MINUTES
COUNCIL MEETING
TUESDAY, 27 JUNE 2017
HASTINGS COMMUNITY HUB 1973 FRANKSTON-FLINDERS ROAD, HASTINGS Council Meeting Minutes Tuesday, 27 June 2017
MORNINGTON PENINSULA SHIRE COUNCIL
WARDS AND COUNCILLORS
Briars Cr. Rosie Clark Cr. Bev Colomb Cr. Sam Hearn
Cerberus Cr. Kate Roper
Nepean Cr. Hugh Fraser Cr. Bryan Payne
Red Hill Cr. David Gill
Seawinds Cr. Simon Brooks Cr. Antonella Celi Cr. Frank Martin
Watson Cr. Julie Edge
EXECUTIVE TEAM
Mr. Carl Cowie Chief Executive Officer Ms. Alison Leighton Chief Operating Officer Mr. Matt Green Chief Financial Officer Mr. Robin Adams Director – Communities
AUDIO RECORDING
Please note that an audio recording of this Council Meeting will be made and be available on the Shire’s website within seven days of the meeting.
Mornington Peninsula Shire Council Council Meeting Minutes Tuesday, 27 June 2017
TABLE OF CONTENTS
ITEM SUBJECT PAGE NO
1 OPENING AND WELCOME ...... 5
1.1 Acknowledgment of Traditional Custodians ...... 5
1.2 Prayer ...... 5
1.3 Vale ...... 6
2 PROCEDURAL MATTERS ...... 7
2.1 Apologies ...... 7
2.2 Disclosure of Conflicts of Interest Pursuant to Section 79 of the Local Government Act 1989 ...... 7
2.3 Confirmation of Minutes ...... 7
2.4 Assembly of Councillors ...... 8
2.5 Councillor Briefing Sessions ...... 8
2.6 Committee ...... 10
2.7 Petitions and Joint Letters ...... 11
2.8 Public Question Time ...... 12
3 MANAGEMENT REPORTS ...... 16
3.1 Letters Under Seal – Queen’s Birthday 2017 Honours Recipients ...... 16
3.2 Monthly Finance Report – May 2017 ...... 18
3.3 Flinders 150th Anniversary Sculpture Review ...... 20
3.4 Lease to Mornington Boat Hire and Bait and Tackle Pty Ltd: Boatshed 7 – Scout Beach, Mornington ...... 24
3.5 Variation of Lease to Rosebud and McCrae Life Saving Club Inc...... 30
3.6 Sale of Council Land – 19-21 Beach Drive, Hastings ...... 33
3.7 Lease to Devilbend Golf Club Inc...... 40
3.8 Child Safe Policy ...... 46
3.9 Update of Delegations from Council to Officers ...... 48
Mornington Peninsula Shire Council Council Meeting Minutes Tuesday, 27 June 2017
3.10 Instrument of Appointment and Authorisation ...... 51
3.11 Lease to the Hastings Club, 155 Marine Parade, Hastings ...... 55
4 COUNCILLORS AND DELEGATES REPORTS ...... 59
5 NOTICES OF MOTION ...... 64
6 URGENT BUSINESS ...... 65
6.1 Victorian Planning Changes (Cr. Gill) ...... 65
7 CONFIDENTIAL ITEMS ...... 66
8 MEETING CLOSE ...... 67
Mornington Peninsula Shire Council Council Meeting Minutes Tuesday, 27 June 2017
1 OPENING AND WELCOME
Appointed Chairperson - Mayor, Cr. Bev Colomb
The meeting opened at 7:00 p.m.
1.1 Acknowledgment of Traditional Custodians
(Read by Cr. Celi)
"Mornington Peninsula Shire acknowledges and pays respect to the Boon Wurrung / Bunurong people, the traditional custodians of these lands and waters."
1.2 Prayer
(Read by Cr. Clark)
"Almighty God, we humbly seek Thy blessings upon this Council. Direct and prosper its deliberations to the advancement of Thy glory and the true welfare of the people of the Mornington Peninsula Shire. Give us the strength and courage to make wise decisions with grace and dignity. Amen.”
Mornington Peninsula Shire Council 5 Council Meeting Minutes Tuesday, 27 June 2017
1.3 Vale
Mr. Mick Morland OAM (Read by Cr. Colomb)
On behalf of Mornington Peninsula Councillors, CEO and staff, it is with great sadness that we convey our deepest sympathies on the sudden passing of former Councillor and Mayor of Casey, Mick Morland OAM.
Mr. Morland, 67, was struck by a car at Berwick on Saturday night, 24 June. The tragedy has left his family, friends and community devastated as they remember a ‘great friend’ and a ‘great Australian’.
Mr. Morland was first elected to the former City of Berwick in 1992 before its 1994 amalgamation becoming the City of Casey, where he served six terms as a Councillor, and was elected by his peers to the position of Mayor twice in 2001/02 and again in 2014/15, before retiring from Council last year.
Mick served his community tirelessly and was awarded an Order of Australia Medal in 2016 for service to Local Government and the community. His passion for the community and generosity of spirit will live long in the hearts of all who knew him.
One of many notable achievements was his dedication to providing an aquatic and leisure facility in Narre Warren. It was truly fitting that Mick was Mayor in 2001 and opened Casey Arc. It was a very proud moment for him.
In 2015, Mick was again Mayor when he enthusiastically accepted a $10 million funding cheque from the Federal Government towards the construction of Bunjil Place. Mick was honoured and extremely excited to turn the first sod on Casey’s new arts precinct, Casey’s largest ever infrastructure project, and the first of its kind to be undertaken by Local Government.
Mick was a kind hearted and compassionate person and worked hard to deliver countless outcomes for the community.
City of Casey Mayor, Cr. Sam Azi was quoted saying "Mick was a kind-hearted and compassionate person, who always had his door open and who treated everyone as a dear friend".
Brad Battin MP said he would be remembered for the so many things he delivered for the community he loved for decades, adding “All of the City of Casey will miss the man with that moustache”.
CEO, Carl Cowie has fond memories of meeting Mick in 2015, and remembers him as a cool guy, with the striking handlebar moustache that made him a Mayor who was easy to remember, and who made you feel like you were his mate after 5 minutes.
Amongst many tributes, perhaps the most fitting “he was more than a Councillor, he was a mate!".
The quintessential Aussie compliment. You can't top that.
A very respected community member and a great Councillor, our thoughts and prayers are with his wife Kay, his children, grandchildren and many friends.
Rest in Peace.
Mornington Peninsula Shire Council 6 Council Meeting Minutes Tuesday, 27 June 2017
2 PROCEDURAL MATTERS
Present
Mayor, Cr. Bev Colomb (Chairperson) Cr. Simon Brooks Cr. Antonella Celi Cr. Rosie Clark Cr. Julie Edge Cr. David Gill Cr. Sam Hearn Cr. Frank Martin Deputy Mayor, Cr. Bryan Payne Cr. Kate Roper
Mr. Carl Cowie, Chief Executive Officer
2.1 Apologies
Cr. Hugh Fraser (Leave of Absence)
2.2 Disclosure of Conflicts of Interest Pursuant to Section 79 of the Local Government Act 1989
Nil.
2.3 Confirmation of Minutes
RECOMMENDATION
That the Minutes of the previous Council Meeting held on 13 June 2017 be confirmed.
COUNCIL DECISION
Moved: Cr. Martin Seconded: Cr. Payne
That the recommendation be adopted.
Carried
Mornington Peninsula Shire Council 7 Council Meeting Minutes Tuesday, 27 June 2017
2.4 Assembly of Councillors
Assembly of Councillors - 6 and 13 June 2017
RECOMMENDATION
That Council receives and notes the record of Assembly of Councillors for 6 and 13 June 2016.
COUNCIL DECISION
Moved: Cr. Celi Seconded: Cr. Payne
That the recommendation be adopted.
Carried
VIEW ATTACHMENT 1
2.5 Councillor Briefing Sessions
Matters discussed at Councillor Briefing Sessions (other than those matters designated to be of a confidential nature) are reported on at ordinary Council meetings.
The matters listed below were presented to Councillor Briefing Sessions on 6 and 13 June 2017.
Item Briefing Session
1. Mornington Peninsula Marine Alliance (MPMA) Boat 6 June 2017 Ramp Feasibility Study and Options Report
Councillors were briefed on the MPMA Boat Ramp Feasibility Study and Options Report.
2. Rye Boat Ramp 6 June 2017
An update was provided to Councillors regarding a response received from the Minister for Roads, Road Safety and Ports regarding the Rye Boat Ramp facility.
3. Flinders Sculpture Review 6 June 2017
A sculpture was installed in late 2014 on the prominent Cook and Wood Streets roundabout in Flinders village. Councillors were briefed on a review of community acceptance of the sculpture as per Council’s decision on 11 August 2014.
Mornington Peninsula Shire Council 8 Council Meeting Minutes Tuesday, 27 June 2017
4. Draft Public Memorials and Plaques Policy 6 June 2017
Councillors were provided with an opportunity to provide feedback on the draft policy prior to adoption by Council.
5. The State of the Shire’s Assets Update 6 June 2017
Councillors were provided with an update on the current state of the Shire’s infrastructure assets.
6. Infrastructure Victoria’s Second Container Port Advice 6 June 2017
Councillors were briefed on Infrastructure Victoria advice provided the State Government on the timing and preferred location of Victoria’s second container port.
7. Devilbend Golf Club Lease 6 June 2017
Councillors were advised of the process to be followed in relation to the future use of the Devilbend Golf Course.
8. Foreshore Advisory Group Review 6 June 2017
This briefing was provided to seek Councillor input and feedback on the Foreshore Advisory Group (FAG) review.
9. Australia Day 6 June 2017
Councillors were provided with information regarding the future of the Australia Day events on the Mornington Peninsula.
10. Media Relations Policy 6 June 2017
The Media Relations Policy is due for review and Councillors were provided with a draft policy for consideration.
11. Planning Scheme Amendment C200 – Gaming 13 June 2017
Councillors were briefed on the status of Planning Scheme Amendment C200 – Gaming.
Mornington Peninsula Shire Council 9 Council Meeting Minutes Tuesday, 27 June 2017
12. National Disability Insurance Scheme on the 13 June 2017 Mornington Peninsula
Councillors were provided with an update on the implementation of the National Disability Insurance Scheme in the Mornington Peninsula area and the impacts for residents and Council.
RECOMMENDATION
That Council receives and notes the Briefing Session information provided above.
COUNCIL DECISION
Moved: Cr. Hearn Seconded: Cr. Clark
That the recommendation be adopted.
Carried
2.6 Committee
The purpose of this section is to ratify Committee recommendations from recent Audit Committee Meetings and Forward Planning Committee Meetings.
Adoption of the Minutes of the Forward Meeting held on 15 June 2017
(Circulated separately to Councillors)
RECOMMENDATION
That the unconfirmed minutes of the Forward Planning Committee Meeting held on 15 June 2017 be adopted.
COUNCIL DECISION
Moved: Cr. Celi Seconded: Cr. Roper
That the recommendation be adopted.
Carried
Mornington Peninsula Shire Council 10 Council Meeting Minutes Tuesday, 27 June 2017
2.7 Petitions and Joint Letters
Request for Pedestrian Refuge – Point Nepean Road, Dromana
A petition containing 241 signatures has been received requesting that a pedestrian refuge island be installed adjacent to the old Shire offices on Point Nepean Road, Dromana to enable pedestrians to cross the road safely.
Immediate Comment: The request for a pedestrian refuge at this location on Point Nepean Road has previously been noted and it has been identified as a high priority location for a pedestrian refuge. Point Nepean Road is a VicRoads managed road and as such this project will need to be carried out by VicRoads.
The Shire has previously advocated to VicRoads for the construction of this pedestrian refuge and has undertaken preliminary design of this refuge in the past as well as carried out project estimates.
Our traffic engineers will forward the petition to VicRoads for their consideration and continually advocate to them for its construction.
Action Officer: Daniel Collins, Traffic and Road Safety Engineer
Southern Peninsula Aquatic Centre
A further 154 signatures have been received to the petition previously tabled on 26 April 2017 and 23 May 2017 requesting Council to proceed with the construction of the Southern Peninsula Aquatic Centre as soon as possible. This brings the total number of signatories to this petition to 1,890.
