Special Meeting (Statutory) A G E N D A · Council meeting dates are posted in the Davey Street and Young Street entranceto s the Civic Centre (upper level) and also on our website,

FRANKSTON CITY COUNCIL

Special Meeting (Statutory)

A G E N D A

7 November 2016

SP198

COUNCIL CHAMBERS

Gallery

Dennis Hovenden

Chief Executive Officer

Tim Frederico Director

Corporate Development

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Cr A

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Cr. H

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Cr. O

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Cr. Mayer

Council C

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A138471 – 14 April 2015

THE COUNCIL MEETING

Welcome to this Meeting of the Frankston City Council

The Council appreciates residents, ratepayers and other visitors taking their places in the Public Gallery, as attendance demonstrates an interest in your Council and community affairs. Community spirit is encouraged.

This information sheet is designed to help you to understand the procedures of Council and help you to gain maximum value from your attendance.

The law regarding the conduct of Council meetings enables the public to observe the session. However, to ensure the manageability of Council meetings, opportunities for public participation are limited to Question Time and registered submissions in accordance with Council’s guidelines, which are available from Council’s CEO Office (call 9768 1632) and on our website, www.frankston.vic.gov.au. It is not possible for any visitor to participate in any Council debate unless specifically requested by the Chairperson to do so.

If you would like to have contact with Councillors or Officers, arrangements can be made for you to do so separately to the meeting. Call Frankston City Council on 9768 1632 and ask for the person you would like to meet with, to arrange a time of mutual convenience.

When are they held?

Generally speaking, the Council meets formally every three (3) weeks on a Monday and meetings start at 7.00 pm, unless advertised otherwise.

Council meeting dates are posted in the Davey Street and Young Street entrances to the Civic Centre (upper level) and also on our website, www.frankston.vic.gov.au.

Governance Local Law No. 1 – Meeting Procedure

34. Chair’s DutyAny motion which is determined by the Chair to be:

(1) defamatory of or embarrassing to any Councillor, member of Council staff or other person;

(2) abusive or objectionable in language or nature;

(3) a direct negative of the question before the Chair;

(4) vague or unclear in intention;

(5) outside the powers of Council; or

(6) irrelevant to the item of business on the agenda and has not been admitted as Urgent Business, or purports to be an amendment but is not,

must not be accepted by the Chair.

http://www.frankston.vic.gov.au/


The Council Meeting cont……

A138471 – 14 April 2015

88. Chair May Remove

(1) The Chair may order and cause the removal of any person, including a Councillor, who disrupts any meeting or fails to comply with a direction, or cause the removal of any object or material that is deemed by the Chair as being objectionable or disrespectful.

(2) Any person removed from the meeting under sub-clause 0 must not return to the meeting without the approval of the Chair or Council.

It is intended that this power be exercisable by the Chair, without the need for any Council resolution. The Chair may choose to order the removal of a person whose actions immediately threaten the stability of the meeting or wrongly threatens his or her authority in chairing the meeting.

The Penalty for an offence under this clause is 2 penalty units which is $200

The Formal (Ordinary) Meeting Agenda The Council meeting agenda is available for public inspection immediately after it is prepared, which is normally on the Thursday afternoon five days before the meeting. It is available from the Reception desk at the Civic Centre (upper level), on our website www.frankston.vic.gov.au or a copy is also available for you in the chamber before the meeting. The following information is a summary of the agenda and what each section means:-

· Items Brought Forward These are items for discussion that have been requested to be brought forward by a person, or a group of people, who have a particular item on the Agenda and who are present in the Public Gallery. Before the start of the meeting, an Officer will ask those in the Pubic Gallery whether they wish a matter to be considered early in the meeting.

