Banyule City Council Minutes 8 February 2016

These Minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 22 February 2016 1

Ordinary Meeting of Council

Council Chambers, Service Centre

275 Upper Heidelberg Road, Ivanhoe

8 February 2016 commencing at 7.45pm

MINUTES

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

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

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

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

DISCLOSURE OF INTERESTS ............................................................................................. 3

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

1.1 Petition for Parking Restrictions - Elphin Street, Ivanhoe, East of Waterdale Road ....................................................................................................................... 4

1.2 Petition in Relation to Planning Permit Application P964/2015 for removal of covenant at 59 Studley Road, Ivanhoe .................................................................... 5

1.3 Studley Road, Ivanhoe - Review of Parking Arrangements ..................................... 6

2. PEOPLE – COMMUNITY STRENGTHENING AND SUPPORT ...................................... 7

2.1 Fernside Avenue, Briar Hill - Children's Crossing Supervisor .................................. 7

3. PLANET – ENVIRONMENTAL SUSTAINABILITY ......................................................... 7

Nil

4. PLACE – SUSTAINABLE AMENITY AND BUILT ENVIRONMENT ................................ 8

4.1 Renaming of Mental Health Reserve, Bundoora ..................................................... 8 4.2 Traffic around Loyola College, Watsonia ................................................................. 9 4.3 Port Phillip and Westernport Regional Flood Management Strategy ..................... 10 4.4 Erection of boundary fencing at 4 Radio Drive, Viewbank ..................................... 11 4.5 Proposed Amendment of Planning Permit P589/2005 to include 'Packaged

Liquor Licence' at 85-87 Silverdale Road, Eaglemont ........................................... 12 4.6 Ivanhoe Grammar School - Transition to Compliance ........................................... 13

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

Nil

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

6.1 Council Elections 2016 ......................................................................................... 14 6.2 Preschool Leases - Commence statutory procedures ........................................... 15 6.3 Watsonia Pool Lease: 20 Liat Way, Greensborough ............................................. 17

MINUTES ORDINARY MEETING OF COUNCIL 8 FEBRUARY 2016

2 These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 22 February 2016

6.4 Assembly of Councillors ........................................................................................ 18 6.5 Items for Noting .................................................................................................... 21 6.6 7 Dudley Street, Ivanhoe - Proposed Discontinuance of RW053 and Sale of

Land - Hearing of Submissions ............................................................................. 22 7.1 Sealing of Documents ........................................................................................... 23 6.7 7 Flintoff Street, Greensborough - Proposed lease of car parking spaces ............. 23

8. NOTICES OF MOTION .................................................................................................. 24

8.1 New Pedestrian Crossing - Heidelberg Road, Ivanhoe, near The Boulevard......... 24 8.2 Status of Closure of Myrtle Street, Linden Avenue and Forster Street,

Ivanhoe ................................................................................................................. 24 8.3 Proposed closure of Commonwealth Bank - Heidelberg West .............................. 25 8.4 Reconciliation Week 2016 ..................................................................................... 26

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

9.1 Ivanhoe Girls' Grammar School and Cooerwull Service Awards ........................... 27 9.2 Ivanhoe Grammarians Lodge ................................................................................ 27 9.3 Pride March .......................................................................................................... 27

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

CLOSURE OF MEETING TO THE PUBLIC ......................................................................... 28


These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 22 February 2016 3

EXTENSION OF PUBLIC FORUM

Resolution (CO2016/1) That the Public Forum be extended until 8:00 pm. Moved: Cr Jenny Mulholland Seconded: Cr Tom Melican CARRIED The Meeting opened at 8.00pm. Acknowledgement of the Traditional Owner, the Wurundjeri willam people The Mayor read an acknowledgement of the traditional land owners, the Wurundjeri willam people.

Present

Mayor Cr Craig Langdon, Cr Wayne Phillips, Cr Mark Di Pasquale, Cr Rick Garotti, Cr Tom Melican, Cr Jenny Mulholland

Apologies

Cr Steven Briffa

Leave of Absence

Nil

Confirmation of Minutes

That the following Minutes be confirmed: Ordinary Meeting of Council held 14 December 2015

Moved: Cr Jenny Mulholland Seconded: Cr Mark Di Pasquale CARRIED Special Meeting of Council held 21 December 2015

Moved: Cr Jenny Mulholland Seconded: Cr Tom Melican CARRIED

Disclosure of Interests

Councillor Jenny Mulholland declared a conflict of interest in item 1.2 being a direct interest as her residential property is a beneficiary of the covenant at 59 Studley Road Ivanhoe.



1. PETITIONS

1.1 PETITION FOR PARKING RESTRICTIONS - ELPHIN STREET, IVANHOE, EAST OF WATERDALE ROAD

EXECUTIVE SUMMARY A petition with ten (10) signatures was received from residents of Elphin Street Ivanhoe on 12 January 2016. The petition prayer is as follows: “We, the undersigned, wish hereby to advise Banyule City Council of our support for the introduction of parking restrictions in that part of Elphin Street east of Waterdale Rd; these restrictions being as defined in the Council’s ‘Proposed Parking Restrictions – Streets Surrounding Ivanhoe Grammar School’ and currently being implemented. This advice is to be understood as superseding any previous advice which may have been given on this matter by any signatory.” At its meeting on 9 June 2015, Council considered a report in relation to the Development Plan for Ivanhoe Grammar School and resolved to implement a 12 month parking restrictions trial following consultation with surrounding residents. Residents of 16 streets identified in the resolution were consulted in September 2015, the survey results indicated that a majority of the respondents in Elphin Street, Ivanhoe, east of Waterdale Road wished to retain the existing unrestricted parking. Subsequently the residents were advised that Elphin Street would not be included in the 12 month trial of area wide 2-hour parking restrictions. Following submission of this petition, the residents’ preferences have been reviewed. As the majority of respondents in this section of the street now wish to be included in the trial, parking restrictions have been installed consistent with the parking restriction trial in other streets surrounding Ivanhoe Grammar School.

