Meeting Minutes Ordinary Council - City of Stonnington · Ordinary Council Meeting 3 February 2020...

Ordinary Council Meeting MinutesHeld on Monday 3 February 2020 at 7 pm

Malvern Council Chamber, Malvern Town HallCorner Glenferrie Road & High Street Malvern

Ordinary Council Meeting 3 February 2020 - Minutes

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Ordinary Council MeetingMinutes

Monday 3 February 2020Order of Business

1 Reading of the Reconciliation Statement and Affirmation Statement.........................5

2 Introductions.....................................................................................................................5

3 Apologies ..........................................................................................................................5

4 Adoption and confirmation of minutes of previous meeting(s) in accordance with

Section 93 of the Act and Clause 49 of General Local Law 2018 (No. 1).....................5

4.1 Minutes of the Ordinary Council Meeting held on 16 December 2019 .......................6

5 Disclosure by Councillors of any conflicts of interest in accordance with Section

79 of the Act ......................................................................................................................6

6 Questions to Council from Members of the Public .......................................................6

7 Correspondence (only if related to Council business) ...............................................10

8 Questions to Council Officers from Councillors .........................................................10

9 Tabling of Petitions and Joint Letters ..........................................................................11

10 Notices of Motion............................................................................................................12

11 Reports by Special and Other Committees - Assembly of Councillors ....................12

12 Reports by Delegates .....................................................................................................12

13 General Business ...........................................................................................................13

13.1 Planning Application 0949/19 - Chadstone Shopping Centre, 1341 Dandenong Road

Malvern East .............................................................................................................13

13.2 Council Committees, Delegates/Representatives ....................................................14

13.3 Community Grants Program 2020-2021...................................................................14

13.4 Bushfire Disaster Response .....................................................................................14

14 Other General Business.................................................................................................15


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15 Urgent Business .............................................................................................................15

16 Confidential Business....................................................................................................15

16.1 Update on parking infringement review by Ombudsman..........................................15


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Councillors Present:Cr Steven Stefanopoulos, MayorCr John Chandler, Deputy MayorCr Glen AtwellCr Sally DavisCr Marcia GriffinCr Judy HindleCr Jami KlisarisCr Melina Sehr

Council Officers Present:

Jacqui WeatherillJim CardenStuart DraffinCath HarrodRick KwasekAlexandra KastaniotisTracey LimpensDavid TaylorEmma Kruse


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The meeting began at 7:00pm

1 Reading of the Reconciliation Statement and Affirmation Statement

The Mayor, Cr Stefanopoulos read the following reconciliation statement: We acknowledge that we are meeting on the traditional land of the Boonwurrung and Wurundjeri people and offer our respects to the elders past and present. We recognise and respect the cultural heritage of this land.

The Mayor, Cr Stefanopoulos read the following Affirmation Statement: We are reminded that as Councillors we are bound by our Oath of Office to undertake the duties of Councillor in the best interests of the people of the City of Stonnington and to faithfully and impartially carry out the functions, powers, authorities and discretions vested in us under the Local Government Act and any other relevant Act.

2 Introductions

The Mayor, Cr Stefanopoulos introduced the Councillors and the Chief Executive Officer, Jacqui Weatherill. Ms Weatherill then introduced the Council Officers.

3 Apologies

PROCEDURAL MOTION:MOVED: Cr John Chandler SECONDED: Cr Melina Sehr

That the apology received from Cr Steve Stefanopoulos for non-attendance at the Council Meeting of Cr Koce be accepted and leave of absence granted.

Carried

4 Adoption and confirmation of minutes of previous meeting(s) in accordance with Section 93 of the Act and Clause 49 of General Local Law 2018 (No. 1)


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4.1 Minutes of the Ordinary Council Meeting held on 16 December 2019

4.1 Minutes of the Ordinary Council Meeting held on 16 December 2019

MOTION:MOVED: Cr Glen Atwell SECONDED: Cr Melina Sehr

That the Council confirms the Minutes of the Ordinary Council Meeting of the Stonnington City Council held on 16 December 2019 and Minutes of the Confidential Meeting of the Stonnington City Council held on 16 December 2019.

