MINUTES OF THE Council Meeting
HELD AT THECouncil Chamber, Moreland Civic Centre, 90 Bell Street, Coburg
ONWednesday 5 October 2016
The meeting commenced at 7 pm and closed at 10.31 pm.
Present: / Time In / Time OutCr Samantha Ratnam (Mayor) / 7 pm / 10.31 pm
Cr Lita Gillies (Deputy Mayor) / 7.01 pm / 10.31 pm
Cr Sue Bolton / 7 pm / 10.31 pm
Cr Helen Davidson / 7 pm / 10.31 pm
Cr Meghan Hopper / 7 pm / 10.31 pm
Cr John Kavanagh / 7 pm / 10.31 pm
Cr Lambros Tapinos / 7 pm / 10.31 pm
Cr Michael Teti
Cr Lenka Thompson / 7 pm / 10.31 pm
Cr Rob Thompson / 7 pm / 10.31 pm
Cr Oscar Yildiz JP / 7 pm / 10.31 pm
7.01pmCr Gillies entered the Council Chamber.
APOLOGIES:
Cr Teti.Cr Gillies moved, Cr Hopper seconded that the apology for Cr Teti be accepted.
Lost
OFFICERS:
Chief Executive Officer – Nerina Di Lorenzo
Director Corporate Services – James Scott
Director City Infrastructure –Grant Thorne
Director Social Development – Arden Joseph
Director Planning and Economic Development - Kirsten Coster
Executive Manager Organisation Development - Anita Craven
Manager Property and Governance– Olivia Wright
Executive Assistant Corporate Services – Sandra Rosenberg
DECLARATION OF INTERESTS AND/OR CONFLICTS OF INTEREST:
Nil
CONFIRMATION OF MINUTES:
Cr Bolton moved, Cr Gillies seconded that the minutes of the Council meeting held on 14September 2016 and the Council meeting on 26 September 2016 be confirmed with the following amendment noting that Cr R Thompson moved, Cr Yildiz seconded PET 23/16 petition for community safety along Sydney Road and Upfield bike path.Carried
Suspension of Standing Orders
Cr Ratnam moved, Cr Kavanagh seconded that Council resolve that Standing Orders be suspended.
Carried
Standing orders were suspended at 7.06 pm.
Cr Ratnam made a statement in relation to two errors in the meeting minutes from the November 2014 meeting regarding the C123 amendment to the Moreland Planning Scheme – Coburg Activity Centre – Consideration of Panel Report and Adoption (D14/316293):
I would like to have noted for the record that the minutes for the C123 amendment to the Moreland Planning Scheme – Coburg Activity Centre – Consideration of Panel Report and Adoption (D14/316293) incorrectly state that “Council resolve that the panel report recommendations be amended as follows.. “.This is incorrect and should have read: “Council resolve that the officer report recommendations be amended as follows: …”.
In addition, the minutes show the division of voting preferences after the amendment being lost, and prior to the substantive resolution suggesting that the division is for the Amendment to vote.This was incorrectly written as the division was actually for the substantive vote.I would like this noted as I, along with Crs Gillies and Bolton voted against the substantive motion, rather than the Amendment as it is currently written.
7.09pmCr Yildiz left the Council Chamber.
7.10 pmCr Yildiz returned to the Council Chamber and resumed his seat.
Resumption of MeetingCr Ratnam moved, Cr L Thompson seconded that Council resolve that Standing Orders be resumed.
Carried
The Council meeting was resumed at 7.12pm with all Councillors present.
Petitions:
PET24/16Communuty Safety at Turner Street Kindergarten, CoburgA petition (D16/353331) has been received containing 60 signatures requesting Council to include the laneway on the north-east corner as part of the Turner Street Kindergarten parcel of land to increase community safety.
Cr Bolton moved, Cr Kavanagh seconded that -
Council resolve:
1.The petition be received and noted.
2.The petition be referred to the Director Corporate Services for consideration.
3.Any proposed action is emailed to all Ward Councillors and Councillors Responsible For, allowing seven clear days for Councillor feedback.
4.The petition organiser be advised of this action.
Carried
Reports from Committee to Council:
RCC23/16Friends of Aileu Community Committee Minutes - 19 July 2016 (D16/251800)The recommended decision is not a Major Policy Decision, as defined in section 93A of the Local Government Act 1989, or an Inappropriate Decision within the meaning of the Election Period Policy.
