minutes of ordinary meeting - 20 january 2014 · minutes of ordinary council meeting of the...

OM249

Chairperson’s initials

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

ON 20 JANUARY 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. Brian Cunial Cr. Colin Hampton Cr. Michael O’Reilly

APOLOGIES: Nil. 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. Michelle Tipton, Acting Manager Governance & Customer Relations Ms. Fiona Johnstone, Acting Planning Manager Ms. Naomi Neville, Acting Town Planning Coordinator, Ms. Emma Smith, Media and Communications Coordinator, Mr. John Eichler, Strategic Town Planning Coordinator Ms. Meghan Kelly, Senior Strategic Planner Ms. Vanessa Mogg, Strategic Planner Ms. Claire Haby, Governance Officer

EXTERNAL REPRESENTATIVES:

Nil

OM249


22 JANUARY 2014 PRESENT Cr. Darrel Taylor (Mayor)

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

APOLOGIES: Cr. Colin Hampton ABSENT: Nil. OFFICERS: Mr. Dennis Hovenden, Chief Executive Officer

Mr. Tim Frederico, General Manager Corporate Dr. Gillian Kay, General Manager Communities Ms. Jane Homewood, General Manager Development Ms. Michelle Tipton, Acting Manager Governance & Customer Relations Ms. Fiona Johnstone, Acting Planning Manager Ms. Emma Smith, Media and Communications Coordinator, Mr. John Eichler, Strategic Town Planning Coordinator Ms. Vanessa Mogg, Strategic Planner

EXTERNAL REPRESENTATIVES:

Nil

COUNCILLOR STATEMENT

Councillor Cunial 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.”

PRAYER

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

OM249


ACKNOWLEDGEMENT OF TRADITIONAL OWNERS

Councillor Mayer 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.

The Mayor paid his respects to Aunty Ruth, an Aboriginal elder, who recently passed away.

ORDINARY MEETING MINUTES 1 20 January 2014 OM249


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

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

Ordinary Meeting No. OM248 held on 16 December 2013. ................................ 3

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

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

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

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

7. ITEMS BROUGHT FORWARD .......................................................................... 5

7. ITEMS BROUGHT FORWARD .......................................................................... 6

11.5 Amendment C95 - Report on exhibition, submissions and progression to Panel ................................................................................. 6

11.6 Consideration of Community Feedback & Adoption of Frankston Activities Area Structure Plan ................................................................... 8

11.7 Frankston Outdoor Advertising Signage Guidelines - Consideration of Community Feedback and Adoption of Guidelines................................................................................................. 9

11.8 Addendum: Request for Planning Scheme Amendment - Stotts Lane, Frankston South ........................................................................... 10

11.9 Foreshore Advisory Committee - Recommendations to Council on Foreshore Infrastructure and Olivers Hill Lookout ............................. 12

11.11 Baxter Park Pavilion Consolidation ......................................................... 16

8. PRESENTATIONS / AWARDS ........................................................................... 5

9. PRESENTATION OF PETITIONS AND JOINT LETTERS ................................. 5

10. CONSIDERATION OF TOWN PLANNING REPORTS .................................... 17

10.1 Planning Permit 69/2013/P - To construct four (4) double storey dwellings at 16 Denbigh Street Frankston .............................................. 17

10.2 Town Planning Progress Report ............................................................. 22

11. CONSIDERATION OF REPORTS OF OFFICERS ........................................... 23

11.1 Record of Assemblies of Councillors ...................................................... 23

11.2 Committee Minutes ................................................................................. 24

11.3 Delegated Powers, Closed Council Contract Decisions & Sundry Matters.................................................................................................... 25

11.4 Capital Works Monthly Report for November 2013 ................................ 37



11.10 Draft Victorian Coastal Strategy 2013 - Frankston City Council and Association of Bayside Municipalities Submissions ......................... 38

11.12 Proposed Lease of Council Land - Part of 2R Candlebark Crescent Frankston North....................................................................... 39

11.13 Proposed Transfer of Land from Linking Melbourne Authority................ 40

12. NOTICES OF MOTION ..................................................................................... 41

12.1 NOM 1017 - Plaque for John Smollen .................................................... 41

12.2 NOM 1018 - 125 years of Peninsula Football ......................................... 42

13. LATE REPORTS .............................................................................................. 43

13.1 Audit and Risk Management Committee - Annual Chairperson Report for 2013 ....................................................................................... 43

13.2 Council Meeting Dates for 2014 ............................................................. 44

14. URGENT BUSINESS ........................................................................................ 45

14.1 Sunset Camel Rides (Cr Taylor) ............................................................... 45

14.2 Crown Land (Cr Hampton) ........................................................................ 46

14.3 Car Parking (Cr Hampton) ......................................................................... 47

14.4 Signage (Cr Aitken) ................................................................................... 48

15. CONFIDENTIAL ITEMS ................................................................................... 49

C.1 Outcomes of the Audit and Risk Management Committee - 11 October 2013 and 22 November 2013 ................................................... 49

C.2 Supply of Gymnasium Equipment to the Peninsula Aquatic Recreation Centre - Contract No. 2013/14-23 ........................................ 49

C.3 Issuing Small Business Grants ............................................................... 49

C.4 Frankston Heights/Frankston South Kindergarten Infrastructure Proposal ................................................................................................. 49



1. PRESENTATION TO COMMUNITY GROUPS Nil

2. CONFIRMATION OF MINUTES OF PREVIOUS MEETING Ordinary Meeting No. OM248 held on 16 December 2013. Council Decision Moved: Councillor Hampton Seconded: Councillor Cunial THAT the minutes of the Ordinary Meeting No. OM248 held on 16 December 2013 copies of which had previously been circulated to all Councillors, be confirmed, approved and adopted.

