Minutes of the Ordinary Meeting of Council · 2019. 8. 28. · MINUTES ORDINARY MEETING OF COUNCIL 26 AUGUST 2019 These minutes are circulated subject to confirmation by Council at

These Minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 16 September 2019 1

Minutes of the Ordinary Meeting of Council

Held on the 26 August 2019

Olympia, Hawdon & Ibbott Rooms

Level 4, 1 Flintoff Street, Greensborough

MINUTES ORDINARY MEETING OF COUNCIL 26 AUGUST 2019

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 16 September 2019 2

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

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

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

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

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

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

1. URGENT BUSINESS ....................................................................................................... 4

2. PETITIONS ...................................................................................................................... 4

2.1 Petition opposing Proposed Sale of Land - 14 Ivanhoe Parade, Ivanhoe - The Hatch ...................................................................................................................... 4

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

Nil

4. PLANET – ENVIRONMENTAL SUSTAINABILITY ......................................................... 5

4.1 Power Purchase Agreement (PPA) - Increasing Council's Renewable Energy Commitment ........................................................................................................... 5

5. PLACE – SUSTAINABLE AMENITY AND BUILT ENVIRONMENT ................................ 6

5.1 North East Link Update ........................................................................................... 6 5.2 Planning and Building Activities Report (January - June 2019) ............................... 7 5.3 8 St Helena Road, Greensborough - Demolition of Bluestone Shelter and Other

Structures in Pioneer Reserve (P543/2019) ............................................................ 8 5.4 Planning Scheme Amendment GC119 - State Government Upgrade to Fitzsimons

Lane ..................................................................................................................... 10

6. PARTICIPATION – COMMUNITY INVOLVEMENT IN COMMUNITY LIFE ................... 10

Nil

7. PERFORMANCE - USE OUR RESOURCES WISELY .................................................. 10

7.1 Council Meeting Dates for 2020 ............................................................................ 10 7.2 Quarterly Financial Management Report - Preliminary June 2019 Results ............ 12 7.3 Audit & Risk Advisory Committee Minutes - 14 June 2019 .................................... 13 7.4 Awarding of Contract No. Manningham EF18-27082 Provision of Tree Pruning and

Associated Services .............................................................................................. 14 7.5 Awarding of Contract Number: '0983-2019 - Provision of Festival and Events

Services' ............................................................................................................... 15 7.6 Awarding of Contract No. 0979-2019 for Air Conditioning & Mechanical Services –

Maintenance & New Installations .......................................................................... 17 7.7 Assembly of Councillors ........................................................................................ 18

8. SEALING OF DOCUMENTS ......................................................................................... 24

Nil

9. NOTICES OF MOTION .................................................................................................. 24

Nil

10. GENERAL BUSINESS .................................................................................................. 24

PUBLIC QUESTION TIME ................................................................................................... 25

CLOSURE OF MEETING TO THE PUBLIC ......................................................................... 31

CLOSURE OF MEETING ..................................................................................................... 32



MINUTES

The Meeting opened at 7.01pm. Acknowledgement of the Traditional Custodians The Mayor read an acknowledgement of the traditional custodians, the Wurundjeri Woi-wurrung people.

Present

Acting Mayor Cr Alison Champion, Cr Peter Castaldo, Cr Mark Di Pasquale, Cr Rick Garotti

Apologies

Cr Craig Langdon, Cr Tom Melican

Leave of Absence

Cr Wayne Phillips

Confirmation of Minutes

That the following Minutes be confirmed: Ordinary Meeting of Council held 5 August 2019

Noting a correction to the information contained in the attachment for item 7.3, Cr Peter Castaldo’s cost of accommodation for an additional night equal to Cr Langdon’s (4 nights).

Moved: Cr Mark Di Pasquale Seconded: Cr Peter Castaldo CARRIED

Disclosure of Interests

Nil

Presentation

2019 Victorian Disability Awards Excellence in Employment outcome award – Presented Banyule City Council – Social Enterprise Local Jobs Team – Inclusive Employment Pathways to Local Government Procurement Australia’s Social Procurement Award Social Procurement Award – Presented to Banyule City Council - Regional Collaboration Security Project Group



1. URGENT BUSINESS

Nil

2. PETITIONS

2.1 PETITION OPPOSING PROPOSED SALE OF LAND - 14 IVANHOE PARADE, IVANHOE - THE HATCH

Robyn Roberts spoke on the item

EXECUTIVE SUMMARY A petition with 11 signatures has been received. The petition request is as follows: “Seek that Council not start the process to sell The Hatch and land at 14 Ivanhoe Parade, due to its heritage and its ongoing capacity to service the local community in this prime location of public access for the train station, local buses, visibility, pedestrian and road frontages, close to the Ivanhoe library and other Council facilities; and its parking amenity and to instead, ensure the land and buildings remain as a public asset for the growing population of Ivanhoe and Banyule for community events and other public interest activities, such as the U3A and Ivanhoe Garden Club, or similar rather than allow apartments to be built on this land should it become privately owned and its potential for community use lost forever.”

Resolution (CO2019/154)

That Council 1. Receives and notes the petition. 2. Refers the petition to the Property Services department for consideration. 3. Advise the primary petitioner of this resolution.

Moved: Cr Peter Castaldo Seconded: Cr Mark Di Pasquale CARRIED

3. PEOPLE – COMMUNITY STRENGTHENING AND SUPPORT

Nil



4. PLANET – ENVIRONMENTAL SUSTAINABILITY

4.1 POWER PURCHASE AGREEMENT (PPA) - INCREASING COUNCIL'S RENEWABLE ENERGY COMMITMENT

EXECUTIVE SUMMARY

Banyule has established a target of carbon neutrality by 2028 without the purchase of carbon offsets. As a result, Council has committed to undertaking a range of actions that aim to reduce energy and greenhouse gas (GHG) emissions, including energy efficiency measures and solar photovoltaic (PV) implementation across Council-owned and managed buildings.

