MINUTES COUNCIL MEETING TUESDAY, 13 MARCH 2018 7.00PM ROSEBUD MEMORIAL HALL, 994 POINT NEPEAN ROAD, ROSEBUD - Mornington Peninsula Shire
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
MINUTES
COUNCIL MEETING
TUESDAY, 13 MARCH 2018
7.00PM
ROSEBUD MEMORIAL HALL, 994 POINT
NEPEAN ROAD, ROSEBUD
Council Meeting Minutes 13 March 2018
MORNINGTON PENINSULA SHIRE COUNCIL
WARDS AND COUNCILLORS
Briars Cr Rosie Clark
Cr Bev Colomb
Cr Sam Hearn
Cerberus Cr Kate Roper
Nepean Cr Hugh Fraser
Cr Bryan Payne
Red Hill Cr David Gill
Seawinds Cr Simon Brooks
Cr Antonella Celi
Cr Frank Martin
Watson Cr Julie Morris
EXECUTIVE TEAM
Mr Carl Cowie Chief Executive Officer
Mr Niall McDonagh Chief Operating Officer
Mr Matt Green Chief Financial Officer
Ms Jenny Van Riel Director – Communities
AUDIO RECORDING
Please note that an audio recording of this Council Meeting will be made and be
available on the Shire’s website within seven days of the meeting.
Mornington Peninsula Shire Council 2
Council Meeting Minutes 13 March 2018
TABLE OF CONTENTS
ITEM SUBJECT PAGE NO
1 OPENING AND WELCOME ...................................................................................... 4
1.1. Acknowledgement of Traditional Land Owners ...................................... 4
1.2 Prayer .......................................................................................................... 4
2 PROCEDURAL MATTERS ........................................................................................ 5
2.1 Apologies .................................................................................................... 5
2.2 Disclosure of Conflicts of Interest Pursuant to Section 79 of the Local
Government Act 1989................................................................................. 5
2.3 Confirmation of Minutes ............................................................................ 5
2.4 Councillor Briefing Sessions .................................................................... 6
2.5 Assembly of Councillors ........................................................................... 7
2.6 Public Question Time ................................................................................. 8
3 MANAGEMENT REPORTS ..................................................................................... 15
3.1 Rosebud Aquatic Centre Community Feedback on Business Case ... 15
3.2 Lease and Licence to Pangbourne Australia Pty Ltd trading as
Rosebud Boat Hire ................................................................................... 23
3.3 Lease and Licence to Michael Milroy trading as Beachcomber Boat
Hire............................................................................................................. 28
3.4 Licence to the Victorian Hang Gliding and Paragliding Association
Incorporated over part Flinders Foreshore Reserve ............................. 32
3.5 Proposed Council Innovation Advisory Committee .............................. 35
3.6 Request to travel to South Australia - Cr Simon Brooks ...................... 37
3.7 Amendment to Council and Committee Meeting Timetable ................. 40
3.8 Appointment of Tender 2312 - Chief Executive Officer Recruitment,
Performance Review and Assessment, Remuneration Review and
Reporting................................................................................................... 41
4 COUNCILLORS AND DELEGATES REPORTS ..................................................... 43
5 NOTICES OF MOTION ............................................................................................ 46
6 URGENT BUSINESS ............................................................................................... 47
7 CONFIDENTIAL ITEMS ........................................................................................... 48
8 MEETING CLOSE .................................................................................................... 49
Mornington Peninsula Shire Council 3
Council Meeting Minutes 13 March 2018 1 OPENING AND WELCOME Meeting Opened at 7.01pm Appointed Chairman – Mayor, Cr Bryan Payne 1.1. Acknowledgement of Traditional Land Owners (Read by Cr Fraser) “In the spirit of respect, the Mornington Peninsula Shire acknowledges the Boon wurrung/Bunurong, members of the Kulin Nation, who have traditional connections for the land on which Council meets.” 1.2 Prayer (Read by Cr Hearn) "Almighty God, we humbly seek Thy blessings upon this Council. Direct and prosper its deliberations to the advancement of Thy glory and the true welfare of the people of the Mornington Peninsula Shire. Give us the strength and courage to make wise decisions with grace and dignity. Amen.” Mornington Peninsula Shire Council 4
Council Meeting Minutes 13 March 2018
2 PROCEDURAL MATTERS
Present
Mayor, Cr Bryan Payne (Chairman)
Cr Simon Brooks
Cr Antonella Celi
Cr Bev Colomb
Cr Rosie Clark
Cr Julie Morris
Cr Hugh Fraser
Cr David Gill
Cr Frank Martin
Deputy Mayor, Cr Kate Roper
Cr Sam Hearn
Mr. Carl Cowie, Chief Executive Officer
2.1 Apologies
Nil
2.2 Disclosure of Conflicts of Interest Pursuant to Section 79 of the Local
Government Act 1989
Item 3.6 – Cr Brooks
2.3 Confirmation of Minutes
RECOMMENDATION
That the Minutes of previous Council Meeting held on 27 February 2018, be confirmed.
COUNCIL DECISION
Moved: Cr Morris
Seconded: Cr Celi
That the recommendation be adopted.
Carried
Mornington Peninsula Shire Council 5Council Meeting Minutes 13 March 2018
2.4 Councillor Briefing Sessions
Matters discussed at Councillor Briefing Sessions (other than those matters designated to be
of a confidential nature) are reported on at Ordinary Council meetings.
The matters listed below were presented to a Councillor Briefing Session on 19 and 20
February 2018.
No. Item Briefing Session
Planning Compliance Update and Pro-active Planning
1 19 February 2018
Compliance Update
The purpose of this briefing is to provide Council with an update on the
recently established Proactive Auditing and Compliance Program.
2 Portsea Beach Report 20 February 2018
Following ongoing erosion at Portsea front beach since 2009, DELWP
commissioned Advisian to undertake the Portsea front beach
remediation long term options assessment. In December 2016, this
report was finalised. The purpose of this briefing is for DELWP officers
to provide a detailed outline of each of the six options explored within
the Advisian report. DELWP Officers deferred this briefing.
