city of melbourne...city of melbourne melbourne city council minutes meeting number 8 tuesday 28 may...

CITY OF MELBOURNE

Melbourne City Council

MINUTES

Meeting Number 8 Tuesday 28 May 2013

5:30pm

Council Chamber Level 2

Melbourne Town Hall

PRESENT Lord Mayor, Robert Doyle Deputy Lord Mayor, Susan Riley Councillor Richard Foster Councillor Rohan Leppert Councillor Kevin Louey Councillor Stephen Mayne Councillor Cathy Oke Councillor Ken Ong Councillor Beverley Pinder-Mortimer Councillor Jackie Watts Councillor Arron Wood

Confirmed at the meeting of Council on 25 June 2013

1. COMMENCEMENT OF MEETING AND APOLOGIES

The meeting commenced at 5:30pm

The Chair, Lord Mayor, Robert Doyle read the following acknowledgment statement:

I welcome Councillors, Management and members of the public in attendance to the City of Melbourne. We respectfully acknowledge that we are meeting on the traditional land of the Kuhn Nation. This place is now known by the name of Melbourne. Melbourne is one of the great multicultural cities of the world and a significant meeting place. For the Ku/in Nation, Melbourne has always been an important meeting place and a location for events of social, educational, sporting and cultural significance.

The Chair, Lord Mayor, Robert Doyle advised the agenda comprised of: • one report from committee; • eleven Reports from Management, five of which were confidential; and • one item of General Business.

2. DISCLOSURES OF CONFLICTS OF INTEREST

The Chair, Lord Mayor, Robert Doyle advised that conflicts of interest would be disclosed as they arose.

3. CONFIRMATION OF THE MINUTES OF THE PREVIOUS MEETINGS

Moved: Cr Ong

That the minutes of Council Meeting No. 6, held on Tuesday 30 April 2013 be confirmed.

Seconded: Deputy Lord Mayor, Susan Riley

The motion was put and carried unanimously with the following Councillors present: The Chair, Lord Mayor, Robert Doyle, Deputy Lord Mayor, Susan Riley, Councillors Foster, Leppert, Louey, Mayne, Oke, Ong, Pinder-Mortimer, Watts and Wood.

Moved: Cr Wood

That the minutes of Special Council Meeting No. 7, held on Thursday 9 May 2013 be confirmed.

Seconded: Cr Ong


4. MATTERS ARISING FROM THE MINUTES OF THE PREVIOUS MEETINGS

There were no matters arising from the minutes of the previous open meetings.

ITEMS OF CORRESPONDENCE

The Chair, Lord Mayor, Robert Doyle advised that as at 3pm over 80 submissions had been received in accordance with the Council's Conduct of Meetings Local Law 2010 in relation to Agenda Item 6.5, "Linking Melbourne Authority East/West Tunnel Geotechnical Investigation".

items of correspondence were received from the following people: • Aik; • Edward Brophy; • Deanne Fitzgerald;John Langer; • Maggie Fooke;

Council Meeting - 28 May 2013 2

• Malcolm Shore; • Margaret Jungwirth, resident; • Rupert Steiner; • Alec Kahn, Mercantile Cricket Association; • Felicity Ryan; • Amanda Shipp; • Dr Paul Sinclair, President, You!den Parkville Cricket Association; • David Hill; • Vivienne Ortega; • Clare Ferguson; • Simon Lewis, Simon Lewis Productions; • Anthony Ferguson; • Penelope White; • Glenn. David Cartledge; • Jenna Osavitsky, resident; • Clare; • Simon; • Joanne Crerar; • Ryan Millar; • Kaj Lbfgren; • Trish Clayton; • Harriet Mantell, resident; • Sidharth Khadilkar; • Felix Lofgren; • Harmeet Saini, Indigos Cricket Club; • Stephen Pearson; • Stephen Farrell and Anthula Ralph; • Robert Doming; • Jenn Batagol; • Chris Goodman and Freda Watkins; • Dr Gab Pretto; • Yvonne Hunt; • Prof Nicholas Low; • Ian Bird, Carlton Residents Association; • Peter Allen, Sustainable Resource Use; • Gerry O'Donnell; • Paul Leitinger; • Margot Carroll; • Dr Azit Kumar Das, resident; • Dr Shelley Meagher, The Literary Explorer; • Tim van Gelder, resident; • BerYI.Langer; • Angela Munro, resident • Paul Fitzgerald, resident; • James Fitzgerald, resident; • Lin Braun; • Chris Black; • Chao Guang Chen, resident; • Calista Wu, resident; • Robyn Laurie; • Rachit Bhutani; • Enid Meldrum, resident; • Carol Ginns; • Jo and Ke; • Primrose Lentin, resident; • Matthew O'Neill, Parkville District Cricket Club; • Georgina Connelly;

