minutes of ordinary council meeting - 24 00 2020 · bayside city council ordinary council meeting -...

Ordinary

Meeting of

Council

Council Chambers

Civic Centre

Boxshall Street Brighton

Tuesday 24 March 2020 at 7pm

Minutes

Bayside City Council Ordinary Council Meeting - 24 March 2020

Page No. 2

PRESENT:

Chairperson: Councillors:

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

Officers: Mick Cummins – Chief Executive Officer

Jill Colson – Director Corporate Services Bryce Craggs – Director Community and Customer Experience Matthew Cripps – A/Director City Planning and Amenity Hamish Reid – A/Director Environment, Recreation and Infrastructure Juliana Aya – Manager Urban Strategy Terry Callant – Manager Governance and Corporate Reporting Jason Stubbs – Manager Commercial Services Damien Van Trier – Manager Open Space, Recreation and Wellbeing Robert Lamb – Governance Officer


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

10.1 Business Continuity Planning for Council and Committee Meetings .................................................................................................... 8

5. Adoption and Confirmation of the minutes of previous meeting

6. Public Question Time

7. Petitions to Council

There were no petitions submitted to the meeting.

8. Minutes of Advisory Committees

8.1 Assembly of Councillors Record ................................................ 16

8.2 Minutes of the Audit & Risk Management Committee meeting held on 17 February 2020 ................................................................. 17

9. Reports by Special Committees

9.1 Minutes of the Bayside Arts Board meeting held on 12 February 2020 .......................................................................................... 18

9.2 Minutes of the Special Committee of Council held on 25 February 2020 to Hear Submissions in relation to the Proposed discontinuance and sale of road at rear of 38-40 Murphy Street and 51-53 Brickwood Street, Brighton Corporate Services - Governance ............................................................................... 19

9.3 Minutes of the Special Committee of Council held on 26 February 2020 to Hear Submissions in relation to the Proposal to enter into a lease of the Ricketts Point Teahouse (407C Beach Road, Beaumaris) ................................................................................ 20

9.4 Minutes of the Special Committee of Council held on 4 March 2020 to Hear Submissions in relation to the Proposal to lease part of Sandringham Family Leisure Centre (150 Tulip Street, Cheltenham) .............................................................................. 21

10. Reports by the Organisation

10.2 Elsternwick Park Nature Reserve Masterplan ........................... 24


Page No. 4

10.3 Undergrounding of Powerlines - Costs, Benefits and Potential approach for powerline relocation ............................................. 25

10.4 Mandatory Height Controls for the Hampton East Activity Centre ....................................................................................... 25

10.5 Sandringham Streetscape Masterplan - Response to community engagement .............................................................................. 26

10.6 Planning Scheme Amendment C174bays - Heritage Overlay at 38 Grosvenor Street, Brighton ........................................................ 27

10.7 Development of an Affordable Housing Policy for Bayside ....... 28

10.8 Response to Petition - To Install a Pedestrian Crossing on Well Street, Between St Andrews Street and Carpenter Street Brighton .................................................................................................. 29

10.9 Response To Notice of Motion - 288 - Foreshore Lighting ........ 30

10.10 Marine Education, Science and Community Centre (MESAC) Feasibility Study - Project Update ............................................. 31

10.11 Cheltenham Football Netball Club Loan Guarantee .................. 32

10.12 Removal of Committee of Management for Higinbotham Hall ... 33

10.13 Proposal to enter into a new lease for the Sandringham Golf Course ....................................................................................... 34

10.14 Proposal to enter into a 20 year lease over the Mini Golf facility at 20 Wangara Road Sandringham ............................................... 35

10.15 Proposed Sale of Drainage Reserve Land at rear of 15 Berwick Street, Brighton ......................................................................... 36

10.16 Proposed Discontinuance and Sale of Land at rear of 38 & 40 Murphy Street, Brighton ............................................................ 37

10.17 Proposal to redevelop and enter into a 21 year lease at Ricketts Point Tea House, Beaumaris ..................................................... 38

10.18 Proposal to enter into a 5 year lease over part of the Sandringham Family Leisure Centre ............................................................... 39

10.19 2020 Australian Local Governance Association (ALGA) National General Assembly of Local Government ................................... 40

10.20 Rescheduling of the June 2020 Ordinary Meeting of Council .... 41

10.21 Municipal Association of Victoria - State Council Meeting - Call for Motions ...................................................................................... 42

10.22 CONTRACT 19/120 - Personal Computer Fleet Replacement.. 43

10.23 Council Action Awaiting Report ................................................. 44

11. Reports by Delegates

12. Urgent Business

12.1 Small Business Economic Support Response........................... 46


Page No. 5

13. Notices of Motion

13.1 Notice of Motion - 293 - Cheltenham Recreation Reserve Netball Court ......................................................................................... 47

14. Confidential Business

14.1 Sandringham Golf Links Management - Leasing matter ........... 48


Page No. 6

The Mayor declared the meeting open at 7pm and advised that the Council meeting is being recorded and streamed live on the internet for the accessibility of the Bayside Community.

The Mayor gave an update on the continuity of Council services and scheduled events as a result of the COVID-19/Coronavirus outbreak, noting that Council’s website is the best source of current information regarding Council services and scheduled events. The Mayor invited Cr Heffernan to read the prayer.

1. Prayer

Cr Heffernan 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

The Mayor called for one minute’s silence to acknowledge the recent passing of two former Mayors of the former City of Sandringham: Mr Graeme Evans, Councillor from 1972-1981 and Mayor in 1975/76; and

Mr Bill Adams, Councillor from 1961-1974 and Mayor in 1966/67, and again in 1969/70.

