minutes of ordinary meeting - 17 february 2014 · om250. minutes of ordinary council meeting of the...

OM250

MINUTES OF ORDINARY COUNCIL MEETING OF THE FRANKSTON CITY COUNCIL HELD IN THE CIVIC CENTRE, DAVEY STREET, FRANKSTON

ON 17 FEBRUARY 2014 at 7.05PM PRESENT Cr. Darrel Taylor (Mayor)

Cr. James Dooley Cr. Rebekah Spelman Cr. Glenn Aitken Cr. Sandra Mayer Cr. Suzette Tayler Cr. Colin Hampton Cr. Michael O’Reilly

APOLOGIES: Cr. Brian Cunial ABSENT: Nil. OFFICERS: Mr. Dennis Hovenden, Chief Executive Officer

Mr. Tim Frederico, General Manager Corporate Dr. Gillian Kay, General Manager Communities Mr. Vito Albicini, General Manager Assets Ms. Jane Homewood, General Manager Development Ms. Fiona Johnstone, Acting Planning Manager Mr. Chris Innes, Acting Manager Governance and Customer Relations Ms. Emma Smith, Media and Communications Coordinator Ms. Michelle Tipton, Governance Team Leader

EXTERNAL REPRESENTATIVES:

Nil

COUNCILLOR STATEMENT

Councillor Spelman made the following statement:

“ All members of this Council pledge to the City of Frankston community to consider every item listed on this evening’s agenda:

• Based on the individual merits of each item; • Without bias or prejudice by maintaining an open mind; and • Disregarding Councillors’ personal interests so as to avoid any conflict with our

public duty.

Any Councillor having a conflict of interest in an item will make proper, prior disclosure to the meeting and will not participate or vote on the issue.”

Chairperson’s initials

OM250

PRAYER

At the request of the Mayor, Councillors, officers and members of the gallery stood while Councillor Dooley read the Opening Prayer.

ACKNOWLEDGEMENT OF TRADITIONAL OWNERS

Councillor Aitken acknowledged the Boonerwrung and Bunurong peoples – the traditional custodians of the land on which we stand and recognised all Aboriginal and Torres Strait Islander peoples who have given to Australia’s identity – from the past, into the present and for the future.


ORDINARY MEETING MINUTES 1 17 February 2014 OM250

1. PRESENTATION TO COMMUNITY GROUPS ................................................... 3

Nil

2. CONFIRMATION OF MINUTES OF PREVIOUS MEETING ............................... 3

Ordinary Meeting No. OM249 held on 20 January 2014. .................................... 3

3. APOLOGIES ....................................................................................................... 3

4. DISCLOSURES OF INTEREST AND DECLARATIONS OF CONFLICT OF INTEREST .................................................................................................... 3

Nil.

5. PUBLIC QUESTION TIME.................................................................................. 3

6. HEARING OF PUBLIC SUBMISSIONS ............................................................. 3

7. ITEMS BROUGHT FORWARD .......................................................................... 4 11.1 Proposed Valley Road closure - Community consultation

outcomes .................................................................................................. 5

11.3 Land Stability Investigation Frankston South ............................................ 6

8. PRESENTATIONS / AWARDS ........................................................................... 4

9. PRESENTATION OF PETITIONS AND JOINT LETTERS ................................. 4

Nil

10. CONSIDERATION OF TOWN PLANNING REPORTS ...................................... 4

Nil

11. CONSIDERATION OF REPORTS OF OFFICERS ............................................. 5

11.2 Submission to the Productivity Commission Inquiry into Child Care and Early Learning ........................................................................... 7

11.4 Capital Works Monthly Report for December 2013 .................................. 8

11.5 Rate Payment Methodology ..................................................................... 9

11.6 Sports Development Plan Implementation Progress Report .................. 10

11.7 Committee Minutes ................................................................................. 11

11.8 Baxter Park Pavilion Consolidation ......................................................... 12

12. NOTICES OF MOTION ..................................................................................... 13

12.1 NOM 1019 - I Love Frankston Day ......................................................... 13

12.2 NOM 1020 - Visit Frankston App ............................................................ 14

12.3 NOM 1022 - Frankston War Memorial Trust ........................................... 15

13. LATE REPORTS .............................................................................................. 16



Nil

14. URGENT BUSINESS ........................................................................................ 17

15. CONFIDENTIAL ITEMS ................................................................................... 21

C.1 FAC Board membership ......................................................................... 21

