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Ordinary Council Meeting Minutes Ordinary Council Meeting Minutes Meeting No. 400 Tuesday 9 February 2016 Commenced at 7pm Keilor Municipal Offices Old Calder Highway Keilor TRIM Reference: DA/16/2 Welcome to this Council Meeting The purpose of this meeting is for Council to make decisions on matters that affect the City. Matters Council will consider at this meeting are listed in this Agenda. The Governance (Meeting Procedure) Local Law No. 1 2015, sets out the way Council Meetings run and the conduct expected of the Council and members of the public. Council Meetings are open to members of the public to attend and observe proceedings. Members of the public must ensure their conduct or behaviour does not interfere with the running of the Council Meeting. Members of the public (including media) wishing to record a Council Meeting (audio or video) must seek approval from the Chair prior to the meeting. Only if the Chair grants permission is recording allowed, and the Chair will advise everyone in attendance (for privacy reasons). The Council A Panel of Administrators appointed by the State Government form the Council and have the authority to make decisions in the best interests of the City of Brimbank. The Chair of the Panel of Administrators performs the functions, powers and duties of the Mayor of Brimbank City Council. Panel of Administrators: • Chair, Mr John Watson • Administrator, Mrs Jane Nathan • Administrator, Mr John Tanner The Chair is responsible for ensuring Council Meetings are run in accordance with the Governance (Meeting Procedure) Local Law No. 1 2015. Voting For each decision Council makes, a Councillor will first propose (move) a motion. The motion must be seconded by another Councillor before it can be discussed and decided on. Voting on a motion is always by a show of hands. Council Meetings will generally follow the order below: Opening (including Acknowledgement of Country) At the start of each meeting, the Chair will welcome everyone in attendance, pay Council’s respects to the traditional owners of the land, and restate Council’s Commitment to act in the best interests of the Brimbank community, make decisions fairly and without bias and uphold all obligations under State and Local laws. Apologies / Leave of Absence It is expected that Councillors will attend all Council and Special Committee meetings to participate in the Council decision making process. There may be times a Councillor is not able to attend a meeting, and may submit an apology for that meeting by advising the Mayor or Chair. When a Councillor is absent for a longer period of time, they will request a Leave of Absence, which must be approved by Council. The Chair will note any Leaves of Absence at subsequent Council Meetings. Disclosure of Conflicts of Interest Councillors are required to disclose any conflict of interest as well as the reasons for that conflict. If a Councillor has disclosed a conflict of interest, they must leave the meeting prior to any discussion or vote on the matter, and will only return to the Council Meeting when the matter has been decided. In practical terms, Councillors are asked to flag their intent to disclose a conflict of interest at the start of the meeting when asked by the Chair. They will also restate any conflict of interest, including the type and nature, immediately prior to the relevant item on the Agenda. Designation of Items as Confidential In order for Council to make an informed decision on a matter, sometimes supporting written information is provided that is inappropriate to be released publicly, for example, information that is Commercial In Confidence. Council may resolve to declare any relevant documents as confidential, in accordance with Section 89(2) of the Local Government Act 1989. Confirmation of Minutes of Previous Meetings Council is required to confirm the accuracy of the Minutes of previous Council Meetings. Condolences / Congratulations The Chair may convey any civic condolences, highlight any achievements or extend congratulations on behalf of Council. Public Question Time For each Ordinary Council Meeting, there is an opportunity for the members of the public to submit questions to the Council. There is a limit of two (2) questions per person, per meeting. Questions must be submitted in writing by 12 noon on the day of the meeting, and must be related to the responsibilities of Council and worded respectfully. Members of the public who have submitted questions must be present at Public Question Time, for their question to be read and responded to. A Council officer will read questions submitted in accordance with the Governance (Meeting Procedure) Local Law No. 1 2015, and the Chair will decide who responds. There will be times when a question cannot be answered at the meeting. In these situations, the question will be ‘taken on notice’ and a written response will be provided within five (5) business days. Petitions Petitioning is a long-established process for members of the community to make