· Presentation of Written Questions from the Gallery Question Time forms are available from the Civic Centre and our website, www.frankston.vic.gov.au. Questions may also be submitted online using the Question Time web form. “Questions on notice” are to be submitted and received by Council before 12 noon on the Friday before the relevant Ordinary Meeting. “Questions without notice” may be submitted in the designated Question Time box in the public gallery on the evening of the meeting, just prior to its commencement. Forms are available in the Council Chamber. A maximum of 3 questions may be submitted by any one person at one meeting. There is no opportunity to enter into debate from the Gallery. More detailed information about the procedures for Question Time is available from Council’s CEO Office (call 9768 1632) and on our website, www.frankston.vic.gov.au. · Presentation of Petitions and Joint Letters These are formal requests to the Council, signed by a number of people and drawing attention to matters of concern to the petitioners and seeking remedial action from the Council. Petitions received by Councillors and presented to a Council meeting are usually noted at the meeting, then a report is prepared for consideration at the next meeting.





A138471 – 14 April 2015

· Presentation of Reports

Matters requiring a Council decision are dealt with through officer reports brought before the Council for consideration. When dealing with each item, as with all formal meeting procedures, one Councillor will propose a motion and another Councillor will second the motion before a vote is taken.

· Presentation of Delegate Reports

A Councillor or member of Council staff who is a delegate may present to Council on the deliberations of the external body, association, group or working party in respect of which he or she is a delegate or an attendee at a Council approved conference / seminar.

· Urgent Business

These are matters that Councillors believe require attention and action by Council. Before an item can be discussed, there must be a decision, supported by the majority of Councillors present, for the matter to be admitted as “Urgent Business”.

· Closed Meetings

Because of the sensitive nature of some matters, such as personnel issues or possible legal action, these matters are dealt with confidentially at the end of the meeting.

· Opportunity to address Council

Any person who wishes to address Council must pre-register their intention to speak before 4.00pm on the day of the meeting, by telephoning Council’s CEO Office (call 9768 1632) or by submitting the online web form or by using the application form both available on the website, www.frankston.vic.gov.au.

The submissions process is conducted in accordance with guidelines which are available from Council’s CEO Office and on our website. All submissions will be limited to 3 minutes in duration, except for Section 223 submitters, who have a maximum of 5 minutes. No more than ten (10) members of the public are to be permitted to address the Council. Further speakers will be permitted to address the meeting at the discretion of the Chair. All speakers need to advise if they are speaking on behalf of an organisation and it is deemed that they have been appropriately authorised by that said organisation.

Public submissions and any subsequent discussion will be recorded as part of the meeting, and audio recordings of Council meetings are made available to members of the public upon request. If a submitter does not wish to be recorded, they must advise the Chair at the commencement of their public submission.

Disclosure of Conflict of Interest If a Councillor considers that they have, or might reasonably be perceived to have, a direct or indirect interest in a matter before the Council or a special committee of Council, they will declare their interest and clearly state its nature before the matter is considered. This will be done on every occasion that the matter is considered by the Council or special committee.

If a Councillor has an interest in a matter they will comply with the requirements of the Local Government Act, which may require that they do not move or second the motion and that they leave the room in which the meeting is being held during any vote on the matter and not vote on the matter.

If a Councillor does not intend to be at the meeting, he or she will disclose the nature of the interest to the Chief Executive Officer, Mayor or Chairperson prior to the meeting commencing.



A138471 – 14 April 2015

Agenda Themes The Council Agenda is divided into three (3) themes which depict the Council Plan’s Strategic Objectives, as follows:

1. Planned City for Future Growth.2. Liveable City.3. Sustainable City.

MAYOR

SP198

NOTICE PAPER

ALL COUNCILLORS

NOTICE is hereby given that a Special Meeting (Statutory) of the Council will be held at the Civic Centre, Davey Street, Frankston, on 7 November 2016 at 7pm.

OPENING WITH PRAYER

The Chief Executive Officer to ask all present to stand for the Opening Prayer:

Almighty God, we ask for your blessing upon this Council. Direct and prosper its deliberations to the advancement of your glory and the true welfare of the people of Frankston City. Amen.

ACKNOWLEDGEMENT OF TRADITIONAL OWNERS

The Chief Executive Officer to read the acknowledgement of Traditional Owners:

We respectfully acknowledge that we are situated on the traditional land of the Boonerwrung and Bunurong in this special place now known by its European name, Frankston. We recognise the contribution of all Aboriginal and Torres Strait Islander people to our community in the past, present and into the future.

.

