CO 20201208 MIN 2455

MINUTES

COUNCIL MEETING

TUESDAY, 8 DECEMBER 2020

7.00PM

PENINSULA COMMUNITY THEATRE 91 WILSONS ROAD, MORNINGTON

Council Meeting Minutes 8 December 2020

Mornington Peninsula Shire Council 2

MORNINGTON PENINSULA SHIRE COUNCIL

WARDS AND COUNCILLORS

Briars Cr Steve Holland Cr Anthony Marsh Cr Despi O’Connor

Cerberus Cr Lisa Dixon

Nepean Cr Hugh Fraser Cr Sarah Race

Red Hill Cr David Gill

Seawinds Cr Antonella Celi Cr Kerri McCafferty Cr Debra Mar

Watson Cr Paul Mercurio

SENIOR LEADERSHIP TEAM

Mr John Baker Ms Pauline Gordon Mr Mark Brady Ms Jessica Wingad Mr David Bergin

Chief Executive Officer Director – Communities Director – Corporate Services Interim Director – Place Director – Planning and Building

RECORDING

Please note that a recording of this Council Meeting has been made and is available on the Shire’s website.



TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

1 OPENING AND WELCOME ...................................................................................... 5

1.1. Acknowledgement of Country ................................................................... 5

1.2 Prayer .......................................................................................................... 5

2 PROCEDURAL MATTERS ........................................................................................ 6

2.1 Apologies .................................................................................................... 6

2.2 Disclosure of Conflicts of Interest Pursuant to Sections 126 – 131 of the Local Government Act 2020 .......................................... 6

2.3 Confirmation of Minutes ............................................................................ 6

2.4 Assembly of Councillors ........................................................................... 7

2.5 Councillor Briefing Sessions .................................................................... 8

2.6 Council Decision Register ....................................................................... 10

2.7 Petitions and Joint Letters ...................................................................... 11

2.8 Public Question Time ............................................................................... 12

3 MANAGEMENT REPORTS ..................................................................................... 13

3.1 2019/2020 Annual Report ......................................................................... 13

3.2 Tender CN2511 – R2R Reconstruction of Bentons Road, Moorooduc ................................................................................................ 16

3.3 Update of Public Consultation for Blacks Camp, Somerville ................................................................................................. 20

3.4 Hastings Activity Centre Special Charge Scheme (Promotional Fund) - Declaration ............................................................ 25

3.5 COVID-19 Relief and Recovery Grant Programs ................................... 36

3.6 Lease to Fusion Australia Ltd ................................................................. 43

3.7 Community Engagement Survey Results .............................................. 48

3.8 2021 Council and Committee Meeting and Briefing Timetable ................................................................................................... 52

4 COUNCILLORS AND DELEGATES REPORTS ..................................................... 56

5 NOTICES OF MOTION ............................................................................................ 59

5.1 Notice of Motion 265 (Cr Marsh) ............................................................. 59

5.2 Notice of Motion 266 (Cr Fraser) ............................................................. 61

5.3 Notice of Motion 267 (Cr Fraser) ............................................................. 63

6 URGENT BUSINESS ............................................................................................... 65

7 CONFIDENTIAL ITEMS ........................................................................................... 66



8 MEETING CLOSE .................................................................................................... 68



1 OPENING AND WELCOME

Meeting opened at 7.03pm

Appointed Chairperson – Mayor, Cr Despi O’Connor

1.1. Acknowledgement of Country

(Read by Cr Mar)

Mornington Peninsula Shire acknowledges and pays respect to the elders, families and ancestors of the Bunurong/BoonWurrung people, who have been the custodians of this land for many thousands of years. We acknowledge that the land on which we meet is the place of age-old ceremonies, celebrations, initiation and renewal; and that the Bunurong/BoonWurrung peoples’ living culture continues to have a unique role in the life of this region.

1.2 Prayer

(Read by Cr Celi)

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.



2 PROCEDURAL MATTERS

Present

Mayor, Cr Despi O’Connor Cr Antonella Celi Cr Lisa Dixon Cr Hugh Fraser Cr David Gill Cr Steve Holland Cr Debra Mar Cr Anthony Marsh Cr Kerri McCafferty Cr Paul Mercurio Deputy Mayor, Cr Sarah Race Mr John Baker, Chief Executive Officer

2.1 Apologies

Nil.

2.2 Disclosure of Conflicts of Interest Pursuant to Sections 126 – 131 of the Local Government Act 2020

Cr Dixon disclosed a Material Conflict of Interest in relation to Item 3.4 ‘Hastings Activity Centre Special Charge Scheme (Promotional Fund) – Declaration’ on the basis she is a property owner and lessee of an address that will be affected by the proposed Special Charge Scheme.

2.3 Confirmation of Minutes

RECOMMENDATION

That the Minutes of previous Council Meeting held on 23 November 2020, be confirmed. COUNCIL DECISION Moved: Cr Marsh Seconded: Cr Mercurio

That the recommendation be adopted. Carried



2.4 Assembly of Councillors

Assembly of Councillors – 13 October 2020 and 17, 23 and 24 November 2020 RECOMMENDATION

That Council receives and notes the record of Assembly of Councillors for 13 October 2020 and 17, 23 and 24 November 2020. COUNCIL DECISION Moved: Cr Race Seconded: Cr McCafferty




2.5 Councillor Briefing Sessions

Matters discussed at Councillor Briefing Sessions (other than those matters designated to be of a confidential nature) are reported on at Ordinary Council meetings.

The matters listed below were presented to a Councillor Briefing Session on 13 October, 17 and 24 November 2020.

No. Item Briefing Session

1 Audit and Risk Committee Report on Operations

Lisa Woolmer, Chair of the Audit and Risk Committee provided a report on operations for the year 1 July 2019 to 30 June 2020.

13 October 2020

2 COVID-19 Relief and Recovery Efforts

Councillors were provided with an update on the Mornington Peninsula Shire’s COVID-19 relief and recovery activities undertaken and planned to support our community recovery efforts.

17 November 2020

3 Draft Waste Contamination Policy

Councillors were given an outline of the proposed Waste Contamination Policy prior to it being placed on public exhibition for community consultation.

17 November 2020

4 Appointment of Council Representatives

Discussion took place on which Councillors would be appointed to various committees, peak bodies and regional and community organisations, including Councillor Consultative Groups.

17 November 2020

5 Council and Committee Meeting and Briefing Timetable

Councillors were presented with various options for the scheduling of Council and Committee Meetings and Briefings in 2021.

17 November 2020

6 Council Meeting Pre-briefing

The new Councillor group were given an overview of the Council Meeting Agenda for 23 November 2020.

17 November 2020

7 Amendment C262morn to the Mornington Peninsula Planning Scheme, Mornington Peninsula Heritage Review – Area 3 Blairgowrie, Sorrento and Portsea and Other Heritage Places

Councillors were briefed on the submissions received in response to the exhibition of Amendment C262morn, the heritage consultant’s response to these submissions and proposed next steps.

24 November 2020

Council Meeting Minutes 8 December 20202.5 (Cont.)


No. Item Briefing Session

8 Mornington Peninsula Planning Scheme Amendment C224morn – Dromana Town Centre – Exhibition Outcomes

Councillors were updated on the outcome of the exhibition of Amendment C224morn and proposed next steps.

24 November 2020

9 Planning Policy Framework Translation

Councillors were provided with an update on the proposed translation of the Local Planning Policy Framework content of the Mornington Peninsula Planning Scheme into the new Municipal Planning Strategy and Planning Policy Framework, as well as an outline of the proposed approach of requesting the Minister for Planning to amend the Planning Scheme.

24 November 2020

10 Overview of History of Tyabb Airfield Planning Permits

The new Councillor group were provided with a brief history of the Tyabb Airfield and background to current actions by the Shire.

24 November 2020

11 Crib Point Gas Import Jetty and Gas Pipeline Project Update

Councillors were updated on the Crib Point gas import jetty and gas pipeline Environmental Effects Statement, Council’s position on the project and the joint Inquiry and Advisory Committee Public Hearing that is currently underway.

24 November 2020

RECOMMENDATION

That Council receives and notes the Briefing Session information provided above. COUNCIL DECISION Moved: Cr Marsh Seconded: Cr Dixon




2.6 Council Decision Register

Attachment(s) 1. Council Decision Register Summary 2019 2. Council Decision Register Summary 2020

PURPOSE

Council has requested a Decision Register for all its Council resolutions to be maintained by Shire Team Leaders and Managers.

Attached is a Summary of the 2019 Council Decision Register (Attachment 1) and a Summary of the 2020 Council Decision Register (Attachment 2) as at 30 November 2020.

RECOMMENDATION

That Council receives and notes the Summary of the 2019 Council Decision Register (Attachment 1) and 2020 Council Decision Register (Attachment 2) as at 30 November 2020. COUNCIL DECISION Moved: Cr Holland Seconded: Cr Celi




2.7 Petitions and Joint Letters

Objection to Removal of Prayer at Council Meetings

A petition with 29 signatories has been received objecting to the removal of the prayer at Council Meetings. Petitioners believe this action will alienate and discriminate against a group of people in our community that make up 74% of our community according to census data.

RECOMMENDATION

That Council receives and notes the above petition and refers it back to the appropriate Shire officer for action, or to report back to Council on the matter. COUNCIL DECISION Moved: Cr Celi Seconded: Cr Fraser




2.8 Public Question Time

Questions from the public shall be dealt with at commencement of the meeting.

The aim of public question time is to provide an opportunity for the public to ask general questions at Council Meetings requiring routine responses. Questions are received without notice and are responded to without research or reference to Council records.

Questions must be in writing, with the person submitting the question to be in the public gallery at the time.

Questions which contain material that relates to specific people or properties will be summarised at the discretion of Council.

Responses to public questions answered at the meeting, will be general in nature, provided in good faith and should not exceed two minutes. These responses will be summarised in the minutes of the meeting.

Questions requiring research or a detailed reply will be provided a written response as soon as possible following the meeting from the nominated officer. These written responses will be collated for each meeting and available via the Shire’s website.

This segment does not substitute for appeal or other formal business procedures with the Council.

Nil.



3 MANAGEMENT REPORTS

3.1 2019/2020 Annual Report

Prepared By Adam Wenczel, Innovation and Organisational Performance

Authorised By Chief Executive Officer

Document ID A10060296

Attachment(s) 1. 2019/2020 Annual Report

PURPOSE

The purpose of this report is for Council to consider the Annual Report 2019/2020 (Attachment 1) at a meeting open to the public in accordance with section 134 of the Local Government Act 1989 (the Act).

BACKGROUND

The 2019/2020 Annual Report was prepared under sections 131 and 132 of the Act and contains:

a report of operations of the Council

an audited performance statement

audited financial statements

copies of the auditor’s reports on the financial and performance statements.

The 2019/2020 Annual Report was submitted to the Minister for Local Government (the Minister) before the extended due date of 30 November 2020, in accordance with section 133(1)(b) of the Act.

The Annual Report having been submitted to the Minister, in accordance with section 133 of the Act, Council must subsequently consider the Annual Report at a meeting of Council open to the public in accordance with section 134. Public notices advising of online availability of the 2019/2020 Annual Report and of Council’s livestreamed meeting of 8 December 2020 where the Annual Report will be discussed were published on 2 November 2020 in Mornington News, Southern Peninsula News, Western Port News and on the Mornington Peninsula Shire’s website in accordance with Council’s decision of 13 October 2020.

DISCUSSION

The activities outlined in the 2019/2020 Annual Report demonstrate the ways in which Council has not only sought to respond to the challenges presented by the COVID-19 pandemic, but maintained its focus on service delivery. Challenges and highlights over the year include:

Activating our Municipal Emergency Management Plan, not once, but twice. We began 2020 by taking an active role in the bushfire emergency relief effort, specifically by hosting evacuees from Mallacoota. We were then faced with a second, and very different, crisis in the form of the COVID-19 global pandemic.

In response to COVID-19, our services were significantly impacted by government restrictions trying to contain the virus and we had to adapt rapidly to new realities and



new ways of working. Almost overnight the organisation moved to working from home without missing a beat and with minimal disruption to our community.

To support our community through COVID-19, we developed and implemented our ‘Caring for our Community’ initiative, and at the time of writing had delivered over 3,001 care packages to ensure our most vulnerable and isolated residents were looked after. The Shire partnered with Community Support Centres at Hastings, Rosebud and Mornington to create packing and distribution centres from which care packages were delivered to those doing it tough. The initiative is run solely by redeployed Shire staff and community volunteers who have worked tirelessly to deliver thousands of care packages.

