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DECISIONS OF THE ORDINARY MEETING OF

COUNCIL

HELD ON 29 AUGUST 2017

at 7.00 pm

Council Chambers 293 Springvale Road,

Glen Waverley

DECISIONS OF THE ORDINARY MEETING OF THE MONASH CITY COUNCIL HELD ON

29 AUGUST 2017

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DECISIONS OF THE ORDINARY MEETING OF THE MONASH CITY COUNCIL HELD IN THE COUNCIL CHAMBERS, SPRINGVALE ROAD GLEN WAVERLEY

ON 29 AUGUST 2017 AT 7.00 PM.

CONFIRMATION OF MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON 25 JULY 2017

That the minutes of the Ordinary Meeting of the Council held on 25 July 2017, be taken as read and confirmed.

CARRIED

RECEPTION AND READING OF PETITIONS, JOINT LETTERS & MEMORIALS

Cr Saloumi tabled a petition from residents opposed to Town Planning Application TPA/47777 for proposed dwellings at 6 Hanwell Court Glen Waverley on the basis of streetscape character, vehicle management and neighbourhood amenity. Cr Klisaris tabled a petition from residents requesting a roundabout at the intersection of Abbeygate Court and Hansworth Street, Mulgrave. PUBLIC QUESTION TIME

The Mayor advised that 3 questions had been received. As 2 submitters were not able to attend the meeting to ask their questions, the Mayor advised that the submitters would be provided with a written response to their questions.

OFFICERS’ REPORTS

1. CITY DEVELOPMENT 1.1 Monash Urban Landscape and Canopy Vegetation Strategy

That Council: 1. Notes the content and recommendations prepared by a consultant contained in the Draft Monash Urban Landscape and Canopy Vegetation Strategy; 2. Expresses its general in-principle support (subject to future public consultation) for the vision outlined in the strategy, particularly to increase the treed canopy and landscaping across the municipality;


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3. Notes that while this vision outlined in the strategy is likely to be supported by many in the community, the potential for further controls and restrictions on how people can manage trees on their own property is likely to be controversial within the community and there is likely to be different opinions in relation to this; 4. Further notes that given the likely controversy around any new potential controls and further restrictions that may be considered, it would be more meaningful for Council to consider and outline potential approaches which may be available to deliver the vision (including approaches which encourage and incentivise a greening of Monash rather than compels it or which seeks to achieve that outcome through excessive controls or restrictions); and 5.Directs Council officers to prepare a discussion paper for further Council consideration to facilitate a more effective community consultation approach by: a. summarising the general vision of the strategy; and b. analysing potential implementation options including any proposed measures

or controls that may be utilised or considered to implement the strategy . 6. Commits to releasing the draft Strategy together with the Council paper on implementation options at the earliest opportunity.

CARRIED 1.2 Waverley Park Estate – Open Space and Community Benefits Package

That Council: 1. Notes the low number of submissions received through the community

consultation. 2. Notes that there is no clear preference in those submissions for either the park

improvements or the community facility. 3. Resolves to approve the plans submitted by Mirvac in response to conditions

53(a) - (h) inclusive as per the permit issued by the Minister for Planning STA/2001/00714B subject to the changes and inclusions that form part of this recommendation below.

4. Confirms that Mirvac is to deliver the existing park improvements (allowance $612,000) as required by condition 53(c) and that generally accord with Council’s in principle position adopted at the 28 March 2017 Council meeting and detailed in this report and that these improvements form part of the plans to be endorsed under the permit.

5. Notes that the estimated cost of the park improvements identified in point 4 results in a residual amount of approximately $130,000.

6. Advises Mirvac that the community facility is not needed in the Stadium building. 7. Resolves that Mirvac delete reference to a possible community facility as part of

the entry park nearest Jacksons Road to the value of $690,000 that was shown on


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the plans that were consulted on as part of Council’s in-principle position. 8. Approves the further improvements proposed to the lake and wetlands open

space area which includes the construction of toilets, a kiosk facility and car parking to service the wetland park area, valued at approximately $740,000.

9. Requires written confirmation from MIRVAC and DWELP that the $740,000 expenditure in point 8 can be delivered by using the $690,000 being for the former community facility as identified in point 7 above and a portion of the residual identified in point 5 above.

10. Notes that as a result of point 9 it is estimated that there may be a residual amount of approximately $80,000 and that any residual amount will be transferred to Council to be held in trust and put towards future open space improvements within the estate understanding that any residual amount may be required to be used as identified in point 13 below.

