City of Monash | Monash Council - MINUTES OF …...2016/05/31 · 31 MAY 2016 1 MINUTES OF THE ORDINARY MEETING OF THE MONASH CITY COUNCIL HELD IN THE COUNCIL CHAMBERS, SPRINGVALE

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MINUTES OF THE ORDINARY MEETING OF

COUNCIL

HELD ON 31 MAY 2016

at 7.30 pm

Council Chambers 293 Springvale Road,

Glen Waverley

MINUTES OF THE ORDINARY MEETING OF THE MONASH CITY COUNCIL HELD ON

31 MAY 2016

1

MINUTES OF THE ORDINARY MEETING OF THE MONASH CITY COUNCIL HELD IN THE COUNCIL CHAMBERS, SPRINGVALE ROAD GLEN WAVERLEY

ON 31 MAY 2016 AT 7.30 PM.

PRESENT: Councillors G Lake (Mayor), R Paterson (Deputy Mayor), R Davies, M Drieberg, N Hosking, B Little, J Lo, K Nolan, B Pontikis, T Zographos

APOLOGIES: Nil DISCLOSURES OF INTEREST

Nil.

CONFIRMATION OF MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON 26 APRIL 2016

Moved Cr Paterson, Seconded Cr Drieberg

That the minutes of the Ordinary Meeting held on 26 April 2016 be taken as read and confirmed.

CARRIED

CONFIRMATION OF MINUTES OF THE SPECIAL COUNCIL MEETING HELD ON 3 MAY 2016

Moved Cr Lo, Seconded Cr Little

That the minutes of the Special Meeting of Council held on 3 May 2016 be taken as read and confirmed.

CARRIED

CONFIRMATION OF MINUTES OF THE SPECIAL COUNCIL MEETING HELD ON 4 MAY 2016

Moved Cr Nolan, Seconded Cr Pontikis

That the minutes of the Special Meeting of Council held on 4 May 2016 be taken as read and confirmed.

CARRIED


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RECEPTION AND READING OF PETITIONS, JOINT LETTERS & MEMORIALS

Petitions Cr Lo tabled a petition from residents living in the neighbourhood of the proposed development at 1 Betty Court, 444 Waverley Road and Scotchmans Creek, Mount Waverley, opposed to the proposed development and its impact. Cr Davies tabled a petition from members of the Monash and Mazenod Football Club community, seeking an upgrade to Freeway Reserve Mulgrave through Stages 1A and 1B of the Structure Plan Business Case. PROCEDURAL MOTION

Moved Cr Lake, Seconded Cr Little That Item 7.3 on the Council’s meeting agenda be dealt with immediately.

CARRIED

7.3 Supplementary Standing Orders Moved Cr Lake, Seconded Cr Little That Council:

1. Resolves to significantly improve the standard of behaviour at Council meetings and to ensure that meetings function more effectively in future and in line with community expectations.

2. Identifies the following matters as requiring a particular focus: a. the unreasonable behaviour of a small number of Councillors and the need for

all Councillors to: i. observe the requirements of Council’s Local Law No 1 on Meeting

Procedures (Local Law No 1); and ii. abide by and follow the requests, directions or orders of the

Chairperson; b. the unreasonable behaviour of a small number of persons in the Public

Gallery and the need for all persons in the Public Gallery to: i. observe Council meetings in silence;

ii. refrain from interjecting at all times; iii. observe the requirements of Local Law No 1; and iv. abide by and follow the requests, directions or orders of the

Chairperson; c. the finishing time of Council meetings, noting that the last three ordinary

meetings of Council have finished unreasonably late at midnight, 3.00 am and 11.30 pm respectively;


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d. the rehashing of matters which have previously been largely considered by Council;

e. the unreasonable and negative reflections on Council officers by a Councillor; f. the making of Points of Order and the moving of Procedural Motions which

are often presented in a disruptive, combative and aggressive way; g. the way that Conflicts of Interest are declared which sometimes do not

include all of the matters required to be disclosed by the Act; h. the way that Councillor Reports are occasionally used unreasonably and

unfairly to raise controversial matters which go further than reporting on an Advisory Committee of Council, an external body which the councillor has been appointed to by Council or the Councillor’s attendance or participation in a civic event or community event; and

i. the process for making a Personal Explanation which often causes confusion. 3. Resolves to adopt the ‘Supplementary Standing Orders for Monash Council Meetings’

(Supplementary Standing Orders) (attached) to directly address these past problems, to lift standards of behaviour and to improve the efficiency of Council meetings.

4. Resolves to appoint former City of Waverley Mayor and Councillor Russell Hannan as an independent ‘Governance and Behaviour Monitor’ (Monitor) to attend all remaining Council meetings for this Council term and to provide monthly reports to Council about:

a. the implementation of the Supplementary Standing Orders; b. the behaviour of individual Councillors – including identifying and reporting

on any conduct which falls short of the requirements of Local Law No 1, the Supplementary Standing Orders and the Local Government Act 1989 (the Act);

c. the behaviour of persons in the Public Gallery – including identifying and reporting on any conduct which falls short of the requirements of Local Law No 1, the Supplementary Standing Orders and the Act;

d. the way that the Mayor or Chairperson chairs each meeting and whether: i. the Mayor or Chairperson has been fair and consistent in applying the

requirements of Local Law No 1, the Supplementary Standing Orders and the Local Government Act 1989 (the Act);

ii. the Mayor or Chairperson has been biased in his or her treatment of any Councillor or any person in the Public Gallery;

iii. the Mayor or Chairperson has been unreasonable in any way in his or her approach to any person in making any request, direction or order of them; and

iv. any Councillor or any member of the Public Gallery has been unreasonable in how they have responded to any request, direction or order of the Mayor or Chairperson;

e. any recommendations which the Monitor believes would lift the standards of behaviour at Council meetings or the efficient functioning of meetings.

5. Provides a general warning to all people attending this and further meetings of Council that by entering or remaining in the Council Chamber, and upon the passing of this resolution, all persons (whether they be councillors, officers or persons in the


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Public Gallery) will be held to the standards of behaviour required by Council’s Local Law No 1 and these Supplementary Standing Orders and that any breach, or disregard of any direction or order of the Chairperson, will result in the person being held to account which may include being removed from the Council Chamber and/or being charged with an offence for breaching Local Law No 1.

6. Directs the Chief Executive Officer to ensure that these Supplementary Standing Orders be published on Council’s website and also reproduced in all Council agenda papers until the end of this Council term.

7. Further directs the Chief Executive Officer to prepare and display in an appropriate manner a notice readily visible to all persons entering the Public Gallery which outlines the relevant requirements contained in Local Law No 1 and the Supplementary Standing Orders which all persons in the Public Gallery are required to observe, along with the possible consequences of breaching these requirements or ignoring the directions or orders of the Chairperson.

8. Requests the Chief Executive Officer to do all things necessary, and authorises her to spend all funds necessary, to implement a new and improved audio system for Council meetings effective from the June Council meeting which includes the following:

a. significantly improved amplification for the proceedings; b. reduction in the occasional feedback which is sometimes experienced; and c. a central switch available to the Chairperson to switch off all microphones

other than the Chairperson’s microphone in the instance of disorderly conduct.

The Mayor noted that there had been media coverage and commentary on that part of the motion relating to Procedural Motions and Points of Order. He said that the approach proposed would improve meetings, noting that the use of these processes in the Council Chamber had impacted on Council meetings. The Mayor added that the proposal would lead to a streamlining and improvement of Council meetings, with the focus returned to debate and decision making on issues. The Mayor noted the presence of Mr Russell Hannan in the public gallery. It was proposed that Mr Hannan, would be appointed as the Governance and Behaviour Monitor by the Council. Mr Hannan was well known and respected in the community, having been a Councillor and Mayor of the former City of Waverley, and past President and current Treasurer of the Victorian Branch of the Liberal Party. The Mayor noted the proposed role of Mr Hannan, saying that he would hold both the Mayor and the Councillors to account for their behaviour. Cr Davies said that it would be a pleasure to work with Mr Hannan and had worked with him on several projects for the Victorian Liberal Party. He said that he agreed with the Mayor that there was a problem with the behaviour of a small number of Councillors, which had gone on for some time. Cr Davies said that he commended the intent of the proposal but it needed to go further. He added that he would not support the motion and in particular, opposed the proposed changes regarding Points of Order and Procedural Motions.


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In response to a question from Cr Zographos, the Chief Executive Officer advised that legal advice had not been sought on whether occupational health and safety requirements were being breached, in relation to this item. Cr Pontikis said that he did not support the inclusion of the actions required under the proposal regarding calling a Point of Order or moving a Procedural Motion. He said that requiring a Councillor to raise their hand or something similar was more respectful. Cr Zographos asked if there was an alternative to requiring a Councillor to place their hands on their heads when calling a Point of Order or one hand for a Procedural Motion. The Mayor said that the proposal was effective and that if behaviour improved in the Chamber he would consider proposing to relax those requirements. He added that a Point of Order should be rare and only occur if the Chairperson slipped up. The Mayor noted that Points of Order were sought to be used in wider manner than provided in the Meeting Procedures Local Law. Cr Zographos said that the biggest problem had been the partiality of the previous Mayors as Chairpersons of Council meetings. They had taken a combative approach. He noted the Mayor’s use of Points of Order in past Council meetings. He said that a good chairperson was fair and impartial, but this Council had a record of politicising issues and the community did not want that. Cr Zographos said that previous Mayors had done that at the expense of democratic debate. He added that the Mayor could have given the Council 1 meeting before submitting his motion. He added that he would not be placing his hands on his head; that was unprofessional. Cr Zographos said that the procedures proposed were flawed and would like to see the Mayor change his position on the issue. Cr Zographos added that he had requested the Meeting Procedures Local Law to be reviewed , several times, without success. Cr Paterson said that she supported the motion, and agreed with the assessment that there had been a decline in the standard of behaviour in the Council Chamber. Cr Paterson added that it was disappointing, but necessary to introduce the Supplementary Standing Orders.

