September 2024 Council meetings
Hobsons Bay – 10 September
By Josie Vine
Cr Peter Hemphill was unable to attend his own Internal Arbitration hearing, which accused him of ‘misconduct’ and suspended him from council duties for a month, because of a ‘muck up’ over a Leave of Absence.
The Internal Arbitration report, tabled at last month’s council meeting, shows that Cr Tony Briffa had made two applications accusing Cr Hemphill of ‘misconduct’.
The report said the first application was made after Cr Hemphill sent an email in February, containing information about complaints made against Cr Briffa in 2011 and 2013. The email also discussed another complaint made by Cr Hemphill in 2023, and referenced a 2014 incident between Cr Briffa and a former Mayor.
The second application came after the June council meeting, when Cr Hemphill made comments about Hobsons Bay Corporate Integrity Executive Manager Diane Eyckens, as the author of Council’s complaint handling policy, and referred to a confidential complaint that had been made against Cr Briffa by Ratepayers Victoria.
In the first instances Arbiter Simon Heath found that Cr Hemphill had failed to treat Cr Briffa with ‘dignity, fairness, objectivity, courtesy and respect’. In the second instance Mr Heath found that Cr Hemphill had failed to treat both Cr Briffa and Ms Eyckens with ‘dignity, fairness, objectivity, courtesy and respect’.
Both applications were heard in a directions hearing on July 9. They were then heard in a July 30 brief hearing, which was then adjourned and later completed on August 15.
The report said Cr Hemphill did not provide ‘any written or oral evidence’ for either the first application or the second application and ‘The Arbiter remained of the view that the Respondent had been given ample opportunity to be heard and, in the absence of any explanation as to why the Respondent had not complied with the directions, further directions and additional directions, the hearing proceeded.’
But at the last council meeting, Cr Hemphill said he had been on a Leave of Absence from June 14 – August 2 and was “uncontactable” to attend the hearings, denying him a right of reply. Cr Hemphill told the chamber he could “truthfully and honestly” say he could not attend the hearings and was unaware of the scheduling of at least one. Neither had he been “advised of their result”.
“I knew nothing about these proceedings. I assumed the PCCR [Principal Councillor Conduct Registrar] would delay them until September when I would be back on duty,” he said. “I didn’t know they were on, they happened quite clearly when I was on leave.”
Conduct Officer Andrew McLeod told council he had “certainly advised” both Arbiter Simon Heath and the registrar that Cr Hemphill was on an approved Leave of Absence and was “uncontactable”.
Cr Briffa, interrupting discussion on a Point of Order, said Cr Hemphill was “asserting” his Leave of Absence encompassed the whole period of the Arbitration process and “that is not the case”.
At the August 13 meeting, Cr Pamela Sutton-Legaud had tabled Cr Hemphill’s second Leave of Absence request, which was rejected because the Hobsons Bay Governance rules stipulate that such requests need to be received before noon the previous day. Instead, council voted on recording Cr Hemphill as an apology.
Cr Hemphill said he was overseas attending to a family emergency at the time, then suffered a blood clot after the long-haul flight, and was in hospital, unable to submit his Leave of Absence request before the required midday deadline.
Council heard Cr Hemphill had not told Mayor Matt Tyler he would be an apology for the August 13 meeting and, under the governance rules, should have been recorded as “absent”.
“Based on what the rules state, if I’m not here and I haven’t asked for a Leave of Absence, nor an apology, I should not have been recorded as an apology, I should have been recorded as absent,” he said. “Is that a muck up?”
The final Internal Arbitration hearing was held on August 15, two days after Cr Hemphill’s request for his second Leave of Absence was rejected on August 13. Cr Hemphill was suspended for a month and ordered to apologise to Cr Briffa and Ms Eyckens.
Mr McLeod said Council had not yet been invoiced for the Arbitration process and could not yet estimate its cost to ratepayers. Wyndham recently paid $50,000 insurance for the defence of one of its councillors in an Internal Arbitration hearing, and Brimbank currently has municipal monitors reporting on its council’s processes, in part to reduce the number of Internal Arbitration applications.
Cr Hemphill’s retrospectively tabled a Leave of Absence from August 2 –August 28, which was passed five votes to two.
Brimbank – 10 September
By Josie Vine
It’s been somewhat lacklustre in Brimbank chambers since the municipal monitors moved in. Your correspondent was getting used to rowdy public galleries, security guards checking names of attendees, councillors storming out of meetings and, in one instance, police ejecting members of the gallery.
But last month’s meeting was a sedate affair, attended mainly by security guards and lasting no more than 26 minutes in total. So it seems our reporting is going back to the bread-and-butter of council decision-making, which is perhaps not a bad thing given Brimbank’s unruly history.
More than 88,000 trees and shrubs were planted in Brimbank over the past 12 months under Council’s ‘Climate Emergency Plan.’ The plan is in its fourth year and aims to move the Brimbank community towards 100 percent renewable energy by 2023, removing barriers to access to quality education and sustainable living, creating greener and ‘cooler’ neighbourhoods, making sustainability improvements to the built environment, encouraging people to ‘get around’ on foot, by bike, or by public transport, reducing the amount of waste to landfill, and maximising the reuse and recycling of other products.
