Banyule City Council 16 February 2015 Agenda

Ordinary Meeting of Council

Council Chambers, Service Centre

275 Upper Heidelberg Road, Ivanhoe

16 February 2015 commencing at 7.45pm

Following the public forum commencing at approximately 7.30pm and may be extended to 8pm if necessary.

AGENDA

The Mayor’s Acknowledgement of the Wurundjeri People “Our Meeting is being held on the traditional lands (country) of the Wurundjeri people and I wish to acknowledge them as the traditional owners and pay my respects to their Elders.”

Apologies and Leave of Absence Nil

Confirmation of Minutes Ordinary Meeting of Council held 2 February 2015

Disclosure of Interests Nil

Presentaion A presentation on the Graffiti Management Strategy will take place at item 4.1

1. Petitions

1.1 Noise from Lovitt Technology at 207 Para Road, Montmorency .............................. 3

REPORTS:

2. People – Community Strengthening and Support

2.1 Real Opportunities, Real Jobs ................................................................................ 7

2.2 Time Out Youth Homelessness Pilot Project ........................................................ 10

3. Planet – Environmental Sustainability

AGENDA (Cont’d)

Ordinary Meeting of Council - 16 February 2015 Page 2

3.1 Banyule Environment Advisory Committee - Review of Terms of Reference ............................................................................................................ 15

4. Place – Sustainable Amenity and Built Environment

4.1 Graffiti Management Strategy ............................................................................... 19

5. Participation – Community Involvement in Community Life

5.1 Appointment of Councillor to the Municipal Association of Victoria (MAV) Committee ................................................................................................. 25

6. Performance - Use Our Resources Wisely

6.1 Assembly of Councillors ........................................................................................ 27

6.2 Proposed General Local Law No. 1 (2015) ........................................................... 30

6.3 One Flintoff Project ............................................................................................... 36

7. Sealing of Documents

7.1 Sealing of Documents .......................................................................................... 39

8. Notices of Motion

8.1 Sport Facility Working Group ............................................................................... 41

8.2 Ivanhoe Primary School - On-Street Parking Review ............................................ 43

8.3 Alternative Names for the Mental Health Reserve in Bundoora ............................. 44

9. General Business

10. Urgent Business

Closure of Meeting to the Public That in accordance with Section 89(2) of the Local Government Act 1989, Council close the Meeting to members of the public and adjourn for five minutes to allow the public to leave the Chamber prior to considering the following confidential matter

11. Confidential Matters

11.1 Contractual matters

11.2 Matters which would prejudice the Council or any person

11.3 Contractual matters

Matters Discussed in Camera That all confidential matters and reports related to the above items remain confidential unless otherwise specified.

Closure of Meeting

1.1

Petitions


1.1 NOISE FROM LOVITT TECHNOLOGY AT 207 PARA ROAD, MONTMORENCY

Author: Karly Maurer - Health Services Co-ordinator, Community Programs

Ward: Bakewell

File: F2015/3

EXECUTIVE SUMMARY A petition with 46 signatories has been received regarding noise emitted from Lovitt Technologies to neighbouring residents. The petition prayer is as follows: To the Mayor and Councillors of the Banyule City Council. We the undersigned, residents and ratepayers of Bakewell in the City of Banyule wish to bring to the attention of Council, unreasonable noise entering our homes during prohibited and non-prohibited times from Lovitt Technologies at 207 Para Road Montmorency and to a far lesser extent other buildings along the Plenty Rover Nature reserve. Lovitt Technology in particular emit noise from their manufacturing facility on a 24/7 basis. This noise has increased since the extensions were completed. This impacts of our health and wellbeing especially as it disturbs our sleep. We therefore request the Banyule Council visit Lovitt Technologies and carry out 24/7 investigations and whatever necessary, to have the above cease creating the objectionable noises that enters our residential area and contravenes The Environment Protection Regulations by penetrating our homes. Council cannot conduct the request stated in the petition. The above regulations cannot be applied to noise emitted from an Industrial premises. The primary piece of legislation governing Industrial noise is the State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade) No. N-1 (SEPPN-1). This policy can only be enforced by the Environment Protection Authority (EPA). Council has submitted on behalf of the affected residents a request to the EPA that they investigate the noise for compliance with SEPPN-1. The EPA have initially declined resulting in residents further submitted noise logs and complaints to both the EPA and Council. Council’s Health Services are in the process of organising a meeting between the affected residents, Council officers (Health and Planning) and a representative from the EPA to find a resolution to the matter. Considering that SEPPN-1 is the primary piece of legislation governing the noise levels emitted from Lovitt Technologies, the best outcome for the affected residents requires the involvement of the EPA to investigate and provide enforcement of the above policy if required.

1.1

Petitions

NOISE FROM LOVITT TECHNOLOGY AT 207 PARA ROAD, MONTMORENCY cont’d


RECOMMENDATION

That Council: 1. Receives and notes the petition. 2. Advocates on behalf of the affected residents by facilitating a meeting between

residents and the Environment Protection Authority which is the body responsible for investigating and providing enforcement of this matter.

OFFICER DECLARATION OF CONFLICT OF INTEREST

Section 80C of the Local Government Act 1989 requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter.

BACKGROUND

Lovitt Technologies manufactures equipment for commercial, aerospace and defence industries. Lovitt Technologies has been located at 201 - 207 Para Road Montmorency for a long period time before planning controls were introduced and has “existing use rights”. The residents affected by the noise have submitted a petition to Council stating it to be unreasonable and claiming it contravenes the Environment Protection (Residential Noise) Regulations 2008 which stipulates prohibited times of use for machinery and equipment. Both the Environment Protection Act 1970 Section 48A Unreasonable Noise and above regulations cannot be applied to this situation as they only apply to noise emanating from residential premises. Council initiated an investigation under the Nuisance Provisions of the Public Health and Wellbeing Act 2008, and determined that the noise from Lovitt Technologies was subject to compliance with State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade) No N-1 (SEPPN-1). The primary piece of legislation responsible for governing Industrial noise is SEPPN-1. This policy sets out Industry noise levels and limits in Victoria and is enforced by the Environment Protection Authority.

LOCALITY PLAN

Attached 1 - Map shows the location of Lovitt Technology and the area where the affected residents reside.

ADVOCACY

Council submitted a written request to the Environment Protection Authority (EPA) for an investigation into whether the noise from Lovitt Technologies was in compliance with SEPPN1.

1.1

Petitions

NOISE FROM LOVITT TECHNOLOGY AT 207 PARA ROAD, MONTMORENCY cont’d


The EPA’s initial response has been to categorise the noise as an “amenity issue” and to decline involvement in enforcing SEPP N-1 based on only receiving one noise report. Subsequent to this, Council informed the residents of this response and as a result the residents are lodging their noise logs and issues with both Council and the EPA.

HUMAN RIGHTS CHARTER

In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in this report. It is considered that the subject matter does not raise any human rights issues.

CURRENT SITUATION

The residents claim that the noise from the factory affects their ability to sleep and interferes with the use of their properties. Health Services is currently in the process of organising a meeting between the affected residents, Council representatives (Health and Planning) and a representative from the EPA. This meeting will provide an opportunity for Council to support residents with discussing their issues and asking questions directly to the EPA representative.

CONCLUSION

While Council cannot act directly upon the request in the petition submitted by the affected residents, Council is facilitating a meeting between stakeholders to facilitate discussion and advocate on the resident’s behalf that the EPA investigate the matter. Considering that SEPPN-1 is the primary piece of legislation governing the noise levels emitted from Lovitt Technologies, the best outcome for the affected residents requires the involvement of the EPA to investigate and provide enforcement of the above policy if required.

ATTACHMENTS

No. Title Page

1 Area affected by noise emitted from Lovitt Technologies 46

2.1

People – Community Strengthening and Support


2.1 REAL OPPORTUNITIES, REAL JOBS Author: Angela Johnson - Manager Human Resources, Corporate Services

File: F2014/492

EXECUTIVE SUMMARY

This report is in response to a Notice of Motion raised at the Council Meeting held on 18 August 2014, proposing the establishment of a program to provide opportunities for TAFE and university students from Banyule’s Indigenous and migrant communities. The objective of the program would be to provide an opportunity for participants to gain practical skills and work experience and include remunerated as well as voluntary placements, while ensuring the skills of individuals are not exploited. This report details Council’s endeavours to establish relationships with existing providers within the municipality that support employment and training for disadvantaged groups, as well as highlighting the work being done with Banyule Community Health to prepare for an indigenous employment program. The recently endorsed Multicultural Plan 2014-2017 submitted to Council on 15 December 2014 complements this endeavour and activities will be coordinated in this space.

RECOMMENDATION

That Council: 1. Note the actions to date in seeking to provide improved employment

opportunities and experience for Banyule’s indigenous and migrant communities, and

2. Endorse the formal coordination of the Multicultural Plan to achieve improved partnerships with community based registered training organisations to improve employment opportunities for indigenous and migrant community members.



CITY PLAN

This report is in line with Council’s City Plan key direction to “support people to achieve their economic potential”.

