2014/11/18 · Proceedings at Council meetings are controlled by the Chairperson. The Chairperson is empowered to enforce the provision …

MELTON CITY COUNCIL

Notice is hereby given that the Ordinary Meeting of the Melton City Council will be held in the Council Chamber, Civic Centre, 232 High Street, Melton on 18 November 2014 at 7.00pm.

THIS AGENDA CONTAINS REPORTS TO BE DEALT WITH AT A CLOSED MEETING OF COUNCIL

Kelvin Tori CHIEF EXECUTIVE

Visitors to the Gallery please note: Proceedings at Council meetings are controlled by the Chairperson. The Chairperson is empowered to enforce the provision of Council’s Local Law, which includes the following aspects;

• Silence must be maintained by members of the public in the gallery at all times. A visitor to the gallery must not interject or take part in the debate that occurs in the Chamber.

• Members of the public in the gallery must not operate recording equipment at a Council or Special Committee Meeting without the prior written consent of Council.

• Question time is available at every Ordinary Meeting to enable

members of the public to address questions to Council. All questions must be received by the Chief Executive Officer or other person nominated for this purpose no later than:

i) 5 pm on the day of the Ordinary Meeting if questions are submitted into the receptacle designated for public questions outside the Council Chamber;

ii) 5pm on the day of the Ordinary Meeting if questions are submitted by electronic medium as per Council website directions.

A person must not submit more than two (2) individual questions at a meeting, inclusive of all parts and variants as interpreted by the Chairperson or other person authorised for this purpose by the Chairperson. The person directing the question must be present in the gallery at the time the question is to be dealt with for it to be valid.

• It is an offence for any person, not being a Councillor, who is guilty of any improper or disorderly conduct to not leave the meeting when requested by the Chairperson to do so. Penalty: 20 Penalty Units

• It is an offence for any person to fail to obey a direction of the Chairperson relating to the conduct of the meeting and the maintenance of order. Penalty: 20 Penalty Units A penalty unit for a Local Law made under Part 5 of the Local Government Act 1989 is $100 in accordance with s110(2) of the Sentencing Act 1991.

ORDINARY MEETING OF COUNCIL 18 NOVEMBER 2014

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TABLE OF CONTENTS

1. OPENING PRAYER AND RECONCILIATION STATEMENT 5

2. APOLOGIES AND LEAVE OF ABSENCE 5

3. CHANGE TO THE ORDER OF BUSINESS 5

4. DEPUTATIONS 5

5. DECLARATION OF ANY PECUNIARY INTEREST, OTHER INTEREST OR CONFLICT OF INTEREST OF ANY COUNCILLOR 5

6. ADOPTION AND CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS 5

7. CORRESPONDENCE INWARD 6

7.1 PARLIAMENTARIAN AND DEPARTMENTAL LETTERS RECEIVED BY THE MAYOR 6 • Victoria Police – A/Superintendent – Police Coverage of Diggers Rest

Township.

8. PETITIONS AND JOINT LETTERS 8

9. RESUMPTION OF DEBATE OR OTHER BUSINESS CARRIED OVER FROM A PREVIOUS MEETING 8

10. PUBLIC QUESTION TIME 8

11. PRESENTATION OF STAFF REPORTS 9

11.1 AUTHORISATION OF AFFIXING THE COMMON SEAL OF COUNCIL 9 For Council to adopt the schedule of documents (Appendix 1) requiring the Common Seal of Council.

11.2 POLICY REVIEW PANEL MINUTES 12 This report presents to Council Minutes of the Policy Review Panel meeting for adoption of the panel’s recommendations.


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11.3 MUNICIPAL AUDIT COMMITTEE MINUTES 22 OCTOBER 2014 26 For Council to consider the minutes of the Municipal Audit Committee

meeting held on 22 October 2014.

11.4 HERITAGE ADVISORY COMMITTEE 36 To consider the minutes of the Heritage Advisory Committee Meeting held

on 10 October 2014.

11.5 EARLY YEARS PARTNERSHIP COMMITTEE MEETING MINUTES 23 OCTOBER 2014 42

To present to Council the minutes of the Early Years Partnership Committee meeting held on 23 October 2014.

11.6 COUNCIL ANNUAL ACTION PLAN 2014/15 FIRST QUARTER PROGRESS REPORT 47

To provide Council with the first quarter update on the progressive achievement of the Council Annual Action Plan 2014/15.

11.7 COUNCIL MEETING SCHEDULE - 2015 78 The purpose of this report is to allow Council to formally consider and

determine its meeting schedule for the 2015 year.

11.8 COUNCILLOR COMMITTEE REPRESENTATION 2015 81 To appoint Councillor representation on Council’s Special Committees,

Advisory Committees and other organisations for the 2015 year.

11.9 PREVENTING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN STRATEGY AND ACTION PLAN 2013-2016: PROGRESS UPDATE 93

To provide Council with an update on the implementation of the Preventing Violence against Women and their Children Strategy and Action Plan 2013-2016.

11.10 MUNICIPAL ASSOCIATION OF VICTORIA PREVENTION OF VIOLENCE AGAINST WOMEN LEADERSHIP STATEMENT 96

To present the Municipal Association of Victoria Prevention of Violence against Women Leadership Statement for Council’s consideration.


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11.11 PLANNING APPLICATION PA 2008/2070 - DEMOLITION OF A BUILDING (DIGGERS REST HOTEL) AFFECTED BY A HERITAGE OVERLAY CONTROL AT LOT 1 ON PS343396C, NUMBER 1434-1466 CALDER HIGHWAY, DIGGERS REST 105

To consider a planning application for demolition of a building (diggers rest hotel) affected by a heritage overlay control at Lot 1 on PS343396C, number 1434-1466 Calder Highway, Diggers Rest.

11.12 ADVOCACY FRAMEWORK STATUS REPORT 148 To provide Council with a status report on Council’s Advocacy Framework

and Priority Themes and an analysis of State Election commitments to date.

11.13 EAST WEST LINK ROAD PROJECT 163 To inform Council of the status of the East West Link road project.

11.14 PETITION 2 - 4 SMITH STREET, MELTON 169 This report is pertaining to a petition received from the residents of 2 – 4

Smith Street, Melton in relation to issues residents are experiencing at the property.

12. REPORTS FROM DELEGATES APPOINTED TO OTHER BODIES 172

13. COUNCILLOR REPRESENTATIONS AND ACKNOWLEDGEMENTS 173

13.1 RECORD OF ASSEMBLY OF COUNCILLORS IN ACCORDANCE WITH SECTION 80A(1) OF THE LOCAL GOVERNMENT ACT 1989 173 • 5 November 2014 • 11 November 2014

13.2 PUBLIC ADDRESS BY EACH COUNCILLOR 176

14. NOTICES OF MOTION 177

14.1 NOTICE OF MOTION 393 (CR CARLI) CHILD CARE EXPENSES 177

14.2 NOTICE OF MOTION 394 (CR RAMSEY) ROAD SAFETY AT THE INTERSECTION OF BARRIES & COBURNS ROAD MELTON 178

14.3 NOTICE OF MOTION 395 (CR MAJDLIK) NOTICE OF MOTION PROCESS 179


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15. COUNCILLOR’S QUESTIONS WITHOUT NOTICE 180

16. MOTIONS WITHOUT NOTICE 180

17. URGENT BUSINESS 180

18. CONFIDENTIAL BUSINESS 181

18.1 MUNICIPAL AUDIT COMMITTEE MINUTES CONFIDENTIAL ITEMS 182 This report advises Council of the “in-camera” minutes of the Municipal Audit Committee meeting held on 22 October 2014 and recommends actions arising from the minutes.

18.2 APPOINTMENT OF INDEPENDENT AUDIT COMMITTEE MEMBERS 204 To present to Council the recommendation from Committee of Mayor and Chief Executive who have considered Expressions of Interest received for the ordinary vacancy and casual vacancy that exist on Council’s Audit Committee.

18.3 TENDER REPORT - STATIONARY, COPY PAPER, IT CONSUMABLES AND OFFICE MACHINES 208 To consider the tender assessment for the supply of stationery, copy paper, IT consumables and office machines.

18.4 TENDER REPORT - PROVISION OF TELECOMMUNICATION SERVICES AND HARDWARE - TC4322-2013 211 To advise Council that the tender for the Provision of Telecommunications Services and Hardware has been completed and a recommendation is presented to Council.

18.5 AWARDING THE PROVISION OF KINDERGARTEN SERVICES CONTRACT FOR BRIDGE ROAD CHILDREN'S AND COMMUNITY CENTRE 215

To advise Council that the tender assessment for the provision of kindergarten management services to Bridge Road Children’s and Community centre has been completed and the recommendations presented to Council for endorsement.

19. CLOSE OF BUSINESS 218


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1. OPENING PRAYER AND RECONCILIATION STATEMENT

The Chairperson will read the opening prayer and reconciliation statement. Prayer

“Almighty God we humbly beseech Thee to vouchsafe Thy blessing upon this Council, direct and prosper its deliberations to the advancement of Thy glory and the welfare of the people whom we serve – Amen.”

Reconciliation Statement Melton City Council acknowledges that the land it now occupies has a history that began with the Indigenous occupants, the Kulin Nation. Council pays its respects to the Kulin Nation people and their Elders and descendants past and present.

2. APOLOGIES AND LEAVE OF ABSENCE

The Chairperson will call for any apologies received from any Councillors who are unable to attend this meeting.

3. CHANGES TO THE ORDER OF BUSINESS

4. DEPUTATIONS

Maddison Parker will present to Council a signed copy of a book ‘Inspiring Stories by Young Victorians’ in which her story featured.

5. DECLARATION OF ANY PECUNIARY INTEREST, OTHER INTEREST OR CONFLICT OF INTEREST OF ANY COUNCILLOR

Pursuant to Section 77A, 77B, 78 and 79 of the Local Government Act 1989, any Councillor must declare any direct or indirect interest, and any conflict of interest, in any items contained within the Notice Paper.

The Chairperson will call for any direct or indirect interest, or any conflict of interest, in any items contained withing the Notice Paper.

The Chief Executive will table and read any direct or indirect, and any conflict of interest declarations received.

6. ADOPTION AND CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS

RECOMMENDATION: That the Minutes of the Ordinary Meeting of Council held on 21 October 2014 and Statutory Meeting of Council held on 28 October 2014 be confirmed as a true and correct record.


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7. CORRESPONDENCE INWARD

7.1 PARLIAMENTARIAN AND DEPARTMENTAL LETTERS RECEIVED BY THE MAYOR

• Victoria Police – A/Superintendent – Police Coverage of Diggers Rest Township.

RECOMMENDATION: That the Parliamentarian and Departmental letter received by the Mayor be received and noted.