Resolution (CO2016/2)

That Council:

1. Receives and notes the petition. 2. Notes that Elphin Street, Ivanhoe, east of Waterdale Road has now been included in

the 12 month trial of area wide 2-hour parking restrictions and appropriate signs have been installed.

3. Advises the primary petitioner of the Council resolution regarding this matter.

Moved: Cr Jenny Mulholland Seconded: Cr Mark Di Pasquale CARRIED



1.2 PETITION IN RELATION TO PLANNING PERMIT APPLICATION P964/2015 FOR

REMOVAL OF COVENANT AT 59 STUDLEY ROAD, IVANHOE

Councillor Jenny Mulholland declared a conflict of interest in item 1.2 being a direct interest as her residential property is a beneficiary of the covenant at 59 Studley Road Ivanhoe. Councillor Mulholland left the Chamber at 8:05 pm. EXECUTIVE SUMMARY A petition with 34 signatures has been received from local residents, the majority of which are located in Studley Road, Ivanhoe. The petition prayer is as follows:

“We, the undersigned as Beneficiaries to the Covenant and/or affected residents in the area,

would like to register our objections to the Planning Permit Application (P964/2015) proposed

that the ‘Single Dwelling’ covenant in place at #59 Studley Road be removed.

The following reasons are offered in support of this position:

The removal of the covenant, or the ‘single dwelling’ part thereof, will provide the

opportunity for the redevelopment of the complete area of 59 Studley Road to plans not

currently available for scrutiny and consequently involve medium to high density

dwelling proposals.

The ‘Neighbourhood Character’ will be adversely affected if there is a departure from

the current covenant position. There are still a number of properties of large block size

with significant residences remaining in the area. Some of these are included in the

Banyule Heritage Overlay. Examples include the residences at 9, 29, 47 and 135

Studley Road. The residence at 59 Studley Road could be described as something

approaching an icon in the area.

The property at 59 Studley Road has a single driveway running onto Studley Road on

the sharpest ben in the road presenting a significant road safety risk in the event that

higher usage, or duplication, of that driveway were proposed in any future

development.”

No specific action by Council is sought.


That: 1. Council Receives and notes the petition. 2. The concerns raised in the petition be considered as part of the assessment of

Planning Permit application (P964/2015). 3. The primary petitioner be advised accordingly. Moved: Cr Wayne Phillips Seconded: Cr Tom Melican CARRIED



Councillor Jenny Mulholland returned to the Chamber at 8.12 pm. 1.3 STUDLEY ROAD, IVANHOE - REVIEW OF PARKING ARRANGEMENTS

Greg Crawford spoke to the item. EXECUTIVE SUMMARY Council considered a report and petitions at its meeting on 19 October 2015, regarding parking in Studley Road, Ivanhoe and resolved not to change the parking restrictions between Carn Avenue and Waldemar Road. A further petition with 61 signatures was received on 23 November 2015 supporting the retention of the existing parking arrangements and requesting that the proposed meeting between local residents, Council officers, Mayor and Ward Councillor be cancelled. The petition prayer is as follows: “We, the undersigned, would like to request that Council review the need for, and cancel, the “Town Hall” type meeting to review options for Parking Restrictions in Studley Rd. between 59 Studley Rd and Waldemar Road, given the apparent overwhelming majority support for “No Change”, and to reaffirm our support for the “No Change” option in the survey documentation. The following reasons are offered in support of this position.

The “Conclusion” of the report [F2015/57] prepared by the Council Traffic and Transport Team states “Given the availability of parking in the area and the inconclusive level of support for the installation of short term parking restrictions on the north side of Studley Road, it is proposed that the existing parking restrictions in Studley Road Ivanhoe between Carn Avenue and Waldemar Road be retained without change.”

The corrected response rate for the Survey was 19 from the 41 surveys distributed with 4 respondents indicating their support for introducing 2 Hour restrictions and the balance of 15 respondents expressing their wish to retain the existing parking arrangement [79% for “NO CHANGE”].

The Petition supporting the “No Change” Option [lodged before the submission deadline] carried 26 signatures while the Petition supporting the “2 Hour Parking Restriction” Option [lodged after the submission deadline] carried 7 signatures [79% for “No Change”].”

It is considered that the existing parking conditions in Studley Road, Ivanhoe between Carn Avenue and Waldemar Road should be retained and that the proposed meeting between local residents, Council officers, Mayor and Ward Councillor be cancelled.


That Council: 1. Receives and notes the petition. 2. Confirms the decision not to change the parking arrangements in Studley Road,

Ivanhoe and agrees not to hold a meeting with local residents.

3. Notifies the primary petitioner of the Council resolution regarding this matter. Moved: Cr Jenny Mulholland Seconded: Cr Wayne Phillips CARRIED



2. PEOPLE – COMMUNITY STRENGTHENING AND SUPPORT

2.1 FERNSIDE AVENUE, BRIAR HILL - CHILDREN'S CROSSING SUPERVISOR

EXECUTIVE SUMMARY

Given the high percentage of children walking to Sherbourne Primary and the nature of the surrounding road network, the number of vehicles using Fernside Avenue, Briar Hill, has not been sufficient to meet VicRoads warrants for a children’s crossing supervisor subsidy. Council requested VicRoads to give special consideration to subsidising the supervision of the crossing through the application for the 2016-17 children’s crossing supervision subsidy. While a formal response on VicRoads’ decision to subsidise the crossing will not be received until May 2016, VicRoads’ Community Road Safety Advisory Unit has indicated that the likelihood of including the subsidy for the employment of a supervisor at the Fernside Avenue crossing for the 2016-17 financial year is high.