To support local business through this period, we instigated a range of initiatives to help businesses maintain resilience. This included a Business Support Package, a Business Concierge Service, fast tracking of approvals, temporary cessation of fees and charges, support for local contractors and rate and rent relief options for those in Council properties.

To help offset a reduction in non-rate income due to the financial impacts of COVID, we made operational savings of $3 million through a reduction in materials and services expenditure ($1.7 million) and by not filling vacant staff positions ($1.4 million).

We remain financially strong with a sound balance sheet and cash holdings of $80.3 million and achieved a surplus of $22.1 million in 2019/2020, which is consistent with last year’s surplus of $23.8 million. Capital works expenditure increased from last year’s total of $58.7 million to $66.1 million.

Continuing with our Business Transformation program, which will ensure we can better serve the growing needs of our community by ensuring the Shire is a customer-focused, agile and future ready organisation. To date, our Business Transformation program has realised a number of efficiencies and cost benefits, achieving over $400,000 in savings in the process.

Made significant progress on the Yawa Aquatic Centre despite the ongoing challenges presented by COVID-19. Belgravia Leisure was appointed as the facility manager and all major concrete works were completed and the roof of the main pool hall were almost finished.

Introduced our Gender Equality Strategy in early March, the drafting of our Reconciliation Action Plan and our draft Climate Emergency Plan ‘Ensuring Our Future’. Each of these landmark projects will help achieve fundamental improvements to the health and wellbeing of our community.

Launched our Better Buses campaign, our most successful advocacy and community engagement to date, which received over 92,500 engagements and 2,500 written and online surveys.

And Road Safety Victoria approved the start of the Shire’s two-year trial of 80 kilometre per hour speed limits on 38 of our high-risk sealed rural roads.

OFFICER DIRECT OR INDIRECT INTEREST

No person involved in the preparation of this report has a direct or indirect interest requiring disclosure.



CONCLUSION

Discussion of the 2019/2020 Annual Report by Council at this Council Meeting completes the process set out in the Local Government Act 1989 for publication of Annual Reports.

RECOMMENDATION

That Council, having considered its contents, receives and notes the Annual Report 2019/2020 (Attachment 1).

COUNCIL DECISION Moved: Cr Gill Seconded: Cr Holland

That Council, having considered its contents, receives and notes the Annual Report 2019/2020 (Attachment 1) and that it be publicised in a suitable format as widely as possible.

Carried Unanimously



3.2 Tender CN2511 – R2R Reconstruction of Bentons Road, Moorooduc

Prepared By Aidan Gallagher, Project Manager - Project Delivery

Authorised By Acting Director - Place


Attachment(s) 1. Tender Evaluation (confidential)

PURPOSE

The purpose of this report is to accept a tender submission for the reconstruction of Bentons Road, Moorooduc.

BACKGROUND

As part of the Federal Government’s Roads to Recovery program, the Mornington Peninsula Shire (the Shire) has identified a section of Bentons Road for reconstruction. The section is situated between Moorooduc Highway and Derril Road. This is the third stage of Bentons Road to be reconstructed under this program.

The reconstruction of the road will significantly improve road safety for users and increase the useful life of this asset. The proposed works will include:

widening of the existing road pavement to accommodate two 3.5-metre lane widths

asphalt kerb

drainage infrastructure

guard rail

an upgrade of the intersection of Gorman/Rickards/Bentons Road.

Undertaking these works in the summer months will ensure the new road pavement is prepared in the driest time of the year. It is anticipated that construction works will take six months from commencement and is scheduled from January 2021 to June 2021.

This project is fully funded under the Federal Government’s Road to Recovery program, receiving $2.8 million for this stage of the works.

TENDER INVITATION

The tender was released to the market on 10 October 2020 via The Age newspaper, the Shire’s website and Tenderlink.

The tender closed at 3.00pm on Thursday 5 November 2020.

Seven submissions were received.



TENDER EVALUATION

All submissions progressed to evaluation and assessed against the following criteria (Confidential Attachment 1):

Criteria Weighting

Prequalification Criteria

Compliance with the RFT document Pass/Fail

Independent financial assessment and capability

Pass/Fail

Willingness to undergo supplier verification Pass/Fail

Evaluation Criteria

Environmentally Sustainable Initiatives Not disclosed to the contractor

Demonstrated Resources and Methodology Not disclosed to the contractor

Programme Not disclosed to the contractor

Local Procurement Not disclosed to the contractor

Tender Price Not disclosed to the contractor

Evaluation was guided by an approved Evaluation Plan.

EVALUATION PANEL

The Evaluation Panel consisted of:

Name and Title Role in Evaluation Process i.e. Price/Non-Price/ Independent/Financial/ Technical etc

Scoring or Non-Scoring Member

Sam Polatidis, Team Leader – Project Delivery Northern Peninsula, Project Delivery

Non-Price Scoring

Daniel Kabel, Environmentally Sustainable Design Policy and Integration Officer, Climate Change Energy and Water

Non-Price Scoring

Steve Olsen, Project Manager – Civil and Drainage, Infrastructure Services

Non-Price Scoring

Elliott Reid, Project Manager – Project Delivery

Non-Price Scoring



Domenic Mazza, Procurement Specialist, Finance

Procurement Representative Non-Scoring

Taryn Abrahamsson, Deputy Finance Manager – Finance

Price/Financial Non-Scoring

Aidan Gallagher, Project Manager – Infrastructure Project Delivery

Chair Non-Scoring

CONTRACT VALUE

The recommended contract value is $2,048,151.20 plus $204,815.12 GST.

A lump sum contract has been adopted as both the quantity and quality of the works has been specified. It is the simplest form of contract to administer and actual quantities do not have to be measured in the field for payment purposes. This further limits exposure for construction overruns. A schedule is included for calculating any variations, should any be required.

TERM OF CONTRACT

It is anticipated that construction works will commence in January 2021 and will take approximately six months to complete. A 12-month defect liability period will follow when practical completion of the works is reached.

DELEGATED AUTHORITY ASSESSMENT

Yes/No Instrument of Delegation Conditions

Yes The full amount is within budget

No That the recommended tenderer is the lowest cost tender

No That the recommended tender is NOT the lowest cost tender and is >$200,000.01 therefore Council determination required.

It has been determined in accordance with current Instruments of Delegation that Council will be the final decision-making authority.


No person involved in the preparation or approvals of this report has a direct or indirect interest requiring disclosure.

RECOMMENDATION

1. That Council, having considered all tender submissions, hereby accepts the tender submission received from Tenderer E for CN2511 – R2R Reconstruction of Bentons Road, Moorooduc.

2. That Council approves the contingency sum identified within the confidential section of this report, which is not to be disclosed to the tenderer until and if required by a contract variation.



3. That Council approves the environmentally sustainable tender option of $20,856 plus $2,085.60 GST within the confidential section of this report.

4. The Common Seal of the Mornington Peninsula Shire Council be affixed where necessary and relevant documents be signed by the authorised officers.

5. That Council resolves that Attachment 1 to this report be retained as a confidential item pursuant to section 3 (1) (g) of the Local Government Act 2020 as it contains private commercial information, being information provided by a business, commercial or financial undertaking that if released, would unreasonably expose the business, commercial or financial undertaking to disadvantage.

COUNCIL DECISION Moved: Cr Race Seconded: Cr Mar

1. That Council, having considered all tender submissions, hereby accepts the tender submission received from Maw Civil Pty Ltd for the lump sum value of $2,027,295.20 plus $202,729.52 GST being for CN2511 – R2R Reconstruction of Bentons Road, Moorooduc.

2. That Council approves the contingency sum identified within the confidential section of this report, which is not to be disclosed to the tenderer until and if required by a contract variation.

3. That Council approves the environmentally sustainable tender option of $20,856 plus $2,085.60 GST within the confidential section of this report.

4. The Common Seal of the Mornington Peninsula Shire Council be affixed where necessary and relevant documents be signed by the authorised officers.

5. That Council resolves that Attachment 1 to this report be retained as a confidential item pursuant to section 3 (1) (g) of the Local Government Act 2020 as it contains private commercial information, being information provided by a business, commercial or financial undertaking that if released, would unreasonably expose the business, commercial or financial undertaking to disadvantage.

Carried Unanimously



3.3 Update of Public Consultation for Blacks Camp, Somerville

Prepared By Pam Vercoe, Senior Governance Officer

Authorised By Head of Governance and Legal


Attachment(s) 1. Blacks Camp Cultural Heritage Management Plan 2004 2. Mornington Peninsula Shire Reconciliation Action Plan 3. 'Have your Say' requesting feedback on the renaming of

the Pre-school and Road 4. 'Have your Say' Survey on a new name for Blacks Camp

Reserve 5. Voting poll results for the 'Have your Say' Road and Pre-

school renaming (confidential) 6. Facebook results summary - Blacks Camp renaming

project 7. Voting poll results for the 'Have your Say' - Reserve

(confidential) 8. Pre-school renaming internal results (confidential)

PURPOSE

The purpose of this report is to update Council on the results of the public consultation process and voting poll for the naming proposal for Blacks Camp Reserve and Blacks Camp Pre-school in Somerville and to seek endorsement on the final names to allow lodgement with Geographic Names Victoria for approval and gazettal.

BACKGROUND

Naming of a road, feature or locality must be in accordance with the Naming Rules for Places in Victoria – Statutory requirements for naming roads, features and localities 2016 (the Naming Rules).

In 2004, a Cultural Heritage Management Plan (Attachment 1) was undertaken at a site on the northern side of Blacks Camp Road on behalf of the Department of Education and Training. The archaeological investigation found over 200 artefacts and discovered four Aboriginal sites which were subsequently registered with Aboriginal Affairs Victoria. The report concluded that the existence of fresh water and the artefacts indicated the presence of a substantial Aboriginal camp at the site.

It is likely that the road, reserve and kindergarten were named due to some knowledge of the habitation of this area by Aboriginal People. The name ‘Blacks Camp’ is a derogatory term that the Mornington Peninsula Shire (the Shire) has been advised is offensive to the Traditional Custodians of the Mornington Peninsula, the Bunurong Land Council and People of Aboriginal heritage. In addition, some non-Aboriginal local residents and users of the Shire facilities on Blacks Camp Road have voiced concerns that the name is inappropriate. This presents an opportunity to pay respect to First Nations People by selecting a name that builds recognition of the area and provides a platform for further community education.

The objectives of the renaming of these facilities are as follows:

remove names that cause offense to community members and visitors of Aboriginal heritage (in line with Action 15 of the Shire’s Reconciliation Action Plan (RAP), (Attachment 2)



celebrate and educate the community on the significance of this area for local Aboriginal history

remove this barrier to People of Aboriginal heritage in accessing the educational facilities in this area (including Blacks Camp Pre-school, Somerville Rise Primary School and Somerville Secondary College).

In line with the Naming Rules, a meeting was held with the Traditional Owner, the Bunurong Land Council Aboriginal Corporation (BLCAC) where suitable names were discussed and permission was sought to use those names.

A report was tabled at the Council Meeting on 28 July 2020 to seek approval to proceed to public consultation with a short list of names that were provided by BLCAC for the Pre-school and Reserve.

Council endorsed the following names:

Blacks Camp Pre-school

Turrum – She-oak

Beenap – Manna Gum

Tillerkite – Play.

Blacks Camp Reserve

Beek Beak – Earth

Burinyong Balug – Bunurong Clan

Mayone Balug – Bunurong Clan

Ngooraark – Mountain.

DISCUSSION

The community consultation and media release for the renaming of Blacks Camp ran from 10 August 2020 until 21 September 2020. The ‘Have your Say’ on the Shire website provided the opportunity for the community to vote for their preferred name for the reserve from the short-list of four names (Attachments 3 and 4). The preferential voting system was favoured, in line with the previous voting poll for the naming of the Yawa Aquatic Centre. The community were asked to rank their choice one to four, with one being their favourite name and four the least favourite.

The community were also given the opportunity to provide feedback on the naming of the pre-school and road. 70 responses were received, of which 44 were in favour of the name change (Attachment 5).

The media release included updates on the Shire Facebook page (Attachment 6). The total number of people reached was 35,651 – Reach is the number of people who saw the post at least once. Post engagement was 10,753 – Engagement includes all actions that people take such as reacting to, commenting on, sharing the ad, viewing a photo or clicking a link.

Blacks Camp Reserve

151 responses were received for the voting of Blacks Camp Reserve through the ‘Have your Say’ with the results as follows:



Beek Beak – 436

Burinyong Balug – 400

Mayone Balug – 393

Ngooraark – 281.

