Minutes of Council Meeting - 15 November 2021

MINUTES

COUNCIL MEETING

MONDAY, 15 NOVEMBER 2021

6.30PM

ONLINE ZOOM MEETING

Council Meeting Minutes 15 November 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 ...................................................................................... 4

1.1 Acknowledgement of Country ................................................................... 4

2 PROCEDURAL MATTERS ........................................................................................ 5

2.1 Apologies .................................................................................................... 5

2.2 Disclosure of Conflicts of Interest Pursuant to Sections 126 – 131 of the Local Government Act 2020 ........................................................... 5

3 MANAGEMENT REPORTS ....................................................................................... 6

3.1 2021/2022 Country Football Netball Program .......................................... 6

3.2 Balnarring Beach Eucalypt - Options to address road safety issue ... 10

3.3 Public Memorials Policy .......................................................................... 14

3.4 Proposed Discontinuance and Sale of a Section of North Road Somerville ................................................................................................. 16

3.5 Draft Wastewater Management Policy for public consultation ............ 20

4 CONFIDENTIAL ITEMS ........................................................................................... 21

4.1 Contract Variation Approval - CN2511 - Roads to Recovery Reconstruction of Bentons Road, Moorooduc ...................................... 22

4.2 Housing Partnership Project ................................................................... 22

4.3 Chief Executive Officer Annual Performance and Remuneration Review ....................................................................................................... 22

5 MEETING CLOSE .................................................................................................... 23



1 OPENING AND WELCOME

Meeting opened at 6.37pm

Appointed Chairperson – Mayor, Despi O’Connor

1.1 Acknowledgement of Country

(Read by Cr Race)

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.



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 (left before Item 4.3)

2.1 Apologies

Nil.

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

Nil.



3 MANAGEMENT REPORTS

3.1 2021/2022 Country Football Netball Program

Prepared By Daniel Garrood, Sport and Recreation Project Officer

Authorised By Director - Planning and Infrastructure

Document ID A10727704

Attachment(s) Nil

PURPOSE

The purpose of this report is to seek Council’s endorsement of an application to Sport and Recreation Victoria’s recently opened Country Football Netball Program, Round 2.

BACKGROUND

Sport and Recreation Victoria (SRV) has recently released Round 2 of the Country Football and Netball Program (the Program). The Program has been in place since 2005 and is in partnership with Australian Football League (AFL), AFL Victoria and Netball Victoria.

The desired outcomes of the Program are:

• Develop new or maintain existing participation opportunities in football and/or netball, where there is a risk to participation decline.

• Improve diversity and inclusion by increasing participation by disadvantaged and underrepresented groups identified in Active Victoria.

This funding Program presents an opportunity to attract significant funding for a project aligned with this grant Program and as well as providing vital source of income required to support the delivery of the Mornington Peninsula Shire’s (the Shire’s) Capital Works Program.

Applications to the Program require a Council resolution that provides support for the application as well as a confirmed funding contribution.

DISCUSSION

Key details of the funding Program are as follows:

• Applications are due 1 December 2021.

• Councils can submit up to three applications.

• Total funding sought cannot exceed $200,000.

• No application can exceed the maximum grant amount of $200,000.

• Applications must meet the funding ratio of $1.5 SRV to $1 Council.

• Construction must commence within six months of a signed funding agreement.

• Packaging of similar projects across multiple sites are permissible.


3.1 (Cont.)


Examples of eligible projects include:

• Developing new or redeveloping change rooms and pavilions to increase capacity, inclusion and safety.

• Developing new or redeveloping sports ovals and courts to increase capacity and safety.

• Sports lighting that improves facility capacity and participant safety. Requests for replacement of lighting with LED lights are not eligible unless part of a new lighting installation.

Proposed Submission

Having taken into consideration the details of funding Program and the assessment criteria, officers propose that the following project is most likely to attract funding under the Country Football Netball Program as well as aligning with Council’s existing strategies and plans:

Project Total Cost (Excluding GST)

SRV Finding Council and Other Funding

Dromana Netball Court Construction

$700,000* $200,000 $500,000

*Total costs are still being finalised.

Further details of this project are as follows:


Council completed the Marna Reserve Netball Courts upgrade in early 2021. This included the reconstruction of the outdoor asphalt netball courts at Marna Recreation Reserve in Dromana, which is the training base of the Dromana Netball Club and Dromana Junior Netball Club. As per requirements of AFL South East (AFLSE) and the Country Football and Netball competition structure, football and netball are required to be co-located at the same reserve for competition. As a result the next and final stage of this work is the construction of a competition standard netball court at Dromana Recreation Reserve adjacent from Marna Reserve.

