Minutes of Council Meeting - 24 August 2021

MINUTES

COUNCIL MEETING

TUESDAY, 24 AUGUST 2021

6.30PM

ONLINE ZOOM MEETING

Council Meeting Minutes 24 August 2021

Mornington Peninsula Shire Council 2

MORNINGTON PENINSULA SHIRE COUNCIL

WARDS AND COUNCILLORS

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

Cerberus Cr Lisa Dixon

Nepean Cr Susan Bissinger Cr Sarah Race

Red Hill Cr David Gill

Seawinds Cr Antonella Celi Cr Kerri McCafferty Cr Debra Mar

Watson Cr Paul Mercurio

SENIOR LEADERSHIP TEAM

Mr John Baker Ms Pauline Gordon Mr Mark Brady Mr Mike McIntosh

Chief Executive Officer Director – Community Strengthening Director – Corporate Strategy and Business Improvement Director – Planning and Infrastructure

RECORDING

Please note that this Council Meeting was livestreamed to the Mornington Peninsula Shire’s YouTube channel and a recording of the meeting is available on the Shire’s website.



TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

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

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

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

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

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

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

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

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

2.5 Council Decision Register ........................................................................ 8

2.6 Petitions and Joint Letters ....................................................................... 9

2.7 Public Question Time ............................................................................. 11

3 MANAGEMENT REPORTS ................................................................................... 12

3.1 Quarterly Community Report April - June 2021 .................................... 12

3.2 Adoption of Amended Governance Rules ............................................. 14

3.3 Conceptual Masterplan - Willum Warrain Aboriginal Gathering Place ........................................................................................................ 19

3.4 Domestic Animal Management Plan 2021-2025 .................................... 23

3.5 Aged care partner provider agreement update ..................................... 27

3.6 Growing Suburbs Fund 2021-2022 Proposed Projects ........................ 29

3.7 CN2527 - Somerville Active Recreation Hub Construction - Tender Recommendation Report ........................................................... 32

3.8 Flinders Coastal Advisory Group - Expression of Interest .................. 36

3.9 Draft Integrated Water Management Plan for Public Exhibition .......... 38

3.10 Draft Flood Resilience and Integrated Stormwater Management Strategy ................................................................................................... 40

3.11 Options for a Council Advocacy Position on the future role and development of the Port of Hastings .............................................. 42

3.12 Submission relating to proposed Utility Installation (Battery Storage) at 17-21 Thornells Road, Tyabb ................................ 47

3.13 Single-use Plastic Grant - Applications for endorsement .................... 64

4 COUNCILLORS AND DELEGATES REPORTS .................................................... 68



5 NOTICES OF MOTION .......................................................................................... 71

5.1 Notice of Motion 302 (Cr Holland) .......................................................... 71

5.2 Notice of Motion 303 (Cr Gill) ................................................................. 73

5.3 Notice of Motion 304 (Cr Marsh) ............................................................ 74

5.4 Notice of Motion 305 (Cr Gill) ................................................................. 75

6 URGENT BUSINESS ............................................................................................. 76

7 CONFIDENTIAL ITEMS ......................................................................................... 77

7.1 Update on Tyabb Airfield ........................................................................ 78

8 MEETING CLOSE .................................................................................................. 79



1 OPENING AND WELCOME

Meeting opened at 6.35pm

Appointed Chairperson – Mayor, Cr Despi O'Connor

1.1 Acknowledgement of Country

(Read by Cr Dixon)

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

1.2 Prayer

(Read by Cr Marsh)

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



2 PROCEDURAL MATTERS

Present

Mayor, Cr Despi O'Connor (Chairperson) Cr Susan Bissinger Cr Antonella Celi Cr Lisa Dixon Cr David Gill Cr Steve Holland Cr Debra Mar Cr Anthony Marsh Cr Kerri McCafferty Cr Paul Mercurio Deputy Mayor, Cr Sarah Race Mr John Baker, Chief Executive Officer

2.1 Apologies

Nil

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

Cr Celi declared a general conflict of interest in regard to Item 3.13 – Single-use Plastic Grant – Applications for endorsement, as Cr Celi has a family member associated with one of the applicants for the grant.

Cr Dixon declared a material conflict of interest in regard to Item 7.1 – Update on Tyabb Airfield, as Cr Dixon owns property adjacent to the Tyabb Airfield.

2.3 Confirmation of Minutes

RECOMMENDATION

That the Minutes of previous Council Meeting held on 27 July 2021, be confirmed. COUNCIL DECISION Moved: Cr Race Seconded: Cr Mercurio

That the recommendation be adopted. Carried Unanimously



2.4 Assembly of Councillors

Assembly of Councillors – 20 and 27 July and 3 and 10 August 2021 RECOMMENDATION

That Council receives and notes the record of Assembly of Councillors for 20 and 27 July and 3 and 10 August 2021. COUNCIL DECISION Moved: Cr Celi Seconded: Cr McCafferty




2.5 Council Decision Register

Attachment(s) 1. Summary of the 2019 Decision Register 2. Summary of the 2020 Decision Register 3. Summary of the 2021 Decision Register

PURPOSE

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

Attached is a Summary of the 2019 Decision Register (Attachment 1), Summary of the 2020 Decision Register (Attachment 2) and Summary of the 2021 Decision Register (Attachment 3) as at 16 August 2021.

RECOMMENDATION

That Council receives and notes the Decision Register Summaries for 2019, 2020 and 2021 (Attachments 1-3) as at 16 August 2021. COUNCIL DECISION Moved: Cr Marsh Seconded: Cr Race




2.6 Petitions and Joint Letters

Request for speed humps on Daveys Road, Mount Eliza

A joint letter from 12 local residents has been received requesting speed humps on Daveys Road, Mount Eliza in order to slow the traffic speed. As there are no footpaths on this road pedestrians are forced to walk on the road. Residents are very concerned that a pedestrian may be seriously injured. Residents also advise that a vehicle parked on this road was destroyed by a vehicle travelling at excess speed.

Immediate comment

Thank you petitioners for your enquiry regarding speeding vehicles and pedestrian safety on Daveys Bay Road, Mount Eliza. We understand that this petition was lodged due to similar concerns raised in 2015 and 2017.

The Shire’s Traffic and Transport Team take a strategic approach to treating wider residential areas, to prevent shifting the problem from one street to another. We have used this approach to successfully manage traffic speed in other areas including Dromana, Hastings and Rosebud and are now focusing on the Rye and Tootgarook where there has recently been two fatal crashes.

The Shire’s planning of footpaths is governed by the Council-adopted Pedestrian Access Strategy. This Strategy prioritises footpath projects with greatest community benefit first based on criteria including access to key destinations, residential areas and level of safety. This method has created a Principal Pedestrian Network for each town.

The concerns raised will be reviewed in detail in context to this road and possible issues in surrounding streets and a more detailed response will be provided.

Action Officer: Carolyn Lindsey, Acting Team Leader – Traffic and Transport

Request for childcare at Yawa Aquatic Centre, Rosebud

A petition with 177 signatories (with 74 providing their suburb as being within the Mornington Peninsula Shire) has been received via Change.org requesting childcare facilities at Yawa Aquatic Centre. The petition organiser feels this is an oversite in the planning of this community resource and discrimination against women, especially single mothers. The petition organiser also mentions there are no after school swimming lessons for children under five, meaning that parents (overwhelmingly women) are again disadvantaged especially if they are working full time.

Immediate comment

Yawa Aquatic Centre was designed with young families in mind, with a dedicated water play space, family changerooms and learn to swim programs for children, babies and toddlers. The available space on the site chosen for Yawa was limited, as was the funding Council had to build it. Council considered a range of different services for the new facility, however Council could not afford or accommodate every suggestion. While childcare is not available at the centre, it is available in the surrounding suburbs and day care is available at several locations in Rosebud.

Action Officer: Amy Frost, Sport and Recreation Operations Project Manager


2.6 (Cont.)


RECOMMENDATION

That Council receives and notes the above joint letter and petition and refers them back to the appropriate Shire officer for action, or to report back to Council on the matter. COUNCIL DECISION Moved: Cr Holland Seconded: Cr Mar




2.7 Public Question Time

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

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

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

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

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

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

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

Nil.

COUNCIL DECISION Moved: Cr Marsh Seconded: Cr Gill

That Item 3.13 Single-use Plastic Grant – Applications for endorsement be moved to Confidential Item 7.2 to allow confidential discussions regarding Attachment 1, which is confidential under section 3 (1) (f) of the Local Government Act 2020.

Carried Unanimously



3 MANAGEMENT REPORTS

3.1 Quarterly Community Report April - June 2021

Prepared By John Baker, Chief Executive Officer

Authorised By Chief Executive Officer

Document ID A10496076

Attachment(s) 1. Quarterly Community Report April - June 2021

PURPOSE

The purpose of this report is to present the Quarterly Community Report (Attachment 1) to a meeting of Council which is open to the public, in accordance with section 97 of the Local Government Act 2020 (the Act).

BACKGROUND

The Quarterly Community Report is a key component of our accountability to the community. It provides a detailed overview of the Council’s activities during the quarter, reporting items of achievement and progress in alignment with the Council Plan.

The Quarterly Community Report also presents financial statements and commentary relating to the financial performance and position of Council. To that end, presentation of the Quarterly Community Report ensures compliance with section 97 of the Act in relation to budget reporting.

ISSUES

The Quarterly Community Report outlines progress against each of the Council Plan’s Strategic Objectives and also includes sections on community engagement, highlighting some fast facts on how the community has engaged with the Mornington Peninsula Shire (the Shire) and the various ‘have your say’ activities for the quarter, as well as updates on major projects, including Capital Works.

Financial commentary is provided in the summary Finance Report at an organisational level in a Standard Financial Statements format. There is also financial commentary included regarding the status of key priority projects and Capital Works.

On adoption, the Quarterly Community Report will be made available on the Shire’s website.

DISCUSSION

The activities outlined in the April – June 2021 Quarterly Community Report demonstrate the ways in which Council has not only sought to respond to the challenges presented by the COVID-19 pandemic but maintained its focus on service delivery more generally. Highlights over the quarter include:

Our highlights over the quarter for COVID-19 Recovery actions include:

Continuing with Our Support Local campaign, which highlighted:

• Local business with ‘local spotlights’ which showcased innovation and excellence.

• Business to business support in ‘local experts’ where our local businesses shared their expertise and knowledge with other businesses.


3.1 (Cont.)


• Experience local’, where we promoted local experiences and activities for locals to rediscover.

• We secured $120,000 in funding through the Victorian Government’s Working for Victoria program to employ Business Support Officers for six months. The Shire officers will survey businesses across the Mornington Peninsula. As at the end of June, 460 businesses had been surveyed from across our townships which will help shape our strategy in leading a Peninsula economic recovery.

Our highlights over the quarter for Business as Usual Service Delivery and Strategy include:

• Launching our biggest community engagement project ever. Over 3,000 people shared their ideas to help shape our future, with the aim of creating a shared community vision for the Mornington Peninsula.

• Securing $4.3 million in funding for the Southern Peninsula Youth Hub.

• Launched our Solar and Energy Bulk Buy program.

Officially opened the:

• Seniors Learning centre at Hastings.

• The Mornington Community House.

And we completed:

• The Superintendent’s cottage at Police Point.

• New netball courts at Dromana Football and Netball Club.

• Yawa Aquatic Centre.

RECOMMENDATION

That the Quarterly Community Report April – June 2021 (Attachment 1) be received and noted.

COUNCIL DECISION Moved: Cr Gill Seconded: Cr Race




3.2 Adoption of Amended Governance Rules

Prepared By Amanda Sapolu, Manager - Legal and Governance

Authorised By Chief Executive Officer


Attachment(s) 1. Help Shape Our Peninsula - Governance Rules - Have your Say

2. Public Submissions - received 24 May to 18 June 2021 3. Proposed Governance Rules

PURPOSE

The purpose of this report to provide Council with feedback received from the community engagement process and to present the amended Governance Rules for adoption.

BACKGROUND

The Governance Rules were adopted by Council in August 2020. Amended Governance Rules were brought back before Council in December 2020. Since that time, a number of training sessions and briefings have occurred, resulting in a set of Governance Rules being endorsed for community consultation.