The minutes of the Friends of Aileu Community Committee meeting held on 19 July 2016 (Attachment 1)are provided for Council’s information.
Key Items Discussed:
A presentation by Mr Carlo Carli, Chair of Merri Health, on his report “Merri Health Visit to Aileu Jun 2016”, and discussions on priorities for collaboration in the area of community health.A briefing on the next phase of the Aileu Oral Health Education Program in schools, prepared by Dr Martin Hall and Bradley Christian of North Richmond Community Health.
Visits to Aileu in June-July 2016 by:
-The Friends of Aileu Project Officer; who met with the new Municipal Administrator Sr Joao Tilman do Rego and new Municipal Secretary Sra Victoria do Rego, and where discussions included:
The presentation to the Municipal Administrator of copies of the Moreland and Hume City Council Municipal Agreements signed earlier this year;
The draft for an updated Friendship Agreement and its proposed signing to renew the relationship;
Priorities suggested by the Aileu Municipal Administrator for the Friendship and Municipal Cooperation Agreements;
-A CERES Global Permaculture Design Certificate student group, and their engagement with the Aileu Resource and Training Centre and others to produce a concept design for renovating an area of erosion control reforestation, an overgrown fruit tree and vegetable demonstration garden and a tranquillity/meditation garden;
-A CERES Global/Swinburne University IT for Social Impact student group, and their engagement with the Aileu Resource and Training Centre on auditing and improving its IT software and hardware, and IT training course materials and program.
Recent cultural exchange activities including:
-The visit of The Boite’s Thursday’s Voices, who sang with the Aileu Teachers and Technical School choirs on 1 June;
-Friends of Aileu’s sponsoring of 4 young people and their school teacher to participate in art workshops at Arte Ramelau, Ainaro, for 4 days during July.
The very positive responses from Aileu partners to these visits and exchanges.
The 2016 Budget and Financial Summary to 15 July.
Recommendations for transfer of funds to support projects delivered by Aileu partner organisations, which were approved at the meeting.
The Friends of Aileu delegation to the Decentralisation and Local Government Conference in Dili (17-18 August), and the proposal for the delegation to provide initial feedback on the friendship and cooperation priorities suggested by the Municipal Administrator at the preparatory municipal level conference (15 August).
Cr Ratnam moved, Cr Bolton seconded that the report from Committee to Council be received and noted.
Carried
RCC24/16Moreland Libraries Advisory Committee (MorLAC) meeting minutes - 30 August 2016 (D16/321477)
The recommended decision is not a Major Policy Decision, as defined in section 93A of the Local Government Act 1989, or an Inappropriate Decision within the meaning of the Election Period Policy.
The minutes of the Moreland Libraries Advisory Committee (MorLAC) meeting held on 30August 2016 are provided for Council’s information.
Key Items Discussed:
Library User Satisfaction Survey 2016Community initiated and facilitated programs in library spaces
Action Plan update from MorLAC feedback
Cr Hopper moved, Cr Gillies seconded that the report from Committee to Council be received and noted.
Carried
RCC25/16Performing Arts Moreland (PAM) 2015 - 2016 report to Council (D16/321481)
The recommended decision is not a Major Policy Decision, as defined in section 93A of the Local Government 1989, or an Inappropriate Decision within the meaning of the Election Period Policy.
The Performing Arts Moreland (PAM) report for 2015-2016 is provided for Council’s information.
Key Items Discussed:
Chair’s reportBrunswick Music Festival KPIs
Sydney Road Street party KPIs
Funding and sponsorship
Brunswick Beethoven Festival
Cr R Thompson moved, Cr L Thompson seconded that the report from Committee to Council be received and noted, with the amendment to page 23 noting that 685, not 123 people attended the Brunswick Beethoven Festival.
Carried
QUESTION TIME:
Cr Ratnam moved, Cr Kavanagh seconded that questions be accepted from the gallery for 30 minutes.
Carried
ON10/16Ms Helen Filiopoulos - Fitzroy North
Ms Filiopoulos spoke about an ongoing dispute over two years regarding a street tree at Pleasance Street, Fitzroy North seeking a resolution to the issue.
Grant Thorne, Director City Infrastructure took the question on notice and advised that a detailed written reply would be provided.
Cr Bolton responded that there is a need for a meeting. Cr Tapinos agreed that there is a need for a meeting suggesting that the Chief Executive Officer be present.