Immediate Comment: Mornington Peninsula Shire Council has indicated that it is a priority to consider the options available for an aquatic centre in Rosebud. The community’s interest in having an aquatic centre in Rosebud was one of the main topics to emerge from the recent Your Peninsula 2021 consultation project. The new Council has indicated it will consider the options available for an aquatic centre in Rosebud and recently received a briefing on the work undertaken on this project previously. Following on-going consultation between officers and the Council in the coming weeks, more details will be released to the community.
Action Officer: Michael Scully, Team Leader – Facilities Planning
RECOMMENDATION
That Council receives and notes the above petitions and refers them back to the appropriate Council officer for action or to report back to Council on the matter.
COUNCIL DECISION
Moved: Cr. Celi Seconded: Cr. Brooks
That the recommendation be adopted.
Carried
Mornington Peninsula Shire Council 11 Council Meeting Minutes Tuesday, 27 June 2017
2.8 Public Question Time
Questions from the public shall be dealt with at commencement of the meeting.
The aim of public question time is to provide an opportunity for the public to ask general questions at Council Meetings requiring routine responses. Questions are received without notice and are responded to without research or reference to Council records.
Questions must be in writing, with the person submitting the question to be in the public gallery at the time.
Questions which contain material that relates to specific people or properties will be summarised at the discretion of Council.
Responses to public questions answered at the meeting, will be general in nature, provided in good faith and should not exceed two minutes. These responses will be summarised in the minutes of the meeting.
Questions requiring research or a detailed reply will be provided a written response as soon as possible following the meeting from the nominated officer. These written responses will be collated for each meeting and available via the Shire’s website.
This segment does not substitute for appeal or other formal business procedures with the Council.
Emergency Management Infrastructure Funding
Mr. David Lines, a resident of Tyabb, asked the following question: … “Project 486 in Appendix C of the 2017/2018 Budget is a grant for additional emergency management infrastructure of $100,000. Would the Shire please say, if this is aligned to community budget submission No. 16 which was a request for a grant of $100,000 for a 40 metre by 40 metre concrete pad by the Peninsula Aero Club for so called emergency use. Is this the Shire taking over State responsibilities in funding such projects?”
The question was answered by Mr. Matt Green, Chief Financial Officer, who responded that it is aligned to that proposal as a provisional allocation in the Budget. The reason that it is a provisional allocation is that Council has requested a further report in relation to that Budget allocation including whether there are grants available to support that proposal from State or other potential sources.
Australia Day Funding
Mr. David Lines, a resident of Tyabb, asked the following question: … “Would the Shire please explain the inequity of funding for Australia Day between Mornington who was reportedly allocated $141,000 against Hastings of $10,000. Both townships are classified as major activity nodes on the Mornington Peninsula Shire so why the huge disparity?”
The question was answered by Mr. Mark Kestigian, Manager – Media and Communications, who responded that Australia Day is the single largest event supported by the Shire each year. As the largest community on the Peninsula, Mornington has traditionally attracted the most funding through the delivery of an 8 hour program that includes such features as carnival rides, food vans, street parade, fireworks and a large live entertainment program.
Mornington Peninsula Shire Council 12 Council Meeting Minutes Tuesday, 27 June 2017
Victoria Street, Hastings
Mr. Alan Brygel, a resident of Hastings, asked the following question: … “Buses run along Victoria Street subsidised by the Victorian Government. A section of Victoria Street is about to collapse and become a gravel track like what happened to Frankston-Flinders Road in Somerville last year. Can you find money instead of spending it on carparks and beautification works and fix Victoria Street between Coolstore Road and Church Street please?”
The question was answered by Ms. Alison Leighton, Chief Operating Officer, who responded that Council spends in the order of around $12 million per annum on maintaining our local road network through the Safer Local Roads contract. That contract involves regular inspections of the roads condition and so it would be surprising if the road itself is about to fail, however she will organise for the inspection to take place this week and if there are rectification works that are required then they will be arranged accordingly.
Bicycle/Walking Path on Marine Parade, Hastings
Mr. Alan Brygel, a resident of Hastings, asked the following question: … “Why can’t a bicycle/walking path be built on the eastern side of Marine Parade from Kings Creek to Church Street?”
The question was answered by Ms. Alison Leighton, Chief Operating Officer, who responded that a bicycle and walking path can be built in that location. Council spends around $1.5 million per annum on the construction of new footpaths within the municipality. The Footpath Construction Strategy is used to guide the selection and priority of those paths. Council is currently considering the methodology for assessing those priorities and will be seeking community input on priorities. Ms. Leighton encouraged the gallery to give feedback when that strategy is placed on public exhibition. In regards to this particular request, officers can look at its priority and where it sits and can provide further advice to Mr. Brygel next week.
The Hastings Club
Mr. Michael Horton, a resident of Safety Beach, asked the following question: … “Is Council prepared to enter into meaningful dialogue with the Club and take a more conciliatory approach to negotiating this lease with the Club?”
The question was answered by Ms. Yasmin Woods, Manager – Property and Strategy, who responded that the report being considered by Council tonight proposes that the statutory process commences, and will include a four week period for submissions to be received and considered prior to a final decision being made in relation to the lease.
Mr. Michael Horton, a resident of Safety Beach, asked the following question: … “Given that Council proposes that ‘amounts over $10,000 per annum’ will be used for various Hastings Park and other community projects, would Council consider the rent payable by the Club be set at $10,000 per annum and that a mutually agreed upon percentage of net annual profit be made available for Hastings community and charitable activities of the Club’s choice?”
The question was answered by Ms. Yasmin Woods, Manager – Property and Strategy, who responded that what is proposed tonight is that the Council will decide where the funds are expended. There will be consultation with the Club and the broader Hastings community on possible projects. Council is in a strong position to understand the needs across the township of Hastings. There are some types of projects which could be funded such as sport lighting at Hastings Park, an upgrade and expansion of the existing playgrounds on the reserve and a possible upgrade of the kitchen in the junior pavilion.
Mornington Peninsula Shire Council 13 Council Meeting Minutes Tuesday, 27 June 2017
Mr. Peter Newton, a resident of Hastings, asked the following question: … “Before Council decides on the rental, can the Club be supplied with a full copy of the valuation and then be permitted to make a further submission for Council’s consideration?”
The question was answered by Ms. Yasmin Woods, Manager – Property and Strategy, who responded that the valuation contains commercial in confidence information and in accordance with the State Government’s Land Transaction Policy the full report cannot be released, however a copy of the summary which evidences the assessed valuation has been provided to the Club and a copy can be provided to Mr. Newton.
Mr. Peter Newton, a resident of Hastings, asked the following question: … “Does the valuation consider and take into account the Government Leasing Policy for Crown Land, and if not, has the criteria in that policy been taken into account?”
The question was answered by Ms. Yasmin Woods, Manager – Property and Strategy, who responded that all leases on Crown Land must consider the criteria as set out in the State Government’s Leasing Policy. This valuation has been obtained based on a commercial basis, however the report before Council tonight proposes a subsidised rent based on the criteria set out in both the Crown Land Policy and Council’s own leasing policy which does recommend a discounted rent of approximately 30%.
State Government Planning Changes
Mr. Maarten Koster, a resident of Shoreham, asked the following question: … “The revised status of the Mornington Peninsula under the recently gazetted new planning rules will inescapably damage and possibly permanently destroy the Peninsula’s ecological, social and even economic value. I have heard that the Council has already passed a motion makes fighting these cynical and callous new regulations a priority, but time is out of the essence here. What urgent and specific actions are currently under way and what further action is being planned and in what time frame?”
The question was answered by Mr. David Bergin, Executive Manager – Planning Services, who responded that it has been three months since those changes were introduced State wide. Within that time the Shire has mobilised staff and at the Planning Services Committee meeting on 19 June an interim Design and Development Overlay was put forward and that has now been submitted to the Minister for Planning. That included at least a whole month’s time of staff to provide for that Planning Scheme Amendment. On 13 June we prepared an advocacy plan which was provided to the Councillors which all Councillors supported and as a result of that plan there have been letters drafted and sent off. We have also organised a community forum to be held later in July/early August for the community to come along and hear about the implications of the changes, what it means for the community and how the community can assist the Council in advocating the protection of the Peninsula to the State Government and the Minister for Planning. So we have done a lot in a short amount of time, but it has only been three months since the change was introduced. We are aware of the time implications and that we do need push forward and make the concerns known to those who have made these changes.
Mornington Peninsula Shire Council 14 Council Meeting Minutes Tuesday, 27 June 2017
Mornington Peninsula Shire Localised Planning Statement
Ms. Anne Austin, a resident of Flinders, asked the following question: … “What is the Council planning to do to give real teeth to its Planning Statement to protect the Green Wedge and Urban Growth Boundary?”
The question was answered by Mr. David Bergin, Executive Manager – Planning Services, who responded that the Mornington Peninsula Localised Planning Statement is only one of four of all in Victoria so out of all of the 79 Councils in Victoria Mornington Peninsula has the benefit of producing one of these localised planning statements. Of those four, only two are currently in the Victorian planning provisions, ours being one of them and Bellarine Peninsula being the other. So we have the Localised Planning Statement within State policy at the moment and within that policy document one of the strategies articulates that all authorities, government agencies and departments need to take recognition and consideration of the Localised Planning Statement when making planning decisions. All of the planners have been reminded that the Localised Planning Statement is in place and we need to make sure that we consider it. We are reiterating that to State Government that it has now received bipartisan support from the previous Liberal Government who introduced it and now this Labor Government who have reaffirmed it by the release of Plan Melbourne earlier this year, so it is strongly supported by both governments. It is now a matter of reminding these governments that it is in place and advocating for the protection of the Green Wedge and the Urban Growth Boundary. With the release of Plan Melbourne recently, this government has identified that protection of the Green Wedge is paramount and again we will be reminding the government of that and what is in the Planning Scheme.
Mornington Peninsula Shire Council 15 Council Meeting Minutes Tuesday, 27 June 2017
3 MANAGEMENT REPORTS
3.1 Letters Under Seal – Queen’s Birthday 2017 Honours Recipients
Prepared By Christine Aslanidis, Strategic Governance Officer
Authorised By Manager – Governance
Document ID A7231890
Attachment(s) NO
PURPOSE
The purpose of this report is to seek Council endorsement for the sealing and presentation of the documents described in the below schedule.
Schedule
Sealing No. Document Description
09/17 Letters Under Seal – Queen’s Birthday Honours Recipients
DISCUSSION
Australia honours its citizens who have made outstanding achievements and contributions to our society.
Australia’s distinctive honours system began in 1975 with the creation of the Order of Australia (OAM), to recognise service to the nation or humanity, as well as the Australian Bravery Decorations and the National Medal. Since then, Australia has created additional awards to recognise additional areas of service valued by Australians.
Australian honours are unique in that they were designed for the community to make nominations. The Australian Honours system is free of patronage or political influence. Anyone can nominate an Australian citizen for an honour.
On Monday, 12 June 2017, the following four residents of the Mornington Peninsula were awarded Queen’s Birthday 2017 Honours:
Mr Raymond Douglas Morgan OAM of Hastings, for service to the community through health and education programs; Mr Wayne Christopher Etcell OAM of Somerville, for service to the community through a range of roles; Mr Nathaniel John White OAM of Flinders, for service to the wine industry; and Mrs Margaret Joy McLean OAM of Mornington, for service to masters sport, and to the community.
Mornington Peninsula Shire Council 16 Council Meeting Minutes Tuesday, 27 June 2017 3.1 Letters Under Seal – Queen’s Birthday 2017 Honours Recipients (Cont.)
It is considered appropriate to provide the recipients of the Queen’s Birthday 2017 Honours with a Letter under Seal from the Mornington Peninsula Shire Council, to recognise their achievements and contributions to the community of the Mornington Peninsula.
The recipients will be invited to attend a reception hosted by the Mornington Peninsula Shire Council and The Order of Australia Association Mornington Peninsula Regional Group to be held Friday, 14 July 2017 at The Briars Homestead.
OFFICER DIRECT OR INDIRECT INTEREST
No person involved in the preparation of this report has a direct or indirect interest requiring disclosure.
