MINUTES COUNCIL MEETING TUESDAY, 28 AUGUST 2018 7.00PM MOUNT ELIZA COMMUNITY HALL 90-100 CANADIAN BAY ROAD, MOUNT ELIZA - Mornington Peninsula Shire
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MINUTES
COUNCIL MEETING
TUESDAY, 28 AUGUST 2018
7.00PM
MOUNT ELIZA COMMUNITY HALL
90-100 CANADIAN BAY ROAD, MOUNT ELIZACouncil Meeting Minutes 28 August 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 2Council Meeting Minutes 28 August 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 Petitions and Joint Letters ........................................................................ 6
2.5 Councillor Briefing Sessions .................................................................... 7
2.6 Assembly of Councillors ........................................................................... 9
2.7 Presentation ................................................................................................ 9
2.8 Public Question Time ............................................................................... 10
3 MANAGEMENT REPORTS ..................................................................................... 14
3.1 Community Presentation - 2018 Mornington Peninsula Delys Sargeant
Age Friendly Awards ................................................................................ 14
3.2 Monthly Finance Report - July 2018 ....................................................... 17
3.3 Draft Tender Call-in protocol ................................................................... 19
3.4 Request to Attend - 2019 Asia Pacific Cities Summit and Mayors'
Forum ........................................................................................................ 21
3.5 Section 181: Sale of Properties for Unpaid Rates ................................. 24
3.6 Chief Executive Officer - Study Tour November 2017 .......................... 27
4 COUNCILLORS AND DELEGATES REPORTS ..................................................... 35
5 NOTICES OF MOTION ............................................................................................ 39
5.1 Notice of Motion - 187 (Cr Fraser) ........................................................... 39
5.2 Notice of Motion - 188 (Cr Fraser) ........................................................... 41
6 URGENT BUSINESS ............................................................................................... 43
7 CONFIDENTIAL ITEMS ........................................................................................... 44
8 MEETING CLOSE .................................................................................................... 46
Mornington Peninsula Shire Council 3Council Meeting Minutes 28 August 2018 1 OPENING AND WELCOME Meeting opened: 7.02pm Appointed Chairman – Mayor, Cr Bryan Payne 1.1. Acknowledgement of Traditional Land Owners (Read by Cr Fraser) “Mornington Peninsula Shire acknowledges and pays respect to the Boon wurrung / Bunurong people, the traditional custodians of these lands and waters.” 1.2 Prayer (Read by Cr Celi) "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 28 August 2018
2 PROCEDURAL MATTERS
Present
Mayor, Cr Bryan Payne (Chairperson)
Cr Simon Brooks
Cr Antonella Celi
Cr Bev Colomb
Cr Rosie Clark
Cr Hugh Fraser
Cr David Gill
Cr Sam Hearn
Cr Frank Martin
Cr Julie Morris
Mr Carl Cowie, Chief Executive Officer
2.1 Apologies
Deputy Mayor, Cr Kate Roper
2.2 Disclosure of Conflicts of Interest Pursuant to Section 79 of the Local
Government Act 1989
Cr Payne declared a conflict of interest in relation to item 3.4 – ‘Request to Attend – 2019
Asia Pacific Cities Summit and Mayors’ Forum.’
2.3 Confirmation of Minutes
RECOMMENDATION
That the Minutes of previous Council Meeting held on 14 August 2018, be confirmed.
COUNCIL DECISION
Moved: Cr Clark
Seconded: Cr Martin
That the recommendation be adopted.
Carried
Mornington Peninsula Shire Council 5Council Meeting Minutes 28 August 2018
2.4 Petitions and Joint Letters
A petition containing approximately 124 signatures has been received in relation to the leash
free area off Dunns Road, Mornington. The petitioner has suggested that clear signs be
erected indicating financial penalties for those not picking up after their dogs, and more
frequent spot checks by Rangers with the ability for them to impose on the spot fines.
Immediate Comment
These matters are enforced by the Shire Rangers in accordance with local laws. The
petitioner will be contacted regarding this issue with an exchange of information in order to
enable better targeted patrols in the area for both enforcement and education.
Action Officer: Craig Murray, Coordinator Community Safety
RECOMMENDATION
That Council receives and notes the above petition and refers it back to the appropriate
Council officer for action or to report back to Council on the matter.
COUNCIL DECISION
Moved: Cr Hearn
Seconded: Cr Colomb
That the recommendation be adopted.
Carried
Mornington Peninsula Shire Council 6Council Meeting Minutes 28 August 2018
2.5 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 6 and 7 August
2018.
No. Item Briefing Session
1 AGL Crib Point Proposal 6 August 2018
Guests from Save Westernport and Westernport and Peninsula
Protection Council provided presentations and gave
Councillors the opportunity to ask questions.
2 Kawasaki HESC Project and Hillview Quarries 6 August 2018
This briefing explained the approval process and how Council
is able to participate and influence the decision makers.
3 Dromana Township Plan and Dromana Residential 6 August 2018
Investigation Areas Report – Adoption
Councillors were briefed on the Dromana Township Plan and
Dromana Residential Investigation Areas Report and the
results of the 6-week public exhibition process.
4 Meetings Procedure Protocol 7 August 2018
Councillors considered a presentation of key issues including
Definitions, Management Reports, Form of Motions,
Revocation and Amendment and Public Participation in
Meetings.
5 Presentation from Inghams 7 August 2018
Representatives from Inghams provided Council with an
update on their activities and business operations
6 Management of Aquatic and Recreation Facilities 7 August 2018
The purpose of the briefing is to provide Council with an update
on following the transition of management and were given an
opportunity to provide input into the future service planning.
7 The Pillars Long Term Management Plan 7 August 2018
Councillors were provided with an overview of the submissions
received during the public exhibition period and given an
overview of the recommendations outlined in the plan.
8 Licence – Bittern Sunday Market 7 August 2018
Councillors were briefed on a new licence for the operation of
the Bittern Sunday Market be advertised through an Expression
of Interest process and that submissions received be evaluated
against an approved criteria.