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• Sid Paled. UMBC Secretary; • Stephen Wood; • Julianne Bell, Protectors of Public Lands Victoria Inc; • Stephen Shy; • Jill Quirk; • Rohan Dwyer; • Neville Jeffrey; • Hans VerzijI; • Qinghua Guo. resident; • Tory Greer, resident; • Boon; • James and Marion Lamb; • Geni Wate; • Paul; • Suzanne James; • Alison Jospeh; • Slavko Banozic, resident; • Paras Chandran; • Adrian Miles; • Chris Mackay; • Valda McRae; • Jenny; • Bruno; • Oscar Ferreiro; • James Milne, resident; • Thu Ha Troung, resident; and • Catherine Bauld, resident.

STATUS OF CONFIDENTIAL ITEMS

There were no confidential items brought forward for consideration in the open session of the meeting.

5. REPORTS FROM COMMITTEE

There was one Report from Committee for consideration in the open session.

FUTURE MELBOURNE COMMITTEE (Finance and Governance Portfolio)

5.1. 2012-13 Council Works Program Third Quarter Report

The purpose of this report was to inform Council of the financial performance of the 2012-13 Council Works Program at the end of the third quarter of the 2012-13 financial year. It also outlines physical and financial performance of the Council's major projects.

Moved: Cr Mayne

That Council approves the adjustments to the 2012-13 Council Works Program that are included in Attachment 4 of the Report from Management.

Seconded: Cr Leppert

Cr Mayne made comment that this item has been debated during the May Future Melbourne Committee meeting and the audio recording could be accessed online from Council's website.


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6. REPORTS FROM MANAGEMENT

There were six Reports from Management for consideration in the open session.

6.1 Records of Assemblies of Councillcirs

The purpose of this report was to present the most recent written records of assemblies of Councillors for Council to note.

Moved: Cr Mayne

1. That Council:

1.1 note the written records of the assemblies of Councillors as detailed in Attachment 2 of the Report from Management;

1.2 note that the record of assembly for the Melbourne Hospitality and Melbourne Retail Advisory joint board meeting, date 9 May 2013, will be. amended to include Councillor Louey.


Cr Mayne noted that there had been three discussions on the Princes Bridge Bike proposal.


6.2 Travel Management Services Contract

The purpose of this report was to seek Council approval to commence using the State Government contract for Travel Services that expires on 28 February 2014 with a one year extension option.

. Moved: Cr Ong

That Council enter into the State Government contract for Travel Management Services with FCm Travel Solutions until 28 February 2014 and with an option to extend the contract term by up to a further one year until 28 February 2015.

Seconded: Cr Mayne

Cr Mayne commented that this is a great example of the Council dealing with contracts publically and not in a confidential session.


6.3 Procurement Policy Review

The purpose of this report was to seek endorsement of the revised Procurement Policy.

In response to questions raised by Council, Director Corporate Business, Mark Stoermer made the following key comments: • the Policy will enable Council to provide preference, where appropriate, to local suppliers; • there has been a section added to the Policy about probity advisors and auditors, which provides

definition and guidance on when they may be used; and • further detail will be provided in the internal guidelines.


