Councilors Council Officers Glen Eira
residents and community members viewing
our meeting this evening
I'd like to welcome you to the 19th of
September 2023 special meeting of
council
there are a few items I'd just like to
mention before we begin this evening the
first is a reminder to councilors
council officers and members of the
public that all mobile phones are to be
switched off or placed on silent for the
duration of the meeting
our meetings are being held in person
here in the council chambers and are
been live streamed to the community
rule 24 of council's governance rule
states
where meetings are held in person
meetings can continue if the live
streaming of the meeting fails
we are councilors participating
virtually and a technical problem occurs
preventing Council from live streaming
the meeting will be adjourned for 10
minutes
and then if the meeting cannot be
resumed within 30 minutes the media will
be adjourned and reconvened on Wednesday
the 20th of September at 5 30 pm
council is not responsible for any data
usage charges or technical issues that
members of the public may experience
in accessing
council's live stream or
recording of meetings a copy of each
meeting
a copy of each of the live stream
meetings will be placed on council's
website as soon as possible after the
meeting
councilors the city of Glen Eira would
like to acknowledge the people of the
Kulin Nation as the Traditional Owners
and Custodians we pay our respects to
their Elders past present and emerging
we acknowledge and uphold their
continued relationship to land and
waterways and Council extends its
respect to all Aboriginal and Torres
Strait Islander peoples
item two is apologies and I see we have
no apologies everyone's present
item three is a reminder to declare any
conflicts of interest in any item on the
agenda
councilors there is a requirement for
disclosure of conflicts of interest in
items listed for consideration on the
agenda or any item that is considered at
this meeting in accordance with Section
130 in brackets two of The Local
Government Act of 2020 in rule 60 in
bracket 3 of the Glen Eira Council
governance rules councilors anyone wish
to declare a conflict on this item
I see no conflicts
I now move a procedural motion
um that where meetings are held in
person can continue if the meeting the
live stream of the meeting fails
councils I'll move that
seconded Councilor
Parasol
all those in favour
online those in favour
that is carried unanimously
now before we move on to item four
officer reports we'll commence the public
participation there where we we will
hear the verbal submissions for item 4.1
are there any
available submissions that to be made
and submitted tonight so yeah yes there
are Mr Mayor we've got two registered
submitters who are in the gallery this
evening I will start by inviting Louise
Hicks who's going to speak on behalf of
David Monde
thanks Louise that's wonderful we'll just
be speaking to the microphone that'd be
great thank you thank you very much and
good evening uh mayor and councilors my
name is Louise Hicks I am a barrister
and I am engaged by Mr ? who is
also here tonight on behalf of Mr David
Monde
Mr Monde has a business on Orrong
Crescent number 91 and he will be
directly affected by both the traffic
experiment
and any pop-up park and as you'd be
aware there are councilors Mr Monde
has made submissions to you in writing
so I wish very briefly to go to the high
points of those submissions and draw out
some key points for your consideration
in your decision making
mayor and councilors you'd be aware
that when this matter first came before
you being the issue of the pop-up park
there was uh what was described as a
procedural error in relation to that
proposal this is a matter that Mr Monde
brought to council's attention and it
was picked up and is purported to be
dealt with by what is now before you
uh unfortunately councilors mayor the
proposal before you does not meet the
procedural error and still falls foul of
the difficulty and the procedural defect
at the heart of the proposal what do I
mean by that
before you can exercise your power and
not act ultra vairies in closing a road
there are certain things you need to
ensure you're satisfied about one of
those things can be this is a what's
called a genuine traffic experiment onto
the Local Government Act I should be
aware and the paperwork before you makes
reference to a traffic experiment
a traffic experiment isn't a traffic
experiment or indeed a genuine traffic
experiment just because one calls it
that there has to be is it where a
traffic reason a traffic related reason
to call it up as a possibility so am I
going to undertake this experiment why
am I undertaking it I'm undertaking it
for a genuine traffic purpose and the
difficulty for Council my respectful
submission to you is you have no
material before you and we have not
received any material to guide you on
whether or not what you have before you
arises from a genuine traffic reason
now in preparing for tonight we've tried
to get any material because we thought
well maybe there's a traffic report
something that says look we really want
to explore whether we can make the
traffic situation in this area better by
this diversion