Mornington Peninsula Shire Council 7Council Meeting Minutes 28 August 2018
2.5 (Cont.)
9 2017/2018 Capital Works Program – End of Year Position 7 August 2018
Councillors were briefed on the end of year position for the
2017/2018 Capital Works Program and given an overview of
the project planning and delivery framework model which has
been implemented to improve the planning and delivery of the
Capital Works Program.
RECOMMENDATION
That Council receives and notes the Briefing Session information provided above.
COUNCIL DECISION
Moved: Cr Celi
Seconded: Cr Martin
That the recommendation be adopted.
Carried
Mornington Peninsula Shire Council 8Council Meeting Minutes 28 August 2018
2.6 Assembly of Councillors
Assembly of Councillors – 6, 7, 9, 13 and 14 August 2018
RECOMMENDATION
That Council receives and notes the record of Assembly of Councillors for 6, 7, 9, 13 and 14
August 2018.
COUNCIL DECISION
Moved: Cr Brooks
Seconded: Cr Morris
That the recommendation be adopted.
Carried
2.7 Presentation
A Mayoral letter of commendation was presented to Mr Matthew Dodd, Principal – Balcombe
Grammar.
Mornington Peninsula Shire Council 9Council Meeting Minutes 28 August 2018 2.8 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 Playground at Sunset Crescent, Mount Eliza Mr Ian Morrison, a resident of Mount Eliza, asked the following question: Have the Briars Ward Councillors sufficiently understood the almost majority opposition from Sunset Crescent residents to this unacceptable proposal? The question was answered at the meeting by Mr Niall McDonagh, Chief Operating Officer, who stated that Council is aware of the proposal, however it has not been approved. We are aware there are some in the community who are opposed to it and we will work through discussions with both parties. Green Wedge Mr Morrison asked a follow-up question: What are the Briars Ward Councillors doing to protect the Green Wedge blocks at risk in the Kunyung Road Area? The question was answered at the meeting by Mr Niall McDonagh, Chief Operating Officer, who stated that the whole of Council is committed to the protection of the Green Wedge and the development of the Green Wedge Management Plan that has recently been on exhibition for comment and will soon be coming back to council for adoption. The number one commitment of this Council is the protection of the green wedge and the 70/30 split of the Shire. The Shire’s Housing and Settlement Strategy identifies where development is appropriate and where it isn’t, and that will hold the Council in good stead going forward. Lighting at Hastings Library Mr Alan Brygel, a resident of Hastings, asked the following question: I was promised at least one light above the bicycle path for more illumination at night. It was not done when it could have been done cheaply. Mornington Peninsula Shire Council 10
Council Meeting Minutes 28 August 2018 The question was answered at the meeting by Ms Jenny Van Riel, Director – Communities who stated that this suggestion has prompted a review of the lighting at all of our libraries to ensure that when we are open in the evening people can safely access the libraries, and that they provide a welcome and inviting environment. New lighting will be provided in the coming weeks and months at all of our libraries. Victoria Street, Hastings Mr Brygel asked a follow up question: When is this collapsed section of road on Victoria Street, Hastings, between Coolart Road and Church Street going to be fixed because it will soon get more traffic with the building of the new aged care and rural unit at the Bays Aged Care facility. The question was answered at the meeting by Mr Niall McDonagh, Chief Operating Officer, who stated that through our Safer Roads contract this type of work would be covered. In terms of the specific date, Mr McDonagh advised he will take that on notice. If it is road maintenance, the call will be logged and you will be advised of the date of when that will be repaired. Animal Shelter Ms Keri Banks, a resident of Mornington, asked the following question: Why is the pound open by appointment only, or just on a Saturday? Surely this can’t be financial, because so much revenue is raised by fining individuals for having an unregistered animal or a pet that has escaped on to the street! The question was answered at the meeting by Mr John Rankine, Manager – Environment Protection who stated that we have heard this criticism previously and are addressing this issue. From Saturday 8 September the pound will be open without an appointment on weekends from 10.00am-4.00pm and through the week 9.00am-4.00pm. Ms Keri Banks asked a follow up question: Why do you not accept offers from volunteers to help at the animal shelter? The question was answered at the meeting by Mr John Rankine, Manager – Environment Protection who stated that we have taken the view that all work done at the animal shelter should be done by paid professionals. We would invite anyone who wishes to volunteer to join a pet rescue group who do terrific work rehoming our animals. Ms Victoria Civil, a resident of Mornington, asked the following question: On 7 August John Ford found a stray. The ranger collected the dog saying the owners would be fined twice, once for an unregistered dog ($2,400), $238 for a dog at large. Why such high fines? Residents will no longer want to call the Shire about a stray. The question was answered at the meeting by Mr John Rankine, Manager – Environment Protection who stated that the Shire enforces the Domestic Animals Act, which is State Government legislation, and that legislation sets the fines. Ms Civil asked a follow up question: The Shire now has an adopted page on your website but it has not been advertised. Is there a reason you are not promoting this to help increase the awareness of these pets to help find them homes? The question was answered at the meeting by Mr John Rankine, Manager – Environment Protection who stated that the pet link in on the front page on our website, if you click on that Mornington Peninsula Shire Council 11