Moved: Cr Watts

1. That Council:

1.1. notes its obligation under section 186A of the Local Government Act 1989 to review the current Procurement Policy; and

1.2. endorses the amended Procurement Policy as attached in the report from management but with the following changes:

1.2.1 under Section 2 insert a new item at the end of the list 'Whenever practicable give preference to local goods and services";

1.2.2 under Section 5.9 under the line "A price preference of up to 10 per cent can be applied to the" insert a new item at the end of the sub-list "procurement of goods and services from local suppliers"; and

1.2.3 insert a new sub section after sub section 5.8, "5.9 Consideration will be given to appointing a Probity Advisor or Probity Auditor to oversee the Tender Evaluation Process where the contract is publicly sensitive, of high value, complex, or there is a perceived conflict of interest. Definitions of a Probity Advisor and Probity Auditor are located in CCMS; the key difference being that an Advisor generally provides advice and assistance before and during the procurement process, whereas an Auditor essentially undertakes independent scrutiny of a procurement process that has taken place", and renumber other sub sections accordingly.


Cr Watts made the following key comments: • Council invests quite a lot in the businesses of the City and the State; and • it is important that Council supports investment any way it can.

The Deputy Lord Mayor, Susan Riley, made comment that this is a great piece of work and guideline for the City of Melbourne.

Cr Mayne made the following key comments: • awarding tenders should not strictly be based on only the lowest price; • a 10 per cent flexibility factor should be supported; and • it is good to use the Council's buying power to support other outcomes.

Cr Oke made the following key comments: • this Council has incredibly important Council goals, of which many include social, sustainability and

environmental goals; and • it has been very frustrating in the past years to know the procurement policy is not completely in line

with the goals of Council.

The Lord Mayor, Robert Doyle made the following key comments: • consideration and balance are the important parts; • Council does not give preference because it cannot go outside normal good business practice,

particularly to local businesses simply because they are local; • the Ford Motor Company is a good example with $285 million in preference to Ford and no

consideration shown in return; • counsel against a blindness to a local product but counsel for consideration of local product; and • am confident that the Director Corporate Business, Mark Stoermer and his team will put an

appropriate weighting into these considerations.


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6.4 National Local Government 'Yes' Campaign for Constitutional Recognition

The purpose of this report was to determine whether Council wishes to participate in the national local government 'Yes' campaign for constitutional recognition and what level of voluntary financial contribution it is willing to provide

Moved: Cr Mayne

1. That Council resolve to:

1.1. participate in the national Yes' campaign at the local level (to be coordinated at the state level by the Municipal Association of Victoria under the direction of a national campaign team); and

1.2. provide a voluntary financial contribution of up to $70,556 towards the national local government Yes' campaign.

Seconded: Cr Leppert

Cr Mayne made the following key comments: • •

pressure is on local governMents to articulate the arguments for the financial certainty that the proposed amendment will give;

• the amendment means that Canberra will be able to fund local government for national programs; and • the MAV has come to the table with a request for a voluntary levy.

Cr Leppert made the following key comments: • the Napthine Government has no intention of withdrawing their opposition to the campaign; • Minister Powell, on behalf of the Victorian Government, made a press release which includes the

suggestions that the reason why a referendum must be voted down is if the constitutional amendment is passed, then lawyers will be tied up in the courts for years trying to figure out whether or not the Commonwealth or the State has jurisdiction over councils;

• last week Minister Powell made another press release stating that the Victorian GovernMent cannot find any reasons why any proposed constitutional amendment would support local communities and local government;

• this demonstrates why this motion is all the more important; and • polls suggest that Victoria will be a swing state in the referendum.

Cr Watts made the following key comments: • Council is obligated as a capital city to lead by example; and • this gives the opportunity to support the facts.

The Lord Mayor, Robert Doyle made the following key comments: • this is not a matter of competitive sovereignty, this is 17 words to go into the 30,000 word constitution; • this is about the ability of the Commonwealth to contribute directly financially to local government; and • need to put forward a clear case as to why this is better for our constituents.

Cr Mayne commented that there will be some prominent conservative politicians who will be supporting this.


6.5 Linking Melbourne Authority East/West Tunnel Geotechnical Investigation

The purpose of this report was to seek approval of a request received from the Linking Melbourne Authority to undertake further geotechnical investigations (soil core sampling and seismic testing) at various locations within the municipality.


In response to questions raised by Council, the Manager Engineering Services, Geoff Robinson made the following key comments: • the Linking Melbourne Authority has approached Council regarding some boreholes which will be used

to determine subterranean layering and some seismic testing for a proposed tunnel; and • conditions have been added in the report, which are the same conditions that were used to approve

the previous investigations.

