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Minutes

 

OF Special
COUNCIL MEETING

HELD ON

Tuesday 8 May 2018

AT 6.30pm

In Council Chamber, 25 Ferres Boulevard, South Morang


UNCONFIRMED Special Council Minutes                                                                          Tuesday 8 May 2018

 

 

 

COUNCILLORS

 

KRIS PAVLIDIS                               MAYOR, SOUTH WEST WARD

LAWRIE COX                                   SOUTH WEST WARD

STEVAN KOZMEVSKI                   SOUTH WEST WARD

CAZ MONTELEONE                       SOUTH WEST WARD

EMILIA LISA STERJOVA               DEPUTY MAYOR, NORTH WARD

TOM JOSEPH                                  NORTH WARD

RICKY KIRKHAM                            NORTH WARD

SAM ALESSI                                    SOUTH EAST WARD

ALAHNA DESIATO                         SOUTH EAST WARD

NORM KELLY                                  SOUTH EAST WARD

MARY LALIOS                                 SOUTH EAST WARD


UNCONFIRMED Special Council Minutes                                                                          Tuesday 8 May 2018

 

 

 

SENIOR OFFICERS

 

 

SIMON OVERLAND                          CHIEF EXECUTIVE OFFICER

RUSSELL HOPKINS                         DIRECTOR COMMUNITY SERVICES

STEVE O’BRIEN                                DIRECTOR PLANNING AND MAJOR PROJECTS

NICK MANN                                       DIRECTOR CITY TRANSPORT & PRESENTATION

HELEN SUI                                        DIRECTOR CORPORATE SERVICES

LIANA THOMPSON                          DIRECTOR PARTNERSHIPS & ENGAGEMENT

MICHAEL TONTA                              MANAGER GOVERNANCE

 


UNCONFIRMED Special Council Minutes                                                                          Tuesday 8 May 2018

 

 

ORDER OF BUSINESS

 

The Chief Executive Officer submits the following business:

 

1.            Opening.. 7

1.1         MEETING OPENING AND PRAYER.. 7

1.2         ACKNOWLEDGMENT OF TRADITIONAL OWNERS STATEMENT.. 7

1.3         Present.. 7

2.            Apologies.. 8

3.            Declarations of Interest.. 8

4.            REPORT.. 9

4.1           Request Appointment of a Muncipal Monitor.. 9

5.            Closure.. 19

 

 

Note:

In these Minutes, Resolutions adopted by Council are indicated in bold text.

 

 

 


UNCONFIRMED Special Council Minutes                                                                          Tuesday 8 May 2018

 

1.         Opening

1.1       MEETING OPENING AND PRAYER

The Chief Executive Officer opened the meeting with a prayer at 6.30pm.

1.2       ACKNOWLEDGMENT OF TRADITIONAL OWNERS STATEMENT

On behalf of the City of Whittlesea the Mayor recognised the rich Aboriginal heritage of this country and acknowledged the Wurundjeri Willam Clan as the Traditional Owners of this place.

 

1.3       Present

Members:

Cr Kris Pavlidis                    Mayor (South West Ward)

Cr Lawrie Cox                     Councillor (South West Ward)

Cr Stevan Kozmevski         Councillor (South West Ward)

Cr Caz Monteleone             Councillor (South West Ward)

Cr Emilia Lisa Sterjova        Deputy Mayor (North Ward)

Cr Tom Joseph                    Councillor (North Ward)

Cr Ricky Kirkham                Councillor (North Ward)

Cr Norm Kelly                      Councillor (South East Ward)

Cr Sam Alessi                      Councillor (South East Ward)

Cr Alahna Desiato               Councillor (South East Ward)

 

Officers:

Mr Simon Overland             Chief Executive Officer

Mr Steve O'Brien                 Director Planning and Major Projects

Mr Russell Hopkins             Director Community Services

Mr Nick Mann                      Director City Transport & Presentation

Ms Helen Sui                       Director Corporate Services

Ms Liana Thompson            Director Partnerships & Engagement

Mr Michael Tonta                Manager Governance


 

2.         Apologies

         

Apology

An apology was received on behalf of Councillor Lalios for this meeting.

Council Resolution

Moved:                       Cr Kelly

Seconded:               Cr Kirkham

 

THAT Councillor Lalios’ apology be accepted.

Carried

 

Division

Immediately after the motion was voted on, Cr Kirkham called for a division which resulted in the following votes being recorded.

