Banyule City Council 23 March 2015 Ordinary Meeting Minutes

These Minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 13 April 2015 1

Ordinary Meeting of Council

Council Chambers, Service Centre

275 Upper Heidelberg Road, Ivanhoe

23 March 2015 commencing at 7.45pm

MINUTES

THE MAYOR’S ACKNOWLEDGEMENT OF THE WURUNDJERI PEOPLE ......................... 3

PRESENT .............................................................................................................................. 3

APOLOGIES .......................................................................................................................... 3

LEAVE OF ABSENCE ........................................................................................................... 3

CONFIRMATION OF MINUTES ............................................................................................. 3

DISCLOSURE OF INTERESTS ............................................................................................. 4

PRESENTATION ................................................................................................................... 4

1. PETITIONS ...................................................................................................................... 5

Nil

REPORTS

2.1 Rosanna Road and Darebin Street - Proposed School Crossing Supervisor .......... 5 3.1 Urban Forest Plan ................................................................................................... 6 4.3 Alphington Paper Mills Proposal ............................................................................. 6 4.4 Bell Street Mall - A Safer Mall ................................................................................. 7 4.6 Conversion of an existing dwelling into two attached dwellings at 16

Odenwald Road, Eaglemont ................................................................................... 8 6.7 Adoption of Proposed General Local Law No. 1 (2015) .......................................... 9 6.9 Councillor Motions - Status Update ....................................................................... 10 2.2 "Victoria Cross" Estate, Macleod - Improving Recognition of the Victoria

Cross Recipients Street Names ............................................................................ 11

4. PLACE – SUSTAINABLE AMENITY AND BUILT ENVIRONMENT .............................. 12

4.1 North East Link - Quarterly Report ........................................................................ 12 4.2 Review of Traffic around Loyola College, Watsonia .............................................. 12 4.5 Proposed Changes to the Planning and Environment Regulations ....................... 13

5. PARTICIPATION – COMMUNITY INVOLVEMENT IN COMMUNITY LIFE ................... 14

5.1 Multicultural Advisory Committee Meeting Minutes - 5/2/2015 .............................. 14 5.2 LGBTI Advisory Committee Meeting - Minutes - 10/2/2015 ................................... 15 5.3 Minutes - Disability and Inclusion Advisory Committee Meeting - 28/1/15 &

18/2/2015 .............................................................................................................. 15

MINUTES ORDINARY MEETING OF COUNCIL 23 MARCH 2015

2 These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 13 April 2015

5.4 Appointment of Councillor to the Municipal Association of Victoria (MAV) Committee ............................................................................................................ 16

6. PERFORMANCE - USE OUR RESOURCES WISELY .................................................. 16

6.1 VAGO Report - Effectiveness of Support for Local Government Report ................ 16 6.2 VAGO Report - Local Government Results of the 2013-14 Audits ........................ 17 6.3 Protected Disclosures - Banyule awarded Gold Star by Independant Broad

Based Anti Corruption Commission (IBAC) ........................................................... 18 6.4 Councillor Strategic Planning Session................................................................... 19 6.5 Tenancy 1 and Tenancy 2 460 Lower Heidelberg Road Heidelberg -

Proposed Change of Use ...................................................................................... 20 6.6 22 and 24 Peters Street Watsonia - Notice of Intention to Sell .............................. 21 6.8 Reallocation of 2014/2015 Local Roads Resheeting Program Funding ................. 22 6.10 Assembly of Councillors ........................................................................................ 23

7. SEALING OF DOCUMENTS ......................................................................................... 25

Nil

8. NOTICES OF MOTION .................................................................................................. 25

8.1 Divestments .......................................................................................................... 25 8.2 Auditor General's Review into the Effectiveness of Support for Local

Government .......................................................................................................... 25 8.3 Mayoral Duties and Attendances .......................................................................... 26 8.4 Survey on Council Performance ............................................................................ 26 8.5 Opposition to Legalisation of Mixed Martial Arts .................................................... 26

9. GENERAL BUSINESS .................................................................................................. 27

9.1 Twilight Sounds and Arty Farty Kids Festival ........................................................ 27 9.2 Multicultural Sports Celebration ............................................................................ 27 9.3 Taste of Harmony Event ....................................................................................... 27 9.4 Passing of Frank Cox ............................................................................................ 27

10. URGENT BUSINESS ..................................................................................................... 28

10.1 14-18 Livingstone Street Ivanhoe - Lease to Seacrest Pty Ltd .............................. 28

CLOSURE OF MEETING ..................................................................................................... 28


These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 13 April 2015 3

EXTENSION OF PUBLIC FORUM

(CO2015/50) Resolution That the Public Forum be extended until 8.15pm Moved: Cr Rick Garotti Seconded: Cr Steven Briffa CARRIED EXTENSION OF PUBLIC FORUM

(CO2015/51) Resolution That the Public Forum be extended until 8.30pm Moved: Cr Steven Briffa Seconded: Cr Tom Melican CARRIED The Meeting opened at 8.32pm.

The Mayor’s Acknowledgement of the Wurundjeri People

The Mayor read an acknowledgement of the traditional land owners, the Wurundjeri people.

Present

Mayor Cr Craig Langdon, Cr Steven Briffa, Cr Mark Di Pasquale, Cr Rick Garotti, Cr Tom Melican.

