Council Minutes
Monday 4 September 2017
MINUTES
of the ORDINARY MEETING of the STONNINGTON CITY COUNCIL
held in the COUNCIL CHAMBER, MALVERN TOWN HALL
(CORNER GLENFERRIE ROAD & HIGH STREET, MALVERN)
on
4 September 2017
A. Reading of the Reconciliation Statement and Prayer
B. Apologies
C. Adoption and confirmation of minutes of previous meeting(s) in accordance with Section 63 of the Act and Clause 423 of General Local Law 2008 (No 1)
1. Minutes of the Council Meeting held on 21 August 2017 5
D. Disclosure by Councillors of any conflicts of interest in accordance with Section 79 of the Act[1]
E. Questions to Council from Members of the Public
F. Correspondence – (only if related to council business)
G. Questions to Council Officers from Councillors
H. Tabling of Petitions and Joint Letters
I. Notices of Motion
J. Reports of Special and Other Committees
1. Reports of Committees: IMAP 6
K. Reports by Delegates
L. General Business
1. Stonnington Indoor Sports Stadium - Assessment of Alternate Sites 6
2. Planning Application 0652/16- 1262 High Street, Armadale - part demolition, buildings and works on a lot in a Commercial 1 Zone and Heritage Overlay and reduction to the car parking requirement. 6
3. Planning Application 1276/16 - 1 3 & 5 Hurstmon Street, Malvern East (& adjoining land subject to adverse possession: Lot 1 on Title Plan 923984S) - Construction of a multi-dwelling development on a lot in a Residential Growth Zone 9
4. Planning Application 1045/14 - Wesley Boatshed, 160 Alexandra Avenue, South Yarra - buildings and works associated with an existing use (boatshed), tree removal and business identification signage in a Public Park and Recreation Zone, Land Subject to Inundation Overlay, Significant Landscape Overlay and alteration of access to a Road Zone. 15
5. Planning Application 0221/17- 37 Westbourne Street, Prahran VIC 3181- Part demolition, alterations and additions to a dwelling on a lot less than 500sqm in a Neighbourhood Residential Zone, Special Building Overlay and Heritage Overlay. 21
6. Financial Statements and Local Government Performance Report For The Year Ended 30 June 2017 23
7. Instrument of Delegation s6 from Council to Organisational Roles 23
8. Proposal to Re-Name Viva Street Reserve 23
9. Municipal Public Health and Wellbeing Plan 2017-2021 Draft 24
10. Glenloch Grove - Plaque Design 24
11. Draft Children, Youth and Family Strategy 24
12. Draft Economic Development Strategy 2017-2021 25
13. Dixon Street, Prahran - S223 Report - Proposal to Alter Parking Arrangement 25
14. Market Street Car Park, South Yarra - Proposed Permanent Closure to Through Traffic 25
M. Other General Business
N. Urgent Business
O. Confidential Business
Page 3
Council Minutes
Monday 4 September 2017
Present : cr glen atwell
: cr marcia griffin
: cr john chandler
: cr sally davis
: cr judy hindle
: cr matthew koce
: cr melina sehr
: cr steve stefanopoulos
Council Officers Present
: warren roberts, ceo
: geoff cockram
: simon thomas
: karen watson
: stuart draffin
: gareth gale
: judy hogan
Page 4
Council Minutes
Monday 4 September 2017
A. Reading Of The Reconciliation Statement And Prayer
Procedural Motion: Moved Cr Matthew Koce Seconded Cr John ChandlerThat a leave of absence be granted to the Mayor, Cr Klisaris, for tonight’s meeting and that Cr Sehr chair the Meeting.
Carried
Councillor Sehr took the Chair.
Judy Hogan, Civic Support Officer, read the following reconciliation statement:
We acknowledge that we are meeting on the traditional land of the Boonwurrung and Wurundjeri people and offer our respects to the elders past and present. We recognise and respect the cultural heritage of this land.
The meeting began with a prayer at 7.00pm.
Cr Sehr introduced Councillors to the meeting, noting that the Mayor, Cr Klisaris, had sent her apologies due to illness.
B. Apologies
Leave of absence had already been granted for the Mayor, Cr Klisaris.
