Council Minutes - Section A: Procedural Matters - 11 August 2020

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Minutes of the Community Focus Council Meeting of the Greater Geelong City Council held virtually by Zoom and broadcast on the City's website on 11 August 2020, commencing at 7:00pm.



Present

Councillors:


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Also present:


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Opening

The Mayor declared the meeting open at 7:00pm.


Acknowledgements

Council acknowledges Wadawurrung Traditional Owners of this land and pays its respects to all Elders past and present and to all Aboriginal and Torres Strait Islander People who are part of the Greater Geelong community today.


Apologies

Nil.


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Leave of Absence

Nil.

Carried.


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Confirmation of Minutes

Councillor Mansfield moved, Councillor Sullivan seconded –

That the Minutes of the Community Focus Council Meeting held on 14 July 2020 be confirmed.

Carried.


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Declaration of Conflicts of Interest

Nil.


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Question Time

The following question was submitted prior to the Council meeting from Sarah Roberts. A response addressing the concerns has been provided via email.

Sarah Roberts submitted the following:

Agenda Item 10. Roslyn Road, Highton: Footpath Construction – SRC346 – Finalisation of Scheme.

Please do not endorse the SRC346's final, 'actual' costs to the special charges on properties as shown in Schedule A – Attachment 2, because the Declaration of Charge was in breach of the Objections Amendment to the Local Government Act 1989.

As per the SRC 346 Declaration of Charge minutes of Tuesday, 28 February 2017, 17 submissions (all objections) were received in response to the Intention to Declare SRC346. This was a majority of the 24 properties, 14 of which were received in a petition. The administrators should not, therefore, have declared scheme charges on the 24 properties, because S.163B(6) amended by No. 67/2008 s.57, states that: (6) A Council cannot make a declaration if the Council receives objections from persons who will be required to pay the special rate or special charge in respect of a majority of the rateable properties in respect of which the special rate or special charge would be imposed.

http://www6.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/lga1989182/s163b.html

(It also seems that Ministerial Guidelines for Special Rates and Charges Schemes 2004 has not been updated to reflect the Amendment).

Thank you for your question Sarah:

Council is able to proceed with finalising the Special Charge Scheme for footpath construction at Roslyn Road between Scenic Road and Remony Avenue, Highton as the scheme is seeking to recover less than one third ($73,715) of the total cost ($230,359). While objections were received from people representing a majority of the rateable properties in the scheme when it was declared in 2017, section 163B of the Local Government Act only applies if Council is seeking to recover an amount that exceeds two thirds of the total cost of the scheme.


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Petitions

Councillor Kontelj presented a petition containing 64 signatures from concerned residents in relation to the street racing and hoon behaviour experienced in Limeburners Point.


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