CARRIED DIVISION A Division was called. For: Crs Lake, Paterson, Drieberg, Hosking, Lo, Little, Nolan, Pontikis Against: Crs Zographos and Davies


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Councillors were provided with the opportunity to sign the declarations regarding the Councillors’ Code of Conduct. Councillors Drieberg, Lake, Little, Lo, Nolan, Paterson Hosking and Pontikis signed the declaration. Councillors Davies and Zographos indicated that they did not wish to sign the declaration at this stage. The Mayor read out the requirements under Meeting Procedure Local Law No.1 regarding public behaviour in the Council Chamber and in response to a question from Cr Paterson, identified the area deemed to be the ‘Council Chamber’. PUBLIC QUESTION TIME

The Mayor advised that 10 questions had been received. PERSONAL EXPLANATION Cr Zographos made a Personal Explanation, stating that in relation to the question submitted by Joy Graves regarding street furniture in Eaton Mall, that he had not been at the Councillors’ briefing session when that item was discussed. PROCEDURAL MOTION

Moved Cr Lake, Seconded Cr Paterson That Item 2.10 on the Council’s meeting agenda be dealt with as the next item of business.

CARRIED

2.10 Community Sports Infrastructure Fund 2017/18 – Major Facility Grant Moved Cr Drieberg, Seconded Cr Paterson

That Council authorises officers to prepare a submission to the Sport and Recreation Victoria 2017-18 Community Sports Infrastructure Fund – Major Facilities Grant Program for the refurbishment of a multi-use facility at Columbia Reserve Wheelers Hill. Cr Drieberg said that the report spoke for itself and the proposal had great merit. The change rooms were in need of an upgrade, noting that the Waverley Park Hawks, as a tenant of the facility had 3 girls teams and the facilities were inadequate for their needs. Cr Drieberg said that the proposal also future proofed the facility and the Reserve, and would provide for a junior sports field in the future. Cr Drieberg acknowledged the increasing needs of sporting clubs throughout the municipality.


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Cr Davies said that the facility was in need of an upgrade, to accommodate the 20 teams that used it and that it was a very important project that would also open up other parts of Columbia Reserve as well. Cr Davies said that he had advocated for investment in Mulgrave Ward, as part of the draft 2016/17 Budget considerations and also noted that the Pinewood Community Bank was a sponsor of the Waverley Hawks. Cr Pontikis asked the Director Community Development and Services for the number of clubs using the reserve. The Director was unable to provide an immediate response. Cr Pontikis asked if that usage would increase. The Director Community Development and Services advised that the proposal would provide for an expansion of the facility’s footprint and also open it up to broader community use, as well as future proofing the site. AMENDMENT

Moved Cr Lake, Seconded Cr Lo

That part 2 be added to the motion, as follows: 2. That Council encourages Waverley Gymnastics to continue to seek alternative funding and if successful, funds any shortfall up to and no more than $650,000 from Council’s Development Reserve. This arrangement is contingent on the club fully securing the required funds for the total project cost by January 2017 in accordance with the 28 July 2015 Council resolution. The Mayor advised that the Council would be applying for funding for the multi-use facility at Columbia Reserve for 2016. The Council was able to make 1 application per year. He noted that Waverley Gymnastics needed improved facilities and if the club could get within $650,000 of the funding required, the Council would contribute that shortfall. The Mayor also noted that the Council had applied for funding through the Sports Infrastructure Fund in 2015, for the Waverley Gymnastics project, but had been unsuccessful. He added that the Council considered that the Columbia Reserve application would have a greater chance of success. The Mayor said that Federal Government funding was needed for the Waverley Gymnastics project. Cr Davies sought clarification on the source of funding and it was agreed by the Council that the funding would be from the Development Reserve. The Mayor agreed to that clarification in the Amendment. Cr Zographos asked what would happen if the Club did not raise sufficient funds. The Mayor responded that the club was hoping to raise $2.1 million. Cr Zographos commended the amendment, but said that he preferred that the Council made one more application for funding for Waverley Gymnastics and that the amendment allowed for n commitment by the Council to the club.


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CARRIED

SUBSTANTIVE MOTION (AS AMENDED) Cr Lo congratulated the Mulgrave Ward Councillors, Cr Drieberg in particular, on the project. He said that the Council was committed to supporting Waverley Gymnastics and that Federal Government funding was needed. RIGHT OF REPLY

Cr Drieberg said that if the Council’s application under the Sports Infrastructure Fund was successful, the facility would be open to the wider community, which was a proposal put forward by Waverley Park Hawks.

CARRIED DIVISION A Division was called. For: Crs Lake, Paterson, Drieberg, Hosking, Lo, Little, Nolan, Pontikis, Davies Against: Cr Zographos

1. CITY DEVELOPMENT 1.1 Amendment C120 To The Monash Planning Scheme: Implementation of The Glen

Waverley Activity Centre Structure Plan Consideration of Panel Report Moved Cr Nolan, Seconded Cr Lo

That Council:

1. Receives and notes the Panel report for Monash Planning Scheme Amendment C120.

2. Adopts Amendment C120, generally as exhibited, with the following changes:

a) East side of Springvale Road (Shown as Area I) - Modify the General Residential Zone Schedule 8 and the Design and Development Overlay Schedule 12 to specify a maximum height of 13.5m.

b) Mountain View Hotel site (Shown as Area J) - Modify the Design and Development Overlay Schedule 12 to specify a maximum of 4 storeys on the site.

c) Change Clause 3.0 (Development within Built Form Areas) to: 1. Identify the Council owned car park to the south of the RSL as a key

development site.


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2. Establish the preferred street frontage along Myrtle Street as a maximum of 4 storeys.

3. Recognise the northeast corner of The Glen Shopping Centre as a gateway to the Activity Centre from the north.

4. Encourage the blank external interfaces of The Glen Shopping Centre to be activated by external spaces and be designed to provide for outward facing shopping, dining and entertainment facilities.

d) Rationalise and group the design objectives in Design and Development Overlay Schedule 12 and the objectives in Clause 22.14, and to align with the changes to the draft Zones and Overlays as set out in this report.

e) Include an addendum to the adopted Glen Waverley Activity Centre Structure Plan and the adopted Glen Waverley Activity Centre Sustainable Transport Plan to reflect the changes set out in points a) through to e) above.

3. Authorise the Director City Development to finalise the amendment documentation in accordance with this report and submit the amendment to the Minister for Planning for approval.

4. Notes that further traffic modelling based on future development capacity should be undertaken prior to the design and finalisation of any changes to the local road network in the Glen Waverley Activity Centre.

5. Notifies all submitters to Amendment C120 of Council’s decision.

CARRIED

DIVISION A Division was called. For: Crs Lake, Paterson, Drieberg, Hosking, Lo, Little, Nolan, Pontikis Against: Crs Davies and Zographos

1.2 Consideration of Monash Planning Scheme Amendment C125 - Implementation of the New Residential Zones

Moved Cr Paterson, Seconded Cr Lo

That Council: 1. Notes the submissions and comments received. 2. Modifies Amendment C125 in accordance with the changes recommended in

this report and adopts this as Council’s position for the amendment. 3. Notes that the changes proposed to the amendment are the “in-principle”

changes of 29 March 2016, along with several minor zone boundary corrections and include:

a. Changing site coverage in the General Residential Zone 3 and the Neighbourhood Residential Zone 1 & 4 areas from 40% to 50%;


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b. Changing site coverage in the Neighbourhood Residential Zone 3 area from 40% to 45%;

c. Deleting proposed changes to side setbacks across all zones; d. Deleting the specification of a height for canopy trees; e. Linking the height of canopy trees to the height of the dwelling; f. Reducing the number of canopy trees required in each schedule to a

minimum of 2; g. Changing the minimum parcel of private open space from 60m2 to

50m2 across all zones, except for the Neighbourhood Residential Zones 2 and 3;

h. Retaining the existing 7.6 metre front setback for the Neighbourhood Residential Zone 4 area;

i. Deleting the proposed changes to the rear setbacks of the General Residential Zone Schedule 3, the General Residential Zone Schedule 4, the Neighbourhood Residential Zone Schedule 1 and the Neighbourhood Residential Zone Schedule 4;Reducing the extent of the Neighbourhood Residential Zone – Schedule 4 by removing the area of land generally bounded by Highbury Road, Springvale Road, Waverley Road, Gallagher’s Road, Westlands Road and Camelot Drive, Glen Waverley from the proposed Neighbourhood Residential Zone - Schedule 4 and placing it in the proposed General Residential Zone – Schedule 4;

j. Deleting the requirement for a 10% Public Open Space contribution for all land within the Residential Growth Zone Schedule 3, General Residential Zone Schedule 6 or the Commercial 1 Zone in the Clayton Activity Centre; and

k. Minor boundary changes or corrections as set out in Attachment 7 to this report.

4. Request the Minister for Planning appoint an independent Panel to consider the submissions and Amendment C125 to the Monash Planning Scheme.

