Council Meeting highlights – 31 August 2020

Thursday 10 September 2020

Council received verbal updates from the Mayor on the following committee meetings:

  • LGA 2020 meeting on 21 August 2020
  • Meeting with Local Government Minister and Melbourne Mayors on 28 August 2020
  • Acknowledge audit on Councillor Expenses and conferences that Councillors attended
  • Acknowledged the MAV State Council dinner where Councillors were recognised for years of service as a Councillor
  • SECCA meeting

11.1 – Town Planning Application No. 5/2020/S173 - 325 Nepean Highway Frankston - To amend Section 173 Agreement.

Council denied this application for the following reasons:

  • There has been no change in circumstance to necessitate the amendment.
  • The agreement does not need to be amended to achieve the desired outcome of allowing occupation by those over 50.
  • The agreement is still required to achieve the underlying purpose.
  • There would be persons who would be disadvantaged from the ending of the agreement.
  • The amendment removes Council’s contractual control by deleting the words ‘’without the further written consent of Council”.

Council will continue discussions with the owners of the development on potential mechanisms (including potential modifications to the current Section 173 Agreement, particularly in regards to residents over the age of 50) to improve the safety and amenity of the land for occupants and neighbours.

11.2 – Frankston Planning Scheme Amendment C140 - Green Wedge Management Plan 2019 - Report on public exhibition and submissions and request to the Minister for Planning to appoint an Independent Planning Panel to consider submissions.

Council noted the amendment was publically exhibited for a period of six weeks with 40 submissions received. Council will continue to progress the Amendment and authorised officers to write to the Minister for Planning to request an Independent Planning Panel to be appointed to consider the submissions. All submitters will be notified of Council’s decision and a report will be presented back to Council no later than March 2021.

12.1 – Council received its Notices of Motion Report for 31 August and Urgent Business Status Update for the same period. Council noted that a total of 25 resolutions have been completed.

12.2 – The monthly Update on Coronavirus was received. Council also approved the rent waivers for the Frankston District Basketball Association, Frankston District Netball Association and the Frankston Yacht Club from 1 April 2020 to 30 September 2020, along with a waiver of further monthly charges during the 2020–2021 financial year, until the premises resumes occupation, following a lifting of COVID-19 restrictions.

Further to this, Council approved its formerly in-principle endorsement to extend the rate waiver to other owner/occupiers who can could demonstrate genuine hardship, along with an extension on the freezing of overdue interest until June 2021.

12.3 – Seven records of assemblies of Council were received dating from between 6 July and 10 August 2020.

12.4 – Council receives the minutes of the following Committees to which a Councillor delegate are appointed:

  • Centenary Park Golf Liaison Committee – May 2020
  • Frankston Charitable Fund Committee – April 2020
  • Major Local Community Events Grant 2020-21: Assessment Panel – August 2020
  • Municipal Emergency Planning Committee – June 2020
  • South East Councils Climate Change Alliance (SECCA) Councillor Advisory Group – June 2020
  • Soccer Liaison Committee – June 2020
  • Metropolitan Local Governments’ Waste Forum – June 2020

12.5 – Council received the Minutes from the Frankston Arts Board meeting, hosted 28 July and noted the FAB’s recommendation to adopt the Frankston Arts & Culture Strategy 2020–2023. Further to this, Council:

  • Noted the Board was established as a Section 86 Committee
  • Noted Section 86 Committees under the Local Government Act 1989 have been repealed and replaced with Delegated Committees under Section 63 of the new Local Government Act 2020
  • Noted that at its meeting on 20 July 2020, Council approved the transitioning of the Board to become an Arts Advisory Committee (Committee) from 1 September 2020
  • Revoked the Instrument of Delegation for the Board dated 29 January 2018
  • Adopted the Committee’s Terms of Reference, to be effective from 1 September 2020

12.6 – Council received the Minutes from the Frankston Cemetery Trust meeting on 10 August 2020 and noted the Trust’s support for the reinstatement of Caretaker function, for which options will be considered by Council at a future Council meeting. Council will send a letter to DHHS in relation to the refurbishment of the on-site toilet block.

12.7 – Council adopted the Public Interest Disclosure Policy, following a six week public submission process which garnered no submissions.  

12.8 – Council adopted the Procurement Policy 2020-2021, following a four week public submission process which garnered no submissions.  

12.9 – Council noted the draft Council Expenses Policy and the draft Public Transparency Policy were both publicly exhibited for a period of four weeks, and that no written submissions were received. Council adopted both policies, noting that the Council Expenses Policy supersedes the Councillor Expense Reimbursement Policy from 1 September 2020.