that's what you would expect to see in
my submission that's what you would
expect to see before you can properly
and lawfully exercise at your discretion
in that regard and so we find ourselves
still with the procedural defect that we
had on the previous occasion
the only material differences I see it
from the papers that you have before you
dated the 19th of September is there has
been sought to dislocate or break the
connection between the pop-up Park and
what's called the genuine traffic
diversion experiment so now what you
have before you is not the pop-up pack
what you have before you is What's
called the genuine traffic experiment
and the point is made in those papers
that until you get the outcome of the
diversion then you can't make a decision
on the pop-up Park so what sort to be
done is let's park the pop-up park for
the moment goodness me too many parts in
that sentence and instead deal with the
traffic experiment
the difficulties that doesn't get around
you your ultraviolet's point in my
respectful solution
the other ultraviaries issue you've got
and you'll find a reference to that on
page 10 of your papers is quite likely
that papers indicate to cancel that the
act in um excising your powers in
relation to the closure of a road
requires and I quote from the papers and
it's correctly quoted from the act the
council must not exercise the power to
control traffic for the purpose of a
traffic diversion experiment or come out
of the quote for a minute of course that
begs the question as to whether this is
such a thing go back into the quote
unless it has considered a report from
the head transport for Victoria
concerning the exercise of that power
now we see from the paperwork that such
a report has been sold so that's great
because that's that's the first step and
that was lacking on the previous
occasion so that's good and that's a
positive
but you haven't got it yet so the law
requires you to not just ask for one but
get it and consider it and you don't
have that so unless and until that
happens as a bare minimum together with
any and all additional materials put two
Council so you can satisfy yourself that
you have a traffic reason for this
traffic experiment in my submission you
don't get to the point where you can
lawfully exercise your Paris tonight on
this question okay
those are the missions we wish to make
at the moment uh subject any question
the council or the mayor may have I
don't believe what we unless councils
have questions but obviously tonight's
to listen to submission yes and no
decisions being made here tonight so uh
we'll certainly take that on board
Council within us if you have a question
yeah if you'd be so kind as to share
with us any cases that are referring to
the matters that you're raising with us
just for us to have a look over yeah
okay so that's thank you for that
counselor and we'd be more than happy to
give you some materials uh may I do that
following tonight yes promptly because
it will go to those um questions of
statutory interpretation and I'd be more
than happy to assist thank you
thank you if there's nothing thank you
well thank you very much thank you
and Mr Mayor we would also like to hear
from Hayden Levine of Carnegie this
evening too
thanks Hayden
uh good evening councilors
um on behalf of streets live Glen Ira I
just wanted to summarize our submission
um so we strongly support the proposed
pop-up Park trial this park would
provide much needed community space in
Caulfield North addressing the
deficiency of open space in Glen IRA we
Echo concerns that others have made
about the lack of bike Lanes in The
Proposal the ground treatment
and the lack of the ramp on the
southwestern footpath
um
and we wholeheartedly support the
proposal and urge you to endorse its
commencement we trust that you'll make
the best decision that serves the
interest of the community
thank you
counselor if I could ask a question of
Hayden who were you representing I
didn't catch it
I don't think we've got any other nobody
else wished to make a submission this
evening no okay
that makes us move on to item four
officers reports as listed now 4.1 this
is section two two three submissions
genuine traffic diversion experiment
called oron Crescent and Alma Road
Caulfield North and it is just
councilors to accept
um submissions received and noted
councilors can either move it for that
motion
against within softness obviously as
printed
seconded for that motion
I can't see any other oh cancer pedicure
cancer United speak to that uh well it's
as written in the report really but just
to say thank you for those that have
submitted and showed interest in this
matter and uh to leave it to council to
consider those submissions as we move to
that decision point which will come at a
further date thanks thank you councilor
nothing to add to what counts or some
support
thank you any Council wish to speak
against this motion
any other speakers on the motion
that being no other speakers on the
motion cancer without a surplus nothing
to sum up councils I put the motion all
those in favour
emotions courage unanimously
uh there's no urgent business and we
come to the conclusion of the meeting
and we close the meeting at 7 13. and
thank everyone for coming