The draft Governance Rules were endorsed on 18 May 2021. The draft Governance Rules went on exhibition through a Have Your Say page from 24 May to 18 June 2021. The Have Your Say identified the key areas for change within the Governance Rules and in accordance with the Council resolution of 9 February 2021, specifically invited engagement on the wording of the Prayer (see Attachment 1).

Pursuant to clause 60 (4) of the Local Government Act 2020 a Council must ensure that a process of community engagement is followed in developing or amending its Governance Rules. It is considered that this process has been followed and accordingly Council is in a position to adopt the amended Governance Rules.

DISCUSSION

Submissions received

Submissions received are detailed below and available at Attachment 2.

Submissions Received during the Community Engagement Period of 24 May to 18 June 2021

Ability of Councillors to attend the meeting by teleconference 1

Chairperson’s powers 2

Chief Executive Officer powers 2

Ability of Councillors to seek leave to introduce further amendments 1

Notices of Motion 1

Inclusion of the Election Period Policy 0


3.2 (Cont.)


Removal of the Prayer from the Council Agenda:

• Support to reinstate the prayer 33

• Support to retain the pledge 11

• Support to include a prayer and a pledge option 2

Total submissions received 46

Submissions Received Outside of the Community Engagement Period from December 2020 to February 2021

Support to reinstate the prayer 24

Support to retain the pledge 1

Petition received to reinstate the prayer with 29 signatures

ISSUES

As a result of the community feedback, it is not considered that there are any changes required to be made to the substantive Governance Rules.

The majority of the feedback related to the inclusion of a Prayer or a Pledge. In the Governance Rules as proposed to be adopted, the inclusion of a Prayer (however worded) is no longer an item that must be included in the Agenda of a Meeting. This does not prevent Council from choosing to incorporate a prayer or a pledge as part of its meeting, nor does it prescribe the wording that must be used.

OFFICER DIRECT OR INDIRECT INTEREST

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

CONCLUSION

Council proposed to amend its Governance Rules. The amended Governance Rules were made available on Council’s website for consultation for the period 24 May to 18 June 2021. During that period, Council received 46 submissions, with only two of those submissions addressing the substantive elements of the Governance Rules, with the remainder addressing the prayer or pledge.

Accordingly, the Governance Rules as exhibited for public exhibition are proposed for adoption (see Attachment 3).

RECOMMENDATION

That Council adopts the Governance Rules appended at Attachment 3.

MOTION Moved: Cr Holland Seconded: Cr Marsh

That the recommendation be adopted.


3.2 (Cont.)


COUNCIL DECISION Moved: Cr Race Seconded: Cr Mercurio

1. That Council adopts the Governance Rules appended at Attachment 3 with the following amendments:

A. 11 (1) – Replace “11.00pm” with “10.00pm”.

B. 11 (2) – Replace “11.30pm” with “10.30pm”.

Vote by division (requested by Cr Holland) For: Cr Mercurio, Cr O’Connor, Cr Race, Cr Bissinger, Cr McCafferty, Cr Marsh,

Cr Dixon and Cr Gill. Against: Cr Mar, Cr Celi and Cr Holland.

Carried

C. 21 (4) – Insert additional sub-clauses:

c) results in a material and negative impact to the level of Council service;

d) commits Council to a cost greater than $10,000 (consideration of cost shall include the opportunity cost of wages, and any costs not included in the adopted Council Budget); or

e) contradicts an existing Council policy or resolution or is deemed to be taking a significant policy position.

Vote by division (requested by Cr Holland) For: Cr Mercurio, Cr Race, Cr Dixon, Cr O’Connor, Cr McCafferty and Cr Marsh. Against: Cr Mar, Cr Bissinger, Cr Celi, Cr Holland and Cr Gill.

Carried

D. 21 (5) – Add the additional item:

d) is defamatory, discriminatory, or offensive.

Vote by division (requested by Cr Holland) For: Cr O’Connor, Cr Mercurio, Cr Race, Cr Bissinger, Cr Marsh, Cr Dixon, Cr Celi,

Cr Gill, Cr Mar and Cr McCafferty. Against: Cr Holland.

Carried

E. 21 (6) – Amend to:

“The Chief Executive Officer may reject a proposed Notice of Motion that:


3.2 (Cont.)


a) relates to the day-to-day management of Council by the Chief Executive Officer; or

b) relates to a matter that has already been acted upon.

Vote by division (requested by Cr Holland) For: Cr O’Connor, Cr Mercurio, Cr Race, Cr McCafferty, Cr Marsh and Cr Dixon. Against: Cr Mar, Cr Bissinger, Cr Celi, Cr Holland and Cr Gill.

Carried

F. 24 (1) (g) – Remove “disloyal” and “irreverent”.

G. 26 (2) – Remove sub-clauses (a) to (d) and replace with:

a) Mayor (as applicable); or

b) Chair.

Vote by division (requested by Cr Holland) For: Cr O’Connor, Cr Mercurio, Cr Race, Cr Bissinger, Cr McCafferty, Cr Marsh,

Cr Dixon, Cr Celi, Cr Gill and Cr Mar. Against: Cr Holland.

Carried

2. That the Governance Rules will come into effect from 11.59pm on 24 August 2021.

Vote by division (requested by Cr Holland) For: Cr Race, Cr Mar, Cr Bissinger, Cr Celi and Cr Holland. Against: Cr O’Connor, Cr Mercurio, Cr McCafferty, Cr Marsh, Cr Dixon and Cr Gill.

Motion Lost

The Substantive Motion was then Put

Vote by division (requested by Cr Holland) For: Cr Mercurio, Cr O’Connor, Cr Race, Cr McCafferty, Cr Marsh and Cr Dixon. Against: Cr Mar, Cr Bissinger, Cr Celi, Cr Holland and Cr Gill.

Carried

For clarity, the Council Decision is repeated below.

1. That Council adopts the Governance Rules appended at Attachment 3 with the following amendments:


3.2 (Cont.)


A. 11 (1) – Replace “11.00pm” with “10.00pm”.

B. 11 (2) – Replace “11.30pm” with “10.30pm”.

C. 21 (4) – Insert additional sub-clauses:

c) results in a material and negative impact to the level of Council service;

d) commits Council to a cost greater than $10,000 (consideration of cost shall include the opportunity cost of wages, and any costs not included in the adopted Council Budget); or

e) contradicts an existing Council policy or resolution or is deemed to be taking a significant policy position.

D. 21 (5) – Add the additional item:

d) is defamatory, discriminatory, or offensive.

E. 21 (6) – Amend to:

“The Chief Executive Officer may reject a proposed Notice of Motion that:

a) relates to the day-to-day management of Council by the Chief Executive Officer; or

b) relates to a matter that has already been acted upon.

F. 24 (1) (g) – Remove “disloyal” and “irreverent”.

G. 26 (2) – Remove sub-clauses (a) to (d) and replace with:

a) Mayor (as applicable); or

b) Chair.

ADJOURNMENT OF MEETING

Moved: Cr Celi Seconded: Cr Mercurio

That the meeting be adjourned at 8.32pm for a short recess.

Carried

RESUMPTION OF MEETING

Moved: Cr Race Seconded: Cr Mar

That the meeting be resumed at 8.45pm.

Carried Unanimously



3.3 Conceptual Masterplan - Willum Warrain Aboriginal Gathering Place

Prepared By Susan Reynoldson, Community Development Officer - Project

Planner

Authorised By Director - Community Strengthening


Attachment(s) 1. Conceptual Masterplan 2. Mornington Peninsula Shire - Reconciliation Action Plan 3. Public Exhibition Submissions (confidential) 4. Bunurong Land Council - MOU (confidential) 5. Proposed Future Lease Parcels

PURPOSE

The purpose of this report is to present Council with the feedback from the public exhibition period on the draft Conceptual Masterplan (draft Masterplan) for Willum Warrain Aboriginal Gathering Place (Attachment 1) and recommendation for adoption of the Masterplan.

The report additionally seeks Council’s consideration to enter a 30-year lease with Willum Warrain Aboriginal Association, to support the proposed extended site footprint as identified in the Masterplan.

BACKGROUND

The Willum Warrain Aboriginal Association currently leases 10C Pound Road, Hastings for the operations of the Willum Warrain Gathering Place.

The development of the Masterplan grew from the Willum Warrain Strategic Plan and the guiding principles of Aboriginal self-determination. The significant growth of the gathering place over recent years points to an ongoing demand and need for additional services, programs and staffing.

The draft Masterplan for Willum Warrain Aboriginal Gathering Place encapsulates an expanded site on this industrial zoned land owned by the Mornington Peninsula Shire (the Shire). The draft Masterplan proposes that Willum Warrain be leased (30 years) the additional areas between its current footprint and Pound Road (Attachment 5). This is to enable the development of a Gathering Place building, meeting spaces, café, kitchen, artefacts/art display area, dedicated elders area, a welcome and yarning area and a base for cultural gathering (Attachment 1).

POLICY FRAMEWORK

The Masterplan was developed through the guiding principles of self-determination as per the Victorian Aboriginal Affairs Framework 2018-2023:

• At its core, self-determination is about Aboriginal people being at the centre of decision making around the issues that directly affect their lives.

The Shire’s Reconciliation Action Plan (RAP) (Attachment 2) Framework also supports this approach:

• Our Approach to Reconciliation.

We make decisions guided by the needs and aspirations of Traditional Owners and other Aboriginal and Torres Strait Islander people.


3.3 (Cont.)


• Supporting Aboriginal Organisations and businesses.

Continue to support and promote self-determination for local Aboriginal organisations and businesses including:

o Explore opportunities for further collaborations and partnerships with Aboriginal

organisations and businesses.

o Support local Aboriginal organisations to progress self-determination by

promoting their services, programs and events.

DISCUSSION

Engagement/Consultation

At its Meeting held on 18 May 2021, Council adopted to place the Masterplan on public exhibition for a period of four weeks. Council invited community and stakeholders’ feedback on the conceptual Masterplan via a range of consultation methods, including direct mail out, social media, website and newspaper.

The results of the submissions included a total of 84 responses (Confidential Attachment 3).

The results of the stakeholder and community consultation found that majority of submissions (93%) provided positive feedback on the Masterplan. Notably 6% provided responses of concern.

Key themes

The exhibition period submissions indicated they broadly valued the following:

• culturally safe gathering place

• connection to the environment ‘to Country’

• capacity for growth to support services, programs and cultural experiences.

Concerns related to the proposal included:

1. Ensuring the project is respectful of the Traditional Owners and other indigenous people and organisations across the Mornington Peninsula.

Officer’s comment: The issues raised related to Cultural protocol prior to determining a need for plan. The Bunurong Foundation and Boon Wurrung Land Council along with known Aboriginal groups and Aboriginal businesses were invited for input prior to the preparation of a masterplan and during the public exhibition period process.

2. Avoids any potential negative impacts with competing business ventures, interest and funds.

Officer’s comment: The Shire’s Reconciliation Action Plan (RAP) framework supports and promotes self-determination for local Aboriginal organisations and businesses to determine their own future. The Shire also supports decision making that is made together, guided by the needs and aspirations of Traditional Owners and Aboriginal and Torres Strait Islanders.

The draft Masterplan reflects Willum Warrain’s future aspirations for the facility and under the Competition and Consumer Act Legislation, the Shire does not support an anti-competitive approach to any business-related ventures.


3.3 (Cont.)


3. General support for Aboriginal organisations and groups across the Mornington Peninsula.

Officer’s comment: The Shire supports and promotes self-determination for local Aboriginal organisations and businesses.

LAND COUNCIL

The Bunurong Land Council Aboriginal Corporation and the Boon Wurrung Foundation have provided preliminary support for the development of the Masterplan. The position of the Boon Wurrung Foundation in supporting the plan has not changed.

Further detailed discussions have taken place between the Bunurong Land Council Aboriginal Corporation and Willum Warrain Aboriginal organisation, to determine a mutual agreement on the plan.

A Memorandum of Understanding (MOU) has now been developed between the parties that outlines support for the masterplan and the future expansion initiatives with consideration to future collaborations and partnerships with Aboriginal organisations and businesses. (Confidential Attachment 4).