Moved: Cr Mayne

That Council consent to the additional geotechnical investigation activity requested by the Linking Melbourne Authority as detailed in Attachment 2 to the Management Report subject to the earlier permit conditions detailed in Attachment 1 of the Management Report.

Seconded: - Lord Mayor, Robert Doyle

Cr Mayne spoke in favour of the motion and made the following key comments: • there have been some good and valid points made by submitters; • believe there would be similar testing for Doncaster rail; • personally opposed to the East/West Tunnel proceeding before Metro One; • this issue is about science, research, investigating and providing data; • this is not the time to take a stand that we are voting for or against the East/West Tunnel; • this is a procedural piece of research and science; and • should this be voted down, it will make Council look out of touch and will be overridden by the State

Government.

The Lord Mayor, Robert Doyle spoke in favour of the motion and made the following key comments: • this motion is not about the East/West Tunnel, it is about data so Council can make evidence based

decisions about infrastructure and how it should be delivered; • rejects the wedge politics that its either the East/West Tunnel or Metro One; and • the original Eddington report said both are necessary for Melbourne.

Cr Leppert spoke against the motion and made the following key comments: • the City of Melbourne Transport Strategy clearly says 'Consider the Governments proposed East/West

Link when details are known to make sure it achieves the City of Melbourne Transport and Urban Development objectives and is consistent with Councils resolutions of June 2008, opposing the use of any park land for the purpose of any road works or associated activities';

• Council is not going to receive the East/West Link proposal and the results of the testing are not going to be made available to the public;

• the Minister has put out today a press release explaining how the Linking Melbourne Authority will now start designing what needs to be done;

• concerned that if a stand is not taken now, no stand will be taken at any point; • in 2008 the So Council resolved that it did not support any new freeway cutting through parkland in the

City of Melbourne, and • this was reinforced in 2012 as part of the Transport Strategy.

Councillor Leppert gave notice that he intended to move the following motion in the event the substantive motion failed: That Council refuse the geotechnical drilling activity requested by the Linking Melbourne Authority as detailed in the attachment to the report from management, as the stated intentions of the State Government to construct the East West link through Royal Park directly contradict Priority Action 30 of the City of Melbourne Transport Strategy 2012-16, which reads "Consider the Government's proposed East West Link when details are known to make sure that it achieves the City of Melbourne's transport and urban development objectives and is consistent with council's resolution of June 2008 opposing the use of any parkland for the purposes of any road works or associated activities.

Cr Wood spoke against the motion and made the following key comments: • Council keeps approving these investigations with very little rigor or detail around the proposal; • there are too many "ifs" in the project ; • Infrastructure Australia's number one priority was Metro One Rail; • on the Linking Melbourne Authorities website it states that this project should be coordinated with the

planning of Melbourne Metro and Doncaster Rail; • if there was approval for East/West Link and Melbourne Metro there may be a different type of debate;


• in 2009 the geotechnical investigations started for Melbourne Metro One but we still do not have a start date;

• more recent investigations have started for East/West Link and we already have a start date of 2014; and

• there has been no thought about how this coordinates not only with the Transport Strategy but with the community.

Cr Watts spoke against the motion and made the following key comments: • the project is short of data on many aspects; • is a great shame to give approval at any point to this project; and • this is a small part of a very nasty project.

Cr Oke spoke against the motion and made the following key comments: • now that more details have been received Council should not support this project; • East/West Link newspaper shows the map of the proposed tunnel; • this goes completely against action item 30 in City of Melbourne's Transport Strategy; • it is clearly going to affect parkland and is against the Councils current policy; and • note that over 80 submissions have been received and all are against the East/West Link.

Cr Foster spoke against the motion and made the following key comments: • easy to see the motion as benign with no special impact with only investigative activity; • now is the time to take a stand against the fundamentality wrong project; and • it is a controversial idea that does not stand to gather community support.

Cr Mayne made the following key comments: • comments made by Tony Abbott and the distribution of over 1000 letters by Greg Barber has

stimulated a lot of submissions; • Council needs to look at a project specific situation and not be bound by a decision made in 2008

when talking about a $10 billion project; • the history of major works is that they 'gold plate' the infrastructure they are working with, note the

bridges surrounding Mullum Mullum Creek; and • Council needs to be sensible and able to be dealt with by the State Government regarding this matter

in order to negotiate a good outcome.