 

For

Cr Pavlidis

Cr Kozmevski

Cr Kirkham

Cr Alessi

Cr Kelly

Cr Monteleone

Cr Desiato

Cr Sterjova

Cr Joseph

Against

Nil

Abstained

Cr Cox

Based on the votes cast during the Division, the motion was carried.

carried

 

3.         Declarations of Interest

NIL


UNCONFIRMED Special Council Minutes                                                                          Tuesday 8 May 2018

 

4.         REPORT

4.1       Request Appointment of a Muncipal Monitor

Author:                                  Cr Alahna Desiato, Cr Ricky Kirkham and Cr Monteleone

 

Councillors Desiato, Kirkham and Monteleone have given notice under section 84(1) of the Local Government Act 1989 that a Special Meeting of Council has been called for 6:30pm on Tuesday 8 May 2018 to consider an item of business relating to a request to appoint a municipal monitor.

PREAMBLE

A Municipal Monitor is requested to assist Whittlesea City Council over the coming 18 months in improving governance and transparency.

Recent media reporting of Council’s performance undermines public confidence in our ability to effectively govern.

As a growing municipality, Whittlesea City Council, Councillors and Staff must focus on meeting the strategic challenges facing our community in the short and long term.

The leadership provided by Council must be inclusive and respectful of the principles of democracy – whilst promoting an environment where a range of views are respected and tolerated.

Councillors must work collectively in shaping decisions that restore our reputation as a policy and strategic leader in the local government sector.

Without the appointment of a Municipal Monitor, Whittlesea City Council is at risk of becoming increasingly dysfunctional and unworkable.

 

MOtion

THAT Council resolve to request the Minister for Local Government to appoint a Municipal Monitor for a period of 18 months.

The Monitor is requested to review and report on the following areas:

a)   Council governance processes and practices; and

b)   Provide advice to Whittlesea City Council about governance improvements Council should make.

MOTION

Moved:                       Cr Monteleone

Seconded:               Cr Kirkham

 

THAT Council resolve to request the Minister for Local Government to appoint a Municipal Monitor for a period of 18 months.

The Monitor is requested to review and report on the following areas:

a)    Council governance processes and practices; and

 

b)    Provide advice to Whittlesea City Council about governance improvements Council should make.

Amendment

Moved:                       Cr Cox

Seconded:               Cr Alessi

 

THAT Council resolve to amend the motion as follows:

Insert a new Section 1 as follows;

1.    Note the following:

a)            Despite several procedural resolutions in attempt to delay implementation of council operations council business has progressed normally;

b)            Despite the unruly behavioural changes that have occurred since the 2017 Mayoral election, Council has been able to implement policies and decisions;

c)            These include and are not limited to proposed changes to Procedural Matters Local Law which is currently out for public comment;

d)            The 2018/19 Budget and the Council Action Plan also out for public input;

e)            A Council retreat to improve Councillor relationships and behaviours;

f)             A number of ejections from Council meetings following refusal to withdraw comments or failure to adhere to direction from the chair;

g)            A number of failures to adhere to Code of Conduct;

h)            Recent introduction of new Council/staff protocol following allegations of inappropriate councillor behaviour;

i)             Use of media statements to portray Council as non-operational;

j)             The failure of Councillors to attend meetings on 12 December 2017 and 1 May 2018 despite being appropriately summonsed in accord with the Local Government Act.

Insert a new section 2a to modify the time period so that the section would read:

2.    a)                   Request the Minister for Local Government to appoint a Municipal Monitor             for a period of 6 months.

Insert a new section 2b to read as follows;

2.    b)          The Monitor, if appointed, is requested to review and report on the                           following areas:

Insert a new sub section to point (2b) which incorporate points (a) and (b) of the original motion as follows;

                       i.       Council governance processes and practices. Noting the constant interjections under Point of Order to continue debating;

                      ii.       The failure of individual Councillors to follow direction from the chair;

                    iii.       The failure to withdraw inappropriate comments when directed by the chair;

                    iv.       Review the outcomes and application of the principles from the Council retreat related to meeting procedures and behaviours; and

                     v.       Provide appropriate advice to Whittlesea City Council about governance improvements that can be made.

After the above amendments are incorporated, the amended motion reads as follows;

AMENDED MOTION

THAT Council resolve to:

1.    Note the following:

a)       Despite several procedural resolutions in attempt to delay implementation of council operations council business has progressed normally;

b)       Despite the unruly behavioural changes that have occurred since the 2017 Mayoral election, Council has been able to implement policies and decisions;

c)       These include and are not limited to proposed changes to Procedural Matters Local Law which is currently out for public comment;

d)       The 2018/19 Budget and the Council Action Plan also out for public input;

e)       A Council retreat to improve Councillor relationships and behaviours;

f)        A number of ejections from Council meetings following refusal to withdraw comments or failure to adhere to direction from the chair;

g)       A number of failures to adhere to Code of Conduct;

h)       Recent introduction of new Council/staff protocol following allegations of inappropriate councillor behaviour;

i)         Use of media statements to portray Council as non-operational;

j)         The failure of Councillors to attend meetings on 12 December 2017 and 1 May 2018 despite being appropriately summonsed in accord with the Local Government Act.