In line with the preferential voting system, each time a name received a ‘1’ vote, it was awarded four points, ‘2’ it was awarded three votes etc. The full results and comments can be found in Attachment 7. Five of the responses received objected to the renaming.

Beek Beak received the largest score using this voting system and also received the largest amount of number one votes as follows:

Beek Beak – 59

Burinyong Balug – 46

Mayone Balug – 32

Ngooraark – 14.

Beek Beak Reserve is the name recommended for endorsement by Council as the new name for Blacks Camp Reserve.

Blacks Camp Pre-school

The Pre-school ran an online vote using Survey Hero which was open from 31 August 2020 to 13 September 2020 (Attachment 8). Families were asked to rank the three short-listed names from one–three, one being most preferred, three being least preferred. Of the 88 current families, 52 responded. Results were:

Tillerkite – 33

Turrum – 10

Beenap – 9.

The results from the ‘Have your Say’ where the community were given the opportunity to comment on the renaming of the Pre-school were as follows:

Tillerkite – 20

Turrum – 2

Beenap – 0.

Tillerkite Pre-school is the name recommended for endorsement by Council as the new name for Blacks Camp Pre-school.





CONCLUSION

Following the community consultation and media release, the most popular names for the renaming of the Blacks Camp Pre-school and Blacks Camp Reserve are presented for Council endorsement.

Tillerkite Pre-school received the largest number of votes from the Pre-school families and was the clear favourite from the general community.

Beek Beak Reserve received the largest score using the preferential voting technique and the largest number of number-one votes from the community.

RECOMMENDATION

1. That Council endorses Tillerkite Pre-school as the new name for Blacks Camp Pre-school.

2. That Council endorses Beek Beak Reserve as the new name for Blacks Camp Reserve.

3. That the names are lodged with the Registrar of Geographic Names Victoria for approval and Gazettal.

4. That Council resolves that Attachment 5, 7 and 8 to this report be retained as confidential items pursuant to section 3 (1) (f) of the Local Government Act 2020 as they contain personal information, being information which if released would result in the unreasonable disclosure of information about any person or their personal affairs.

UPDATED RECOMMENDATION


2. That Council endorses Beek Beek Reserve as the new name for Blacks Camp Reserve.



MOTION

Moved: Cr Race Seconded: Cr Mercurio

That the updated recommendation be adopted.

AMENDMENT

Moved: Cr Fraser Seconded: Cr Gill

2. That the Chief Executive Officer conducts further research and enquiries as to the name or names Aboriginal People themselves once used for the place that is now



known as Blacks Camp Reserve and the names ‘Bunguyan’ and ‘Bining Naring’ and bring a further report to a meeting of Council.

Amendment Lost

The Substantive Motion was put to the Vote and Carried

For clarity the Council Decision is repeated below.

COUNCIL DECISION

Moved: Cr Race Seconded: Cr Mercurio


2. That Council endorses Beek Beek Reserve as the new name for Blacks Camp Reserve.



Carried



3.4 Hastings Activity Centre Special Charge Scheme (Promotional Fund) - Declaration

Prepared By Anita Buczkowsky, Coordinator Economic Development

Authorised By Executive Manager – Innovation and Advocacy


Attachment(s) 1. Hastings Special Charge Scheme (SCS) - Chamber Formal Letter

2. Hastings SCS - Section 223 Minutes - 21 September 2020

3. Hastings SCS - Submissions of Support (confidential) 4. Hastings SCS - Submissions of Objection (confidential) 5. Hastings SCS - Boundary Map 6. Hastings SCS - Charges Year 1 7. Hastings SCS - Declaration

PURPOSE

This report seeks Council’s consideration and determination regarding the Declaration of the proposed Special Charge Scheme (SCS) Promotional Fund for the Hastings Activity Centre.

BACKGROUND

Section 163 of the Local Government Act 1989 (the Act) enables Council to levy a charge on properties within a defined area if Council considers that the properties in that area will receive a ‘special benefit’ from the expenditure of the funds raised. In the case of SCSs for Promotional Funds within activity centres, these are initiated by the township business association or Chamber of Commerce in consultation with businesses.

Chambers receive 100% of the SCS Promotional Funds raised, which are used for projects and activities within a town’s activity centre to stimulate the local economy, promote the township and market the businesses within. Chambers also advocate as the voice of township businesses and general provide advice to members.

Whilst chambers and business associations initiate and manage the SCS, the funds, raised through a Council statutory special charge scheme process, are invoiced and held by Council and allocated on a quarterly basis to the chamber or business association. These funds, levied though the SCS, will be even more crucial over the next 12 to 18 months in supporting a range of business recovery activities through local campaigns, building business resilience and increasing adaptability to changing economic conditions.

SCSs currently operate in six townships across the Mornington Peninsula (and around 70 operate across Victoria):

Hastings (through the Westernport Chamber of Commerce and Industry)

Mornington (through the Mornington Chamber of Commerce)

Mount Eliza (through the Mt Eliza Chamber of Commerce)

Rosebud (through the Rosebud Chamber of Commerce)

Sorrento (through the Sorrento Portsea Chamber of Commerce)

Rye (through the Rye Beach Business Association).



Hastings Special Charge Scheme

Council first declared a SCS for the Hastings Activity Centre in February 2004 which was subsequently renewed in July 2008 and October 2013. The most recent SCS, which was for a period of seven years, expired on 31 July 2020 and raised approximately $64,000 in the final year.

In February 2020, the Westernport Chamber (Chamber) wrote to Council formally requesting renewal of the SCS for the Hastings Activity Centre. The request contained a letter and business plan outlining proposed future marketing, promotional and business opportunities and details of their informal township business consultation process which led to the request for renewal. The request included a recommendation to reduce the levy from the previous SCS (Attachment 1).

In May 2020, the Chamber once again wrote to Council, outlining amendments to the proposed SCS levy in response to the impact of COVID-19 on businesses within the township of Hastings (Attachment 1). They proposed a further revised fee structure with a 50% reduction on the original charges for the first year of the SCS and a six-month delay in invoicing the SCS levy. This means that property owners and/or businesses would not be invoiced until after January 2021 and would only be levied for the second half of the financial year.

The fee reduction has been proposed by the Chamber to reduce the financial burden on businesses who have faced a challenging period as a result of COVID-19, whilst at the same time levying enough funds for the Chamber to implement township recovery activities to support businesses.

Intention to Declare a Special Charge Scheme

On Tuesday 14 July 2020, at its Ordinary Meeting, Council supported the Chamber’s recommendation to reduce the levy and resolved to commence the statutory process required for the renewal of the SCS in accordance with the Act by giving notice of its Intention to Declare a SCS for the Hastings Activity Centre.

A public notice was published in the local newspaper on Tuesday 21 July 2020 and was subsequently mailed with explanatory information to those who may be affected by the SCS. This included all property owners and occupiers within the proposed SCS boundary who may incur the levy.

The details of the proposed SCS were also made available for viewing on the Mornington Peninsula Shire (Shire) website for 28 days, following publication of the public notice. The public notice invited any person affected by or required to pay the levy to make a written submission and/or objection.

Considering the special circumstances presented by COVID-19, written submissions were accepted beyond the 28-day period. The public notice was again posted on the Shire’s website on 27 August 2020, informing of the acceptance of the late submissions and the date of the Section 223 Submission Committee Meeting.

Section 223 Submission Committee Meeting

On the 21 September 2020, a Section 223 Submission Committee Meeting considered written submissions received and heard two verbal submissions in objection to the SCS and two verbal submissions in support of the SCS. The Minutes of the Section 223 Submission Committee Meeting are at Attachment 2. Additional written submissions were received after the Section 223 Submission Committee Meeting and these have been included in the total numbers indicated below.



ISSUES

There are 184 properties within the SCS boundary that are eligible to pay the levy. The total number of submissions received are as follows and are provided as confidential Attachments 3 and 4:

A total of 110 submissions received representing 146 eligible properties within the SCS boundary that may incur a charge, inclusive of:

o 50 submissions representing 25 eligible properties for which both submissions of support and opposition were received

o 4 submissions of objection representing four residential properties that will not incur a charge.

In Support of the Scheme

86 submissions were received in support representing 93 eligible properties that may incur a charge, or 50.5% of eligible properties.

In Opposition to the Scheme

24 submissions were received in objection representing 78 properties:

o Two submissions of objection were withdrawn and re-submitted as submissions of support

Therefore, the total figure is 22 submissions, representing 76 eligible properties, that may incur a charge, or 41.3% of eligible properties

Four submissions of objection representing four residential properties that will not incur a charge.

Summary of Submissions in Support of the Scheme

The main themes are as follows:

Theme 1: Support for the SCS benefits:

the charges are fair and justified

the funds benefit the township and local businesses

the funds are more important than ever to promote Hastings

the annual charge is less than a newspaper advertisement

the combined funds serve to promote and market Hastings cost effectively.

Theme 2: Support for Chamber activities:

the SCS allows the Westernport Chamber of Commerce to conduct important promotional and community support projects/activities

the role of the Chamber will be particularly important over the coming months due to the impact of stage four restrictions

the Chamber does great work.



Officer Comment:

The aim of the proposed SCS is to add value to the commercial precinct by increasing economic activity, encouraging business growth and promoting the township. Specifically, in response to COVID-19, activities funded through the SCS will have increased importance in implementing recovery and resilience activities for businesses in the Hastings Activity Centre.

As previously mentioned, the Chamber, supported by and in consultation with Council, acknowledges the hardship businesses are facing as a result of COVID-19 and has taken further steps to support traders by proposing a 50% reduction of fees from the Chamber’s original proposal in the first year of the SCS, plus the delaying of invoicing.

Summary of Submissions in Objection to the Scheme

The main themes are as follows:

Theme 1: Recurring financial obligation and impost on businesses:

the SCS is a waste of money

traders cannot commit to a SCS for seven years

business are in deep financial stress that is affecting the whole community

businesses may not be able to pay the charge.

Officer Comment:

The proposed charge on the property is to raise a pool of funds for all businesses in the Hastings Activity Centre, with the aim of adding value to economic activity over a number of years. The previous SCS funds were used to invigorate and revitalise the township for the benefit of all businesses. This continued activity will be vital during the COVID-19 recovery period. The Chamber will focus on township support, recovery and resilience in the months and years ahead and the SCS funds will support this process. Additionally, businesses will have the opportunity to provide active input into how the funds are expended in the COVID-19 recovery period and throughout the life of the SCS.

Should the SCS be declared and a property owner and/or tenant have difficulty in paying the added expense, a payment plan can be organised which takes into account the hardship a business may be experiencing.

DISCUSSION

Scheme Boundary

The Special Charge is a charge on the property and its apportionment between the various categories is designed to reasonably distribute the cost of the SCS across the Hastings Activity Centre. The proposed boundary for the SCS is shown on the attached plan (Attachment 5), specifically properties affected by the charge are:

1–15 (inclusive) and 2–12 (inclusive) Albert Street

2–6 (inclusive) and 11 Alfred Street

2–16 (inclusive) and 3–11 (inclusive) Arthur Street

1–49 (inclusive) Church Street



2–38 (inclusive) Elizabeth Street

2–16 (inclusive) Herring Street

2–146 (inclusive) and 3–141 (inclusive) High Street

14–42 (inclusive) and 15–61 (inclusive) King Street

7–29 (inclusive) Marine Parade

1–21 (inclusive) and 2–12 (inclusive) Queen Street

123–147 (inclusive) and 136–192 Salmon Street

20–44 (inclusive) and 23–53 (inclusive) Victoria Street.

Proposed Charge Structure

The proposed SCS will apply to all properties (except vacant land) used for retail and/or commercial purposes (Attachment 6). The proposed charges may be passed onto the tenant, as an outgoing, as part of any lease agreement.

The charges to the properties for Year One (2020–2021), are to be as follows:

Tier 1 – $200 for properties with High Street frontage, street level and Kmart Plaza properties 1/20–10/20 Victoria Street and 11–13 Victoria Street and 1/9–9/9 and 13 Queen Street (less than 1,600 square metres)

Tier 2 – $125 for properties in all other locations (less than 1,600 square metres)

Tier 3 – $500 for properties with land size of 1,600 square metres or more.

The charges for year one of the SCS will be invoiced from January 2021.

