Vision for the future; Australia's most liveable city - Minutes of Council Meeting held in the Function Centre, Bunjil Place, Narre Warren ...

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Minutes of Council Meeting
      held in the Function Centre,
      Bunjil Place, Narre Warren.
        Tuesday 16 March 2021

        Commenced at 4:00 PM

Vision for the future; Australia’s most
             liveable city.
Order of Business
1. Statement of Acknowledgement ............................................................................................................... 4
      1.2. Reading of the Diversity Statement................................................................................................ 4
2. Confirmation of Minutes ............................................................................................................................ 4
3. Declarations of Conflict of Interests and Personal Interests ...................................................................... 4
4. Public Question Time ................................................................................................................................ 4
5. Officer's Reports for Consideration ........................................................................................................... 7
      5.1. Quarterly Community Report – October-December 2020 .............................................................. 7
      5.2. 2020/21 Mid Year Budget Review.................................................................................................. 7
      5.3. Growing Suburbs Fund Applications .............................................................................................. 8
      5.4. Doveton Pool in the Park Master Plan ........................................................................................... 8
      5.5. Disposal of Land - 1070i Cranbourne Frankston Road, Cranbourne .............................................. 9
      5.6. Casey Fields Lease ..................................................................................................................... 10
      5.7. Update on Rating Matters including Treatment of Hardship Assistance in 2020/21 ..................... 10
      5.8. s5 Council to CEO Instrument of Delegation update .................................................................... 11
      5.9. s6 Instrument of Delegation update ............................................................................................. 12
      5.10. Foreign Arrangements Scheme ................................................................................................... 12
      5.11. Contract Acceptance and Sealing No CT000631 ......................................................................... 13
6. Consideration of Reports of Committees................................................................................................. 13
      6.1. Record of Discussion ................................................................................................................... 13
7. Petitions .................................................................................................................................................. 13
      7.1. Advertisements for MP's in Sporting Clubs/Grounds .................................................................... 13
      7.2. Doveton Pool in the Park ............................................................................................................. 14
8. Urgent Business ..................................................................................................................................... 14
9. Closed Council........................................................................................................................................ 14

 Council Meeting - 16 March 2021                                                                                                                      Page 2
Administrators Present:

Noelene Duff PSM                  Chairperson of Administrators
Miguel Belmar                     Administrator
Cameron Boardman                  Administrator (attended virtually)

In Attendance:

Glenn Patterson                   Chief Executive Officer
James Collins                     Director City Planning and Infrastructure
Steve Coldham                     Director Community Life
Sheena Frost                      Director Corporate Services
Jen Bednar                        Director Customer and Business Transformation
Jordan Barfoot                    AV Technician
Jacinta MacLeod                   Minutes Assistant

Council Meeting - 16 March 2021                                                   Page 3
1.    STATEMENT OF ACKNOWLEDGEMENT

      The Chairperson of Administrators read the Statement of Acknowledgement.

1.2. READING OF THE DIVERSITY STATEMENT

      The Chairperson of Administrators read the Diversity Statement.

2.    CONFIRMATION OF MINUTES

      Mover / Seconder: Mr Belmar / Mr Boardman

      That the Minutes of the Council Meeting held on 2 February 2021 be confirmed.
                                                                                                     Carried

3.    DECLARATIONS OF CONFLICT OF INTERESTS AND PERSONAL INTERESTS

      Declaration by Administrators of any Conflict of Interest pursuant to Section 130 of the Local
      Government Act 2020 (the Act) in any items on the Agenda Paper. (Note that Section 130(2)(a) of
      the Act requires Administrators to disclose the nature of a Conflict of Interest immediately before the
      relevant consideration or discussion). Section 130(2)(b) also requires that the Administrator declaring
      a Conflict of Interest exclude themselves from the decision-making process in relation to that matter.

4.    PUBLIC QUESTION TIME

       At 4.05 pm Question Time commenced.

       Note: Questions are reproduced as prepared by the Questioner and no guarantee is given that
       any subject matter or statement contained in the question is factually correct.

       At 4.09pm Question Time concluded.

       Question 1 – Access to Ordinary Council Meeting Recordings

       Submitted by Garry Page

       How many Ordinary Council Meetings recording are locked as Private and when will they
       become available for public access?

       Answer was prepared by the Manager Governance and was read by the Chairperson of
       Administrators.

       Council is aware that some of the livestream videos on Council’s Youtube page have been archived
       and set to private. Council has restored these videos.
       Livestream videos of Council meetings are still available to be viewed by members of the public, free
       of charge on Council’s Facebook page without a facebook account.

