Minutes of the Ordinary Meeting of the Greater Geelong City Council held at the Council Conference and Reception Centre - City Hall on27 August 2013, commencing at 7:00pm.
Graeme Tribe and Peter Linaker
Geoffrey Kenyon
Colin Wallace
Mary Wallace
Kim McGough
Cr B Harwood (Acting Mayor)
Crs:
T Ansett
L Ellis
J Farrell
K Fisher
M Heagney
J Irvine
E Kontelj
S Kontelj* (7:16pm)
R Macdonald
R Nelson
A Richards
S Griffin (Chief Executive Officer)
J Wall (General Manager Corporate Services)
P Bettess (General Manager Economic Development, Planning and Tourism)
G Van Driel (General Manager City Services)
J McMahon (General Manager Community Services)
D Frost (General Manager Projects, Recreation and Central Geelong)
J Brown (Manager Administration and Governance)
K Pritchard (Manager Aged & Disability Services)
M Kelly (Manager Financial Services)
R Bourke (Co-ordinator Governance)
J Merlo (Senior Media Officer)
The Acting Mayor declared the meeting open at 7:00pm.
The following recognition of former Mayor, Cr Keith Fagg, was presented to Council by Acting Mayor, Cr Bruce Harwood:
Councillors would like to acknowledge the resignation of Keith Fagg from the office of Mayor due to ill health, and conveys its sincere thanks for his commitment, passion and enthusiasm in leading the City of Greater Geelong as its first directly elected Mayor for the past 10 months.
Keith brought to the Office of Mayor a firm focus on responsibility, innovation, integrity and respect. His desire was to lead a values based Council - in this he always led by example. He was committed to community service and well respected throughout the City.
In only a short time, Keith showed vision to lead the formation of Enterprise Geelong and the CBD Taskforce, and we look forward to these initiatives delivering great outcomes for our community. Keith also led the delegation which successfully lobbied for DisabilityCare national headquarters to be located in Geelong.
We are saddened by Keith’s departure but wish him well and his family well, and trust he has a speedy recovery to full health.
The Acting Mayor acknowledged that we are here today on the land of the Wathaurong People and we pay our respects to Aboriginal elders past and present.
Nil.
Cr Macdonald moved, Cr Farrell seconded -
That the Minutes of the Ordinary Meeting held on 13 August 2013 be confirmed and signed.
Carried.
Cr Eddy Kontelj declared an Indirect Interest in Amendment C267 – Armstrong Creek Town Centre – Consideration of Submissions in that he owns greater than $10,000 worth of shares in Woolworths and also because his wife is employed by Woolworths.
Question Time is an opportunity for questions to be addressed to Council and while the minutes record the general content, they do not purport to be a transcript of what was said by individuals. Likewise Councillor or Officer verbal responses are in summary form only. Views expressed may not be the views of Council.
Council's practice is to provide a separate document on its website setting out questions and responses including any more detailed written responses which may be provided subsequent to the meeting.
Graeme Tribe addressed Council as follows regarding the Ocean Grove Covenant:
Are Councillors aware of the errors in reporting questions raised by ratepayers? Do you realize that my queries of our last meeting on the 3000 people titleholders of the Ocean Grove covenant were not recorded?
Again, I ask, do you yourselves realize how disturbing it is to those who own property in this municipality to find what scant regard this Council holds for legal agreements, even those more than 100 years old, entered into by landholders, that under The Planning and Environment Act this Council is obliged to respect?
These questions were not responded to on the night.
Peter Linaker accompanied Mr Tribe but did not submit questions.
Geoffrey Kenyon asked questions in relation to Agenda Item 2 – Armstrong Creek Town Centre Precinct Structure Plan, in particular Page 8, Background – paragraph 3:
In my submission at the time I questioned the 70% owner control by developers and was told by the Shire that the developers had it, it was supposed to be in title ownership. I had no doubt they had 70%, but at that time it was in options not title, as told by the Shire, and at that stage they could have taken what they wanted of the land and walked away from the rest of it without any risk to them – but maybe it could have been to the Shire itself, this agenda has now told me differently.
On Page 20, paragraph 5 there is a mention about Armstrong West Precinct which could possibly concern us, yet we have not been notified about it at all yet?