The charges to properties for Year Two (2021–2022) are to be as follows:

Tier 1 – $400 for properties with High Street frontage, street level and Kmart Plaza properties 1/20–10/20 Victoria Street and 11–13 Victoria Street and 1/9–9/9 and 13 Queen Street (less than 1,600 square metres)


Tier 3 – $1,000 for properties with land size of 1,600 square metres or more.

From years three to seven the SCS will incur a 3% increase annually.

The Special Charge will be payable as a lump sum or via an agreed instalment plan, which will also consider the hardship property owners or businesses are experiencing as an outcome of COVID-19.

In instances of non-payment of the Charge, interest may accrue in accordance with section 172 of the Act and standard Council practice on non-payment of rates and charges will apply. As noted, the invoicing for year one will be deferred until after January 2021 to offer further support to businesses.



Special Charge Scheme Exemptions

The Special Charge is a charge on the property and its apportionment between the various categories is designed to reasonably distribute the cost of the SCS across the Hastings Activity Centre. Further measures are proposed to also help equitably spread the charge. Property owners and/or tenants may apply for an exemption if:

1. A single business using the same Australian Business Number and trading name is located in two or more contiguous rateable properties, then the business would only incur one charge; or

2. A tenant is a charitable or not-for-profit organisation and provides a certificate of its charitable status, then the property would not incur a charge; or

3. A property is used solely for residential purposes.

Calculating the Special Charge

Section 163 (2A) of the Act specifies a formula for calculating the maximum total amount of the Special Charge that is able to be levied:

R x C = S

Where:

R is the benefit ratio (which is the proportion of the total cost that Council determines is able to be levied)

C is the total cost of the SCS

S is the maximum total amount that may be levied.

It is considered that all the properties in the proposed SCS will receive a special benefit through increased economic activity. It is also considered that there are no separate measurable community benefits which may accrue from the SCS. The benefit ratio (R) is therefore 100%.

The total annual cost of the SCS (C) is the aggregate cost of defraying expenses related to the Promotional Fund and its establishment and consists of two major components: the maximum annual amount to be levied for promotional and business development activities and paid over to the Chamber; and Council’s costs in relation to administering the SCS.

Cost of Special Charge Scheme

By levying the eligible properties in Hastings as proposed, the SCS has the potential to raise up to $31,000 in the first year and $62,000 in the second year.

Furthermore, over the period of the SCS, there is the possibility that up to a further $15,000 per annum could be raised through the Special Charge through an increase in the number of eligible properties in Hastings. Taking all this into consideration, including a 3% increase per annum from the third year of the SCS, the maximum amount of the SCS that could be levied in any one year is approximately $97,000.

Council’s administrative costs are estimated at $20,000 per annum and include:

preparation of the SCS

declaring and levying the charge



collecting the charge and forwarding the relevant amounts to the Chamber

carrying any unpaid amounts so that the Promotional Fund receives its full entitlement each year (enabling the Chamber to adequately budget)

entering into an agreement with the Chamber to administer the SCS and account for the funds, etc.

Therefore, the total maximum annual cost (C) of the SCS annually is $117,000 and comprises:

1. The SCS levy ($97,000).

2. Council’s administrative costs ($20,000).

While $117,000 represents the maximum cost of the SCS in each year, it is recommended Council does not recover its administrative costs from the SCS. This means that 100% of the amount levied on liable properties (up to $97,000 per annum) will be paid over to the Chamber.

The maximum total amount (S) that may be levied from liable properties over the seven year period for which the Special Charge remains in force will therefore be $679,000.

Management of the SCS

If the SCS for the Hastings Activity Centre is successfully introduced, the funds raised by the SCS will be managed by the Chamber in accordance with a signed Management Agreement between Council and the Chamber.

Council will not forward any proceeds of the SCS to the Chamber until the Agreement has been entered into nor shall it unreasonably interfere with expenditure decisions of the Chamber made in accordance with this Agreement and the Chamber’s approved Business Plan.

Amongst other matters, the Agreement will require the Chamber to:

provide an annual business/marketing plan and budget outlining how the SCS proceeds are proposed to be spent, to Council’s Economic Development Unit for approval, as the trigger for the release of funds to the Chamber on a quarterly basis

provide audited financial accounts and an annual report of the past year’s SCS activities to Council’s Economic Development Unit at the end of each financial year and make them available to all SCS contributors

continue to be an incorporated, and insured, entity and to act in accordance with the Associations Incorporation Act 1981

maintain a list of current business occupancies in the Hastings Activity Centre and periodically review the SCS’s performance

engage the services of a Coordinator to implement the Chamber’s business/marketing plan.

Further details for the Management Agreement between the Shire and the Chamber may be identified if the SCS is declared.



COUNCIL’S OPTIONS

1. Adopt the Scheme as Proposed

Council can adopt the SCS as proposed in its Notice of Intention to Declare the SCS given at the Ordinary Council Meeting held on the 14 July 2020.

Section 163B (6) of the Act provides that Council cannot make the proposed declaration if it receives objections from persons who will be required to pay the Special Charge and who represent a majority of the rateable properties in the SCS. This is not the case here.

2. Modify the Scheme

Council can modify the SCS if it believes that there are valid reasons to vary it arising out of the submissions process. If a variation is significant, Section 166 of the Act provides that it may need to be treated as a new declaration and be re-advertised.

3. Defer the Scheme

Council can defer the proposed declaration to another ordinary meeting and seek further clarification of any matters raised.

4. Abandon the Scheme

Council can resolve to abandon the SCS and request Shire officers to write to property owners and tenants advising of this decision.

Statutory Process for Implementation

If Council proceeds to adopt the SCS, affected property owners and tenants are immediately given notice of this decision and advised that they have 30 days from the date of issue to lodge an application with the Victorian Civil and Administrative Tribunal (VCAT) against Council’s decision. Should an application be lodged, VCAT is responsible for convening a hearing and issuing a determination on the matter.

In addition, all those persons who lodged a submission relating to the SCS are to be notified in writing of Council’s decision and the reasons for the decision, in accordance with section 223(e) of the Act.

If there are no valid applications or the applications are dismissed by VCAT, Council will commence issuing invoices for collection of the SCS after the 30-day period.



CONCLUSION

This report seeks Council to make a determination, having read the submissions from businesses and property owners from Hastings, on whether the SCS should proceed, be modified, deferred or abandoned. It is recommended that the SCS proceed; the fee structure takes into consideration the hardship businesses may be experiencing due to the economic effects of COVID-19 and the Chamber’s key role in supporting business recovery.

The recent statutory process undertaken, in compliance with the provisions of Section 163 of the Act, for renewal of the SCS for the Hastings Activity Centre has demonstrated that the



number of objections does not exceed the majority of the rateable properties and the numbers in support are sufficient to declare the SCS, if Council chooses to do so.

RECOMMENDATION

1. That pursuant to section 163 of the Local Government Act 1989 Council declares a Special Charge (Promotional Fund) for the Hastings Activity Centre to defray marketing, promotion, township management, business development and economic recovery from COVID19 and other incidental expenses associated with the encouragement of commerce.

2. That the Special Charge Scheme (SCS) remains for a period of seven years from 1 July 2020 to 30 June 2027, after which the applicability and the success of the SCS will be reassessed.

3. That the Special Charge boundary and properties affected by the charge are:

1–15 (inclusive) and 2–12 (inclusive) Albert Street

2–6 (inclusive) and 11 Alfred Street

2–16 (inclusive) and 3–11 (inclusive) Arthur Street

1-49 (inclusive) Church Street

2–38 (inclusive) Elizabeth Street

2–16 (inclusive) Herring Street

2–146 (inclusive) and 3–141 (inclusive) High Street

14–42 (inclusive) and 15–61 (inclusive) King Street

7–29 (inclusive) Marine Parade

1–21 (inclusive) and 2–12 (inclusive) Queen Street

123–147 (inclusive) and 136–192 Salmon Street

20–44 (inclusive) and 23–53 (inclusive) Victoria Street.

4. That charges to the properties for Year One are as follows:

Tier 1 – $200 for properties with High Street frontage, street level and Kmart Plaza properties – 1/20–10/20 Victoria Street and 11–13 Victoria Street and 1/9–9/9 and 13 Queen Street (less than 1,600 square metres)


Tier 3 – $500 for properties with land size of 1,600 square metres or more.

5. That charges to the properties for Year Two are as follows:

Tier 1 – $400 for properties with High Street frontage, street level and Kmart Plaza properties – 1/20-10/20 Victoria Street and 11–13 Victoria Street and 1/9–9/9 and 13 Queen Street (less than 1,600 square metres)




Tier 3 – $1,000 for properties with land size of 1,600 square metres or more.

6. That the charges will incur an annual 3% increase from Year Three to Year Seven.

7. That property owners/and or tenants may apply for an exemption if:

A. a single business using the same Australian Business Number and trading name is located in two or more contiguous rateable properties, then the business would only incur one charge

B. a tenant is a charitable or not-for-profit organisation and provides a certificate of its charitable status, then the property would not incur a charge or

C. a property is used solely for residential purposes.

8. That the Mornington Peninsula Shire (Shire) will absorb all administrative costs associated with the implementation of the Hastings SCS.

9. That non-payment of the charge may accrue interest in accordance with section 172 of the Local Government Act 1989 and standard Shire practice on non-payment of rates and charges will apply.

10. That in declaring the SCS, Council is performing functions and exercising powers relating to the stimulation and facilitation of business development and local employment opportunities, in particular the encouragement of economic activity and COVID-19 economic recovery activities within the Hastings Activity Centre.

11. That the total maximum annual cost of the SCS is $117,000 made up of the levy $97,000 and Council’s administrative costs ($20,000). The maximum total amount that may be levied from liable properties over the seven-year period for which the SCS remains in force will therefore be $679,000. 100 percent of the amount levied on liable properties will be paid over to the Westernport Chamber of Commerce and Industry for promotion and management of the Hastings Activity Centre over the period of the SCS.

12. That the activities that may be facilitated as a result of the implementation of the SCS are considered by Council to be of special benefit to the properties and/or businesses located within the SCS boundary.

13. That the Shire will pay the levied Special Charge on Council properties within the defined SCS boundary (Attachment 5).

14. That the first year of the SCS will be levied after January 2021.

15. That the Special Charge will be payable as a lump sum or via an agreed instalment plan.

16. That if a property owner and/or tenant have difficulty in paying, an agreed payment plan be organised which considers property owners/tenant experiencing hardship including as an outcome of COVID-19.

17. That no incentive is being offered for payment of the SCS before the due date, and non-payment of the charge may accrue interest in accordance with section 172 of the Local Government Act 1989 and standard Shire practice on non-payment of rates will apply.



18. That if the SCS is declared, the Chamber must enter into a formal agreement with Council for management of the funds prior to the proposed SCS or any part of it being paid to the business association.

19. That a right of appeal against Council’s decision to impose a SCS is provided under sections 185 and 185AA of the Local Government Act 1989. Applications for appeal can be made to the Victorian Civil and Administrative Tribunal.

20. That Council resolves that Attachments 3 and 4 to this report be retained as confidential items pursuant to section 3 (1) (f) of the Local Government Act 2020 as they contain personal information, being information which if released would result in the unreasonable disclosure of information about any person or their personal affairs.

COUNCIL DECISION Moved: Cr Race Seconded: Cr Fraser


Attendance Cr Dixon left the room for consideration and voting on Item 3.4.



3.5 COVID-19 Relief and Recovery Grant Programs

Prepared By Chris Munro, Manager - Social Planning and Community Development; Tania Treasure, Executive Manager – Innovation and Advocacy; Simon Thorning, Team Leader – Natural Systems

Authorised By Director Communities


Attachment(s) 1. Mornington Peninsula Shire Business Road Map 2. Business Association Grant Program - Guidelines 3. Biolink Grants Program - Guidelines 4. COVID-19 Community Recovery Grants - Guidelines 5. COVID-19 Relief (Quick Response) Grants - Guidelines

PURPOSE

The purpose of this report is to seek Council’s endorsement of the proposed COVID-19 relief and recovery grant programs targeting the Business, Social and Environment sectors of the local community.

BACKGROUND

The COVID-19 pandemic has, and will continue to have, a big impact on all areas of Australian society. The effect on the economy, health and wellbeing of the community and the local environment has been unprecedented and will have an enduring effect.

In March 2020, the State and Federal Governments launched a range of funding programs and relief packages for business, community, not-for-profit and individuals to respond to the impacts of the pandemic. Many of the programs have multiple funding rounds and are still available to receive applications. Since then, both levels of government have released new budgets that continue to provide support and recovery funding into the future.