 Council Meeting - 16 March 2021                                                                     Page 4
Question 2 - Lack of answers regarding Submissions City of Casey claimed to have lost then
     latter found

     Submitted by Brendan Browne

     In 2018 Casey claimed to lose submissions, ramifications being now a number of houses in
     Hampton Park can have buildings up to five stories built directly over their back fence, with no
     right to object. Is the City of Casey willing to properly review what really occurred regarding
     those submissions?

     Answer was prepared by the Manager Growth and Investment and was read by the
     Chairperson of Administrators.

     The Hampton Park Central Development Plan was adopted by Council on 4 June 2019. After the
     Development Plan was adopted, Council was notified of one submission that had not been
     considered. As such, the submission was not considered initially in the decision making around
     adopting the Development Plan. Council officers corresponded with you around the handling of the
     submission, which was unfortunately overlooked due to an administrative error. I apologise that this
     has occurred and I appreciate that this is frustrating after you prepared such a detailed submission for
     Council to consider.

     When the error was identified, Council officers reviewed the issues and concerns raised in your
     submission and provided a response to you outlining the findings of that review. The review
     highlighted the status of the Centre as a Major Activity Centre and the support for residential growth
     around the Centre as per the adopted Casey Housing Strategy.

     Therefore, it was determined that no changes were required to the Development Plan as a result of
     your submission, and it was considered unnecessary to re-adopt the Development Plan.

     I note your concern that five-storey development could occur within the centre. However, I
     understand that the previously adopted plan did not have any maximum building heights, and
     ultimately any application must undergo a thorough planning assessment, including consideration of
     impacts to adjoining properties.

     Question 3 - Subsidising of development by the City of Casey

     Submitted by Brendan Browne

     Can the City of Casey reveal how much it spends each year, effectively subsidising the
     development of land for urban purposes, through Infrastructure Contribution Plans?

     Answer was prepared by the Manager Growth and Investment and was read by the
     Chairperson of Administrators.

     Developer Contribution Plans supporting delivery of infrastructure in Growth Areas are structured to
     collect towards the cost of the infrastructure but are not expected to provide full cost recovery.
     Infrastructure contributions help fund basic and essential infrastructure for new and growing
     communities.

     In respect to levies collected toward Community and Recreation facilities, the levies are specifically
     capped by the State Government well below the actual cost of delivery.

Council Meeting - 16 March 2021                                                                       Page 5
As detailed in the City of Casey 2019-20 Annual Report, developer contribution plan projects with a
     total of value of $110,397,003 were delivered in 2019-20. The funding sources for these projects
     was:
     • $84,321,152 of developer contributions (monetary levies received from developers)
     • $13,754,849 of Council rates
     • $7,708,059 in Government grants
     • $4,612,943 in works in kind (Infrastructure provided by developers in lieu of levies)

Council Meeting - 16 March 2021                                                                    Page 6
5.
5.1.
            OFFICER'S REPORTS FOR CONSIDERATION
            QUARTERLY COMMUNITY REPORT – OCTOBER-DECEMBER 2020

       Quarterly Community Report – October-December 2020                                                                     ITEM: 5.1.
       Customer and Business Transformation
       Strategy and Business Intelligence
       Will Babington

       Purpose of Report:                                          To Present the October – December 2020 Quarterly Community Report

Mover / Seconder: Mr Belmar / Mr Boardman

That Council notes the Quarterly Community Report ending 31 December 2020.

                                                                                                                                 Carried
5.2.        2020/21 MID YEAR BUDGET REVIEW

       2020/21 Mid Year Budget Review                                                                                         ITEM: 5.2.
       City Planning and Infrastructure
       City and Asset Planning
       Keri New

       Corporate Services
       Finance and Rates
       Bernard Rohan

       Purpose of Report:                                        To brief Council on the Mid-Year Budget Update for 2020/21

Mover / Seconder: Mr Boardman / Mr Belmar

         1. That the report on the 2020/21 mid-year budget review be noted

         2. That Council approves the additional draw down of $90,000 from the Public Open Space
            Reserve for the purpose of delivering the Doveton Pool in the Park Master Plan

         3. That Council approves the change to the hourly fees for Arthur Wren Hall to $53.00 for the
            community rate and $74.00 for the standard rate, adjusted from the level specified in the
            2020/21 budget

         4. That Council approves the capital works budget variations detailed in Attachment A resulting
            in a year to date rates surplus of $234,793.

                                                                                                                                 Carried

       Council Meeting - 16 March 2021                                                                                           Page 7
Growing Suburbs Fund Applications                                                                                                   ITEM: 5.3.
       City Planning and Infrastructure
       City and Asset Planning
       Keri New

       Purpose of Report:                                                    Council endorsement for applications to the Victorian Government Growing
                                                                             Suburbs Fund.

Mover / Seconder: Mr Boardman / Mr Belmar

That Council endorse the projects for submission to the Growing Suburbs Fund, and in doing so
commit the required rates as outlined in this report.

