minutes special council meeting - mayday -...

MINUTES

SPECIAL COUNCIL MEETING

MONDAY, 29 NOVEMBER, 2010

MUNICIPAL OFFICES QUEEN STREET, MORNINGTON

Mornington Peninsula Shire Council

COUNCILLORS

Cr. Lynn Bowden Cr. Antonella Celi Cr. Bev Colomb Cr. Leigh Eustace Cr. David Gibb Cr. Bill Goodrem Cr. Frank Martin Cr. Graham Pittock Cr. Tim Rodgers Cr. Anne Shaw Cr. Reade Smith

Watson Ward Truemans Ward Mornington Ward Mount Eliza Ward Rosebud Ward and Mayor Rye Ward and Deputy Mayor Red Hill Ward Kangerong Ward Nepean Ward Balcombe Ward Cerberus Ward

EXECUTIVE MANAGEMENT TEAM

Dr. Michael Kennedy OAM Mr. Kevin Clarke Mr. Ray Webb Mr. Alex Atkins Mr. Joe Cauchi

Chief Executive Officer Director – Sustainable Organisation Acting Director – Sustainable Environment Director – Sustainable Infrastructure Director – Sustainable Communities


MORNINGTON PENINSULA SHIRE COUNCIL

MINUTES OF THE SPECIAL COUNCIL MEETING

Held at the Municipal Offices, Queen Street, Mornington on Monday, 29 November, 2010 at 4:12 p.m.

I N D E X OPENING AND WELCOME ACKNOWLEDGEMENT OF TRADITIONAL LAND OWNERS “ In the spirit of respect, the Mornington Peninsula Shire acknowledges the

Boon wurrung/Bunurong, members of the Kulin Nation, who have traditional connections for the land on which Council meets.”

PRAYER “ 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.”

SECTION 1 – PROCEDURAL MATTERS 1.1 Apologies

1.2 Disclosure of Conflicts of Interest Pursuant to Section 79 of the Local Government Act 1989


I N D E X

(CONT’D)


SECTION 2 – MANAGEMENT REPORTS PAGE NO. 2.1 Coastal Reserve Maintenance Contribution (Niall Sheehy, Acting Manager – Statutory Planning) .................................................................. 2 2.2 Draft Tyabb Township Plan (Will Bartley, Strategic Planner – Projects) ................................................................................... 4 2.3 Mornington Peninsula Planning Scheme Amendment C130 – Update of Local Planning Policy Framework (Roz Franklin, Team Leader – Schemes and Systems Review) .................................................... 6 2.4 Mornington Peninsula Planning Scheme Amendment C150 – Land Subject to Inundation Overlay (Rosebud West, Boneo and Balnarring) (Russell Smith – Strategic Planner) ............................................................................................... 8 2.5 Amendment C100 – Modification of Environmental Significance Overlay 25: Port Phillip Coastal Policy (Allan Cowley, Manager – Strategic Planning) ............................................................................. 9 2.6 Foreshore Advisory Group Options (Allan Cowley, Manager – Strategic Planning) ........................................................................... 10 2.7 Sorrento Recreational Boating Precinct Plan (Rebecca Cohen, Strategic Planner – Coastal Planning) .............................................................. 13 2.8 Hendersons Road Special Charge Scheme, Bittern – Declaration of the Charge (Tom Burk, Project Manager – Infrastructure Strategy) .............................................................. 15 2.9 Request for Dispersal from Ward Discretionary Fund – Cr. Antonella Celi (Kevin Clarke, Director – Sustainable Organisation) .................................................................. 18 2.10 Updated Instrument of Delegation to Council Staff (Mark Howells, Team Leader – Governance) .............................................................................. 19 2.11 Procurement Policy, Councillors’ Acceptance and Declaration of Gifts Policy and Councillor Code of Conduct – Review and Update (Noel Buck, Manager – Governance and Corporate Support; and Jackie Thorne, Compliance Liaison Officer) ............................................................................... 20


I N D E X

(CONT’D)


SECTION 3 – COMMITTEE AND INFORMATION REPORTS

Nil. SECTION 4 – NOTICES OF MOTION

Nil.