Other objectives achieved under the plan for 2023/ 2024 were the full degasification of Sunshine West Community Hub and the installation of Resource Recovery Hubs in four community facilities for recycling hard-to-recycle items.
Key challenges for the plan were getting off gas completely, transitioning council’s fleet to electric vehicles, reaching net zero community emissions by 2040, adapting to the effects of climate change and reducing waste to landfill.
Meanwhile, the number of new planning applications received by Brimbank council over the space of one month has fallen by 30 percent compared to this time last year. In August 2023, Brimbank had received 80 applications, compared to 56 applications in August 2024.
Of these, 68 planning permits were approved, compared to 75 this time last year, representing a decrease of $53.9 million of development money in the municipality.
Developers were spending $71.3 million in August 2023, compared to $17.4 million in August 2024.
At the end of August 2024 there were four appeals lodged at VCAT that had not yet been determined. This is two fewer than at the end of August 2023.
Maribyrnong – 10 September
By Ruby Fox
There was a lot to discuss at this month’s Maribyrnong council meeting, with community petitions, performance statements, and vaping all brought into question.
Public questions seemed to focus on the planned construction of the Bluestone Laneway between Pilgrim, Henry and Edward Streets; the majority questioning whether the renovation is necessary.
Director of Infrastructure, Patrick Jess said the renovation would provide “fit-for-purpose infrastructure”, accessibility, ongoing maintenance requirements, and heritage value.
“When it comes to maintaining, renewing or upgrading these assets, the council adopts a balanced approach,” Mr Jess said.
Reconstructing only with blue stone may cost up to three times more than the chosen treatment he said, but the renovation plan “seeks to balance the historical value with functionality and affordability.”
In other news the Director of planning and environment services, Mike McIntosh said vapes were “a significant threat to public health and the safety” of our community, and “in spite of bans, vapes continue to be readily available.”
“Without product stewardship schemes in place they inevitably end up in our curbside bins, public bins and waterways,” Mr McIntosh said.
The community, he said, thinks it’s about time Council provided a free vape disposal service but due to the “hazardous nature” of vapes, the cost of providing recycling services was high.
He said Maribyrnong was currently working with other councils and industry groups to assess the long term management of difficult to recycle materials, including vapes.
Councillor Michael Clarke commended the financial statements for this financial year. “The statements really indicate what a remarkably solid financial situation this council finds itself in,” he said. The statements show a 20.9 million surplus
Cr Clarke said Council was able to cover all costs, all liabilities, all employee provisions and all carry forward projects. “Income statement sees an underlying surplus of some 10.535 million dollars and we have an adjusted revenue of $163 million,” Cr Clarke said.
Cr Simon Crawford said Maribyrnong was “one” of the strongest, financially viable councils “in this country today”.
“We have a very strong team,” he said. “Council acknowledges the tremendous work of not only the council workers, but also the entire workforce,” he said.
Council also discussed the relocation of the Yarraville Library. Councillor Clarke praised library staff, saying “they continue to do a phenomenal job … in the context of working in an environment that is far too small.”
The Council’s goal is to partake in an “extensive redevelopment of what will be a massive learning hub”, Cr Clarke said.
The new library will be located at 341-351 Francis Street Yarraville. “Relocating and rebuilding is very important,” Cr Anthony Tran said. “As housing grows, amenities need to grow with it.”
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Wyndham – September 10
By Jack Sutton
Despite the shorter meeting, Wyndham City once again delivered, and the proposed commercial redevelopment in Point Cook was the focus of the chamber.
This development would include things like a medical centre, a pharmacy, food, drink and retail premises, a convenience store and of course, a bottle shop.
To accommodate such a significant talking point, all other standing orders were suspended to allow registered speakers to voice their opinions. One by one they took to the lectern to explain why they were for or against undertaking this project.
Ray, the building designer for this new centre, started off by speaking very highly of how the council was organising the development and said he was “extremely satisfied” with the conditions they had supplied.
Andrew however, was the first of many objectors. He lives on Broadbeach Circuit, which backs onto the proposed development site and is concerned about the potential increase in noise, music, traffic, and overall congestion on the “very small” road leading up to the new centre.
When it was time for questions about Andrew’s statement, Cr Adele Hegedich quickly asked where the music would be coming from. Andrew responded by saying, “The shops would need to play louder music to accommodate the outdoor seating area.”
Cr Adele Hegedich seemed satisfied with that answer, she had no follow-up and the rest of the councillors didn’t either.
The chairman of the Owners’ Corporation, Michael, who is also a resident of Broadbeach circuit, was next to speak, and quickly supported Andrews’s concerns stating that the development would have a “significant and negative” impact on the 75 homes represented by the Owners’ Corporation.
Several Point Cook residents who live very close to the development expressed their concerns about security and overall safety in the area. They are particularly worried about a new bottle shop being opened so late, which they consider to be the main cause of the issues they have with it.
Cr Robert Szatkowski was curious as to why this bottle shop is a problem when the Sanctuary Lakes Golf Club, just down the street, also serves alcohol until some hours into the night.
The proposed development is linked to the Wyndham 2040 vision, which is a plan about encouraging development in locations that are well supported by infrastructure and services.