C.2 Parking, Enforcement and Ancillary Services Contract .......................... 21

C.3 Award of Contract 2013/14-49 – Construction of Cranhaven Road ....................................................................................................... 21

C.4 Carrum Downs Recreation Reserve Review - CFA ................................ 21



1. PRESENTATION TO COMMUNITY GROUPS Nil

2. CONFIRMATION OF MINUTES OF PREVIOUS MEETING Ordinary Meeting No. OM249 held on 20 January 2014. Council Decision Moved: Councillor Dooley Seconded: Councillor Tayler That the minutes of the Ordinary Meeting No. OM249 held on 20 January 2014 copies of which had previously been circulated to all Councillors, be confirmed, approved and adopted.

Carried Unanimously

3. APOLOGIES

Council Decision Moved: Councillor Mayer Seconded: Councillor Aitken

That the apology be received and Councillor Cunial be granted leave from the meeting.

Carried Unanimously

4. DISCLOSURES OF INTEREST AND DECLARATIONS OF CONFLICT OF INTEREST Nil.

5. PUBLIC QUESTION TIME One (1) person submitted questions to Council. At the request of the Mayor, the Chief Executive Officer read the questions and answers to the gallery. The questions and answers are contained in Appendix.

6. HEARING OF PUBLIC SUBMISSIONS Ms. Susan Sherry made a submission to Council in support of Item 11.1 – Proposed Valley Road Closure – Community Consultation Outcomes;

Ms. Madeline Frizell made a submission to Council against Item 11.1 – Proposed Valley Road Closure – Community Consultation Outcomes;

Mr. Evan Nisbet made a submission to Council against Item 11.1 – Proposed Valley Road Closure – Community Consultation Outcomes;

Ms. Alice Irving made a submission to Council against Item 11.1 – Proposed Valley Road Closure – Community Consultation Outcomes;

Mr. Martin Stewart made a submission to Council in support of Item 11.1 – Proposed Valley Road Closure – Community Consultation Outcomes;



Ms. Christine Richards, former Councillor, made a submission to Council in support of Item 11.3 – Land Stability Investigation Frankston South, with some suggested amendments.

7. ITEMS BROUGHT FORWARD Items Brought Forward

Council Decision Moved: Councillor Hampton Seconded: Councillor Aitken

That Items 11.1: Proposed Valley Road Closure – Community Consultation Outcomes and 11.3: Land Stability Investigation Frankston South be brought forward.

Carried Unanimously

8. PRESENTATIONS / AWARDS • The Mayor presented the Certificate of Appreciation Award from Life Gate for the

Colour of Hope at Frankston’s Youth Art Exhibition.

• The Mayor announced that the Visitor Information Centre (VIC) won the Australian Tourism Award for the Best VIC in Australia. This is the second year in a row where the VIC has won this award.

9. PRESENTATION OF PETITIONS AND JOINT LETTERS Nil

10. CONSIDERATION OF TOWN PLANNING REPORTS Nil



11. CONSIDERATION OF REPORTS OF OFFICERS 11.1 Proposed Valley Road closure - Community consultation outcomes

(CD Assets)

Recommendation (GMAssets) That:

1. Council take no further action regarding the proposed closure of Valley Road to through traffic between Potts Road and McClelland Drive;

2. Council continue to monitor asphalt stockpiles and profile Valley Road when the stockpile allows; and

3. Council officers meet with Victoria Police to advocate for additional speed enforcement such as heightened patrols and/or the use of speed cameras to reduce the incidences of hooning and speeding.