5. Refers all submissions received to Amendment C125 to the Panel appointed by the Minister for Planning.

6. Gives notice of the above decisions by: a. Writing to all submitters to the Amendment; b. Writing to all owners and occupiers in areas where a change in zone is

proposed from that shown as part of the original exhibition of Amendment C125 in 2015.

The Mayor noted that there were two minor typographical errors in the final table of Page 8 of the report. The table for the Overall Figures stated: Support: 447 . – The correct number is 477 Support with changes: 135. The correct number is 136 revised total: 2,293.


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Cr Davies said that the original process undertaken by the Council was very good and the recommendations submitted to Council were logical and appropriate. He said that the changes made subsequently, particularly regarding the Dandenong Creek escarpment were of a concern. He added that the changes would not provide for strong enough rules for the Council to increase its success rate in VCAT, in instances where an appeal was made against a Council decision. He added that the current proposal did not provide clarity for residents. Cr Davies commended the significant work carried out by Council officers on Amendment C125, but said that he could not support the motion. Cr Zographos said that the process had been flawed and certainty had not been provided to the community. Cr Zographos said that Council officers had submitted a good initial proposal, which the Council altered. He added that the Council had taken too long to communicate with the community on the changes and he would not be supporting the motion. Cr Paterson said that the Council had undertaken extensive consultation on the proposal and noted the wide range of views within the community on the proposed Amendment. Cr Paterson said that it was appropriate for the Council to now send the proposal for assessment by an independent panel. The Mayor said that the public consultation process undertaken by the Council had been extensive. He said that the additional consultation that the Council had undertaken was necessary and the current proposal before Council was very different to the one that had been considered in October 2015. He said that that proposal would have represented a worse outcome to the one currently before the Council.

CARRIED

DIVISION A Division was called. For: Crs Lake, Paterson, Drieberg, Lo, Little, Nolan, Pontikis Against: Cr Davies NOTE: Crs Zographos and Hosking were not in the Council Chamber at the time that the Division was called.

1.3 18 Kay Street, Mount Waverley Extension of Time - Construction of An Additional

Double Storey Dwelling and Removal of Canopy Trees Moved Cr Paterson, Seconded Cr Lo

That Council resolves to issue an extension of time to Planning Permit No. TPA/27359 for the construction of an additional double storey dwelling together with associated


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car parking, landscaping and removal of existing canopy trees at 18 Kay Street Mount Waverley, pursuant to the provisions of Section 69 of the Planning and Environment Act 1987. The permit expiry dates extended as follows: The development is not completed before 1 February 2017. In response to a question from Cr Pontikis, the Director City Development advised that this was the seventh application for an extension of time.

CARRIED 1.4 1801 Dandenong Road & 85 Macrina Street, Oakleigh East - Construction of A Part

Two (2), Part Three (3) Storey Building Containing 18 Apartments Above A Basement Carpark and Alter Access

Moved Cr Paterson, Seconded Cr Drieberg That Council resolves to issue a Notice of Decision to Grant a Planning Permit (TPA/44843) for the construction of a part three (3) storey, part two (2) storey building containing 18 dwellings (apartments) above a basement carpark and alteration/creation of access to a road in a Road Zone Category 1 at 1801 Dandenong Road & 85 Macrina Street, Oakleigh East subject to the following grounds:

1. Before the development starts, three copies of amended plans drawn to scale and dimensioned, must be submitted to and approved by the Responsible Authority. The plans must be generally in accordance with the in accordance with the plans prepared by RPC Architects and lodged with Council on 15 April 2016 (57A amendment) being Plan Reference: Job No. 1889, TP01 Issue C to TP15 Issue C (total of 15 plans) , but further modified to show; a) Deletion of apartment 2.04 from the second floor level and the layout of

apartment 2.02 and 2.03 revised to utilise the redundant public hallway leading to 2.04, and increase setbacks to the western (side) boundary and the Macrina Street frontage accordingly.

b) Pedestrian entrance foyer and walkway from Macrina Street (section located between G.05 and G.07) increased in width to a minimum of 2 metres.

c) A detailed elevation of the proposed screen fencing across ground floor terraces G.03 and G.05.

d) Proposed timber fencing extending from G.07 to the rear (northern) boundary setback 400mmm behind the front facade of G.07 and shown as a capped paling fence with exposed posts, painted in a colour to complement the development. The bottom section of the fence crossing the easement is required to be constructed as a pool-type open style fence as required by condition 18 of this permit.

e) A full schedule of materials, external finishes and colours (including samples of colour palette).


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f) Reallocation of car spaces within the basement following the deletion of an additional apartment.

g) A passing area measuring 5 metres wide x 7 metres long to be provided at the entrance to the basement ramp.

h) Provision of a corner splay or area at least 50% clear of visual obstructions (or with a height of less than 1.2 metres), which may include adjacent landscaping areas with a height of less than 0.9 metres, extending at least 2.0 metres long x 2.5 metres deep (within the property) both sides of the vehicle crossing to provide a clear view of pedestrians on the footpath of the frontage road.

i) A minimum of three visitor spaces within the basement to be clearly marked as ‘visitor spaces’.

j) The finished floor levels of all units located in 85 Macrina Street should maintain a minimum clearance of 400mm above the finished landscape levels of the ground around the building. FFLs and spot levels are to be provided on plans detailing this.

k) Existing easement encumbrances along the northern boundary of 85 Macrina Street widened to 2.4 metres in width to accord with title information.

2. The development as shown on the endorsed plans must not be altered without the

written consent of the Responsible Authority. 3. Once the development has started it must be continued and completed to the

satisfaction of the Responsible Authority.

4. The removal of 2 street trees and their replacement (location to be determined by Council) from the Dandenong Road frontage nature strip will be carried out by Council at full cost to the permit holder. The permit holder will also be responsible for the full cost of additional street tree planting along the Macrina Street nature strip frontage to the site (the number of trees and location to be determined by Council).

5. No equipment, services, architectural features or structures of any kind, including

telecommunication facilities, other than those shown on the endorsed plans shall be permitted above the roof level of the building unless otherwise agreed to in writing by the Responsible Authority.

Waste Management Plan 6. Prior to the commencement of buildings and works, the owner shall prepare a Waste

Management Plan for the collection and disposal of garbage and recyclables for all uses on the site by private contractor. The Waste Management Plan shall provide for: a) The method of collection of garbage and recyclables for uses; b) Designation of methods of collection by private services; c) Appropriate areas of bin storage on site and areas for bin storage on collection

days; d) Dimensions of waste areas; e) The number of bins to be provided and capacity;


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f) Details on method and frequency of cleaning and maintenance of waste areas; g) Details of ventilation; h) A bin washing facility; i) Hours of waste and recyclables collection; j) Measures to minimise the impact upon local amenity and on the operation,

management and maintenance of car parking areas; k) Litter management.

A copy of this plan must be submitted to and approved by the Responsible Authority. Once approved the Waste Management Plan will be endorsed to form part of the permit.

Construction Management Plan 7. Prior to the commencement of buildings and works, a Construction Management Plan

must be prepared and submitted to the Responsible Authority for approval. The plan must be to the satisfaction of the Responsible Authority. Once approved, the plan must be implemented to the satisfaction of the Responsible Authority. The plan must address the following issues: a) measures to control noise, dust and water runoff; b) prevention of silt or other pollutants from entering into the Council’s

underground drainage system or road network; c) the location of where building materials are to be kept during construction; d) site security; e) maintenance of safe movements of vehicles to and from the site during the

construction phase; f) on-site parking of vehicles associated with construction of the development; g) wash down areas for trucks and vehicles associated with construction activities; h) cleaning and maintaining surrounding road surfaces; i) a requirement that construction works must only be carried out during the

following hours: • Monday to Friday (inclusive) – 7.00am to 6.00pm; • Saturday – 9.00am to 1.00pm; • Saturday – 1.00pm to 5.00pm (Only activities associated with the erection of

buildings. This does not include excavation or the use of heavy machinery.) Landscaping 8. A landscape plan prepared by a Landscape Architect or a suitably qualified or

experienced landscape designer, drawn to scale and dimensioned must be submitted to and approved by the Responsible Authority prior to the commencement of any works. The plan must show the proposed landscape treatment of the site including:- • the location of all existing trees and other vegetation to be retained on site; • planting to soften the appearance of hard surface areas such as driveways and

other paved areas;


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• a schedule of all proposed trees, shrubs and ground cover, which will include the size of all plants (at planting and at maturity), their location, botanical names and the location of all areas to be covered by grass, lawn, mulch or other surface material;

• the location and details of all fencing; • the extent of any cut, fill, embankments or retaining walls associated with the

landscape treatment of the site; • details of all proposed hard surface materials including pathways, patio or

decked areas. The landscape plan must include; • A minimum of three additional canopy trees in the front setback to Dandenong

Road. • Screen planting along the western and northern boundaries of the site. • Provision of canopy tree planting in the front setback to Macrina Street.

When approved the plan will be endorsed and will then form part of the permit. 9. Before the occupation of the buildings allowed by this permit, landscaping works as

shown on the endorsed plans must be completed to the satisfaction of the Responsible Authority and then maintained to the satisfaction of the Responsible Authority.