Carried

5 Disclosure by Councillors of any conflicts of interest in accordance with Section 79 of the Act

No conflicts of interest were declared.

6 Questions to Council from Members of the Public

For tonight's Ordinary Meeting of Council no questions to Council have been received for response.

During Council’s previous Council Meeting held on 16 December 2019 four (4) set/s of Questions to Council were submitted.

The questions related to the following topics:

Councils recent Mayoral Charity Fundraiser

Mayor's social media page and Council's social media page

Prahran Square

Stonnington Ratepayers Association

At the time, I used my discretion available to me under Council’s General Local Law to take the questions on notice. As required under the Local Law, written answers were subsequently provided to the submitter.

A copy of the responses are now tabled for inclusion in the minutes of this meeting as follows:


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Questions & Responses - Denise Wallish

Question 1

Is it true that the recent Mayoral Fundraiser raised approx. $66K and that costs associated with staging the event were around $50K – leaving the amount actually fund raised $16K?

The income generated by the event is as follows:

Auctions & Raffle $45,032 Ticket sales $40,364 Bar sales $ 6,585 Donation from another organisation $ 3,000 Total raised $94,981 Less VPC expenses $28,600 Total profit raised $66,381

Question 2

If so, why was the amount “donated” the gross amount rather than the nett amount?

Council provided a budget of $75,000 in its 2019/20 budget for the event. The event cost Council $45,181 to stage including staff time. The amount paid to VPC of $66,381 does not include Council’s costs to stage the event.

Question 3

Did Councillors vote that the Mayors fundraiser would be subsidised from the Council budget

Council provided $75,000 in its 2019/20 budget for the event. The event cost Council $45,181 including staff time to stage. The 2019/20 budget was adopted by Council on 3 June 2019.

Question 4

What is the process regarding “in-kind” and monetary support with respect to Mayoral fundraising?

Council allocates funding in its annual budget to stage the Mayoral fund raising event. Gross monies raised are paid to the benefiting organisation.

Questions & Responses - Dean Hurlston

Question 1

Can council please provide a detailed breakdown of how the $180,000 was spent to "activate and launch" Prahran Square - it appears that most of the money was funnelled into media advertising - please confirm?


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Council allocated $180,000 in the 2019/20 budget for activation of Prahran Square. This includes the launch event held on 1 December 2019 as well as ongoing activation and programming such as:

Paper Trees: Up until 25 December, the Paper Trees moved around the Square on a daily basis and were a family friendly activity where people could make their own paper tree using recycled material.

Just Another Square: Throughout summer, artists from Just Another Agency will be in the Square creating striking street art murals. They are also maintaining a gallery of art in the Square.

Sunday in the Square: An impressive line-up of DJs playing every Sunday afternoon.

Prahran Square Live: Relaxing live music sessions from a line-up of new and emerging talent every Thursday evening.

Saturday Busking Series: A talented line-up of artists busking at Market Corner every Saturday morning.

Active Stonnington: Daily health and wellbeing sessions

Question 2

Could Council please provide evidence of how many vehicles used the car park for the whole of Sunday 1/12/2019 (please include an hour by hour report)

Refer to attached PDF

Questions & Responses - Michael Andrews

Question 1

Why has the Stonnington Ratepayers Association, who should be representing the views of all the Stonnington ratepayers, making sexist, racists and homophobic comments on their Facebook page and that of the Council Facebook page about Stonnington Councillors and Staff?

Stonnington City Council has no affiliation with ‘Stonnington Ratepayers Association’, ‘Residents Against the Stadium’ or ‘Resident Voices’. We do not endorse the views of the above groups, and we are very disappointed to read that you have seen sexist, racist and homophobic comments on their social media accounts. You may wish to direct your questions to the persons involved in each of those organisations.