BACKGROUND

At the Council Meeting of 18 August 2014, Council resolved that a report be prepared for Council consideration on establishing a program that would provide opportunities

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REAL OPPORTUNITIES, REAL JOBS cont’d


for TAFE and university students from Banyule’s Indigenous and migrant communities to gain practical skills and work experience. It was also resolved that Council write to major employers, State Political Parties and community leaders to seek their support, feedback or input on such an initiative. Correspondence in line with Council’s resolution was sent to the above groups on 26 September 2014. No formal response has been received, however it should be noted that Austin Hospital and LaTrobe University are both well advanced with specific programs and initiatives for Indigenous employment.


In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in this report. It is considered that the subject matter does not raise any human rights issues. The nature of the resolution complements Council’s function to advocate and promote proposals which are in the best interests of the local community by aiming to assist people who have been socially, culturally and/or economically disadvantaged in accordance with Section 8 of the Charter.

CURRENT SITUATION

The activities that are currently underway in relation to Council’s resolution are detailed below:

Council Officers met with eFocus on 1 July 2014 to discuss the potential for employment and work experience opportunities for disadvantaged groups, in particular disabled employees, or migrant employees. eFocus is a community based, not for profit, organisation that is a registered training provider and seeks to provide training and employment assistance to disadvantaged community groups.

Council Officers met with CVGT Australia on 3 July 2014 to consider an employment entry program for migrant employees. CVGT Australia are also a not for profit registered training organisation with a broad focus that includes ethnic communities and people with a disability.

Council Officers met with Banyule Community Health Service (BCHS) on 4 September 2014 to discuss employment opportunities for Indigenous students or trainees.

In response to the meetings above, both CVGT Australia and eFocus have been encouraged to register for job alerts on Banyule’s eRecruitment system. They have also been advised that if appropriate vacancies come to their attention, via the Banyule careers website, that they may advocate on behalf of their candidates through communication with officers from the Human Resources team. While selection processes will be managed in accordance with S94C(a) of the Local Government Act 1989, which requires employment decisions be based on merit, Human Resources will, where appropriate, endeavour to provide an opportunity for interview at a minimum.

2.1


REAL OPPORTUNITIES, REAL JOBS cont’d


In terms of the BCHS, their current assessment of Banyule is that Council is not yet ready to effectively support an Indigenous employment program. However, BCHS will continue to liaise with Banyule to assist Council to become employment ready for Indigenous employees. This will involve increased cultural awareness across the workplace, establishment of relationships with Aboriginal Elders, development of strategies for sensitively dealing with cultural demands on Indigenous employees and the consideration of identified roles.

DISCUSSION

Council is not in a position to create new roles to support the above programs, and also needs to be mindful that in any employment decisions it has a legislated obligation to make appointments based on merit while at the same time providing for equal employment opportunities. However, Council can and will work constructively with the identified providers to improve access to job opportunities and work experience placements. Banyule has existing relationships established with Universities or Registered Training Organisations in relation to the small number of apprenticeships and student industry placements that are ongoing. It may take some time to place indigenous or migrant candidates, beyond that which is already occurring naturally. Consistent with the ‘Real Opportunities, Real Jobs’ resolution, Council recently endorsed the Multicultural Plan 2014-2017 which has committed to the following strategies under the Goal of Economic Participation:

Develop and promote inclusive employment practices

Explore initiatives and projects that contribute to increased employment opportunities for multicultural communities

Identify partnerships with community based and other service providers that improve employment and pathways to employment

Council’s Community and Social Planning Department has carriage of the Multicultural Plan and has engaged and is working with other relevant Council Departments, including Human Resources, to seek support for the strategies identified above in order to deliver tangible outcomes.

CONCLUSION

In line with Council’s resolution there have been a number of actions taken to support the proposal to develop a specific program to provide employment experience opportunities for TAFE and university students from Banyule’s Indigenous and migrant communities. With the adoption of the Multicultural Plan 2014-2017 in December 2014, the development of a program can now be coordinated with the implementation of the Multicultural Plan. This will include working with BCHS to become employment ready for Indigenous employees, and further developing relationships with CVGT Australia, eFocus and like organisations through increased engagement and advocacy for Indigenous and migrant job seekers within the municipality.

ATTACHMENTS

Nil

2.2



2.2 TIME OUT YOUTH HOMELESSNESS PILOT PROJECT

Author: Frances Gianinotti - Youth & Community Services Co-Ordinator,

Community Programs

File: F2013/658

EXECUTIVE SUMMARY

The Time Out Youth Homelessness Early Intervention project commenced in December 2012, with the initial 3 month period designated to the establishment of the service model, referral pathways and practice tools. Subsequently in April 2013 the Time Out service commenced providing individual support to young people experiencing homelessness and without independent living supports in place. The purpose of the Time Out service was to:

- stabilise young people’s informal ‘couch surfing’ arrangements, - support young people to remain connected to education/training and their local

community - prevent young people from having to enter the homelessness service sector.

Support provided to young people consisted of brokerage to stabilise informal accommodation arrangements, supported referrals to specialist support services and brokerage and information support to young people’s ‘host families’.

Over the course of the service’s operational period, Time Out supported 18 young people, their host families and/or family of origin. In addition, the service provided critical support and advice to internal service units and worked closely with community agencies, schools and organisations. Through work with young people and host families, Time Out identified gaps in information available to support young people living in informal arrangements. To address this, a series of resources were developed to assist host families and schools to support young people who are living away from home. The resources Living Out and The Learning Journey are being circulated throughout the local youth support network and the broader homelessness service system.

RECOMMENDATION

That Council endorses the publications Living Out and The Learning Journey developed as part of the Time Out project.



2.2


TIME OUT YOUTH HOMELESSNESS PILOT PROJECT cont’d


CITY PLAN

This report is in line with Council’s City Plan key direction to “provide services for people at important life stages”.



BACKGROUND

In response to strong research and advocacy from the Banyule and Nillumbik Youth Services Network, highlighting the need for added investment in support for young people experiencing homelessness, the Time Out project was supported by Council and funded through Council’s Capital Works Budget in 2012/13 and 2013/14.

The aim of the Time Out project was to develop and deliver a youth homelessness early intervention and prevention service targeted at young people experiencing early homelessness and without independent living supports in place. The purpose of the project was:

to identify a service model that responds to the needs of young people who are living out of home in informal care arrangements

to gather a body of research into the needs of this cohort of young people and the families that support them

to present the findings as a viable service model for the homelessness sector to address the needs of young people prior to entering the homelessness sector via crisis response.

SERVICE MODEL

The Time Out service model was established to provide a range of supports to address the needs of young people who were having early experiences of homelessness and were living in informal accommodation arrangements with ‘host’ families. The components of the Time Out service included:

Provision of short term brokerage support to young people who were living in informal care arrangements and without formalised supports in place to address their accommodation. Brokerage support was provided directly to the young person through provision of a myki card with credit and pre-paid phone credit where required. Brokerage was also provided to host families in the form of shopping vouchers.

Support needs assessment and supported referrals to appropriate services to meet young people’s individual needs and support goals.

Information support to ‘host’ families around rights and responsibilities and providing practical supports for young ‘couch surfers’. Supported referrals were also offered to host families where required.

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Building the capacity of local schools to identify and appropriately respond to the support needs of young people having early experiences of homelessness.

SERVICE OUTCOMES

The first three months of the Time Out project were allocated to the development of the service system model, research framework and the development of service tools. Time Out commenced providing client support in April 2013. In just over a 12 month period, the service received 23 referrals. Of these, 3 were outside of the scope of Time Out and were referred to other services; 2 referrals chose not to receive Time Out support, while 18 young people, their host families and/or family of origin received Time Out support.

Of the young people supported by Time Out support, 8 were able to return home, 2 young people moved to live with extended family on a long-term basis, 3 young people remained living informally with their host family, 2 moved into long-term independent living arrangements and two entered the homelessness service system. In percentage terms, 88.2% of young people supported by Time Out were able to access help without needing to access the homelessness crisis support system. This is a significant achievement for the Time Out service as all of the young people referred to Time Out were in need of significant supports to address unstable living arrangements at the time of referral. Without access to supports to stabilise their accommodation, all these young people risked accessing crisis accommodation services within the homelessness service system.

Over the course of Time Out’s operational period, data was gathered from host families about their experiences supporting a young person within their home. This data highlighted that host families required support to negotiate the significant impact ‘hosting’ a young person had on their household. Research also highlighted a gap in information available to support families providing informal care to young people.

To address this gap, the Time Out project developed a series of resources to support young people living in informal care arrangements.

The first resource, The Learning Journey provides local schools with practical information on how to support young people who are living away from home. This resource complements the Department of Education and Early Childhood Development’s publication Supporting children, young people and their families affected by homelessness. The Learning Journey is being made available to all secondary schools within the Banyule area.

The second resource, Living Out is a resource for families providing informal care to young people within their own home. Living Out provides practical information on host families’ rights and responsibilities towards young people as well as information on how to practically support young people who are living away from home. Living Out has received overwhelming positive feedback from the broader youth services sector.