The Mornington Peninsula Shire’s (the Shire’s) Funding Finder website has a collated list of all Victorian State and Federal Government COVID-19 support programs available at https://morningtonpeninsulashire.grantguru.com.au/. Community members can register to receive email updates to be alerted to new or changing funding options.

DISCUSSION

At a local level, a collaborative approach between Council and the community is essential in developing and supporting a recovery response. As an initial rollout, it is proposed to provide funding for grant programs within the current available budget, prior to Council considering further measures as part of its mid-year budget processes.

Economic Grants

In March this year, the Shire implemented a suite of assistance measures for businesses under the Business Stimulus package and the Support our Local Businesses Roadmap announced in September, aimed at supporting businesses re-opening (Attachment 1).

Included in the Support our Local Businesses Roadmap was a grant program to support our business associations to undertake community led economic recovery activities:



Funding category

Maximum value per application

Description

Business Association COVID-19 Recovery Grant Program

Up to $3,000 (excl GST)

($70,000 funding pool – existing budget)

Enable business associations to undertaken activities to support their members in COVID-19 recovery, after the peak season and moving into the winter months.

This amount has been determined to ensure there is an equitable amount available amongst the business associations.

The grant program will be open for Mornington Peninsula based incorporated business associations to apply for funding to support business and economic recovery and increase business capacity and resilience.

The activities must take place within the Mornington Peninsula Shire or have direct outcomes that benefit businesses within the Shire.

Specifically timed to be rolled out after the peak period as business associations will have a better idea of the longer term business recovery needs, what initiatives are required to support them moving into the off peak season and have capacity to deliver projects.

An assessment panel of Shire officers is proposed to review and approve the expressions of interest for funding. Successful applicants will be required to enter into a funding agreement with the Shire. A report will be provided to Council on the project activities and outcomes achieved.

Environment Grants

To support our environment sector, a series of measures will be implemented through the Biodiversity Conversation Plan. The proposed grant program aims to support Biolinks projects, by connecting or improving remnant vegetation and fauna habitat links.

Funding category


Description

Biolinks Support Grant

Up to $10,000


Support incorporated community groups to apply for funding to support implementation of biolinks for fauna habitat.

Supports community groups that have not been able to come together to undertake working bees during the pandemic and enable targeted approach.



Incorporated bushland friends’ groups, Landcare groups, and other interested community groups working to contribute to on-ground biodiversity outcomes through biolinks on private and/or public land are invited to apply.

To be assessed with biolink decision support tool, developed in conjunction with members of Landcare and friends groups. The tool provides the key mechanism for assessment through a feasibility checklist and a comprehensive set of criteria for project assessment.

Social Grants

At the Council Meeting on 11 August 2020, Council resolved:

That the 2020/2021 Community Placemaking, Community Support and Creative Community Grants are open in one round only, from 1 February 2021 for a period of six weeks.

It is proposed to defer the 2020/2021 Community Placemaking, Community Support and Creative Community Grants, and the current Flexi Grants program, and re-direct the allocated budgets towards two new funding streams for Social relief and recovery grants: Funding category


Description

Relief (quick response) Grant

Up to $2,000

(approximately $25,000 – remaining Flexi Grant budget)

Designed to build capacity and resilience of organisations/groups, creative groups and individual artists through activities or initiatives that respond to the impact of COVID-19.

Generally this grant would be applied for when specific needs emerge with such urgency that the applicant is not able to wait for a submission to the COVID-19 Recovery Grant application round.

Administered the same as Flexi Grants, by Shire officer assessment in line with the criteria, to allow for the expedition of the funding to enable applicants to be notified and paid ASAP. Council would be provided with a register of applications via the Councillor Intranet.

Community Recovery Grant

Up to $10,000


To provide assistance for activities that improve health and wellbeing through community connection, collaboration, innovation, artistic intention and social inclusion.

Open in February 2021 for a period of four weeks and tabled at a Council Meeting for determination in April 2021.



FINANCIAL IMPACT

The funds for all proposed programs are currently available in the adopted 2020/21 Annual Budget.


Economic Development and Tourism Units 2020/2021 operational budget $70,000.

Biolinks Support Grant 2020/2021 priority projects Item 1162 Biolinks Support Funding $80,000.

Relief (quick response) Grants Child Youth Family Services 2020/2021 operational budget for Flexi Grants ($35,000) – disbursed $11,000 in Flexi Grants.

As at 8 December remaining funds approximately $24,000.

Community Recovery Grants Child Youth Family Services 2020/2021 operational budget total of $252,000:

Community Placemaking ($112,000)

Community Support ($100,000)

Creative Community Grants ($40,000).

ISSUES

Due to the imminent busy Christmas/New Year holiday period, the following coordinated communications and decision schedule is recommended to be promoted and launched as soon as possible.

Program Round Dates Decision Making Authority and Approval Dates


Open: 1 February 2021

Close: 5 March 2021

Officer Assessment Panel – March/April 2021.

Biolinks Support Grant Open: 8 February 2021

Close: 5 March 2021

Officer Assessment Panel – April 2021.

Relief (quick response) Grants

Open: 18 January 2021

Available until funds are expended

Officer Assessment Panel – within three to four weeks of application submission (as per Flexi Grants).

Community Recovery Grants


Close: 26 February 2021

Council – April 2021.





CONCLUSION

The COVID-19 Relief and Recovery Grant programs utilise existing funding within the current adopted budget.

These grants are proposed as an initial response, prior to Council considering further support measures as part of its mid-year budget processes and following the development of a community led Recovery Plan, with this work planned to commence in early 2021.

RECOMMENDATION

1. That Council endorses the proposed COVID-19 Relief and Recovery Grant Programs for local community business, social and environment sectors.

2. That the 2020/2021 Community Placemaking, Community Support and Creative Community Grants and the current Flexi Grants program be deferred and the allocated budgets be re-directed to the proposed Relief (Quick Response) Grants and Community Recovery Grants.

3. That Council adopts the Guidelines for each program as provided in Attachments 2–5.

4. That Council approves the scheduled release dates and delegate the decision authority for each program as set out in the table below.




Close: 5 March 2021



Close: 5 March 2021




Available until funds are expended.

Officer Assessment Panel – within three-four weeks of application submission (as per Flexi Grants).





5. That Council be provided with a weekly register of the Relief (Quick Response) Grants

via the Councillor intranet portal until the funds are expended.

6. That Councillors are advised of the approved projects from the Business Association COVID-19 Recovery Grant Program and Biolinks Support Grants via a non-verbal briefing note in April 2021.



COUNCIL DECISION Moved: Cr Gill Seconded: Cr Holland

1. That Council endorses the proposed COVID-19 Relief and Recovery Grant Programs for local community business, social and environment sectors.

2. That the 2020/2021 Community Placemaking, Community Support and Creative Community Grants and the current Flexi Grants program be deferred and the allocated budgets be re-directed to the proposed Relief (Quick Response) Grants and Community Recovery Grants.

3. That Council adopts the Guidelines for each program as provided in Attachments 2–5.

4. That Council approves the scheduled release dates and delegate the decision authority for each program as set out in the table below.




Close: 5 March 2021



Close: 5 March 2021




Available until funds are expended.

Officer Assessment Panel – within three-four weeks of application submission (as per Flexi Grants).





5. That Council be provided with a weekly register of the Relief (Quick Response)

Grants via the Councillor intranet portal until the funds are expended.

6. That Councillors are advised of the approved projects from the Business Association COVID-19 Recovery Grant Program and Biolinks Support Grants via a non-verbal briefing note in April 2021.

7. That Council considers further cost cuts and/or borrowing of at least $5 million in the approaching half year Budget review to further help our community recovery from the effects of COVID-19.

8. That emphasis in the review include an individual small business grants program, extension of the hardship policy, grants to support ‘not-for-profit’ volunteer groups who help provide for our most vulnerable and continuation of reduced, waived or deferred fees and charges as presently in place.



Vote by Division (Requested by Cr Gill)

For: Cr Gill, Cr Holland, Cr Marsh, Cr Dixon, Cr Race, Cr McCafferty and Cr Celi.

Against: Cr Mercurio, Cr Fraser, Cr Mar and Cr O’Connor

Carried



3.6 Lease to Fusion Australia Ltd

Prepared By Greg Collins, Team Leader – Property Operations; Nathan Kearsley, Manager - Property and Strategy; Chris Munro, Manager - Social Planning and Community Development

Authorised By Acting Director - Place


Attachment(s) 1. Fusion Information 2. Fusion Existing Buildings Plan 3. Fusion Village Concept Plan 4. Fusion Village Feasibility Report 5. DHHS Advice to the Shire

PURPOSE

The purpose of this report is to seek Council’s approval to enter into a new lease, for a term of five years with a further option for a term of 30 years, with Fusion Australia Ltd (Fusion), over the Shire owned land at 2 Cumberland Drive, Mount Martha.

Council Plan 2017-2021 Strategic Theme

The provision of the proposed lease aligns with the Council Plan as follows:

Theme: Our Place

Community Outcome: Inclusive, functional and inclusive places

Strategic Objective: We create thriving, accessible and including places to live, work and visit

BACKGROUND

Fusion has occupied the site since 1985 and provides accommodation and support for young people from 15 to 21 years of age, who are experiencing homelessness. Eight beds are available on site as supported accommodation, where young people can stay for up to three months, under a lead tenant model, which offers a strong supportive community with live-in mentors providing a sense of stability and a family environment (Attachment 1).

The Shire land is part of the former Balcombe Army Camp, which was acquired by the Shire of Mornington in 1983. The 60 hectares of land was developed in partnership with the Urban Land Authority and sold as residential lots. Shire retained parts of the land including Citation Reserve, Mace Oval, various access reserves and the site occupied by Fusion.

The subject land is 6,279 square metres, zoned General Residential Zone 1 (GRZ1) and has a Heritage Overlay (HO374) for external paint and tree controls. The land was previously the Army Officer accommodation and mess and includes a two storey building comprising bedrooms and bathrooms, kitchen, meeting/recreation rooms and offices (Attachment 2).

Fusion is responsible for fully maintaining and repairing the buildings and improvements including the future replacement of approximately 300 metres of brush boundary fencing at an estimated cost of $65,000.

The current Fusion lease commenced in 2001 and provides for the lease term to be extended each year, subject to Council being satisfied that Fusion has fulfilled the operational criteria, and otherwise complied with its lease obligations.



DISCUSSION

Fusion Village Proposal

Fusion has provided information regarding a supported accommodation proposal for young parents and their babies to be developed on the land (Fusion Village Proposal). The proposal would provide new transitional accommodation including five two-bedroom units, one three-bedroom unit, live-in worker’s residence and common room with bathroom/baby change facilities. The development would require a planning permit and a Cultural Heritage Management Plan for the proposed buildings and works (Attachments 3 and 4 – Feasibility).

The Fusion Village Proposal has been developed and refined to include:

acceptance of young parents from 19 to 25 years, not just young mothers and their babies

intake to only include referrals from the Mornington Peninsula and the south east metropolitan region

a contingency plan to provide transitional accommodation for other young people if any vacancies were to occur beyond the demand from the target group of young parents.

Australian Housing and Urban Research Institute

The Australian Housing and Urban Research Institute has published recent research on the redesign of homelessness service systems for young people. It identified a key policy imperative for youth-specific social housing options that provide the appropriate levels of support for young people. It also supported a place-based community approach to early intervention. The Fusion model has similarities with this approach but flexibility for lengthening the period of residence to more than 3 months, to allow young people more time to progress through education and training would bring greater consistency.

Registered Housing Agencies

Registered Housing Agencies (RHA) are not-for-profit organisations that provide affordable rental housing for low income households and are registered under the Housing Act 1983 (Vic) as either housing associations or housing providers. At 1 January 2020, there were 39 registered agencies in Victoria, consisting of 10 housing associations and 29 housing providers. A housing association must demonstrate that it has the capacity to grow affordable housing at a scale and over time whereas housing providers tend to be smaller housing associations and often specialise in either a particular type of housing (such as rooming houses or co-operatives) or a particular client group (such as people living with a disability).

Fusion is not a registered housing provider. The benefits of registration would include:

exemptions under the Residential Tenancies Act 1987 that are likely to enable a more flexible tenancy management operation to achieve the operational outcomes of the Fusion Village Proposal

a new eligibility to apply for the State Government’s Social Housing Growth Fund (SHGF) and other grant programs for funding to meet capital and operating costs

regulatory oversight by the Housing Registrar acting under the Victorian Department of Treasury and Finance. It seeks to achieve well governed, well managed and financially viable agencies with quality and continuous improvement in service delivery and outcomes for tenants.