C. Adoption And Confirmation Of Minutes Of Previous Meeting(S) In Accordance With Section 63 Of The Act And Clause 423 Of General Local Law 2008 (No 1)
1. / Council Meeting - 21 August 2017Motion: Moved Cr John Chandler Seconded Cr Sally Davis
That the Council confirms the Minutes of the Council Meeting of the Stonnington City Council held on 21 August 2017 and the Confidential Minutes of the Council Meeting of the Stonnington City Council held on 21 August 2017 as an accurate record of the proceedings subject to the following: Cr Hindle asked that the following amendment be made to the Ordinary Minutes of the Council Meeting of the Stonnington City Council held on 21 August 2017 on page 22 Item 8 Art Acquisition Proposals to read ‘ Cr Hindle and Cr Davis (deleted ‘were absent’ insert abstained’)
Carried
D. Disclosure by Councillors of any conflicts of interest in accordance with Section 79 of the Act
Nil
E. Questions to Council from Members of the Public
During Council’s previous Ordinary Meeting three (3) sets of questions to Council were received from members of the public. All questions were relating to the proposed Stonnington Indoor Stadium, the Chadstone Bowling Club, the East Malvern RSL and Percy Treyvaud Reserve.
At the time, I used my discretion available to me under Council’s General Local Law not to answer the questions at the meeting. As required under the Local Law, written answers were subsequently provided to the submitters. A copy of the responses is now tabled for inclusion in the minutes.
1. Questions and responses Ms Wallish
Question 1
The Mayor reported that she met with the General Manager of Chadstone on the 22.6.17, what was this meeting regarding?
Response
The meeting was an introductory meeting to meet the General Manager of Chadstone Shopping Centre.
2. Questions and responses to Ms Hilder
I would like Council to investigate and obtain answers to the following questions in relation to the above recently constructed apartment development (the Property).
Question 1
What action is Council proposing to take in relation to the developer’s breach of planning permit condition no 12 which required it to erect a tree protection fence around the plane tree immediately outside the Property and retain it for the entire construction period? (This condition was never complied with).
Response
The Owner was issued with a Planning Infringement Notice, which has been paid.
Question 2
What action is council proposing to take in relation to the fact that the plane tree the subject of the protection condition has died at some point during the construction process (based on my observation, this occurred late 2016, in any event it became very obvious over summer as the tree did not go into leaf)?
Response
The tree in question was damaged by a water service installation company, who have trenched through a large root that traverses in an easterly directly from the tree. Unfortunately, utility companies are not required to obtain local law permits to prune Significant Trees – including street trees. As such there is little recourse for Council in this regard. Nonetheless, Council will be sending a letter to the utility company to ask why this large root was severed without notice to Council.
Question 3
What systems or processes does council have in place to check, monitor and ensure compliance generally with tree protection conditions?
Response
Whilst Council Officers (including Council Arborists) are always on the ‘look out’ for breaches when driving or walking the Municipality, Council is, to an extent, reliant on members of the public reporting planning breaches to Council’s Compliance Department. Council is endeavouring to take a more proactive rather than reactive response in matters such as tree protection and landscaping. It must be noted however that it will never be possible to monitor each and every planning permit from its inception through to its effective conclusion.
Question 4
If, as appears to be the case, council has no (or at best, inadequate) processes in place, what steps will it take to implement or improve such processes or systems?
Response
As discussed above, Council has been endeavouring to improve the monitoring of Planning Permits. Council has recently employed a third Compliance Officer to assist in this regard.
Question 5
Has council returned the security deposit it presumably obtained from the developer at the commencement of the works against damage to the pavement etc.? If so, who authorised the return in circumstances where Council has been on notice about the dead tree and the breach of the planning permit (and hence the possible need to recover a penalty from the developer) since January 2017?
Response
A bond has been paid to Council for the protection of Council assets for the duration of the building works at the property. Upon completion of the works, Council assets such as the footpath and kerb will be repaired or reinstated to the satisfaction of Council’s Inspection Officer before the bond is refunded.
3. Questions and responses to Ms Baxter
I appreciate your input to the meeting and the efforts you all need to perform the duties of a Stonnington Councillor and CEO
So was a little disturbed that no one questioned the item on August 7 Meetingp63 General Business - Glenview Av a relatively minor issues with impacts on the small local community every day
I have no knowledge of this issue except as in the Agenda
30 properties were circulated with 8 replies - a 27% response -this was 7 in support and 1 against NOT a majority either way
In my opinion, the appropriate response from you as councillors was that the staff ascertain the views of as many as it took to have at least16 one way or the other
22 no responses so no way to reach a decision to implement parking restrictions (a vocal minority perhaps) to an issue that potentially has ramifications for all.
By not ascertaining the opinions of the 22 or at least a higher proportion of them, presupposesthat there was majoritysupport for the parking restrictionswhichmay not be in facttrue.
