Click here to load reader

Banyule City Council Agenda 17 November 2014

  • View
    227

  • Download
    0

Embed Size (px)

DESCRIPTION

 

Text of Banyule City Council Agenda 17 November 2014

  • Ordinary Meeting of Council

    Council Chambers, Service Centre

    275 Upper Heidelberg Road, Ivanhoe

    17 November 2014 commencing at 7.45pm

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

    AGENDA

    The Mayors 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 Cr Steven Briffa Presentation A presentation will be made regarding the 100 Faces Project. This project is a childrens week initiative which provides children with an opportunity to share with Council their views on Banyule. Confirmation of Minutes Ordinary Meeting of Council held 10 November 2014

    Disclosure of Interests Nil

    1. Petitions

    1.1 1-5 Westley Avenue, Ivanhoe and 2 Ivanhoe Parade Ivanhoe in Relation to Deficient Parking Spaces ..................................................................... 3

    REPORTS:

    2. People Community Strengthening and Support

    2.1 Festive Celebrations ............................................................................................... 5

  • AGENDA (Contd)

    Ordinary Meeting of Council - 17 November 2014 Page 2

    2.2 Banyule Bullying Forum ......................................................................................... 9

    2.3 Heidelberg Stars Soccer Club ............................................................................... 11

    3. Planet Environmental Sustainability

    Nil

    4. Place Sustainable Amenity and Built Environment

    4.1 Asset Management Policy .................................................................................... 17

    4.2 School Crossing Superviser Program Update ....................................................... 20

    5. Participation Community Involvement in Community Life

    Nil

    6. Performance - Use Our Resources Wisely

    6.1 Proposed General Local Law No. 1 (2015) ........................................................... 27

    6.2 Assembly of Councillors ........................................................................................ 36

    7. Sealing of Documents

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

    8. Notices of Motion

    Nil

    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:

    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

    Ordinary Meeting of Council - 17 November 2014 Page 3

    1.1 1-5 WESTLEY AVENUE, IVANHOE AND 2 IVANHOE PARADE IVANHOE IN RELATION TO DEFICIENT PARKING SPACES

    Author: Andy Wilson - Team Leader - Development Planning, City Development

    Ward: Griffin

    File: P849/14

    EXECUTIVE SUMMARY A petition with 68 signatures has been received from residents, 38 of which are from Ivanhoe. Other residents are located in Eaglemont, Heidelberg Heights, Heidelberg West and Heidelberg and further afield including Rosanna, Watsonia, Viewbank, Greensborough, Eltham, Alphington, Preston, Thornbury, Mill Park, Warrandyte, Lower Templestowe, Wattle Glen, Taylors Hill, Black Rock and Broadford. The petitioners have raised concerns regarding the reduction of car parking sought by for the development of 1-5 Westley Avenue and 2 Ivanhoe Parade, Ivanhoe. The petition prayer is as follows: We the undersigned respectfully pray that the Mayor and Councillors of the City of Banyule take into account our concerns regarding the reduction in parking spaces sought by the developer, when assessing Planning Application P849/2014 1-5 Westley Avenue and 2 Ivanhoe Parade Ivanhoe. It is already difficult obtaining parking in the vicinity.

    DISCUSSION

    A planning permit application for development at 1-5 Westley Avenue and 2 Ivanhoe Parade is currently being considered by Council officers. The proposal includes 160 apartments and a convenience shop. In addition, the applicant has sought a car parking reduction of 38 spaces. The extent of car parking reduction proposed on site and the existing traffic and parking conditions in the locality must be considered as part of the assessment of planning permit application P849/14. Councils Development Planning department will continue to assess the application in accordance with the Banyule Planning Scheme in consultation with Councils traffic engineers.

    RECOMMENDATION

    That Council 1. Receives and notes the petition. 2. Consider the concerns raised in the petition as part of the assessment of the

    planning permit application P849/14.

    ATTACHMENTS

  • 1.1

    Petitions

    1-5 WESTLEY AVENUE, IVANHOE AND 2 IVANHOE PARADE IVANHOE contd

    Ordinary Meeting of Council - 17 November 2014 Page 4

    Nil

  • 2.1

    People Community Strengthening and Support

    Ordinary Meeting of Council - 17 November 2014 Page 5

    2.1 FESTIVE CELEBRATIONS Author: Karen Taylor - Functions Contracts CoOrdinator, Community Programs

    File: BS02/035/010

    EXECUTIVE SUMMARY

    At the Ordinary meeting of Council on the 20 May 2013, Council resolved the following:

    That:

    1. to better recognise the Festive Season, Council undertake an investigation of how to highlight the two principle Council buildings. They being the Heidelberg Town Hall in Ivanhoe and Watermarc in Greensborough;

    2. the investigation take into consideration the views and plans of the local shopping centres Committees of Management for the Ivanhoe and Greensborough Shopping centres respectively;

    3. possible sources of funding or in-kind work also be part of the investigation.

    The Heidelberg Town Hall is heritage listed building and is a key land mark within the municipality. WaterMarc, while not heritage listed, is also a key landmark within the municipality. Given the current construction at the beginning of the Greensborough Walk and the proposed future expansion of the WaterMarc building, officers are recommending that any Christmas decorations at this site be considered during any future detailed design phase of the redevelopment. There are a number of decoration options available for Council to consider which will determine the level of investment required. These options are further explored within the report. It should be noted that there will also be an ongoing annual cost associated with each option to install, dismantle, store and maintain the Christmas decorations. The Ivanhoe Traders Association are working closely with Councils Economic Development area and are currently gaining quotes from suppliers to refresh the current decorations in all shopping centres across the municipality. The estimated cost associated with the installation of Christmas decorations within Councils shopping centres and key municipal landmark buildings would need to be a consideration of future budget deliberations.

    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.

  • 2.1

    People Community Strengthening and Support

    FESTIVE CELEBRATIONS contd

    Ordinary Meeting of Council - 17 November 2014 Page 6

    CITY PLAN

    This report is in line with Councils City Plan key direction to celebrate and promote Banyules diversity and heritage.

    BACKGROUND

    The Heidelberg Town Hall is heritage listed building and is a key land mark within the municipality. WaterMarc, while not heritage listed, is a key community facility with a high participation rate. In the past The Heidelberg Town Hall has displayed lights on the top of the building and around the tower to celebrate the festive season however this has not occurred for many years. Council collects a special rate against properties within the shopping centres and then redistributes this special rate (with additional funding from Council) to each of the Traders Associations for marketing and promotional purposes. In the past the Traders Associations have paid for Christmas decorations within the shopping centres, however these decorations are aging and need to be refreshed.

    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

    Officers have sourced a number of quotes for the supply, installation and display of large exterior Christmas Decorations for the Heidelberg Town Hall. Suppliers engaged during the quotation phase have previous experience in the supply of large exterior Christmas decorations to many municipalities throughout Australia. The Heidelberg Town Hall The uniqueness of the Heidelberg Town Hall building features and its stand-alone location makes it an ideal proposition for purpose scaled and unique custom decorations and lighting that will complement the landmark status of the building. The building is used for public and private functions of all types and occasions and has been carefully preserved both inside and out. With this in mind and noting its heritage listing, the application of decorative and lighting elements should not only be spectacular and attractive but be installed and fixed securely in a manner that does not impinge on its functionally or damage any of its heritage features. It should be noted that additional infrastructure will be required including power supply outlets, support and an anchoring systems. This extra equipment is yet to be costed and additional detailed design will occur once Council has provided in principle support for the project. This detailed design will include consultation with Councils Building Maintenance team and experts from Heritage Victoria in order to obtain the necessary approvals.

  • 2.1

    People Community Strengthening and Support

    FESTIVE CELEBRATIONS contd

    Ordinary Meeting of Council - 17 November 2014 Page 7

    WaterMarc Given the current construction at the beginning of the Greensborough Walk and the proposed future expansion of the WaterMarc building, officers are recommending that Christmas decorations at this site should be considered during any future detailed design phase of the redevelopment. This will ensure the necessary anchor points and power supply are included. Traders Associations The Ivanhoe Traders Association are working closely with Councils Economic Development area and are currently gaining quotes from suppliers to refresh the current Christmas decorations at shopping centres across the municipality. Once these quotes have been received, Economic Development will provide further information to Council for consideration within the 2015/16 budget process.