The Department of Health and Human Services (the Department) advised that it does not have a policy position regarding the minimum length of lease term a RHA would be required to have over Shire land were it to secure funding from the Department for a housing project on the land.

The Department also advises that where it is providing funding, such as the SHGF, it will depend on the funding arrangements in place by the Department at the time. With the most recent SHGF the availability payments from the Department to RHAs is over 30 years. In this case it would be appropriate for the lease over land to be 30 years plus the time needed for project establishment and approval (which could be two or more years).

Lease Renewal

The Fusion Village Proposal would require a commitment from Council for renewal of the current lease to provide security of tenure for the continued long term use of the land and to secure external funding for the development (the development/construction costs are to be borne by the tenant). Fusion initially requested a new lease term of up to 50 years, which is the longest term permitted for the lease of Shire land, pursuant to the Local Government Act 1989 (1989 Act) and the Local Government Act 2020 (the 2020 Act – Lease of Land provisions are applicable from 1 July 2021). Council could consider this as a suitable length of lease to a Registered Housing Agency (RHA) to maximise the use of the land for social housing and to support the capital investment made.

As discussions have progressed, Fusion was agreeable with a lease term of 21 years plus a period to obtain planning permits and start construction (5 years). In consideration of the Department’s advice (Attachment 5) that a lease term of 30 years would be appropriate, it would be prudent for the proposed lease to be for a term of five years with a further option for 30 years, which may be exercised by Fusion satisfying the requirement to obtain planning permits, funding and the construction process.

Council’s Community Facilities Tenancies Policy applies to all community groups, organisations and sports or social clubs who seek to occupy Council facilities. Lease tenure will generally be five years at subsidised rental of $520 per annum plus GST with CPI adjustment. Council has recently agreed to enter into new community facility leases including kindergartens, men’s sheds and community gardens, for terms varying from three to 10 years.

Should Fusion not secure planning approval or funding for the Village proposal, the risk to Council of entering into a long term lease with Fusion, will potentially lock up the land for any other use.

If a long term lease is agreeable, a reasonable condition would be that if a planning permit and construction of Village development has not started within five years of the lease commencement date (with options for extension), the lease may be altered or terminated by Council. Further lease conditions would include providing regular reporting that Fusion has fulfilled the operational criteria and intake model of both the current accommodation and Village Proposal, and otherwise complied with its lease obligations.

Property Maintenance

Council’s Community Facilities Tenancies Policy generally provides for Council providing repair and maintenance to the premises. There are however a few community facility leases whereby the tenant is wholly responsible for repair, maintenance and improvements due to the varying nature of the permitted uses and type of asset being utilised. These facilities include:

311 Racecourse Road, Mornington – leased to Connecting Skills Australia



25 Leon Avenue, Rosebud – Leased to GenU

2 Cumberland Drive, Mount Martha – leased to Fusion Australia Ltd.

Council Land Value

Council’s Senior Valuer has assessed the market value of the land at $3,140,500 and with a market rent value of $125,400 per annum excluding GST and tenant outgoings. A subsidised rental of $520 per annum will result in Council effectively contributing some $125,000 per annum to Fusion.

Process

Section 190 of the Local Government Act 1989 provides that Council must, at least 4 weeks before a lease is made, publish a notice of the proposed lease if the proposed lease:

1.1 Is for 1 year or more and:

1.1.1 The rent under the proposed lease will be $50,000 or more a year; or

1.1.2 The current market rent value of the land is $50,000 or more a year.

1.2 Will be for 10 years or more; or

1.3 Will require the lessee to perform building or improvement works.

Council will therefore be required to publish notice of its intention to enter into the lease and consider any submissions received, in accordance with section 223 of the 1989 Act, before the lease can be granted.



CONCLUSION

The proposed lease will provide Fusion with security of tenure over the land and enable it to develop the Fusion Village Project and continue to deliver important services and support to young people and young parents from our community.

RECOMMENDATION

1. That Council, pursuant to section 190 of the Local Government Act 1989 (1989 Act), advertises its intention to enter into a lease with Fusion Australia Ltd and considers any submissions received in accordance with section 223 of the 1989 Act.

2. That provided no submissions are received, Council agrees to enter into the lease on the following general terms:

A. Tenant: Fusion Australia Ltd.

B. Leased Premises: The land contained in Lot 150 on the plan of subdivision and known as 2 Cumberland Drive, Mount Martha.



C. Permitted Use: Operation of youth outreach, provision of supported accommodation, offices and accommodation for program leaders including the development of the Fusion Village Proposal.

D. Term: 5 years with an option of one further term of 30 years, the exercise of which is conditional on the start of the construction of the Village Proposal within the first term with any request for extension of the first term to be considered by and require a resolution of Council.

E. Rental: $520 per annum plus GST adjusted annually to CPI (Melbourne).

F. Outgoings: All outgoings including, but not limited to, rates, taxes, utility services, fire services levy, minimum $20 million public liability insurance, building and contents insurances shall be payable by the tenant.

G. Repair and Maintenance: All building maintenance, repair, and improvements shall be the responsibility of the tenant, including replacement of 300 metres of brush boundary fencing within the first lease term.

H. Registered Housing Agency: Fusion becomes a registered housing provider pursuant to the Housing Act 1983 (Vic) within the first lease term, with registrationto be classified as an ‘essential term of the lease’.

3. That the Common Seal of the Mornington Peninsula Shire Council be affixed where necessary and the relevant documentation signed by an authorising officer.

COUNCIL DECISION Moved: Cr Celi Seconded: Cr Dixon

That the recommendation be adopted.

Carried Unanimously



3.7 Community Engagement Survey Results

Prepared By Dawn Loh, Community Engagement Coordinator

Authorised By Executive Manager - Communications and Events


Attachment(s) 1. Community Engagement Strategy

PURPOSE

The purpose of this report is to provide Council with a summary of the feedback received during the public exhibition period and seek Council approval of the Community Engagement Strategy (Strategy) (Attachment 1).

BACKGROUND

The draft Strategy was developed in response to changes to the new Local Government Act 2020 (the Act) and recognition by Council that to deliver on the obligations of the Act and expectations of the community a more integrated and consistent community engagement strategy, skillset and process was required.

The Act stipulates a commitment to incorporate community preferences and choices using deliberative engagement practices. This is to ensure that a fair and equitable representation of community views inform Council decision-making.

To meet the new legislative requirement, a small multi-disciplinary team (our Community Engagement Taskforce) has been working alongside Councillors and with input from staff, to develop the Strategy and supporting framework that draws on best practice approaches across local government.

This increased focus on community engagement also presents the organisation with an opportunity to increase staff capability and capacity and build valuable community engagement knowledge transfer.

The Strategy was taken to a Council briefing on 21 July 2020 where Councillors provided valuable input and feedback which was incorporated into the Strategy.

On 25 August 2020, Council resolved at its meeting:

That Council endorses the draft Community Engagement Strategy and for the Strategy to be placed on public exhibition and circulated to Mornington Peninsula community groups, community associations and businesses for their reference and feedback for the period 27 August 2020 to 22 September 2020.

Due to COVID-19 and social distancing restrictions, face to face engagement and consultation could not occur. However, during the 27 August 2020 to 22 September 2020 public exhibition period, consultation was undertaken via a Have Your Say webpage and survey (community and staff) and promoted through a media release, newspaper advertising, social media posts, direct emails to advisory groups and committees, word of mouth, the Mornington Peninsula Shire’s (Shire’s) internal staff newsletter and in Council’s Community Newsletter which has a distribution of 60,000 and reaches a large proportion of business and community groups and associations across the Shire.

A total of 143 responses were received. The survey consisted of 15 core quantitative questions that allowed for percentage analysis. Some of the questions included a qualitative



follow-up component to enable further analysis to seek clarity and rationale for responses to enrich the quantitative data.

DISCUSSION

Summary of the engagement

Responses were grouped into the following areas to highlight key findings:

understanding and acceptance of proposed Strategy and principles

topics of relevance/interest for the community and level of preferred engagement

previous engagement experience with Council

barriers to engagement and engagement continuity.

Overview of feedback

Overall, most of the respondents reported a strong resonance with the principles in the Strategy and they understood our proposed approach towards community engagement when reviwing the Strategy. Based on previous experience with the Council, they thought a deeper level of collaboration with the Council would yield smarter decision-making to benefit the community overall. There were no significant concerns raised. Rather, a noted barrier was a lack of awareness of consultations, rather than the process itself.

Key results and findings from the survey give us important baseline data to take into consideration when planning, implementing and evaluating future community engagement.

There was a significant preference for online engagement such as meetings, workshops and surveys (80%).

Respondents indicated a strong readiness to engage in deliberative dialogue (70%).

In terms of past engagement experience with the Shire, the respondents believed that while the intent of a project is made clear (47%), there are significant gaps in how the Shire communicates the process and there is a perception that community do not have sufficient agency to influence or make an impact.

83% of the respondents agreed with the engagement principles and 65% understood the Shire’s approach to community engagement.

However, when asked if they were confident that the Council will consider community views when making decisions, only 40% responded yes. This relatively low score is due to past experience – more than about the Strategy itself. ‘Show, don’t tell’ was the indication given overall by the respondents.

When asked about topics or issues where they would like to be able to influence or make an impact, the most common responses were, planning, community services, infrastructure, mental health, environment and budgets.

When asked to elaborate on their expectations on participation levels, respondents wanted to be informed on how their input was used, and they wanted to be part of the process to find solutions and alternative options with the Council: traits of deliberative community consultation.

A key barrier to active engagement was the lack of awareness about the consultations (45%).



A follow up question then asked for their preferred times to participate in Council consultations on topics of interest to them. Weekday office hours and evenings were most popular options with 40% each.

Engagement continuity was important to these respondents. 80% of respondents expressed interest to stay involved in this project by providing contact details.

Further details of the survey results will be presented during the Council Meeting.

ISSUES

The results and feedback from the public exhibition and consultation (27 August 2020 to 24 September 2020) not only validate community support for the draft Strategy but also uncover an enthusiastic readiness from the community to engage with Council. The current gaps identified from the survey will inform actions to be included in the Framework so that these gaps can be translated into areas for improvement.



CONCLUSION

To date, the development of the Community Engagement Strategy has been governed by recognised local government community engagement best practice, substantive internal and external consultation and now evidence-based insights. Therefore, the endorsement of this Strategy is a significant milestone in establishing our approach to advance the development, implementation and evaluation of community engagement for the Council.

The endorsement of the Strategy constitutes the first step in shifting Council’s approach to undertaking community engagement that is insightful, sustainable and most importantly to meet the needs and expectations of our community for many years to come.

RECOMMENDATION

That Council endorses the Community Engagement Strategy (Attachment 1) after taking into consideration community recognition and support of the Strategy from public consultation (27 August 2020 to 24 September 2020).

COUNCIL DECISION Moved: Cr Celi Seconded: Cr Holland

1. That Council endorses the Community Engagement Strategy (Attachment 1) after taking into consideration community recognition and support of the Strategy from public consultation (27 August 2020 to 24 September 2020).

2. That the last paragraph on page 3 of the Community Engagement Strategy be amended to read:

We are committed to the cultural safety of older people of Aboriginal and Torres Strait Islander, culturally, linguistically diverse, religious and LGBTI backgrounds.

Carried Unanimously



Adjournment of Meeting

Moved: Cr Celi Seconded: Cr Race

That the Council Meeting be adjourned at 9.42pm for a short recess.

Carried

Resumption of Meeting

Moved: Cr Celi Seconded: Cr Marsh

That the Council Meeting be resumed at 9.52pm.

Carried



3.8 2021 Council and Committee Meeting and Briefing Timetable

Prepared By Tegan Lewis, Senior Council Reports Officer

Authorised By Head of Governance and Legal


Attachment(s) 1. 2021 Council and Committee Meeting and Briefing Timetable

PURPOSE

The purpose of this report is to recommend the adoption of a meeting schedule and timetable for the 2021 year, in accordance with the Mornington Peninsula Shire’s (Shire’s) Governance Rules (Meetings Procedure, Election Period and Conflict of Interest).

BACKGROUND

Clause 3 of the Governance Rules requires that ‘At or before the last Meeting each calendar year, Council must fix the date, time and place of all Council Meetings and any Delegated Committee meetings for the following calendar year.’

DISCUSSION

The proposed 2021 Council and Committee Meeting and Briefing Timetable (Attachment 1) has been prepared to accommodate Council’s formal meeting processes and provides for the continuation of briefings and workshops, including those weeks where formal meetings are not scheduled.