11. Requires written confirmation from MIRVAC and the Department of Environment, Land, Water and Planning that as no additional public open space improvements to the value of $1 million as identified in condition 53(h) of the planning permit have been identified that the condition is satisfied and that there is agreement for Mirvac to transfer this amount to Council to be held in trust to be spent on future open space improvements within the estate in the future.

12. Notes that in agreeing to point 12 above, the works required to properly deliver the requirements in point 8 may require utlisation of some of the $1 million provided for in condition 53(h) or the residual identified in point 10. Both amounts will be retained by Mirvac until final costings for the items under conditions 53 (a) – (g) are finalized, understanding that Mirvac will present to Council for review any cost increases for review and approval. After finalization of all the costs, the remaining balance will be paid by Mirvac to Council to be held in trust to be spent on future open space improvements within the estate in the future.

13. Notes that there is an existing agreement with Mirvac for the maintenance of open space in the estate and that Council will be responsible for maintenance of open space to Council standards at the completion of the estate.

14. Resolves in addition to point 14 above, that it does not intend to levy an additional charge on Waverley Park residents for maintenance undertaken to Council’s standard within the estate, or for any part of the community benefits package including any community facility.

15. Requests that Mirvac make a one off cash payment to Council to cover 10 years maintenance for the additional 2.4 hectares of public open space that results from the retention of the power lines above ground to be paid when Mirvac has handed over all maintenance to Council.

16. Notes that any funds transferred to Council will be held and can only be used within the Waverley Park Estate.


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17. Advises all residents of the Waverley Park Estate, Mirvac and the Department of Environment, Land, Water and Planning of the above decision on the amended planning permit and the proposed community benefits package and that Council’s approval is subject to agreement from Mirvac and endorsement from the Department of Environment, Land, Water and Planning of the changes and inclusions detailed in this recommendation.

CARRIED

1.3 10 Alvina Street, Oakleigh South Former Clayton West Primary School Site Amended Development Plan Proposal

That Council resolves to not approve the submitted Development Plan (Rothe Lowman July 2017) for 10 Alvina Street, Oakleigh South based on the following grounds:

1. The submitted development plan does not satisfy the requirements and decision guidelines of Schedule 5 to the Development Plan overlay.

2. The development plan poorly integrates with the neighbourhood character of the surrounding area.

3. The scale and density of the submitted development plan is excessive.

4. The development plan does not provide for appropriate inclusion and retention of existing vegetation and places significant vegetation on private lots.

5. The development plan is inconsistent with Council’s Residential Development and Character Policy.

CARRIED 1.4 Amendment C136 to the Monash Planning Scheme – 161-169 & 171 Jells Road,

Wheelers Hill

That Council:

1. Request the Minister for Planning to authorise Council, pursuant to Section 8A of the Planning and Environment Act 1987, to prepare Amendment C136 to the Monash Planning Scheme to:

• Replace Schedule 5 to Clause 43.02 (Design and Development Overlay) to include an exemption to 161-169 & 171 Jells Road for development of a covered walkway between the two sites.

2. Authorises the Director City Development to prepare and finalise the planning scheme amendment documentation in accordance with this report.


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3. Upon receiving authorisation from the Minister for Planning, prepare Amendment C136, and exhibit the amendment in accordance with the requirements of the Planning and Environment Act 1987.

CARRIED 1.5 103-105 Capital Avenue, Glen Waverley Construction of Seven (7) Double Storey

Dwellings & Tree Removal

That Council resolves to issue a Notice of Decision to Refuse to Grant a Planning Permit (TPA/47157) for the construction of seven (7) double storey dwellings at 103-105 Capital Avenue, Glen Waveley subject to the following grounds:

1. The proposal does not adequately satisfy the objectives and design standards of Clause 22.04 Residential and Development Character Policy in regards to the Garden City Character.

2. The proposal does not adequately satisfy the objectives and design standards of Clause 55 of the Monash Planning Scheme having regards to Neighbourhood Character, landscaping, dwelling entry, access and solar access to open space.

3. The proposed development is out of character with the existing development in the area in particular with regard to mass, bulk and scale.

4. The proposed development has an adverse impact on the amenity of adjoining properties.

5. The proposed development is not appropriate for the locality in regards to its adverse impact on the streetscape and general neighbourhood character.