a request or present their views on a matter directly to Council. Petitions must be received five (5) business days prior to the Council Meeting so the matter can be included in the Agenda. Any petitions handed to Councillors or Council staff at a Council Meeting will be presented to the next Ordinary Council Meeting. Minutes/Reports of Special Committees If Council has established special committees under section 86 of the Local Government Act 1989, these committees must report on their activities to Council. The usual practice for these reports is for the Minutes of the Special Committee Meeting to be presented. Officer Reports The reports in this Agenda are written by Council officers based on their best professional advice. Reports contain background, analysis of issues, relevant legal and financial implications and an officer recommendation on the matter for Council to consider. Notices of Motion A Notice of Motion is a motion that a Councillor wants to put to the Council for their consideration on a particular matter. These motions appear in the Agenda without an Officer Report. Rescission Motions A Rescission Motion is a motion that a Councillor wants to put to the Council to consider reversing a previous Council decision on a matter. Usually a Councillor will propose a different motion for Council to consider. There may be times where a Council officer will recommend to Council that it rescinds a previous decision. This will be included in an Officer Report. Urgent Business If a matter has arisen since the distribution of the Agenda that requires a decision of Council, and cannot be deferred until the next Ordinary Council Meeting, it may be admitted as an item of urgent business. This may only happen if deferring consideration of the matter would have a negative impact on the Council, the municipality or the local community. Council must first decide to accept an item of urgent business before the matter itself can be discussed or considered. Confidential Business Sometimes Council will need to close the meeting to members of the public, to consider confidential Officer Reports. The decision to close the meeting to the members of the public may only be made in accordance with section 89 of the Local Government Act 1989. Members of the public are then required to leave the meeting, but are able to return once the confidential item has been decided. Closing The Chair will thank everyone for attending and formally close the Council Meeting. Next meeting Tuesday 23 February 2016 at 7pm Council Chamber, Sunshine Municipal Offices, 6-18 Alexandra Avenue, Sunshine Council Mr John Watson Chair of Panel of Administrators Mrs Jane Nathan Administrator Mr John Tanner Administrator Executive Management Team Mr Paul Younis Chief Executive Officer Mr Stuart Menzies Director City Development Ms Helen Morrissey Director Corporate and Community Relations Ms Kath Brackett Director Community Wellbeing Mr Neil Whiteside Director Infrastructure and Environment Governance Team Ms Melanie Fleer Governance Manager Governance Officer Table of Contents 1. Opening (including Acknowledgement of Country) 13473 2. Council Commitment 13473 3. Apologies/Leave of Absence 13473 4. Disclosure of Conflicts of Interest 13473 5. Designation of Items as Confidential 13473 6. Confirmation of Minutes of Previous Meetings 13473 7. Condolences 13473 8. Congratulations 13474 9. Public Question Time 13474 10. Petitions 13475 11. Minutes/Reports of Special Committees 13475 12. Officer Reports Report 12.1 – Local Government Amendment (Improved Governance) Act 2015 Summary Report 13476 Report 12.2 - Exercise of Delegated Authority 13479 Report 12.3 - Assemblies of Council Report – February 2016 13482 Report 12.4 – Delegates’ and Representatives’ Reports 13484 Report 12.5 - Governance Report – October to December 2015 13486 Report 12.6 - Brimbank Planning Scheme Amendment C177 – Brooklyn Industrial and Commercial Precinct 13489 Report 12.7 – Ballarat Rail-Line Action Committee 13492 Report 12.8 – Proposed Western Distributor Project Status Report – February 2016 13494 Report 12.9 – Review of Construction of Road Humps in McCubbin Drive, Taylors Lakes 13497 Report 12.10 – Brimbank City Council Submission to the Sustainability Fund Priority Statement Review 13500 13. Notices of Motion 13502 14. Rescission Motions 13502 15. Urgent Business 13502 16. Confidential Business 13502 Brimbank City Council Ordinary Council Meeting Minutes 13473 Order of Business Chair, Mr John Watson opened the meeting at 7pm, and welcomed all in attendance. 1. Opening (including Acknowledgement of Country) Chair, Mr John Watson, on behalf of the Brimbank City Council, acknowledged the traditional custodians of this land, the Wurundjeri people, and paid respects to elders past and present. 2. Council Commitment Chair, Mr John Watson, read the Council Commitment as follows: As the Council, we will act in the best interests of the Brimbank community and consider the immediate and long term impacts of our decisions.
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