SECTION 5 – COUNCILLORS AND DELEGATES REPORTS

Nil. SECTION 6 – URGENT BUSINESS

Nil. SECTION 7 – CONFIDENTIAL ITEMS PAGE NO. 7.1 Confidential Report Attachments are made available to the public via Council’s website at www.mornpen.vic.gov.au or are available for viewing at all Council Offices.

MINUTES OF THE SPECIALCOUNCIL MEETING OF THE MORNINGTON PENINSULA SHIRE COUNCIL HELD AT THE

MUNICIPAL OFFICES, QUEEN STREET, MORNINGTON ON MONDAY, 29 NOVEMBER, 2010 AT 4:12 P.M.

Mornington Peninsula Shire Council 1

Present Mayor, Cr. David Gibb (Chairman)

Cr. Lynn Bowden Cr. Antonella Celi Cr. Bev Colomb Cr. Leigh Eustace Deputy Mayor, Cr. Bill Goodrem Cr. Frank Martin Cr. Graham Pittock Cr. Tim Rodgers Cr. Anne Shaw Cr. Reade Smith Dr. Michael Kennedy OAM, Chief Executive Officer

Apologies Nil. Disclosure of Conflicts of Interest

Nil.

MINUTES OF THE SPECIAL COUNCIL MEETING HELD – MONDAY, 29 NOVEMBER, 2010


REPORT TO Special Council Meeting ITEM NO. 2.1 MEETING DATE Monday, 29 November, 2010

SUBJECT Coastal Reserve Maintenance Contribution

PREPARED BY Niall Sheehy, Acting Manager – Statutory Planning

AUTHORISED BY Director – Sustainable Environment

ATTACHMENT(S) YES

REPORT ATTACHMENT 1 ATTACHMENT 2 ATTACHMENT 3 – CONFIDENTIAL This attachment contains personal submitter details and is therefore not available for public viewing. RECOMMENDATION

1. That Council accepts the offer from the permit holder of $221,210, being 50% of the overall cost, for the implementation of a Vegetation Management Plan (not including fencing works or works associated with the internal vehicle access track within the reserve), as satisfying obligations of the permit holder under Condition 5d of Planning Permit P06/2879.

2. That Council also accepts the offer from the permit holder to pay 50% of the cost of the

erection of a 1.8 metre high PVC fence along the western boundaries (foreshore boundaries) of the coastal reserves and along the side boundaries of the reserves if additional fencing is required in these areas.

3. That Council also accepts the offer from the permit holder to pay 50% contribution

towards the total cost of constructing and maintaining the internal vehicle access track with the coastal reserves for a period of 10 years.

COUNCIL DECISION Moved: Cr. Eustace Seconded: Cr. Colomb

1. That the item be deferred until the completion of the Vegetation Management Plan and associated costs to implement be provided to Council.

2. That the costs associated with the internal vehicle access and ongoing maintenance

be provided to Council. 3. That a report on the appropriateness of the fencing proposed be provided to

Council.

www.mornpen.vic.gov.au/Files/Governance_Rep_and_Attach_2010/102911ca_rep_21.pdf

www.mornpen.vic.gov.au/Files/Governance_Rep_and_Attach_2010/102911ca_att_21_1.pdf


MINUTES OF THE SPECIAL COUNCIL MEETING HELD – MONDAY, 29 NOVEMBER, 2010 Coastal Reserve Maintenance Contribution ITEM NO. 2.1


COUNCIL DECISION (CONT’D)

Part B That any Council contribution be funded from the Natural Systems Team budget over a 10 year period and be subject to normal budget consideration processes. Part C A further report demonstrating compliance to a Vegetation Management Plan as detailed in Condition 14 of Planning Permit P06/2879, including appropriate land stability measures be provided to Council.