Council Meeting Minutes 28 August 2018 it takes you through to lost pets and adopted pets. We also promote it in other materials relating to animal management, including the advertising in the local press. Ms Cheryl Monk, a resident of Frankston, asked the following question: Where have Phoebe, Jasper and Boomer gone? They were available for adoption and are now no longer available. Boomer was only listed for four days and then vanished. Why aren’t you doing more to try and rehome pets? The question was answered at the meeting by Mr John Rankine, Manager – Environment Protection who stated that many of our pets are rehomed through rescue groups and it is likely that those three cats were rescued and rehomed accordingly. When that happens, we don’t put adopted on the pet rescue site, we simply pull down the reference. Ms Monk asked a follow up question: Why do the public have to email the pound to enquire or visit to adopt a pet rather than just walk in? The question was answered at the meeting by Mr John Rankine, Manager – Environment Protection who stated that the animal shelter will be opened 7 days a week starting 8 September. Ms Rosy Fischer, a resident of Mornington, asked the following question: Why has the direct phone number to the pound been removed from Pet Rescue and the Shire’s Lost Pets site? Calls now go to the Customer Service Centre, who then email the pound. On weekends you can only leave a message if urgent. How can residents reunite with pets or adopt if they can’t contact the shelter directly? The question was answered at the meeting by Mr John Rankine, Manager – Environment Protection who stated that the councils phone number operates on the weekend as well and we will receive calls directly through to the shelter. Our pets are also available on the website, so if you have lost a pet or wish to adopt you are able to view them there. The pound will be open 7 days a week without an appointment from 8 September. Ms Fischer asked a follow up question: Why haven’t you responded to my email for subsidised desexing on the peninsula via the Lost Dog’s Home mobile van? Wyndham, Darebin, Hume, Hobsons Bay, Yarra, Brimbank, Casey, Moreland, Ballarat, Bass Coast, Dandenong have used this service. This $2 million you receive from animal registrations could fund this. The question was answered at the meeting by Mr John Rankine, Manager – Environment Protection who stated that I am pleased to advise that year two of our animal management program will see us join that program, so we will join that list of councils. That is likely to commence in the second half of this financial year. Apologies if you haven’t received a response to your email, I will follow that up tomorrow. Ms Heather Cooke, a resident of Mornington, asked the following question: Why did you kill Brennan? Sara found the cat and took him to the pound. She asked to adopt him if not reclaimed and kept calling about him. The pound killed him because he was FIV+, she was not consulted. RSPCA adopts out FIV+ cats. The question was answered at the meeting by Mr John Rankine, Manager – Environment Protection who stated that all pets admitted to our animal pound are fully checked by an independent vet who makes the decision about the health of the animal and whether the animal should be euthanised. Mornington Peninsula Shire Council 12
Council Meeting Minutes 28 August 2018 Ms Cooke asked a follow up question: Why are you not advertising animals for adoption in the local press and other media? Multiple media listings will lead to more adoptions and there are also many older residents on the peninsula who do not use social media. The question was answered at the meeting by Mr John Rankine, Manager – Environment Protection who stated that advertising in the local press isn’t particularly effective, nor is it cost effective. Advertising online is much more effective for individual animals. We promote our website and animals available for adoption at our animal shelter. Mornington Peninsula Shire Council 13
Council Meeting Minutes 28 August 2018
3 MANAGEMENT REPORTS
3.1 Community Presentation - 2018 Mornington Peninsula Delys Sargeant Age
Friendly Awards
Prepared By Helen Ridgeway, Positive Ageing Officer; Jo Bradshaw,
Manager Aged and Disability Services
Authorised By Chief Financial Officer
Document ID A8283519
Attachment(s) 1. Delys Sargeant Age Friendly Awards (confidential)
PURPOSE
The purpose of this report is:
To provide Council with the background and process of the 2018 Mornington Peninsula
Delys Sargeant Age-Friendly Awards;
To summarise the recommendation of the Selection Panel appointed to consider
nominations received for the 2018 Mornington Peninsula Delys Sargeant Age-Friendly
Awards;
For Council to endorse the winners and finalists of the 2018 Mornington Peninsula
Delys Sargeant Age-Friendly Awards, to be presented at the Council meeting on 28
August 2018; and
For Council to endorse that all nominees receive a nomination certificate
acknowledging their valuable contribution and service to help create an age friendly
Mornington Peninsula.
BACKGROUND
As an action of the Shire’s Positive Ageing Strategy 2013 – 2018, The Mornington Peninsula,
A Community for All Ages, the Mornington Peninsula Delys Sargeant Age-Friendly Awards
align with the Council Plan theme of Our Wellbeing; Outcome 2 – A Healthy Happy Inclusive
Community; Strategic Objective – Older people feel valued and respected.
Delys Sargeant (OAM) was the founding chair of Council’s official community advisory
committee on ageing, Peninsula Advisory Committee of Elders (PACE), and was integral in
shaping Council’s current approach to supporting residents to age well. Delys remained a
Life Member of PACE until her passing in late 2017. PACE have played and continue to play
a significant role in shaping the establishment of the awards.
The awards aim to recognise a local person, club, service or business that contributes to
building a stronger local community for older people who live, work or visit the Mornington
Peninsula.
DISCUSSION
The development and wide promotion of the awards has been overseen by the Shire’s
Positive Ageing Steering Committee, which is delegated the authority to make decisions on
behalf of Council in line with the Shire’s Positive Ageing Strategy. This committee includes
two PACE members.
Mornington Peninsula Shire Council 14Council Meeting Minutes 28 August 2018
3.1 (Cont.)
The Selection Panel for the awards utilised a three-point, weighted criterion and Conflict of
Interest guidelines as advised and documented by Governance. The selection Panel is
appointed by the Positive Ageing Steering Committee and is chaired by Cr Celi, the current
Councillor Representative and Chairperson of the Positive Ageing Steering Committee. As
Chairperson, Cr Celi does not cast any votes.
2018 Award Categories
1. Mayor’s Senior Achiever Awards
For significant contributions to local communities and the Mornington Peninsula:
Elder of The Year; and
Senior Achiever.
2. PACE Age Friendly Communities Awards
For significant contributions to local communities and the Mornington Peninsula
Community services/programs/clubs/groups/businesses/organisations.
3. Promotion of Intergenerational Opportunities Awards
For significant contribution to fostering local opportunities to promote intergenerational
experiences or activities.
This year the Selection Panel made recommendations in all categories; a total of seven
winners.
OFFICER DIRECT OR INDIRECT INTEREST
No person involved in the preparation of this report has a direct or indirect interest requiring
disclosure.