    FUNDING IMPLICATIONS

    There are a number of decoration options available for Council to consider which will determine the level of investment required. Table 1 below provides the costing of each decoration shown on Attachment One. Table 1: Break down of Individual Decorations Year 1. ITEM PURCHASE

    COST INSTALLATION DISMANTLE

    Clock Tower Wreaths/lighting/decorations/lighting/wiring x 3 units

    $45,000.00

    $10,800.00

    $10,800.00

    Fascias Bauble/ribbon clusters x 4 units Up lights projectors x 12 units (these will be a permanent installation for all year round use)

    $17,600.00 $ 7,200.00

    $ 8,200.00 $ 1,000.00

    $ 8,200.00

    Lighting of Live Trees 6 x small trees & 2 x large trees

    $10,800.00

    $ 7,200.00

    $ 7,200.00

    Storage for all decorations

    $ 5,600.00

    Sub Totals

    $86,200.00 $27,200.00 $26,200.00

    Table 2 below includes an indication of the ongoing cost over a three year period assuming all of the decoration options are taken up. Table 2: Costing per year

    Year 1 Purchase, install and dismantle

    $139,600.00 plus GST

    Year 2 Maintenance Install/Dismantle/Storage Total

    $ 3,500.00 $65,600.00 $69,100.00 plus GST

  • 2.1

    People Community Strengthening and Support

    FESTIVE CELEBRATIONS contd

    Ordinary Meeting of Council - 17 November 2014 Page 8

    Year 3 Maintenance Install/Dismantle/Storage Total

    $ 4,500.00 $67,500.00 $72,000.00 plus GST

    CONSULTATION

    Officers have undertaken internal consultation with Councils Economic Development department and determined that the Traders Associations are also undertaking a project to present costings to Council regarding upgrade of Christmas decorations at all shopping strips across the municipality. If Council wish to pursue the Traders Christmas Decoration project, further consultation with all Traders Associations will be required and the overall cost should be considered within the 2015/16 budget process.

    CONCLUSION

    There are currently two areas of investigation occurring in relation to Christmas decorations within the municipality. The estimated cost associated with the installation of Christmas decorations within Councils shopping centres and on key municipal landmark buildings should be considered during the 2015/16 budget process.

    RECOMMENDATION

    That Council refer cost estimates for Christmas decorations for the Heidelberg Town Hall to the 2015/16 budget for consideration.

    ATTACHMENTS

    No. Title Page

    1 Example of Ivanhoe Town Hall Christmas Decorations 42

  • 2.2

    People Community Strengthening and Support

    Ordinary Meeting of Council - 17 November 2014 Page 9

    2.2 BANYULE BULLYING FORUM Author: Frances Gianinotti - Youth & Community Services Co-Ordinator,

    Community Programs

    File: F2014/314

    EXECUTIVE SUMMARY

    At the Ordinary meeting of Council on the 2 December 2013, Council resolved the following:

    That Council: 1. Write to all primary and secondary schools in Banyule as follows:

    (a) to encourage their ongoing commitment to making schools bully free and to thank them for their efforts to date in tackling this important social issue; (b) to advise schools that they can contact the relevant Council business units to seek advice on links into support services and to seek advice as required.

    2. Conduct a forum in 2014 on the issue of bullying, the forum to invite key stakeholders to discuss a range of strategies that will encourage a bully free Banyule community. Letters were issued to schools in early 2014 commending them on their current efforts to eradicate bullying and offering them additional support should they require it. A forum Tackling Bullying in our Community was held on 27 August 2014 hosted by the Youth Services Team with approximately 100 people in attendance. The forum received excellent feedback from those who attended.

    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.

    CITY PLAN

    This report is in line with Councils City Plan key direction to develop and promote safety and resilience in our community.

  • 2.2

    People Community Strengthening and Support

    BANYULE BULLYING FORUM contd

    Ordinary Meeting of Council - 17 November 2014 Page 10

    BACKGROUND

    In response to the Council resolution of 2 December 2013, a letter was distributed to all schools within Banyule signed by the Mayor Councillor Craig Langdon in early 2014 commending them on their current efforts to eradicate bullying and offering them additional support should they require it.

    On the 27 August 2014 Councils Youth Services hosted a forum entitled Tackling Bullying in our Community. The event, attended by over 100 people, was opened by Bully Zero ambassador and the Mayor, Councillor Craig Langdon alongside Councillor Steve Briffa. The participants heard from keynote speaker and bestselling author Dr Evelyn Field, alongside panellists Oscar Yildiz (CEO Bully Zero Australia Foundation), Vita Catalano (Beyond Blue Ambassador) and Amy Bryans (Youth Parliament member) who discussed strategies and answered questions from the audience.

    Bullying can have serious and long term impacts on individuals, organisations and communities, and can be detrimental to a persons mental and physical health with victims experiencing significant social isolation and loss of self-esteem, feelings of shame and anxiety, concentration and learning difficulties. Research shows that bullying is one of the major reasons children and young people contact help lines and leave schools, and at least one in five children will be bullied. Dr Evelyn Field and Oscar Yildiz provided advice on how to support children and young people including the importance of resilience and practical relating skills, while Vita Catalino shared her personal experiences with bullying. A number of Youth Services staff were present on the evening in order to offer support and referral information around this serious topic, and resources were sourced and provided to those attending the event. Twelve leading organisations represented the material available to those attending the event. In the lead up to the forum Banyule Youth Services staff put together the best resource examples as well as developing a series of assistance fact sheets which were made available online at www.banyuleyouth.com/bullying. This page will be maintained with current information updated regularly to ensure that Banyule families can access appropriate assistance and resources. Feedback from those attending the event has been excellent. An example from a participant is: I thought the evening was very well organized with great resources including the wonderful speaker Evelyn Field.

    RECOMMENDATION

    That Council notes the report and continues to make information and fact sheets available on the topic of Bullying through its online resource.

    ATTACHMENTS

    Nil

  • 2.3

    People Community Strengthening and Support

    Ordinary Meeting of Council - 17 November 2014 Page 11

    2.3 HEIDELBERG STARS SOCCER CLUB Author: Allison Beckwith - Director - Community Programs, Community Programs

    File: F2014/492

    EXECUTIVE SUMMARY

    At the Ordinary meeting of Council on the 4 August 2014, Council resolved the following:

    That a report be presented to Council to consider options to support the Heidelberg Stars Soccer Club in their endeavours to provide training equipment, safety equipment and canteen equipment.

    Council has provided a number of support funding to assist the Heidelberg Stars Soccer Club in its operations and management to assist the club with its establishment. Council is currently undertaking works on the redevelopment of the Cartledge Reserve Pavilion which is home to the club with a detailed design having being completed for Stage One of the project. This project will include upgrade to existing change rooms and the addition of two new change areas and first aid room. Upgrade to amenities both internally and externally and the creation of a larger storage area. This project is anticipated to commence in mid-2015. It is anticipated that a lighting upgrade on the sporting reserve will also be undertaken with support from both the State and Federal Government. The report identifies a number of potential funding sources that may be suitable to assist the club with canteen equipment, sports equipment and uniform supply.

    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.

    CITY PLAN

    This report is in line with Councils City Plan key direction to promote and support health and wellbeing.

