Download pdf - Banyule City Council 25 May 2015 Ordinary Meeting Agenda

Ordinary Meeting of Council

Council Chambers, Service Centre

275 Upper Heidelberg Road, Ivanhoe

25 May 2015 commencing at 7.45 pm

Following the public forum commencing at approximately 7.30pm and may be extended to 8pm if necessary.

AGENDA

The Mayor’s Acknowledgement of the Wurundjeri People “Our Meeting is being held on the traditional lands (country) of the Wurundjeri people and I wish to acknowledge them as the traditional owners and pay my respects to their Elders.”

Apologies and Leave of Absence Nil Confirmation of Minutes Ordinary Meeting of Council held 11 May 2015 Disclosure of Interests Nil

1. Petitions Nil

REPORTS:

2. People – Community Strengthening and Support

2.1 World Health Organisation Developing Indicators for Age-Friendly Cities - Pilot Project Meeting ................................................................................... 3

2.2 Community Buses Review ...................................................................................... 6

3. Planet – Environmental Sustainability

Nil

4. Place – Sustainable Amenity and Built Environment

AGENDA (Cont’d)

Ordinary Meeting of Council - 25 May 2015 Page 2

4.1 Notice of Intention to Declare a Special Rate - Bell Street Mall ............................ 11

4.2 Update on the Vision for Watsonia Village ............................................................ 18

4.3 Planning Permit Application for an additional 15 Electronic Gaming Machines and associated buidling and works at Montmorency Eltham RSL (P1143/2014) .................................................................................... 22

5. Participation – Community Involvement in Community Life

5.1 Proposed City Plan & Budget - Consideration of Submissions Received ............................................................................................................... 43

6. Performance - Use Our Resources Wisely

6.1 219 Southern Road Heidelberg West - Proposed Sale of Land ............................. 53

6.2 Responding to the MAV invitation to join a proposed local government workers' compensation mutual scheme ............................................. 60

6.3 Assembly of Councillors ........................................................................................ 69

6.4 Challenges, Workload and Initiatives in Development Planning ............................ 79

6.5 29 Alamein Road Heidelberg West - Proposed Sale of Land ................................ 84

6.6 Shop 201 Greensborough Plaza and Shop 378A Greensborough Plaza .................................................................................................................... 89

7. Sealing of Documents

7.1 Sealing of Documents .......................................................................................... 93

8. Notices of Motion

8.1 Review of Council Committees ............................................................................. 95

8.2 Greensborough College ........................................................................................ 97

9. General Business

10. Urgent Business

Closure of Meeting to the Public That in accordance with Section 89(2) of the Local Government Act 1989, Council close the Meeting to members of the public and adjourn for five minutes to allow the public to leave the Chamber prior to considering the following confidential matter

11. Confidential Matters

11.1 Contractual matters

11.2 Contractual matters and proposed developments



Matters Discussed in Camera That all confidential matters and reports related to the above items remain confidential unless otherwise specified.

Closure of Meeting

2.1

People – Community Strengthening and Support


2.1 WORLD HEALTH ORGANISATION DEVELOPING INDICATORS FOR AGE-FRIENDLY CITIES - PILOT PROJECT MEETING

Author: Allison Beckwith - Director - Community Programs, Community Programs

File: F2015/167

EXECUTIVE SUMMARY Banyule City Council has been invited to represent Australia at the World Health Organisations (WHO) global meeting on developing indicators for Age-friendly Cities to be held from 10-11 June 2015. Banyule was selected as one of 13 sites from around the world to evaluate indicators on how good a place is to grow old. It involved the testing of more than 20 indicators. They relate to a range of factors including the physical environment, such as housing and transport; the social environment, such as employment, inclusion and participation; and health.

The WHO project requires the pilot sites to send a representative, who are experts on the subject matter, to a global two day meeting to be held in Geneva Switzerland. The WHO is providing funding for one officer from Banyule to attend. The other pilot sites required to attend include: Bilbao, Spain; Bowdoinham, USA; Dijon, France; Hong Kong SAR, China; La Plata, Argentina; Nairobi, Kenya; New Delhi, India; Shanghai/Jing’an, China; Tehran, Iran; Tuymazy, Russia; Udine, Italy; and Washington DC, USA.

The meeting will provide an opportunity for the pilot sites to directly offer feedback on the guide and core indicators, and exchange their views and experiences. This will not only generate valuable input for the WHO but will also facilitate peer learning among the pilot sites. The outcomes of this meeting will support Banyule and other cities around the world in becoming more Age-friendly. In accordance with Council policy which requires Council approval for attendance at overseas conferences or events, approval for the attendance of a Council officer at the WHO meeting in Geneva is being sought.

RECOMMENDATION

That: 1. The World Health Organisation Developing Indicators for Age-friendly Cites –

Pilot Project Meeting, report be noted and Council continue to enhance the lives of older people in Banyule

2. Council support officer attendance at the World Health Organisation

Developing Indicators for Age-friendly Cites - Pilot Project Meeting in Geneva, Switzerland, noting that attendance is being funded by the World Health Organisation.

3. That a presentation be made to a future Council meeting on the outcomes and

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WORLD HEALTH ORGANISATION DEVELOPING INDICATORS FOR AGE-FRIENDLY CITIES - PILOT PROJECT MEETING cont’d


learning from the project.

OFFICER DECLARATION OF CONFLICT OF INTEREST

Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Lisa Raywood – Manager Health, Aged and Community Planning, has been involved in the preparation of this report and is the Council Officer who it is proposed will be attending the Meeting as Council’s expert representative.

CITY PLAN

This report is in line with Council’s City Plan key direction to “promote and support health and wellbeing”.

BACKGROUND

Last year Banyule City Council was accepted as a member of the Global Network of Age-friendly Cities. Membership to this network supports Councils work in enhancing the lives of older people in Banyule. As part of this work Banyule City Council applied to the World Health Organisation (WHO) to be a test site for their pilot project on “Developing Indicators for Age-friendly Cities”. This project was established to provide the WHO with practical advice and direction on their research in to these indicators. Banyule was one of 13 sites from around the world selected for this project. The other pilot sites included: Bilbao, Spain; Bowdoinham, USA; Dijon, France; Hong Kong SAR, China; La Plata, Argentina; Nairobi, Kenya; New Delhi, India; Shanghai/Jing’an, China; Tehran, Iran; Tuymazy, Russia; Udine, Italy; and Washington DC, USA. The project involves the testing of more than 20 indicators that relate to a range of factors including the physical environment, such as housing and transport; the social environment, such as employment, inclusion and participation; and health.

HUMAN RIGHTS CHARTER

In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in this report. It is considered that the subject matter does not raise any human rights issues.

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WORLD HEALTH ORGANISATION DEVELOPING INDICATORS FOR AGE-FRIENDLY CITIES - PILOT PROJECT MEETING cont’d


DISCUSSION

In March this year Council submitted its written report on this project to the WHO. The final stage of this project is Council’s participation in the pilot site meeting being hosted and funded by the WHO. This meeting will take place on the 10-11 June 2015 in Geneva, Switzerland and the necessary arrangements have been made for officer attendance. The representatives attending are required to be experts on the subject matter and must fully participate throughout the two day meeting. The specific objectives of the meeting are;

To discuss feedback on the usefulness and adaptability of the guide and core indicators

To discuss possible modifications to the guide and core indicators based on the pilot site study results

To facilitate exchange of perspectives and peer-learning among the pilot sites An increasing number of communities worldwide are striving to become more Age-friendly in response to the converging trends of urbanisation and ageing population. This is a valuable opportunity for Banyule City Council to provide input and expertise in shaping the framework that will support Cities around the world in becoming more Age-friendly In accordance with Council policy which requires Council approval for attendance at overseas conferences or events, approval for attendance at the WHO meeting in Geneva is being sought.

FUNDING IMPLICATIONS

Banyule’s participation in the pilot project meeting is required as part of the project outline and the WHO is providing the necessary funding for one Banyule Council officer to attend. It is proposed that Council send Lisa Raywood, Manager Health, Aged and Community Planning as its expert representative. Council’s contribution will be by way of supporting the Officer’s attendance at the global meeting.