That Council: 1. Continue to fund the supervision of the crossing on Fernside Avenue, Briar Hill,

between Hyacinth Street and Outlook Crescent for the 2016 calendar year. 2. Following confirmation from VicRoads in regards to the provision of a subsidy for the

supervision of the crossing on Fernside Avenue, Briar Hill, continue to fund the supervision of the crossing.

3. Inform Sherbourne Primary School in writing of this resolution.

Moved: Cr Wayne Phillips Seconded: Cr Jenny Mulholland CARRIED

3. PLANET – ENVIRONMENTAL SUSTAINABILITY

Nil



4. PLACE – SUSTAINABLE AMENITY AND BUILT ENVIRONMENT

4.1 RENAMING OF MENTAL HEALTH RESERVE, BUNDOORA

EXECUTIVE SUMMARY

This report is presented in response to a previous Council resolution to investigate a potential name change for Mental Health Reserve in Greenwood Drive, Bundoora. As part of the investigation, officers have undertaken a comprehensive consultation process to determine a proposed new name for the reserve. This report provides an overview of the consultation undertaken and proposes the adoption of the name most supported by the community, Greenwood Reserve, for submission to the Office of Geographic Names for consideration and formal endorsement. Councillor Phillips left the Chamber at 8:29 pm.


That Council: 1. Lodge to the Office of Geographic Names (OGN) a formal submission to rename

Mental Health Reserve in Bundoora to Greenwood Reserve. 2. Notify all submitters involved in the community consultation of the OGN’s decision. 3. Advise all relevant authorities of the renaming. 4. Consider allocating funds in the 2016/17 budget for the preparation and installation of

interpretive signs detailing the history of the area. 5. Write to the local residents in consultation with the Ward Councillor, and that the

correspondence include the contact details of the Ward Councillor.

Moved: Cr Rick Garotti Seconded: Cr Tom Melican CARRIED



Councillor Phillips returned to the Chamber at 8:32 pm. 4.2 TRAFFIC AROUND LOYOLA COLLEGE, WATSONIA

Ron Whitmore and Samantha Forsyth spoke to the item. EXECUTIVE SUMMARY

Following investigations to improve the flow of traffic around Loyola College, Council resolved to install parking restrictions in the area, and to consult with residents in regards to the restriction of traffic access into the area. The results of the consultation process indicate that the support for any modification to the operation of traffic in the area is low.


That this item be deferred to a future Meeting of Council.

Moved: Cr Rick Garotti Seconded: Cr Tom Melican CARRIED Councillor Garotti left the Chamber at 8:50 pm.



4.3 PORT PHILLIP AND WESTERNPORT REGIONAL FLOOD MANAGEMENT

STRATEGY

EXECUTIVE SUMMARY

Council recently received correspondence from Melbourne Water seeking endorsement of

the Flood Management Strategy for Port Phillip and Westernport (FMS).

The main objective of the FMS is to improve flood management within the region by focusing

on the collaboration of flood management organisations.

To achieve the objectives, the strategy identifies and assigns a series of activities and

responsibilities, some of which have been assigned to councils for delivery.

This strategy is in line with the Victorian Floodplain Management Strategy at the state level

and the Banyule area Flood Management Plan at the local level. To date Council has made

substantial progress on actions and responsibilities identified in Council’s Flood Management

Plan 2012.

Council has completed a Stormwater Capacity Analysis identifying areas of overland flow

and ponding during severe weather events across the municipality. This has informed

Council’s Stormwater Capital Works Program and has enabled the preparation of a special

building overlay schedule (SBO2) to be introduced into the Banyule Planning Scheme. The

overlay is currently awaiting the Planning Minister’s approval.

Within the activities and responsibilities assigned to councils and to Melbourne Water with

the FMS, clarification needs to be sought on the roles and responsibilities of councils as the

local drainage authorities and Melbourne Water as the flood plain management authority. In

particular clarification around the legal status of the 60 hectare catchment limit.

It is therefore considered that Council should endorse the FMS and also to seek clarification

from Melbourne Water with the support of the Municipal Association of Victoria (MAV) on the

appropriate responsibilities of drainage authorities and floodplain management authorities.


That Council:

1. Writes to Melbourne Water endorsing the Port Phillip and Westernport Flood

Management Strategy and seeking clarification on the roles and responsibilities of

drainage authorities and the floodplain management authority, particularly in

catchment sizes of less than 60 hectares.



2. Writes to the Municipal Association of Victoria (MAV) to advocate for greater

understanding and representation for councils as drainage authorities as opposed to

floodplain management authorities, particularly in catchment sizes of less than 60

hectares.

3. Submits a motion to the MAV State Council on this matter.

Moved: Cr Tom Melican Seconded: Cr Jenny Mulholland CARRIED 4.4 ERECTION OF BOUNDARY FENCING AT 4 RADIO DRIVE, VIEWBANK

EXECUTIVE SUMMARY

The applicant has lodged an application for consent under the Section 173 Agreement (AG961121C) affecting Nos. 1 to 6 Radio Drive for the construction of a 1.8 metre high black chain wire mesh fence to the side and rear boundaries of 4 Radio Drive, Viewbank, in order to increase the security of the subject site. The construction of the boundary fence is not considered to be appropriate for the following reasons:

The boundary fence is contrary to the open and rural landscape character of the Rural Conservation Zone and Bush Woodland Precinct;

The fence has the potential to detrimentally impact on habitat corridors and the movement of native wildlife contrary to the objectives of the Environmental Significance Overlay – Schedule 1;

The fence is inconsistent with endorsed documents under the permitted subdivision permit that relate to the subject property; and

The fence is at odds with a Tribunal determination which reviewed Council’s decision to issue a refusal for a solid 1.8 metre boundary fence at 1 Radio Drive.