    BACKGROUND

    The Heidelberg Stars Soccer Club (HSSC) was established in 1998 fielding one junior soccer team. The clubs members are mostly of African Somalian background and the club has seen rapid growth since its establishment now fielding six junior teams and three senior teams. The club is recognised for its family friendly environment and has a goal to be the best youth development soccer club in the

  • 2.3

    People Community Strengthening and Support

    HEIDELBERG STARS SOCCER CLUB contd

    Ordinary Meeting of Council - 17 November 2014 Page 12

    area. It strives to provide superior coaching, training facilities and equipment but is very limited in its resources to achieve this. Funding Support from Council Since its establishment of the Club, Council has provided a number of funding supports to assist the HSSC in its operations and management to assist the Club with its establishment. These funding supports have been provided through reduction of rental fees for the Clubs seasonal allocations during its establishment years, the provision of wards funds to support operational cost and the club has been successful in obtaining a community development grant for soccer equipment. A detail of support provided to the club is tabled below:

    Item Description Waiver of Fees

    Funding Received

    Seasonal Allocations Fees

    No fees charged between 1998 and 2006 to assist in the establishment and development of club

    $1,600.00

    Reduction in fees 2007 - 2011

    $1,272.00

    Ward Funding 2010 - Purchase new uniforms

    $1,000.00

    2011 Transportation costs

    $2,000.00

    2012 Season ground hire fees

    $2,076.00

    2012 Presentation Night catering

    $1,800.00

    Community Development Grants

    2013 Soccer equipment $1,650.00

    Total

    $2,872.00 $8,526.00

  • 2.3

    People Community Strengthening and Support

    HEIDELBERG STARS SOCCER CLUB contd

    Ordinary Meeting of Council - 17 November 2014 Page 13

    Locality Plan

    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

    Council has currently allocated $433,000 towards the redevelopment of the Cartledge Reserve Pavilion which is home to the HSSC. Detailed design has been completed for Stage One of this project. Council will consider a further allocation towards this project of $417,000 during its 2015/16 budget deliberations to finalise Stage One construction. The project will include an upgrade to existing change rooms and the addition of two new change areas and first aid room. Upgrade to amenities both internally and externally with the creation of a large storage area. This project is anticipated to commence in mid-2015. Council was also successful in receiving funding from State Government of $75,000 and Federal Government $50,000 towards a lighting upgrade of the sporting reserve located at the site. Council is considering an allocation of $175,000 towards the project in its 2015/16 budget deliberations with the commencement of these works expected in mid to late 2015.

  • 2.3

    People Community Strengthening and Support

    HEIDELBERG STARS SOCCER CLUB contd

    Ordinary Meeting of Council - 17 November 2014 Page 14

    Funding Opportunities: Banyule Community Development Grants: The next round of Community Development Grants will open in February 2015 and the current funding criteria allows for applications to be made for equipment purchases for up to $5,000. There are also some external funding sources that may be suitable to assist the club with their requirements. VicHealth Active Club Grants Program: VicHealth recognises that there are costs associated with participating in sport, including the purchase of sporting equipment. These costs can prevent people from participating in sport, or trying new sporting activities. VicHealth aims to remove this barrier to participation by assisting clubs with the purchase of essential sporting equipment. This funding round opens on 12 January 2015 and closes 13 February 2015. Grants of up to $3,000 are available for:

    Sports injury prevention and management equipment

    Essential sporting equipment/items.

    Priority will be given to applications from clubs/organisations who can demonstrate that an Active Club Grant will increase opportunities for regular physical activity in their community. Department of Transport, Planning and Local Infrastructure - Sporting Uniforms: The Sporting Uniform funding program provides grants of up to $1000 to assist in the purchase of sports uniforms. This program provides funds for activities that support Victorian community-based clubs to deliver sport and active recreation opportunities. The funding round opens 25 November 2014 until Thursday 5 February 2015. The Sporting Uniform Grants Program will not fund uniforms that have already been purchased prior to the closing date of the funding round.

    CONCLUSION

    There are a number of funding opportunities that would be available to assist the Club with financial support for canteen equipment, sporting and safety equipment and supply of uniforms. Councils Leisure Services Team would be able to assist the Club with information regarding application processes to the various funding bodies.

    RECOMMENDATION

    That Council: 1. Consider an allocation in the 2015/16 Budget for $175,000 towards the sport

    field lighting upgrade at Cartledge Reserve as a requirement of matching funds received from both State Government ($75,000) and Federal Government ($50,000) towards the project.

    2. Continue to work with the Heidelberg Stars Soccer Club in in their endeavours to provide training equipment, safety equipment and canteen equipment through upcoming funding opportunities.

  • 2.3

    People Community Strengthening and Support

    HEIDELBERG STARS SOCCER CLUB contd

    Ordinary Meeting of Council - 17 November 2014 Page 15

    ATTACHMENTS

    Nil

  • 4.1

    Place Sustainable Amenity and Built Environment

    Ordinary Meeting of Council - 17 November 2014 Page 17

    4.1 ASSET MANAGEMENT POLICY Author: Kevin Gallagher - Assets Co-ordinator, Assets & City Services

    File: BS08/005

    EXECUTIVE SUMMARY

    The Asset Management Policy was last adopted by Council in June 2009 and requires regular review. A review has been undertaken, the basic principles of the Asset Policy have not changed since the last adoption. The wording and diagrams have been updated where necessary and the details are more concise than the previous version. The Asset Management Policy defines the key principles that underpin asset management and addresses the actions required to implement asset management and together with the associated strategy and asset management plans will allow for:

    Better allocation of limited council resources.

    Improved alignment of assets with services and community expectations.

    Reduced demand for new council assets through better integration of service planning and asset planning.

    More effective use and maintenance of existing council assets.

    Improved processes and accountability for capital and recurrent works The Asset Management Policy will be followed by a number of Asset Management category plans and the Asset Strategy documents that will be tabled before Council for consideration and adoption over the coming months.

    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.

    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.

    CITY PLAN

    This report is in line with Councils City Plan key direction to maintain and improve Banyule as a great place to live.

  • 4.1

    Place Sustainable Amenity and Built Environment

    ASSET MANAGEMENT POLICY contd

    Ordinary Meeting of Council - 17 November 2014 Page 18

    BACKGROUND

    Banyule City Council owns and manages a diverse range of assets that currently are valued in excess of $800 million. These assets include roads, pathways, buildings, drainage, playgrounds and a range of other ancillary assets that help Council deliver services to its Community.

    Asset Policy, strategy and related asset category plans are necessary to better understand the age, condition and funding resources required to keep these assets in serviceable condition that is acceptable to the community. The Policy establishes the high level position for Asset Management implementation. It defines the key policy principles that underpin asset management and addresses the drivers and objectives, and the actions required to implement asset management across the organisation. In summary the key principles of the Policy and Objectives are:

    Policy Statements Objectives Financial Management Asset renewal programs will be incorporated into the

    4 to10 year capital works plan

    Link to the Strategic Resource Plan and Long-Term Financial Plan (LTFP)

    Consistency between asset inventories and financial reporting

    Operations and maintenance budgets will be based on the levels of service

    Community Participation Levels of service based on community expectations

    Best Practice Defined levels of service

    Reporting and reviews

    Data management

    Training

    Public Safety Risk Management Risk management approach when assessing levels of service to ensure Public Safety

    Governance Banyules city plan objectives

    Long-term strategic & financial planning

    Organisation visions and objectives

    Environment and Social Seek opportunities for sustainable improvement of assets

    Note that the details of the above table are available in the body of the Asset Management Policy.

    The updated Policy document has been reviewed by the key internal stakeholders and endorsed by executive management for Councils consideration.

    COMMUNITY INPUT

    The Policy document was advertised for community input via an article in the July- August Banner and on Councils web site in July with public comment closing date of end August 2014. No comments were received from the Banyule community.

    CONCLUSION

    The readoption of the updated Asset Management Policy will lead the way for the ongoing development of detailed asset categories plans to determine asset renewal expenditure for Councils major infrastructure assets over the next 10 years.

  • 4.1

    Place Sustainable Amenity and Built Environment

    ASSET MANAGEMENT POLICY contd

    Ordinary Meeting of Council - 17 November 2014 Page 19

    RECOMMENDATION

    That Council adopts the Asset Management Policy. 1.