In July 2014 Melbourne City Mission amended its Family Reconciliation and Mediation Program (FRMP) and Creating Connections Education Employment pathways (CEEP) funding to provide the avenue for generalist support workers, including Student Wellbeing Coordinators, to access respite and education support funding for young people having early experiences of homelessness. This important change means that student wellbeing coordinators are now able to access brokerage funding directly on young people’s behalf and then refer the young person directly to

2.2




a specialist service such as Reconnect. Importantly this cuts down on the number of workers young people have to ‘tell their story’ to and is a more efficient and respectful approach.

Importantly, the Family Reconciliation and Mediation Program (FRMP) has undertaken to provide Living Out to all families who are referred for respite brokerage support. This is a significant achievement for Time Out as the Living Out resource will be available to host families state wide.

CONCLUSION

The Time Out model of brokerage provision and supported referrals to specialist support services was a successful service model in diverting young people from the homelessness service system. However, young people often found it difficult to transition from receiving initial support from the Time Out worker to accessing a specialist service.

At the time of the commencement of the Time Out service, young people who were living in informal care arrangements with host families had limited access to financial supports to stabilise their accommodation and education/training unless they were receiving support from a specialist homelessness service. Time Out was able to provide support in a crucial gap in the service sector and thereby prevent young people from having to enter the homelessness service system.

Time Out has been able to successfully develop a series of resources to address a knowledge gap in the service system and through the provision of training to student welfare teams and the local youth support sector, has been able to increase local service sector capacity to support young people having early experiences of homelessness.

ATTACHMENTS

No. Title Page

1 Learning Journey booklet 47

2 Living Out booklet 67

3.1

Planet – Environmental Sustainability


3.1 BANYULE ENVIRONMENT ADVISORY COMMITTEE - REVIEW OF TERMS OF REFERENCE

Author: John Milkins - Environmental Sustainability Co-ordinator, City

Development

File: F2015/515

EXECUTIVE SUMMARY

The Banyule Environment Advisory Committee (BEAC) was established in October 1995. BEAC’s purpose is to provide advice to Council on matters relevant to Banyule’s environment. A Terms of Reference was developed at BEAC’s inception with consultation from its inaugural members. Since that time the Terms of Reference has not been substantively reviewed. This Report recommends the adoption of an updated Terms of Reference following a review and consultation process with BEAC. The recommendations would provide for consistency of operation of Council’s various Committees.

RECOMMENDATION

That Council: 1) Adopts the updated Banyule Environment Advisory Committee (BEAC) Terms

of Reference; 2) Advises BEAC of the adoption of the updated Terms of Reference; and 3) Places the updated Terms of Reference on its website.



CITY PLAN

This report is in line with Council’s City Plan key direction to “act as environmental stewards”.

BACKGROUND

The Banyule Environment Advisory Committee (BEAC) was established in October 1995 with its inaugural meeting in December 1995. BEAC’s purpose is to provide advice to Council on matters relevant to Banyule’s environment.

3.1


BANYULE ENVIRONMENT ADVISORY COMMITTEE - REVIEW OF TERMS OF REFERENCE cont’d


A Terms of Reference was developed at BEAC’s inception with consultation from its members. The Terms of Reference has not since been substantively reviewed (See Attachment 1). Council has recently formed a number of new advisory committees such as the Multicultural Advisory Committee and LGBTI Advisory Committee. In keeping with best practice it is prudent to review the operation of advisory Committees regularly to provide a consistency of operation across Council.


In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in this report. It is considered that the subject matter does not raise any negative human rights issues. It is considered that the Banyule Environment Advisory Committee enhances individual’s rights to Freedom of Expression as contained in section 15 of the Charter.

CONSULTATION

An independent consultant was commissioned to review BEAC’s operations and Terms of Reference. A desktop review was undertaken of other local government’s environmental advisory committees and their various terms of reference. A new draft of the Terms of Reference was developed and workshopped with BEAC (see Attachment 2).

DISCUSSION

Throughout the consultation process, a number of additions and changes were proposed for inclusion in the updated Terms of Reference: 1) Rephrasing of the role of BEAC to emphasise the advisory role of the

Committee.

2) Rephrasing of BEAC objectives to reflect alignment with City Plan priorities of Council.

3) Addition of process for Community Membership Recruitment with the change from annual recruitment to biennial recruitment cycle.

4) Addition of process for Community Membership resignation.

5) Change to earlier start and finishing timing for a 6 weekly meeting.

6) Change from Community Member Chair to Councillor Chair.

7) Addition of Code of Conduct statement for members to align with best practice.

8) Expansion of the Community members’ roles description for clarity.

3.1


BANYULE ENVIRONMENT ADVISORY COMMITTEE - REVIEW OF TERMS OF REFERENCE cont’d


BEAC was supportive of all of the amendments to the proposed Terms of Reference, excepting two points:

1) Proposed change to 6 weekly meeting from monthly meetings.

BEAC felt the regularity of the monthly meeting enabled members to have greater levels of attendance and attend to business in sufficient detail. Retaining the monthly meeting schedule is preferred. The updated Terms of Reference reflect a monthly meeting schedule.

2) Proposed change of Community Member Chair to Councillor Chair of the Committee.

BEAC members held varied views on this including:

support for the suggested change to a Councillor Chair

support for a Community Chair

Concern was expressed that a Councillor Chair may stifle conversation. A Councillor Chair was also seen as a positive to engage with Councillors on environmental issues. It is considered appropriate for a Councillor to Chair the Committee to hear BEAC’s advice and take it to Council. This brings BEAC into alignment with Council’s other advisory committees. The updated Terms of Reference assign the role of Chair to a Councillor or Councillor Representative.

LEGAL CONSIDERATION

The Banyule Environment Advisory Committee is considered an Assembly of Councillors as defined under section S80A Local Government Act 1989.

CONCLUSION

The updated Terms of Reference for BEAC have been prepared for Council consideration, following consultation with the Committee and a review of similar advisory committees within and beyond Banyule.

ATTACHMENTS

No. Title Page

1 Attachment 1 - Current BEAC Terms of Reference 91

2 Attachment 2 - Proposed BEAC Terms of Reference 2015 93

4.1

Place – Sustainable Amenity and Built Environment


4.1 GRAFFITI MANAGEMENT STRATEGY Author: Frances Gianinotti - Youth & Community Services Co-Ordinator,

Community Programs

File: F2015/497

EXECUTIVE SUMMARY

The Graffiti Management Strategy 2015-18 has been finalised and provides a framework for Banyule City Council to holistically address graffiti management across the municipality. As part of the process, a Graffiti Summit with key stakeholders was held in late 2013 and subsequent public consultation with the broader community took place in 2014.

Graffiti is defined as the marking of private property without permission. It negatively affects people’s perceptions of safety and the appearance of an area, and creates a large cost to various Council departments and the community for clean-up. While it is not possible to eliminate graffiti altogether, Council recognises that this is a community issue that must be addressed proactively and with a range of responses. Rapid removal, education and engagement with young people, the community and external stakeholders is integral to addressing the issue. Over the next four years, through this Strategy, Council is committed to continuing to provide leadership and coordination in addressing the challenges of graffiti across the organisation and externally within the community. It will continue its focus across the “Four E’s” strategic framework i.e. Eradication, Engagement, Education and Enforcement.

A four year action plan has been developed to ensure a strategic response and assist Council with continuous improvement and future planning.

RECOMMENDATION

That Council endorse the Graffiti Management Strategy 2015-2018 and four (4) year action plan.




In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the

4.1


GRAFFITI MANAGEMENT STRATEGY cont’d


recommendations contained in this report. It is considered that the subject matter does not raise any human rights issues.

CITY PLAN

The 2015-2018 Graffiti Management Strategy supports Council’s City Plan 2013-2017 in particular: ‘People: Community Strengthening and Support - to support and strengthen the health and wellbeing of the Banyule community’. The primary relevant key direction is:

Develop and promote safety and resilience in our community. “Place: Sustainable Amenity and Built Environment – Maintain and enhance the quality of Banyule’s public spaces, buildings and infrastructure for people who live, work, shop, play and move around in our city.’ The relevant key direction is:

Enhance Banyule’s public and open spaces.

BACKGROUND

Graffiti negatively affects people’s perceptions of safety, and it negatively affects the appearance of the municipality, making it look less clean than it actually is. Graffiti creates a large financial and labour burden on various Council departments, property owners, business operators and traders associations for the cost of clean-up and implementing prevention strategies. It is estimated that graffiti management costs Council approximately $345,000 per annum. The majority of this expenditure is spent across a range of departments to clean up graffiti. Through an array of responses and proactive initiatives, Council has achieved some measurable successes in addressing graffiti particularly in the past two years as follows:

Over 36,000 square metres of graffiti removed from public and private property,

The provision of 14 legal Street Art murals,

Five Street Art workshops/demonstrations at Community Events

Street Art Awards recognising legal artwork by street artists

Directing over 100 young people into diversionary programs

Increased graffiti removal kit take-up in the community – 220 in two years

Facilitating community art projects on Council and public assets to deter graffiti

There have also been challenges for Council in aiming to meet the range of interventions, community expectations and sometimes competing needs of stakeholders. Under the direction of Banyule’s City Plan, Council’s role in graffiti management is underpinned by the State Government’s legislation Graffiti Prevention Act 2007 which informs Council’s responses to when and where graffiti is removed.

