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Minutes

 

OF ADjourned ordinary
COUNCIL MEETING

HELD ON

Tuesday 19 November 2019

AT 7.00PM

In Council Chamber, 25 Ferres Boulevard, South Morang


UNCONFIRMEDAdjourned Ordinary Council Minutes                                        Tuesday 19 November 2019

 

 

 

COUNCILLORS

 

EMILIA LISA STERJOVA               MAYOR, NORTH WARD

TOM JOSEPH                                  NORTH WARD

RICKY KIRKHAM                            NORTH WARD

ALAHNA DESIATO                         DEPUTY MAYOR, SOUTH EAST WARD

SAM ALESSI                                    SOUTH EAST WARD

NORM KELLY                                  SOUTH EAST WARD

MARY LALIOS                                 SOUTH EAST WARD

LAWRIE COX                                   SOUTH WEST WARD

STEVAN KOZMEVSKI                    SOUTH WEST WARD

CAZ MONTELEONE                       SOUTH WEST WARD

KRIS PAVLIDIS                               SOUTH WEST WARD


UNCONFIRMEDAdjourned Ordinary Council Minutes                                        Tuesday 19 November 2019

 

 

 

SENIOR OFFICERS

 

 

SIMON OVERLAND                          CHIEF EXECUTIVE OFFICER

RUSSELL HOPKINS                         DIRECTOR COMMUNITY SERVICES

HELEN SUI                                         DIRECTOR CITY TRANSPORT & PRESENTATION

AMY MONTALTI                                ACTING DIRECTOR CORPORATE SERVICES

JULIAN EDWARDS                           ACTING DIRECTOR PARTNERSHIPS, PLANNING & ENGAGEMENT

MICHAEL TONTA                              MANAGER GOVERNANCE

 


UNCONFIRMEDAdjourned Ordinary Council Minutes                                        Tuesday 19 November 2019

 

 

ORDER OF BUSINESS

 

The Chief Executive Officer submitted 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

6.            Officers’ Reports.. 9

6.1         Partnerships, Planning & Engagement. 9

6.1.6       Appointment of Councillor and Officer Representation on Organisations and Committees for 2019-20. 9

6.4         Corporate Services.. 37

6.4.1       Committee of Council recommendation - Part of Thomastown Primary School - Road Discontinuance.. 37

11.         Confidential Business. 43

11.5       Executive Services.. 46

11.5.1    Chief Executive Officer Employment Matters Advisory Committee (CEMAC) - annual review of chief executive officer for 2018-2019. 46

12.         Closure.. 46

 

 

Note:

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

 

 

 


UNCONFIRMEDAdjourned Ordinary Council Minutes                                        Tuesday 19 November 2019

 

1.         Opening

1.1       MEETING OPENING AND PRAYER

The Chief Executive Officer opened the meeting with a prayer at 7.00PM.

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 Emilia Lisa Sterjova        Mayor (North Ward)

Cr Ricky Kirkham                Councillor (North Ward)

Cr Alahna Desiato               Deputy Mayor (South East Ward)

Cr Sam Alessi                      Councillor (South East Ward)

Cr Norm Kelly                      Councillor (South East Ward)

Cr Mary Lalios                     Councillor (South East Ward)

Cr Lawrie Cox                     Councillor (South West Ward)

Cr Stevan Kozmevski          Councillor (South West Ward)

Cr Caz Monteleone             Councillor (South West Ward)

Cr Kris Pavlidis*                   Councillor (South West Ward)

 

*arrived to the meeting at 8.16PM

Officers:

Mr Simon Overland             Chief Executive Officer

Mr Russell Hopkins             Director Community Services

Ms Helen Sui                       Director City Transport & Presentation

Ms Amy Montalti                  Acting Director Corporate Services

Mr Julian Edwards               Acting Director Partnerships, Planning & Engagement

Mr Michael Tonta                 Manager Governance

 

 

 

 

 

 

 

 

2.         Apologies

Apology

Cr Kozmevski moved an apology for Cr Joseph for this meeting. 

Council Resolution

Moved:                       Cr Kozmevski

Seconded:               Cr Cox

 

THAT the Councillor's apology be received.

Carried UNANIMOUSLY

Apology

Cr Alessi moved an apology for Cr Pavlidis for this meeting.