    ATTACHMENTS

    No. Title Page

    1 Asset Management Policy 45

  • 4.2

    Place Sustainable Amenity and Built Environment

    Ordinary Meeting of Council - 17 November 2014 Page 20

    4.2 SCHOOL CROSSING SUPERVISER PROGRAM UPDATE

    Author: Bailey Byrnes - Transport Engineer, City Development

    File: F2014/141

    Previous Items Council on 18 November 2013 (Item 4.2 - School Crossing Update)

    Council on 17 December 2012 (Item 4.2 - School Crossing Supervisor Program)

    EXECUTIVE SUMMARY

    Council is responsible for the ongoing review of the school crossing program, including the operation of 58 supervised school crossings throughout the municipality. Each site must be reviewed by Council against the appropriate warrants every three years in order to obtain a subsidy from the State Government to offset some of the costs associated with the crossing supervision. This year, five of the 35 sites requiring reassessment were identified as not meeting the warrants for ongoing crossing supervision. Council has made previous resolutions on four of these sites. It is suggested to retain the supervision at these sites in line with Councils previous resolutions. The remaining site is proposed to remain for safety reasons. During the school crossing review process, requests were received from Ivanhoe Primary School for the provision of a school crossing supervisor at the existing zebra crossing in Livingstone Street, Ivanhoe. The site met the warrants for a school crossing supervisor, and it is proposed for the site be included in the 2015/16 application to VicRoads for a school crossing supervisor subsidy. It is further proposed that the site be supervised from the start of the 2015 school year.

    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.

    CITY PLAN

    This report is in line with Councils City Plan key direction to support sustainable transport.

    BACKGROUND

    Council is responsible for the ongoing review and installation of school crossings throughout the municipality. This includes the operation 58 supervised school crossing locations throughout the municipality. Each year the State Government provides a subsidy to Council to offset some of the costs of the supervision at sites that meet specific warrants. Council must submit an application for this subsidy to the State Road Authority (VicRoads). The application requires that each school crossing site is reassessed against the appropriate warrants every 3 years.

  • 4.2

    Place Sustainable Amenity and Built Environment

    SCHOOL CROSSING SUPERVISER PROGRAM UPDATE contd

    Ordinary Meeting of Council - 17 November 2014 Page 21

    In accordance with VicRoads guidelines for school crossings, an unsupervised crossing is warranted where 20 or more students cross the road and the traffic volume exceeds 50 vehicles during any hour on a normal school day. For a supervised childrens crossing to be warranted for a primary school, the number of children crossing at the crossing (minimum 20) multiplied by the number of vehicles (minimum 100) must exceed 5,000. For a supervised childrens crossing to be warranted for a secondary school, the number of children crossing at the crossing (minimum 20) multiplied by the number of vehicles (minimum 250) must exceed 25,000. This year five of the 35 sites requiring reassessment have not met those warrants. As such these sites are unlikely to receive subsidy from VicRoads. Under Councils school crossing policy these sites are now at risk of losing their school crossing supervisors. Of these five sites, four have previously been considered by Council. This report details the results of this years subsidy assessment and considers in detail the additional site not meeting the warrants. During the review process Council received one request for a school crossing supervisor at an existing pedestrian crossing on Livingstone Street, Ivanhoe. This site is outlined below.

    DISCUSSION

    2014/15 Supervisor Subsidy from VicRoads The subsidy funding for the 2014/15 financial year has not yet been announced by VicRoads. In October 2013, Council applied for subsidy funding for 62 supervisors at 58 crossing sites in the municipality. Of the 58 sites, 51 met the warrants for subsidy funding. Seven (7) sites failed to meet the warrants for ongoing supervision; however they were included in the submission. A list of all the sites in the submission is provided at Attachment 1. 2014/15 Gap Sites The crossings at Dundee Street, Watsonia North, Plenty Road, Bundoora and Greenwood Drive, Bundoora have previously not met the warrants for a subsidy from VicRoads. These sites have been funded by Council in full for a number of years. Pedestrian counts undertaken this year indicate that the warrants are now met, and are now eligible for a subsidy from VicRoads. While the subsidy for the 2014/2015 year has not yet been confirmed, these sites did not meet the warrants in the 2014/2015 subsidy application to VicRoads, and may not receive a subsidy for the current financial year. Should a subsidy not be received for these sites, they should be funded by Council in full for the 2014/15 financial year. 2015/16 Subsidy Application to VicRoads Application for subsidy funding for the 2015/16 financial year is currently being prepared in line with VicRoads requirements, and will be forwarded to VicRoads following the confirmation of the 2014/15 subsidy. The application will request a subsidy for 63 supervisors at 59 sites. This includes one new school crossing supervisor at an existing zebra crossing in Livingstone Street, Ivanhoe, discussed later in this briefing note. The subsidy application will also include five sites that failed to meet the warrants for ongoing supervision.

  • 4.2

    Place Sustainable Amenity and Built Environment

    SCHOOL CROSSING SUPERVISER PROGRAM UPDATE contd

    Ordinary Meeting of Council - 17 November 2014 Page 22

    Further details on the subsidy application are included at Attachment 2. Sites Not Meeting Numerical Warrants The five sites that have not met the minimum warrants through this years assessment are detailed in Table 1. Table 1 Sites Failing the School Crossing Warrants

    No. Road Name

    Nearest Intersecting Road

    Name of School Served

    Ward Status

    1 Rattray Road

    b/w Looker Rd/Sylvan St

    Montmorency P.S.

    Hawdon

    Currently Funded for safety reasons, though failed warrants.

    2 Grimshaw Street

    Greensborough Bypass

    St Mary's P.S. Grimshaw/ Bakewell

    Currently Funded for safety reasons, though failed warrants.

    3 Wungan Street

    b/w Portree St/Highview Sts

    Macleod College

    Ibbott

    Currently Funded for safety reasons, though failed warrants.

    4 Fernside Avenue

    b/w Hyacinth St/Outlook Cres

    Sherbourne P.S.

    Beale

    Funding agreement with School (Entering third year), though failed warrants

    5 Mountain View Road

    South of Campbell Road

    Briar Hill P.S Beale Failed pedestrian warrants

    Of these sites, four sites have been considered by Council in previous resolutions. It was noted in these resolutions that:

    The sites at Rattray Road, Grimshaw Street and Wungan Street continue to warrant crossing supervision due to road safety concerns.

    Sherbourne Primary School has previously committed to contributing funding for the Fernside Avenue school crossing supervisor in the absence of a subsidy being provided by VicRoads. This arrangement will be confirmed with the school should a subsidy not be granted in 2014/15.

    It is proposed to retain the supervision at these four sites in line with Councils previous resolutions. The school crossing at Mountain View Road is the only existing site that failed to meet the warrants for ongoing supervision. This site is discussed in detail below. It should be noted that there will be workforce impacts should Council consider not funding any of the sites that do not meet the warrants, and subsequently remove the supervisor from the site. Councils school crossing supervisors are staff members of Council and employed in part time or temporary capacity. The removal of a school crossing supervisor from a site has significant impacts on the staff member involved, particularly as many of them are often specifically attached to the site they supervise. Further, and significantly to this, removal may lead to possible staff redundancy if an alternate site is not available.

  • 4.2

    Place Sustainable Amenity and Built Environment

    SCHOOL CROSSING SUPERVISER PROGRAM UPDATE contd

    Ordinary Meeting of Council - 17 November 2014 Page 23

    Mountain View Road, Briar Hill (Beale Ward) The school crossing is located mid-block along Mountain View Road, a collector road in Briar Hill. The site serves students from Briar Hill Primary School which is located 80m south west of the crossing, via Briar View Lane. A locality plan is provided in Figure 1. Table 2 details the results of the five most recent pedestrian and vehicle counts at this location.

    Figure 1 School Crossing Mountain View Road, Briar Hill Table 2 - Pedestrian and Vehicle Data, Mountain View Road, Briar Hill

    Date Pedestrians Vehicles Multiple

    Wednesday, 29 Oct 2014 18 545 9,810

    Wednesday, 17 Sep 2014 10 460 4,600

    Friday, 6 Jun 2014 7 448 3,136

    Tuesday, 5 Oct 2010 21 594 12,474

    Tuesday, 27 Oct 2009 16 785 7,760

    Warrants

    Unsupervised School Crossing 20 50 -

    Supervised School Crossing (Primary School) 20 100 5,000

    In accordance with VicRoads guidelines for school crossings, a school crossing supervisor is warranted where the number of primary school children crossing at the crossing (minimum 20) multiplied by the number of vehicles (minimum 100) must exceed 5,000. An unsupervised school crossing may be provided where the number of children school children crossing at the crossing exceeds 20, and the number of vehicles crossing at the crossing exceeds 50.