The meeting and briefing structure (noting that it is not always the same in each month) is generally as follows:

thirteen Council Meetings are held throughout the year, all scheduled on Tuesdays (Monday, 1 November being the exception due to the Melbourne Cup public holiday falling on the Tuesday) commencing at 6.30pm

six Planning Services Committee Meetings are held throughout the year scheduled on Tuesdays commencing at 6.30pm, with Planning Services Briefings held from 4.30pm to 6.00pm, prior to the Planning Services Meeting

nineteen Council Briefings are held on Tuesdays commencing at 12.00pm and concluding at 3.00pm

Council Meetings and Briefings are not held during the Victorian Government school holidays

additional Council Briefings and Workshops are held as required

Forward Planning Committee and Section 223 Submission Committee Meetings are held at a time and place as required

Committee of the Whole Meetings are held as required.

It should be recognised that the formal meeting process is only one aspect of a Councillor’s role. Apart from the multitude of community meetings, events and activities, Councillors are involved in briefings and workshops which play an important role in the decision forming



process. The formal Council and Committee Meetings reflect the finalisation or formal decisions of the Council.

The agenda items or business for each of the meetings is summarised as follows.

Council Meetings

Council Meetings, consisting of all Councillors, deal with a variety of items including strategies, master plans, policies, leases and consider non-delegated recommendations from the Audit Committee and Forward Planning Committee and where appropriate, other Council Committees. The Council Meeting also considers business not dealt with in the committee structure.

Planning Services Committee Meetings

Consists of all Councillors and operates under an Instrument of Delegation to determine all planning matters in accordance with the Council Plan and the Planning and Environment Act 1987. This includes town planning applications, planning scheme amendments and strategic plans.

Forward Planning Committee Meetings

An advisory committee consisting of all Councillors and deals with items of a strategic and policy nature. Meetings are essentially community consultation forums and are held on an ‘as needs’ basis on specific topical issues. The recommendations are forwarded to the next available Council Meeting for consideration.

Section 223 Submission Committee Meetings

The Section 223 Submission Committee meets on an ‘as needs’ basis and hears submissions in accordance with the requirements of section 223 of the Local Government Act 1989. It consists of three Councillors and reports to the next appropriate Council Meeting on the submissions heard.

The membership of the Section 223 Submission Committee is three Councillors on a rotational basis for six months each. In addition, a Councillor is able to be seconded to the Committee with the agreement of the rostered Councillor, where a quorum may not be achieved, or where an issue is of particular relevance to a particular Councillor or the Ward Councillors.

Cemetery Trust Committee Meetings

Mornington Peninsula Cemetery Trust manages and maintains four cemeteries on the Mornington Peninsula located at Mornington, Dromana, Flinders and Tyabb. The Mornington Peninsula Cemetery Trust (the Trust) acts independently of Council and is appointed in accordance with the requirements of the Cemeteries and Crematoria Act 2003. Members can be appointed for a period of up to five years and all appointments require approval by the Governor in Council. Three Councillors are appointed to the Trust. The Trust meets four times per year, with scheduling determined by the Trust.

Audit and Risk Committee Meetings

The Audit and Risk Committee meets approximately five times per year, four normal meetings and one for financial and performance statements. The Committee consists of two Councillors and three independent community members. The scheduling of the meetings is determined by the Committee with the 2021 dates set to be determined at the 3 December Meeting. The purpose of the Audit and Risk Committee is to assist Council in the discharge of its responsibilities for financial and performance reporting, maintaining a reliable system



on internal controls and fostering the organisation’s the organisation’s ethical development. The recommendations are forwarded to the next available Council meeting.

Committee of the Whole

The Committee of the Whole was established on 28 November 2017 and consists of all 11 Councillors, but the meetings are not considered formal Council meetings and no final decisions are made. Recommendations can be made to Council that must be considered at a properly convened Council Meeting in order to be acted on or implemented.

Committee of the Whole Meetings provide an opportunity for Mayor and Council to discuss issues less formally and in advance of actual decision making and to workshop ideas and proposals before being advanced to Council Meetings for formal approval.

Recommendations from the Committee of the Whole appear on the Council Meeting agenda under the Reports of Committee section. Examples of items to be considered by this committee include Chief Executive Officer (CEO) Performance Appraisal, CEO Remuneration and CEO Contract Considerations.

Meeting Process

The procedures and rules relating to the governing of all meetings are provided for in Council’s Governance Rules (Meetings Procedure, Election Period and Conflict of Interest) and the requirements of the Local Government Act 2020. Meetings will be open to members of the public except where Council or the Committee resolves that the meetings be closed to members of the public in accordance with the Act.



CONCLUSION

The proposed timetable (Attachment 1) shows suggested dates for Council and Planning Services Committee Meetings and Briefings it should be noted that meetings of the Forward Planning Committee and Section 223 Submission Committee will be convened as required.

RECOMMENDATION

That Council adopts the Council and Committee Meeting and Briefing Timetable for the period 1 January 2021 to 31 December 2021 as set out in Attachment 1.

COUNCIL DECISION Moved: Cr Fraser Seconded: Cr Holland

That Council adopts the Council and Committee Meeting and Briefing Timetable for the period 1 January 2021 to 31 December 2021 as set out in Attachment 1 with the following changes:

That a Planning Services Briefing and Meeting be scheduled for Wednesday 27 January 2021 commencing at 4.30pm and 6.30pm respectively.

That the commencement time of the Planning Services Briefing and Meeting for Tuesday 23 November 2021 be amended to 4.30pm and 6.30pm respectively.



That the briefing session scheduled for 14 December be amended to a Council Meeting.

That the commencement time of the Council Meeting for Tuesday 7 December 2021 be amended to 6.30pm.

Vote by Division (Requested by Cr Gill)

For: Cr Celi, Cr Fraser, Cr Holland, Cr Marsh, Cr O'Connor, Cr Dixon, Cr Race, Cr McCafferty, Cr Mar and Cr Mercurio

Against: Cr Gill

Carried



4 COUNCILLORS AND DELEGATES REPORTS

At each Council Meeting, all Councillors will have the opportunity to provide an overview of any meetings attended as an appointed representative of Council.

If a Councillor chooses to provide details, the name of the conference/event and the Councillor attending will be noted in the Minutes for that meeting. If a Councillor requires additional information on the conference/event to be included in the Minutes, the Councillor must submit it in writing to Governance by 12.00 noon the day following the meeting.

Association/Committee Representative/s Substitute Representative/s

Shire Contact

Arts and Culture Advisory Panel

Cr Gill Cr Race Karina Lamb, Manager – Libraries, Arts and Culture

Association of Bayside Municipalities

Cr Holland Cr Marsh Laura Crilly and Zac Grimes, and Hayden Forrest, Strategic Planners – Coastal

Audit and Risk Committee Cr Holland Cr Marsh

Cr Fraser Mark Brady, Director – Corporate Services

Australia Day Committee Cr Holland Cr Mercurio Danni Morrissey, Events Marketing Officer

Australian Coastal Councils Cr Mar N/A Laura Crilly and Zac Grimes, Hayden Forrest, Strategic Planners – Coastal

Bass Park Trust Vacant N/A Amanda Sapolu, Head of Governance and Legal

Community Consultative Committee on Gaming

Cr Mercurio Cr Holland Roz Franklin, Senior Social Planner, Housing Justice and Advocacy

Communities That Care (CTC)

Cr Celi Cr McCafferty Rebekah Popplewell, Communities That Care Coordinator

Disability Advisory Committee Cr McCafferty Cr Mercurio Virginia Richardson, Disability Inclusion Officer

First Shot Committee Cr Fraser Cr Mercurio Amanda Sapolu, Head of Governance and Legal

Health and Wellbeing Committee

Cr Celi Cr Mar Cr McCafferty

Kate Hills, Senior Social Planner – Health and Wellbeing

Innovation Advisory Committee

Cr Mar Cr Marsh Cr Race

N/A Tania Treasure, Executive Manager – Innovation and Advocacy

Inter Council Aboriginal Consultative Committee

Cr McCafferty Cr Race Deb Mellett, Senior Planner – Aboriginal Culture and Community Development




Shire Contact

Interface Councils Cr O’Connor Cr Dixon Tania Treasure, Executive Manager – Innovation and Advocacy

Keep Victoria Beautiful Tidy Towns – Sustainable Communities Awards

Cr Dixon Cr Mercurio

Cr Race Melissa Burrage, Manager – Climate Change, Energy and Water

Literacy Advisory Committee Cr O’Connor Cr McCafferty Karina Lamb, Manager – Libraries, Arts and Culture

Metropolitan Transport Forum Cr Race Cr McCafferty Tom Haines-Sutherland, Team Leader – Traffic and Transport

Metropolitan Waste and Resource Recovery Forum

Cr Mar Cr Celi Daniel Hinson, Team Leader – Waste Services

Mornington Liquor Industry Accord

Cr Holland Cr Mercurio Tania Treasure, Executive Manager – Innovation and Advocacy

Mornington Peninsula and Western Port Biosphere Reserve Foundation – Council Liaison Group

Cr McCafferty Cr Dixon Simon Thorning, Team Leader – Natural Systems

Mornington Peninsula Cemetery Trust

Cr Celi Cr Dixon Cr O’Connor

N/A Nathan Kearsley, Manager – Property and Strategy

Mornington Peninsula Friends of Lospalos

Cr Fraser Cr Mercurio Chris Munro, Manager – Social Planning and Community Development

Mornington Peninsula Regional Tourism Board – Tourism Industry Leaders Forum

Cr Dixon Cr Mar

N/A Tania Treasure, Executive Manager – Innovation and Advocacy

Municipal Association of Victoria (MAV)

Cr O’Connor Cr Race Amanda Sapolu, Head of Governance and Legal

MAV Emergency Management Committee

Cr Marsh Cr Mar Brett Fletcher, Emergency Management Officer

MAV Planning Committee Cr Mar N/A Amanda Sapolu, Head of Governance and Legal

Peninsula Advisory Committee for Elders (PACE)

Cr Dixon Cr Celi Jo Bradshaw, Manager – Aged and Disability Services

Point Nepean National Park Management Advisory Committee

Cr Fraser N/A Allan Cowley, Manager – Strategic Projects




Shire Contact

South East Councils Climate Change Alliance

Cr McCafferty Cr Race Nicci Tsernjavski, Climate Change Partnerships Officer and Chris Yorke, Energy and Carbon Management Officer

South East Melbourne (SEM) Cr O’Connor N/A Tania Treasure, Executive Manager – Innovation and Advocacy

Triple A Housing Committee Cr Celi Cr Mar Cr McCafferty

Roz Franklin, Senior Social Planner, Housing Justice and Advocacy

Victorian Local Governance Association (VLGA)

Cr Race Cr Holland Amanda Sapolu, Head of Governance and Legal

Mornington Peninsula Friends of Lospalos (Cr Hugh Fraser)

On 6 November 2020, the restructured and now incorporated charity Mornington Peninsula Friends of Lospalos Incorporated ran an on line virtual fundraiser to mark the inauguration of the new Friends of Lospalos, now incorporated, a registered charity and with Australian Tax Office deductable gift recipient endorsement (DGR) and all working with the Mornington Peninsula Shire under a memorandum of understanding recently signed with Council.

Special guests were Her Excellency Ines Maria De Almeida, the Timor-Leste Ambassador to Australia, Peter McMullin, Timor-Leste Consul in Victoria, and Graeme Wise of the Wise Foundation – all of whom spoke of their work for the Timorese of Timor-Leste and what can be done by the Mornington Peninsula and its Friends to further this work.

There was a performance by ‘Mystic Trio’ – a musical group with its roots in Timor-Leste.

A silent auction was held to raise funds for the construction of the first of three desperately needed community meeting houses in the villages – or sucos- near Lospalos. The Friends recently provided $8,000 for the first of these houses at Racau village. The silent auction raised over $5,000 towards this project.

Details of these projects and the on line video of the function can be found on the Friends of Lospalos website – friendsoflospalos.org – and on facebook friends of Lospalos.

We can all assist with these projects by buying on line the excellent Prospect ‘Friends of Lospalos’ wines – Australian red, white and superior sparking – fabulous Christmas presents – and Timorese coffee from Tim Rodgers Fine Furniture, 45 Peninsula Avenue, Rye (in the Rye industrial estate) – excellent value for top coffee $15 for 250 grams – ground or beans – all excellent Christmas presents, the proceeds of which will go to the work of the Friends of Lospalos in Timor-Leste. And you can all make an on line tax deductible donation at any time!