2. Acknowledgement of Original Inhabitants

The Mayor invited Cr Long 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. 7

Procedural Motion

Moved: Cr Grinter Seconded: Cr Evans

That the March Ordinary Meeting of Council be closed to members of the public attending the meeting in the gallery, in accordance with Section 66(1)(c) of the Local Government Act 1989, given the necessity for the meeting to proceed in an orderly manner whilst maintaining social distancing and limiting mass indoor gatherings, noting that the meeting is being viewed by the public via live streaming on the internet, and public participation as part of the Governance Local Law is still occurring through this process.

CARRIED

Procedural Motion

Moved: Cr del Porto Seconded: Cr Evans

That Item 10.1 be brought forward and dealt with at this stage of the meeting.

CARRIED


Page No. 8

10.1 BUSINESS CONTINUITY PLANNING FOR COUNCIL AND COMMITTEE MEETINGS

Corporate Services - Governance File No: PSF/20/12 – Doc No: DOC/20/69825


That given recent advice concerning the State Government’s Pandemic Plan for the Victorian Health Sector has been upgraded to Stage 2, Council implements the following changes to the meeting procedures to continue public participation at meetings whilst maintaining public health and social distancing during a period of pandemic:

Section 64 - Public Question Time

Proposed Procedure

Questions must be received by 11:00am on the day prior to the meeting.

Up to 15 minutes will be set aside for Public Question Time at the meeting.

All questions received and responses will be read out at the meeting.

All questions and responses will be recorded in the minutes.

Section 66 - Individual Presentations

Proposed Procedure

A written submission must be delivered or sent electronically to member of Council staff by 11:00am on the day of the meeting.

Submissions received after 11:00am on the day of the meeting will not be considered by the meeting.

A person may only present 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.

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

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

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

CARRIED


Page No. 9

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 February 2020.

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

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

CARRIED


Page No. 10

6. Public Question Time

In accordance with Section 64 of Council’s Governance Local Law No 1, 11 public questions were submitted to the Meeting. In accordance with the motion brought forward and carried at Item 10.1, temporary meeting procedures with regard to public question time have been implemented:

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. Mrs Marian Woolf

Mrs Marian Woolf submitted a question relating to remediation works in East Brighton, and she asked:

What immediate financial support – in the form of rates and footpath fee waivers and reductions – is available to the businesses of East Brighton Village in light of the lengthy and severe disruption to business caused by the still incomplete Council remediation works which started back in August 2019?

Response from the CEO

Council has a policy that guides the footpath trading fee reductions that should be considered when there is business disruption from Council works and this policy is being applied to the relevant businesses in East Brighton Village.

2. Mr Michael Howard

Mr Michael Howard submitted a number of questions relating to Planning Scheme Amendment C174 which concerns heritage controls at 38 Grosvenor Street, Brighton. Under Section 64 (5) of Council’s Governance Local Law No 1, no person may submit more than 2 questions to the meeting, though each question may contain 2 parts. As such, only the first 2 questions were responded to. Mr Howard’s first question is:

a) Does the council’s think that it is just and fair to change a decision that was made from thorough assessment undertaken in 2004? I understand that assessment confirmed the house was not worthy of protection. I am aware the owners relied upon this when purchasing the property.

b) I am also aware that a further assessment of inter-war houses was undertaken in 2008 and 38 Grosvenor street was not included. What has changed since 2004 and 2008 to now, certainly not the house apart from falling into further disrepair?!


Page No. 11


a) The house at 38 Grosvenor Street, Brighton was previously identified for its inclusion within the Normanby & Grosvenor Estate Precinct in the City of Brighton Urban Character and Conservation Study 1986, the 1999 Bayside Heritage Review, and the revised Grosvenor Estate Precinct in the Bayside Heritage Review (Revision 1) in 2003. However, the Independent Panel recommended that as the property was not Victorian or Edwardian, it should not be included in the Heritage Precinct.

Following an individual assessment of the house in August 2019, Council identified the individual local aesthetic and historic significance of the place, independent to the precinct controls.

b) The City of Bayside Inter-War and Post-War Heritage Study was completed in 2008. The study heavily focused on Mid-Century Modern properties; however, there are other properties identified within the study outside of this era, and it is not clear based on current information available why 38 Grosvenor Street, Brighton was not included in the Study.

3. Mr Michael Howard

Mr Howard’s second question in relation to heritage controls at 38 Grosvenor Street, Brighton is:

a) Why was 38 Grosvenor St not included in the mail out when Baysde Council wrote to over 6,500 Bayside residents in late 2018 asking them to self nominate their homes for Heritage?

b) What assurances do Bayside residents have that they can rely on their own decision to not self nominate given the example Council is creating here?


a) Council undertook a mail-out in 2018 to invite property owners of mid-century modern homes in Beaumaris and Black Rock to participate in a voluntary nomination process.

As 38 Grosvenor Street, Brighton, is not a mid-century modern style and is not in Beaumaris or Black Rock, the property was not eligible for the voluntary nomination process.

b) Council has a statutory obligation under the Planning and Environment Act 1987 to conserve and enhance those buildings, areas or other places which are of scientific, aesthetic, architectural or historical interest, or otherwise of special cultural value. As properties are identified as having heritage significance, Council has obligations to consider and act in accordance with its legislated responsibilities.