CONCLUSION

Banyule City Council has been invited to represent Australia at the World Health Organisation’s global meeting on developing indicators for Age-friendly Cities. The outcomes of this meeting will support Banyule and other cities around the world in becoming more Age-friendly. Attendance at this meeting will place Council in a very strong position to provide a clear outline of both the Banyule and Australian Age-friendly context and will ensure sound outcomes for the WHO project. The outcomes and the learnings from the WHO global meeting will be reported back to Council.

ATTACHMENTS

Nil

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2.2 COMMUNITY BUSES REVIEW Author: Darren Bennett - Manager Leisure, Recreation & Culture, Community

Programs

File: 2014/5968

EXECUTIVE SUMMARY

Council has two community buses available for community groups to hire within the municipality. Hire usage has dropped significantly in recent years which has led to the review of the service and the viability of Council continuing to operate the community bus hire service. Both buses are hired on average twice per month. In the current financial year there have been a total of thirty – eight (38) bookings to date which is expected to generate approximately $5,000 of income. Over the last nine years, the demand for the service has decreased by approximately 50% and the net cost of the service to Council has increased. The average unit cost to Council per hire has risen from $288 in 2012/13 to $830 in 2014/15. The net cost to Council for the delivery of this service for 2014/15 is forecast to be $31,518. Benchmarking comparison between commercial bus hire operators and Council’s community buses hire service indicates that the cost difference is minimal and the community has affordable options available for similar services. It is therefore being recommended that Council cease the operation of the community bus hire service as from the end of the 2014/15 financial year.

RECOMMENDATION

That Council: 1. Cease the community bus hire service from 1 July 2015. 2. Officers contact the one external organisation that has four existing bookings in

2015/16 and pay any cost difference between Council’s community bus fees and commercial bus hire operators fees.


Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. The Council officers involved in the preparation of this report have no conflict of interest in this matter.

CITY PLAN

This report is in line with Council’s City Plan key direction to “provide responsible financial management and business planning processes”.

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COMMUNITY BUSES REVIEW cont’d


BACKGROUND

Council’s current fleet includes five buses. Three of these buses are managed and operated by HACC Services for the Social Support programs used for daily pick up and drop home of Social Support Centres clients. The other two buses, the subject of this report, are housed at the Rosanna office customer car park, available for hire by community organisations and managed by the Leisure, Recreation & Cultural Services Department.

In the past Community Groups hired the buses on a regular basis however in recent times, use has dropped significantly. Transport Safety Victoria now requires all hirers to have a Register Operators Number (RO #) for them to use the Community Bus. Officers are finding that fewer groups are booking the bus as this extra step to apply to Transport Safety Victoria for an RO # is deterring casual one off bookings.


In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in this report. It is considered that the subject matter does not raise any human rights issues given the cost difference between commercial bus hire operators and Council’s buses hire service is minimal and the community has affordable options available for similar services

CURRENT SITUATION

There are two buses available for hire:

A 12 seater bus - UPH 003

An 11 seater bus - UPH 004 (This bus is also able to be converted to a 6 x seater with 2 x wheel chairs spaces and also has a wheelchair hoist).

Bus UPH003 has approximately 50% higher use and therefore generates a greater level of income. The higher use is reportedly due to the extra seating available and having a tow bar which is important for sporting groups or school groups who take the bus away for weekend tournaments or camps during the week. The wheel chair hoist in bus UPH 004 impacts rear visibility and inexperienced drivers find the bus difficult to drive. While this bus does offer greater accessibility and provides for a wider diversity of use, the bus has fewer seats than UPH 003 and attracts less hires. Both buses are hired on average twice per month. Over the past 12 months, the biggest user category has been internal hires. There have only been two external bookings for the buses which were linked to programs subsidised by Council as a part of a Facility Access Grant in the early 2014/2015 round. Table A in Attachment One provides further information in relation to the number of hires for each bus, the breakdown between hires and the total income each bus has generated over the last three years. The 2006/07 revenue from the buses was just under $20,000 while the 2014/15 forecast estimates revenue below $5,000. Operating costs in 2006/07 was just under $30,000 compared to operating cost today of $36,000. Table B in Attachment One

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provides the detail of income and expenditure over the last nine years and indicates the net cost of the service to Council has tripled since 2006/07. Table C in Attachment One indicates that the average unit cost to Council per hire has risen from $288 in 2012/13 to $830 in 2014/15. There are currently seven bookings for 2015/16, three of these bookings are internal Council area and the other four booking are with one external organisation. Over the last six years the buses have been involved in twelve (12) major accidents and a number of minor incidents. Most of the minor incidents e.g. scratches, dints and vandalism are occurring in the Rosanna office car park when the buses are not being hired. If the service is to continue, a more secure storage facility should also be a consideration. Due to the nature of these accidents and the increasing insurance cost for Council, a decision was made in 2013/14 to only hire the buses to Community groups for specific usage, thereby limiting Councils depreciation costs and exposure to insurance claims. While this decision has reduced Council’s risk, it has also limited the potential revenue generation. Below are examples of allowable usage:

Group: Example: Type of Use:

Community Group Yarra Plenty Library Service use and

Outings

Community Sporting

Groups

Basketball Club Tournament

Community Group Montmorency Secondary

College

School Camp

The buses are only allowed to be driven in Victoria and buses are not permitted to enter undercover car parks.

CONSULTATION

Neighbouring municipalities offer a community bus hire services with similar model buses, however these services are increasingly under review due to risks management , insurance issues and escalating operating costs. A summary of the services in neighbouring municipalities is included in the table below.

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Council Number of Buses

Type of Use Permitted

Whittlesea Council 2 Buses Community Use – (100km from Epping)

Darebin Council 1 Bus Community Use

Hume Council 5 Buses (HACC)

Community Use - Only hire out on weekend and after hours

Nillumbik Council 1 Bus Community Use - Araluen hire the bus out on behalf of Nillumbik

Manningham Council

1 Bus Community Use

Council’s bus fees are on the lower end of the scale when compared to the commercial suppliers. Council have retained a low bus hire fee since 2011-12 to promote use of the service and ensure the service is affordable for all community groups.

DISCUSSION

The table below outlines the comparison between commercial bus hire operators and Council buses.

Comparison Budget Avis Hertz BCC

Hire Fee per Day $178.99 $140.56 $110.72 $92.50

Max Km .30c per km over the 200km

.29c per km over 150km

Unlimited N/A

extra $30 per day to reduce the standard excess

$570.00 $1,150.00 $550.00 N/A

Standard Insurance Excess

$3,300.00 $5,000.00 $3,300.00 $500.00

Location Preston Preston Preston Rosanna

Note: Comparison of hire for a 12 seater bus. The table indicates that the cost difference is minimal when compared with some providers and the community has affordable options available for similar services.

FINANCIAL CONSIDERATIONS

Should Council cease operation of the bus hire service it will no longer require the buses and would need to dispose of the two excess buses. Council’s practice in regard to disposing of excess fleet vehicles is based on the principle of gaining the best value from the surplus asset which usually involves going to auction through a motor vehicle auction house. On occasions Council has considered a request from a

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third party to purchase the vehicle prior to auction. Where a third party expresses an interest in the asset, Council will seek three independent valuations from suitably qualified organisations and offer the asset for purchase based on the highest valuation. The income from sales of fleet is used in the budgeting of the fleet replacement budget and the objective is to maximise the return for Council to reduce costs.

TIMELINES

It is proposed that the community bus hire service will not be available from 1 July 2015. Officers will contact all existing bookings for the 2015/16 financial year and will pay the cost difference between Council’s bus hire service and the commercial bus hire service. There is only one organisation that currently has four bookings in 2015/16.

CONCLUSION

The cost to deliver this service has increased significantly over the past eight years and demand for the service has decreased. Benchmarking comparisons between commercial providers and the Council bus hire services indicates that affordable options are available for similar services. A cost benefit analysis of the service indicates that Council should consider ceasing the service and dispose of the two excess buses.