Vehicle access and car parking 10. Before the development permitted is completed, areas set aside for parked vehicles

and access lanes as shown on the endorsed plans must be: a) constructed to the satisfaction of the Responsible Authority; b) properly formed to such levels that they can be used in accordance with the

plans; c) surfaced with an all-weather sealcoat to the satisfaction of the Responsible

Authority; d) drained, maintained and not used for any other purpose to the satisfaction of

the Responsible Authority; e) line-marked to indicate each car space and all access lanes to the satisfaction of

the Responsible Authority. f) Parking areas and access lanes must be kept available for these purposes at all

times. g) All on site visitor car spaces are to be clearly marked as ‘visitor spaces’

11. The proposed crossing is to be constructed in accordance with the City of Monash

standards to the satisfaction of the Responsible Authority. 12. The existing redundant crossings in Macrina Street are to be removed and replaced

with kerb and channel. The footpath and nature strip are to be reinstated to the satisfaction of the Responsible Authority.


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13. All new crossings are to be no closer than 1.0 metre measured at the kerb to the edge of any power pole, drainage or service pit, or other services. The proposed vehicle crossing will affect an existing Telstra pit and will be within 1 m of an existing water stop. Approval from Telstra and the water authority are required as part of the vehicle crossing application process.

14. No less than 1 car space must be provided on the land for each one and two bedroom

dwelling. No less than 2 car spaces must be provided on the land for each three bedroom dwelling. Visitor car parking must be provided at a rate of no less than 1 car space to each 5 dwellings. Any future subdivision of the development must provide allocation of car parking on Title in accordance with this requirement including all visitor car parking located within common property.

Engineering 15. Stormwater discharge is to be detained on-site to the predevelopment level of peak

stormwater discharge. Approval of any detention system is required from Council prior to works commencing. Please refer to the notes section of this permit for additional details

16. All on-site stormwater is to be collected from hard surface areas and must not be

allowed to flow uncontrolled into adjoining properties. 17. Before the development starts, a site layout plan drawn to scale and dimensioned

must be approved by the Responsible Authority.

The plans must show a drainage scheme providing for the collection of stormwater within the site and for the conveying of the stormwater to the nominated point of discharge. The nominated point of stormwater connection for the site is to the east of the property where the entire site’s stormwater drainage must be collected and free drained via a pipe to the Council pit in the nature strip of Macrina Street to Council Standards. (A new pit is to be constructed if a pit does not exist or is not a standard Council pit). If the point of discharge cannot be located then notify Council’s Engineering Division immediately.

18. The property has been referred to Monash Council as an overland flow path. The

requirements to protect the property are as follows: a) The natural ground level along the northern easement is to remain the same.

The finished surface level adjacent to the building is to slope towards this easement and to the road.

b) The fences across the northern easement are to be a ‘pool-type’ fence at the bottom to allow for overland flows.

c) The 1.83 metre wide gap along the northern boundary is to be kept clear of all structures including Unit G.06 & G.07 terraces.

Developme


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Time Limit 19. This permit will expire in accordance with section 68 of the Planning and Environment

Act 1987, if one of the following circumstances applies: • The development is not started before 2 years from the date of issue. • The development is not completed before 4 years from the date of issue. In accordance with section 69 of the Planning and Environment Act 1987, the responsible authority may extend the periods referred to if a request is made in writing before the permit expires, or within six months of the permit expiry date, where the development allowed by the permit has not yet started; or within 12 months of the permit expiry date, where the development has lawfully started before the permit expires.

Notes

1. A drainage contribution will not be accepted in lieu of a detention system. Detention system requirements for above property are as follows:- Minimum storage = 16.91 cubic metres Maximum discharge rate =4.88 litres per second Minimum orifice diameter if using orifice pit = 65mm, otherwise install a Phillips

multi cell or similar to control outflow.

2. Three printed copies of the plans (A3-A1 size) for the drainage works must be submitted to and approved by the Engineering Division prior to the commencement of works. The plans are to show sufficient information to determine that the drainage works will meet all drainage conditions of the permit.

3. An on site detention system for storm events up to the 1% AEP event to be retained on site for the basement carpark. The detention system for the basement is to be separated from the detention system for the property, which is to be at ground level and discharge by gravity.

4. A Licensed Surveyor or Civil Engineer (who is a Registered Building Practitioner) must certify that the stormwater detention system including all levels, pits, pipes and storage volumes is constructed in accordance with the approved plans. The certifier’s registration number must be included on the certificate.

5. Approval of the proposed crossing, and a permit for installation or modification of any vehicle crossing is required from Council’s Engineering Department.

6. Any new drainage work within the road reserve requires the approval of the Council’s Engineering Division prior to the works commencing. A refundable security deposit of $500.00 is to be paid prior to the drainage works commencing.

7. Engineering permits must be obtained for new or altered vehicle crossings and for new connections to the Council drains and these works are to be inspected by Council (telephone 9518 3555).


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8. “Use of easement” approval is required for Unit G.06 & G.07 terrace. Approval should be given subject to: o Both Council & Yarra Valley South East Water approval being obtained; o The registration of a Section 173 Agreement on Title between the owners and

Council, protecting Council’s future drainage maintenance rights. o The use of easement agreement being signed by Council. o A construction joint being made along the easement line. o The replacement of the existing 300 mm drain within the easement by a 450 mm

drain from the pit in the footpath to a pit to be installed at the north-east corner of 3/1799 Dandenong Road.

o The payment of a $1,000 refundable security deposit prior to the drainage works commencing.

9. Tree planting should be kept clear of the drainage easement.

10. Building approval must be obtained prior to the commencement of the above approved works.

11. Building Permit approval for this development must take into consideration the location of future subdivision boundaries and their compliance with the Fire Separation Provisions of the Building Code of Australia, including Separating Walls and Openings near Boundaries, as well as the requirements of the Building Regulations.

In the event that any parking restrictions are introduced in the surrounding area, occupants of this development will not be granted parking permits. The Mayor noted that the figure in the preamble contained in the Officer’s Report dated 31 May 2016 was incorrect and should read ‘18’, not ‘19’ and that this needed to be reflected in the motion, as well. AMENDMENT

Moved Cr Pontikis, Seconded Cr Zographos

That Condition 1 part (a) be deleted and the remaining parts in Condition 1 be renumbered. Cr Pontikis said that the proposal met the Council’s planning policy requirements and it was not necessary to include the condition contained in part (a) of Condition 1. The Director City Development clarified that the application was for 18 apartments, with Officers recommending 17 apartments. Cr Pontikis’ amendment would permit the construction of 18 apartments. Cr Zographos said that he supported the amendment, noting that the applicant had made a number of concessions. He said that he was concerned that the motion, as it was before the Council, would not provide for a suitable yield for the applicant.


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CARRIED

SUBSTANTIVE MOTION AS AMENDED The Substantive Motion, as amended, was put to the vote and

CARRIED 1.5 52 Mannering Drive, Glen Waverley - Development of Four Double Storey Dwellings Moved Cr Nolan, Seconded Cr Paterson That Council resolves to issue a Notice of Refusal to Grant a Planning Permit (TPA/44368) for the development of four double storey dwellings at 52 Mannering Drive Glen Waverley on the following grounds: 1. The bulk and scale of the proposal is not respectful of neighbourhood character and is

inconsistent with the Residential Development Policy in Clauses 21.04 and 22.01 of the Monash Planning Scheme.

2. The proposal does not adequately satisfy the objectives and design standards of Clause 55 of the Monash Planning Scheme having regard to landscaping and private open space.

3. The proposal would have a detrimental impact on adjoining properties due to its scale

and bulk. 4. The proposal is an overdevelopment of the land. CARRIED 1.6 124 High Street Road, Ashwood - Development of Four Double Storey Dwellings and

Alteration of Access To A Main Road Moved Cr Paterson, Seconded Cr Lo That Council resolves to issue a Notice of Refusal to Grant a Planning Permit (TPA/45274) for the development of four double storey dwellings and alteration of access to a Road in a Road Zone Category 1 at 124 High Street Road, Ashwood subject to the following grounds: 1. The proposal does not meet the objectives of Clause 15 Built Environment and

Heritage, Clause 21.04 Residential Development, Clause 22.01 Residential Development and Character Policy and Clause 22.05 Tree Conservation Policy in terms of building bulk and massing, insufficient landscaping opportunities and integration with the street and surrounds.

2. The proposal is visually obtrusive to adjoining lots.


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3. The proposal fails to meet the following objectives of Clause 55 of the Monash

Planning Scheme: • Clause 55.02-1 Neighbourhood Character • Clause 55.02-5 Integration with the Street • Clause 55.03-3 Site Coverage • Clause 55.03-5 Energy Efficiency • Clause 55.03-8 Landscaping • Clause 55.04-2 Walls on Boundaries • Clause 55.05-1 Accessibility • Clause 55.05-4 Private Open Space • Clause 55.05-5 Solar Access to Open Space • Clause 55.06-1 Design Detail

4. The proposal is an overdevelopment of the site. CARRIED 1.7 Town Planning Schedules Moved Cr Paterson, Seconded Cr Drieberg

That the report containing the Town Planning Schedules be noted.

CARRIED 2. COMMUNITY DEVELOPMENT AND SERVICES 2.1 Victorian Royal Commission Into Family Violence – Summary of Report and

Recommendations Relevant To the City of Monash


That Council notes the summary of the Royal Commission into Family Violence report and recommendations relevant to the City of Monash. Cr Pontikis noted that the Council had partnered with Vic Health on this project and was pleased to see the findings of the Royal Commission. He said that he anticipated that the Council would work hard to implement the Commission’s recommendations. Cr Lo said that the Local Government sector’s role in this issue had been acknowledged by the State Government, with $650,000 additional funding being provided to the sector to continue its work. He acknowledged the work of Vic Health and Link Health and Community, in their partnership with the Council.


