Council Chambers Civic Centre Boxshall Street Brighton · Matthew Cripps – A/Director City Planning & Amenity Adam McSwain – Director Environment, Recreation and Infrastructure

Ordinary

Meeting of

Council

Council Chambers

Civic Centre

Boxshall Street Brighton

Tuesday 28 April 2020 at 7pm

Minutes

Bayside City Council Ordinary Council Meeting - 28 April 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 Matthew Cripps – A/Director City Planning & Amenity Adam McSwain – Director Environment, Recreation and Infrastructure Terry Callant – Manager Governance & Corporate Reporting Jason Stubbs – Manager Commercial Services

Table of Contents

1. Prayer

2. Acknowledgement of Original Inhabitants

3. Apologies

4. Disclosure of any Conflict of Interest of any Councillor

5. Adoption and Confirmation of the minutes of previous meeting

6. Public Question Time

7. Petitions to Council

8. Minutes of Advisory Committees

8.1 Assembly of Councillors Record ................................................ 10

9. Reports by Special Committees


Page No. 3

10. Reports by the Organisation

10.1 Smoking bans for all Bayside beaches including Ricketts Point Marine Sanctuary, Brighton Dunes and surrounds .................... 12

10.2 Response to Notice of Motion - 292 - Trial Graffiti Removal Hampton Street Major Activity Centre ....................................... 13

10.3 Wilson Recreation Reserve - Brighton Grammar School .......... 14

10.4 2020 Bright n Sandy Food and Wine Festival Review ............... 15

10.5 Commitment to Electricity Procurement for Large Market Sites and Public Lighting, and Small Market Sites .................................... 17

10.6 Council Plan 2017-21 (2020 Review) ........................................ 18

10.7 Proposed Discontinuance and Sale of Land adjoining 2A Maysbury Avenue, Brighton ...................................................... 19

10.8 Proposed Discontinuance and Sale of Road Adjoining 28 & 30 Boxshall Street, Brighton ........................................................... 20

10.9 Proposed Discontinuance and Sale of Land adjoining 173 Bluff Road, Black Rock (Stage 2) ...................................................... 21

10.10 Proposal to enter into a lease of Council Depot at 144 Talinga Road, Cheltenham .................................................................... 22

10.11 Council Action Awaiting Report ................................................. 23

11. Reports by Delegates

12. Urgent Business

13. Notices of Motion

13.1 Notice of Motion - 294 - Proposed roundabout upgrade and pedestrian crossing at corner Church / St Andrews Streets, Brighton ..................................................................................... 26

14. Confidential Business

14.1 Minutes of the Chief Executive Officer's Employment Matters Committee held on 20 April 2020 .............................................. 27

14.2 Negotiations in relation to the CSIRO site ................................. 27

14.3 Proposed Transfer of Ownership of Regional Kitchen Pty Ltd... 27


Page No. 4

The Mayor declared the meeting open at 7pm and advised members of the public gallery that the Council meeting is being recorded and streamed live on the internet to enhance the accessibility of Council meetings to the broader Bayside Community.

The Mayor invited Cr Castelli to read the prayer.

1. Prayer

Cr Castelli read the prayer at the commencement of the meeting.

O God Bless this City, Bayside, Give us courage, strength and wisdom, So that our deliberations, May be for the good of all, Amen

2. Acknowledgement of Original Inhabitants

The Mayor invited Cr Grinter 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. 5

Procedural Motion

Moved: Cr del Porto Seconded: Cr Evans

That the April 2020 Ordinary Meeting of Council be closed to members of the public attending the meeting in the gallery, given the necessity for the meeting to proceed in an orderly manner whilst maintaining social distancing and limiting 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

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 24 March 2020.

Moved: Cr del Porto Seconded: Cr Long

That the minutes of the Ordinary meeting of Bayside City Council held on 24 March 2020, as previously circulated, be confirmed as an accurate record of proceedings.

CARRIED

6. Public Question Time

In accordance with Section 64 of Council’s Governance Local Law No 1, 8 public questions were submitted to the Meeting. In accordance with the resolution at the March 2020 Ordinary Meeting of Council, temporary meeting procedures with regard to public question time are in place:

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

All questions and responses will be recorded in the minutes.

A written response will be provided to all questions received.