Carried




SUBJECT Draft Tyabb Township Plan

PREPARED BY Will Bartley, Strategic Planner – Projects

AUTHORISED BY Manager – Strategic Planning

ATTACHMENT(S) YES

REPORT ATTACHMENT 1 ATTACHMENT 2 RECOMMENDATION

That Council resolves to exhibit the Draft Plan (Attachment 2) for public comment and submission, for a period of at least six weeks, including via: • Notice on the Council Website; • Display in Council Offices and sites within Tyabb; • Notice in Local Newspapers; • Publication of a Summary Article in Peninsula-Wide; and • A public meeting with the local community.

COUNCIL DECISION Moved: Cr. Bowden Seconded: Cr. Smith

1. That Council resolves to exhibit the Draft Plan (Attachment 2) with the following amendment to the Actions on Page 18 of the Draft Plan, under Section 8.3 ‘Movement and Transport’:

• Point 4 to be amended to read: “Advocate with VicRoads for the development of

a district level Traffic Management Plan to identify alternative heavy vehicle routes, including via Coolart Road and Western Port Highway, to reduce freight movement through Tyabb.”

• Additional Point 5 to be added to read: “Acknowledge the tension between

maintaining the functionality of Frankston-Flinders Road for transport and protecting the amenity of the Tyabb township and its residential areas.”



www.mornpen.vic.gov.au/Files/Governance_Rep_and_Attach_2010/102911ca_att_22_2_small.pdf

MINUTES OF THE SPECIAL COUNCIL MEETING HELD – MONDAY, 29 NOVEMBER, 2010 Draft Tyabb Township Plan ITEM NO. 2.2


COUNCIL DECISION (CONT’D) 2. That Council resolves to exhibit the Draft Plan (Attachment 2, as amended) for

public comment and submission, for a period of at least six weeks, including via:

• Notice on the Council Website; • Display in Council Offices and sites within Tyabb; • Notice in Local Newspapers; • Publication of a Summary Article in Peninsula-Wide; and • A public meeting with the local community.

Part B That Council notes at this stage no probable or estimate of costs has been prepared. The preparation of a schedule of estimated costs will occur as part of the work towards the preparation of the implementation table and through future Budget processes (and clearly expressed in the exhibition document).

Carried




SUBJECT Mornington Peninsula Planning Scheme Amendment C130 – Update of Local Planning Policy Framework

PREPARED BY Roz Franklin, Team Leader – Schemes and Systems Review


ATTACHMENT(S) YES

REPORT ATTACHMENT 1 RECOMMENDATION

1. That Council rescinds its decision of 13 September, 2010 in relation to Mornington Peninsula Planning Scheme Amendment C130, as set down below, for the reason that, since the Council decision was made it has become outdated due to a revision of the State Planning Policy Framework introduced by an Amendment to all Planning Schemes in Victoria, being Amendment VC71.

2. That the Mornington Peninsula Shire Council requests the Minister for Planning, under Section 20(4) of the Planning and Environment Act 1987, exempt himself from all of the requirements of Sections 17, 18 and 19 and the Regulations, to prepare, adopt and approve an Amendment to the Mornington Peninsula Planning Scheme as shown in Attachment 1.

3. That the Mornington Peninsula Shire Council considers that the Proposed Amendment,

shown in Attachment 1, justifies Ministerial intervention under Section 20(4) of the Planning and Environment Act 1987 on the following grounds:

A. Criterion 2: … “The matter will give effect to an outcome where the issues have

been reasonably considered and the views of affected parties are known.” The relevant matters in this instance are the Council’s Community Plan that has been approved under the Local Government Act and the Victorian Coastal Strategy.

B. Criterion 4: … “The matter will raise issues of fairness or public interest, where:

• The mechanisms of the planning process have created a situation that is

unjust, unreasonably causes hardship or is clearly in error; and/or • The matter is unlikely to be reasonably resolved by the processes normally

available.”