ATTACHMENTS

No. Title Page

1 Financial Analysis 100

4.1

Place – Sustainable Amenity and Built Environment


4.1 NOTICE OF INTENTION TO DECLARE A SPECIAL RATE - BELL STREET MALL

Author: Nicole Maslin - Economic Development Officer, City Development

Ward: Olympia

File: F2104/1858

EXECUTIVE SUMMARY

The Bell Street Mall is one of eleven retail centres located in Banyule that benefits from a special rate or charge program that enables shopping strips and the businesses located within them to strategically plan, market and manage as a collective group. Operating since 1992 over a number of schemes, the Bell Street Mall’s current 5 year program is set to expire on 30 June 2015. Accordingly, Council has received formal correspondence from the Bell Street Mall Traders’ Association requesting that Council declare by way of renewal, a scheme for a period of five years raising $55,000 annually. The Traders’ Association further requests Council’s continued support under its Special Rate and Charge Policy by way of a capped Council contributory amount of $50,000 per annum to supplement the amount raised by the proposed scheme. The City of Banyule’s approach to activity centre special rate and charge schemes remains lauded nationally as a benchmark economic development initiative. Special rate and charge schemes are important to the ongoing viability of local centres that contribute significantly to the economic, social and cultural well-being of the Banyule community. Directly and indirectly, it is considered that the viability of the Bell Street Mall, as a commercial and retail precinct will be further enhanced through increased economic activity facilitated by a renewed special rate scheme that will enable: 1. Continued collective marketing and promotion of the shopping centre as a

whole, which will assist to create a greater awareness and profile of the area, including what it has to offer to the community and its customers;

2. All businesses to benefit from the continuation of a resourced traders’ association that coordinates the daily management of activities and drives the overall strategic direction of the centre with the support of Council; and

3. Enhanced property values and improved use, enjoyment, occupation of properties and overall business goodwill within the centre.

This report presents the first statutory requirement in facilitating a renewed scheme and details the official notice of intention, background and consultative engagement that forms part of the robust assessment process before Council decides whether or not to support the establishment of the scheme in August 2015.

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NOTICE OF INTENTION TO DECLARE A SPECIAL RATE - BELL STREET MALL cont’d


RECOMMENDATION

That Council: 1. Notes the letter received from the Bell Street Mall Traders’ Association

Incorporated (Traders’ Association) requesting the reintroduction of a Special Rate for the Bell Street Mall (Shopping Centre) and the initial letter sent by Council to the owners and occupiers of the properties included in the Shopping Centre proposing the reintroduction of a Special Rate in the form of the attachments to this resolution (being Attachments 1 and 4 respectively) and, having otherwise considered all relevant matters, commences the statutory process under the Local Government Act 1989 (Act) to reintroduce a Special Rate to and for the properties within the defined Shopping Centre. This Special Rate to raise an amount of $55,000 per annum for a period of five years, commencing on 1 July 2015 and ending on 30 June 2020

2. Acting in accordance with sections 163(1A) and 163B(3) of the Act, directs

that public notice be given in “The Weekly Review- Ivanhoe and Diamond Valley ” newspaper of the intention of Council to declare at its ordinary meeting to be held on 3 August, 2015 in accordance with the proposed declaration of Special Rate in the form of the attachment to this resolution (being Attachment 2) (Proposed Declaration of Special Rate), such Special Rate to be for the purposes of defraying expenses to be incurred by Council in providing funds to the incorporated body known and operating as the Bell Street Mall Traders’ Association Incorporated, which funds, administratively only and subject always to the approval, direction and control of Council, are to be used for the purposes of contracted support, promotional, advertising, marketing, business development and other incidental expenses as approved by and agreed to from time to time between Council and the Traders’ Association, all of which are associated with the encouragement of commerce, retail, and professional activity and employment in the Shopping Centre.

3. Directs that, in accordance with section 163(1C) of the Act, separate letters

enclosing a copy of the public notice are to be sent to the owners and the occupiers of the properties referred to and set out in the listing of rateable properties set out in Schedule 2 to the Proposed Declaration of Special Rate, advising of the intention of Council to declare the Special Rate at its ordinary meeting to be held on 3 August 2015, the amount for which the property owner or the occupier (being a person who as a condition of a lease under which the person who occupies the property is required to pay the Special Rate) will be liable, the basis of the calculation and distribution of the Special Rate and notifying such persons that submissions and/or objections in writing in relation to the Proposed Declaration of Special Rate will be considered and/or taken into account by Council in accordance with sections 163A, 163B and 223 of the Act.

4. Advises the Traders’ Association of the matters specified in paragraphs 1, 2 and 3 of this resolution.

5. Notes the funding implications of the Special Rate and further, that these will be considered as a part of Council’s 2015/2016 to 2019/2020 Capital Works Budgets.

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6. Authorises the Council’s Director of City Development or the person for the

time being acting in that position –

(a) to carry out any and all other administrative procedures necessary to enable Council to carry out its functions under section 163A and section 163(1A), (1B) and (1C) and sections 163B and 223 of the Act; and

(b) to prepare a funding agreement between Council and the Traders’

Association to formalise the administrative operations of the Special Rate, such agreement being to ensure that at all times, and as a precondition to the payment of any funds by Council to the Traders’ Association, Council is, and remains, legally responsible for approving, directing and controlling the expenditure of the proceeds of the Special Rate in accordance with its obligations under the Local Government Act 1989 to do so.

7. Directs that the agreement specified in paragraph 6(b) of this resolution is to

be subsequently submitted to Council for approval and sealing before the proceeds of the Special Rate, or any part of them, are paid to the Traders’ Association for the purposes for which the Special Rate has been made.


Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter.

CITY PLAN

This report is in line with Council’s City Plan key direction to “support thriving commercial and retail activity”.

BACKGROUND

The Local Government Act 1989 enables Council to levy a Special Rate on properties within a defined area if it considers that the land in that area will receive a ‘special benefit’ from the expenditure of the funds raised in accordance with the functions of Council.

A Special Rate Scheme has operated in the Bell Street Mall since 1992. The current Special Rate Scheme is a 5 year program that expires on 30 June 2015 and raises $50,000 per annum. This amount has been matched by Council in each year, providing a total annual budget of $100,000. This amount (as a combined sum) has been used for the purposes of marketing, event delivery, business development and beautification of the Bell Street Mall.

Council’s matched contribution (not the Special Rate component) over this time has also gone towards the cost of streetscape improvement, maintenance and other non-

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marketing and business development activities to enhance the physical environment and amenity of The Mall.

Council has received a written request from the Bell Street Mall Traders’ Association (Traders’ Association) to re-introduce a Special Rate Scheme for the Bell Street Mall (Special Rate or Scheme) (refer Attachment 1). The letter received from the Traders’ Association requests that the new Scheme operate over a five year period, commencing on 1 July 2015 and ending on 30 June 2020. Additionally, the letter requests that Council increase the levy by $5,000 to raise $55,000 annually. This moderate increase in budget reflects increasing costs of services and inflation.



LEGAL CONSIDERATION

Council requires the Bell Street Mall Traders’ Association (an incorporated association) to have a high level of financial and management accountability of funds. This includes certain requirements identified in the funding agreement and documentation that must be submitted to Council including;

quarterly reports

budget and audited financial report at the conclusion of each financial year

full minutes and reports of Annual General Meetings Council will ensure that, under the funding agreement, the proceeds of the Special Rate are expended by the Bell Street Mall Traders’ Association on behalf of the Council in an administrative capacity only. Council is and remains, legally responsible for approving, directing and controlling the expenditure of the proceeds of the Special Rate in accordance with its obligations under the Local Government Act 1989


The Bell Street Mall Traders’ Association has requested that the proposed Scheme raise an amount of $55,000. Accordingly, based on a total of 67 properties included in the Scheme, it is proposed each property will be levied a Special Rate based on the Capital Improved Value of each property multiplied by an amount of 0.0019031163. The scheme is further bound by a base amount payable of $350 and a ceiling amount of $2,000 per annum. The proposed Scheme will raise an amount of $55,000 in each year over a period of five years, providing a total levy of $275,000 over the period of the Scheme. The existing scheme raises $50,000 with a minimum per property contribution of $300 and a maximum amount of $2,000. The proposed increase to a $350 minimum amount payable will provide a more equitable spread of the additional $5,000 to be raised each year.