CURRENT SITUATION

Council prioritises the prevention and reoccurrence of graffiti through rapid removal, education about illegality of graffiti, improved perceptions of safety in the community, reducing financial and social impacts, and providing early intervention opportunities.

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Council uses an evidence based approach to graffiti management in Banyule,

working holistically across four key areas, known as the “Four Es”. They are:

Eradication – Actively remove and deter graffiti in partnership with the community and stakeholders

Engagement – Engage the community and stakeholders in graffiti management

Education – Provide information and support to the Banyule community about graffiti management

Enforcement – Support processes that assist Victoria Police and Council in their enforcement roles.

Council works in partnership with a range of stakeholders including residents, Neighbourhood Watch, Department of Justice’s Community Correctional Services, Victoria Police, Trader Associations, young people and internally across various service units in Council.

CONSULTATION

In order to develop a strategic response to the current and emerging issues around graffiti, Council has consulted with the community, stakeholders and Council staff at a Graffiti Summit in October 2013. More than 60 participated on the day. Six main themes were identified:

Youth engagement;

Holistic approach the preferred solution;

Cost and resources to address the various issues;

Meaningful engagement of stakeholders;

Perceptions of community safety;

Communication. The main recommendations included:

That Council take a lead role and in a cross regional approach to the issues of graffiti;

That Council set up a one stop shop for reporting and accessing information on graffiti;

That Council lead a proactive early intervention and holistic approach to graffiti. In August and September 2014, a draft Graffiti Management Strategy and action plan was distributed to internal Council staff for comment. Subsequent changes took place to the draft at that time. In November, 2014, the final draft strategy and action plan was distributed to key stakeholders and community members as part of the public consultation process. This also included feedback opportunities on Council’s website through “Have your Say”. Six responses were received from the public consultations and stakeholder feedback. Overall, comments were positive about the direction of the strategy. Specific comments included the following:

Geographic places of concern were identified ie Buna Reserve, Heidelberg West, other areas in Macleod and Watsonia which required additional attention;

The need to gain more cooperation from utility companies for graffiti on their assets;

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Greater clarification around Council’s role with maintaining fences around public areas such as parks, sporting grounds, etc. and Council to be more proactive in this regard;

Updated statistical data on Dept of Justice Graffiti Removal Program;

A ‘one off’ whole of municipality graffiti removal exercise to eradicate all current and old graffiti;

Council officers also reviewed existing data and research including police reports and Council graffiti removal data, state and federal government policy direction and evidence of best practice across the “Four E’s”. It has reviewed and evaluated its activities to date, its successes and challenges.

STRATEGIC FRAMEWORK

The Strategy has been developed in response to the persistent presence of graffiti within Banyule. Graffiti is an ongoing concern to the general community and to Council and incurs substantial social and economic costs to the community. Council has developed a strategic framework, underpinned by a robust annual action plan. The Strategy will ensure the continuation of Council’s coordination and leadership roles in graffiti management, strengthening community partnerships and establishing effective measures for its success. The major focus of the Strategy involves a collaborative and sincere effort by all parties, including internal stakeholders within Council and external stakeholders across the community, to implementation of the action plan. Key actions within each of the four E’s of Eradication, Engagement, Education and Enforcement include the following: Eradication:

Supply free graffiti removal kits for residents, schools, traders and community groups.

Continue to eradicate graffiti from public spaces and Council buildings.

Investigate options for Council to have graffiti removed from private properties, including under the Graffiti Prevention Act 2007, and Council’s planning scheme.

Engagement:

Continue to engage with young people incorporating Street Art and other diversionary programs.

Support and promote art based programs on Council’s and externally-owned assets.

Education:

Review promotional materials and strengthen communication within the community about graffiti management;

Investigate a revised education program to target primary school aged children.

Enforcement:

Encourage and inform the community of the process of reporting graffiti to Victoria Police.

4.1




Participate in Council’s General Local Laws review around managing graffiti on private property.

Where appropriate, utilise Council’s planning scheme to direct removal of graffiti

The four year action plan has been costed against all activities. However, current resources allocated across Council do not fulfil all identified actions. The action plan has been structured to provide Council with guidance and priorities. The estimated costs are $425,000 for the first year and will be reviewed after the First Year Action Plan. Of this, $345,500 is delivered under current resources. Program costs may change after the first year dependent on whether initiatives and new programs are implemented, and responses from partner stakeholders. Council officers will continue to apply for external funding wherever possible as identified to support new initiatives.

CONCLUSION

The Graffiti Management Strategy 2015-2018 and associated action plan provides a strategic framework for Council’s continued role of coordination and leadership in tackling the ongoing problem of graffiti in the Banyule community. Under the four E’s of Eradication, Engagement, Education and Enforcement, a four year action plan has been developed that includes key actions and partnerships. Funding and partnerships for activities not currently funded will continue to be pursued as opportunities arise. Council will continue to adopt a long-term strategy for managing graffiti. The focus is for proactive programs and activities that aim to remove graffiti at its source and ideally fulfil Banyule’s vision for an ‘environmentally sound, liveable and prosperous city, sustaining a healthy and engaged community’.

ATTACHMENTS

No. Title Page

1 Graffiti Management Strategy 2015- 2018 98

5.1

Participation – Community Involvement in Community Life


5.1 APPOINTMENT OF COUNCILLOR TO THE MUNICIPAL ASSOCIATION OF VICTORIA (MAV) COMMITTEE

Author: Emily Outlaw - Council Governance Liaison Officer, Corporate Services

File: F2014/4054

EXECUTIVE SUMMARY

Annually Council appoints Councillor delegates and substitutes to the Council Advisory Committees and external Committees at its Mayoral Election meeting. At the meeting on 28 October 2014, one (1) delegate and three (3) substitutes were appointed for Municipal Association of Victoria (MAV) Committee. It has since been established a limit of one (1) substitute can be appointed for this Committee. This report is to appoint the substitute for the 2014/15 period until the next appointments to be held on 16 November 2015.

RECOMMENDATION

That Council appoint Councillor (to be appointed at the Meeting) as substitute for the Municipal Association of Victoria (MAV) Committee.



CITY PLAN

This report is in line with Council’s City Plan key direction to “advocate on behalf of our community”.

BACKGROUND

The following appointments were determined on 28 October 2014:

EXTERNAL COMMITTEES EXISTING

DELEGATE

EXISTING

SUBSTITUTE

Municipal Association of Victoria (MAV)

Provides leadership by supporting local governments

to achieve high levels of respect and recognition

through improved performance.

Cr Tom Melican Cr Jenny Mulholland

Cr Craig Langdon

Cr Mark Di Pasquale

5.1

Participation – Community Involvement in Community Life

APPOINTMENT OF COUNCILLOR TO THE MUNICIPAL ASSOCIATION OF VICTORIA (MAV) COMMITTEE cont’d


CLARIFICATION

Upon providing the above information to the Municipal Association of Victoria it was clarified that due to voting rights of delegates and substitutes, the MAV only allow one (1) delegate and one (1) substitute to be appointed.

ATTACHMENTS

Nil

6.1

Performance - Use Our Resources Wisely


6.1 ASSEMBLY OF COUNCILLORS Author: Cindy Ho - Governance Officer, Corporate Services

File: F2014/337

EXECUTIVE SUMMARY

Under the Local Government Act 1989 an Assembly of Councillors is defined as:

A meeting of an advisory committee of the Council, if at least one Councillor is present or; A planned or scheduled meeting of at least half of the Councillors and one member of Council staff which considers matters that are intended or likely to be:

a) the subject of a decision of the Council or; b) subject to the exercise of a function, duty or power of the Council that has been

delegated to a person or committee. In accordance with Section 80A of the Local Government Act 1989 Council is required to report as soon as possible to an Ordinary Meeting of Council a record of any assemblies of Councillors held. Below is the latest listing of notified assemblies of Councillors held at Banyule City Council.