4. If the Minister refuses to prepare a Section 20(4) Amendment, then the Amendment as shown in Attachment 1 should be prepared, without public exhibition, by way of other procedures with Council acting as the Planning Authority.



MINUTES OF THE SPECIAL COUNCIL MEETING HELD – MONDAY, 29 NOVEMBER, 2010 Mornington Peninsula Planning Scheme Amendment C130 – Update of Local Planning Policy Framework ITEM NO. 2.3


RECOMMENDATION (CONT’D) 5. That the Mornington Peninsula Shire Council requests that the Minister for Planning,

under Section 20(4) of the Planning and Environment Act 1987, exempt himself from all of the requirements of Sections 17, 18 and 19 and the Regulations, to prepare, adopt and approve an amendment to the Mornington Peninsula Planning Scheme as shown in Attachment 1.

6. If the Minister for Planning were to refuse to utilise his powers under Section 20(4) of

Planning and Environment Act 1987, to approve an Amendment to the Mornington Peninsula Planning Scheme, as shown in Attachment 1, then, that the Mornington Peninsula Shire Council make an application to the Minister for Planning for authorisation under Section 8A(3) of the Planning and Environment Act 1987 to prepare an Amendment to the Mornington Peninsula Planning Scheme generally as shown in Attachment 1.

COUNCIL DECISION Moved: Cr. Shaw Seconded: Cr. Goodrem That the recommendation be adopted.

Carried




SUBJECT Mornington Peninsula Planning Scheme Amendment C150 – Land Subject to Inundation Overlay (Rosebud West, Boneo and Balnarring)

PREPARED BY Russell Smith – Strategic Planner


ATTACHMENT(S) YES

REPORT ATTACHMENT 1 ATTACHMENT 2 ATTACHMENT 3 RECOMMENDATION

That Council supports the Manager – Strategic Planning, making a request to the Minister for Planning under Section 8A(3) of the Planning and Environment Act 1987, for authorisation to prepare an Amendment to the Mornington Peninsula Planning Scheme, generally as shown in Attachment 1.

COUNCIL DECISION Moved: Cr. Shaw Seconded: Cr. Martin That the recommendation be adopted.

Carried








SUBJECT Amendment C100 – Modification of Environmental Significance Overlay 25: Port Phillip Coastal Policy

PREPARED BY Allan Cowley, Manager – Strategic Planning


ATTACHMENT(S) YES


That Council determines to advise the Panel that it generally supports the proposed changes to Environmental Significance Overlay 25 as outlined in Attachment 1 to this report on the grounds that: 1. Some of the current provisions of Environmental Significance Overlay 25 are redundant

and/or should be updated. 2. The process to include an Incorporated Plan in the Planning Scheme provides a proper

opportunity for public submissions and Independent Review. 3. It is consistent with the principles of continuous improvement and cutting red tape to

remove the potential for unnecessary duplication of processes from the Planning Scheme and thereby reduce unnecessary delays.

COUNCIL DECISION Moved: Cr. Colomb Seconded: Cr. Eustace

That Council determines to advise the Panel that it abandons the amendment to Environmental Significance Overlay 25 as contained in the Mornington Peninsula Planning Scheme Amendment C100.

Carried






SUBJECT Foreshore Advisory Group Options

PREPARED BY Allan Cowley, Manager – Strategic Planning


ATTACHMENT(S) YES

REPORT ATTACHMENT 1 ATTACHMENT 2 RECOMMENDATION

1. That Council establishes Foreshore Advisory Groups for the Sorrento, Rye and Flinders areas.

2. That Council supports the proposed level of service to be provided in support of the

Foreshore Advisory Groups.

3. That Council supports the revised Terms of Reference for the Foreshore Advisory Group has set out in Attachment 2.

4. That Council indicates an intention to appoint to the Mount Eliza Foreshore Advisory

Group – Mr. Douglas McClary, for a three year term. 5. That Council indicates an intention to appoint to the Mornington Foreshore Advisory

Group – Mrs. Jan Oliver, Mr. Peter Deerson, Ms. Denise Hassett, Ms. Michelle Wagner and Mrs. Helen Lovett, for a three year term.

