Banyule Council Meeting 3 March 2014 Minutes

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

Ordinary Meeting of Council

Council Chambers, Service Centre

275 Upper Heidelberg Road, Ivanhoe

3 March 2014 commencing at 7.45

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

1.1 1-3 McKenzie Court Greensborough - Proposed Sale of Land Petition ................... 4 1.2 Main Road and Para Road Intersection, Lower Plenty - Pedestrian Crossing

Concerns ................................................................................................................ 4 1.3 Petition to retain and reopen Bellfield, Haig Street and Banksia College

School sites ............................................................................................................ 6

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

Nil

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

Nil

4. PLACE – SUSTAINABLE AMENITY AND BUILT ENVIRONMENT ................................ 7

4.1 Additional Storey to Approved Development at 10 Martin Street, Heidelberg .......... 7 4.2 Constructed Carpark within Banksia Street reserve ................................................ 8 4.3 Ivanhoe Structure Plan Planning Scheme Amendments C93, C94 ......................... 9 4.4 Ivanhoe Civic Precinct Master Plan ......................................................................... 9 4.5 Ivanhoe Grammar School Resident Interest Group - replacement resident for

west precinct ......................................................................................................... 10 4.6 Living Libraries Infrastructure Programs 2014 ....................................................... 10

5. PARTICIPATION – COMMUNITY INVOLVEMENT IN COMMUNITY LIFE ................... 11

5.1 Multicultural and GLBTI Advisory Committees ...................................................... 11

6. PERFORMANCE - USE OUR RESOURCES WISELY .................................................. 11

MINUTES ORDINARY MEETING OF COUNCIL 3 MARCH 2014

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

6.1 Assembly of Councillors ........................................................................................ 11

7. SEALING OF DOCUMENTS ......................................................................................... 15

7.1 Sealing of Documents ........................................................................................... 15

8. NOTICES OF MOTION .................................................................................................. 15

8.1 Banyule Council's Commitment to Strong and Transparent Financial Management ......................................................................................................... 15

8.2 Main Road and Para Road Intersection, Lower Plenty - Pedestrian Crossing Concerns .............................................................................................................. 15

8.3 ANZAC Day in Banyule ......................................................................................... 16

9. GENERAL BUSINESS .................................................................................................. 16

9.1 Lions House .......................................................................................................... 16 9.2 Clean Up Australia Day ......................................................................................... 16 9.3 Cultural day........................................................................................................... 16

10. URGENT BUSINESS ..................................................................................................... 16

CLOSURE OF MEETING ..................................................................................................... 17


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

EXTENSION OF PUBLIC FORUM

(CO2014/35) Resolution That the Public Forum be extended. Moved: Cr Jenny Mulholland Seconded: Cr Rick Garotti CARRIED The Meeting opened at 7.55pm.

The Mayor’s Acknowledgement of the Wurundjeri People

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

Present

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

Apologies

Nil

Leave of Absence

Nil

Confirmation of Minutes

That the following Minutes be confirmed: Ordinary Meeting of Council held 17 February 2014

Moved: Cr Jenny Mulholland Seconded: Cr Tom Melican CARRIED

Disclosure of Interests

Cr Jenny Mulholland declared a Conflicting Personal Interest with Public Duty under S79B of the Local Laws Act 1989 in item 4.1 - Additional Storey to Approved Development at 10 Martin Street, Heidelberg, due to the owner of the property being a sponsor of the Wellness Ball which is organised by the committee of which Cr Jenny Mulholland is president.

Presentation

Nil



1. PETITIONS

1.1 1-3 MCKENZIE COURT GREENSBOROUGH - PROPOSED SALE OF LAND PETITION

Mr Roger Fyfe spoke on the item. A petition with 166 signatures has been received opposing the proposed sale of 1-3 McKenzie Court, Greensborough. The petition prayer is as follows: “We, the below signed residents of Banyule are strongly opposed to the sale of the park at 1-3 McKenzie Court, Greensborough. We urge you to abandon the sale of this valuable public open space.”

Resolution (CO2014/36)

That Council:

1. Receives and notes the petition.

2. Consider this petition as a submission in response to the Notice of Intention to sell 1-3 McKenzie Court, Greensborough.

