Banyule City Council Minutes 10 November 2014

These Minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 17 November 2014 1

Ordinary Meeting of Council

Council Chambers, Service Centre

275 Upper Heidelberg Road, Ivanhoe

10 November 2014 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 ............................................................................................. 3

PRESENTATION ................................................................................................................... 3

1. PETITIONS ...................................................................................................................... 4

Nil

2. PEOPLE – COMMUNITY STRENGTHENING AND SUPPORT ...................................... 4

2.1 Montmorency-Eltham RSL Electronic Gaming Machine increase proposal: Council response to the Victorian Commission for Gaming and Liquor Regulation (VCGLR) ............................................................................................... 4

3. PLANET – ENVIRONMENTAL SUSTAINABILITY ......................................................... 5

Nil

4. PLACE – SUSTAINABLE AMENITY AND BUILT ENVIRONMENT ................................ 5

4.1 Lease of Part of Chelsworth Park to Ivanhoe Grammar School............................... 5 4.2 Lower Heidelberg Road, Ivanhoe East - Parking Availability for Residents ............. 7 4.3 14 Scotts Parade Ivanhoe - Sale of Land - Hearing of Submissions ....................... 8 4.4 North East Link - Quarterly Report .......................................................................... 9 4.5 Willa Avenue Viewbank - Drainage Improvement Works to Address Overland

Stormwater Flow ..................................................................................................... 9 4.6 198 Sherbourne Road, Montmorency - Request for Extension of Time to

commence under the Permit ................................................................................. 10 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 ....................................................... 11

5. PARTICIPATION – COMMUNITY INVOLVEMENT IN COMMUNITY LIFE ................... 13

5.1 Multicultural Advisory Committee Meeting Membership ........................................ 13

MINUTES ORDINARY MEETING OF COUNCIL 10 NOVEMBER 2014

2 These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 17 November 2014

6. PERFORMANCE - USE OUR RESOURCES WISELY .................................................. 14

6.1 Assembly of Councillors ........................................................................................ 14 6.2 27A Cherry Street Macleod - Proposed Sale of Land - Hearing of

Submissions ......................................................................................................... 17 6.3 Rezoning 22 and 24 Peters Street, Watsonia ........................................................ 18 6.4 55-59, 61 and 63 Main Street Greensborough - Proposed sale of land ................. 18 6.5 Review and Update of Delegations ....................................................................... 19 6.6 School sites project update and outcome of Request for Tender process: 229

Banksia Street, Ivanhoe (former Bellfield Primary School) .................................... 20

7. SEALING OF DOCUMENTS ......................................................................................... 21

7.1 Sealing of Documents ........................................................................................... 21

8. NOTICES OF MOTION .................................................................................................. 22

8.1 Compact with Somali Community ......................................................................... 22 8.2 Council Assisted Organisations ............................................................................. 22 8.3 Burgundy Street, Heidelberg, Footpath Rehabilitation Works ................................ 22 8.4 Annual Christmas Carols ...................................................................................... 23 8.5 Establishment of a Volunteer Awards Working Group ........................................... 23 8.6 Multicultural Citizen of the Year............................................................................. 23 8.7 Seniors Booklet ..................................................................................................... 24

9. GENERAL BUSINESS .................................................................................................. 24

9.1 Motor Show - Watsonia ......................................................................................... 24

10. URGENT BUSINESS ..................................................................................................... 24

10.1 Political Signs on Public Land ............................................................................... 25

CLOSURE OF MEETING TO THE PUBLIC ......................................................................... 25

CLOSURE OF MEETING ..................................................................................................... 25


These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 17 November 2014 3

EXTENSION OF PUBLIC FORUM

(CO2014/371) Resolution That the Public Forum be extended until 8.00pm Moved: Cr Jenny Mulholland Seconded: Cr Tom Melican CARRIED The Meeting opened at 8.00pm.

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 Wayne Phillips, Cr Mark Di Pasquale, Cr Tom Melican, Cr Jenny Mulholland.

Apologies

Cr Rick Garotti

Leave of Absence

Cr Steven Briffa

Confirmation of Minutes

That the following Minutes be confirmed: Ordinary Meeting of Council held 20 October 2014

Special Meeting of Council held 28 October 2014

Moved: Cr Jenny Mulholland Seconded: Cr Tom Melican CARRIED

Disclosure of Interests

Nil

Presentation

A one minute silence was held to commemorate Remembrance Day for 11 November 2014



1. PETITIONS

Nil Councillor Phillips left the Chamber at 08:08 pm. Councillor Phillips returned to the Chamber at 08:09 pm.