Page No. 6

1. Mr Andrew McLorinan

Mr Andrew McLorinan submitted a question regarding a motion carried on 21 May 2019, that Council refer consideration to regulate parked mobile billboards and ‘for sale’ cars, caravans, boats and other equipment on a road or Council land to the next scheduled review of Council’s Consolidated Local Law No.2 ‘Neighbourhood Amenity’. Mr McLorinan asked:

a) As we approach the anniversary of the motion can Council advise what is Council’s review cycle for local laws?

b) When will this matter be dealt with / resolved?

Response

At Council’s Ordinary Meeting on 18 February 2020, Council resolved to support the introduction of a new Local Law to control the long term parking of caravans, boats and trailers on roads and Council Land as part of the scheduled review of the entire Local Law No. 2 ‘Neighbourhood Amenity’.

A comprehensive review of Council’s Local Law No. 2 commenced in April 2020.

The comprehensive review of the local law is anticipated to be completed by no later than June 2021, after completing extensive community consultation and engagement.

2. Mr Andrew McLorinan

Mr McLorinan submitted a further question, regarding the Hampton Street shopping precinct, and he asked:

a) Does Bayside Council recognise that there is a problem or challenge with Hampton St relative to other comparable “high street” shopping precincts such as Church St in the city of Bayside?

b) What does Bayside City Council propose to do to arrest the decline of retailing in Hampton St?

Response

Hampton Street has experienced a higher level of transition in recent years from commercial to mixed use development compared with that experienced by the majority of activity centres in Bayside.

Officers have been working closely with the Hampton Street Traders Association and more recently with the Hampton Neighbourhood Association to look at opportunities to improve the amenity in the area and increase footfall to the street to support business activity.

COVID-19 has posed new challenges to the already testing retail environment. We continue to work with our local businesses in these difficult times to support our local economy and the community.


Page No. 7

3. Mr Peter Boyle

Mr Peter Boyle submitted a question regarding budget figures published in the February Council Agenda, and he asked:

The 18 February meeting Operating result to December 2019 P.427 of the Agenda papers showed unfavourable costs to budget for Legal fees of $921,000 in total for four items. Please advise:

a) For the Year ending June, 2020 what, for each of those four items, are the forecasts; budgets; variance; and for the total of all legal costs the forecast; budget; variance.

b) In view of the non budgeted and material overspend off legal costs why has a revised budget not been prepared?

Response

a) For each of the four items the unfavourable forecast variance is as stated in the report $921,000. The 2019/20 budget for total legal costs is $764,355. The total year end forecast for legal costs is $1,289,082 resulting in an unfavourable variance of $524,727.

b) A revised budget is not required to be prepared under s128 of the Local Government Act as this is not considered a material change to the budget.

4. Mr Peter Boyle

Mr Boyle submitted a further question in relation to budget figures published in the February Council Agenda, and he asked:

The report to the 18 February, 2020 meeting of Council included Section 5 - Capital Works Program Progress (P.436 of Agenda). This included five projects totalling $2.815 million were funded by "an increase in the confirmed carry forward of project budgets from 2018/19 funded from an equivalent increase in carry forward reserves." It was also reported that there were three projects brought forward from 2020/21 which totalled $2.330 million. So Council expects to spend $5.145 million not in the 2019/20 budget. Please advise: Why has Council not prepared, submitted and approved a revised budget in respect of this humongous non budgeted work?

Response

The projects in question are funded from reserves carried forward from 2018/19 or brought forward from 2020/21 due to the timing of project delivery. A revised budget is not required to be prepared under s128 of the Local Government Act as this is not considered a material change to the budget.


Page No. 8

5. Mr George Reynolds

Mr George Reynolds submitted a question regarding the 2020 review of the Council Plan 2017-2021, and he asked:

Council has published the 2020 version of the Council Plan for the purpose of adoption using the s223 process in the LGA.

a) what purpose does this action serve given that s125(2)(d) of the LGA requires that "A Council Plan must include a Strategic Resources Plan containing the matters specified in s126", and

b) does the Strategic Resources Plan (apparently still under preparation) contain a Standard Income Statement for Own-Source Revenue as required bys126(2)(a)?

Response

a) Recent advice from the Minister for Local Government extended the adoption period for the Strategic Resource Plan and the budget until 31 August 2020, but did not extend the review period of the Council Plan. It should be noted that the Strategic Resource Plan is a separate document to the Council Plan, and it is anticipated that the Strategic Resource Plan will be presented to Council at its May meeting.

b) The Strategic Resource Plan will be prepared in accordance with S126 of the Local Government Act.