Apologies

Cr Jenny Mulholland, Cr Wayne Phillips

Leave of Absence

Nil

Confirmation of Minutes

That the following Minutes be confirmed: Ordinary Meeting of Council held 2 March 2015

Moved: Cr Tom Melican Seconded: Cr Mark Di Pasquale CARRIED



Disclosure of Interests

Nil

Presentation

Nil PROCEDURAL MOTION

(CO2015/52) Resolution That items 2.1, 3.1, 4.3, 4.4, 4.6, 6.7 and 6.9 be discussed prior to any other items on the agenda. Moved: Cr Tom Melican Seconded: Cr Steven Briffa CARRIED



1. PETITIONS

Nil

2. PEOPLE – COMMUNITY STRENGTHENING AND SUPPORT

2.1 ROSANNA ROAD AND DAREBIN STREET - PROPOSED SCHOOL CROSSING SUPERVISOR

Ms Louise Kelly, Mrs Cath Stent and Cath Gordon spoke on the item. EXECUTIVE SUMMARY

Council provides supervisors at school crossings throughout the municipality to improve the safety of children walking to and from schools. Requests for new crossings and supervisors are considered against VicRoads’ warrants. Concerns were received in relation to pedestrian safety at the signalised intersection of Rosanna Road and Darebin Street, Heidelberg, at school pick-up and drop-off times. The number of children and vehicles at the intersection show that it meets the appropriate warrants for a State Government crossing supervisor subsidy. The site has been included in the 2015/16 application to VicRoads. Due to the volume and nature of the traffic on Rosanna Road, it is proposed that the site be supervised as soon as a crossing supervisor is available, given the safety concerns at this location.

Resolution (CO2015/53)

That Council: 1. Fund a school crossing supervisor at the signalised intersection of Rosanna Road and

Darebin Street, Heidelberg, as soon as a crossing supervisor is available, given the safety concerns at the location.

2. Work with Heidelberg Primary School and Good Start Early Childcare Centre to

encourage walking/cycling as a means of accessing the school. 3. Notify Heidelberg Primary School and Good Start Early Childcare Centre of this

resolution.

Moved: Cr Tom Melican Seconded: Cr Rick Garotti CARRIED



3. PLANET – ENVIRONMENTAL SUSTAINABILITY

3.1 URBAN FOREST PLAN

Mr Len Budge spoke on the item. EXECUTIVE SUMMARY

The purpose of the Urban Forest Plan is to provide a clear strategic direction that underpins the sustainable management of Banyule street trees and park trees. The City Plan identifies the development of this plan as a priority objective which is consistent with the views expressed by our community. The Urban Forest Plan responds to the community desire for ongoing stewardship of trees. The plan articulates the multitude of benefits that trees provide for our community. It also identifies a number of challenges and provides clear and ambitious objectives to sustain Banyule’s tree population through targeted actions. Trees evoke a range of divergent views from our community and as a result this plan has endeavoured to capture the sentiment or residents and stakeholders groups. The feedback collected from the community through a thorough and extensive consultation process has been generally positive. Council has been complimented on the development of the strategic approach to this important asset class. The feedback also identified some areas of improvement. The Urban Forest Plan identifies 11 goals that will support implementation of the Plan to ensure that Banyule’s Urban Forest continues to thrive, provide the ongoing environmental benefits and meet the expectation of our community.


That Council defers the adoption of the Urban Forest Plan until a future Council meeting to enable Council to consult with residents on the operating guidelines that will support the plan.

Moved: Cr Rick Garotti Seconded: Cr Tom Melican CARRIED Councillor Garotti left the Chamber at 8.55 pm Councillor Garotti returned to the Chamber at 8.59 pm. 4.3 ALPHINGTON PAPER MILLS PROPOSAL

Mr Bill Rowell and Mr Tim Butler spoke on the item. EXECUTIVE SUMMARY

The Amcor site in Alphington (within the City of Yarra) is a 16.5 hectare parcel of land located on the corner of Heidelberg Road and the Chandler Highway and extending down to the Yarra River. Amcor ceased its paper recycling operations at the site in late 2012, and in June 2013, arranged for the land to be sold. A development plan has been produced that outlines the future use and development of the site. The development plan provides for an anticipated 4,800 residents as well as non-residential land uses including commercial, community, hospitality and retail.



Although this site is located in the City of Yarra it is anticipated that the proposed development of the site may have an impact on the performance of the nearby Ivanhoe Activity Centre. Traffic congestion and capacity on the Hurstbridge railway line are also key issues. This report summarises what is proposed through the development plan and recommends that Council consider lodging a submission to the City of Yarra expressing issues in relation to off-site impacts.


That Council make a submission to Yarra City Council outlining issues in relation to the Alphington Paper Mills Development Plan, including:

the size of the retail component and its impact on the Ivanhoe Major Activity Centre as well as traffic and transport issues.

serious concerns about traffic and transport issues and the adequacy of the Transport analysis accompanying the proposal with particular concern in relation to: - The impact on access to and from Banyule along Heidelberg Road;

- Inadequate consideration of public transport and bicycle connections;

- No provision for safer bicycle lanes on Heidelberg Road;

concerns about the adequacy of Community facilities, in particular sporting facilities in proximity to the site.

Moved: Cr Tom Melican Seconded: Cr Craig Langdon CARRIED 4.4 BELL STREET MALL - A SAFER MALL

Mr Kevin Biaggini spoke on the item.

EXECUTIVE SUMMARY

The ‘A Safer Mall’ project will implement a range of streetscape improvements designed to activate the Bell Street Mall (the Mall) and contribute to community safety and crime prevention objectives. The project is funded by the Department of Justice with a contribution from Council’s capital works program. Works are anticipated to be completed in June 2015 and will include:

Diverse range of seating options catering for different user groups at the Mall.

Improved lighting.

Softer landscaping.

Community artwork and photo-media lightboxes.

Enhanced events facilities, including a stage.

Introduction of more colour and visual interest. This report seeks Council’s endorsement of the project.

4.4 BELL STREET MALL - A SAFER MALL CONT’D




That Council endorses the ‘A Safer Mall’ project for the Bell Street Mall and the implementation of the final designs.