Council Decision Moved: Councillor Mayer Seconded: Councillor Hampton That:

1. Council take no further action regarding the proposed closure of Valley Road to through traffic between Potts Road and McClelland Drive;

2. Council continue to monitor asphalt stockpiles and profile Valley Road when the stockpile allows; and

3. Council officers meet with Victoria Police to advocate for additional speed enforcement such as heightened patrols and/or the use of speed cameras to reduce the incidences of hooning and speeding.

4. Council consider traffic calming options available for restricting speed in consultation with local residents.

Carried Unanimously



11.3 Land Stability Investigation Frankston South (JE Development)

Recommendation (GMDevelopment) That Council resolves to commission a geotechnical investigation in 2014/15 to identify whether there are additional areas of land instability at Frankston South, subject to the allocation of $60,000 through the draft 2014/15 budget process.

Council Decision Moved: Councillor Hampton Seconded: Councillor Mayer 1 That Council resolves to commission a geotechnical investigation at an estimated cost of $60K in 2014/15 to identify whether there are additional areas of land instability at Frankston South.

2. That Council authorises the CEO to spend up to $40K from the 2013/14 budget to commission a geotechnical investigation on the cliff area abutting Nepean Highway between Liddesdale Avenue and Plowman Place, with a report back to Council by July 2014, with the balance of funds to be allocated in the 2014/15 budget.

3. Given the history of landslip in the area, following the preliminary investigation report on the area between Liddesdale Avenue and Somme Avenue, Council make application to the Minister for interim planning controls.

Carried Unanimously

Councillor Aitken left the chamber at 7.51pm.



11.2 Submission to the Productivity Commission Inquiry into Child Care and Early Learning (MG Communities)

Council Decision Moved: Councillor Dooley Seconded: Councillor Mayer That Council endorses the draft submission to the Productivity Commission in response to its inquiry into Childcare and Early Childhood Learning.

Carried Unanimously

Councillor Aitken returned to the chamber at 7.53pm.

Councillor Hampton left the chamber at 7.53pm.

Councillor Aitken left the chamber at 7.54pm.

Councillor Aitken returned to the chamber at 7.55pm.



11.4 Capital Works Monthly Report for December 2013 (CD Assets)

Council Decision Moved: Councillor Aitken Seconded: Councillor Dooley That Council:

1. Notes the Capital Works Report for the Month of December 2013.

2. Endorses the listed budget adjustments.

3. Endorses the current revised capital works budget as $67,596,625.

Carried Unanimously



11.5 Rate Payment Methodology (KJ Corporate)

Council Decision Moved: Councillor Dooley Seconded: Councillor Aitken That Council adopts the ‘instalment only’ rate payment methodology for the 2014/15 financial year.

Carried Unanimously



11.6 Sports Development Plan Implementation Progress Report (AR Assets)

Council Decision Moved: Councillor Dooley Seconded: Councillor Aitken That Council:

1. Note the status of the “Extremely High” and “High” priorities from the Sports Development Plan 2013-2019 (refer to attached - Sports Development Plan Action Plan Implementation- Progress Report February 2014)

2. Receive a report on the progress of the implementation of the Sports Development Plan 2013-2019 in October 2014

Carried Unanimously



11.7 Committee Minutes (CH Corporate)

Council Decision Moved: Councillor Aitken Seconded: Councillor Dooley

That the minutes of the following Committees be received:

• Quarterly Centenary Park Golf Course Liaison Committee Meeting - 19 November 2013 (draft);

• Frankston Regional Aquatic Centre PSG Meeting No. 31 – 12 December 2013 (confirmed) Confidential;

• Frankston Youth Council Meeting – 28 January 2014 (draft);

• Frankston Tourism Inc. Executive Meeting – 14 November 2013 (draft).

Carried Unanimously

Councillor Hampton returned to the chamber at 7.56pm.