6. The proposal does not satisfy the objectives and design standards of Clause 52.06 Car Parking.

7. The proposal has been designed to minimum standards and as such presents as an overdevelopment of the site.

CARRIED 1.6 59-61 Bales Street, Mount Waverley Construction of Six (6) Dwellings

That Council resolves to issue a Notice of Decision to Grant a Planning Permit (TPA/46726) for the CONSTRUCTION OF SIX (6) DWELLINGS, at 59-61 BALES STREET MOUNT WAVERLEY VIC 3149 subject to the following conditions:

1. Before the development starts, three copies of amended plans drawn to scale and

dimensioned, must be submitted to and approved by the Responsible Authority. The submitted plans must clearly delineate and highlight any changes. When approved the plans will be endorsed and will then form part of the permit. The plans must be generally in accordance with the plans submitted with the application by Infinity Partnership dated 16 May 2017 Revision C, but modified to


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show:

a) The Dwelling 1 first floor ensuite and walk in robe west wall recessed a minimum 1 metre from the ground floor west wall below.

b) The Dwelling 1 first floor bedroom 2 and ensuite north wall recessed a minimum 1 metre from the ground floor north wall below.

c) The Dwelling 3 and 5 balconies deleted.

d) All obscure glazing to be shown as fixed glazing below 1.7 metres from finished floor level.

e) Tree protection measures to protect Tree 8 – Cedrus deodara (Himalayan Cedar) in accordance the report by Molloy Arboriculture dated 12 August 2016, page 18.

f) Ramp grades and length of grades designed as follows:

i. Maximum grade of 1 in 4.

ii. Provision of minimum 2.0 metre grade transitions between different section of ramp or floor for changes in grade in excess of 12.5% (summit grade change) or 15% (sag grade change).

g) A corner splay or area at least 50% clear of visual obstruction (or with a height of less than 1.2m), which may include adjacent landscaping areas with a height less than 0.9 metres, extending at least 2.0 metres long x 2.5 metres deep (within the property) on both sides of each vehicle crossing to provide a clear view of pedestrians on the footpath of the frontage road.

2. The development as shown on the endorsed plans must not be altered without

the written consent of the Responsible Authority.

3. A landscape plan prepared by a Landscape Architect or a suitably qualified or experienced landscape designer, drawn to scale and dimensioned must be submitted to and approved by the Responsible Authority prior to the commencement of any works. The plan must show the proposed landscape treatment of the site including:- a) provision of a minimum 8 canopy trees with spreading crowns located

throughout the site including the major open space areas of the development

b) planting to soften the appearance of hard surface areas such as driveways and other paved areas

c) a schedule of all proposed trees, shrubs and ground cover, which will include

the size of all plants (at planting and at maturity), their location, botanical names and the location of all areas to be covered by grass, lawn, mulch or other surface material

d) the location and details of all fencing


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e) the extent of any cut, fill, embankments or retaining walls associated with the landscape treatment of the site

f) details of all proposed hard surface materials including pathways, patio or

decked areas When approved the plan will be endorsed and will then form part of the permit.

4. Before the occupation of the buildings allowed by this permit, landscaping works as shown on the endorsed plans must be completed to the satisfaction of the Responsible Authority and then maintained to the satisfaction of the Responsible Authority.

5. Tree 8 – Cedrus deodara (Himalayan Cedar) must not be damaged during construction and must be protected in accordance with the tree protection measures shown on the endorsed plans.

6. Before the development commences the owner must pay to Council $1,927.15 for the cost of removal, replacement and amenity value of the naturestrip tree (Callistemon salignus) closest to the south property boundary. This amount is valid for six months from the date of issue of the permit. The remaining naturestrips street trees must be protected by temporary rectangular wire fencing as per Australian Standards erected prior to commencement of works until completion. Fences must extend out to at least 2 metres from the trunk face at ground level.

7. Before the commencement of construction, the owner must provide written proof of secure tenure of Council owned land at the front of the site (Certificate of Title Volume 11147 Folio 100 and Volume 11147 Folio 101).

8. The development must be provided with a corner splay or area at least 50% clear of visual obstruction (or with a height of less than 1.2m), which may include adjacent landscaping areas with a height less than 0.9 metres, extending at least 2.0 metres long x 2.5 metres deep (within the property) on both sides of each vehicle crossing to provide a clear view of pedestrians on the footpath of the frontage road.