Page No. 12

4. Mr Richard McDermott

Mr Richard McDermott submitted a number of questions (and statements) relating to 38 Grosvenor Street, Brighton. Only the first 2 questions were responded to. Mr McDermott’s first question is:

a) So this family should have the right to build. Or please explain to me who is liable for the depreciation in the value of the land ?

b) You can’t just change the rules can you?


a) Property values generally cannot be considered in planning matters.

Property prices are affected both positively and negatively by different factors – market conditions, seasonal fluctuations, location, size, amenity, the state of neighbouring properties, building use, rental return, economic conditions, quality of buildings, etc. It is therefore difficult to isolate the specific effects of a heritage listing.

b) Council has a statutory obligation under the Planning and Environment Act 1987 to conserve and enhance those buildings, areas or other places which are of scientific, aesthetic, architectural or historical interest, or otherwise of special cultural value. As properties are identified as having heritage significance, Council has obligations to consider and act in accordance with its legislated responsibilities.

This process is an open and transparent process which provides all parties opportunities to present their views to Council, and an independent panel (where one is held) which are all taken into consideration ultimately by the Minister for Planning.

5. Mr Richard McDermott

Mr McDermott’s second in relation to 38 Grosvenor Street, Brighton is:

a) Does this make you responsible?

b) Will the rate payers have to pay for your bad decisions?


a) Council is responsible as a planning authority to ensure those properties identified for having significance are protected and conserved. This is consistent with the objectives of planning in Victoria, specifically:

Section 4 (1) d. to conserve and enhance those buildings, areas or other places which are of scientific, aesthetic, architectural or historical interest, or otherwise of special cultural value.

b) Council has budget allocated to the planning scheme amendment processes to include 38 Grosvenor Street, Brighton in the Heritage Overlay. The land owner is responsible for costs associated with maintaining the property.


Page No. 13

6. Mr George Reynolds

Mr Reynolds submitted a question relating to Wangara Road Golf Driving Range, and he asked:

a) How much lease rent and right of use contribution did the Wangara road golf driving range, restaurant and mini golf course contribute to Council's Own Source Revenue during the 2018/19 financial year?

b) How much rent and right of use asset contribution is budgeted as a contribution by the continued commercial use of the property during the current 2019/20?


a) The Lease Rental for 2018/19 financial year was of $149,507.28 (GST inc.)

b) The budget for 2019/20 for the Wangara Road site is $38.288.46 (GST inc.)


Mr Reynolds submitted a further question relating to Wangara Road Golf Driving Range, and he asked:

a) When Council spent about $1.5million compensating the head tenant of the Wangara Road golf driving range for the undepreciated part of the right of use asset, on or about 1st October 2019, what benefit did this transaction purchase?

b) What was the nature of the official valuation relied upon to support the transaction?


a) As advised previously, Council will provide information related to speculation of any commercial in-confidence matters related to the Wangara Road Golf Driving Range.

b) As advised previously, Council will not provide information related to speculation of commercial in-confidence matters related to the Wangara Road Golf Driving Range.


Page No. 14

8. Mr David Fonda

Mr David Fonda submitted a question relating to social distancing measures for Elsternwick Park South, and he asked:

In light of the serious and unprecedented developments across our communities with Covid 19 virus there has been a significant increase in Elsternwick Park South (EPS) patronage over past days which is expected to increase further as a result of the latest governments restrictions just announced. As such , we ask BCC.

a) Will you ensure ensure timely, ample and adequate signage is placed on and around both Lakeside Green and Oval 4 reminding the community of required "social distancing"?

b) Will you undertake to postpone all work on oval 4 immediately to allow for the required "social distancing" across the entire EPS until the full effects of the virus are able to be reassessed to ensure oval 4 is fully accessible to the community at large, be they dog owners, parents with children home from school, and others no longer able to attend work?


a) The Government advice and restrictions are evolving rapidly and are being well communicated to the community through the media and other channels. As a result, significant signage across open space areas is not currently required and it would quickly become out of date and provide inaccurate information.

b) The works to design and construct a pavilion, sportsground and lighting at Elsternwick Park Oval 4 do not impact on an individual’s ability to socially distance and all works will proceed as planned.

9. Mr David Fonda

Mr Fonda submitted a further question, relating to submissions for a new playground at the northern end of Elsternwick Park South, and he asked:

Some months ago Council called for submissions regarding a new playground on the northern end of Elsternwick Park South. We note that the plans for the Nature Reserve in Elsternwick Park North did not in its brief address this adjacent playground structure in Elsternwick Park South. Given the close proximity of the two areas, and notwithstanding submissions have closed, we ask Council if they might revisit the playground design to try to make it more integrated in concept and access to the Nature Reserve.


The playground in the northern section of Elsternwick Park South and the Elsternwick Park Nature Reserve are not directly related and therefore there is not a need to revisit the playground design.


Page No. 15

10. Mr Kevin Spencer

Mr Kevin Spencer submitted a question relating to recent heritage assessments, and he asked:

a) What has been the total cost to the ratepayers of the City of Bayside so far with Councils argument on heritage issues with these properties?

b) Are the owners in any way contributing to these costs?


a) It is not possible to prepare this information within the timeframe prior to the Council meeting. Council will provide this information separately to Mr Spencer.

b) Council is responsible as a planning authority to ensure those properties identified for having significance are protected and conserved.

Council can accommodate the planning scheme amendment costs within its operational budget. The land owner is responsible for costs associated with maintaining the property.