That Council give consent to the construction of a 1.8 metre high black chain wire mesh fence to the side and rear boundaries of 4 Radio Drive pursuant to Clause 3.2 (c) of the Section 173 Agreement registered on Title. Moved: Cr Wayne Phillips Seconded: Cr Mark Di Pasquale CARRIED



4.5 PROPOSED AMENDMENT OF PLANNING PERMIT P589/2005 TO INCLUDE

'PACKAGED LIQUOR LICENCE' AT 85-87 SILVERDALE ROAD, EAGLEMONT

Brendan Mitchell and Kerryn Dole spoke to the item. EXECUTIVE SUMMARY

The applicant has lodged an application for a Section 72 Amendment, to amend Planning Permit P589/2005 to enable the sale of packaged liquor at the existing IGA supermarket located at 85-87 Silverdale Road, Eaglemont. This planning permission is necessary before the applicant can seek approval for a liquor licence from the Victorian Commission for Gambling and Liquor Regulations. It is proposed that liquor would be sold within the existing store trading hours.

Monday-Saturday 9am-9pm Sunday 10am-2pm Except Good Friday, Anzac Day and Christmas Day Public notification of the proposal was carried out, with seven (7) objections being received. The application has received considerable public attention, with a petition being considered by Council at the meeting of the 9 November 2015. It is considered that the proposal incorporates an appropriate level of compliance with State and Local planning policies and the decision guidelines and that the application should be supported. Councillor Garotti returned to the Chamber at 9:24 pm.


That Council having complied with Section 52, 58, 60, 61 and 62 of the Planning and Environment Act 1987, resolves that a Refusal to Grant a Planning Permit be issued in respect of an amendment of Application No. P589/2005 to include a ‘Packaged Liquor Licence’ at 85-87 Silverdale Road EAGLEMONT on the following grounds: Amenity

1. The proposed amendment is contrary to the purpose and decision guidelines of Clause 52.27 of the Banyule Planning Scheme as the provision of second licenced premises within the shopping village will detract from the amenity of the surrounding heritage area.

Moved: Cr Jenny Mulholland Seconded: Cr Tom Melican CARRIED Cr Jenny Mulholland called for a division:

FOR: Cr Mark Di Pasquale, Cr Rick Garotti, Cr Tom Melican, Cr Jenny Mulholland Cr Craig Langdon

AGAINST: Cr Wayne Phillips The Chairperson declared the motion CARRIED



Councillor Di Pasquale left the Chamber at 9:30 pm. 4.6 IVANHOE GRAMMAR SCHOOL - TRANSITION TO COMPLIANCE

EXECUTIVE SUMMARY

The development of Ivanhoe Grammar School is currently transitioning between the old development plan (February 2000) and the new plan approved in June 2015 but not yet endorsed. There are expectations set under the previously approved development plan that have not been fulfilled, such as the provision of car parking. While these expectations will be resolved with the completion of projects scheduled under the newly approved development plan, this plan is yet to be finalised and the timing is currently at the discretion of the school. The school has also provided census data for August 2015 confirming that its staff and student numbers are currently in excess of the maximums allowed under the February 2000 Development Plan. Council, at its meeting on 5 October 2015, resolved to extend the existing development plan for a transitional period on the condition that Ivanhoe Grammar School carry out certain actions (including increasing on site car parking) by the commencement of school in Term 1 of 2016. As these conditions will not be satisfied by the school within the specified timeframe, an alternative outcome is required. This report outlines a number of methods the school can use to reduce the demand for onsite car parking and while it will not reach compliance, a smaller shortfall can be achieved. The school has asked Council to consider granting a reduction of 16 on site spaces (based on an empirical assessment) for an additional 12 month period until the commencement of term 1 2017. It is considered that it is reasonable to accept this shortfall for this period.


That this item be deferred to: 1. Allow officers to consider questions of residents raised with officers recently;

2. Give the opportunity for Ivanhoe Grammar School to provide further information to

Council, including:

Census of students;

Statement from the Principal in relation to staff numbers.

Moved: Cr Jenny Mulholland Seconded: Cr Tom Melican CARRIED

5. PARTICIPATION – COMMUNITY INVOLVEMENT IN COMMUNITY LIFE

Nil



Councillor Mark Di Pasquale returned to the Chamber at 9.31 pm.

6. PERFORMANCE - USE OUR RESOURCES WISELY

6.1 COUNCIL ELECTIONS 2016

EXECUTIVE SUMMARY

The next 4 yearly council elections for all seventy nine (79) Victorian councils will be held on 22 October 2016. The recent Local Government Act 1989 amendments have made the Victorian Electoral Commission (VEC) responsible for conducting electoral services for local government elections in Victoria. This means that councils are no longer required to tender for the provision of electoral services. The amendments have also introduced a number of other requirements which impact on the conduct of the elections, including the requirement for councils to adopt an Elections Period Policy. Councils are able to choose between conducting attendance voting or postal voting elections. Banyule has in the past conducted its elections by attendance voting including in the last election held in 2012. The preliminary estimates from the VEC for conducting an attendance election for Banyule have been received and indicate that the costs have increased by 35% from 2012. As a result the budget estimate ($500,000 based on 2012) will have to be significantly revised up in the 2016/17 Budget if Council wishes to continue with attendance voting. Council has until 22 February 2016 to confirm the method of voting for Banyule’s election and to advise the VEC of any change.