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CARRIED

2.2 City of Monash Public Health Approach to Gambling Policy Statement 2016-2020 Moved Cr Paterson, Seconded Cr Drieberg

That Council 1. Endorses the City of Monash Public Health Approach to Gambling Policy

Statement 2016 – 2020; and 2. Notes the incorporation of the Public Health Approach to Gambling Policy

Statement into the Health & Wellbeing Partnership Plan 2013 – 2017 and Access & Equity Framework 2013 – 2017.

Cr Davies said that he was concerned that the Council would not support community groups that met in venues that had electronic gambling machines. He noted that the Waverley War Widows met at the Glen Waverley RSL, which was an appropriate venue for that group to meet. He also noted that the Mulgrave Country Club supported the local community and was a sponsor of the Waverley Park Hawks. Cr Davies said that the real problem was sports betting; electronic gambling machine patrons were getting older and the real threat was on-line sports betting. Cr Davies said that the focus on electronic gambling machines was over the top and he would not support the motion. In response to a question from Cr Paterson, the Director Community Development and Services advised that the Council was ranked fourth for gaming spending, in 2014/2015, in the metropolitan area, with $115 million lost to electronic gambling machines. Cr Paterson said that such a loss to electronic gambling was a real concern. She added that she supported the Council not supporting community groups meeting in gambling venues. Cr Paterson said that she agreed that on-line sports betting was a concern. The Council was Local Government was involved in the process regarding the issuing of licences for electronic gaming machines and would support a motion that sought the involvement of Council’s in the formal processes related to on-line sports betting. Cr Little said that electronic gambling machines had very aggressive algorithms that entrapped machine users. He also noted that the Council’s continuing work relating to the issues raised by on-line sports betting. In response to a question from Cr Pontikis, the Director Community and Development Services advised that the Council would meet with all community groups affected, to find alternative meeting spaces and support them through that process. Cr Zographos said that he shared Cr Davies’ concerns about the community groups and that it was not Council’s position to say where the groups met. He said that gambling was still a legal activity.


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The Mayor said that 3 community groups would be affected and they were not being forced to move from their current venues. However, if they remained there, Council funding to them would be withdrawn. He said that the groups affected would be supported by the Council if they chose to relocate. The Mayor added that the whole issue needed to be approached from an evidence-based position; electronic gambling machines were responsible for 3 out 4 problem gamblers. Sports betting was a problem and the Alliance For Gambling Reform was addressing the issue. The Mayor said that the Council had a saturation of electronic gambling machines.

CARRIED

PROCEDURAL MOTION

Moved Cr Lake, Seconded Cr Paterson That the meeting be extended to 11.00 pm.

CARRIED

2.3 Commonwealth Aged Care Reforms and Changes For Monash Residents Effective As of July 1 2016


That Council 1. Notes the report and the potential impacts on Monash residents; 2. Confirms that there will be no change to the services of any existing Home and

Community Care customer; 3. Notes that any new customers will be required to access the service via the

Commonwealth’s My Aged Care system; and 4. Approve the development of a communication strategy in line with any

Commonwealth and State communications.

CARRIED

2.4 Freeway Reserve Master Plan Moved Cr Davies, Seconded Cr Drieberg

That Council endorses the Freeway Reserve Masterplan and considers progressing this plan through future Council budgets allocations. AMENDMENT

Moved Cr Davies, Seconded Cr Pontikis


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That Council 1. Endorses the Freeway Reserve Masterplan; and 2. Progresses the recommendations in the Masterplan by funding Stages 1A

($85,000) and 1B ($350) in the 2016/17 Council Budget at a total of $435,000

In response to a question from Cr Pontikis, Cr Zographos said that the proposed amendment would not result in a material effect on the Budget. The Director Corporate Services advised that the amendment would result in an increase in the capital works budget of $400,000, unless other projects were re-prioritised. In response to a question from Cr Davies, the Director Corporate Services advised that the Council had the capacity to sustain the increase in the capital works budget. Cr Zographos said that the master plan had been put out to public consultation and there was community support for extra funding, with 26 submissions made to the to the 2016/2016 Budget process on this project. He added that the extra funding could be found within the proposed budget. Cr Davies said that the $50,000 had been allocated for the master plan, which had been completed in April and was strongly supported by the local community. It offered a project that would represent great value for money for the Council and the community. The Mayor said that he was against the amendment, from a process point of view. The proposal needed to be evaluated against other priorities in the process for the next financial year’s budget, not now, in the middle of the process for the 2016/2017 budget.

LOST

DIVISION A Division was called For: Crs Davies, Pontikis, Zographos Against: Crs Lake, Paterson, Drieberg, Hosking, Little, Lo, Nolan SUBSTANTIVE MOTION In response to a question from Cr Little regarding the Fioretto Fencing Club, the Director Community and Development Services advised that the master plan


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addressed short, medium and long-term goals. Facilities for the club required considerable funding, possibly from external sources and this was part of the master plan’s long term goals Cr Davies said that this was a bit of a joke. He said that the Council could find $650,000 for Waverley Gymnastics, but not $450,000 for this project, in Mulgrave. The Mayor said that he had discussed his amendment regarding Waverley Gymnastics and had received support for it. Cr Zographos said that it was unfortunate that the Council was playing politics and it depended on which political party you belonged to, to get support for a project.

CARRIED

2.5 Contract For Event and Risk Management Services Moved Cr Lake, Seconded Cr Paterson

That Council: 1. Accepts the tender from Fruitbowl Productions Pty Ltd for Contract No.

CF2016004, for Event and Risk Management Services, for a 3 year contract period (1 July 2016 – 30 June 2019), with an additional two (2) x one (1) year optional extensions (1 July 2019 – 30 June 2020 and 1 July 2020 – 30 June 2021) subject to satisfactory performance in accordance with the lump sum price of $96,896.57 GST inclusive submitted in the tender, adjusted for CPI annually.

2. Accepts the Schedule of Daywork Rates as submitted, ranging from $30 - $70

per hour for additional services as required, estimated at $3,000 per annum. 3. Authorises the Chief Executive Officer to execute the contract agreement;

(and) 4. Authorises the Chief Executive Officer at her discretion to approve (each of) the

extension option(s) for two (2) x one (1) year optional extensions in the contract agreement subject to satisfactory performance.

CARRIED

2.6 Contract For Maintenance of Aquatic Pool Plant Moved Cr Lake, Seconded Cr Paterson

That Council


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1. Accepts the tender from Roejen Service Pty Ltd, for Aquatic Pool Plant Maintenance for a period of one (1) year with two (2), two (2) year extensions commencing 1 July 2016.

2. Accepts the tenders from Commercial Aquatics Australia Pty Ltd and Mechanical Plumbing Services Pty Ltd to join with Roejen Service Pty Ltd to form a panel of providers for larger repairs , plant renewal, new and related works for a period of one (1) year with two (2), two (2) year extensions commencing 1 July 2016.

2. Approves an estimated contract total value of $1,350,000 (inc GST) plus CPI over five years.

3. Authorises the Chief Executive Officer to execute the contract agreement. 4. Authorises the Chief Executive Officer to approve each of the extension

option(s) the contract agreement, subject to satisfactory performance.

CARRIED

2.7 Contract For Glen Waverley and Oakleigh Golf Courses Management Moved Cr Davies, Seconded Cr Little

That Council 1. Awards the Tender for the management and operation of Glen Waverley and

Oakleigh Golf Courses (Contract No 2016112) to Leisure Management Services for a fixed payment to Council totalling $6,346,547 (inclusive of GST) over a five year period commencing 1 July 2016.

2. Authorises the Chief Executive Officer to execute the contract agreement. 3. Authorises the Chief Executive Officer, at her discretion, to approve the

extension option of 5 years as indicated in the contract agreement subject to satisfactory performance.

In response to a question from Councillor Davies regarding the $6 million income to Council via the contract, the Director Corporate Services advised that the details regarding costs, and other factors, were commercially sensitive and confidential.

CARRIED

2.8 Relocation of ‘Melody’ Artwork Moved Cr Zographos, Seconded Cr Pontikis

That Council relocate the artwork entitled ‘Melody’, currently located in Eaton Mall to the corner of Portman and Burlington Streets Oakleigh site. Cr Zographos commended the proposal to keep the public artwork in Oakleigh Ward.

CARRIED


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2.9 Mount Waverley Community Infrastructure Project Moved Cr Paterson, Seconded Cr Lo

That Council: 1. Notes the outcome for the consultation undertaken with the community 2. resolves to commence the statutory process pursuant to Sections 189 and 223 of

the Local Government Act 1989 (Act) to give public notice of Council’s intention to sell the following parcels of Council owned land:

a. 6 Holskamp Street, Mount Waverley (Volume 6132 Folio 370); and b. 14 The Highway, Mount Waverley (Volume 9484 Folio 072), by way of public auction. 3. Appoints a Committee of Council comprising the Mount Waverley Ward

Councillors to consider submissions received under Section 223 of the Act at 7.30pm on Tuesday 19 July 2016 at the Civic Centre.