Moved: Cr Tom Melican Seconded: Cr Craig Langdon CARRIED 4.6 CONVERSION OF AN EXISTING DWELLING INTO TWO ATTACHED DWELLINGS

AT 16 ODENWALD ROAD, EAGLEMONT

Ms Barbara Dixon, Mr Rowan Harrison, Mrs Linda Cuthbertson and Ms Jane Crone spoke on the item. EXECUTIVE SUMMARY

The proposal seeks to undertake internal and external buildings and works to an existing single dwelling to convert it for use as two dwellings. The proposal incorporates measures to seek compliance with State and Local Planning Policy (including Residential Neighbourhood Character Policy) and with ResCode although many aspects of the existing dwelling compromise the level of compliance that can be achieved. The report outlines an improved outcome that could be achieved compared to the existing situation and refers to an attached set of conditions should Council take the view that the application should be supported. The report also outlines that Council could maintain a view that the many aspects of the existing dwelling compromise the level of compliance that can be achieved with the relevant Planning considerations. If Council believes that this combined with new issues resulting from the revised approach to vehicle storage outweigh the potential improvements, then it should not support the proposal subject to the reasons outlined below.


That Council having complied with Section 52, 58, 60, 61 and 62 of the Planning and Environment Act 1987, resolves that a Refusal to Grant a Planning Permit be issued in respect of Application No. P534/2014 for conversion of an existing two storey dwelling into two attached dwellings at 16 Odenwald Road EAGLEMONT on the following grounds: 1. The proposal does not comply with Clause 21.04-1 Housing of the Banyule Planning

Scheme as it does not achieve a balance between the objectives of protecting residential amenity and providing for desired future neighbourhood character outcomes, on the one hand, and providing for urban consolidation and satisfying housing demand, on the other.

2. The proposal does not comply with Clause 21.05 Natural Environment of the Banyule Planning Scheme as it only allows minimal vegetation to be established for biodiversity, habitat and contribution to the neighbourhood character through landscaping measures.

3. The limited ability to landscape the site frontage due to the restricted front setback and

the rear garden due to the vehicle access and car parking facilities is contrary to the ‘Position on the site’ and Vegetation cover’ Objectives of Clause 22.02 Residential Neighbourhood Character Policy and Standards B1 Neighbourhood Character and B13 Landscaping Objectives of Clause 55 (ResCode) of the Banyule Planning Scheme.



4. The inability to provide large shrubs or trees with acceptable planting areas across the

site is contrary to the ‘Front boundary treatment and fencing’ and ‘Vegetation cover’ Objectives of Clause 22.02 Residential Neighbourhood Character Policy and Standards B1 Neighbourhood Character and B13 Landscaping Objectives of Clause 55 (ResCode) of the Banyule Planning Scheme.

Moved: Cr Tom Melican Seconded: Cr Steven Briffa CARRIED 6.7 ADOPTION OF PROPOSED GENERAL LOCAL LAW NO. 1 (2015)

Mr Roger Fyfe spoke on the item. EXECUTIVE SUMMARY

Banyule City Council’s existing General Local Law No. 1 (2005) 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 General Local Law No. 1 (2005) 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 requested to speak on their submission at the Ordinary Meeting of Council on Monday 16 February 2015. As a result of the hearing of submissions, one minor change has been made to the definition of “building works” in the proposed General Local Law No. 1 (2015). This change will address the concern raised by the person who spoke 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. Following the commencement of the statutory process, all documents were forwarded to Council’s legal advisor for advice. As a result of the legal advice, some modifications were made to the proposed General Local Law No. 1 (2015), Local Law Community Impact Statement, Template Assessment: New Local Laws Clauses and the Human Rights Charter – Assessment of Compatibility. All the changes have been documented in more detail within the body of this report and the Local Law Community Impact Statement.



6.7 ADOPTION OF PROPOSED GENERAL LOCAL LAW NO. 1 (2015) CONT’D Resolution (CO2015/58)

That Council: 1. adopts the proposed General Local Law No. 1 (2015) (Attachment 1) and the

Footpath Trading Policy (Attachment 2) (incorporated document), with the commencement date of 15 April 2015.

2. revokes the existing General Local Law No. 1 (2005) at the commencement of General

Local Law No. 1 (2015), on the 15 April 2015. 3. adopts the proposed Local Law Community Impact Statement (Attachment 3) on the

15 April 2015, which includes: Template Assessment: New Local Laws Clauses (Appendix 1) Template Assessment: Existing Local Law (Appendix 2) Human Rights Charter – Assessment of Compatibility (Appendix 3) Summary Document: Submissions, Communications and Other Consultation

(Appendix 4). 4. gives notice of the adoption of the General Local Law No. 1 (2015) via the Government

Gazette and public advertisement in accordance with section 119(3) of the Local Government Act 1989.

5. sends a copy of the adopted General Local Law No. 1 (2015) to the Minister for Local

Government in accordance with section 119(4) of the Local Government Act 1989 Councillor Di Pasquale left the Chamber at 9.44 pm. Councillor Di Pasquale returned to the Chamber at 9.45 pm.

Moved: Cr Rick Garotti Seconded: Cr Steven Briffa CARRIED 6.9 COUNCILLOR MOTIONS - STATUS UPDATE

Mr Roger Fyfe spoke on the item. EXECUTIVE SUMMARY

Councillors wishing to raise a matter before Council currently have three options including: 1. Notice of Motion (Council report and forms part of the Agenda paper) 2. General Business 3. Urgent Business A Council resolution is required for both Notices of Motions (NOM) and Urgent Business items. The report includes a status of whether the item has been completed or in progress, a short explanation and if the item is scheduled to come back to Council for consideration. This report provides the current status of Councillor initiated motions.




“That Council note the Councillor Motions Status Report.”