9. All common boundary fences are to be a minimum of 1.8 metres above the finished ground level to the satisfaction of the Responsible Authority. The fence heights must be measured above the highest point on the subject or adjoining site, within 3 metres of the fence line.

10. The amenity of the area must not be detrimentally affected by the use or development, through the:

a) transport of materials, goods or commodities to or from the land;

b) appearance of any building, works or materials;

c) emission of noise, artificial light, vibration, smell, fumes, smoke, vapour,


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steam, soot, ash, dust, waste water, waste products, grit or oil;

d) presence of vermin;

11. The construction works associated with the permitted development must only be carried out during the following hours: • Monday to Friday (inclusive) – 7:00am to 6pm; • Saturday – 9am to 1pm; • Saturday – 1pm to 5pm (only activities associated with the erection of

buildings); unless otherwise approved in writing by the Responsible Authority.

12. All on-site stormwater is to be collected from hard surface areas and must not be allowed to flow uncontrolled into adjoining properties. The on-site drainage system must prevent discharge from all driveways onto the footpath. Such a system may include either:

a. a trench grate (150 mm minimum internal width) located within the property; and/or

b. shaping the driveway so that water is collected in a grated pit on the property; and or

c. another Council approved equivalent.

13. Once the development has started it must be continued and completed to the satisfaction of the Responsible Authority.

14. This permit will expire in accordance with section 68 of the Planning and Environment Act 1987, if one of the following circumstances applies: • The development is not started before 2 years from the date of issue. • The development is not completed before 4 years from the date of issue.

In accordance with section 69 of the Planning and Environment Act 1987, the responsible authority may extend the periods referred to if a request is made in writing before the permit expires, or within six months of the permit expiry date, where the development allowed by the permit has not yet started; or within 12 months of the permit expiry date, where the development has lawfully started before the permit expires.

NOTES: 1. Building approval must be obtained prior to the commencement of the above

approved works.

2. Building Permit approval for this development must take into consideration the location of future subdivision boundaries and their compliance with the Fire Separation Provisions of the Building Code of Australia, including Separating Walls and Openings near Boundaries, as well as the requirements of the


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Building Regulations.

3. The lot/unit numbers on the “Endorsed Plan” are not to be used as the official street address of the property. Street numbering is allocated in accordance with Australian/New Zealand Standards 4819:2001- Rural and Urban Addressing. Any street addressing enquiries should be directed to Council’s Valuation Team on 9518 3615 or 9518 3210.

4. Stormwater discharge is to be detained on-site to the predevelopment level of peak stormwater discharge. Approval of any detention system is required from Council prior to works commencing. Please refer to the notes section of this permit for additional details.

5. Direct the entire site's stormwater drainage to the south-east corner of the property where it must be collected and free drained via a pipe to the Council pit in the naturestrip to be constructed to Council Standards. (A new pit is to be constructed to Council Standards if a pit does not exist, is in poor condition or is not a Council standard pit). Note: If the point of connection cannot be located then notify Council's Engineering Department immediately.

6. Any new drainage work within the road reserve requires the approval of the Council's Engineering Division prior to the works commencing. Please refer to the notes section of this permit for additional details. A refundable security deposit of $500 is to be paid prior to the drainage works commencing.

7. Engineering permits must be obtained for new or altered vehicle crossings and new connections to Council pits and these works are to be inspected by Council (telephone 9518 3555).

8. A drainage contribution of approximately $8,077 may be accepted in lieu of a detention system. This contribution is valid until 30 June 2017. After this date an amended amount in accordance with Clause 22.04 of the Monash Planning Scheme will be applicable. This contribution is based on the plans provided and any additional hard surfaced areas included on amended landscape or drainage plans will alter this amount.

9. Three printed copies of the plans (A3-A1 size) for the drainage works must be submitted to and approved by the Engineering Division prior to the commencement of works. The plans are to show sufficient information to determine that the drainage works will meet all drainage requirements of this permit.

10. The proposed vehicle crossings are to be constructed in accordance with the Monash City Council standards.

CARRIED 1.7 Town Planning Schedules


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1. That the report containing the Town Planning Schedules be noted. 2. Notes that TPA/47589 229 Brandon Park Drive Wheelers Hill, TPA/47650 120

HAverbrack Drive Mulgrave, TPA/47346 2315-2319 Dandenong Road Mulgrave and TPA/46776 109 Hansworth Street Mulgrave are incorrectly recorded against Mount Waverley Ward instead of Mulgrave Ward

3. TPA/28424/A 693-703 Waverley Road Glen Waverley has been recorde in Mulgrave and Oakleigh Wards instead of Mount Waverley Ward

CARRIED 1.8 Sale of Land at Rear of 19 Chandler Grove, Burwood

That Council: 1. Commences the statutory process pursuant to Sections 189 and 223 of the Local

Government Act 1989 to advertise Council’s intention to sell the Council owned land situated at the rear of 19 Chandler Road Burwood being 61 square metres in area to the owner of 19 Chandler Grove Burwood.