3 The Briars Management Plan Update 20 February 2018
The purpose of this briefing is to present to Council the ideas gathered
from Councillors and other stakeholders for the Briars master plan with
the aim of discussing feedback and additional opportunities with
Council.
4 Parliamentary Inquiry into VicRoads Management of Country 20 February 2018
Roads
An invitation was received from the Parliament of Victoria to make a
submission into an inquiry related to VicRoads’ Management of
Country Roads. An officer response was been sent and the intent of
this briefing is to seek Council’s feedback on the response and whether
there are any other points worth highlighting as part of the inquiry. The
date for submission has been extended until the end of February to
allow for any changes to our response based on Council feedback.
5 Budget Briefing 1a – Operating 20 February 2018
6 Budget Briefing 1b – Capital Works and Priority Projects 20 February 2018
RECOMMENDATION
That Council receives and notes the Briefing Session information provided above.
COUNCIL DECISION
Moved: Cr Fraser
Seconded: Cr Martin
That the recommendation be adopted.
Carried
Mornington Peninsula Shire Council 6Council Meeting Minutes 13 March 2018
2.5 Assembly of Councillors
Assembly of Councillors – 19, 20, 21 and 27 February 2018
RECOMMENDATION
That Council receives and notes the record of Assembly of Councillors for 19, 20, 21 and 27
February 2018.
COUNCIL DECISION
Moved: Cr Fraser
Seconded: Cr Gill
That the recommendation be adopted.
Carried
Mornington Peninsula Shire Council 7Council Meeting Minutes 13 March 2018 2.6 Public Question Time Questions from the public shall be dealt with at commencement of the meeting. The aim of public question time is to provide an opportunity for the public to ask general questions at Council Meetings requiring routine responses. Questions are received without notice and are responded to without research or reference to Council records. Questions must be in writing, with the person submitting the question to be in the public gallery at the time. Questions which contain material that relates to specific people or properties will be summarised at the discretion of Council. Responses to public questions answered at the meeting, will be general in nature, provided in good faith and should not exceed two minutes. These responses will be summarised in the minutes of the meeting. Questions requiring research or a detailed reply will be provided a written response as soon as possible following the meeting from the nominated officer. These written responses will be collated for each meeting and available via the Shire’s website. This segment does not substitute for appeal or other formal business procedures with the Council. Rosebud Aquatic Centre Ms Janelle Atkinson, a resident of Rye, asked the following question: “Will the business plan be updated to include all 28 schools on the Mornington Peninsula and not just the nine represented in the current report?” The question was answered at the meeting by Mr Niall McDonagh, Chief Operating Officer, who stated the business case represented most of the schools in the catchment zone, however a number of submissions have been received from schools across the Peninsula and they have been considered in tonight’s report. Ms Janelle Atkinson asked a follow up question: “Has the Shire run focus groups with School Communities as they promised they would?” The question was answered at the meeting by Mr Niall McDonagh, Chief Operating Officer, who stated, yes and that will be covered in tonight’s presentation. Ms Siyayna Lougmlin, a resident of Rosebud, asked the following question: “Have Councillors been given all the comments and feedback received from the community or just a summary of the results?” The question was answered at the meeting by Mr Niall McDonagh, Chief Operating Officer, who stated, yes Councillors were given copies of all submissions provided and they are also attached in tonight’s report. Ms Michelle Lever, a resident of Blairgowrie, asked the following question: “Have the letters of support from the Principals of 28 schools on the Mornington Peninsula been given to councillors prior to tonight’s meeting?” Mornington Peninsula Shire Council 8
Council Meeting Minutes 13 March 2018 The question was answered at the meeting by Mr Niall McDonagh, Chief Operating Officer, who stated, yes all letters of support were provided to Councillors and included as attachments to tonight’s report. Ms Michelle Lever asked a follow up question: “Has the letter of encouragement from the Deputy Premier of Victoria Minister of Education, James Merlino been given to the Councillors prior to tonight’s meeting.” The question was answered at the meeting by Mr Niall McDonagh, Chief Operating Officer, who stated, yes and it is included as an attachment to tonight’s report. Ms Patricia Cochrane, a resident of Capel Sound, asked the following question: “Have you thought of our future generations helping our children” The question was answered at the meeting by Mr Niall McDonagh, Chief Operating Officer, who stated, certainly they were considered in the business case and with consideration of the feedback from the community and will be covered in tonight’s presentation. Ms Heather Taylor, a resident of Rosebud, asked the following question: “If the community has requested a 50 metre pool, why is Council discussing a 25 metre pool. As rate payers we are prepared to pay.” The question was answered at the meeting by Mr Niall McDonagh, Chief Operating Officer, who stated that Council will discuss the officers report and will resolve on a decision tonight. Ms Robyn Sykes, a resident of Rosebud, asked the following question: “Have they considered the 96% vote in favour of the 50 metre pool, why would you make another decision.” The question was answered at the meeting by Mr Niall McDonagh, Chief Operating Officer, who stated that Council will consider that tonight and make a decision. Ms Michelle Davidson, a resident of Rosebud, asked the following question: “If the Rosebud Blue Mini existing pool is too small for future needs for the Peninsula of 25 metres. We need a 50 metre don’t we? Why vote for another small pool?” The question was answered at the meeting by Mr Niall McDonagh, Chief Operating Officer, who stated, the report is focused on the Rosebud Aquatic Centre, however this is an officer report that Council will consider tonight. Ms Colleen Mackay, a resident of Capel Sound, asked the following question: “If the Rosebud ‘Blue Mini’ existing pool is in the report as being too small for the future needs of the Peninsula and it is 25 metres why vote for yet another small pool?” The question was answered at the meeting by Mr Niall McDonagh, Chief Operating Officer, who stated, this will be covered in the presentation to the report tonight. Mr Cameron Davidson, a resident of Rosebud, asked the following question: “How does a 25 metre pool meet the future needs of a growing community.” Mornington Peninsula Shire Council 9