11.8 Baxter Park Pavilion Consolidation (SH Assets)

Council Decision Moved: Councillor Tayler Seconded: Councillor Aitken That Council:

1. Approve the revised scope for the upgrades of the Baxter 6 and 1 oval pavilions as detailed by this report;

2. Renovate the existing ‘Oval 6 pavilion’ by constructing ‘Sports Development Plan’/female compliant change rooms to service the needs of the Baxter Cricket Club and Frankston Football/Netball Club, whilst removing the existing stand alone public toilet and incorporating it into the pavilion;

3. Modify the existing ‘Oval 1 Pavilion’ by constructing ‘Sports Development Plan’/female compliant change rooms to service ‘Oval 1’ and ‘Oval 2’, whilst removing the existing stand alone public toilet and incorporating it into the facility;

4. Consider the allocation of $970K in the Capital Works 2014/15 Budget to complete the upgrades;

5. Note that the scope modifications are within Council’s allocation budgets in the 10 Year Capital Works Program and Long Term Financial Plan; and

6. Seek contribution from both the Baxter Cricket Club and the Frankston Bombers Football / Netball Club of $20,000 each for the replacement of the cricket nets at Baxter Park.

Carried Unanimously

The Mayor adjourned the meeting at 8.00pm.

Meeting resumed at 8.03pm All Councillors present.



12. NOTICES OF MOTION 12.1 NOM 1019 - I Love Frankston Day

(DR Development)

That Council officers prepare a report for review by Council to investigate the opportunity for the City to host a “I love Frankston” Day that would celebrate all the things that our Community love about Frankston City.”

Council Decision Moved: Councillor O'Reilly Seconded: Councillor Tayler That the first day of the Waterfront Festival be themed as “I Love Frankston Day” and that it would celebrate all the things that our Community love about Frankston City.

Carried Unanimously



12.2 NOM 1020 - Visit Frankston App (DR Development)

Council Decision Moved: Councillor O'Reilly Seconded: Councillor Tayler A report be prepared for Council seeking to have a “Visit Frankston” app to allow residents, visitors and businesses to quickly access events and activities within the municipality on their smart phones or tablets.

Carried Unanimously



12.3 NOM 1022 - Frankston War Memorial Trust (JS Corporate)

Council Decision Moved: Councillor Dooley Seconded: Councillor O'Reilly

That $5,000 be taken from Councillor Taylor’s Councillor Discretionary fund to the Frankston War Memorial Trust, and that the cheque be presented at the War Memorial Forum, held at the Mechanics Institute on 7 March 2014.”

Carried Unanimously



13. LATE REPORTS Nil



14. URGENT BUSINESS Urgent Business – CCTV Network Frankston Activities Area

Council Decision Moved: Councillor Dooley Seconded: Councillor Aitken

That the matter of CCTV Networks in the Frankston Activities Area be accepted as urgent business.

Carried Unanimously

Councillor O’Reilly left the chamber at 8.05pm.


That Frankston Council write to the Premier of Victoria, the Honourable Dr Dennis Napthine MP and request that the government of Victoria allocate the necessary human resources [either paid or volunteer] to undertake real-time monitoring of the CCTV network in the Frankston Activities Area and that this monitoring occur at the very least during peak periods on Friday and Saturday nights. This Council wishes to draw to the Premier's attention the minimal utilisation of this important security asset, which has cost the Council, State and Federal Government many millions of dollars.

Carried Unanimously



Urgent Business – Ambassador Apartment Complex


That the matter of the Ambassador Apartment Complex be accepted as urgent business.

Carried Unanimously

Councillor O’Reilly returned to the chamber at 8.07pm.


That the Frankston Council write to the Premier of Victoria and request that the Victorian Government investigate a "Compulsory Acquisition" of the Ambassador Apartment Complex at 325 Nepean Highway, Frankston.

This building, situated at the prominent northern Gateway to Frankston, has been allowed to fall into a derelict state. This situation has occurred due to its body corporate not maintaining the appearance of the building. The building complex is also a known focal point for criminal activity.

As such, it is the opinion of this Council that with no alternate plan in place to address either the issue of dereliction or criminal activity, that the only course of action is to compulsory acquire the property and demolish the complex. It should be noted that this situation has occurred due to State Government Planning law deficiencies.