12.10 – Council noted the draft Governance Rules were publicly exhibited for a period of four weeks, and that no submissions were received. As a result, the Rules were adopted. 

12.11 – Council noted the proposed Governance Local Law 2020 was advertised in accordance with the requirements of sections 119 and 223 of the Local Government Act 1989 – and that no submissions were received. Having complied with legislative requirement, Council resolved to make the Governance Local Law 2020 for the following reason:

The proposed Local Law will provide procedures to regulate the use of the Common Seal; provide for offences in the event of inappropriate conduct at Council meetings and Delegated Committee meetings; provide for offences in relation to the misuse of the common seal or any petition or joint letter; and set penalties for offences.

Council authorised the Law to be signed and sealed, and notice given to the Victorian Government Gazette along with the placement of a public notice. A copy for Law will be send to the Minister for Local Government.

12.12 – Council noted that the schedule of policy and strategy work, previously adopted by Council on 20 July 2020, includes the development of the Sustainable Economy Strategy and Skilled Community Workforce Strategy (SESSCWS). Council endorsed the Community Engagement Plan to commence the development of the Strategy. Council requested that a draft of the strategy be presented back to Council in March 2021 for public exhibition consideration.

Council noted that an Emerging Ideas Paper will be presented to Councillors in December 2020, summarising engagement results, research and analysis completed and identified ideas and issues to be considered within the draft policies and strategies.

12.13 – Council noted that the Frankston Arts and Culture Strategy was consulted on for a period of five weeks and that 227 responses were received. Council resolved to endorse the Strategy and notify submitters of its decision.

12.14 – Council noted the funding allocations in relation to grants in the repurposed Miscellaneous Grants Program, and community concessions and discounts at the Frankston Arts Centre for the period 1 April to 30 June 2020. Council further noted:

  • Overall total expenditure in the Miscellaneous Grants Program for the 2019–2020 financial year was $42,092
  • Overall total community concessions and discounts in the Frankston Arts Centre for the 2019-2020 financial year was $156,293
  • The impact of COVID19 on the delivery of McClelland Sculpture Park and Gallery’s “Senses Early Childhood Art and Environment Program” funded through the 2019-2020 standing grants program and approves the request from McClelland Sculpture Park and Gallery to rollover the unspent grant funds of $44,000 (exc. GST) into the 2020-2021 financial year in order to complete the delivery of the program
  • That the Carrum Downs Toy Library and Centenary Park Golf Club – Ladies Charity Day have withdrawn their 2020-2021 Standing Grant submissions due to the impact of COVID-19.

12.15 – Council committed to joining the Cities Power Partnership and to the delivery of the following five key actions:

Renewable Energy

  • Use Council resources to support the uptake of renewable energy
  • Provide incentives and/or remove barriers to encourage local businesses to take up solar power and battery storage   

Energy Efficiency

  • Roll out energy efficient lighting across the municipality

    Sustainable Transport

  • Ensure Council fleet purchases meet strict greenhouse gas emissions requirements and support the uptake of electric vehicles
  • Lobby state and federal governments to increase sustainable transport options

Council noted that these actions are integral to its climate emergency response and in joining the Cities Power Partnership, Council is demonstrating leadership in climate action.

12.16 – It was noted that the role and operations of Impact Volunteering has been transferred to Council. Council also endorsed the Impact Volunteering Board’s recommended candidates for the annual Volunteer Awards. See recipients and award categories below: 

  • Service: to Mr. Peter Lewis (Community Support Frankston)
  • Leadership: to Mr. Gary Zeuschner (Langwarrin Netball Club)
  • Teamwork:  to Ms. Melissa Burgess (Frankston North Community Centre)
  • Innovation: to Ms. Tanya Canavan (community volunteer)
  • Initiative:  to Ms. Helena Leslie (Donation Chain)
  • Organisation award and $1,000: to Theodora’s Cheerful Givers

12.17 – Council noted its progress against its action plan to address the recommendations outlined in the Municipal Monitor’s report, as requested by the Minister for Local Government. Council further noted that its progress has been reported via the CEO’s Quarterly Report to Council since March 2020, and that this will continue to occur until its expected completion in October 2021. Council will provide an action plan progress report to the Minister directly.

12.18 – Council noted that following concerns expressed, officers met with Clublinks to discuss the role of their social golf club at Centenary Park Golf Course. The meeting resulted in both Clublinks and Centenary Park Golf Club reaching a satisfactory agreement.  