2. PEOPLE – COMMUNITY STRENGTHENING AND SUPPORT

2.1 MONTMORENCY-ELTHAM RSL ELECTRONIC GAMING MACHINE INCREASE PROPOSAL: COUNCIL RESPONSE TO THE VICTORIAN COMMISSION FOR GAMING AND LIQUOR REGULATION (VCGLR)

SUMMARY

The Montmorency-Eltham RSL made an application on 3 September 2014 to the Victorian Commission for Gaming and Liquor (VCGLR) to increase their Electronic Gaming Machines (EGMs) by 43%, from 35 to 50 EGMs. The documents lodged with the VCGLR also include a $1 million renovation. The aim of this report is to present Council’s submission to the VCGLR which has very short timelines. However, Council’s consideration of the matters at hand, namely the proposed $1 million renovation of the Montmorency RSL building (which is on Council owned land) and 43% increase in EGMs is ongoing and will be thoroughly assessed through the planning permit process which has only just commenced. The planning permit for the renovation and EGM increase was lodged with Council on 6 October 2014. The process to assess the planning permit has only just commenced, and will continue into 2015. The VCGLR is only one of a number of decision making points regarding the EGM increase, but is one that is likely to be favourable. If Council does not make an objection to the VCGLR, this may be construed by the community and the Montmorency-Eltham RSL as tacit approval of the EGM increase and the renovation. This places Council at risk of being seen to make a decision without a clear and transparent process which includes community consultation. The RSL has submitted their Social and Economic Impact Assessment (SEIA) in the VCGLR application rather than providing this directly to Council as requested in 2013, allowing little opportunity for Council or community consideration of the potential impacts of the proposals. This report presents Council’s submission to the VCGLR for approval before the lodgement which is due 11 November 2014.

Resolution (CO2014/372)

That Council:

1. Endorse:

a) Banyule’s submission to the Victorian Commission for Gaming and Liquor (Attachment 2) to be submitted by 11 November 2014

b) Banyule City Council’s presentation at the Victorian Commission for Gaming and



Liquor to be based on the report in Attachment 2.

2. Note the continuing nature of the Planning permit application for the renovation and EGM increase and that this process will be used to clarify and confirm Council’s position regarding the proposed renovation and EGM increase.

3. Further note the continuing nature of the Master Plan being developed for Petrie Park and Rattray Reserve.

Moved: Cr Tom Melican Seconded: Cr Jenny Mulholland CARRIED

3. PLANET – ENVIRONMENTAL SUSTAINABILITY

Nil Councillor Mulholland left the Chamber at 08:34 pm. Councillor Mulholland returned to the Chamber at 08:35 pm.

4. PLACE – SUSTAINABLE AMENITY AND BUILT ENVIRONMENT

4.1 LEASE OF PART OF CHELSWORTH PARK TO IVANHOE GRAMMAR SCHOOL

Ms Robyn Roberts, Mr David Jaffee, Mr Paul Simmons, Mr David King, Mr Kevin Biaggini, Mr Paul Walsh and Mr Mark Dickson spoke on the item. EXECUTIVE SUMMARY

Following the resolution of Council in July 2012 officers have been negotiating a lease proposal with Ivanhoe Grammar School in respect of the Council-owned land, tennis courts and improvements known as Chelsworth Park located at 18-28 Irvine Road, Ivanhoe. In accordance with the procedures of S223 of the Local Government Act (the Act) Council advertised its intention to enter into a proposed lease with Ivanhoe Grammar School in The Heidelberg Leader and on Council’s website in August 2014. Of the sixty five (65) written submissions received, thirty eight (38) were in support of the proposed lease and twenty seven (27) were against the proposed lease. The submissions received were considered at the Ordinary Council meeting held on 6 October 2014. This meeting also provided the opportunity for persons to be heard on behalf of their submissions. A petition supporting the Lease with 122 signatures was also presented to Council at the meeting on the 6 October. A total of ten (10) people addressed Council regarding their submissions and the agenda item at the Council meeting on 6 October 2014. The key themes from the speakers and their submissions are summarised as:

Length of Tenure: The lease term is too long and should include review periods.

Public Access: Public access and community access should be priority for any lease or arrangement with the school.

Rates and Financial Management: Rental figures and rental reviews dates are inappropriate and should be reviewed and renegotiated with IGS.



Following the review of all submissions, officers recommend that Council consider adjustments to the proposed lease. A summary of these amendments is provided below with a detailed list of amendments provided in the report:

a. Updated Survey plan to represent the current scout lease area b. Inclusion of the current allocation of hours and schedule of use in the proposed lease c. Inclusion of casual users enquiry and casual users allocations within the Key

Performance Indicator report d. Inclusion of the extra definition of ‘casual user’ in the lease, incorporating a review of

definitions throughout the document. Council’s legal advisers together with officers have updated the proposed lease and subject to Council’s decision, officers will facilitate the grant of the lease with Ivanhoe Grammar School in respect of the Council-owned land, tennis courts and improvements known as Chelsworth Park located at 18-28 Irvine Road, Ivanhoe.


That Council:

1. Require the CEO or his delegate to make the following amendments to the proposed lease: a. Page 1 Schedule Item 8 Further Term(s): delete “one further term of 10 years”

and replace with “two further terms of 5 years” b. Page 26 Clause 8.1.1 give the Council a report detailing all moneys received by

the Tenant from Present Users and Present Non-Users of the Premises in accordance with this Lease and information outlined in Attachment B - Reporting Structures and Key Performance Indicators (KPI's) during the preceding financial year (ending 30 June); and

c. Page 26 Clause 1.8.2 – pay to the Council an amount equal to 50% of the total moneys referred to in Special Condition 1.8.1 and an annual payment of $5,000 for five years and increasing by $1000 every five years thereafter to be used by the Council solely for the purpose of development and improvement of open space areas at Chelsworth and surrounding Ivanhoe area

d. Page 35 Attachment C Capital Works and Improvements Schedule: i. Roads/Car parks - Install vehicle barriers / electronic gate in Irvine Road to

deny vehicle access after-hours in Irvine Road within the park precinct south of the scout hall.

ii. All proposed works to comply with relevant planning, environmental, heritage and building codes.

iii. Where required under the Planning and Environment Act 1987, all proposed works to be advertised to allow for public consultation.