This project scope involves the following:

• construction of a new outdoor acrylic competition netball court at Dromana Recreation Reserve

• construction of LED court lighting to competition standard

• construction of associated pathways and infrastructure

• re-aligning of roadway at Dromana Recreation Reserve.

Timelines

Key dates relating to this funding Program are as follows:


3.1 (Cont.)


Timeline Date

Applications Open October 2021

Applications Close 1 December 2021

Outcomes Advised March 2022

Construction Commencement September 2022 onwards

ISSUES

For projects to be eligible for funding, Council must adhere to the funding ratio of $1.5 SRV to $1 Council.

Noting this, and the short timeframe available for grant applications to be prepared, Shire officers propose that that the following maximum amount be committed by Council, should the funding application be successful.

Project 2022/23 Council Budget

SRV Funding Total Cost (Excluding GST)


$500,000 $200,000 $700,000

OFFICER DIRECT OR INDIRECT INTEREST

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

CONCLUSION

Shire officers have considered a range of projects that would potentially be eligible for funding under SRV’s Country Football Netball Program and are proposing that one application be submitted to for consideration based on alignment with the funding guidelines and likelihood of successfully achieving funding. If successful, Council will be required to commit to funding this project in the 2022/2023 Budget.

RECOMMENDATION

1. That Council endorses the following application to Sport and Recreation Victoria’s Country Football Netball Program:

• Dromana Netball Court Construction.

2. That should the application be successful, Council commits the following maximum amounts toward the project as part of the 2022/2023 Budget:

• $500,000.

Attendance Cr Holland left the meeting at 6.44pm and returned at 6.53pm prior to consideration of this item.


3.1 (Cont.)


COUNCIL DECISION Moved: Cr Celi Seconded: Cr Mar

That the recommendation be adopted.

Carried Unanimously



3.2 Balnarring Beach Eucalypt - Options to address road safety issue

Prepared By Tom Haines-Sutherland, Manager Infrastructure Services;

Samantha Dalla Santa, Contract Coordinator

Authorised By Director - Planning and Infrastructure


Attachment(s) 1. Preliminary Design of Road Realignment

PURPOSE

The Mornington Peninsula Shire’s (the Shire’s) Parks and Roadsides team has identified a mature street tree within the clearance envelope required under the Road Management Act 2004 (the Act). This report is to review if there is another viable option to retain the tree, in response to Notice of Motion 311 (NOM 311).

BACKGROUND

The Shire’s Parks and Roadsides team has received requests over the past few years regarding a mature street tree manna gum (Eucalyptus viminalis) located adjacent to 177 Balnarring Beach Road, Balnarring Beach. This tree overhangs the road carriage way and concerns have been raised by bus operators over collisions with the tree, and road safety concerns resulting from the need to drive on the opposite side of the road to avoid the tree.

An arboreal inspection confirmed that the mature street tree has a natural formation that extends over the road carriageway. Overhead power lines have also contributed to its current form. The subsequent form impacts large vehicles including buses. As the Responsible Road Authority, the Shire is obligated under the Act to promote a safe and efficient local road network. This includes maintaining a clear envelope 3.75 metres high between the edges of the road pavement.

Tree pruning was considered, however, this would make the tree unviable under the Australian Standards 4373 Pruning of Amenity Trees and would involve removal of the canopy with retention of a trunk to an approximate height of 3.5 metres. The inspection found that due to its formation, the tree would require removal to allow safe passage of vehicles and compliance with our obligations under the Act.

Prior to the scheduled tree removal, the Shire wrote to interested local community members and neighbouring properties. Concerns have been raised regarding the important location of the tree as drivers enter Balnarring Beach, and the role of this tree as habitat for local wildlife, potentially including koalas. This matter has coincided with community concern of ongoing removal of mature trees on private property in Balnarring Beach.

As a result of these concerns, the removal of the tree has been suspended and NOM 311 was heard at the Planning Services Committee Meeting on 5 October 2021 and was adopted as follows:

1. That in order to save the iconic eucalyptus tree adjacent to 177 Balnarring Beach Road, the road be assessed for widening to ensure that there is sufficient space to allow traffic to safely pass the tree.