In order to achieve this target, the equivalent amount of renewable energy must be generated, or procured, to meet Council’s surplus electricity consumption.

Participation in Power Purchasing Agreements (PPA) is one way that Council can do this. PPA’s are an agreement between an independent power generator and a buyer for the sale of energy.

To date, Council has committed to participating in two PPA’s:

The Victoria Greenhouse Alliance Local Government (VGA LG PPA) of approximately 20%; and

The Procurement Australia (PA) PPA of approximately 5%.

Following the Urgent Business item 1.2 at the Council meeting on 5 August 2019, the Victorian Greenhouse Alliance (VGA) has provided Council with an extension of its PPA commitment date, indicating Council’s electricity purchase percentage amount. As a result, there is now an opportunity for Council to increase its’ green power contribution to cover the balance of Council’s remaining electricity consumption and in keeping with its climate objectives. Resolution (CO2019/155)

That Council:

1. Increase its participation in the Victoria Greenhouse Alliance Local Government

Power Purchasing Agreement (VGA LG PPA) to cover the balance of Council’s

remaining electricity spend, so that 100% of all Council-purchased electricity is

via a Power Purchase Agreement (PPA).

2. Write to the Victorian Greenhouse Alliance (VGA), increasing Council’s

commitment, from 20% to approximately 95% of electricity consumption.

Moved: Cr Peter Castaldo Seconded: Cr Mark Di Pasquale CARRIED



5. PLACE – SUSTAINABLE AMENITY AND BUILT ENVIRONMENT

5.1 NORTH EAST LINK UPDATE

Jeremy Richards, Michelle Giovas, David Mulholland and Hesham Mobarek spoke to the item.

EXECUTIVE SUMMARY

The North East Link Environmental Effects Statement (NEL EES) panel hearing is currently underway. The combined case for Banyule, Boroondara, Manningham and Whitehorse Council’s has been presented by legal counsel including expert witness evidence which has been heard over the last two weeks and is continuing this week.

As part of our submission, Council is advocating for a range of improvements to benefit the Banyule community including:

Inclusion of projects identified in its adopted Complementary Projects List;

Protection of Sporting Clubs;

Options to reduce the impact of the northern portal Lower Plenty Road and Watsonia including consideration of a longer tunnel;

Reviewing the traffic interchanges at Grimshaw Street and at Lower Plenty Road.

A significant amount of extra work has been imposed on Council due to the late submission of extra information by the North East Link Project (NELP) in the lead up to and during the course of the hearing. This has necessitated the unexpected full time attendance by Council officers at the hearing and has increased the amount of legal counsel time needed to appropriately respond. The Inquiry and Advisory Committee (IAC) overseeing the hearing, must submit its report to the Minister for Planning within 30 business days of the completion of the hearing which is scheduled for 13 September. The submission is expected to be made by the end of October. Following this, it is likely that the Minister’s decision on the NEL Project will be announced in December prior to the Christmas break. It is considered appropriate that Council prepares for an expected work load increase following the IAC and the ministerial announcement for the NEL Project. Requests are expected from the NELP to assist in the implementation of works including approval of traffic management plans and comments on design plans. It is also considered appropriate to develop a communications plan for the period following the completion of the hearing process to keep the community informed on:

The advocacy that Council is undertaking on the communities behalf.

The next steps after the EES hearing process including the time frames for the IAC to provide a report to the Minister.

The implications for the start of early works and what the community can expect.

The plan would consider the provision of an update in the community newsletter and the provision of a community forum.



5.2 PLANNING AND BUILDING ACTIVITIES REPORT (JANUARY - JUNE 2019)

EXECUTIVE SUMMARY

This report presents and provides commentary on the January to June 2019 activities of Development Planning and Building Service incorporating Banyule Building Permits and Inspections (BPI). Key highlights from the review period for Development Planning include:

Live planning applications and requests decreased to a low of 447 in June;

The percentage of applications determined within the statutory timeframe has increased from 55% in the previous 6 months to 58%.

The number of live planning investigations reduced from 144 to 108 across the 6 month review period;

The Development Planning Forum was held in March and attended by residents, planning consultants and staff. The forum provided attendees with an overview of Development Planning together with specialist information regarding trees and environmentally sustainable design.

A Developments Tour for staff was held in March providing an opportunity to review and reflect on developments throughout the north east of the municipality.

A proactive tree replanting enforcement program is underway to identify compliance with replanting requirements of tree removal permits.

A new suite of delegate report templates has been introduced to streamline the reporting process for planners.

Banyule Building Permit and Inspections (BPI) has continued to provide building permit services commercially, both locally and state-wide, an enterprise that subsidises department costs associated with the statutory functions of the Municipal Building Surveyor. Highlights for BPI for the January – June 2019 period include:

The number of building permits issued for the January – June 2019 period increased by 4% compared to the same time period in 2018.

Cooperation with the State Government Cladding Taskforce on combustible cladding high risk buildings within the Banyule Municipality.

Resolution (CO2019/156) That Council:

1. Develops a communications plan to inform the community on Council’s advocacy efforts and next steps in the North East Link Project following the completion of the Inquiry and Advisory Committee including the consideration of:

a. An update in the community newsletter and on social media b. Community forums

2. Make available a summary of the work Council has undertaken on a possible future

vision and current opportunities at Watsonia that relate to the North East Link for information.

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




That Council note:

1. The Development Planning and Building Activities Report for the period January to June 2019.

2. The new procedures, reporting and monitoring proposed to minimise the risk of ‘out of time’ VCAT reviews being lodged before public notification of applications.