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There is a strong expectation from the traders and the business operators located in the Bell Street Mall that Council will continue to contribute additional funding to the amounts raised through the Special Rate. Council’s contributions have allowed The Bell Street Mall to address many of the physical development, maintenance and amenity issues that the Special Rate proceeds cannot be expended on. For example, Council’s contribution can be used for:

physical works;

maintenance;

infrastructure; and

beautification. This approach to funding ensures a strategic and integrated approach, which addresses not only the marketing of the shopping centre, but also the physical and social environment, which is critical to the viability of our retail centres. Council resolved on 23 April 2012 to cap its contributions at the 2011-12 levels for all of the City of Banyule’s 11 special rate and charge schemes (including the Bell Street Mall). Accordingly, Council’s contribution to the Bell Street Mall Special Rate Scheme renewal will remain at $50,000 per annum for the life of the scheme. The continuation of Council’s funding contribution to the Scheme is included in the draft 2015-2016 Capital Works Budget.

CONSULTATION

Council’s Economic Development team continue to working in partnership with the Traders’ Association to review the current Scheme program and to develop future priorities. As a part of this process, traders and business operators (as occupiers) and owners of properties included in the Scheme have been: Invited to a meeting of the Traders’ Association on 11 March 2015 to discuss ideas and priorities for the future; Provided with a survey in order to give feedback and opinions on past marketing and management activities and suggested activities for the future (this feedback had been considered in developing future activities and priorities for the business plan (refer Attachment 3)); Provided correspondence from Council informing them of the request of the Traders’ Association for Council to renew the Special Rate Scheme (refer Attachment 4); and Provided with opportunities for input into the preparation of a business plan. Key directions of the Bell Street Mall Business Plan include: Marketing

Establish the image and identity required for the Centre to achieve its vision / branding through signage improvements, advertising and improved events with consistent family friendly themes and branding.

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Establish and improve the Centre’s profile and exposure within surrounding areas to encourage people who don’t normally come to the Bell Street Mall, to shop there and continue shopping there.

Investigate introducing more market events in the centre.

Investigate attracting and applying for additional funding by way of grants from all levels of government and relevant organisations.

Business Development

Investigate ways to encourage outside trading, including extending footpath trading policies.

To maintain and improve the street space, constant management of trees, graffiti, public art and seating provisions are required to maintain the centre’s welcoming and physical attraction.

Encourage landlords and tenants to update and maintain shop facades and buildings.

Management & Communication

Maintain the integrated approach of traders association, council, landlords, business owners, state agencies, local groups and the community working together to improve and promote the Mall.

Manage stakeholder expectations.

Establish clear lines of communication and more effectively use the Bell Street Mall website for communication amongst traders and the community.

Community Development

Develop partnerships within the community to maximise resources, understand needs and develop programs that build community pride, ownership and engagement with the Mall.

Investigate the possibility of making the Bell St Mall, Melbourne’s 9th Cultural Precinct, such as Atherton Mall in Oakleigh (Greek Cultural Precinct)

The development of a business plan for the Bell Street Mall to guide the expenditure of the Special Rate funds is identified in Council’s Marketing and Management Guidelines and is a requirement set out in the funding agreement between Council and the Traders’ Association.

The funding agreement states that the Traders’ Association cannot receive any Special Rate payments from Council until a final business plan is submitted to Council’s Economic Development Unit. Subject to Council noting, the business plan developed by the Traders’ Association must articulate that the funds raised by the scheme are to be used in accordance with the purposes that have been approved by Council. Significant deviations from the business plan must involve consultation with Council and any significant changes must seek the written approval of Council. To declare a Special Rate Scheme, Council is required to comply with the statutory process under the Local Government Act 1989. The statutory process provides the community with the opportunity to make a submission and/or an objection to the Council on the proposed Scheme. Council will consider any submissions and take into account any objections in accordance with the Local Government Act 1989 prior to making a final decision with respect to the declaration of a Special Rate Scheme for the Bell Street Mall.

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CONCLUSION

The proposed Special Rate is a positive local economic development initiative, which will continue to provide resources for an ongoing strategic partnership between Council and the Bell Street Mall Traders’ Association. It is considered that all of the retail, commercial and professional services properties and businesses located in the Bell Street Mall will derive a special benefit from the expenditure of the Special Rate proceeds. Directly and indirectly, the viability of the Bell Street Mall, as a commercial, retail and professional services area will be further enhanced through increased economic activity by:

continued collective marketing and promotion of the shopping centre as a whole, which will assist to create a greater awareness and profile of the area, including what it has to offer to the community and its customers;

all businesses benefiting from the continuation of a traders’ association that coordinates the daily management of activities and drives the overall strategic direction with the support of Council; and

enhanced property values and enhanced use, enjoyment and occupation of the properties and overall business goodwill as the Bell Street Mall will be considered a more desirable location to conduct business.

It is considered further, that the only persons to derive a ‘special benefit’ from the imposition of the proposed Special Rate are those persons who are liable or required to pay the Special Rate whether they be the owners or the occupiers of the land and the commercial and business properties included in the Scheme area (in circumstances where there are no other special benefits or community benefits accruing from the Special Rate).

ATTACHMENTS

No. Title Page

1 Attachment 1 - Request from Association 101

2 Attachment 2 - Proposed Declaration 102

3 Attachment 3 - Survey 108

4 Attachment 4 - Pre Intent Letter 112

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4.2 UPDATE ON THE VISION FOR WATSONIA VILLAGE

Author: Klover Apostola - Strategic Planner, City Development

Ward: Grimshaw

File: F2014/504

EXECUTIVE SUMMARY

Picture Watsonia: A Vision for Watsonia Village, was prepared to give direction to future change at Watsonia’s shopping street, railway station area and surrounds. It was adopted by Council at the 15 December 2014 Council meeting. At the meeting on 15 December 2014, Council also resolved to distribute a concise summary of the adopted vision to all residents in Watsonia and Watsonia North. The summary document, titled A Snapshot of Picture Watsonia, has since been prepared and distributed. It was accompanied by a cover letter from the ward Councillors and the Mayor, highlighting Council’s current initiatives to deliver better services and infrastructure in Watsonia. Council has received some very positive feedback on this correspondence. Residents are pleased to see the work being done to improve the area, and are also enthusiastic about the ideas for the future. Some have also raised new ideas that could be considered in future projects. The feedback has also included support for the provision of a public park in Watsonia Village. The possibility of trialling a temporary road closure at the end of Ibbottson Street to provide temporary park between the Church and the Library, should be further explored in consultation with the local residents.

RECOMMENDATION

That Council: 1. Note the feedback received on the document A Snaphot of Picture Watsonia

and the accompanying letter regarding Council’s improvements to services and infrastructure in Watsonia.

2. Continue to consider how the suggestions made can be incorporated into

existing projects and considered for future budget allocations. 3. Begin consulting with the local residents about the possible temporary closure

of the south west end of Ibbottson street to create a temporary town square.


Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates.

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UPDATE ON THE VISION FOR WATSONIA VILLAGE cont’d


Council officers involved in the preparation of this report have no conflict of interest in this matter.

CITY PLAN

This report is in line with Council’s City Plan key direction to “strengthen local activity and employment areas”.