RECOMMENDATION
That the Common Seal of the Mornington Peninsula Shire Council be affixed to the documents described in the schedule of this report.
COUNCIL DECISION
Moved: Cr. Martin Seconded: Cr. Hearn
1. That the Common Seal of the Mornington Peninsula Shire Council be affixed to the documents described in the schedule of this report.
2. That the Common Seal of the Mornington Peninsula Shire Council be affixed to an additional document addressed to the following recipient:
Mrs. Julie Ann Cox AM of Sorrento for significant service to the Arts through executive roles, supporting cultural institutions and to special education and child welfare.
Carried
Mornington Peninsula Shire Council 17 Council Meeting Minutes Tuesday, 27 June 2017
3.2 Monthly Finance Report – May 2017
Prepared By Carl Cowie, Chief Executive Officer
Authorised By Chief Executive Officer
Document ID A7342260
Attachment(s) YES (1)
PURPOSE
The Monthly Finance Report is a key component of our accountability to the community. It is an overview of the Council activities during the month, summarising items of achievement, progress, interest or concern.
The Monthly Finance Report presents financial statements and commentary relating to the financial performance and position of Council. To that end, presentation of the Monthly Finance Report ensures compliance with Section 138 of the Local Government Act 1989 (the Act) in relation to financial reporting.
BACKGROUND
The Monthly Finance Report is compiled from the reports of performance from the Chief Financial Officer (CFO), Chief Operating Officer (COO), and the Chief Executive Officer (CEO). The intent of the Executive Update is to highlight what has been achieved in the month, what is underway, what is of interest and what is of concern.
Financial Commentary is provided in the Monthly Finance Report at an organisational level and in a Standard Financial Statements format. There is also commentary included regarding the status of Priority Projects and Capital Works.
In accordance with Section 138 of the Act, the Monthly Finance Report is presented to a meeting of Council which is open to the public. On adoption, it is also made available on the Shire website.
PROCESS
The Monthly Report is written by the CFO, COO, and the CEO. The CEO reviews the document in full before being presented to Council.
DISCUSSION
The Monthly Finance Report is presented for review and discussion as required.
Councillors and members of the public are encouraged to communicate with the CEO, CFO or COO should they have an enquiry or issue of concern within the report.
Mornington Peninsula Shire Council 18 Council Meeting Minutes Tuesday, 27 June 2017 3.2 Monthly Finance Report – May 2017 (Cont.)
CONSULTATION
Internal consultation only.
FINANCIAL ISSUES
Financial statements are provided in the reports. Budget reviews are completed and reported monthly.
OFFICER DIRECT OR INDIRECT INTEREST
No person involved in the preparation of this report has a direct or indirect interest requiring disclosure.
CONCLUSION
The Monthly Finance Report for May 2017 is presented to Council for information.
The report has been circulated to Councillors and now requires formal adoption.
A copy of this report will be available to the community at the meeting and hereafter via Council’s website (www.mornpen.vic.gov.au) and at Council offices and libraries.
RECOMMENDATION
That the ‘Monthly Finance Report – May 2017’ be received and noted.
COUNCIL DECISION
Moved: Cr. Payne Seconded: Cr. Edge
That the recommendation be adopted.
Carried
VIEW ATTACHMENT 1
Mornington Peninsula Shire Council 19 Council Meeting Minutes Tuesday, 27 June 2017
3.3 Flinders 150th Anniversary Sculpture Review
Prepared By Jane Alexander, Coordinator – Arts and Culture
Authorised By Chief Financial Officer
Document ID A7340422
Attachment(s) YES (3)
PURPOSE
This purpose of this report is to present the feedback and results of the Flinders Sculpture Survey. This was recently conducted pursuant to a Council resolution of 11 August 2014 (refer Attachment 1) when it accepted and approved the sculpture ‘I Am’ by Andrew Rogers being placed at the roundabout at the intersection of Cook and Wood Street, Flinders. This was subject to a future review of the location and community acceptance.
BACKGROUND
During 2011 to 2013 the Flinders Community Association (FCA) supported the installation of a sculpture to mark the 150th anniversary of the formation of the township, raising $100,000 for the project. There were community concerns around the selection process and the proposed roundabout location of the sculpture. Following extensive community consultation, Council resolved at its meeting on 11 August 2014 that:
“Following consideration of the feedback provided by the community with respect to the Flinders Community Association (FCA) sculpture proposal, Council resolves to accept and approve the sculpture at the roundabout location (intersection of Cook Street and Wood Street, Flinders) as proposed by the FCA subject to the following conditions:
A. A future review of the location of the sculpture be undertaken at the expiration of two years from today’s date; and
B. A future review of community acceptance of the sculpture be undertaken at the expiration of two years from today’s date.'
The Flinders 150th Sculpture Management Agreement (Attachment 2) between the Shire and FCA was signed in November 2014 and the sculpture was installed on the prominent Cook and Wood Streets roundabout in Flinders village. Clause 16 of this Agreement stipulated that the sculpture would be subject to a review on 11 August 2016. There has been interest in this review from community members who have approached Councillors and Shire officers.
An internal working group was subsequently formed to review Council’s decision of 11 August 2014. MPS officers met with representatives of the FCA in December 2016 and February 2017 where agreement was reached regarding the survey questions, the review process, its timeline and roll out.
This report will inform Council of the findings of the review to assist Council in making its decision about the location and community acceptance of the sculpture ‘I Am’.
Mornington Peninsula Shire Council 20 Council Meeting Minutes Tuesday, 27 June 2017 3.3 Flinders 150th Anniversary Sculpture Review (Cont.)
DISCUSSION
The review was conducted during April/May 2017. A campaign and survey were conducted and results have been collated and prepared for Council’s consideration (refer Attachment 3).
Campaign
The campaign was conducted over a four-week period during the month of April 2017 with community stakeholders given the opportunity to provide feedback.
In late March, all 3929 (Flinders) ratepayers received a letter with background information about the sculpture and survey. This corresponded with the first of two Have Your Say advertisements that were placed in The Westernport News (4 and 25 April). Colour A3 posters were prepared and distributed around Flinders village at community focal points including the Flinders General Store. A Shire officer conducted six random ‘pop-ups’ during the survey period and the survey was promoted through Shire social media pages.
The Flinders Sculpture Have Your Say page was also live on the Shire website for the four-week survey period. There was the option to respond either online or via hard copy. A message service was also provided for any queries from the public.
Survey
The survey comprised two questions with YES or NO responses and a feedback section for 50 words or less:
Q1. Are you satisfied with Andrew Rogers’ sculpture ‘I Am’ remaining on display at the roundabout (intersection of Cook Street and Wood Street)?
Q2. If your answer to question one is ‘no’, are you happy for the sculpture to be on display elsewhere in Flinders’ village?
Results
564 unique responses to the survey were received, 337 of which were made by Flinders residents (54% of the Flinders population per 2011 Census).
Overall, 59.5% of respondents were satisfied with the sculpture remaining at the roundabout, 39% of respondents were not satisfied with the sculpture remaining at the roundabout and 2.5% of respondents were neutral. 59.2% of the 39% respondents who were not satisfied with the sculpture remaining at the roundabout were happy for it to be on display elsewhere in Flinders village. 40.8%of the 39% of respondents who were not satisfied with the sculpture remaining on display did not want it in the Flinders village at all.
Flinders residents (identified by postcode 3929) were slightly less satisfied with the sculpture remaining on display at the roundabout. 54% of Flinders respondents were happy for the sculpture to remain on display at the roundabout and 43% of Flinders respondents were not satisfied with the sculpture remaining on display at the roundabout. 61% of the 43% indicated they were happy for the sculpture it to be displayed elsewhere in Flinders village.
Mornington Peninsula Shire Council 21 Council Meeting Minutes Tuesday, 27 June 2017 3.3 Flinders 150th Anniversary Sculpture Review (Cont.)
ISSUES
The Shire was obligated to conduct this review. Clause 16 of the Flinders 150th Sculpture Management Agreement between the Mornington Peninsula Shire and the Flinders Community Association states that “MPS will work with FCA to determine how this review will be undertaken and the timing for the review. The outcomes of the review will be presented to Council for their consideration and approval.”
Cost to the Shire of leaving the sculpture in situ would be minimal although the Shire would be responsible for ongoing insurance, landscaping and ongoing maintenance.
Insurance and landscaping are covered by existing Shire contracts at no additional cost.
Maintenance costs were estimated at less than $1,000 per annum due to the low sustainability requirements of the sculpture. It will continue to oxidise creating a rich patina characteristic of this type of sculpture, and will require only periodic cleaning approximately every six months with clean water (Flinders Sculpture Project: Summary Report of June 2014 by former Manager Libraries, Arts and Culture, Geoff Carson).
Removal or destruction/disposal of the sculpture would be at considerable cost and this would be borne solely by the Shire as specified in the Summary Report.
The survey indicated that a majority of respondents from both Flinders and overall were satisfied with the sculpture remaining at its current location. A slightly smaller majority of Flinders respondents compared with overall respondents were satisfied with the sculpture remaining at its current location.
The minority respondents represent a substantial number of individuals from both Flinders and overall.
OFFICER DIRECT OR INDIRECT INTEREST
No person involved in the preparation of this report has a direct or indirect interest requiring disclosure.
CONCLUSION
Overall, the Flinders Sculpture survey established that a majority of Flinders respondents and all survey respondents are satisfied with the sculpture remaining on display at the roundabout.
RECOMMENDATION
That the sculpture ‘I Am’ by Andrew Rogers remains on the Flinders village roundabout location at the Cook and Wood Street intersection at Flinders.
Mornington Peninsula Shire Council 22 Council Meeting Minutes Tuesday, 27 June 2017 3.3 Flinders 150th Anniversary Sculpture Review (Cont.)
COUNCIL DECISION
Moved: Cr. Gill Seconded: Cr. Payne
That the sculpture ‘I Am’ by Andrew Rogers remains on the Flinders village roundabout location at the Cook and Wood Street intersection at Flinders and that sculptures be considered at other prominent locations around the Shire.
Carried
VIEW ATTACHMENT 1
VIEW ATTACHMENT 2
VIEW ATTACHMENT 3
Mornington Peninsula Shire Council 23 Council Meeting Minutes Tuesday, 27 June 2017
3.4 Lease to Mornington Boat Hire and Bait and Tackle Pty Ltd: Boatshed 7 – Scout Beach, Mornington
Prepared By Yasmin Woods, Manager – Property and Strategy
Authorised By Chief Operating Officer
Document ID A7319108
Attachment(s) NO
PURPOSE
This report seeks Council approval to enter into direct negotiations with the existing tenant, Mornington Boat Hire and Bait and Tackle Pty Ltd, for a nine year lease for the premises known as Boatshed 7, Scout Beach, Mornington and associated licence for the use of approximately 120 square metres of the adjacent foreshore for use as a boat hire and kiosk business.
BACKGROUND
The boat hire operation has been located at Scout Beach, Mornington for at least 90 years. The present boat hire business, known as Mornington Boat Hire, has operated under lease to Mornington Boat Hire and Bait and Tackle Pty Ltd (the Tenant) from Boatshed 7 at Scout Beach, Mornington (the premises) since 2007.
The lease area is approximately 92 square metres and comprises a ‘Weathertex’ clad rectangular building with timber framing and a Colorbond gable roof over a timber gable frame. There are minimal internal linings, a small office kiosk area and a small mezzanine storage area located beneath the gable roofline.
The current lease expired on 31 October 2016 and continues in overholding.
Mornington Peninsula Shire Council 24 Council Meeting Minutes Tuesday, 27 June 2017 3.4 Lease to Mornington Boat Hire and Bait and Tackle Pty Ltd: Boatshed 7 – Scout Beach, Mornington (Cont.)
Mornington Peninsula Shire Council 25 Council Meeting Minutes Tuesday, 27 June 2017 3.4 Lease to Mornington Boat Hire and Bait and Tackle Pty Ltd: Boatshed 7 – Scout Beach, Mornington (Cont.) The permitted use is boat hire and paddle boat business, kiosk and the retail sale of bait and fishing gear. The current tenant employs nine people, the majority living locally, and is Melbourne’s largest boat hire with other operations at Mount Martha Foreshore and Yaringa Boat Harbour. The business is fully compliant with the Australian Maritime Safety Authority (AMSA) with Safety Management Plans and the hire equipment approved by the AMSA.