1 Date of Assembly: 8 December 2014

Type of Meeting: Strategic Budget Briefing

Matters Considered: Strategic Budget

Councillors Present: Mark Di Pasquale Rick Garotti Craig Langdon Tom Melican Jenny Mulholland Wayne Phillips

Staff Present: Simon McMillan – Chief Executive Officer Allison Beckwith – Director Community Programs Scott Walker – Director City Development Keith Yeo – Director Corporate Services Geoff Glynn – Director Assets & City Services Peter Benazic - Manager Parks & Gardens Peter Utri – Manager Organisational Systems Tania O’Reilly – Manager Finance and Procurement

Others Present: Nil

Conflict of Interest: Nil

2 Date of Assembly: 2 February 2015

Type of Meeting: Councillor Briefing

Matters Considered: Items on the Council Agenda for the Ordinary Meeting of 2 February 2015 (excluding confidential items) as listed below:

2.1 Naming Options: Haig Street Development Site

6.1


ASSEMBLY OF COUNCILLORS cont’d


2.2 World Health Organisation Global Network of Age-friendly Cities

2.3 Outdoor Gym Equipment and Playgrounds Donaldson Reserve

5.1 Proposed Rainbow Ball 5.2 Multicultural Advisory Committee Meeting -

Minutes - 20/11/2014 5.3 Lesbian Gay Bisexual Transgender Intersex

(LGBTI) Advisory Committee Meeting - Minutes - 25/11/2014

5.4 Multicultural Advisory Committee and Lesbian Gay Bisexual Transgender and Intersex (LGBTI) Advisory Committee - Updated Terms of Reference

5.5 Banyule Age-friendly City Advisory Committee 6.1 Assembly of Councillors 6.2 Appointment of Councillor to the Municipal

Association of Victoria (MAV) Committee 6.3 Operating and Capital Financial Management

Report for Period Ended 31 December 2014 6.4 Tenancy 1 and Tenancy 2 460 Lower Heidelberg

Road Heidelberg - Proposed change of use 7.1 Sealing of Documents 8.1 State Election Commitments 8.2 Diamond Valley Relay For Life 2015

Councillors Present: Steven Briffa Mark Di Pasquale Rick Garotti Craig Langdon Tom Melican Jenny Mulholland Wayne Phillips

Staff Present: Simon McMillan – Chief Executive Officer Allison Beckwith – Director Community Programs Scott Walker – Director City Development Geoff Glynn – Director Assets & City Services Gina Burden – Acting Director Corporate Services Vivien Ferlaino – Acting Manager Governance and Communication Lisa Raywood – Manager Health & Aged Services Leanne Horvath – Coordinator HACC Service Delivery, Aged & Disability Theonie Tacticos – Team Leader Community & Social Planning

Others Present: Nil


3 Date of Assembly: 2 February 2015

Type of Meeting: Strategic Property Group Meeting - Confidential Briefing

6.1


ASSEMBLY OF COUNCILLORS cont’d


Matters Considered: Industrial Matters Contractual Matters Proposed Development

Councillors Present: Steven Briffa Mark Di Pasquale Jenny Mulholland

Staff Present: Scott Walker – Director City Development Jeanette Kringle – Property Coordinator Michael Hutchison – Coordinator City Development Projects Joseph Tabacco –Manager Property & Economic Development

Others Present: Nil


4 Date of Assembly: 7 – 8 February 2015

Type of Meeting: Councillor Strategic Planning Session

Matters Considered: Council vision and City Plan priorities and key Councillor priorities and associated timelines

Vision and strategic direction for Banyule City Council including opportunities for further efficiencies and agreed deliverables/ promotional plan.

Councillors Present: Steven Briffa

Mark Di Pasquale Rick Garotti Craig Langdon Jenny Mulholland Wayne Phillips

Staff Present: Simon McMillan – Chief Executive Officer Allison Beckwith – Director Community Programs Scott Walker – Director City Development Geoff Glynn – Director Assets & City Services Gina Burden – Acting Director Corporate Services Peter Utri – Manager Organisational Systems Tania O’Reilly – Manager Finance & Procurement (7 February 2015)

Others Present: Lydia Wilson - Facilitator


RECOMMENDATION

That the Assembly of Councillors report be received.

ATTACHMENTS

Nil

6.2



6.2 PROPOSED GENERAL LOCAL LAW NO. 1 (2015)

Author: Janice Richardson - Governance Officer, Corporate Services

File: F2014/1342

EXECUTIVE SUMMARY

Banyule City Council’s existing Local Law No. 1 (2005) – General Amenity ceases to operate on the 27 April 2015. As a result, this Local Law has undergone an extensive review and a new proposed General Local Law No. 1 (2015) has been developed. It is proposed that the new General Local Law No. 1 (2015) will commence operation when the existing Local Law No. 1 (2005) – General Amenity is revoked. Council resolved at its meeting on the 17 November 2014 to commence the prescribed statutory process outlined under section 119 and 223 of the Local Government Act 1989, and gave Notice of Intention to Make a Local Law. The giving of public notice provides the opportunity for members of the public affected by the proposed General Local Law No. 1 (2015) to make a written submission in relation to the proposed Local Law. Council is obliged, under section 223 of the Local Government Act 1989 to hear and give consideration to any submissions received in relation to the proposed General Local Law No. 1 (2015). The public were able to view the proposed General Local Law No. 1 (2015) on Council’s website and at Council’s Customer Service Centres. The submission period was from the 27 November 2014 and closed at 5.00pm on 30 January 2015. Council received two written submissions. One person has requested to speak on their submission at the Ordinary Meeting of Council on Monday 16 February 2015. Further, Council conducted two Public Meetings, wrote to Victoria Police, Traders’ Association representatives and dog clubs, received press and television coverage relating to one of the proposed Local Laws clauses and held a specific meeting with representatives of some of the Traders Associations during the consultation period. One trader from the Bell Street Mall and one trader from Olympic Village have indicated that they wish to speak at the Ordinary Meeting of Council on Monday 16 February 2015. The Ordinary Meeting of Council on Monday 16 February 2015 will provide affected persons an opportunity to be heard only.

RECOMMENDATION

That Council: 1. Receives and notes the submissions in respect of Council’s intention to make a

local law, General Local Law No. 1 (2015) in accordance with section 119 and 223 of the Local Government Act 1989.

2. At its Ordinary Meeting of Council (date to be determined) consider the

adoption of General Local Law No. 1 (2015).

6.2


PROPOSED GENERAL LOCAL LAW NO. 1 (2015) cont’d




CITY PLAN

This report is in line with Council’s City Plan key direction to “enable good governance and accountability with minimal risk”. Specifically, it meets the focus area of “5.3.1 Ensure our local laws are enforceable and deliver appropriate community benefit”.

BACKGROUND

Banyule City Council’s existing Local Law No. 1 (2005) – General Amenity ceases to operate on the 27 April 2015. As a result, this Local Law has undergone an extensive review and a new proposed General Local Law No. 1 (2015) has been developed. It is proposed that the new General Local Law No. 1 (2015) will commence operation when the existing Local Law No. 1 (2005) – General Amenity is revoked. At the Ordinary Meeting of Council on the 17 November 2014, it was resolved: “That: 1. Council endorses, in principle, proposed General Local Law No. 1 (2015),

proposed Local Law Community Impact Statement, Schedule 1 – Notice to Comply, Schedule 2 – Penalties, Appendix 1 – Template Assessments: New Local Laws Clauses, Appendix 2 – Template Assessments: Existing Local Law No. 1 (2005) – General Local Law and Appendix 3 – Human Rights Charter – Assessment of Compatibility;

2. Council commences the statutory process for the making of the proposed

General Local Law No. 1 (2015) and its associated documents; 3. In accordance with sections 119 and 223 of the Local Government Act 1989,

Council gives notice in the Government Gazette, the Heidelberg and Diamond Valley Leader and on Council’s website stating:

3.1 the purpose and the general purport of the proposed Local Law;

3.2 that a copy of the proposed Local Law, proposed Local Law Community

Impact Statement and associated documents can be obtained from Council offices, Council’s Libraries and from Council’s website;

3.3 that any person affected by the Local Law may make a submission

relating to the proposed Local Law under section 223 of the Local Government Act 1989, and submissions will be received from 27 November 2014 until 30 January 2015;

6.2




3.4 that copies of submissions (including submitters’ names and addresses) will be made available at the Council meeting at which the above proposal will be considered. Council is also required to make submissions available for public inspection for a period of twelve months.

4. In accordance with section 223 of the Local Government Act 1989,

submissions will be heard at the Ordinary Meeting of Council on Monday 16 February 2015.”

Following the Ordinary Meeting of Council on the 17 November 2014, Council gave Notice of its Intention to Make a Local Law in the Government Gazette (published on 27 November 2014), the Heidelberg and Diamond Valley Leader (published on 25 and 26 November 2014) and on Council’s website (with all relevant documents downloadable). All documents were available at Council’s three Customer Service Centres either for viewing or for collection by the public.



LEGAL CONSIDERATION

Section 119 of the Local Government Act 1989 provides that Council must give notice of its intention to make a Local Law in the Government Gazette and a public notice stating –

the purpose and general purport of the proposed Local Law

that a copy of the proposed Local Law and any explanatory document can be obtained from the Council office

that any person affected by the proposed Local Law may make a submission relating to the proposed Local Law under section 223 of the Local Government Act 1989

that a copy of the proposed Local Law

any explanatory document setting out prescribed details in relation to the Local Law is available for inspection at, and obtainable from the Council office during ordinary business hours.

Section 223 of the Local Government Act 1989 provides that Council must publish notice –

specifying the matter in respect of which the right to make a submission applies

containing the prescribed details in respect of that matter

specifying the date by which submissions are to be submitted, being a date which is not less than 28 days after the date on which the public notice is published

stating that a person making a submission is entitled to request in the submission that the person wishes to appear in person, or to be represented by a person specified in the submission, at a meeting to be heard in support of the submission

if a request for a submission has been made, the Council must—

6.2




- provide the person with the opportunity to be heard in support of the submission in accordance with the request at a meeting of the Council or of a committee determined by the Council

- fix the day, time and place of the meeting - give reasonable notice of the day, time and place of the meeting to each

person who made a request.