BACKGROUND

Picture Watsonia: A Vision for Watsonia Village was prepared in response to an initiative in Council’s current City Plan 2013-2017, to give direction to future change at Watsonia’s shopping street, railway station area and surrounds. It was developed in consultation with key stakeholders including local residents, business owners, local Councillors, State Government Agencies, and Government representatives. It includes a vision statement to describe the way the place will look, feel and function in the future. It also provides a list of objectives to inform decisions so that they will achieve the vision, as well as many ideas that could lead to real change in Watsonia Village or protect it’s valued aspects. Picture Watsonia was adopted by Council at the 15 December 2014 Council meeting. At the Council meeting on 15 December 2014, Council also resolved to:

Prepare a concise summary brochure in consultation with the Ward Councillors for the adopted vision to be distributed to all residents in Watsonia & Watsonia North, with final design, printing and distribution within budget.

This summary document, titled A Snapshot of Picture Watsonia, has since been prepared and distributed to residents of Watsonia and Watsonia North. It was accompanied by a cover letter from the Grimshaw and Bakewell Ward Councillors and the Mayor, highlighting the current Council initiatives that are starting to deliver better services and infrastructure in Watsonia including the:

Streetscape upgrades for Watsonia Road that are nearing completion.

Recent completion of enhancements to the Watsonia Library

Construction of a shared bike trail within the power easement currently underway.

A copy of A Snapshot of Picture Watsonia and the cover letter is given in attachment 1.

FEEDBACK ON ‘A SNAPSHOT OF PICTURE WATSONIA’

Council has received some very positive feedback from the community in response to this package of information. The feedback received has also included some new suggestions on how improvements can be made in Watsonia Village. The comments received from local residents included:

Appreciation for the effort that Council is making to improve Watsonia Village.

Agreement with many of the ideas in the complete Picture Watsonia document including the provision of public art, a park, turning the pylons into sculptures, and more tree planting.

Expressions of interest in being involved in the delivery of the vision.

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Additional ideas for the future of the centre including holding a photography competition for local residents, or a mural on an exterior shop wall to deter graffiti.

Concerns about the cleanliness of the public facilities in the centre, library computers, parking provision, and safety conflicts with on street parking spaces and users of the footpath.

The table in attachment 2 gives a more detailed summary of the written feedback received, and Council’s response.



DELIVERING THE VISION

While public consultation for the development of Picture Watsonia has been completed, Council is still interested in hearing ideas from the community on how the area can be improved and the vision can be delivered. Council will continue to prioritise the ideas and develop strategies to implement them as the opportunities arise and resources become available through budget allocations. There may also be ways of incorporating ideas into projects that are already being planned. An example of a current project that has responded to the ideas in Picture Watsonia is the second stage of the streetscape upgrades in Watsonia Road. The design of the streetscape upgrade has responded to the ‘all kinds of green’ objective of Picture Watsonia by including tree planting in the new median strip at the southern end of Watsonia Road. This also helps to improve traffic conditions at the southern end of Watsonia Road. As discussed in the Council report on 15 December 2015, an idea for a future project that has been strongly supported by participants in the development of ‘Picture Watsonia’, is the temporary closure of the south west end of Ibbotson Street. This would not only simplify the roundabout on Watsonia Road and pedestrian access along the street, but would also provide the opportunity to create of a temporary town square in the area between the church and the library. Council can now begin further investigations and consultation with the local residents on this idea, so that the opportunity can be explored in the 2016/17 budget for a transport planning and road remodelling project.

CONCLUSION

Council has started acting on the ideas given in Picture Watsonia: A Vision for Watsonia Village. Recent correspondence with local residents has shown that there is a lot of support for the work being done, and enthusiasm for what could be achieved in the future.

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Council should continue to consider the local residents suggestions so that improvements can continue to be made in Watsonia Village. This could include further exploring the possibility of trialling the temporary closure of the south end of Ibbottson Street to provide a public park, in consultation with the local residents.

ATTACHMENTS

No. Title Page

1 'A Snaphot of Picture Watsonia' and Cover Letter 114

2 Summary of Feedback and Council's Response 122

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4.3 PLANNING PERMIT APPLICATION FOR AN ADDITIONAL 15 ELECTRONIC GAMING MACHINES AND ASSOCIATED BUIDLING AND WORKS AT MONTMORENCY ELTHAM RSL (P1143/2014)

Author: Chris McInnes - Development Planner, City Development

Ward: Hawdon

File: P1143/2014

Previous Items Council on 11 May 2015 (Item 4.5 - Planning Permit Application for an additional 15

Electronic Gaming Machines and associated buidlings and works at Montmorency Eltham RSL (P1143/2014))

Council on 10 November 2014 (Item 2.1 - Montmorency-Eltham RSL Electronic Gaming Machine increase proposal: Council response to the Victorian Commission for Gaming and Liquor Regulation (VCGLR))

Council on 6 May 2013 (Item 5.1 - Montmorency-Eltham RSL - Electronic Gaming Machines)

EXECUTIVE SUMMARY

A Planning Permit application has been lodged to allow the placement of an additional 15 Electronic Gaming Machines to the Montmorency-Eltham RSL, associated building and works to create space for these additional machines, as well as new office and administration areas and other internal reconfiguration and renovation works. The increase in floor area also necessitated that this application is also for a the provision of car parking to the satisfaction of Council, with an additional two car parking spaces which are proposed to be provided following reconfiguration of three existing parallel car parking spaces opposite the premises. Council has been made aware of the applicant’s intention to apply for an increase in the number of permitted Electronic Gaming Machines on the site since 2013, and the lodgement of this planning application follows approval for this increase from the Victorian Commission for Gambling and Liquor Regulation (VCGLR) on 23 December 2014. As Council owns the land upon which the premises are located, any variation to the number of Electronic Gaming Machines permitted on the premises would also require a variation to the Council lease to the RSL. Issues requiring consideration include the appropriateness of placing additional Electronic Gaming Machines at the premises, the impact of the proposed building and works, and any parking and traffic issues that could arise as a result of the proposal. Approval is recommended.

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PLANNING PERMIT APPLICATION FOR AN ADDITIONAL 15 ELECTRONIC GAMING MACHINES AND ASSOCIATED BUIDLING AND WORKS AT MONTMORENCY ELTHAM RSL (P1143/2014) cont’d


RECOMMENDATION

PART A

That Council having complied with Section 52, 58, 60, 61 and 62 of the Planning and Environment Act 1987, resolves that a Notice of Decision to Grant a Planning Permit be issued in respect of Application No. P1143/2014 for the development of the land for the construction of a ground and upper floor extension to an existing restricted place of assembly, extension of an existing licensed liquor area, installation and use of an additional fifteen (15) electronic gaming machines and provision of car parking to the satisfaction of the Responsible Authority pursuant to Clauses 36.02, 52.06, 52.27 and 52.28 of the Banyule Planning Scheme at 12-24 Mountain View Road MONTMORENCY subject to the following conditions:

Plans 1. Before the use and development permitted by this permit starts, amended

plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the advertised plans submitted with the application but modified to show:

(a) Landscaping as required by Condition 2 of this permit;

(b) Landscape and tree zones to be clearly marked with hatching, colour coding or similar and distinguished from useable open space areas;

(c) A plan notation indicating that no building works or facilities are to be provided within the dedicated landscape areas;

(d) Engineering plans showing a properly prepared design with computations for the internal drainage and method for of disposal of stormwater from all roofed areas and sealed areas to the satisfaction of the Responsible Authority; and

(e) All sustainable design features indicated in the submitted Sustainable Design Assessment (SDA). Where sustainable design features outlined in the SDA cannot be visually shown, include a notes table providing details of the requirements (i.e. energy and water efficiency ratings for heating/cooling systems and plumbing fittings and fixtures, etc).

2. The development permitted by this permit must not be commenced until a satisfactory detailed landscaping plan is submitted to and approved by the Responsible Authority. Such plan must be prepared by a person suitably qualified or experienced in landscape design and shall include:

(a) The identification of existing vegetation (which is not intended to be removed), and nomination of vegetation for removal throughout the site;

(b) Provision of formed garden beds with edging around the landscape zone within the front setback to prevent cars parking within those areas

(c) A plan notation indicating that no building works or facilities are to be

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provided within the dedicated landscape areas;

(d) An indigenous and/or drought tolerant planting theme;

(e) A schedule of all proposed trees, shrubs and ground cover, which includes the location and size at maturity of all plants, the botanical names of such plants and the location of all areas to be covered by grass, lawn or other surface material as specified;

(f) Location and details of paving, steps, retaining walls, water tanks, clotheslines, fence design details and other landscape works including cut and fill.