FINANCIAL IMPLICATIONS

The estimated total cost of the Masterplan is in the order of $5.7 million. The Shire’s support for the Masterplan includes the lease of the land and supporting the development of the Masterplan.

As the funding needs to be secured by the Willum Warrain Aboriginal Association, funds will be sought through government grants, philanthropic contributions, and fundraising.

A four staged implementation plan:

Stage 1 Stage 2 Stage 3 Stage 4

$2.63 million $1.82 million $0.52 million $0.73 million

The Aboriginal Community Infrastructure Fund through Aboriginal Affairs Victoria has funding of up to $1.6 million in support for Aboriginal organisations to build new community infrastructure. The grant program closes 6 September 2021.



CONCLUSION

The development of the Masterplan has been undertaken using the guiding principles of self-determination in line with the Shire’s and the State Government’s policies context.

The significant growth of the Willum Warrain Gathering Place over recent years points to a need to expand its capacity to support their communities needs and aspirations. The public exhibition period results have largely confirmed this support.

Given the confirmation of support from the Bunurong Land Council Aboriginal Corporation and the Boon Wurrung Foundation, in line with the Shire’s RAP decision making framework, the Masterplan is recommended for adoption.


3.3 (Cont.)


RECOMMENDATION

That Council:

1. Adopts the Draft Conceptual Masterplan for Willum Warrain Aboriginal Gathering Place (Attachment 1).

2. Agrees that a separate report will be brought to a Council meeting, prior to the expiry of the current lease term on 31 December 2023, recommending a new lease for a term of 30 years over the expanded area, as proposed in the Conceptual Masterplan, and subject to the provisions of the Local Government Act 2020.

3. Thanks the submitters from the public exhibition process for their submission and advises of Council’s decision.

Part B

That Council resolves that Attachments 3 and 4 to this report be retained as confidential items pursuant to section 3 (1) (e) and (f) of the Local Government Act 2020 as they contain private, personal and contractual information.

COUNCIL DECISION Moved: Cr Dixon Seconded: Cr McCafferty




3.4 Domestic Animal Management Plan 2021-2025

Prepared By Talana Cook, Team Leader - Community Safety



Attachment(s) 1. Draft Domestic Animal Management Plan 2021-2025

PURPOSE

The Domestic Animals Act 1994 (the Act) places a statutory obligation on Local Government to adopt a Domestic Animal Management (DAM) Plan every four years. The 2021-2025 DAM Plan must be adopted by Council and submitted to State Government by 4 December 2021.

The purpose of this report is to inform Council of the outcomes of the public consultation process for the draft Plan, present Council with a draft of the 2021-2025 DAM Plan, outline the key strategic objectives, and seek Council approval for the draft DAM Plan to be released for public comment.

BACKGROUND

The purpose of the DAM Plan is to provide Council with a strategic framework that delivers policy direction for animal management in the Mornington Peninsula Shire (the Shire).

Section 68A (2) of the Act specifies that a Council’s DAM Plan must include the following:

• A method for evaluating its animal control services.

• An outline of programs for training of authorised animal management officers.

• An outline of intended programs, services and strategies in relation to specified animal management matters.

• Review of all existing orders and consideration of the need for further orders.

• Review of any other matters related to management of dogs and cats.

• Periodic evaluation of all programs, services and strategies.

The Shire recognises the health and community benefits of pet ownership and the importance of responsible pet ownership to protect the community and the environment. Facilitating responsible animal ownership and management across the Shire is an endorsed strategy in the Shire’s Council Plan. The draft DAM Plan 2021-2025 is the Shire’s fourth such plan and recognises the importance of a balanced and integrated approach to the management of issues affecting both pet owners and non-pet owners.

DISCUSSION

The draft DAM Plan was developed in consultation with Council’s Community Safety team and informed by community and stakeholder consultation, research and benchmarking activities. It seeks to balance community and stakeholder needs, whilst ensuring compliance with the requirements of the Act.

The development of the draft DAM Plan involved a review of the existing DAM Plan and consultation with both internal and external stakeholders.


3.4 (Cont.)


Consultation

Community interest in domestic animal management is significant. Community consultation to inform the development of the Plan took place from 3 May to 23 May 2021, with late responses accepted until 1 June 2021. The purpose of the consultation was to better understand views in relation to dog and cat issues in the community.

Consultation tools were made available via Council’s online platform – Shape Your Future:

• Online survey – provide feedback and suggestions on a series of dog and cat matters.

• Mapping tool – mark on a Shire map areas dog or cat related concerns or ideas.

• Upload a written submission.

• Email: [email protected]

The following non-digital methodologies were utilised:

• Hard copy surveys were available for completion at all Shire Service Centres, or mailed out upon request.

• Writing to the Shire.

The consultation was promoted via Council’s communication channels, including Shape Your Future, social media, e-newsletter, media releases and newspaper advertisements.

Key external stakeholders (e.g. vets, shelters, animal groups, domestic animal businesses, interested residents etc.) were directly emailed an invitation link to participate in the community consultation activities.

Two hundred and eighty-six valid responses were received.

The key issues identified as a result of consultation are:

• dogs off lead or not under effective control

• dog waste

• not enough leash free areas

• inconsistent and confusing signage (dog controls)

• clarity of information – where are leash free and dog prohibited areas?

• safety – potential of dog attacks

• barking dogs

• enforcement of dog controls

• wandering cats impacting wildlife.

Constructive Councillor feedback on the draft DAM Plan was obtained during a recent Councillor workshop.

mailto:[email protected]


3.4 (Cont.)


ISSUES

Key Initiatives

Following a review of the community feedback and the Shire’s progress during the current DAM Plan, the draft DAM Plan 2021-2025 proposes the following key initiatives:

• support Shire officers to continue to develop their skills

• provide a planned and focused communication approach

• promote community compliance with dog controls in public places

• provide a greater presence in the community to improve compliance and enhance education

• continue to improve animal welfare outcomes

• investigate opportunities for affordable pet de-sexing

• increase registration compliance and opportunities for lost pets to be more easily reunited with their owners

• support a strategic and consistent approach to leash free and dog prohibited areas across the Shire

• provide a consistent approach to enforcement of regulations

• decrease dog waste in public places

• reduce dog attacks

• identify and register declared dogs

• ensure compliance by owners of declared dogs

• identify operating Domestic Animal Businesses

• ensure compliance by Domestic Animal Businesses

• conduct an annual review of the Plan.

Benefits and Implementation

The environmental, social and economic benefits of the draft DAM Plan 2021-2025 were evaluated during the development process. The health and social benefits of pet ownership have been clearly demonstrated, as have the risks to the community posed by dangerous dogs, with 259 dog attack or rush incidents occurring during 2020. The environmental impacts of stray/feral domestic animals have also been DAM evaluated.

The strategies and actions outlined within the adopted Plan will be implemented and evaluated over the four-year period in partnership with relevant stakeholders.




3.4 (Cont.)


CONCLUSION

The draft DAM Plan 2021-2025 is presented to Council to seek approval for it to be released for public comment for a period of 28 days, from 25 August to 22 September 2021. Copies of the draft DAM Plan 2021-2025 will be made available to the community via the Shire’s website and at the Shire’s Service Centres. The community will be able to provide feedback via an online survey on Council’s Shape Your Future platform, with hard copies of the survey also available for completion. Submissions will also be received via email and post. Key external stakeholders will be emailed an invitation link to participate in the consultation activities.

Following the completion of the public submission period, and analysis of feedback received, it is proposed that the DAM Plan 2021-2025 be presented to Council for adoption on 1 November 2021.

RECOMMENDATION

That the draft Domestic Animal Management Plan 2021-2025 (Attachment 1) be placed on exhibition for public comment from 25 August to 22 September 2021.

COUNCIL DECISION Moved: Cr Gill Seconded: Cr Bissinger

That the draft Domestic Animal Management Plan 2021-2025 (Attachment 1) with the inclusion of Part B be placed on exhibition for public comment from 25 August to 22 September 2021.

Part B

That after the final adoption of the Shire’s Domestic Animal Management Plan Council will hold yearly online community engagement sessions that allow for questions and answers, feedback and information on the implementation and effectiveness of the Domestic Animal Management Plan 2021-2025 and that yearly reports be presented to Council about these engagement sessions.

Carried Unanimously



3.5 Aged care partner provider agreement update

Prepared By Jo Bradshaw, Manager Community Services



Attachment(s) Nil

PURPOSE

The purpose of this report is to seek a contract variation to enable mecwacare to engage unqualified staff to deliver domestic assistance services, under the current Aged Care Partner Provider Agreement (the Agreement).

BACKGROUND

The Agreement with mecwacare has successfully been in place for eight months. Up until 31 July 2021 we have:

• Referred 1,322 core services (Domestic Assistance, Personal Care, Respite Care and Shopping Assistance) to mecwacare:

o 941 of these referrals have been for Domestic Assistance.

• Ceased services to 746 Mornington Peninsula Shire (Shire) clients due to natural attrition.

• Received 28 Community Care Workers resignations.

The aged care industry is currently experiencing a shortage of qualified workers, largely due to the COVID-19 pandemic and Royal Commission into Aged Care, which has impacted the number of staff entering into the home care workforce.

DISCUSSION

During the pandemic students who studied relevant certificates in 2020 and to date in 2021 have been unable to complete placements and cannot graduate. Existing qualified staff already in the aged care industry have also not been able to work in more than one facility, or for more than one organisation.

Many other private and local government providers have experienced the same issue and are implementing strategies to recruit unqualified staff to perform domestic assistance services only.

Whilst the industry wide staff shortages have impacted all providers, mecwacare has successfully implemented such a strategy across all regions. Their experience has shown that the unqualified domestic assistance staff provide better quality cleaning, as it is their sole focus. They are also giving unqualified staff the opportunity and support to complete Certificate III Home and Community Care studies while employed with mecwacare.

ISSUES

The current impact on the community is that mecwacare is unable to employ enough suitably qualified staff to deliver domestic assistance services to support vulnerable residents.


3.5 (Cont.)


Under the proposed contract variation mecwacare will be a better placed to continue to meet community demand for in-home domestic assistance support.

Financial Impacts

• This proposal will not reap any cost savings but rather will enable mecwacare to source enough staff to deliver domestic assistance services to meet community need.

• The partner provider agreement was $430,000 underspent for financial year 2020-2021.

• This proposal will increase staffing levels for mecwacare which will align better to our 2021-2022 forecast of $2.8 million.

• However, it should be noted that service delivery may be delayed while recruitment occurs which will reduce this forecast spend.

Should the Shire officer recommendation to vary the contract not be endorsed by Council, the following impacts may be experienced by the community:

• Long waiting times for Mornington Peninsula residents to receive in-home support for domestic assistance.

• Increased risk of residents’ premature admission to hospital and residential aged care services.

• Increased risk of Council failing to meet Commonwealth Service Agreement targets.



CONCLUSION

A contract variation is requested to enable mecwacare to employ unqualified domestic assistance staff to deliver timely services to eligible Mornington Peninsula residents.

RECOMMENDATION

That Council endorses a contact variation to enable mecwacare to employ unqualified staff to deliver domestic assistance services only.

COUNCIL DECISION Moved: Cr Gill Seconded: Cr Celi

1. That Council endorses a contract variation to enable mecwacare to employ unqualified staff to deliver domestic assistance services only.

2. That Council contact relevant State and Federal politicians to express our dismay about the lack of qualified staff to care for these vulnerable people requiring domestic assistance in order to stay in their own homes.

Carried Unanimously



3.6 Growing Suburbs Fund 2021-2022 Proposed Projects

Prepared By Nicole Catsicas, Infrastructure Grants Facilitator

Authorised By Director - Corporate Strategy & Business Improvement


Attachment(s) 1. Growing Suburbs Fund (GSF) 2021-2022 Guidelines 2. GSF 2021-2022 Shortlisted Projects (confidential)

PURPOSE

The purpose of this report is to seek a Council resolution on the proposed grant applications to the next round of the Growing Suburbs Fund (GSF).

The GSF is opening 1 September 2021 and if projects are successful through this program, they will require a financial contribution from Council.