Carried Unanimously

3. APOLOGIES Nil

4. DISCLOSURES OF INTEREST AND DECLARATIONS OF CONFLICT OF INTEREST Cr Dooley – Item 11.6: Draft FAA Structure Plan – Interest in Common

5. PUBLIC QUESTION TIME Ms Hilary Poad submitted three Questions With Notice to Council. At the request of the Mayor, the Chief Executive Officer read the questions and answers to the gallery.

6. HEARING OF PUBLIC SUBMISSIONS • Ms Hilary Poad, resident, made a submission to Council against the

recommendation for Item 11.5: Amendment C95 – Report on exhibition, submissions and progression to Panel;

• Ms Ginevra Hosking, resident, made a submission to Council in support of the recommendation (but with some reservations) for Item 11.5: Amendment C95 – Report on exhibition, submissions and progression to Panel;

• Mr Geoffrey Crowder, resident, made a submission to Council against the recommendation for Item 11.5: Amendment C95 – Report on exhibition, submissions and progression to Panel;

• Ms Jenny Alexander, Long Island resident, made a submission to Council with concerns over the proposed height restrictions regarding Item 11.5: Amendment C95 – Report on exhibition, submissions and progression to Panel;

• Ms Christine Richards, former Frankston City Councillor, made a submission to Council against the recommendation for Item 11.6: Draft FAA Structure Plan. Ms Richards advocated that Council lobby for an improved transit interchange;

• Mr Peter Anscombe, resident, made a submission to Council and commented on the recommendation / strategy for Item 11.6: Draft FAA Structure Plan;



• Mr Henryk Kay, resident, made a submission to Council regarding Item 11.6: Draft FAA Structure Plan, and suggested modifications be made to the FAA Structure Plan;

• Mr Geoffrey Crowder, resident, made a submission to Council against the recommendation for Item 11.6: Draft FAA Structure Plan, with specific regard to height controls and the bicycle strategy;

• Ms Pat Bentley, resident, made a submission to Council in support of the recommendation for Item 11.7: Frankston Outdoor Advertising Signage Guidelines. Ms Bentley commended the officers who prepared the Coastal Strategy report;

• Mr Barry Ross, Defenders of the South East Green Wedge, made a submission to Council against the recommendation for Item 11.8: Addendum: Request for Planning Scheme Amendment – Stotts Lane, Frankston South;

• Mr David Cross, Chair of Frankston Environmental Friends Network, made a submission to Council against the recommendation for Item 11.8: Addendum: Request for Planning Scheme Amendment – Stotts Lane, Frankston South;

• Ms Megan Schutz, speaking on behalf of the applicant (Schutz Consulting), made a submission to Council in support of the recommendation for Item 11.8: Addendum: Request for Planning Scheme Amendment – Stotts Lane, Frankston South;

• Mr Craig Thomson, Animalia Wildlife Shelter, made a submission to Council against the recommendation for Item 11.8: Addendum: Request for Planning Scheme Amendment – Stotts Lane, Frankston South;

• Councillor Rosemary West (Kingston City Council), speaking on behalf of the Green Wedge Coalition, made a submission to Council against the recommendation for Item 11.8: Addendum: Request for Planning Scheme Amendment – Stotts Lane, Frankston South;

• Mr Leigh Eustace, resident and former Mt Eliza ward Councillor, made a submission to Council against the recommendation for Item 11.8: Addendum: Request for Planning Scheme Amendment – Stotts Lane, Frankston South;

• Ms Ginevra Hosking, Foreshore Advisory Committee, made a submission to Council in support of the recommendation for Item 11.9: Foreshore Advisory Committee – Recommendations to Council on Foreshore Infrastructure;

• Mr Andrew Kumar, Committee Member for Baxter Cricket Club, made a submission to Council in support of the recommendation (but with some concerns) for Item 11.11: Baxter Park Pavilion Consolidation;

Cr Tayler left the Chamber at 7:35pm.

Cr Tayler returned to the Chamber at 7:37pm.

Council Decision Moved: Councillor Cunial Seconded: Councillor Dooley That two further verbal submissions be heard on Item 11.5: Amendment C95 – Report on exhibition, submissions and progression to Panel.

Carried Unanimously



• Mr Chris Godsell, resident, made a submission to Council against the recommendation for Item 11.5: Amendment C95 – Report on exhibition, submissions and progression to Panel;

• Mr John Snowden, resident, made a submission to Council in against the recommendation for Item 11.5: Amendment C95 – Report on exhibition, submissions and progression to Panel.

7. ITEMS BROUGHT FORWARD Items Brought Forward

Council Decision Moved: Councillor Aitken Seconded: Councillor Mayer That items 11.5: Amendment C95 – Report on exhibition, submissions and progression to Panel, 11.6: Draft FAA Structure Plan, 11.7: Frankston Outdoor Advertising Signage Guidelines, 11.8: Addendum: Request for Planning Scheme Amendment – Stotts Lane, Frankston South, 11.9: Foreshore Advisory Committee – Recommendations to Council on Foreshore Infrastructure and Olivers Hill Lookout and 11.11: Baxter Park Pavilion Consolidation be brought forward.

Carried Unanimously

8. PRESENTATIONS / AWARDS Nil

9. PRESENTATION OF PETITIONS AND JOINT LETTERS

Petition – Baden Powell Preschool Council Decision Moved: Councillor Cunial Seconded: Councillor Mayer That a petition from local residents requesting Council to fund the expansion of Baden Powell Preschool into a double room kindergarten be received and lay on the table.