SP198

B U S I N E S S

1. APOLOGIES

Nil

2. DISCLOSURES OF INTEREST AND DECLARATIONS OF CONFLICT OF INTEREST

3. ITEMS BROUGHT FORWARD

4. CONSIDERATION OF REPORTS OF OFFICERS

4.1 Oath of Office and Councillor Code of Conduct Declarations ................... 2

4.2 Election and Installation of Mayor ........................................................... 43

4.3 Election and Installation of Deputy Mayor .............................................. 46

4.4 Setting of Mayoral and Councillor Allowances 2016-2020 ...................... 47

4.5 Appointment of Councillor Delegates to Committees ............................. 51

4.6 Adoption of Proposed Council Meeting Dates ........................................ 57

4.7 Nomination of Newspapers for Publication of Public Notices ................. 61

Dennis Hovenden

CHIEF EXECUTIVE OFFICER

2/11/2016

Reports of Officers 2 07 November 2016 SP198

Report for Information

4.1 Oath of Office and Councillor Code of Conduct Declarations

Enquiries: (Michael Craighead: Corporate Development)

Council Plan Community Outcome: 3. Sustainable City Strategy: 3.3 Ensure good governance and management of Council

resources Priority Action 3.3.2 Implement a schedule of reviews of services, plans, policies

and protocols to ensure good governance

Purpose

To meet the legislative requirements in relation to the Councillors’ oath of office and Councillor Code of Conduct declaration processes.

That each person elected to be a Councillor:

1. Makes the oath of office by stating the prescribed words, and signing and dating the oath of office, before the Chief Executive Officer;

2. Makes a written declaration before the Chief Executive Officer, stating that they have read and will abide by the Councillor Code of Conduct;

3. Be given the opportunity to address the meeting.

Section 63 of the Local Government Act 1989 states:

63 Oath of office and Councillor Code of Conduct

(1) A person elected to be a Councillor is not capable of acting as a Councillor until the person has -

(a) taken the oath of the office specified in subsection (1A); and

(b) read the Councillor Code of Conduct and, in accordance with subsection (3), made a declaration stating that they will abide by the Councillor Code of Conduct.

(1A) The following oath of office is to be taken by a Councillor in accordance with Division 2 of Part IV of the Evidence (Miscellaneous Provisions) Act 1958 -

“I will undertake the duties of the office of Councillor in the best interests of the people in the municipal district of and faithfully and impartially carry out the functions, powers, authorities and discretions vested in me under the Local Government Act 1989 or any other Act to the best of my skill and judgment.”

(2) The oath of office must be -

(a) made before the Chief Executive Officer; and

(b) dated and signed before the Chief Executive Officer; and

(c) recorded in the minutes of the Council.

(3) A declaration by a person elected to be a Councillor under subsection (1)(b) must be -

(a) in writing; and

(b) witnessed by Chief Executive Officer.


4.1 Oath of Office and Councillor Code of Conduct Declarations


A. Oath of Office A person elected to be a Councillor must take the oath of office by repeating the following words after the Chief Executive Officer:

“I, <name of person elected to be a Councillor>, will undertake the duties of the office of Councillor in the best interests of the people in the municipal district of Frankston and faithfully and impartially carry out the functions, powers, authorities and discretions vested in me under the Local Government Act 1989 or any other Act to the best of my skill and judgment.”

The oath must be dated and signed before the Chief Executive Officer and recorded in the Council Minutes. A copy of the oath of office has been prepared for signing by each person elected to be a Councillor – these are included as Attachment A to this report.

B. Councillor Code of Conduct

Each Councillor must make a declaration stating that they will abide by the current Councillor Code of Conduct. The declaration must be in writing, and must be witnessed by the Chief Executive Officer.

The Code of Conduct is included as Attachment B to this report. A copy of the declaration has been prepared for signing by each Councillor – these are included as Attachment C to this report. Councillors will have an opportunity and must review and approve a Councillor Code of Conduct by 22 February 2017.

C. Councillors’ Opportunity to Speak

The CEO will invite each Councillor to address the meeting.