BACKGROUND

The GSF is generally an annual program offered by the State Government to support the development and improvement of community infrastructure. Applications are only open and applicable to Local Government Authorities.

The opportunity to attract significant State funding for projects is a vital source of income required to support the delivery of Mornington Peninsula Shire’s Capital Works Program.

The GSF provides funding across a range of areas, including sport and recreation facilities, social interaction, early education, environment, and civic amenity – provided all projects possess a strong community and multi-purpose flavour.

The grant guidelines and criteria for the 2021-2022 GSF are attached to this report (Attachment 1) and are similar to previous rounds. The six additional peri-urban councils are to again be included in the program and the 18-month timeframe for construction commencement remains. However, this round stipulates a two-year completion timeframe rather than the usual three years.

A Council resolution is required to accompany submission of potential grant projects along with a priority order of the projects and if successful, Council will be required to commit funding to support the delivery of the project/s within its draft Long-term Capital Works Program (LTCWP) from financial year 2023 (FY23).

DISCUSSION

To determine projects for application, potential projects have been shortlisted against a broad range of criteria including:

• the grant criteria and guidelines

• alignment with Council adopted projects

• project delivery timelines in alignment with required grant timelines

• alignment with the long-term Capital Works priorities.

Based on the project selection process, several projects have been shortlisted and included as Attachment 2 to this report.


3.6 (Cont.)


The below projects are proposed for grant preparation and submission to the FY22 GSF:

Priority Project

Estimated Total

Project Cost

Estimated GSF

Funding Request

Estimated Council

Contribution

Other Funding

1 Somerville to Baxter Shared Path

$7,000,000 $3,000,000 $2,000,000 $2,000,000

2 Alexandra Park Pavilion Redevelopment

$5,750,000 $2,050,000 $600,000 $3,100,000

Note: the above estimates are subject to change as officers finalise concept plans and confirm more accurate total project costs.

To satisfy the priority order requirement for the GSF program, officers would suggest this be based on total construction value of each project to maximise the grant funding obtained for Shire.

Alignment with new Community Vision

These two projects align well with several of the resulting principles from the shared Community Vision. The Somerville to Baxter Shared Path, aside from being the topic of considerable discussion with respect to connecting our broader Peninsula Trails and the Missing Links, is also strongly aligned with Principle 2 – Integrated Public Transport and Accessibility Infrastructure, particularly as this project serves to improve safe access including the building of better footpaths and bike paths.

The Alexandra Park project engages productive partnerships with community groups, clubs, sporting bodies and medical/health providers which will bring a synergistic combination of users together within the one multi-purpose community facility. This project reflects well Principles 4 and 5 in planning innovative development and encouraging sports opportunities on the Mornington Peninsula.

Funding

In determining endorsement of grant applications, Council will need to consider funding implications to its FY23 and subsequent years’ Capital Works Programs. It is anticipated that only one of the above listed projects will be successful through the GSF. The financial impacts for each of the proposed projects are:

• Somerville to Baxter Shared Path

There is currently a council contribution of $2 million in the draft LTCWP for FY23. A Council resolution formalising this commitment is required as part of the GSF criteria, and if successful, this amount would be committed in Council’s FY23 Budget.

• Alexandra Park Pavilion Redevelopment

Council has already contributed the full cost of planning, detailed-design and site power supply upgrades for the Alexandra Park Pavilion Redevelopment project. There is currently a Council contribution of $2 million in the draft LTCWP for FY23 and the funding has been committed as part of a previous Council decision. Should this project be successful, it would free up $1.6 million in the FY23 Budget for other projects.


3.6 (Cont.)




CONCLUSION

Council has an opportunity to attract significant funding from the State Government to contribute to the improvement of its community infrastructure provision.

Council will be required to progress successful projects to Design Phase almost immediately and to commit funds in its current and subsequent Capital Works Programs.

RECOMMENDATION

That Council:

1. Endorses the following two project applications be submitted to the 2021-2022 Growing Suburbs Fund (GSF):

A. Somerville to Baxter Shared Path

B. Alexandra Park Pavilion Redevelopment.

2. Matches the funding of the successful GSF project in its Financial Year 2023 and subsequent Capital Works Programs according to the minimum GSF funding ratio of $1:$1 (which can include funding offsets from other project partners).

Part B

That Council resolves that Attachment 2 to this report be retained as a confidential item pursuant to section 3 (1) (a) of the Local Government Act 2020 as it contains Council business information.

COUNCIL DECISION Moved: Cr Mercurio Seconded: Cr Gill




3.7 CN2527 - Somerville Active Recreation Hub Construction - Tender Recommendation Report

Prepared By Alex Christie, Project Manager - Project Delivery

Authorised By Director - Planning and Infrastructure


Attachment(s) 1. CN2527 - Tender Assessment Report (confidential)

PURPOSE

The purpose of this report is to recommend the acceptance of the tender submission for the construction of the Somerville Active Recreation Hub project.

BACKGROUND

The Somerville Active Recreation Hub is a new recreation facility, to be constructed adjacent to the Fruit Growers Reserve in Somerville. The Active Hub consists of a skatepark, parkour course, trampolines, multi-use ball court and connecting pathways.

The past Somerville Skate facility was demolished in 2018, to make room for the expansion of the Somerville Recreation Centre during the rebuild of the centre. Following this, Council undertook investigations to find an appropriate location for a new skate facility in Somerville. In November 2019, Council endorsed the Concept Plan and location for the construction of the new Active Recreation Hub, north of Fruit Growers Reserve in Somerville.

The Active Hub includes a larger skate facility than the previous. The Active Recreation Hub also includes a parkour and trampoline area and multi-use ball court. Through the extensive consultation conducted in 2019, these elements were identified through numerous sessions with the community, highlighting the desire for these elements. These facilities will provide recreation opportunities for user groups ranging from mid-primary school to young adults.

The Mornington Peninsula Shire (the Shire) has successfully obtained funding of $742,500 from the Victoria Government (Growing Suburbs Fund Financial Year 2019/2020), to support the construction of the $1.4 million Somerville Active Recreation Hub project.

It is anticipated that construction work will commence in September 2021 and be completed by May 2022. A 12-month defects liability period will follow upon the completion of the works.

TENDER INVITATION

The tender was released to the market on 15 May 2021 via The Age newspaper, the Shire’s website and Tenderlink.

The tender closed at 3:00pm on 9 June 2021.

A total of five submissions were received.

TENDER EVALUATION

All five submissions progressed to evaluation and assessed against the following criteria:


3.7 (Cont.)


Evaluation Criteria

Compliance – Pass / Fail

Compliance with the RFT document

These criteria are not weighted and scored but are assessed on a pass/fail basis.

Independent financial assessment and capability

Willingness to undergo supplier verification

OHS Management

Capability to provide construction methodology and demonstrated capacity to deliver the services within the nominated construction period

Previous relevant experience in delivering similar services or comparable projects

Demonstrated ability to comply with the construction specification

Quality assurance

Environmental Management

Risk management principles

References / past performance

Demonstrated Resources and Methodology

Technical, managerial, physical and financial resources

These criteria are weighted and scored.

Quality of the proposed organisation and management structure performing the contract

Construction Methodology

Relevant expertise and track record

Program

Nominated Program

These criteria are weighted and scored.

Contractors identification of key milestones and critical path

Duration of key tasks

Available date for commencement of work

Local Procurement

Proximity to the Mornington Peninsula Shire These criteria are weighted and scored.

Local subcontractors

Percentage of workforce living on the Mornington Peninsula

Tender Price

Evaluation was guided by an approved Evaluation Plan.


3.7 (Cont.)


EVALUATION PANEL

The Evaluation Panel consisted of:

Name and Title Role in Evaluation Process i.e. price/non-price/independent/ financial/technical etc.

Scoring or Non-Scoring Member

Alex Christie, Project Manager

Evaluation Chair and Panel Member Scoring

Jo-Anne Elvish, Recreation and Open Space Planning Coordinator

Panel Member Scoring

Darren Simnett, Project Manager

Panel Member Scoring

James McNeur, Construction Officer

Technical Advice Non-scoring

Mark Schubert, Finance Manager

Financial Representative and Panel Member

Non-scoring

CONTRACT VALUE

A lump sum contract has been adopted for the contract works. A detailed project specification has been documented.

TERM OF CONTRACT

The term of this contract will comprise a 31-week construction period.

A 12-month defects and liability period will follow upon practical completion of the works.

DELEGATED AUTHORITY ASSESSMENT

Yes/No Instrument of Delegation Conditions

Yes The full amount is within budget

No That the recommended Tenderer is the lowest cost tender

Yes That the recommended Tender is NOT the lowest cost tender and is >$200,000.01 therefore Council determination required.

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


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


3.7 (Cont.)


RECOMMENDATION

That Council:

1. Having considered all tender submissions, hereby accepts the tender submission received from Tenderer E for the lump sum value of $X,XXX,XXX.XX plus $XXX,XXX.XX GST being for CN2527 – Somerville Active Recreation Hub Construction.

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

3. Delegates the execution of the contract for the awarded tender to the Chief Executive Officer.

Part B

That Council resolves that Attachment 1 to this report be retained as a confidential item pursuant to section 3 (1) (g) of the Local Government Act 2020 as it contains private commercial information.

COUNCIL DECISION Moved: Cr Mercurio Seconded: Cr Celi

That Council:

1. Having considered all tender submissions, hereby accepts the tender submission received from LJM Construction (Aust) for the lump sum value of $1,244,005.54 plus $124,400.55 GST being for CN2527 – Somerville Active Recreation Hub Construction.

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

3. Delegates the execution of the contract for the awarded tender to the Chief Executive Officer.

Part B

That Council resolves that Attachment 1 to this report be retained as a confidential item pursuant to section 3 (1) (g) of the Local Government Act 2020 as it contains private commercial information.

Carried Unanimously



3.8 Flinders Coastal Advisory Group - Expression of Interest

Prepared By Hayden Forrest, Coastal Planner

Authorised By Acting Director - Planning and Infrastructure


Attachment(s) 1. Terms of Reference - Coastal Advisory Groups - Adopted 11 June 2019

2. Flinders Coastal Advisory Group Expression of Interest - Compiled Submissions (confidential)

3. Flinders Coastal Advisory Group Appointment Recommendation

PURPOSE

The purpose of this report is to seek Council approval to appoint five new members to the Flinders Coastal Advisory Group, as per the Terms of Reference (TOR) adopted by Council on 11 June 2019 (Attachment 1).

Council Plan 2017-2021 Strategic Theme

The provision of Coastal Planning services aligns with the Council Plan as follows:

Theme: Our Place.

Community Outcome: Protection and enhancement of the unique natural and built characteristics of the Mornington Peninsula.

Strategic Objective: Our stewardship and advocacy protects and enhances the Mornington Peninsula’s biodiversity and coastal experience.

BACKGROUND

On 22 October 2019, Council resolved to re-activate the Coastal Advisory Groups (CAGs), where the Mornington Peninsula Shire (the Shire) is the Committee of Management. An Expression of Interest (EOI) process was run, whereby community members submitted their interest in sitting as a CAG member for three years. This process appointed 10 community led CAGs across the Shire.

Due to a recent resignation, the Flinders CAG membership was reduced to four. Under section 4.3 of the TOR, the minimum number for the group to operate is five members and the maximum number is nine. Therefore, the Shire undertook an EOI process specifically for the Flinders CAG.

DISCUSSION

The EOI campaign was undertaken for the Flinders CAG from 1 June 2021 to 29 June 2021, for a total of four weeks. The EOI submission form was found on the Shire’s ‘Coastal Advisory Groups’ webpage and was promoted through social media channels. Key coastal user and community groups were notified directly. The campaign gained community interest with eight submissions received (Confidential Attachment 2).

The criteria stated that section 5.5 of the TOR was considered for all applications and the recommended appointments can be found in Confidential Attachment 3.


3.8 (Cont.)




CONCLUSION

In line with the TOR and the EOI process, the five applicants recommended for appointment as members to the Flinders Coastal Advisory Group are detailed in Confidential Attachment 3, for a term expiring on 31 October 2022.

RECOMMENDATION

That Council resolves to appoint the five new members from the Expression of Interest submissions as detailed in Confidential Attachment 3 to the Flinders Coastal Advisory Group, with appointment term to expire on 31 October 2022.