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

5.3 8 ST HELENA ROAD, GREENSBOROUGH - DEMOLITION OF BLUESTONE

SHELTER AND OTHER STRUCTURES IN PIONEER RESERVE (P543/2019)

EXECUTIVE SUMMARY

The proposal is for the demolition of a picnic shelter and toilet block located in Pioneer Reserve.

The site is affected by a heritage overlay which relates to the bluestone material used to construct a viewing platform, retaining wall, entrance structures and picnic shelter which is proposed to be demolished. The bluestone is of historical and social significance to Banyule given it was repurposed from the first bridge built across the Plenty River.

The poor orientation and condition of existing structures has resulted in numerous reports of antisocial behaviour occurring at the site. This forms the primary reason for the proposed demolition. No objections were received as part of public notification. The proposal is considered to represent an acceptable response to the heritage guidelines with the ability to reuse the bluestone for future facilities in Pioneer Reserve. The proposal is also responsive to community safety objectives. It is considered the proposed demolition should be supported subject to the preservation of bluestone material to be used in future landscaping at the site.


That Council having complied with Section 52, 58, 60, 61 and 62 of the Planning and Environment Act 1987, resolves to issue a Planning Permit in respect of Application No. P543/2019 for Demolition of buildings in a Heritage Overlay at 8 St Helena Road GREENSBOROUGH subject to conditions: General

(1) The development as shown on the endorsed plans or described in the endorsed documents must not be altered or modified except with the written consent of the Responsible Authority;



(2) The bluestone material to be reused for future works within Pioneer Reserve, this may include landscaping or other amenities to the satisfaction of the Responsible Authority;

Time Limits

(3) In accordance with section 68 of the Planning and Environment Act 1987, this permit will expire if one of the following circumstances applies:

The development is not commenced within two years of the date of this permit;

The development is not completed within four years of the date of this permit.

In accordance with section 69 of the Planning and Environment Act 1987, the Responsible Authority may extend the periods referred to if a request is made in writing:

(a) Before the permit expires, or

(b) Within six months afterwards, or

(c) Within 12 months afterwards if the development started lawfully before the permit expired.

Permit Notes

(A) Building Permit Required

Building Permit must be obtained prior to the commencement of any works associated with the proposed development.

(B) 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.

(C) Building Site Code of Practice

All construction works must comply with the requirements of the ‘Building Site Code of Practice – Banyule City Council’. A copy of the Code is available on the Banyule City Council website or at Council Service Centres.

Moved: Cr Mark Di Pasquale Seconded: Cr Alison Champion CARRIED



5.4 PLANNING SCHEME AMENDMENT GC119 - STATE GOVERNMENT UPGRADE TO FITZSIMONS LANE

Michelle Giovas and David Mulholland spoke to the item

EXECUTIVE SUMMARY

Major Road Projects Victoria (MRPV) are planning upgrades to Fitzsimons Lane, including replacing the roundabout at Main Road, Eltham with traffic lights. Planning approval for the works is being pursued through a Ministerial Planning Scheme Amendment GC119. Council has been asked to provide a letter of support for the amendment. Whilst the project is generally supported there are concerns in supporting the amendment before additional information has been publically provided and adequate consultation on the design of the proposal has occurred.


That Council: 1. Write to Major Road Projects Victoria requesting a comprehensive briefing for Council

on the detailed reference design, traffic modelling and Planning Scheme Amendment GC119 at the earliest opportunity.

2. Authorises the Chief Executive Officer to respond to Major Road Projects Victoria’s

request for written support of Amendment GC119 following the briefing in item 1 above.


6. PARTICIPATION – COMMUNITY INVOLVEMENT IN COMMUNITY LIFE

Nil

7. PERFORMANCE - USE OUR RESOURCES WISELY

7.1 COUNCIL MEETING DATES FOR 2020

EXECUTIVE SUMMARY

The Local Government Act 1989 requires Council to fix the dates, times and place of Council Meetings and to provide public notice of the Meeting schedule, which requires 7 days’ notice of an Ordinary Meeting or Special Meeting. The dates and venues of Council Meetings are published in Council’s annual calendar, The Banner and the local Leader newspapers.



The proposed dates for 2020 are based on a meeting every 3 weeks, and takes into consideration Public Holidays, the legislative requirements for the Budget and Council Plan timetable, caretaker period, the Election of Mayor, and the Australian Local Government Association (ALGA) National General Assembly dates. For 2020, all Council Meetings will be held at the Council Offices at 1 Flintoff Street, Greensborough, due to the Ivanhoe Library and Cultural Hub Development construction works that will be taking place at 275 Upper Heidelberg Road, Ivanhoe. The purpose of this report is to consider and approve a schedule of meeting dates for the Council Meetings for 2020.


That Council Meetings commence at 7.00pm and the dates for 2020 be as follows:

Month Date (Monday)

February 3

24

March 16

April 6 27

May 18 28 – Special, Thurs

(Consideration of Budget & Council Plan Submissions only)

June 15 25 – Special, Thurs

(Consideration of Budget & Council Plan only)

July 6 27

August 17

September 7 21

October Caretaker period (23 September to election day)

November 9 (Mayoral Election only)

16

December 7




7.2 QUARTERLY FINANCIAL MANAGEMENT REPORT - PRELIMINARY JUNE 2019 RESULTS

Brian Grace and Kevin Hill spoke to the item.