    School Crossing Location

  • 4.2

    Place Sustainable Amenity and Built Environment

    SCHOOL CROSSING SUPERVISER PROGRAM UPDATE contd

    Ordinary Meeting of Council - 17 November 2014 Page 24

    The results indicate the number of pedestrians falls below the minimum requirements for the provision of a school crossing supervisor. The site also does not meet the requirements for an unsupervised school crossing Observations during school drop-off and pick up times indicated that, due to the traffic volumes along Mountain View Road during these times, it is difficult to obtain a sufficient gap between vehicles to allow crossing. This is particularly difficult for young children who can have difficulty judging such things. Furthermore, sight distance on the approach to the crossing is restricted, particularly for pedestrians crossing from the north east side of the crossing towards the school. VicRoads crash statistics database indicates that there have been no pedestrian related crashes on Mountain View Road in the past five (5) years. There is a history of pedestrian numbers falling below the numerical warrant at this school crossing during peak school times. However, vehicle volumes during the operation of the school crossing are high, and there are no controlled crossing points (such as pedestrian operated signals) in the vicinity. It is recommended that in accordance with the Banyule School Crossing Supervisor Policy, supervision at the school crossing be retained on safety grounds. It is noted that the pedestrian numbers fall just short of the warrants required to obtain a subsidy for the school crossing supervisor. It is recommended Council work with Briar Hill Primary School to encourage walking as a means to access the school. New Supervised School Crossing Requests were received from Ivanhoe Primary School and the wider community seeking Council to investigate the provision of a school crossing supervisor at the existing zebra crossing on Livingstone Street, Ivanhoe, between Waterdale Road and Tate Street. A locality plan demonstrating Ivanhoe Primary School and the zebra crossing is shown in Figure 2. Pedestrian and vehicle counts were undertaken on Livingstone Street in October 2013. The results of this count are noted in Table 3. Table 3 - Pedestrian and Vehicle Data, Livingstone Street, Ivanhoe

    Date Pedestrians Vehicles Multiple

    Thursday, 31 October 2013 33 988 32,604

    Warrants Primary School Supervised School Crossing

    20 100 5,000

    In accordance with VicRoads guidelines for school crossings, a school crossing supervisor is warranted where the number of primary school children crossing at the crossing (minimum 20) multiplied by the number of vehicles (minimum 100) must exceed 5,000. The results confirm that the zebra crossing on Livingstone Street met the VicRoads guidelines for the provision of a school crossing supervisor. As there is existing pedestrian crossing infrastructure at this location, funding would need to be secured for the provision of a school crossing supervisor. The provision of a permanent school crossing supervisor is estimated to cost $13,000 per year, including staffing, training and equipment costs. This new site would be eligible for subsidy funding from VicRoads.

  • 4.2

    Place Sustainable Amenity and Built Environment

    SCHOOL CROSSING SUPERVISER PROGRAM UPDATE contd

    Ordinary Meeting of Council - 17 November 2014 Page 25

    Figure 2 Locality Map, Livingstone Street Zebra Crossing Consideration could be given to the installation of a school crossing supervisor at the Livingstone Street Zebra Crossing prior to the receipt of the subsidy funding. However, this is likely to incur a cost overrun of the current school crossing budget for the 2014/15 financial year.

    CONCLUSION

    During the annual review of the school crossing supervisor program, five school crossing sites were identified as not meeting the warrants for ongoing crossing supervision. Council has made previous resolutions for the ongoing supervision on four of these sites. It is proposed to retain the supervision at these sites in line with Councils previous resolutions. It is proposed to continue to fund the remaining site not meeting the pedestrian warrant, at Mountain View Road, Briar Hill, for safety reasons. Following requests from Ivanhoe Primary School and the surrounding community, it is proposed that a school crossing supervisor be provided at the zebra crossing on Livingstone Street, Ivanhoe from the start of the 2015 school year.

    RECOMMENDATION

    That Council: 1. Continues to fully fund the school crossing supervision at Rattray Road,

    Montmorency, Wungan Street, Macleod and Greensborough Highway, Greensborough for road safety reasons or until the appropriate warrants are met.

    2. Continues to jointly fund the school crossing supervision at Fernside Avenue,

    Existing Unsupervised

    Zebra Crossing

  • 4.2

    Place Sustainable Amenity and Built Environment

    SCHOOL CROSSING SUPERVISER PROGRAM UPDATE contd

    Ordinary Meeting of Council - 17 November 2014 Page 26

    Briar Hill through the agreement with Sherbourne Primary School as per Council resolution of 17 Dec 2012, or until the appropriate warrants are met.

    3. Fully funds the school crossing supervisor on Mountain View Road, Briar Hill,

    given safety concerns at the location.

    4. Work with Briar Hill Primary School to encourage walking as a means of accessing the school.

    5. In relation to the zebra crossing on Livingtone Street, , Ivanhoe, between

    Waterdale Road and Tate Street: a. provides a school crossing supervisor from the start of the 2015 school

    year. b. funds the school crossing supervisor through the school crossing

    supervisor annual funding, noting a potential overrun of expenses of around $2,600 for the current financial year, and ongoing expenses in future years.

    c. includes the school crossing site in the annual submission to VicRoads for the school crossing supervisor subsidy funding for the 2015/16 financial year.

    6.

    ATTACHMENTS

    No. Title Page

    1 2014/15 School Crossing Supervisor Site Subsidy Application 58

    2 2015/16 School Crossing Supervisor Site Subsidy Application 59

  • 6.1

    Performance - Use Our Resources Wisely

    Ordinary Meeting of Council - 17 November 2014 Page 27

    6.1 PROPOSED GENERAL LOCAL LAW NO. 1 (2015)

    Author: Jan Richardson - Cemeteries Co-ordinator, City Development

    File: F2014/1342

    EXECUTIVE SUMMARY

    Banyule City Councils existing Local Law No. 1 (2005) General Amenity ceases to operate on the 27 April 2015. As a result an extensive review was required of the existing Local Law and the development of a new proposed Local Law.

    Officers leading the review were involved in the Local Government Professionals (LGPro) Better Local Laws Program. Extensive consultation was undertaken with the community, Councillors, staff and Victoria Police along with benchmarking other Councils Local Laws.

    Using best practice principles, officers have prepared a proposed General Local Law No. 1 (2015), proposed Local Law Community Impact Statement and supporting documents to be endorsed by Council to go out for public consultation in accordance with the Local Government Act 1989 (the Act), sections 119 and 223.

    The proposed Local Law has been developed so that it flows in a logical manner. The language has been written so that it is more easily understood by the community. Permit processes, enforcement provisions, infringement notices and penalties for infringements have all been reviewed and tightened.

    All new proposed Local Law clauses have been assessed on a template developed using best practice principles.

    The proposed Local Law Community Impact Statement follows the guidelines/template developed by the LGPro Better Local Laws Program and provides a detailed background to the review. It addresses legal considerations, explains reasons for adopting particular approaches and sets out the criteria for measuring the success of the proposed Local Law.

    As required by legislation, a Human Rights Charter assessment was also completed for the whole proposed Local Law. It concludes that six human rights are impacted by the proposed Local Law and that the limitations on these rights were assessed as reasonable.

    A proposed schedule of the timelines for advertising the proposed Local Law, undertaking public consultation, seeking of submissions, and adoption of the Local Law are detailed in this report. It is being recommended that Council commence the necessary statutory procedures for making of a Local Law.

    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.

  • 6.1

    Performance - Use Our Resources Wisely

    PROPOSED GENERAL LOCAL LAW NO. 1 (2015) contd

    Ordinary Meeting of Council - 17 November 2014 Page 28

    CITY PLAN

    This report is in line with Councils 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

    Councils have the power to make local laws under Part 5 of the Act, which have a life of 10 years before they sunset or unless revoked earlier. Banyule City Councils existing Local Law No. 1 (2005) General Amenity ceases to operate on the 27 April 2015. An extensive review has been undertaken with the intention to develop a new omnibus Local Law which will commence operation when the existing Local Law No. 1 (2005) General Amenity is revoked.