11. Mr Kevin Spencer

Mr Spencer submitted a further question, relating to Council’s purchase of a 3D Modelling Tool, and he asked:

a) What has been the costs so far in implementing this 3D Modelling tool?

b) Will Council implement a charge equivalent to Councils costs for all modelling carried out by council on all applications that require a 3D Model of the proposed works.


a) The development of a 3D model for the entire municipality is currently budgeted to cost up to $75,000.

b) Council does not intend to prepare 3D models on behalf of private land owners or developers, as the models that they prepare are expected to be uploaded directly into Council’s model.


Page No. 16

7. Petitions to Council

There were no petitions submitted to the meeting.

8. Minutes of Advisory Committees

8.1 ASSEMBLY OF COUNCILLORS RECORD


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

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

25 February 2020 Strategic Issues Discussion

26 February 2020 Strategic Issues Discussion

3 March 2020 CEO and Councillor only Briefing

3 March 2020 Councillor Briefing

4 March 2020 Budget Briefing

11 March 2020 Budget Briefing.

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


Page No. 17

8.2 MINUTES OF THE AUDIT & RISK MANAGEMENT COMMITTEE MEETING HELD ON 17 FEBRUARY 2020


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

That the Audit and Risk Management Committee recommends to Council that:

1. Council notes the minutes of the Audit & Risk Management Committee meeting held on 17 February 2020.

2. Adopts the following recommendations of the Audit & Risk Management Committee:

Item 9.1.1. – Strategic Risk Half Year Review Feb 2020

1. That the Audit and Risk Management Committee notes the six monthly review of the Strategic Risks and the associated actions; and

2. For the purposes of Section 12, Schedule 1 of the Local Government (Planning and Reporting) Regulations, the Audit and Risk Management Committee noted the review of the 11 Strategic Risks as outlined below, and recommends to Council that the review of the Strategic Risks be noted.

Risk No

Name Inherent Risk Rating

Residual Risk Rating

001 Failure to plan for changing community needs for services

Medium Medium

002 Failure to align asset requirements with changing community needs for services

Medium Medium

003 Inadequate integrity, dependability and security of IT infrastructure

High High

004 Failure to properly align people, capability and workforce with current and future needs.

Low Low

005 Failure to advocate for, or respond to, legislative and or regulatory change which impacts Council

Medium Medium

006 Failure to manage contracts for service delivery

Medium Medium

007 Failure to provide a safe environment for staff, contractors and community

High High

008 Failure to effectively detect and prevent fraud and corruption

High High

009 Failure to understand and respond to the impact of a changing climate and extreme weather events

Medium Medium

0010 Inability to adapt and respond to the impact of recycling and waste services challenges

Medium Medium

0011 Failure to effectively deliver major project portfolio

Medium Medium



Page No. 18

9. Reports by Special Committees

9.1 MINUTES OF THE BAYSIDE ARTS BOARD MEETING HELD ON 12 FEBRUARY 2020



That Council:

1. Notes the minutes of the Bayside Arts Board meeting held on 12 February 2020.

2. Adopts the following recommendations of the Bayside Arts Board meeting of 12 February 2020:

6.1 Summary of Business Brought Forward

That the Bayside Arts Board recommends to Council that based on the advice received from Department of Environment, Land, Water and Planning, Council writes to Michael Cartwright and gratefully declines the proposed donation of ‘Reclining Bird’ for Black Rock foreshore.

6.4 Sir Alan Walsh Memorial Proposed Location

That the Bayside Arts Board recommends to Council to support the memorial of Sir Alan Walsh proposal and offers support to assist the Working Group to obtain funding opportunities for the memorial to progress and the location of the memorial to be determined once funding of the project has been obtained.



Page No. 19

9.2 MINUTES OF THE SPECIAL COMMITTEE OF COUNCIL HELD ON 25 FEBRUARY 2020 TO HEAR SUBMISSIONS IN RELATION TO THE PROPOSED DISCONTINUANCE AND SALE OF ROAD AT REAR OF 38-40 MURPHY STREET AND 51-53 BRICKWOOD STREET, BRIGHTON CORPORATE SERVICES - GOVERNANCE

File No: PSF/20/12 – Doc No: DOC/20/69044


That Council notes the Minutes of the Special Committee of Council held on 25 February 2020 to hear submissions in relation to the Proposed discontinuance and sale of road at rear of 38-40 Murphy Street and 51-53 Brickwood Street, Brighton.



Page No. 20

9.3 MINUTES OF THE SPECIAL COMMITTEE OF COUNCIL HELD ON 26 FEBRUARY 2020 TO HEAR SUBMISSIONS IN RELATION TO THE PROPOSAL TO ENTER INTO A LEASE OF THE RICKETTS POINT TEAHOUSE (407C BEACH ROAD, BEAUMARIS)



That Council notes the Minutes of the Special Committee of Council held on 26 February 2020 to hear submissions in relation to the Proposal to enter into a lease of the Ricketts Point Teahouse (407C Beach Road, Beaumaris).



Page No. 21

9.4 MINUTES OF THE SPECIAL COMMITTEE OF COUNCIL HELD ON 4 MARCH 2020 TO HEAR SUBMISSIONS IN RELATION TO THE PROPOSAL TO LEASE PART OF SANDRINGHAM FAMILY LEISURE CENTRE (150 TULIP STREET, CHELTENHAM)



That Council notes the Minutes of the Special Committee of Council held on 4 March 2020 to hear submissions in relation to the Proposal to lease part of Sandringham Family Leisure Centre (150 Tulip Street, Cheltenham).