LIST OF APPENDICES 1. Correspondence - Victoria Police

ORDINARY MEETING OF COUNCIL Item 7.1 Parliamentarian and Departmental Letters received

by the Mayor Appendix 1 Correspondence - Victoria Police

18 NOVEMBER 2014

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8. PETITIONS AND JOINT LETTERS

The Chief Executive will table any petitions and/or joint letters received prior to this meeting.

9. RESUMPTION OF DEBATE OR OTHER BUSINESS CARRIED OVER FROM A PREVIOUS MEETING

Nil.

10. PUBLIC QUESTION TIME


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11. PRESENTATION OF STAFF REPORTS

11.1 AUTHORISATION OF AFFIXING THE COMMON SEAL OF COUNCIL Author: Christie Shields- Governance Officer

Presenter: Peter Bean- General Manager Corporate Services

PURPOSE OF REPORT For Council to adopt the schedule of documents (Appendix 1) requiring the Common Seal of Council.

RECOMMENDATION: That the Council Seal be affixed to the documentation as detailed in the Schedule for Authorising of Affixing of the Common Seal of Melton City Council dated 18 November 2014 and appended to this report (Appendix 1).

REPORT

1. Executive Summary Documents requiring the Common Seal of Council to be affixed are detailed in Appendix 1.

2. Background/Issues Use of the Council Seal is required where Council as a body corporate is required to acquit a document or agreement for the purpose of performing its functions and exercising its powers. The Local Government Act 1989 prescribes that a Council must have a common seal, and that the common seal must –

(a) Bear the name of the Council (which name may refer to the inhabitants of the municipal district) and any other word, letter, sign or device the Council determines should be included; and

(b) Be kept at the Council office; and

(c) Be used in accordance with the local laws of the Council.

Council’s Meeting Procedure Local Law (2013) prescribes the use of Council’s Common Seal and the authorized officers who have the authority to sign every document to which the common seal is affixed.

3. Council Plan Reference and Policy Reference The Melton City Council 2013-2017 Council Plan references:

2. A Well Governed and Leading Organisation: Operating with innovation, transparency, accountability and sustainability

2.6 Ensure timely compliance with statutory and regulatory obligations.


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4. Financial Considerations There are no financial considerations relating to the use of the Council Seal.

5. Consultation/Public Submissions Not applicable.

6. Risk Analysis Ensuring that the Council Seal is only affixed in accordance with a resolution of Council controls the potential risk of the Seal being incorrectly affixed to a document.

7. Options Not applicable.

LIST OF APPENDICES 1. Schedule for Authorising of Affixing The Common Seal


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11.2 POLICY REVIEW PANEL MINUTES Author: Tracy Spiteri- Acting Corporate Policy and Planning Coordinator


PURPOSE OF REPORT This report presents to Council Minutes of the Policy Review Panel meeting for adoption of the panel’s recommendations.

RECOMMENDATION: That :

1. The unconfirmed minutes of the Policy Review Panel Meeting of 29 October 2014 be noted (Appendix 1).

2. Council adopt the recommendations of the Committee as detailed in the Minutes appended to this report.

REPORT

1. Executive Summary Presented for Councils consideration are the Policy Review Panel Meeting Minutes of 29 October 2014. At the meeting held on 29 October 2014 the panel considered the following items: - Tree Planting and Removal Policy

- Public Art Policy

2. Background/Issues Council established a “Policy Review Panel” to review existing Council policy and formulate new policies in new areas identified by Council as requiring appropriate policy consideration.

The panel is an Advisory Committee which meets regularly and presents its recommendations to the Council for adoption. A copy of the Minutes is attached as Appendix 1 to this report.

The policies and terms of reference largely reflect what was the pre-existing practice in relation to these matters and therefore are not viewed as containing any major issues for Council.




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2.6 Ensure timely compliance with statutory and regulatory obligations

4. Financial Considerations There are no financial implications associated with the recommendations of the Committee as contained in the Minutes.

All policies considered are incorporated within Council’s existing budgets.

5. Consultation/Public Submissions The Policy Review Panel is an Advisory Committee of Council and where public consultation and or submissions are identified as being appropriate the Committee would recommend an appropriate consultation process to Council for endorsement.

6. Risk Analysis Maintaining up to date policies within an organisational framework assists Council in controlling risk.

7. Options The Policy Review Panel is an Advisory Committee of Council and Council therefore has the discretion to accept/reject or amend its recommendations as Council deems appropriate.

LIST OF APPENDICES 1. Policy Review Panel Minutes - 29 October 2014

2. Tree Planting and Removal Policy


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11.3 MUNICIPAL AUDIT COMMITTEE MINUTES 22 OCTOBER 2014 Author: Cheryl Santoro- Senior Administration Officer


PURPOSE OF REPORT For Council to consider the minutes of the Municipal Audit Committee meeting held on 22 October 2014.

RECOMMENDATION: That:

1. the unconfirmed minutes of the Municipal Audit Committee of 22 October 2014 be noted; and

2. Council endorse the recommended actions detailed in the minutes of the Municipal Audit Committee meeting held on 22 October 2014 (Appendix 1).

REPORT

1. Executive Summary The unconfirmed minutes of the Audit Committee meeting held on 22 October 2014 are appended to this report as Appendix 1. The Committee considered various issues in relation to risk, financial management and governance and the minutes contain recommendations for the consideration of Council.

2. Background/Issues It is a requirement within the Terms of Reference of the Municipal Audit Committee to meet and report its decisions and recommendations to the Council for consideration.

Issues discussed and recommendations made by the Committee are noted in the minutes for action by both individuals and Council.



2.6 Ensure timely compliance with statutory and regulatory obligations

4. Financial Considerations A provision has been provided in this year’s budget for the remuneration on a fee per meeting basis for independent member of the Committee, with an optional additional amount paid to the Chairperson.


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5. Consultation/Public Submissions The Municipal Audit Committee consists of Councillor Turner and Majdlik and three independent external audit members Mr Alan Hall as Chairperson and Mr Adam Roberts. Due to the resignation of the third member, currently a vacancy exists.

6. Risk Analysis Not applicable.

7. Options The Audit Committee is an advisory committee of Council, and Council therefore has the discretion to accept, reject or amend its recommendations.

LIST OF APPENDICES 1. Audit Committee Minutes


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11.4 HERITAGE ADVISORY COMMITTEE Author: Laura-Jo Mellan- Coordinator Strategic Planning

Presenter: Bob Baggio- Manager Planning and Environment

PURPOSE OF REPORT To consider the minutes of the Heritage Advisory Committee Meeting held on 10 October 2014.

RECOMMENDATION: That Council

1. Note the minutes of the Heritage Advisory Committee Meeting held on 10 October 2014.

2. Endorse the recommendation for the award of the Heritage Assistance Fund as detailed in the minutes of the meeting (refer Appendix 1).

REPORT

1. Executive Summary The Heritage Advisory Committee provides advice to Council on the management and conservation of heritage in the City of Melton. The Committee makes recommendations to Council for applications to the Heritage Assistance Fund and advocates on behalf of the community on heritage matters.

At the 10 October meeting, the Heritage Advisory Committee primarily discussed the details of the events for Heritage Week 2015 and assessed the applications received for the Heritage Assistance Fund.

There is one recommendation to Council from the Heritage Advisory Committee arising from the meeting. This is to approve the award of monies from the Heritage Assistance Fund for two properties to the combined sum of $10,000 which is the allocated budget for the fund.

2. Background/Issues At the 10 October Meeting, the Committee:

Discussed and shortlisted the proposed events for the 2015 Heritage Week.

Discussed and made a recommendation to Council on the recipients of the Heritage Assistance Fund. Three applications for the Fund where received which are summarised below:

• Application 1 is for a conservation management plan (CMP) for a complex of buildings which are listed on the Victorian Heritage Register, and on the Melton Planning Scheme (HO4). This property has received money in the past from the Heritage Assistance Fund.

• Application 2 is to replace the roof on a heritage house which is listed in the Melton Planning Scheme (HO107). The building is in poor condition and the works are urgent. The house was built by SJ Staughton and is of local significance. This application is to replace the roof, and a further application may be made next year to replace the verandah.


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• Application 3 is to replace the roof on a heritage house which is listed in the Melton Planning Scheme (HO127). The roof will be replaced after the property is relocated. This property is new to the heritage overlay and the house is of local significance.

The combined amount requested was $17,582 which exceeds the $10,000 funds that are available in the budget.

The Committee assessed the applications and unanimously agreed to recommend to Council that the following funds be awarded:

• Application 2 be awarded the full amount requested ($5,857). It was considered by the committee that the building is very significant and the works are urgent in order to conserve the original fabric of the house.

• Application 1 is awarded the balance of the funds ($4,143). The committee consider that the property is one of the most significant in Melton. The need for managed maintenance and future planning for such a complicated site is to be encouraged.

It was the view of the Committee that the works proposed by Application 3, did not fully demonstrate eligibility for the funds through their submission and therefore no funds are proposed to be awarded.


1. Managing our Growth: A clear vision to connect and develop a sustainable City

1.1 Strategically plan for a well designed and built City

4. Financial Considerations The funding for the Heritage Assistance Fund is a recurring grant allocated in the Council budget each financial year. Applications for the fund are assessed by the Committee and approved by Council. Any money awarded must be acquitted within the same financial year.

5. Consultation/Public Submissions Not Applicable.

6. Risk Analysis The Committee has an advisory capacity only, and can make recommendations that Council can choose to not adopt. Accordingly, it is considered that there is limited risk to Council.

7. Options Council has the option to:

1. Adopt the recommendation of the Committee (in full or in part) in respect of the award of the Heritage Assistance Fund; or

2. Not adopt the recommendation.

LIST OF APPENDICES 1. 10 October 2014 Heritage Advisory Committee Minutes


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11.5 EARLY YEARS PARTNERSHIP COMMITTEE MEETING MINUTES 23 OCTOBER 2014

Author: Karen Curson- Acting Coordinator Early Years Partnerships Presenter: Maurie Heaney- General Manager Community Services

PURPOSE OF REPORT To present to Council the minutes of the Early Years Partnership Committee meeting held on 23 October 2014.

RECOMMENDATION: That the unconfirmed minutes of the Early Years Partnership Committee meeting of 23 October 2014 are noted as attached at Appendix 1.

REPORT

1. Executive Summary The Early Years Partnership Committee was established in 2011. Key roles of the Committee are to work collaboratively to monitor and evaluate the Municipal Early Years Plan 2014-2017. The Committee is also responsible for developing, implementing, monitoring and evaluating the current Best Start Action Plan for the term of 2014-2015.

Committee membership is drawn from Community Representatives and external partners who provide services to families and children within the City. The Committee meets bimonthly, and attached to this report are the minutes of 23 October 2014 meeting.

2. Background/Issues The Early Years Partnership Committee is responsible for providing direction, involvement and advice to Council concerning the support, development and improvement of the health and wellbeing of children aged 0-12 years.