Council Meeting Minutes 13 March 2018 The question was answered at the meeting by Mr Niall McDonagh, Chief Operating Officer, who stated, this was covered in detail in the business case, and the population growth will be catered for, but again this is all covered in tonight’s presentation. Mr Guy Meyer, a resident of Boneo, asked the following question: “If a 50 metre pool is denied, will the Council consider building a salt water pool on the foreshore suitable for 50 metres lap swimmers and water polo enthusiasts, as we can’t use a 25 metre indoor pool.” The question was answered at the meeting by Mr Niall McDonagh, Chief Operating Officer, who stated that any work on the coast has to be coastal dependant. For Council to consider that option, it would need a lot more work and I do not believe that will be covered tonight. Leighton Richardson, a resident of Rye, asked the following question: “Why so little community consultation of the entire Southern Peninsula, i.e local permanent residents. Residents should be sought out not have to chase Council.” The question was answered at the meeting by Mr Niall McDonagh, Chief Operating Officer, who stated, this will be covered in the Community Consultation Phase in the presentation tonight. Mr Beau Richardson, a resident of Rye, asked the following question: “Why should local schools travel to Glen Waverley to participate in swimming carnivals (school carnivals) all the time.” The question was answered at the meeting by Mr Niall McDonagh, Chief Operating Officer, who stated, after tonight Council will be building an aquatic centre so you will be able to do it at Rosebud and will not need to travel anymore. Ms Annie Glass, a resident of Red Hill, asked the following question: “Why has it taken 19 years for you to deliver on your promise to build a 50 metre pool?” The question was answered at the meeting by Mr Niall McDonagh, Chief Operating Officer, who stated that over the last six months it has progressed further than it has over those 19 years and tonight will be the final piece of the puzzle so we can start the building process. Ms Julie Walker, a resident of Rye, asked the following question: “Why would any Council in Australia build a 25 metre pool when our community needs a 50 metre pool. Our community is growing and a smaller pool is out of the question.” The question was answered at the meeting by Mr Niall McDonagh, Chief Operating Officer, who stated that generally pool size is determined through the catchment. Council will make a decision on the size of the pool tonight. Ms Julie Moore, a resident of Rye, asked the following question: “Has the Council considered and consulted with due consideration to the wishes of the wider Mornington Peninsula Population?” The question was answered at the meeting by Mr Niall McDonagh, Chief Operating Officer, who stated Yes, and this will be covered in tonight’s presentation. Mornington Peninsula Shire Council 10
Council Meeting Minutes 13 March 2018 Ms Jacki McGregor, a resident of Blairgowrie, asked the following question: “When the business case used to educate Councillors so they can make informed decisions regarding our new pool has been shown to have flaws, an obvious one being the large groups of the community who are omitted from its calculations, why is the same business case still being used to argue the educated responses the survey unearthed as to why the public want a 50 metre pool?” The question was answered at the meeting by Mr Niall McDonagh, Chief Operating Officer, who stated that the business case was developed on a 5, 10, and 15 kilometre catchment. The catchment was expanded to include the 15 kilometre catchment due to the unique geography of the Peninsula. . Ms Jacki McGregor asked a follow up question: “Why do the clear results of a Council run survey not necessarily pre-empt a clear decision from the Councillors that represent us in favour of the survey results?” The question was answered at the meeting by Mr Niall McDonagh, Chief Operating Officer, who stated that community consultation and business case was taken into consideration when drafting the report; no Council decision has been made as yet. Mr Simon Owen, a resident of Red Hill, asked the following question: “Why would you build a 25 metre pool over a 50 metre pool? Many students and events will use this pool.” The question was answered at the meeting by Mr Niall McDonagh, Chief Operating Officer, who stated that this was a consideration in drafting the report and Officers decided this would be covered with a 25 metre pool. Ms Christine O’Neill, a resident of Rye, asked the following question: “Which existing community swimming pools were thoroughly investigated to inform the Councils decision about plans for SPAC?” The question was answered at the meeting by Mr Niall McDonagh, Chief Operating Officer, who stated, a number of pools were benchmarked including PARC, Sale, Ocean Grove, Warrnambool Ms Christine O’Neil asked a follow up question: “Which other Councils provided data and information to Mornington Peninsula Shire Council about the costs, facilities, programs and community benefits of their swimming pool complexes?” The question was answered at the meeting by Mr Niall McDonagh, Chief Operating Officer, who stated that the Councils stated in the previous answer pools were benchmarked. Ms Sandra Morris a resident of Dromana, asked the following question: “Was a survey of Mornington Peninsula residents using PARC facilities undertaken. If not why not?” The question was answered at the meeting by Mr Niall McDonagh, Chief Operating Officer, who stated that Council are focused on an aquatic centre for Rosebud, not a comparison between the PARC facility and what is proposed for the Rosebud Aquatic Centre. Mr Cooper Farrington, a resident of Rye, asked the following question: “If we do get to build the pool, how long will it take? When will we build the pool?” Mornington Peninsula Shire Council 11
Council Meeting Minutes 13 March 2018 The question was answered at the meeting by Mr Niall McDonagh, Chief Operating Officer, who stated that the pool will be built within this term of Council, so by September/October 2020 the project will be delivered. Ms Esther Revens, a resident of Capel Sound, asked the following question : “I am perplexed. We have had two “Have Your Say” submissions along with community surveys, telephone surveys, place based engagements. I believe record numbers have responded. Not only have all shown an overwhelming response in favour of a 50 metre pool but each Ward has overwhelmingly supported a 50 metre pool. If Councillors are supposed to represent the community and the community supports a 50 metre pool, why are we even considering a 25 metre option?” The question was answered at the meeting by Mr Niall McDonagh, Chief Operating Officer who stated that it is the process of Council for Officers to analyse all the data from the community and from the business case and make an informed recommendation to Council. Mr Victor Doree, a resident of Mornington, asked the following question: “Why were only Government schools included in the business plan, when contributions to the project will be paid for by ratepayers irrespective of educational schools attended?” The question was answered at the meeting by Mr Niall McDonagh, Chief Operating Officer who stated that we have received feedback from all schools on the peninsula in terms of forming this report tonight. Ms Linda Rose, a resident of Safety Beach, asked the following question: “Why does Council expect the community to accept the business plan when page 21 shows the radius of the catchment area to include a portion of Port Phillip Bay?” The question was answered at the meeting by Mr Niall McDonagh, Chief Operating Officer who stated that that is a radius to demonstrate the land based residents in the catchment, at the 5 kilometre, 10 kilometre and 15 kilometre points. Ms Betty Preston, a resident of Capel Sound, asked the following question: “Why were there no guidelines issued for the completion of the Council printed single page generic form?” The question was answered at the meeting by Mr Niall McDonagh, Chief Operating Officer who stated that we had guidelines with the survey, the ‘Have your say’ component was for residents to submit in free text, their thoughts on the pool. Ms Betty Preston asked a follow up question: “Because a number of those surveyed did not confirm either individual or family count, which bin are they consigned to? I have a letter signed by Kat Hodgins, Acting Manager Communications and Events dated 12 January 2018 that states all submissions received will be accepted.” The question was answered at the meeting by Mr Niall McDonagh, Chief Operating Officer who stated that all submissions were recorded. The intention was to capture the family groups through the survey and if family groups responded as part of the ‘Have Your Say’ free text option, that would not have been captured, they were recorded as one. Ms Frances Isaac, a resident of Tootgarook, asked the following question: “We have had 2 “Have Your Say” surveys from Council. The first to comment on three design concepts. Mornington Peninsula Shire Council 12