2. That consideration also be given to slowing traffic and having a short one way section of the road in the vicinity of the tree.

3. That a report be brought back to the Council Meeting on 16 November 2021.


3.2 (Cont.)


DISCUSSION

The Shire’s Traffic and Transport team has completed an investigation into potential traffic management treatments in this section of Balnarring Beach Road to preserve the mature street tree, including the specific suggestion in NOM 311 for a short one-way section.

Traffic count data (from April and July 2018) showed an average daily volume of over 1,000 vehicles per day with greater numbers expected during the summer season.

Traffic calming treatments that might assist in the preservation of this tree were explored but were ultimately considered unsuitable for use in this location.

A short one-way section is unsuitable, largely due to the proximity of the bend on the southern approach (20 metres). One-way treatments typically require clear lines of sight to avoid causing confrontations between opposing drivers who arrive to the one-way section at the same time and can find it unclear who has right of way. The restricted sight distance around the bend reduces the reaction time for drivers on the southern approach with limited braking distance, shortened by vehicles potentially waiting in a queue. There are also potential conflicts from the bus parking, general store parking and the unsealed car park accessed from the corner.

This section of road has a speed limit of 40 kilometres per hour (km/h), which is the lowest appropriate speed limit for this road under the VicRoads Speed Zone guidelines. Despite this, the road safety risk of a one-way section would be elevated, as one-way treatments for navigating narrow roads are uncommon and would be unexpected by drivers on the Mornington Peninsula, particularly on roads that carry over 1,000 vehicles per day, including many tourists in summer. Restricting heavy vehicle access through this location was also considered, however there are no other practical detour options.

While it is difficult to put a financial value on a tree, the value for habitat comes from its health, size, form and context in relation to other vegetation. Individual eucalypts provide an array of food sources such as foliage and sap for animals, while shelter, refuge and breeding sites for many species are associated with the physical structure of eucalypts. This tree is in an urban setting, however the vegetation either side of Merricks Creek in Coolart Homestead and Wetlands Reserve (Coolart) and in the foreshore reserve, as well as in residential private properties and across farmland provides good connected habitat for arboreal mammal species and birds. This tree is considered to have healthy foliage with some deadwood and is moving into an age where it may develop good hollows, with a remaining life expectancy of approximately 15 years. While this tree currently has healthy foliage, nearby vegetation in the area is experiencing ongoing dieback in eucalypts and banksias which may also impact this tree.

The Shire has recently undertaken revegetation planting in local reserves. The Shire is also assisting the Mornington Peninsula Koala Conservation Group with its eucalypt planting program from Cerberus to Coolart, including the farmland approaching Balnarring Beach by providing around 3,500 mixed eucalypts of mixed species. The community-led project aims to provide around 18,000 eucalypts to assist with koala conservation.

ISSUES

As the maintenance of the clearance envelope is a legal obligation of the Shire under the Act, the Shire may be liable if a crash is caused by this tree while it remains within the clearance envelope. This presents a significant financial and reputational risk to the Shire, requiring action to address.

The Shire’s Infrastructure Projects team has undertaken a preliminary design and cost estimate to realign Balnarring Beach Road approximately 1.7 metres to the south-east to retain the mature street tree (Attachment 1). The cost of these works and required


3.2 (Cont.)


geotechnical investigation and cultural heritage assessments (or management plan) is estimated at $110,000. Vegetation removal on the south-eastern side of the road including mature banksias would be required as part of these works. This project would require further detailed design work and approvals, so would likely be scheduled for financial year 2022/2023.

Following investigations, and in response to NOM 311, there are two options suitable for Council’s consideration to address the road safety risk and its legal obligations:

1. Realignment of the road carriage way at an expected cost of approximately $110,000.

2. Removal of the mature street tree.

If this tree is removed, there are opportunities for the Shire to pursue additional initiatives to offset the loss of the tree, including:

• further investigation of appropriate sites for planting of new street trees in the local area

• additional arboreal works to improve the health of other mature trees in the local area

• provision of free indigenous trees for urban Balnarring Beach residents for their gardens, and promotion of the Gardens for Wildlife program

• offering to donate the foliage to a local wildlife shelter

• investigation into an appropriate local location for placement of the trunk for habitat purposes.

These initiatives also require funding but are expected to be able to be completed within existing operational funding. The internal resourcing required would need to be scheduled as part of the relevant teams’ work plans.