6. That Council indicates an intention to appoint to the Mount Martha Foreshore Advisory

Group – Mrs. Jill Linley, Mr. John Renowden, Mrs. Liz Barraclough, Mr. David Curtis, Mrs. Gillian Gordon and Mr. Tony Montgomery, for a three year term.

7. That Council indicates an intention to appoint to the Safety Beach Foreshore Advisory

Group – Mr. Graham Whittaker, Mr. Trevor Watts, Mr. Tom McCullough and Mrs. Roma McCullough, for a three year term.

8. That Council indicates an intention to appoint to the Rosebud Foreshore Advisory Group

– Mrs. Alison Doherty, Mr. Michael Hibbert, Mr. Kevin Sheaves, Mr. Peter Cass, Mrs. Pam Thompson and Mr. Len Warfe, for a three year term.

9. That Council indicates an intention to appoint to the Portsea Foreshore Advisory Group –

Mrs. Jill Hartley, Mr. Tom Griffith and Mr. John Fisher, for a three year term. 10. That Council indicates an intention to appoint to the Hasting Foreshore Advisory Group –

Mrs. Margaret Smart, Mr. Tony Hacking, Mrs. Annabel Richards and Mr. Kevin Baensch, for a three year term.




MINUTES OF THE SPECIAL COUNCIL MEETING HELD – MONDAY, 29 NOVEMBER, 2010 Foreshore Advisory Group Options ITEM NO. 2.6


COUNCIL DECISION Moved: Cr. Shaw Seconded: Cr. Colomb

1. That Council establishes Foreshore Advisory Groups for the Sorrento, Rye and Flinders areas.

2. That Council supports the proposed level of service to be provided in support of the

Foreshore Advisory Groups. That a relevant officer will attend (as appropriate) with a Strategic/Coastal Planner being present at at least two meetings per year, including the public meeting.

3. That Council supports the revised Terms of Reference (as amended) for the

Foreshore Advisory Group has set out in Attachment 2 and detailed as follows: • 3(i) In the event of the resignation or termination of appointment of any

member, or in the event of a shortfall in the membership of any Advisory Group, the Shire may arrange new appointments/reappointments as necessary, with or without an expressions of interest process.

• 4(j) The Advisory Group may determine whether a particular meeting, in

whole or part, is to be open to the public or not, and/or whether to invite specific persons to attend a meeting. However, The Advisory Group must hold at least one meeting per year which is open to the public to attend and where notice of the meeting is published in a local newspaper. Councillors may attend any Advisory Group meetings with observer status. The invitation to specific persons to attend a meeting must not be extended on an ongoing basis, except to Council officers as necessary, and guests must not participate in Advisory Group decisions.

• 5(e) Assistance in the preparation, typing, printing and circulation of agendas

and minutes as necessary.

• 6(a) The Advisory Group Secretary will be primarily responsible for the preparation of minutes from each Group meeting. Minutes should include attendees and apologies, a brief record of matters under discussion and any resolutions of the Advisory Group. Where the Advisory Group determines to make a recommendation for consideration to the Shire or to seek a grant or other funding, the number of members in support or opposed should be recorded unless the decision is unanimous.

4. That Council indicates an intention to appoint to the Mount Eliza Foreshore

Advisory Group – Mr. Douglas McClary, for a three year term. 5. That Council indicates an intention to appoint to the Mornington Foreshore

Advisory Group – Mrs. Jan Oliver, Mr. Peter Deerson, Ms. Denise Hassett, Ms. Michelle Wagner and Mrs. Helen Lovett, for a three year term.

6. That Council indicates an intention to appoint to the Mount Martha Foreshore

Advisory Group – Mrs. Jill Linley, Mr. John Renowden, Mrs. Liz Barraclough, Mr. David Curtis, Mrs. Gillian Gordon and Mr. Tony Montgomery, for a three year term.