EXECUTIVE SUMMARY

The Quarterly Financial Management Report - Preliminary June 2019 Result is a preliminary assessment of the actual unaudited results for June 2019 against the adopted budget 2018-19. This financial result is preliminary and is subject to change pending finalisation of year-end adjustments including assessment of:

Staff provisions

Doubtful debts

Accruals and prepayments

Capital works completion

Capitalisation of expenditure

Depreciation and amortisation The Audited Financial Report for the year ended 30 June 2019 will be presented to Council on 19 September 2019 and will included a note on the performance against budget (income, expenditure and capital works) in accordance with the Local Government Act 1989 and the Local Government (Planning and Reporting) Regulations 2014. Operating Surplus The Adopted Budget 2018-19 Surplus is $5.207m. The preliminary June 2019 Actual Operating Surplus for the year is $16.361m, and this preliminary unaudited financial result compares favourably to budget by $11.154m. The significant contributions to the favourable variance includes: Income: $10.443m favourable to budget. Additional income of $6.931m is from the Grants and Contribution income streams. Statutory Fees and Fines and User Fees and Charges are $1.552m favourable to budget. Expenditure: $0.711m favourable to budget with several expense categories impacted both favourably and unfavourably. Overall Council has managed total expenditure within the adopted budget. The 2018-19 underlying operating surplus is $7.073m and compares favourably to the budgeted underlying operating surplus of $1.077m. This underlying result is determined after adjusting for non-recurrent capital grants and capital contributions. Capital Works Performance: Capital works expenditure is $34.631m. This is $12.555m lower than the adopted budget of $47.186m. The amount of capital works expenditure to be carried forward to the 2019/20 financial year will be determined once the financial statements have been completed, including all accruals and prepayments.




That Council:

1. Note and receive the Quarterly Financial Management Report for the period 30 June 2019.

2. Note the preliminary June 2019 operating surplus of $16.361m against the adopted budget of $5.207m for the year ended 30 June 2019.

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

7.3 AUDIT & RISK ADVISORY COMMITTEE MINUTES - 14 JUNE 2019

Kevan Hill spoke to the item.

EXECUTIVE SUMMARY

The Audit & Risk Advisory Committee is an Advisory Committee whose role is determined by the Local Government Act 1989. The responsibilities and terms of reference of the Audit & Risk Advisory Committee are defined in the Committee’s Charter. The Minutes of the meeting of the Audit & Risk Advisory Committee are required to be reported to a Council Meeting. Consequently, the Minutes of the meeting held on the 14 June 2019 are being presented to Council for noting.


That Council notes the Audit & Risk Advisory Committee Minutes for the meeting held on the 14 June 2019. Moved: Cr Rick Garotti Seconded: Cr Peter Castaldo CARRIED



7.4 AWARDING OF CONTRACT NO. MANNINGHAM EF18-27082 PROVISION OF

TREE PRUNING AND ASSOCIATED SERVICES

EXECUTIVE SUMMARY

This report is to consider the awarding of services under Contract No Manningham EF18-27082 – Provision of Tree Pruning and Associated Services Routine Pruning and Panel of Suppliers for the provision of specialised tree works. Banyule City Council, along with Manningham City Council, City of Greater Dandenong Council, Monash City Council, Moreland City Council, Nillumbik Shire Council, Whitehorse City Council and Yarra Ranges Shire Council have entered into a collaborative arrange for the provision of tree services. The intent of going into a collaborative tender is to ensure that Council’s Tree Care Service Unit has access to value tested services required to maintain and enhance Banyule City Council’s extensive tree population. The contract term is initially for four (4) years. Council reserves the right to extend the Contract for a further maximum period of two (2) additional years at its sole discretion. The total estimated expenditure over the six (6) year period is $7,520,000. The general service categories required under this arrangement are:

Block Pruning

Stump Grinding and Miscellaneous

Tree Removal and Reactive Tree Pruning Services

Electrical Line Clearance

Live Line Clearance

Tree Root Barrier; and

Tree Health

The Tender Evaluation Panel (TEP) has recommended awarding the contract to one (1) supplier for Block Pruning and a panel of eight (8) suppliers across six (6) different categories in accordance with the tender


That: 1. Contract No. Manningham EF18-27082 – Provision of Tree Pruning and Associated

Services be awarded to one (1) supplier Active Tree Services Pty Ltd for Block

Pruning for four (4) years to 31 August 2023 with an extension option of two (2) years

to the expiry of the contract 31 August 2025.

2. Works be awarded to a Panel of Suppliers consisting of eight (8) suppliers across six

(6) categories with some suppliers awarded multiple categories for four (4) years to 31

August 2023 with an extension option of two (2) years to the expiry of the contract 31

August 2025.



Stump Grinding and Miscellaneous

Steven’s Specialist Tree Service P/L,

TreeServe; and

Aspect Tree Management Pty Ltd

Tree Removal and Reactive Tree Pruning Services

Recovery Tree Services,

Aspect Tree Management Pty Ltd,

TreeServe; and

Steven’s Specialist Tree Service P/L

Electrical Line Clearance

Steven’s Specialist Tree Service P/L; and

Aspect Tree Management Pty Ltd

Live Line Clearance

TreeServe; and

Active Tree Services Pty Ltd

Tree Root Barrier

Citywide

Tree Health

Arbor Co; and

ArborSpray P/L

3. The Common Seal of the Banyule City Council be affixed to the contract agreement.

4. Council officers be authorised to extend the contract for a further two (2) years subject

to successful performance of the contractors.


7.5 AWARDING OF CONTRACT NUMBER: '0983-2019 - PROVISION OF FESTIVAL AND EVENTS SERVICES'

EXECUTIVE SUMMARY

This report is to consider the awarding of Contract No 0983-2019 for ‘Provision of Festival and Events Services’. Analysis of the delivery of Councils festivals programme and existing contract arrangements has identified that Council would benefit from appointing a panel of consultants to increase efficiency and value for money across applicable categories.

The funding for all works undertaken under this contract will be from Leisure, Recreation and Cultural Services Operational Budget, which is adopted at the start of each financial year.