General 3. 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

4. The use or development permitted by this permit must not, in the opinion of the Responsible Authority, adversely affect the amenity of the locality by reason of the processes carried on; the transportation of materials, goods or commodities to or from the subject land; the appearance of any buildings, works or materials; the emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, or oil; the presence of vermin, or otherwise.

5. Noise emissions from any equipment required for refrigeration, air-conditioning,

heating, ventilation and the like must comply with State environment Protection Policy (Control of Noise from Commerce, Industry and Trade) No N-1 and/or Environment Protection (Residential Noise) Regulations 1997 and/or Environmental Protection Authority Noise Control Guidelines TG 302/92, whichever is deemed to be appropriate by the Responsible Authority.

Urban Design / External Appearance 6. All external materials, finishes and paint colours are to be to the satisfaction of

the Responsible Authority. Tree Protection / Landscaping 7. Except with the further written consent of the Responsible Authority, no

vegetation (other than that indicated on the endorsed plan, or exempt from planning permission under the provisions of the Banyule Planning Scheme) shall be damaged, removed, destroyed or lopped.

Time Limits 8. In accordance with section 68 of the Planning and Environment Act 1987, this

permit will expire if one of the following circumstances applies:

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

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(b) 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) Expiry of Permit In the event that this permit expires or the subject land is proposed to be used

or developed for purposes different from those for which this permit is granted, there is no guarantee that a new permit will be granted. If a permit is granted then the permit conditions may vary from those included on this permit having regard to changes that might occur to circumstances, planning scheme provisions or policy.

(B) Building Permit Required Building Permit must be obtained prior to the commencement of any works

associated with the proposed development.

(C) Building over Easements No structure shall be built over any easement on the subject land except with

the consent of the relevant Responsible Authority.

(D) Memorandum of Consent for Works Council’s Construction Department must supervise all works undertaken on

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

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

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

Asset Inspection Fee (E) 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

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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; and

PART B That Council agrees ‘in principle’ to an amendment to the lease for the Council owned land occupied by the Montmorency-Eltham RSL to allow for an increase in Electronic Gaming Machines to fifty (50) subject to securing appropriate lease clauses in relation to the community benefit initiatives to be provided by the RSL.

Planning Permit Application:

P1143/2014

Development Planner: Chris McInnes

Address: 12-24 Mountain View Road MONTMORENCY

Proposal: Development of the land for the construction of a ground and upper floor extension to an existing restricted place of assembly, extension of an existing licensed liquor area, installation and use of an additional fifteen (15) electronic gaming machines and provision of car parking to the satisfaction of the Responsible Authority pursuant to Clauses 36.02, 52.06, 52.27 and 52.28 of the Banyule Planning Scheme

Existing Use/Development:

Restricted place of assembly

Applicant: NBA Group Pty Ltd

Zoning: Public Park and Recreation Zone (PPRZ)

Overlays: Design and Development Overlay, Schedule 8 (DDO8)

Environmental Significance Overlay, Schedule 4 (ESO4)

Vegetation Protection Overlay, Schedule 1 (VPO1)

Notification (Advertising): Public notification of the proposal carried out by way of:

The mailing of notices to adjoining property owners and occupiers;

The placement of notice boards at all entrances to the site as well as at the entrance to the premises for a 3 weeks period; and

The placement of a public notice in the Diamond Valley Leader on 11 March 2015.

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Objections Received: Four (4) objections received

Ward: Hawdon

PROPOSAL

It is proposed to install an additional fifteen (15) Electronic Gaming Machines (EGMs) into an existing gaming area within the Montmorency-Eltham RSL, which is located within the ground of Petrie Park on Mountain View Road, Montmorency. The building is located on land leased to the RSL by Council. There are currently 35 EGMs on the premises, with this application proposing the installation of an additional 15 machines, bringing the total number of EGMs up to 50.

In order to create space for the additional EGMs it is also proposed to extend the existing building on both the ground and upper level, however the outward components of the extension works would be minor and would encroach only into existing garden areas in the vicinity of the north-west corner of the building. A new 77 square metre upper level balcony area is proposed, which would face north east into Petrie Park, extending from above the entrance to the ground floor to the north-west corner of the building. The external works will result in an overall floor area expansion of 67.5 square metres. Internal works will comprise of a new internal staircase, relocated office and administrative areas, the expanded gaming area, as well as other minor internal reconfiguration and renovation works. These works in turn mean that it is necessary to extend the licensed liquor and gaming areas, otherwise known as the red line and green line areas.

It is also proposed to provide five new formed 45° parking bays opposite the premises by reconfiguring the existing informal parallel parking bays opposite the entrance to the building on the other side of the main driveway into Petrie Park. The reconfiguration would involve the installation of a new retaining wall and result in a loss of park area of approximately 38 square metres on a sloping section of the park. These new parking spaces would be available to all park users, and not just to patrons of the RSL. Despite the creation of these new parking spaces, the increase in usable floor area as part of this proposal still requires Council to consider car parking requirements pursuant to Clause 52.06 of the Banyule Planning Scheme.



BACKGROUND/HISTORY

The building was originally constructed by the former Montmorency RSL Sub-Branch Inc. in the 1960’s and has been renovated and extended on a number of occasions since that time. The building has a floor area of approximately 445 square metres in total, which includes a gaming area, bistro, offices, kitchen and amenities. Montmorency-Eltham RSL is an approved gaming venue with a total of 35 machines within the restricted gaming area. A Full Club Liquor Licence is in place.

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During the past few years, a number of smaller RSL clubs in Victoria have been experiencing financial hardship, resulting in some closures and mergers. The former Eltham RSL, which was located in the neighbouring municipality of Nillumbik, closed in 2010, resulting in a majority of the members transferring to Montmorency, along with a number of associated sporting clubs, and the re-naming of the Montmorency club to reflect this change. The Heidelberg RSL closed in January 2013, and this club had previously operated 25 EGMs. In March 2013 the Montmorency-Eltham RSL committee agreed to secure the entitlements for 15 of these machines, subject to the approval sought from the VCGLR and Council. The RSL building is located on Council-owned land. A ground lease has been in place for many years, firstly with the former Shire of Eltham and with Council. A new ten year lease was signed between Council and the Montmorency-Eltham RSL in 2014. Any changes to the number of EGMs being operated by the Club will require a variation to the lease agreement to be made. Council has been aware of the RSL’s intentions to increase the number of EGMs and undertake renovation works since mid-2013. Several meetings have occurred where the RSL was advised that Council required a Social Economic Impact Assessment to understand the specifics of their plans, and thus make an informed decision regarding whether their proposals provide a net community benefit. On 6 May 2013 Council considered a report and resolved as follows:

Council advise the Montmorency-Eltham RSL that the proposal for increased gaming machines will be considered having regard to the Council policy and the detailed submissions prepared by the RSL and any community feedback before a final Council position is reached.

As a planning permit is also required for both the renovations and the increase in EGMs, the RSL was advised to conduct a Social and Economic Impact Assessment and lodge a planning permit application to enable the detailed assessment of their application to occur together with community consultation. However, rather than lodging the planning application for their renovation and the Social Economic Impact Assessment to Council, the Montmorency-Eltham RSL instead lodged an application to the VCGLR, which triggered a very short timeframe in which Council had to respond. As a result, on 11 November 2014 Council resolved to endorse a submission to the Victorian Commission for Gaming and Liquor raising initial concern with the additional gaming machines and also resolving as follows:

“1. Note the continuing nature of the planning permit application for the renovation and EGM increase and that this process will be used to clarify and confirm Council’s position regarding the proposed renovation and EGM increase; and 2. Further note the continuing nature of the Master Plan being developed for Petrie Park and Rattray Reserve.”