Council resolution

Moved:                       Cr Alessi

Seconded:               Cr Kirkham

 

THAT the Councillor's apology be received.

CARRIED UNANIMOUSLY

 

3.         Declarations of Interest

NIL or select from the following options for type of interest and delete others:

Council Resolution

Moved:                       Cr Lalios

Seconded:               Cr Kirkham

 

THAT Council resolve to consider items 6.1.6 and 6.4.1 prior to closing the meeting to the public to deal with confidential items.

CarrieD UNANIMOUSLY


UNCONFIRMEDAdjourned Ordinary Council Minutes                                        Tuesday 19 November 2019

 

6.         Officers’ Reports

6.1       Partnerships, Planning & Engagement

6.1.6      Appointment of Councillor and Officer Representation on Organisations and Committees for 2019-20

Attachments:                        1        Organisations and Committees   

Responsible Officer:           Acting Director Partnerships, Planning & Engagement

Author:                                  Governance Officer   

 

RECOMMENDATION SUMMARY

THAT Council resolve to nominate Councillor Representatives and to confirm Officer representatives to organisations and committees listed in Attachment 1 commencing immediately and continuing until the general Council elections on 24 October 2020.

KEY FACTS AND / OR ISSUES

·    At the first Council meeting following the election of the Mayor each year, Council considers the appointment of Councillor representatives to internal committees and external bodies and committees that require or have requested Council representation.

·    Appointments commence immediately and continue until the Council Election on 24 October 2020.

 

 

Report

Introduction

This report sets out the details of the groups that require or have requested Council representation and notes any changes made since the last appointments in 2018.

Background

Councillor appointments to external groups are made for a number of reasons.  These appointments demonstrate Council’s interest and involvement in the organisations and allow Council to be involved in developing the organisation’s strategic direction.  In some instances, the constitution of some of these external bodies includes provision for Councillor membership.

Proposal

Nominations from interested Councillors are sought for representation on the organisations listed in Attachment 1.  Appointments will commence immediately and continue until the general Council elections on 24 October 2020.  New appointments will be made at the first Ordinary Council Meeting to be held following the elections which is 17 November 2020.

The list has been reviewed and updated and includes, where relevant, Council Officers who also attend meetings of these groups.

changes to committee memberships

Friends of South Morang (External)

Council resolved on 11 December 2018 to no longer appoint a delegate to this Committee.  This Committee has been removed from the table attached.

MAV – Municipal Association of Victoria (External)

Council resolved on 6 August 2019 to re-join the Association.

Northern Council’s Alliance

Please note this Committee was called the Melbourne Northern Metropolitan Mayor’s and CEO’s Forum.  At the September 2019 meeting of the Alliance, Mayors and CEOs of member councils were signatories to a Memorandum of Understanding (the Charter) outlining that membership of the Alliance is to comprise one appointed Councillor representative from each member Council, supported by the CEO from each member Council.  A substitute representative for the Councillor delegate may be appointed.  The Charter provides for voting rights.

Victorian Local Governance Association (VLGA)

Council resolved on 6 August 2019 to re-join the Association.

Visual Art

Council resolved on 2 July 2019 to amend the Terms of Reference so that membership include the Mayor of the Day and one other Councillor delegate.  This change has been reflected in the table attached.

Whittlesea Disability Network (WDN)

The Terms of Reference of this committee were amended at the WDN meeting of 10 September 2019 and the draft Terms of Reference were endorsed by the Network.

Whittlesea Youth Commitment Strategic Advisory Group

Please note this Committee was called the Whittlesea Youth Commitment Management Group and has now changed its name to Whittlesea Youth Commitment Strategic Advisory Group.

Financial Implications

There are no additional financial obligations.

Policy strategy and legislation

At Council’s meeting held 11 December 2012, Council resolved to make appointment to Committees and external bodies at the first Council meeting following the Statutory Council Meeting to elect the Mayor. 

link to strategic risks

Strategic Risk Not linked to the risks within the Strategic Risk Register.

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Connected community

Whittlesea 2040 Key Direction     A participating community

Strategic Objective                        Our voice is reflected through inclusive Council decision making processes

Council Priority                             Organisational Sustainability

Declarations of Conflicts of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.