Carried Unanimously



7. ITEMS BROUGHT FORWARD 11.5 Amendment C95 - Report on exhibition, submissions and progression to Panel

(VM Development)

Cr Hampton left the Chamber at 9pm. Cr Hampton returned to the Chamber at 9:01pm.

Council Decision

Moved: Councillor Taylor Seconded:

That:

1. Council notes the submissions to Frankston Planning Scheme Amendment C95.

2. Council acknowledges the merits of specific suggested changes identified in Attachment A as a result of the exhibition period.

3. Council’s position to the Amendment is adjusted based on the Officer Response column in the table in Attachment A.

4. Council decides to continue to progress the Amendment.

5. Council writes to Planning Panels Victoria to formally request an independent Planning Panel be convened to consider the submissions to Amendment C95.

6. Council advises all submitters of Council’s decision.

Lapsed for want of a seconder

Meeting resumed at 7.15pm on Wednesday 22 January 2014 to consider Item 11.5 – Amendment C95 – Report on exhibition, submissions and progression to Panel..

All Councillors present, except Cr Hampton who was an apology.

Council Decision Moved: Councillor Cunial Seconded: Councillor Aitken

That a joint letter (with 15 signatures) on the Amendment C95 submission be received.

Carried Unanimously

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

1. Council notes the submissions to Frankston Planning Scheme Amendment C95.

2. Council acknowledges the merits of specific suggested changes identified in Attachment A as a result of the exhibition period.

3. Council’s position to the Amendment is adjusted based on the Officer Response column in the table in Attachment A.

4. Council decides to continue to progress the Amendment.

5. Council writes to Planning Panels Victoria to formally request an independent Planning Panel be convened to consider the submissions to Amendment C95.



6. Council advises all submitters of Council’s decision.

7. In addition to the changes identified in Attachment A, Council supports the following changes to Amendment C95:

In the Neighbourhood Residential Zone Schedule 10 (NRZ10), delete reference to setting back the second and third storeys of buildings that adjoin Kananook Creek, as it remains an applicable control in the DD06.

Remove land bounded by Nepean Highway, Fletcher Road, Evelyn Street and Beach Street from the Residential Growth Zone Schedule 1 (RGZ1) and retain the Commercial 1 Zone on this land.

In the General Residential Zone Schedule 7 (GRZ7), increase the building height limit from 9 metres to 10 metres.

8. That Council write to the Minister seeking approval to insert the relevant information into the zoning schedules where “none specified” is stated for the purpose of public clarity.

Carried For the Motion: Crs Mayer, O'Reilly, Spelman, Tayler and Taylor Against the Motion: Crs Aitken, Cunial and Dooley

The meeting closed at 7.45pm on Wednesday 22 January 2014.



11.6 Consideration of Community Feedback & Adoption of Frankston Activities Area Structure Plan (MK Development)

Recommendation (GMDevelopment)

That:

1. Council notes all feedback to the Draft Frankston Activities Area Structure Plan.

2. Council adopts the Frankston Activities Area Structure Plan subject to the changes identified in the Issues and Discussion section of the Officers Assessment and Attachment C to this report.

3. Council notes following a final review of the draft Frankston Activities Area Structure Plan by officers that Figure 8: Building Heights and Setbacks is clarified by replacing the words ‘No Change’ to ‘No Change to current controls’.

4. On completion of the Design and Built Form Guidelines for residential areas and the Health and Education Land Use and Built Form Strategy, Officers report back to Council recommending the required planning zones, overlays and other planning mechanism to be used to implement the Structure Plan.

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

1. Council having acknowledged the importance of a CAA Structure Plan and submissions made this evening, defers the matter pending a workshop / workshops of all Councillors and officers, and that the results of the workshop be brought back to Council for a decision.

2. A date be set to re-hear the submissions from the community on other than a Council meeting date.

Carried Unanimously



11.7 Frankston Outdoor Advertising Signage Guidelines - Consideration of Community Feedback and Adoption of Guidelines (MK Development)

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

1. Council note the submission and feedback received to the draft Outdoor Advertising Signage Guidelines.

2. Council adopt the Outdoor Advertising Signage Guidelines subject to changes outlined in Attachment A.

3. Council note that the Guidelines will be implemented as a local planning policy to be included as part of the MSS Review.

Carried Unanimously



11.8 Addendum: Request for Planning Scheme Amendment - Stotts Lane, Frankston South (VM Development)

Recommendation (GMDevelopment)

That:

1. Council notes this revised proposal and resolves to prepare an amendment to the Frankston Planning Scheme to include the land in a residential zone.

2. Council write to the Minister for Planning requesting authorisation to prepare and exhibit an amendment to the Frankston Planning Scheme.

3. That a decision about whether to support the amendment beyond the exhibition stage be made after feedback is received during the exhibition period.

4. The applicant be advised of Council’s decision.

Council Decision

Moved: Councillor Aitken Seconded: Councillor Cunial

That the request for a Planning Scheme Amendment at Stotts Lane for development within the green wedge be refused.

Extension of Time Moved: Councillor Cunial Seconded: Councillor Mayer That Cr Aitken be granted an extension of time.

Cr Cunial left the Chamber at 9:40pm.

Cr Aitken left the Chamber at 9:42pm.

Cr Cunial returned to the Chamber at 9:43pm.

Cr Aitken returned to the Chamber at 9:43pm.

Extension of Time Moved: Councillor Cunial Seconded: Councillor Aitken That Cr Hampton be granted an extension of time.

The motion was then put and Lost

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

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

1. Council notes this revised proposal and resolves to prepare an amendment to the Frankston Planning Scheme to include the land in a residential zone.

2. Council writes to the Minister for Planning requesting authorisation to prepare and exhibit an amendment to the Frankston Planning Scheme.



3. A decision about whether to support the amendment beyond the exhibition stage be made after feedback is received during the exhibition period.