The boat hire business lease area is for the boatshed premises and a small concrete path and ramp at the front of the building. Following discussions with the Department of Environment, Land, Water and Planning (DELWP), it has been determined that the area of 120 square metres of beach in front of the boatshed, which the tenant uses for the storage and display of watercraft, should be subject to a licence agreement to accompany the lease. The lease is subject to the Retail Leases Act 2003 and requires that Council (as landlord) is responsible for maintaining the premises in good repair.
The tenant is responsible for all normal outgoings including utility services, rates and taxes, public liability insurance and the Fire Services Levy.
DISCUSSION
Mornington Coastal Management Plan
The Mornington Coastal Management Plan (the Plan) was adopted by Council in April 2015. An objective of the Plan is for the continued management of boatsheds and bathing boxes, including the commercial use of 7 Scout Beach.
Legal and Risk Implications
Documenting the respective property responsibilities and obligations through legally binding leasing which conforms to legislative requirements, mitigates risk.
Economic Implications
The proposed lease will contribute to the local economy through employing nine staff with the majority living locally and contributing to the tourism appeal of the area as a popular boat hire business.
Financial Implications
The proposed rent is based on a market rent determination by valuation and the income aligns with Council’s budget projections and will provide revenue to support Council services.
Process
Council is the appointed committee of management under the Crown Land (Reserves) Act 1978 (the Act), for the Mornington Foreshore Reserve. As committee of management, Council is able to enter into a lease under the Act.
Council’s Commercial Tenancies Policy provides guidance regarding the process to be followed for undertaking a new lease to ensure that allocation of leases occurs in a fair and equitable manner.
Mornington Peninsula Shire Council 26 Council Meeting Minutes Tuesday, 27 June 2017 3.4 Lease to Mornington Boat Hire and Bait and Tackle Pty Ltd: Boatshed 7 – Scout Beach, Mornington (Cont.) The preference for Crown land leases is that a competitive process be undertaken, unless it is found that direct negotiations with a prospective tenant would maximise benefits to the community and/or Council. The Policy objectives are to clearly define the requirements for commercial tenancy of Council assets. For example, minimum criteria would be:
The lease or rental return should be full commercial return; Tenancy requirements should be consistent with standard commercial occupancy arrangements; and Tenancy should have regard to Council’s community responsibilities.
The Act does not restrict Council from leasing land by private treaty. Generally it will be because:
The nature of the land that is proposed to be leased; How the proposed lease of land is initiated, e.g. often it is an external person who has initiated discussions with Council with regard to the lease of the land; When the rental offered is substantially more than valuation; or In the event that there is likely to be only one tenant for the Council land.
In any event, the Policies provide that any lease of Council land should be in the best interest of the community and provide the best result, both financial and non-financial for Council and the community.
The tenant has demonstrated a good history of lease compliance and is a well-known boat hire business with an excellent reputation. This report recommends that a lease be negotiated by private treaty with the current tenant.
DELWP has advised that the Minister for Environment and Climate Change supports, in principle, an extended lease in this case.
ISSUES
Finance
Matheson Stephen Valuations (MSV), were instructed by Council to assess the fair market rental payable for the boatshed area of 92 square metres and an additional licence fee for 120 square metres of foreshore in front of the boatshed.
In assessing the market rental and appropriate licence fee payable for the premises, MSV investigated rentals for foreshore properties, including the following:
Bluey’s Boat House, 221 Bay Trail, Mordialloc; Yaringa Boat Hire, Yaringa Boat Harbour, Somerville; The Baths Restaurant, Sorrento; and Sofia on the Pier Restaurant, Frankston.
Having given consideration to the rentals analysed, the comparison of same when contrasted to the subject premises, including the limitations imposed on trading days associated with boat hire and other marine activity use, the need for ancillary boat berths (and storage), and finally the mandatory compliance and insurance obligations imposed upon the operator, MSV are of the opinion that the fair market annual rental for the nine year term is:
Mornington Peninsula Shire Council 27 Council Meeting Minutes Tuesday, 27 June 2017 3.4 Lease to Mornington Boat Hire and Bait and Tackle Pty Ltd: Boatshed 7 – Scout Beach, Mornington (Cont.)
Lease area – Boatshed (92 square metres) $9,200.00 plus GST
Licence area – Foreshore (120 square metres) $6,000.00 plus GST
Total Fee $15,200.00 plus GST
The tenant is also responsible for the payment of public liability insurance cover to the value of $20,000,000 and contents insurance.
OFFICER DIRECT OR INDIRECT INTEREST
No person involved in the preparation of this report has a direct or indirect interest requiring disclosure.
CONCLUSION
The proposal from the Mornington Boat Hire and Bait and Tackle Pty Ltd has been assessed in the context of the Crown land legislative framework and State Government Leasing Policy, as well as Council’s key leasing principles. The granting of the lease also aligns with the Council Plan to responsibly manage community assets and resources now and into the future. It is recommended that Council grants the lease on the terms and conditions as set out in the recommendations in this report.
RECOMMENDATION
1. That subject to receiving formal approval from the Minister for Energy, Environment and Climate Change, Council agrees to enter into a nine year lease with Mornington Boat Hire and Bait and Tackle Pty Ltd for Boatshed 7 Scout Beach, Mornington, and the licence for the use of approximately 120 square metres of foreshore adjacent to the lease area.
2. That the permitted use of the lease be for boat hire and paddle boat business, kiosk and the retail sale of bait and fishing gear.
3. That rental for the first three years of the lease be set at $9,200 plus GST for the boatshed and $6,000 plus GST for the licenced area adjoining the boatshed with rent reviews to market in Years 4 and 7.
4. That the tenant is responsible for all usual outgoings including utility services, rates and taxes, public liability insurance to the value of $20,000,000 and the Fire Services Levy.
5. That the Manager – Property and Strategy be authorised to sign all necessary documentation at the appropriate time to effect the lease to Mornington Boat Hire and Bait and Tackle Pty Ltd.
6. That the Common Seal of the Mornington Peninsula Shire Council is affixed where necessary and relevant documents signed by authorised officers.
Mornington Peninsula Shire Council 28 Council Meeting Minutes Tuesday, 27 June 2017 3.4 Lease to Mornington Boat Hire and Bait and Tackle Pty Ltd: Boatshed 7 – Scout Beach, Mornington (Cont.) COUNCIL DECISION
Moved: Cr. Celi Seconded: Cr. Payne
1. That subject to receiving formal approval from the Minister for Energy, Environment and Climate Change, Council agrees to enter into a nine year lease with Mornington Boat Hire and Bait and Tackle Pty Ltd for Boatshed 7 Scout Beach, Mornington, and the licence for the use of approximately 120 square metres of foreshore adjacent to the lease area.
2. That the permitted use of the lease be for boat hire and personal non-powered water craft business, kiosk and the retail sale of bait and fishing gear.
3. That rental for the first three years of the lease be set at $9,200 plus GST for the boatshed and $6,000 plus GST for the licenced area adjoining the boatshed with rent reviews to market in Years 4 and 7.
4. That the tenant is responsible for all usual outgoings including utility services, rates and taxes, public liability insurance to the value of $20,000,000 and the Fire Services Levy.
5. That the Manager – Property and Strategy be authorised to sign all necessary documentation at the appropriate time to effect the lease to Mornington Boat Hire and Bait and Tackle Pty Ltd.
6. That the Common Seal of the Mornington Peninsula Shire Council is affixed where necessary and relevant documents signed by authorised officers.
Carried
Mornington Peninsula Shire Council 29 Council Meeting Minutes Tuesday, 27 June 2017
3.5 Variation of Lease to Rosebud and McCrae Life Saving Club Inc.
Prepared By Greg Collins, Team Leader – Property Operations
Authorised By Chief Operating Officer
Document ID A7253549
Attachment(s) YES (1)
PURPOSE
This report seeks Council approval for a variation of the lease with the Rosebud and McCrae Lifesaving Club Inc. (the Club), over the premises located on the Rosebud Foreshore Reserve, for the purpose of increasing the leased area to include additional land for secure boat and equipment storage.
BACKGROUND
The Club is located at McCrae beach on the Rosebud Foreshore in the precinct of the McCrae Yacht Club and McCrae Lighthouse. The Club is well established and has an active surf boat program and regularly hosts surf boat carnivals.
The lease area of 425.5 square metres consists of a patrol base building of 225 square metres and a small area around the building extending to 4 metres at the rear. The building includes equipment, boat and trailer storage areas and the Club also utilises a larger area of land at the rear of the building for additional storage of surf boats.
The Club is requesting that a portion of the land at the rear of the patrol base building be added to the current lease area to formalise the use of the land and enable the Club to secure the area by fencing the land.
Mornington Peninsula Shire Council 30 Council Meeting Minutes Tuesday, 27 June 2017 3.5 Variation of Lease to Rosebud and McCrae Life Saving Club Inc. (Cont.)
Rosebud and McCrae Lifesaving Club located at McCrae Beach
DISCUSSION
The Rosebud Foreshore Reserve is Crown land managed by the Mornington Peninsula Shire Council as the appointed committee of management. The Crown Land (Reserves) Act 1978 provides for Council to grant leases for a term not exceeding 21 years and licences for a term not exceeding 10 years. A lease granted by Council can be subject to such conditions as Council sees fit, however, requires the Department of Environment, Land, Water and Planning (DELWP) approval.
The land proposed to be added to the lease area is 222 square metres (18.5 metres x 12 metres). The land is mainly grassed, generally flat and cleared. No vegetation removal is required for the use of the land. A plan of the current and proposed lease area is shown at Attachment 1.
The proposal is supported by Coastal Planning and Infrastructure Services and the delegate for the Minister for Energy, Environment and Climate Change has provided approval in principle for the lease variation.
There is no cost to Council for the proposed lease variation and Council is not required to publish a public notice of the proposed lease variation pursuant to Section 190 of the Local Government Act 1989.
Fencing of the land will require planning approval which would include a referral to DELWP and consent pursuant to the Coastal Management Act 1995 for the use and development of the land.
Mornington Peninsula Shire Council 31 Council Meeting Minutes Tuesday, 27 June 2017 3.5 Variation of Lease to Rosebud and McCrae Life Saving Club Inc. (Cont.)
ISSUES
McCrae beach is very popular during summer and although there is formalised car parking on the foreshore the area at the rear of the Club premises is frequently used for parking by beach visitors. The effect of this is that the Club’s surf boats, which are occasionally stored on the land overnight, are blocked in and access to the premises is severely restricted.
Council has installed additional parking control signage on the foreshore, however, as with many popular beach areas during summer, this has not always deterred the ad-hoc parking outside the designated areas.
OFFICER DIRECT OR INDIRECT INTEREST
No person involved in the preparation of this report has a direct or indirect interest requiring disclosure.
CONCLUSION
The addition of the land to the Rosebud and McCrae Lifesaving Club lease area will formalise the use of the land and enable the Club to secure the area with fencing, subject to planning approval and DELWP consent.
RECOMMENDATION
1. That Council agrees to the incorporation of 222 square metres of land abutting the southern boundary of the Rosebud and McCrae Lifesaving Club Inc. lease area into the lease.
2. That the Common Seal of the Mornington Peninsula Shire Council is affixed where necessary and relevant documents be signed by authorised officers.
COUNCIL DECISION
Moved: Cr. Celi Seconded: Cr. Martin
That the recommendation be adopted.
Carried
VIEW ATTACHMENT 1
Mornington Peninsula Shire Council 32 Council Meeting Minutes Tuesday, 27 June 2017
3.6 Sale of Council Land – 19-21 Beach Drive, Hastings
Prepared By Jim Houlahan, Team Leader – Property Strategy
Authorised By Chief Operating Officer
Document ID A7336633
Attachment(s) NO
PURPOSE
The owner of Crib Point Engineering at 31 Beach Drive, Hastings, Mr. Ted Banks (E.C. Banks) has approached Council seeking to acquire two parcels of Council’s land abutting their existing marine industrial facility in Hastings. He advised that they are seeking to expand their existing marine business operations which would require the acquisition of two additional parcels of Council’s land.