2. Having heard submitters and considered submissions received in relation to Council’s

intention to lease the land and buildings at 18-24 Irvine Road Ivanhoe, known as Chelsworth Park (Land) to The Ivanhoe Grammar School (School) in accordance with sections 190 and 223 of the Local Government Act 1989 at its Ordinary Meeting of 6 October 2014, approves the grant of the lease of the Land to the School for the following reasons:

a. the significant financial contribution that the School will make to the Regional Storm Water Harvesting Project; and

b. the significant financial contribution that the School will make to capital works and environmental improvements to the Land, and the repair and maintenance of the Land during the term of the lease;



3. Notify the submitters of the decision and the reasons for the decision. 4. Authorises the affixing of the Common Seal of Council to the Lease of the Land to the

School for a period of 20 years commencing on 11 November 2014. 5. In the appointment of a reference group that the Ward Councillor be part of that group.

Moved: Cr Jenny Mulholland Seconded: Cr Wayne Phillips CARRIED Councillor Mulholland left the Chamber at 09:35 pm. Councillor Mulholland returned to the Chamber at 09:38 pm. 4.2 LOWER HEIDELBERG ROAD, IVANHOE EAST - PARKING AVAILABILITY FOR

RESIDENTS

Mr Kevin Biaggini spoke on the item. EXECUTIVE SUMMARY

This report considers a number of requests included in a multi-signatory letter from residents of Lower Heidelberg Road, Ivanhoe East, requesting Council to conduct an independent traffic study of the area. Residents have raised concerns in regard to on-street parking availability and the impact of traffic and parking resulting from new development in the area. This report presents an interim investigation of the on-street parking demand, and recommends the installation of timed parking restrictions in the area be evaluated on an as need basis when any future higher density development is completed and occupied. The report also proposes that a precinct wide traffic and parking study for Ivanhoe East should be developed after Banyule’s Principal and Major Activity Centre parking plans are finalised in 2017 as previously approved by Council.


That Council: 1. Review on-street parking availability in the subject area three months after the

occupancy of any one of the following:

190 Lower Heidelberg Road,

204-206 Lower Heidelberg Road, or

208 Lower Heidelberg Road. 2. Prepare a precinct parking plan for Ivanhoe East after the plans for the Major Activity

Centres are completed. 3. Informs the residents of this resolution.




4.3 14 SCOTTS PARADE IVANHOE - SALE OF LAND - HEARING OF SUBMISSIONS

EXECUTIVE SUMMARY

At its Ordinary Meeting of 18 August 2014 (CO2014/263), Council formed the opinion that the drainage reserve known as 14 Scotts Parade, Ivanhoe (Land) was surplus to Council’s and the community’s needs and directed that:

(a) pursuant to Part 4 of the Planning and Environment Act 1987 and Section 24A of the Subdivision Act 1988, the statutory procedures be commenced to vest in Council’s name and the remove the reservation status from the Land;

(b) pursuant to Sections 189 and 223 of the Local Government Act 1989, the statutory procedures be commenced to give public notice, in the “Heidelberg Leader” of its intention to sell the Land; and

(c) following consideration of submissions, Council will decide whether or not to sell the Land to the owner of 12 Scotts Parade, Ivanhoe, or retain the Land for municipal purposes.

Planning Permit P1001/14, issued on 23 October 2014, authorised the vesting and removal of the reserve status on the Land. Council is now the registered proprietor of the Land. Public notice of Council’s intention to sell the Land was given in the “Heidelberg Leader” on 9 September 2014, with submissions on the proposal invited in accordance with section 223 of the Act. The purpose of this report is for Council to consider any written submissions received and hear from submitters who have made a written request to be heard before a meeting of Council. The submission period closed at 5:00 pm on 8 October 2014. No submissions were received.


That Council: 1. Records there were no submissions to be considered or heard in response to the

public notice given pursuant to Sections 189 and 223 of the Local Government Act 1989 of Council’s intention to sell the former drainage reserve known as 14 Scotts Parade, Ivanhoe (the Land).

2. Determine whether or not to proceed with the sale of the Land at its Ordinary Meeting

of 1 December 2014. Moved: Cr Jenny Mulholland Seconded: Cr Tom Melican CARRIED Councillor Mulholland left the Chamber at 09:57 pm. Councillor Mulholland returned to the Chamber at 9:59 pm



4.4 NORTH EAST LINK - QUARTERLY REPORT

Mr Kevin Biaggini spoke on the item. EXECUTIVE SUMMARY

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

VicRoads senior officers met with Councillors and senior management at a Councillor Briefing on 28 July. At the briefing, VicRoads indicated that no work has been undertaken on the North East Link, therefore VicRoads has no position on it and can give no further information.

At a further Councillor Briefing with VicRoads on 27 October VicRoads reiterated that no planning work has been undertaken on the North East Link and it has no mandate to do so.

VicRoads has circulated a draft Principal Traffic Flow Network (PTFN) plan for Council’s comment which identifies Rosanna Road as part of the PTFN but does not include the North East Link in the network.

VicRoads has agreed to a closer working relationship with Council to progress this and other issues.