Part B

1. That Council resolves that Confidential Attachment 2 to this report be retained as a confidential item pursuant to section 3 (1) (f) of the Local Government Act 2020 as it contains personal information, being information which if released could result in the unreasonable disclosure of information about any person or their personal affairs.

2. That Council resolves that Attachment 3 to this report is not confidential pursuant to section 3 (1) of the Local Government Act 2020.

COUNCIL DECISION Moved: Cr Gill Seconded: Cr Marsh




3.9 Draft Integrated Water Management Plan for Public Exhibition

Prepared By Brenda Lee, Integrated Water Management Officer



Attachment(s) 1. Draft Integrated Water Management Plan 2030

PURPOSE

The purpose of this report is to seek endorsement from Council for the Mornington Peninsula Shire (the Shire) to place the draft Integrated Water Management Plan 2030 (IWM Plan) (Attachment 1) on public exhibition.

BACKGROUND

The IWM Plan is a holistic and collaborative approach to water and land use management. It breaks down the silos in each element of the water cycle (which includes drinking water, wastewater, recycled water, stormwater and groundwater) bringing together the Shire, collaborative partners and communities in overcoming current and future water challenges.

Our draft IWM Plan addresses climate change, urbanisation, population growth, greater demands for food and changing land use. This is in alignment with the Community Vision 2040 survey results where the community called for proactive adaptation to climate change impacts and the preservation of our natural environment.

PROPOSED CONSULTATION PLAN

It is proposed that the draft IWM Plan be placed on public exhibition for a duration of six weeks, starting on 25 August 2021 and closing on 6 October 2021. The public will be invited to submit their feedback on the draft plan via an online platform (Have Your Say).

Communication objectives include raising awareness of the benefits of the IWM Plan for our community and environment as well as the Shire’s commitment to improve water and land use management on the Mornington Peninsula.

After the public exhibition period, the feedback received will be used to revise the IWM Plan as required. The intent is to brief Council again on the finalised IWM Plan on 26 October 2021 followed by a Council Meeting in November 2021 to seek endorsement for the adoption of this Plan.



CONCLUSION

It is proposed that the draft IWM Plan be placed on public exhibition for six weeks during the month of August to October 2021.


3.9 (Cont.)


RECOMMENDATION

That Council resolves to place the draft Integrated Water Management Plan (Attachment 1) on public exhibition for six weeks from 25 August to 6 October 2021.

COUNCIL DECISION Moved: Cr Race Seconded: Cr Celi


Attendance Cr Gill left the meeting at 9.57pm and returned at 9.59pm, prior to the consideration of this item.



3.10 Draft Flood Resilience and Integrated Stormwater Management Strategy

Prepared By Melissa Burrage, Manager - Climate Change, Energy and

Water



Attachment(s) 1. Draft Flood Resilience and Integrated Stormwater Management Strategy

PURPOSE

The purpose of this report is to seek endorsement from Council, for the Mornington Peninsula Shire (the Shire) to place the draft Flood Resilience and Integrated Stormwater Management Strategy (Flood Strategy) (Attachment 1) on public exhibition.

BACKGROUND

The draft Flood Strategy provides a framework for the Shire to develop an implementation program consisting of infrastructure (capital works) and non-infrastructure (planning, education, flood warning) projects. The Flood Strategy aims to improve flood resilience and achieve other water related benefits such as improved water quality, protected environment, efficient public health, reduced maintenance demand, improved property discharge etc.

The draft Flood Strategy will form a vital role to help strengthen our resilience to flood impacts. As well as providing information on how to prevent or reduce the risk of flooding through the help of smart technologies.

The draft Flood Strategy directly links with the draft Integrated Water Management Plan and Action 14 Optimise Use and Management of our Water in the Climate Emergency Plan.

DISCUSSION - PROPOSED CONSULTATION PLAN

It is proposed that the draft Flood Strategy be placed on public exhibition for a duration of six weeks, starting on 25 August 2021 and closing on 6 October 2021, in collaboration with the Integrated Water Management Strategy. The public will be invited to submit their feedback on the Flood Strategy via an online platform (Have Your Say).

Communication objectives include raising awareness of the benefits of the Flood Strategy for our community and environment as well as the Shire’s commitment to improve resilience of our communities by planning for the impacts of a growth in our urbanisation and greater climate variability,to lessen the impact of rising sea levels, storm surges and inland flooding affecting homes, businesses and our greater community.

After the public exhibition period, the feedback received will be used to revise the draft Flood Strategy as required. The intent is to brief Council again on the Flood Strategy on 26 October 2021, followed by a Council Meeting in November 2021, to seek endorsement for the adoption of this Flood Strategy.



https://www.mornpen.vic.gov.au/files/assets/public/new-website-documents/your-property/environment/climate-change/docs/climate-emergency-ensuring-our-future-2020-full.pdf


3.10 (Cont.)


CONCLUSION

It is proposed that the draft Flood Strategy be placed on public exhibition for six weeks during the month of August to October 2021. RECOMMENDATION

That Council resolves to place the draft Flood Resilience and Integrated Stormwater Management Strategy (Attachment 1) on public exhibition for six weeks from 25 August to 6 October 2021.

COUNCIL DECISION Moved: Cr Celi Seconded: Cr McCafferty




3.11 Options for a Council Advocacy Position on the future role and development of the Port of Hastings

Prepared By Claire Dougall, Strategic Planning Manager



Attachment(s) 1. Discussion Paper (August 2021)

PURPOSE

The purpose of this report is to outline options and recommend an approach for Council to pursue regarding formalising an advocacy position on the future role and development of the Port of Hastings (the Port). Recommendations are based on a Discussion Paper prepared by Mornington Peninsula Shire (Shire) officers (Attachment 1).

BACKGROUND

The Shire has held various advocacy positions over the years regarding the future role and development of the Port. In recent history, Council advocated for the Port to be declared the second container port to the Port of Melbourne over Bay West. This position was premised on Hastings being developed as a ‘Green Port’ and strong opposition to any dredging of Port Phillip Bay or widening of the Heads that would otherwise be required to establish Bay West as the second container port.

In July 2018, however, the State Government affirmed Bay West as the preferred location with the Port of Hastings to be held as an option in reserve. Since this time and despite repeated advocacy from Council, the State Government has not clarified its preferred future role for the Port of Hastings in lieu of it becoming a second container port. This lack of certainty has meant that:

A. Council does not have a current alternative overall advocacy position for the future role or development of the Port in lieu of becoming a second Container Port.

B. Large swathes of land around the Port (i.e. land zoned Special Use 1) within the Shire remain reserved for Port-related uses in perpetuity, despite Council having advocated for the release of surplus SUZ1 land for alternative productive uses (such as agriculture or other industrial use) in support of nearby local townships.

On 4 May 2021, the Planning Services Committee resolved to request a briefing from Shire officers on Port-related industrial uses, seeking advice about possible future advocacy options for the Council to pursue. A Discussion Paper (Attachment 1) has been prepared in response to this request.

DISCUSSION

Overall, the Discussion Paper identifies five potential advocacy options for Council:

1. Option 1: Continue to advocate for State Government certainty regarding the future role of the Port (in lieu of becoming Victoria’s second container port), the release of surplus Port land and strongly oppose any dredging of Port Phillip Bay or widening of the Heads to accommodate a second container port at Bay West.

2. Option 2: Advocate for the Port to become Victoria’s second container port (despite Bay West having been declared the preferred location by the Victorian Government).


3.11 (Cont.)


3. Option 3: Advocate for the Port to be developed as a ‘Green Port’ (in lieu of Victoria’s second container port).

4. Option 4: Declare provisional support for future development of the Port for bulk and break-bulk trade.

5. Option 5: Oppose future development of the Port outright.

Based on a review of the implications for each option (detailed in Section 5 of Attachment 1), Shire officers consider that Options 1, 3 or 4 are the most credible positions to pursue for the following reasons:

• Option 1 represents the most flexible yet pragmatic approach that builds upon previous advocacy efforts undertaken by the Shire to secure optimal economic and environmental outcomes for the Mornington Peninsula, with equal emphasis on protecting highly valued and sensitive environmental assets. This option fits within the existing legislative and policy framework and there are several opportunities to advance this position without over-committing Council resources. It also broadly correlates with the current positions of neighbouring Frankston City Council and Bass Coast Shire.

• Option 3 provides opportunities for significant economic benefits whilst protecting Western Port Bay’s environment and aligns with Council’s adopted Climate Change Response Plan, and Biodiversity Conservation Plan. This option, however, requires considerable further investigation with the assistance of multiple external experts at significant cost to Council. Shire officers recommend that this option only be pursued if Council obtains the necessary resources and completes the further investigations required to define the preferred parameters of a ‘Green Port’ for Hastings, including investigating all potential environmental, economic, and social implications.

• Option 4 provides similar benefits to Option 1, however it may conflict with Council’s adopted Climate Emergency Response Plan and Biodiversity Conservation Plan (noting that Port activities associated with bulk and break bulk commodities could involve fossil fuels or other non-renewables and/or increased greenhouse gas emissions). Furthermore, this position is likely to encounter strong opposition from certain parts of the local community that are vocally against any further industrialisation of Western Port Bay or expansion of the fossil fuels sector more broadly, particularly within Crib Point.

Options 2 and 5 are not supported by Shire officers for the following reasons:

• Apart from Option 2 being perhaps the most difficult to gain traction with State Government, Council does not have a sufficient and well-documented evidence base to successfully counter Infrastructure Victoria’s findings that the Port of Hastings is too encumbered by environmental and infrastructure constraints to justify its primacy over Bay West as the preferred second container port.

• Option 5 is considered unreasonable, improbable to sustain and may have unintended consequences. Total opposition to any future development at the Port would require a substantial (but currently lacking) evidence base, significant change to existing legislation and policy and has the potential to stymie possible economic, environmental and social gains for the Mornington Peninsula and broader region.

Given the above findings, it is considered that Option 1 is the best approach in the short- to medium-term with Option 3 being a possibility in the longer term (as resourcing permits).


3.11 (Cont.)


ISSUES

Legal obligations

Council is under no legal obligation, nor is there any urgency to declare a position on the Port’s future role or development potential. However, a resolved advocacy position would provide clarity for stakeholders (including the community) and strengthen any future advocacy endeavours to influence decision-making at all levels of government to help foster optimal outcomes for the Mornington Peninsula.

Regardless of the position Council ultimately resolves to adopt going forward, it is important to note that it will be an advocacy position only. Council does not have control over the development or operations of the Port of Hastings. Determining the Port’s future rests with the State Government.

Limitations of the Discussion Paper

The following limitations of the Discussion Paper are noted:

• The paper is based on a review of existing publicly available documentation only – it does not comprise any original research, community consultation or environmental, economic or social assessment.

• The Port of Hastings Development Authority (PoHDA) has not been consulted specifically in the preparation of the paper. The paper relies on the known future plans of the Port and Port policy, including the current 2018 Port Development Strategy and previous Shire officer-level discussions and correspondence with representatives of the PoHDA.

• The paper does not explore all possible options for Council to pursue (or all nuances within each option), but rather focuses on the most salient advocacy positions having regard to previous positions held by Council, known opportunities and constraints, and the existing legislative and policy framework.

Community involvement

Prior to resolving a position, Shire officers recommend that Council identify a preferred position in-principle and test it with the local community. To this end, it is recommended that, as a minimum, the Discussion Paper in Attachment 1 be placed on public exhibition and that submissions be received and reviewed by Council.

Budget and resourcing implications

Obtaining community feedback on a matter of this nature requires a comprehensive Communications and Community Engagement Plan to be prepared and implemented. Engagement activities may include direct mailouts, media release, preparation of website material, advertisements in local papers, community information sessions or focus group workshops, publication of printed collateral (such as posters), and the like. These works could range in cost from $10,000 to $40,000 plus GST.

The above work has not been costed, nor accounted for in the approved Council Budget for the current financial year. Furthermore, the Shire’s Strategic Planning, Economic Development and Communications teams would require additional staff resources to undertake this work. It is recommended, therefore, that community engagement be postponed until the necessary budget and staffing resources become available next financial year. If Council wishes to undertake community engagement this financial year, budget and staff resourcing will need to be redirected from existing projects (e.g. Balcombe Estuary


3.11 (Cont.)