3. Advise the person who submitted the petition accordingly.

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

1.2 MAIN ROAD AND PARA ROAD INTERSECTION, LOWER PLENTY - PEDESTRIAN CROSSING CONCERNS

A petition with 304 signatures has been received in relation to pedestrian crossing concerns at Main Road and Para Road intersection, Lower Plenty. The petition prayer is as follows: “Dangerous Crossing Cnr Para Rd/Main Rd Lower Plenty Incident 1 Around June 2013 [name removed for privacy reasons], was struck down whilst crossing (with green man signal) holding her child (under 2 years old). Luckily she sustained only minor injuries and her child was unhurt as she protected him in the fall. This was reported to VicRoads. VicRoads assured her that they would look at the area and make an assessment. They were going to cut the grasses as they obscure the view of waiting pedestrians from the drivers sight. However, this did not happen. Incident 2 Monday 3rd of Feb 2014 [name removed for privacy reasons], was crossing with her son aged 5 going to Lower Plenty School in the morning when a car came screeching to a halt and just touched her leg. She had to push/throw her son back on to the pavement to keep



him from harm.” Concerns relate to vehicles entering Para Road from Main Road via the ‘left turn slip lane’ on a ‘red signal’, whilst pedestrians are crossing at the ‘pedestrian operated signals’. No cover letter was provided with the petition.


“That

1. Council receives and notes the petition.

2. Council write to VicRoads, as the appropriate road authority at this location, requesting

they undertake a comprehensive investigation of the pedestrian crossing concerns raised at Main Road and Para Road intersection.

3. The primary petitioner be advised accordingly.”

Moved: Cr Steven Briffa Seconded: Cr Mark Di Pasquale CARRIED

Councillor Mulholland left the Chamber at 08:23 pm. Councillor Mulholland returned to the Chamber at 08:25 pm.



1.3 PETITION TO RETAIN AND REOPEN BELLFIELD, HAIG STREET AND BANKSIA

COLLEGE SCHOOL SITES

Mr Terence Howard, Ms Sonja Terpstra & Ms Virginia Jay spoke on the item. A petition with 75 signatures titled Reopen our Schools! Retain and reopen Bellfield, Haig Street and Banksia College School Sites! has been received from residents within Banyule and the greater Melbourne metropolitan area. The petition prayer is as follows:

“To the Mayor and Councillors of the Banyule City Council We the undersigned, residents and ratepayers of Banyule City wish to bring to the attention of Council the urgent need to reconsider and stop the subdivision and redevelopment of the three closed school sites. These assets need to be retained and returned to the community for education uses and purposes. Children in the area need access to good quality public education within walking distance from their homes. What happens if your family doesn’t have a car or the means to travel? Should the three existing schools get developed for medium density housing; more families will need access to local schools. Schools are full to overflowing now; there are simply not enough schools. I/we therefore request Banyule City Council to immediately halt the development and/or subdivision of the closed school sites and return the three school sites back to the community for public education uses.”

Procedural Motion

That Cr Craig Langdon be granted an extension of time to complete his address to the Council.

Moved: Cr Jenny Mulholland Seconded: Cr Steven Briffa CARRIED Resolution (CO2014/38)

That 1. Council receives and notes the petition. 2. Council write to Minster for Education and the Shadow Minister for Education, Minister

for Planning and and Shadow Minister for Planning and otherall local members providing a copy of the petition on local educational needs and the loss of the three former school sites.

3. Council request the state government and state opposition confirm its position of delivering on future educational needs in the 3081 local area and any expansion of existing local schools.

4. Council request the Education Department to provide predicated future school enrolment figures for the Banyule area and an indication on the available capacity to meet that demand. Council offers to meet with Education Department officers to discuss education opportunities within Banyule.

5. Council now seek formal advice on government interest in purchasing back part of the former Banksia Secondary College site and or the Bellfield site given its adjacent location to the proposed stadium precinct and community facilities.

6. The primary petitioner be advised and updated of the outcome.

Moved: Cr Tom Melican Seconded: Cr Rick Garotti CARRIED



2. PEOPLE – COMMUNITY STRENGTHENING AND SUPPORT

Nil

3. PLANET – ENVIRONMENTAL SUSTAINABILITY

Nil

4. PLACE – SUSTAINABLE AMENITY AND BUILT ENVIRONMENT

Councillor Briffa left the Chamber at 9:05 pm. Councillor Briffa returned to the Chamber at 9:06 pm. Cr Jenny Mulholland declared a Conflicting Personal Interest with Public Duty under S79B of the Local Laws Act 1989 and sought approval of right to leave and not vote. The nature of Cr Mulhollands conflicting personal interest being that the owner of the property is a sponsor of the Wellness Ball which is organised by the committee of which Cr Jenny Mulholland is president. Moved: Cr Rick Garotti Seconded: Cr Tom Melican CARRIED The interest was declared a Conflict of Interest and Councillor Mulholland left the Chamber at 9:06 pm prior to the item being discussed. 4.1 ADDITIONAL STOREY TO APPROVED DEVELOPMENT AT 10 MARTIN STREET,

HEIDELBERG

Mr Lorenzo Rigoni, Ms Barbara Smith, Mr Grant Davies & Ms Julie Macpherson spoke on the item.