Mr George Reynolds submitted a further question. The questions relates to the public notice for the proposal to enter into a ground lease of Sandringham Golf Links, and Mr Reynolds asked:

Council, in its published notice required under s223 of the LGA, for the occupancy lease of the Sandringham Golf Course has published some details of the lease as it relates to the land but has concealed all information relating to the right of use assets:

a) how does this part publication of the proposed lease meet the requirements of s190(3) of the Local Government Act 1989, and

b) does Council intend the part of the lease agreement relating to right of use assets be extended by the lessee to other non-rent paying parties?

Response

a) At the 24 March 2020 Council meeting, Council resolved to commence the statutory processes to lease. Council has complied with the statutory requirements of section 190 part 3 of the Local Government Act 1989. The statutory notice provides the essential terms of the lease including proposed tenant, purpose, term and rental.

b) The lease operates under the Retail Leases Act. As outlined in the Council report of 24 March 2020, the tenant proposes to offer a sublease to a third party. This is a right of the tenant; however, at this point in time Council has not agreed to the Head Lease proposal which remains subject to the statutory consultation process.


Page No. 9

7. Mr Kevin Spencer

Mr Kevin Spencer submitted a question regarding measures undertaken by Council as a result COVID-19, and he asked:

Due to the Covid-19 virus what effect has it had on the City of Bayside such as follows.

a) How many full and part time employees of Bayside City Council have been made redundant?

b) Will Bayside City Council be providing increased Rate relief for ratepayers experiencing financial hardship due to the pandemic?

Response

a) There have been no redundancies for either full-time or part-time employees as a result of Covid-19.

b) Council has approved the simplification of the application process for ratepayers who wish to take advantage of Council's Hardship Policy due to the pandemic crisis. The policy allows the deferral of rates and the waiving of penalty interest for up to 12 months.

8. Mr Kevin Spencer

Mr Spencer submitted a further question. The question relates to public art works held by Council, and Mr Spencer asked:

Regarding Public Art Works in City of Bayside completed in the last few years.

a) Where are these works of art located?

b) What has been the total cost of each work including installation?

Response

A spreadsheet has been prepared outlining the four public art installations and one proposed installation. All details will be forwarded to Mr Spencer outlining the completion date, location and costs.

7. Petitions to Council

There were no petitions submitted to the meeting.


Page No. 10

8. Minutes of Advisory Committees

8.1 ASSEMBLY OF COUNCILLORS RECORD

Corporate Services - Governance File No: PSF/20/12 – Doc No: DOC/20/100136

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

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

31 March 2020 Strategic Issues Discussion

2 April 2020 Strategic Issues Discussion

14 April 2020 Councillor Briefing.

CARRIED

9. Reports by Special Committees

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


Page No. 11

10. Reports by the Organisation

REQUESTS TO BE HEARD: In accordance with the resolution at the March 2020 Ordinary Meeting of Council, temporary meeting procedures with regard to requests to be heard are in place:

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 Response to Notice of Motion - 292 - Trial Graffiti Removal Hampton Street

Major Activity Centre

1. Mr Ken Beadle

2. Mr Kieran Cromie

Item 10.3 Wilson Recreation Reserve - Brighton Grammar School

1. Mrs Carina Louw

2. Ms Milena Penca

3. Ms Jenny Williams

4. Mrs Michelle Blumfield


6. Mr Warwick Cavanagh

7. Mr Mark George

8. Mr Bernard Mutimer

9. Mr Kevin Culliver OAM

Item 10.4 2020 Bright n Sandy Food and Wine Festival Review

1. Mrs Emma-Kate McCarthy

2. Mr Bryce Gardiner

3. Ms Marlene Johnson

4. Mr Mike Hoyle

5. Mr Kieran Cromie

6. Mr David Cooper

Item 10.6 Council Plan 2017-21 (2020 Review)



Page No. 12

10.1 SMOKING BANS FOR ALL BAYSIDE BEACHES INCLUDING RICKETTS POINT MARINE SANCTUARY, BRIGHTON DUNES AND SURROUNDS

City Planning & Amenity - Amenity Protection File No: PSF/20/4 – Doc No: DOC/20/101160

Moved: Cr Evans Seconded: Cr del Porto

That Council:

1. Notes the positive support from the community for Council to declare all Bayside Beaches (sand only) including Ricketts Point Marine Sanctuary, the Brighton Dunes and surrounds smoke free.