Moved: Cr Rick Garotti Seconded: Cr Tom Melican CARRIED 2.2 "VICTORIA CROSS" ESTATE, MACLEOD - IMPROVING RECOGNITION OF THE

VICTORIA CROSS RECIPIENTS STREET NAMES

EXECUTIVE SUMMARY

At its meeting on 15 September 2014, Council resolved through a Notice of Motion that officers investigate, with appropriate authorities, how to better honour and recognise the Victoria Cross recipients that are currently acknowledged through their names on street signs in Macleod’s Victoria Cross Estate. In response to the Notice of Motion and in consultation with the Victorian Government, a series of interpretive signs featuring Victoria Cross recipients name; battalion; the date; location and battle in which their bravery was recognised, is proposed. This is further complemented by the proposed replacement of existing standard street signage with new blades that feature the official Anzac Centenary logo for improved visual prominence. Supported through a $3,600 grant from the Victorian Government’s ‘Centenary of Anzac’ program coupled with a further $1,000 in grant funds from the Office of Geographic Names along with Council’s own financial contribution, the fabrication and installation of the new signage can now be facilitated in the lead up to the Centenary of Anzac celebrations pending Council’s authorisation and endorsement.


That Council 1. Progress the installation of street blade signage honouring VC recipients; 2. Approve the design and installation of three commemorative display signs from the

available 2014/15 Budget; 3. Notify local residents of the project via a letter from the Mayor and Ibbott Ward

Councillor; 4. Further develop and refine designs and installation locations of signage in consultation

with Councillors; 5. Refer the costs of installing a gateway treatment within the Victoria Cross Estate to be

funded from the proposed City Gateway Entrance’s funding from 2015/16 capital works budget.

Moved: Cr Tom Melican Seconded: Cr Craig Langdon CARRIED



4. PLACE – SUSTAINABLE AMENITY AND BUILT ENVIRONMENT

4.1 NORTH EAST LINK - QUARTERLY REPORT

EXECUTIVE SUMMARY

To provide Council with a status update on planning for the proposed North East Link, which in summary is that:

The State Election was held on Saturday 29 November and resulted in a change of Government, from Liberal to Labor. The Hon Luke Donnellan MP is the new Minister for Roads and Road Safety.

The Labor Party’s transport document “Project 10,000” released in 2013, makes no reference to the North East Link.

VicRoads have met with Council recently on a number of occasions and are beginning to establish a renewed working relationship. At the most recent meeting, VicRoads indicated that they are waiting to hear from the new Government on its transport plans and priorities.


That Council: 1. Write to the Hon Luke Donnellan MP, Minister for Roads and Road Safety, seeking

advice on the Government’s plans for the North East Link and the truck curfew trial proposed for some declared Main Roads in Banyule;

2. Follow up with VicRoads on the status of the Rosanna Road working group.

Moved: Cr Tom Melican Seconded: Cr Mark Di Pasquale CARRIED 4.2 REVIEW OF TRAFFIC AROUND LOYOLA COLLEGE, WATSONIA

EXECUTIVE SUMMARY

Following the Council Resolution of 21 July 2014, additional parking restrictions were introduced in Bungay Street and Kenmare Street near Loyola College, Watsonia, on 22 September 2014. Traffic operations in the area have now been reviewed and it is proposed to introduce additional measures to minimise ongoing traffic conflicts and encourage a one-way traffic operation in the area around Loyola College.


That Council: 1. Notes that the trial of the following parking restrictions has been completed and that

they will remain in place:

a. No Stopping restrictions (8.00 – 9.00am and 2.30 – 4.00pm School Days) on the



south side of Bungay Street and the east side of Kenmare Street (between Bungay Street and Princes Street);

b. Two minute parking (8.00 – 9.00am and 2.30 – 4.00pm School Days) on the north side of Bungay Street along the Loyola College frontage;

2. Notify residents and install No Stopping restrictions (8.00 – 9.00am and 2.30 – 4.00pm

School Days) on the west side of High Street, between Bungay Street and Princess Street;

3. Investigate parking occupancy levels and consult with residents in Loyola Court and

Regis Court Watsonia on the possible installation of time parking restrictions; 4. Consult with Loyola College, local residents, and the Victoria Police about a proposed

trial to:

a. Restrict traffic access from Watsonia Road into Bungay Street (8.00 – 9.00am and 2.30 – 4.00pm School Days).

b. Prohibit access from Princes Street into High Street.

5. Notes that Municipal Laws Officers regularly enforce the road rules around Loyola College.

6. Receive a further report on the traffic operations of streets surrounding Loyola College

six months after the operation of the package of traffic management interventions outlined in resolutions 1 to 5.

Moved: Cr Rick Garotti Seconded: Cr Mark Di Pasquale CARRIED 4.5 PROPOSED CHANGES TO THE PLANNING AND ENVIRONMENT REGULATIONS

EXECUTIVE SUMMARY

The Planning and Environment Regulations 2005 are required to be reviewed every 10 years. The Department of Environment, Land, Water and Planning (DELWP) are seeking comment in relation to changes proposed to the Regulations. While very few changes are proposed to the Regulations, having regard to Council’s previous submission to the review of the Planning and Environment Act 1987, it is considered that the proposed changes fail to address the absence of a ‘complex’ planning application stream and the need for a prescribed timeframe which is greater than the current 60 days and appreciates the complexity of many larger applications. The DELWP argues that these matters are beyond the scope of this review and has invited that Council’s provide further information and evidence to support further investigation of changes.


That Council: 1. Make a submission to the Department of Environment, Land, Water and Planning in

relation to the proposed Planning and Environment Regulations 2015 which outlines that:



a) The Department’s further investigation of the mandatory provision of a current

copy of title with planning applications is supported and that Council provide additional information to assist with this investigation.

b) The Department’s further investigation of a ‘complex’ application stream and

commensurate prescribed timeframe is supported particularly having regard to the implications of VicSmart applications on Planning Permit Activity Reporting and the percentage of all other applications decided within 60 statutory days and no consideration of weekends and public holidays.

2. Prepare a Motion for MAV State Council which outlines the need to increase fees

relating to permit applications under the Planning and Environment Act 1987 and relevant Fees Regulations.