In the event of there being no submissions received, that Council: 4. having complied with its obligations under ss 189 and 223 of the Act, resolve to

sell by public auction (or, if passed in at auction, by private treaty): a. the land contained in certificate of title volume 6132 folio 370 and known as 6

Holskamp Street, Mount Waverley; and b. the land contained in certificate of title volume 9484 folio 072 and known as 14

The Highway, Mount Waverley; 5. authorise the Chief Executive Officer or her delegate, on behalf of Council, to

negotiate a sale in the event that the reserve price is not achieved during auction; 6. authorise the Chief Executive Officer or her delegate, on behalf of Council, to sign

and seal all documentation (including a transfer of land) required to effect a sale of each property referred to in paragraph 4 above; and

7. authorise Council officers to proceed with the design phase for the proposed

refurbishment of the Mount Waverley Community Centre and Youth Centre and to allocate the funds from the sale of 6 Holskamp Street Mount Waverley and 14 The Highway Mount Waverley to the financing of the refurbishment of the Mount Waverley Community Centre and Mount Waverley Youth Centre at 47 Miller Crescent Mount Waverley.

Cr Lo congratulated Council officers on their work on the project. He said that this proposal, which would provide a state of the art facility, was greatly needed in Mount Waverley Ward and the Labor Party had committed funding for the project. Cr Davies asked if the $1.5 million commitment would change the project.


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The Mayor advised that the question would be taken on notice. Cr Davies asked if further funding for the project was needed. The Mayor advised that the question would be taken on notice. Cr Davies asked if there was a full project plan. The Director Community Development and Services advised that the project would be fully funded through the sale of the 2 properties and other, additional funding sources could be explored.

CARRIED

3. CORPORATE SERVICES 3.1 Procurement Policy Update Moved Cr Lake, Seconded Cr Paterson

That Council adopts the updated Procurement Policy 2016 (attached), in accordance with s. 186A of the Local Government Act 1989 and places a copy on Council’s web site, www.monash.vic.gov.au.

CARRIED 3.2 2015/16 Financial Management and Capital Works Progress Report – Third Quarter

March 2016 Moved Cr Lake Seconded Cr Paterson

That Council: 1. Notes the Quarterly Financial Management and Capital Works Progress Report

for the period ending 31 March 2016, presented in accordance with Section 138 of the Local Government Act 1989.

2. Approves the variations contained therein.

CARRIED 4. INFRASTRUCTURE 4.1 Contract For Sports Lighting – Waverley Women’s Softball Centre Moved Cr Little, Seconded Cr Paterson

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


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That Council: 1. Accepts the tender from Commlec Services Pty Ltd for Contract No CF2016099,

for the Waverley Women’s Softball Centre Sports Lighting Upgrade in accordance with the lump sum price of $249,000 (GST Exclusive) or $273,900 (GST Inclusive) submitted in the tender.

2. Notes that the anticipated project expenditure is $270,175 (GST exclusive) for

the construction, design, project management and contingency fees ($45,175 GST Exclusive) with a maximum Council contribution of $150,000.

3. Authorises the Chief Executive Officer to execute the contract agreement. Cr Davies said that this was another good project, with the Centre located adjacent to Jells Park, Wheelers Hill.

CARRIED 4.2 Level Crossing Removal Project For Centre Road, Clayton Road and Poath Road –

Status Report 2 Moved Cr Little, Seconded Cr Paterson

That Council: 1. Notes the information and events in relation to the level crossing removal project

since Council’s previous meeting as outlined in the report. 2. Particularly notes the release of the Preliminary Noise Report and its findings. 3. Continues to support Council officer involvement in the detailed design to ensure

the best community outcomes, including the delivery of high quality urban spaces and open space balanced by the need for community facilities, commuter and customer parking requirements.

AMENDMENT

Moved Cr Zographos, Seconded Cr Lake That Part 4 be added as follows: That Council notes the motion that was carried by Kingston Council on 23 May 2016 which stated: That Council write to The Hon Jacinta Allan, Victorian Minister for Public Transport advising her that as a result of an extraordinary level of public disquiet and concern, together with an untimely and unsatisfactory response to earlier Council requests for action and information, we are unable to support an elevated rail line as an option to be considered in the removal of level crossings


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along the Frankston line, where it is within the City of Kingston municipal boundaries. The City of Kingston will continue to work cooperatively with the LXRA in determining which of the remaining options should be selected in order to fulfil the Andrews Government election commitments in relation to level crossing removal. Cr Zographos advised the Council that if the amendment was carried, his Notice of Motion, Item 7.5 on the meeting agenda, would lapse.

CARRIED SUBSTANTIVE MOTION AS AMENDED The Substantive Motion, as amended, was put to the vote and declared carried.

CARRIED 5. CHIEF EXECUTIVE OFFICER’S REPORTS 5.1 Assembly of Councillors Record

Moved Cr Drieberg, Seconded Cr Little

That Council notes the Assembly of Council records submitted as part of the requirements of the Local Government Act 1989. Cr Davies commended the Administration for updating the records.

CARRIED 6. COMMITTEE REPORTS 6.1 Monash Neighbourhood Matching Grants

Moved Cr Pontikis, Seconded Cr Paterson

That Council accepts the Monash Community Grant Evaluation Panel recommendations to fund a total of $4,000 for cash allocation supporting two (2) Monash Neighbourhood Matching Grant applications to: a) Emmanuel Fitness & Fun; and b) Community Iftars 2016.

CARRIED 6.2 Report on the Settlement of Syrian and Iraqi Refugees In Australia

Moved Cr Davies, Seconded Cr Hosking


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That Council:

1. Notes the report on the settlement of Syrian and Iraqi refugees in Australia.

2. Endorses writing to the Hon. Peter Dutton MP, Minister for Immigration and Border Protection, the Hon. Christian Porter MP, Minister for Social Services and the Hon. Robin Scott MP, Victorian Minister for Multicultural Affairs and Helen Kapalos Chairperson, Victorian Multicultural Commission, offering Monash City Council’s support for the settlement of Syrian and Iraqi refugees in Victoria.

3. Endorse the following initiatives that will strengthen Council’s support to newly arrived migrants and refugees settling in Monash.

Cr Davies said that the Multicultural Advisory Committee Chairperson, he commended the motion. He noted that the community in Syria was severely affected by the fighting, including the Armenian community there. He added that the issue was relevant to Monash and should be addressed. Cr Lo said that he supported the motion and if it was passed, Monash would be joining other Councils in providing support. He also noted that the Council would be writing to the Minister form Immigration and Border Protection, the Minister for Social Services, the Victorian Minister for Multicultural Affairs and the Chairperson of the Victorian Multicultural Commission.

CARRIED 7. NOTICES OF MOTION

7.1 Discretionary Fund Applications - Mayor

Moved Cr Lake Seconded Cr Lo

That Council resolves to approve the following applications for funding from the Discretionary Fund:

APPLICANT PURPOSE AMOUNT RECOMMENDED

Australian Greek Welfare Society

Hire charges for hall use

$483.62 excl. GST

CARRIED 7.2 October Council Meeting Date


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Moved Cr Lake, Seconded Cr

That this matter be deferred to the June 2016 Council meeting.

CARRIED

7.4 Huntingdale Activity Centre – Commitment To Prepare A Structure Plan Moved Cr Pontikis, Seconded Cr Zographos

That Council:

1. Recognises the significant role that the Huntingdale Activity Centre plays as a centre for the community and as a gateway to Monash University and the Monash Employment Cluster;

2. Approaches the Metropolitan Planning Authority (MPA) for assistance in preparing a Structure Plan for the Activity Centre following completion of the Clayton Structure Plan; and

3. If the MPA is unable to assist or has not completed the Clayton Structure Plan considers funding the preparation of a Structure Plan for the Activity Centre in the 2017/18 budget cycle.

Cr Pontikis said that significant changes were occurring in Clayton and other areas adjacent to Huntingdale and there was potential for growth in in Huntingdale, as well, which should be managed. Cr Zographos said that with works around Huntingdale Railway Station and future plans for a rail link to Rowville, the future for Huntingdale looked very positive. The Director City Development advised that the Metropolitan Planning Authority had a wide and varied role and had expressed an interest in assisting the Council to develop a structure plan for Huntingdale. The Council needed to ensure that the MPA’s work on Clayton was completed prior to it commencing to assist with the plan for Huntingdale.

CARRIED

7.5 Skyrail – It Ain’t Over Till It’s Under

Lapsed

CARRIED

7.6 Monash To Rowville Rail Link

PROCEDURAL MOTION Moved Cr Lake, Seconded Cr Little


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That this report be deferred for one month to allow Council officers to provide advice to Council about the matters raised in the motion and that the submitting Councillor be encouraged to provide supporting information in support of his motion and to submit it as part of Council’s usual processes so that it can be discussed at a briefing session prior to coming to a Council meeting as is the usual approach.

CARRIED

DIVISION A Division was called. For: Crs Lake, Paterson, Drieberg, Hosking, Little, Lo, Nolan, Against: Crs Zographos, Davies, Pontikis

7.7 Local Police Stations Closed In Monash Moved Cr Lake, Seconded Cr Lo

That this report be deferred for one month to allow Council officers to provide advice to Council about the matters raised in the motion and appropriate consultation with Victoria Police to occur. Further that the submitting Councillor be encouraged to provide supporting information in support of his motion and to submit it as part of Council’s usual processes so that it can be discussed at a briefing session prior to coming to a Council meeting as is the usual approach.

CARRIED DIVISION A Division was called. For: Crs Lake, Paterson, Drieberg, Hosking, Little, Lo, Nolan, Pontikis Against: Crs Zographos, Davies

7.8 MAV Update Regarding 2015 Auditor General’s Report Moved Cr Zographos, Seconded Cr Davies

That Council 1. Notes it has been almost twelve months since Council passed a resolution

noting the Victorian Auditor General’s “Effectiveness of Support for Local Government” Report in June 2015. This report highlighted many governance failings at the MAV.


