minutes of ordinary council meeting - 15 00 2020...cr laurence evans oam cr rob grinter (deputy...

Ordinary

Meeting of

Council

held remotely and

live-streamed via

Council’s website

Tuesday 15 September 2020 at 5pm

Minutes

Bayside City Council Ordinary Council Meeting - 15 September 2020

Page No. 2

PRESENT:

Chairperson: Councillors:

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

Officers: Mick Cummins – Chief Executive Officer

Jill Colson – Director Corporate Services Adam McSwain – Director Environment, Recreation and Infrastructure Hamish Reid – Director City Planning and Amenity Juliana Aya – Manager Urban Strategy Terry Callant – Manager Governance and Corporate Reporting John Coates – Manager Amenity Protection Matthew Cripps – Manager Development Services Kristy Green – Manager Sustainability and Transport Bill Shanahan – Manager Finance Damien Van Trier – Manager Open Space, Recreation and Wellbeing


Page No. 3

Table of Contents

1. Prayer

2. Acknowledgement of Original Inhabitants

3. Apologies

4. Disclosure of any Conflict of Interest of any Councillor

5. Adoption and Confirmation of the minutes of previous meeting

6. Public Question Time

7. Petitions to Council

7.1 Petition requesting Council to reinstall the fence and gate that forms the boundary of the foot/bike path of the rail line and Gilford Grove, Cheltenham ................................................................... 15

7.2 Petition concerning the location of proposed pavilion in the south-west corner of Elsternwick Park ................................................ 16

7.3 Petition requesting Interim Heritage Overlay for all four properties 28, 30, 32 and 34 Service Street, Hampton .............................. 17

8. Minutes of Advisory Committees

8.1 Minutes of the Audit & Risk Management Committee meeting held on 17 August 2020 .................................................................... 18

8.2 Minutes of the Audit & Risk Management Committee meeting held on 31 August 2020 .................................................................... 19

8.3 Assembly of Councillors Record ................................................ 20

9. Reports by Special Committees

10. Reports by the Organisation

10.1 Amendment C174bays - 38 Grosvenor Street, Brighton - Planning Panel Report Recommendations ............................................... 27

10.2 Cheltenham Heritage Station Buildings and Scout Hall ............. 28

10.3 Affordable Housing Outcomes in Bayside ................................. 29

10.4 Climate Emergency Action Plan ................................................ 30

10.5 Carbon Neutrality Action Plan 2018-2020 Implementation Update ....................................................................................... 31

10.6 Outcome of Tulip Street Basketball Centre funding application 32


Page No. 4

10.7 Bayside Netball Centre - Update on negotiations with Victorian School Building Authority regarding Sandringham Secondary College proposal ....................................................................... 33

10.8 Sandringham Family Leisure Centre Feasibility Study - update 35

10.9 7 Haynes Street, Highett - Application to Delist and Remove a Significant Tree ......................................................................... 36

10.10 Application for rating under the Cultural and Recreational Lands Act 1963 .................................................................................... 37

10.11 2020 Bayside Christmas Carols in the Park .............................. 38

10.12 Bayside Tourism Network Membership 2020 - 2022 ................. 39

10.13 Proposed Discontinuance of Non-Constructed Road Within Sandringham Golf Course, 152 Tulip Street, Cheltenham ........ 40

10.14 Annual Financial Statements for the year ended 30 June 2020 41

10.15 Performance Statement for Year Ending 30 June 2020 ............ 42

10.16 CONTRACT CON/20/75 Elsternwick Park Oval 4 Oval Reconstruction .......................................................................... 43

10.17 CONTRACT CON/20/25 Supply of Delivered Meals ................. 44

10.18 Council Action Awaiting Report ................................................. 45

11. Reports by Delegates

12. Urgent Business

13. Notices of Motion

13.1 Notice of Motion - 302 - Elsternwick Park Nature Reserve - proposed gateway building ........................................................ 48

13.2 Notice of Motion - 303 - Establishment of an Access and Inclusion Advisory Committee .................................................................. 49

13.3 Notice of Motion - 304 - Bayside's Native Vegetation Works Program..................................................................................... 50

14. Confidential Business

14.1 Financial support for Council tenant .......................................... 51

14.2 Flooding Agreement for 48 Haldane Street, Beaumaris ............ 51


Page No. 5

The Mayor declared the meeting open at 5pm and advised that the Council meeting is being recorded and streamed live on the internet for the accessibility of Council meetings to the Bayside Community.

The Mayor invited Cr 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.

3. Apologies

There were no apologies submitted to the meeting.

4. Disclosure of any Conflict of Interest of any Councillor

There were no conflicts of interest submitted to the meeting.


Page No. 6

Procedural Motion

Moved: Cr Grinter Seconded: Cr del Porto

That Council:

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

2. adjourns the meeting to be reconvened on Wednesday 16 August 2020 at 5:00pm via livestreaming on Council’s website, in the event livestreaming cannot be resumed within 30 minutes from the commencement of the technical problem which prevents livestreaming on Council’s website.

CARRIED Procedural Motion

Moved: Cr Grinter Seconded: Cr Evans That the meeting considers an adjournment procedural motion at approximately 7:00pm.

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 18 August 2020.

Moved: Cr del Porto Seconded: Cr Evans

That the minutes of the Ordinary meeting of Bayside City Council held on 18 August 2020, as previously circulated, be confirmed as an accurate record of proceedings.

CARRIED

5.2 Confirmation of the Minutes of the Special meeting of Bayside City Council held on 25 August 2020.

Moved: Cr del Porto Seconded: Cr Heffernan

That the minutes of the Special meeting of Bayside City Council held on 25 August 2020, as previously circulated, be confirmed as an accurate record of proceedings.

CARRIED


Page No. 7

6. Public Question Time

In accordance with Chapter 2, Section 57 of Council’s Governance Rules, 31 public questions were submitted to the Meeting. In accordance with the resolution at the March 2020 Ordinary Meeting of Council, temporary meeting procedures with regard to public question time are in place:

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

All questions and responses will be recorded in the minutes.

A written response will be provided to all questions received.

1. Ms Sonia Wagner

Ms Sonia Wagner submitted a question regarding works at Elsternwick Park, and Ms Wagner asked:

a) Given the impact on the local community of all these works, can the oval upgrade be deferred to a later date or coordinated in such a way that the Murphy Street/New Street roundabout wont be closed to traffic. Last time this caused major delays and risky behaviour by motorists when both Tennyson Street and New Street roundabouts were closed off.

b) How will you manage lighting adjacent to the designated wildlife park opposite as lighting will impact animal behaviour here?

Response from the CEO

a) There will be minimal traffic disruption associated with the Elsternwick Park Oval 4 reconstruction project and as such the project will not impact or be impacted by any planned works in adjacent streets or intersections.

b) Elsternwick Park Oval 4 sportsground lighting has been designed by independent lighting engineers in accordance with strict Australian Standards regarding light spill. The lighting on Oval 4 will not have any impact on Elsternwick Park Nature Reserve.


Page No. 8

2. Ms Helen Tachos

Ms Helen Tachos submitted a question regarding rate relief/deferment. As the question consists of more than 2 parts, Council’s Governance Rules direct that only the first 2 parts will be responded to. Ms Tachos asked:

a) Can the Council please advise how many households have applied for rate relief/deferment of council rates for 2020-2021?

b) Also can the Council, in light of continuing Stage 4 restrictions, a recession and no improvement in economic activity for the foreseeable future, advise whether deferment of fees is sufficient, particularly as it has budgeted a $20 million surplus.


a) 528 ratepayers have applied for rate deferral under Council’s financial hardship provisions representing 1.2% of total ratepayers. Council’s rates officers will continue to work with each of the ratepayers involved to negotiate a re-payment plan that suits their current circumstances

b) The budgeted Operating surplus is used to fund Council’s extensive capital program which is delivering much needed improvements to community infrastructure and is part of our COVID-19 recovery strategy.