Moved: Cr Rick Garotti Seconded: Cr Tom Melican CARRIED

5. PARTICIPATION – COMMUNITY INVOLVEMENT IN COMMUNITY LIFE

5.1 MULTICULTURAL ADVISORY COMMITTEE MEETING MINUTES - 5/2/2015

EXECUTIVE SUMMARY

The purpose of this report is to provide Council with the minutes for noting from the Multicultural Advisory Committee Meeting held on 5 February 2015 and to present any matters for consideration arising from the minutes. As per the Multicultural Advisory Committee Terms of Reference, these minutes were emailed on 12 February 2015, adopted on 23 February 2015 and posted on the website. There were no recommendations for Council’s consideration from this meeting.


That Council notes the 5 February 2015 Minutes of the Multicultural Advisory Committee.




5.2 LGBTI ADVISORY COMMITTEE MEETING - MINUTES - 10/2/2015

EXECUTIVE SUMMARY

The purpose of this report is to provide Council with the minutes for noting from the Lesbian Gay Bisexual Transgender and Intersex (LGBTI) Advisory Committee Meeting on 10 February 2015 and to present any matters for consideration arising from the minutes. As per the LGBTI Advisory Committee Terms of Reference, the minutes were sent to Committee members on 18 February and adopted on 23 February 2015 and posted on Council’s website. The Committee made a recommendation for Council’s consideration, relating to the International Day Against Homophobia (IDAHO):

That the rainbow flag be raised on Friday 15 May and remain flying for one week until Thursday 21 May

One committee member, Philip Orth, advised that he was resigning from the Committee.


That Council: 1. Note the 10 February 2015 minutes of the LGBTI Advisory Committee 2. Agree to the rainbow flag being raised in front of the Ivanhoe Civic Centre on Friday 15

May and remain flying for one week until Thursday 21 May 2015. 3. Note that Mr. Philip Orth has resigned from the Committee. Moved: Cr Rick Garotti Seconded: Cr Tom Melican CARRIED 5.3 MINUTES - DISABILITY AND INCLUSION ADVISORY COMMITTEE MEETING -

28/1/15 & 18/2/2015

EXECUTIVE SUMMARY

The purpose of this report is to provide Council with the minutes for noting from the first two Disability and Inclusion Advisory Committee Meetings held on 28 January 2015, and on 18 February 2015, and to present any matters for consideration arising from the minutes. As per the Disability and Inclusion Advisory Committee Terms of Reference, these minutes were emailed to members of the Advisory Committee, adopted and posted on the website. There were no recommendations for Council’s consideration from these meetings. Resolution (CO2015/66)

That Council notes the 28 January 2015 and 18 February 2015 Minutes of the Disability and Inclusion Advisory Committee.




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

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.


That Council appoint Councillor Steven Briffa as substitute for the Municipal Association of Victoria (MAV) Committee and advise the MAV of the appointment.

Moved: Cr Rick Garotti Seconded: Cr Mark Di Pasquale CARRIED

6. PERFORMANCE - USE OUR RESOURCES WISELY

6.1 VAGO REPORT - EFFECTIVENESS OF SUPPORT FOR LOCAL GOVERNMENT REPORT

EXECUTIVE SUMMARY

On 26 February 2015 the Victorian Auditor General’s Office (VAGO) tabled a report on the Effectiveness of Support for Local Government in Victorian Parliament. This audit assessed the effectiveness, efficiency and economy of support activities undertaken to assist councils to carry out their duties and obligations to the community. The report focused on the activities of Local Government Victoria (LGV) and the Municipal Association of Victoria (MAV) as key bodies that provide support to councils. Contained in the VAGO 110 page report, are the findings of the audit as well as recommendations leading forward as a result of those findings. After distribution of the VAGO report on Effectiveness of Support for Local Government, the MAV issued a response on the findings and recommendations of the Auditor General’s Office which it released to all Councils. Details of both the findings from the VAGO report and the MAV’s reply are included in the contents of this report to be noted by Council.


That the Victorian Auditor General’s Office’s (VAGO) report on Effectiveness of Support for Local Government and the comments by the Municipal Association of Victoria (MAV) be noted.



Moved: Cr Tom Melican Seconded: Cr Rick Garotti CARRIED 6.2 VAGO REPORT - LOCAL GOVERNMENT RESULTS OF THE 2013-14 AUDITS

EXECUTIVE SUMMARY

The Victorian Auditor-General’s Office is responsible for conducting the financial audits of all Victorian local government councils. The audits are done annually. VAGO presented the yearly report to the Victorian State Parliament on 26 February 2015 titled Local Government: Results of the 2013-14 Audits. The report from the Auditor General presents the outcomes and observations from the 2013–14 financial audits of the 79 local councils, 11 regional library corporations and 13 associated entities. The full report can be obtained from the VAGO website with the key outcomes relevant to Banyule City Council noted in this summary report:

Banyule Council was issued a clear audit opinion by the Victorian Auditor-General’s Office (VAGO) on the Financial Statements for year ended 30 June 2014.

Included in the report is a section on Financial Sustainability Risks Banyule Council has maintained its financial sustainability year on year. Overall, Banyule Council had a low financial sustainability risk assessment.

The Office of the Auditor General conducted minor audits on internal controls over creditors and grants (received). The report issued seven recommendations. Banyule Council will review all the recommendations within this report to determine where current policies and processes can be improved.

The Local Government Investigations and Compliance Inspectorate published a review on councillor discretionary funds (Ward Funds) recommending that they be abolished. Banyule Council abolished ward funds in 2013.

The Auditor General noted that the Local Government Performance Reporting Framework (LGPRF) commences on 1 July 2014. Banyule Council has set procedures in place to ensure the Performance Statements are prepared in accordance with the LGPRF for year ending 30 June 2015.

The Auditor General also made note that local councils continue to face the challenges of delivering quality services to their community, maintaining their existing assets and funding future capital works. To do this effectively, local councils will need to effectively prioritise spending and determine sustainable rates for services provided within the government's proposed rate capping policy, effective from 2016/2017.