CONSULTATION

Public Meetings Council advertised and conducted two Public Meetings in the Council Chambers, 275 Upper Heidelberg Road, Ivanhoe, on:

Wednesday 17 December 2014 at 7.00-8.00pm

Wednesday 21 January 2015 at 7.00-8.00pm where officers gave a brief presentation and the public were invited to ask questions. No members of the public attended on the 17 December 2014 and 5 members of the public attended on the 21 January 2015. Written Consultation Council wrote specifically to the following organisations where it was considered they may be affected by the proposed General Local Law No. 1 (2015) and in order to raise awareness and prompt debate. The organisations were as follows:

Victoria Police

Banyule City Council Traders’ Associations

Banyule City Council Dog Clubs As a result of this correspondence, a meeting was held with the representatives of the various Traders’ Associations within Banyule City Council on Tuesday 20 January 2015. Media Coverage In December, Council received considerable press and television coverage over the proposed Local Law clause “Removal of Waste, Organic and Recycling Bins”. The general consensus from the talkback was that most people supported this clause. Feedback No correspondence or feedback has been received from the Victoria Police or the dog clubs. Feedback to [email protected] email address: 1. As a result of the media coverage over the placement of bins, one person

emailed in support of the local law clause requiring removal of the bins within 24 hours of collection.

mailto:[email protected]

6.2




2. As a result of the media coverage over the placement of bins, one person emailed objection to the local law clause requiring placement of the bins for collection no earlier than 3.00pm on the day prior to the day of collection.

3. One person emailed an objection to the General Local Law No. 1 (2015) on the

grounds that consultation over the Christmas/New Year period is an abuse of power.

Written Feedback: One letter has been received on behalf of traders based at the Bell Street Mall and the Olympic Village. The letter voiced concern about the greater challenges they faced in their businesses and would like the Footpath Trading Policy to reflect their particular economic conditions and the physical layout of their shopping precincts. The traders expressed concern about the Permit Fee structure and would like consideration for discounted permit fees. Officers are currently working through these concerns and will provide specific answers to the traders. The traders have also indicated that up to two traders wish to speak at the Ordinary Meeting of Council on the 16 February 2015.

SUBMISSIONS

Council has received two written submissions in accordance with section 119 and section 223 of the Local Government Act 1989 at the closing of submissions on the 30 January 2015. No submission objects to the General Local Law No. 1 (2015) as a whole document. The hearing of submissions has been scheduled for the Ordinary Meeting of Council on Monday 16 February 2015. One submission writer has requested to be heard at this meeting. The submitters have raised specific concerns, want clarification or have questions on some of the proposed Local Law clauses, the penalties applied and the Local Law Community Impact Statement. Officers are currently working through these concerns and questions and will provide specific answers to all submitters. Officers have prepared a summary document of the formal section 223 submissions, communications received via post and via email to [email protected] and other consultation held during the section 223 process from the 27 November 2014 to the 30 January 2015. This document is included in this report in Attachment 1. Councillors have received copies of all submissions.

CONCLUSION

The section 119 and 223 of the Local Government Act 1989 process has provided an opportunity for the community to provide submissions in relation to the proposed General Local Law No. 1 (2015). The Ordinary Meeting of Council on Monday 16 February 2015 will provide affected persons an opportunity to be heard only. One person has elected to speak on the proposed General Local Law No. 1 (2015) under section 223 of the Local Government Act 1989. A further two speakers from the Bell Street Mall and Olympic Village traders wish to speak on the proposed General Local Law No. 1 (2015). Following the Ordinary Meeting of Council on 16 February 2015, Council officers will prepare another report and recommendation, having regard to all of the submissions received and present this at a future meeting of Council, the date to be determined.

mailto:[email protected]

6.2




ATTACHMENTS

No. Title Page

1 Summary Document - Submissions, Communications & Other Consultation 127

6.3



6.3 ONE FLINTOFF PROJECT Author: Kate Chapell - Coordinator Greensborough Office Project, Corporate

Services

Ward: Bakewell

File: F2015/302

EXECUTIVE SUMMARY

One Flintoff is the project name which has been given to the proposed construction of three floor office building on top of WaterMarc to co-locate Council staff from three sites into one modern purpose built office at Greensborough. The purpose of the project is to better reflect Council’s corporate community image, increase productivity and save on operating costs. The building is also being designed to enhance community facilities in the area with additional meeting rooms and community spaces. Concept Designs have been completed and detailed design is well underway. Details of the design will be communicated to the community as part of the extensive communication plan to the many stakeholders in the Greensborough precinct. Council is currently seeking expressions of interest in order to shortlist suitably experienced and qualified building construction contractors that may be invited to submit a detailed tender. Council will determine on the final costs of the project at the completion of the tender process and as part of the 2015/16 Budget.

RECOMMENDATION

That Council note the progress of the “One Flintoff” project.



CITY PLAN

This report is in line with Council’s City Plan key direction to “develop and deliver best value services and facilities”.

BACKGROUND

As part of the Greensborough Structure Plan, Council committed to 11 key principles, one of which was the development of a civic presence in Greensborough. Council staff members are currently located across three main offices at Rosanna, Greensborough and Ivanhoe. At its meeting on 15 September 2014 Council resolved

6.3


ONE FLINTOFF PROJECT cont’d


to endorse the design of a civic office above WaterMarc to cater for Council staff and an array of associated community facilities. A three floor office building is proposed on top of WaterMarc to co-locate Council staff and provide commercial office lease opportunities. A mezzanine car park will also be built in the existing basement car park. As well as providing for the accommodation needs of Council staff, the development will also feature community/staff meeting rooms of various sizes, facilities and spaces for community functions, and councillor resource area. The relocation of Council staff is consistent with Council’s long standing vision, with its genesis 10 years ago, to renew Greensborough by creating a vibrant regional centre for commercial, residential and entertainment activity, including a new civic office. Council opened its major aquatic and leisure centre, WaterMarc, in September 2012 as the first stage of this project. WaterMarc was designed and constructed to cater for three additional floors and a mezzanine car park in the basement of the existing building. The colocation of staff, from three sites into one modern purpose built office at Greensborough, will better reflect Council’s corporate community image, increase productivity, and save on operating costs. The building is also being designed to enhance community facilities in the area with additional meeting rooms and community spaces.


In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited restricted or interfered with by the recommendations contained in this report. It is considered that the subject matter does not raise any human rights issues. The provision of modern, accessible civic facilities in the north of the municipality will enhance the community’s access to combined civic services with a presence and service centre remaining in the south.

CURRENT SITUATION

Council appointed Peddle Thorp Architects in February 2014 and the Concept Designs were completed in June 2014. Detailed design is well underway. Details of the design will be communicated to the community as part of the extensive communication plan and in consultation with many of the stakeholders in the Greensborough precinct. Expression of Interest (EOI) An EOI has been advertised on 14th February 2015 in order to shortlist a number of suitably experienced and qualified building construction contractors that will be invited to submit a detailed tender. Commercial Opportunities

6.3


ONE FLINTOFF PROJECT cont’d


The building design includes 2,200m2 of floor space that will be available for commercial leasing/rental income. Council Officers are developing a promotional program to develop interest in the Level 2 floor space and to determine the number of tenancies that may be required to deliver the best value for Banyule.

FUNDING IMPLICATIONS

The funding for this facility has been factored into Council’s Strategic Budget. Council will determine on the final costs of the project at the completion of the tender process and as part of Budget considerations for 2014/15.

CONSULTATION & COMMUNICATION

A Communications Plan is in place to ensure key stakeholders:

Are informed about all stages of the One Flintoff project

Are aware of its significance and benefits

Embrace and support the development With the Expression of Interest having been advertised, priority at this point is to communicate key construction timelines, Council’s intention to minimise disruption to local businesses and residents during this period, and the significant benefits this redevelopment will produce.

CONCLUSION

Council has made significant progress in the design of One Flintoff and is currently seeking expressions of interest in order to shortlist suitably experienced and qualified building construction contractors that will be invited to submit a detailed tender. Council will actively consult with many of the stakeholders in the Greensborough precinct and will communicate details to the community as part of the extensive communication plan.

ATTACHMENTS

Nil

7.1

Sealing of Documents


7.1 SEALING OF DOCUMENTS Author: Ellen Kavanagh - Governance Officer, Corporate Services

Ward: Olympia

File: BS040/010/002 & F2014/344

RECOMMENDATION

That the Common Seal of the Banyule City Council be affixed to the following: 1. Instrument of Authorisation for Planning Officers Sue Deylan, Janet Redgrave,

Susan Stearn and Thao (Julie) Pham and they be appointed and authorised as set out in the Instrument.

2. Licence between Banyule City Council and Haig Street Mews Pty Ltd for the

use of part of the land at 52 Haig Street, Heidelberg Heights until all necessary works and improvements are completed with regard to the public open space that is in accordance with the Section 173 Agreement related to the sale of the land.

The following documents require the affixing of the Common Seal of Council: 1

.

PARTY\PARTIES: Banyule City Council OFFICER: Ellen Kavanagh FILE NUMBER: BS040/010/002 DOCUMENT: Instrument of Authorisation BRIEF EXPLANATION:

Pursuant to section 24 of the Local Government Act 1989 a Council may appoint any person other than a Councillor to be an authorised officer for the purposes of the administration and enforcement of any Act, regulations or local laws which relate to the functions and powers of the Council. Officers who undertake the Statutory role of Planner and Planning Enforcement Officers require Authorisation pursuant to the Local Government Act and Planning and Environment Act. An authorised officer has the power to:

Demand the name and address of a person who has committed, or who the authorised officer reasonably suspects has committed or is about to commit, an offence against any Act, regulation or local law in respect of which he or she is appointed.