MINUTES OF THE SPECIAL COUNCIL MEETING HELD – MONDAY, 29 NOVEMBER, 2010 Foreshore Advisory Group Options ITEM NO. 2.6


COUNCIL DECISION (CONT’D) 7. That Council indicates an intention to appoint to the Safety Beach Foreshore

Advisory Group – Mr. Graham Whittaker, Mr. Trevor Watts, Mr. Tom McCullough and Mrs. Roma McCullough, for a three year term.

8. That Council indicates an intention to appoint to the Rosebud Foreshore Advisory

Group – Mrs. Alison Doherty, Mr. Michael Hibbert, Mr. Kevin Sheaves, Mr. Peter Cass, Mrs. Pam Thompson and Mr. Len Warfe, for a three year term.

9. That Council indicates an intention to appoint to the Portsea Foreshore Advisory

Group – Mrs. Jill Hartley, Mr. Tom Griffith and Mr. John Fisher, for a three year term.

10. That Council indicates an intention to appoint to the Hasting Foreshore Advisory

Group – Mrs. Margaret Smart, Mr. Tony Hacking, Mrs. Annabel Richards and Mr. Kevin Baensch, for a three year term.

Carried



REPORT TO Special Council Meeting ITEM NO. 2.7

MEETING DATE Monday, 29 November, 2010

SUBJECT Sorrento Recreational Boating Precinct Plan

PREPARED BY Rebecca Cohen, Strategic Planner – Coastal Planning


ATTACHMENT(S) YES


That Council adopts the Sorrento Recreational Boating Precinct Plan, shown in Attachment 1 to this report, to guide future decision making on the improvements, grant applications and management arrangements for the Sorrento Boat Launching Facility.

COUNCIL DECISION Moved: Cr. Rodgers Seconded: Cr. Shaw

That Council adopts the Sorrento Recreational Boating Precinct Plan, shown in Attachment 1 to this report, to guide future decision making on the improvements, grant applications and management arrangements for the Sorrento Boat Launching Facility.

Part B That Council notes and seeks to include in the GHD document, the following: “When placing the Draft Plan on exhibition, Council noted that the Plan is a strategic planning document and must not be read as making any commitment to infrastructure funding. Infrastructure funding is determined through Council’s Capital Works assessment process. Council noted that significant Capital Works are listed as options for consideration. It is expected that if the Precinct Plan is adopted, the majority of funding for any Capital Works to be actioned will be sourced from the Boating Safety and Facilities Program of the State Government. In addition, Council determined to highlight that future discussion regarding the implementation of this report in full or in part will be subject to assessment of Shire wide priorities for recreational boating and related public infrastructure, including the provision of public toilet facilities, car parking and the like.” Part C That funding submissions be referred to appropriate authorities.



MINUTES OF THE SPECIAL COUNCIL MEETING HELD – MONDAY, 29 NOVEMBER, 2010 Sorrento Recreational Boating Precinct Plan ITEM NO. 2.7


COUNCIL DECISION (CONT’D)

Part D That the use, cost, implications and benefits of webcams be investigated at Sorrento and other high use boating facilities and the results reported to Council.

Carried





SUBJECT Hendersons Road Special Charge Scheme, Bittern – Declaration of the Charge

PREPARED BY Tom Burk, Project Manager – Infrastructure Strategy

AUTHORISED BY Manager – Infrastructure Strategy

ATTACHMENT(S) YES

REPORT ATTACHMENT 1 ATTACHMENT 2 – CONFIDENTIAL This attachment contains personal submitter details and is therefore not available for public viewing. ATTACHMENT 3 – CONFIDENTIAL This attachment contains personal submitter details and is therefore not available for public viewing. ATTACHMENT 4 – CONFIDENTIAL This attachment contains personal submitter details and is therefore not available for public viewing. RECOMMENDATION