The meeting on 23 October 2014 considered a number of matters including current membership, working group reports and presentations from guest speakers.

The current membership agreements for the Early Years Partnership Committee complete their tenure in December 2014. The new tenures of 2-3 years will ensure continuity to the group from year to year. The Executive group have finalised a draft Terms of Reference that has been approved by the Early Years Partnership Committee. The committee was encouraged to invite interested Early Years parties to nominate for membership to the Committee.

The Best Start MCH and Kindergarten working group reports were presented to update the Committee on the activities occurring with the groups.

Presentations from a number of guest speakers were also conveyed to the Committee. The Victorian Cooperative on Children’s Services for Ethnic Groups (VICSEG New Futures) showcased the Municipal Early Years Plan 2014-2017 in action, and focused on how they are delivering on Theme 3: Our Learning and Development and Theme 4: What our families need, as well as celebrating their recent success in winning the Ministers Choice Award at


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the recent Early Years Awards. The other presentations promoted Melton City Council’s Learning Communities Library services and the plans for the Healthy Children Growing Together project.


3. Diverse, Confident and Inclusive Communities: A culturally rich, active, safe and connected City

3.1 Provide an accessible range of services for all including children, young people, families and older adults.

4. Financial Considerations Nil.

5. Consultation/Public Submissions The Committee is comprised of 21 members representing a range of sectors including but not limited to State Government, education, disability, health, family support and representatives from the community.

The Committee receive, respond and monitor identified community, industry and/or Council initiatives and opportunities in an inclusive and consultative approach.

6. Risk Analysis Being regularly informed on Early Years Partnership activities assists Council in identifying any possible identified risk exposure to Council or providers.

7. Options The Early Years Partnership Committee is an Advisory Committee of Council, with Council discretion to accept or reject Committee recommendations as presented.

LIST OF APPENDICES 1. Minutes of Early Years Partnership Committee 23 October 2014


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11.6 COUNCIL ANNUAL ACTION PLAN 2014/15 FIRST QUARTER PROGRESS REPORT

Author: Tracy Spiteri- Acting Corporate Policy and Planning Coordinator Presenter: Maurie Heaney- General Manager Community Services

PURPOSE OF REPORT To provide Council with the first quarter update on the progressive achievement of the Council Annual Action Plan 2014/15.

RECOMMENDATION: That Council receive and note the Annual Action Plan 2014/15 First Quarter Progress Report (1 July to 30 September 2014) as presented at Appendix 1.

REPORT

1. Executive Summary The Council Plan 2013-2017 was prepared in accordance with the Local Government Act 1989. The Plan is reviewed on an annual basis to adapt to the evolving needs of our growing community.

Each year an Annual Action Plan is produced, identifying the activities and initiatives that Council will work towards achieving in response to the strategic outcomes and strategies identified in the Council Plan.

The progressive achievement of the Annual Action Plan is reported at the conclusion of each quarter of the financial year, with a final summary provided at the conclusion of each financial year. A summary of these outcomes is also provided in the Annual Report. Appendix 1 to this report provides details on activities during the first quarter period, 1 July to 30 September 2014, in the progressive achievement of the Annual Action Plan 2014/15.

2. Background/Issues The Council Plan 2013-2017 is Council’s primary vision and strategic planning document. It establishes the direction Council has committed to for its term of office (four years). The Council Plan outlines the objectives, strategies and performance indicators to achieve this vision.

Each year Council provides a range of services, activities and initiatives for our community. These key strategic activities and new initiatives are included in the development of an Annual Action Plan.

The Annual Action Plan 2014/15 contains 106 actions that Council has committed to deliver. Council provides the community with quarterly progress reports that support Council’s commitment in providing transparency, through public access to relevant information, decision making and strategic documents.


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Appendix 1 provides a detailed summary on the status of each action in the Annual Action Plan 2014/15, inclusive of the report period from 1 July to 30 September 2014.

The following table provides a status overview of the actions:

Status Description Number of Actions

Achieved The Action is completed. 6

On Track The Action is progressing on target to be achieved within the timeline. 96

Behind Schedule

The Action has been delayed impacting on the current timeline. An explanation and the remedial action where appropriate, is provided in the 'progress comments' column with a revised due date.

4

Postponed The Action has been deferred for the financial year. An explanation is provided in the 'progress comments' column. 0

Total 106

Key achievements extending from the first quarter progress report include:

Finalisation of key documents:

- Green Wedge Management Plan, and

- Aquatic Strategy.

Implementation of programs and services:

- ‘Works 4 Me,’ an employment and training initiative for people with disabilities has been expanded with a Three Year Action Plan to be incorporated into the Community Learning Plan 2015-2018.

- Commencement of the Healthy Children Growing Together project and the development of a Healthy Eating Cookbook for families.

Community consultation and advocacy:

- Securing Universal Access of 15 hours pre-school for 4 year olds for a further 12 months, until the end of 2015.

- Successful engagement of more than 1700 young people to inform the development of the Youth Strategy 2014-2019.

Upon receipt of this update, the First Quarter Progress Report will be published on Council’s website.

Local Government Performance Reporting Framework Complementing our commitments in the Annual Action Plan 2014/15, Council is also required to measure performance through a series of new mandated indicators. The Victorian Government has established the Local Government Performance Reporting Framework (LGPRF). The LGPRF is underpinned by the Local Government Act 1989 and the Local Government (Planning and Reporting) Regulations 2014.


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The primary objective of the LGPRF is to ensure that all Councils are measuring and reporting on their performance in a consistent way and providing comprehensive performance information for Council, communities, regulators and State and Federal Governments.

The LGPRF consists of 95 mandatory performance indicators which are based on three thematic areas; service performance, financial performance and sustainability. Council is currently participating in a LGPRF First Quarter Report Trial and will receive feedback on the data collection during the second quarter. An update on the progression of the LGPRF will be provided to Council in a further report inclusive of the second quarter annual action plan achievements.



2.1 Build community trust through socially responsible governance for long term sustainability

4. Financial Considerations Initiatives and activities delivered in the Annual Action Plan 2014/15 are contained within Councils existing budget.

5. Consultation/Public Submissions The 2013-2017 Council planning process involved extensive consultation of stakeholders including the community, Council staff, government agencies, community organisations and private industry. This process resulted in the development of the Council Plan 2013-2017 and informs the subsequent annual action plans.

6. Risk Analysis Nil.

7. Options Nil.

LIST OF APPENDICES 1. Council Annual Action Plan 2014/15 First Quarter Progress Report (1 July to 30 September

2014)


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11.7 COUNCIL MEETING SCHEDULE - 2015 Author: Christie Shields- Governance Officer


PURPOSE OF REPORT

The purpose of this report is to allow Council to formally consider and determine its meeting schedule for the 2015 year.

RECOMMENDATION: That:

1. Council adopt the schedule of Ordinary Meetings for the 2015 calendar year, as presented in Appendix 1,

2. Notice of the calendar of meetings be given in the print media and on Council’s website.

REPORT

1. Executive Summary Council, at its Statutory Meeting held on 28 October 2014, resolved to consider the 2015 Council Meeting schedule at the Ordinary Meeting of Council on 18 November 2014.

This report presents the schedule of Council meeting dates for 2015.

2. Background/Issues The following section of the Local Government Act (1989) provides for the conduct of Council meetings:-

• Section 83(a) – Council to hold Ordinary Meetings at which the general business of Council can be transacted;

• Section 89 (1) – that these meetings must be open to the public unless Sub-section 2 applies.

Council is required to adopt a meeting schedule, in order to provide reasonable notice to its citizens of its proposed meeting cycle.

Council Meetings are open to the public and scheduled on Tuesdays with a commencement time of 7.00pm. Meetings are generally held every four weeks where possible. By adopting this approach, the meeting dates for the 2015 year, would be as follows.

Ordinary Council meetings: 3 February, 10 March, 21 April, 26 May, 23 June, 14 July, 11 August, 8 September, 13 October, 10 November, 15 December.


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Statutory Meeting of Council: 27 October

Council, at its meeting of 26 August 2014, resolved to trial an Ordinary Council Meeting in 2015 at the Caroline Springs Civic Centre & Library. This has been included in the 2015 meeting schedule and proposed for the 11 August 2015 meeting. All other meetings will be held at Melton Civic Centre.

In terms of the timing of the Statutory Meeting of Council, the Local Government Act 1989 stipulates that it must be held after the fourth Saturday in October and before 30 November each year.



2.1 Build community trust through socially responsible governance for long term sustainability

4. Financial Considerations Costs associated with Council meetings are provided for in the annual budget estimates.

5. Consultation/Public Submissions Section 89 (4) of the Local Government Act (1989) requires Council to provide reasonable notice to the public of meetings of Council.

Should Council accept the meeting calendar as proposed in Appendix 1 to this report, public notice of the meeting dates will be advertised in the local press and available on Council’s website.

6. Risk Analysis It is not considered that there are any risks associated with Council considering the 2015 meeting schedule.

7. Options Council is required by the Local Government Act 1989 to hold meetings for the conduct of Council business however the meeting schedule is a decision of Council.

It is proposed that the 2015 meeting schedule will meet Council’s business requirements and therefore is recommended for Council endorsement.

LIST OF APPENDICES 1. Council Meeting Schedule 2015


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11.8 COUNCILLOR COMMITTEE REPRESENTATION 2015 Author: Christie Shields- Governance Officer


PURPOSE OF REPORT To appoint Councillor representation on Council’s Special Committees, Advisory Committees and other organisations for the 2015 year.

RECOMMENDATION: That Councillor representation on Council’s Special Committees, Advisory Committees and other organisations as detailed at Appendix 1 be adopted by Council for 2015.

REPORT

1. Executive Summary Council are required to periodically review its representation on Committees and other organisations. This process allows Councillors the opportunity to consider the committees and groups they are able to represent on behalf of Council for the forthcoming calendar year.

The appointment of Councillors as representatives on external bodies and advisory committees plays an integral part in Councillors exercising their representation and advocacy responsibilities on behalf of the community.

2. Background/Issues It is an established practice to review annually the Councillor representation on Special Committees, Advisory Committees and other organisations.

Apart from the meetings of the Council, there are a wide range of committees/organisations where the constituted membership includes representation from Council. Such representation plays an essential role in policy development, advocacy, planning and provision of a wide range of services directly relevant to the City’s community and provides a framework for council to receive community feedback and external advice.

There are basically two groups of committees that relate to Council:

a. Advisory Committees of Council that consider issues and make recommendations to the full Council. The Committees role is defined in its approved terms of reference.

b. Special Committees of Council that have delegated power.

There are organisations external to Council that also includes representation of Council by Councillors.

Councillors/Council Officers appointed to these groups/committees will have a responsibility to report to Council. These reports can be in writing or in the form of minutes of the meetings. In particular, where there are no Council Officers present/or minutes taken, items of significance from those meetings can be read into the minutes of the Council meeting via a short verbal report with a report in writing appended to the Council Minutes.