Page No. 22

10. Reports by the Organisation

REQUESTS TO BE HEARD (SUBMISSIONS): In accordance with the motion brought forward and carried at Item 10.1, temporary meeting procedures with regard to requests to be heard have been implemented:

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

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

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

The following individuals made submissions to the meeting: Item 10.2 Elsternwick Park Nature Reserve Masterplan

1. Ms Gina Fiske

2. Mr Michael Norris

3. Joint submission by various groups:

Elsternwick Park Association

Port Phillip EcoCentre

Birdlife Bayside

Port Phillip Alliance for Sustainability

Wilderness Society Bayside

Tangora Blue Foundation

Bayside Friends of Native Wildlife

4. Ms Amanda Levi

5. Mr David Fonda

Item 10.3 Undergrounding of Powerlines – Costs, Benefits and Potential approach

to powerline relocation

1. Mr Michael Russell

2. Mr Ken Beadle

3. Mr Chris Sutton

Item 10.5 Sandringham Streetscape Master – Response to community

engagement

1. Mr Ray Purcell


Page No. 23

Item 10.6 Planning Scheme Amendment C174bays – Heritage Overlay at 38

Grosvenor Street Brighton

1. Ms Fiona Austin

2. Ms Effie Laveglia

3. Mrs Jennie Armstrong

4. Miss Irene Strogylakis

5. Mr Frank Pothitos

6. Ms Jill Grace

7. Mrs Caroline Shepard

8. Ms Helen Lardner

9. Mr Peter Shepard

Item 10.9 Response to Notice of Motion 288 – Foreshore Lighting

1. Mr Michael Norris

Item 10.13 Proposal to enter into a new lease of Sandringham Golf Course



Page No. 24

It is recorded that Item - 10.1. Business Continuity Planning for Council and Committee Meetings - was dealt with earlier in the meeting.

10.2 ELSTERNWICK PARK NATURE RESERVE MASTERPLAN

Environment, Recreation & Infrastructure - Open Space, Recreation and Wellbeing File No: PSF/19/11 – Doc No: DOC/19/340086

It is recorded that Ms Gina Fiske, Mr Michael Norris, Joint submission by various groups: (Elsternwick Park Association, Port Phillip EcoCentre, Birdlife Bayside, Port Phillip Alliance for Sustainability, Wilderness Society Bayside, Tangora Blue Foundation and Bayside Friends of Native Wildlife), Ms Amanda Levi and Mr David Fonda each made a submission in relation to this item.

Moved: Cr Evans Seconded: Cr Heffernan

That Council:

1. Adopts the Elsternwick Park Nature Reserve Masterplan 2020 as shown in Attachment 1.

2. Authorises the Chief Executive Officer to commence negotiations with the City of Port Phillip to finalise a funding agreement between the two parties.

3. Receives a report at a future Ordinary Meeting of Council regarding the progress of the funding agreement with the City of Port Phillip.

4. Approves the commencement of works associated with the design and construction of the chain of ponds as detailed in the Nature Reserve Project Plan 2020 as shown in Attachment 2.

5. Continues to engage with the Community Reference Panel during the detailed design stage of the chain of ponds.

6. Presents a report to the 18 August 2020 Ordinary Meeting of Council on the potential future management model for Elsternwick Park Nature Reserve.

7. Commences community consultation on elements of the Elsternwick Park Nature Reserve Masterplan as shown in the Nature Reserve Project Plan 2020 as shown in Attachment 2.

8. Writes to members of the Community Reference Panel to thank them for their contribution towards the development of the Elsternwick Park Nature Reserve Masterplan.

CARRIED


Page No. 25

10.3 UNDERGROUNDING OF POWERLINES - COSTS, BENEFITS AND POTENTIAL APPROACH FOR POWERLINE RELOCATION

City Planning & Amenity - Development Services File No: PSF/20/10 – Doc No: DOC/20/64406

It is recorded that Mr Michael Russell, Mr Ken Beadle and Mr Chris Sutton each made a

submission in relation to this item.

Moved: Cr del Porto Seconded: Cr Heffernan

That Council

1. Note the indicative costs for residential and activity centre powerline undergrounding outlined in this report.

2. Seek Expressions of Interest/Nominations from the Community for locations to underground powerlines, that information will be provided about the indicative costs of undergrounding powerlines in the particular street nominated.

3. Based on Expressions of Interest/Nominations process, commence at least two underground powerline projects in 2020 where 75% of the residents in that street support the Special Rate and Charge scheme.

CARRIED

10.4 MANDATORY HEIGHT CONTROLS FOR THE HAMPTON EAST ACTIVITY CENTRE

City Planning & Amenity - Urban Strategy File No: PSF/20/17 – Doc No: DOC/20/63156

Moved: Cr Castelli Seconded: Cr Evans

That Council notes the status report of the Neighbourhood Character Review project.

CARRIED


Page No. 26

10.5 SANDRINGHAM STREETSCAPE MASTERPLAN - RESPONSE TO COMMUNITY ENGAGEMENT


It is recorded that Mr Ray Purcell made a submission in relation to this item.

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

That Council:

1. Endorse Option 2 as articulated within the report as the preferred design outcome for the Sandringham Village.

2. Inform the traders and the broader community of the outcomes of the community engagement.

3. Progress the detailed design and documentation of Option 2 in the 2021/22 financial year.

4. Continues to engage with traders and the community as part of the detailed design and documentation process.

5. Refer the funding for the construction of the project to the 2022/23 Council budget.

6. Develops a communications and staging plan in collaboration with the Sandringham Traders Association in preparation for construction.

7. Continues to work with the Sandringham Traders Association to explore opportunities for place activation through place making initiatives.