2. Declares all Bayside Beaches (sand only) including Ricketts Point Marine Sanctuary, the Brighton Dunes and surrounds smoke free under Clause 68 of Council’s Local Law No.2 ‘Neighbourhood Amenity’ in accordance with Attachment 1.

3. Causes signs to be erected and maintained for the areas declared as smoke free areas.

4. Informs the community of the new smoke free areas.

5. Refers the possible extension of the smoke free zone to all foreshore reserve areas (considering the inclusion or exclusion of car park areas) on the western side of Beach Road, between Charman Road Beaumaris and Head Street Brighton for consideration as part of the complete review of Local Law No: 2.

CARRIED


Page No. 13

10.2 RESPONSE TO NOTICE OF MOTION - 292 - TRIAL GRAFFITI REMOVAL HAMPTON STREET MAJOR ACTIVITY CENTRE

Environment, Recreation & Infrastructure - City Assets & Projects File No: PSF/20/6 – Doc No: DOC/20/103708

It is recorded that Mr Ken Beadle and Mr Kieran Cromie each made a submission in

relation to this item.


That Council endorses the proposed graffiti removal trial in Hampton Street Activity Centre in line with the process outlined in this report.

Procedural Motion Moved Cr del Porto Seconded Cr Evans That Cr Grinter be granted a one minute extension of time to speak in support of his motion.

CARRIED The substantive motion moved by Cr Grinter and seconded by Cr Evans was PUT and

CARRIED


Page No. 14

10.3 WILSON RECREATION RESERVE - BRIGHTON GRAMMAR SCHOOL

Environment, Recreation & Infrastructure - Open Space, Recreation & Wellbeing File No: PSF/20/18 – Doc No: DOC/20/93364

It is recorded that Mrs Carina Louw, Ms Milena Penca, Ms Jenny Williams, Mrs Michelle

Blumfield, Mr George Reynolds, Mr Warwick Cavanagh, Mr Mark George, Mr Bernard

Mutimer and Mr Kevin Culliver OAM each made a submission in relation to this item.

It is recorded that Councillor Grinter (Deputy Mayor) left the Meeting at 7:42 pm and Councillor Grinter (Deputy Mayor) returned to the Meeting at 7:44 pm.

Moved: Cr Heffernan Seconded: Cr Evans

That Council:

1. Provides in-principle support for Brighton Grammar School to commence the Statutory Planning process to construct a sports pavilion at Wilson Recreation Reserve, Brighton.

2. Commences discussions to develop a 21 year licence agreement with Brighton Grammar School for use of upgraded sportsground and pavilion facilities at Wilson Recreation Reserve, Brighton that reflects Brighton Grammar School’s current usage for winter School rugby, lunch break overflow and physical education/sports lessons.

3. Consults with Bayley House to ensure that the existing cooperative arrangement with Brighton Grammar School regarding shared passive use of Wilson Reserve as a weekday break out space for students and clients continues unchanged and that construction and location of the proposed sports pavilion not unreasonably impede or restrict direct access from the Bayley House site.

4. Ensures that local Bayside community cricket clubs, including Brighton Cricket Club are consulted during the construction design process and provided priority to apply for summer sporting allocation for the months of October to March.

5. Develops a Memorandum of Understanding that details Brighton Grammar School’s financial commitment to upgrade the sportsground and construct a sports pavilion at Wilson Recreation Reserve, Brighton.

6. Receives a report at a future Council meeting detailing the outcome of the Statutory Planning and license agreement negotiation processes.

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. 15

10.4 2020 BRIGHT N SANDY FOOD AND WINE FESTIVAL REVIEW

Environment, Recreation & Infrastructure - Open Space, Recreation & Well Being File No: PSF/20/18 – Doc No: DOC/20/44488

It is recorded that Mrs Emma-Kate McCarthy, Mr Bryce Gardiner, Ms Marlene Johnson, Mr

Mike Hoyle, Mr Kieran Cromie and Mr David Cooper each made a submission in relation to

this item.

Moved: Cr del Porto Seconded: Cr Castelli

Part A

That:

1) Council exercise the option under Contract 19/22 with Fruitbowl productions for the delivery of the Bright n Sandy Food and Wine Festival for 2021 subject to agreement to amendments to the contract as follows:

a) A discounted Exhibitor fee for Bayside traders of $500.

b) A minimum of 35% local trader participation to be guaranteed or the event not proceed.