                                                                                                                                                Carried
5.4.        DOVETON POOL IN THE PARK MASTER PLAN

       Doveton Pool in the Park Master Plan                                                                                                ITEM: 5.4.
       City Planning and Infrastructure
       City and Asset Planning
       Keri New

       Purpose of Report:                                                      To provide an update on the progress of the Doveton Pool in the Park
                                                                               Master Plan and endorse next steps.

Alternative Recommendation - Mover / Seconder: Mr Belmar / Mr Boardman

1. Council notes the Doveton Community Infrastructure Needs Assessment, Aquatic Facility
Demand Analysis and Open Space Assessment attached to this report.

2. Council notes the findings of these reports that indicates that an aquatic facility is not a priority at
this site, but that there is a need for increased district open space within the Doveton Eumemmering
area.

3. That Community and Stakeholder engagement commence to test the scope of facilities outlined in
(2) above as the basis for the development of a master plan for public open space at the site.

4. That a report be presented to Council following the community engagement process.

                                                                                                                                                Carried
5.5.        DISPOSAL OF LAND - 1070I CRANBOURNE FRANKSTON ROAD, CRANBOURNE

       Council Meeting - 16 March 2021                                                                                                         Page 8
Disposal of Land - 1070i Cranbourne Frankston Road,                                      ITEM: 5.5.
       Cranbourne
       Corporate Services
       Property and Procurement
       Chris Heath

       Purpose of Report:        For Council to consider the disposal of land at 1070i Cranbourne-Frankston
                                 Road, Cranbourne

Mover / Seconder: Mr Belmar / Mr Boardman

That Council:

         1. Commence the statutory procedures in accordance with the Local Government Act 1989, for
            the sale of land known as part of Lot 2 on PS613876N and located at 1070i Cranbourne
            Frankston Road, Cranbourne to the VIC SES shown as Proposed Lot 1 on the
            attached draft Plan of Subdivision 846066A (see Attachment 2) being approximately 5,018m2.

         2. Advertise the public notice outlining the Proposal in accordance with Section 223 of the
            Local Government Act 1989 including the intention to sell the land by private treaty.

         3. Consider any submissions lodged in response to the public notice under Section 223 of the
            Local Government Act 1989 at a future meeting, the time, date and place for which shall be
            arranged by the Chief Executive Officer.

         4. Receive a further report following the completion of the procedures under section 223 of the
            Local Government Act 1989 once the public notice period has closed.

                                                                                                    Carried
5.6.        CASEY FIELDS LEASE

       Council Meeting - 16 March 2021                                                              Page 9
Casey Fields Lease                                                                                                                                     ITEM: 5.6.
       Corporate Services
       Property and Procurement
       Chris Heath

       Purpose of Report:                                                                    For Council to enter a lease with Melbourne City Football Club for part of
                                                                                             Casey Fields

Mover / Seconder: Mr Belmar / Mr Boardman

That Council:
   1. Enters into a lease with the Melbourne City Football Club for part of the Premises known
      as Casey Fields comprising the following principal terms:

                                a. Lease term being thirty (30) years;
                                b. Commencement date being the date Council enters into the Lease;
                                c. Pre-payment of portion of rent owed for the term;
                                d. Balance of rent to be paid via an annual schedule of community obligations within the
                                   City of Casey, with such rental balance to be subject to market review and
                                   adjusted accordingly;
                                e. for the permitted use to operate a professional football club

         2. Authorises the Chief Executive Officer to finalise the negotiations with Melbourne City
            Football Club to his satisfaction and to enter into the lease on behalf of Council subject to the
            incorporation of the above principal terms.

                                                                                                                                                                   Carried
5.7.        UPDATE ON RATING MATTERS INCLUDING TREATMENT OF HARDSHIP ASSISTANCE IN 2020/21

       Update on Rating Matters including Treatment of                                                                                                        ITEM: 5.7.
       Hardship Assistance in 2020/21
       Corporate Services
       Finance and Rates
       Bernard Rohan

       Purpose of Report:                                                                      To update Council on Rating Matters

Mover / Seconder: Mr Boardman / Mr Belmar

That Council resolves that in response to the continued uncertainty associated with the COVID-19
crisis, that the City of Casey continue to implement freezes on interest on outstanding rates to 30
June 2021 and not pursue legal action to recover outstanding rates in this period.

                                                                                                                                                                   Carried
5.8.        S5 COUNCIL TO CEO INSTRUMENT OF DELEGATION UPDATE

       Council Meeting - 16 March 2021                                                                                                                           Page 10
s5 Council to CEO Instrument of Delegation update                                                       ITEM: 5.8.
       Corporate Services
       Governance
       Rhys Matulis

       Purpose of Report:                         Update s5 Instrument of Delegation

Mover / Seconder: Mr Boardman / Mr Belmar

That Council resolves, in the exercise of powers conferred by Section 11(1) of the Local Government
Act 2020 and the other legislation referred to in the Instrument of Delegation that:

         •       There be delegated to the Chief Executive Officer (CEO) and to members of Council staff
                 holding, acting in or performing the duties of the offices or positions referred to in the
                 attached Instrument of delegation to the CEO (Attachment A), the powers, duties and
                 functions set out in the Instrument, subject to the conditions and limitations specified in the
                 Instrument.