I obviously find numbers and statistics interesting and when I see these situations become concerned particularly when there are small numbers of responses
So my ONE question to COUNCIL for next week is
At the Strategic Planning Forum (which I attended - perGrant Smethurst) the number of participants did not fill the upstairs foyer of the Town Hall
And
Where the OFFICERS decided that the outcomewas there was anissue for Women and the PNA ( I have NO RECOLLECTION of this at all, although I was concerned that there seemed to be a concentration of spending in the WEST),
What was the numberRESIDENT RATEPAYERS of Stonnington at that meeting compared to the number of ratepayers in Stonnington?
so we are now all embroiled in the SAVE CHADDY BOWLS, PERCY TREVYARD and the precious local OPEN SPACE, because of the views of a probably a VOCAL MINORITY
Your response as a 'await the feasibility outcomes'
to say the least, I would consider be an abrogation of my rights as a local, resident who will be greatly impacted EVERY DAY,
if this is not resolved quickly, with the consequent terrible angst that was in evidence at that meeting.
I found the emailsent to Glen Atwell appalling but probably predictable under the circumstances
Response
The meeting to which you refer was a Sports Club Forum held on 12 August 2014 as part of the process to develop the Stonnington Recreation Strategy. The attendees at the forum were representing a broad range of Stonnington-based sports clubs and associations.
F. Correspondence – (only if related to council business)
Cr Stefanopoulos
· An email (22-08-2017) to Council in relation to excessive loud music at a property in Commercial Road, Prahran. Cr Stefanopoulos asked Council Officers to investigate the matter.
Cr Davis
· A report from an engineer who lives in the municipality raising issues about the critique of the Hanson Report. Cr Davis asked that Councillors receive a copy of the engineers email.
Cr Chandler
· Correspondence from the Municipal Group of Valuers in relation to the State Taxation Amendment Bill 2017, expressing concern about moving the evaluation process away from local government.
· An email from a Toorak resident who has a painting of the Chapel Street Bridge, asking if Council would find it an interesting object to purchase.
· Correspondence from the Malvern Cricket Club seeking support for a proposed cricket net facility at Robert Menzies Reserve.
· Correspondence from a South Yarra resident in relation to/objecting to a planning application in Chapel Street which asks for an extension to a footpath licensed area.
Cr Sehr tabled the following correspondence on behalf of the Mayor, Cr Klisaris:
· Eighteen items of correspondence offering condolences to Council about the death of Mr Claude Ullin AM.
G. Questions to Council Officers from Councillors
Cr Sally Davis referred to correspondence she had tabled from an engineer who wants to know if a plan he submitted in relation to Como Park North being a possible site for an indoor stadium had been given consideration. Cr Davis asked if Council Officers had considered this matter.
Karen Watson, General Manager Community and Culture, said that the site referred to was open space. The correspondent has received a response from Council Officers.
Cr Davis said that she understood that the site was quite inaccessible. She asked if this was the case.
Tony Oulton, Manager Community Facilities, said that the site referred to was opposite the South Yarra Tennis Club. There were some access problems, but the area is zoned as open space and open space has not been considered for the indoor stadium.
B / oBike
Cr Marcia Griffin said that people kept asking her what the City of Stonnington was doing in relation to oBikes.
Simon Thomas, General Manager Assets and Services, said there was a salient 3AW radio interview today with The Lord Mayor, Cr Robert Doyle which noted that the City of Melbourne has taken affirmative action in relation to this matter. Over the weekend they started taping off the bikes and are now considering impounding them. The City of Melbourne hope to formulate an agreement about the use of bikes in the metropolitan area. Hopefully their action will see oBike more willing to negotiate. His hope is that the City of Melbourne will forge a way forward for all municipalities. The Cities of Port Philip and Yarra are working with the City of Melbourne in relation to this initiative.
C / oBikes
Cr Judy Hindle said that she had heard a Rafael Epstein interview on Radio Station 774AM with the CEO of oBikes which mentioned that those three Councils were working together. She asked why the City of Stonnington was not involved.
Simon Thomas, General Manager Assets and Services, said that the three municipalities most affected were those three municipalities. The City of Stonnington hasn’t been excluded, but will benefit from their activity. It could join if that was requested.
D / Glenferrie Road
Cr Steve Stefanopoulos said he had a discussion with a resident who raised two issues in relation to Glenferrie Road, Malvern. They asked why new nature strips installed north of Malvern Road had not been installed further south in Glenferrie Road. Cr Stefanopoulos asked for a report to come back to Council regarding any previous investigation and/or consultation we have undertaken with regards to installing a nature strip along Glenferrie Road between Malvern Road and the Malvern Police Station.
Cr Stefanopoulos asked for a report to come back to Council regarding the missing fig trees along the entire length of Glenferrie Road, including the surrounding commercial side streets where retail exists and the possibility of planting some canopy trees in strategic locations where possible.
The General Manager Assets and Services, took the questions on notice.
H. Tabling of Petitions and Joint Letters