Council Meeting Minutes 13 March 2018 Results overwhelmingly favour a 50 metre pool. What weight do these results have on the final decision of the size of the pool?” The question was answered at the meeting by Mr Niall McDonagh, Chief Operating Officer who stated that officers considered the feedback when we drafted this report. In terms of weight of submissions, that is something that Council will take into consideration when making their decision tonight. Ms Sandra Hogan, a resident of Tootgarook, asked the following question: “Councillors represent the community. The community has overwhelmingly said they want a 50 metre pool. Will Councillors take this into account when they vote tonight?” The question was answered at the meeting by Mr Niall McDonagh, Chief Operating Officer who stated that the report is an officer recommendation and Council will resolve on the size of the main pool later tonight. Mr Lyle Dickman, a resident of Rye, asked the following question: “Why have letters and submissions of support for a 50 metre pool from community organisations, sporting bodies, education providers and other groups been declared confidential?” The question was answered at the meeting by Mr Niall McDonagh, Chief Operating Officer who stated that this is from a privacy perspective and Council must not breach people’s privacy and those letters need to remain confidential. Ms Carol Dickman, a resident of Rye, asked the following question “In item 3.1 tonight; community feedback regarding pool size is noted in some detail and then appears to be summarily dismissed. How was community feedback weighted and applied when developing final recommendations to Council? Was the feedback period merely (as it now appears) just a construct to appear to be consulting with the community?” The question was answered at the meeting by Mr Niall McDonagh, Chief Operating Officer who stated that this will be covered in the presentation later tonight, but this was considered. We need to hear from the community and their views and Council will take this into consideration when making their decision. Mr Brett Hemphill, as resident of Rye, asked the following question: “With a view to our grandchildren’s future, why would we choose anything other than a 50 metre pool?” The question was answered at the meeting by Mr Niall McDonagh, Chief Operating Officer who stated that is one of the considerations of the younger population and that will be covered in the presentation later tonight. Mr Kevin Murphy, a resident of McCrae asked the following question: “Market research does not mention any data from PARC. PARC Annual Report stated that 20% of its members and 31% of its staff came from the Mornington Peninsula. Has the business case extrapolated any of this data into account when calculating additional visits? If not, why not?” The question was answered at the meeting by Mr Niall McDonagh, Chief Operating Officer who stated that PARC was not considered in the development of the business case. We figured in the 15 kilometre catchment radius and the spike in the summer period. This will be covered off in the presentation later tonight. Mornington Peninsula Shire Council 13
Council Meeting Minutes 13 March 2018 Ms Jo Whelan, a resident of Rye, asked the following question: “As there are an overwhelming preference from the community for a 50 metre pool, why was the business case so biased by not including the whole population of Mornington Peninsula in its data? Given that if it did, the financials would reflect minimal differences?” The question was answered at the meeting by Mr Niall McDonagh, Chief Operating Officer who stated that this will be covered in my presentation. It relates to the key catchments for the aquatic centre. Mr Ian Brown, a resident of Rosebud, asked the following question: “Under ‘Issues’ the report states that the 25 metre pool is more closely aligned with Council’s Carbon Neutral Policy, inferring both options do not meet the policy. If this is the case, then Council would be breaking policy to adopt even a 25 metre pool. Is it not responsible then for a 50 metre pool to be developed in line with the wishes of 94% of respondents? The question was answered at the meeting by Mr Niall McDonagh, Chief Operating Officer who stated that in terms of being closely aligned to the Carbon Neutrality Policy it is the approach to reduce energy consumption and the business case relates to that in terms of the environmental impacts of the larger main pool, and the energy impacts of the 25 metre pool is less. Mr Guy Mayer, a resident of Boneo, asked the following question: “The business case identified that the Rosebud population was double the Victorian population demographic averages for target market segments for aquatic facilities. Would this not prove that 2 x 25 metre pools would generate 2 x 24 million pool revenue? The question was answered at the meeting by Mr Niall McDonagh, Chief Operating Officer who stated that it relates to the demographic of the Rosebud population and that it would benefit from the aquatic centre and the facilities it provides. This has been covered in the business case and again in my report later tonight. Permit Requests Mr David Mason, as resident of Mount Martha, asked the following question: “Will Council table permit requests for majority approval by Councillors and comply with State Government good governance requirements to consult with all affected residents?” The question was answered at the meeting by Mr Niall McDonagh, Chief Operating Officer who stated that following the recent triathlon event in Mount Martha, Council officers and Councillors will be having a review of that event and other future events and the process of approval for them. Mr Mason asked a follow-up question: “Will Council make a submission to VicRoads to stop future road closures of the Esplanade for the conduct of sporting events and take procedures to close the Esplanade at Mount Martha to bicycle use?” The question was answered at the meeting by Mr Niall McDonagh, Chief Operating Officer who stated that in terms of closure of roads to cyclists that concerns the VicRoad roads rules and will need to be discussed with VicRoads. Mornington Peninsula Shire Council 14
Council Meeting Minutes 13 March 2018
3 MANAGEMENT REPORTS
3.1 Rosebud Aquatic Centre Community Feedback on Business Case
Prepared By David Hampton, Team Leader – Buildings and Open Space
Authorised By Chief Operating Officer
Document ID A7744810
Attachment(s) 1. Consolidated Findings of Community Consultations (All
Formats)
2. Shire's Community Survey Results
3. Telephone Survey
4. 'Have Your Say' Summary
5. Place Based Engagement (Pop-up Sessions)
6. Letters from schools and community groups (confidential)
PURPOSE
The purpose of this report is for Council to consider community feedback on the Rosebud
Aquatic Centre Business Case and decide on the 25-metre or 50-metre indoor pool option.