That Council 1. Make a submission to VicRoads on the proposed Principal Traffic Flow Network

(PTFN) within Banyule including: a. Concern that all Yarra River crossings around Banyule are proposed to be on the

PTFN. It is considered appropriate that public transport and bicycles should have some priority at scarce river crossings

b. Feedback that Rosanna Road/Greensborough Highway should not be on the Principal Traffic Flow Network, consistent with Council’s position on the precedent road user hierarchy and preferred traffic route.

2. Take up VicRoads suggestion to form a working group to investigate solutions for the

safety and amenity impacts of traffic on Rosanna Road. Moved: Cr Tom Melican Seconded: Cr Jenny Mulholland CARRIED 4.5 WILLA AVENUE VIEWBANK - DRAINAGE IMPROVEMENT WORKS TO ADDRESS

OVERLAND STORMWATER FLOW

EXECUTIVE SUMMARY

The issue of overland stormwater flows affecting residents at Willa Avenue in Viewbank was raised as a Notice of Motion at the Council Meeting of 1 September 2014. Council resolved to survey residents with regard to participation in a special charge drainage scheme. However, subsequent investigations have identified pipe capacity issues to be the main cause of overland stormwater flows. It is now proposed that Council proceeds with an upgrade of a section of drain between the two affected properties in Willa Avenue. These works can be completed within existing budget allocations and can be completed this financial year.




That Council: 1. No longer conduct a survey of Martin Street residents with regard to participation of a

special charge drainage scheme as proposed in Council Resolution (CO2014/287); 2. Notes the overland stormwater flow issues raised by residents in Willa Avenue can be

addressed by drainage improvement works funded under the ‘Outcomes of Strategic Drainage Investigations’ budget; and

3. Inform the affected property residents accordingly.

Moved: Cr Tom Melican Seconded: Cr Craig Langdon CARRIED 4.6 198 SHERBOURNE ROAD, MONTMORENCY - REQUEST FOR EXTENSION OF

TIME TO COMMENCE UNDER THE PERMIT

Mr Gary Stewart spoke on the item. EXECUTIVE SUMMARY

Planning permit P426/11 was issued on 24 September 2012 for the development of 8 dwellings and removal of native vegetation. Construction was required to commence by 24 September 2014. The proposed extension of time is sought to allow development to commence by 24 September 2015. The land is now within the Neighbourhood Residential Zone (NRZ3) which specifies that the number of dwellings on a lot must not exceed two. On this basis it is recommended that the request for extension of the existing permit for eight dwellings be refused.


That: 1. The matter be deferred to allow for a meeting to be arranged with the applicant,

officers, Mayor and interested Councillors to discuss all options for this application. 2. The matter be relisted back to Council at the earliest opportunity with a report of that

meeting and recommendation.

Moved: Cr Wayne Phillips Seconded: Cr Jenny Mulholland CARRIED



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

EXECUTIVE SUMMARY

It is proposed to subdivide the land known as 193 Liberty Parade, Heidelberg West into two lots and remove the restrictive covenant contained on title. It is also proposed to create a reserve status for municipal purposes over the majority of the land. This will occur in a future certification application and will complement the Public Conservation and Resource Zone which will continue to protect this important parkland. The application has been assessed against the relevant State and Local Planning Policies and the proposal is considered to be an acceptable outcome on the site.


That Council having complied with Section 52, 58, 60, 61 and 62 of the Planning and Environment Act 1987, resolves that a Notice of Decision to Grant a Planning Permit be issued in respect of Application No. P157/2014 for a two lot subdivision and Removal of the Restrictive Covenant P368489H at 193 Liberty Parade HEIDELBERG WEST subject to the following conditions: Plans (1) Prior to Certification of the Plan of Subdivision, amended plans to the satisfaction of the

Responsible Authority must be submitted to and approved by the Responsible Authority. When approved the plans will be endorsed and will then form part of the permit. The plans must be generally in accordance with the plans submitted with the application but modified to show:

(a) Engineering plans showing the outfall drainage works necessary to connect the

subject site to the Council nominated Legal Point of Discharge. (2) The subdivision as shown on the endorsed plan shall not be altered or modified

(whether or not in order to comply with any statute, Statutory Rule or By-Law or for any other reason) without the consent of the Responsible Authority.

Service Authorities

(3) The owner of the land must enter into agreements with the relevant authorities for the provision of water supply, drainage sewerage facilities, electricity and gas services to each lot shown on the endorsed plan in accordance with that authority’s requirements and relevant legislation at the time.

(4) All existing and proposed easements and sites for existing or required utility services and roads on the land must be set aside in the plan of subdivision submitted for certification in favour of the relevant authority for which the easement or site is to be created.

(5) The plan of subdivision submitted for certification under the Subdivision Act 1988

must be referred to the relevant authority in accordance with Section 8 of that Act.



Works required prior to the issue of Statement of Compliance (6) All drainage works required to connect Lot 1 to the legal point of discharge as

determined by Council in accordance with the endorsed plans pursuant to Planning Permit P157/14 must be carried out to the satisfaction of the Responsible Authority prior to the issue of a Statement of Compliance.