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2. Notes in its resolution of June 2015, Council was supportive of the MAV Executive Management and staff in resolving these issues and meeting VAGO’s recommendations. Council had been informed that MAV had a comprehensive plan to resolve these audit issues. However, since that time, Council has not received any update on progress.

3. Directs the CEO to write to the MAV seeking a comprehensive progress update on resolution of the numerous audit recommendations made by VAGO.

4. Reviews any forthcoming response at the earliest public General Council meeting.

AMENDMENT

Moved Cr Lake, Seconded Cr Lo That: Part 1 of the motion be amended to read:

1. Notes it has been almost twelve months since Council passed a resolution noting the Victorian Auditor General’s “Effectiveness of Support for Local Government” Report in June 2015. This report highlighted a number of areas of improvement at the MAV.

Part 2 be amended to read: Notes the recent report provided by the MAV on its progress in response to the recommendations.

Parts 3 and 4 of the motion be deleted.

The Mayor said that the amendment was self-explanatory. Cr Zographos said that the amendment changed the meaning of the motion, as it sought to have the Chief Executive Officer write to the MAV. The amendment did not go far enough.

CARRIED DIVISION A Division was called. For: Crs Lake, Paterson, Drieberg, Hosking, Little, Lo, Nolan, Pontikis Against: Crs Zographos, Davies SUBSTANTIVE MOTION AS AMENDED


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Cr Davies said that it was important that the MAV’s governance issues were resolved and that the motion, prior to it being amended, was entirely reasonable.

CARRIED 7.9 Governance Standards In Local Government Authorities

PROCEDURAL MOTION

Moved Cr Lake, Seconded Cr Little

That this report be deferred for one month to allow the submitting Councillor to provide more elaboration on what he seeking from this Notice of Motion, including the issues he is seeking to address so that this matter can be more adequately considered by Council. Further, that the submitting Councillor be encouraged to provide supporting information in support of his motion and to submit it as part of Council’s usual processes so that it can be discussed at a briefing session prior to coming to a Council meeting as is the usual approach.

CARRIED

DIVISION A Division was called. For: Crs Lake, Paterson, Drieberg, Hosking, Little, Lo, Nolan, Pontikis Against: Crs Zographos, Davies

7.10 Quickshop Parking Option in Chester Street Oakleigh

Moved Cr Lake, Seconded Cr Paterson

That this report be deferred for one month to allow Council officers to provide advice to Council about the matters raised in the motion and that the submitting Councillor be encouraged to submit this Notice of Motion as part of Council’s usual processes so that it can be discussed at a briefing session prior to coming to a Council meeting as is the usual approach.

CARRIED DIVISION A Division was called. For: Crs Lake, Paterson, Drieberg, Hosking, Little, Lo, Nolan, Pontikis Against: Crs Zographos, Davies


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7.11 WA Scammell Reserve Pavilion Upgrade Project

Moved Cr Lake, Seconded Cr Paterson

That Council: 1. Delays the pavilion upgrade project by one month to allow the club to further pursue opportunities to source additional funds; 2. Confirms that if additional external funding is not secured by the end of June 2016, that the project will resume based on the existing budget; and 3. Amends the 2016/17 Capital Works budget accordingly. Cr Zographos said that the motion did not put the users of the pavilion in a better position and this may have something to do with the forthcoming Federal election. He added that the project was nowhere near as progressed as it should have been and that Councillors had let the clubs down. Cr Zographos said that the club had sought greater Council support and he wanted the Council to review the situation and not build something that would not meet future needs. He noted that the State Government had not agreed to provide financial support to the project.

Cr Davies said that he was disappointed that the matter had not been resolved and that perhaps State Government funding was needed. Cr Davies noted that Stephen Dimopoulos, when he was a Councillor, had said in 2014 that the project was urgent. He added that the Council should completed the project as soon as possible, with the funds that it had. Cr Paterson responded that the motion was appropriate in the circumstances, giving the club an opportunity to raise further funds and given that it was the club which was actually seeking the deferral. The Mayor concurred with Cr Paterson’s remarks, noting the extensive efforts of the Council in working with the club over a period of time.

CARRIED

8. URGENT BUSINESS Nil.

9. COUNCILLORS’ REPORTS PROCEDURAL MOTION

Moved Cr Lake, Seconded Cr Drieberg


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That Councillors’ Reports be deferred to the June 2016 Council meeting.

CARRIED

10. PERSONAL EXPLANATIONS Cr Zographos made a Personal Explanation saying that the Notices of Motion that he had submitted had been done so within the deadline stipulated by the Meeting Procedures Local Law No.1. and that it was not envisaged that the Supplementary Standing Orders would apply to this meeting of Council. He advised that he would submit further information to the Council on the motions that he had submitted.

11. MATTERS OF COUNCIL IMPORTANCE

11.1 Filling of Extraordinary Vacancy and Swearing in of Councillor for Oakleigh Ward

The Chief Executive Officer advised the Council and directed that it be recorded in the minutes of this meeting, as required by the Local Government Act 1989, that a countback for an extraordinary vacancy in Oakleigh Ward was conducted by the Victorian Electoral Commission, on Monday 23 May 2016. At that countback Nga Hosking was declared elected as a Councillor of the City of Monash, for Oakleigh Ward. Cr Hosking took her Oath of Office before the Chief Executive Officer, in the Council Chamber of the Civic Centre, on Monday 23 May 2016, following the declaration of the result of the countback.

The Mayor congratulated Cr Hosking and, on behalf of the Council, presented her with a framed certificate to commemorate her election to the Council.

12. CONFIDENTIAL BUSINESS

Moved Cr Lake, Seconded Cr Pontikis That as there are matters that may prejudice the Council, that, in accordance with the provisions of section 89(2) of the Local Government Act 1989, the Council moves into Confidential Business

CARRIED

RETURN TO OPEN COUNCIL


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The Council returned to Open Council at 11.03 pm

The Mayor declared the meeting closed at 11.04 pm

MAYOR: ......................................…………

DATED THIS ............................... DAY OF ............................... 2016


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COUNCIL MEETING

31 MAY 2016

PUBLIC QUESTION TIME Question from Fiona Wright Re C125: We have been waiting since the start of this year – the timeframe previously given – for applications to be assessed against C125. Since then, we have seen numerous applications completely non-compliant with any version of C125. We already know that the vast majority of Monash residents want development curbed to more acceptable levels and viable gardens for new dwellings. My question is: In order to protect our suburbs and halt the appalling overdevelopments we are seeing, when will new applications, applications before the Planning department, and planning and building permits requesting renewal, have to meet C125? Thank you for your question Fiona. The community consultation part of Amendment C125 has been completed, but it is not yet part of the planning scheme and cannot be used in the consideration of planning applications. The next step of the process would be for the Amendment to be considered by an independent panel. Council will decide tonight at item 1.2 of the agenda whether to refer the Amendment to an independent panel for consideration. If the Amendment is referred to a panel, Council will consider the recommendations of the panel when they are available, before considering whether to, and in what form, send the amendment to the Minister for Planning for approval. Council will have the opportunity to begin assessing planning applications against the Amendment when it considers the panel report and its recommendations later in the year. Question from Anne Mac We have been waiting for almost 6 months for planning applications to have to meet the severely compromised version of C125 with its removal of setbacks, which now protects really only those in NRZ. I ask, when will council protect some of Monash from overdevelopment and progress C125 to the planning panel and will this council accept this panel’s expert recommendations? Thank you for your question Anne. Council at Item 1.2 of tonight’s agenda will decide whether to refer Amendment C125 to an independent panel for consideration. It would not be appropriate to commit to accepting any or all of the panel’s recommendations prior to the panel hearing and receipt of their report, especially in the absence of any understanding of what their views might be. Question from Anna and Albert Muto We back on to the overdevelopment proposed for 124 High St Ashwood. Developers have known of C125 changes for a year now. When will this council protect our homes and backyards by making applications comply with C125 including forcing basement garages to be brought in off boundaries and to not extend further into lots than the above ground building works? Thank you for your question Anna and Albert. As I have answered in previous questions, Amendment C125 has been through the community consultation stage, but is not yet part of the planning scheme and cannot be used in the consideration of planning applications. Council will only be able to begin