CONCLUSION

The Shire’s Infrastructure Services team recommends removal of this mature street tree, given the estimated life span, the cost to realign the road to avoid its removal, and the additional initiatives to improve net habitat growth in the local area.

RECOMMENDATION

1. That Council agrees to remove the mature eucalyptus street tree adjacent to 177 Balnarring Beach Road, Balnarring Beach to address the road safety risk and legal obligations as outlined under the Road Management Act 2004.

2. Additional initiatives to offset the loss of the tree are pursued, including:

A. Further investigation of appropriate sites for planting of new street trees in the immediate vicinity of the subject site.

B. Provision of free indigenous trees for urban Balnarring Beach residents for their gardens, and promotion of the Gardens for Wildlife program.

C. Offering to donate the foliage to a local wildlife shelter.


3.2 (Cont.)


D. Investigation into an appropriate local location for placement of the trunk for habitat purposes.

COUNCIL DECISION Moved: Cr Celi Seconded: Cr Dixon

That the recommendation be adopted. Vote by Division (requested by Cr Gill) For: Cr Mercurio, Cr O’Connor, Cr Dixon, Cr Marsh, Cr Celi and Cr Race. Against: Cr Bissinger, Cr Mar, Cr Holland, Cr Gill and Cr McCafferty.

Carried



3.3 Public Memorials Policy

Prepared By Pam Vercoe, Team Leader - Governance Services

Authorised By Manager - Legal and Governance


Attachment(s) 1. Public Memorials and Plaques Policy 2017 2. Draft Public Memorials Policy

PURPOSE

The purpose of this report is to seek endorsement from Council for the draft Public Memorials Policy (draft Policy) (Attachment 2) prior to commencing a period of community consultation seeking community feedback.

BACKGROUND

The Public Memorials and Plaques Policy (Attachment 1) was adopted by Council on 12 December 2017, to provide a framework for the installation of all plaques and memorials whether in or on buildings, on the pavement, in parks, gardens, streets or public places.

There is no requirement under the Local Government Act 2020 for a public memorial policy and this was the first memorial policy adopted by the Council.

DISCUSSION

The current Policy has been reviewed following consultation with relevant Mornington Peninsula Shire (Shire) officers, benchmarking with other councils and taking into consideration the public memorial applications that have been considered since 2017.

Two Councillor Consultative Group meetings were held on 19 August 2021 and 16 September 2021, which gave Councillors the opportunity to provide feedback and discuss the draft Policy.

Based on this consultation and feedback, a number of amendments have been made to the current Policy including:

• bench seats with a memorial plaque will not be permitted

• bench seats with a small motif or symbol such as a native flower, butterfly or rainbow will be considered

• the criterion for commemoration has been strengthened to include the need for the individual or association to have left a significant tangible legacy to the community that has resonance with the broader public

• memorials will only be considered two years post death – there is currently no restriction or time limit

• heritage recognition markers have been removed as they will be covered under the Heritage Strategy which is being developed

• public memorial applications will be determined by the Governance Team in consultation with Ward Councillors. Applications will no longer be presented to the Council for approval.


3.3 (Cont.)


Once the draft Policy has been approved by Council, a public consultation period of 30 days will commence to allow the community to provide feedback on the draft policy. All feedback will be considered and the draft Policy amended as required prior to presenting back to Council early 2022 for adoption.



CONCLUSION

The Policy has been drafted taking into consideration feedback provided by Councillors and relevant Shire officers. The draft Policy is presented for Council approval following which it will be placed on public exhibition to allow the community to provide feedback prior to Council endorsement.

RECOMMENDATION

1. That Council approves the draft Public Memorials Policy as shown in Attachment 2.

2. That the draft Public Memorials Policy (Policy) is placed on the Shire Website for a period of 30 days to seek community feedback.

3. That following the period of community consultation, any feedback will be discussed with Councillors and the draft Policy amended as required prior to presenting the final Policy for endorsement.

Attendance

Cr Holland left the meeting at 8.02pm and returned at 8.07pm prior to consideration of this item.