    A steering committee comprising relevant officers from across the organisation was established late last year to develop a process for reviewing the Local Law. The lead project officers also participated in the LGPro Better Local Laws Program between October 2013 and August 2014. Community consultation was conducted in February-March 2014 where Council asked for comment on the perceived effectiveness of the existing Local Law. Extensive consultation was undertaken across the organisation and with the Victoria Police. Benchmarking with other Councils has also been undertaken continually between February-August 2014. Officers, using best practice principles, have prepared a proposed General Local Law No. 1 (2015) (attached) and all the associated supporting documentation, including a Community Impact Statement, assessment templates and a Human Rights Charter Assessment of Compatibility. Legal advice will also be sought on the documentation in November 2014 to ensure Council has complied with all of its legal requirements with regard to making a local law and that the proposed local law does not breach any of the existing legislation. What are Local Laws? Local Laws:

    are adopted to protect public health, safety, or amenity in a municipality. They are designed to ensure that the actions of an individual or group do not have a negative or undesirable impact on the rest of the community.

    are a form of regulatory instrument.

    cannot duplicate, overlap, conflict with or be inconsistent with existing Federal or State legislation.

    cannot duplicate or be inconsistent with any planning scheme.

    should not be created unnecessarily. Council needs to consider whether there are alternatives to a Local Law that might better suit the needs of the community.

    only apply within a particular municipality.

    have a 10 year life and must be renewed after that time to remain valid. This ensures that Local Laws remain current and suitable to the purpose for which they were originally made.

  • 6.1

    Performance - Use Our Resources Wisely

    PROPOSED GENERAL LOCAL LAW NO. 1 (2015) contd

    Ordinary Meeting of Council - 17 November 2014 Page 29

    Council must advertise any Local Law that it intends to make and must consider any public submissions it receives about the Local Law before implementing it. Council is obliged to ensure that the regulatory approach adopted involves the least burden or the greatest advantage to its community.

    HUMAN RIGHTS CHARTER

    The proposed General Local Law No. 1 (2015) was assessed as a whole against the Human Rights Charter. The assessment indicated that six rights were impacted:

    Freedom of movement (section 12)

    Freedom of expression (section 15)

    Peaceful assembly and freedom of association (section 16)

    Property rights (section 20)

    Right to liberty and security (section 21)

    A fair hearing (section 24) In all instances, it was considered that the limitation was reasonable because the interests or impact to the majority of the community was greater than the interest or impact on an individual. Further reduction of the limitation was available to an individual through the ability to appeal permit conditions and Notices to Comply. An individual also has a further ability to reduce the limitation by taking any matter to the Magistrates Court for a decision. The Human Rights Charter Assessment of Compatibility is shown as Appendix 3 which is attached to the Local Law Community Impact Statement.

    CURRENT SITUATION

    Local Law General Changes The proposed Local Law is different to the existing Local Law. Clauses from the existing Local Law may have been moved to a new Part in the proposed Local Law. An example of this is Permits, Impounding, Fees and Enforcement which are now all grouped together under Part 2 Administration and Enforcement. Previously these clauses were in different Parts of the existing Local Law. The language in the proposed Local Law has changed to be more easily understood by the community. Permit processes and enforcement provisions have been improved in the proposed Local Law. The clause relating to infringement notices is set out clearly and in line with legal requirements. Penalties for infringements have been reviewed. The monetary value for each penalty unit is controlled by State Legislation (the Local Government Act 1989, the Sentencing Act 1991 and the Monetary Units Act 2004) and is currently set at $100. Further, the Attorney-Generals Guidelines state that, An infringement penalty should generally be approximately no more than 20-25% of the maximum penalty for the offence. The maximum penalty in the Magistrates Court is 20 penalty units.

  • 6.1

    Performance - Use Our Resources Wisely

    PROPOSED GENERAL LOCAL LAW NO. 1 (2015) contd

    Ordinary Meeting of Council - 17 November 2014 Page 30

    The existing Local Law No. 1 (2005) General Amenity set the majority of penalty units for an infringement at 1, 2 or 3. As the value of the penalty unit has remained at $100 since 2005, it was considered reasonable to increase the penalties by 1 or 2 penalty units in most cases. Further, it is proposed to recommend higher penalties, of 5 and 10 penalty units, for some proposed Local Laws clauses where it is considered that failure to comply with the clause will have great impact on community safety and amenity, risks to health and potential damage to Council assets and infrastructure. Changes New Clauses Any proposed new Local Laws clause has been developed on templates which assess the clause according to Best Practice principles. The proposed Local Law contains 13 new clauses:

    Maintenance of Vehicle Crossings

    Activities on Council Land (i) and (j) these are in addition to existing clauses Vacant Land and Buildings on Land

    Maintenance of Private Drains and Stormwater Retention Systems

    Hygiene Requirements for Personal Care & Body Art Businesses

    Domestic Wastewater Management of Unsewered Properties

    Inspection of Septic Tank System

    Reuse of Domestic Greywater

    Asbestos Management from Domestic Sources

    Maintenance of Waste, Organic and Recycling Bins

    Removal of Waste, Organic and Recycling Bins

    Hard Waste Collection

    Street Bins & Park Bins The template assessments for new Local Laws clauses are attached as Appendix 1 to the Local Law Community Impact Statement. Changes Existing Local Law The existing Local Law No. 1 (2005) General Local Law has been reviewed on a template assessment that summarises any modifications and provides relevant comments. The template assessments for the existing Local Laws clauses are attached as Appendix 2 to the Local Law Community Impact Statement.

  • 6.1

    Performance - Use Our Resources Wisely

    PROPOSED GENERAL LOCAL LAW NO. 1 (2015) contd

    Ordinary Meeting of Council - 17 November 2014 Page 31

    Further, the following existing Local Laws clauses have been deleted from the proposed General Local Law No. 1 (2015). Clause Explanation/Reason

    Building Works on Dwellings Now covered by the Environment Protection Act 1970

    Minor Building Works Other Acts and provisions cover this

    Building Works Creating a Nuisance Other Acts and provisions cover this

    Undue Noise Now covered by the Environment Protection Act 1970

    Responsibilities of Owners and Occupiers Prohibitions: Noise (m) and (n)

    Now covered by the Environment Protection Act 1970

    Provision of a Bin Storage and Wash Facility on Food Premises

    Now covered by the Food Act 1984

    Provision of a Cleaners Sink Now covered by the Food Act 1984

    Collection of Trade Waste Anti-competitive hours are inconsistent with the hours that Council operates the same service.

    Use of Council Land Activities that require a Permit: (g) Play/practice golf (h) Sell food/drink

    Duplicated with other clause regarding engage in, play or practise any game or sport. Now covered by the Food Act 1984

    Other Issues Considered As a result of consultation, the following issues were considered as possible Local Laws clauses. More detail on these issues is provided in the Local Law Community Impact Statement (see attachment). Graffiti: Although there is State legislation covering graffiti, it continues to be a problem for Council and the source of community complaints. Victoria Police are the enforcement arm for the Graffiti Prevention Act 2007. Any evidence Council obtains regarding perpetrators of graffiti will be passed on to the Victoria Police for enforcement. The following points highlight current handling of graffiti and the issues faced by Council:

    graffiti removal kits are provided to residents

    graffiti is promptly removed from all public places under Councils control

    graffiti is found on the infrastructure of service authorities

    prompt removal appears to deter further instances of graffiti

    other Councils are putting more resources into prompt graffiti removal When graffiti is not removed promptly or allowed to grow on buildings or property it becomes unsightly and a detriment to the amenity of neighbourhoods. Because this issue is such a concern, a proposed clause has been included in the Unsightly Land

  • 6.1

    Performance - Use Our Resources Wisely

    PROPOSED GENERAL LOCAL LAW NO. 1 (2015) contd

    Ordinary Meeting of Council - 17 November 2014 Page 32

    provision in Part 9 Responsibilities of Owners and/or Occupiers in the proposed Local Law. Model Aircraft: Civil Aviation Safety Regulations 1998, section 101.030 and section 101.055 cover model aircraft. CASA has an enforcement arm and the introduction of a Local Law clause would overlap or duplicate existing Federal legislation. Therefore it is considered that it is not appropriate to introduce a Local Law clause relating to model aircraft. The following documents are attached to the proposed General Local Law No. 1 (2015): Schedule 1 Notice to Comply Schedule 2 Penalties

    COMMUNITY IMPACT STATEMENT

    The proposed Local Law Community Impact Statement (LLCIS) (attached) provides a background to the review and was prepared in line with Best Practice principles. The LLCIS details the matters considered when conducting the review. Legal considerations are addressed and it explains reasons for adopting particular approaches. Criteria setting out how the success of the proposed Local Law will be measured are detailed in the LLCIS. The following documents are attached to the LLCIS:

    Appendix 1 Template Assessments: New Local Laws Clauses Appendix 2 Template Assessments: Existing Local Law No. 1 (2005)

    General Local Law

    Appendix 3 Human Rights Charter Assessment of Compatibility

    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

  • 6.1

    Performance - Use Our Resources Wisely

    PROPOSED GENERAL LOCAL LAW NO. 1 (2015) contd

    Ordinary Meeting of Council - 17 November 2014 Page 33

    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 - 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. In accordance with best practice principles, Council will consult with lawyers to give advice on the proposed General Local Law No. 1 (2015), proposed LLCIS and supporting documents to ensure that the proposed Local Law does not overlap, duplicate or conflict with any existing State or Federal legislation.