Councillor Di Pasquale returned to the Chamber at 09:31 pm. Resolution (CO2016/12)

That Council:

1. Note the report and the planning that is underway for the conduct of the 2016 Victorian Local Government General Elections; and

2. Confirm that attendance voting be the method of voting used for the 2016 Banyule

General Elections, noting that this is the method of voting used for State and Federal elections;

3. Write to the councils currently holding attendance voting and adjoining councils, advising of this decision.

Moved: Cr Rick Garotti Seconded: Cr Jenny Mulholland CARRIED



6.2 PRESCHOOL LEASES - COMMENCE STATUTORY PROCEDURES

EXECUTIVE SUMMARY

Council owns and leases the land and improvements at 23 preschools within the municipality. The leases, which did not provide for an option for a further term, have expired (expired leases). It is now proposed that Council enter into new leases with each of the entities that currently offer kindergarten services from the 23 preschools (proposed leases). The proposal triggers the need to give public notice under sections 190 and 223 of the Local Government Act 1989 (Act). For the purposes of giving public notice for this proposal it is noted that the “Diamond Valley Leader” and the “Heidelberg Leader” are the newspapers generally circulated within the municipality. This report seeks to initiate giving public notice of Council’s intention to enter into the proposed leases in the “Heidelberg Leader” on 16 February 2016 and the “Diamond Valley Leader” on 17 February 2016. The giving of public notice of Council’s intention to enter into a lease does not compel Council to do so. Council is merely complying with its statutory obligations under the Act. These obligations include giving public notice, considering written submissions and hearing submissions from persons who have requested to be heard on such a proposal. A decision on whether or not to grant the proposed leases will be made by Council at a future meeting.


That:

1. In accordance with sections 190 and 223 of the Local Government Act 1989 (Act), the

statutory procedures be commenced to give public notice of Council’s intention to grant a lease to each entity listed below, and invite submissions on the proposal in the “Heidelberg Leader” on 16 February 2016 and the “Diamond Valley Leader” on 17 February 2016.

Entity Preschool Address

Try Australia Children’s Services

Fairy Hills Kindergarten Grace Park Preschool Warrawee Park Preschool

7 Thyer Road, Ivanhoe 179 Nepean St, Greensborough 10 The Rameo, Bundoora

Early Childhood Management Services Inc.

Delta Road Preschool Interlaken Preschool Macleod Kindergarten St Helena Preschool Yallambie Park Preschool Greensborough Preschool Greenhills Preschool

15 Delta Road, Greensborough 19 Interlaken Pde, Rosanna 5 Birdwood Avenue, Macleod 22 Wallowa Road, Eltham North 311 Yallambie Road, Yallambie 17-19 Ester St, Greensborough 37 St Helena Rd, Greensborough

Apollo Parkways Preschool Inc

Apollo Parkways Preschool 31 Plenty River Drive, Greensborough

Briar Hill Preschool Association Inc.

Briar Hill Preschool 118 Karingal Drive, Greensborough

The Bundoora Preschool Association Inc.

Bundoora Preschool 20 Noorong Avenue, Bundoora

Panorama Heights Preschool Inc.

Panorama Heights Preschool 3 Mitchell Avenue, Montmorency

Sherbourne Preschool Association Inc.

Sherbourne Preschool. 156 Sherbourne Road, Montmorency



2. Written submissions on the proposal be received and persons who have made a

written request to be heard in person, or by a party representing them as specified in their written submission and in accordance with the Act, be heard, at the Ordinary Meeting of Council on 4 April 2016 beginning at 7.45 pm to be held in the Council Chambers, 275 Upper Heidelberg Road, Ivanhoe.

3. Council will decide on whether or not to grant the leases at a future meeting, after

considering any submissions received and hearing from those persons who have requested to be heard in support of their submission.

4. If no submissions are received, Council may, at its meeting on 4 April 2016, decide

whether or not to grant the leases.

Moved: Cr Rick Garotti Seconded: Cr Tom Melican CARRIED

Wahroongah Preschool Inc. Wahroongah Preschool 66 Wahroonga Crescent, Greensborough

Watsonia North Preschool Inc.

Watsonia North Preschool 68 Macorna Street, Watsonia North

Viewbank Preschool Association Inc.

Viewbank Preschool 84 Duff Parade, Viewbank

Watsonia Preschool Association Inc.

Watsonia Preschool 19 Crellin Crescent, Watsonia

Winston Hills Preschool Association Inc.

Winston Hills Preschool 24 Rohan Street, Viewbank

East Ivanhoe Preschool Centre Inc.

East Ivanhoe Preschool 1 King Street, Ivanhoe East

Lower Plenty Kindergarten Association Inc.

Lower Plenty Kindergarten 34 Glenauburn Road, Lower Plenty

Yandell Kindergarten Inc. Yandell Kindergarten 37 St Helena Road, Greensborough



6.3 WATSONIA POOL LEASE: 20 LIAT WAY, GREENSBOROUGH

EXECUTIVE SUMMARY

The Watsonia Pool is currently leased to Yarra Plenty Swimming Club Inc (YPSC) and is in over hold. The lease includes a nominal rent arrangement and Council receives no income for the operation of the facility. Council received a proposal from the YPSC in April 2015 requesting a five (5) x five (5) year commercial based lease. Negotiations with the Executive Committee of YPSC, Swimming Australia and Council officers resulted in the preparation of a Service Level Agreement (SLA) to complement the proposed lease agreement. The SLA will ensure the YPSC’s operation of the facility is transparent, accountable and requires YPSC to provide Council with regular financial, risk management and key performance indicator reports. Final lease negotiations have concluded with the parties reaching ‘in principle’ agreement’ for a five (5) year proposed lease for the management of Watsonia Pool. Given the nature of the proposed lease arrangement the Retail Leases Act 2003 (RLA) will apply. Pursuant to section 21 of the RLA, there is a five (5) year minimum term for a retail lease. Under the RLA Council will have maintenance and renewal responsibilities which are clearly defined in the proposed lease. The proposal to grant a new lease also triggered the need to give public notice of its intention to grant the lease and to invite submissions on the proposal under sections 190 and 223 of the Local Government Act 1989. At the ordinary meeting of Council held on the 9 November 2015, Council resolved that officers commence the statutory procedures to give public notice of Council’s intention to grant the Lease and invite written submissions from the public on the proposal in the “Diamond Valley Leader” on 17 November 2015. The submission period closed at 5:00 pm on 16 December 2015, with no submissions being received. This report seeks Council’s decision on the granting of a five (5) year lease of the Watsonia Pool to YPSC commencing on 15 February 2016.