2) If agreement cannot be reached with the contractor, the Festival not proceed and the funding be redirected to support other community based events across the City.

3) The Economic Development Team engages in face-to-face promotion of the Festival through the relevant traders associations.

Part B

That Council continues to support local shopping traders through the Economic Development program of events and festivals with an allocation of $90,000 in the 2020/21 Budget, to undertake a range of activities to assist our vibrant activity centres to recover from the effects of COVID-19.

The Motion was PUT and a DIVISION was called: DIVISION: FOR: Crs Alex del Porto, James Long and Sonia Castelli (3)

AGAINST: Crs Laurence Evans, Michael Heffernan, Clarke Martin (Mayor) and Rob Grinter (Deputy Mayor) (4)

LOST


Page No. 16


That Council: 1. Ceases the Bright n Sandy Food and Wine Festival at Green Point, Brighton.

2. Reallocates the current Draft 2020/21 Budget allocation of $155,000 for the Bright n

Sandy Food and Wine Festival towards the development of a new program of smaller, community based events held in different Bayside localities.

3. Ensures this new program of community based events complements the series of trader/activity centre events already supported by Council.

4. Conducts and promotes an Expression of Interest process for commercial event providers to conduct a food, beverage and music event at Green Point, Brighton.

5. That Council continues to support local shopping traders through the Economic

Development program of events and festivals with an allocation of $90,000 in the 2020/21 Budget, to undertake a range of activities to assist our vibrant activity centres to recover from the effects of COVID-19.

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

Heffernan, Clarke Martin (Mayor), Sonia Castelli and Rob Grinter (Deputy Mayor) (7)

AGAINST: Nil (0)

CARRIED


Page No. 17

10.5 COMMITMENT TO ELECTRICITY PROCUREMENT FOR LARGE MARKET SITES AND PUBLIC LIGHTING, AND SMALL MARKET SITES

Environment, Recreation & Infrastructure - Environment File No: PSF/20/16 – Doc No: DOC/20/94723

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

That Council: 1. Authorises the Chief Executive Officer to sign all necessary agreements with the

awarding retailer as determined by Procurement Australia to procure electricity for Public

Lighting and Large Market electricity sites.

2. Commits to participating in Procurement Australia’s Contract 0638/2206 for the

procurement of electricity for its Small Market sites for a period commencing 1 July 2020

and ending 30 June 2023.

3. Authorises the Chief Executive Officer to sign all necessary agreements with the

awarding retailer as determined by Procurement Australia to procure electricity for Small

Market electricity sites.

CARRIED NOTE: Item 10.5 was CARRIED as part of a block motion.


Page No. 18

10.6 COUNCIL PLAN 2017-21 (2020 REVIEW)


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


That Council:

1. Adopts in-principle the Council Plan 2017-2021 (2020 Review) and Annual Action Plan 2020/21.

2. Gives public notice of the Council 2017-21 (2020 Review), and makes copies available for public inspection purposes.

3. Establishes a Special Committee of Council in accordance with Section 223 of the Local Government Act 1989 consisting of all Councillors with a quorum of four (4) Councillors to hear submissions in relation to the Council Plan 2017-21 (2020 Review) on Wednesday 24 June 2020 at 6:30pm at the Council Chambers, Boxshall Street, Brighton or via electronic means of communication.

CARRIED


Page No. 19

10.7 PROPOSED DISCONTINUANCE AND SALE OF LAND ADJOINING 2A MAYSBURY AVENUE, BRIGHTON

Corporate Services - Commercial Services File No: PSF/20/7 – Doc No: DOC/20/72618


That in accordance with the Local Government Act 1989 Council:

1. Resolves to discontinue and sell the subject road reserve adjoining 2A Maysbury Avenue, Brighton, by private treaty, to the adjoining owners of 2A Maysbury Avenue, Brighton for $38,000 plus GST.

2. Authorises the Director Corporate Services to undertake the necessary procedures to discontinue and sell the subject portion of road reserve via private treaty, and retain all easements on title in favour of the appropriate Authority.

3. Directs a public notice to be published in the Victoria Government Gazette.



Page No. 20

10.8 PROPOSED DISCONTINUANCE AND SALE OF ROAD ADJOINING 28 & 30 BOXSHALL STREET, BRIGHTON



That in accordance with the Local Government Act 1989 Council:

1. Resolves to discontinue and sell the subject road to the adjoining owner of 3/30 Boxshall Street, Brighton for $210,000 including GST, as identified by the cross-hatched area shown in Attachment 1.