3. Mrs Alida Williams

Mrs Alida Williams submitted a question regarding Council officers’ recommendation that the proposed Bayside Netball Centre now be established at Sandringham College, Holloway Road campus, and Mrs Williams asked:

a) how will you conduct a valid traffic study, which I assume is a major part of any feasibility study, in the current ‘not normal’ covid-19 environment and before any plan is finalized?

b) how will you provide sufficient parking for this substantial increase in traffic?


a) It is acknowledged that current COVID-19 restrictions make it challenging to conduct on-site traffic studies. Council will work with the Victorian School Building Authority to develop a design that minimises traffic impacts in the local area.

b) Council will work with the Victorian School Building Authority to develop a design that minimises parking impacts in the local area.


Page No. 9

4. Mr Jeffrey Stevens

Mr Jeffrey Stevens submitted a question concerning the proposed Holloway Drive site for the Bayside Netball Centre, and Mr Stevens asked:

What level of community consultation will take place and be considered given the proximity to the residential area including 2 Aged Care Facilities as it appears Council has already proceeded with Architectural Plans in an area with limited access and impact on the amenity of the area.


Council will work with the Victorian School Building Authority to inform residents and adjacent site stakeholders of the plan to develop sports facilities at the site and consult with residents to minimise the localised impacts of traffic, light spill, parking and noise.

5. Ms Sonja Johnson

Ms Sonja Johnson submitted a question regarding the proposed Bayside Netball Centre, and Ms Johnson asked:

In regards to the new plans proposed for the Bayside Netball facility on the grounds of Sandringham College in Holloway Rd, will genuine community consultation occur or is it a case of both the School/VSBA having sole discretion on what happens on school land?


While the Victorian School Building Authority is not required to undertake community consultation, Council will work with the Authority to provide up-to-date information on the project and to consult with residents and stakeholders on the potential impacts of the project on traffic and parking issues.

6. Mrs Kathrin Baumann

Mrs Kathrin Baumann submitted a question regarding the Netball Centre proposal, and Mrs Baumann asked:

I would like to understand how and when the local residents will be consulted to address concerns regarding traffic management, parking and noise to adjacent neighbours including the aged care homes.


Council will work with the Victorian School Building Authority to inform residents of the project and will consult residents on issues including the impact of traffic, parking, light spill and noise.


Page No. 10

7. Mrs Amanda Campbell

Ms Amanda Campbell submitted a question regarding the Netball Centre proposal. As the question contains more than 2 parts, Council’s Governance Rules direct that only the first 2 parts of the question will be responded to. Ms Campbell asked:

a) What is the new costing for the Bayside netball centre at Holloway Rd?

b) Why is the development at Wangara rd off the table?


a) The recommendation included in the 15 September 2020 Council report seeks a Council allocation of $15 million towards the project.

b) The Council report sets out a number of issues relating to the proposal at the Wangara Road site relating to the risks of escalating cost and potential delays.

8. Mr Euan Walker

Mr Euan Walker submitted a question regarding corporate and financial governance, and Mr Walker asked:

a) How much of rate payers money was wasted on the failed attempt to build netball courts on Wangara Rd

b) who in the council organisation (role, not individual) has been held accountable for lack of proper project management discipline, including but not limited to failing to undertake proper due diligence prior to incurring major costs such as buying out the driving range business lease?


a) A total of $0.6M was spent since 2018/19 financial year for the planning and design phases of the project.

b) Appropriate due diligence has been undertaken by staff involved across the life of this project. As with all major projects of this scale and complexity a range of issues can be identified throughout the planning, design and detailed design phases of the project.


Page No. 11

9. Mr Graham Lee

Mr Graham Lee submitted a question regarding Action 1.7 of Council’s Climate Emergency Action Plan, and Mr Lee asked:

a) Is it intended that the established target will be a commitment of Council and that achievement of the target will be an overriding priority?

b) Can Council confirm that it is the intention to set a target (preferably in line with 1.5% rather than 2%), when that target is intended to be set and that the target will be a firm commitment which will influence the actions of Council to ensure it is met.


A science-based greenhouse gas emissions reduction target for the entire Bayside community is intended to be set by June 2021. This will follow some work with our South East Councils Climate Alliance partners to identify the highest impact community greenhouse gas emissions reduction activities to address in our region. This target will be in line with the Paris Agreement aim of an at worst 2oC and preferably 1.5oC average global temperature increase by 2050. This is why the Council report states that a target has not yet been included in the Final Draft Climate Emergency Action Plan.

10. Mr Brad Chubb

Mr Brad Chubb submitted a question regarding the proposed Bayside Netball Centre, and Mr Chubb asked:

How has this site now been deemed suitable when the minutes of council meeting from 22/8/2017 (indicate) this site was deemed assessed and unsuitable?


Initial discussions with Sandringham College and the subsequent site assessment in 2017 identified that the amount of space available would be insufficient to accommodate the required indoor and outdoor courts. Traffic and provision of car parking were also identified as a possible issue during this assessment.

Recent discussions with the Victorian School Building Authority have highlighted an opportunity to access more space on the site accommodating the required courts and enabling Council to propose additional car parking and possible access from both Wangara and Holloway Road to assist with match day traffic flow.


Page No. 12

11. Mr David Fonda

Mr David Fonda submitted a question directed to the Mayor in regard to use of Elsternwick Park Oval 4, and Mr Fonda asked:

a) Why did you allow this protracted discussion about availability of oval 4 for football when the motion in itself was one that ensured there would be no football played on that oval in 2021?

b) In the absence of any information being provided in the Council papers, why was there no questions asked of the CEO to explain how and why such a large budget blow out could occur so soon after budget being passed but instead you allowed discussion to solely focus on availability for football?

Response from the Mayor

a) The playing of sport is relevant to the discussion of the sportsground reconstruction and pavilion.

b) Councillors regularly receive detailed briefings from officers on Council projects. Prior to the Council meeting, Councillors had requested and received a briefing and information explaining this project and why the change to the original cost estimate had taken place.

12. Dr Benjamin Davies

Dr Benjamin Davies submitted a question regarding Item 10.2 on the Agenda, specifically the Cheltenham Heritage Station Buildings, and Dr Davies asked:

a) Please clarify item 10.2 paragraph 5 – is the proposed plan to move the building that was on the Kingston side into the park, or to rebuild it in/close to its original location as this is not entirely clear from the wording.

b) What is the plan for the heritage building previously located on the Bayside side of the tracks as this does not appear to be mentioned in the proposed plan?

Response from the Mayor

a) The station heritage building which was on the Kingston municipality boundary has been flat packed and stored away to facilitate the Cheltenham Station construction. This building is proposed to be rebuilt in Cheltenham Park.

b) Options are being explored by the Level Crossing Removal Project (LXRP) at this time.