Question 2

Does the Stonnington Ratepayers Association, have a social media policy and if so, do they contravene their own policy by vilifying residents who don't agree with the position of the very few who seem to be the front of an antagonistic association?


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I am not aware if the Association has a social media policy. We encourage all community groups, to have their own social media policy to ensure that residents are not vilified or feel antagonised by anyone.

Question 3

Who are the people behind the Stonnington Ratepayers Association and what is their charter, and do they have any affiliation with the Residents Against the Stadium and the Residents Voices — Stonnington?

According to their website www.stonningtonrp.com the Association was incorporated on 14 April 2019. The President is Dean Hurlston; Vice-President is Bill Grey; Secretary is Joseph Gianfriddo; Legal is Maria Spitaliorakis; Membership is Karen Chant; and Audit is Eric Platt. Mr Hurlston is also the President of Ratepayers Victoria.

Question 4

Why is the Stonnington Ratepayers Association blocking residents from making comment on their Facebook page, especially when the opinion of the resident is not the same as the faceless people who are behind the Association?

I am not aware that the Association is blocking residents of Stonnington from making any comments on their Facebook page. I suggest you contact the Association directly about their reasons for blocking resident comments.

Questions & Responses - Maria Spitaliorakis

Question 1

Why does the mayor censor comments on his public mayoral page and denies the right to free speech?

There is no “public mayoral page” as such. The screenshot you have supplied is of my own private Facebook page, which is not affiliated with the City of Stonnington. To be clear, I have no involvement in the posts or comments on the official City of Stonnington Facebook page.

Question 2

What was so offensive about my comment that Mr Stefanopoulos was not elected for a third term not by ratepayers but by 4 councillors that made him delete it?

As this is my own Facebook page, I am entitled to manage it as I see fit. I see it as a forum for positive celebration of achievements and events.

Question 3

Why does the Mayor want his public page to be restricted to public commentary that accords ONLY with HIS perception of himself?

See above.


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Question 4

Does Stonnington Council support freedom of speech, and if so how does this situation support freedom of speech?

Yes, Council is committed to free speech. In relation to the City of Stonnington’s own social media, I am advised that our officers do not censor comments.

It is entirely appropriate that the organisation monitors comments on the official Facebook page to ensure they are not crossing the line in terms of defamatory, abusive or otherwise inappropriate content.

I am advised our communications team will occasionally exercise its judgement as to the relevance, factual accuracy or distractive nature of a comment, and will “hide” these comments (as opposed to “delete” them) after a period of time.

7 Correspondence (only if related to Council business)

Cr Marcia Griffin tabled the following correspondence:

Email from Chapel Street Precinct Association regarding parking at Prahran Square Email from the Prahran Junior Football Club regarding Toorak Park update Email from a resident regarding dumped vehicles Email from a resident regarding Devorgilla Avenue, Toorak traffic report Email from local business regarding Claremomt Street, South Yarra Email from resident regarding a request to install additional street lighting at owners

expense Email from resident suggesting an incentive for early rates payments Email regarding the Metro Tunnel Upgrade Email from a resident requesting an Neighbourhood Character Overlay in Lansell

Road, Toorak Email from a resident regarding a dumped caravan in Grange Road, Toorak Email from a resident regarding the closure of Talbot Crescent, Kooyong Email from a resident regarding noise at The Osborne Hotel Email from a resident regarding a car parking longer than the signed time

Cr Sally Davis tabled the following correspondence:

Email from a resident regarding car parking at Chadstone Shopping Centre Email from a resident regarding the report to donate Council Funds to bush fire relief

Cr John Chandler tabled the following correspondence:

A letter from Kelland Environmental Technology Ltd regarding recycling nappies

Cr Glen Atwell tabled the following correspondence:

Letter from a resident requesting additional parking permits

8 Questions to Council Officers from Councillors


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Cr Marcia Griffin asked for an update regarding Victoria Avenue closure proposal

The Director Environment & Infrastructure, Rick Kwasek responded to say the Section 223 submission hearing for submissions relating to Victoria Terrace Permanent Closure will be heard by Council next Monday, 10 February 2020. A subsequent report will be presented to council for consideration.