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2. A Well Governed and Leading Organisation: Operating with innovation, transparency, accountability and sustainability.

2.3 Facilitate community engagement in planning and decision making

4. Financial Considerations Costs associated with Councillor representation on Committees and external bodies are borne through normal budget estimates each financial year.

5. Consultation/Public Submissions As it is an internal process of Councillors nominating which group and/or committee they intend to be Councils representative on, no public consultation is undertaken.

6. Risk Analysis The process undertaken has been conducted over a long period of time and has worked well in allowing Councillors the opportunity to engage and represent a wide range of community interests through these committees and groups.

7. Options It is considered that in the interest of the whole community, Councillor Committee representation will ensure a coordinated focus on high level strategy projects, decision making and proposed initiatives.

LIST OF APPENDICES 1. Councillor Representation 2015


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11.9 PREVENTING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN STRATEGY AND ACTION PLAN 2013-2016: PROGRESS UPDATE

Author: Adamu Tefera- Acting Community Health & Wellbeing Planner Presenter: Maurie Heaney- General Manager Community Services

PURPOSE OF REPORT To provide Council with an update on the implementation of the Preventing Violence against Women and their Children Strategy and Action Plan 2013-2016.

RECOMMENDATION: That Council note the implementation to date of the Preventing Violence against Women and their Children Strategy and Action Plan 2013 – 2016.

REPORT

1. Executive Summary In November 2013, Council endorsed the Preventing Violence against Women and their Children Strategy and Action Plan 2013-2016. These strategic documents aim to prevent violence against women and their children by promoting gender equity, respectful and equal relationships and non-violent norms between men and women.

Council has a long standing commitment to preventing violence against women which is articulated in the Council Plan 2013-2017 and the Municipal Public Health and Wellbeing Plan 2013-2017. In supporting this commitment, a number of significant actions within the Preventing Violence against Women and their Children Action Plan 2013-2016 have been implemented over the past 12 months.

2. Background/Issues The development and endorsement of the Preventing Violence against Women and their Children Strategy and Action Plan 2013-2016 in November 2013 was in response to the prevalent issues of violence against women globally, nationally and locally. Violence against women is a key social and health problem that significantly impacts the health and wellbeing of everyone in the community, women and their children in particular.

Violence against women remains a real concern within our community and reports to Police of violence continue to increase. Council is well placed to be a leader in the prevention of violence against women and as such a number of key actions have been implemented which support Council’s vision of a community where women can live free from violence and the fear of violence.

Preventing Violence against Women and their Children Strategy and Action Plan 2013-2016 The Strategy and Action Plan identify four (4) preventative strategies:

1. Strong Partnerships

2. Council Services Creating Supportive Environments

3. Council as a Violence Prevention Leader


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4. An Informed and Vocal Community

Overall 45 actions are included in the three (3) year action plan and a number of these have been delivered in its first 12 months. A number of actions are on-going and continue to be embedded in Council practice and service delivery. The below table provides a summary of actions implemented to date:

Preventative Strategy Actions Implemented to Date

Strong Partnerships - Continuing to convene the Melton Family Violence Network and Community Safety Committee

- Active participation in regional projects, plans and networks including;

- Preventing Violence Together: Western Region Action Plan to Prevent Violence against Women

- Action for Equity: A Sexual and Reproductive Health Plan for Melbourne’s West,

- Western Region United Project to Prevent Violence against Women

- Western Region Integrated Violence Network

- Regional Crime Prevention Network

Council Services Creating Supportive Environments

- Establishment of Council’s inaugural White Ribbon Action Team, comprising of 11 members from across all Council services

- Implementation of the ‘Take a Stand’ program – aiming to change attitudes and behaviours that sustain violence - 19 sessions were conducted and 279 staff attended

- Preventing violence against women messaging included at Council and community events such as White Ribbon Day 2013, Refugee Week events, Djerriwarrh Festival and Community Safety Day 2014

Council as a Violence Prevention Leader

- Developed a Workplace Family Violence Policy

- Developed a Framework for Consulting with Children

- Developed Housing Service Family Violence Policy

An informed and Vocal Community

- Prepared a submission to the Australian Government Senate Inquiry into Domestic Violence in Australia

- Presentations to the Melton Family Violence Network to build member capacity including presentations on family violence in culturally and linguistically diverse communities

- Inclusion for White Ribbon Day article in the Moving Ahead magazine

On-going Implementation As the Strategy and Action Plan move into the second year of implementation, a strong focus will remain on developing a whole of Council approach to preventing violence against women. In further strengthening and building on the successes of the previous year, the following key actions will be delivered:

- White Ribbon Day 2014


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- Continuation of the White Ribbon Action Team and subsequent events, programs and activities

- Council Officer attendance at the VicHealth Preventing Violence against Women Short Course

- Continuation of Executive and Senior Management participation in the Regional Crime Prevention Network – violence against women is a key priority

- Development and maintenance of partnerships with local experts and agencies

- Feasibility of implementing ‘Baby Makes 3,’ a violence prevention program targeting new parents

- Support respectful relationships training and resources at local schools and colleges

- Support local agencies to raise awareness of cyber safety

- Endorsement of the Municipal Association of Victoria - Preventing Violence against Women Leadership Statement.


4. Community Health and Wellbeing: A City of people leading healthy and happy lives

4.2 Address health inequalities in our community

4. Financial Considerations The Preventing Violence against Women and their Children Strategy and Action Plan 2013-2016 outlines key resources required to support implementation of the actions. These resources are catered for in the existing Council budget.

5. Consultation/Public Submissions The Preventing Violence against Women and their Children Strategy and Action Plan 2013-2016 were informed by extensive community and stakeholder consultation.

6. Risk Analysis Failure to address violence against women and their children through a strategic local level approach poses the risk of increased and ongoing impacts on the health and wellbeing of the community, and in particular women and children.

7. Options Nil

LIST OF APPENDICES Nil


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11.10 MUNICIPAL ASSOCIATION OF VICTORIA PREVENTION OF VIOLENCE AGAINST WOMEN LEADERSHIP STATEMENT

Author: Adamu Tefera- Acting Community Health & Wellbeing Planner Presenter: Maurie Heaney- General Manager Community Services

PURPOSE OF REPORT To present the Municipal Association of Victoria Prevention of Violence against Women Leadership Statement for Council’s consideration.

RECOMMENDATION: That Council endorse the Municipal Association of Victoria Prevention of Violence against Women Leadership Statement as presented at Appendix 1.

REPORT

1. Executive Summary In November 2013, Council endorsed the Preventing Violence against Women and their Children Strategy and Action Plan 2013-2016. A key initiative within the Action Plan is the endorsement of the Municipal Association of Victoria (MAV) Prevention of Violence against Women (PVAW) Leadership Statement, presented at Appendix 1.

2. Background/Issues In November 2013, Council endorsed the Preventing Violence against Women and their Children Strategy and Action Plan 2013-2016, which includes a commitment to endorse the MAV PVAW Leadership Statement. The MAV PVAW Leadership Statement represents a major component of the work undertaken by the MAV to build the capacity of the local government sector to prevent violence against women, and to foster leadership on this issue. As the arm of government closest to the people, local governments are ideally placed to address the causes of violence against women, positively affect change, role model gender equitable practices and contribute to the primary prevention of violence against women. The MAV PVAW Leadership Statement outlines the vision for Victorian local governments as “Australian women and their children live free from violence in safe communities.” Many Victorian local governments have endorsed the Leadership Statement. This report is seeking to add Melton City Council to the group supporting the initiative of the MAV.

By endorsing the statement, Council will be reaffirming its already strong commitment to the below strategies as outlined:


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1. Build relationships

Build informal relationships and formal partnerships to make the most of the broad range of Council activities and networks to influence community attitudes. Pursue various opportunities through working with schools, sporting groups, businesses, other councils and tiers of governments.

2. Stimulate and nurture leadership

Develop leadership at all levels and departments, to build expertise and capacity for reinforcing gender equity messages and behaviours.

3. Raise the profile of primary prevention

Communicating the causes of violence against women and the barriers to equality requires tailoring messages appropriate to the audience, both within Council and with the community.

4. Share the learning

Talking about the successes and challenges assists in refining your efforts, can lead to further opportunities, and deepen understanding and ownership of the issue.

5. Develop the workforce

Build the knowledge and skills of a broad cross-section of your Council to achieve organisation-wide capability and support for gender equality.

6. Normalise workplace discussion about gender equity

Initiate and promote conversations about the causes of violence against women, to help people understand the role we all have in addressing the problem.

7. Influence and adapt Council business

Putting primary prevention and gender equity into mainstream Council operations and practice promotes and supports respect and equity in the community. Continue to fine tune and examine your plans, policies and programs to embed real and lasting change.


4. Community Health and Wellbeing: A City of people leading healthy and happy lives

4.2 Address health inequalities in our community

4. Financial Considerations There are no financial implications associated with endorsing the MAV PVAW Leadership Statement.

5. Consultation/Public Submissions Extensive community consultation was undertaken in the development of the Preventing Violence against Women and their Children Action Plan 2013-2016, which includes the action, and therefore mandate, to endorse the MAV PVAW Leadership Statement.

6. Risk Analysis Should Council choose not to endorse the MAV PVAW Leadership Statement, there is a risk that it will undermine Council’s role and commitment in preventing violence against women.


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7. Options Nil.

LIST OF APPENDICES 1. MAV Prevention of Violence Against Women Leadership Statement


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11.11 PLANNING APPLICATION PA 2008/2070 - DEMOLITION OF A BUILDING (DIGGERS REST HOTEL) AFFECTED BY A HERITAGE OVERLAY CONTROL AT LOT 1 ON PS343396C, NUMBER 1434-1466 CALDER HIGHWAY, DIGGERS REST

Author: Steve Finlay- Coordinator Statutory Planning Presenter: Bob Baggio- Manager Planning and Environment

PURPOSE OF REPORT To consider a planning application for demolition of a building (diggers rest hotel) affected by a heritage overlay control at Lot 1 on PS343396C, number 1434-1466 Calder Highway, Diggers Rest.

RECOMMENDATION: That Council issue a Notice of Refusal for the above proposal on the following grounds:

1. The proposal is inconsistent with the State Planning Policy Framework, and in particular Clause 15.03-1 of the Melton Planning Scheme, since the proposal does not ensure the conservation of a place of heritage significance.

2. The proposal is inconsistent with the Local Planning Policy Framework, and in particular Clause 21.03-2 of the Melton Planning Scheme, since the proposal does not protect nor enhance a site of historical sensitivity;

3. The proposal is inconsistent with the objectives of the Heritage Overlay control affecting the land.

REPORT

1. Background

Executive Summary

Application No.: 2008/2070 Applicant: Diggers Rest Properties Pty. Ltd.