Reserves Ecological and Planning Study or proposed planning scheme amendment to introduce Environmental Audit Overlays to land that may be potentially contaminated).



CONCLUSION

Potential advocacy options and a recommended approach for Council to pursue regarding the future role and development of the Port have been identified. There is no legal requirement or urgency to resolve a position, nor will the advocacy position have legal standing insofar as the Victorian State Government’s powers are concerned. However, adopting a position would strengthen Council’s ability to influence future decision-making at all levels of government to help achieve optimal outcomes for the Mornington Peninsula. Resolving a final advocacy position should be informed by community feedback, however, the work required to obtain community views is not budgeted or resourced for this financial year.

RECOMMENDATION

That Council:

1. Adopts the recommendations outlined in Discussion Paper: Options for a Council Advocacy Position on the Future Role and Development of the Port of Hastings (Attachment 1) as a preliminary preferred advocacy position.

2. Seeks the community’s views on Council’s preferred preliminary advocacy position before resolving a final position, subject to:

A. Preparation of a comprehensive Communications and Community Engagement Plan (which includes publicly exhibiting and receiving submissions on the Discussion Paper in Attachment 1).

B. Appropriate budget and staffing resources being made available in the next financial year.

COUNCIL DECISION Moved: Cr Dixon Seconded: Cr Bissinger

1. That Council receives and notes the officers report titled ‘Options for a Council Advocacy Position on the future role and development of the Port of Hastings’.

2. That as there is no legal obligation or urgency to declare a position at this time, defer the decision to commit to any of the proposed options to the 2022/2023 financial year.

Vote by Division (requested by Cr Celi)

For: Cr O’Connor, Cr Dixon, Cr Bissinger, Cr Race, Cr Marsh, Cr McCafferty, Cr Mar, Cr Mercurio and Cr Gill.

Against: Cr Celi and Cr Holland.

Carried


3.11 (Cont.)


Extension of Meeting Time

Moved: Cr Gill Seconded: Cr Marsh

That an extension to the meeting time to 11.30pm be granted. Carried



3.12 Submission relating to proposed Utility Installation (Battery Storage) at 17-21 Thornells Road, Tyabb

Prepared By Emine Gurleyen, Principal Planner



Attachment(s) 1. Planning Scheme 2. Planning Permit Application

PURPOSE

The purpose of this report is to seek a position from Council to inform a submission to the proposed Ministerial Planning Permit Application for a Utility Installation (Battery Storage) at 17-21 Thornells Road, Tyabb.

Based on a review of the proposed Battery Energy Storage System against the Special Use Zone, relevant State and Local Planning Policies and internal referral comments, it is recommended to support the proposal in principle, subject to recommended conditions to be imposed on any permit granted.

Proposal Use and development of a Utility Installation (Battery Energy Storage System)

Zoning and Overlays

Special Use Zone – Schedule 1/No overlays

Permit Triggers Special Use Zone – A permit is required to use and develop the land for a Utility Installation and remove native vegetation.

Clause 52.17 – A permit is required to remove native vegetation.

Advertising The applicant advertised the application to all properties within 200 metres of the site.

Consultation The applicant has undertaken extensive consultation to authorities and properties within 200 metres of the subject site.

Key Issues Use of the land, traffic, noise, amenity, drainage, construction management, environmental and landscape impacts.

Recommendation Support the proposal in principle subject to conditions.

BACKGROUND

Proposal

It is proposed to use and develop the Mornington battery energy storage system (BESS) at 17 Thornells Road, Tyabb. An overhead transmission line will traverse into a portion of the adjoining allotment at 21 Thornells Road (the existing Tyabb substation). A patch of native vegetation requires removal for the development.

The Mornington BESS aims to improve electricity grid reliability and network stability by drawing energy from the electricity grid during off-peak periods for battery storage and dispatching energy to the grid during peak periods.


3.12 (Cont.)


Site Context

Existing conditions

17 Thornells Road – Developed with a shed, water storage dams and pump shed, post and wire fencing. Existing vegetation comprises large pine trees along the western boundary, mature trees along the eastern boundary (predominantly eucalypts rooted in the adjoining property at 15 Thornells Road) and pasture. Plantings of immature trees and shrubs are located along the boundaries and internal access roads.

21 Thornells Road – Tyabb substation, developed with small associated buildings, overhead transmission lines, cyclone fencing around the substation. Existing vegetation comprises exotic and native grasses, remnant trees adjoining the substation perimeter fence and cypress pine trees located in the northern portion of the parcel.

Current and previous land use

17 Thornells Road is currently used for the occasional production of hay. The site was historically used for semi-rural/market gardening purposes (apple orchard).

21 Thornells Road is currently used as a substation (known as the Tyabb substation) which supplies electricity to the Mornington Peninsula region via 220/66kilovolt transmission lines.

Surrounding semi-rural land uses suggest the site was historically used for agricultural purposes.

Figure 1: Aerial image of 21 Thornells Road


3.12 (Cont.)


Figure 2: Drone image of 17 Thornells Road

Site surrounds

North Thornells Road. Across the road, two rural residential properties on large allotments. Views are screened by established vegetation. Further north-west is a campervan business and industrial concrete batching plant.

East Single storey rural residential dwelling on a large allotment (15 Thornells Road). Land owned and occupied by the landowner of the project site. Further north-east is a potting mix manufacturing facility and the Tyabb resource recovery centre.

South Commercial food processing facility. Further south is a public park and a motor cross facility (Blue Scope Steel Recreation Centre).

West Tyabb substation land which is partially screened by pine trees. South of the Tyabb substation site is a residential property at 66 Denham Road.


3.12 (Cont.)


Figure 3: Map of surrounding land

PLANNING SCHEME PROVISIONS

Zone

Special Use Zone, Schedule 1 relating to Port Related Uses.

Figure 4: Zone Map


3.12 (Cont.)


Overlays

None.

Planning Permit requirements

A Planning Permit is required to use and develop the land for a utility installation and remove native vegetation.

Pursuant to Clause 72.01-1, the Minister for Planning is the responsible authority for all large (installed capacity of one megawatt or greater) energy generation facilities and utility installations. Accordingly, formal assessment of this application will be undertaken by the Department of Environment, Land, Water and Planning (DELWP) on behalf of the Minister for Planning.

Site selection

The permit applicant advises that the site was selected primarily for the following reasons:

• The site is immediately adjacent to the existing Tyabb substation.

• The substation has capacity to accept up to 240 megawatts of energy from the BESS project.

• Growing population and high seasonal demand resulting in a growing and fluctuating energy demand.

• The site has minimal environmental constraints.

• The site is not subject to any overlays.

• The site has good access to road networks.

DISCUSSION OF KEY ISSUES

Use of land

The project will operate 24 hours a day, seven days a week and has an expected operational life of 30 years. At the end of its operational life all aboveground infrastructure will be removed, and the site will be rehabilitated to be safe, stable and non-polluting.

The applicant states that the project will provide the following benefits:

Economic

• Generation of up to 150 full time equivalent jobs during the nine-month construction phase.

• Generation of up to one full time equivalent jobs during the 30-year operational life.

• Generation of indirect jobs on a local and regional scale from increased economic activity and spending at businesses that may provide goods and services to support construction activities.

Net community benefits

• Enables more renewable energy to be stored until it is needed during peak times.


3.12 (Cont.)


• Increased reliability of electricity network during times of peak energy demand and blackouts.

• Supports Australia’s commitment to the International Paris Agreement, Victorian Government’s Victorian renewable energy target of 50% by 2030 and Mornington Peninsula Shire’s goal to support investigation of alternative and renewable energy technologies that are consistent with achieving carbon neutrality goals.

State and Local Planning Policy

The proposed use is well supported by State and Local planning policy.

It addresses various policies relating to climate change and energy, including:

• Clause 02.02 – Vision which aims to demonstrate leadership in climate change mitigation and adaptation.

• Clause 15.02-1S – Energy and Resource Efficiency which aims to Improve efficiency in energy use through greater use of renewable energy technologies and other energy efficiency upgrades.

• Clause 19.01-1S – Energy Supply which aims to support the development of energy facilities in appropriate locations where they take advantage of existing infrastructure and provide benefits to industry and the community, support transition to a low-carbon economy with renewable energy and greenhouse emission reductions including storage, and facilitate local energy generation to help diversify the local economy and improve sustainability outcomes.

• Clause 19.01-2S – Renewable Energy which aims to facilitate renewable energy development in appropriate locations, protect energy infrastructure against competing and incompatible uses, develop appropriate infrastructure to meet community demand for energy services, and consider the economic and environmental benefits to the broader community of renewable energy generation.

It also addresses various policies relating to economic development, including:

• Clause 02.02 – Vision which aims to facilitate opportunities for job creation and an environment for business to succeed.

• Clause 02.03-6 – Economic Development which aims to facilitate the expansion of existing industries and support new industries that provide services to the Mornington Peninsula community, contribute to the local employment base and are compatible with the Peninsula’s character and environment, and the amenity of the local area.

• Clause 17 – Economic Development, which aims to provide for a strong and innovative economy, where all sectors are critical to economic prosperity.

• Clause 17.01-1S – Diversified Economy, which aims to protect and strengthen existing and planned employment areas and plan for new employment areas, facilitate growth in a range of employment sectors, and improve access to jobs closer to where people live.

Special Use Zone – Schedule 1

The proposed use/development is located within the Special Use Zone – Schedule 1 (Port Related Uses). This Zone broadly seeks to provide a location for port and industrial uses which depend upon or gain significant economic advantages from the natural deep water


3.12 (Cont.)


channels in Westernport. A ‘utility installation’ is a Section 2 – permit required use within the Zone.

Whilst the proposed use/development is not port-related, nor gains significant economic advantages from this location, it remains consistent with the purpose of the Zone. Special Use Zone – Schedule 1 allows for the interim rural use of land to the extent consistent with maintaining land resources for future port and port related development. As the project has a lifespan of approximately 30 years, and it is considered unlikely this site will be required for port related development within this time, it will not undermine the availability of land for future port and port related development. On this basis, the proposed use of land is considered to be consistent with the provisions of the Zone. It is noted that the Port of Hastings Authority have been consulted separately on the proposal.

Safety and security

Chain mesh fencing of 2.2 metres in height will surround the site, with a locked access gate. Motion detected security lights and security cameras will be installed.

Fire infrastructure complying with Guidelines for Renewable Energy Installations (Country Fire Authority [CFA] 2019) will be installed including a water tank, fire access road and fire-fighting equipment.

Hazards

• The applicant’s report states that the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) advises that the strength of radiation decreases exponentially with distance from the source and is indistinguishable from background radiation within 50 metres of a high voltage power line and within five-10 metres of a substation. Accordingly, electromagnetic fields will have a negligible impact on public areas as the proposed setback distances to the road, residence and food processing factory are all in excess of 50 metres.

• Dangerous goods are below notifiable thresholds and do not require a license.

• Fire risk management has been developed in consultation with the CFA and includes access, water supply, fuel/vegetation management, ventilation, maintenance of batteries and fire response procedures.

Buildings and works

Project infrastructure includes:

Infrastructure Details Image

Batteries Lithium-ion batteries.

Battery rack dimensions are approximately one metre wide, 1.2 metres long and 2.3 metres high.

Storage will be within shipping or modular containers.

Battery banks to be placed in rows and separated by a gravel surface.

Battery storage containers


3.12 (Cont.)


Battery banks will have a storage capacity of two-four megawatt-hours.

Electrical cabling will be underground.

Inverters and transformers

Each battery container will have an inverter and medium voltage transformer adjacent. These will be stored in modular containers.

Battery storage enclosures, inverters and transformers will be mounted on concrete hardstand surfaces with footing depths of 400 millimetres beneath ground level.

Inverter

Transformer

Switchroom 33 kilovolt switchroom.

Controls the delivery of electricity to and from the adjacent Tyabb substation.

Mounted on concrete hardstand.

Substation Transforms medium voltage to high voltage and vice versa.

Capacity of 33 kilovolt/220 kilovolt

The footprint is 50 metres width, 50 metres length and 10 metres height.