Peter Bettess responded the question would be taken on notice.
Colin Wallace asked the following questions:
Would Councillors and readers of the Minutes of tonight’s Council Meeting note in connection with the last Council Meeting of 13th August, 2013, chaired by the Acting Mayor in the Mayor’s absence:
that the Acting Mayor did not direct any of the three questions my wife Mary Wallace asked during Public Question Time to anyone else and nobody representing Council offered anything by way of response so the only response to her questions was the Acting Mayor saying after each question that her question would be taken on notice and adding thank you?
that since the still current Council Meeting Procedures Local Law, 4.12(1) requires that a question is only taken on notice if it cannot be answered at the meeting, the Acting Mayor three times in a row failing to seek an answer to my wife’s question before taking the question on notice constitutes an evident failure to act in accordance with the Local Law established under the Local Government Act?
that sitting on the right of the Chairperson, Acting Mayor Harwood was Acting CEO, and on his left and sitting in for the Governance Co-ordinator was Manager of Administration and Governance, and that both officers failed in their duty to advise the Chairperson that he was not acting in accordance with the Local Law, as detailed above?
My wife and I handed in our submission concerning changes to the Public Question Time section of the Council Meeting Procedures Local Law – in which we requested to speak at the Hearing and said we intended tabling further documents at that Hearing – on the last day for submissions, 16th August 2013, which happened to be the day of directly-elected Mayor Keith Fagg’s resignation and I am asking, would Councillors, who are responsible for the eventual contents of the Council Meeting Procedures Local Law, note that we are unavailable to appear at the Hearing to consider submissions until after the installation of the next directly-elected Mayor?
The Acting Mayor noted the comments.
Mary Wallace asked:
Would Councillors note that my Question 2 at the last Council Meeting, 13th August 2013, was clear but Council, without asking me and without my permission, altered my question in the Minutes to make part of it ambiguous?
Would Councillors note that, in my question 2 at the last Council Meeting, 13th August 2013, I referred to two officers only and I named them, both of whom were and, to my knowledge, remain within the Asset and Traffic Management Unit with one of these two officers being the co-ordinator of this unit and would Councillors further note that I drew the names of both officers from information on the invoice from Surbo Holdings for removing trees and making a new footpath with fence in First Street received through Freedom of Information in connection with Section 7f of the Ropeworks Planning Permit so the reference to these two officers is available to any member of the public?
Would Councillors also note that on the Surbo Holdings invoice for removing trees and making a new footpath with fence in First Street the signature accompanying ‘OK to pay’ is that of the Co-ordinator of Asset and Traffic Management and that this signature, was then and to my knowledge remains Co-ordinator of Asset and Traffic Management?
Would Councillors, who are ultimately responsible, note that I object to my question being altered without my permission and that I believe Council has no right to do it?
The Acting Mayor noted the comments.
Kim McGough asked the following question in relation to Agenda Items 3 & 4:
Does CoGG Council have the moral and legal right to rezone and sell this part of the Ocean Grove Memorial Reserve land?
How did the subject land initially come into public ownership and be vested in CoGG Council, and are there any association restrictions or conditions on the land titles?
The subject land may be surplus to Council’s requirements for active recreation/sporting/netball facilities, but has Council met its obligations prior to deciding to rezone and sell the land to consider any other alternative community/public need for this land? Furthermore, has Council consulted with the local community and/or any external agencies, including not-for-profit organisations, to determine any alternative appropriate future community use/s of this land?
*Cr S Kontelj entered the meeting room at 7.16pm
The Acting Mayor responded that the questions would be addressed during debate of the item.
Cr Farrell added the report before Council tonight is seeking approval to prepare and exhibit the planning scheme amendment, allowing for significant community consultation.
Council has today received correspondence from Karingal asking Council to consider the establishment of supported living.
The process this evening is about getting information from residents. Cr Farrell could not advise if there are any restrictions/conditions on the land or how the land came into Council ownership.
Cr E Kontelj presented a petition containing approximately 356 signatures from concerned residents, schools and community groups in relation to a Building Permit to erect a telephone tower in Hamlyn Park.
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