         •       The Instrument comes into force immediately after the Manager Governance signs the
                 Instrument on behalf of Council

         •       On the coming into force of the Instrument all previous delegations to the CEO are revoked.

         •       The duties and functions set out in the Instrument must be performed, and the powers set
                 out in the Instrument must be exercised, in accordance with any guidelines or policies of
                 Council that it may, from time to time, adopt.

And that a report be presented to Council on a quarterly basis updating Council on all contracts
approved by the CEO under delegation for amounts between $5 million and $15 million.

                                                                         Mr Boardman left the meeting temporarily at 4.49pm

                                                                                                                   Carried
5.9.         S6 INSTRUMENT OF DELEGATION UPDATE

       Council Meeting - 16 March 2021                                                                            Page 11
s6 Instrument of Delegation update                                                                               ITEM: 5.9.
        Corporate Services
        Governance
        Rhys Matulis

        Purpose of Report:                                 Update s6 Instrument of Delegation and inform Council of changes to
                                                           internal practice regarding planning matters

Mover / Seconder: Mr Belmar / Ms Duff

That Council authorise by resolution the s6 Instrument of Delegation from Council, to Council Staff
as per Attachment B.

                                                                                        Mr Boardman returned to the meeting at 4.51pm

                                                                                                                              Carried
5.10.        FOREIGN ARRANGEMENTS SCHEME

        Foreign Arrangements Scheme                                                                                     ITEM: 5.10.
        Corporate Services
        Governance
        Rhys Matulis

        Purpose of Report:                                   Review of Foreign Arrangements

Mover / Seconder: Mr Boardman / Mr Belmar

That Council terminate the arrangements with:
   • Berwick Upon Tweed
   • City of Springfield
   • Mianyang City
   • Dujiangyan City
   • CRRC/SRIC

                                                                                                                              Carried
5.11.        CONTRACT ACCEPTANCE AND SEALING NO CT000631

        Council Meeting - 16 March 2021                                                                                     Page 12
Contract Acceptance and Sealing No CT000631                                              ITEM: 5.11.
 City Planning and Infrastructure
 City Design and Construction
 Trevor Griffin

 Purpose of Report:      To advise on the tenders received for Contract No. CT000631 - Intersection
                         Construction at South Gippsland Highway & Glasscocks Road, Hampton
                         Park and recommend the acceptance of a preferred tenderer and the overall
                         project budget.

Mover / Seconder: Mr Belmar / Mr Boardman

1. That Council award the tender for Contract No CT000631 - Intersection Construction at South
Gippsland Highway and Glasscocks Road, Hampton Park to R & C Asphalt Paving Pty Ltd for the
Final Tender Price and construction contingency as detailed in the Confidential Attachment to this
report.

2. That Council notes the funding required in the 2021/22 Capital Works Program as detailed in the
     Confidential Attachment to this report

3. That the Contract documents be signed and sealed.

                                                                                              Carried

6.    CONSIDERATION OF REPORTS OF COMMITTEES

6.1. RECORD OF DISCUSSION

      That the Record of the Assembly of Councillors, as listed, be received and noted.
                                                                                              Carried

7.    PETITIONS

7.1. ADVERTISEMENTS FOR MP'S IN SPORTING CLUBS/GROUNDS

      Petition was tabled by Mr Anthony Disanayake along with 108 signatories.

      Recommendation – That the relevant Council Department write to the Head Signatory and
      provide a response to the matters raised in the petition.

      Mover / Seconder: Mr Belmar / Mr Boardman

                                                                                              Carried

 Council Meeting - 16 March 2021                                                             Page 13
7.2. DOVETON POOL IN THE PARK

      Petition was tabled by Doveton Eumemmerring Township Association (DETA) along with 1190
      signatories.

      Recommendation – That the relevant Council Department write to the Head Signatory and
      provide a response to the matters raised in the petition.

      Mover / Seconder: Mr Belmar / Mr Boardman

                                                                                                Carried

8.    URGENT BUSINESS

      Nil.

9.    CLOSED COUNCIL

      Nil.

      CONCLUSION OF MEETING

      The Meeting closed at 5.03 pm.

      Confirmed this 20 day of April 2021

       ………………………………………….
       Ms Noelene Duff
       Chairperson of Administrators
       City of Casey

       JM

 Council Meeting - 16 March 2021                                                           Page 14
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