Cr Judy Hindle asked a question regarding alternate recommendations appearing on the screen during the meeting.

Chief Executive Officer Jacqui Weatherilll took the question on notice.

The Mayor, Cr Steve Stefanopoulos added that during future meetings the recommendations will be displayed on the screen.

Cr Judy Hindle asked a question regarding the cost of recent community consultation for Dogs in Public Places

The Director Planning and Place, Stuart Draffin advised the question would be taken on notice.

Cr Sally Davis asked a question regarding Airbnb properties in Stonnington. Cr Davis stated a number of Victorian Councils have adopted by-laws regarding short stay accommodation in their municipality.

The Director Planning and Place, Stuart Draffin responded that Council considered a report on short stay accommodation in June 2019. Up until this weekend there had been no issues with short stay accommodation. This weekend a noise complaint has been lodged.

9 Tabling of Petitions and Joint Letters

Cr Melina Sehr tabled a petition with 21 signatures regarding parking in Vail Street, Prahran East

PROCEDURAL MOTION:MOVED: Cr Sally Davis SECONDED: Cr Melina Sehr

Carried

Cr Sally Davis tabled a petition with 34 signatures regarding the lack of community consultation and implementation of a permit zone on Chadstone Road

PROCEDURAL MOTION:


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MOVED: Cr Sally Davis SECONDED: Cr Melina Sehr

Carried

10 Notices of Motion

Nil.

11 Reports by Special and Other Committees - Assembly of Councillors

The Chief Executive Officer tabled the Assembly of Councillor Records for the following meeting:

Councillor Briefing Session - 28 January 2020

12 Reports by Delegates

Nil


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13 General Business

13.1 Planning Application 0949/19 - Chadstone Shopping Centre, 1341 Dandenong Road Malvern East

MOTION:MOVED: Cr Glen Atwell SECONDED: Cr Sally Davis

That Council AUTHORISE Officers to issue a Planning Permit No: 949/19 for the land located at Chadstone Shopping Centre, 1341 Dandenong Road, Malvern East under the Stonnington Planning Scheme for Use of the land for the purposes of a place of assembly (children's play centre) and buildings and works in a Commercial 1 Zone, reduction in the statutory car parking requirement and reduction in bicycle facilities subject to the following conditions: 1. The plans endorsed to accompany the permit must not be amended without the

written consent of the Responsible Authority. 2. A maximum number of 200 patrons may be housed on the premises at any one

time to the satisfaction of the Responsible Authority. 3. The use hereby permitted must operate only between the hours of 9am and 7pm

each day, unless otherwise agreed to by the Responsible Authority. 4. The use must at all times comply with the permissible noise levels as

determined by the State Environment Protection Authority, to the satisfaction of the Responsible Authority.�

5. This permit will expire if one of the following circumstances applies:

a) The development is not started within two years of the date of this permit. b) The development is not completed within four years of the date of this

permit. c) The use is not commenced within five years of the date of this permit.d) The use is discontinued for a period of two years or more.

In accordance with Section 69 of the Planning and Environment Act 1987, a request may be submitted to the Responsible Authority within the prescribed timeframes for an extension of the periods referred to in this condition.

NOTES: A. This permit does not constitute any authority to carry out any building works or

occupy the building or part of the building unless all relevant building permits are obtained.


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B. At the permit issue date, Section 69 of the Planning and Environment Act 1987 stated that the Responsible Authority may extend the periods referred to if a request is made in writing within the following timeframes:

i. Before or within 6 months after the permit expiry date, where the

development allowed by the permit has not yet started; and ii. Within 12 months after the permit expiry date, where the development

allowed by the permit has lawfully started before the permit expires.