Telecommunications (7) The owner of the land must enter into an agreement with:

A telecommunications network or service provider for the provision of telecommunication services to each lot shown on the endorsed plan in accordance with the provider’s requirements and relevant legislation at the time; and

A suitably qualified person for the provision of fibre ready telecommunication facilities to each lot shown on the endorsed plan in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

(8) Before the issue of a Statement of Compliance for any stage of the subdivision under

the Subdivision Act 1988, the owner of the land must provide written confirmation from:

A telecommunications network or service provider that all lots are connected to or are ready for connection to telecommunications services in accordance with the provider’s requirements and relevant legislation at the time; and

A suitably qualified person that fibre ready telecommunication facilities have been provided in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

Time Limit (9) In accordance with section 68 of the Planning and Environment Act 1987, this permit

will expire if one of the following circumstances applies:

The plan is not certified within two years of the date of this permit; or

A Statement of Compliance is not issued within five (5) years of the date of certification.

The Responsible Authority may extend the permit if a request is made in writing in accordance with, and within the timeframes specified, in Section 69 of Planning and Environment Act 1987.

PERMIT NOTE (A) Street Numbering

Please note that property addresses are allocated by Council. This is usually formalised at the time of the issue of a certified plan, however it is Council’s intention to number the proposed allotments as follows: Lot 1 219 Southern Road Heidelberg West



Lot 2 193 Liberty Parade Heidelberg West (B) Memorandum of Consent for Works

Council’s Construction Department must supervise all works undertaken on Council assets within private property, Council Reserves, easements, drainage reserves and/or road reserves, including connection of the internal drainage system to the existing Council assets. Prior to the commencement of any works, an application must be made and a permit received for:

A “Memorandum of Consent for Works” for any works within the road reserve; and/or

A “Drainage Connection Permit” for any works other than within a road reserve.

(C) Asset Inspection Fee

Prior to the commencement of building works on site in accordance with Local Law 1, a non-refundable Asset Inspection Fee is payable to Council for the inspection of existing Council assets. For further information in relation to this process and the relevant fee please contact Council’s Construction Department on 9490 4222.

Moved: Cr Wayne Phillips Seconded: Cr Jenny Mulholland CARRIED

5. PARTICIPATION – COMMUNITY INVOLVEMENT IN COMMUNITY LIFE

5.1 MULTICULTURAL ADVISORY COMMITTEE MEETING MEMBERSHIP

EXECUTIVE SUMMARY

The aim of the Banyule Multicultural Advisory Committee is to provide Council with advice on multicultural issues and on the development and implementation of Council’s Multicultural Plan 2014-2017 and the Inclusion, Access and Equity (IAE) Framework. The Committee held its first meeting in March and has met on three subsequent occasions. The terms of reference allow for fifteen positions on the Committee, of which thirteen are currently filled. Council has called for expressions of interest to fill the remaining positions. One Expression of Interest has been received. This report considers the appointment of an additional member to Council’s Multicultural Advisory Committee.


That Council approve the appointment of Abdirizak Mohamed as the additional member of the Multicultural Advisory Committee Moved: Cr Jenny Mulholland Seconded: Cr Mark Di Pasquale CARRIED



6. PERFORMANCE - USE OUR RESOURCES WISELY

6.1 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: 20 October 2014

Type of Meeting: Councillor Briefing

Matters Considered: Items on the Council Agenda for the Ordinary Meeting of 20 October 2014 (excluding confidential items) as listed below:

1.1 Fairbank Way Petition - Tree Concerns 3.1 Metropolitan Landfill Services Contracts Extensions 4.1 Paid Parking in Banyule 4.2 Laane Avenue, Rosanna - Traffic

Investigation 4.3 Montmorency Railway Station - Additional

Car Parking 4.4 Julinda Court, Greensborough - Proposed

Discontinuance of Unused 'Road' 4.5 Cyril Cummins Reserve Indoor Hockey

Feasibility Study 4.6 Olympic Park Inline Speed Skate Track Feasibility

Study 6.1 55-59, 61 and 63 Main Street,

Greensborough - Hearing Submissions following Notice of Intention to Sell

6.2 Annual Report 2013-2014 6.3 Assembly of Councillors 6.4 Local Government Electoral Review -

Submission 6.5 Operating and Capital Financial Management

Report for Period Ended September 2014 7.1 Sealing of Documents 8.1 Council Boundary Review 8.2 Naming Options - Haig Street Development Site 8.3 Street Furniture Inspections



9. General Business 10. Urgent Business

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

Staff Present: Simon McMillan – Chief Executive Officer Allison Beckwith - Community Programs Scott Walker – Director City Development Geoff Glynn – Director Assets and City Services Keith Yeo - Director Corporate Services Gina Burden – Manager Governance, Information & Laws Daniel Kollmorgen – Acting Manager Strategic Economic Emily Outlaw – Council Governance Liaison Officer Joel Elbourne – Acting Manager Development Services David Bailey – Engineering Services Coordinator Peter Benazic – Manager Parks and Gardens Tania O’Reilly – Manager Finance and Procurement

Others Present: Nil

Conflict of Interest: Nil


q Type of Meeting: Councillor Briefing

Matters Considered: Draft General Local Law no.1 2015 - Review process and presentation on draft

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

Staff Present: Simon McMillan – Chief Executive Officer Allison Beckwith - Community Programs Scott Walker – Director City Development Gina Burden – Manager Governance, Information & Laws Jan Richardson – Cemeteries Coordinator Trevor Jeffs – Environment Health Officer Mark Bernhardt – Municipals Laws Coordinator Brad McMahon – Team Leader Local Laws Daniel Kollmorgen – Acting Manager Strategic Economic