CARRIED


Page No. 27

10.6 PLANNING SCHEME AMENDMENT C174BAYS - HERITAGE OVERLAY AT 38 GROSVENOR STREET, BRIGHTON

City Planning & Amenity - File No: PSF/20/17 – Doc No: DOC/20/52941

It is recorded that Ms Fiona Austin, Ms Effie Laveglia, Mrs Jennie Armstrong, Miss Irene

Strogylakis, Mr Frank Pothitos, Ms Jill Grace, Mrs Caroline Shepard, Ms Helen Lardner

and Mr Peter Shepard each made a submission in relation to this item.

Moved: Cr del Porto Seconded: Cr Castelli

That Council abandon Amendment C174bays.

The Motion was PUT and a DIVISION was called: DIVISION: FOR: Crs Alex del Porto and Sonia Castelli (2)

AGAINST: Crs Laurence Evans, James Long, Michael Heffernan, Clarke Martin (Mayor) and Rob Grinter (Deputy Mayor) (5)

LOST

Moved: Cr Heffernan Seconded: Cr Evans

That Council:

1. Accepts any late submissions.

2. Requests the Minister for Planning to appoint an independent Planning Panel to consider submissions to Amendment C174bays.

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

10.7 DEVELOPMENT OF AN AFFORDABLE HOUSING POLICY FOR BAYSIDE



That Council notes the report on the progress in relation to the development of the draft Affordable Housing Policy.



Page No. 29

10.8 RESPONSE TO PETITION - TO INSTALL A PEDESTRIAN CROSSING ON WELL STREET, BETWEEN ST ANDREWS STREET AND CARPENTER STREET BRIGHTON

Environment, Recreation & Infrastructure - Sustainability & Transport File No: FOL/19/63 – Doc No: DOC/20/62790

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

That Council:

1. Does not seek to install a pedestrian crossing on Well Street between St Andrews Street and Carpenter Street at this time.

2. Undertakes further pedestrian and traffic surveys, noting the traffic survey to be undertaken on a Saturday in 9 months to reassess the need for a pedestrian crossing at that location.

CARRIED


Page No. 30

10.9 RESPONSE TO NOTICE OF MOTION - 288 - FORESHORE LIGHTING

Environment, Recreation & Infrastructure - Open Space, Recreation & Wellbeing File No: PSF/20/18 – Doc No: DOC/20/43885

It is recorded that Mr Michael Norris made a submission in relation to this item.


That Council consider the allocation of $50,000 as part of the preparation of the 2020/21

Council budget to undertake a complete audit of current Bayside foreshore lighting and

develop a foreshore lighting maintenance and renewal program.

CARRIED


Page No. 31

10.10 MARINE EDUCATION, SCIENCE AND COMMUNITY CENTRE (MESAC) FEASIBILITY STUDY - PROJECT UPDATE

Environment, Recreation & Infrastructure - Open Space, Recreation & Wellbeing File No: PSF/20/18 – Doc No: DOC/20/45178


That Council:

1. Discontinues the Feasibility Study and returns $15,000 in funding received from the Metropolitan Partnership Development Fund.

2. Continues to advocate to State and Federal governments for external funding for the MESAC Feasibility Study.

3. Writes to the MESAC Committee to advise it of these outcomes.



Page No. 32

10.11 CHELTENHAM FOOTBALL NETBALL CLUB LOAN GUARANTEE

Corporate Services - Finance File No: PSF/20/11 – Doc No: DOC/20/48043


That Council

1. Act as loan guarantor for the Cheltenham Football Club Inc. for $30,000 for a maximum of 5 years to complete the upgrade of its existing sportsground lighting from 100 lux halogen to more efficient 150 lux LED globes, upgrade the electrical power supply and install an electronic scoreboard at Cheltenham Recreation Reserve.

2. Authorises the necessary loan guarantee documentation to be signed and affixed with the Bayside City Council common seal.



Page No. 33

10.12 REMOVAL OF COMMITTEE OF MANAGEMENT FOR HIGINBOTHAM HALL

Corporate Services - Commercial Services File No: PSF/20/7 – Doc No: DOC/20/59880


That Council:

1. Provides the CEO, Mayor and a Councillor with the authority to execute a notice under the Libraries Act 1988 requesting the Minister for Local Government under Section 43(4) and under Section 43(6) to make the required declaration that the use as a library is no longer required.

2. If the Minister is satisfied and the process moves to Stage 2, commences the advertising of Council’s intention to complete Stage 2, whereby interested members of the public have 30 days to submit objections to the Minister.



Page No. 34

10.13 PROPOSAL TO ENTER INTO A NEW LEASE FOR THE SANDRINGHAM GOLF COURSE


It is recorded that Mr George Reynolds made a submission in relation to this item.

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

That Council:

1. Commences statutory procedures under Sections 190 and 223 of the Local Government Act 1989 to lease the whole of the Sandringham Golf Links facility located in Cheltenham Road, Cheltenham, to the current tenant on the below terms:

Commencement Date: Date of Council Resolution to lease the premises

Term: 5 years

Lease Type: Ground Lease

Options for Further terms: 5x5 year terms

Commencing Rent: $504,000 plus GST per annum

Non-Resident Green Fees: $2.50 additional fee for each non-resident

Rental Review: Market Review at the commencement of each term and reviewed Every other year annually by Consumer Price Index Melbourne All Groups (CPI)

Permitted Use: Permitted Use: The conduct of a Public Golf Course Golf-related activities, including (including but not limited to) physio, teaching, training, outdoor fitness programs Administration Café including catering Community Garden Pro Shop retailing

Hours of Operation: Hours of Operation: Golf Course - Sunrise to Sunset, Offices, Function Room - 7:00am – 12:00am (Midnight).