4. The applicant be advised of Council’s decision.

5. Councillors be provided with copies of all submissions received from all parties as and when they were received by Council.

6. Council is briefed in detail about the community consultation process.

Carried For the Motion: Crs Hampton, O'Reilly, Spelman, Tayler and Taylor

Against the Motion: Crs Mayer, Aitken, Dooley and Cunial

Adjournment Council Decision Moved: Councillor Aitken Seconded: Councillor Cunial That the meeting be adjourned.

Carried Unanimously

The meeting was adjourned at 10.05pm. The meeting resumed at 10.15 pm. All Councillors present except for Cr Tayler who

left the meeting at 10.05pm. The Mayor advised that Item 11.5: Amendment C95 - Report on exhibition,

submissions and progression to Panel would be considered again on Wednesday 22 January at 7pm.



11.9 Foreshore Advisory Committee - Recommendations to Council on Foreshore Infrastructure and Olivers Hill Lookout (LH Assets)

Recommendation (GMAssets)

That Council:

1. Notes the recommendations from the Foreshore Advisory Committee to create a style guide, to beautify the Oliver’s Hill Lookout and to develop a Coastal Management Plan.

2. Seeks a commitment from VicRoads, as a matter of urgency, to beautify the Oliver’s Hill lookout for public use in consultation with Council.

3. Officers develop technical notes (style guide) to ensure consistency in foreshore infrastructure and design, subject to provision of funding.

4. Refer the SWOT analysis completed by the Foreshore Advisory Committee to the internal working group, to be formed as part of the Coastal Management Plan development, subject to the provision of funding.

5. Officers prepare a business case funding submissions for the 2014/15 budget for the development of technical notes (style guide) and a Coastal Management Plan.

Council Decision Moved: Councillor Mayer Seconded: Councillor Hampton

That the matter be deferred.

Carried Unanimously

ORDINARY MEETING MINUTES

13 20 January 2014 OM249


STRENGTHS WEAKNESSES Natural Environment Boardwalk Beach Aesthetics Management/Maintenance Views – Oliver’s Hill Seascape People Friendly Key hubs – destinations Topography / Level for travel Recreational Current paths protect sand dunes Kananook and Sweetwater Creek Linkages Cultural/Historical aspect Built Infrastructure

Discontinuity: - of paths - aesthetic disparity -lack of focus in some areas Safety issues Erosion Dog poo Deterioration of assets – ongoing maintenance Car Parking Lack of shade Accessibility -to the foreshore -thru the foreshore Toilet Facilities Budget Weed issues/ management – particularly Oliver’s hill face

OPPORTUNITIES THREATS More shade – green shade and structures Continue paths to link existing tracks More consistency in style and identity Continue boardwalks Focus path improvements between Gould Street and Kackerboite Creek *1. Create destination at Oliver’s Hill Utilise cliff faces/geology at Oliver’s Hill to create destination/walking trail Create loop from around Oliver’s Hill including link from Kackerboite Creek to Nepean hwy. Increase day/night use and off season use eg; lighting Climate change adaption *2. Improve space at Oliver’s Hill closed lookout – eg. Access and seating Marketing – registering with Victoria’s tourist bureau/ online info for tourists/ facilities and quality of beaches

Effects of Climate Change/global warming Budget Vandalism Anti social behaviour Fire risk Inappropriate development Tourists bypassing FCC Difficult engineering solutions – Oliver’s Hill Deterioration of assets in coastal environment Litter from stormwater and the bay



FORESHORE ADVISORY COMMITTEE MEETING MINUTES

Tuesday 28th November 2013 Operations Centre Meeting Room

Present:

Elizabeth Bayer, Pat Bentley, Dennis Mason, Sonya Sheppard, Christine Smith, Ginevra Hosking, Simon Tiller, Lee Halkias

Chairperson: Dennis Mason

Apologies:

None

No Items Responsibility Comments/

Action 1. WELCOME & APOLOGIES

As above. All FAC introduced themselves to Simon and explained their

background and reasons for being on the Committee Simon introduced himself to the Committee and gave an overview

of his background and reasons for applying to be on the committee DM gave background of the FAC and what is has been working on

this year

2. CONFIRMATION OF PREVIOUS MINUTES EB noted an error in the previous minutes relating to the discussion

on Jet ski’s LH provided updates on all other remaining actions DM read out draft letter to Kathleen Hassell – FAC approved

JK

DM moved GH seconded

To update previous minutes

3. PRESENTATION – FORESHORE ADVISORY COMMITTEE

LH gave a presentation on the Foreshore, the role of the Foreshore

Advisory Committee and the requirements for members of Advisory Committee’s to Council.

4. General Business : REVIEW OF CONNECTIVITY BRAINSTORMING:

FAC reviewed the SWOT analysis and considered some

recommendations based on the information in the SWOT including: a design guide/style manual; prioritise works on Olivers Hill Lookout; more shade including ti-trees; more toilets; bike racks, timber features; beach showers etc

It was noted that a main concern was the lack of continuity in Foreshore design and infrastructure and that Olivers Hill Lookout was in poor state and was the first glimpse of Frankston when leaving Mornington Peninsula



LH did note that Olivers Hill lookout is Vic road responsibility so if there were any improvement works some agreement would be required between Vic Roads and Council

FAC agreed to make the following two recommendations to Council: 1) Ask that Council make resources available to create a style guide

in consultation with the FAC to build consistency in design of Foreshore infrastructure

2) Council engage with Vicroads to beautify the Olivers Hill Lookout for the public to utilise.