Page No. 13

13. Dr Katrina Witt

Dr Katrina Witt submitted a question regarding the Level Crossing Removal Project in Cheltenham, and Dr Witt asked:

a) What guarantees will be written into the MOU between LXRP and the Council to ensure the $1 million contribution from LXRP towards the project will be ring-fenced from the Bayside City Council's general budget and also the general capital works budget to ensure the funding is available come 2021/22 when the plan is to be enacted.

b) What measures will be put in place to ensure that any potential cost over-run above the projected $1.5 to $2 million budget does not result in the failure to adequately construct the heritage building?


a) Performance obligations relating specifically to the project delivery will be included in the MOU to ensure transparency and that the funding is used solely for the purpose intended.

b) Any agreement that Council enters into with the LXRP for this project will stipulate that the reconstruction of the heritage building must be completed.

14. Ms Elizabeth Witt

Ms Elizabeth Witt submitted a question regarding the Level Crossing Removal Project in Cheltenham, and Ms Witt asked:

a) If there is no plan to reconstruct the heritage station building until 2021 or even 2022 what measures are being taken to protect the flat-packed buildings for further 12 to 18 months?

b) Will they remain on Bayside City Council owned land for this entire time?


a) The flat packed building is stored off the ground and covered with tarpaulin at this time. Protective measures for further 12 to 18 months are unknown to Council.

b) The existing lease agreement between LXRP and Bayside City Council ends on July 2021. Options after July 2021 is currently unknown to Council, but subject to further discussion with LXRP.


Page No. 14

15. Ms Elizabeth Witt

Ms Elizabeth Witt submitted a further question. The question is regarding the Level Crossing Removal Project in Cheltenham, and Ms Witt asked:

Please clarify if this proposal relates to relocation and repurposing of the Kingston side building into Cheltenham Park to be used, amongst other things, as a Scout Hall, or, is the future of the Kingston side building secure and so therefore this proposal relates to the potential relocation and reuse of the Bayside side building?


The proposal relates to relocation and repurposing of the Kingston side building into Cheltenham Park. The potential relocation and reuse of the Bayside side building is unknown at this time.

16. Mr Stefan Baumann

Mr Stefan Baumann submitted a question regarding the proposed Bayside Netball Centre, and Mr Baumann asked:

a) How is it that local residents were not consulted, let alone informed about the new site for the netball centre.

b) What are the impacts on traffic and what is the council's plan to manage these impacts?


a) Council has worked at a rapid pace, over a short period of time and with a need for confidentiality while negotiating the opportunity for the development of a netball centre at Sandringham College. Council informed Holloway Road residents of the project by letterbox drop following the publishing of the 15 September 2020 Council report.

b) Council will work with the Victorian School Building Authority to develop a design that minimises traffic impacts on the local area.

It is recorded that the remaining 15 question submitted by Miss Amanda Witt, Mr Jeremy Hewett, Mr David Rothfield, Ms Toni Mison, Mr Daniel Phelps, Mr Fraser Gibson, Mr David Fonda, Mr Peter Gosney, Ms Jen Bishop, Miss Jenelle Mckenzie were not read out or responded to at the meeting given the 15 minutes allocated to Public Question had expired. Written responses will be provided to all questioners.


Page No. 15

7. Petitions to Council

7.1 PETITION REQUESTING COUNCIL TO REINSTALL THE FENCE AND GATE THAT FORMS THE BOUNDARY OF THE FOOT/BIKE PATH OF THE RAIL LINE AND GILFORD GROVE, CHELTENHAM

Corporate Services - Governance File No: PSF/20/12 – Doc No: DOC/20/267159

Petition from residents requesting Council to reinstall the fence and gate that forms the forms the boundary of the foot/bike path of the rail line and Gilford Grove, Cheltenham.

(43 petitioners – all Bayside residents).

“We the residents of Gilford Grove, Cheltenham with the City of Bayside hereby request the reinstallation of our fence and gate that forms the boundary of the foot/bike path of the rail line and Gilford Grove as was promised prior to the LXRP commencing.”

Moved: Cr Evans Seconded: Cr Heffernan

That the Petition be received and referred to the Chief Executive Officer for consideration and response.

CARRIED


Page No. 16

7.2 PETITION CONCERNING THE LOCATION OF PROPOSED PAVILION IN THE SOUTH-WEST CORNER OF ELSTERNWICK PARK


Petition from residents requesting the Mayor and Councillors of Bayside City Council to build the proposed pavilion in the south-west corner of Elsternwick Park, either with road entry from Head Street, or as Option 1 as stated in Item 3.1 of the 19 September 2018 Special Meeting of Council report.

(25 petitioners – all Bayside residents).

“We the undersigned hereby petition the Mayor and Councillors of Bayside City Council to build the proposed pavilion in the south-west corner of Elsternwick Park, either with road entry from Head Street or as Option 1 stated by your recommendation”

Moved: Cr Heffernan Seconded: Cr del Porto

That the petition be received, and a report be submitted to the February 2021 Ordinary Council Meeting in relation to the proposed location of the pavilion adjacent to Elsternwick Park Oval 4.

CARRIED


Page No. 17

7.3 PETITION REQUESTING INTERIM HERITAGE OVERLAY FOR ALL FOUR PROPERTIES 28, 30, 32 AND 34 SERVICE STREET, HAMPTON


Petition from residents requesting Council to take urgent action to seek an Interim Heritage Overlay from the Minister for Planning for properties 28, 30, 32 and 34 Service Street, Hampton.

(50 signatories – all Bayside residents)

“We the undersigned hereby petition Bayside City Council to take urgent action to seek an Interim Heritage Overlay from the Minister for Planning of Victoria covering all of the four adjacent properties: 28, 30, 32 and 34 Service Street, Hampton. We request that the order be applied to prevent the imminent destruction of these houses in order to allow time for a heritage study to be conducted to review the properties’ individual and communal importance. We propose that together with the existing heritage protected homes opposite in Service Street, (homes 33, 35, 37 and 39) this section of Service Street should be reviewed, re-classified and re-zoned as a Heritage Protected Precinct.”

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

That the petition be received and a report be submitted to the October 2020 Council Meeting in relation to the proposed petition.

CARRIED


Page No. 18

8. Minutes of Advisory Committees

8.1 MINUTES OF THE AUDIT & RISK MANAGEMENT COMMITTEE MEETING HELD ON 17 AUGUST 2020


Moved: Cr Castelli Seconded: Cr Evans

That Council:

1. notes the minutes of the Audit & Risk Management Committee meeting held on 17 August 2020; and

2. adopts the following recommendations of the Audit and Risk Management Committee:

Item 9.1.1. Strategic Risk Review

That the Audit and Risk Management Committee:

for the purposes of Section 12, Schedule 1 of the Local Government (Planning and Reporting) Regulations, the Audit and Risk Management Committee note the review of the 12 strategic risks and recommend to Council that the review of the Strategic Risks be noted.

Item 9.8.2. 2019/20 Annual Report of the Audit and Risk Management Committee


1. notes the content of the draft 2019/20 Audit and Risk Management Committee Annual Report; subject to minor editorial changes and

2. recommends to Council that a precis of the Audit and Risk Management Committee Annual Report be included in the organisation’s 2019/20 Annual Report.

Item 9.8.3. Appointment of Chairperson of the Audit and Risk Committee

That the Audit and Risk Management Committee recommends to Council that independent member Ms Lisa Woolmer be reappointed as Chairperson to the Audit and Risk Committee for 2020/21 effective as from the November 2020 meeting.

CARRIED NOTE: Item 8.1 was CARRIED as part of a block motion.