ATTACHMENTS

Attachment A: Oath of Office

Attachment B: Councillors Code of Conduct 2016

Attachment C: Code of Conduct Declaration

Reports of Officers 4 07 November 2016 SP198 4.1 Oath of Office and Councillor Code of Conduct Declarations Attachment A: Oath of Office









Reports of Officers 13 07 November 2016 SP198 4.1 Oath of Office and Councillor Code of Conduct Declarations Attachment B: Councillors Code of Conduct 2016





















Reports of Officers 34 07 November 2016 SP198 4.1 Oath of Office and Councillor Code of Conduct Declarations Attachment C: Code of Conduct Declaration











4.2 Election and Installation of Mayor





Purpose

To provide for the election of the Mayor.

Recommendation (Director Corporate Development)

That Cr ____________ be nominated for the office of Mayor.

Procedure:

1. The Chairperson asks the nominee, “Do you accept the nomination?”

2. The nominee responds, “I accept the nomination”.

3. The Chief Executive Officer or previous Mayor assists the Mayor with cloaking.

4. The Councillors and Chief Executive Officer are invited to congratulate the Mayor.

5. The Councillors are invited to make a brief statement.

6. The CEO invites the Mayor to assume the chair.

7. The Mayor makes a brief statement outlining their intentions for the Mayoral term.

The Governance Local Law sets out the process for the election of the Mayor, as follows: 7. Election of the Mayor

(1) A meeting to elect the Mayor must be held

(a) as soon as practicable after the declaration of the results of a general election of Councillors;

(b) as soon as practicable after the fourth Saturday in October, in years between general elections of Councillors; and

(c) as soon as practicable after the office of Mayor otherwise becomes vacant.

8. Method of Voting

The election of the Mayor must be carried out by a show of hands.




9. Determining the election of the Mayor

(1) The temporary Chair must open the meeting at which the Mayor is to be elected, and invite nominations for the office of Mayor.

(2) Any nomination for the office of Mayor must be seconded.

(3) Once nominations for the office of Mayor have been received and those nominated have accepted their nomination, the following provisions will govern the election of the Mayor:

(a) if there is only one nomination, the candidate nominated is deemed to be elected;

(b) if there is more than one nomination, the Councillors present at the meeting must vote for one of the candidates;

(c) in the event of a candidate receiving an absolute majority of the votes, the candidate is declared to have been elected;

(d) in the event that no candidate receives an absolute majority of the votes, the candidate with the fewest number of votes is declared to be a defeated candidate. The Councillors present at the meeting must then vote for one of the remaining candidates;

(e) if one of the remaining candidates receives an absolute majority of the votes, he or she is duly elected. If none of the remaining candidates receives an absolute majority of the votes, the process of declaring the candidates with the fewest number of votes a defeated candidate and voting for the remaining candidates must be repeated until one of the candidates receives an absolute majority of the votes. That candidate must then be declared to have been duly elected;

(f) in the event of two or more candidates have an equality of votes and one of them having to be declared:

(i) a defeated candidate; and

(ii) duly elected

the declaration will be determined by lot.

(g) if a lot is conducted, the Chief Executive Officer will have the conduct of the lot and the following provisions will apply:

(i) each candidate will draw one lot;

(ii) the order of drawing lots will be determined by the

alphabetical order of the surnames of the Councillors who received an equal number of votes, except that if two or more such Councillors surnames are identical, the order will be determined by the alphabetical order of the Councillors first names; and




(iii) as many identical pieces of paper as there are Councillors who received an equal number of votes must be placed in a receptacle. If the lot is being conducted to determine who is a defeated candidate, the word “Defeated” shall be written on one of the pieces of paper, and the Councillor who draws the paper with the word “Defeated” written on it must be declared the defeated candidate (in which event a further vote must be taken on the remaining candidates unless there is only one candidate remaining, in which case that candidate will be declared to have been duly elected).

Note: The election should be confined to the acceptance of nominations

and no discussion or debate should be permitted.

ATTACHMENTS

Nil



4.3 Election and Installation of Deputy Mayor





Purpose

To provide for the election of the Deputy Mayor.


That Cr ____________ be nominated for the office of Deputy Mayor.