CONCLUSION
That Council accepts the recommendations to endorse and conduct the presentation of the
2018 Mornington Peninsula Delys Sargeant Age-Friendly Awards at the Council meeting on
28 August 2018.
RECOMMENDATION
1. That the endorsement and presentation of the 2018 Mornington Peninsula Delys
Sargeant Age-Friendly awards occurs at the Council meeting on 28 August 2018.
2. That all nominees receive a nomination certificate, acknowledging their valuable
contribution and service to help create an Age-Friendly Mornington Peninsula at the
Council meeting on 28 August 2018.
3. That Council resolves that Attachment 1 to this report be retained as a confidential item
pursuant to section 77(2)(a) and (b) of the Local Government Act 1989.
Mornington Peninsula Shire Council 15Council Meeting Minutes 28 August 2018
3.1 (Cont.)
COUNCIL DECISION
Moved: Cr Celi
Seconded: Cr Colomb
That the recommendation be adopted.
Carried
Suspension Of Standing Orders
Moved: Cr Martin
Seconded: Cr Morris
That Standing Orders be suspended.
Carried
Resumption Of Standing Orders
Moved: Cr Morris
Seconded: Cr Martin
That Standing Orders be resumed.
Carried
Mornington Peninsula Shire Council 16Council Meeting Minutes 28 August 2018
3.2 Monthly Finance Report - July 2018
Prepared By Matthew Green, Chief Financial Officer
Authorised By Chief Executive Officer
Document ID A8268094
Attachment(s) 1. Monthly Finance Report - July 2018
PURPOSE
The Monthly Finance Report is a key component of our accountability to the community. It is
an overview of the Council activities during the month, summarising items of achievement,
progress, interest or concern.
The Monthly Finance Report presents financial statements and commentary relating to the
financial performance and position of Council. To that end, presentation of the Monthly
Finance Report ensures compliance with section 138 of the Local Government Act 1989 (the
Act) in relation to financial reporting.
BACKGROUND
The Monthly Finance Report is compiled from the reports of performance from the Chief
Financial Officer (CFO), Chief Operating Officer (COO), and the Chief Executive Officer
(CEO). The intent of the Monthly Report is to highlight what has been achieved in the month,
what is underway, what is of interest and what is of concern.
Financial Commentary is provided in the Monthly Finance Report at an organisational level
and in a Standard Financial Statements format. There is also commentary included
regarding the status of Priority Projects and Capital Works.
In accordance with section 138 of the Act, the Monthly Finance Report is presented to a
meeting of Council which is open to the public. On adoption, it is also made available on the
Shire website.
PROCESS
The Monthly Finance Report is written by the CFO, COO, and the CEO. The CEO reviews
the document in full before being presented to Council
DISCUSSION
The Monthly Finance Report is presented for review and discussion as required.
Councillors and members of the public are encouraged to communicate with the CEO, CFO
or COO should they have an enquiry or issue of concern within the report.
CONSULTATION
Internal consultation only.
FINANCIAL ISSUES
Financial statements are provided in the reports. Budget reviews are completed and
reported monthly.
Mornington Peninsula Shire Council 17Council Meeting Minutes 28 August 2018
3.2 (Cont.)
OFFICER DIRECT OR INDIRECT INTEREST
No person involved in the preparation of this report has a direct or indirect interest requiring
disclosure.
CONCLUSION
The Monthly Finance Report for July 2018 is presented to Council for information.
The report has been circulated to Councillors and now requires formal adoption.
A copy of this report will be available to the community at the meeting and hereafter via
Council’s website (www.mornpen.vic.gov.au) and at Council offices and libraries.
RECOMMENDATION
1. That the ‘Monthly Finance Report – July 2018’ be received and noted.
2. That the ‘Carry Forward Budgets’ are approved as attached.
COUNCIL DECISION
Moved: Cr Hearn
Seconded: Cr Martin
That the recommendation be adopted.
Carried
Mornington Peninsula Shire Council 18Council Meeting Minutes 28 August 2018
3.3 Draft Tender Call-in protocol
Prepared By Gail Mifsud, Strategic Procurement Manager
Authorised By Chief Financial Officer
Document ID A8266558
Attachment(s) 1. Draft - Procurement Call In Delegated Authority Protocol
PURPOSE
The purpose of this report is to present the draft call-in protocol for contracts and tenders
where the current decision making authority is under delegation.
The draft protocol in Attachment 1 – Procurement Call In Delegated Authority Policy outlines
the options to call in a tender so that the recommendation report may be considered by
Council as the decision making authority.
BACKGROUND
At the Council meeting held 26 June 2018, it was requested that Officers draft a call-in
protocol to be presented to Council for their consideration by 31 August 2018.
DISCUSSION
Proposed methods for calling in a tender include:
Notice of Motion;
Item of Urgent Business; and
Notification sent to the Contracts and Procurement unit via email.
In the above methods Council may resolve to refer the procurement matter to the most
appropriate future meeting for consideration.
ISSUES
Timing
The request to call in a tender to be considered at a Council meeting should be made before
the advertised closing date and time before any evaluation has taken place, to demonstrate
fairness and impartiality of the tender process in accordance with the Procurement Policy.
The Victorian Local Government Best Practice Guidelines state:
Councils must adequately test the market in a consistent manner without any bias, or
perception of bias, so that potential suppliers and the public have confidence in the
outcome.
To demonstrate that bias and perception of bias has not taken place, tenders should be
called in before submissions are opened and details of tenderers or pricing is known.
Mornington Peninsula Shire Council 19Council Meeting Minutes 28 August 2018
3.3 (Cont.)
OFFICER DIRECT OR INDIRECT INTEREST
No person involved in the preparation of this report has a direct or indirect interest requiring
disclosure.
RECOMMENDATION
That Council adopt the Procurement Call In Delegated Authority Protocol.
COUNCIL DECISION
Moved: Cr Fraser
Seconded: Cr Colomb
That the recommendation be adopted.