12.19 – Council resolved to reappoint Mr. Neil Greenaway to the position of Chairperson of the Audit and Risk Committee from 1 September 2020 until 31 January 2021.

12.20 – Council approved the appointment of Downer EDI Works Pty Ltd, Fulton Hogan Industries Pty Ltd and Stabilised Pavements of Australia Pty Ltd to a standing Deed Panel under Contract 2019/20 -106 Road Renewal, and further approved a total projected expenditure of up to $3M annually (as adjusted each year by inflationary effects), with the total overall expenditure no more than $26M exclusive of GST, over the next 6 year potential contract term. The CEO was authorised to sign the contract and contract extension options based on the Contractors’ successful performance.

12.21 – Council awarded Contract 2019/20-94 Road Renewal – Asphalt Resurfacing and Associated Works to Downer EDI Works Pty Ltd, based on a schedule of rates contract for an initial 3 year fixed term with a provision of further two extensions of 2 years and 1 year respectfully, with the total overall expenditure no more than $26M exclusive of GST, over the next 6 year potential contract term. The CEO was authorised to sign the contract and contract extension options based on the Contractors’ successful performance. Council further requested that the CEO formally write to acknowledge the excellent services provided by the Fulton Hogan Industries Pty Ltd under contract 2015/16 – 4 at the conclusion of contract in early 2021.

13.1 – It was noted that the new Councillor Conduct provisions as set out in the Local Government Act 2020 will commence from 24 October 2020, preplacing the existing requirements set out in the Local Government Act 1989. Council also noted that a review of the Councillor Code of Conduct will be initiated with the new Council in November 2020.

Notices of Motion

2020/NOM19 – Public Toilet Actions Plan – moved by Cr Toms

This motion sought to:

  • Review the priority of works identified in the public toilet action plan with a view to replace the Mile Bridge public toilet with a new disability access toilet and beach shower adjacent to the Long Island Tennis Club and the access path between Gould Street and the Frankston beach
  • Investigate the development of a hard surface path (possibly timber) to the beach to replace the existing beach access track to assist with disability access to the beach;
  • Seek consent from DELWP for these works to occur

Subject to DELWP consent, Council will conduct community engagement and develop concept plans for the work in 2021-2020 financial year and refer funding for the planning and concept development as part of the 2021-2022 budget development process.

Subject to the outcome of community engagement, Council will refer the design and delivery of the toilet facility, new disability beach access and beach shower to the 2022-2023 budget process for consideration.

As part of this NOM, Council approved the repurposing of the bluestone from the existing Mile Bridge public toilet into the design and build of the proposed new disabled toilet facility and /or fence between the beach access and the Long Island Tennis Club grounds.

This motions was carried.

Urgent business

Voluntary disclosure – moved by Cr Bolam

This urgent item called for Council to affirm its commitment to promoting greater transparency and public confidence in Council decision making post-election, and to encourage candidates to undertake the following voluntary steps prior to the 2020 elections:

Decline to accept donations, either in cash or in-kind, from persons who personally own or hold controlling interests in companies that actively engage in the property development industry or the rooming house industry; or derive gambling income in Victoria or any entity trading in the tobacco or gambling industry sectors.

Decline to accept donations from lobbyists, special interest groups or any other groups which the Councillor is likely to have dealings with if elected.

Decline to accept donations from planning applicants (or their representatives) who have made an application to the Council in the twelve months prior to the election, or who are expected to make an application to the Council within twelve months after the election.

Publically disclose any donation and / or in-kind gift within five business days of receipt, to counter the lack of transparency within the current legislation that mandates candidate donations are only disclosed 40 days after the election.

The business also sought that Council recommends that that candidates in the 2020 Frankston City Council elections voluntarily publically disclose the following information:

The name of any company or other body corporate or un-incorporated in which the candidate holds an office as a director or otherwise; and

The name or description of any company or body in which the candidate holds a beneficial interest.

It was requested that Council writes to the Minister for Local Government and the Victorian Electoral Commission to suggest that the voluntary measures referred to in this resolution be introduced as new requirements to improve the transparency and the integrity of the election process in future local government elections.

This item was carried.

Olivers Hill sea wall – moved by Cr Toms

This item requested that Council write to the for Energy, Environment and Climate Change requesting that urgent funding be provided to scope and provide for repairs to the Olivers Hill seawall to ensure its long term durability and safety for the Frankston community, in consultation with Council and key stakeholders.

This item was carried. 

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