2. Directs that under Section 190 and 223 of the Local Government Act 1989, public notices of the proposals to lease the Sandringham Golf Links facility located in Cheltenham Road, will be given.

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

4. In the event a submission is received, convene a Section 223 Special Committee of Council meeting on Wednesday 6 May 2020 at 6:30pm at the Council Chambers, Boxshall Street Brighton, comprising of 3 Councillors with a minimum of 2 Councillors as a quorum, to hear any submitters that wish to be heard.

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

CARRIED


Page No. 35

10.14 PROPOSAL TO ENTER INTO A 20 YEAR LEASE OVER THE MINI GOLF FACILITY AT 20 WANGARA ROAD SANDRINGHAM



That Council authorise the Director Corporate Services to execute a new lease to Bruce Green Mini Golf Pty Ltd on the following key terms:

Proposed Use: For the primary purpose of providing mini golf services and for restaurant/café and other ancillary use

Commencement Date: 1 October 2019

Term: 10 years

Option for further term: 5 years + 5 years

Expiry Date: 30 September 2039

Proposed Rent: Market rent as assessed by Council’s Valuer

Proposed Rent Free Period: 1 October 2019 – 1 January 2027

Rental Escalation: CPI to be implemented annually on 1 January after 2027.



Page No. 36

10.15 PROPOSED SALE OF DRAINAGE RESERVE LAND AT REAR OF 15 BERWICK STREET, BRIGHTON



That Council:

1. In accordance with Section 189 of the Local Government Act 1989, resolve to sell the subject land highlighted in red in Attachment 2, to the adjoining owner of 15 Berwick Street, Brighton, for the amount of $105,000 plus GST.

2. Authorise the Director Corporate Services to undertake the necessary procedural steps to sell the subject land to the adjoining owner of 15 Berwick Street, Brighton by way of private treaty.

3. Retain all easements on title as required, in favour of the appropriate Authorities.

4. Direct a Public Notice be published in the Victorian Government Gazette.



Page No. 37

10.16 PROPOSED DISCONTINUANCE AND SALE OF LAND AT REAR OF 38 & 40 MURPHY STREET, BRIGHTON



That Council:

1. In accordance with Section 206 and Clause 3 of Schedule 10 of the Local

Government Act 1989 (Act), resolve to discontinue and sell the subject right of way

(road) adjoining the rear of 38 & 40 Murphy Street and 51 & 53 Brickwood Street,

Brighton, by way of private treaty, to the owners of 38 Murphy Street and 40

Murphy Street, Brighton, in equal share, for the amount of $62,000 plus GST for

each parcel, totalling $124,000 plus GST.

2. Authorise the Director Corporate Services to undertake the necessary procedural

steps to discontinue and sell the subject right of way via private treaty, and retain

all easements on title as required in favour of the appropriate Authority.

3. Direct a public notice to be published in the Victorian Government Gazette.

4. Advise the party who lodged a submission in relation to the proposal of Council’s

decision.



Page No. 38

10.17 PROPOSAL TO REDEVELOP AND ENTER INTO A 21 YEAR LEASE AT RICKETTS POINT TEA HOUSE, BEAUMARIS



That Council authorise the Director Corporate Services to execute a new lease to Beachside Café Pty Ltd on the following key terms:

Purpose: Restaurant / Cafe and Kiosk

Commencement Date: Date upon which construction commences

Term: 21 years

Base Rent: To be determined by Council’s Property Valuer

Turnover Rent: 7.5% of gross turnover that exceeds 12.5 times the base

rent.

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

Rent Free Period: 1 year

Hours of Operation: 7:00am – 11:30pm

Liquor Licence: 11:00am - 11:30pm.



Page No. 39

10.18 PROPOSAL TO ENTER INTO A 5 YEAR LEASE OVER PART OF THE SANDRINGHAM FAMILY LEISURE CENTRE



1. That Council authorise the Director, Corporate Services to execute four new leases to those Tenants listed below on the following key terms:

1.1 Tenant: De Nardis Enterprises Pty Ltd.

Purpose: Physiotherapy Centre and Sports Medicine Commencement Date: Date upon which the lease is executed by the parties Term: 5 years Rent: $82,729.55 Rental Escalation: Consumer Price Index Melbourne All Groups (CPI).

1.2 Tenant: Cheslink Pty Ltd (SwimRight) Purpose: Swimming Pool and associated uses and sale of associated goods Commencement Date: Date upon which the lease is executed by the parties Term: 5 years Rent: $59,544.60 Rental Escalation: Consumer Price Index Melbourne All Groups (CPI).

1.3 Tenant: Goodlife Operations Pty Ltd. Purpose: Gymnasium, fitness centre and associated crèche and The sale of associated goods Commencement Date: Date upon which the lease is executed by the parties Term: 5 years Rent: $354,768.94/ Rental Escalation: Consumer Price Index Melbourne All Groups (CPI)

1.4 Tenant: Kim Ky

Purpose: Cafe Commencement Date: Date upon which the lease is executed by the parties Term: 5 years Rent: $28,851.69 Rental Escalation: Consumer Price Index Melbourne All Groups (CPI).



Page No. 40

10.19 2020 AUSTRALIAN LOCAL GOVERNANCE ASSOCIATION (ALGA) NATIONAL GENERAL ASSEMBLY OF LOCAL GOVERNMENT


Moved: Cr Grinter Seconded: Cr del Porto

That Council approves the attendance of the Mayor Cr Martin, Deputy Mayor Cr Grinter, Cr del Porto and Cr Castelli at the ALGA National Assembly to be held in Canberra from 14 – 17 June 2020.