Page No. 19

8.2 MINUTES OF THE AUDIT & RISK MANAGEMENT COMMITTEE MEETING HELD ON 31 AUGUST 2020



That the Audit and Risk Management Committee recommends that Council:

1. notes the minutes of the Audit & Risk Management Committee held on 31 August 2020; and

2. adopts the following recommendations of the Audit and Risk Management Committee:

Item 9.2.1. – Draft Annual financial Statements for year ended 30 June 2020


1 receives and notes the Financial Report and draft management representation letter as amended for the financial year ended 30 June 2020 subject to the following:

additional commentary in Note 3.1 to indicate Council has complied with the 2019/20 financial year rate cap; and

completion of the four outstanding matters highlighted in the VAGO Closing Report; and

2 recommends to Council that Council resolves subject to changes recommended by the Audit & Risk Management Committee to give in principle approval of the Financial Report for the financial year ended 30 June 2020.

Item 9.2.2. – Performance Statement for year ending 30 June 2020

That the Audit & Risk Management Committee:

1. receives and notes the Governance and Management Checklist and the Performance Statement for year ended 30 June 2020, subject to minor editorial changes to the Unrestricted Cash variance commentary, and a review of the COVID-10 Implications commentary; and

2. recommends to Council that, Council resolves, subject to the changes recommended by the Audit and Risk Management Committee to adopt the Performance Statement for the financial year ending 30 June 2020 in principle.



Page No. 20

8.3 ASSEMBLY OF COUNCILLORS RECORD



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

25 August 2020 Strategic Issues Discussion; and

1 September 2020 Councillor Briefing.



Page No. 21

9. Reports by Special Committees

There were no reports by Special Committees submitted to the meeting.

10. Reports by the Organisation

REQUESTS TO BE HEARD: The Chairperson noted that due to the ongoing COVID-19 pandemic, temporary changes to the Council meeting procedures are in place with regard to Chapter 2, Division 10 of Council’s Governance Rules (Individual Presentations), whereby:

in place of speaking in-person at a Council / Committee meeting, members of the public may submit a written statement which must be sent electronically, or delivered to Council's Corporate Centre, by 9:00am on the day of the meeting

written statements received after 9:00am on the day of the meeting will not be considered by the meeting

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

in accordance with Chapter 2, Section 83(1) of Council’s Governance Rules 2020, any statement which is derogatory, or defamatory of any Councillor, member of Council staff, or member of the community may not be accepted

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

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

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


Page No. 22

The following individuals submitted written statements: Item 10.1 Amendment C174bays - 38 Grosvenor Street, Brighton - Planning Panel

Report Recommendations

1. Mrs Caroline Shepard

2. Mr Peter Corfield

3. Mrs Fiona Austin (on behalf of Beaumaris Modern)

4. Ms Joanne Kallinicos

5. Mr Michael Howard

6. Ms Irene Pothitos

7. Mrs Tina Tsioutras

8. Mrs Mary Larsen

9. Mrs Fiona Marshall

10. Mrs Effie Laveglia

11. Mr Ian Larsen

12. Mr Joe Laveglia

13. Ms Alexandra Laveglia

14. Mr John Byrne

15. Mrs Jennie Armstrong

16. Mr Frank McDermott

17. Miss Mirabela Vasilie

18. Ms Kerry Ward

19. Mrs Gerlinde Strogylakus

20. Mr Frank Pothitos

21. Mrs Carolyn Bloom

22. Mrs Rhonda Corfield

Item 10.4 Climate Emergency Action Plan

1. Mr Henri Pryde & Ms Elizabeth Jensen (on behalf of Bayside Emergency Climate

Action Network)

2. Mr David Williams

Item 10.6 Outcome of Tulip Street Basketball Centre funding application

1. Mrs Lisa Mouncer (on behalf of Bullits Basketball Club)

2. Mr Paul McMahon (on behalf of Sandy Saints Basketball Club)

3. Mr Tom Roberts

4. Mr Simon Giovannoni

5. Mr Nathan Crosswell

6. Mr Mitchell Barlow

7. Mr David Barlow

8. Ms Jacqueline O'Neill

9. Ms Judy Barlow

10. Mrs Vicki Barlow

11. Mr Peter McKenna (on behalf of Mordy Flyers Basketball Club)

12. Mr Andrew Stavropoulos

13. Mr David Young (on behalf of Aspendale Gardens Giants Basketball)

14. Mr Paul Breen (on behalf of Southern Eagles Basketball Club)


Page No. 23

15. Mr Steven Lunardon

16. Mr Michael Burke

17. Ms Amber Dowling (on behalf of Mentone Mustangs Basketball Club)

18. Mr Alistair Perry (on behalf of Moorabbin Tigers Basketball Club)

19. Ms Angela Gilchrist (on behalf of Beaumaris Sharks Basketball Club)

20. Mr Bruce Allen (on behalf of Parkdale Pacers Basketball Club)

21. Mr Phil McFarlane (on behalf of Southern Basketball Association)

22. Miss Ashley-Rose Smirniotis

Item 10.7 Bayside Netball Centre - Update on negotiations with Victorian School Building Authority regarding Sandringham Secondary College proposal