Carried Unanimously



Urgent Business – Mayoral Role


That the matter of the Mayoral Role be accepted as urgent business.

Carried Unanimously

Extension of Time

Council Decision Moved: Councillor Spelman Seconded: Councillor Mayer That Cr Aitken be granted an extension of time.

Carried Unanimously

Extension of Time

Council Decision Moved: Councillor Hampton Seconded: Councillor Spelman

That Cr O’Reilly be granted an extension of time.

Carried Unanimously


That Council ask the Mayor, Cr Taylor that if he is successful in his attempt to become the Liberal candidate for the seat of Frankston, that he also commits to stand aside from the Mayoral position at that point, in order to clearly separate his personal political ambition from essentially the impartial role of the Mayoralty.

Council specifically expects the Mayoral role to be free of any party involvement or personal agenda.

The entire council organisation which is funded by the broader community directly supports the Mayoral role.

It is entirely unacceptable that it be linked or associated with any individual desire to springboard into Parliament, which were it to be allowed, would plainly establish a pattern for the inappropriate use of community good will.

It is also pertinent and necessary to draw attention to previous events within this council, which saw intense personal and political in-fighting where party politics over-ran what should have been a non-party community orientated agenda.

The people of Frankston deserve better and for several years now Council has had a clear, concerted bi-partisan focus.

This co-operative approach has enabled Council to succeed in achieving the largest single increase in police numbers we have ever seen. Also the foundation of the biggest boom in development in decades both local government and private.



By joining the Mayoralty with a personal parliamentary ambition, it risks undoing the stability of our Council, the good work and the positive image we have strived so hard to reclaim over the last few years.

The Council will be divided, as the role of the Mayor will be compromised between his role as the leader of our community and his party political admissions.

We call on the Mayor to spare us from this and to understand how much this will ultimately damage his own community.

We remind the Mayor that under the circumstances his first duty is to the people of Frankston, ahead of his own ambition.

Lost For the Motion: Crs Aitken, Dooley and Hampton Against the Motion: Crs O'Reilly, Spelman, Tayler and Taylor Abstention: Cr Mayer

Councillor Hampton called for a division.

The Mayor asked for a show of hands for the purpose of recording the minutes and called out the names aloud for those voting for and against the motion.

For the Motion: Crs Aitken, Dooley and Hampton Against the Motion: Crs O'Reilly, Spelman, Tayler and Taylor Abstention Cr Mayer

The motion was Lost


Confidential Items 21 17 February 2014 OM250

15. CONFIDENTIAL ITEMS

Council Decision Moved: Councillor O'Reilly Seconded: Councillor Aitken

That the Ordinary Council Meeting be closed to the public to consider the following items which are of a confidential nature, pursuant to section 89(2) of the Local Government Act (LGA) 1989 for the reasons indicated:

C.1 FAC Board membership Agenda Item C.1 FAC Board membership is designated confidential as it relates to personnel matters (s89 2a)

C.2 Parking, Enforcement and Ancillary Services Contract Agenda Item C.2 Parking, Enforcement and Ancillary Services Contract is designated confidential as it relates to contractual matters (s89 2d)

C.3 Award of Contract 2013/14-49 – Construction of Cranhaven Road Agenda Item C.3 Award of Contract 2013/14-49 – Construction of Cranhaven Road is designated confidential as it relates to contractual matters (s89 2d)

C.4 Carrum Downs Recreation Reserve Review - CFA Agenda Item C.4 Carrum Downs Recreation Reserve Review - CFA is designated confidential as it relates to contractual matters (s89 2d), and proposed developments (s89 2e)

Carried Unanimously


Confidential Items 22 17 February 2014 OM250

The meeting closed at 8.47 p.m. CONFIRMED THIS DAY OF 2014 ……………………………………………..