That: 1. Having complied with Sections 190 and 223 of the Local Government Act 1989:

a. by giving public notice in the “Diamond Valley Leader” on 17 November 2015; b. by providing an opportunity to those who have requested to be heard at Council’s

Ordinary Meeting of 8 February 2016 to be heard at that meeting; and c. by recording that no submissions have been received; Council grants to Yarra Plenty Swimming Club Inc (YPSC) lease of the land and improvements known as Watsonia Pool located at 20 Liat Way Greensborough for the term of five (5) years commencing on 15 February 2016.

2. A Service Level Agreement, which obligates YPSC to provide Council with regular financial, risk management and key performance indicator reports, be entered into between Council and YPSC.



3. The necessary documentation to effect the lease and the Service Level Agreement, be

signed and sealed at the appropriate time.

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

Resolution (CO2016/15) That items 6.4, 6.5, 6.6, and 7.1 be considered together. Moved: Cr Jenny Mulholland Seconded: Cr Rick Garotti CARRIED 6.4 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: 14 December 2015

Type of Meeting: Councillor Briefing

Matters Considered: Items on the Council Agenda for the Ordinary Meeting of 14 December 2015 as listed below:

1.1 Additional Patrons in Footpath Trading Area for 'Grape and Hop' in Were Street, Montmorency

1.2 Barclay Park, Greensborough

2.1 Banyule BestBiz Awards

2.2 Women's Particpation - Gender Equality

3.1 Screening and Carparking at Council's Operations Centre in Waterdale Road, Bellfield

3.2 Sustainability Fund - Priority Statement

4.1 Approval of Environmentally Sustainable Development Policy



4.2 Revisions to the Outdoor Advertising Policy

4.3 Victorian Cycling Strategy - Submission

4.4 Proposed multi-storey mixed use development up to 16 storeys in height at 37-63 Bell Street and 45 Linden Avenue, Ivanhoe

4.5 Mixed use development at 9-11 Martin Street & 12 Powlett Street and 230 Burgundy Street HEIDELBERG

4.6 Multi dwelling development at 33 Airlie Road, Montmorency (P715/2015)

4.7 North East Link - Quarterly Report

5.1 Annual Somali Community Festival

6.1 Proposed discontinuance and sale of section of RW028 adjacent to the rear of 4/98 Lower Heidelberg Road, Ivanhoe

6.2 Scouts Association of Australia Victorian Branch - Lease

6.3 Sale of 14A Bannerman Avenue, Greensborough

6.4 Audit Committee Charter

6.5 Local Goverment Act 1989 Review - Submission

6.6 Assembly of Councillors

6.7 Award of Contract for Panel of Consultants for Traffic,Transport, Drainage and Civil Works Design Services - Contract 0853-2016

7.1 Sealing of Documents

8.1 Malahang Reserve Survey

8.2 Mayoral Duties and Attendance 1 July - 16 November 2015

8.3 Sound Barriers along Greensborough Highway

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

Staff Present: Simon McMillan – Chief Executive Officer Allison Beckwith – Director Community Programs Geoff Glynn – Director Assets & City Services Vivien Ferlaino – Governance Coordinator Emily Outlaw – Council Governance Liaison Officer Joseph Tabaco – Manager, Property & Economic Development Joel Elbourne- Manager, Urban Planning & Building Daniel Kollmorgen – Manager Transport, Sustainability & Municipal Laws

Others Present: Nil

Conflict of Interest: Nil




Type of Meeting: Multicultural Advisory Committee

Matters Considered: - Bus tour for new arrivals in Banyule

- Update – Women’s Only Friday Night Swimming

- Extension of Multicultural Advisory Committee

- Malahang Festival Activity Review

- Presentation – Council Advisory Committees

- Victoria Multicultural Commission Regional Advisory Councils

- Cultural Diversity Week 2016

- Other business

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

Staff Present: Allison Beckwith – Director Community Programs Theonie Tacticos, Team Leader Community & Social Planning India Mortlock, Community & Social Planner Shawn Neilsen, Community & Social Planner

Others Present: Nil



Type of Meeting: Councillor Briefing

Matters Considered: Items on the Council Agenda for the Special Meeting of 21 December 2015 as listed below:

4.1 Proposed multi-storey mixed use development up to 16 storeys in height at 37-63 Bell Street and 45 Linden Avenue, Ivanhoe

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

Staff Present: Scott Walker – Director City Development Joel Elbourne- Manager, Urban Planning & Building

Others Present: Nil





That the Assembly of Councillors report be received.

Moved: Cr Jenny Mulholland Seconded: Cr Rick Garotti CARRIED 6.5 ITEMS FOR NOTING


That Council: 1. Note the following minutes/reports:

Disability and Inclusion Advisory Committee meeting on 4 November 2015.

Aboriginal and Torres Strait Islander Advisory Committee meeting on 19 November 2015.

Lesbian, Gay, Bisexual, Transgender & Intersex (LGBTI) Advisory Committee meeting on 8 December 2015.

Aged Friendly City Advisory Committee meeting on 11 December 2015.

Multicultural Advisory Committee meeting on 14 December 2015.

2. Consider two amendments to the terms of reference of the Aboriginal and Torres Strait Islander Advisory Committee to:

Increase the number of meetings per year from four meetings to six meetings.

Rotate the chair of the meetings when held at Babarrbunin Beek. Councillor Langdon would continue to chair the meetings held at Council Chambers.