Procedure:

1. The Chairperson asks the nominee, “Do you accept the nomination?”

2. The nominee responds, “I accept the nomination”.

3. The Councillors are invited to make a brief statement.

4. The Deputy Mayor makes a brief statement outlining their intentions for the Mayoral term.

The Governance Local Law sets out the process for the election of the Deputy Mayor, as follows: 10. Election of Deputy Mayor and Chairs

(1) At a meeting to elect the Mayor, Council may determine to elect a Deputy Mayor.

(2) Any election for:

(a) the office of Deputy Mayor; or

(b) temporary Chair, in cases where a temporary Chair needs to be elected under Clause 11

will be regulated by Clauses 7-9 (inclusive) of this Local law, as if, in the case of any election for Deputy Mayor, the reference to the:

(c) temporary Chair is a reference to the Mayor; and

(d) Mayor is a reference to the Deputy Mayor.

ATTACHMENTS

Nil


Executive Summary

4.4 Setting of Mayoral and Councillor Allowances 2016-2020





Purpose

To commence the statutory process for the setting of the Mayoral and Councillor allowances, in accordance with section 74 of the Local Government Act 1989.

Recommendation (Corporate Development)

That:

1. Council gives notice of its intention to set the Mayoral and Councillor allowances for the entire council term (ie until November 2020) at the maximum levels for a Category 3 Council, as determined by the Minister for Local Government and published in the Victoria Government Gazette from time to time.

2. The allowances be paid monthly in advance, with the amounts being subject to any variations or adjustments made by the Minister for Local Government during the four year Council term.

3. Council notes that an amount equivalent to the superannuation guarantee contribution under Commonwealth taxation legislation (currently 9.5%) is payable in addition to the allowance amounts. This contribution, which increases in accordance with the Commonwealth taxation legislation, is to be paid into the approved fund nominated by the Mayor and each Councillor, on a quarterly in-arrears basis for the 2016/2017, 2017/2018, 2018/2019 and 2019/2020 financial years.

4. Council gives public notice of its intention to set the Mayoral and Councillor allowances for the entire Council term at the maximum levels, and invites public submissions in accordance with section 223 of the Local Government Act 1989.

5. Following completion of the section 223 consultation process (including the hearing of any submissions), a further report be presented to Council to finalise the statutory process for the setting of the Mayoral and Councillor allowances.

Key Points / Issues

Section 74 of the Local Government Act 1989 (“the Act”) provides for Council to pay an allowance to the Mayor and each Councillor, within the range specified by the Minister for Local Government (“the Minister”).

Council must review and determine the level of the Mayoral and Councillor allowances within the period of 6 months after a general election or by the next 30 June, whichever is later.

This review is subject to a section 223 consultation process, which provides an opportunity for any submitters to be heard in person by Council prior to a final decision being made.



Executive Summary

If Council is agreeable, it is proposed to publish notice of Council’s intention to set the allowances at the maximum levels for the four year term, in the local newspaper and on Council’s website. If the notice is published in the local newspaper on 14 November 2016, then the opportunity to make written submissions will remain open until 12 December 2016. If required, a hearing of verbal submissions could take place at the Council meeting which has been tentatively scheduled for 30 January 2017. Council could then make its final determination, taking into consideration any submissions received and heard, at the meeting which has been tentatively scheduled for 20 February 2017. In the event that no submissions are received, Council could make its final determination at the meeting on 30 January 2017. Both of these time frames would comfortably meet the legislative requirements for finalising the section 74 process. In the meantime, the Mayor and Councillors would be paid the same allowances that were paid to the previous incumbents.

The current range limits that apply for Frankston City Council, as a “Category 3 Council” are:

Councillors $12,065 - $28,907

Mayor up to $92,333.

Under section 73B of the Act, the Minister must conduct an annual review of the limits and ranges of Councillor and Mayoral allowances. If the Minister’s review results in a finding that Councillor and Mayoral allowances should be adjusted, the Minister must specify by notice published in the Governance Gazette:

an adjustment factor; and

the new limits and ranges of allowances for each council category, adjusted in accordance within the adjustment factor.

The recommended wording for Council’s resolution is intended to fix the allowances at the maximum range limits, encompassing all annual adjustments made by the Minister throughout the entire four year Council term.

The payment of Mayoral and Councillor allowances may not exceed one month in advance. Accordingly, these allowances are paid monthly in advance.