The written submission was subsequently submitted to the VCGLR, and Council Officers attended the subsequent hearing on 2 December 2014. A decision was handed down by the VCGLR on 23 December 2014 that the application be granted.

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A report assessing the current planning permit application was then submitted to Council on 11 May 2015 but was subsequently deferred to ensure that further consideration of the social impacts of the proposal and Council’s position as the land owner is included within this report.

Council’s role in considering the proposal

There are a number of approvals that the RSL must obtain before any additional EGMs can be installed. Approval is required from the VCGLR and although the VCGLR approval has now been obtained, a separate assessment of the current planning permit application having regard to the relevant planning controls must be undertaken. In this regard, Council is acting as the “Responsible Authority” and may form a different view to that taken by the VCGLR. Any decision made by Council on the planning permit application is potentially subject to an appeal at the Victorian Civil and Administrative Tribunal (VCAT). VCAT could form a different view on the proposal to Council. However, Council is also the owner of the land and has the ability to form a view on whether the lease to the RSL should be amended to allow the additional EGMs. In effect, Council has the final say on whether the proposal to allow the additional EGMs proceeds. Whilst Council must form a view on the planning application having regard to the relevant planning controls it is not bound by the same controls when considering the amendment to the lease. In other words, Council may approve the planning permit application but place a higher threshold on social issues beyond the planning scheme and refuse to amend the lease to allow the additional EGMs. Given that this report now includes a wider review of the social issues it is reasonable to indicate to the RSL now whether Council is likely to support amendments to the lease in addition to the decision on the planning application.

Overview of Gambling in Banyule

There are currently 11 venues operating a total of 651 EGMs within Banyule. In 2011/12 nearly $58 million was lost on EGMs by the community in Banyule. This equates to $581 for every adult in Banyule, which is close to the Victorian average. The Montmorency-Eltham RSL currently operates 35 of these EGMs and takes more than $1.4 million per year from the community. The current proposal is based on the RSL’s view that they require more than $2 million losses per year from the community to assist in their operations. The Heidelberg RSL closed in January 2013, and had previously operated 25 EGMs. In March 2013 the Montmorency-Eltham RSL committee agreed to secure the entitlements for 15 of the 25 EGMs held by the Heidelberg RSL (subject to the approval sought from the VCGLR and Council). Whilst the Montmorency proposal represents an overall decrease in the municipality of 10 machines (i.e. only 15 of the 25 Heidelberg RSL EGMs) – it will be an increase of 15 within Montmorency. In addition, it is noted that the EGMs at Montmorency take a higher loss from the community per machine than the EGMs at Heidelberg. Heidelberg’s 25 machines resulted in losses of $353,563 for the year (an average of $14,143 per machine). The Montmorency-Eltham RSL estimates once installed in their premises, these 15 EGMs will generate $43,577 per machine. Thus the additional 15 EGMs will generate $653,655, taking the total losses from the community to more than $2 million per year at the Montmorency-Eltham RSL.

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In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in this report. It is considered that the subject matter does raise issues relating to the Charter, specifically “the right to protection of families and children”. This right includes matters which impact and affect the welfare of children within the family, and there has been much debate and research into the effects of EGMs and gambling on the welfare of families and children. The consideration is particularly relevant to Council’s role as the land owner which is in addition to the role as Responsible Planning Authority.

SUBJECT SITE AND SURROUNDING AREA

The Montmorency-Eltham RSL operates from a building centrally located on the Council-owned land known as Petrie Park, located at 12-28 Mountain View Road Montmorency, and identified on the locality plan in Figure 1 below. In addition to the Club, there are a number of other buildings and uses contained within the Park including a Community Hall, Scout Hall, Pidgeon Club, Bowls Club, playground equipment and a sporting oval. There are 146 car spaces within the park, of which 133 (91%) are unrestricted.

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Figure 1 – Locality Plan showing the location of the Montmorency-Eltham RSL building

PLANNING CONTROLS

The planning controls applicable to the site are outlined in Table 1 below: Table 1: Applicable Planning Controls

Control Clause Permit Triggered

Public Park and Recreation Zone 36.02 Yes

Environmental Significance Overlay – Schedule 4 42.01 No

Vegetation Protection Overlay – Schedule 1 42.02 No

Design and Development Overlay – Schedule 8 43.02 No

Car Parking 52.06 Yes

Licensed Premises 52.27 Yes

Gaming 52.28 Yes

http://www.google.com.au/url?sa=i&rct=j&q=&esrc=s&frm=1&source=images&cd=&cad=rja&uact=8&ved=0CAcQjRw&url=http://vscmaps.wr.usgs.gov/yellowstone/default.aspx&ei=aG5ZVP-hBoKdmwWCp4GICA&bvm=bv.78677474,d.dGY&psig=AFQjCNECvzI6pjThSUM2s5hHTrgatPrHbA&ust=1415233501704256

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POLICIES CONSIDERED Relevant policies considered in the assessment of this proposal are outlined in Table 2 below: Table 2: Relevant Planning Scheme Policy

Policy Clause

State Policy Planning Framework

Settlement 11

Built Environment and Heritage (including sub clauses) 15

Economic Development 17

Transport 18

Infrastructure 19

Local Planning Policy Framework

Land Use 21.04

Built Environment 21.06

Safer Design Policy 22.03

Banyule Electronic Gaming Machine Policy – June 2014 Council adopted its amended Electronic Gaming Machine Policy in June 2014. It was developed in consultation with a range of stakeholders including service providers, law enforcement agencies and members of the community. The Policy adopts a public health approach to gambling and is designed to prevent and/or minimise potential harmful social and economic impacts of gambling. Banyule’s Electronic Gaming Machine Policy 2014 includes a series of statements which explain the Council’s position, expectations and opportunities to collaborate on matters associated with EGMs within and around the municipality. The Policy explains the importance and role of Social and Economic Impact Assessments (SEIA), makes clear Council’s position around its various roles and commits support to the development of implementation guidelines, to help navigate the application process. The SEIA is a critical component to allow both the community and Council to properly understand and assess the expected harms and benefits to the local community from any proposed EGM increase. Approval should only be granted if net community benefits outweigh harm. The policy statements to guide Councils decision making include: 1. Responsible Management of EGM density and reducing gaming losses. 2. Supporting those affected by problem gambling. 3. Increased accountability and partnership in the management of the community

support, benefit and trust funds and agreements. 4. Understanding the social and economic impacts of gaming. 5. Advocacy, advice and action. 6. Contract Management. A full copy of the policy is included as an attachment. Whilst the policy is aimed at guiding Council’s decision making it has not yet undergone a process to include it within the Banyule Planning Scheme and therefore

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is not a formal statutory document for consideration of the planning application. Nonetheless, it clearly outlines the Council approach to considering EGM proposals and is relevant in Council’s role as the land owner when considering whether to amend the lease to allow the EGMs.

PUBLIC NOTIFICATION

The planning permit proposal was advertised by way of direct notices to surrounding properties and more widely within the locality by way of a public notice published in the Diamond Valley Leader on 11 March 2015. A total of four 4 signs were also placed on the site with one sign at each recognised entrance to Petrie Park, and one additional sign outside the entrance to the RSL club between 10 March 2014 and 1 April 2014. As a result of the notification process, four objections have been received (two of which were received outside of the formal public notification period). Grounds of objection include:

Concern the proposal would cause an increase in the amount of waste generated and exacerbate existing amenity issues related to the odour of decomposing food waste emanating from the rubbish bins;

Intoxicated persons leaving Petrie Park and then loitering in surrounding streets, causing damage to public and private property and making excessive noise;

Possible increase in the demand for on-street parking along Mountain View Road, which would have a detrimental impact of local residents;

Concern that additional car parking spaces will result in a loss of available public open space; and

Additional EGMs may exuberate issues surrounding problem gambling, as well as result in lost income for local businesses.