2.    a)         Request the Minister for Local Government to appoint a Municipal Monitor for a period of 6 months.

       b)         The Monitor, if appointed, is requested to review and report on the following areas:

i)     Council governance processes and practices. Noting the constant interjections under Point of Order to continue debating;

ii)    The failure of individual Councillors to follow direction from the chair;

iii)   The failure to withdraw inappropriate comments when directed by the chair;

iv)  Review the outcomes and application of the principles from the Council retreat related to meeting procedures and behaviours; and

v)    Provide appropriate advice to Whittlesea City Council about governance improvements that can be made.

EXTENsION OF SPEAKING TIME

Moved:                       Cr Sterjova

Seconded:               Cr Kirkham

 

THAT Council resolve to extend the speaking time for Cr Cox for a further two minutes.

CARRIED

EXTENsION OF SPEAKING TIME

Moved:                       Cr Kelly

Seconded:               Cr Desiato

 

THAT Council resolve to extend the speaking time for Cr Kirkham for a further two minutes.

CARRIED

EXTENsION OF SPEAKING TIME

Moved:                       Cr Kirkham

Seconded:               Cr Desiato

 

THAT Council resolve to extend the speaking time for Cr Kelly for a further two minutes.

CARRIED

extension of speaking time

Moved:                       Cr Cox

Seconded:               Cr Kozmevski

 

THAT Council resolve to extend the speaking time for Cr Alessi for a further two minutes.

CARRIED

VOTE ON Amendment

Moved:                       Cr Cox

Seconded:               Cr Alessi

THAT Council resolve to amend the motion as follows:

1.    Note the following:

a)            Despite several procedural resolutions in attempt to delay implementation of council operations council business has progressed normally;

b)            Despite the unruly behavioural changes that have occurred since the 2017 Mayoral election, Council has been able to implement policies and decisions;

c)            These include and are not limited to proposed changes to Procedural Matters Local Law which is currently out for public comment;

d)            The 2018/19 Budget and the Council Action Plan also out for public input;

e)            A Council retreat to improve Councillor relationships and behaviours;

f)             A number of ejections from Council meetings following refusal to withdraw comments or failure to adhere to direction from the chair;

g)            A number of failures to adhere to Code of Conduct;

h)            Recent introduction of new Council/staff protocol following allegations of inappropriate councillor behaviour;

i)             Use of media statements to portray Council as non-operational;

j)             The failure of Councillors to attend meetings on 12 December 2017 and 1 May 2018 despite being appropriately summonsed in accord with the Local Government Act.

2.    a)         Request the Minister for Local Government to appoint a Municipal Monitor for a period of 6 months.

       b)         The Monitor, if appointed, is requested to review and report on the following areas:

                              i.        Council governance processes and practices. Noting the constant interjections under Point of Order to continue debating;

                            ii.        The failure of individual Councillors to follow direction from the chair;

                           iii.        The failure to withdraw inappropriate comments when directed by the chair;

                           iv.        Review the outcomes and application of the principles from the Council retreat related to meeting procedures and behaviours; and

                            v.        Provide appropriate advice to Whittlesea City Council about governance improvements that can be made.

The amendment was put and carried and became the substantive motion.

carried

Division

Immediately after the substantive motion was voted on, Cr Kirkham called for a division which resulted in the following votes being recorded.

 

For

Cr Pavlidis

Cr Kozmevski

Cr Alessi

Cr Cox

Cr Sterjova

Cr Joseph

Against

Cr Kirkham

Cr Kelly

Cr Monteleone

Cr Desiato

Abstained

Nil

Based on the votes cast during the Division, the substantive motion was carried.

carried

FURTHER AMENDMENT

Moved:                       Cr Kelly

Seconded:               Cr Kirkham

 

THAT Council resolve to include the following to part 1 of the substantive motion;

k)    Inconsistencies in the Mayor’s chairing and rulings

l)     Processes surrounding the assurance audit in relation to the departure of the previous Chief Executive Officer (CEO) Michael Wootten.

m)  Inconsistencies and inaccuracies of Council Minutes since November 2017

n)    Closure of the 6 February 2018 Council Meeting

o)    Abuse of power by the chairperson in exercising her legislative and local law meeting procedure.

p)    To review the Monitors finding at the end of the six month term.

EXTENsION OF SPEAKING TIME

Moved:                       Cr Kirkham

Seconded:               Cr Monteleone

 

THAT Council resolve to extend the speaking time for Cr Kirkham for a further two minutes.

LOST

EXTENsION OF SPEAKING TIME

Moved:                       Cr Cox

Seconded:               Cr Sterjova

 

THAT Council resolve to extend the speaking time for Cr Alessi for a further two minutes.