To enter land at any reasonable time and to enforce the Planning and Environment Act.

The Instrument of Authorisation requires the Council Seal for the following staff: Sue Deylan, Janet Redgrave, Susan Stearn, Thao (Julie) Pham and Taylor Gallagher

7.1

Sealing of Documents

SEALING OF DOCUMENTS cont’d


2

.

PARTY\PARTIES: Banyule City Council and Haig Street Mews Pty Ltd OFFICER: Michael Hutchison FILE NUMBER: F2014/344 DOCUMENT: Licence ADDRESS: 52 Haig Street, Heidelberg Heights WARD: Olympia BRIEF EXPLANATION:

The Licence is to allow use of the area at the development site designated as future public open space for the purposes of a construction site staging area (which includes site sheds, amenities, storage, car parking for all construction, trade and site staff), a sales office area and an area for the location of a future substation. The proposal will allow Metricon to develop the Haig Street site efficiently and effectively. It will assist neighbours and other local residents adjust to the construction period by providing off-street parking for workers at the site.

ATTACHMENTS

Nil

8.1

Notice of Motion


8.1 SPORT FACILITY WORKING GROUP Author: Cr Craig Langdon

Ward: Olympia

File: F2014/492

TAKE NOTICE that it is my intention to move:

“That 1. Council calls for a report giving consideration to establishing a Sports Facility

Working Group. The Sports Facility Working Group should conduct an audit of sports facilities in the municipality in an attempt to gain an overview of current and future needs. Consideration should be given to establishing sports precincts where more than one sport can be hosted. The audit should give consideration to:

the current condition of each facility;

the current usage of each facility;

the anticipated future usage of each facility including issues such as is the sport played at the ground growing or contracting;

its proximity to other sporting facilities of a similar nature, perhaps in adjoining municipalities, and whether joint usages had been explored;

disabled access; and

access for women's sport and separate facilities for umpires; The Group also give consideration to the:

Clubs ability to contribute in either cash or kind taking into consideration the socio-economic conditions of the area in which the facility is located;

likelihood of Sport Recreation Victoria funding;

likelihood of one of grants from either the State or Federal Government Grants or other funding streams.

current and future income without excessive rate rises. 2. Once a priority list has been developed by Council, it is open for public scrutiny

and public consultation to ensure transparency. 3. The Audit Report and the recommendations by the Working Group be prepared

for the next term of Council.”

Explanation Council has established a list of priorities for major Sporting Facility upgrades, namely, Simms Road, Cartledge Reserve, Ivanhoe Park and Telfer Reserve. Minor works have also been allocated to other facilities. It should be noted that not all Clubs or Facilities need major funding. Many Clubs need only minor works however are unaware of the process to receive funding. The proposed Working Group could ascertain what works are required.

8.1

Notice of Motion

SPORT FACILITY WORKING GROUP cont’d


A commitment to redevelop the four facilities were based on many of the requirements listed in the above motion but no formal process has been established. A recent visit to Simms Road highlighted how this facility was in poor condition due to the lack of an overall strategy. As Mayor and having visited Simms Road I had no knowledge of the age of the facility nor that the Club used two shipping containers as Change/Club Rooms. I only visited the site after the Council had outlined its plan for this term. Councillors have great knowledge of many of the sporting facilities within their Wards but not the overall City. Some Clubs are growing significantly and others are attracting more females in their particular sport. Disabled access and separate umpire rooms must be addressed. The Working Group could monitor this situation. Many master plans have been established over the years and many have been completed in total or in part and some not at all. It is noted that a report on the Yarra Valley Hockey Club facility did not refer to an original master plan that recommended a second pitch. The Club confirmed this fact. Councillors need more detailed briefings on sporting facilities which should include history, works required, future growth, etc. Last year when I was first elected Mayor I endeavoured to visit every sporting facility with Officers to ascertain myself the standard of the facilities Council provided. I noticed a number of issues requiring addressing however due to limited Council officer time the review was not completed. Officer time is a critical issue however it needs to be balanced with the need for Councillors to know the details of sporting facilities across the City.

CR CRAIG LANGDON OlympiaWard

ATTACHMENTS

Nil

8.2

Notice of Motion


8.2 IVANHOE PRIMARY SCHOOL - ON-STREET PARKING REVIEW

Author: Cr Craig Langdon

Ward: Olympia

File: F2015/128


That 1. The recent changes to parking restrictions surrounding Ivanhoe Primary, in

particular Ailsa Grove be reviewed taking in to consideration the needs of not only the residents of streets affected but the school including parents and staff.

2. The review also takes into consideration the effects that the new parking restrictions have had on nearby streets and car parks not included in part of the original review.

3. Further consultation occurs with the local residents from Lowe, Tate, Green and Ford Streets and Ailsa Grove and the Ivanhoe Traders Association.

4. A report be prepared for Council in April.

Explanation Recent changes to the parking restrictions have occurred in the streets around the Ivanhoe Primary School following a report to Council on the matter in December 2015. Concerns have been raised about the balance and timing of the installation of the new restrictions. The first week of school is also a difficult time as the school community settle into the routine of dropping off and picking up students, as well as school staff finding longer term parking. It is reasonable to continue to monitor and review how well the restrictions are working after a settling in period. As such this Notice of Motion calls for a report to be presented at a future Council meeting.

CR CRAIG LANGDON OlympiaWard

ATTACHMENTS

Nil

8.3

Notice of Motion


8.3 ALTERNATIVE NAMES FOR THE MENTAL HEALTH RESERVE IN BUNDOORA

Author: Cr Rick Garotti

Ward: Grimshaw

File: F2014/492


That: “1. Council investigate potential name changes to the Mental Health Reserve located on Greenwood Drive in Bundoora and report back to Council on the findings and potential next steps. 2. In undertaking the investigation Council officers work with the Ward Councillor to develop and distribute a survey to local residents that seeks their feedback on potential alternative names that have been raised by the community ”

Explanation On 22 January I had the pleasure of opening a new BBQ shelter at the Mental Health Reserve located on Greenwood Drive in Bundoora. This was a joint initiative between the Bundoora Rotary Club and the Banyule City Council. In consulting with members of the Bundoora Rotary Club and other local residents as part of this project I identified that there could be an opportunity to change the name of the reserve to better reflect its connection to the local area. Suggestions I have received include: - Greenwood Reserve - Greenwood Community Reserve - Greenwood Health & Wellbeing Reserve I believe it is appropriate to consult with local residents for their views and input on the suggested names.

CR RICK GAROTTI GrimshawWard

ATTACHMENTS

Nil

ATTACHMENTS

ORDINARY MEETING OF COUNCIL ON 16 FEBRUARY 2015 Page 45

1.1 Noise from Lovitt Technology at 207 Para Road, Montmorency

Attachment 1 Area affected by noise emitted from Lovitt Technologies ................. 46

2.2 Time Out Youth Homelessness Pilot Project

Attachment 1 Learning Journey booklet ................................................................ 47

Attachment 2 Living Out booklet ............................................................................ 67

3.1 Banyule Environment Advisory Committee - Review of Terms of Reference

Attachment 1 Attachment 1 - Current BEAC Terms of Reference ......................... 91

Attachment 2 Attachment 2 - Proposed BEAC Terms of Reference 2015 ............. 93

4.1 Graffiti Management Strategy

Attachment 1 Graffiti Management Strategy 2015- 2018 ....................................... 98

6.2 Proposed General Local Law No. 1 (2015)

Attachment 1 Summary Document - Submissions, Communications & Other Consultation......................................................................... 127

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Item: 1.1 Attachment 1: Area affected by noise emitted from Lovitt Technologies


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Item: 2.2 Attachment 1: Learning Journey booklet


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Item: 2.2 Attachment 2: Living Out booklet


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Item: 3.1 Attachment 1: Attachment 1 - Current BEAC Terms of Reference


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Item: 3.1 Attachment 1: Attachment 1 - Current BEAC Terms of Reference


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Item: 3.1

Attachment 2: Attachment 2 - Proposed BEAC Terms of Reference 2015


Banyule City Council

BANYULE ENVIRONMENT ADVISORY COMMITTEE

Terms of Reference 1. BACKGROUND 1.1 Banyule City Council is committed to involving residents in the development and

implementation of Council policy, goals and strategies relating to environmental and sustainability issues. A number of ways are employed to ensure this occurs including the establishment of an advisory committee.

1.2 The Banyule Environment Advisory Committee (BEAC) was established in December

1995 as a formal Council advisory committee to provide on-going community input to Council from residents committed to and concerned about a sustainable environment, particularly in relation to the development and implementation of strategic environmental documents and programs.

1.3 In 2014 a review of the BEAC terms of reference was held to ensure that the

Committee could operate effectively (provide timely and relevant advice), efficiently (with the best use of the available resources), and with a clear sense of purpose and task (with all members having a clear understanding how best to make their individual and collective contribution).