The Responsible Officer reviewing this report, having made enquiries with the relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

Conclusion

Nominations from interested Councillors are sought for representation on the organisations listed in Attachment 1 commencing immediately and until the Council Election on 24 October 2020. 

 

RECOMMENDATION

THAT Council resolve to nominate Councillor Representatives and to confirm Officer representatives to organisations and committees listed in Attachment 1 commencing immediately and continuing until the general Council elections on 24 October 2020.

COUNCIL RESOLUtion

Moved:                       Cr Lalios

Seconded:               Cr Kirkham

 

THAT Council resolve to:

1.    Adopt as the process for appointing Councillor delegates to Organisations and Committees the following, which is consistent with Council’s longstanding past practice as follows:

a)    Where the number of nominees equals the number of vacancies, the nominee or nominees are declared duly appointed;

b)    Where the number of nominees exceeds the number of vacancies, Councillors will vote on each nominee by a show of hands and the nominee who receives a majority of the votes is declared duly appointed;

2.    Not record the names of nominees who are not appointed in the minutes;

3.    Not allow a Division on or the recording of opposition to a vote on an appointment.

CARRIED

Division

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

 

For

Cr Kirkham

Cr Kelly

Cr Lalios

Cr Monteleone

Cr Desiato

Cr Sterjova

Against

Cr Kozmevski

Cr Alessi

Cr Cox

Abstained

Nil

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

carried

Council Resolution

Moved:                       Cr Kirkham

Seconded:               Cr Kelly

 

THAT Council resolve to appoint Councillor Representatives as per the votes just taken and to confirm Officer representatives to organisations and committees listed in Attachment 1, including the addition of the Friends of South Morang Committee, commencing immediately and continuing until the general Council elections on 24 October 2020.

CARRIED

Division

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

 

For

Cr Kirkham

Cr Kelly

Cr Lalios

Cr Monteleone

Cr Desiato

Cr Sterjova

Against

Cr Kozmevski

Cr Alessi

Cr Cox

Abstained

Nil

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

carried




UNCONFIRMEDAdjourned Ordinary Council Minutes                                                                                                                                                                                                                                                                                                                                                                                           Tuesday 19 November 2019

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

 

 

 


 


 

 

 

 






 

                  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 



UNCONFIRMEDAdjourned Ordinary Council Minutes                                        Tuesday 19 November 2019

 

6.4       Corporate Services

6.4.1      Committee of Council recommendation - Part of Thomastown Primary School - Road Discontinuance

Attachments:                        1        Site Plan   

Responsible Officer:           Acting Director Corporate Services

Author:                                  Senior Property Officer   

 

RECOMMENDATION SUMMARY

1.   Note that Council officers have completed the statutory processes required under Sections 206 and 223 of the Local Government Act 1989, for the proposed discontinuance of the section of the road reserve (being approximately 737m2) which is exclusively occupied as part of the Thomastown Primary School.  

2.   Formally discontinue and transfer the section of road reserve to the Department of Education and Training (‘DET’) for the purposes of consolidation and enable a lease to be agreed with Council for the construction of a kindergarten and early years centre

KEY FACTS AND / OR ISSUES

·        Council, at its meeting held on 6 August 2019, formally resolved to invite public submissions on the proposed discontinuance of a section of the road reserve (being approximately 737m2) which is exclusively occupied as part of the Thomastown Primary School (10 Spring Street Thomastown).

·        Following the public submission advertising period, no submissions were received, and the Committee of Council were advised there was no requirement to meet.

·        Proceed with the proposed road discontinuance and transfer of land to the DET. The land has been valued at a price of $160,000 ($225/m2), however, an agreement has been reached (by both parties) that the land be gifted to the DET given their significant contributions to the establishment of a new kindergarten and early years centre at the Thomastown Primary school ($650,000).

·        Both parties have further agreed that a long lease be offered to Council (21 years with a 21 year further term) at a nominal annual rental of $1 per annum (if demanded).

 

Report

Background

Council, at its meeting held on 6 August 2019, formally resolved to invite public submissions on the proposed discontinuance of a section of the road reserve (being approximately 737m2) which is exclusively occupied as part of the Thomastown Primary School.