CARRIED

VOTE ON FURTHER amendment

Moved:                       Cr Kelly

Seconded:               Cr Kirkham

 

THAT Council resolve to include the following to the substantive motion;

k)    Inconsistencies in the Mayor’s chairing and rulings

l)     Processes surrounding the assurance audit in relation to the departure of the previous Chief Executive Officer (CEO) Michael Wootten.

m)  Inconsistencies and inaccuracies of Council Minutes since November 2017

n)    Closure of the 6 February 2018 Council Meeting

o)    Abuse of power by the chairperson in exercising her legislative and local law meeting procedure.

p)    To review the Monitors finding at the end of the six month term.

LOST

Division

Immediately after the further amendment was voted on, Cr Kirkham called for a division which resulted in the following votes being recorded.

 

For

Cr Kirkham

Cr Kelly

Cr Monteleone

Cr Desiato

Against

Cr Pavlidis

Cr Kozmevski

Cr Alessi

Cr Cox

Cr Sterjova

Cr Joseph

Abstained

Nil

Based on the votes cast during the Division, the further amendment was lost.

lost

EXTENsION OF SPEAKING TIME

Moved:                       Cr Kirkham

Seconded:               Cr Sterjova

 

THAT Council resolve to extend the speaking time for Cr Desiato for a further two minutes.

CARRIED

 

 

 

exTENsION OF SPEAKING TIME

Moved:                       Cr Joseph

Seconded:               Cr Cox

 

THAT Council resolve to extend the speaking time for Cr Alessi for a further two minutes.

CARRIED

EXTENsION OF SPEAKING TIME

Moved:                       Cr Sterjova

Seconded:               Cr Alessi

 

THAT Council resolve to extend the speaking time for Cr Cox for a further two minutes.

CARRIED

EXTENsION OF SPEAKING TIME

Moved:                       Cr Kirkham

Seconded:               Cr Monteleone

 

THAT Council resolve to extend the speaking time for Cr Kirkham for a further two minutes.

LOST

Division

Immediately after the motion for an extension of speaking time was voted on, Cr Kirkham called for a division which resulted in the following votes being recorded.

 

For

Cr Kirkham

Cr Kelly

Cr Monteleone

Cr Desiato

Against

Nil

Abstained

Cr Pavlidis

Cr Kozmevski

Cr Alessi

Cr Cox

Cr Sterjova

Cr Joseph

Based on the votes cast during the Division, the motion was lost.

LOST

 

 

COUNCIL RESOLUTION

Moved:                       Cr Monteleone

Seconded:               Cr Kirkham

 

THAT Council resolve to:

1.    Note the following:

a)            Despite several procedural resolutions in attempt to delay implementation of council operations council business has progressed normally;

b)            Despite the unruly behavioural changes that have occurred since the 2017 Mayoral election, Council has been able to implement policies and decisions;

c)            These include and are not limited to proposed changes to Procedural Matters Local Law which is currently out for public comment;

d)            The 2018/19 Budget and the Council Action Plan also out for public input;

e)            A Council retreat to improve Councillor relationships and behaviours;

f)             A number of ejections from Council meetings following refusal to withdraw comments or failure to adhere to direction from the chair;

g)            A number of failures to adhere to Code of Conduct;

h)            Recent introduction of new Council/staff protocol following allegations of inappropriate councillor behaviour;

i)             Use of media statements to portray Council as non-operational;

j)             The failure of Councillors to attend meetings on 12 December 2017 and 1 May 2018 despite being appropriately summonsed in accord with the Local Government Act.

2.    a)         Request the Minister for Local Government to appoint a Municipal Monitor for a period of 6 months.

       b)         The Monitor, if appointed, is requested to review and report on the following areas:

i)             Council governance processes and practices. Noting the constant interjections under Point of Order to continue debating;

ii)            The failure of individual Councillors to follow direction from the chair;

iii)          The failure to withdraw inappropriate comments when directed by the chair;

iv)          Review the outcomes and application of the principles from the Council retreat related to meeting procedures and behaviours; and

v)           Provide appropriate advice to Whittlesea City Council about governance improvements that can be made.

 

The substantive motion was put and carried.

CARRIED

Division

Immediately after the motion was voted on, Cr Kirkham called for a division which resulted in the following votes being recorded.

 

For

Cr Pavlidis

Cr Kozmevski

Cr Alessi

Cr Cox

Cr Sterjova

Cr Joseph

Against

Cr Kirkham

Cr Kelly

Cr Monteleone

Cr Desiato

Abstained

Nil

Based on the votes cast during the Division, the motion was carried.

carried


 

 5.        Closure

THERE BEING NO FURTHER BUSINESS THE MAYOR DECLARED THE MEETING CLOSED AT 8.33PM

 

CONFIRMED THIS 5 JUNE 2018

 

 

 

________________________

CR KRIS PAVLIDIS

MAYOR