Moved: Cr Jenny Mulholland Seconded: Cr Rick Garotti CARRIED



6.6 7 DUDLEY STREET, IVANHOE - PROPOSED DISCONTINUANCE OF RW053 AND

SALE OF LAND - HEARING OF SUBMISSIONS

EXECUTIVE SUMMARY

Consistent with Council’s resolution of 9 November 2015, the statutory procedures were commenced to give public notice of Council’s intention to discontinue and sell the section of ‘road’ adjacent to the northern boundary of 7 Dudley Street, Ivanhoe, and currently enclosed within the fence line of that property (unused ‘road’). Public notice was given in the “Heidelberg Leader” on 17 November 2015, with submissions on the proposal invited in accordance with section 223 of the Local Government Act 1989. The submission period closed at 5:00pm on 15 December 2015 with no submissions being received. The proposal has been considered having regard to current and potential future uses of the unused ‘road’. The unused ‘road’ shows no evidence of being used by the public. Accordingly, there appears to be no impediment to Council forming the view that the unused ‘road’ is no longer reasonably required as a ‘road’ for public use. This report seeks Council’s decision to discontinue the unused ‘road’, and to then consider a further report in relation to sale of the resultant land to the owner of 7 Dudley Street, Ivanhoe.


That:

1. Having complied with sections 207A(a) and 223 of the Local Government Act 1989: a. by giving public notice in the “Heidelberg Leader” on 17 November 2015; b. by providing an opportunity to those who have requested to be heard at Council’s

Ordinary Meeting of 8 February 2015 to be heard at that meeting; and c. by recording that no submissions have been received;

Council forms the view that the section of ‘road’ immediately adjacent to the northern boundary of 7 Dudley Street, Ivanhoe (unused ‘road’) is no longer reasonably required as a ‘road’ for public use for the following reasons:

The unused ‘road’ does not portray the physical characteristics of a ‘road’;

The proposal will not impact on the movement of pedestrians or vehicles within the vicinity of the ‘road’;

The Service Authority assets will be protected;

The proposal does not involve the destruction or removal of native vegetation;

The discontinuance of the ‘road’ will not affect physical access.

2. The unused ‘road’ be discontinued and the resultant land sold to the property owner of 7 Dudley Street, Ivanhoe.

3. The discontinuance of the unused ‘road’ and sale of the resultant land will not affect any

right, power or interest held by Yarra Valley Water Ltd in the ‘road’ in connection with drains or pipes under the control of Yarra Valley Water Ltd in or near the unused ‘road’.

4. Council’s resolution be published in the Victoria Government Gazette. 5. Council consider a further report in relation to the sale of the resultant land to the owner

of 7 Dudley Street, Ivanhoe. Moved: Cr Jenny Mulholland Seconded: Cr Rick Garotti 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. Deed of Renewal and Variation of Lease between Banyule City Council and HCoA

Operations (Australia) Pty Ltd for the Council-owned building at 208 Burgundy Street, Heidelberg for the term of two (2) years commencing 10 February 2016.

2. Transfer of Land to register in Council’s name the title to the splay corner, being R1 on

PS746019S, to rectify the encroachment of Council infrastructure on the title to 292 Lower Heidelberg Road, Ivanhoe East.

Moved: Cr Jenny Mulholland Seconded: Cr Rick Garotti CARRIED 6.7 7 FLINTOFF STREET, GREENSBOROUGH - PROPOSED LEASE OF CAR

PARKING SPACES

Brian Grace spoke on the item. EXECUTIVE SUMMARY

Council owns the multi deck car park in Greensborough located at 7 Flintoff Street, Greensborough (multi deck car park). The proposal, which is to enter into a 30 year lease with options for two further terms of ten (10) years each over part of the multi deck car park, triggered the need to give public notice under section 190 of the Local Government Act 1989 (Act). Public notice was given in the “Diamond Valley Leader” on 17 November 2015, with the public invited to make submissions on the proposal in accordance with section 223 of the Act. The submission period closed at 5:00pm on 16 December 2015 with no submissions being received. This report seeks Council’s decision on the granting of a 30 year lease with options for two further terms of ten years for the exclusive use of 30 car parking spaces in the basement level and a licence of 36 unallocated car parking spaces within other levels of the multi deck car park to Australian Unity Investment Management Administration Pty Ltd for $66,000 per annum with 3% increments.


That:

1. Having complied with sections 190 and 223 of the Local Government Act 1989:

a. by giving public notice in the Diamond Valley Leader on 17 November 2015; b. by providing an opportunity to those who have requested to be heard at Council’s

Ordinary Meeting of 8 February 2016 to be heard at that meeting; and c. by recording that no submissions have been received;



Council grants to Australian Unity Investment Management Administration Pty Ltd a lease of 30 exclusive use car parking spaces in the basement level and a licence of 36 unallocated car parking spaces within other levels of the Council-owned multi deck car park located at 7 Flintoff Street, Greensborough, for the term of 30 years with options for two further terms of ten years for $66,000 per annum with 3% increments.

2. the necessary documentation to effect the lease be signed and sealed at the appropriate time.

3. Council authorises appropriate written communication in consultation with the Ward

Councillor clarifying the future multi deck car parking arrangements.

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

8. NOTICES OF MOTION

8.1 NEW PEDESTRIAN CROSSING - HEIDELBERG ROAD, IVANHOE, NEAR THE

BOULEVARD

Cr Jenny Mulholland submitted a Notice of Motion.


That Council write to VicRoads and the State Government requesting the installation of a new pedestrian crossing on Heidelberg Road, Ivanhoe, near The Boulevard.

Moved: Cr Jenny Mulholland Seconded: Cr Rick Garotti CARRIED 8.2 STATUS OF CLOSURE OF MYRTLE STREET, LINDEN AVENUE AND FORSTER

STREET, IVANHOE

Cr Craig Langdon submitted a Notice of Motion.


That Council: 1. Notes that the proposed development at 37-63 Bell Street and 45 Linden Avenue,

Ivanhoe, may have an impact on traffic in the area. 2. Receives a report on whether the closure of Myrtle Street, Linden Avenue and Forster

Street, Ivanhoe, were formally gazetted as permanent road closures and what would need to happen to make them permanent closures.