Others Present: Nil






Matters Considered: Various transport related matters within Banyule

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

Staff Present: Simon McMillan – Chief Executive Officer Allison Beckwith - Community Programs Scott Walker – Director City Development Geoff Glynn – Director Assets and City Services Joel Elbourne – Acting Manager Development Services David Bailey – Engineering Services Coordinator Daniel Kollmorgen – Acting Manager Strategic Economic Tim Partridge – Team Leader Transport

Others Present: Patricia Liew – VicRoads Nick Fisher – VicRoads




Matters Considered: Items on the Council Agenda for the Special Meeting of 28 October 2014 as listed below: 6.1 Mayoral Term 6.2 Election of Mayor 6.3 Consideration of Nominations for Deputy Mayor 6.4 Appointment of Councillors on Committees

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 Emily Outlaw – Council Governance Liaison Officer

Others Present: Nil





That the Assembly of Councillors report be received.

Moved: Cr Jenny Mulholland Seconded: Cr Tom Melican CARRIED Councillor Mulholland left the Chamber at 10:40 pm. Councillor Mulholland returned to the Chamber at 10:41 pm. Check time 6.2 27A CHERRY STREET MACLEOD - PROPOSED SALE OF LAND - HEARING OF

SUBMISSIONS

Mr David Mackay spoke on the item. EXECUTIVE SUMMARY

Council is the owner of 62m2 of land, known as 27A Cherry Street, Macleod (subject land). The subject land was ‘road’ and formed part of the right of way at the rear of both 27 Cherry and 29 Joynt Streets, Macleod, which was discontinued in 1972 by the former Heidelberg Council, and remains unsold. The subject land comprises two (2) separate titles of 31m2 each. A request to purchase the subject land has been received from the owner of 29 Joynt Street, Macleod. Council, at its Ordinary Meeting of 1 September 2014 (CO2014/283), considered a report in relation to the proposal to sell the subject land to an abutting owner by private treaty. Council resolved to commence the statutory procedures in accordance with section 189 of the Local Government Act 1989, by giving public notice of this proposal. Public notice of Council’s intention to sell the subject land was given in the “Heidelberg Leader” on 10 September 2014. One written submission was received, which included a request to be heard before a meeting of Council. The purpose of this report is for Council to consider the written submission received and to hear from the submitter. The submitter has been invited to attend Council’s Ordinary Meeting of 10 November 2014 to be heard in support of the written submission received.


That Council: 1. Record that one submission, which included a request to be heard, was received in

response to the public notice given, pursuant to Sections 189 and 223 of the Local Government Act 1989, of Council’s intention to sell the Council owned land known as 27A Cherry Street, Macleod (subject land) and that this submission was considered and the submitter heard by Council at its Ordinary Meeting of 10 November 2014.

2. Determine whether or not to proceed with the sale of the subject land to an abutting or

both abutting owners at its Ordinary Meeting of 1 December 2014.

Moved: Cr Tom Melican Seconded: Cr Wayne Phillips CARRIED



Councillor Melican left the Chamber at 10:50 pm. Councillor Melican returned to the Chamber at 10:51 pm. 6.3 REZONING 22 AND 24 PETERS STREET, WATSONIA

EXECUTIVE SUMMARY

Planning Scheme Amendment C103 proposes to rezone the land at 22 and 24 Peters Street, Watsonia from Public Park and Recreation Zone (PPRZ) to General Residential Zone Schedule 1 (GRZ-1). The amendment is required to facilitate the possible sale of the land and reallocation of resources to purchase or improve land for public recreation within Banyule.

Amendment C103 has been on public exhibition for five (5) weeks from Thursday 28 August 2014 to Friday 3 October 2014. A total of two written submissions were received objecting to the amendment. Discussions with the two submitters who objected to the proposal led to one submission being resolved and withdrawn. One submission remains unresolved. Council now needs to request a Planning Panel to consider the unresolved submission.


That Council: 1. Adopt Banyule Planning Scheme Amendment C103 to rezone 22 and 24 Peters Street,

Watsonia from Public Park and Recreation Zone to General Residential Zone Schedule 1.

2. Request the Minister for Planning to approve Amendment C103 into the Banyule

Planning Scheme. Moved: Cr Mark Di Pasquale Seconded: Cr Wayne Phillips CARRIED 6.4 55-59, 61 AND 63 MAIN STREET GREENSBOROUGH - PROPOSED SALE OF

LAND

EXECUTIVE SUMMARY

At its Ordinary Meeting of Council on 7 July 2014, Council authorised the commencement of the statutory procedures to give public notice of its intention to sell the Council owned land and buildings known as 55-59, 61 and 63 Main Street Greensborough (subject land) in accordance with section 189 of the Local Government Act 1989 (Act). Public notice was given in the “Diamond Valley Leader’ on 20 August 2014, with submissions on the proposal invited in accordance with section 223 of the Act. The submission period closed at 5:00 pm on 16 September 2014. At its Ordinary Meeting of Council on 20 October 2014 (CO2014/357) Council received a report on the outcome of the public notice given, recording that no submissions were received. The purpose of this report is for Council to determine whether or not to proceed with the sale



of the subject land.