• This application has previously been deferred by Council at the March 2014 and subsequently the June 2014 meetings to enable further discussions with the landowners on the future redevelopment of the building. Although a number of such discussions have taken place during that period, there has been no recent discussion or actual proposal submitted for Council consideration. Therefore the previous report has been resubmitted for Council determination.

• The Diggers Rest Hotel was destroyed by fire on 30 October 2008. A previous planning permit (PA2008/2088) was issued on 9 January 2009 for the partial demolition of the Hotel and propping of walls to accord with a ‘make-safe’ emergency order issued by Council’s Building Department.

• It is now proposed to demolish the burnt out remains of the Diggers Rest Hotel in their entirety on the subject land.


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• The site is within the Green Wedge Zone and affected by the Heritage Overlay control and a Melbourne Airport Environs Overlay control under the jurisdiction of the Melton Planning Scheme.

• As a result of public notification of the application, three objections have been received.

• Since the receipt of this planning permit application, there have been numerous structural reports prepared for the remains, indicating that the remaining building is structurally sound.

• Council Officers have attempted to liaise with the owners of the property since the submission of the planning application, and have met with the owners to discuss potential re-development options for the site. The planning application was put on hold pending the submission of plans about potential re-development options for the site, and Council Officers have been awaiting the submission of such plans to progress the application, however, none have been forthcoming.

• Council has also previously received 64 joint letters seeking Council to issue an order to demolish the remaining structure on the land, or to determine planning permit application PA2008/2070 in favour of demolition.

• In addition to being encumbered by a Heritage Overlay control, the subject land is identified in Council’s Heritage Study as being worthy of local historical significance.

• The use of land for a Tavern is prohibited by the Green Wedge Zone provisions of the Melton Planning Scheme. Any existing use right that the land enjoyed to be used as a Tavern has expired since the use has not been carried out for more than two years.

• The Schedule to the Heritage Overlay control in the Melton Planning Scheme allows for otherwise prohibited uses to be permitted, but this is on the basis that the Heritage place remains and the impact of the proposed use on the heritage place will not be detrimental to the heritage place. Demolition of the heritage place will not allow prohibited uses (such as a Tavern) to be permitted on the land, and other land use options are limited to those to the extent that they are permitted in the Green Wedge Zone and subjected to a planning permit from Council.

• The proposal is not considered to meet the relevant requirements of the Council’s Planning Scheme.

• Refusal of the planning application is recommended.

The Land and Surrounding Area The subject site has an area of 2.77ha and is located on the western side of the Calder Highway, just south of the Diggers Rest township. Other features of the site are as follows:

• The site is irregular in shape.

• The land contains the burnt out remains of the Diggers Rest Hotel, which was destroyed by fire on 30 October 2008. The remains are currently fenced off to prevent unauthorised access into the building.

• The remainder of the land that does not contain the remains of the Diggers Rest Hotel or fencing is vacant.

The surrounding area can be characterised as a mix of rural and residential land use and development. Land immediately to the south and west of the site consists of largely vacant rural land. Land to the east is the Calder Highway, and beyond that, the Calder Freeway, whilst land to the north is generally the approach into the Diggers Rest township, with the Punjel Drive residential area north-east of the site.


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Refer to Appendix 1 for a locality plan

The Application The application proposes demolition of the burnt out remains of the Diggers Rest Hotel, in its entirety.

Refer to Appendix 2 for plans of the proposal

Planning Controls The land is within the Green Wedge Zone and is affected by the Heritage Overlay (Schedule H043) control and the Melbourne Airport Environs Overlay (Schedule 2) control.

There are no permit triggers for the demolition under the requirements of the Green Wedge Zone or the Melbourne Airport Environs Overlay control.

Generally, proposals for demolition do not trigger the need for a planning permit, and this is reinforced by Clause 62.05 of the Melton Planning Scheme, which states that:

“A permit is not required for the demolition or removal of a building or works unless a permit is specifically required for demolition or removal.”

Owing to the presence of the Heritage Overlay control on the land, a planning permit requirement is triggered for demolition by Clause 43.01-1, which stipulates that a permit is required to demolish or remove a building. The purposes of the Heritage Overlay control are:

• To implement that State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies;

• To conserve and enhance heritage places of natural or cultural significance;

• To conserve and enhance those elements which contribute to the significance of heritage places;

• To ensure that development does not adversely affect the significance of heritage places; and

• To conserve specifically identified heritage places by allowing a use that would otherwise be prohibited if this will demonstrably assist with the conservation of the significance of the heritage place.

The following State policies are relevant to this proposal:

• 15.03-1 – Heritage conservation

In summary, this policy seeks to ensure the conservation of places of heritage significance. Specific strategies to achieve this objective include the need to:

• Provide for the conservation and enhancement of those places which are of, aesthetic, archaeological, architectural, cultural, scientific, or social significance, or otherwise of special cultural value;

• Encourage appropriate development that respects places with identified heritage values and creates a worthy legacy for future generations;

• Retain those elements that contribute to the importance of the heritage place;

• Encourage the conservation and restoration of contributory elements; and

• Support adaptive reuse of heritage buildings whose use has become redundant.

The Municipal Strategic Statement (MSS) outlines a number of visions and objectives for the municipality, with one of these objectives being the need “...to protect and enhance areas of environmental, historical and cultural significance and sensitivity.”


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2. Council Plan Reference and Policy Reference The Melton City Council 2013-2017 Council Plan refers to the need to manage our growth and to have a clear vision to connect and develop a sustainable City. To achieve these outcomes, Council aims to strategically plan for a well designed and built City. One of the strategies to achieve this objective (at Clause 1.1.4 of the Council Plan) is to:

“...Partner with stakeholders to take advantage of our local distinctiveness through the conservation, protection and enhancement of heritage features and places...”

3. Financial Considerations No Council related financial considerations are involved with the application.

4. Consultation/Public Submissions

Public notification of the application The application was required to be advertised. The advertising was satisfactorily completed, by sending letters to surrounding landowners, placing a sign on the land, and by placing a public notice in the Express Telegraph, and three objections were received, including from the Diggers Rest Residents Association.

The grounds of objection may be summarised as follows:

• The Diggers Rest Hotel is an iconic landmark that is part of the identity of Digger Rest; • A redeveloped Hotel on the site should be permitted that is sensitive to the historical

aspects of the previous hotel on the land; • It is imperative to retain something of the historical integrity of the Hotel; • Demolition is premature until proper structural assessments have been undertaken; • The building is architecturally and historically significant. Council has also previously received 64 joint letters from some residents of Diggers Rest, seeking to have Council issue an order to demolish the remains of the Hotel, or that Council approve planning application PA2008/2070 to allow for the demolition of the building. The basis on which these orders are sought are that the Hotel was destroyed by six years ago, and since that time, the burnt out remains have been left to rot and it is the belief of some residents that the current decaying structure is of no social or historical benefit to the community, and despite the fact that some ideas have been put forward to rebuild the Hotel, none of these suggestions have attracted the necessary interest to make them sustainable.

Referral of the application

Internal Heritage Advisor Based upon structural assessments indicating that the building is

structurally sound, is not supportive of demolition of the Hotel remains in their entirety, but is receptive to the possibility of a rebuild using the remaining historical fabric.


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External Heritage Victoria Advised that the Diggers Rest Hotel is identified in the Shire of

Melton Heritage Study as having architectural significance at the local level, and historical significance at the state level. Also provided context to the historical significance of the site and recommended that an appropriately qualified heritage consultant should be engaged to assess and record significant materials and construction of the hotel prior to any demolition. It was also recommended that Council consider the development of a heritage interpretation scheme for the site, which details the significance of the Hotel, and that it may also be possible for the footings or the footprint of the goldfields hotel to be retained, interpreted and presented together with details of the places history.

National Trust The Diggers Rest Hotel is not registered by the National Trust, however it was included in an advocacy project focusing on ‘unloved’ heritage places.

5. Issues

Planning Assessment The Diggers Rest Hotel was destroyed by fire on 30 October 2008. A previous planning permit (PA2008/2088) was issued on 9 January 2009 for the partial demolition of the Hotel and propping of walls to accord with a ‘make-safe’ emergency order issued by Council’s Building Department. The owner of the land has now sought a planning permit for the demolition of the remains of the Diggers Rest Hotel in their entirety.

The subject land is affected by a Heritage Overlay control in the Melton Planning Scheme, which triggers the need for a planning permit for demolition, and the Diggers Rest Hotel is cited in the Shire of Melton Heritage Study – Stage 2 as having local historical significance. The statement of significance associated with the Diggers Rest Hotel, as outlined in Council’s Heritage Study contains the following summary of significance:

“The Diggers Rest Hotel, at 1434-1466 Calder Highway, Diggers Rest, constructed in 1854, is significant as one of the few Mount Alexander Road goldrush wayside hotels known to survive, and the only known surviving example of the many wayside hotels that were established between towns during the goldrush...” and “...is architecturally significant at a Local level. Although recently burnt and now in a ruinous state, it still demonstrates nineteenth century and interwar design qualities...

...The hotel is also histrorically important at the LOCAL level as the place after which the small township of Diggers Rest was almost certainly named.

The Diggers Rest Hotel, Calder Highway, is scientifically significant at a LOCAL level. The site has the potential to provide archaeological evidence that would contribute to the history of the goldrush era.

The Diggers Rest Hotel is socially significant at a LOCAL level as a place which is the recognised locally for its goldrush history, and valued as a place of recreation and community.

Overall, the Diggers Rest Hotel, Calder Highway, is of LOCAL heritage significance...” Refer to Appendix 3 for the full citation of the Diggers Rest Hotel as outlined in the Shire of Melton Heritage Study.


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At the time of the fire that destroyed the Hotel, the property was subjected to ‘interim’ heritage controls. Amendment C71 to the Melton Planning Scheme then sought to apply the more permanent heritage controls that affect the land today. Following the fire, the owner of the land made a submission to the Panel associated with Amendment C71, which opposed the inclusion of the Diggers Rest Hotel in the Heritage Overlay, arguing that due to the fire, it was no longer appropriate or required that the site be subjected to a Heritage Overlay control, and that the building was structurally unsound and needed to be demolished. In determining to recommend that the Heritage Overlay be applied to the site, after the fire, the Panel appointed to consider submissions in relation to Amendment C71 to the Melton Planning Scheme took into consideration the submission of the owner (who argued for demolition and no Heritage Overlay), Councils’ submission and also conducted an inspection of the Hotel in its’ ruinous state. The Panel observed that the walls were still standing and the details of construction of the masonry walls or the central two-storey section are clearly visible. The Panel considered that the hotel, even in its damaged state “...remains an historically important building...owing to its’ architectural and construction details providing architectural and historical interest, and the site is still of scientific interest in relation to the goldfields era and its history of social significance remains. The Panel ultimately recommended, and Council and the Minister for Planning agreed during the approval process of Amendment C71 that the site, even in its ruinous state is a place of heritage significance to the municipality and should be retained under the Heritage Overlay as a place of Local historical significance. Other than the passage of time, nothing has changed in relation to the site, or its level of historic significance. There have been a number of assessments done as to the structural integrity of the building, and the most recent assessment, done on 10 February 2014 has determined that the ruinous building is still structurally sound and that there is no impediment to its rehabilitation. Refer to Appendix 4 for the most recent structural report for the Diggers Rest Hotel.