Carried
Mornington Peninsula Shire Council 20Council Meeting Minutes 28 August 2018
3.4 Request to Attend - 2019 Asia Pacific Cities Summit and Mayors' Forum
Prepared By Christine Aslanidis, Strategic Governance Officer
Authorised By Manager – Governance
Document ID A8288843
Attachment(s) Nil
PURPOSE
An invitation has been received for the Mayor and delegate to attend the 2019 Asia Pacific
Cities Summit and Mayors Forum (the Summit) to be held in Brisbane from 7 to 10 July
2019. This report seeks Council endorsement for the 2019 Mayor of the day and current
Mayor, Cr Bryan Payne to attend the Summit.
In accordance with the Councillor Expenses Reimbursement, Resources and Facilities Policy
2018, Council approval in the form of a resolution is required for all Councillor training,
conferences and seminars attended interstate or overseas.
BACKGROUND
The Summit, founded in 1996, is Brisbane City Council's signature, biennial, international
event for driving economic growth for Brisbane, South East Queensland, Australia and the
wider Asia Pacific region. Attendance at the Summit is an integral part of Council's economic
development agenda to foster international networks and forge new business relationships
throughout the region.
The Summit is focused on bringing business, industry and cities together to enable them to
build relationships and effectively contribute to sustainability into the future. The Summit
attracts city leaders and key influencers looking to engage with companies who can provide
innovative urban solutions.
The 2019 program will feature a line-up of internationally renowned speakers and curated
sessions to generate meaningful and insightful conversations in line with each of the
following program themes:
Innovation of cities – Empowering cities, residents and businesses through innovation
and technology;
Mobility of cities - Moving and connecting people within cities;
Liveability of cities - Vibrant, diverse and inclusive cities; and
Sustainability of cities - Driving resilient and healthy cities.
A key feature of the Summit is the Mayors' Forum. This forum provides a significant
opportunity for the heads of local government to come together and discuss issues and
share insights to develop innovative solutions to promote growth and prosperity across the
Asia Pacific region.
The Mayors' Forum will be facilitated by Professor Greg Clark CBE, Chairman of the
Business of Cities in London and attendance is by invitation only. Brisbane City Council’s
Lord Mayor, Mr Graham Quirk has personally invited Mornington Peninsula Shire Council to
attend.
Mornington Peninsula Shire Council 21Council Meeting Minutes 28 August 2018
3.4 (Cont.)
DISCUSSION
The cost to attend the Summit is estimated at:
2019 Mayor of the day: $3,290.00 (approximately); and
Cr Bryan Payne: $3,490.00 (approximately), increased cost is due to higher registration
fee for delegate to attend the Summit.
to be allocated from the respective Councillors’ Training, Conferences and Seminars
account.
The breakdown of these costs is:
Summit Registration fee for 2019 Mayor: $1,250.00 (based on early-bird discount until
31 May 2019);
Summit Registration fee for Councillor delegate: $1,450.00 (based on early-bird
discount until 31 May 2019);
Return economy class airfares from Melbourne Airport to Brisbane Airport: $400.00
(approximately);
Melbourne Airport parking fees: $120.00 (approximately);
Return Brisbane Airport transfers to city centre: $120.00 (approximately);
Accommodation inclusive of breakfast – based on a standard king room for four nights:
$ 1,000.00 (approximately); and
Other incidentals including meals at $100 per day x 4 days: $400.00 (approximately).
In accordance with Councillor Expenses Reimbursement and Resources and Facilities Policy
2018, each Councillor is allocated $16,000 per four-year term for Training, Conferences and
Seminars, with an additional $3,500 allocated during their Mayoral term.
Cr Bryan Payne has expended $296.00 from his Training, Conferences and Seminars
account during the current Councillor term. Therefore, the total estimated cost for Cr Payne
to attend the 2019 Asia Pacific Cities Summit and Mayors Forum as estimated in this report,
does not exceed the budgeted amount.
Based on all Councillors expenditure to date and additional Training, Conferences and
Seminars budget of $3,500 allocated to the Mayor during their term, the estimated cost to
attend the Summit it is not expected to exceed the budgeted amount.
OFFICER DIRECT OR INDIRECT INTEREST
No person involved in the preparation of this report has a direct or indirect interest requiring
disclosure.
PROCEDURAL MOTION
Election Of Temporary Chair
Moved: Cr Gill
Seconded: Cr Hearn
Mornington Peninsula Shire Council 22Council Meeting Minutes 28 August 2018
3.4 (Cont.)
That Cr Colomb be elected temporary chair of the meeting as Cr Payne declared a
conflict of interest in relation to this item.
Carried
Attendance
Cr Payne left the meeting prior to consideration of this item and returned after voting.
RECOMMENDATION
1. That Council approves the attendance and associated expenditure of funds for the
2019 Mayor of the day, and Cr Bryan Payne to attend the 2019 Asia Pacific Cities
Summit and Mayors’ Forum in Brisbane from 7 to 10 July 2019.
2. That subject to Council’s decision above, the amount expended is to be allocated from
the Training, Conferences and Seminars account of attending Councillors.
3. In accordance with 5.22.2 of the Councillor Expenses Reimbursement, Resources and
Facilities Policy 2018, Councillors attending any approved interstate activity will provide
Council with a report of their attendance via the Councillor Communicator within 30
days of returning from travel.
COUNCIL DECISION
Moved: Cr Celi
Seconded: Cr Martin
That the recommendation be adopted.
Carried
Adjournment Of Meeting
Moved: Cr Morris
Seconded: Cr Martin
That the meeting be adjourned.
Carried
Resumption Of Meeting
Moved: Cr Fraser
Seconded: Cr Martin
That the meeting be resumed.