The subject land has been owned by Council for many years and was acquired for the purposes of future port related purposes which could include the future restructure of the land on the estate.
It is recommended that the statutory process for the sale of this land be commenced. If no submissions are received following the notification period, it is recommended that the process of sale be completed.
If submissions are received, a Section 223 Submission Committee Hearing will be convened and the outcome of those submissions be brought back to Council for further consideration.
BACKGROUND
The owner of 31 Beach Drive has sought to acquire the two parcels of Council land located east of Crib Point Engineering’s marine facility. The following Locality Plan shows the subject land in relation to abutting properties that are proposed to be sold.
Mornington Peninsula Shire Council 33 Council Meeting Minutes Tuesday, 27 June 2017 3.6 Sale of Council Land – 19-21 Beach Drive, Hastings (Cont.)
The subject property is located on the south side of Beach Drive and is flanked to the east by a parcel of land owned by the State Government through the Department of Treasury and Finance and on the west by the operations of Crib Point Engineering.
The land is located in a historical subdivision known as ‘Cemetery Estate’ being within the Long Island Point Precinct, situated towards the east of the Hastings township.
The Cemetery Estate was created in about 1960 and formed approximately 200 allotments, with each having an area of approximately 600 square metres. The Long Island Point, in which the state forms part, is also occupied by the BlueScope Westernport Steel Works, the ESSO/BHP Billiton Fractionation Plant and the ESSO/BHP Crude Storage Terminal.
The estate is accessed via Marine Parade, at a controlled intersection with Barclay Crescent, through to Bayview Road which provides access to the surrounding industrial complexes. Cemetery Road deviates south off Bayview Road and forms the only entrance to the estate. With the large industrial complexes surrounding the estate, the land on this estate is remote and isolated. The only active Council use of its land on the estate is that of the Tyabb public cemetery, which is situated to the south east corner of the estate.
Mornington Peninsula Shire Council 34 Council Meeting Minutes Tuesday, 27 June 2017 3.6 Sale of Council Land – 19-21 Beach Drive, Hastings (Cont.)
The subject land is located within an area designated as Special Use Zone – Schedule 1 within the Mornington Peninsula Planning Scheme.
The subject land comprises a total area of approximately 1,249 square metres and is situated abutting a DELWP controlled public foreshore reserve. The subject land is lightly vegetated and it is proposed that any future use of this site be dependent of the purchaser obtaining all appropriate permits for such use including removal of vegetation.
Mornington Peninsula Shire Council 35 Council Meeting Minutes Tuesday, 27 June 2017 3.6 Sale of Council Land – 19-21 Beach Drive, Hastings (Cont.)
Economic Development Unit Comment
Council’s Economic Development Unit has supported the sale of this Council land as it will enable the existing business to continue to develop by providing the additional land for such growth. It is understood that the adjoining owner is seeking to commence planning for an operational expansion if the sale proceeds.
DISCUSSION
The Council land has been assessed as not being required for Council purposes and its sale would enable Council to realise the value of this land whilst providing the opportunity to provide the stimulus for the future expansion of the abutting international marine engineering business.
It is therefore considered appropriate for Council to undertake the public consultation process and then finalise the sale of the land if no objections are received.
The Special Use 1 zoning of this land significantly restricts the potential use of this Council site and arguably could only be utilised by the abutting owners, particularly as the subject land abuts land owned by the Department of Treasury and Finance. It is therefore recommended that this land be offered for sale to the adjoining property owner without undertaking a sale by either auction or public market process.
Council has the authority to determine to dispose of this land to the adjoining owner outside public land sale guidelines, particularly as there is no likely alternative purchaser who could effectively develop or utilise the site in compliance with its zone requiring it to be only used for a ‘port relates use’.
CONSULTATION
Pursuant to the provisions of Sections 189 and 223 of the Local Government Act 1989, it is intended to give public notice of the proposal by publishing a notice in the Mornington Peninsula Leader. A copy of the notice will also be sent to the Department of Treasury and Finance as the adjacent owner affected by the proposed sale.
Mornington Peninsula Shire Council 36 Council Meeting Minutes Tuesday, 27 June 2017 3.6 Sale of Council Land – 19-21 Beach Drive, Hastings (Cont.)
Any interested party may make a submission to Council and will be given the opportunity to be heard at a Section 223 Submission Committee Hearing. If there are no submissions, the proposal will be finalised at officer level under delegation.
FINANCIAL ISSUES
The land is proposed to be sold at its current market value at a price as assessed by an Independent Valuer as appointed by Council. At the time of writing this report, the valuation report was not to hand. A market valuation will be completed and available for consideration at the Council Meeting on 27 June 2017.
The sale will also be conditional upon the consolidation of the land with the abutting land owned by E.C.Banks of Crib Point Engineering and to be utilised in conjunction with the Crib Point Engineering existing business.
The purchaser has agreed to acquire the Council land at its assessed current market value. The sale is also subject to completion of the formal sale processes including the consideration of any objections under Sections 189 and 223 of the Local Government Act 1989.
OFFICER DIRECT OR INDIRECT INTEREST
No person involved in the preparation of this report has a direct or indirect interest requiring disclosure.
CONCLUSION
The land has been assessed as not required for municipal purposes and will provide the opportunity for the purchaser to continue to expand his marine engineering business, thus enabling additional employment to be created whilst ensuring the ongoing viability of the existing business on the Mornington Peninsula.
If submissions are received, a Section 223 Submission Committee Hearing will be convened under the provisions of the Local Government Act 1989 and a further report will be presented to Council incorporating the content of any submissions.
If no objections are received, it is recommended that the sale proceed and the matter be finalised by the Chief Executive Officer or authorised officer.
RECOMMENDATION
1. That Council commences the statutory procedures pursuant to Sections 189 and 223 of the Local Government Act 1989 to dispose of 19-21 Beach Drive, Hastings, as shown highlighted on the plan within this report.
2. That the Department of Treasury and Finance (as adjoining property owner) be advised of the proposal in writing.
3. If objections are received, that these be heard by a Committee of Council in accordance with Section 223 of the Local Government Act 1989.
Mornington Peninsula Shire Council 37 Council Meeting Minutes Tuesday, 27 June 2017 3.6 Sale of Council Land – 19-21 Beach Drive, Hastings (Cont.)
4. Provided no objections are received, that Council determines to dispose of No. 19-21 Beach Drive, Hastings, being Lots 36 and 37 on Lodged Plan No. 53082 to the abutting Owner, E.C. Banks of 31 Beach Drive, Hastings for a sale price of $...... as determined by a Council appointed independent Valuer with vendor and purchaser each paying their own legal costs and that the sale be completed by the Chief Executive Officer or Manager – Property and Strategy.
5. That Council requires that the Council land be consolidated with the adjoining land owned by E.C. Banks of Crib Point Engineering.
6. That following satisfactory completion of the process, the Common Seal of the Mornington Peninsula Shire Council be affixed where necessary and all relevant documents signed by an authorised officer.
COUNCIL DECISION
Moved: Cr. Roper Seconded: Cr. Celi
1. That Council commences the statutory procedures pursuant to Sections 189 and 223 of the Local Government Act 1989 to dispose of 19-21 Beach Drive, Hastings, as shown highlighted on the plan within this report.
2. That the Department of Treasury and Finance (as adjoining property owner) be advised of the proposal in writing.
3. If objections are received, that these be heard by a Committee of Council in accordance with Section 223 of the Local Government Act 1989.
4. Provided no objections are received, that Council determines to dispose of No. 19-21 Beach Drive, Hastings, being Lots 36 and 37 on Lodged Plan No. 53082 to the abutting Owner, E.C. Banks of 31 Beach Drive, Hastings for a sale price of $125,000 plus GST as determined by a Council appointed independent Valuer with vendor and purchaser each paying their own legal costs and that the sale be completed by the Chief Executive Officer or Manager – Property and Strategy.
5. That Council requires that the Council land be consolidated with the adjoining land owned by E.C. Banks of Crib Point Engineering.
6. That following satisfactory completion of the process, the Common Seal of the Mornington Peninsula Shire Council be affixed where necessary and all relevant documents signed by an authorised officer.
Carried
Mornington Peninsula Shire Council 38 Council Meeting Minutes Tuesday, 27 June 2017 3.6 Sale of Council Land – 19-21 Beach Drive, Hastings (Cont.)
Adjournment of Meeting
Moved: Cr. Celi Seconded: Cr. Edge
That the Council Meeting be adjourned at 8:06 p.m.
Carried
Resumption of Meeting
Moved: Cr. Martin Seconded: Cr. Celi
That the Council Meeting be resumed at 8:14 p.m.
Carried
Mornington Peninsula Shire Council 39 Council Meeting Minutes Tuesday, 27 June 2017
3.7 Lease to Devilbend Golf Club Inc.
Prepared By Yasmin Woods, Manager – Property and Strategy
Authorised By Chief Operating Officer
Document ID A6650886
Attachment(s) YES (1)
PURPOSE
This report seeks Council approval to enter into a new lease with the Devilbend Golf Club Inc. (the Club) over the Crown land at 48 Loders Road, Moorooduc. It is recommended the lease be for a term of 21 years at a commencement rental of $10,233 per annum plus GST and adjusted annually by 3%.
BACKGROUND
Council is the appointed committee of management for the Crown land known as the Devilbend Reserve. The reserve was created as part of the land exchange in the establishment of the Lysaght steelworks and BHP port facility on reclaimed land at Long Island Point, Hastings. The development of 56.74 hectares of the 78.5 hectare site was expedited by enabling Victorian government legislation known as the Bittern Land Act 1974.
The Club was formed in 1973 following a public meeting of interested persons and chaired by the Shire of Hastings. In 1974 the Club entered into a lease with the Shire of Hastings for a term of 21 years and commenced development of the golf course and facilities. A further lease was granted in 1995 for a term of 21 years over an extended area of 65.53 hectares.
The subject land is located in Moorooduc and bounded by Derril Road on the west, Loders Road on the east and privately owned rural land on the south. The Peninsula Link Freeway is located some 230 metres beyond the north boundary.
Mornington Peninsula Shire Council 40 Council Meeting Minutes Tuesday, 27 June 2017 3.7 Lease to Devilbend Golf Club Inc. (Cont.)
The Moorooduc Saddle Club leases area extends along the perimeter of the subject land as shown below.
Mornington Peninsula Shire Council 41 Council Meeting Minutes Tuesday, 27 June 2017 3.7 Lease to Devilbend Golf Club Inc. (Cont.)
More than 10,000 public rounds of golf are played annually on the course. Improvements on the land include an 18 hole golf course, club house, pro shop, car park and sealed driveway, maintenance and machinery storage sheds and extensive irrigation and drainage including a 46.7 million litre dam.
DISCUSSION
Club Master Plan
The Club is requesting a new lease for a term of 21 years in order to continue to improve the golf course and provide members and the public with a sporting facility that is competitive and value for money. The Club has developed a master plan (Attachment 1) which details the existing golf course infrastructure and provides a detailed plan for future works.
The master plan was developed in 2005 and has been updated as works have been completed by the Club and most recently in 2016. The document provides detailed plans for the continued improvement of buildings, tees, fairways, greens, paths and practice facilities.
Since 2005 the Club has been involved in the Melbourne Water Stream Frontage Program which supports work that protects or enhances riverbanks, such as weed control, fencing and planting native vegetation. Over 3,500 plants have been planted on the land through this program and large areas of gorse, blackberries and invasive weeds removed. A further 2,000 trees and shrubs have been planted through club funding. The Shire’s Natural Systems Team provides advice to the Club regarding vegetation management and the assistance of green army teams.
Club Finances
The Club is a not-for-profit incorporated association and employs six full time and seven part time staff. The Club has provided an audited financial report for the year ending 30 June 2016 which indicates a net operating profit of $71,642 from an annual turnover of $1.36 million. This is in contrast to the previous year where the Club experienced a net loss of $107,676 due largely to unforeseen legal and salary expenses.
Over the period 1996 to 2016 the Club funded the following:
$760,000 course improvements (not including staff/volunteer labour); $41,900 maintenance facility improvements; and $594,000 purchase of machinery assets.