1. Mrs Dana Meadows

2. Miss Julie Quirk

3. Mr Steve & Mrs Charmaine Beauchier

4. Mr Steven Davutovic

5. Mrs Sarah Murray

6. Mrs Alison Brown

7. Mr Ian Celantano

8. Mrs Karin Milenkovic

9. Mrs Kerri Kerr

10. Mr Tim Green

11. Mrs Stephanie Green

12. Mr Nick Simmons

13. Ms Cheryl-Ann d’Andrea

14. Mr David Mallen

15. Mrs Kylie Charlton

16. Ms Melissa Woods

17. Miss Emily d'Andrea

18. Mr Andrew Kerr

19. Ms Kellie Tighe

20. Mr Brett Dyer

21. Ms Edwina Jenkins & Mr Steve Malcolm

22. Mr Euan Walker

23. Mr Steven Jones

24. Mr Dennis Mahaven

25. Mrs Lesley Seabrook

26. Mrs Jodie & Mr Dean Geri

27. Mr Geoffrey Adamson

28. Mrs Tracey Walsh

29. Mr Rohit Mathur

30. Ms Brooke Phillips

31. Mr David Brown

32. Mr Glen Tonkes

33. Mrs Kate McDonell

34. Mr Christopher Yates

35. Mr Warwick Dean

36. Mr Sean McDonell

37. Mr Andrew Charlton

38. Mrs Rubee Carter

39. Mr Robin McKenzie


Page No. 24

40. Mr Richard Keely

41. Mrs Jenny Keely

42. Mr Marcus Morley

43. Mrs Shelley D’Alterio

44. Mrs Sarah Cooper

45. Mr Paul & Mrs Jill Lauritz

46. Mr Nick Lambrinos

47. Mrs Alida Williams

48. Mr Oliver Latter

49. Mr Adam Evans

50. Mr Rod Tattersall

51. Ms Alma Laaksonen-Pemberton

52. Mrs Jules Simpson

53. Miss Stephanie Batten

54. Ms Anita Reynolds

55. Ms Brianna Reynolds

56. Ms Tara Reynolds

57. Ms Alaina Reynolds

58. Mrs Kerrie & Mr Jerry Coll

59. Ms Elizabeth O'Brien

60. Ms Carol Heenan

61. Ms Alison Thomas

62. Mr Mark Murray

63. Mr Oliver Maass

64. Ms Katrina Roach

65. Mrs Claire Heaven

66. Mr Michael Phillips

67. Mr Peter & Mrs Kay Patten

68. Mr Francis Brown

69. Mr Geoffrey Milburn

70. Mrs Joanne Bryant

71. Dr Amy Touzell

72. Mr Roland Williams

73. Mrs Angela Murdoch

74. Ms Sue Parks

75. Mrs Tatyana Dankevych

76. Dr Noel Clark

77. Mrs Sue Raverty (on behalf of Friends of Ricketts Point Landside)

78. Mr Tony Taggart

79. Mrs Vivienne Siadis

80. Mr Paul Kelly

81. Mrs Elizabeth Reinhard

82. Mr Tim Kurth

83. Mrs Jodie Hickey

84. Mr Rod Austin

85. Ms Sally Apitz & Mr Fabian Sossa

86. Mr Alister Miller

87. Mr Paul Langley

88. Mrs Sue Langley

89. Mrs Debbie Linnegan

90. Mrs Mary McCauley

91. Ms Sue Pilcher

92. Ms Judy Dixon


Page No. 25

93. Ms Sue Forster (on behalf of Friends of Bay Road Heathland Sanctuary)

94. Mr John Douglas

95. Mrs Robyn Coombs

96. Miss Robyn Johnstone

97. Mrs Sarah Fitz-Gerald

98. Mr Cameron Dalley

99. Mr Graeme Bott

100. Mrs Nicole Garvey

101. Mr John & Mrs Jane Cartledge

102. Mrs Sheila & Mr Ian Rudd

103. Mrs Prudence Graham

104. Mr Graham Skull & Ms Kris Pierce (on behalf of Sandringham and District Netball

Association)

105. Mrs Sue McFadyen

106. Mrs Cheryl Renouf

107. Ms Shelley Haynes (on behalf of Netball Victoria)

108. Miss Emily Reinhard

109. Mr David Reinhard

110. Mrs Kim Dandoulis

111. Mr Jeff Kerr-Bell (on behalf of Sandringham Soccer Club)

112. Mr Lindsey Browne

113. Mr Raymond Gaskell

114. Mr Geoffrey Goode (on Beaumaris Conservation Society Inc.)

115. Mr Graham Wells

116. Ms Anne Jessel (on behalf of Friends of Native Wildlife Inc.)

117. Mr Dean Robson

118. Mrs Mary-Jane Chamberlain

119. Mr Pathik Mehta

120. Miss Sarah Reinhard

121. Ms Jalpa Dattani

122. Mrs Paula Appelhans

123. Mr Adam Touzell

124. Mr John Christoforidis

125. Ms Fiona Sargeant

126. Miss Carolyn Wright

127. Mr Jayce Gilbert

128. Mrs Jennifer Vickery

129. Mr Kyle Vazzoler

130. Mrs Julie Mclouglin

131. Mr Dale Mracek

132. Dr Helen Green

133. Mrs Deanne Telford

134. Ms Naomi Greenard

135. Mr Nick Howell

136. Ms Norah Kaplan

137. Mr John Christoforidis

138. Ms Karen Ross


Page No. 26

Item 10.9 7 Haynes Street, Highett - Application to Delist and Remove a Significant Tree

1. Mr Michael Steell

2. Mr James Parsons & Ms Shelley Booth

3. Mr Chris Willcocks

4. Mrs Jan Bates

5. Mr Michael Truelove

6. Mr Daniel Fox

Item 10.11 2020 Bayside Christmas Carols in the Park

1. Ms Jen Bishop

Item 10.14 Annual Financial Statements for the year ended 30 June 2020

1. Mr George Reynolds


Page No. 27

10.1 AMENDMENT C174BAYS - 38 GROSVENOR STREET, BRIGHTON - PLANNING PANEL REPORT RECOMMENDATIONS

City Planning & Amenity - File No: PSF/20/17 – Doc No: DOC/20/260747

It is recorded that Mrs Caroline Shepard, Mr Peter Corfield, Mrs Fiona Austin (on behalf of Beaumaris Modern), Ms Joanne Kallinicos, Mr Michael Howard, Ms Irene Pothitos, Mrs Tina Tsioutras, Mrs Mary Larsen, Mrs Fiona Marshall, Mrs Effie Laveglia, Mr Ian Larsen, Mr Joe Laveglia, Ms Alexandra Laveglia, Mr John Byrne, Mrs Jennie Armstrong, Mr Frank McDermott, Miss Mirabela Vasilie, Ms Kerry Ward, Mrs Gerlinde Strogylakus, Mr Frank Pothitos, Mrs Carolyn Bloom, and Mrs Rhonda Corfield each submitted a written statement in relation to this item.

Moved: Cr Heffernan Seconded: Cr Evans

That Council:

1. adopts Amendment C174bays incorporating the Panel’s recommended changes;

2. submits Amendment C174bays to the Minister for Planning for approval in accordance with Section 31 of the Planning and Environment Act 1987; and

3. writes to all submitters to advise them of Council’s decision.

The Motion was PUT and a DIVISION was called: DIVISION: FOR: Crs Laurence Evans, James Long, Michael Heffernan, Clarke

Martin (Mayor) and Rob Grinter (Deputy Mayor) (5) AGAINST: Crs Alex del Porto and Sonia Castelli (2)

CARRIED


Page No. 28

10.2 CHELTENHAM HERITAGE STATION BUILDINGS AND SCOUT HALL

Environment, Recreation & Infrastructure - Sustainability & Transport File No: PSF/20/16 – Doc No: DOC/20/234916

Moved: Cr Evans Seconded: Cr del Porto

That Council:

1. develops and enters into a Memorandum of Understanding with LXRP to provide preliminary support for the project at Cheltenham Park and to allow for a feasibility study and community engagement process to be completed;

2. requires a financial contribution from LXRP of $1 million in value towards the project and notes that any Council financial contribution will require multi-purpose community use outcomes to be achieved; and

3. receives a report at a future Council meeting that outlines the outcomes of the feasibility study, community engagement and proposed project cost.

CARRIED

Procedural Motion Moved Cr Grinter Seconded Cr Heffernan That the meeting be adjourned for 5 minutes.

CARRIED It is recorded that the meeting was adjourned at 6:06pm. Procedural Motion Moved Cr del Porto Seconded Cr Grinter That the meeting be resumed.

CARRIED It is recorded that the meeting was adjourned at 6:10pm.


Page No. 29

10.3 AFFORDABLE HOUSING OUTCOMES IN BAYSIDE

City Planning & Amenity - Urban Strategy File No: PSF/20/17 – Doc No: DOC/20/266095


That Council:

1. receives the Draft Affordable Housing Strategy by February 2021;

2. requires all planning permits issued for multi dwelling developments to include a condition requiring the implementation of the Homes for Homes initiative, via a Section 173 Agreement, under the Planning and Environment Act 1987; and

3. in partnership with Homes for Homes, commences a promotion program that demonstrates the benefits and volunteering opportunities for our community to contribute to housing security for the vulnerable.

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. 30

10.4 CLIMATE EMERGENCY ACTION PLAN

Environment, Recreation & Infrastructure - Environment File No: PSF/20/16 – Doc No: DOC/20/125586

It is recorded that Mr Henri Pryde & Ms Elizabeth Jensen (on behalf of Bayside Emergency Climate Action Network), and Mr David Williams each submitted a written statement in relation to this item.


That Council:

1. rescinds the Climate Change Strategy 2012, noting that any continuing actions are to be included in the Climate Emergency Action Plan;

2. notes the community and staff engagement used to develop and refine the Draft Climate Emergency Action Plan; and

3. adopts the Climate Emergency Action Plan 2020.