CHAIRPERSON

AUTHORITY TO STAMP INITIALS ON MINUTES I, Cr. Darrel Taylor, Chairperson – Council Meeting hereby authorise the use of a stamp of my initials to initial each page of these Minutes of the Council Meeting held on Monday, 17 February 2014 confirmed on Monday, 3 March 2014. …………………………………………………………… (Cr. Darrel Taylor, Chairperson – Council Meeting) Dated this day of 2014

ORDINARY MEETING MINUTES APPENDIX 1

23 17 February 2014 OM250

Peter Anscombe QUESTION 1: At question time to an April 2013 meeting, I asked “what are the names, subjects and objectives of the strategies and master plans that are currently active (anything not finalised or fully implemented) and those strategies and Masterplans proposed for the next two financial years for Council decision making processes?”

I received a reply dated 18th December 2013 which responded in general terms by basically saying that there was some linkage in corporate documentation and strategies and that this was being reviewed to ensure alignment and compliance with plans and strategies.

I was also referred to sections of the council plan which again in broad terms referred to policies, strategies and plans aligned to community outcomes.

However both the reply and documents are silent on my request for definitive information about Masterplans.

I now again ask the council to me provide details of the current Masterplans (anything not finalised or fully implemented) eg Frankston and Jubilee Parks, which will appear to be included in the budget for the next 2-3 years.

RESPONSE: Comments from General Manager Assets Council considers funding for all approved Master Plans and Strategies Capital Works projects, as part of the preparation of the Capital Works Program. Capital Works projects are prioritised and listed in a 20 year capital works program for Council's consideration and direction.

Currently Council is considering it's 2014/15 Capital Works Budget, 10 Year Capital Works Program and 2014/15 Council Budget which is to be completed by June 2014. Once completed the budget will identify which projects from the Master Plans and Strategies have been provided funding as part of Council's 2014 /15 Budget.

It should be noted that the budget documents will go out for public consultation before being finally adopted by Council in June 2014.

QUESTION 2: On 20th January this year the Council considered a planning application for a multi dwelling development at 16 Denbigh Street (69/2013/P) which did not meet Councils multi Dwelling car Parking Guidelines requiring one visitor car space.

The officer’s report justifying the reduction of the requirement, referred to the availability of street parking and walking distance of bus routes that travel to the Frankston Railway station and shopping along with consistency with various policies that promote the use of public transport, cycling and walking.

In the past, the Council has used criteria for the reduction of onsite car parking requirements as being 500m from public transport.

In this instance the subject property is about 1.3km from the Frankston station, 2km from the north of the FAA and about 200m from the 773 bus service, which runs a daytime service on weekdays and a limited Saturday service. There are no services in the evenings and Sundays when it would be reasonable to expect most visitations to occur and therefore visitors to the property using public transport would only be limited to week day business hours.

Will the council take steps to make sure that all future car parking waivers both for on site and visitor parking be only made where public transport is available at a minimum of a half hourly service 7 days a week and including evenings up to 11pm?

ORDINARY MEETING MINUTES APPENDIX 1

24 17 February 2014 OM250

RESPONSE: Comments from General Manager – Development The consideration of the waiver of car parking is required to be made with regard to guidelines provided by the State Government in the Frankston Planning Scheme. These Decision Guidelines do not specify the time or frequency of alternative transport modes.

To address the concerns raised and as a priority of this Council, Council continues to lobby the State Government for improved service levels for public transport throughout the City.

QUESTION 3: When will the minutes of closed Council meetings be made available to the public?

RESPONSE: Comments from General Manager – Corporate Section 89 of the Local Government Act allows that a meeting can be closed to the public if the meeting is discussing any of the following matters:-

• Personal matters; • The personal hardship of any resident or ratepayer • Industrial matters • Contractual matters • Proposed developments • Legal advice • Matters affecting the security of Council property • Any other matter which the Council or special committee considers would prejudice

the Council or any person; • A resolution to close the meeting to members of the public.

In the majority of cases, these minutes will not be made available to the public.

Council needs to ensure that individuals or organisations right to privacy and confidentiality is maintained, however, as part of its commitment to openness and transparency, the decision of matters discussed in Closed Council are made available, either in whole or in part.

minutes of ordinary meeting - 17 february 2014 · om250. minutes of ordinary council meeting of the...

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