1. That Council, after having resolved on 13 September, 2010 its Intention to Declare a Special Charge, for the purpose of defraying the cost of construction works in the Hendersons Road Special Charge Scheme, having given Notice of its Intention to Declare such a charge and after due consideration of submissions received, hereby resolves:

A. To declare the Special Charge without change or alteration, pursuant to Section

163 of the Local Government Act 1989 for the purpose of defraying the Scheme costs, being the cost of construction works and administrative costs of the Scheme known as the Hendersons Road Special Charge Scheme, Bittern; and

B. The land in relation to which Council considers a Special Benefit to the owners is

derived and which the Special Charge is declared, each property needing to and/or using this unmade section of Hendersons Road to gain access to their respective properties.

2. That the works are considered by Council to be in accordance with the function and

powers of Council in relation to roads and drainage and of Special Benefit to the owners of lands within the Hendersons Road Special Charge Scheme, for the following reasons:

A. The works will enhance the amenity of the land and the local area; and

B. The works will improve the safety of traffic and pedestrians.



MINUTES OF THE SPECIAL COUNCIL MEETING HELD – MONDAY, 29 NOVEMBER, 2010 Hendersons Road Special Charge Scheme, Bittern – Declaration of Charge ITEM NO. 2.8


RECOMMENDATION (CONT’D) 3. That Council specifies the following criteria for the adoption of the Special Charge:

A. That the Special Charge shall be levied in respect of each property described in the Apportionment Schedule (Attachment 1);

B. That the total cost of the works is $406,000.00 and the total amount of the Special

Charge to be levied is $101,500.00;

C. That the Charge shall be levied by apportioning that part of the Scheme that is to be recovered from the owners amongst the properties to made liable in accordance with the calculations appearing in the officer’s report to Council dated 13 September, 2010;

D. That the Special Charge to be adopted in respect of the properties described in

Apportionment Schedule to this resolution, is the amount set out next to each property listed in the Apportionment Schedule in Attachment 1;

E. That in accordance with provision of Section 163 of the Local Government Act

1989, notice be served upon all persons liable for the Special Charge, advising of Council’s decision and that a person aggrieved by Council’s imposition of the Special Charge may apply to the planning division of the Victorian Civil and Administrative Tribunal within one month of the notice for a review of the decision;

F. That the Special Charge remains in force for a period not exceeding 10 years and is

payable in full within 30 days of the service of a notice requiring payment;

G. That Council offers to enter into a agreement with each person to be made liable listed in the Apportionment Schedule, whereby such person may pay the charge by equal instalments, commencing on the date 30 days after the service of a notice requiring payment, with such instalments bearing interest at the rate as determined by Council from time to time; and

H. That the Chief Executive Officer be directed and authorised to demand payment of

and recover the Special Charge.

4. For the purposes of Section 223(1)(e) of the Local Government Act 1989, Council notes the following reasons for its decision:

A. That the works will be of Special Benefit to each person to be made liable for the

reasons set out in this resolution;

B. That each property included in the Scheme receives a Special Benefit from the works;

C. That the estimated cost and apportionment of the works is fair and reasonable;

D. That the standard of construction, in respect of which the amount is to be recovered

from the persons to be made liable, has been calculated with reference to works normally required for the construction of the said street in a local residential area; and

E. That all owners be notified of Council’s decision and the reason for the decision.

MINUTES OF THE SPECIAL COUNCIL MEETING HELD – MONDAY, 29 NOVEMBER, 2010 Hendersons Road Special Charge Scheme, Bittern – Declaration of Charge ITEM NO. 2.8


COUNCIL DECISION Moved: Cr. Smith Seconded: Cr. Goodrem That the recommendation be adopted.

Carried




SUBJECT Request for Dispersal from Ward Discretionary Fund – Cr. Antonella Celi

PREPARED BY Kevin Clarke, Director – Sustainable Organisation

AUTHORISED BY Chief Executive Officer

ATTACHMENT(S) NO

REPORT RECOMMENDATION

1. That Council agrees to the following dispersal from the ‘Ward Discretionary Fund’:

Amount: $2,000.00 Purpose: Purchase of a Sporting Equipment Voucher Benefiting Group: ‘Fight for Life’

2. That it be noted that Cr. Celi’s available allocation within the ‘Ward Discretionary Fund’

is now $8,000.00.