Carried

13.2 Council Committees, Delegates/Representatives

MOTION:MOVED: Cr Marcia Griffin SECONDED: Cr John Chandler

That Council defer the report on Council Committees, Delegates/Representatives for one cycle

Carried

13.3 Community Grants Program 2020-2021

MOTION:MOVED: Cr Melina Sehr SECONDED: Cr John Chandler

That Council defer the Community Grants Program 2020-2021 report for one cycle

Carried

13.4 Bushfire Disaster Response

MOTION:MOVED: Cr Sally Davis SECONDED: Cr Jami Klisaris

That Council:


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1. APPROVE a financial donation of $50,000 to Towong Shire’s bushfire recovery efforts and delegate the CEO to finalise the donation in consultation with the CEO of Towong Shire.

2. APPROVE continued in-kind support of bush fire relief activities. 3. APPROVE opportunities for fundraising activities for bushfire relief through

CEO delegation.

Carried unanimously

14 Other General Business

Cr Davis asked the CEO if council could look at how Stonnington can make a commitment to address the issue of climate change. Cr Davis said that 85 councils throughout Australia have already declared a climate emergency and after meeting with a local group ‘Breakfree Stonnington”, she believes there are many concerned residents who want council to act. The CEO responded by saying officers were currently preparing a report on this issue.

15 Urgent Business

Nil


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16 Confidential Business

16.1 Update on parking infringement review by Ombudsman

MOTION:MOVED: Cr Glen Atwell SECONDED: Cr John Chandler

That the meeting be closed to the public to consider the following matter that is confidential in accordance with Section 89 (2) of the Local Government Act 1989 for the reason specified:

Confidential Matter Reason for confidentiality1. Update on parking infringement review by Ombudsman

89 (2)(f) legal advice matter which the Council or special committee considers would prejudice the Council or any person

Carried

MOTION:MOVED: Cr Glen Atwell SECONDED: Cr John Chandler

That the meeting be open to the public Carried

There being no further business the meeting closed at 08:06 pm.

Confirmed on Monday 17 February 2020.

.....................................................................CR STEVEN STEFANOPOULOS, MAYOR


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ASSEMBLY OF COUNCILLORS RECORD

This Form MUST be completed by the attending Council Officer and returned IMMEDIATELY to Judy Hogan – Civic Support Officer

ASSEMBLY DETAILS:

Date: Councillor Briefing Session 28 January 2020

Time: 7pm

Assembly Location: 311 Glenferrie Road Malvern

IN ATTENDANCE:

Councillors:

Cr Steven Stefanopoulos, MayorCr John Chandler, Deputy MayorCr Glen AtwellCr Marcia GriffinCr Sally DavisCr Judy HindleCr Matthew KoceCr Melina SehrCr Jami Klisaris

Council Officers:Jacqui WeatherillTracey LimpensStuart DraffinCath HarrodRick KwasekAlexandra KastaniotisDavid TaylorJudy HoganHannah McBride BurgessLiz DaleyPeter Angwin

Matter/s Discussed:

1 Councillor & Executive Team Discussion 42 General Business 42.1 Councillor Docs on Tap software training 4

Tabled at Council Meeting

3 February 2020


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2.2 Confidential: Update on parking infringement review by Ombudsman 42.3 Confidential: Municipal-Wide Project 42.4 Planning Application 0949/19 - Chadstone Shopping Centre, 1341

Dandenong Road Malvern East 42.5 Community Grants Program 2020-2021 42.6 Proposed Leasing/Licencing Policy for Council Property 42.7 Bushfire Disaster Response 52.8 Council Committees, Delegates/Representatives 5

CONFLICT OF INTEREST DISCLOSURES: including time left and returned to meeting

Councillors:

Nil

Council Officers:

Nil

Form completed by: Judy Hogan


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Meeting Minutes Ordinary Council - City of Stonnington · Ordinary Council Meeting 3 February 2020...

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