The anticipated expenditure on this contract is approximately $691,613 over the expected four year contract period. The proposed contract term is one (1) year initially with extension options of one plus one + one (1+1+1) at Councils discretion.



Tenders were advertised in The Age on Council’s web site. During this period forty one (41) contractors downloaded the tender documents and twelve (12) submissions were received by closing time.

Category A – Event Management – The Leisure and Culture team have made a decision to not continue with this category and will now provide the service in house. As a result this category will not be awarded, respondents will be notified accordingly.

The Tender Evaluation Panel recommends that Council award, Contract No 0983-2019 for ‘Provision of Festival and Events Services’, on a lump sum and schedule of rates basis to the highest scoring consultants.


That:

1. Contract No ‘0983-2019 - Provision of Festival and Events Services’ be awarded to:

Category B - Production

o Moon Mother Productions Pty Ltd

o Nextgen AV Pty Ltd

Category C - Infrastructure

o Hine Hire Pty Ltd

o Jobs by Joe

Category D – Electrical & Power Supply

o East Coast Generators Pty Ltd

Category E – Toilet Hire

o Composting Toilet Systems

o Viking Rentals Pty Ltd

2. Council officers be authorised to sign a contract agreement with the successful

tenderers. 3. The Common Seal of the Banyule City Council be affixed to the contract agreement. 4. Council authorise the Chief Executive Officer or delegate to approve future

extensions under the contract subject to continued satisfactory performance of the consultants.

Moved: Cr Peter Castaldo Seconded: Cr Rick Garotti CARRIED



7.6 AWARDING OF CONTRACT NO. 0979-2019 FOR AIR CONDITIONING & MECHANICAL SERVICES – MAINTENANCE & NEW INSTALLATIONS

EXECUTIVE SUMMARY

This report is to consider the awarding of Contract No 0979-2019 for “Air Conditioning & Mechanical Services - Maintenance & New Installations”. All submitted tenders were analysed by the Tender Evaluation Panel (TEP) comprising Council officers. After the detailed evaluation process, interviews were held with the short-listed contractors to obtain further information about their tender submissions and discussed any proposed contract departures. The Tender Evaluation Panel (TEP) is recommending awarding the contract to Total Air Services (Vic) Pty Ltd in accordance with the tender and conditions as determined by Council for $53,470.84 (ex. G.S.T) per year. Based on previous contract it is estimated that there could be an additional $1M expenditure over the 4 year contract term if defects are identified during the preventative maintenance inspections.


That: 1. Contract No. ‘0979-2019’ for ‘Air Conditioning & Mechanical Services -

Maintenance & New Installations’ be awarded to Total Air Services (Vic) Pty Ltd for $53,470.84 (ex. G.S.T) per year for preventative maintenance.

Based on previous contract it is estimated that there could be an additional $1M expenditure over the 4 year contract term if defects are identified during the preventative maintenance inspections.

The contract term is for an initial term of one year with extension options for a further three years (3x1) at Council’s discretion.

2. The Common Seal of the Banyule City Council be affixed to the contract agreement. 3. Council authorises the Chief Executive Officer or delegate to approve future

extensions under the contract subject to continued satisfactory performance of the Contractor.

Moved: Cr Peter Castaldo Seconded: Cr Rick Garotti CARRIED



7.7 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: 7 March 2019

Type of Meeting: LGBTIQ+ Advisory Committee Meeting

Matters Considered: Action Plan Monitoring Evaluation of the Qwere Street Event Trans Day of Visibility update Feedback on Midsumma Carnival and Pride March IDAHOBIT 2019 Update Inclusive Clubs Working Group Update

Councillors Present: Craig Langdon Tom Melican

Staff Present: Allison Beckwith – Director Community Programs Gemma Boucher – Community and Social Planner

Others Present: Clare Headland Lachlan Harris Kane Davis Mason Jefferies Sky Lacey Katie Larsen Stephanie Scane Brianna Stevenson Michelle McNamara James Heaney Lara Hunter Claire Flynn Jasmine Harris Nicoletta Anaston

Conflict of Interest: N/A



2 Date of Assembly: 21 March 2019

Type of Meeting: Multicultural Advisory Committee

Matters Considered: Christchurch Terrorist Attack 3081 Cultural Precinct Project Multicultural Action Plan Monitoring Cultural Diversity Week Grants Volunteer Awards

Councillors Present: Craig Langdon


Others Present: Andrea Gallo Hedi Azadi Sarath Krishnan Jason Xin Ansam Sadik Samantha McGuffie Samira Liban Maria Axarlis-Coulter Suzanne Crellin


3 Date of Assembly: 4 April 2019


Matters Considered: Action Plan Monitoring Inclusive Swim Night Feedback Inclusive Business Pack Review IDAHOBIT 2019 Update

Councillors Present: Tom Melican


Others Present: Lachlan Harris Kane Davis Mason Jefferies Sky Lacey Stephanie Scane Michelle McNamara Callum Cunningham

Conflict of Interest: Nil

4 Date of Assembly: 16 April 2019


Matters Considered: Sustainable Transport Projects Climate Change and Engaging with CaLD Community Multicultural Action Plan Ramadan 2019 Cultural Diversity Week Grants



Mayoral Taskforce Against SRSS Cuts - Update Hatch Exhibition – A Journey Through Life

Councillors Present: Peter Castaldo

Staff Present: Allison Beckwith – Director Community Programs Gemma Boucher – Community and Social Planner Ellie Hall – Environmental Sustainability Officer

Others Present: Andrea Gallo Hedi Azadi Jason Xin Samira Liban Maria Axarlis-Coulter Suzanne Crellin Uzma Rubab


5 Date of Assembly: 6 June 2019


Matters Considered: QWere Street 2020 Presentation IDAHOBIT 2019 Review Universal Diversity Statement Inclusive Business Pack Review Census 2016 Data