As outlined above, there are a limited number of State and Local Planning Policies applicable to heritage issues. Notwithstanding, it is about quality and not quantity, and both the State and Local Planning Policy Frameworks of the Melton Planning Scheme seek to ensure the retention of places of historic significance. Council’s own Council Plan also seeks to conserve places of historic significance. To allow the demolition of the remains of the Diggers Rest Hotel would be contrary to both the State and Local Planning Policy Frameworks of the Melton Planning Scheme, and is also inconsistent with the City of Melton’s own Council Plan 2013-2017.

The Heritage Overlay affecting the property also has its’ objectives in trying to preserve places of historical significance. In this case, the presence of the Heritage Overlay benefits the owner of the land. Given that the land is in a Green Wedge Zone, which prohibits a tavern (Hotel), and any existing use right enjoyed by the Hotel has extinguished, owing to the passage of time since the fire, if not for the Heritage Overlay, a new application to rebuild a Hotel on the site would have to be refused by Council because it would ordinarily be prohibited by the Melton Planning Scheme. The presence of the Heritage Overlay allows prohibited uses to be established on the land utilising a specific control in the Melton Planning Scheme, related to the historical aspects of the heritage place. Clause 43.01-5 of the Melton Planning Scheme states that:

“...A permit may be granted to use a heritage place (including a heritage place which is included on the Victorian Heritage Register) for a use which would otherwise be prohibited if all of the following apply:


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- The schedule to this overlay identifies the heritage place as one where prohibited uses may be permitted;

- The use will not adversely affect the significance of the heritage place;

- The benefits obtained from the use can be demonstrably applied towards the conservation of the heritage place...”

The Schedule to the Heritage Overlay control in the Melton Planning Scheme identifies the site as one where prohibited uses may be permitted. The key aspect of this control in the Melton Planning Scheme is that the benefits from a prohibited use can be “...demonstrably applied toward the conservation of the heritage place...” If the demolition were allowed to proceed, such that no aspect of the heritage place were retained, then Clause 43.01-5 of the Melton Planning Scheme could not apply and the site would be limited to the scope of uses that are permitted within the Green Wedge Zone. If demolition was to occur, and a new application for a tavern (Hotel) was received, it would have to be refused by Council because such a use is prohibited by the Green Wedge Zone. If the intention is to re-build a new hotel on the site, then it is in the owner’s best interests that such a proposal seeks to include some aspects of the heritage place into the redevelopment proposal so that it can comply with the requirements of the Heritage Overlay control of the Melton Planning Scheme.

Objectors Concerns

In response to the grounds of objection to the demolition, these are generally about the historical aspects of the hotel, the significance of the heritage place and the need to carry out necessary structural assessments of the ruinous structure to ascertain the level of appropriateness to allow for the demolition.

The historical value of the hotel has already been outlined, and reiterated through the presence of the Heritage Overlay on the site, which was reinforced as being appropriate by the Panel recommendation associated with Amendment C71 after the Diggers Rest Hotel was destroyed by fire. Even in its ruinous state, the Diggers Rest Hotel still holds some historical significance at the local level.

There have been at least four structural assessments done in relation to the Diggers Rest Hotel since the fire, and each of these reports has generally concluded that the building is structurally sound and that there should be no impediment to its rehabilitation.

It is understood that the owner of the land was at some stage looking at proposals which sought to rebuild the Hotel on the site, and which retained a substantial part of the fire damaged building, including new additions. Council has previously met with and sent correspondence to the owner of the land seeking their intentions with regards to the site, including the need to submit plans of a redeveloped Hotel; however the owner has not been forthcoming with such plans.

Joint letters seeking demolition Council has previously received 64 joint letters from members of the Diggers Rest community, seeking Council to make an order to demolish the remaining building on the land on the basis that it is of no social or historical benefit to the community, and it has just been left to rot on the site. Whilst there is a large portion of the Diggers Rest community that are obviously frustrated with the lack of activity on the site (which is reflected in the 64 joint letters submitted to Council), the significance of the site seems to have been understated.

The land is clearly identified in the Shire of Melton Heritage Study as having historical significance, even in its ruinous state. The matter of the fire and the remaining buildings were considered by the Panel appointed to consider submissions related to Amendment C71 to


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the Melton Planning Scheme, and they considered that the “...hotel, even in its damaged state, remains an historically important building...” In adopting Amendment C71, Council and the Minister for Planning agreed at the time.

An options paper for the Diggers Rest Hotel has been prepared by HLDC Pty. Ltd. which gives a number of redevelopment options for the site, and Council Officers are prepared to work with the owner of the land to obtain a suitable outcome for the site, which seeks to rebuild the hotel, incorporating some of the historical aspects of the building into a re-development, however, no redevelopment plans have been forthcoming at this point in time. If the intention is to rebuild a hotel on the site, the demolition of the ruins cannot be allowed to proceed, since such a use is prohibited by the Green Wedge Zone. The presence of the Heritage Overlay and retention of the historical ruins is required to see a redeveloped hotel erected on the site. There is no structural impediment to the redevelopment of the site.

6. Options Council can either support the application by issuing a Notice of Decision to Grant a Permit or not support the proposal by issuing a Notice of Refusal.

7. Conclusion The application has been assessed against the State Planning Policy Framework, Local Planning Policy Framework, Zone and Overlay provisions and Clause 65 of the Melton Planning Scheme.

It is considered that the proposal generally does not comply with the relevant requirements of the Melton Planning Scheme.

Therefore, it is recommended that the application for demolition associated with planning permit application number PA2008/2070 be refused.

LIST OF APPENDICES 1. Appendix 1 - Locality Plan

2. Appendix 2 - Plans of proposal

3. Appendix 3 - Diggers Rest Hotel Heritage Study citation

4. Appendix 4 - Diggers Rest Hotel structural report


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11.12 ADVOCACY FRAMEWORK STATUS REPORT Author: Michael Tudball- Manager Economic Development & Advocacy

Presenter: Luke Shannon- General Manager Planning & Development

PURPOSE OF REPORT To provide Council with a status report on Council’s Advocacy Framework and Priority Themes and an analysis of State Election commitments to date.

RECOMMENDATION: That Council notes the report.

REPORT

1. Executive Summary In line with Council’s Advocacy Framework and Priorities attached is a status report (Appendix 1) of all activities currently underway in the area of Council’s Advocacy on behalf of the Community.

Highlights of State Government support this calendar year include:

• $5.1M into Bridge Road and Clarkes Road Community Hubs;

• $0.83M into Recreation facilities (Bridge Rd, Mt Carberry, Melton Rec, Reserve);

• $14M for Melton Community Ambulatory Care Centre;

• $32M for construction of Caroline Springs Train Station;

• $6.055 to complete Melton North West (Arnolds Creek) Primary School;

• $5.698 water-related projects for Water Authorities to deliver for the City.

Direct benefit to City of Melton – Labor Party commitments The Labor Party, if elected has committed to the removal of Melton Highway level crossing at Taylors Lakes which is the No. 1 Transport Priority advocated by Council under our Transport theme due to the impact on our residents commuting on this road.

They have also committed to build 11 new schools from, including eight in outer suburban, high growth areas. Labor’s plan for new schools in new suburbs is on top of the 13 school PPPs currently underway.

The $87 million plan will fund land purchase and construction of schools in some of the highest growing areas of the state, specific to City of Melton this includes Taylors Hill Senior School (Taylors Hill). It is understood to refer to Years 10-12 but this needs to be clarified in the detail of the commitment.

Indirect benefit to City of Melton – Labor Party commitments


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The Labor Party also committed to the following that broadly or specifically will benefit City of Melton residents, families and/or businesses:

• Education special needs plan to help teachers and schools care for our kids, with more training for teachers and a $10 million fund to make schools more inclusive

• require all newly built government schools, or schools undertaking planning works to provide facilities to accommodate the diverse needs of students

• committed to buy 20 new VLocity V/Line carriages as part of an multi-million investment into the public transport network

• Stage 1 covers $40 million for new VLocity V/Line carriages with additional funding in future years

• committed to build the Western Women’s and Children’s Hospital in Sunshine, with $200 million in funding. The five storey centre – specialising in services for families in the West – will bring care closer and allow for an extra 2,000 births a year, providing 237 beds, 39 special care nursery cots, four theatres and additional clinics

Direct benefit to City of Melton – Liberal National Coalition Following Council’s involvement in the Interface Council’s group and the launch of the Fairer Funding campaign the Premier announced a Liberal Party election commitment to help build stronger local communities and provide better infrastructure for growing municipalities through a $120M Growing Melbourne Package.

Indirect benefit to City of Melton – Liberal National Coalition The Liberal National Coalition also committed to the following that broadly or specifically will benefit City of Melton residents, families and/or businesses:

• an investment of more than $210 million to order 24 new VLocity railcars for V/Line, taking the fleet to 201 VLocity railcars to carry passengers on the Ballarat (Melton Service included) and other regional lines.

• committed support for families, with two new policy initiatives to reduce cost of living expenses including:

- A $100 rebate on kindergarten fees for every child attending kindergarten in the year before school. Rebate to apply each year for the next four years

- A commitment to increase the number of primary welfare officers to cover all state schools.

Other Advocacy Work and Successes Through Council’s involvement in the National Growth Areas Alliance (NGAA) Council was successful in 2 Federal Government programs namely, Suburban Jobs ($14M Western BACE) and Liveable Cities ($250K Toolern Train Station Feasibility).

Also with Council’s involvement with Lead West much work is underway on the key jobs theme and in particular the focus on re-training, re-adjustment and support packages for industry and individuals through both State & Federal Governments in response to the car manufacturing cessation in Victoria over the next few years.

It is important to note that at the time of this report the State Election is still 3 weeks away, Caretaker period is in place and many policies, announcements and specific commitments are being released daily.


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2. Background/Issues In April 2014 Council approved the Advocacy Policy a new policy document that defines Advocacy in the City of Melton context and specifies roles and responsibilities in our advocacy approach.

In June 2014 Council adopted an Advocacy Framework which was developed in conjunction with the policy and identified four key themes (below) with individual actions for advocacy aligned with the Council Plan to provide the ability to identify and develop appropriate advocacy strategies and actions to address community priorities.