Banyule Council is currently developing its City Plan and Strategic Resource Plan in light of

these challenges.

VAGO REPORT - LOCAL GOVERNMENT RESULTS OF THE 2013-14 AUDITS

CONT’D




That Council:

Receive the report from the Victorian Auditor-General’s Office: Local Government Results of the 2013-14 Audits

Note the outcomes and observations from the 2013–14 financial audits of the 79 local councils, 11 regional library corporations and 13 associated entities.

Moved: Cr Rick Garotti Seconded: Cr Tom Melican CARRIED 6.3 PROTECTED DISCLOSURES - BANYULE AWARDED GOLD STAR BY

INDEPENDANT BROAD BASED ANTI CORRUPTION COMMISSION (IBAC)

EXECUTIVE SUMMARY

Banyule City Council is a public body subject to the Protected Disclosures Act 2012 (PD Act). The purpose of the Act is to encourage and facilitate the making of disclosures of improper conduct by public officers and public bodies, including the Council as a public body, its staff, employees and Councillors. Banyule is committed to the aims and objectives of the PD Act. It recognises the value of transparency and accountability in its administrative and management practices, and supports the making of disclosures that reveal improper conduct. It does not tolerate improper conduct by the organisation, its employees, officers, or Councillors, nor the taking of reprisals against those who come forward to disclose such conduct. In the second half of 2014, the Independent Broad-Based Anti-Corruption Commission (IBAC) undertook a review of procedures established by public bodies as required under the Protected Disclosure Act 2012 In December 2014, IBAC released its report on the findings of the review, titled “Review of Protected Disclosure Procedures – Section 60 of the Protected Disclosure Act 2012”. It is very pleasing to note that Banyule Council has been identified in IBAC’s report as a best practice Council and given a ‘gold star’ rating for its procedures, and therefore compliance with the PD Act. Only 15 of the 114 public bodies reviewed, which included all Victorian Councils and Government Departments, achieved this rating. Further clarification with IBAC identified that the assessment of procedures looked at both the required content and accuracy of the content. Banyule had all the required content (exceptional compared to others) and the content was correct both legally and according to IBAC’s guidelines. The rating for usability of Banyule’s procedures was very high, the only accessed organisation to achieve such a rating. While there are still areas for improvement by all public bodies as an outcome of the review, this recognition by IBAC contributes significantly to Banyule’s image and reputation as a leader and champion of good governance. As a result of the feedback from IBAC, a minor update to the Guideline’s previously adopted by Council is required.

6.3 PROTECTED DISCLOSURES - BANYULE AWARDED GOLD STAR BY INDEPENDANT BROAD BASED ANTI CORRUPTION COMMISSION (IBAC) CONT’D




That Council adopt the reviewed Protected Disclosure Procedures for Banyule City Council. (attached)

Moved: Cr Rick Garotti Seconded: Cr Tom Melican CARRIED 6.4 COUNCILLOR STRATEGIC PLANNING SESSION

EXECUTIVE SUMMARY

It is important for Councillors to have access to conferences, forums and other training opportunities to develop their skills and ability to represent and engage with their constituents. There is also an expectation that Councillors, as part of their strategic role, make time to plan for the ongoing viability and long term direction of the municipality. This year as part of the training and development program for Councillors at Banyule, a facilitated weekend workshop was held offsite between 6 – 8 February 2015, involving the Councillors and key Senior Officers. The focus of the Strategic Planning Session was to review Council’s vision, prioritise deliverables for the community, and discuss opportunities for improvement.

In the spirit of good governance, through being accountable and transparent, this report has been prepared to provide an overview of the Strategic Planning Session and to endorse those matters where there was general consensus that further action is required.


That: 1. Council note the report on the Councillor Strategic Planning session held 6 – 8

February 2015; and 2. Officers report back to Council on the development and implementation of any

strategies or initiatives, resulting from the Strategic Planning Session, which will either require Council endorsement or a budget allocation.

3. Council notes that this report was prepared at the specific request of the Councillors

who attended the Strategic Planning Session to provide transparency to the community on the nature of the session and the outcomes achieved.




6.5 TENANCY 1 AND TENANCY 2 460 LOWER HEIDELBERG ROAD HEIDELBERG - PROPOSED CHANGE OF USE

EXECUTIVE SUMMARY

Council currently leases the ground floor of the Council-owned commercial building known as 460 Lower Heidelberg Road Heidelberg to Specialist Diagnostic Services Pty Ltd (Specialist Diagnostic) under a five year lease, which is due to expire on 23 March 2015.

Specialist Diagnostic has exercised its option for the final further term of five years. At the same time Specialist Diagnostic have requested to amend the permitted use under the lease from office administration to a Genetics/Molecular Pathology Laboratory (dry laboratory - not a chemistry laboratory). Molecular testing analyses Deoxyribonucleic acid (DNA) – an individual’s genetic code.

The proposal to amend the permitted use triggered the need to give public notice under sections 190 and 223 of the Local Government Act 1989 (Act). The proposal to amend the permitted use will also trigger the need for a planning permit, which will include an assessment of the car parking requirements.

At its ordinary meeting on 2 February 2015 (CO2015/13) Council considered a report on the proposed change of use and authorised the giving of public notice. Public notice was given in the ‘Heidelberg Leader’ on 10 February 2015, with submissions on the proposal invited in accordance with section 223 of the Act. The submission period closed at 5:00 pm on 11 February 2015 with no submissions being received. The purpose of this report is for Council to decide whether or not to approve the proposal to amend the permitted use under the lease from office administration to a dry laboratory.


That Council: 1. Acknowledges that Specialist Diagnostic Services Pty Ltd has exercised its option for a

five (5) year lease of the Council-owned land and buildings known as Tenancy 1 and Tenancy 2, 460 Lower Heidelberg Road Heidelberg.