3) That the FAC’s SWOT analysis of Foreshore Connectivity be noted by Council as an attachment to the report

5 General Business

Other General Business LH noted that the pier works, renourishment works and boat ramp

works were almost complete LH noted that FCC won a commendation at the National Clean Beach

Awards for Litter Prevention and Beach Rehabilitation PB noted that the location of the drinking fountain at the Waterfront

should be reviewed PB updated the FAC on the Sweetwater entrance works GH noted that there was graffiti on the wall near the Manyung Fault CS enquired as to if the FAC could be involved in the Waterfront

Festival again EB noted ivy growth at Emu Gve needed attention FAC Xmas Meeting was discussed, Judi will contact FAC with final

details

LH

LH

LH

LH JK

To follow up As above As above As above As above

NEXT MEETING 10th December 2013 – Keast Park Bowls Club



11.11 Baxter Park Pavilion Consolidation (SH Assets)

Recommendation (GMAssets)

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: and

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

Council Decision Moved: Councillor Aitken Seconded: Councillor Mayer That the matter be deferred at which time the CEO report back to the next Ordinary Meeting for the purposes of matters raised in respect to Council’s contributions policy and the potential impacts on this project and any other sporting facility project.

Carried Unanimously



10. CONSIDERATION OF TOWN PLANNING REPORTS 10.1 Planning Permit 69/2013/P - To construct four (4) double storey dwellings at 16

Denbigh Street Frankston (AS Development)

Recommendation (GMDevelopment) That Council resolves to issue a Planning Permit in respect to Planning Permit Application number 69/2013/P to construct four (4) double storey dwellings at 16 Denbigh Street, Frankston, subject to the following conditions:

Amended Plans 1. Before the development starts, amended plans to the satisfaction of the

Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the plans submitted with the application MBDG Ref: 11/015 dated 14 August 2013, revision B, but modified to show:

(a) Increase the garden bed directly opposite the west facing windows of the ground floor family/living area for Dwelling 1 to a minimum of 1.0 metre in width;

(b) A highlight window with a minimum sill height of 1.7 above the floor level to bedroom 3 of dwelling 2 on the eastern elevation;

(c) A highlight window with a minimum sill height of 1.7 above the floor level on the west elevation opposite the landing at the first storey level for dwelling 3;

(d) Swap bedroom 3 with the bathroom facilities of dwelling 3 on the first storey and provide an un-obscured window to bedroom 3 on the south elevation facing dwelling 4;

(e) A highlight window to the landing at the first level on the west elevation for dwelling 4;

(f) The Tree Protection Zone of 14 metres for the street tree corymbia ficifolia must be accurately shown;

(g) The Tree protection methodology noted in accordance with Condition 16; (h) Deletion or relocation of the pedestrian access gate and associated pathway

within the front setback in accordance with Condition 18; (i) The front fence to be deleted or re-designed in accordance with Condition

18; (j) The notation that the crossover is to be constructed under the supervision of

a qualified arborist in accordance with Condition 17; (k) Construction of driveway to be shown in accordance with Condition 19 with

the driveway and car space of dwelling 1 being air and water permeable material;

(l) Location and height of any retaining walls to be shown with finished surface levels of secluded private open space;

(m) Storage within the garage for dwellings 2-4 must be one metre above the finished floor level of the garage or within the private open space areas;

(n) Schedule of materials and colours differentiating each dwelling; (o) Landscaping in accordance with Condition 3.

No Alteration or Changes 2. The development as shown on the endorsed plans must not be altered without the

prior written consent of the Responsible Authority.



Landscaping 3. Before the commencement of buildings and works, a landscape plan prepared by

a suitably qualified person must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and will then form part of the permit. The plan must be drawn to scale with dimensions and three copies must be provided. The plan must show:

(a) a survey (including botanical names) of all existing vegetation to be retained and/or removed;

(b) buildings and trees (including botanical names) on neighbouring properties within three metres of the boundary;

(c) details of surface finishes of pathways and driveways, retaining walls and areas of cut and fill;

(d) a planting schedule of all proposed trees, shrubs and ground covers, including botanical names, common names, pot sizes, size at maturity and quantities of each plant;

(e) A planting theme of a minimum 20% indigenous, 40% native and 40% exotic within each plant group;

(f) canopy trees to a minimum mature height of five metres (minimum two metres tall when planted) in the following areas;

(i) one (1) within the front setback

(ii) one (1) within the private open space of each dwelling

Trees are not to be sited over easements. All species selected must be to the satisfaction of the Responsible Authority.

Prior to Occupation 4. The landscaping as shown on the endorsed landscape plan must be carried out

and completed to the satisfaction of the Responsible Authority before the occupation of the development and/or commencement of the use or at such later date as is approved by the Responsible Authority in writing.

Drainage 5. Provision of a Stormwater Detention System with a volume capable of retarding

the 10 year ARI flow from the development site back to a 5 year ARI pre-development value to the satisfaction of the Responsible Authority.

6. Prior to commencement of development construction detailed design plans and drainage computations of the internal stormwater drainage system including the method of connection to the existing Council drainage infrastructure are to be submitted and approved to the satisfaction of the Responsible Authority.

7. Water Sensitive Urban Design principles (WSUD) are to be incorporated into the drainage design, which may include but not be limited to the following components or a combination thereof:

• On-site stormwater detention and rainwater tanks. • Soil percolation • Stormwater harvesting and Re-use of stormwater for garden watering, toilet

flushing, etc • On-site ‘bio-treatment’ to reduce dissolved contaminants and suspended

solids.

8. Vehicle crossing shall be constructed to Frankston City Council's standards and specifications to the satisfaction of the Responsible Authority.