    CONSULTATION

    Persons affected by the proposed Local Law will have the opportunity to consult with Council:

    at a public meeting to be held during the consultation period at a date to be determined

    via a submission in accordance with the section 223 process, and

    heard at a subsequent Council Meeting Council officers will also accept general feedback on the proposals from members of the local Banyule community. This feedback will be taken into consideration when preparing final versions of the proposed Local Law, proposed LLCIS and supporting documents for Councils consideration.

    TIMELINES

    The current timelines are as follows: 17 November 2014 Council resolution to advertise

    27 November 2014 Advertise in Government Gazette and Public Notice in Heidelberg and Diamond Valley Leader

    27 Nov 2014 16 Jan 2015 Public Response period

    27 Nov 2014 16 Jan 2015 a Public Meeting to be held

    16 January 2015 Section 223 submissions close

    16 February 2015 Hear section 223 submissions

    2 March 2015 (tentative) Adoption of General Local Law No. 1 (2015)

    1 April 2015 (nominal date) New Local Law commences operation

  • 6.1

    Performance - Use Our Resources Wisely

    PROPOSED GENERAL LOCAL LAW NO. 1 (2015) contd

    Ordinary Meeting of Council - 17 November 2014 Page 34

    CONCLUSION

    Review of General Local Law No. 1 (2005) has occurred over the past 12 months and has involved extensive consultation and research. Adoption of a new local law General Local Law No. 1 (2015), to replace the sun-setting local law, will now require the commencement of the necessary statutory procedures.

    RECOMMENDATION

    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 Councils 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 or from Councils 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 16 January 2015;

    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.

    ATTACHMENTS

    No. Title Page

    1 Proposed General Local Law No. 1 (2015) 60

  • 6.1

    Performance - Use Our Resources Wisely

    PROPOSED GENERAL LOCAL LAW NO. 1 (2015) contd

    Ordinary Meeting of Council - 17 November 2014 Page 35

    2 Local Law Community Impact Statement 105

    3 Appendix 1 - Template Assessments: New Local Laws Clauses 116

    4 Appendix 2 - Template Assessments: Existing Local Law 156

    5 Appendix 3 - Human Rights Charter - Assessment of Compatibility 181

  • 6.2

    Performance - Use Our Resources Wisely

    Ordinary Meeting of Council - 17 November 2014 Page 36

    6.2 ASSEMBLY OF COUNCILLORS Author: Cindy Ho - Governance Officer, City Development

    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. RECORD OF ASSEMBLIES

    1 Date of Assembly: 6 November 2014

    Type of Meeting: Confidential Councillor Briefing

    Matters Considered: Confidential Matters Personnel Matters

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

    Staff Present: Simon McMillan Chief Executive Officer

    Others Present: Nil

    Conflict of Interest: Nil

    2 Date of Assembly: 10 November 2014

    Type of Meeting: Councillor Briefing

    Matters Considered: Items on the Council Agenda for the Ordinary Meeting of 10 November 2014 (excluding confidential items) as listed below:

    2.1 Montmorency-Eltham RSL Electronic Gaming

    Machine increase proposal: Council response to

    the Victorian Commission for Gaming and Liquor

    Regulation (VCGLR)

    4.1 Lease of Part of Chelsworth Park to Ivanhoe

  • 6.2

    Performance - Use Our Resources Wisely

    ASSEMBLY OF COUNCILLORS contd

    Ordinary Meeting of Council - 17 November 2014 Page 37

    Grammar School

    4.2 Lower Heidelberg Road, Ivanhoe East - Parking

    Availability for Residents

    4.3 14 Scotts Parade Ivanhoe - Sale of Land - Hearing

    of Submissions

    4.4 North East Link - Quarterly Report

    4.5 Willa Avenue Viewbank - Drainage Improvement

    Works to Address Overland Stormwater Flow

    4.6 198 Sherbourne Road, Montmorency - Request for

    Extension of Time to commence under the Permit

    4.7 193 Liberty Parade Heidelberg West (known as

    233 Southern Road Heidelberg West) - Proposed

    two lot subdivision, removal of restrictive covenant

    and creation of a municipal reserve

    5.1 Multicultural Advisory Committee Meeting

    Membership

    6.1 Assembly of Councillors

    6.2 27A Cherry Street Macleod - Proposed Sale of

    Land - Hearing of Submissions

    6.3 Rezoning 22 and 24 Peters Street, Watsonia

    6.4 55-59, 61 and 63 Main Street Greensborough -

    Proposed sale of land

    6.5 Review and Update of Delegations

    6.6 School sites project update and outcome of

    Request for Tender process: 229 Banksia Street,

    Ivanhoe (former Bellfield Primary School)

    7.1 Sealing of Documents

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

    Staff Present: Simon McMillan Chief Executive Officer Allison Beckwith - Community Programs Scott Walker Director City Development Geoff Glynn Director Assets and City Services Gina Burden Manager Governance, Information & Laws Daniel Kollmorgen Acting Manager Strategic Economic Vivien Ferlaino Governance and Information Coordinator Darren Bennett Manager Leisure, Recreation and Culture Theonie Tacticos Team Leader Community and Social Planning Tom Zappulla Leisure Facilities, Place and Partnership Coordinator

  • 6.2

    Performance - Use Our Resources Wisely

    ASSEMBLY OF COUNCILLORS contd

    Ordinary Meeting of Council - 17 November 2014 Page 38

    Joel Elbourne Acting Manager Development Services

    Others Present: Nil

    Conflict of Interest: Nil

    RECOMMENDATION

    That the Assembly of Councillors report be received.

    ATTACHMENTS

    Nil

  • 7.1

    Sealing of Documents

    Ordinary Meeting of Council - 17 November 2014 Page 39

    7.1 SEALING OF DOCUMENTS Author: Ellen Kavanagh - Governance Officer, City Development

    File: BS040/010/002

    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 Peter Hawkin.

    RECOMMENDATION

    That the Common Seal of the Banyule City Council be affixed to the following document: 1. Instrument of Authorisation for Planning Officer Peter Hawkin and he be appointed

    and authorised as set out in Instrument.