BACKGROUND
Council resolved at its meeting held on 12 December 2017 that the Business Case and
summary of key findings be placed on public exhibition for community comment and a further
report be presented to Council for its consideration of community feedback on the size of the
indoor pool following a two-month exhibition period.1
The Business Case was made available to the community from Friday 15 December 2017 to
Wednesday, 28 February 2018. Community members were engaged through a number of
formats.
1. Community Survey
Community members were invited to complete the Shire’s on-line or hard copy survey
form. Respondents were requested to consider their preferences for a 25 or 50 metre
indoor pool based on the social, economic and environmental key findings of the
Business Case. They were then asked to express their overall preference for the
indoor pool size. Responses may be categorised by a number of attributes including
family submissions, connection to the Shire, place of living, work or visiting, age and
sex group, and membership of groups likely to use the facility.
2. Telephone Survey
This survey was conducted by telephone using a random sample of landline and
mobile phone numbers of residents within the Shire. Approximately 100 participants
per Ward provided their preferences based on the same questions for the community
survey.
1 Council meeting minutes, 12 December 2017, Item 3.1 Rosebud Aquatic Facility Business Case
Mornington Peninsula Shire Council 15Council Meeting Minutes 13 March 2018
3.1 (Cont.)
3. ‘Have Your Say’ submissions
Persons were also invited to comment outside of the Shire community survey
questionnaire by sending an email, writing to the Shire or completing a ‘Have Your Say’
form with their written comments.
4. Place Based Engagement (Pop-up Sessions)
Place based engagement was undertaken in the period from late January to mid-
February 2018. Broad community pop-ups were undertaken with six 3-hour pop-ups
(one per Ward) in busy/popular places with the Chatterbox trailer. The Chatterbox
trailer is a mobile trailer that provides outdoor seating, tables, giant chat-boards, clip
boards and voting pods to engage the community in a range of creative ways. A
stakeholder/user group drop-in session was also conducted on Saturday, 17 February
2018 on the Besgrove Street site for user/stakeholder groups to come and discuss their
views.
More than 7,200 participants were engaged across the various engagement methods.
Responses were received from 40 townships to varying degrees and the highest participation
rates related to Rosebud, Rye, Capel Sound and Dromana. Seawinds Ward had the highest
participation rate overall with about half of all respondents. Overall 94% of respondents in all
the engagement methods preferred a 50-metre pool. The consolidated findings of the
community feedback in all formats are summarised in Attachment 1.
The consolidated findings have been consistently expressed across each engagement
format.
Shire Community Survey
The Shire’s online and hard copy survey questionnaire was completed by 3,760
respondents. Overall 96% of respondents preferred a 50-metre and 4% supported the 25-
metre pool option. Respondent preferences were strongly in favour of the larger pool when
considering the key social, economic and environmental findings of the Business Case. A
summary of the Shire survey results is shown in Attachment 2.
Females were much more engaged in completing the community survey. Females
represented 73% of respondents, males 26% and other 1%.
Persons living in Rosebud or suburbs closest to Rosebud were strongly represented in the
Shire survey. Rosebud had the most respondents (1,122) followed by Rye (590), Capel
Sound (368), Dromana (214), McCrae (192), Tootgarook (189) and Blairgowrie (182).
Together these towns accounted for 2,774 or 74% of responses. These townships have all
been identified in the catchment zone which would most likely visit the facility. Mornington
(124), Safety Beach (114) and Sorrento (102) accounted for a further 340 or 9% of total
responses. Response rates for postcode areas with the municipality are shown in
Attachment 2.
Shire Telephone Survey
The telephone survey found overall 77% of the 659 respondents preferred the 50-metre pool
option. This trend was evident across all Shire wards. Seawinds ward had the highest level
of support (91%) for a 50-metre pool followed by Nepean Ward (86%) and Briars Ward
(82%). Lesser support for the larger pool size was evident from Watson Ward (72%), Red Hill
Ward (68%) and Cerberus Ward (59%). Results of the telephone survey are summarised in
Attachment 3.