CARRIED


Page No. 31

10.5 CARBON NEUTRALITY ACTION PLAN 2018-2020 IMPLEMENTATION UPDATE

Environment, Recreation & Infrastructure - Environment File No: PSF/20/16 – Doc No: DOC/20/103390


That Council notes:

1. the actions taken during 2019/20 to implement the Carbon Neutrality Action Plan 2018-2020;

2. that Carbon Neutral status has been assessed as met, and verified against the Climate Active Carbon Neutral Standard;

3. the completion of the Carbon Neutrality Action Plan 2018-2020, with any continuing actions to be included in the Climate Emergency Action Plan; and

4. that a further report on certification against the Climate Active Carbon Neutral Standard will be presented at the December 2020 Ordinary Council Meeting.



AGAINST: Nil (0)

CARRIED

Procedural Motion Moved Cr Grinter Seconded Cr del Porto That the meeting be adjourned for 10 minutes.

CARRIED It is recorded that the meeting was adjourned at 6:44pm. Procedural Motion Moved Cr Grinter Seconded Cr Evans That the meeting be resumed.

CARRIED It is recorded that the meeting was adjourned at 6:54pm.


Page No. 32

10.6 OUTCOME OF TULIP STREET BASKETBALL CENTRE FUNDING APPLICATION

Environment, Recreation & Infrastructure - Open Space, Recreation & Wellbeing File No: PSF/20/18 – Doc No: DOC/20/235683

It is recorded that Mrs Lisa Mouncer (on behalf of Bullits Basketball Club), Mr Paul McMahon (on behalf of Sandy Saints Basketball Club), Mr Tom Roberts, Mr Simon Giovannoni, Mr Nathan Crosswell, Mr Mitchell Barlow, Mr David Barlow, Ms Jacqueline O'Neill, Ms Judy Barlow, Mrs Vicki Barlow, Mr Peter McKenna (on behalf of Mordy Flyers Basketball Club), Mr Andrew Stavropoulos, Mr David Young (on behalf of Aspendale Gardens Giants Basketball), Mr Paul Breen (on behalf of Southern Eagles Basketball Club), Mr Steven Lunardon, Mr Michael Burke, Ms Amber Dowling (on behalf of Mentone Mustangs Basketball Club), Mr Alistair Perry (on behalf of Moorabbin Tigers Basketball Club), Ms Angela Gilchrist (on behalf of Beaumaris Sharks Basketball Club), Mr Bruce Allen (on behalf of Parkdale Pacers Basketball Club), Mr Phil McFarlane (on behalf of Southern Basketball Association), and Miss Ashley-Rose Smirniotis each submitted a written statement in relation to this item.

Moved: Cr Heffernan Seconded: Cr Evans

That Council:

1. notes the unsuccessful outcome of the funding application for the Tulip Street Basketball extension project;

2. allocates an additional $2.48 million from the Infrastructure Reserve to fund the shortfall for this project;

3. notes the Planning Permit Application process has commenced;

4. advises the Southern Basketball Association of the outcomes of this report; and

5. writes to Mr Paul Dear and Mr Peter Ryan thanking them both for their contribution in bringing this matter to fruition.



AGAINST: Nil (0)

CARRIED


Page No. 33

10.7 BAYSIDE NETBALL CENTRE - UPDATE ON NEGOTIATIONS WITH VICTORIAN SCHOOL BUILDING AUTHORITY REGARDING SANDRINGHAM SECONDARY COLLEGE PROPOSAL


It is recorded that Mrs Dana Meadows, Miss Julie Quirk, Mr Steve & Mrs Charmaine

Beauchier, Mr Steven Davutovic, Mrs Sarah Murray, Mrs Alison Brown, Mr Ian

Celantano, Mrs Karin Milenkovic, Mrs Kerri Kerr, Mr Tim Green, Mrs Stephanie Green,

Mr Nick Simmons, Ms Cheryl-Ann d’Andrea, Mr David Mallen, Mrs Kylie Charlton, Ms

Melissa Woods, Miss Emily d'Andrea, Mr Andrew Kerr, Ms Kellie Tighe, Mr Brett Dyer,

Ms Edwina Jenkins & Mr Steve Malcolm, Mr Euan Walker, Mr Steven Jones, Mr Dennis

Mahaven, Mrs Lesley Seabrook, Mrs Jodie & Mr Dean Geri, Mr Geoffrey Adamson, Mrs

Tracey Walsh, Mr Rohit Mathur, Ms Brooke Phillips, Mr David Brown, Mr Glen Tonkes,

Mrs Kate McDonell, Mr Christopher Yates, Mr Warwick Dean, Mr Sean McDonell, Mr

Andrew Charlton, Mrs Rubee Carter, Mr Robin McKenzie, Mr Richard Keely, Mrs Jenny

Keely, Mr Marcus Morley, Mrs Shelley D’Alterio, Mrs Sarah Cooper, Mr Paul & Mrs Jill

Lauritz, Mr Nick Lambrinos, Mrs Alida Williams, Mr Oliver Latter, Mr Adam Evans, Mr

Rod Tattersall, Ms Alma Laaksonen-Pemberton, Mrs Jules Simpson, Miss Stephanie

Batten, Ms Anita Reynolds, Ms Brianna Reynolds, Ms Tara Reynolds, Ms Alaina

Reynolds, Mrs Kerrie & Mr Jerry Coll, Ms Elizabeth O'Brien, Ms Carol Heenan, Ms

Alison Thomas, Mr Mark Murray, Mr Oliver Maass, Ms Katrina Roach, Mrs Claire

Heaven, Mr Michael Phillips, Mr Peter & Mrs Kay Patten, Mr Francis Brown, Mr

Geoffrey Milburn, Mrs Joanne Bryant, Dr Amy Touzell, Mr Roland Williams, Mrs Angela

Murdoch, Ms Sue Parks, Mrs Tatyana Dankevych, Dr Noel Clark, Mrs Sue Raverty (on

behalf of Friends of Ricketts Point Landside), Mr Tony Taggart, Mrs Vivienne Siadis, Mr

Paul Kelly, Mrs Elizabeth Reinhard, Mr Tim Kurth, Mrs Jodie Hickey, Mr Rod Austin, Ms

Sally Apitz & Mr Fabian Sossa, Mr Alister Miller, Mr Paul Langley, Mrs Sue Langley, Mrs

Debbie Linnegan, Mrs Mary McCauley, Ms Sue Pilcher, Ms Judy Dixon, Ms Sue Forster

(on behalf of Friends of Bay Road Heathland Sanctuary), Mr John Douglas, Mrs Robyn

Coombs, Miss Robyn Johnstone, Mrs Sarah Fitz-Gerald, Mr Cameron Dalley, Mr

Graeme Bott, Mrs Nicole Garvey, Mr John & Mrs Jane Cartledge, Mrs Sheila & Mr Ian

Rudd, Mrs Prudence Graham, Mr Graham Skull & Ms Kris Pierce (on behalf of

Sandringham and District Netball Association), Mrs Sue McFadyen, Mrs Cheryl Renouf,

Ms Shelley Haynes (on behalf of Netball Victoria), Miss Emily Reinhard, Mr David

Reinhard, Mrs Kim Dandoulis, Mr Jeff Kerr-Bell (on behalf of Sandringham Soccer

Club), Mr Lindsey Browne, Mr Raymond Gaskell, Mr Geoffrey Goode (on Beaumaris

Conservation Society Inc.), Mr Graham Wells, Ms Anne Jessel (on behalf of Friends of

Native Wildlife Inc.), Mr Dean Robson, Mrs Mary-Jane Chamberlain, Mr Pathik Mehta,

Miss Sarah Reinhard, Ms Jalpa Dattani, Mrs Paula Appelhans, Mr Adam Touzell, Mr

John Christoforidis, Ms Fiona Sargeant, Miss Carolyn Wright, Mr Jayce Gilbert, Mrs

Jennifer Vickery, Mr Kyle Vazzoler, Mrs Julie Mclouglin, Mr Dale Mracek, Dr Helen

Green, Mrs Deanne Telford, Ms Naomi Greenard, Mr Nick Howell, Ms Norah Kaplan,

Mr John Christoforidis, and Ms Karen Ross each submitted a written statement in

relation to this item.