Education, Skills & Local Employment With over 70% of the working population travelling out of the City every day local employment, skilling and education opportunities are paramount. In this context there is lack of investment into Primary & Secondary education in the City and uncertainty in the Tertiary and Local Learning & Employment Networks amongst other Government-funded initiatives thus leading to further pressures on Council.

Infrastructure development & partnerships

Council looks to develop partnerships for innovative delivery of key infrastructure such as schools, community hubs and regional recreation facilities through public private partnerships (PPP) and gaining a fair share of Growth Area Infrastructure Contributions (GAIC) and other investment pipelines from Government to support investment into growth areas that are absorbing the vast majority of Melbourne’s growth.

Community Health & Well-Being

A key focus of Council is to support an integrated and increased range of health-related services. This includes working on and advocating for locally-based mental health services, expanded primary care services and day surgery to free up waiting lists at major hospitals. Importantly support to individuals and families with special needs not only with appropriate services but universal access for local education, skills and employment. Also a particular focus since the Federal Government 2014 budget is advocating for continuing support for 15 hour kindergarten programs that both Council and community have invested heavily in.

Transport provision & connections

Much planning work continues on the provision of increased and improved public transport and transport connections to keep our community moving. Council will continue to advocate for increased coverage and frequency of train and bus services, upgrading of State & Federal road networks and future provision of state-funded roads to support the network.

Priority Council also endorsed the Advocacy Priority for the next year to focus on Education Provisioning within the City.

Earlier Reports A report was provided to the Ordinary Meeting of Council held on Tuesday 21st October 2014 in response to Notice of Motion 382 Election Commitments outlining the written and verbal responses from meetings with all local Members of Parliament held as part of the Advocacy approach.



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2.5 Advocate in the best interests of our community and region

4. Financial Considerations No direct financial considerations for Council however if State and Federal Government support to local communities is not ongoing, Council will need to consider a response to delivery of such services and facilities into the future.

5. Consultation/Public Submissions Significant consultation has occurred with the Council and Community throughout the Council Plan process and direct consultation with Political representatives has occurred over the past 3 months as part of Councils Advocacy approach. The 1-page summary of the Policy, Themes and Priorities is attached for Councils information as Appendix 2.

6. Risk Analysis In the event of reducing Government support to services and facilities Council will need to consider alternatives to continue providing much needed services for the community.

7. Options That Council notes the report.

LIST OF APPENDICES 1. Advocacy Framework Status Report

2. Council Advocacy Overview


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11.13 EAST WEST LINK ROAD PROJECT Author: Charles Cornish- Strategic Infrastructure Engineer

Presenter: Luke Shannon- General Manager Planning & Development

PURPOSE OF REPORT To inform Council of the status of the East West Link road project.

RECOMMENDATION: That Council:

1. Receive and note the status of the East West Link road project.

2. Support the construction of the East West Link Project and the benefits it will bring to the City of Melton and the greater Western region, subject to the incoming Government addressing the community consultation concerns of Moonee Valley City Council in relation to impact on local roads in that municipality.

3. Write to the Premier, Minister for Transport, Opposition Leader and Shadow Minister for Transport advising of Council’s support for the project.

REPORT

1. Executive Summary The East West Link is an 18 kilometre cross-city road connection extending across Melbourne from the Eastern Freeway to the Western Ring Road. The East West Link will provide an alternative to the Monash-West Gate freeways for east-west travel. The contract to construct the Eastern Section of the East West Link has been awarded, with completion expected in 2019. The Western Section of the East West Link is in the detailed planning and approvals phase, with construction proposed to commence in late 2015.

The East West Link – Western Section project has been identified as one of a number of key transport projects required for the development of the Western Region in the Western Melbourne Transport Strategy 2012 – 2030. Completion of the Western Section supports strategic objectives for the Western Region and the City of Melton, it is also vital to the development of the Western Region to support the significant population and freight growth.

2. Background/Issues The East West Link is an 18 kilometre cross-city road connection extending across Melbourne from the Eastern Freeway to the Western Ring Road. The project will provide an alternative to the Monash-West Gate freeways for east-west travel. The East West Link was originally proposed in the report by Sir Rod Eddington – Investing in Transport 2008 for the previous Victorian Government.

The East West Link is to be delivered in two sections being the Eastern Section and Western Section.

Eastern Section


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The Eastern Section includes the construction of 6.6 kilometres of new freeway standard road, connecting the Eastern Freeway to the City Link toll road. The project comprises twin 4.4 kilometre three lane tunnels between the Eastern Freeway at Hoddle Street and CityLink, passing under Alexandra Parade, Princes Street, the Melbourne General Cemetery, Princes Park and Royal Park. Refer to Appendix 1 for a plan showing the alignment of the Eastern Section.

The Victorian Government has awarded the contract to build and operate the Eastern Section to East West Connect. East West Connect comprises Lend Lease, Bouygues, Acciona and Capella Capital, who will finance, design, construct, operate and maintain this road for a 25 year period.

Detailed design work and construction planning has commenced on the project, with the Government previously announcing that service relocation works and site establishment would start later this year, with the project due for completion in late 2019.

The Eastern Section project cost has been announced as $6.8 billion to deliver, with the State Government contributing $2 billion.

Western Section The Western Section of the East West Link is proposed to deliver a road link from the City Link toll road to the Western Ring Road, traversing through the Footscray area with a tunnel and through Tottenham and Laverton North with a surface road. Refer to Appendix 2 for a plan showing the alignment of the Western Section.

Detailed planning on the Western Section is now underway, including site investigations, design work, community engagement and a planning approvals process. Construction of the Western Section is expected to start by the end of 2015 and be completed by 2023.

The total project is forecast to cost $8-10 billion, with the Commonwealth Government to provide $1.5 billion towards the project. As contracts to construct this project have not been awarded, there is still uncertainty around the actual timing and delivery of the Western Section.

Western Melbourne Transport Strategy 2012 – 2030 The City of Melton contributed to the development of the Western Melbourne Transport Strategy 2012 – 2030, the development of the strategy being lead by Western Transport Alliance and LeadWest.

Key transport challenges of the western region were identified, along with priority projects which responded to the vision and strategic objectives for the region. The priority projects identified all contribute to the development of an integrated transport and land use system within the Western Region.

The priority projects identified in the Western Melbourne Transport Strategy being:

• East West Link (Western Section) • SmartRoads Growth Area Plan • Managed Motorways on the Region’s freeway system • Growth area arterial roads – corridor upgrades • Activity centre arterial road/rail grade separations • Seven Transit Network Development packages:

o Upgrading existing premium routes o Regional Rail Link package o Melbourne Metro / Melbourne Airport Rail Link package


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o Westgate Freeway Bus Rapid Transit package o Melton Rail Upgrade package o Avalon Airport Rail Link o Second CBD Rail Corridor Planning

• Bay West Port Study • Principal Freight Networks • Western Freight Activity Centre (incorporating Western Intermodal Freight Terminal and

Metropolitan Intermodal System) • Outer Metropolitan Ring Transport Corridor • Cycling Network Development From the priority project list the East West Link – Western Section project has been identified as one of a number key transport projects required for the development of the Western Region.

Strategic Assessment of East West Link – Western Section The East West Link – Western Section supports the following strategic objectives in the Western Region:

• Economic Development: Promotes opportunities for transport to support sustainable economic prosperity for the region

• Competitive Positioning: Sustains and develops the region’s competitive advantages through the design of the transport network

• Impact Reduction: Reduces the adverse impacts from transport operations on the region • Resilient alternatives: Provides improved transport alternatives to address changing

transport demands resulting from changes in land use and demographics • Freight: Provides an integrated freight system for the region In addition to supporting regional strategic objectives, the East West Link – Western Section provides the following local benefits to the City of Melton:

• Travel time from Melton and Caroline Springs to the city is forecast to be reduced by 10-15 minutes.

• Travel time for freight from Truganina to the Port of Melbourne is forecast to be reduced by 15-20 minutes per trip; and

• Facilitate major employment and investment opportunities as better transport access makes the west a more attractive location for businesses.

East West Link – Western Section Discussion The Western Section of the proposed East West Link is strategically more important than the Eastern Section. The Eastern Section will be dominated by private vehicles making trips to Melbourne’s CBD (VicRoads, 2011), a trip type that is ultimately more efficiently and effectively addressed by public transport.

By contrast, the Western Section is a freight corridor with substantial land use change potential, productivity and economic returns are potentially much larger. The Western Section is also an enabler of new strategies to make much better long-term use of the capacity provided across the barriers of the Maribyrnong and Yarra Rivers, additionally providing network resilience by offering a high capacity alternative to the West Gate corridor.

Completion of the East West Link – Western Section supports strategic objectives for the Western Region and the City of Melton, it is also vital to the development of the Western Region to support the significant population and freight growth.


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1. Managing our Growth: A clear vision to connect and develop a sustainable City

1.5 Support a transport system that connects and moves our community

4. Financial Considerations This road project will benefit the Melton community and local economy. The Western Section of the East West Link will provide a link from the Eastern Freeway to the Western Ring Road, providing an alternative to the Monash-West Gate freeways for east-west travel. This link is estimated to reduce travel times between Melton and the city, benefiting the community and freight.

The delivery of this new arterial also has the potential to stimulate further growth within the municipality for employment and investment opportunities as high quality arterial road linkages make the area an accessible location for businesses.

The project is also estimated to provide 3000 jobs during the construction phase and potentially benefit businesses located within the municipality, including in the area of concrete prefabrication for bridge elements.

5. Consultation/Public Submissions It is not considered that there is any need to prepare a submission to the State Government regarding this project at this stage. As the Western Section is in the detailed planning and approvals phase, Council should monitor the process and review opportunities to make submissions.

6. Risk Analysis The Western Section of the East West Link is located within the municipalities of Melbourne, Maribyrnong and Brimbank and consequently there are no risk issues associated with this project for Council.

7. Options The East West Link was originally developed in the report by Sir Rod Eddington – Investing in Transport 2008 for the previous Victorian Government. The proposed project will deliver the full connection to the Western Ring Road / Deer Park Bypass as recommended by Eddington in one stage, which will provide maximum benefits to the Western Region from the project. As this road project is located outside of the City of Melton there are no option considerations required.

LIST OF APPENDICES 1. Appendix 1 - Plan of Eastern Section of East West Link

2. Appendix 2 - Plan of Western Section of East West Link


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11.14 PETITION 2 - 4 SMITH STREET, MELTON Author: Ian Stewart- Manager Compliance


PURPOSE OF REPORT This report is pertaining to a petition received from the residents of 2 – 4 Smith Street, Melton in relation to issues residents are experiencing at the property.

RECOMMENDATION: That Council write to the first signatory of the petition advising them an agreement with the Department of Housing has been put in place to erect a boundary fence.