Mornington Peninsula Shire Council 16Council Meeting Minutes 13 March 2018 3.1 (Cont.) ‘Have Your Say’ Written Submissions The Shire received 2,223 submissions through the ‘Have Your Say’ form, letters and emails. 98% preferred the 50-metre pool option, 1% the 25-metre pool option and 1% did not specify a preference (just want the facility built as soon as possible). Of the 2,223 submissions received, 1,556 (70%) were from people located within the Mornington Peninsula Shire, 251 (11%) were located outside the Shire and 416 (19%) did not provide a postcode but still provided the preference for either a 25-metre or 50-metre pool. A summary of ‘Have Your Say’ submissions are shown in Attachment 4 including key themes expressed in written comments. Place Based Engagement (Pop-Up Sessions) Overall, 88.6% (226) of participants in the place based engagement (pop-up sessions) held across the peninsula expressed a preference for a 50-metre indoor pool, with this option receiving most votes in each individual ward. In terms of visitation, most participants from each Ward said they were likely to visit the facility once built, with exception of Red Hill Ward where 45.8% said they were likely to visit, 37.5% unlikely to visit and 16.6% were unsure. The indoor pool and the warm/hydrotherapy pool were the two facilities that participants stated they would use the most with 72 and 50 votes respectively. This reflects many comments made across the wards that the pools, particularly the hydro pool, would be the reason residents would travel from other Wards to visit Rosebud Aquatic Centre. Programs delivered from the warm water pool are likely to be very popular and have appeal across many generations and abilities. A report on the pop-up activity findings is shown in Attachment 5. Nine groups and schools with broad community membership made submissions on the pool size. These are included in Attachment 6 for the information of Councillors and are classified as confidential as they could relate to any matter which Council considers prejudicial to Council or any person. This community feedback provides Councillors with further information to inform their decision on the size of the main indoor aquatic pool size following presentation of the Business Case in December 2017. A decision on the size of the indoor pool option is preferred for the project delivery to proceed in a timely manner. Detailed design services for the project are scheduled to commence at the end of April 2018 requiring clarification of the main indoor pool size. Schematic plans are to be submitted to Sport and Recreation Victoria by the end of April 2018 (date to be confirmed) for consideration of funding under their 2018 Better Pools Program. DISCUSSION Clearly the community’s overall preference is for the 50-metre pool option. A range of themes have been put forward to justify this choice and are deserving of examination. Theme: A 50-metre pool is required to accommodate growth in projected visitations The Business Case has factored in estimated population growth based on Australia Bureau of Statistics population growth forecasts for regional Victoria. The estimated population catchment will grow from 56,765 in 2016 to 68,245 in 2031, resulting in total estimated visits to Rosebud Aquatic Centre of 383,378 in 2020 growing to 437,038 in 2031. This growth has been factored into the Business Case recommended option for a 25-metre pool and is well short of the of 100,000 population catchment threshold commonly required to justify investment in a 50-metre pool. Figures provided by the Victorian State Government for projected school enrolments at government schools in the catchment zone are consistent with general population forecasts. Mornington Peninsula Shire Council 17
Council Meeting Minutes 13 March 2018 3.1 (Cont.) Government school enrolments may grow from 5,623 in 2018 to 5,817 in 2022. Non- government schools have not provided their enrolment forecasts to date, and it is assumed they will be consistent with the government sector. Theme: A 50-metre pool is required for school carnivals and learn to swim classes A 50-metre pool would better cater for school carnivals and learn to swim classes. The scheduling of swimming races could be more efficiently programmed and larger learn to swim classes scheduled. All Victorian Government and Catholic schools are required to teach swimming and water safety as part of their standard Health and Physical Education curriculum. All primary school aged children must learn be able to swim at least 50 metres by the end of grade six, helping reduce the risk of drowning incidents. A 25-metre pool with 10 lanes also provides sufficient program capacity for anticipated school swim classes. During school hours (off peak), up to 8 lanes may be programmed for learn to swim classes while the keeping 2 lanes open for public lap swimming. Capacity also exists for other events requiring pool space (e.g. water aerobics). A dedicated learn to swim pool measuring 18 metres and 15 metres is provided in addition to the main competition 25- metre pool. 500 spectator seats are provided for events and school carnivals for both 25-metre and 50- metre pool options. Seating provision consists of 250 permanent seats and capacity to add temporary seating (250) to adjoining concourse areas for special events. Spectator seating may be increased during the design development at significantly less cost than up-sizing the pool to 50-metres. Many school carnivals and short course swimming events are successfully conducted at 25- metre pools. For example, the Shire’s Crib Point pool hosted 10 primary school and 3 secondary school carnivals in 2017. Theme: A larger pool offers better opportunity to accommodate large seasonal tourist and population visitations The Business Case has not increased the expected visitation numbers to account for tourism because little data is available to suggest Rosebud Aquatic Centre would become a significant tourist destination. The facility could serve as a recreational outlet for visitors in cool or wet weather, or when beach conditions are unfavourable. Visitors are likely to be attracted by a range of aquatic facilities offered including the aqua-play area, warm water program pool, learn to swim pool and competition pool. A larger competition pool would not by itself substantially increase visitations to Rosebud Aquatic Centre from tourists. The allowances for seasonal casual visitations adequately account for this category of users. Theme: Increase versatility to schedule a greater range of activities and programs at the same time A larger aquatic area would provide greater opportunity to program a range of activities and programs at the same time. For example, using a moveable boom in the 50-metre would permit swimming in one half and aqua-play in the other half. The three aquatic pools including a 25-metre competition pool and aqua-play area provide sufficient aquatic space to provide a comprehensive range of programs suitable for expected community demand for a district level aquatic facility. Many respondents have advised a 50-metre pool is required for their training needs and would not be satisfied with a smaller pool size requiring frequent tumble turns. Mornington Peninsula Shire Council 18