2. Having complied with sections 190 and 223 of the Local Government Act 1989: a. by giving public notice in the Heidelberg Leader on 10 February 2015; b. by providing an opportunity to those who have requested to be heard at Council’s

Ordinary Meeting of 23 March 2015 to be heard at that meeting; and c. by recording that no submissions have been received; approves the proposal to amend the permitted use under the lease from Office Administration to a Genetics/Molecular Pathology Laboratory (dry laboratory).

3. Authorises the affixing of the common seal of Council to a lease with Specialist Diagnostic Services Pty Ltd for the purposes of a Genetics/Molecular Pathology Laboratory (dry Laboratory) for the term of five (5) years commencing on 24 March 2015 and ending on 23 March 2020.

Moved: Cr Tom Melican Seconded: Cr Rick Garotti CARRIED



6.6 22 AND 24 PETERS STREET WATSONIA - NOTICE OF INTENTION TO SELL

EXECUTIVE SUMMARY

Consistent with the former Diamond Valley Shire Council’s vision to expand A K Lines Reserve in Watsonia, the former Council acquired 22 and 24 Peters Street Watsonia in 1974. Based on the other municipal priorities, the former Council’s vision was never realised with 22 and 24 Peters Street being the only properties acquired at the time. An assessment of the current usefulness, purpose, key issues and saleability of Council owned land at 22 and 24 Peters Street Watsonia has been conducted revealing that the land is surplus to Council’s requirements. This report seeks Council’s authorisation to commence statutory procedures associated with a notice of intention to sell the land. The giving of public notice of Council’s intention to sell does not compel Council to sell the land. Council is merely complying with its statutory obligations under the Act to give public notice and to hear and consider written submissions on such a proposal before deciding, at a future meeting of the Council, whether or not to sell the land.


That Council: 1. In accordance with sections 189 and 223 of the Local Government Act 1989 (Act),

authorise the commencement of the statutory procedures relating to Council’s intention to sell the Council-owned land and improvements known as 22 and 24 Peters Street Watsonia (land) by giving public notice and inviting written submissions on the proposal in the “Diamond Valley Leader” on 14 April 2015.

2. Receive written submissions and hear submissions on the proposal to sell the land from persons who have made a written request to be heard in person or by a party representing them as specified in their submission and in accordance with the Act, at its Ordinary Meeting of Council on 6 July 2015 beginning at 7.45pm to be held in the Council Chambers, 275 Upper Heidelberg Road Ivanhoe.

Moved: Cr Rick Garotti Seconded: Cr Mark Di Pasquale CARRIED



6.8 REALLOCATION OF 2014/2015 LOCAL ROADS RESHEETING PROGRAM

FUNDING

EXECUTIVE SUMMARY

In 2014/2015 Council, through the Capital Works Budget process allocated a total of $1,490,428 for the resheeting of local roads. To date $1,290,128 has been spent and $200,300 is available. The reason for the available funds is due to the transfer of two roads from the 2014/2015 Roads to Recovery program to the 2015/2016 Roads to Recovery Program due to unforseen weather. As Roads to Recovery funds were paid to Council by the Department of Infrastructure and Transport, two roads from the Local Roads resurfacing program needed to be transferred in order to spend the allocated funds. This transfer produced funds which can be used to resurface other local roads listed in future years under the Capital Works Program. The purpose of this report is to seek Council approval for the reallocation of $200,300 of Local Roads resurfacing funding within 2014/15 Capital Works Budget to several roads identified in this report.


That Council: 1. Acknowledges the transfers of the two Local Roads to the Roads to Recovery

Program, and 2. Reallocate the available funds from the 2014/2015 Local Roads Resheeting Program

to the following resurfacing projects: a. Service road at Rosanna Shopping Centre, b. Leon Avenue, Rosanna c. DelPura Glen, Greensborough d. Golf Avenue Rosanna

Moved: Cr Tom Melican Seconded: Cr Steven Briffa CARRIED



6.10 ASSEMBLY OF COUNCILLORS

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. RECORD OF ASSEMBLIES

1 Date of Assembly: 9 February 2015

Type of Meeting: Site Visit

Matters Considered: Ivanhoe Aquatic Centre Redevelopment -site visit of the progress achieved to date.

Councillors Present: Steven Briffa Mark Di Pasquale Craig Langdon Tom Melican Jenny Mulholland Wayne Philips

Staff Present: Darren Bennet – Manager Leisure, Recreation & Cultural Services Arun Chopra – Manager Capital Projects Albert Aboud – Construction Engineer Nic Hall – Manager Banyule Leisure Facility Management

Others Present: ADCO Constructions Site Managers

Conflict of Interest: Nil

2 Date of Assembly: 2 March 2015

Type of Meeting: Councillor Briefing

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

1.1 Car Parking in the Ivanhoe Shopping Area

4.1 Consent to remove vegetation from 5 Whitelaw Court, Eaglemont

5.1 Diamond Valley Relay For Life 2015

6.1 Notice of Intention to Cause a General Valuation



6.2 219 Southern Road, Heidelberg West - Proposed Sale of Land - Commence Statutory Procedures

6.3 1 Stradbroke Avenue Heidelberg - Proposed Exchange of Land.

6.4 Assembly of Councillors

6.5 29 Alamein Road Heidelberg West - Proposed Sale of Land

6.6 Proposed Governance Local Law No.2 (2015) - Incorporating Meeting Procedures Code

8.1 Shared Services in Local Government

8.2 Council Committees

8.3 Capacity of the Hurstbridge Rail Line

9. General Business

Baptcare 70th Anniversary

Passing of Michael Leighton last year - Former Heidelberg City Councillor

Chinese New Year at The Mall

Councillors Present: Steven Briffa

Mark Di Pasquale Rick Garotti Craig Langdon Tom Melican Jenny Mulholland Wayne Philips

Staff Present: Simon McMillan – Chief Executive Officer Allison Beckwith – Director Community Programs Scott Walker – Director City Development Peter Utri – Acting Director Corporate Services Geoff Glynn – Director Assets & City Services Gina Burden – Manager Governance and Communication Vivien Ferlaino – Governance Co-ordinator Daniel Kollmorgen – Manager Transport, Sustainability and Laws Joseph Tabacco – Manager Property & Economic Development Joel Elbourne – Manager Urban Planning and Building

Others Present: Nil

Conflict of Interest: Nil




That the Assembly of Councillors report be received.