In addition to the allowances, the Mayor and Councillors are entitled to an additional payment of 9.5% which is the equivalent to the superannuation guarantee contribution. This contribution increases in accordance with the Commonwealth taxation legislation. It is paid into the approved fund nominated by the Mayor and each Councillor, on a quarterly in-arrears basis.

Council has historically increased its allowances to the maximum amount set by the Minister. It is recommended that Council resolves to set the allowances at the maximum amounts, as adjusted from time to time during the entire four year council term.

Financial Impact

Provision is made within Council’s budget to fund the Mayor and Councillors’ allowances, expense entitlements and equivalent superannuation guarantee contributions.



Executive Summary

Consultation

1. External Stakeholders

Members of the community will have the opportunity to make submissions to the proposed setting of the allowances, in accordance with the statutory public consultation process.

2. Other Stakeholders

Available guidance from Local Government Victoria has been incorporated into this report.

Analysis (Environmental / Economic / Social Implications)

It is important that the Mayor and Councillors are appropriately compensated for their time and efforts in fulfilling their civic commitments, and that such compensation is in keeping with community expectations.

Legal / Policy / Council Plan Impact

Charter of Human Rights and Responsibilities

The Charter of Human Rights and Responsibilities has been considered in the preparation of this report but is not relevant to the content of the report.

Legal

Section 74 of the Act requires Council to review and determine the level of the Mayoral and Councillor allowances by 30 June 2017. A person has a right to make a submission under section 223 of the Act in respect of a review of allowances.

Policy Impacts

There are no policies or protocols that will affect the decision of this report.

Officer’s Declaration of Interests

Council officers involved in the preparation of this report have no conflict of interest in this matter.

Risk Mitigation

There are no risks associated with this report.

Conclusion

Council is required to review and determine the level of Mayoral and Councillor allowances by 30 June 2017. The review must include consideration of any submissions made in accordance with section 223 of the Act.

It is recommended that notice be given of Council’s intention to set the allowances for the entire Council term, at the maximum amount approved by the Minister for Local Government, as adjusted from time to time, and that public submissions to this proposal be invited.



Executive Summary

ATTACHMENTS

Nil



4.5 Appointment of Councillor Delegates to Committees





Purpose

To appoint Councillor delegates to represent Council on external and internal committees.


A. That the following appointments to external organisations be made:

1. Cr xxx and an officer be appointed as the delegates to the Association of Bayside Municipalities.

2. The Mayor and Cr xx be appointed as the delegates to the Australian Local Government Women’s Association.

3. The Mayor and Cr xx be appointed as the delegates to the Frankston Charitable Fund Committee of Management.

4. The Mayor be appointed as the delegate to the Peninsula Leisure Pty Ltd Board.

5. Cr xx and Cr xx be appointed as the delegates to the Metropolitan Local Governments’ Waste Forum.

6. The Mayor be appointed as the delegate to the South East Melbourne Mayoral Group.

7. Cr xx, Cr xx and Cr xx be appointed as the delegates to the Youth Advisory Council.

B. That the following appointments to internal committees be made:

1. Cr and Cr xx be appointed as the delegates to the Audit Committee.

2. Cr xx, Cr xx and Cr xx be appointed as the delegates to the Ballam Park Homestead Advisory Committee and Heritage Assets and Promotion Committee.

3. All Councillors be appointed as the delegates to the Chief Executive Officer’s Performance Review Committee.

4. Cr xx and Cr xx be appointed as the delegates to the Community Grants Committee of Management.

5. Cr xx and Cr xx be appointed as the delegates to the Frankston Arts Centre Board of Management.

6. Cr xx, Cr xx and Cr xx be appointed as the delegates to the Frankston Cemetery Trust.

7. The Mayor, Cr xx and Cr xx be appointed as the delegates to the Frankston City News Committee.




8. The Mayor and Cr xxx be appointed as the delegates to the Miscellaneous Grants Committee.

9. Cr xx, Cr xx and Cr xx be appointed as the delegates to the Sports Development Advisory Committee.

10. Cr xx, Cr xx and Cr xx be appointed as the delegates to the Urban Design Advisory Committee.

C. That where possible, the meeting times and dates for the internal committees be arranged having regard to the availability of the appointed Councillor delegates.