Council Meeting Minutes 13 March 2018 3.1 (Cont.) Theme: Implement essential future proofing in functional components as part of the decision-making process Preliminary concept plans provide for future expansion of the aqua-play area only as this has the most potential to become an even bigger attractor for families if funds were available. The mix of functional components in the Rosebud Aquatic Centre has been carefully chosen noting that recreation, leisure and adventure are the primary reasons for visiting aquatic and leisure facilities. Market research indicates 60% of people visit for recreation, leisure and adventure, followed by fitness and training (30%) and education (10%). A larger competition pool is unlikely to significantly drive additional visitations or revenue. The Business Case forecasts 8,372 additional visits per annum (161 persons per week) for a 50-metre pool. Operating costs are forecast to increase by $132,000 per annum for the larger competition pool. Investment in a larger warm water pool or aqua-play are areas more likely to generate greater visitations and revenue. Theme: Address the need to travel to Frankston’s Peninsula Aquatic Recreation Centre (PARC) facility to undertake activities such as lap swimming, school carnivals and special events It is acknowledged that elite swimmers and competitors prefer a 50-metre pool. This may assist with their heavy training loads required to successfully compete at state, national and international levels. Currently these competitors are required to travel long distances to train at Frankston’s PARC or other facilities. Elite competitors enjoy a high profile in their community and represent a small portion of the target market for use of a district level community aquatic centre. Frankston’s PARC is a regional facility offering more experiences than proposed for Rosebud e.g. water slides. PARC has a population catchment of 150,000, cost $50 million to construct and attracted $26.5 million in government grants. It has 1 million visitations per annum. Rosebud Aquatic Centre has a population catchment of less than half that of Frankston PARC and it is not economical to offer the same facilities. Theme: The community believe we have one chance to get it right It is agreed the initial design and construction is the best opportunity to get it right. It would be costly to expand the main pool size in the future, however not impossible. The project design brief may be structured for delivery of a 25-metre pool with provision for a 50-metre pool as a second stage. This approach may be appropriate given the current level of uncertainty about State and Federal Government grant funding. Theme: Get on with it Understandably, there has been frustration expressed on the time taken to deliver this project given it has been in the planning phase for more than 10 years. Council is supporting a fast-tracked approach to the delivery of Rosebud Aquatic Centre by September 2020. ISSUES Council needs to balance the community’s preference for a 50-metre indoor pool and the Business Case recommended option for a 25-metre indoor pool. The Business Case assessed the 25-metre pool as meeting expected community demand and delivering the greatest benefits for the lowest cost. Two commercial operators of aquatic centres have advised they concur with the Business Case recommendations. This option also has the lowest overall environmental impact and is more closely aligned with Council’s Carbon Neutral Policy through a smaller building footprint and lower energy and water consumption. Community feedback indicates a larger pool size is preferred for school carnivals, aqua play, Mornington Peninsula Shire Council 19
Council Meeting Minutes 13 March 2018
3.1 (Cont.)
lap swimming and the needs of sporting clubs (e.g. swim clubs, triathletes and life-saving
clubs). Council is to decide on the indoor pool size for Rosebud Aquatic Centre,
understanding there has been strong advocacy from the southern peninsula community for a
50-metre pool.
The community’s preference for the best possible aquatic facilities needs to be balanced
against Council’s need for prudent investment in community infrastructure. Financial
modelling in the Business Case identifies a 50-metre pool will cost an additional $7.6 million
to construct and operating cost (or loss) will increase by $132,000 per annum. There is a
direct opportunity cost for higher investment in the aquatic centre resulting in reduced
Council capacity to fund other works or services.
A key requirement is for the Shire to maximise usage and rationalise costs to get the best
possible value from the facilities. A Facilities Management Plan will be developed to best
manage the facility. This will outline steps to maximise facility use and operate in an efficient,
safe and fair manner. Numerous factors will be considered including access and
opportunities, quality, safety and sustainability and multiple-use or sharing. Many of the
general management goals have been considered in the Business Case and the Facilities
Management Plan will address operational issues in more detail including:
Management agreements;
Sharing;
Asset Management Plan;
Safety and standards;
Programming;
Fees and pricing (and compliance with the Competitive Neutrality Policy); and
Hours of operation.
The facility design development will progress with the appointment of the principal design
consultant in April 2018. It is planned to invite community comments on the facility design at
the conceptual, schematic design and detailed design stages. Plans will be made available
on the Shire’s website and opportunity provided to directly speak to the project designers at a
local venue.
OFFICER DIRECT OR INDIRECT INTEREST
No person involved in the preparation of this report has a direct or indirect interest requiring
disclosure.
CONCLUSION
The community’s overall preference for the 50-metre indoor pool option will provide
enhanced aquatic facilities at Rosebud Aquatic Centre and increase programming
opportunities.
The 25-metre indoor pool option should substantially meet expected community demand and
deliver the greatest benefits for the lowest cost and with lesser environmental impacts. This
option is considered to offer best value for money.
RECOMMENDATION
1. That the report titled Rosebud Aquatic Centre Community Feedback on the Business
Case be received.
2. That Council adopts the 25-metre indoor pool design option for Rosebud Aquatic
Centre.
Mornington Peninsula Shire Council 20Council Meeting Minutes 13 March 2018
3.1 (Cont.)
3. That a tender evaluation report for appointment of the project design consultant be
presented to Council for its consideration at its 24 April 2018 meeting.
4. That officers continue to work with Councillors on the project financing options through
its annual budget processes noting the outcomes of federal and state government
grant applications are expected during 2018.
5. That Council resolves that Attachment 6 to this report be retained as a confidential item
pursuant to Section 77(2)(a) and (b) of the Local Government Act 1989 and be placed
on a separate minute book for confidential items.
Amendment
Moved: Cr Celi
Seconded: Cr Brooks
2. That Council adopts the 50-metre indoor pool design option for Rosebud Aquatic
Centre.
Carried
Extension to Speaking Time
Moved: Cr Fraser
Seconded: Cr Morris
That a two minute extension to the speaking time be granted to Cr Brooks, during
debate on the Amendment.
Carried
Extension to Speaking Time
Moved: Cr Morris
Seconded: Cr Martin
That a two minute extension to the speaking time be granted to Cr Colomb, during
debate on the Amendment.
Carried
Extension to Speaking Time
Moved: Cr Martin
Seconded: Cr Gill
That a two minute extension to the speaking time be granted to Cr Morris, during
debate on the Amendment.
Carried
Motion
Moved: Cr Gill
Seconded: Cr Roper
That there be a budget cap of $41.57 million on the total capital expenditure including
grants, any loan capital repayments and income from land or other sales for the
Rosebud aquatic centre but not including interest on loans
Carried
Mornington Peninsula Shire Council 21Council Meeting Minutes 13 March 2018
3.1 (Cont.)