SUMMARY

The proposal seeks to increase the height of an approved eight to nine storey medical services building by one level to provide a building with a maximum height of nine to ten storeys. The entire additional floor level of the building will project above the 25 metre height control set out in the Heidelberg Structure Plan for this part of the Heidelberg Specialised and Major Activity Centre.


That the item be deferred to the next meeting. Moved: Cr Wayne Phillips Seconded: Cr Steven Briffa CARRIED



Councillor Mulholland returned to the Chamber at 9:34 pm. 4.2 CONSTRUCTED CARPARK WITHIN BANKSIA STREET RESERVE

Mr David Grant spoke on the item.

SUMMARY

To consider whether it is appropriate to retain a carparking space that has been constructed within the Banksia Street Reserve without Council approval.


That: 1. Action is taken against the developer who unlawfully constructed the car parking space

with the issuing of infringements under the Local Law where applicable; and 2. The car parking space be retained with appropriate parking restrictions of ‘3-hour

parking operating between 8.00am-6.00pm Monday-Sunday’ to apply. 3. The retention of the car space is for an initial trial period of 12 months during which time

its use is monitored and if appropriate the car space may then be retained. 4. The appropriate officer investigate any safety issues with residents using the existing

park and access in the ROW and if deemed there is an urgent safety issue appropriate action be taken.

Moved: Cr Wayne Phillips Seconded: Cr Rick Garotti LOST

Cr Steven Briffa foreshadowed an alternate motion.

1. Action is taken against the developer who unlawfully constructed the car parking space with the issuing of infringements under the Local Law where applicable; and

2. The car parking space be removed and land reinstated to its previous use and costs

borne by the developer. The alternate motion became the substantive motion and was put.

Moved: Cr Steven Briffa Seconded: Cr Jenny Mulholland CARRIED

Councillor Garotti left the Chamber at 10:00 pm. Councillor Garotti returned to the Chamber at 10:04 pm.



4.3 IVANHOE STRUCTURE PLAN PLANNING SCHEME AMENDMENTS C93, C94

Mr Kevin Biaggini, Mr Lorenzo Rigoni, Mr Roger Fyfe & Ms Robyn Roberts

SUMMARY

To provide an overview of public exhibition done for the Ivanhoe Structure Plan Amendments C93 and C94 and advise on next steps for these proposals.


That Council: 1. Determines that public exhibition of Amendment C93 and C94 is now complete, and no

further submissions will be considered for these proposals. 2. Splits Planning Scheme Amendment C94 into two parts: Part A, those precincts and

places where there are no outstanding submissions can be finalised and the Minister’s approval requested and Part B, the unresolved submissions can be referred to a Planning Panel.

3. Progress the approval of Amendment C94 Part A without a further report to Council. 4. Continue discussions with submitters to determine final, unresolved submissions and

explore beneficial refinements to the exhibited proposals with discussions to be completed by 30 April 2014 and any unresolved submissions be referred to a Planning Panel.

Moved: Cr Jenny Mulholland Seconded: Cr Steven Briffa CARRIED

4.4 IVANHOE CIVIC PRECINCT MASTER PLAN

Mr Roger Fyfe & Ms Robyn Roberts spoke on the item.

SUMMARY

The process for development of the Ivanhoe Civic Precinct Master Plan and Urban Design Framework is ready to enter the consultation stage. It is proposed that over the next four months, the Master Plan development will be open for input, culminating in a further report to Council by June 2014.


That: 1. Consultation on the draft Ivanhoe Civic Precinct Master Plan and Urban Design

Framework is initiated. 2. A final Ivanhoe Civic Precinct Master Plan and Urban Design Framework is presented to

Council for adoption in June 2014.

Moved: Cr Jenny Mulholland Seconded: Cr Rick Garotti CARRIED



4.5 IVANHOE GRAMMAR SCHOOL RESIDENT INTEREST GROUP - REPLACEMENT

RESIDENT FOR WEST PRECINCT

Ms Robin Roberts spoke on the item.