Obrigada – thank you from the people of Lospalos, Timor Leste.



5 NOTICES OF MOTION

Notices of Motion must be received five (5) clear business days prior to a meeting.

5.1 Notice of Motion 265 (Cr Marsh)

Cr Anthony Marsh has given notice of his intention to move the following motion at the meeting.

That the Prayer to be included in the Council Agenda papers be read as follows:

“We pledge that this Council will act in the best interests of the entire Mornington Peninsula community. We will conduct our deliberations and make decisions with an open mind and on each item’s individual merit. We further commit to carry out our duties impartially and in good faith, treating each other with respect, dignity and kindness, and at all times, acting in accordance with the Councillor Code of Conduct and Governance Rules”.

Officer Comment Prepared by Amanda Sapolu, Head of Governance and Legal

Authorised by Head of Governance and Legal

OFFICER COMMENT

The Governance Rules (Meetings Procedure, Election Period and Conflict of Interest) 2020 adopted on 25 August 2020, provide at clause 3(7) that the content, format, presentation and order of items on Council Meeting agendas will include, but not be limited to: ….(c) Prayer…

Under section 60(4) of the Local Government Act 2020, a Council must ensure that a process of community engagement is followed in developing or amending its Governance Rules.

Accordingly, as the deletion of the prayer from the Council Meeting would constitute an amendment of the Governance Rules, it should be undertaken with community engagement.

However, the form of the prayer is not prescribed. Therefore, it is in the remit of the Council to determine what the text of the prayer should be.

Legal Implications

There does not appear to be any legal implications.

Financial and Resourcing Implications

There are no financial or resourcing implications.

Potential Alternative Wording

Nil.



COUNCIL DECISION Moved: Cr Marsh Seconded: Cr McCafferty

That the Prayer to be included in the Council Agenda papers be read as follows:

We pledge that this Council will act in the best interests of the entire Mornington Peninsula community. We will conduct our deliberations and make decisions with an open mind and on each item’s individual merit. We further commit to carry out our duties impartially and in good faith, treating each other with respect, dignity and kindness, and at all times, acting in accordance with the Councillor Code of Conduct and Governance Rules.

Vote by Division (Requested by Cr Marsh)

For: Cr Marsh, Cr Dixon, Cr Mercurio, Cr Race, Cr McCafferty and Cr O’Connor

Against: Cr Gill, Cr Holland, Cr Fraser, Cr Mar and Cr Celi

Carried Extension of Meeting Time Moved: Cr Gill Seconded: Cr Celi That the Council Meeting be extended to 11.30pm.

Carried



5.2 Notice of Motion 266 (Cr Fraser)

Cr Hugh Fraser has given notice of his intention to move the following motion at the meeting.

1. That the Chief Executive Officer provides to Councillors on or before 14 December 2020 a detailed written briefing as to the implementation of each of the measures detailed in the June 2019 Personal Watercraft Advocacy Paper and with what result, what remains to be implemented and when.

2. That the briefing also detail the broader summer 2020/2021 plan including the engagement of the Environmental Protection Unit with Marine Safety Victoria and the presence of Community Safety Officers patrolling southern Peninsula beaches and a communications strategy.

Background

Reference will be made to the June 2019 Personal Watercraft Advocacy Paper:

https://www.mornpen.vic.go.au/Building-Planning/Coastal-Planning/Future-of-our-foreshore#section-4

Officer Comment Prepared by Nathan Kearsley, Manager – Property and Strategy John Rankine, Manager – Environment Protection

Authorised by Jess Wingad, Interim Director – Place

OFFICER COMMENT

Item 1

Over the 2018/2019 summer, the Shire publicly exhibited the briefing paper titled ‘Personal Watercraft [PWC including Jet skis] Zones and Usage’. This was to capture community sentiment and submissions regarding possible personal watercraft rule changes. Overall, 177 submissions were received which helped to inform the Advocacy Paper adopted by Council on 25 June 2019. This paper categorised the proposed changes into four themes of:

1. Greater physical separation of PWC and swimmers

2. Regulatory changes

3. Licencing restrictions

4. Greater education and enforcement.

This Advocacy Paper was put to the peak authority, Maritime Safety Victoria (MSV).

To date, MSV has not adopted or implemented Items 1 to 3 of the Advocacy Paper. The Environment Protection Unit has worked with MSV to enhance enforcement processes (Item 4).

MSV introduced a new safety rule on 16 December 2019 which is commonly known as the ‘irregular riding’ rule, which comes with a fine of $330 for those in breach of this rule. Shire officers were subsequently trained up to help with the enforcement of this rule. The rule is to prevent PWC users riding in an erratic manner and covers the following:

weaving or diverting course that another person would be unable to predict



surfing down or jumping over or across any waves, wake or wash

freestyling, which includes manoeuvres such as sharp turns, circular or semi-circular operation of the personal watercraft.

In preparation for the upcoming summer, the Shire has requested Mr Cameron Toy (MSV Director) on 26 November 2020 to provide a response to all items within the June 2019 Advocacy Paper. At time of writing, no formal response has yet been received.

Item 2

The Community Safety team has commenced daily beach patrols across all Shire managed and most Department of Environment, Land, Water and Planning Committee of Management managed beaches. The main focus is on responsible animal management, ensuring dog owners respect the summer controls on beaches. Officers will also observe jet ski rider behaviour and report problems back to Victoria Police. Community Safety Officers will also work with Victoria Police and MSV in any specific compliance events, linking into the communications plan. Last year marine safety was well promoted and the Australia Day weekend boat and jet ski safety checks were well received.

COUNCIL DECISION Moved: Cr Fraser Seconded: Cr Race

1. That the Chief Executive Officer provides to Councillors on or before 14 December 2020 a detailed written briefing as to the implementation of each of the measures detailed in the June 2019 Personal Watercraft Advocacy Paper and with what result, what remains to be implemented and when.

2. That the briefing also detail the broader summer 2020/2021 plan including the engagement of the Environmental Protection Unit with Marine Safety Victoria and the presence of Community Safety Officers patrolling southern Peninsula beaches and a communications strategy.

Carried Unanimously



5.3 Notice of Motion 267 (Cr Fraser)

Cr Hugh Fraser has given notice of his intention to move the following motion at the meeting.

1. That on or before 14 December 2020 the Chief Executive Officer provides Councillors with a detailed written briefing as to all current planning applications, consents by the Department of Environment, Land, Water and Planning and its Secretary, litigation in the Victorian Civil and Administrative Tribunal and Supreme Court of Victoria and applications to Land Use Victoria concerning the land of W Everton Park Pty Ltd, Mr Lindsay Fox and Mrs Paula Fox at Point King beach, Sorrento.

2. That the Chief Executive Officer arrange for the documents referred to in paragraph 1 to be independently reviewed by appropriately qualified legal practitioners skilled in property, administrative and planning law and advice provided to Council as to whether Council has any and if so what interest in such litigation and applications and their result or potential result.

Background

Reference will be made to the Council 24 July 2020 letter to the Department of Environment, Land, Water and Planning and to Council resolutions of 11 August 2020, 25 August 2020 and 1 September 2020.

Officer Comment Prepared by Amanda Sapolu, Head of Governance and Legal

Authorised by Head of Governance and Legal

OFFICER COMMENT

By way of background, this matter was raised by Cr Fraser via urgent business on 14 July 2020. The urgent business required Council to review any applications in the Office of Land Titles in relation to the boundary of the land of Lindsay Fox or any related persons on the Point King Sorrento Foreshore, to ascertain if Council has any interest in the matter.

A report was brought to Council on 11 August 2020 that reviewed the plaintiff’s application. In summary, that report found:

That the Supreme Court action related to a decision of the Minister to exempt himself from the requirements under the Planning and Environment Act 1987 (the Act) as it relates to giving notice of a Planning Scheme Amendment.

The claim in this matter is not against the Council, nor is it against the Council’s decision to refuse the Planning Scheme Amendment.

The claim does not relate to the decision of the Minister to allow the change in boundary to include the additional land.

At its meeting of 11 August 2020, Council passed a resolution that included ..that the defence and any reply to any court orders as to the conduct of the Supreme Court proceedings be reviewed by the Chief Executive Officer… and that a further report be brought.

Council has made applications to the Supreme Court to obtain the file and has made a Freedom of Information application to the Department of Land Titles and the relevant documents have been obtained.



Council officers have received all the relevant documentation and can arrange for a briefing of those documents.

Officers are able to have those items reviewed with appropriate legal advice.

Legal Implications

There are no legal implications attached to reviewing the documents or seeking the advice. There are potential legal implications in implementing any advice.

It is worth noting that Council is not a party to this proceeding, nor has the applicant or respondent indicated their intention to join Council to the proceedings. This is a matter between a private citizen and the Minister for Planning.

Financial and Resourcing Implications

If Council reviews this matter internally, there will be no financial implications and resources can be focused on this matter. If Council is required to go externally for a legal advice there will be financial implications. The financial implications are likely to be between $5,000 and $10,000.

Potential Alternative Wording

Nil.

COUNCIL DECISION Moved: Cr Fraser Seconded: Cr Mercurio

1. That on or before 14 December 2020 the Chief Executive Officer provides Councillors with a detailed written briefing as to all current planning applications, consents by the Department of Environment, Land, Water and Planning and its Secretary, litigation in the Victorian Civil and Administrative Tribunal and Supreme Court of Victoria and applications to Land Use Victoria concerning the land of W Everton Park Pty Ltd, Mr Lindsay Fox and Mrs Paula Fox at Point King beach, Sorrento.

2. That the Chief Executive Officer arrange for the documents referred to in paragraph 1 to be independently reviewed by appropriately qualified legal practitioners skilled in property, administrative and planning law and advice provided to Council as to whether Council has any and if so what interest in such litigation and applications and their result or potential result.

Carried



6 URGENT BUSINESS

Under Council's Governance Rules (Meetings Procedures, Election Period and Conflict of Interest) no business may be admitted as urgent business unless it:

1. relates to a matter which has arisen since distribution of the Agenda

2. cannot because of its urgency, be reasonably listed in the Agenda of the next Council Meeting

3. Councillors by a majority vote, vote in favour of a matter being dealt with as urgent business.

Nil.



7 CONFIDENTIAL ITEMS

Advice to the Public

All reports, information and recommendations contained in ‘Section 7 – Confidential Items’ of this Agenda have been designated by the Chief Executive Officer as confidential pursuant to section 66 (2) (a) of the Local Government Act 2020.

MEETING CLOSED TO THE PUBLIC

The Council may resolve that the meeting be closed to members of the public in accordance with section 66 (5) (a) of the Local Government Act 2020 if the meeting is discussing any of the following:

(a) Council business information, being information that would prejudice the Council's position in commercial negotiations if prematurely released;

(b) Security information, being information that if released is likely to endanger the security of Council property or the safety of any person;

(c) Land use planning information, being information that if prematurely released is likely to encourage speculation in land values;

(d) Law enforcement information, being information which if released would be reasonably likely to prejudice the investigation into an alleged breach of the law or the fair trial or hearing of any person;

(e) Legal privileged information, being information to which legal professional privilege or client legal privilege applies;

(f) Personal information, being information which if released would result in the unreasonable disclosure of information about any person or their personal affairs;

(g) Private commercial information, being information provided by a business, commercial or financial undertaking that:

(i) Relates to trade secrets; or

(ii) If released, would unreasonably expose the business, commercial or financial undertaking to disadvantage;

(h) Confidential meeting information, being the records of meetings closed to the public under section 66(2)(a);

(i) Internal arbitration information, being information specified in section 145;

(j) Councillor Conduct Panel confidential information, being information specified in section 169;

(k) Information prescribed by the regulations to be confidential information for the purposes of this definition; and

(l) Information that was confidential information for the purposes of section 77 of the Local Government Act 1989.



RECOMMENDATION

That Council considers the confidential report listed below in a meeting closed to the public in accordance with section 66 (2) (a) of the Local Government Act 2020:

7.1 Australia Day Local Award Winners 2021 This matter is considered to be confidential under section 3 (1) (f) of the Local Government Act 2020 as it contains information in relation to personal information. COUNCIL DECISION Moved: Cr Fraser Seconded: Cr Gill




8 MEETING CLOSE

As there was no further business, the meeting closed at 11.22pm.

Confirmed this 9th day of February 2021

…………………………………………………. Mayor, Cr Despi O’Connor, Chairperson - Council

Documents

CO 20201208 MIN 2455