2. THE ROLE OF BEAC BEAC’s role is to provide feedback and advice to Council to support its work in developing and implementing long term environmental policy, goals and strategies, and in commenting on the achievement of these. 3. BEAC OBJECTIVES BEAC’s undertakes this role by 3.1 Providing advice to Council and Council officers on the development and

implementation of Council’s key environmental documents and initiatives including the Banyule Planet Environmental Policy and Strategy 2013-2017, periodic State of Environment Reports and other related plans, strategies and initiatives.

3.2 Responding to requests from Council for advice on environment matters.

3.3 Raising environmental issues of interest or concern for Banyule for information to and

consideration by Council. 3.4 Providing advice and feedback on the achievement of Council’s environmental policy,

goals and strategies. 3.5 Providing advice on the Council’s Environmental Sustainability Grants Program. 3.6 Working collaboratively with all members of BEAC including Councillors, Council

officers and community members to support Council to be aware of and to respond to current and emerging environment issues.

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4. COMMITTEE STRUCTURE 4.1 BEAC consists of up to ten members as follows.

Eight (8) community members who live, work or study in Banyule appointed by Council in response to public invitation for expressions of interest from persons committed to a sustainable environment. As far as possible community membership represents a balance of environmental interests, individuals and organisations, geography, age and gender.

One (1) Councillor (BEAC Chair) and, if required, a deputy appointed by Council.

One (1) Council officer to provide administrative support and operational advice. Other Council officers may attend meetings as required.

4.2 The term of appointment of community members is two (2) years with a maximum of

two (2) consecutive terms, unless no new appropriate nominations are received.

4.3 Retiring members are eligible to reapply for membership after one term of non-membership (i.e. two years after retirement).

4.4 Other persons, including previous BEAC members may be invited to attend meetings

to provide input based on their specialised expertise. 4.5 Membership and terms of appointment may be varied by resolution of Council. 5. COMMUNITY MEMBERSHIP RECRUITMENT 5.1 Expressions of interest are sought for BEAC community membership biennially (once

every two years) during February. Advertisements are placed with the Council’s website, Leader Newspapers and The Banner. Interested community members are asked to complete an Expression of Interest Application responding to the BEAC selection criteria which include demonstrated knowledge, understanding and commitment to the environmental and sustainability issues.

5.2 All applications are reviewed by Council officers to ensure diversity of membership.

Council officers then make recommendations to Council for approval. New members are appointed in May and attend their first meeting in June.

5.3 The induction of new members is supported by Council officers who supply relevant

background information, paperwork and opportunities to discuss the work of the Committee (See 8.2 below).

6. RESIGNATION 6.1 A member of BEAC may resign at any time. Notice of resignation is to be provided in

writing to the BEAC Secretariat. 6.2 Members of BEAC are deemed to have resigned if they fail to attend two (2)

consecutive BEAC meetings without prior notice.

6.3 If, at the end of a 12 month calendar period (10 scheduled meetings), any BEAC member has attended fewer than seven (7) meetings without leave of absence, then the member is retired.

6.4 Any member who resigns or whose membership is terminated, may be replaced by

Council. Invitations are sent to those people shortlisted during the most recent membership expression of interest round. Positions appointed through this process retire at the next membership round.

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7. MEETINGS 7.1 Meetings are held on the second Wednesday of the month between February to

November from 7.00 pm to 9.00 pm unless otherwise determined by BEAC. Meetings are held at the Rosanna Service Centre, 44 Turnham Avenue. Refreshments are provided from 6.30.

7.2 A quorum for BEAC is four (4) community members plus one (1) Councillor and one (1)

Council officer. Meetings without a quorum may hold discussions, but before these become BEAC formal advice, the notes of the discussions must be endorsed by the next quorate BEAC meeting.

7.3 An extraordinary meeting may be called by the Chair, by resolution of Council or by

written request to the Chair from six (6) or more of the community members. 7.4 Meetings are chaired by the Councillor or their representative. Meeting notes are taken

by the Council officers. 7.5 Meeting notes constitute the feedback and advice provided by BEAC to Council; on

occasions, a communication about a specific issue may be attached to the notes in the form of an addendum or accompanying letter from BEAC.

7.6 Community members may form informal working groups between meetings to develop

an idea or prepare an issue for presentation to BEAC. Such working groups are not serviced by Council officers.

7.7 BEAC members may be invited to environmental events and activities hosted by

Banyule City Council or requested to represent the Committee at Council dinners or meetings.

7.8 Where child care is required by BEAC members to attend meetings or events, Council

will reimburse associated costs subject to prior agreement from Council’s Environment Unit.

8. COMMITTEE MEMBER ROLES 8.1 The role of the Councillor/s on BEAC is to:

Chair the Committee

Attend as many meetings as possible and provide an apology or request leave of absence when unable to attend, or arrange for another councillor to act as their deputy.

Ensure they come prepared for the meeting having read the notes of the previous meeting, agendas and any other information relating to BEAC’s business, and they are as informed as possible about the context for the discussion.

Be aware of any issues that may present a conflict of interest and declare these to the meeting.

1

Act as a conduit for information from BEAC to Council and from Council to BEAC.

1 A conflict of interest may be actual, potential or perceived. This relates to circumstances where the member is,

or could be, directly influenced, or where it is perceived they might be influenced. All members should ensure personal or financial interests do not interfere with the performance of their role and should seek to ensure the interests of family members, friends or associates does not influence, or could be perceived to influence, their performance. Any actual or perceived conflict of interest should be declared at the meeting. If unsure about a possible conflict of interest, advice should be sought from the Committee.

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8.2 The role of the Council officers on BEAC is to provide administrative support to BEAC,

ensuring that the Committee runs smoothly and members are supported to fulfil their role. The officers are responsible for

Ensuring meetings are organised as required, agendas are prepared and appropriate papers sent out one week before meetings.

Ensuring that BEAC agendas include opportunities for discussion of the development of environmental policy and plans, of strategies under development as well as underway, of progress towards Council’s environmental goals and objectives, and of the identification of new and emerging issues.

Recording and circulating accurate notes within two weeks of the meeting.

Developing an annual or biannual work plan for BEAC.

Responding to queries from Committee members between meetings relating to the operation of BEAC and preparing responses to BEAC as required on matters of Council policy or practice. Requests for Council officers to do such work must be made with recognition of their job role and reporting requirements to Council management.

Managing the biennial membership process, and forwarding recommendations to Council regarding the appointment of community members.

Assisting new members to understand the role and function of BEAC and ensuring that they are provided with all relevant background information and support before joining the Committee. Such background should include the Banyule City Plan, the Planet Policy and Plans and the Annual Report on the State of the Environment.

8.3 The role of the BEAC chair is to:

Start and end meetings on time.

Ensure the meeting is quorate.

Follow Council procedures regarding declaration of conflict of interest2.

Ensure all items on the agenda are covered, discussions are focussed, all BEAC members participate and that a respectful atmosphere of collaboration and co-operation prevails.

Assist the Committee to come to a consensus position on advice, or ensure that when divergent views are held and consensus cannot be achieved, this is noted.

Where relevant, ensure that discussions conclude with agreement on appropriate follow on actions.

Ensure BEAC reviews its work on a regular basis and especially at the end of its two year cycle.

8.4 Community members are an essential and valued part of BEAC. Their role is to

Attend as many meetings as possible and provide an apology or request leave of absence when unable to attend.

Ensure they come prepared to provide advice to the meeting having read the notes of the previous meeting, agendas and any other information relating to BEAC’s business, and that they are as informed as possible about the context for the discussion.

Be aware of any issues that may present a conflict of interest and declare these to the meeting

3.

2 For Councillors: http://www.banyule.vic.gov.au/Council/Councillors/Role-of-Councillors-and-Councillor-Code-of-

Conduct For Council officers: Banyule Staff Code of Conduct 3 See note 2 above

http://www.banyule.vic.gov.au/Council/Councillors/Role-of-Councillors-and-Councillor-Code-of-Conduct

http://www.banyule.vic.gov.au/Council/Councillors/Role-of-Councillors-and-Councillor-Code-of-Conduct

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Provide advice and information, respond to and initiate discussions that draw on their knowledge, expertise and experience and their community links.

Be aware that whilst BEAC’s advisory role is valued by Council; BEAC is not a decision-making body.

If contacted by the media for comment on environmental or Council issues, they may speak as residents but not as members of BEAC.

8.5 All members play a role in ensuring BEAC works as well as possible. This means that they:

Participate in discussions at BEAC in a respectful and collaborative manner with awareness of the relative roles and responsibilities of the different members of the Committee i.e. as Councillors, Council officers and other community members.

Demonstrate a commitment to keeping to time.

Are aware that Councillors and Council officers are required to act within the relevant Code of Conduct that applies to them. These codes ensure compliance with all relevant legislative and internal requirements, performance at the highest standards, avoidance of any form of conduct that may bring the Council, Councillors or themselves into disrepute. In particular, this involves being aware of and taking appropriate action in relation to potential conflicts of interest.

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Item: 4.1 Attachment 1: Graffiti Management Strategy 2015- 2018


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Item: 6.2 Attachment 1: Summary Document - Submissions, Communications & Other Consultation


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