Moved: Cr Jenny Mulholland Seconded: Cr Craig Langdon CARRIED



8.3 PROPOSED CLOSURE OF COMMONWEALTH BANK - HEIDELBERG WEST



That:

1. Council advocate on behalf of the Heidelberg West community for a continued bank presence at The Bell Street Mall.

2. A letter be written to the Commonwealth Bank of Australia Chief Executive Officer seeking reconsideration of its decision and its reasons to close the Heidelberg West branch.

3. In the event the branch closes, Council work with The Bell Street Mall Traders

Association to attract another financial institution to establish a presence within the shopping centre.

4. Council write to Australia Post seeking to establish if additional resourcing will be provided at the Heidelberg West branch to offset over the counter banking services generated by the pending closure of the CBA branch.

5. Council write to the Federal Government and the local Federal Member seeking their

support.

6. That Council seek a meeting with the CEO of the Commonweath Bank and CEO of Australia Post or their representatives.

Moved: Cr Jenny Mulholland Seconded: Cr Craig Langdon CARRIED



8.4 RECONCILIATION WEEK 2016



That: 1. (a) Council give greater recognition to our indigenous people during the 2016

Reconciliation Week (May 26th to June 3rd) by honouring three significant events in the history of Aboriginal rights. The events being:

National Sorry Day (May 26th), this marks the day that the "Bringing them Home" Report was tabled in 1997 by the Human Rights and Equal Opportunity Commission which conducted a National Inquiry into the separation of Aboriginal and Torres Strait Island children from their families;

May 27th which commemorates the day in 1967 that the National Referendum, recognising Aboriginal and Torres Strait Islander people in the census, was passed by over 90% of the vote; and

Mabo Day (June 3rd), this marks the day the High Court of Australia handed down its decision which recognised the existence in Australia of Native Title Rights in 1992.

(b) The recognition be in the way of plaques:

One to be laid at the Ivanhoe Service Centre on a significant rock in the lawn between the two main entrances on 26 May 2016; with the flag raising ceremony for Sorry Day to be held at Ivanhoe on the same day which will include a smoking ceremony and morning tea at Hatch followed by a film screening

One at the Greensborough Walk on 27 May 2016; and

One on a significant rock at the Spiritual Walk between Babarrbunin Beek and the Darebin Creek on 3 June 2016.

2. The Plaques recognise all three significant events and the current Councillors. 3. The Wurundjeri Elders and Land Council as well as Aboriginal and Torres Strait

Advisory Committee, Recognition Banyule all be advised of this resolution. Their assistance be sought to commemorate these significant events.

4. The public be advised and invited to attend each event by placement of an article in the

Banyule Banner and the Mayoral Column in the Leader Newspaper.

Moved: Cr Wayne Phillips Seconded: Cr Craig Langdon CARRIED



9. General Business

9.1 IVANHOE GIRLS' GRAMMAR SCHOOL AND COOERWULL SERVICE AWARDS

Cr Craig Langdon noted that last Thursday, 4 February, he and Cr Jenny Mulholland attended the Ivanhoe Girls’ Grammar School Annual Cooerwull Service Awards to acknowledge and celebrate the dedication of long serving staff and members of the school community. Principal Heather Schnagl AM, Chairman Rob Jones and Cooerwull Vice President Judy Clark thanked all those in attendance for support of the school. Cr Langdon particularly wanted to pay tribute to Dorothy Nowell, a past parent of Ivanhoe Girls’ Grammar School and neighbour to the School on Marshall Street for many years, who has bequeathed $50K to Ivanhoe Girls’. Before Dorothy's late husband Geoffrey passed away, they decided to include this bequest in their wills and requested that it should be used to support families who may not otherwise be able to enrol their daughters due to financial hardship. Dorothy had recently made the decision to bequest the money whilst she could celebrate with the School community. Dorothy and her late husband were thanked for this generous donation by the Principal, Chairman and Cooerwull Vice President. The money will be used to create a new Scholarship fund, named The Nowell Family Scholarship. In addition, the school also paid tribute to Lyndy Stagg, long serving staff member at the School and Board member for the East Ivanhoe Bendigo Bank, for 30 years outstanding Service to the Ivanhoe Girls’ Community. Lyndy is the Director of the Cooerwull Centre for Leadership and Service, and spends countless hours every year, not just in service to Ivanhoe Girls’ but to the wider community in Banyule through a variety of roles and organisations. Also honoured was local resident, past student and past staff member Sue Less, for 40 years of service. Sue was School Captain at Ivanhoe Girls’ in 1975, returned as teacher, and was later a school parent when her daughter attended the school. Sue has served on the Old Grammarians’ Association committee since she finished school in 1975, as well as many years with the Snow Sports Team committee.

9.2 IVANHOE GRAMMARIANS LODGE

Cr Craig Langdon noted that Council recognises and acknowledges the great work of the Ivanhoe Grammarians Lodge (no 584) in celebrating their 70th year by donating 22 new bikes and helmets to the Bundoora Secondary College, just prior to Christmas. This was in addition to their on-going donation of gifts, the Banyule Children Gift Appeal, which they support annually. The funds for the bikes were raised by the Lodge and the Freemasons Foundation.

9.3 PRIDE MARCH

Cr Jenny Mulholland noted that Banyule City Council participated in the Pride March on 31 January 2016. The Mayor, Councillor Jenny Mulholland, Council staff, representatives of Council’s Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) committee, residents, Viewbank College Principal and students joined in supporting diversity.



10. Urgent Business

Nil 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 item 11.1. Moved: Cr Mark Di Pasquale Seconded: Cr Jenny Mulholland CARRIED The Meeting was adjourned at 10.21pm. The Meeting was closed to the public at 10.26pm.

DATED:........................... DAY OF ........................... 2016

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

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