SUMMARY

This report relates to the selection of a replacement resident due to a second resignation from the Ivanhoe Grammar School Resident Interest Group who represented residents from the west precinct. Councillor Di Pasquale left the Chamber at 10:29 pm. Resolution (CO2014/43)

That Council appoint Geoff Purcell to be the replacement resident representative on the Ivanhoe Grammar Development Plan Working Group.


4.6 LIVING LIBRARIES INFRASTRUCTURE PROGRAMS 2014

SUMMARY

To consider a submission to the Department of Transport, Planning and Local Infrastructure for the Living Libraries Infrastructure Program 2014 for refurbishment works at the Watsonia Library and to provide matching funds in the 2014/15 Capital Works Program. Councillor Di Pasquale returned to the Chamber at 10:30 pm. Resolution (CO2014/44)

That Council: 1. Proceed with an application for the Living Libraries Infrastructure Program 2014 for the

refurbishment works at the Watsonia Library for $125,000. 2. Consider the matching funds requirement of $125,000 in the 2014/15 budget subject to

the successful notification of funding from the Department of Transport, Planning and Local Infrastructure.

Moved: Cr Jenny Mulholland Seconded: Cr Steven Briffa CARRIED



5. PARTICIPATION – COMMUNITY INVOLVEMENT IN COMMUNITY LIFE

5.1 MULTICULTURAL AND GLBTI ADVISORY COMMITTEES

SUMMARY

To inform the community of Council’s appointments to the Council’s Multicultural and GLBTI Advisory Committees.


That Council note the establishment of the Multicultural and GLBTI Advisory Committees and the commencement of advisory committee meetings in March 2014.

Moved: Cr Jenny Mulholland Seconded: Cr Rick Garotti CARRIED

6. PERFORMANCE - USE OUR RESOURCES WISELY

6.1 ASSEMBLY OF COUNCILLORS

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 November 2014

Type of Meeting: Banyule Environment Advisory Committee (BEAC)

Matters Considered: New Councillor Representative Environmental Sustainability Grant Allocation Invitation Middle Yarra River Project State of Environment Report

Councillors Present: Steven Briffa Craig Langdon

Staff Present: John Milkins, Environmental Sustainability Coordinator

Others Present: Troy Powell Alan Leenaerts Jonathan Thom Matt Hall David Slaney



John D’Aloia Conflict of Interest: Nil

2 Date of Assembly: 6 February 2014

Type of Meeting: Councillor Briefing

Matters Considered: Confidential Matters – Property and Proposed Developments

Councillors Present: Craig Langdon Tom Melican Jenny Mulholland Wayne Phillips

Staff Present: Peter Utri, Manager – Organisational Performance Michael Hutchison, Projects Co-Ordinator – City Development Shaun Barber, Manager – School Sites Redevelopment

Others Present: Nil

Conflict of Interest: Nil




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

Staff Present: Simon McMillan, Chief Executive Officer Allison Beckwith, Director – Community Programs Scott Walker, Director – City Development Geoff Glynn, Director – Assets & City Services Keith Yeo, Director – Corporate Services Peter Utri, Manager – Organisational Performance Darren Bennett, Manager – Leisure & Culture Services

Others Present: Nil




Matters Considered: Indigenous Participation Project Community & Information Services & Support Local Law Review Gaming Plan Multi Cultural & GLBTI Advisory Groups

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



Wayne Phillips Staff Present: Simon McMillan, Chief Executive Officer

Allison Beckwith, Director – Community Programs Scott Walker, Director – City Development Geoff Glynn, Director – Assets & City Services Keith Yeo, Director – Corporate Services Gina Burden, Manager – Governance, Information and Laws Darren Bennett, Manager – Leisure & Culture Services Jan Richardson, Coordinator - Cemeteries Shawn Neilson, Inclusion Access & Equity Social Planner – Community & Social Planning Ella Hinkley, Team Leader – Cultural Services Ben McManus, Acting Coordinator – Leisure & Culture Services Theonie Tacticos, Team Leader – Community & Social Planning Michelle Rowe, Community & Social Planner – Community & Social Planning Frances Gianinotti, Coordinator – Youth & Community Partnerships.