Councillor delegates represent Council on a range of committees which are convened by external bodies, and on various internal committees.

A. External Delegates

Council participates in a number of industry organisations servicing various Council interests. It is anticipated that Council will appoint a delegate or delegates to represent Council in each of the following organisations:

1. Association of Bayside Municipalities;

2. Australian Local Government Women’s Association;

3. Frankston Charitable Fund Committee of Management;

4. Peninsula Leisure Pty Ltd Board;

5. Metropolitan Local Governments’ Waste Forum;

6. South East Melbourne Mayoral Group; and

7. Youth Advisory Council.

B. Internal Committees

It is anticipated that Council will appoint a delegate or delegates to the following Council convened committees:

1. Audit and Risk Management Committee;

2. Ballam Park Homestead Advisory Committee and Heritage Assets and Promotion Committee;

3. Chief Executive Officer’s Performance Review Committee;

4. Community Grants Committee of Management;

5. Frankston Arts Centre Board of Management;

6. Frankston Cemetery Trust;

7. Frankston City News Committee;

8. Miscellaneous Grants Committee;

9. Sports Development Advisory Committee; and

10. Urban Design Advisory Committee.




Attachment A sets out the current meeting schedule including the frequency of meetings, the meeting dates and times (if known), the meeting venue, officer representation on the committee, the number of required Councillor delegates, and the background to Councillor representation on the each committee.

As far as practicable and after negotiation with the Councillor/s involved, meetings will be arranged having regard to the availability of all participants including the Councillor delegates.

ATTACHMENTS

Attachment A: Councillor Delegates 2017 - Meeting Schedule

Reports of Officers 54 07 November 2016 SP198 4.5 Appointment of Councillor Delegates to Committees Attachment A: Councillor Delegates 2017 - Meeting Schedule




Executive Summary

4.6 Adoption of Proposed Council Meeting Dates





Purpose To adopt Council meeting dates for the coming 12 months.

Recommendation (Corporate Development) That:

1. Council sets the following meeting dates for the coming 12 months:

A. Ordinary Meetings, to commence at 7.00pm:

Monday 28 November 2016

Monday 19 December 2016

Monday 30 January 2017

Monday 20 February 2017

Tuesday 14 March 2017

Monday 3 April 2017

Monday 1 May 2017

Monday 22 May 2017

Tuesday 13 June 2017

Monday 3 July 2017

Monday 24 July 2017

Monday 14 August 2017

Monday 4 September 2017

Monday 25 September 2017

Monday 16 October 2017

B. Special Meetings, to commence at 7.00pm:

Councillor Code of Conduct – Monday 6 February 2017

Statutory Meeting – Thursday 9 November 2017.

2. Both planning and ordinary matters may continue to be presented for Council’s consideration at the three-weekly ordinary meetings.

3. It is noted that additional special meetings may be called in accordance with the procedure set out in Council’s Governance Local Law, where required.

4. The meeting dates set out in item 1 be advertised by way of public notice, and on Council’s website.



Executive Summary

Key Points / Issues

The current three weekly ordinary meeting cycle has been in operation since March 2014.

The cycle was implemented to provide Councillors with the opportunity to give input and provide ideas for inclusion into reports that are listed for the forthcoming meeting.

The cycle has provided Councillors with the opportunity to review and discuss reports and officer recommendations, in advance of the meeting, assisting Council in making well-informed decisions.

The regular occurrence of Council meetings has also reduced the duration of meetings and the amount of items considered on each agenda, and has largely eliminated the need for late reports.

It is proposed to continue with the three weekly ordinary meeting cycle, commencing from Monday 21 November 2016.

The special meeting which is required for Council to review and approve any changes to its Councillor Code of Conduct is scheduled for Monday 6 February 2017.

The special statutory to elect a new Mayor and Deputy Mayor is scheduled to be held on Thursday, 9 November 2017.

Financial Impact

There are no financial implications.

Consultation

1. External Stakeholders

No external stakeholders have been consulted.

2. Other Stakeholders

The Chief Executive Officer and Director Corporate Development have been consulted.