2. Appoints a Committee of Council comprising the Mount Waverley Ward Councillors to consider any submissions received under Section 223 of the Act at a time and place to be fixed.

3. In the event of there being no submissions received, authorises the Chief Executive Officer or her delegate, on behalf of Council, to sign and seal all documentation required to effect a subdivision and sale of the land in accordance with Council’s valuation and associated costs.

CARRIED 1.9 Adoption of Leasing and Licensing Policy

That Council: 1. Notes the feedback received on the community consultation for the Leasing

and Licensing Policy; and 2. Adopts the Leasing and Licensing Policy, subject to the following:. The correction of Section 14.18 (page 23 of the policy) by deleting the last

sentence in the first paragraph of that section and replacing it with the following: “Gambling activity includes but is not limited to sports betting, lotto and casino games.”.

CARRIED 1.10 Community Amenity (Miscellaneous Amendments) Local Law

That Council:


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1. Receives the proposed Community Amenity (Miscellaneous Amendments) Local Law (the proposed Local Law);

2. Authorises commencement of the statutory process for the making of the proposed Local Law, in accordance with Part 5 of the Local Government Act 1989 (the Act), by giving public notice of its intention to make the proposed Local Law and inviting submissions under section 223 of the Act;

3. Appoints a Committee of Council comprising of all Councillors to consider and hear any submissions received under Section 223 of the Act at a time and place to be fixed.

CARRIED 2. COMMUNITY DEVELOPMENT AND SERVICES 2.1 Monash Neighbourhood Matching Grants

That Council supports the Monash Community Grant Evaluation Panel recommendation to support the Cockatoo Community Mural project through the Monash Neighbourhood Matching Grant program, by providing a once off cash allocation of $1,700.00

CARRIED

2.2 A Healthy and Resilient Monash: Integrated Plan 2017-2021

That Council: 1. Endorses the draft ‘A Healthy and Resilient Monash: Integrated Plan 2017-

2021’ [the Plan] and its companion document ‘Action Plan Year One 2017 – 2018’ and notes ‘Our Community: A Snapshot’;

2. Endorses the Plan and its companion documents to be placed on public exhibition for a period of four weeks during September 2017; and

3. Notes the new strategic direction of the Plan which integrates the majority of Strategies, Action Plans and key work areas of the Community Development and Services directorate.

CARRIED

2.3 Community Consultation Outcomes – Proposed Tennis Courts at Caloola Reserve,

Oakleigh

That Council: 1. Authorise officers to proceed to tender for the installation of eight (8) synthetic

grass tennis courts with LED sports lighting at Caloola Reserve Oakleigh to be initially funded from the 2017/18 Oakleigh Recreation Centre Redevelopment budget;


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2. Notes that the proposal will involve the demolition of the existing pavilion at Caloola Reserve and provision of temporary buildings for use by the three sporting clubs until a new pavilion is constructed;

3. Authorises officers to commence the design process for stage 2 developments at Caloola Reserve including the new pavilion, car-park and hot shot courts with the view to potentially start construct in the 2018/19 financial year;

4. Authorises officers to enter into a heads of agreement with Oakleigh Tennis Club and North Oakleigh Tennis Club for future usage agreements for the shared use of the new facility at Caloola Reserve which will include a condition that when the preferred days and hours of use of the new facility have been agreed with the tennis clubs, there must be in place an appropriate public booking system for the use of tennis courts by the general public;

5. Receives a further report advising of the tender outcomes for construction of the new tennis courts at Caloola Reserve;

6. Commences the statutory process to sell the land at 14-16 Atkinson Street, Chadstone (Title Volume 5465 Folio 1092880, Volume 4995 Folio 998905 Volume 6331 Folio 1266163 Volume 7508, Folio 033) and appoints a Committee of Council comprising Mount Waverley Ward Councillors to consider submissions received under Section 223 of the Local Government Act at a time and date to be fixed if no submissions are received, Council authorises the Chief Executive Officer or her delegate on behalf of Council to sign and seal all documentation required to effect a sale of the land; and

7. Directs officers to speak with the Department of Environment, Land, Water and Planning to determine the best option to achieve a rezoning of the land and then report to Council on the preferred option and seek a resolution of Council to commence the rezoning process and in turn authorise the Chief Executive Officer or her delegate, on behalf of Council, to undertake the necessary processes to rezone the parcel of land at 14-16 Atkinson St, Chadstone to its underlying zone (General Residential Zone 2).