COUNCIL DECISION Moved: Cr Mar Seconded: Cr Bissinger


Carried Unanimously



3.4 Proposed Discontinuance and Sale of a Section of North Road Somerville

Prepared By Jonathan Chivers, Senior Property Officer; Greg Collins, Team

Leader – Property Operations

Authorised By Director - Corporate Strategy and Business Improvement


Attachment(s) 1. Plans and Photos 2. Section 223 Submission 1 3. Section 223 Submission 2 4. Applicant Position and Site History 5. Applicant Response to Section 223 Meeting

PURPOSE

The purpose of this report is to obtain approval to undertake and complete the statutory process of discontinuance and sale of a section of former road to the east (side) of the property at 6 Lumeah Road, Somerville and to sell it to the owner of that property, following the completed public notification process and Section 223 Submission Committee Meeting (Section 223 Meeting) to hear submissions.

BACKGROUND

1. North Road, which is unused and has not been constructed, was created in the 1961 subdivision LP53675 and is 20.12 metres wide (100 links) on the plan.

2. Council has received a request from the owner of 6 Lumeah Road, Somerville to purchase the land, forming a five metre wide section of North Road, that runs to the east (side) of the property and as shown edged blue on the aerial photo overleaf and survey plan.

3. The section of road is currently fenced into 6 Lumeah Road, being approximately five metres wide, by 96 metres long and measuring 1,046 square metres (m2). We understand that this section has been fenced in for many years and has a number of structures associated with the operation of the caravan park on 6 Lumeah Road. It appears that this use of this land has been carried out for at least 15 years.

The land is zoned ‘Special Use Zone – Schedule 1’ (selected port and industrial uses) and is subject to the Bushfire Management Overlay.

The owner of 6 Lumeah Road, which currently measures approximately 23,480m2 has requested to purchase the section of road in order to regularise the occupation of the land. Aerial photography indicates that this occupation of the land predates the earliest electronic pictures dating from 2003.

DISCUSSION

North Road runs between 4 and 6 Lumeah Road and links to 61 Whitneys Road at its northern end. It has not been used for vehicular or pedestrian access for many years (if at all). The section that it is proposed to discontinue and sell is currently fenced within 6 Lumeah Road.

The proposal has been referred to the Strategic Planning, Drainage, Natural Systems, Parks and Roadside and Traffic teams within the Mornington Peninsula Shire (Shire). No objections were received and Traffic has confirmed that the remaining 15 metres width of road is sufficient for any future purposes, including associated with the potential development of the Yaringa Harbour precinct.


3.4 (Cont.)


Preliminary enquiries indicate that there are no underground assets in the road.

Section 223 process and submissions

A public notice was published in the Western Port News and on the Shire’s website on 15 December 2020. Two submissions were received from owners of adjoining properties (Attachments 2 and 3). One of the submitters requested to be heard and as a result a Section 223 Meeting was convened on 22 July 2021, a recording of which is available on the Shire’s website. Due to COVID restrictions this meeting was held online via Zoom. Both submissions as well as the applicant’s responses are attached (Attachments 2, 3 and 5).

Submitter 1 and Section 223 presenter

Submitter 1 requested to be heard in addition to the written submission received. A number of separate issues were raised relating to the proposal and the use of property at 6 Lumeah Road including in summary:

• loss of access along North Road

• potential future further discontinuances and sale of sections of North Road

• potential for more intensive use of 6 Lumeah Road as a caravan park

• issues with the septic system on 6 Lumeah Road impacting the submitter’s property.

Officer response

North Road immediately abuts the submitter’s property at its northern end and provides a secondary access which has been used amongst others by the Country Fire Authority for training purposes.

• The current proposal does not change the current access arrangements along North Road. As noted above, the existing fence line appears to have been in place since at least 2003.

• It is not proposed to discontinue and sell any additional sections of the road (refer below).

• The current use of the caravan park at 6 Lumeah Road is subject to existing use rights. Any additional cabins would be subject to obtaining a Planning Permit.

• The problem of the septic system on 6 Lumeah Road has been referred to the Shire’s Environmental Health team for investigation. (Note: the development of Yaringa Harbour is conditional on bringing mains sewerage to the area).

Submitter 2

Submitter 2 did not request to be heard, but as an owner of the neighbouring property at 2/4 Lumeah Road was seeking the opportunity to acquire a section of North Road in association with the property.

Officer response

This submission does not directly relate to the current proposal. Notwithstanding this, North Road and 6 Lumeah Road are zoned Special Use Zone 1 (Port Related Uses). 2/4 Lumeah has its own specific zoning as Special Use Zone 9 for the development of the Yaringa Harbour precinct. It is not desirable to have a single property with two separate zonings and further discontinuance and sale from the width of North Road would limit future access along


3.4 (Cont.)


it. On this basis Shire officers do not support any further discontinuance of North Road beyond the current proposal.