COUNCIL DECISION
1. That the report titled Rosebud Aquatic Centre Community Feedback on the
Business Case be received
2. That Council adopts the 50-metre indoor pool design option for Rosebud
Aquatic Centre.
3. That a tender evaluation report for appointment of the project design consultant
be presented to Council for its consideration at its 24 April 2018 meeting.
4. That officers continue to work with Councillors on the project financing options
through its annual budget processes noting the outcomes of federal and state
government grant applications are expected during 2018.
5. That there be a budget cap of $41.57 million on the total capital expenditure
including grants, any loan capital repayments and income from land or other
sales for the Rosebud aquatic centre but not including interest on loans.
6. That Council resolves that Attachment 6 to this report be retained as a
confidential item pursuant to Section 77(2)(a) and (b) of the Local Government
Act 1989 and be placed on a separate minute book for confidential items
Vote by Division – Cr Celi
For: Cr Hearn, Cr Colomb, Cr Clark, Cr Roper, Cr Morris, Cr Gill, Cr Fraser, Cr Martin,
Cr Brooks, Cr Celi and Cr Payne,
Against: Nil
Carried
Adjournment of Meeting
Moved: Cr Martin
Seconded: Cr Celi
That the meeting be adjourned at 9.21 pm.
Resumption of Meeting
Moved: Cr Martin
Seconded: Cr Gill
That the meeting be resumed at 9.36 pm.
Mornington Peninsula Shire Council 22Council Meeting Minutes 13 March 2018
3.2 Lease and Licence to Pangbourne Australia Pty Ltd trading as Rosebud Boat
Hire
Prepared By Greg Collins, Team Leader – Property Operations
Authorised By Chief Operating Officer
Document ID A7776932
Attachment(s) Nil
PURPOSE
This report seeks Council approval to enter into a lease for a term of nine years with the
existing tenant, Pangbourne Australia Pty Ltd, for the premises known as Boatshed 71
Rosebud Foreshore and associated licence for the use of approximately 95 square metres of
the adjacent foreshore reserve for use as a boat hire and kiosk business.
BACKGROUND
The boat hire business, known as Rosebud Boat Hire, has been located at Rosebud Beach
for more than 40 years. The business has operated under lease to Pangbourne Australia Pty
Ltd (the Tenant) since 2002. The premises is located adjacent to the Rosebud foreshore
camping section 6 and in close proximity to public toilets, playground and picnic facilities.
The current lease has expired and is in overholding.
The lease area is 64 square metres and comprises a rectangular concrete block building with
double front doors and a Colourbond gable roof. The premises is serviced by telephone
landline, electricity and mains water. The business offers boats, canoes, paddleboards,
snacks and fishing equipment.
Mornington Peninsula Shire Council 23Council Meeting Minutes 13 March 2018 3.2 (Cont.) DISCUSSION The lease is for the boatshed premises and following discussions with the Department of Environment, Land, Water and Planning (DELWP) it has been determined that the area of beach adjacent to the premises, which the tenant uses for the storage and display of watercraft, should be subject to a licence agreement to accompany the lease. The licence area is approximately 95 square metres. The tenant is responsible for all repairs and maintenance to the leased premises except if the Retails Leases Act 2003 applies and will also be responsible for all normal outgoings including utility services, rates and taxes, public liability insurance and Fire Services Levy. Rosebud Coastal Management Plan The Rosebud Coastal Management Plan was adopted by Council in August 2015. An objective of the Plan is to guide appropriate use, management and alterations to bathing boxes and boatsheds. Legal Risk Implications Documenting the respective property responsibilities and obligations through legally binding leasing which conforms to legislative requirements mitigates risk. Economic Implications The proposed lease will contribute to the local economy and to the tourism appeal of the area as a popular boat hire business. Mornington Peninsula Shire Council 24
Council Meeting Minutes 13 March 2018
3.2 (Cont.)
Financial Implications
The proposed rent is based on market rent determination by valuation and the income aligns
with Council’s budget projections and will provide revenue to support Council services.
Process
Council is the appointed committee of management under the Crown Land (Reserves) Act
1978 (the Act), for the Rosebud Foreshore Reserve. As the Committee of Management,
Council is able to enter into a lease under the provisions of the Act.
Council’s Commercial Tenancies Policy provides guidance regarding the process to be
followed for undertaking a new lease to ensure that allocation occurs in a fair and equitable
manner.
The preference for Crown land leases is that a competitive process be undertaken, unless it
is found that direct negotiations with a prospective tenant would maximise benefits to the
community and/or Council. The Policy objectives are to clearly define the requirements for
commercial tenancy of Council assets. For example, minimum criteria would be:
The lease or rental return should be full commercial return;
Tenancy requirements should be consistent with standard commercial occupancy
arrangements; and
Tenancy should have regard to Council’s community responsibilities.
The Act does not restrict Council from leasing land by private treaty. Generally, it will be
because:
The nature of the land that is proposed to be leased;
How the proposed lease of land is initiated, e.g. often it is an external party who has
initiated discussions with Council regarding lease of land;
When the rental offered is substantially more than valuation; or
In the event that there is likely to be only one tenant for the Council land.
The policies provide that any lease of Council land should be in the best interest of the
community and provide the best result, both financial and non-financial, for Council and the
community.
The tenant has demonstrated a good history of lease compliance and is a well-known boat
hire business with an excellent reputation. This report recommends that a lease be
negotiated by private treaty with the current tenant.
ISSUES
Finance
Matheson Stephen Valuations (MSV) were instructed by Council to assess the fair market
rental payable for the boatshed of 64 square metres and an additional licence fee for 95
square metres of foreshore adjacent to the boatshed.
In assessing the market rental and appropriate licence fee payable for the premises, MSV
investigated rentals for foreshore properties, including the following:
Mornington Peninsula Shire Council 25You can also read