Moved: Cr Tom Melican Seconded: Cr Mark Di Pasquale CARRIED

7. SEALING OF DOCUMENTS

Nil

8. NOTICES OF MOTION

8.1 DIVESTMENTS

Cr Craig Langdon submitted a Notice of Motion.


That a report be prepared and presented to a future meeting of Council on Council’s financial investments that provides: 1) a greater understanding of Council’s current financial investments 2) an assessment of those financial investments against:

a. the Charter of Human rights and Responsibilities (e.g. any unethical investing b. exposure to fossil fuel or carbon intensive industries c. Council’s Investment Policy

3) any recommended amendments to Council’s Financial Investment Policy

Moved: Cr Steven Briffa Seconded: Cr Tom Melican CARRIED 8.2 AUDITOR GENERAL'S REVIEW INTO THE EFFECTIVENESS OF SUPPORT FOR

LOCAL GOVERNMENT

Cr Rick Garotti submitted a Notice of Motion.


“That Council: 1. Endorses the findings and recommendations from the Victorian Auditor General's

review into the Effectiveness of Support for Local Government, noting the concerns that have been raised by the Municipal Association of Victoria (MAV) regarding the first recommendation.

2. Writes to the Minister for Local Government to express our endorsement for the review,

noting the concerns that have been raised by the MAV regarding the first recommendation.



3. Writes to the MAV President to express our endorsement of the Auditor General's

report, noting the concerns that have been raised regarding the first recommendation, and to call on the MAV to work proactively to implement the recommendations that apply directly to them.

4. Tables this item for consideration at the next MAV State Council meeting.”

Moved: Cr Rick Garotti Seconded: Cr Tom Melican CARRIED 8.3 MAYORAL DUTIES AND ATTENDANCES



“That Council notes the report from the Mayor on the meetings he has attended.”

Moved: Cr Tom Melican Seconded: Cr Mark Di Pasquale CARRIED 8.4 SURVEY ON COUNCIL PERFORMANCE

Cr Rick Garotti submitted a Notice of Motion


“That Council supports the printing and preparation of a survey from Councillor Rick Garotti to the residents of Grimshaw Ward on the performance of Council.” Moved: Cr Rick Garotti Seconded: Cr Craig Langdon CARRIED 8.5 OPPOSITION TO LEGALISATION OF MIXED MARTIAL ARTS



“That Council: 1. Write to the Premier, Minister for Sport and Minister for Local Government opposing

the legalising of Mixed Martial Arts or “cage” fighting as it’s more commonly known. 2. Call on the State Government to re-instate the 2007 ban introduced by the then State

Minister for Sport and Recreation and now Deputy Premier, James Merlino. 3. Supports the calls of Victoria Police and the Melbourne Lord Mayor Robert Doyle to

ban this sport.



4. Seek advice from the Minister Local Government as to how best to prepare a local law

prohibiting Cage fighting within the City of Banyule.

Moved: Cr Steven Briffa Seconded: Cr Craig Langdon CARRIED

9. GENERAL BUSINESS

9.1 TWILIGHT SOUNDS AND ARTY FARTY KIDS FESTIVAL

Cr Craig Langdon congratulated all staff involved in the organisation and running of the two great annual events held over 21 & 22 March this year.

9.2 MULTICULTURAL SPORTS CELEBRATION

Cr Craig Langdon recorded his appreciation to the North Heidelberg Football Club initiative that held the second Multicultural Sports Celebration at Shelley Park on Friday 20 March 2015. The evening was well attended and supported by the West Ivanhoe Roosters Football and Cricket Club, Heidelberg Stars Soccer Club and Auskick.

Cr Langdon thanked the Eltham / Montmorency RSL and the Somali Australia Council of Victoria for their financial support of the event.

Cr Langdon also noted the Council staff and Jets Studio staff that also greatly assisted with the organisation of the event

9.3 TASTE OF HARMONY EVENT

Cr Craig Langdon noted the annual “Taste of Harmony” day event held on Thursday 19 March 2015.

Cr Langdon noted the event was very well attended by many local residents. With over 16 shops at the Bell Street Mall providing the food for the event.

Cr Langdon applauded the Bell Street Mall Traders Association for continuing this great event.

9.4 PASSING OF FRANK COX

Cr Craig Langdon acknowledged Francis George Cox who passed away on 20 March 2015, Francis was a former Mayor of the then City of Coburg, served in the Army World War 11 and involved with the Heidelberg Repatriation Hospital.



10. URGENT BUSINESS

10.1 14-18 LIVINGSTONE STREET IVANHOE - LEASE TO SEACREST PTY LTD


That Council consider an item of Urgent Business

Moved: Cr Mark Di Pasquale Seconded: Cr Tom Melican CARRIED Resolution (CO2015/82)

That: 1. Council send a letter to Seacrest Pty Ltd insisting that representatives meet with

representatives of Council before 9 April 2015 to progress lease negotiations in respect to the Council-owned land known at 14-18 Livingstone Street Ivanhoe.

2. In the event that representatives from Seacrest Pty Ltd fail to agree to meet or respond

to this letter then Council officers take appropriate action. 3. Council officers report to Council on the outcomes. Moved: Cr Steven Briffa Seconded: Cr Rick Garotti CARRIED

Closure of Meeting

The Meeting was closed at 10.30pm.

DATED:........................... DAY OF ........................... 2015

............................................. MAYOR

Documents

Banyule City Council 23 March 2015 Ordinary Meeting Minutes