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considering applications against the amendment after it has considered the independent panel’s recommendations which would be received later in the year if the officer’s report is adopted tonight. I should state however that Amendment C125 does not include any special provisions requiring setbacks for basement parking nor does it include any provision that basements are restricted to match above ground works. Question from Caroline Bayliss Council has had three comprehensive public consultation processes around various iterations of C125 since June 2015. Community opinion is now polarised between those who want to preserve the “garden city” character of the municipality and those who seek unfettered development. Council’s report tonight in relation to C125 recommends no substantive changes to the 29 March “in-principle” position, beyond minor tweaking. In light of the impasse in community opinion, and given the recommendation to retain the “in-principle” position, will Council tonight commit to referring C125 to Planning Panels Victoria as soon as possible, without further substantive changes and without further delay? Thank you for your question Caroline. Council at item 1.2 of tonight’s agenda will decide whether to refer Amendment C125 to an independent panel for consideration. In considering this item tonight, it is open to Council to adopt the recommendation as printed, make changes or abandon the amendment. If Council decides to refer the Amendment to a planning panel, the process to request and establish a planning panel will commence immediately. Question from Joy Graves Re revised Eaton Mall Trading Plan. As a concerned resident of Oakleigh, I formally request the decision of the Council meeting April 26th to adopt the revised Eaton Mall Trading Plan be set aside to allow for public consultation; principally to address the issues surrounding the removal of public seating, removal of mature tree and stage, and that the amended plan disregards the original design criteria and vision for the Mall. I would further propose that Council undertake a formal audit of the Mall and its use, with regard to, determining what is a maximum safe number of outdoor dining spaces, how they are allocated, and the impact of those spaces on the general public’s right of use and passage through the precinct. Thank you for your question Joy. I was not at the Council meeting where the decision to adopt the changes was made. I have also expressed a view that I believe that the works should be placed on hold to allow consultation with the community and traders to occur. However, Council has made its decision and councillors have not agreed with my view that this decision should be re-visited to allow consultation to occur. The decision will see the removal of two table and chair sets and four bench seats from the central area and the relocation of two single seats and a bench seat at the southern end of the mall. All other public seating will remain. With the removal of the stage, the tree has to be removed as it has not been planted in a way that would be safe if the stage is removed. The Council decision will also see the artwork ‘Melody’ relocated to another site within Oakleigh. Council, at item 2.8 in tonight’s agenda, will consider other locations for this artwork. It is not disputed that the changes move away from the original design of the mall, but the mall is a very different place to what it was even three years ago, and its popularity has soared creating more demand for trading. The mall and the works that were done have been an outstanding success.


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Importantly, trading is still allowed in a consistent way, albeit it is expanded. The Eaton Mall trading policy provides guidance as to how trading applications are considered and is to be read in conjunction with the trading plan. There are no changes to the 2.4 metre wide pedestrian walkways on either side of the central areas of the mall, which remain unimpeded, and links or ‘crossovers’ between those walkways, which are either being maintained or created so as to facilitate pedestrian movement. Question from Franklin Ness A) What is the pre existing funding for Councils obligation to build, maintain adequate rest and recreation amenities for Oakleigh residents, what’s the dollar value for each restaurant seat on Eaton Mall, and subsequently, what has been thus far and will be in the future, the compensation for loss of public amenities therein, without creating fiscal dependency. B) Given that al-fresco trading on Eaton Mall is a privilege, would the Council consider making it a statutory right “That all people visiting Eton Mall are permitted to fairly utilize seating unimpeded, without expectation of purchase from traders”, and placard that right accordingly? Council response Thank you for your question Franklin. There is no funding specifically set aside to build and maintain rest and recreation amenities for Oakleigh, however such facilities are provided for under a range of Council programs. We have seen this more recently with the reconstruction of the public toilet block in Chester Street, which is currently underway. In addition to Council expenditure, the mall did receive funding when it was constructed. The funding agreement required that the works remain in place for 5 years from the date of the agreement. This obligation has since expired. With the significant increase in visitors and demand for additional seating it was clear that the requirements of the mall today are significantly different to those that existed even 3 years ago. It is also reasonable that as the area grows changes are able to occur. Council’s adopted budget for the current financial year requires that traders pay $191 for up to 10 chairs and $365 per chair thereafter. Because traders pay for the privilege of providing seating for their customers within the mall it is not possible to specify that non customers can use these seats. Importantly, public seating is both accessible and available at the southern section of the mall closest to Centro and where the mall intersects with Portman Street, Chester Street and Atherton Road. Question from Chan Cheah Item 7.3 Quality oriented conduct management is driven by principles of transparency and other good governance principles. Creating media publicity to announce subjective rules to assure conduct management quality is not good leadership the community value. Videoing, to give visibility and transparency to what really happens during council debates and conduct behaviours, is a better neutral, TQM and process driven solution. Many councils have adopted and are increasing adopting this good practice. The mayor has been in Monash for over 10 years and has certainly contributed to the state of conduct to what is today. So, if the mayor is genuine about improving conduct, when is the earliest he can make videoing meeting happen in Monash? Council’s response


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Thank you for your question Chan. The Council considered reviewing its meeting procedures Local Law No.1, on several separate occasions in 2013, 2014 and again in early 2015. In each instance it was decided that the best and most appropriate course of action was to consider the issues and suggestions raised, as part of the review of the current local law in preparation for the adoption of a new local law, which expires in late 2017. Council has resolved that the question of recording Council meetings, including by webcast, will form part of that review. I should also point out that in Item 7.3 of this evening’s agenda, Council will consider the introduction of Supplementary Standing Orders for Council meetings, including the proposed introduction of audio recording of meetings. Question from Lynette Saloumi To Mayor Geoff Lake This question has reference to Monash Budget 2016-17 discussed 26.04.2016 and this month's Agenda Items 2.2 and 7.3 The Question: “Requirements Sept 2013 Councillors’ Code of Conduct:

· Act honestly · Not mislead · Exercise reasonable care, diligence · Accept scrutiny · Ensure resources are used prudently; solely in the public interest

Mayor, you fail by:

· Misappropriating Council resources in desperate promotion of personally favoured library · Manipulating phone poll, responses and analysis · Purposeful non-disclosure of associated high-rise towers to respondents · Dismissing community’s wishes · Misrepresenting alternative scenarios · Premature RFP progression before budget item passed · 30/6/2015 stating “Gambling Alliance” imposes no financial burden on Monash; now seeking $25,000 · As Chairman, Investment Committee, maintaining Pokies’ manufacturer Aristocrat within Vision Super’s top 20 stock-holdings. Explain non-compliance, hypocrisy, conflicting interests.”

Council’s response Thank you for your question, Lynette. I certainly accept – and even welcome – scrutiny so I am happy to respond to your points. I will respond to your last points first, as they are fresher in our minds. Council is proposing to contribute $25,000 to the Alliance for Gambling Reform. This would be our contribution to a specific campaign for legislative reform of the gambling industry, to reduce the harms caused by poker machines. Other councils – such as Melbourne, Moreland and Whittlesea – have already made


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financial contributions or have indicated they will make these contributions. Council is not required to make this contribution but is choosing to do so to support the work of the Alliance. We are proposing this financial contribution in a democratic and transparent way, by including it in our draft budget, which we have been seeking community feedback on over the past 28 days. Next month, we will be considering all submissions that we receive on the draft budget so we be interested to see if there is any feedback on this point. Our community has indicated in the past that they support Council in advocating strongly to reduce the harms caused by poker machines. For example, more than 10,000 Monash residents pledged their support for the “Enough Pokies” campaign which Monash Council led in 2014. It is also well worth flicking through agenda item 2.2 which reports back on community feedback on Council’s Gambling Policy Statement. All but three of the 43 submissions we have received in response to this document support the measures proposed by Council in relation to our work on poker machines. It is also worth noting that two of these three objections were from organisations which run poker machines. In relation to my role as a trustee director at Vision Super, it would be inappropriate for me to seek to prosecute my own personal views about poker machines, or even this Council’s positions on poker machines, on investment decisions which Visioni Super makes in the interests of securing the best position in retirement for its 100,000 its members. I will continue to focus my efforts, on convincing governments of the need for more appropriate regulation of poker machines. In relation to the claims you have made about the proposal for a new community precinct on the Central Car Park site, I don’t agree with your assessment of the situation. Far from dismissing the community’s wishes, Council is seeking to ensure that what is delivered is in line with what the wider community wants. The majority of residents who have shared their views with Council agree the site could be put to a much better use than simply being a car park. Several community members have argued strongly for a public square and a central public square is certainly a key part of the proposal we are exploring. We have been open and transparent in saying that the proposal we are exploring would include some private development on the site, to offset the cost of the replacement car parking and the community facilities. The shortlisted developers’ proposals are expected to be considered by Council in 2017 and if any are considered suitable, Council will then seek community feedback on what is proposed before deciding whether to proceed any further. There will still be many opportunities for the community to have their say on this project and certainly all contributions are welcomed, including yours. Question from Derek Balogh

Now that Cr Lake has self appointed himself, once again, as our current Mayor, following Stefanie Perri's resignation and subsequent failure to fight for Monash homeowners and business people, will Cr Lake openly declare ALL of his pecuniary interests and board seats of any company's, at the May Council meeting, if he is serious to improve the low and falling perceptions and lack of Good Governance, in our City Council? Council’s response Thank you for your question, Derek. I was elected Mayor at a Special Meeting of Council, on 4 May 2016. I was elected unanimously. I did not appoint myself to that position and indeed, as I indicated at the time, I have taken it on somewhat reluctantly because of wanting to address the unreasonable behaviour on display at recent Council meetings. I have always fully and frankly declared all of my pecuniary interests twice a year as I am required to do under the provisions of the Local Government Act 1989. These returns are included in a public


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register. My returns are included on this register. It includes all of the board positions which I hold and does so going back over several years. I just want to also pick up on your assertion that Council is experiencing declining levels of community satisfaction. In fact, the opposite is true. In the past week, we have received the results of the state government’s annual community satisfaction survey for 2016. It shows substantial improvement by this Council over the past two years across all measures, in particular in community consultation and engagement, customer service and informing the community. On overall performance, we are 4 points higher than the average of other metropolitan councils and 11 points above the average across the state. On overall Council direction, we are 6 points above the metropolitan average and 10 points above the state average.

City of Monash | Monash Council - MINUTES OF …...2016/05/31 · 31 MAY 2016 1 MINUTES OF THE ORDINARY MEETING OF THE MONASH CITY COUNCIL HELD IN THE COUNCIL CHAMBERS, SPRINGVALE

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