    ATTACHMENTS

    Nil

  • ATTACHMENTS

    ORDINARY MEETING OF COUNCIL ON 17 NOVEMBER 2014 Page 41

    2.1 Festive Celebrations

    Attachment 1 Example of Ivanhoe Town Hall Christmas Decorations ................... 42

    4.1 Asset Management Policy

    Attachment 1 Asset Management Policy ............................................................... 45

    4.2 School Crossing Superviser Program Update

    Attachment 1 2014/15 School Crossing Supervisor Site Subsidy Application ....................................................................................... 58

    Attachment 2 2015/16 School Crossing Supervisor Site Subsidy Application ...................................................................................... 59

    6.1 Proposed General Local Law No. 1 (2015)

    Attachment 1 Proposed General Local Law No. 1 (2015) ...................................... 60

    Attachment 2 Local Law Community Impact Statement ....................................... 105

    Attachment 3 Appendix 1 - Template Assessments: New Local Laws Clauses ......................................................................................... 116

    Attachment 4 Appendix 2 - Template Assessments: Existing Local Law ............. 156

    Attachment 5 Appendix 3 - Human Rights Charter - Assessment of Compatibility .................................................................................. 181

  • Att

    ach

    men

    t 1

    2.1

    Item: 2.1 Attachment 1: Example of Ivanhoe Town Hall Christmas Decorations

    ORDINARY MEETING OF COUNCIL ON 17 NOVEMBER 2014 Page 42

  • Att

    ach

    men

    t 1

    2.1

    Item: 2.1 Attachment 1: Example of Ivanhoe Town Hall Christmas Decorations

    ORDINARY MEETING OF COUNCIL ON 17 NOVEMBER 2014 Page 43

  • Att

    ach

    men

    t 1

    2.1

    Item: 2.1 Attachment 1: Example of Ivanhoe Town Hall Christmas Decorations

    ORDINARY MEETING OF COUNCIL ON 17 NOVEMBER 2014 Page 44

  • Att

    ach

    men

    t 1

    4.1

    Item: 4.1 Attachment 1: Asset Management Policy

    ORDINARY MEETING OF COUNCIL ON 17 NOVEMBER 2014 Page 45

  • Att

    ach

    men

    t 1

    4.1

    Item: 4.1 Attachment 1: Asset Management Policy

    ORDINARY MEETING OF COUNCIL ON 17 NOVEMBER 2014 Page 46

    DOCUMENT CONTROL

    SCHEDULE OF ADOPTION

    Version No. Date Comment Authority Reference

    V1.00 Sep. 2003 Review of Votar and Partners original version of the Banyule Asset Policy

    V1.10 Nov 2003 Redraft and Update of Policy Adopted by Council

    V2.00 Draft

    Nov. 2006

    This version is as a result of an independent review of Version 1.0 to conform to current local government AM practice. The substantive changes relate to the inclusions of Section 11 & Appendix 4 (Roles & Responsibilities) and Section 12 & Appendix 3 (Audit & Review).

    V2.01 Draft

    Aug 2008 Update of Draft V2.00.

    V2.02 June 2009

    Insertion of statement of Human Rights above the Schedule of Changes & Amendments.

    Policy was again Adopted by Council.

    V2.03 October 2010 Included reference to the National Financial & Asset Management Assessment Framework for Local Government.

    V2.04 December

    2011 Policy & Strategy reviewed and no changes necessary other than update to latest City Plan.

    Asset Coordinator

    V3.00 May 2014 Document updated and simplified over previous versions

    Asset Coordinator

    V3.01 July 2014 Reformatted to Banyule document specifications Asset Coordinator

    V4.00 October 2014 Adopted By Council Asset Coordinator

  • Att

    ach

    men

    t 1

    4.1

    Item: 4.1 Attachment 1: Asset Management Policy

    ORDINARY MEETING OF COUNCIL ON 17 NOVEMBER 2014 Page 47

    Table of Contents

    1. INTRODUCTION ................................................................. ERROR! BOOKMARK NOT DEFINED.

    2. PURPOSE OF THE COUNCIL ASSET MANAGEMENT (AM) POLICY ............................................. 4

    3. BACKGROUND TO THE POLICY.4

    4. COUNCIL RESPONSIBILITIES ....................................................................................................... 5

    5. ORGANISATION CONTEXT ........................................................................................................ .6

    6. ASSET MANAGEMENT POLICY STATEMENTS ...7

    7. POLICY OBJECTIVES ................................................................................................................... 9

    8. ASSET MAMANGEMENT ROLES AND RESPONSIBILITIES ......................................................... 10

    9. COMMUNITY INPUT ................................................................................................................ 12

    10. REVIEW AND EVALUATION ...................................................................................................... 12

    11. AVAILABILITY OF THE POLICY .................................................................................................. 12

  • Att

    ach

    men

    t 1

    4.1

    Item: 4.1 Attachment 1: Asset Management Policy

    ORDINARY MEETING OF COUNCIL ON 17 NOVEMBER 2014 Page 48

    1. Introduction Banyule City Council manages a diverse range of assets that exist to provide services. Infrastructure assets alone are currently valued in excess of $800 million. These assets include roads, footpaths, bridges, drains, buildings, open space, playgrounds, ancilary infrastructure assets as well as supporting assets such as plant and equipment necessary to facilitate service delivery.

    Councils performance is measured on its ability to effectively manage its assets and provide a high level of service to its community.

    2. Purpose of the Council Asset Management (AM) Policy The Asset Management Policy defines the key principles that underpin asset management and addresses the actions required to implement asset management and together with the associated strategy and asset management plans will allow for:

    Better allocation of limited council resources. Improved alignment of assets with services and community expectations. Reduced demand for new council assets through better integration of service planning

    and asset planning. More effective use and maintenance of existing council assets. Improved processes and accountability for capital and recurrent works.

    Adherence to policy will ensure that:

    Management of assets is undertaken in a structured and co-ordinated way. Council responsibilities and resources are identified. Risk management issues are addressed. Assets are managed to achieve financial, social and environmental sustainability. Legislative and regulatory requirements are achieved.

    3. Background to the Policy The Department of Transport, Planning and Local Infrastructure document, Sustaining Local Assets, December 2003 is the Victorian Governments local government asset management policy statement. It provides the policy framework and the high level guidance to help councils to develop and implement their own policies and practices and incorporates the best internationally recognised principles, policies, and processes.

    The MAV STEP Asset Management program, the National Asset Management Assessment Framework (NAMAF) project and the Victorian Auditor General have all supported Local Governments need to sustainably manage their infrastructure assets. The latest report released by the Auditor General, Asset Management and Maintenance by Councils in February 2014, assessed whether local councils effectively manage their physical infrastructure assets. It examined whether they have developed and applied sound strategic frameworks for asset management, and implemented efficient and effective asset management practices. It also reviewed the guidance and support provided to councils in managing these assets.

    The report identified significant deficiencies in asset renewal planning and practice, the quality of asset management plans, the linking of service levels to these plans, the development of asset management information systems, and in councils monitoring, evaluation and reporting on asset management.

    Although the Report was not specifically about Banyule Council, the points made are relevant to all councils including Banyule.

    The VAGs Report recommended that local Councils should:

  • Att

    ach

    men

    t 1

    4.1

    Item: 4.1 Attachment 1: Asset Management Policy

    ORDINARY MEETING OF COUNCIL ON 17 NOVEMBER 2014 Page 49

    1. Accelerate efforts to review and update their asset management frameworks, policies and strategies to meet better practice standards

    2. Make sure they have comprehensive asset management plans covering all major asset categories

    3. As a priority, develop a strategy for more effectively reducing their asset renewal gaps

    4. Improve their asset management information systems and knowledge of their asset portfolios to ensure they have up-to-date information on all assets

    5. Identify and review the skills and resources required to effectively manage infrastructure assets, including developing a skills matrix and action plan to address identified skill and resource requirements and gaps

    6. Improve the provision of information to, and engagement with, the community on asset management

    7. Develop and implement comprehensive asset management monitoring, reporting and evaluation systems, and publicly report their progress and performance against plans and strategies, including against capital works budgets

    4. Council Responsibilities Section 136 of the Local Government Act 1989 requires Councils to implement the principles of sound financial management which are to:-

    a) manage financial risks faced by the Council prudently, having regard to economic circumstances

    b) pursue spending and rating policies that are consistent with a reasonable degree of stability in the level of the rates burden

    c) ensure that decisions are made and actions are taken having regard to their financial effects on future generations

    d) ensure full, accurate and timely disclosure of financial information relating to the Council

    Councillors, as custodians of Council assets are required to:

    Ensure the Councils legal obligations are met

    Represent the community as the asset owners, and

    Ensure the asset/service is maintained for present and future generation at an equitable cost

  • Att

    ach

    men

    t 1

    4.1

    Item: 4.1 Attachment 1: Asset Management Policy

    ORDINARY MEETING OF COUNCIL ON 17 NOVEMBER 2014 Page 50

    5. Organisation Context Relationship to Council Vision and City Plan

    6. Asset Management Policy Statements

    What we strive for Banyule, a green, liveable and prosperous city, sustaining a healthy and engaged community

    Banyule City Plan Objectives and Key Objectives People - Community Str