On average the Club has spent more than $66,000 annually during the last 21 years on maintenance and improvements. Based on the 2016-2017 valuations the course is valued at $5,250,000 (CIV) and $2,110,000 (SV).
The Club is responsible for all maintenance on the premises and pays all outgoings including utilities, public liability insurance, fire services property levy charges, and building and contents insurance.
Mornington Peninsula Shire Council 42 Council Meeting Minutes Tuesday, 27 June 2017 3.7 Lease to Devilbend Golf Club Inc. (Cont.)
Club Membership
The Club has 450 members and has developed a marketing plan with the aim of increasing membership by 10% annually and encouraging younger members. Membership marketing is undertaken by various means including website, social media, mail outs, shopping centre promotions, billboards and radio advertising.
Rental
The Club funds the upkeep and improvements from revenue generated and it is recommended that the new lease reflects the current method for rent review of 3% increase per annum and that the rent for the first year of the new lease is $10,233 plus GST.
Consultation
The Manager – Buildings and Facilities supports the proposed lease to the Club and the continued use of the land.
Independent Review
A specialist independent company, Golf Business Advisory Services (GBAS), has been engaged to undertake a review of the Club and its operations. Once GBAS has a detailed understanding of the Club a report will be presented to Council.
ISSUES
Process
Sections 190 and 223 of the Local Government Act 1989 (the Act) provides a restriction on the power of Council to lease land if:
The lease is to be one year or more and the rent for any period of the lease is $50,000 or more a year; or The current rental value of the land is $50,000 or more a year; or The lease is for 10 years or more.
Council must publish a public notice of the proposed lease at least four weeks before the lease is made. The Act also provides that a person has a right to make a submission regarding the lease under Section 223.
The new lease will be subject to the provisions of the Crown Land (Reserves) Act 1978 and will be in a format approved by the Department of Environment, Land, Water and Planning.
OFFICER DIRECT OR INDIRECT INTEREST
No person involved in the preparation of this report has a direct or indirect interest requiring disclosure.
Mornington Peninsula Shire Council 43 Council Meeting Minutes Tuesday, 27 June 2017 3.7 Lease to Devilbend Golf Club Inc. (Cont.)
CONCLUSION
The Club has been at the site since 1974 and the proposed lease will provide for the continued operation and improvement of the well-established facility and security of tenure for the benefit of members and users of the facility.
RECOMMENDATION
1. That pursuant to Section 190 of the Local Government Act 1989 Council advertises its intention to enter into a lease with the Devilbend Golf Club Inc. for part of the Crown land known as 48 Loders Road, Moorooduc.
2. That any submissions received be considered pursuant to Section 223 of the Local Government Act 1989.
3. That provided no submissions are received Council agrees to enter into a lease with the Devilbend Golf Club Inc. for a term of twenty-one (21) years.
4. That the commencement rental be $10,233 plus GST and then adjusted annually by 3% and that all outgoings including utility services, building insurance, Fire Services Levy, and public liability and contents insurances be payable by the Tenant.
5. That following the four week public notice period a further report be brought back to Council with the review undertaken by Golf Business Advisory Services.
6. That the Common Seal of the Mornington Peninsula Shire Council be affixed where necessary and relevant documents are signed by an authorising officer.
AMENDMENT
Moved: Cr. Roper Seconded: Cr. Martin
7. That the rent derived from the lease of Devilbend Golf Club be set aside for capital works and/or equipment at the Devilbend Golf course as approved by Council as part of its annual budget process.
Vote by Division (Requested by Cr. Gill)
For the Motion: Cr. Hearn, Cr. Roper, Cr. Gill, Cr. Martin, Cr. Brooks
Against the Motion: Cr. Clark, Cr. Celi, Cr. Edge, Cr. Payne, Cr. Colomb
Amendment Lost on the Casting Vote of the Chair
Mornington Peninsula Shire Council 44 Council Meeting Minutes Tuesday, 27 June 2017 3.7 Lease to Devilbend Golf Club Inc. (Cont.)
COUNCIL DECISION
Moved: Cr. Celi Seconded: Cr. Edge
That the recommendation be adopted.
Carried
VIEW ATTACHMENT 1
Mornington Peninsula Shire Council 45 Council Meeting Minutes Tuesday, 27 June 2017
3.8 Child Safe Policy
Prepared By Suzanne Quinn, Best Start Facilitator
Authorised By Chief Financial Officer
Document ID A7348934
Attachment(s) YES (1)
PURPOSE
The purpose of this report is to inform Councillors of Council’s obligations to adhere to the new Child Safe Standards to provide a child safe organisation and present the Child Safe Policy (Attachment 1) for formal adoption by Council.
BACKGROUND
In April 2012, the Victorian Parliament conducted an Inquiry into the handling of child abuse by religious and other non-government organisations. The Inquiry’s final report, Betrayal of Trust, made a number of recommendations which have been implemented. This has included creating child safe organisations.
There are seven mandatory child safe standards which apply to Mornington Peninsula Shire (MPS) from 1 January 2017:
1. Strategies to embed an organisational culture of child safety, including effective leadership arrangements.
2. A child safe policy or statements of commitment to child safety.
3. A code of conduct that establishes clear expectations for appropriate behaviour with children.
4. Screening, supervision, training and other human resources practices that reduce the risk of child abuse by new and existing personnel.
5. Processes for responding to and reporting suspected child abuse.
6. Strategies to identify and reduce or remove risks of child abuse.
7. Strategies to promote the participation and empowerment of children.
DISCUSSION
The purpose of the Child Safe Policy is to state MPS’s commitment to the safety, participation and empowerment of all children and a zero tolerance of child abuse. The policy addresses MPS’s legislative responsibility to implement the Child Safe Standards to provide a Child Safe organisation.
Mornington Peninsula Shire Council 46 Council Meeting Minutes Tuesday, 27 June 2017 3.8 Child Safe Policy (Cont.)
The policy includes the MPS statement of commitment to providing a child safe organisation and outlines the procedures for employees to report a child safety concern. MPS has designated six Child Safety Officers to provide support to employees with a child safety concern and to make a child protection notification if required. Any employee who has reasonable grounds to suspect abusive activity must immediately notify a Child Safety Officer or Manager.
The policy also includes procedures for MPS recruitment and selection processes, training and support for employees to ensure robust child safe practices. The MPS Employee Code of Code has also been reviewed to support the Child Safe Policy.
Training has been provided to Managers and Team Leaders across the organisation to raise awareness of the Child Safe Standards and assist with the implementation of the Child Safe Policy. Further Child Safe information will be provided to all employees.
ISSUES
The MPS Child Safe Policy applies to all Councillors, employees, volunteers, contractors and licensees working on behalf of the Shire, irrespective of their involvement in child related duties. This policy also applies to MPS funded services.
OFFICER DIRECT OR INDIRECT INTEREST
No person involved in the preparation of this report has a direct or indirect interest requiring disclosure.
CONCLUSION
The Child Safe Policy is a mandatory legislative requirement of the Child Safe Standards.
RECOMMENDATION
That Council adopts the Child Safe Policy (Attachment 1) for implementation to be launched on 3 July 2017.
COUNCIL DECISION
Moved: Cr. Hearn Seconded: Cr. Clark
That the recommendation be adopted.
Carried
VIEW ATTACHMENT 1
Mornington Peninsula Shire Council 47 Council Meeting Minutes Tuesday, 27 June 2017
3.9 Update of Delegations from Council to Officers
Prepared By Nadine Hudson, Senior Governance Officer
Authorised By Manager – Governance
Document ID A7329509
Attachment(s) YES (1)
PURPOSE
This report aims to review the Instruments of Delegation from Council to various Council officers, following the receipt of an update from Maddocks and subsequent consultation with officers. Section 98(6) of the Local Government Act 1989 (the Act) requires delegations be reviewed within 12 months of a general election and this report also satisfies that obligation.
The Instrument of Delegation from Council to Shire officers, where legislation does not provide for sub-delegation from the Chief Executive Officer (CEO) is attached to this report (Attachment 1).
On the coming into force of this Instrument of Delegation, the previous delegations from Council to officers (8 August 2016) are revoked.
BACKGROUND
As a common feature of legislation, not all details of delegations are set out in the Local Government Act 1989, some are set out in the Interpretation of Legislation Act 1984. In particular, the following should be noted:
The decision, once made, is for all legal purposes, a decision of Council; The ‘delegate’ is in much the same position as the Council in terms of making decisions. For example, where the decision requires that opinion be formed, the delegate’s opinion can be the basis for the decision; and The fact that a delegation is being made does not affect the Council’s powers in relation to the issue concerned. This is subject of course, to the rule that the delegate’s decision is taken to be the decision of Council. Council is therefore bound by a decision, which it may not have made. For this reason, it is important to understand the nature of delegation and have in place appropriate policies and guidelines under which delegations should be exercised.
The Instrument provides that the delegations are subject to any conditions or limitations set out in the Schedule and must be exercised in accordance with any guidelines or policies adopted by Council from time to time.
In addition, the delegate must not act if the matter has previously been designated as an issue which must be the subject of a Council resolution or the decision is likely to be inconsistent with a policy or strategy adopted by Council.
Mornington Peninsula Shire Council 48 Council Meeting Minutes Tuesday, 27 June 2017 3.9 Update of Delegations from Council to Officers (Cont.)
DISCUSSION
The Instrument of Delegation from Council to Officers was last adopted on 8 August 2016. The amended instrument (Attachment 1) reflects legislation advice received from Maddocks and aims to also update officer positions and delegations.
Legislative amendments have been highlighted as follows:
Deletions are shown in strikeout text; and Additions and amendments are shown in bold and underline font.
Delegation to an Officer of the Council
There are some limitations under certain Acts that, whilst they contain specific powers of delegation, they do not contain an express power of sub-delegation. Therefore, it must be assumed that the power of delegation in these instances must come directly from Council to officers rather than by the CEO through sub-delegation.
If the delegation is to the CEO, then that person has power to ‘sub-delegate’ some or all of those powers to other officers. If the delegation is to any other officer, there is no power to ‘sub-delegate’.
OFFICER DIRECT OR INDIRECT INTEREST
Whilst it is highlighted for transparency that the officers compiling and authorising this report are in some instances the recipients of recommended delegations, the officers do not have a direct or indirect interest requiring disclosure in accordance with the conflict of interest provisions of the Local Government Act 1989.
CONCLUSION
Delegation of powers is generally considered essential to ensure the day to day operations of the Council can proceed, allowing the elected Council to set policy and the strategic direction of the organisation and officers to carry out those decisions on behalf of Council. Without substantial and significant delegation processes, Council would not be able to effectively or efficiently manage its workload.
Legal advice recommends that all Council delegations be updated on a regular basis ensuring currency. It is also a requirement that delegations are reviewed within 12 months of a general election.
Proposed amendments to the Instrument of Delegation from Council to officers aim to update officer positions and delegations only.
Mornington Peninsula Shire Council 49 Council Meeting Minutes Tuesday, 27 June 2017 3.9 Update of Delegations from Council to Officers (Cont.)
RECOMMENDATION
1. Delegation from Council to Officers (Attachment 1):
In the exercise of the powers conferred by Section 98(1) of the Local Government Act 1989 (the Act) and the other legislation referred to in the attached Instrument of Delegation, the Mornington Peninsula Shire Council (Council) resolves that:
A. There be delegated to the members of Council staff holding, acting in or performing the duties of the offices or positions referred to in the attached Instrument of Delegation to Officers, the powers, duties and functions set out in that Instrument, subject to the conditions and limitations specified in that Instrument;
B. That the Common Seal of the Mornington Peninsula Shire Council be affixed to the Instrument of Delegation to Officers as attached;
C. The Instrument comes into force immediately the Common Seal of Council is affixed to the Instrument;
D. On the coming into force of the Instrument, all previous delegations dated 8 August 2016 to members of Council staff are revoked; and
E. The duties and functions set out in the Instrument must be performed, and the powers set out in the Instruments must be executed, in accordance with any guidelines or policies of Council that it may from time to time adopt.
COUNCIL DECISION
Moved: Cr. Celi Seconded: Cr. Martin
That the recommendation be adopted.