9. Prior to occupation of the dwellings hereby permitted by this permit starts, areas set aside for parking vehicles, loading bays, access lanes and paths as shown on the endorsed plans must be :-

(a) Constructed to the satisfaction of the Responsible Authority; (b) Properly formed to such levels that they can be used in accordance with

the plans; (c) Surfaced with an all-weather sealcoat; and (d) Drained and maintained to the satisfaction of the Responsible Authority.

Car spaces, access lanes and driveways must be kept available for these purposes at all times.

10. Where the development involves work on or access to Council controlled land including roads, reserves and right of way, the owner, operator and their agents under this permit must at all times take adequate precautions to maintain works to the highest public safety standards, to the satisfaction of the Responsible Authority.

Precautions must include, appropriate signage to AS 1743 Road Works Signing Code of Practice, the provision of adequate barricading of works, including trenches of Service Authorities and any other road openings, sufficient to ensure public safety.

All relevant permits must be obtained from Council for works within the existing road reserves, in addition to the planning permit.

Urban Design 11. All works on or facing the boundaries of adjoining properties must be finished and

surface cleaned to a standard that is well presented to neighbouring properties in a manner to the satisfaction of the Responsible Authority.

12. Mailboxes shall be provided to the proposed dwelling/s to the satisfaction of the Responsible Authority and Australia Post.

13. All plumbing work, sewer pipes etc. (except for spouting and stormwater pipes) associated with the new dwelling shall be concealed from general view.

14. Outdoor lighting must be provided, designed, baffled and located to the satisfaction of the Responsible Authority to prevent any adverse effect on neighbouring land.

15. Prior to the occupation of the development, a freestanding trellis (maximum 25% openings) must be erected above the existing fence on the western property boundary of the site to a height of 0.3 metres at the rear property boundary gradually increasing to a height of 0.75 metres generally to the south building line of dwelling 1, above the 1.8 metre high paling fence, to restrict overlooking into the adjoining residential property to the satisfaction of the Responsible Authority. The trellis must be framed and thereafter maintained to the satisfaction of the Responsible Authority

Tree Protection Zone 16. All workers on site must be advised of the 12m Tree Protection Zone for the Red

Flowering Gum (Street tree) and the requirements within the Tree Protection Zone (fenced or unfenced). Prior to the commencement of the development (including demolition) a Tree Protection Fencing defined by a 1.8 metre high (minimum) temporary fence constructed using steel or timber posts fixed in the ground or to a concrete pad, with the fence’s panels to be constructed of cyclone mesh wire or similar strong metal mesh or netting with a high visibility plastic hazard tape, must



be installed around the Red Flowering Gum from the existing crossover to the proposed crossover (within the confines of the nature strip) to the satisfaction of the Responsible Authority. A fixed sign is to be provided on all visible sides of the Tree Preservation Fencing, stating “Tree Preservation Zone – No entry without permission from Frankston City Council”. The requirements below must be observed within the entire 12m Tree Protection Zone -

a. No vehicular or pedestrian access (vehicular and pedestrian access is permitted within the unfenced area if ground protection is provided to the satisfaction of the responsible authority.)

b. The existing soil level must not be altered either by fill or excavation. c. The soil must not be compacted or the soil’s drainage changed. d. No fuels, oils, chemicals, poisons, rubbish or other materials harmful to trees

are to be disposed of or stored. e. No storage of equipment, machinery or material is to occur. f. Open trenching to lay underground services e.g.: drainage, water, gas, etc.

must not be used unless approved by the Responsible authority to tunnel beneath;

g. Nothing whatsoever, including temporary services wires, nails, screws or any other fixing device, is to be attached to the tree.

h. Tree roots must not be severed or injured unless undertaken by suitability qualified arborist

17. A suitability qualified arborist must undertake the following tree protection requirements prior to the construction of the proposed crossover:

• No excavation works are to be undertaken within a 4 m radius of the Red Flowering Gum street tree.

• The eastern edge of the proposed crossover must be hand dug under the supervision of a qualified arborist.

• Any tree roots encountered must be cleanly pruned by the arborist using an appropriate sized tool by a suitably qualified and experienced Arborist.

Front Fence 18. The front fence and pedestrian footpath and gate within the front setback of the

subject site must be re-designed with minimum impact to the street tree to the satisfaction of the Responsible authority. The front fence is to be reduced in height to 1.5 metres and must have 25% transparency. No excavation is to occur within 3.5m of the base of the street tree. Footing locations for the proposed fence for dwelling 1 must be hand dug under the supervision of a qualified arborist. Any tree roots encountered with a diameter greater than 50mm must be retained and the footing relocated. Smaller root can be cleanly pruned. Root pruning must be to the minimum extent necessary and in accordance with Australian Standards (AS4373-Pruning of Amenity Trees). The pedestrian footpath must be relocated to outside the critical root zone of 3.5m of the tree and constructed using a permeable material above the existing soil grade.

Driveway 19. The driveway and car space of dwelling 1 must be constructed of air and water

permeable material such as sand based paving, gravel, no fine concrete or similar is to be used. The driveway must be constructed above the existing soil layer. No excavation works are permitted for the construction of the driveway

Completion of Buildings and Works 20. Once the development has started it must be continued and completed to the

satisfaction of the Responsible Authority.



Permit Expiry 21. This permit will expire if one of the following applies:-

• The development is not commenced within two (2) years of the date of this permit;

• The development is not completed within four (4) years of the date of this permit;

In accordance with Section 69 of the Planning and Environment Act 1987, an application may be submitted to the Responsible Authority for an extension of the periods referred to in this condition.

Notes A. Any request for an extension of time, or variation/amendment of this permit must

be lodged with the relevant fee.

B. Prior to the commencement of construction the operator of this planning permit must obtain a non-refundable Asset Protection Permit from Frankston City Council’s Infrastructure Department.