Carried
Mornington Peninsula Shire Council 23Council Meeting Minutes 28 August 2018
3.5 Section 181: Sale of Properties for Unpaid Rates
Prepared By Jane Hamilton, Revenue Support Officer; Ros Humphrey,
Revenue Business Support Co-ordinator
Authorised By Chief Financial Officer
Document ID A8266385
Attachment(s) 1. Sale of Properties for Unpaid Rates Policy August 2018
PURPOSE
This report is to provide a draft Policy which will outline steps and procedures which officers
will follow and implement under section 181 of the Local Government Act 1989 (the Act), for
rate arrears three years or greater with no current arrangement in place.
BACKGROUND
Under section 181 of the Act, (rate arrears three years or greater with no current
arrangement in place), Council can sell a rated property or issue a Bankruptcy Notice.
The Sale of Properties for Unpaid Rates Policy will outline the steps Council officers must
take before the Act can be implemented. This Policy will provide officers with the authority
under the Act to write to owners informing them that Council can under section 181, sell their
property and/or issue a letter for bankruptcy.
Council is entitled to sell a property under the Act, however, it does not have the power to
remove its tenants without a Court Order (current review of the Act).
Once a section 181 resolution is reached, officers will inform the mortgagee. When a Notice
of Intention to Sell is issued, some mortgagees are willing to pay the account in full.
The current rate arrears as at 8 August 2018 is $1,408,040 on 153 properties.
DISCUSSION
Council rate notices are sent out annually in August. Ratepayers have the option of paying
in four instalments or in full (annually by 5 February). If paying in full, any rates not paid by
the due date:
An Overdue Reminder Notice is sent on 22 February, giving ratepayers an additional
two weeks to pay;
The first week in March (annually) interest is applied to any outstanding balance;
A Final Notice is issued 9 March; and
Letter of Demand (LOD) is issued by the Shire’s Collection Agency when no payment
has been received.
At any point throughout this process, the ratepayer can contact Council and enter into a
suitable payment arrangement.
When there has been no contact and no payments made, the debt is divided into two
categories: under $1,000 and over $1,000:
Debt under $1,000 – No further action;
Mornington Peninsula Shire Council 24Council Meeting Minutes 28 August 2018
3.5 (Cont.)
Debt over $1,000 – Officers review each account, looking for contact numbers or other
addresses, undertake Company searches etc. All effort is made to make contact prior
to commencing legal action.
There are currently 153 properties with rate arrears three years or greater:
52 properties are non-resident owners or companies with no current arrangement in
place which could be processed now under the Act;
70 properties are owner/occupier with no payment arrangement in place; and
31 properties are a mixture of the above categories with a current arrangement but
have defaulted on the payment arrangement.
Council follows the below legal process to recover rate and debt arrears. ML&C is the
Shire’s collection agency who undertakes these actions on behalf of Council:
Letter of demand;
Complaint;
Order (Judgement);
Warrant to seize goods;
Rental demand;
Statement of earnings;
Attachment of earnings;
Bankruptcy; and
Section 181 – process to sell property.
The properties included in the attachment to this report have incurred the above actions and
Council can either wait until these properties are sold or agree to commence section 181
proceedings.
Council has previously not pursued owner/occupiers, and as a result some of these
properties have more than 10 years of rate arrears.
OFFICER DIRECT OR INDIRECT INTEREST
No person involved in the preparation of this report has a direct or indirect interest requiring
disclosure.
CONCLUSION
That Council review the Sale of Properties for Unpaid Rates Policy and endorse the policy to
enable officers to issue a Notice of Intention to Sell under section 181, including a copy of the
relevant section of the Act, notifying them of the proceedings or issue a notice of intention to
bankrupt.
Mornington Peninsula Shire Council 25Council Meeting Minutes 28 August 2018
3.5 (Cont.)
RECOMMENDATION
That Council:
1. Adopts the attached Sale of Properties for Unpaid Rates Policy as provided in
Attachment 1.
2. Proceeds with issuing a Notice of Intention to Sell under section 181 of the Local
Government Act 1989 or issue a Notice of Intention to Bankrupt for the 153 properties
identified with rate arrears three years of greater.
Amendment
3. That the policy item 5.4 be updated to read “the owner/occupier ratepayer is not a
pensioner, aged, infermed or on an unemployment Centrelink, Department of Veterans
Affairs, Disability pension or benefit payment.”
Moved: Cr Celi
Seconded: Cr Brooks
The motion was lost
COUNCIL DECISION
Moved: Cr Morris
Seconded: Cr Fraser
That the recommendation be adopted.
Carried
Adjournment of Meeting
Moved: Cr Martin
Seconded: Cr Fraser
That the meeting be adjourned.
Carried
Resumption of Meeting
Moved: Cr Fraser
Seconded: Cr Martin
That the meeting be resumed.
Carried
Mornington Peninsula Shire Council 26Council Meeting Minutes 28 August 2018
3.6 Chief Executive Officer - Study Tour November 2017
Prepared By Carl Cowie, Chief Executive Officer
Authorised By Chief Executive Officer
Document ID A8315420
Attachment(s) Nil
Addendum – Additional Report
Circulated – 28 August 2018
PURPOSE
The purpose of this report is to outline the learnings from the study tour undertaken by Chief
Executive Officer, Carl Cowie to Stockholm, Sweden, Bonn, Germany to attend COP23
Climate Change Conference and Valetta, Malta to attend the Commonwealth Local
Government Conference (Fit for the Future: resources and capacity for effective Local
Government) and outline the potential benefits of implementing some of the measures
learned for Council in its commitment to a carbon neutral future by 2021.
BACKGROUND
The study tour undertaken on behalf of Council sought to gather intelligence from around the
world to provide useful insights into options to assist Council meet its objective of reaching
carbon neutrality by 2021.
Sweden was selected as a country renowned for innovation and commitment to the
environment. COP23 2017 Climate Change Conference in Bonn Germany, as part of the
International Council for Local Environmental Initiatives (ICLEI) – Local Government for
Sustainability delegation, brought together the leading experts and agencies from across the
globe to discuss and debate a vast array of climate change information and the 2017
Commonwealth Local Government Conference (Fit for the future: resources and capacity for
effective Local Government) in Malta provided the opportunity to meet with Commonwealth
leaders and discuss the state of health of Local Government across the Commonwealth.