Carried
VIEW ATTACHMENT 1
Mornington Peninsula Shire Council 50 Council Meeting Minutes Tuesday, 27 June 2017
3.10 Instrument of Appointment and Authorisation
Prepared By Nadine Hudson, Senior Governance Officer
Authorised By Manager – Governance
Document ID A7330354
Attachment(s) YES (2)
PURPOSE
This report is to authorise officers for the purposes of enforcing the Planning and Environment Act 1987 and Section 188A of the Land Act 1958. Appointments are formally made by a signed Instrument of Appointment and Authorisation (Attachments 1 and 2).
BACKGROUND
To allow for practical, efficient and effective delivery of services, a Council can delegate or authorise staff, and others, to undertake functions or exercise powers on its behalf. Council is granted these powers through the Delegations (Clause 98) and Authorised Officers (Clause 224(1)) clauses of the Local Government Act 1989.
Under Clause 224(1) of the Local Government Act 1989, Council “may appoint any person other than a Councillor to be an authorised officer for the purposes of the administration and enforcement of any Act, regulations or local laws which relate to the functions and powers of the Council.”
Delegations involve a Council giving its powers to staff, who then act on behalf of Council. When Council authorises an individual, that person has the power of the statutory position i.e. they are not acting as delegates, or on behalf, of the Council.
The Planning and Environment Act 1987 and Section 188A of the Land Act 1958 provides that Council cannot delegate the power to authorise officers for the purposes of enforcing these Acts. Rather Council must authorise officers directly.
DISCUSSION
Planning and Environment Act 1987
When officers enter a property, make observations, or gather evidence, if the matter were to proceed to enforcement, their entry, observations and gathering of evidence is only lawful if the officer is an Authorised Officer under the particular Act.
In addition, there is requirement for some administration staff to be Authorised Officers if they have a role in the issuing or review of Planning Infringement Notices issued pursuant to the Planning and Environment Act 1987.
The extent of authorisation is limited by the Position Description and operating procedure for each team.
Mornington Peninsula Shire Council 51 Council Meeting Minutes Tuesday, 27 June 2017 3.10 Instrument of Appointment and Authorisation (Cont.)
The Instrument of Appointment prepared by the Shire’s solicitors Maddocks, provides for Council to appoint officers by a resolution, pursuant to Section 147 (4) of the Planning and Environment Act 1987. The Instrument also includes the general appointment provision in Section 232 of the Local Government Act 1989 to commence proceedings in a Council’s name.
Land Act 1958
Section 188A applies to Crown land that is under the control of a Committee of Management (CoM) and provides that if a person constructs a building/works on that land, a person authorised by the CoM can demand that that person produces a current permit authorising them to keep the building. If, after 21 days, that person has not produced such a permit, then the Authorised Person may cause a complaint and a summons to appear before the Magistrates Court to be served on the person who constructed the building/works.
Mornington Peninsula Shire Council is appointed as a CoM for a number of Crown Land reserves within the municipality. It is in this capacity that Council can authorise officers for the purposes of Section 188A of the Land Act 1958.
Maddocks have prepared an Instrument of Authorisation and Appointment to enable Council, in its capacity as a CoM, to authorise relevant officers under this legislation.
REVOCATION OF INSTRUMENTS
The process to revoke Instruments of Appointment and Authorisation is necessary when an officer no longer requires the authorisation, i.e. if they move between departments, if they require additional Acts to be added to their authorisation, or if they are no longer employed at the Shire.
Updating the Shire’s Instruments of Appointment and Authorisation will assist in the achievement of demonstrating good corporate governance in our operations and ensuring that Council processes are efficient, effective and undertaken in accordance with legal requirements.
OFFICER DIRECT OR INDIRECT INTEREST
No person involved in the preparation of this report has a direct or indirect interest requiring disclosure.
CONCLUSION
The attached Instruments of Appointment and Authorisation have been prepared to ensure relevant officers are properly authorised under the legislation.
It is recommended that Council appoints the relevant Council officers as Authorised Persons under the Planning and Environment Act 1987 (Attachment 1) and the Land Act 1958 (Attachment 2). In addition, Council should revoke the Instruments of Appointment and Authorisation as listed below.
Maddocks have advised any appointments made by Council for the Planning and Environment Act 1987 and the Land Act 1958 must be revoked by Council resolution.
Mornington Peninsula Shire Council 52 Council Meeting Minutes Tuesday, 27 June 2017 3.10 Instrument of Appointment and Authorisation (Cont.)
RECOMMENDATION
1. In the exercise of the powers conferred by Section 224 of the Local Government Act 1989 and the other legislation referred to in the attached Instruments of Appointment and Authorisation, Council resolves that:
A. The members of Council staff referred to in Attachment 1 be appointed and authorised under the Planning and Environment Act 1987;
B. The Instruments come into force immediately when the Common Seal of Council is affixed to the Instruments and remains in force until Council determines to vary or revoke them; and
C. That the Common Seal of Council be affixed to the Instruments as attached.
2. In the exercise of the powers conferred by Section 224 of the Local Government Act 1989 and the other legislation referred to in the attached Instruments of Appointment and Authorisation, the Council, in its capacity as a Committee of Management, resolves that:
A. The members of Council staff referred to in Attachment 2 be appointed and authorised under the Land Act 1958;
B. The Instruments come into force immediately when the Common Seal of Council is affixed to the Instruments and remains in force until Council determines to vary or revoke them; and
C. That the Common Seal of Council be affixed to the Instruments as attached.
3. That Council revokes the following Planning and Environment Act 1987 Instruments of Appointment and Authorisation, effective immediately:
Name Dated
Virginia Brook 24 November 2014
Campbell Darbyshire 24 August 2015
Patrick Dubac 28 November 2016
Joshua O’Connor 30 January 2017
Elvio Ponzo 23 May 2017
COUNCIL DECISION
Moved: Cr. Hearn Seconded: Cr. Payne
That the recommendation be adopted.
Carried
Mornington Peninsula Shire Council 53 Council Meeting Minutes Tuesday, 27 June 2017 3.10 Instrument of Appointment and Authorisation (Cont.)
VIEW ATTACHMENT 1
VIEW ATTACHMENT 2
Mornington Peninsula Shire Council 54 Council Meeting Minutes Tuesday, 27 June 2017
3.11 Lease to the Hastings Club, 155 Marine Parade, Hastings
Prepared By Yasmin Woods, Manager – Property and Strategy
Authorised By Chief Operating Officer
Document ID A7360623
Attachment(s) YES (1)
Addendum – Late Report Circulated Thursday, 22 June 2017
PURPOSE
The purpose of this report is for Council to adopt an alternate rental calculation method for the proposed new 21 year lease to Hastings Cricket and Football Social Club (the Club).
The proposed rental calculation method, which was based on advice provided by the author of the report and adopted by Council at its meeting on 27 March 2017, inadvertently contravenes the Gambling Regulation Act 2003 (the Act). It is therefore necessary for Council to consider adopting an alternate method.
BACKGROUND
At its meeting on 27 March 2017, Council resolved, inter alia:
“That the commencement rent be set at $42,234 per annum (plus GST) for the initial year. This is composed of $20,000 rent which is ⅓ of current market value of ground rent + 1% of gaming room receipts.”
The resolution also provided that future rent increases be staggered by increases of $5,000 plus GST over the following two years to be in line with 50% market value rent. This would result in $47,234 being paid in the second year of the lease and $52,234 in the third year.
As noted in the attached correspondence from the Office of Liquor, Gaming and Racing, pursuant to Section 3.4.28A and Section 3.4.28C, the Act prohibits a Venue Operator from entering into a Prohibited Venue Agreement (which is an arrangement or understanding whereby a Venue Operator provides another person with an amount calculated by reference to the Venue Operator’s gaming machine revenue).
Mornington Peninsula Shire Council 55 Council Meeting Minutes Tuesday, 27 June 2017 3.11 Lease to the Hastings Club, 155 Marine Parade, Hastings (Cont.)
DISCUSSION
Issues
Alternate Rental Calculation Methods
Other calculation methods that are available to Council have been considered, including those that link the rental to the Club’s financial performance, but without contravening the prohibition in the Act.
Possible alternate methods include the following:
1. Full market rent valuation as assessed by Charter Keck Cramer – $61,000 per annum plus GST or part thereof (ground rental only).
2. A subsidised rent (ground rental only) that is reviewed to market every five years.
3. A dollar amount per gaming machine. The Club currently holds a Gaming Venue Operators Licence for 50 gaming machines.
4. A percentage of bar sales.
Whilst the rationale used to determine the rental payable is not permissible (based on gaming receipts), the proposal to charge the Club $42,234 in year one with annual increments of $5,000 in years two and three is still considered a fair and reasonable.
It may be appropriate for a tenant with no commercial aspects to its business to have a nominal rental with annual CPI increases, however it is standard practice for tenancies of a more commercial nature to have rentals regularly reviewed to market, reflecting the relative value of lease premises (and or land) to the permitted use.
The Mornington Peninsula Shire Responsible Gaming Strategy sets out various goals and objectives to be sought by Council in dealing with gaming venues. One of the Strategy’s objectives is “To ensure that venues operating gaming machines on Shire owned land make a positive contribution to the community.” The Strategy notes that “the presence of gaming machines changes the nature of operations of a community club. Gaming machines are a commercial activity that attracts new financial resources to the venue, resources that are not available to clubs without gaming machines. The organisation operating gaming machines on Shire owned or managed property should pay a fair rent for the property. This fair rent should be based on a commercial/market rent for the property discounted by the demonstrated social benefit by the organisation to the broad community.”
It is recognised that the Club should be eligible for a rent subsidy, i.e. a reduction from full market rental, provided they meet certain criteria such as:
Providing or promoting community, cultural, sporting, recreational activities; Applying profits toward promoting their objectives and prohibit the payment of any dividend or amount to their members; and Activities undertaken on the leased land are not in direct competition with the same or similar services in the local area of interest.
The Hastings Club would fit this criteria.
Mornington Peninsula Shire Council 56 Council Meeting Minutes Tuesday, 27 June 2017 3.11 Lease to the Hastings Club, 155 Marine Parade, Hastings (Cont.)
OFFICER DIRECT OR INDIRECT INTEREST
No person involved in the preparation of this report has a direct or indirect interest requiring disclosure.
CONCLUSION
Legal advice has been obtained confirming that the proposed rental calculation set out in Council’s resolution dated 27 March 2017, and in Council subsequent notice under Section 190 of the Local Government Act 1989, is not permissible.
It is therefore recommended that consistent with Council’s original decision, the rent not linked to gaming revenue.
RECOMMENDATION
1. That pursuant to Section 190 of the Local Government Act 1989, Council advertises its intention to enter into a lease with the Hastings Cricket and Football Social Club (the Club) for its premises at 155 Marine Parade, Hastings on the following basis:
A. The lease term be for a period of 21 years with the first term of the lease being brought into line with the date of expiry of the Club’s gaming machine entitlements, i.e. 22 August 2022 and the option to renew for the balance of the 21 year term exercisable if the Club’s entitlements are renewed.
B. That the rent payable for the first five years of the lease is as set out in the table below with annual CPI rent reviews from Year 4 and market reviews every five years.
Year Amount Per Annum (Plus GST)
Year 1 $42,234
Year 2 $47,234
Year 3 $52,234
Year 4 $52,234 plus CPI
Year 5 Year 4 rent plus CPI
C. That all outgoings including but not limited to, Water and Council rates, Fire Services Property Levy, Public Liability Insurance to the value of $20,000,000, etc. be borne by the Club.
D. That all maintenance of the premises be .the responsibility of the Club.
2. That any submissions received be considered pursuant to Section 223 of the Local Government Act 1989.
3. That provided no submissions are received Council agrees to enter into a lease with the Hastings Cricket and Football Social Club for a term of 21 years.
Mornington Peninsula Shire Council 57 Council Meeting Minutes Tuesday, 27 June 2017 3.11 Lease to the Hastings Club, 155 Marine Parade, Hastings (Cont.)
4. That all amounts after the first $10,000 rental generated from the total rent receipts in each and every year of the lease is partly allocated to the Crown land known as Hastings Park and is spent on capital improvements to the reserve and part allocation to grants to community groups in the local Hastings area.
5. That the Common Seal of the Mornington Peninsula Shire Council be affixed where necessary and relevant documents are signed by an authorising officer.