Analysis (Environmental / Economic / Social Implications)

A well-structured meeting schedule assists in the orderly administration of projects that require Council decisions. Setting the meeting schedule in advance and publishing its details demonstrates transparency in decision making and assists members of the public who wish to attend meetings.

Legal / Policy / Council Plan Impact

Charter of Human Rights and Responsibilities

The Charter of Human Rights and Responsibilities has been considered in the preparation of this report; it is considered that the report is consistent with the Charter.



Executive Summary

Legal

Under section 89 of the Local Government Act 1989, Council has an obligation to consider general business at ordinary and special meetings which are open to the public. Council must provide the public with sufficient notice of meeting dates (at least seven days prior, where practicable). By Council resolution, meetings may be closed to the public to consider confidential matters which meet the criteria outlined in the Act.

Policy Impacts

There are no policies that impact the decision of this report.

Officer’s Declaration of Interests

Council officers involved in the preparation of this report have no conflict of interest in this matter.

Risk Mitigation

There are no identified risk issues for Council.

Conclusion

It is recommended that Council continues with the three weekly ordinary meeting cycle, for the consideration of both general and planning matters.

ATTACHMENTS

Attachment A: Proposed Council Meeting Dates for 2016 and 2017

Reports of Officers 60 07 November 2016 SP198 4.6 Adoption of Proposed Council Meeting Dates Attachment A: Proposed Council Meeting Dates for 2016 and 2017

Proposed Council Meeting Schedule – 2016/2017

Meeting Type Meeting Date: Commencement Time

Ordinary Monday 28 November 2016 7.00 pm

Ordinary Monday 19 December 2016 7.00 pm

Ordinary Monday 30 January 2017 7.00pm

Special (Councillor Code of Conduct)

Monday 6 February 2017 7.00pm

Ordinary Monday 20 February 2017 7.00pm

Ordinary Tuesday 14 March 2017 7.00pm

Ordinary Monday 3 April 2017 7.00pm

Ordinary Monday 1 May 2017 7.00pm

Ordinary Monday 22 May 2017 7.00pm

Ordinary Tuesday 13 June 2017 7.00pm

Ordinary Monday 3 July 2017 7.00pm

Ordinary Monday 24 July 2017 7.00pm

Ordinary Monday 14 August 2017 7.00pm

Ordinary Monday 4 September 2017 7.00pm

Ordinary Monday 25 September 2017 7.00pm

Ordinary Monday 16 October 2017 7.00pm

Special (Statutory Meeting) Thursday 9 November 2017 7.00pm



4.7 Nomination of Newspapers for Publication of Public Notices





Purpose

To nominate the newspapers to be used for the publication of public notices.


1. For the purposes of giving public notice, Council nominates the Frankston Standard Leader as the primary newspaper to be used for public notices, except where paragraph 2 applies.

2. In urgent circumstances where the copy deadline for publication of a notice in the Frankston Standard Leader cannot be met, and publication of the notice cannot reasonably be deferred until the following week, Council nominates The Age as the alternative newspaper to be used for public notices.

3. Where public notice is given in The Age in accordance with paragraph 2, a corresponding notice will also be published in the next edition of the Frankston Standard Leader, and on Council’s website. Any statutory time frame associated with the giving of public notice will commence from the date on which the notice is published in The Age.

Report

Public notice is defined in s.3 of the Local Government Act 1989 as:

"A notice published in a newspaper generally circulating in the municipal district of the Council chosen for the purpose by:

(a) if the notice is required to be given by the Council, the Council."

Council currently uses the Frankston Standard Leader for publication of general public notices, and it is recommended that this practice continues.

The Frankston Standard Leader is published and distributed weekly on a Monday, and copy for publication is due by the afternoon of the preceding Wednesday. On occasions the timelines associated with a weekly publication present problems in terms of compliance with statutory timelines, and accordingly it is recommended that Council officially nominates a second newspaper with a quicker publication turnaround, i.e. a daily newspaper.

ATTACHMENTS

Nil

Documents

Special Meeting (Statutory) A G E N D A · Council meeting dates are posted in the Davey Street and Young Street entranceto s the Civic Centre (upper level) and also on our website,