C. Any request for time extension of this Permit shall be lodged with the relevant administration fee at the time the request is made. Pursuant to Section 69 of the Planning and Environment Act 1987 the Responsible Authority may extend the periods referred to if a request is made in writing within the following prescribed timeframes:

a. Before or within 6 months after the permit expiry date, where the use or

development allowed by the permit has not yet started; b. Within 12 months after the permit expiry date, where the development

allowed by the permit has lawfully started before the permit expires.

If a request is made out of time, the Responsible Authority cannot consider the request and the permit holder will not be able to apply to VCAT for a review of the matter.

Council Decision Moved: Councillor Aitken Seconded: Councillor Spelman That Council, resolves to issue a Refusal to Grant a Planning Permit in respect to Planning Permit Application number 69/2013/P to construct four (4) double storey dwellings at 16 Denbigh Street Frankston, subject to the following grounds:

1. The proposal does not respect the existing or preferred neighbourhood character for Frankston 3 Precinct as detailed under Clause 22.08 Neighbourhood Character Policy due to the extent of site coverage and lack of landscaping opportunities.

2. The design and layout of the development does not provide adequate opportunity for usable private open space.

3. The development proposal represents an overdevelopment of the site given the extent of hard paved areas and limited opportunities for landscaping including provision of canopy trees.

Carried Unanimously



10.2 Town Planning Progress Report (AC Development)

Council Decision Moved: Councillor Mayer Seconded: Councillor Taylor That the report be noted.

Carried Unanimously



11. CONSIDERATION OF REPORTS OF OFFICERS 11.1 Record of Assemblies of Councillors

(CH Corporate)

Council Decision Moved: Councillor Mayer Seconded: Councillor Spelman That Council receives the following written records:

• 18 November 2013;




• 2 December 2013;

• 4 December 2013 (two (2) separate records – Frankston City News Editorial Committee & Councillor briefing);

• 9 December 2013;

• 11 December 2013; and

• 16 December 2013.

Carried Unanimously



11.2 Committee Minutes (CH Corporate)

Council Decision Moved: Councillor Mayer Seconded: Councillor Spelman

That the minutes of the following Committees be received:

• Frankston Arts Centre Board of Management – 17 September 2013 (confirmed);

• Frankston City Youth Council – 19 November 2013 (confirmed);

• Frankston City News Editorial Committee – 4 December 2013 (draft);

• Foreshore Advisory Committee – 28 November (confirmed) and 10 December (draft); including FAC Connectivity SWOT dated September 2013; and

• Municipal Emergency Management Planning Committee – 24 October 2013 (draft).

Carried Unanimously



11.3 Delegated Powers, Closed Council Contract Decisions & Sundry Matters (CH Corporate)

Council Decision Moved: Councillor O'Reilly Seconded: Councillor Aitken That that information be received.

Carried Unanimously



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

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

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

2. Endorses the listed budget adjustments.

3. Endorses the current revised capital works budget as $71,610,000.

Carried Unanimously



11.10 Draft Victorian Coastal Strategy 2013 - Frankston City Council and Association of Bayside Municipalities Submissions (LH Assets)

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

1. Council formally adopt the Frankston City Council Submission to the Draft Victorian Coastal Strategy that has been lodged to the Victorian Government or note any changes (if required) and resubmit an addendum to the submission.

2. Council notes the Association of Bayside Municipalities submission to the Draft Victorian Coastal Strategy that has been lodged to the Victorian Government.

Carried Unanimously



11.12 Proposed Lease of Council Land - Part of 2R Candlebark Crescent Frankston North (MC Corporate)

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

1. In accordance with s.190(3)(b) of the Local Government Act 1989 and having complied with the provisions of s.223 of the Act with no submissions received, Council resolves to enter into a lease agreement with Community Housing Victoria Limited (CHVL), in respect of part of the land at 2R Candlebark Crescent Frankston North, being Lot 1 on Title Plan number 148960D and Lot 1 on Title Plan number 113647E, for a term of 40 years, for the sum of $1.00 per annum if demanded, for the purposes of providing long term housing accommodation for disabled residents, subject to:

1.1 Payment of Council’s Legal costs by Community Housing Victoria Limited.

2. Council delegates the final negotiations in respect of the lease documents and capital Funding Deed including authority to seal the documents to the Chief Executive Officer.

Carried Unanimously



11.13 Proposed Transfer of Land from Linking Melbourne Authority (MT Corporate)

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

1. Council accepts the appointment as Committee of Management over the land at 390 and 392F Frankston-Dandenong Road, being part of the Belvedere Bushland Reserve.

2. LMA be advised that Council is agreeable to the land adjacent to Pobblebonk Reserve, being gifted or the land being maintained by Council as Committee of Management Only.

3. LMA be advised that Council is not agreeable to the land south of Frankston-Dandenong Road (Latham’s Link) as this site should be maintained by Melbourne Water.

Carried Unanimously



12. NOTICES OF MOTION 12.1 NOM 1017 - Plaque for John Smollen

(MT Corporate)

Council Decision Moved: Councillor Tayler Seconded: Councillor Aitken

That Council approve a proposal to commit up to $1,500 from Councillor Darrel Taylor’s discretionary Fund towards the purchase and placement of a granite rock and plaque in the foreshore car park garden area to commemorate Mr. John Smollen the founder and organiser for 13 consecutive years of the Peninsula Toy Run who passed away on 30 November 2013.

Carried Unanimously



12.2 NOM 1018 - 125 years of Peninsula Football (CM Chief Executive Office)

Council Decision Moved: Councillor Cunial Seconded: Councillor Mayer That Council allocate $2,000 from Councillor Cunial’s discretionary fund to the Frankston Bombers Football Club to assist with the publication costs for their book, “Red and Black, 125 Years of Peninsula Football.