Page No. 34

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

That Council:

1. enters into a Development Agreement with the Victorian School Building Authority with in principle support for the project provided by the State Government for the establishment of two indoor sporting courts, nine outdoor sporting courts and an outdoor sporting surface at the Sandringham College, Holloway Road campus, with a funding contribution of up to $15 million and approves the Chief Executive Officer to sign this agreement;

2. negotiates a Community Joint Use Agreement for the project and submits this draft agreement to a future Council meeting;

3. immediately commences consultation with local residents on methods of minimising localised impacts from light spill, noise, traffic and parking including consideration of a resident only parking scheme, utilisation of parking at the Wangara Road site and alternative bus access;

4. receives a report at a future Council Meeting on options for funding works that mitigate traffic and parking issues in the precinct;

5. works with the Victorian School Building Authority to ensure the design of the proposed facility minimises the impacts of local residential amenity;

6. notes the importance of the Bay Road Heathland Sanctuary adjacent to the school site and ensures that this project is developed in a manner which protects and where possible enhances the biodiversity values of the Sanctuary;

7. engages and consults with Sandringham District Netball Association and Netball Victoria throughout the project; and

8. notes that if this project proceeds that the Wangara Road Netball Centre project would not take place.

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

Martin (Mayor), Sonia Castelli and Rob Grinter (Deputy Mayor) (6)

AGAINST: Cr James Long (1)

CARRIED


Page No. 35

10.8 SANDRINGHAM FAMILY LEISURE CENTRE FEASIBILITY STUDY - UPDATE


It is recorded that Cr Long left the meeting at 8:07pm.


That a report be presented to the February 2021 Ordinary Meeting of Council detailing the findings of the Stage 2 Final Report.

CARRIED


Page No. 36

10.9 7 HAYNES STREET, HIGHETT - APPLICATION TO DELIST AND REMOVE A SIGNIFICANT TREE

City Planning & Amenity - Amenity Protection File No: PSF/15/8764 – Doc No: DOC/20/255073

It is recorded that Mr Michael Steell, Mr James Parsons & Ms Shelley Booth, Mr Chris Willcocks, Mrs Jan Bates, Mr Michael Truelove, and Mr Daniel Fox each submitted a written statement in relation to this item.


That Council:

1. refuses to remove the River Red Gum (Eucalyptus camaldulensis) from 7 Haynes Street, Highett from Council’s Significant Tree Register;

2. refuses to issue a Local Law permit to remove the River Red Gum (Eucalyptus camaldulensis) from 7 Haynes Street, Highett; and

3. writes to the applicant and the tree owner informing them of Council’s decision.

CARRIED


Page No. 37

10.10 APPLICATION FOR RATING UNDER THE CULTURAL AND RECREATIONAL LANDS ACT 1963

Corporate Services - Finance File No: PSF/20/11 – Doc No: DOC/20/266438

Moved: Cr Castelli Seconded: Cr del Porto

1. That Council declares, for the purposes of rating in Financial Year 2019/20 and 2020/21, that the Middle Brighton Tennis Club located at 30A Willansby Avenue, Brighton, be subject to rates under the Cultural and Recreational Lands Act 1963.

2 That in accordance with the Cultural and Recreational Lands Act 1963, the amounts payable as rates be the amounts set out below (which exclude the Municipal Charge) in respect of the 2019/20 and 2020/21 Financial Years for this property:

- 2019/20 $4,202.84

- 2020/21 $4,364.24.



Page No. 38

10.11 2020 BAYSIDE CHRISTMAS CAROLS IN THE PARK

Environment, Recreation & Infrastructure - Open Space, Recreation & Well Being File No: PSF/20/18 – Doc No: DOC/20/249977

It is recorded that Ms Jen Bishop submitted a written statement in relation to this item.

Moved: Cr Heffernan Seconded: Cr del Porto

That Council:

1. confirms that due to the impacts of Covid-19 the 2020 Bayside Christmas Carols in the Park will not take place; and

2. reallocates the funds from the 2020 Christmas Carols in the Park to the following budgets:

a. $100,000 to the Community Event Fund to provide a total budget of $255,000 for Council to deliver multiple community-based events as Covid-19 restrictions allow and before 30 June 2021; and

b. $88,078 to be utilised towards shopping centre and trader support via the Shopping Centre Celebration and Events Fund and to cover costs associated with urban design and activation initiatives including, and without this list being exhaustive, footpath trading concessions, safety bollard constructions outside food and drink shops, and social media and website development for shopping centre trader associations in Bayside.

CARRIED


Page No. 39

10.12 BAYSIDE TOURISM NETWORK MEMBERSHIP 2020 - 2022

City Planning & Amenity - Urban Strategy File No: PSF/20/17 – Doc No: DOC/20/223210


That Council:

1. extends the membership of the following members of the Bayside Tourism Network for twelve months (until 21 September 2021):

Ms Jess Derham

Mr Kel Costello

Dr Susan Carden

Ms Tess McLachlan

Ms Karen Wilson

Ms Christy Oelofsen

Ms Tara Stewart;

2. endorses the revised Terms of Reference that discontinues the staggered membership and have all fifteen membership expire in September 2021; and

3. undertakes an expression of interest for two-year terms for fifteen new members in July 2021, if circumstances permit.



Page No. 40

10.13 PROPOSED DISCONTINUANCE OF NON-CONSTRUCTED ROAD WITHIN SANDRINGHAM GOLF COURSE, 152 TULIP STREET, CHELTENHAM

Corporate Services - Commercial Services File No: PSF/20/7 – Doc No: DOC/20/263635


That Council:

1. commences the statutory procedures in accordance with the Local Government Act 1989 (Act), for the discontinuance of the unconstructed Road within the Sandringham Golf Course, being the whole of the area shown as Lot 1 in Attachment 2 (subject to formal survey) and to vest the Road and obtain title to the Road in Council’s name;

2. gives Public Notice of the proposal in the appropriate newspapers and on Council’s website under sections 82A, 207A and 223 of the Act that the land from the Road be discontinued and retained by Council;

3. in the event a submission is received, convenes a Special Committee of Council meeting on 19 October 2020 at 5:00pm, to be held at the Council Chambers, Boxshall Street, Brighton, or held remotely via electronic media, to hear any submitters that wish to be heard; and

4. following the consideration of any submissions, receives a further report at an Ordinary Meeting of Council.



Page No. 41

10.14 ANNUAL FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2020

Corporate Services - Finance File No: PSF/20/11 – Doc No: DOC/20/259525

It is recorded that Mr George Reynolds each submitted a written statement in relation to this item.

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

That Council:

1 receives and notes the Financial Report for the financial year ended 30 June 2020;

2 authorises the Manager Finance to make immaterial adjustments to the Financial Statements if requested by the Victorian Auditor General’s office. If material adjustments are requested, the Manager Finance is authorised to make such adjustments and advise Council and the Audit Committee of the effect of these adjustments; and

3 gives ‘in principle’ approval of the Financial Report for the financial year ended 30 June 2020, and authorises Councillors Rob Grinter and Sonia Castelli, members of the Audit and Risk Management Committee, to certify the statements on behalf of Council and submit these to the Minister for Local Government.