Cr Ratnam agreed that both a written response and meeting would be organised.
QT94/16Mr Mark Higginbotham - Brunswick West
Mr Higginbotham asked if Council had received a reply from Planning Minister regarding car stackers on a letter dated 16 March 2016 and requested a copy of the response.
Cr Ratnam responded that Council had received a copy from the Minister a few days ago and outlined the summary points provided:
- Amenity concerns can be addressed through planning permit conditions.
- Sufficient state guidance is provided through the environmental protection(Residential Noise) Regulations.
- A local policy could assist in decision making.
Kirsten Coster, Director Planning and Economic Development responded that in respect of Local Policy Guidance, Council may also work with other Councils seeking the same controls as a joint initiative, depending on the panel hearing of the C159 which will provide more guidance around design, locations and buffers.If not successful then Council may need to consider allocating resources to develop a more local policy.
QT95/16Mr Mark Higginbotham - Brunswick West
Mr Higginbotham asked what Council was going to do regarding ratepayers who are asset rich and income poor on payment of rates.
Cr Ratnam responded that all Councils are facing the same issue and looking at joining with other Councils to address the issue.
Cr Tapinos responded that all Councils are currently in a rate capping environment with only a 2.5% rate increase allowed this year, however, Cr Tapinos agreed that Council assets could be used in a more effective way and that Council needs to look at other methods of generating income.
Cr Hopper stated that Council needs to look at an alternative rating system rather than one based on property values due to the rate of the rise in property values in the municipality.
Cr Gillies stated a grass roots campaign is needed to change the State Government’s rating system.
Extension of Time
Cr Kavanagh moved, Cr Bolton seconded that question time be extended by 30 minutes.
Carried
ON11/16Ms Helen Deans - Coburg
Ms Deans spoke in relation to seven storey building planned for 11 Urquhart Street, Coburg (Pentridge development) and asked why Councillors from the Urban Planning Committee strongly voiced their opposition to the possible loss of office/work places on the ground floor of this development only to change their minds for the Statement of Grounds for the VCAT hearing?
Cr Tapinos responded that it is often disappointing to see the work of the Urban Planning Committee and Council overturned by VCAT.The Urban Planning Committee is part of a democratic system who do listen to the community.
Kirsten Coster, Director Planning and Economic Development responded that in relation to the Statement of Grounds they reflect exactly what the refusal grounds are and this was based on height rather than the use of office space.
Cr Bolton responded that we will need to check the wording of the resolution and that we may need to be more careful going forward in what is included in the decisions.
Ms Deans requested statistics on VCAT hearings and enquired approximately how many VCAT hearings did Council have last year, what was the win/loss ratio, and the cost in staff appearances and barristers?
Cr Ratnam responded that Council did have and Urban Planning Activity Report to the September Council meeting, which had some statistics about this matter but not sure that whether we had the full costing on it. The question was taken on notice to respond in writing and to provide a copy of the September 2016 Council Report.
Cr Kavanagh said that on 13 October 2016 the planning fees Council charges developers were about to be increased for the first time in 16 years. He noted that for the past 16 years the fees have not covered Council’s costs and went on to say that for the last year this has cost Council $3 million dollars and this shortfall means that ultimately the development industry is being subsidised by ratepayers.
ON12/16Mr David Nunns - Coburg
Mr Nunns asked if Moreland City Council will alter, amend or vary (as appropriate) Clause 8.5 ‘Dispute and Grievance Resolution’ and/or Clause 8.6 ‘Dispute/Grievance Resolution relating to Final Warning or Notice to Show Cause’ of the Moreland City Council Enterprise Agreement 2015 (AG2015/5218) so that these clause/s are compliant with the Charter of Human Rights and Responsibilities Act 2006 and in doing so, provide employees with the same rights of appeal to an independent, external, third-party that exists for a property developer?
Nerina Di Lorenzo, Chief Executive Officer, responded that question be taken on notice.
Mr Nunns noted that the City of Moreland has removed the subsidy on waste services in the 2016-2017 financial year and as a consequence has applied the full cost of the waste charge to ratepayers. Given this, Mr Nunns asked if Moreland City Council would give proper and genuine consideration to having waste services (ie waste collection done south of Bell Street) performed directly by employees of Moreland City Council, rather than the existing practice where a contractor provides this service with the sole purpose of making a profit from the City of Moreland and its residents and ratepayers?