The motion was put and carried with the following Councillors voting in favour of the motion: The Lord Mayor, Robert Doyle, Deputy Lord Mayor, Susan Riley, Councillors Louey, Mayne, Ong and Pinder-Mortimer, and the following Councillors voting against the motion: Councillors Foster, Leppert, Oke, Watts and Wood.

6.5a Destination DockIands Ltd Three Year Funding Proposal

The purpose of this paper was to seek Council approval for a second and third year (2014-15 and 2015-16 funding agreement for Destination Docklands Limited at a level of $200,000 per annum for core marketing activities and $100,000 for event activation.

The Deputy Lord Mayor, Susan Riley declared an indirect conflict of interest in this matter under Section 78A indirect financial interest of the Local Government Act 1989. Destination Docklands advertises in 3008 Docklands which is published by Mag Media of which the Deputy Lord Mayor, Susan Riley is a Director. The Deputy Lord Mayor, Susan Riley left the meeting at 6.18pm.

Moved: Cr Louey

That Council approve a second and third year (2014-15 and 2015-16 funding commitment for Destination Dock/ends Limited at a /eve/ of $200,000 per annum for core marketing activities and $100,000 per annum for even activation.

Seconded: Cr Wood

Cr Louey made the following key comments: • the proposal is very comprehensive; • the Destination Docklands Chief Executive Officer, Anita Donnelly is very driven; and • this proposal will benefit Docklands.


Cr Wood made the following key comments: • the second and third year allocation of funding gives security; and • this focuses on supporting Docklands to continue to evolve.

Cr Mayne made the following key comments: • Docklands visitation numbers are up; and • Council is putting a record $10 million into Docklands in capital works.

Cr Pinder-Mortimer commended Destination Docklands in obtaining funding from commercial entities.

The motion was put and carried unanimously with the following Councillors present: The Chair, Lord Mayor, Robert Doyle, Councillors Foster, Leppert, Louey, Mayne, Oke Ong, Pinder-Mortimer, Watts and Wood.

Deputy Lord Mayor, Susan riley returned to the meeting at 6.22pm after the vote was taken.

7 GENERAL BUSINESS

There was one item of general business for consideration in the open session.

7.1 Notice of Motion: Cr Mayne, Membership of the Audit Committee

Moved: Cr Mayne

1. That the Council resolve to expand membership of the Audit Committee (the Committee) to comprise four independent members and three Councillors and in doing so request the following:

1.1 that the current process to recruit one independent member to fill a vacancy be expanded to recruit two members;

1.2 that the Council appoint Cr Rohan Leppert to the Committee and remove the requirement for an alternate member to cover absence by a Councilor; and

1.3 that an adjustment be made to the draft 2013-2014 budget to provide for an increase in remuneration fees which will be required following appointment of one additional independent member.

Seconded: The Lord Mayor, Robert Doyle

Cr Mayne made the following key comments: • eighty-two people applied to become members of the Audit Committee; and • it is good governance to have an independent Chair and a majority of independent members.

The Lord Mayor, Robert Doyle made the following key comments: • hope the move is towards a more high level Audit Committee; and • have had experience working with an Audit Committee where a program of internal auditors were

looking at major internal processes and procedures and this really added to the value and culture of the organisation.


8. URGENT BUSINESS

There were no items of urgent business for consideration in open session.


9. CLOSURE OF OPEN MEETING

Moved: Cr Wood

That pursuant to sections 89(2)(h) of the Local Government Act 1989, the meeting of the Council be closed to members of the public for the consideration of the reports under the following categories:

• 6.6.1 and 6.7.1 as it contains information which if released would prejudice the Council or any person.

Seconded: Cr Ong

The motion was put and carried unanimously with the following Councillors present: The Chair, Lord Mayor, Robert Doyle, Deputy Lord Mayor, Susan Riley, Councillors Foster Leppert, Louey, Mayne, Ong, Pinder-Mortimer, Watts and Wood.

The Chair, Lord Mayor, Robert Doyle declared the open meeting closed to members of the public at 6:25pm.

Confirmed at the meeting ncil on 25 June 2013.

Chair Lord Mayor, Robert Doyle


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