2. Authorises the Director Corporate Services to undertake the necessary procedural steps to discontinue and sell the subject road via private treaty, and retain all easements on title as required in favour of the appropriate Authority.

3. Directs a Public Notice to be published in the Victoria Government Gazette.



Page No. 21

10.9 PROPOSED DISCONTINUANCE AND SALE OF LAND ADJOINING 173 BLUFF ROAD, BLACK ROCK (STAGE 2)



That in accordance with the Local Government Act (1989), Council:

1. Resolves to discontinue the right of way adjoining 4/56, 60-62, 5/64, 4/64, 66, 68, 70, 72, 74 Edward Street, Sandringham; 5/175, 173 Bluff Road and 47, 49, 51, 53, 55, 57, 59, 61, 63, 65, 2/67 Red Bluff Street, Black Rock.

2. Sells the portion of the right of way adjoining 4/64 Edward Street, 66 Edward Street and 59 Red Bluff Street, to the adjoining owners of 4/64 Edward Street, 66 Edward Street and 59 Red Bluff Street, for $60,000 (plus GST), $33,000 (plus GST) and $20,000 (including GST) respectively.

3. Takes title in Council’s name to the subject right of way adjoining 4/56, 60-62, 5/64, 68, 70, 72, 74 Edward Street, Sandringham; 5/175, 173 Bluff Road and 47, 49, 51, 53, 55, 57, 61, 63, 65, 2/67 Red Bluff Street, Black Rock.

4. Authorises the Director Corporate Services to undertake the necessary procedure to discontinue the subject right of way, sell the subject portion adjoining the rear of 4/64 Edward Street, 66 Edward Street and 59 Red Bluff Street via private treaty, take title in Council’s name to the remainder of the right of way, and retain all easements on title in favour of the appropriate Authority.

5. Directs a Public Notice to be published in the Victoria Government Gazette.



Page No. 22

10.10 PROPOSAL TO ENTER INTO A LEASE OF COUNCIL DEPOT AT 144 TALINGA ROAD, CHELTENHAM



That Council authorises the Director Corporate Services to execute a new lease to Citywide Services Solutions Pty Ltd on the following key terms:

Purpose: Office, storage and operational depot

Commencement Date: Date upon which the lease is executed by both parties

Term: 7 years

Options: 3 x 1 year

Rent: $160,730 plus GST per annum

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

implemented annually.



Page No. 23

10.11 COUNCIL ACTION AWAITING REPORT



That Council notes the Council Action Awaiting Report.



Page No. 24

11. Reports by Delegates

1. Association of Bayside Municipalities – Cr Laurence Evans indicated that the ABM has not conducted a recent meeting.

2. MAV Environment Committee – Director Environment, Recreation & Infrastructure indicated that the Committee has not met since the previous meeting.

3. Metropolitan Transport Forum – Director Environment, Recreation & Infrastructure reported that on Wednesday 1 April 2020, Council’s Acting Coordinator Transport Planning attended the MTF Forum.

A Presentation by Mandi Mees from National Transport Commission (NTC), presented a review of personal and motorised mobility devices (PMD, MMD). The discussion topics included the following: a. An evolution of mobility; b. Lifestyle vs mobility requirement; c. Freedom of mobility and safety; d. NTC seeking ways to remove regulatory barriers; e. Development of Personal Mobility Devices (PMD) regulatory framework, draft prepared; and f. Options put forward for senior transport leaders to consider. Victoria Walks raised their concerns towards (PMD) particularly the potential impact on elderly pedestrians. The summary response provided by Mandi was that “no simple answers at this time. It’s a work in progress”.

Impacts of COVID-19 towards MTF Strategic Transport Advocacy Plan were discussed.

4. Municipal Association of Victoria – Cr Alex del Porto Indicated that the MAV has not conducted a meeting since the previous meeting.

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


Page No. 25

6. Metropolitan Local Government Waste Forum – The Mayor Cr Clarke Martin indicated that he attended the Waste Forum with the Director Environment, Recreation and Infrastructure on the 16 April 2020.