Operations and Maintenance Building

Used for undertaking plant and equipment maintenance, storage and staff amenities.



3.12 (Cont.)


Control Room

The entire facility is remotely via a supervisory control and data acquisition system housed in the control room.

The control room will be eight metres in width, 12 metres in length and three metres in height.

Transmission Line

Used to deliver electricity to and from the onsite substation to the adjacent Tyabb substation via a new overhead 220 kilovolt (or 66 kilovolt) transmission line supported by up to seven lattice towers.

The transmission line will be 100 metres in length and up to 40 metres high.

The exact location will be determined in consultation with AusNet. There are two connection point options as shown on the site layout plan.

Temporary Construction Laydown Area

Secured gravelled compound located on the northern portion of the site.

It will be used for temporary storage of plant, equipment, waste material, construction site office and amenities, and laydown area for equipment delivery and material handling.

Acoustic Barriers

Proposed four metres high precast concrete panels with a smooth finish and grey appearance. They will be located internal to the site.


3.12 (Cont.)


Car Parking Area

Located in the northern portion of the site.

The carparking area will be gravelled and have capacity for three light vehicles.

Clause 52.06 of the Scheme relates to Car Parking and there is no set parking rate for a Utility Installation.

The abovementioned infrastructure can be seen on the site layout as follows:

Figure 5: Site Layout

The applicant has provided a Landscape Character and Visual Impact Assessment prepared by a Registered Landscape Architect. The assessment drew the following conclusions:

• The landscape is characterised by flat, cleared agricultural land, residential dwellings on large allotments, commercial enterprises, highways and roads (both sealed and unsealed). Accordingly, the existing landscape has a low to moderate scenic quality and a low to moderate sensitivity to change.

• The site is not affected by any overlays that seek to protect or enhance the landscape.

• Tyabb Substation is a prominent visual feature in the landscape, including transmission towers, poles and overhead powerlines. The site is immediately adjacent to Tyabb substation and the visual impact will be in keeping with the visual impact of the existing substation.

• Buildings and works will be finished in muted colours and materials to assist in blending with the landscape.


3.12 (Cont.)


• Existing vegetation will screen views to the development from most vantage points.

• All development is well set back from site boundaries.

Photomontages of the proposed buildings and works within the landscape are shown below:


3.12 (Cont.)


Sensitive receptors are shown on the below map. The notes state that the BESS will not be visible from areas within the visibility shadow due to topography and/or other physical barriers including vegetation and built form.


3.12 (Cont.)


Figure 6: Sensitive Receptor Map

State and Local Planning Policy

The proposal is consistent with policies relating to the protection of significant landscapes, which include:

• Clause 11.03-5S – Distinctive Areas and Landscapes which aims to recognise the importance of distinctive areas and landscapes to the people of Victoria and protect and enhance the valued attributes of identified or declared distinctive areas and landscapes. This clause references the Mornington Peninsula Localised Planning Statement (Victorian Government, 2014).

• Clause 12.05 – Significant Environments and Landscapes which aims to ensure important natural features are protected and enhanced.

The surrounding area is not a highly significant landscape, however, the proposal suitably mitigates visual intrusion to the extent that is reasonable through appropriate siting and design. Part of the submission to be prepared will include a recommendation for landscaping within the area of the land adjacent to the proposed acoustic wall, to better integrate the structure with the surrounding landscape. This is the only feature of the proposed development which gives rise to concerns with respect to landscape/visual impact.

Vegetation removal

Vegetation to be removed includes native trees, shrubs, herbs and grasses. The images below show the proposed vegetation removal and accounts for both possible scenarios for the positioning of lattice towers and overhead powerlines. Once the exact position has been established, less vegetation will be impacted than shown.


3.12 (Cont.)


Figure 7: Vegetation removal

On 17 Thornells Road, the wetlands support the highest biodiversity values and these will be retained. Some of the remnant patches of trees on 21 Thornells Road will be impacted by the installation of the new transmission line however the large trees will be avoided.

Removal of some scattered native plants and a Coast Tea-tree on the road reserve will be required to widen the site access for traffic manoeuvrability and sight lines.

The proposal has responded to the environmental values of the site by identifying significant vegetation and habitat areas, and avoiding impacts to it wherever possible. Where native vegetation removal is required, it will be appropriately offset. Protection of retained vegetation will form recommended conditions to be included in any permit.

In addition, a Flora and Fauna Impact Assessment has been undertaken and no threatened fauna species were recorded on the subject site during the site surveys. A recommendation will be submitted for additional landscaping around the acoustic wall, and this will contribute to the ecological values of the site over time.

Overall, it is considered that the vegetation impacts are consistent with the relevant provisions of the Planning Scheme, including State/Local Policy and Clause 52.17 – Native vegetation.

NOTIFICATION AND CONSULTATION

The formal notification under the Planning and Environment Act 1987 has been undertaken by DELWP as the responsible authority. This includes letters sent to surrounding properties, as shown in the below image:


3.12 (Cont.)


It is not known at this stage whether or not any objections have been received.

In addition to the formal notification through the planning application process, the applicant has undertaken the following additional, informal engagement:

September 2020 – Consultation with DELWP, CFA, Mornington Peninsula Council, Port of Hastings Development Authority and Ausnet.

November 2020 – Mailout to neighbours and subsequent doorknocking.


3.12 (Cont.)


November 2020 – Launch of the Mornington BESS website.

December 2020 – On site meeting with some Shire councillors.

December 2020 – Lodgement of Planning Permit Application.

During the current public exhibition phase, notices were posted to all neighbours within 200 metres. Key agencies were separately emailed.

The proposal has been advertised in the Western Port News and Public Notices section of BuySearchSell.

REFERRALS

Engineering

There are no objections to the proposal and no significant issues have been identified. A full set of recommended conditions is in the process of being drafted, but is not yet available. Council’s Development Engineering team have confirmed that these recommended conditions will relate to the management of drainage and construction and will not raise objection to any aspect of the proposal.

Traffic

No objection has been received, however, a full response is currently being prepared which will be incorporated into the submission provided to DELWP. An initial, informal response has confirmed that the site is located close to Dandenong-Hastings Road which is an arterial road capable of handling high volumes of traffic. The long-term use of the land as proposed will have minimal traffic impact due to remote operation.

Environmental Health

Comment received in relation to amenity impacts, particularly noise and vibration, and wastewater:

The noise and vibration impact assessment is comprehensive. Whilst SEPP N1/N2 and NIRV have been superseded, noise limit and assessment methodology largely remain unchanged. Therefore, acoustic assessment criteria and the methodology is appropriate. The report has provided sufficient information in accordance with the Environment Protection Authority’s (EPA’s) guidance for acoustic reports.

The recommended noise conditions are as follows:

1. Undertake ‘Management of Impact’ recommendations in accordance with EMM Mornington Battery Energy Storage System, Noise and Vibration Impact Assessment, Report No. S200257, June 2021.

2. Noise levels emanating from the land must not exceed those set out in EPA publication 1826.4, Noise limit and assessment protocol for the control of noise from commercial, industrial and trade premises and entertainment venues (Noise Protocol).

3. Construction noise levels emanating from the land must not exceed those set out in EPA publication 1254, Noise Control Guidelines (or equivalent).

Wastewater from the Operations and Maintenance Building will need to be contained on-site for the long term. There is sufficient land available for wastewater disposal.


3.12 (Cont.)


The exact specifications of the system will be determined when an application to install a septic tank system is lodged by the applicant, which is prior to a Building Permit being issued.

The recommended wastewater condition is as follows:

1. Contain all wastewater on-site in accordance with the Council’s Wastewater Management Plan and EPA Publication 891.4, Code of Practice – Onsite wastewater management.

The abovementioned recommended conditions will be included in the submission prepared for DELWP.



CONCLUSION

The proposed Battery Energy Storage System is consistent with State and Local Planning Policy, the objectives of the Zone and Clause 52.17 – Native Vegetation and will provide a net community benefit. It is therefore worthy of support subject to conditions.

RECOMMENDATION

That Council resolves to support the proposal of a Utility Installation (Battery Storage) at 17-21 Thornells Road, Tyabb in principle, subject to recommended conditions relating to the following:

A. Landscaping – the provision of indigenous landscaping to the north and south sides of the proposed acoustic wall.

B. Vegetation protection.

C. Drainage, construction management and traffic management.

D. Protection of amenity – noise and vibration impacts.

E. On-site management of wastewater.

This position will be set out in a submission to the Department of Environment, Land, Water and Planning, drafted by officers.

COUNCIL DECISION Moved: Cr Celi Seconded: Cr McCafferty

That the recommendation be adopted. Carried

Attendance

Cr Holland left the meeting at 11.03pm and returned at 11.04pm prior to consideration of this item.



3.13 Single-use Plastic Grant - Applications for endorsement

Prepared By Amy Yang, Team Leader - Waste Services



Attachment(s) 1. Single-use Plastics Grant - Application Summary (confidential)

2. Single-use Plastics - Grant Guidelines

In order to effectively discuss, debate and deliberate on this item, it requires a discussion of Attachment 1 which is confidential on the basis of section 3 (1) (f) of the Local Government Act 2020. Accordingly, the whole of the matter be considered in confidential for that same reason, noting that the report and the resolution would be made public.

PURPOSE

The purpose of this report is to:

• provide Council with an overview of the recommended successful applications of the Single-use Plastic Grant (the Grant)

• seek Council’s support for proposed amendments to the Grant guidelines and delivery model.

BACKGROUND

The Single-use Plastic Policy (the Policy) was adopted on 25 August 2020. The Policy supports our waste target within the Beyond Zero Waste Strategy 2030 and Climate Emergency Plan and provides Mornington Peninsula Shire (Shire) staff, contractors and communities using Shire facilities with the framework to phase out commonly found single-use plastic items.

The Grant provides community groups, schools, and non-profit organisations on the Mornington Peninsula, with funds to implement their single-use plastic action plans. Each plan is unique and addresses the needs of their community. Individual grants of up to $5,000, with a total funding pool of $50,000 is available.

DISCUSSION

The Grant was open between 19 April and 25 June 2021.

The Grant was promoted to the community through social media, direct emails to sporting clubs, and media release.

Two information sessions were held on 5 May and 11 May 2021.

Uptake of the Grant has been low. This may be attributed to the time period that the Grant was released, just shortly after Easter and around the end of financial year. Furthermore, schools were in and out of lockdown, and sporting clubs were focused on getting their sports running in the changing the COVID safe environment, which may have reduced the capacity of teachers and volunteers to apply for the Grant.

The Shire received six applications (Attachment 1). Four applications have been recommended, totalling $15,664.


3.13 (Cont.)


The Grant Round 2

There is $34,336 in remaining funds. It is recommended that that remaining funds are made available through a second round and the following changes are made to the current Grant guidelines (Attachment 2):

• Grant is open year-round until all funds have been exhausted.

• Council endorsement of future applications will not be required. Instead, Shire officers will report back to Council once all Grant funds has been allocated.

• Round 2 of the Grant to reopen in September/October 2021, subject to the number of other Shire grants open at the time.

• Grant guidelines are amended to include a mandatory requirement for applicants to demonstrate the long-term sustainability of their activities.

• Grant guidelines are amended to enable capital purchases such as dishwashers, subject to existing Shire programs, such as the Community Capital Infrastructure Projects.

ISSUES

The changing COVID environment has placed increased strain on volunteer community groups, sporting clubs and organisations. This has led to a low number of applications. To both promote the Grant and empower our community to tackle single-use plastics, Shire officers will:

• Seek opportunities to cross promote the Grant with other local, State and National campaigns, such as National Recycling Week.

• Work with current Grant applications and community members to champion single-use plastic free activities and the Grant.

• Work with community groups to build their knowledge and support their creation and implementation of long-term single-use plastic action plans.



CONCLUSION

The Grant continues Council’s commitment to phasing out plastics on the Mornington Peninsula. The Shire is fortunate to have many passionate residents, community groups and organisations that are committed to tackling plastics. This Grant will assist community groups to create meaningful change in their communities and in turn amplifying our efforts across the Mornington Peninsula,

RECOMMENDATION

1. That Council resolves the successful Single Use Plastics Grants applications and funding amounts be awarded, as provided in Attachment 1 to this report.