CARRIED .


Page No. 41

10.20 RESCHEDULING OF THE JUNE 2020 ORDINARY MEETING OF COUNCIL



That Council give public notice of the rescheduling of the June Ordinary Meeting of Council from 16 June to 23 June 2020 and the cancellation of the 21 April 2020 and 23 June 2020 Planning and Amenity Committee meetings, with further review to be considered at the August 2020 Ordinary Meeting of Council.



Page No. 42

10.21 MUNICIPAL ASSOCIATION OF VICTORIA - STATE COUNCIL MEETING - CALL FOR MOTIONS



That Council supports the City of Frankston motion concerning Emergency Management Funding.



Page No. 43

10.22 CONTRACT 19/120 - PERSONAL COMPUTER FLEET REPLACEMENT

Corporate Services - Information Services File No: PSF/20/14 – Doc No: DOC/20/62333


That Council:

1. Award contract number CON/19/120 for Personal Computer Fleet Replacement to

Dell Technologies, for the total sum of $1,108,886 Excluding GST, over the 3 year

contract term

2. Authorise the Chief Executive Officer to sign all necessary documentation related to

contract number CON/19/120.



Page No. 44

10.23 COUNCIL ACTION AWAITING REPORT



That Council notes the Council Action Awaiting Report.



Page No. 45

11. Reports by Delegates

1. Association of Bayside Municipalities – Cr Laurence Evans indicated that the ABM had not met since the last Council meeting.

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

3. Metropolitan Transport Forum – The Director Environment, Recreation & Infrastructure indicated that the Forum (MTF) was held on 4th March and Council’s Transport Coordinator attended as there was a clash with a Councillor budget briefing. The key agenda items were:

A Proposal by the ‘Resilient Melbourne’ organisation to establish an integrated network model for Melbourne, to support liveability and to help create the safest, most accessible cycling city in Australia. There are some clear benefits of the model; however, there are some clear immediate challenges with the requested funding due to the timing being late in the budget cycle and Covid-19;

A presentation from Good Cycling who are the operator (relocate, maintain and charging of the e-bike) of the JUMP program in inner city Melbourne;

The introduction of the draft MTF 2020 advocacy strategy plan. Improving bus patronage and services is one of the three key advocacy areas, which aligns with Bayside City Council’s focus in this area; and

Finalisation of the executive members.

4. Municipal Association of Victoria – Cr Alex del Porto indicated that the MAV had not met since the last Council meeting and it was unlikely the State Council Meeting would be held in May. Cr del Porto reported on his attendance at an Affordable Housing Conference.

5. Inner South Metropolitan Mayors’ Forum – The Mayor Cr Clarke Martin indicated that the recent meeting was cancelled given the sector’s involvement in COVID-19.

6. Metropolitan Local Government Waste Forum – The Mayor Cr Clarke Martin indicated that the Forum was subject to reform effective from 1 July 2021 which will see the introduction of the new Waste Authority.

Moved: Cr Long Seconded: Cr Evans

That the Reports by Delegates be received and noted.

CARRIED


Page No. 46

Procedural Motion

Moved: Cr Heffernan Seconded: Cr Evans

That the matter pertaining to Small Business Economic Support be admitted and dealt with as a matter of urgent business.

CARRIED

12. Urgent Business

12.1 SMALL BUSINESS ECONOMIC SUPPORT RESPONSE

Moved: Cr Heffernan Seconded: Cr del Porto That Council:

1. Implements the following support package for small businesses:

a) An immediate 6 month (50%) rebate on fees for Food Act registrations.

b) An immediate 6 month (50%) rebate on Street Trading permits.

c) Provision of 3 month rent deferral to commercial tenants of Council owned buildings.

d) Extension of Council’s hardship policy to property rates on Commercial properties where their business has been extensively impacted and simplification of the application process.

e) Development and promotion of online tools to support businesses to develop e-commerce online services.

f) Development of a reactivation program to assist traders once the crisis has passed.

g) A dedicated website for small businesses to access information from all tiers of government on updates and support available in response to COVID-19.

2. Continues to review the current COVID-19 situation and adjust its response as required.

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

Martin (Mayor), Rob Grinter (Deputy Mayor), Alex del Porto and Sonia Castelli (7)

AGAINST: (0)

CARRIED


Page No. 47

Procedural Motion

Moved: Cr Evans Seconded: Cr del Porto

That the Deputy Mayor take the chair for the consideration of item 13.1, noting the Deputy Mayor can remain in his seat for the consideration of this item.

CARRIED

13. Notices of Motion

13.1 NOTICE OF MOTION - 293 - CHELTENHAM RECREATION RESERVE

NETBALL COURT


Moved: Cr Evans Seconded: Cr Martin (Mayor)

That Council receive a report at the May 2020 Ordinary Meeting of Council on the

feasibility, costs and strategic justification for the future provision of a netball court at

Cheltenham Recreation Reserve.

CARRIED

Procedural Motion


That the Mayor resume the chair for the consideration of Item 14.1, in Confidential Business

CARRIED


Page No. 48

14. Confidential Business

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

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

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

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

CARRIED

Table of Contents

14.1 SANDRINGHAM GOLF LINKS MANAGEMENT - LEASING MATTER (LGA 1989 Section 89(2)(d) contractual matters.)

Following consideration of Confidential Business the Chairperson declared the meeting closed at 8:54pm..

minutes of ordinary council meeting - 24 00 2020 · bayside city council ordinary council meeting -...

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