This was the first online meeting of the MLGW. A presentation from the MLGW CEO Jill Riseley updating on the State wide waste situation through the Covid-19 pandemic was provided:

Generally speaking, waste operations are continuing as usual; however, some Councils are reviewing landfill/transfer stations operating hours and the materials accepted

MLGW and others are completing weekly briefings of the Minister

EPA are supporting councils where required to modify bin pick-up hours

Some of the small to medium size waste companies e.g. e-waste companies are being significantly financially impacted by the pandemic

There has been an increase in both legal and illegal dumping of waste

The State Government and MLGW are developing an education campaign to highlight legal disposal opportunities.

CEO Jill Riseley also highlighted some non Covid-19 items:

The EPA full licence for the organic facility in Dandenong has been approved

The South East Advanced Waste Facility EOI process has closed and had a strong level of interest

The North West Advanced Waste Facility is to have a feasibility study completed

International Compost Awareness week is the first week in May. Angela Hoefnagels from the Department of Land, Water, Environment and Planning (DELWP) presented an update on Recycling Victoria and the Circular Economy Policy:

Recycling Victoria remains a priority for the Government and is being seen as a potential vehicle to assist the economy in coming out stronger and more resilient from the pandemic

The roll-out of the Circular Economy Policy is still continuing in line with the current timeframes

DELWP would like to hear from councils about particular areas we would like them to continue progressing with regards to the Circular Economy Policy and those areas that due to the pandemic are less important

A number of councils asked about the possibility of delaying the implementation of the increased landfill levy. Advocacy has been taking place with a number of councils writing to the Minister to ask for it to be deferred

The Container Deposit Scheme (CDS) is still in the early days of development and the type of bottles it will or won’t accept is still being considered.

Moved: Cr Grinter Seconded: Cr Castelli

That the Reports by Delegates be received and noted.

CARRIED


Page No. 26

12. Urgent Business

There were no items of Urgent Business submitted to the meeting.

13. Notices of Motion

13.1 NOTICE OF MOTION - 294 - PROPOSED ROUNDABOUT UPGRADE AND PEDESTRIAN CROSSING AT CORNER CHURCH / ST ANDREWS STREETS, BRIGHTON


Procedural Motion

Moved Cr Evans Seconded Cr Grinter That Cr Heffernan be granted leave to amend his Notice of Motion.

CARRIED It is recorded that Cr Heffernan was granted leave of the meeting to amend his Notice of Motion.

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

That given the lack of support from Church Street traders, and given that there are already 4 pedestrian crossings in a 500 metre stretch of the Church Street shopping centre, as well as the failure to meet Federal Blackspot Program funding criteria, that Council:

1. Puts on hold the proposed roundabout upgrade and pedestrian crossing at the corner of Church Street and St Andrews Street, Brighton while it considers the feasibility of constructing a pedestrian crossing in front of the Dendy Centre, Church Street, Brighton and approximately opposite 15 Church Street, and the feasibility report be considered at the June 2020 Ordinary Meeting of Council.

The Motion was PUT and a DIVISION was called: DIVISION: FOR: Crs Laurence Evans, Michael Heffernan, Clarke Martin (Mayor)

and Rob Grinter (Deputy Mayor) (4) AGAINST: Crs Alex del Porto, James Long and Sonia Castelli (3)

CARRIED


Page No. 27

14. Confidential Business


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

Procedural Motion

Moved Cr Evans Seconded Cr Heffernan

That the meeting be adjourned for 10 minutes.

CARRIED

It is recorded that the meeting was adjourned at 9:07pm.

Table of Contents

14.1 MINUTES OF THE CHIEF EXECUTIVE OFFICER'S EMPLOYMENT MATTERS COMMITTEE HELD ON 20 APRIL 2020 (LGA 1989 Section 89(2)(a) and (d) personnel matters and contractual matters.)

14.2 NEGOTIATIONS IN RELATION TO THE CSIRO SITE (LGA 1989 Section 89(2)(d) contractual matters.)

14.3 PROPOSED TRANSFER OF OWNERSHIP OF REGIONAL KITCHEN PTY LTD (LGA 1989 Section 89(2)(d) contractual matters.)

It is recorded that the meeting was closed to members of the public viewing the meeting to enable Council to consider the above listed items in Confidential Business. Following consideration of Confidential Business, the Chairperson declared the meeting closed at 9:23pm.

Documents

Council Chambers Civic Centre Boxshall Street Brighton · Matthew Cripps – A/Director City Planning & Amenity Adam McSwain – Director Environment, Recreation and Infrastructure