Councillors Present: Craig Langdon


Others Present: Lachlan Harris Mason Jefferies Sky Lacey Stephanie Scane Michelle McNamara Lara Hunter James Heaney Katie Larsen Megan Burke


6 Date of Assembly: 18 June 2019


Matters Considered: Malahang Festival 2019 Health and Wellbeing Resources for Somali Young People World Refugee Day/Week 2019 Outcomes of the 2019 Cultural Diversity Grants Mayoral Taskforce Against SRSS Cuts - Update

Councillors Present: Alison Champion

Staff Present: Lisa Raywood - Manager Health, Aged & Community Planning Gemma Boucher – Community and Social Planner



Others Present: Andrea Gallo

Hedi Azadi Jason Xin Samira Liban Maria Azarlis-Coulter Suzanne Crellin Uzma Rubab


7 Date of Assembly: 29 July 2019

Type of Meeting: Councillor Briefing

Matters Considered: Inclusive Local Jobs Strategy Waste Management Update Community Publications Community Satisfaction Survey

Councillors Present: Peter Castaldo Alison Champion Mark Di Pasquale Rick Garotti Craig Langdon Tom Melican Wayne Phillips

Staff Present: Simon McMillan – Chief Executive Officer Allison Beckwith – Director Community Programs Marc Giglio – Director Corporate Services Geoff Glynn – Director Assets & City Services Scott Walker – Director City Development Gina Burden – Manager Governance & Communications Kerryn Woods – Executive Assistant CEO & Councillors Cheree Hunter – Social Enterprise & Local Job Coordinator Jane Nixon – Local Jobs Team Leader Michelle Isherwood – Economic Development Officer Russell Darling – Manager Operations Andrew Croft – Waste Management Coordinator Lucy Rasdell – Strategic Property Manager Shawn Neilsen – Communications Coordinator Uzma Rubab – Strategic Development & Performance Officer Allister Crawford - Strategic Development & Performance Coordinator James Stirton – Manager Environment & Place

Others Present: Nil


8 Date of Assembly: 29 July 2019

Type of Meeting: Confidential Briefing

Matters Considered: Confidential Matters

Councillors Present: Peter Castaldo Alison Champion Mark Di Pasquale



Rick Garotti Craig Langdon Tom Melican Wayne Phillips

Staff Present: Simon McMillan – Chief Executive Officer Allison Beckwith – Director Community Programs Marc Giglio – Director Corporate Services Geoff Glynn – Director Assets & City Services Scott Walker – Director City Development Gina Burden – Manager Governance & Communications Kerryn Woods – Executive Assistant CEO & Councillors Lucy Rasdell – Strategic Property Manager

Others Present: Nil


9 Date of Assembly: 5 August 2019


Matters Considered: Items on the Council Agenda for the Ordinary Meeting of 5 August 2019 (excluding confidential items) as listed below:

Urgent Business

1.1 Diamond Village Planning Application 13/78/92 Nepean Street Watsonia – P708/2018

2.1 Petition Regarding Maltravers Speed Reduction Plan

2.2 Petition Opposing Installation of Parking Meters in Main Street Greensborough

5.1 18 Davidson Street Bellfield - Development of Two Double Storey Dwellings - P1054/2018

5.2 21 Davidson Street Bellfield - Development of Two Double Storey Dwellings - P622/2018

5.3 87-131 Bell Street, Ivanhoe - Multi-storey Mixed Use Development - P363/2019

5.4 36-38 Somerset Drive Viewbank - Buildings and Works - P542/2019

5.5 10 Aminya Crescent, Yallambie - Vegetation Removal - P43/2019

5.6 North East Link Update

6.1 North East link Sporting Club Relocation

6.2 Advisory Committees' Report

6.3 Banyule Youth Summit Report Card 2019

6.4 Lower Plenty Scouts - Allocation of Funds for Accessible Entry Including Decked Entrance

7.1 Acting Chief Executive Officer

7.2 Audit & Risk Advisory Committee Minutes – 14 June 2019

7.3 Councillor Report on Conference Attendance

7.4 Report on Property Transactions for the 6 Months Ending 30 June 2019

7.5 Assembly of Councillors

7.6 Award of Contract No 0984-2019 for the Provision of Transactional Banking Services



7.7 Awarding of Contract No 0959-2018 for Extension & Upgrade of Banyule Flats Pavilion

L1 Awarding of Contract No 0982-2018 - Reconstruction of Montmorency North Oval, Montmorency and Olympic Park Main Pitch, Heidelberg West

8.1 Sealing of Documents - The Kintala Club Inc. - 3 Plymouth Street, Heidelberg

General Business

Urgent Business

1.2 Power Purchase Agreement (PPA) – Increasing Council’s Renewable Energy Commitment

Councillors Present: Peter Castaldo Alison Champion Mark Di Pasquale (arrived 5.53pm) Craig Langdon Tom Melican

Staff Present: Simon McMillan – Chief Executive Officer Allison Beckwith – Director Community Programs Marc Giglio – Director Corporate Services Geoff Glynn – Director Assets & City Services Scott Walker – Director City Development Gina Burden – Manager Governance & Communications Emily Outlaw – Executive Governance Officer Joel Elbourne – Manager Planning & Building David Moon – Development Planning Coordinator Darren Bennett – Manager Leisure, Recreation & Culture Services Ana Caicedo – Acting Manager Transport Melinda Ramsay – Sport & Leisure Services Team Leader Jessica Anders – Governance Admin Support Officer Mark Sheehan – Major Developments Planner