Cr Gillies responded that Council should not use contractors but use in-house services.
Nerina Di Lorenzo took this question on notice.
QT96/16Mr Nic Dolby - Brunswick West
Mr Dolby requested that Council use leniency when using Local Laws to move homeless people on and if Council can provide a place where homeless people can be sheltered, such as Sydney City Council has done.
Cr Ratnam responded that this is included as part of the Council report on the homeless to be presented tonight and one of the recommendations talks about a review of the Local Laws pertaining to this issues.
Mr Dolby commended those Councillors not seeking re-election Cr L Thompson, Cr R Thompson and Cr L Gillies and thanked them for their time on Council.
On Notice Items from Previous Council Meeting:
Nil.
COUNCIL REPORTS:
DED79/16Policy Neutral Updates of the Brunswick and Coburg Structure Plans (D16/303073)The recommended decision is not a Major Policy Decision, as defined in section 93A of the Local Government 1989, or an Inappropriate Decision within the meaning of the Election Period Policy.
A number of documents were prepared for both the Brunswick and Coburg Structure Plans over a period of about 10 years as outlined in this report.
When both Panels that considered the introduction of the structure plans through Amendment C123 (Coburg) and Amendment C134 (Brunswick) considered the volume of documents that informed them they recommended that Council prepare updated andpolicy neutral consolidated reference documents to replace the various documents that had been prepared to ensure consistency with the content of the approved amendment.
In response to the Panel recommendations and reports to Council, Council officers have prepared a consolidated, updated and policy neutral structure plan document for both the Coburg and Brunswick activity centres (Attachment 1 Coburg Structure Plan Reference Document 2016 and Attachment 2 Brunswick Structure Plan Reference Document 2016). Noting at this time that the Master Plan review process for Pentridge may require further changes to the Coburg Structure Plan but as these will not be policy neutral they will require a separate process in the future.
It is appropriate to include the updated structure plans in the Moreland Planning Scheme (MPS) as Reference Documents so that they are given statutory weight. It is therefore recommended Council request the Minister for Planning to approve an amendment using the provisions of Section 20 of the Planning and Environment Act 1987 that inserts the structure plans as reference documents in the Moreland Planning Scheme without formal exhibition. Initial discussions have been held with officers from the Department of Environment, Land, Water and Planning (DELWP) who have advised an exemption would be appropriate on the basis that the updated plans are policy neutral and that Amendment C158 has been approved (Amendment C158 introduces the Moreland Industrial Land Strategy (MILS) in the MPS which includes parts of the Brunswick Activity Centre).
It is proposed that upon approval of the policy neutral amendment, that the two structure plans are professionally graphically designed and then uploaded on Councils website. It is intended that stakeholders would refer to these two documents as the key documents to ascertain the key development directions of the structure plans (rather than try to navigate through the numerous documents that were prepared). All previous documents that were prepared for both Coburg and Brunswick will remain on Council’s website as background documents.
Council’s Places Branch arecurrently in the process of preparing Place Making Plans (PMPs) for Coburg and Brunswick, which will be four year implementation plans that flow on from Council’s Place Framework work and align with Council’s new Council Plan.These will be largely informed by the Investment Strategies and Public Realm and Infrastructure Strategies that support the respective Place Frameworks now that the Built Form and Land Use Strategies are largely implemented with the planning scheme amendments.It is proposed to present the draft PMPs to Council before June 2017 for endorsement.
Cr Yildiz moved, Cr Davidson seconded that -
Council resolve to:
1.Adopt the Coburg Structure Plan Reference Document 2016 and the Brunswick Structure Plan Reference Document 2016 for inclusion as Reference Documents in the Moreland Planning Scheme.
2.Request the Minister for Planning to approve an amendment to the Moreland Planning Scheme (using the provisions of Section 20 of the Planning and Environment Act 1987 to seek exemption from giving notice) to include the Brunswick Structure Plan Reference Document 2016 and Coburg Structure Plan Reference Document 2016; (thereby replacing the existing reference documents including: Brunswick Structure Plan 2010;Brunswick Structure Plan Addendum 2012; Sydney Road/Upfield Corridor Strategic Framework Plan (2014); Central Coburg 2020 Structure Plan 2006; Colours of Coburg Place Framework and Strategies 2010;Coburg Principal Activity Centre Built Form Rationale and Building Envelopes 2014).