That Council: 1. Having recorded, at its Ordinary Meeting of 20 October 2014, that no submission were

received in relation to Council’s intention to sell the Council-owned land and buildings known as 55-59, 61 and 63 Main Street Greensborough (subject land), in accordance with sections 189 and 223 of the Local Government Act 1989, approves the offering of the subject land for sale at public auction.

2. Directs that a valuation be obtained prior to the sale of the subject land. 3. Authorises the signing and sealing of the documentation at the appropriate time to

effect the sale and transfer of the subject land. 4. Consider a further report in relation to setting the reserves for the sale of the subject

land.

Moved: Cr Mark Di Pasquale Seconded: Cr Wayne Phillips CARRIED 6.5 REVIEW AND UPDATE OF DELEGATIONS

EXECUTIVE SUMMARY

The Local Government Act 1989 (LGA) allows Councils to delegate to council staff certain powers by instrument of delegation. There are numerous statutes which confer a responsibility on Councils to take action or determine matters, it is not practical for the Council and the Chief Executive Officer alone to exercise the many statutory powers bestowed on the Council. A delegation of a Council power enables a member of Council staff to act on behalf of Council and allows for the effective day to day functioning of Council. A delegated decision, once made, is for all legal purposes a decision of the Council. For delegations to remain current, they are reviewed generally once to twice a year based on advice from Council’s solicitors (Maddocks) who provide updates throughout the year. There may be a requirement for an update earlier due to changes to officer’s titles or as a result major legislative changes. A review of the management structure of the Council’s Administration has occurred and the new management structure takes effect on 17 November 2014. This requires the update of the delegations to ensure all relevant positions have the appropriate delegation in accordance with the correct title and in place by this date. This update only makes changes to officer titles and are incorporated into the revised Instruments of Delegation, proposed for adoption by Council and include: the delegation to the Chief Executive Officer and the following Acts and associated regulations: Domestic Animals, Environment Protection, Food, Planning, Residential Tenancies and Road Management.




In the exercise of the powers conferred by section 98(1) of the Local Government Act 1989 (the Act) and the other legislation referred to in the attached instruments of delegation for the Chief Executive Officer and the following Acts and associated regulations: Domestic Animals, Environment Protection, Food, Planning, Residential Tenancies and Road Management, Council resolves that- 1. There be delegated to the members of Council staff holding, acting in or performing the

duties of the offices or positions referred to in the attached Instrument of Delegations, the powers set out in that instrument, subject to the conditions and limitations specified in that Instrument.

2. The instrument comes into force immediately the common seal of Council is affixed to the instrument.

3. On the coming into force of the instruments all previous delegations to members of

Council staff are revoked. 4. The powers set out in the instruments must be executed, in accordance with any

guidelines or policies of Council that it may from time to time adopt.

Moved: Cr Jenny Mulholland Seconded: Cr Tom Melican CARRIED 6.6 SCHOOL SITES PROJECT UPDATE AND OUTCOME OF REQUEST FOR TENDER

PROCESS: 229 BANKSIA STREET, IVANHOE (FORMER BELLFIELD PRIMARY SCHOOL)

EXECUTIVE SUMMARY

This report announces the outcome of the Request for Tender process for the sale of 229 Banksia Street, Ivanhoe (Ivanhoe site) and provides an overall project update. In summary:

The successful purchaser of the Ivanhoe site is Stockland Developments Pty Ltd (“Stockland”).

Contracts of sale have now been executed and the final sale price is $22,100,000

Financial return will be used to offset borrowing, demolition, legal and other costs and position Council to contribute to the proposed community stadium precinct in Banksia Street as well as other projects within the municipality.

Development on the site will be subject to a future planning permit application and will be required to adhere to the requirements set out in Council’s Development Guidelines for the site.

The concept proposal shows 79 homes, predominately two-storey with some three-storey homes along Banksia Street which is consistent with Council’s Development Guidelines of 80-140 homes.

It is expected that a future refined planning application will be generally in accordance with the current proposal and development guidelines.

Community information sessions are proposed to explain the concept before a planning application is lodged.

A planning application is anticipated to be lodged in late 2014 or early 2015.

Council is continuing to advocate for an education site at 230 Banksia Street, Bellfield to the State Government and Opposition until the conclusion of the state election on 29 November 2014.



A planning application has been lodged for the Haig Street development site.

Planning for the Banksia Stadium Precinct is progressing. Stockland, one of Australia’s largest and experienced developers has proposed a high quality master plan with a mix of housing outcomes. This report recommends Council receives the project update and communicates this outcome to the public.


That Council: 1. Write to all resident and property owners in the 229 Banksia Street, Ivanhoe local

neighbourhood area providing an update on the project announcing Stockland as the successful purchaser and advising of future consultation.

2. Update Council’s webpage with the latest information relating to the project.

Moved: Cr Tom Melican Seconded: Cr Jenny Mulholland CARRIED

7. SEALING OF DOCUMENTS

7.1 SEALING OF DOCUMENTS


That the Common Seal of the Banyule City Council be affixed to the following documents: 1. The leases between Banyule City Council and Ivanhoe Endoscopy Centre Pty Ltd for

the leases of Tenancies 2 & 3, 226 Upper Heidelberg Road, Ivanhoe for the term of three (3) years with options for a further term of three (3) years.

2. The Common Funding Agreement between The State of Victoria represented by the

Department of Education and Early Childhood Development and Banyule City Council to facilitate the distribution of the funds to develop a new early learning facility to be located within the grounds of the Sherbourne Primary School at Outlook Crescent, Briar Hill VIC 3088.