CARRIED

2.4 Tender For Carols By Candlelight – Stage and Delivery

That Council: 1. Accepts the tender from POWA for Contract No.CF2017087, of the Carols by

Candlelight Stage Supply and Delivery, for a one year period with extension options of three (3) x one (1) year option(s) for an annual lump sum price of $46,585.00 inclusive of GST as submitted in the tender;

2. Authorises the Chief Executive Officer to execute the contract agreement; and 3. Authorises the Chief Executive Officer at her discretion to approve each of the

extension options of three (3) x one (1) year option(s) in the contract agreement, subject to satisfactory performance.

CARRIED


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2.5 Mulgrave Reserve Sportsground Upgrade

That Council: 1. Authorise officers to proceed to tender for the full reconstruction of Mulgrave

Reserve Sportsground; and 2. Notes that the scope of works is expected to exceed the current budget

allocation and to endorse additional funding to the Mulgrave Reserve Sportsground project from within the 2017/18 adopted capital works program budget.

CARRIED

3. CORPORATE SERVICES 3.1 2016/2017 Financial & Performance Statements

That Council:

1. notes the draft City of Monash 2016/2017 Annual Financial Statements and Performance Statement (the Statements) prepared in Accordance with the Local Government Act 1989;

2. notes the 15 August 2017 recommendation of Council’s Audit & Risk Committee in relation to the Statements;

3. adopts the Statements “in principle” prior to them being provided to the Victorian Auditor-General’s Office for audit sign off;

4. nominates Audit & Risk Committee members Councillors Paterson and Lake to certify the Statements in their final form; and

authorises the nominated Councillors to accept any further recommended changes to the Statements by the Victorian Auditor-General’s Office.

CARRIED 4. INFRASTRUCTURE 4.1 Ancillary Parking Options for the Glen Waverley Activity Centre

That Council continues to: • advocate to the State Government for additional commuter car parking

around the Glen Waverley Railway Station; • advocate for improved bus links to the Glen Waverley Railway Station

including higher frequency services; • implement upgrades to sustainable modes of transport in accordance with its

Integrated Transport Strategy to reduce reliance on motor vehicles; and


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• monitor the commuter parking situation in Glen Waverley and explore options for improvements where possible.

CARRIED 4.2 Drainage Improvement Works – Oakpark Drive, Chadstone

That: 1. Council accepts the tender of Plumbtrax Infrastructure Services to undertake

drainage improvement works in Oakpark Drive, Chadstone, for the revised lump sum of $444,433.00 (GST inclusive).

2. The anticipated project expenditure of $519,000.00 (GST exclusive) for the drainage improvement works (including the contingency, provisional items and works management fees) be noted.

3. The Chief Executive Officer be authorised to execute the contract documents and approve any contract variations that are contained within the anticipated project expenditure.

CARRIED

4.3 Contract For Propagation and Supply of Indigenous Plants

That Council: 1. Accepts the tender from Bushland Flora Pty Ltd for the propagation and supply of

indigenous plants for a period of two (2) years with two (2), by three (3) year extensions commencing 1 September 2017, based on a schedule of rates with an estimated annual expenditure of $138,000 GST inclusive. The total estimated expenditure is $1,100,000 (including GST) if the contract is extended for the full eight year term.

2. Authorises the Chief Executive Officer to execute the contract agreement. 3. Authorises the Chief Executive Officer to approve each of the extension options of

the contract agreement, subject to satisfactory performance.

CARRIED

5. CHIEF EXECUTIVE OFFICER’S REPORTS 5.1 Assembly of Councillors Record

That Council notes the Assembly of Council records submitted as part of the requirements of the Local Government Act 1989.

CARRIED


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5.2 Review of Delegations From Council to Members of Council Staff

That this item be deferred to the September 2017 ordinary Meeting of Council.