Applicant submissions

In addition to a response to the verbal submission at the Section 223 Meeting the applicant has provided some information on:

• the history of the property at 6 Lumeah Road

• the composition of the caravan park

• implications of Council’s possible decisions.

Officer response

Whilst it has not been possible to verify the historical information provided, much of it is in line with available details.

ISSUES

Whilst a submission has been received objecting to the discontinuance and sale of a section of North Road, the proposal does not substantially change what is the current situation that has been in place for a number of years. If Council does not proceed with a sale, removal of cabins and other infrastructure associated with the operation of the caravan park that have been in place for many years, would create a significant financial burden.

Leasing of the section of ‘road’ is only an option if the section of road is discontinued to remove its ‘road’ status as only VicRoads has the ability to issue a lease over road reserve. In addition a lease would not provide a satisfactory long term outcome.

A valuation has been undertaken which assessed the sale price of the land at $22,000 inclusive of GST. The applicant has also been advised that:

• costs incurred by Council in carrying out the statutory process will be payable

• the applicant will be responsible for the preparation of the necessary Title and Title consolidation plans should a discontinuance and sale proceed.

The sale of discontinued roads and laneways is not currently subject to the land disposal process as per the Property Strategy.



CONCLUSION

The land forming the section of road is not required by Council and it is considered appropriate for sale in accordance with the statutory processes to the adjoining owner at the agreed sale price subject to the payment of $22,000 (including GST) plus costs and consolidation of the land with the title for the adjoining property.


3.4 (Cont.)


RECOMMENDATION

1. That Council undertakes the statutory process to discontinue and sell the section of North Road adjacent to 6 Lumeah Road, Somerville and as shown marked on the attached plan (Attachment 1).

2. That Council sells the subject land to the owner of the adjoining property at 6 Lumeah Road subject to:

A. Payment of $22,000 (inclusive of GST).

B. Preparation of plans by the purchaser necessary to complete the sale.

C. Payment of Council’s costs incurred in carrying out the statutory process.

D. Consolidation of the subject land with the Title of the adjoining property, 6 Lumeah Road, Somerville.

3. That the Common Seal of the Mornington Peninsula Shire Council be affixed where necessary and relevant documents be signed by an authorised officer.

COUNCIL DECISION Moved: Cr Mercurio Seconded: Cr Bissinger

That the recommendation be adopted. Vote by Division (Requested by Cr Gill) For: Cr O’Connor, Cr Mercurio, Cr Holland, Cr Bissinger, Cr Marsh, Cr Mar,

Cr Dixon, Cr Race, Cr McCafferty and Cr Celi. Against: Cr Gill.

Carried ADJOURNMENT OF MEETING

Moved: Cr McCafferty Seconded: Cr Marsh

That the meeting be adjourned at 8.36pm for a short recess.

Carried RESUMPTION OF MEETING

Moved: Cr Celi Seconded: Cr McCafferty

That the meeting be resumed at 8.57pm. Carried



3.5 Draft Wastewater Management Policy for public consultation

Prepared By Peter O'Brien, Team Leader - Environmental Health

Authorised By Director - Community Strengthening


Attachment(s) Nil

Report withdrawn prior to the meeting

To be considered at a later date



4 CONFIDENTIAL ITEMS

Advice to the Public

All reports, information and recommendations contained in ‘Section 4 – 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 reports listed below in a meeting closed to the public in accordance with section 66 (2) (a) of the Local Government Act 2020:

4.1 Contract Variation Approval - CN2511 - Roads to Recovery Reconstruction of Bentons Road, Moorooduc

This matter is considered to be confidential under section 3 (1) (a) of the Local Government Act 2020 as it contains Council business information.

4.2 Housing Partnership Project

This matter is considered to be confidential under section 3 (1) (a) of the Local Government Act 2020 as it contains Council business information.

4.3 Chief Executive Officer Annual Performance and Remuneration Review

This matter is considered to be confidential under section 3 (1) (f) of the Local Government Act 2020 as it contains personal information.

COUNCIL DECISION

Moved: Cr Dixon

Seconded: Cr Marsh


Carried



5 MEETING CLOSE

As there was no further business, the meeting closed at 10.29pm.

Confirmed this 7th day of December 2021

…………………………………………………. Mayor, Cr Anthony Marsh, Chairperson - Council

Documents

Minutes of Council Meeting - 15 November 2021