The land has been valued at a price of $160,000 ($225/m2), however, an agreement has been reached (by both parties) that the land be gifted to the DET given their significant contributions to the establishment of a new kindergarten and early years centre ($650,000) and willingness to offer a lease beyond 15 years. The land will be offered under a long lease to Council (21 years with a 21 year further term) at a nominal annual rental of $1 per annum (if demanded).

The new Thomastown Primary School Kindergarten will consist of two 33 place kindergarten rooms, associated support spaces, an entrance/gathering foyer, a community external play space and a multipurpose consult room on the school site. The service will operate both three and four-year-old sessional kindergarten programs. Council will appoint the preferred service provider to operate the facility once constructed.

Tenders for the construction contract (2019-85) closed on 18 September 2019 and noted total construction costs at $3,754,300 (excluding GST).  The tendered prices and a summary of the evaluation are detailed within a subsequent report being presented at Council’s meeting held on 12 November 2019.

This project is being delivered as part of Council’s endorsed Established Areas Infrastructure Plan (EAIP) which identified the need for additional kindergarten facilities to meet forecast demand in the Thomastown precinct by 2021. 

Proposal

To seek Council’s final recommendation in consideration of the public submissions received (none) in response to the proposed discontinuance of the section of the road reserve (being approximately 737m2) which is exclusively occupied as part of the Thomastown Primary School.

The discontinuance and proposed sale/transfer will formalise the ownership of the road with the Department Education & Training and enable a lease to be agreed with Council for the construction of a new kindergarten and early years centre within the Thomastown Primary School (10 Spring Street Thomastown).

Financial Implications

The land has been valued at a price of $160,000 ($225/m2), however, an agreement has been reached (by both parties) that the land be gifted to the DET given their significant contributions to the establishment of a new kindergarten and early years centre ($650,000) and willingness to offer a lease beyond 15 years. The land will be offered under a long lease to Council (21 years with a 21 year further term) at a nominal annual rental of $1 per annum (if demanded).

Tenders for the construction contract (2019-85) closed on 18 September 2019 and noted total construction costs at $3,754,300 (excluding GST). 

Policy strategy and legislation

Council has sought public submissions on the proposed discontinuance under Section 206 and 223 of the Local Government Act 1989.  Submissions were invited for a period of no less than 28 days and referred on to an appointed Committee of Council for consideration.  The appointed Committee has been advised that no submissions were received.

 

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Liveable neighbourhoods

Whittlesea 2040 Key Direction     Well-designed neighbourhoods and vibrant town centres

Strategic Objective                        The built environment in our community is universally accessible

Council Priority                             Planning and Infrastructure

 

Declarations of Conflicts of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.

The Responsible Officer reviewing this report, having made enquiries with the relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

Conclusion

Discontinuation of the subject section of road reserve and its transfer to the Department of Education and Training will enable the construction of a new kindergarten and early years centre.  Council’s endorsed Established Areas Infrastructure Plan (EAIP), identified the need for additional kindergarten facilities to meet forecast demand in the Thomastown precinct by 2021. 

 

RECOMMENDATION

THAT Council resolve to:

1.       Note that Council have completed the statutory processes required under Sections 206 and 223 of the Local Government Act 1989 and that no submissions were received at the close of the public submission period.

2.       Formally discontinue and transfer the section of road reserve which is exclusively occupied as part of the Thomastown Primary School. The land (being approximately 737m2) will be transferred to the Department of Education and Training (at a nominal cost) for the purposes of consolidation within the existing school boundaries. Once transferred, both parties will enter into a new peppercorn lease (42 years) for the purposes of constructing a new kindergarten and early years centre.

3.       Authorise the Chief Executive Officer to sign all documentation, including the land transfer.


Cr Desiato left the Council Chamber at 7.46pm prior to the vote on this item.


 

Council Resolution

Moved:                       Cr Cox

Seconded:               Cr Kozmevski

 

THAT Council resolve to adopt the Recommendation.

Carried UNANIMOUSLY

 


UNCONFIRMEDAdjourned Ordinary Council Minutes                                        Tuesday 19 November 2019

 

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UNCONFIRMEDAdjourned Ordinary Council Minutes                                        Tuesday 19 November 2019

 

 

9.       URGENT BUSINESS

9.1       Casa D'Abruzzo Partnership

Cr Lalios sought leave of the Council to admit an item of urgent business relating to the Casa D’Abruzzo Partnership.