CARRIED 5.3 Transparency In Decision Making – Matters of Confidential Business


CARRIED 6. COMMITTEE REPORTS 6.1 Monash Gallery of Art Committee of Management Annual Report 2016-17


CARRIED 6.2 Environmental Advisory Committee Membership

Thant Council support the appointment of Steven Owen to the Environmental Advisory Committee (EAC) until April 2018.

CARRIED 7. NOTICES OF MOTION

7.1 Discretionary Fund Applications - Mayor

That Council resolves to approve the following applications for funding from the Discretionary Fund:

APPLICANT PURPOSE AMOUNT RECOMMENDED

Indian Senior Citizens Association of Victoria

Hall hire charges for training sessions $343.62 excl.GST

Australian Society of Graduate Tamils Inc.

Hall hire charges for community event $696 excl. GST

Friends of the Children Foundation

Hall hire charges for fund raising event $685 excl. GST

Cerebral Palsy Education Centre

Costs for conference for parents, carers and members of the public

$1,000


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CARRIED 7.2 Questions From The Public At Council Meetings

That Council resolves that:

1. Standing Orders be suspended such that the formalities of Council’s meeting procedures are temporarily disposed of.

2. During the time that standing orders are suspended, the Mayor:

A. retains discretion to accept or reject such questions. In exercising that discretion, the Mayor will consider whether a question:

i) relates to a matter beyond the power of Council; ii) is defamatory, malicious, abusive or objectionable in language or substance; iii) relates to the personal views or actions of an individual Councillor or officer; iv) relates to a matter which would prejudice the Council or any person; v) is repetitive of a question already answered at the Meeting or the previous

Ordinary Meeting of Council; vi) is in the nature of a statement, comment or opinion; or vii) relates to any matter which would otherwise be considered by Council in a

meeting thatis closed to the public under Section 89(2) of the Local Government Act 1989.

B. Where such an opportunity is provided, the Mayor shall: i) call on members of the public gallery who have submitted an accepted question

to ask their question verbally, if they wish; ii) allow a maximum of two questions from any person; iii) only allow a second question from any person should time permit; iv) allow, at her or his discretion, a questioner to seek clarification on any point/s

made in the answer provided; v) give priority to questions relating to matters on the Meeting agenda and to

questions in the order in which they were received; vi) allow a maximum of three questions on a particular topic, grouping questions

together and responding collectively as appropriate; vii) nominate the appropriate Councillor or Council officer to answer the question

or elect to answer it herself/himself; viii) advise the Meeting where questions have been submitted to the Meeting and

rejected; ix) distribute rejected questions to all Councillors by the end of the next working

day; x) nominate an appropriate time period of no less than 15 minutes.

C. The text of each question asked and a summary response will be recorded in the minutes of the Meeting.

D. All questions not dealt with due to time constraints shall be responded to within seven working days. If a response cannot be provided in this time, Council Officers will advise the questioner of the expected timeframe for a


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response to be provided. Where an email address is supplied, this response will be provided via email.

CARRIED

7.3 Report on Attendance at 2017 ALGA National General Assembly of Local Government

That Council receives the report by Councillors on their attendance at the National General Assembly of Local Government, held from 19 to 21 June 2017.

CARRIED

7.4 Refugee Council of Australia Refugee Welcome Zone – Inaugural National Forum

That Council receives the report by Cr Fergeus on his attendance at the Refugee Council of Australia’s Refugee Welcome Zone Inaugural National Forum, held in Canberra on 22 June 2017.

CARRIED

7.5 Naming of Building at Eastern Innovation Centre

That the new building at the Eastern Innovation Business Centre be named the “Jessie Tait Building”.

CARRIED

7.6 Review of the Residential Tenancies Act 1997

That Council: 1. Notes the pending review of the Residential Tenancies Act 1997. 2. Accepts that housing safety and affordability are important and growing issues

for Monash residents. 3. Directs officers to write to the Minister for Consumer Affairs, expressing Council’s

support for appropriate protections and security for renters in Monash.

CARRIED

7.7 Recognition of Mitochondrial Disease – Mito

1. That the Council recognises the Global Mitochondrial Disease Awareness Week, 2. That Council agrees to support mito by lighting up the Council offices and Euneva

car park in the colour green on the evening of Saturday 16 September 2017.

CARRIED


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7.8 Oakleigh Activity Centre Steering Committee

That Council resolves:

1. That the Oakleigh Activity Steering Committee review the existing work that has been undertaken relating to the Western Gateway area and make recommendations to Council as to future work/project/s that could be undertaken for consideration as part of Council’s future budget.