Others Present: Nil


10 Date of Assembly: 12 August 2019


Matters Considered: Festivals Evaluation

Banyule Graffiti Strategy 2019-2023

Fleet Zero Emissions

People & Culture – Update

NEL – General Discussion

Councillors Present: Peter Castaldo

Alison Champion Mark Di Pasquale Craig Langdon Tom Melican



Staff Present: Simon McMillan – Chief Executive Officer

Marc Giglio – Director Corporate Services Geoff Glynn – Director Assets & City Services Scott Walker – Director City Development Gina Burden – Manager Governance & Communications Kerryn Woods – Executive Governance Officer Darren Bennett – Manger Leisure, Recreation & Culture Services Nicole Maslin – Leisure & Cultural Services Coordinator Russell Darling – Manager Operations David Walczak – Fleet Management Coordinator Hannes Berger – Arts & Culture Team Leader Frances Gianinotti – Youth & Community Partnership Coordinator Bianca Ellis – Community Safety & Crime Prevention Officer

Others Present: Nil



That the Assembly of Councillors report be received.

Moved: Cr Mark Di Pasquale Seconded: Cr Alison Champion CARRIED

8. SEALING OF DOCUMENTS

Nil

9. NOTICES OF MOTION

Nil

10. GENERAL BUSINESS

Nil ADJOURNMENT OF MEETING


That the Meeting be adjourned for Public Question Time. Moved: Cr Mark Di Pasquale Seconded: Cr Peter Castaldo CARRIED

The Meeting adjourned for the Public Question Time at 8.42pm.



PUBLIC QUESTION TIME

1 Name & Suburb

Kevan Hill – Ivanhoe

Question: In light of Council’s greenhouse policy developed earlier this year has Council determined the carbon footprint of two Councillors separately driving to an interstate conference and one Councillor travelling by plane to the same conference and if not, why not? Will Council review this practice for future conferences in light of the Council’s Greenhouse policy?

Response: Scott Walker – Director City Development Following Council’s climate action resolution on 10 December 2018, an organisational emissions reduction plan is being prepared. This plan will be in alignment with the National Carbon Offset Scheme and will include travel for Council business within Council’s carbon profile.

2 Name & Suburb Anonymous

Question: Can Council please advise the name of the consultants that were used to formulate amendments "C71" and "C100" for inclusion into the Banyule Planning Scheme?

Response: Scott Walker – Director City Development Amendment C71 was approved in October 2015. It was a Ministerial Amendment that was required to make corrections and undertake administrative changes to the Banyule Planning Scheme. This was not a consultant led Amendment. Amendment C100 was approved in July 2014. The Amendment implemented the reformed residential zones in Banyule. The consultants used for the Amendment were Planisphere (now known as Ethos Urban).



3 Name & Suburb Kevin Biaggini – Ivanhoe

Question: How much has Banyule City Council paid in landfill levies to the State Government in the last 3 years and how much have they received from the Sustainability Fund to support recycling programs during that time?

Response: Darren Bennett – Acting Director Assets & City Services Banyule have paid over $8.86M in landfill levies between 1 July 2016 and 30 June 2019. Banyule have received $22,000 in grants from the Sustainability Fund during that time. Banyule will also be receiving $100,000 to assist with the implementation of the e-Waste ban. In addition Banyule also get the benefit of the permanent Detox Your Home drop-off site at the Waste Recovery Centre which is funded by the Sustainability Fund.

4 Name & Suburb Roger Fyfe – Ivanhoe

Question: P1206/2018 – 8-16 Seddon Street Ivanhoe - What date was the original application submitted to Council? Were the original plans substantially different to the advertised plans (P1206/2018 Pt1) in the way of different height and setbacks?

Response: Scott Walker – Director City Development The application for the proposed development at 8, 10 and 16 Seddon Street, Ivanhoe was submitted to Council on the 20 November 2018. The original plans were not substantially different to the plans placed on public notification, however, the applicant increased the height of the building at 10 Seddon Street by two levels in the plans submitted for notification.



5 Name & Suburb David Mulholland – Heidelberg Heights

Question: When will Banyule Council introduce the readily available technology to live stream Council meetings through Facebook?

Response: Marc Giglio – Director Corporate Services

Officer’s presented a report to Council back in 2015 on the proposal to webcast/live stream Council meetings. Council chose not to proceed at the time and the issue has not been raised again during this current term of Council. Council are looking at investing in technology should they wish to live stream Council Meetings when they move back to Ivanhoe. During that time Council will look at the types of technology and the costs associated for live streaming and post production as other Councils do.

The following questions are in relation to planning application P1332/2018 for the proposed aged care facility, child care centre, medical centre and licensed café at 321 Lower Heidelberg Road Ivanhoe East

Name & Suburb Luigi Vaiano – Ivanhoe East

Question: Will Council consider calling a special meeting to consider the matter of Application for Planning Permit P1332/2018 proposing a $56M aged care facility, child care centre, medical centre and licensed cafe at 321 Lower Heidelberg Road IVANHOE EAST on a site of approximately 6293sq metres.

Response: Scott Walker – Director City Development The application for the proposed development at 321 Lower Heidelberg Road, Ivanhoe East has undergone public notification which was complemented by a public information session held on 14 August 2019. Approximately 170 objections have been received to date. Objections will continue to be accepted up until the time that a decision is made on the application. It is important that planning applications undertake a thorough and complete assessment by the Development Planning Department of Council before providing a recommendation to Council. Given that this assessment is not yet complete for the proposal at 321 Lower Heidelberg Road, Ivanhoe East then it would be inappropriate for Council to consider calling a Special Meeting given the timeframes involved.

It is acknowledged that the 60 Statutory Day timeframe for considering planning the planning application is coming to an end shortly. For this reason, the application is to be considered and determined under delegation by senior officers within the Development Planning Team.