COUNCIL DECISION Moved: Cr. Celi Seconded: Cr. Goodrem

1. That Council agrees to the following dispersal from the ‘Ward Discretionary Fund’:

Amount: $2,000.00 Purpose: Purchase of a Sporting Equipment Voucher Benefiting Group: ‘Fight for Life’

2. That it be noted that a cheque is payable to the supplier of the goods. 3. That it be noted that Cr. Celi’s available allocation within the ‘Ward Discretionary

Fund’ is now $8,000.00.

Carried






SUBJECT Updated Instrument of Delegation to Council Staff

PREPARED BY Mark Howells, Team Leader – Governance

AUTHORISED BY Manager – Governance and Corporate Support

ATTACHMENT(S) YES


In the exercise of the powers conferred by Section 98(1) of the Local Government Act 1989 and the other legislation referred to in the attached Instrument of Delegation (Attachment 1), the Council resolves that:

1. There be delegated to the members of Council staff holding, acting in or performing the

duties of the offices or positions referred to in the attached Instrument of Delegation, the powers, duties and functions set out in that Instrument, subject to the conditions and limitations specified in that Instrument.

2. The Instrument of Delegation comes into force immediately that the Common Seal of

Council is affixed to the Instrument as attached. 3. On the coming into force of the Instrument, the previous Instrument of Delegation to

members of Council staff dated 9 August, 2010, is revoked. 4. The duties and functions set out in the Instrument must be performed and the powers set

out in the Instruments must be executed, in accordance with any guidelines or policies of Council that it may from time to time adopt.

5. That the Common Seal of the Mornington Peninsula Shire Council be affixed to the

Instrument of Delegation as attached. COUNCIL DECISION Moved: Cr. Goodrem Seconded: Cr. Shaw That the recommendation be adopted.

Carried







SUBJECT Procurement Policy, Councillors’ Acceptance and Declaration of Gifts Policy and Councillor Code of Conduct – Review and Update

PREPARED BY Noel Buck, Manager – Governance and Corporate Support; and Jackie Thorne, Compliance Liaison Officer


ATTACHMENT(S) YES

REPORT ATTACHMENT 1 ATTACHMENT 2 ATTACHMENT 3 RECOMMENDATION

1. That Council adopt the following amended draft documents:

• Procurement Policy (as attached – Attachment 1);

• Councillors’ Acceptance and Declaration of Gifts Policy (as attached – Attachment 2); and

• Councillor Code of Conduct 2010 (as attached – Attachment 3).

2. That all Councillors be signatories to the Councillor Code of Conduct 2010. COUNCIL DECISION Moved: Cr. Eustace Seconded: Cr. Bowden That the recommendation be adopted.

Carried







SECTION 3 – COMMITTEE AND INFORMATION REPORTS Nil. SECTION 4 – NOTICES OF MOTION

Nil. SECTION 5 – COUNCILLORS AND DELEGATES REPORTS

Nil. SECTION 6 – URGENT BUSINESS

Nil.



As there was no further business, the meeting closed at 6:18 p.m. CONFIRMED THIS 20TH DAY OF DECEMBER 2010

……………………………………………………. CHAIRPERSON AUTHORITY TO STAMP INITIALS ON MINUTES I, …………………………, Chairperson – Council hereby authorise the use of a stamp of my initials to initial each page of these Minutes of the Council Meeting held on Monday, 29 November, 2010, confirmed on 20 December, 2010 in accordance with the requirements of Clause 22(6) – Part 3 Meeting Procedure of the Mornington Peninsula Shire Council Local Law No. 1 (2005) – Council. …………………………………………………………………. (…………………………………, Chairperson – Council) Dated this day of 2010

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