2. That the Oakleigh Activity Steering Committee review and make recommendations to Council regarding the Oakleigh Activity Centre streetscape study.

CARRIED

7.9 Infringement Payment Plans

That Council:

1) Notes that it does not currently provide an option for people in hardship to pay infringement notices by instalments.

2) Notes that Justice Connect (formerly the Public Interest Law Clearing House PILCH) see payment plans by instalments as being the best means for homeless people and people experiencing financial stress to manage their infringement liabilities.

3) Resolves to establish a facility for infringement notices to be provided by instalment in the most cost effective manner.

4) Notes that under the provisions of the Infringements Act 2006, it is a function of the Secretary to the Department of Justice to establish and maintain a central payment plan facility but that such a facility is not currently available to Council or other councils.

5) Writes to the Secretary of the Department of Justice, and the Attorney General the Hon Martin Pakula MP, indicating that Council:

a. wishes to access the central payment plan facility prescribed in the Infringements Act;

b. seeks an assurance that the facility will be available to Council; and c. seeks a date by which this will occur.

CARRIED

7.10 Update on State Government Outdoor Dining Smoking Laws Implementation

That Council:

1. Notes the advice given to Council by officers at the strategy meeting held on 15 August that in summary:

a) The implementation has been quite successful. b) Traders are applying the laws as it is was intended.

2. As a result of this advice, writes to the state government congratulating it on its successful implementation.


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LOST

8. URGENT BUSINESS

9. COUNCILLORS’ REPORTS

10. PERSONAL EXPLANATIONS

11. MATTERS OF COUNCIL IMPORTANCE

12. CONFIDENTIAL BUSINESS That in accordance with Section 89(2) of the Local Government Act 1989, the Council resolves that the following items be considered Confidential Business given that they concern a proposed development, a contractual matter and matters that may prejudice the Council, and that and that the meeting be closed to members of the public.’

CARRIED The Mayor confirmed that the following had been carried in open Council: That Council accepts the negotiated lump sum tender price of $1,944,695(GST

inclusive), or $1,767,905 (GST exclusive) from Schultz Building Group Pty Ltd for the construction of the new Columbia Park Pavilion.

RETURN TO OPEN COUNCIL

The Mayor declared the meeting closed at 10.58 pm

MAYOR: ......................................…………

DATED THIS ............................... DAY OF ............................... 2017


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Questions for 29 August 2017 Council meeting

Question from Connie Pansino

Question 1: why won't Monash Council financially support the Senior Citizens of the Freccia Azzurra club Inc via comunity grants as we are completely separate from the club and do not receive any benefit from the pokies?

Council’s Monash Community Grants Program Policy & Guidelines 2017/18 states that funding will only be provided to groups who meet within the City of Monash municipal boundaries, and Freccia Azzura meets in Braeside. In addition, funding is limited to groups which align with Council’s strategic plans and policies and therefore, in line with The Public Health Approach to Gambling Policy, community grants will not be provided to any group who meet at a venue which contains Electronic Gaming Machines (despite whether it is located within the City of Monash). The Senior Citizens of the Freccia Azzurra Club Inc meet at a which contains EGM’s. Regardless of whether the Seniors Club benefit financially from the EGM, Council does not support community programs taking place in venues where gambling activities are occurring and groups that meet outside our boundaries. Council officers have also offered to support the Club to find an alternative venue within Monash, without EGMs, so that they may be deemed eligible for funding through the 2018/19 MCGP round. To date the Club has not taken up the offer to work with officers to find an alternative venue Question 2: why does kingston council support clubs from your municipality that have kingston residents but you won't return the favour and support your 104 residents who attend our club?

Monash Council is unable to comment on the policy position of other Local Government Authorities, as their individual policies are developed in relation to their own priorities, and applied at each Council’s own discretion. The City of Kingston’s Community Grants Program Policy (adopted in May 2016) states that, to be eligible for funding, groups must “Be physically located within the City of Kingston municipal boundaries. Consideration may be given to other groups and organisations where 50% or more of their membership comprises Kingston residents or where direct and significant benefit to Kingston residents can be demonstrated”. The Monash Community Grants Program is highly competitive and the demand on this program is continually increasing, while the program budget remains fixed. Therefore strict priority must be given to applicants who meet the MCGP criteria. This also ensures that grants funding provided by Council goes directly back into supporting the health and wellbeing of our residents.

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