In each of the three stages of the study tour, the overarching premise with whatever
information was gathered or processes witnessed, people interviewed “how can this be
applied positively in the Mornington Peninsula Shire for the betterment of our community and
at a Victorian regional level”.
The Mornington Peninsula Shire Council has made a strong commitment to carbon neutrality
and has played a leading role in the development of the South-East Melbourne (SEM)
regional grouping of Councils new structure to enhance regional advocacy and cooperation
to solve the big issues of Local Government, such as the effective treatment of household
waste to divert waste away from landfill, and increase the likelihood of the development of
Alternative Waste Treatment (AWT) facilities.
While a large focus of our SEM Council group is on optimum waste solutions, the work
supported by this study tour followed on the back of this Shire’s recent trip to China with one
of our member Councils, the City of Greater Dandenong, to study the current and emerging
AWT technologies, which has both a local Council connection but also helps inform the
Victorian waste management context.
Mornington Peninsula Shire Council 27Council Meeting Minutes 28 August 2018 3.6 (Cont.) Indeed, Mornington Peninsula Shire’s recent consolidation of its procurement for LED street lighting with another of our sister Councils, this time the City of Kingston, saving our Council some $600,000, is testimony to the effectiveness that Local Government authorities working together can have for the community, both at the local and regional level. STOCKHOLM, SWEDEN Sweden is seen by many people as a leader in climate change initiatives and innovative thinking. In June of last year, the Swedish parliament passed a law which requires the country to have ‘no net emissions’ of greenhouse gases into the atmosphere by 2045. This law is recognised to place Sweden as amongst the world’s most ambitious in terms of managing carbon emissions. Overall, the trip to Sweden was most informative. Stockholm itself did appear to have many carbon emission-reducing activities in place. In discussions with several of the people I visited, they were all surprised at Australia’s low level of solar energy uptake. The following is a brief summary of each of the meetings I had in Sweden. Keolis depå Gubbängen Keolis is a French owned bus company operating in Stockholm and other parts of Scandinavia. In Stockholm, Keolis operates 106 buses and employs several hundred people. The business was impressive, very efficiently run, internally operating to lean six sigma principles. All buses were fuelled by recycled bio gas from another business in Stockholm, Scandinavian BioGas. Keolis have put much thought into how to reduce their carbon emissions, they work effectively with local Councils and the State. Keolis did a 10-year deal with the State, who funded their in-house water recycling facility to clean the buses. Every roof top space across the facility had solar panels to help offset energy costs. A great deal of effort was also placed on punctuality of their bus network and service levels to customers, drivers had to rate at least a 7 out of 10 to be retained. Overall, this was an excellent visit. The depot was an excellent model to compare our Shire operations against, whether it is our three main office buildings or the depot’s operated by our contractors. Scandinavian BioGas Scandinavian BioGas is the largest manufacturing plant for Biogas in the Nordic region. It has commercialised the creation of automotive fuel from the city of Stockholm’s sewerage system. The business itself is discretely sited within one of the hillsides in Stockholm and connects directly into the sewer system. As this concept implies, there is significant interdependence between this for-profit business and various government regulators. In discussions with the management of Scandinavian BioGas, it appeared to me that the Swedes do appear to work more effectively across the corporate and government sectors for the community benefit. My overall impression was that this was another very efficiently run business. It supplied the Keolis bus company with its bio-gas. Its business tagline is ‘your waste is our energy’. It is currently a private company but with good listing prospects in the near term. Mornington Peninsula Shire Council 28
Council Meeting Minutes 28 August 2018 3.6 (Cont.) By the nature of the business, it is a very technical industrial process business, in both the engineering and scientific fields and due to the nature of the raw material used in energy creation, it works closely with the State water authority and relevant government agencies. The plant can produce up to 3,000 cubic feet of gas per hour. The company also has another plant which produces biogas from waste food and plant material. A similar process is used to produce the biogas but the collection process is more difficult as waste food material has to be collected and brought to a different plant for processing. The Swedish people do seem to be fully supportive of this type of diversion away from waste to practical, economically viable waste utilisation and seem very prepared to be part of the solution. While none of this is new technology, its application in Australia is very limited and that is something that needs to be changed at the local, regional and State levels by working together to solve waste problems. The effective separation of different waste streams being fundamental to the success of any initiative. this also creates challenges for waste collection. Scandinavian Biogas have three plants in Stockholm which deal with one million people’s daily waste and one in Norway. A progressive company, they are trying to develop business around the world in this field. ENVAC I met with the Chief Executive Officer and President of ENVAC to learn more about their technology and its potential application in Australia. While it quickly became apparent that the ENVAC technology did not have application on the Mornington Peninsula, it was interesting to learn that this Swedish business had won a contract to deliver the technology into Maroochydore, Queensland. Envac AB is one of the leading environmental technology companies in Sweden and the global leader in the vacuum waste collection industry. Envac invented the vacuum waste system in 1961 and today the systems are in operation all over the world in residential areas, business premises, town centres, industrial kitchens, hospitals and airports. The system is a part of the city infrastructure, just like electricity, sewage, water supply etc. While the technology can in some cases be retrofitted, this is not the preferred option as the system works on the basis of a series of underground pipes which lead from source (usually inner city) to a waste treatment facility many kilometres away. Envac has 35 offices in 22 countries and the group is organised in four business regions – Asia Pacific, Middle East and India, Northern and Southern Europe and the Americas. ENVAC design and install turnkey automated waste collection systems for residential and commercial developments, hospitals, airports, industrial kitchens and town centres including parks and pedestrian areas. By using a vacuum waste system, this district has become one of the finest examples of sustainable urban developments in the world and heavy traffic has been reduced by 60%. This is used in a residential area in Hammarby Sjöstad in Stockholm. My overall impression was of a very well-run business with particular emphasis on new, relatively dense urban developments in Australia. As with all businesses in waste that I visited, there was a strong requirement for public and private sector cooperation to make good business decisions work for the community. Mornington Peninsula Shire Council 29
Council Meeting Minutes 28 August 2018
3.6 (Cont.)