It is noted that in relation to P1332/2018, seven public question submissions were received but did not meet the criteria. The nature of these statements call for Council to hold a special meeting for council to consider the application and provide opportunity for members of the public to speak on the item.

Name & Suburb Jeremy Ilton - Ivanhoe East

Question: What certainty and to what level of assurance can Council provide traders in Ivanhoe East that if this development goes ahead that parking will not be any worse than it currently is, and that existing and future visitors to the village will not find it any more difficult to find a suitable parking space, either during or after construction, so they can carry out their business in the centre and that in the course of the development trades people will not overrun all current parking availability in the centre at 7am before anybody else arrives in the village each morning?

Response: Scott Walker – Director City Development Council must have regard to the car parking requirements set out in Clause 52.06 of the Banyule Planning Scheme. This sets out that 86 car spaces should be provided to meet the standard car parking provisions for the mix of uses proposed. The application proposes 121 car spaces. If the application is supported with this rate of car parking, the ‘over-provision’ of car spaces on the site will take pressure sway from on-street car parking. However, this could also encourage more vehicle movements to and from the proposed development than may occur with less car parking being provided.

Name & Suburb John Horsnell – Eaglemont

Question: What consideration was given to this large commercial development being approved within a residential area?

Response: Scott Walker – Director City Development No decision has been made on the proposed development. All of the land uses proposed can be considered under the residential zoning of the site. The bulk, mass and scale of the proposed building must also be assessed having regard to the surrounding context and neighbourhood character.



The following questions are in relation to planning application P708/2018 (VCAT reference P213/2019) for the proposed 5 storey apartment building at the Diamond Village Shopping Centre in Watsonia (the Lauders/Cruze Lounge Shops)

Name & Suburb Annette Boskovic – Watsonia

Question: Can council give an undertaking, that if any further significant development proposal are made in the Diamond Village area, that residents are notified by mail in 4 business days as per this time frame of the recent letter from Cr Alison Champion?

Response: Scott Walker – Director City Development Public notice of planning applications is undertaken at the appropriate stage of the planning assessment having regard to the overall timeframe for the individual application and current workloads within the Development Planning Department.

Name & Suburb Erica McKenna – Greensborough

Question: Is Council aware their representative [at VCAT] said 4 – 5 storeys was probably OK, and that Council was OK with the developer not having sufficient car parking spaces for the residential and commercial spaces planned?

Response: Scott Walker – Director City Development The car parking provision for the proposal was considered adequate. The proposal was not supported and a ground of refusal was that the mass, bulk and scale of the built form of the proposal was not addressed by the amended plans. Council’s submission outlined out that the footprint of heights above 3 metres would need to be reduced.



Name & Suburb Daniel McKenna Reid – Greensborough

Question: The written agreement for the sale of Tree 10 provided to residents is a non-legally binding “Heads of Agreement” when will council be negotiating the final terms and conditions of the sale of the communities tree (the largest tree on Nepean St in Watsonia) and will they make this information publicly available?

Response: Scott Walker – Director City Development A written agreement has been reached in relation to the removal of tree 10 and no further negotiations will occur. The agreement sets out that the street tree will only be removed if a planning permit is granted by the Victorian Civil and Administrative Tribunal. Under the Agreement, if a permit is granted, the street tree would then only be removed once the development commences. If the developer does not act on the planning permit, the street tree will not be removed under the Agreement

Name & Suburb David Samulenok – Ivanhoe

Question: It is stated that the sale of Tree 10 (the biggest Tree on Nepean St in Watsonia) will include a $70,000 contribution to the streetscape around Diamond Village and will be held in a trust for this purpose only. What happened to the $200,000 from the sale of 13A/78-92 Nepean St in 2017? Can this also be included in the trust for streetscape upgrades in the Diamond Village area and be held in the same trust?

Response: Scott Walker – Director City Development

Proceeds from sale of Council property are invested into the wider Banyule community and used to fund Council activities and initiatives and has already been accounted for in previous budgets. In this instance the developer has also agreed to a $70,000 contribution towards planting and streetscape upgrade around the Diamond Village shops in addition to an $80,000 contribution toward streetscape upgrades at the Nepean Street end of the shops. This is a separate contribution to the land sale funds which will only be utilised if the development proceeds.



Name & Suburb Sasha Boskovic – Watsonia

Question: At the last council meeting a resident asked “Why did council subdivide 13A/78 Nepean St in 2014” the response was “In 2014 Council discontinued a section of the road abutting the north and east of 13/78 – 92 Nepean St Watsonia and created 13A/78-92 Nepean St Watsonia through a subdivision. The discontinued road was subsequently sold to the adjoining property owner with settlement in May 2017”. Why was the subdivision actually made?

Response: Scott Walker – Director City Development Council’s response to this question remains the same, however, to clarify, the subdivision was required to allow the land to be transferred to the purchaser.

Name & Suburb Troy Reid – Greensborough

Question: A letter was received by residents on 9th August 2019 from Cr Alison Champion entitled “Planning Application P708/2018 13/78-92 Nepean St, Watsonia”. Why did this letter not mention that council subdivided 13A/78-92 Nepean St in 2014 and sold to the developer with settlement in May 2017?

Response: Scott Walker – Director City Development The letter was generated to provide clarity regarding the application process and Council’s position, as resolved at 5 August 2019 Council meeting. The purpose of the letter was not to address sub-division of the land. Sale of the land was a Council decision following a public notice period.

The Public Question Time concluded at 9.00pm. 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 Rick Garotti Seconded: Cr Peter Castaldo CARRIED



The Meeting was closed to the public at 9.00pm.

Closure of Meeting

The Meeting was closed at 9.17pm.

DATED: ........................... DAY OF ........................... 2019

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

The next Ordinary Meeting of Council will be held on Monday, 16 September 2019.