CARRIED


Page No. 42

10.15 PERFORMANCE STATEMENT FOR YEAR ENDING 30 JUNE 2020



That Council:

1. adopts the Performance Statement for the financial year ending 30 June 2020 in principle; and

2. authorises Cr Grinter and Cr Castelli as Audit and Risk Management Committee members to sign the Performance Statement in conjunction with the Chief Executive Officer and Manager Finance.



Page No. 43

10.16 CONTRACT CON/20/75 ELSTERNWICK PARK OVAL 4 OVAL RECONSTRUCTION

Environment, Recreation & Infrastructure - City Assets & Projects File No: PSF/20/6 – Doc No: DOC/20/211170

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

That Council:

1. awards Contract CON/20/75 Elsternwick Park Oval 4 Oval Reconstruction to McMahons Pty Ltd (ABN 27 077 932 444) for the lump sum price of $1,006,803.59 (excl. GST), $1,107,483.95 (incl GST);

2. authorises the Chief Executive Officer to sign all necessary documentation related to Contract CON/20/75 at Elsternwick Park Oval 4 Oval Reconstruction; and

3. advises the unsuccessful tenderers accordingly.

CARRIED


Page No. 44

10.17 CONTRACT CON/20/25 SUPPLY OF DELIVERED MEALS

Community and Customer Experience - Community Services File No: PSF/20/9 – Doc No: DOC/20/249344

Moved: Cr Evans Seconded: Cr Heffernan

That Council:

1. awards Contract CON/20/25 Supply of Delivered Meals to Choice Fresh Meals Pty Ltd (ABN 28 792 550 753) from 1 November 2020 until 30 June 2022 in accordance with the Schedule of Rates submitted;

2. authorises the Chief Executive Officer to sign all necessary documentation related to Contract CON/20/25 Supply of Delivered Meals;

3. authorises the Chief Executive Officer to exercise the contract extension option/s of either 1 x 2 years or 2 x1 year, subject to satisfactory performance; and

4. advises the unsuccessful tenderers accordingly.

CARRIED


Page No. 45

10.18 COUNCIL ACTION AWAITING REPORT



That Council notes the Council Action Awaiting Report.



Page No. 46

11. Reports by Delegates

1. Association of Bayside Municipalities – Cr Laurence Evans indicated that there was no report.

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

3. Metropolitan Transport Forum – The Director Environment, Recreation & Infrastructure advised that Council’s Acting Transport Planning Coordinator attended a meeting held on 2 September. The Forum received a number of presentation, in particular an update on the impact COVID-19 and road to recovery.

4. Municipal Association of Victoria – Cr Alex del Porto advised the meeting that he attended the MAV State Forum with the Mayor on Friday 4 September, which provided a detailed summary of the impacts of COVID-19 on the sector and some of the great initiatives implemented as a result of the pandemic.

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

6. Metropolitan Local Government Waste Forum – The Mayor, Cr Clarke Martin advised that at the last meeting the Forum received a presentation on the update on the container deposit scheme.

Moved: Cr Grinter Seconded: Cr Evans

That the Reports by Delegates be received and noted.

CARRIED


Page No. 47

12. Urgent Business

Procedural Motion Moved Cr del Porto Seconded Cr Grinter That a matter relating to opportunities to expand outdoor dining be considered as a matter of urgent business.

CARRIED

Procedural Motion Moved Cr del Porto Seconded Cr Evans That the meeting be adjourned for 10 minutes.

CARRIED It is recorded that the meeting was adjourned at 9:05pm. Procedural Motion Moved Cr Grinter Seconded Cr del Porto That the meeting be resumed.

CARRIED It is recorded that the meeting was resumed at 9:15pm. It is recorded that Cr Long returned to the meeting at 9:15pm.

12.1 OPPORTUNITIES TO EXPAND OUTDOOR DINING


That Council:

1. immediately identifies opportunities to support the expansion of outdoor dining including the use of footpaths, car parks and other Council-owned land in recognition of the impacts of Covid-19 on the hospitality sector; and

2. implements those changes identified when the Covid-19 restrictions allow.

CARRIED


Page No. 48

13. Notices of Motion

13.1 NOTICE OF MOTION - 302 - ELSTERNWICK PARK NATURE RESERVE - PROPOSED GATEWAY BUILDING



That when the funding for the proposed gateway building at the Elsternwick Park Nature Reserve is confirmed, Council undertake a restricted design competition to ensure that the building delivers design excellence in this important location.



AGAINST: Nil (0)

CARRIED


Page No. 49

Procedural Motion


That the Deputy Mayor, Cr Grinter take the Chair for the consideration of Items 13.2 and 13.3 so as the Mayor, Cr Martin may be given the opportunity to move his Notices of Motion.

CARRIED

It is recorded that the Deputy Mayor, Cr Grinter took the chair for the consideration of Items 13.2 & 13.3.

13.2 NOTICE OF MOTION - 303 - ESTABLISHMENT OF AN ACCESS AND INCLUSION ADVISORY COMMITTEE


Moved: Cr Martin (Mayor) Seconded: Cr Evans

That Council officers investigate the establishment of an Access and Inclusion Advisory Committee to support Council in making Bayside a more accessible and inclusive community. A report on the establishment of the committee will be presented to Council at the October Council Meeting.



AGAINST: Nil (0)

CARRIED


Page No. 50

13.3 NOTICE OF MOTION - 304 - BAYSIDE'S NATIVE VEGETATION WORKS PROGRAM


Moved: Cr Martin (Mayor) Seconded: Cr Evans

Noting that the impact of COVID-19 on local employment can be expected to continue

through 2021 and beyond, and noting the constant pressure of exotic weed invasion on

Bayside native vegetation, Council receives a report at the December Council meeting to

determine any opportunities to increase resources to the Bayside Native Vegetation Works

Program with a specific focus on providing employment and training opportunities for young

people in our community and establishing partnerships with local conservation groups to

harness volunteers.

CARRIED

Procedural Motion

Moved Cr del Porto Seconded Cr Evans

That the Mayor, Cr Martin resume the chair for the remainder of the meeting.

CARRIED

It is recorded that the Mayor, Cr Martin resumed the Chair for the remainder of the meeting.


Page No. 51

14. Confidential Business

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

That in accordance with Section 66(2)(a) of the Local Government Act 2020 (the Act), and pursuant to Section 3(1) of the Act (confidential information), Council resolves that so much of this meeting be closed to members of the public as it contains:

(c) land use planning information, being information that if prematurely released is likely to encourage speculation in land values; and

(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.

CARRIED

Table of Contents

14.1 FINANCIAL SUPPORT FOR COUNCIL TENANT

(Local Government Act 2020) Section 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.

14.2 FLOODING AGREEMENT FOR 48 HALDANE STREET, BEAUMARIS

(Local Government Act 2020) Section 3 Definitions (1) In this Act—

confidential information means the following information—

(c) land use planning information, being information that if prematurely released is likely to encourage speculation in land values

It is recorded that the live-streaming was ended to enable Council to consider the above listed items in Confidential Business. Following consideration of Confidential Business the Chairperson declared the meeting closed at 9:55pm.

minutes of ordinary council meeting - 15 00 2020...cr laurence evans oam cr rob grinter (deputy...

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