Moved: Cr Jenny Mulholland Seconded: Cr Tom Melican CARRIED Councillor Phillips left the Chamber at 10:55 pm. Councillor Phillips returned to the Chamber at 10:57 pm.



8. NOTICES OF MOTION

8.1 COMPACT WITH SOMALI COMMUNITY

Cr Rick Garotti submitted a notice of motion Resolution (CO2014/388)

That Council refer the matter to the next Multicultural Committee Meeting on the 20 November and that the concept be discussed at the dinner with Somali Community to be held on 17 November 2014.

Moved: Cr Jenny Mulholland Seconded: Cr Craig Langdon CARRIED 8.2 COUNCIL ASSISTED ORGANISATIONS

Cr Rick Garotti submitted a notice of motion


That Council officers prepare a report on all of the organisations, including peak bodies, industry associations and service providers, that Council provides funding to on an ongoing basis within one month of this meeting. The report should be prepared in a table format that describes each organisation, the amount of funding allocated to them in the 2014-15 budget and a brief summary of what the funding is used for by the respective organisations.

Moved: Cr Jenny Mulholland Seconded: Cr Craig Langdon CARRIED 8.3 BURGUNDY STREET, HEIDELBERG, FOOTPATH REHABILITATION WORKS

Cr Jenny Mulholland submitted a notice of motion Resolution (CO2014/390)

That Council officers investigate and refer funding for budget consideration in the 2015 /16 budget process for rehabilitating the footpath in Burgundy Street, Heidelberg, where the recent gas works have occurred.




8.4 ANNUAL CHRISTMAS CAROLS

Cr Jenny Mulholland submitted a notice of motion


That Council officers provide a report on options to hold the annual Christmas Carols event/s across the municipality.

Moved: Cr Jenny Mulholland Seconded: Cr Wayne Phillips CARRIED 8.5 ESTABLISHMENT OF A VOLUNTEER AWARDS WORKING GROUP

Cr Craig Langdon submitted a notice of motion Resolution (CO2014/392)

That Council establishes a Working Group including the Mayor, Deputy Mayor and Portfolio Councillor for Community Programs and relevant Council Officers to review and allocate the various awards and honours associated with the Volunteer Award Night.

Moved: Cr Jenny Mulholland Seconded: Cr Craig Langdon CARRIED 8.6 MULTICULTURAL CITIZEN OF THE YEAR

Cr Craig Langdon submitted a notice of motion Resolution (CO2014/393)

1. That Council establish an annual award honouring the outstanding work of a resident to enhance multiculturalism and promote harmony within the City of Banyule.

2. That the Award be presented to the resident at the Volunteer Ball similar to the other

awards like Citizen of the year.

Moved: Cr Jenny Mulholland Seconded: Cr Craig Langdon CARRIED



8.7 SENIORS BOOKLET

Cr Craig Langdon submitted a notice of motion.


1. That Council investigates the introduction of a Banyule Seniors Booklet.

The booklet to include:

All the services offered by Council to its retired and senior citizens;

Services provided by the other levels of Government;

Council's planned activities & events;

Advertising discounts at local shopping centres for seniors;

Promoting our local RSL's in their welfare work, their activities and discounts for seniors;

Contact points for the hospitals, age care facilities, emergency phone numbers, Councillors and relevant Council services; and

Any other information which may be deemed helpful. 2. That a report be brought back to Council outlining the feasibility of the proposal. If

adopted the first booklet to be ready for next year’s Seniors events in October.

Moved: Cr Jenny Mulholland Seconded: Cr Craig Langdon CARRIED

9. General Business

9.1 MOTOR SHOW - WATSONIA

Cr Jenny Mulholland mentioned the Watsonia Motor Show and thanked Council staff and trade groups for their efforts in organising the event.

10. Urgent Business

CONSIDERATION OF URGENT BUSINESS ITEM

(CO2014/395) Resolution That an item of Urgent Business be considered. Moved: Cr Jenny Mulholland Seconded: Cr Craig Langdon CARRIED



10.1 POLITICAL SIGNS ON PUBLIC LAND

It has noted that there have been several large political signs which have recently been erected on public land promoting candidates in the up-coming State Election. These signs have been erected on VicRoads land, and enquiries made with VicRoads have confirmed that they have provided approval and permits for these signs to be erected.

In the past leading up to an election, it has only ever been the case that political signs have been placed on private land with the permission of the owner. Given the scale and size of the signs and the placement near major roads it is worrying that these signs are being allowed by VicRoads as they present a potential safety hazard for motorists.


That Council:

1. Write to VicRoads and the relevant Minister raising its grave concern with large political signs erected on Main Roads in Banyule with the apparent approval of VicRoads. Council is extremely concerned that these signs may be a distraction for motorists on these busy roads and noting it is contrary to the Road Safety message being promoted by VicRoads.

2. Express its disappointment that no consultation with Council took place prior to alleged approval being given.

Moved: Cr Wayne Phillips Seconded: Cr Craig Langdon CARRIED 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 confidential items 11.1. The Meeting was adjourned at 11.32pm. The Meeting was closed to the public at 11.38pm.

Closure of Meeting

The Meeting was closed at 11.59 pm

DATED:........................... DAY OF ........................... 2014

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