REPORT

1. Executive Summary Council received a petition on the 10 September 2014 from a number of the residents of 2 – 4 Smith Street, Melton seeking assistance in reducing the continual invasion of the property by motor bikes and people walking their dogs as well as overflow from functions that are held on the adjoining property (Melton Senior Citizen Centre).

Council has held discussions with the owners of the property (Department of Housing), Councils Community Care and Inclusion Unit and the petitioner to discuss the issue. All parties agree that the best solution to overcome the issues is to erect a boundary fence to delineate between the properties.

2. Background/Issues The residents of 2 – 4 Smith Street, Melton have had on going issues with non related persons riding motor bikes through the property, persons walking dogs through the property and the animals defecating including the owners not picking up after their animals. There have been ongoing issues related to the functions held at the Senior Citizens Centre, located next door, and children being left to run through the housing estate unsupervised.

Following consultation with the author of the petition, Council has liaised with the Department of Housing to find an acceptable outcome for all parties. Part of the problem was that there is uncertainty about the where the exact boundary is to the users. During this consultation it was agreed that the best way to reduce this antisocial behaviour was to provide a physical barrier between the properties. Upon further consultation with Council’s Community Care and Inclusion Unit other options were discussed (Security, supervision, greater bonds for users etc). The most cost effective and best solution was to provide a fence to provide greater security to the residents of the housing estate.

Council has now put in place an agreement with the Department of Housing to fence the boundary between the two properties and this should be installed shortly.


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3. Diverse, Confident and Inclusive Communities: A culturally rich, active, safe and connected City

3.6 Create a safer community through building a sense of belonging and community pride

4. Financial Considerations Council would be responsible for paying half the cost of fencing its land this would be funded though its normal half cost fencing budget contained within the current years budget.

5. Consultation/Public Submissions Council has consulted with the property owner (Department of Housing), Council’s Community Care and Inclusion Unit and author of the petition. All parties agree the best solution is to provide a dividing fence.

Therefore endorsing the recommendation is considered consistent with the mandate provided by all parties consulted.

6. Risk Analysis There is no risk identified with delivering this initiative.

7. Options That Council:

1. Endorse the officer’s report as presented; or 2. Note the report and resolve not to proceed with the recommendation.

LIST OF APPENDICES 1. Petition received from the residents of 2 – 4 Smith Street, Melton


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12. REPORTS FROM DELEGATES APPOINTED TO OTHER BODIES


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13. COUNCILLOR REPRESENTATIONS AND ACKNOWLEDGEMENTS

13.1 RECORD OF ASSEMBLY OF COUNCILLORS IN ACCORDANCE WITH SECTION 80A(1) OF THE LOCAL GOVERNMENT ACT 1989

• 5 November 2014

• 11 November 2014

RECOMMENDATION: That the Record of Assembly of Councillors attached to this Agenda dated 5 November and 11 November 2014 be received and noted.

LIST OF APPENDICES 1. 5 November 2014

2. 11 November 2014

ORDINARY MEETING OF COUNCIL Item 13.1 Record of Assembly of Councillors in Accordance with

Section 80A(1) of the Local Government Act 1989 Appendix 2 5 November 2014

18 NOVEMBER 2014

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RECORD OF ASSEMBLY OF COUNCILLORS Section 80A(1) of the Local Government Act 1989

ASSEMBLY DETAILS:

Meeting Name: Assembly of Councillors

Meeting Date: 5 November 2014 Time: 6.25pm

Councillors present: (delete as appropriate)

Cr S Ramsey (Mayor) Cr N Dunn (Deputy Mayor) Cr R Cugliari Cr M Matalewski Cr B Turner

Officers present: (name & title)

Mr K Tori, Chief Executive Officer Mr P Bean, General Manager Corporate Services Mr M Wilson, Acting General Manager Community Services Mr L Shannon, General Manager Planning & Development Services Ms L Mellan, Coordinator Strategic Planning Mr M Milbourne, Senior Strategic Planner Mr D Calagari, Manager Capital Projects

Apologies: (name & title)

Cr L Carli Cr K Majdlik

Matters discussed: 1. Quarterly Capital Works Progress

2. Integrated Transport Strategy Briefing

3. Rates Strategy Briefing

4. Councillor Discussion

(a) Mayor & Chief Executive Weekly Meeting

CONFLICT OF INTEREST DISCLOSURES:

Were there any conflict of interest disclosures by Councillors? No

Matter No. Councillor making disclosure Councillor left meeting (Circle/delete as appropriate)

REPORT PRODUCED BY:

Officer name: Mr P Bean Date: 5/11/2014

ORDINARY MEETING OF COUNCIL Item 13.1 Record of Assembly of Councillors in Accordance with

Section 80A(1) of the Local Government Act 1989 Appendix 3 11 November 2014

18 NOVEMBER 2014

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RECORD OF ASSEMBLY OF COUNCILLORS Section 80A(1) of the Local Government Act 1989

ASSEMBLY DETAILS:

Meeting Name: Briefing of Councillors

Meeting Date: 11 November 2014 Time: 6.15

Councillors present: (delete as appropriate)

Cr S Ramsey (Mayor) Cr N Dunn (Deputy Mayor) Cr R Cugliari Cr K Majdlik Cr B Turner

Officers present: (name & title)

Mr K Tori, Chief Executive Officer Mr P Bean, General Manager Corporate Services Mr M Heaney, General Manager Community Services Mr B Baggio, Acting General Manager Planning & Development Services

Apologies: (name & title)

Cr L Carli Cr M Matalewski Mr L Shannon

Matters discussed: 1. Draft Agenda – Ordinary Meeting of Council

2. Mayor & Chief Executive Weekly meeting

CONFLICT OF INTEREST DISCLOSURES:

Were there any conflict of interest disclosures by Councillors? YES

Matter No. Councillor making disclosure Councillor left meeting (Circle/delete as appropriate)

4 Cr Nola Dunn YES

REPORT PRODUCED BY:

Officer name: Peter Bean Date: 11/11/14


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13.2 PUBLIC ADDRESS BY EACH COUNCILLOR


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14. NOTICES OF MOTION

14.1 NOTICE OF MOTION 393 (CR CARLI) CHILD CARE EXPENSES Councillor: Lara Carli

Notice was given at the Ordinary Meeting of Council held on 21 October 2014 of my intention to the move the following motion at the Ordinary Meeting of Council to be held on 18 November 2014.

MOTION: That council officers prepare and provide a report to council at the next Council Meeting detailing the following- 1/ the amount paid to councillors individually for child care expenses from 2008 till present. 2/ which registered agency or private individual provided the service. 3/ Did they comply with the ATO Law by providing a Statement by a Supplier attached to the councillors reimbursement form. 4/ can the officers also report whether all claims for reimbursement were paid to any providers without a statement by a supplier form, and to which councillors did this apply too, and the amount.

1. Officer’s Comments Council’s website details Mayoral & Councillors expenses from 2009 till present. It should be noted that any report to Council should not contain ‘personal information’ (ie. Individual names/addresses of Care Providers) as defined in the Privacy and Data Protection Act 2014. Council only collect and use the information for the purpose it was collected/supplied and otherwise keep it secure. The reason personal information is supplied is for reimbursement purposes only.

Council’s Resource Support and Expenses of Councillors and Special Committee members policy applies to the Mayor, Councillors and appointed members of Special Committees of Council which provides guidelines for the provision of resources and support, and reimbursement of necessary out of pocket expenses which includes Councillor Caring Allowance.

Statement by a supplier form (reason for not quoting an ABN to an enterprise) became a requirement by the Australian Taxation Office in 2010. It is required when a supplier is not able to quote an ABN. You do not have to withhold an amount from a payment if the payment is $75 or less, excluding any goods and servies tax (GST), the supplier is an individual aged under 18 years and the payment does not exceed $120 a week, or, an individual has given a written statement stating that the supply relates to a private recreational pursuit or hobby or is wholly of a private or domestic nature for that supplier.

Declaration of any income earn’t is the responsibility of the provider and not Council.


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14.2 NOTICE OF MOTION 394 (CR RAMSEY) ROAD SAFETY AT THE INTERSECTION OF BARRIES & COBURNS ROAD MELTON

Councillor: Sophie Ramsey

I hereby give notice of my intention to move the following motion at the Ordinary Meeting of Council to be held on 18 November 2014.

MOTION: That Council request the Department of Justice to install a red light camera at the intersection of Barries Road and Coburns Road, Melton so as to improve road safety at this location.

1. Officer’s Comments Council has previously supported Victoria Police in their application for the provision of a red light camera at this intersection. The responsibility for the provision of red light cameras rests with the Department of Justice, which is a State Government agency. The eligibility of a camera site is determined by the “Fixed Road Safety Camera Selection Committee” which includes members from the Department of Justice, VicRoads and Victoria Police. Factors considered in determining the appropriateness of a site for a red light camera include; crash data, site specific information and the advice of Council, VicRoads and Victoria Police. Final signoff is ultimately required by the Minister for Police.

It is appropriate for Council to again formally request the provision of a red light camera at this location.


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14.3 NOTICE OF MOTION 395 (CR MAJDLIK) NOTICES OF MOTION PROCESS Councillor: Kathy Majdlik

I hereby give notice of my intention to move the following motion at the Ordinary Meeting of Council to be held on 18 November 2014.

MOTION: That, effective immediately, all future Notices of Motion including Amendment Notices of Motion that may be carried and then become the substantive Motion, be treated as a ‘Call for a Division’ of Council by the Chairperson after the vote has been taken and recorded in the Council minutes as such.

1. Officer’s Comments Councils Meeting Procedure Local Law does not provide for this function to occur after the determination of every Notice of Motion. There are no issues should Council chose to adopt this position and a process will need to be established to accommodate this.


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15. COUNCILLOR’S QUESTIONS WITHOUT NOTICE

16. MOTIONS WITHOUT NOTICE

17. URGENT BUSINESS


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18. CONFIDENTIAL BUSINESS

Procedural Motion That pursuant to Section 89(2) of the Local Government Act (1989) the meeting be closed to the public to consider the following reports, that are considered confidential for the reasons indicated

18.1 Municipal Audit Committee Minutes Confidential Items This report is confidential in accordance with s89(2)(f)as it relates to matters relating to legal advice.

18.2 Appointment of Independent Audit Committee Members This report is confidential in accordance with s89(2)(a)as it relates to personnel matters.

18.3 Tender report - stationary, copy paper, IT consumables and office machines This report is confidential in accordance with s89(2)(d)as it relates to contractual matters.

18.4 Tender report - provision of telecommunication services and hardware - TC4322-2013 This report is confidential in accordance with s89(2)(d)as it relates to contractual matters.

18.5 Awarding the provision of kindergarten services contract for Bridge Road Children’s and Community Centre This report is confidential in accordance with s89(2)(d)as it relates to contractual matters.


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Procedural Motion That the meeting be opened to the public.

19. CLOSE OF BUSINESS