Carried Unanimously



13. LATE REPORTS 13.1 Audit and Risk Management Committee - Annual Chairperson Report for 2013

(MT Corporate)

Council Decision Moved: Councillor Mayer Seconded: Councillor Taylor That the:

1. Report be received by Council.

2. Resolution be released at the next Ordinary Meeting.

Carried Unanimously



13.2 Council Meeting Dates for 2014 (MT Corporate)

Recommendation (GMCorporate)

That:

1. Council adopts a three (3) weekly meeting cycle, to commence from 3 March 2014, to consider both Planning and Ordinary matters.

2. The Council Meeting Timetable, attached as Attachment A, be adopted and public notice be given of the remaining meeting dates for 2014.

Council Decision Moved: Councillor Mayer Seconded: Councillor Aitken

That:

1. Council adopts a three (3) weekly meeting cycle, to commence from 3 March 2014, to consider both Planning and Ordinary matters.

2. The Council Meeting Timetable, attached as Attachment A, be adopted and public notice be given of the remaining meeting dates for 2014.

3. The Statutory meeting be scheduled to be held on Wednesday 12 November at 7pm.

Carried Unanimously



14. URGENT BUSINESS

14.1

Urgent Business – Sunset Camel Rides (Cr Taylor) Council Decision Moved: Councillor Taylor Seconded: Councillor Aitken

That the matter of Sunset Camel Rides be accepted as urgent business.

Carried Unanimously

Council Decision Moved: Councillor Taylor Seconded: Councillor Aitken

1. That Council explore a tourist and commercial opportunity to seek a business operator to provide sunset Camel rides on the foreshore during the summer period similar to Broome in Western Australia.

2. That the Chief Executive Officer be delegated authority to advertise and finalise such arrangements in response to any expressions of interests received.

Carried Unanimously



14.2

Urgent Business – Crown Land (Cr Hampton) Council Decision Moved: Councillor Hampton Seconded: Councillor Mayer That the matter of Crown Land be accepted as urgent business.

Carried Unanimously

Council Decision Moved: Councillor Hampton Seconded: Councillor Aitken

1. That in response to the letter dated 30 December, 2013, Council advise the Minister for Environment and Climate Change that it does not support the sale of any permanently reserved Crown Land to adjoining owners but remains prepared to support the Minister's previous direction to issue licences to occupy up to 7.5m of Crown Land subject to the previously agreed conditions and vacation of the balance of the land.

That the Minister be further advised that the Community of Frankston is growing and much of the current and future housing growth of the City is planned in and around the Frankston CAA in apartment style living with little or no open space making existing open spaces in and around the CAA that much more valuable for current and future generations. The current pedestrian track through this reserve serves a very important function as an integral pedestrian walk way with linkages to the CAA, and across the creek at several locations connecting the beach, Gould Street and the Nepean Highway. Council remains committed to the future enhancement of this linkage and its development for recreational use which would be enhanced by increasing the separation between residential properties and the walking track where possible. Council would be pleased to continue to work with the Minister towards this end and respectfully requests the Minister not to sell any of the land to occupying adjoining owners.

2. That local State Members of Parliament be requested to support Council's position.

Carried Unanimously



14.3 Urgent Business – Car Parking (Cr Hampton) Council Decision Moved: Councillor Hampton Seconded: Councillor Aitken

That the matter of Car Parking be accepted as urgent business.

Carried Unanimously


That Council write to the State Government requesting a review of the current car parking requirements in Clause 52.06 in the State Planning provisions given:

i. increasing population and car ownership ii. current public transport service levels cannot meet the transport needs of the

Frankston community iii. lack of carparking on sites is creating car congestion on streets

Carried Unanimously



14.4 Urgent Business – Signage (Cr Aitken) Council Decision Moved: Councillor Aitken Seconded: Councillor Spelman

That the matter of Signage be accepted as urgent business.

Carried Unanimously

Council Decision Moved: Councillor Aitken Seconded: Councillor Dooley

That Council write to the State Government requesting a review of the controls over advertising signs in retail, commercial and industrial areas with the intent of providing a greater level of control over advertising signs in these areas.

Carried Unanimously

Confidential Items 49 20 January 2014 OM249


15. CONFIDENTIAL ITEMS


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 Outcomes of the Audit and Risk Management Committee - 11 October 2013 and 22 November 2013

Agenda Item C.1 Outcomes of the Audit and Risk Management Committee - 11 October 2013 and 22 November 2013 is designated confidential as it relates to Any other matter which the Council or special committee considers would prejudice the Council or any person (s89 2h)

C.2 Supply of Gymnasium Equipment to the Peninsula Aquatic Recreation Centre - Contract No. 2013/14-23

Agenda Item C.2 Supply of Gymnasium Equipment to the Peninsula Aquatic Recreation Centre - Contract No. 2013/14-23 is designated confidential as it relates to contractual matters (s89 2d)

C.3 Issuing Small Business Grants Agenda Item C.3 Issuing Small Business Grants is designated confidential as it relates to contractual matters (s89 2d)

C.4 Frankston Heights/Frankston South Kindergarten Infrastructure Proposal

Agenda Item C.4 Frankston Heights/Frankston South Kindergarten Infrastructure Proposal is designated confidential as it relates to proposed developments (s89 2e)

Carried Unanimously

Confidential Items 50 20 January 2014 OM249


The meeting closed at 10.43 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 20 & 22 January 2014, confirmed on 17 February 2014. …………………………………………………………… (Cr. Darrel Taylor, Chairperson – Council Meeting) Dated this day of 2014

minutes of ordinary meeting - 20 january 2014 · minutes of ordinary council meeting of the...

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