2. That all applicants be advised of Council’s decision in writing.


3.13 (Cont.)


3. That Council endorses that the remaining funds be made available through a second round of the Grant.

4. That Council endorses the amendment to the Grant guidelines, as detailed below:

A. Grant is open year-round until all funds have been exhausted.

B. Council endorsement of future applications will not be required. Instead, Shire officers will report back to Council once all Grant funds has been allocated.

C. Round 2 of the Grant to reopen in September/October 2021, subject to number of other Shire grants open at the time.

D. Grant guidelines are amended to include a mandatory requirement for applicants to demonstrate the long-term sustainability of their activities.

E. Grant guidelines are amended to enable capital purchases such as dishwashers, subject to existing Shire programs, such as the Community Capital Infrastructure Projects.

Part B

That Council resolves that Attachment 1 to this report is to be retained as a confidential item pursuant to section 3 (1) of the Local Government Act 2020.

Attendance

After disclosing a conflict of interest with Item 3.13 Single-use Plastic Grant – Applications for endorsement, Cr Celi left the meeting at 11.15pm and did not return.

PROCEDURAL MOTION Moved: Cr Marsh Seconded: Cr Bissinger

That the meeting be adjourned at 11.29pm, with the remaining items be scheduled to the next Council Meeting.

Carried

In accordance with the Governance Rules (Item 6 – Conclusion of Meetings), the meeting was concluded at 11.30pm before a decision could be made on Item 3.13 Single-use Plastic Grant – Applications for endorsement, and before the hearing of:

• Section 4 Councillor and Delegates Reports.

• Section 5 Notices of Motion.

• Section 6 Urgent Items.

• Section 7 Confidential Items.

It was agreed by Council that these items would be carried over to the next Council Meeting.



COUNCIL DECISION Moved: Cr Marsh Seconded: Cr Race

That the meeting be reopened to the public. Carried



4 COUNCILLORS AND DELEGATES REPORTS

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

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

Association/Committee Representative/s Substitute Representative/s

Shire Contact

Arts and Culture Advisory Panel

Cr Gill Cr Race Cr Mercurio

Steve Harris, Acting Manager – Community Activation

Association of Bayside Municipalities

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

Audit and Risk Committee Cr Holland Cr Marsh

Vacant Mark Brady, Director – Corporate Strategy and Business Improvement

Australia Day Committee Cr Holland Cr Mercurio Howard Nicklas, Events Marketing Officer

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

Bass Park Trust Cr Marsh N/A Amanda Sapolu, Manager – Legal and Governance

Community Consultative Committee on Gaming

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

Communities That Care (CTC)

Cr Celi Cr McCafferty Rebekah Popplewell, Communities That Care Coordinator

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

First Shot Committee Vacant Cr Mercurio Amanda Sapolu, Manager – Legal and Governance

Health and Wellbeing Committee

Cr Celi Cr Mar Cr McCafferty

Andrew Joseph, Team Leader – Community Wellbeing

Innovation Advisory Committee

Cr Mar Cr Marsh Cr Race

N/A


4 (Cont.)



Shire Contact

Inter Council Aboriginal Consultative Committee

Cr McCafferty Cr Race Amanda Sapolu, Manager – Legal and Governance

Interface Councils Cr O’Connor Cr Dixon Randal Mathieson, Manager – Advocacy, Communications and Engagement

Keep Victoria Beautiful Tidy Towns – Sustainable Communities Awards

Cr Dixon Cr Mercurio

Cr Race Melissa Burrage, Manager – Climate Change and Sustainability

Literacy Advisory Committee Cr O’Connor Cr McCafferty Amanda Sapolu, Manager – Legal and Governance

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

Metropolitan Waste and Resource Recovery Forum

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

Mornington Liquor Industry Accord

Cr Holland Cr Mercurio Anita Buczkowsky, Team Leader – Economic Development

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

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

Mornington Peninsula Cemetery Trust

Cr Celi Cr Dixon Cr O’Connor

N/A Nathan Kearsley, Manager – Property and Commercial Services

Mornington Peninsula Friends of Lospalos

Vacant Cr Mercurio Chris Munro, Manager – Community Partnerships

Mornington Peninsula Regional Tourism Board – Tourism Industry Leaders Forum

Cr Dixon Cr Mar

N/A Anne-Marie Haluszka, Team Leader – Tourism Services

Municipal Association of Victoria (MAV)

Cr O’Connor Cr Race Amanda Sapolu, Manager – Legal and Governance

MAV Emergency Management Committee

Cr Marsh Cr Mar Brett Fletcher, Emergency Management Coordinator

MAV Planning Committee Cr Mar N/A Amanda Sapolu, Manager – Legal and Governance

Peninsula Advisory Committee for Elders (PACE)

Cr Dixon Cr Celi Jo Bradshaw, Manager – Community Services


4 (Cont.)



Shire Contact

Point Nepean National Park Management Advisory Committee

Vacant N/A Allan Cowley, Strategic Planning Projects Manager

South East Councils Climate Change Alliance

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

South East Melbourne (SEM) Cr O’Connor N/A John Baker, Chief Executive Officer

Triple A Housing Committee Cr Celi Cr Mar Cr McCafferty

Roz Franklin, Senior Social Planner, Housing Justice and Advocacy

Victorian Local Governance Association (VLGA)

Cr Race Cr Holland Amanda Sapolu, Manager – Legal and Governance



5 NOTICES OF MOTION

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

5.1 Notice of Motion 302 (Cr Holland)

Cr Steve Holland has given notice of his intention to move the following motion at the meeting.

1. Mornington Peninsula Shire Council (Council) requests that the detailed designs for the redeveloped Mount Martha Eco Park Active Hub return to Council for approval prior to tendering.

2. Council also requests that public submissions on the designs be received prior to approval in order to inform Council's decision-making.

Officer Comment Prepared by Mark Stahel, Team Leader Sport and Recreation

Authorised by Mike McIntosh, Director – Planning and Infrastructure

OFFICER COMMENT

Community engagement on the Eco Park Active Hub project has been extensive over the past 10 years. The most recent community engagement on the ‘final concept’ design was held from November 2019 until August 2020 and included:

• a drop in session held at Mount Martha Community House

• school workshops

• 188 ‘Have your say’ submissions (32% against/68% supportive)

• face to face consultation sessions with the community and school students

• an additional six focus groups with unsupportive submitters held in small groups attended by Mornington Peninsula Shire (Shire) officers and all three previous Briars Ward Councillors.

The feedback from this engagement was considered in finalising the location of the Active Recreation Hub at the Eco Park in Mount Martha and the concept plan for the site. At the 25 August 2020 Council meeting, Council resolved the following:

1. That Council endorses the location of the Active Recreation Hub at Eco Park in Mount Martha and the final concept plan for the site.

2. That Shire officers commence the detailed design process for the Eco Park Active Recreation Hub and following this seek tenders in accordance with Council’s Procurement process for its construction.

The detailed design for the project is now nearing completion. On completion of detailed design, a ‘fly through’ type video of the park will be shared with the community through the Shire’s website to enable them to better visualise what the park will look like.


5.1 (Cont.)


Shire officers note that the detailed design is a direct reflection (with some very minor functional amendments) of the final concept design that has already had extensive consultation as above.

Legal Implications

Detailed design includes confidential elements and, disclosure of this information to the public will potentially breach the intellectual property rights of the contractor and the Shire’s obligations under the contract.

Financial and Resourcing Implications

Any additional community engagement process and subsequent design changes could significantly delay the project. In addition, any design changes will incur added design and potentially additional construction costs.

Potential Alternative Wording

That Council’s website be updated with project details of the Eco Park Active Hub project, including the site fly through video upon completion of the detailed design.



5.2 Notice of Motion 303 (Cr Gill)

Cr David Gill has given notice of his intention to move the following motion at the meeting.

1. That Council starts to promote discussion and listen to input from our community on views regarding roadside gardens (nature strips) in residential areas.

2. That the intention is to learn more about the issues and concerns and take guidance on community attitudes to improving our streetscapes and ensuring environmentally friendly outcomes for people living and working on the Mornington Peninsula.

3. That a new policy then be developed that will include the normal consultation and feedback process.

Officer Comment Prepared by Simon Thorning, Team Leader Natural Systems

Authorised by Mike McIntosh, Director – Planning and Infrastructure

OFFICER COMMENT

This Notice of Motion (NOM) is in line with officers’ intended methodology for developing a new Private Works on Nature Strips and Road Reserves Policy, and considering other green infrastructure and its role in future-proofing the Mornington Peninsula Shire’s towns and villages in response to climate change.

If the NOM is adopted, it is recommended that officers develop background information and a number of different ways for community members to respond or get involved, including a questionnaire. This would foster broad and strong participation and opportunity for great ideas in a manageable format for reviewing and input into policy development.

Background information could include general information about the value of urban greening, the challenges, opportunities for different ways of thinking about the urban environment including nature strips, and reference relevant existing Council policies.

Legal Implications

Nil.


Nil.


Nil.



5.3 Notice of Motion 304 (Cr Marsh)

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

That a report be brought back to Council at the meeting on 7 September 2021 identifying the amount(s) allocated to catering in the financial year 2021/2022 Budget (including Councillor meetings and briefings), year-to-date spend and updated forecast over the same period.

Background

This motion seeks to identify potential and appropriate reductions to the financial year 2021/2022 catering budget. An adjustment resulting from COVID-19 and a shift away from the more traditional format of meals provided at meetings and events would unlock previously allocated funds that could be re-purposed to fund important community projects.

Officer Comment Prepared by Bulent Oz, Chief Financial Officer

Authorised by Bulent Oz, Chief Financial Officer

OFFICER COMMENT

Council has allocated $209,950 for the catering budget in the current financial year Budget. This figure includes $80,000 for Council Meetings and Events.

As of 17 August 2021, only $4,001 has been spent year to date. As part of the mid-year review, all Budget items, including the catering budget, are reviewed and presented to Council for consideration to allocate any surplus (if any) for funding other projects or initiatives.

Legal Implications

Nil.


Nil.


Nil.



5.4 Notice of Motion 305 (Cr Gill)

Cr David Gill has given notice of his intention to move the following motion at the meeting.

That Mornington Peninsula Shire Council write to the Premier to thank the Victorian State Government for the ‘Pick my Project’ community funding program, detailing the successful projects on the Mornington Peninsula and asking for the program to be reinstated prior to the next state election.

Officer Comment Prepared by Chris Munro, Manager – Community Partnerships

Authorised by Jo Bradshaw, Acting Director – Community Strengthening

OFFICER COMMENT

Pick My Project Grant Program was an initiative delivered by the Victorian Government in 2018. The program was undertaken by a participatory budgeting process where citizens participate in the decisions (by voting for projects) on how government money is to be allocated.

In total 237 projects were successful across the State from a total funding pool of $30 million. The Mornington Peninsula Shire was considered as part of a Southern Metro Region, with 31 successful projects and $3.6 million allocated.

The Mornington Peninsula Shire supports a reinstatement of this program to help support our community recovery.

Legal Implications

Nil.


Nil.


Nil.



6 URGENT BUSINESS

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

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

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

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



7 CONFIDENTIAL ITEMS

Advice to the Public

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

MEETING CLOSED TO THE PUBLIC

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

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

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

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

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

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

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

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

(i) Relates to trade secrets.

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

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

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

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

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

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



RECOMMENDATION

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

7.1 Update on Tyabb Airfield This matter is considered to be confidential under section 3 (1) (e) of the Local Government Act 2020. COUNCIL DECISION Moved: Cr Marsh Seconded: Cr Mar 1. That the recommendation be adopted.

2. That Item 3.13 Single-use Plastic Grant – Applications for endorsement be considered as a confidential item to allow discussions regarding Attachment 1, which is deemed confidential under section 3 (1) (f) of the Local Government Act 2020.

Carried



8 MEETING CLOSE

As there was no further business, the meeting closed at 11.30pm.

Confirmed this 7th day of September, 2021

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

Minutes of Council Meeting - 24 August 2021

Documents

Transcript of Minutes of Council Meeting - 24 August 2021