COUNCIL DECISION
Moved: Cr. Payne Seconded: Cr. Gill
That this item be deferred to allow sufficient time for Council, including Councillors, to discuss with representatives of the club to establish common ground on this lease.
Carried
VIEW ATTACHMENT 1
Mornington Peninsula Shire Council 58 Council Meeting Minutes Tuesday, 27 June 2017
4 COUNCILLORS AND DELEGATES REPORTS
At each Council Meeting, all Councillors will have the opportunity to provide an overview of any meetings attended as an appointed representative of Council.
If a Councillor chooses to provide details, the name of the conference/event and the Councillor attending will be noted in the Minutes for that meeting. If a Councillor requires additional information on the conference/event to be included in the Minutes, the Councillor must submit it in writing to Governance by 12:00 p.m. (noon) the day following the meeting.
Association/Committee Representative/s Substitute Representative/s
All Abilities Consultative Committee Cr. Celi Cr. Roper
Arts and Culture Advisory Panel Cr. Celi Cr. Gill Cr. Clark
Association of Bayside Municipalities Cr. Clark Cr. Hearn Cr. Brooks
Audit Committee Cr. Fraser Cr. Colomb Cr. Payne
Australia Day Committee Cr. Hearn Cr. Clark
Bass Park Trust Cr. Gill N/A
Blue Scope Steel Consultative Committee Cr. Roper Cr. Brooks
Community Consultative Committee on Cr. Martin Cr. Celi Gaming
Communities That Care (CTC) Cr. Hearn Cr. Roper
First Shot Committee Cr. Payne N/A
Friends of Lospalos Community Committee Cr. Fraser Cr. Hearn
Hastings Community Alliance Cr. Roper N/A
Health and Wellbeing Committee Cr. Celi Cr. Clark
Inter Council Aboriginal Consultative Cr. Hearn Cr. Roper Committee Interface Councils Cr. Colomb Cr. Payne
Literacy Advisory Committee Cr. Roper Cr. Celi
Metropolitan Transport Forum Cr. Martin Cr. Colomb
Mornington Peninsula Shire Council 59 Council Meeting Minutes Tuesday, 27 June 2017 4 COUNCILLORS AND DELEGATES REPORTS (Cont.)
Association/Committee Representative/s Substitute Representative/s
Metropolitan Waste and Resource Recovery Cr. Fraser Cr. Payne Forum Cr. Brooks
Mornington Liquor Industry Accord Cr. Hearn Cr. Martin Cr. Clark
Mornington Peninsula and Western Port Cr. Gill N/A Biosphere Reserve Foundation Ltd
Mornington Peninsula Cemetery Trust Cr. Martin N/A Cr. Celi Cr. Roper
Mornington Peninsula Marine Alliance Cr. Colomb N/A Cr. Roper
Mornington Peninsula Regional Tourism Board Cr. Clark & Cr. Gill (1st 6 months) - Tourism Industry Leaders Forum Cr. Celi & Cr. Colomb (2nd 6 months)
Mornington Railway Preservation Society – Cr. Clark Cr. Martin Advisory Board
Municipal Association of Victoria (MAV) Cr. Fraser Cr. Payne
MAV Emergency Management Committee Cr. Martin Cr. Brooks
Municipal Emergency Management Planning Cr. Brooks Cr. Martin Committee
Peninsula Advisory Committee for Elders Cr. Celi Cr. Roper (PACE)
South East Metro (SEM) Cr. Colomb N/A
South East Water Sewerage Treatment and Cr. Martin Cr. Colomb Environment Protection Community Liaison Committee
Sustainable Communities – Tidy Towns and Cr. Colomb Cr. Brooks Clean Beaches Awards Cr. Clark Cr. Payne
Triple A Housing Committee Cr. Celi Cr. Hearn Cr. Brooks
Victorian Local Governance Association (VLGA) Cr. Payne Cr. Colomb
Mornington Peninsula Shire Council 60 Council Meeting Minutes Tuesday, 27 June 2017 4 COUNCILLORS AND DELEGATES REPORTS (Cont.)
Arts and Culture Advisory Panel (Cr. Celi)
The Arts and Culture Advisory Panel met last week to discuss arts, culture and music on the Mornington Peninsula.
A busy agenda highlighted discussions about music on the Peninsula and provide updates on the Draft Music Development Plan which continues to be a work in progress while driving outcomes throughout our community to keep the music scene connected and vibrant.
The Peninsula welcomes initiatives such as the Music Victoria Music Crawl Tour 2 coming soon to the Peninsula in 2017 and the State Government's Creative Industries Strategy Framework.
Creative Industries Strategy Framework: http://creative.vic.gov.au/about/creative-state
Music Victoria Music Crawl: http://www.musicvictoria.com.au/news/10692/victorian-music-crawl-musical-bus-tour-kicks-off-today
Find out more about Arts and Culture on the Mornington Peninsula: http://www.mornpen.vic.gov.au/Activities/Arts-Culture/Arts-Culture
2015-2019 – Outcomes and the Koolin Balit: Victorian Government Strategic Directions for Aboriginal Health 2012-22 – Key Priorities.
It's shaping up to be a great four year plan that will be presented to Council this year, so stay tuned for updates and future opportunity for community feedback.
Read more about the current Health and Wellbeing Plan here: http://www.mornpen.vic.gov.au/Community-Services/Health-Wellbeing/Community-Wellbeing/Health-Wellbeing-Plan
Peninsula Advisory Committee of Elders (PACE) (Cr. Celi)
World Elder Abuse Awareness Community Forum was held on 22 June 2017 to raise awareness of seniors' rights and honour older people and their right to live in safety, with dignity and with respect.
It was a pleasure to welcome back to the Peninsula Mr. Gerard Mansour – Commissioner for Senior Victorians, Ambassador for Prevention of Elder Abuse; Dr. John Chesterman – from The Office of The Public Advocate who made some special announcements with the release of the Commonwealth Commissioned Report, Elder Abuse – A National Legal Response, that has now been received by the Attorney-General and to launch the Your Voice - Trust your choice - Tips for Seniors making enduring powers of attorney booklet by the Commissioner and the Office of the Public Advocate.
Mr. Gary Ferguson - Community Education Manager, Seniors Rights Victoria hosted an interactive Q&A presentation on elder abuse and its many forms. Click here for information and resources http://seniorsrights.org.au/resources/.
Also joining us on the day were representatives of the Department of Health and Human Services (DHHS), Alzheimer's Victoria and Victoria Police who joined Members of PACE and the Positive Ageing Steering Committee and local community guests at the forum.
Mornington Peninsula Shire Council 61 Council Meeting Minutes Tuesday, 27 June 2017 4 COUNCILLORS AND DELEGATES REPORTS (Cont.)
Also over the last week World Elder Abuse Awareness Day (WEAAD) activities took place across the Peninsula and on behalf of the Shire I would like to acknowledge and thank:
PACE for leading a great campaign to raise awareness and manning information booths at Rosebud Plaza and Bentons Square Shopping Centre;
Lions Club McCrae for lighting up the lighthouse purple;
Rosebud Plaza and Bentons Square Shopping Centre; and
Local radio RPP for their valuable community support over the MP News for their media coverage.
Copy of Elder Abuse - A National Legal Response here: http://www.alrc.gov.au/publications/elder-abuse-report
Download a copy of: Your voice - Trust your choice - Tips for Seniors making enduring powers of attorney booklet: http://www.publicadvocate.vic.gov.au/our-services/publications-forms/enduring-powers-of-attorney/ enduring-power-of-attorney-publications/413-your-voice-trust-your-choice
Link to Seniors Rights Victoria: http://seniorsrights.org.au/your-rights/
Health and Wellbeing Committee (Cr. Clark)
The Mornington Peninsula Shire Health and Wellbeing Committee met on 22 June to discuss and identify key health and wellbeing issues for the Mornington Peninsula.
Joined by Cr. Antonella Celi, it was a very productive meeting that discussed the new draft Municipal Health and Wellbeing Plan taking in community and health service provider stakeholder feedback. It was good to have Regina from the Department of Health and Wellbeing join us in discussions as we, the committee, works to align the Municipal Health and Wellbeing Plan with the Victorian Public Health and Wellbeing Plan 2015-2019 - Outcomes and the Koolin Balit: Victorian Government Strategic Directions for Aboriginal Health 2012-2022 - Key Priorities.
It's shaping up to be a great four year plan that will be presented to Council this year, so stay tuned for updates and future opportunity for community feedback.
Read more about the current Health and Wellbeing Plan here: http://www.mornpen.vic.gov.au/Community-Services/Health-Wellbeing/Community-Wellbeing/Health-Wellbeing-Plan
Salvation Army Dromana Donation (Cr. Martin)
During Cr. Martin's recent leave from Council he undertook to to donate his allowance to a worthwhile charity. Cr. Martin was able to present his cheque for $2,000 to Major Neil Elliott of the Salvation Army at the Rotary Club of Dromana two weeks ago. Cr. Martin was advised that the Salvation Army will put it to good use, assisting our underprivileged on the Peninsula.
Mornington Peninsula Shire Council 62 Council Meeting Minutes Tuesday, 27 June 2017 4 COUNCILLORS AND DELEGATES REPORTS (Cont.)
Victorian Local Governance Association (VLGA) Seminar (Cr. Payne)
Cr. Payne attended a seminar conducted by the VLGA titled 'Planning Beyond the Ring Road'. Cr. Payne commended the VLGA on holding these monthly functions and he has found them most informative. This particular seminar was about planning issues and Jude Munro, Chair of the Victoria Planning Authority, was a guest speaker. Ms. Munro advised that the most sufficient transport is not trains or trams but it is buses as they can change their routes and changes can be made to timetables. A planner from the City of Auckland was also in attendance. Cr. Payne advised that the City of Auckland has the most sophisticated planning software that he had seen. When a planning permit application is received it is assessed not only on its planning merits but on the community benefit, transport requirements, schools etc.; all become part of the assessment and triggered. A leading consultant in planning also discussed some of the processes that he implemented so it was a very worthwhile conference and something that we can learn from.
Mornington Peninsula Shire Council 63 Council Meeting Minutes Tuesday, 27 June 2017
5 NOTICES OF MOTION
Notices of Motion must be received three (3) clear business days prior to a Meeting.
Nil.
Mornington Peninsula Shire Council 64 Council Meeting Minutes Tuesday, 27 June 2017
6 URGENT BUSINESS
Under Council's Meeting Procedure and Common Seal Local Law, no business may be admitted as urgent business unless it:
1. Relates to a matter which has arisen since distribution of the Agenda. 2. Cannot because of its urgency, be reasonably listed in the Agenda of the next Council Meeting. 3. Councillors by a majority vote, vote in favour of a matter being dealt with as urgent business.
6.1 Victorian Planning Changes (Cr. Gill)
Cr. David Gill sought leave of Council to introduce an item of Urgent Business.
PROCEDURAL MOTION
Moved: Cr. Celi Seconded: Cr. Payne
That Cr. David Gill be granted leave of Council to introduce an item of Urgent Business.
Carried
COUNCIL DECISION
Moved: Cr. Gill Seconded: Cr. Brooks
1. That Mornington Peninsula Shire Council (MPSC) write to all Victorian State MPs and all Victorian Councils expressing grave concern about the recent planning changes affecting Victoria and outlining our concerns about their particular effects on the Mornington Peninsula.
2. That a major ongoing publicity and media campaign be undertaken to bring public attention to the issues and all ramifications of the recent changes affecting our planning scheme.
3. That MPSC forthwith organise and publicise public meetings throughout the municipality to further raise community awareness about the issues involved and invite the Planning Minister, local MPs and other relevant figures as guest speakers.
Carried Unanimously
Mornington Peninsula Shire Council 65 Council Meeting Minutes Tuesday, 27 June 2017
7 CONFIDENTIAL ITEMS
Nil.
Mornington Peninsula Shire Council 66 Council Meeting Minutes Tuesday, 27 June 2017
8 MEETING CLOSE
As there was no further business, the meeting closed at 9:24 p.m.
CONFIRMED THIS 25TH DAY OF JULY 2017
……………………………………………………. MAYOR, CR. BEV COLOMB, CHAIRPERSON - COUNCIL
Mornington Peninsula Shire Council 67