Others Present: Nil





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 Peter Utri, Manager – Organisational Performance

Others Present: Nil




Matters Considered: Items on the Council Agenda for the Ordinary Meeting of 3 February 2014 (excluding confidential items) 3.1 Municipal Wide Flood Mitigation Strategy

4.1 Potential parking demand changes in Heidelberg West, Bellfield and Heidelberg Heights

4.2 Ivanhoe Grammar School Resident Interest Group - Replacement Member

4.3 Subdivision at 2 Orr Lane and 1 & 1A Cressy Street and Reserve Status of Harrington Reserve Montmorency.

5.1 Ward Fund Allocations



6.1 Assembly of Councillors

8.1 Support for Banyule's Multicultural Communities

8.2 Transport - Project 10,000

8.3 State Election 2014 Candidate Debate - Public Meeting with Melbourne Transport Forum

8.4 Main Road and Para Road Intersection, Lower Plenty - Pedestrian Crossing Concerns

General Business: Tribute to Margaret Heathorn

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

Staff Present: Simon McMillan, Chief Executive Officer Allison Beckwith, Director – Community Programs Scott Walker, Director – City Development Geoff Glynn, Director – Assets & City Services Gina Burden, Manager – Governance, Information and Laws Joel Elbourne, Manager – Development Services Emily Outlaw – Senior Governance Officer Peter Utri, Acting Director – Corporate Services Tim Partridge, Team Leader – Developments & Drainage

Others Present: Nil

Conflict of Interest: Cr Rick Garotti declared an indirect conflict of interest in item 8.2, Notice of Motion – Transport – Project 10,000 and left the room at 7.02pm prior to the item being discussed.


That the Assembly of Councillors report be received.

Moved: Cr Jenny Mulholland Seconded: Cr Mark Di Pasquale 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. Licence between Banyule City Council and Returned & Services League of Australia (Victorian Branch) Inc. (as Trustee for the Montmorency RSL Sub-Branch Building Patriotic Fund) for a period commencing 24 April, 2012 and ending 31 December, 2015 with a fee of $1.00 per annum plus GST.


8. NOTICES OF MOTION

8.1 BANYULE COUNCIL'S COMMITMENT TO STRONG AND TRANSPARENT FINANCIAL MANAGEMENT

Cr Rick Garotti submitted a Notice of Motion.


“That Council officers prepare a quarterly report that provides an update on the actual financial performance of Council against that budgeted. This report should explain any material variances in financial performance and be included in the Ordinary Council Meeting Agenda Papers so that it is available for public consideration."

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

8.2 MAIN ROAD AND PARA ROAD INTERSECTION, LOWER PLENTY - PEDESTRIAN CROSSING CONCERNS

Cr Steven Briffa submitted a Notice of Motion. Resolution (CO2014/49)

“That:

1. Council write to VicRoads requesting they undertake a comprehensive investigation of the pedestrian crossing concerns raised at Main Road and Para Road intersection, including undertaking of a ‘road safety audit’, relocating ‘stop here on red sign’ so it is visible to motorists and consideration of flashing pedestrian lights.

2. The Minister for Roads and Public Transport, The Hon Terry Mulder MP, and all local State Members of Parliament be advised of this resolution.”

Moved: Cr Steven Briffa Seconded: Cr Mark Di Pasquale CARRIED



8.3 ANZAC DAY IN BANYULE

Cr Jenny Mulholland submitted a Notice of Motion.


“That: 1. Council promote the 2014 ANZAC Day events in a coordinated way by advertising in

the local papers the locations and times for ceremonies and marches throughout the City.

2. Council co-ordinate up to two buses for the Heidelberg ANZAC Day event to support those unable to March from the Heidelberg Cenotaph to Warringal Park.

3. Officers liaise with local police to ensure the appropriate road closures are in place for the Heidelberg Anzac Day event.”


9. General Business

9.1 LIONS HOUSE

Cr Craig Langdon noted the great work of the Lions House Foundation in raising $1.3m to establish a Lions House on the Repatriation Hospital site for families of patients in the Mercy Hospital, Austin Hospital, Warringal Hospital and the Olivia Newton-John Cancer and Wellness Centre in need of affordable accommodation. And further acknowledged the Austin Health for providing the facilities which needed to be converted to accommodation, Heidelberg Warringal Lions for establishing the concept, Foundation Chairman Tony Benbow, Accommodation Chairwomen Pauline Harris, the late Margaret Heathorn OAM and all the lions clubs and individuals who supported and donated to Lions House. 9.2 CLEAN UP AUSTRALIA DAY

Cr Jenny Mulholland acknowledged and congratulated the volunteers that participated in Clean Up Australia Day on Sunday at the Darebin Parklands and around the City.

9.3 CULTURAL DAY

Cr Rick Garotti acknowledged the successful Cultural Day between the Heidelberg Stars and Heidelberg North football clubs which was a great example of multiculturalism on display.

10. Urgent Business

Nil



Closure of Meeting

The Meeting was closed at 10.41pm.

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

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