Södersjukhuset ‘South-hospital’
At this meeting I met with the hospital’s Head of Environmental Care to discuss the
measures the hospital had undertakent to become as energy and waste efficient as possible.
The Stockholm South General Hospital provides emergency and medical care to half a
million Stockholmers. Each year, close to 90,000 visit the hospital for emergency treatment,
some 47,000 patients are hospitalised and about 7,000 children are delivered.
Södersjukhuset has the largest Emergency Care Unit in the Nordic region.
The high number of admissions ensures consistent refinement of staff skills as well as
providing excellent opportunities for clinical research and teaching.
The hospital is the biggest employer in southern Stockholm, with around 4,100 staff.
The hospital is doing a lot of work to become more climate efficient through reducing
emissions of climate affecting medical gases, more efficient energy use, and reduced climate
impact from food.
In order to reduce and streamline energy use, cooperation with Locum Locum is being
conducted. The goal is to control the hospital’s own energy consumption, streamline
operations and reduce energy consumption. A comprehensive operational optimisation effort
has contributed to the reduction of electricity and heat use. In order to reduce energy use,
they work with educating staff, raising awareness and changing behaviour.
They also work a lot with changing their climate impact through reduction of food waste by
moving to a ‘made to order’ menu system. The hospital research showed very significant
food wastage from the standard meal delivery times, when patients either did not want to eat
or were at other appointments within the hospital, leading to food waste and
customer/inpatient dissatisfaction.
The hospital was working through the financials of installing their own organic food waste
plant at the hospital to be collected weekly by Scandinavian BioGas.
My overall impression of the hospital was that all the staff really had embraced the
commitment to finding ways to optimise efficiency and minimise harmful impacts on the
environment. A casual stroll around some of the corridors and ward areas, I was struck by
the amount of posters promoting target reductions and how areas were tracking towards
meeting their targets.
Ragn-Sells (Sweden’s premier recycling organisation)
At this meeting I met with the company’s Head of Strategy and Research and one of the
owners. Ragn-Sells picks up hard rubbish from private houses and businesses in Sweden.
The company operates in six other European countries as well as Scandinavia.
As well as hard rubbish collections, every year Ragn-Sells collects about 40,000 tonnes of
spent oil from different activities. It treats and revives the waste oil and produces new
products from the waste for resale. To Ragn-Sells, waste is a valuable commodity which can
contribute to circular flows of waste and is recycled over and over again.
Ragn-Sells presented as a very visionary company priding itself in cutting edge innovation
and new ways of thinking.
Ragn-Sells has won several innovation awards for innovative recycling concepts;
They are currently looking at innovative solutions, particularly in information
processing, risk and security management and digital business development;
Mornington Peninsula Shire Council 30Council Meeting Minutes 28 August 2018
3.6 (Cont.)
The organisation has a ‘resource focus’ rather than a ‘waste focus’ and they buy
peoples’ and organisations’ waste products to produce energy from it; and
They also work hard to reduce the amount of waste that people produce.
My overall impression of these business leaders was that they were the most innovative
thinkers I had met on the trip. They closely examined extensive amounts of data, looking at
the front end of the value chain to solve carbon neutrality issues. They used the mining of
phosphorous as a good example of what they’re about. Phosphorous is used inter alia as a
fertiliser for agriculture. The grade of phosphorous currently mined is 1% of what it was 100
years ago when the grade was 25%. In 2017, it requires approximately 60 tons of mining
waste (rubble) to extract one ton of phosphorous at 1% of its previous grade!
This is enormously expensive and wasteful of resources and releases huge amounts of
carbon into the atmosphere and at what cost to the environment?
They are developing a pilot scale model to examine the possible extraction of phosphorous
from sewerage where the quality and quantity of extractable phosphorous is high. Their
approach is to find the best value from the least harm to the environment.
SALAR (Swedish Association of Local Authorities and Regions)
At this meeting I met with the Project Manager of Sweden’s Smarter Welfare Project. The
(SALAR) is both an employers’ organisation and an organisation that represents and
advocates for Local Government in Sweden. All of Sweden’s municipalities, county councils
and regions are members of SALAR. It attempts to advocate on general community interests
and offers support and services.
They have a new digitisation department, pushing for an initiative called ‘Smarter Welfare’
set up to help municipalities and county councils to advise on and become better at using
digital innovative practices. In some respects, it seeks to do on a national scale what Council
is seeking to do for the Shire in the important business transformation project. This was the
first meeting where I felt I could really relate to the challenges that SALAR was facing.
The nature of Sweden’s geography is such that there are large pockets of very sparsely
populated land on the northern regions, and communication is challenging and expensive to
‘hook in’ the community. In other more suburban municipalities, SALAR’s success was
dependant on the level of support from a Council area.
One of the real positives for the Swedes however is the high internet usage across all age
groups, around 95% of Sweden’s 9.5 million citizens use the internet every day. This made
SALAR’s challenge of connecting with the community much easier through their
e-community strategy.
Locally, our organisation needs to look more closely at increased digitalisation as we
progress through the business transformation project, moving more citizens on to digital
platforms as the default, while never forgetting our culturally and linguistically diverse (CALD)
and more disadvantaged community members for who this mode of conducting business is
somewhat overwhelming.
Meeting with Head of Structure Finance Loan origination, Michael Ljunggren
SEB (Swedish Nordic Corporate Bank)
At this meeting I met with the Head of Structured Loan Origination (green bonds) for
business. SEB is a leading Nordic financial services group, guided by a strong belief that
entrepreneurial minds and innovative companies are key in creating a better world.
Mornington Peninsula Shire Council 31You can also read