Cr Desiato was not present in the Council Chamber for the vote to admit the item as an item of urgent business.


Council Resolution

Moved:                       Cr Lalios

Seconded:               Cr Kirkham

 

THAT Council resolve this matter be dealt with as an item of Urgent Business.

Carried

MOtion

Moved:                       Cr Lalios

Seconded:               Cr Kirkham

 

THAT Council resolve to hold no further discussions with the Case D’Abruzzo Club relating to the proposed partnership with Council to construct an indoor sports stadium on land owned by the Club.


Cr Desiato returned to the Council Chamber at 7.57pm following the vote to admit the item as an item of urgent business.



Cr Desiato left the Council Chamber at 8.13 pm prior to the vote on the extension of speaking time for Cr Alessi.


 

EXTENSIOn OF SPEAKING TIME

Moved:                       Cr Cox

Seconded:               Cr Kozmevski

 

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

CARRIED

 

 


Cr Pavlidis entered the Council Chamber for the first time at 8.16pm following the vote on the extension of speaking time for Cr Alessi.



Cr Pavlidis left the Council Chamber at 8.20pm prior to the vote on the extension of speaking time for Cr Kirkham.


EXTENSion OF SPEAKING TIME

Moved:                       Cr Kelly

Seconded:               Cr Monteleone

 

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

CARRIED


Cr Pavlidis and Cr Desiato returned to the Council Chamber at 8.24pm prior to the vote on this item.


Council resolution

Moved:                       Cr Lalios

Seconded:               Cr Kirkham

 

THAT Council resolve to hold no further discussions with the Case D’Abruzzo Club relating to the proposed partnership with Council to construct an indoor sports stadium on land owned by the Club.

CARRIED

Division

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

 

For

Cr Kirkham

Cr Kelly

Cr Lalios

Cr Monteleone

Cr Desiato

Cr Sterjova

Against

Cr Kozmevski

Cr Alessi

Cr Cox

Abstained

Cr Pavlidis

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

carried

 

9.2       Publication of Mayoral Speeches To The CIty of Whittlesea Website

Cr Lalios sought leave of the Council to admit an item of urgent business relating to the publication of incoming Mayoral Speeches to the City of Whittlesea website.

Council resolution

Moved:                       Cr Lalios

Seconded:               Cr Kirkham

 

THAT Council resolve this matter be dealt with as an item of Urgent Business.

Carried

Council Resolution

Moved:                       Cr Lalios

Seconded:               Cr Kirkham

 

THAT Council resolve to publish the audio and written incoming Mayoral Speech from the 7 November 2019 Statutory Meeting and future incoming Mayoral Speeches on to the City of Whittlesea website.

CARRIED

Division

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

 

For

Cr Kirkham

Cr Kelly

Cr Lalios

Cr Monteleone

Cr Desiato

Cr Sterjova

Against

Nil

Abstained

Cr Pavlidis

Cr Kozmevski

Cr Alessi

Cr Cox

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

carried

 

 

 

 

 


11.5.1  Confidential Business

11.5     Executive Services

11.5.1  Chief Executive Officer Employment Matters Advisory Committee (CEMAC) - annual review of chief executive officer for 2018-2019 1

Recommendation

THAT Council resolve to close the meeting to members of the public for the purpose of considering details relating to the confidential matters above in accordance with Section 89(2) of the Local Government Act 1989 as follows:

5.1.1    Chief Executive Officer Employment Matters Advisory Committee (CEMAC) - annual review of chief executive officer for 2018-2019

Confidential in accordance with Section 89(2)(a),(h) of the Local Government Act 1989.

 

ACCORDINGLY, THE MEETING WAS CLOSED TO THE PUBLIC AT 8.31PM.

THE MEETING WAS RE-OPENED TO THE PUBLIC AT TO BE CONFIRMED.

12.       Closure

DELETE THE CLOSURE TEXT NOT REQUIRED

THERE BEING NO FURTHER BUSINESS THE MAYOR DECLARED THE MEETING CLOSED AT TO BE CONFIRMED.

 

CONFIRMED THIS 10th DAY OF DECEMBER 2019

 

 

 

________________________

CR EMILIA LISA STERJOVA

MAYOR