CONSULTATION

A public ‘drop-in’ style information session was held on the RSL premises on the evening of 24 March 2014 so as to allow for local residents to discuss the proposal with the permit applicant and Council Officers. The Ward Councillor was also in attendance at this session. This session was attended by one member of the public, seeking further information and viewing the plans. A consultation meeting was held between the initial two objectors to the application, representatives from the RSL and Council Officers on 21 April 2015, where objectors were given an opportunity to discuss their concerns. The primary concerns raised appear to be longstanding management issues with the RSL and will require further discussions in the future between residents and the RSL. The additional two objections were received after the consultation meeting and as such the objectors were not involved in the meeting.

REFERRAL COMMENTS

Council’s Engineering Services section has reviewed the proposed development and is satisfied that it would result in an acceptable outcome from both a traffic and car parking perspective.

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Council’s Leisure and Culture Section and Social Planning Unit were also notified of the proposal. Leisure and Culture are currently in the midst of preparing a Master Plan for Petrie Park, with a separate consultation process occurring at the same time this planning assessment was being carried out. Concerns have been raised by the Social Planning Unit in regard to the social impact of the proposed additional EGMs as outlined in the report to Council dated 10 November 2014 and subsequent submission to the VCGLR. Some of the initial concerns were addressed during the VCGLR hearing although there is still uncertainty that the full range of benefits offered by the RSL will in fact outweigh community harm. The social impact issues are discussed later in this report and an attachment prepared by the Social Planning Team discussing the harms and benefits of the proposal.

TECHNICAL CONSIDERATION

STATE AND LOCAL PLANNING POLICY FRAMEWORKS (SPPF & LPPF) The proposal is considered to be generally consistent with the relevant provisions of the State and Local Planning Policy Framework. The proposal will have a positive impact on the immediate surrounds through the modernisation of the RSL facility, will not result in the loss of any trees and will result in only a minimal loss of public open space, offset by the provision of some extra car parking spaces. A new balcony component on the RSL building will assist with passive surveillance of the rest of Petrie Park during the evening hours. Extra revenue generated by the additional EGMs will lead to additional community benefits and the possibility of additional employment. However, consideration also needs to be given to the negative aspects of allowing for additional EGMs accessible by the local community, including the possibility that the placement of these additional machines could encourage patrons to gamble to excess or contribute to gambling addictions. It is suggested that the money spent by patrons using the machines could be spent elsewhere in the local economy. The applicant justifies the additional machines partly by the fact that recent closures of two other RSL clubs in the local area has resulted in the removal EGMs within the community, and even when the 15 additional machines which are proposed by this application are taken into account, there has still been a net loss in the number of machines locally available. Further detail about the State and Local Planning Policy Frameworks is included as Attachment 2 to this report. ADDITIONAL ELECTRONIC GAMING MACHINES The application seeks planning permission for the installation and use of an additional 15 Electronic Gaming Machines (EGMs) at the venue and will bring the total number of EGMs at the subject premises from 35 to 50. The applicant claims that the increase in the number of EGMs is necessary in order to make the club sustainable in terms of the total number of EGMs on the premises and taxation implications under the revised Victorian EGM system in operation since 2012. The applicant claims that the increase will ensure the future viability of the club, and in turn its ability to contribute to the local community. Pursuant to Clause 52.28-2 of the

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Banyule Planning Scheme, a planning permit is required to install or use a gaming machine. The purpose of this Clause is stated as being:

To ensure that gaming machines are situated in appropriate locations and premises.

To ensure the social and economic impacts of the location of gaming machines are considered.

To prohibit gaming machines in specified shopping complexes and strip shopping centres.

The decision guidelines provided within this Clause are listed as being:

The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.

The compatibility of the proposal with adjoining and nearby land uses.

The capability of the site to accommodate the proposal

Whether the gaming premises provides a full range of hotel facilities or services to patrons or a full range of club facilities or services to members and patrons

The RSL club is long established in its current position, having been located within Petrie Park since the late 1960’s. A limited number of EGMs were introduced to the club in the mid 1990’s in line with the legalisation which legalised EGMs in Victoria at this time. Two of the purposes of the Public Park and Recreation Zone which the site is zoned are:

To recognise areas for public recreation and open space; and

To provide for commercial uses where appropriate. It is considered that this proposal, which expands an already existing use of the site, is compatible with adjoining and nearby land uses as it provides a facility for the recreation of local residents. Given that gaming is recognised as a legitimate and legal form of entertainment, and is a long established commercial use on this land within a well-managed establishment, it is considered that the additional EGMs are appropriate for this location. The RSL’s Social and Economic Impact Assessment has been submitted, and indicates that the proposal will result in a mild net benefit to the community, given the balance between the amount spent by patrons on gaming and the associated local employment generation, donations made by the Club to the community, and the work of the RSL’s Welfare Officer. It is considered that the site is capable of supporting the increased number of EGMs. The applicant was requested to provide a ‘green line’ plan to show the extent of the gaming area as part of a further information request, and claims that the additional 15 EGMs could be accommodated without expanding the ‘green line’ area. Proposed buildings and works however will extend the premises to allow space for not only the additional machines, but also additional space within this ‘green line’ for the provision of additional lounge areas. It is submitted by the applicant that this additional space will assist in the minimisation of any harm resulting from patrons spending long periods of time within the gaming area, by allowing space to take a break from

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gaming activities, as well as allow for a more spacious atmosphere. As stated elsewhere in this report, it is considered that there is sufficient car parking available to accommodate any increased patronage resulting from the increased number of EGMs, and that recent closures of other gaming venues in the surrounding area result in a net loss of available EGMs locally, even when these additional 15 machines are taken into account. A detailed discussion about the potential benefits and harms of the additional EGMs may have on the community has been prepared by Council’s Social Planning Unit, and has been included as Attachment 3 to this report. On the basis that the proposal involves a suitable renovation, extension and increase in the number of EGMs in a suitable location and without a demonstrable negative net community impact, it is considered that the proposal meets the relevant considerations under the Banyule Planning Scheme. The welfare role pf the RSL, together with their use of the community bus, is an important community benefit. The RSL has stated within the SIEA that it expects to be able to increase the frequency of service of the community bus if this application is approved, due to the expected growth in patronage generated by the increased number of EGMs and updated club facilities. Banyule Electronic Gaming Machine Policy – June 2014 Whilst the recently revised Electronic Gaming Machine Policy is not included in the Banyule Planning Scheme and should not be used to formally guide the planning decision, the principles are relevant for Council consideration and may assist in forming a view as to whether the lease should be amended in Council’s role as the land owner. Understanding the social and economic impacts of additional EGMs is an important principle of the policy. Applicants are required to submit a Social and Economic Impact Assessment (SEIA) to enable an assessment against the EGM Policy. The RSL prepared a SEIA as part of their submission to the VCGLR and has submitted a further version as part of their planning permit application. In short, the SEIA states that the proposal will result in a net community benefit. The primary features of the RSL proposal which they suggest will lead to the benefit include:

The Montmorency-Eltham RSL Sub-Branch has an agreement with Banyule City Council to contribute at least $1,000 for each EGM operating at the venue into the Banyule Montmorency-Eltham Trust. As such, the current minimum contribution of $32,000 will increase by an additional $15,000 should this application be approved.

The additional revenue gained from the machines will enable the venue to increase its existing community contributions and welfare schemes, outweighing any potential negative impacts, including the potential increased risk of problem gambling.

The forecast additional revenue will enable the ongoing support of local sub-branch members and their families, local community groups and members of the surrounding area that utilise the venue. The additional revenue generated by the EGMs will facilitate enhancement of the community and welfare

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services provided directly by the Sub-Branch and present the opportunity to enhanced funding of these programs in the future.

As a result of the additional EGMs and the overall impact they will have throughout the venue, 150 hours of additional employment will be generated by the proposal and the plans that management have in place to grow the business if supported in their application to Council and the VCGLR. The management envisages that these shifts will be filled by a combination of new staff members and existing staff members picking up additional shifts.

There will be a social benefit as a result of the alterations to the venue which will improve the internal amenity allowing for increased patron comfort and enjoyment of the venue.

The planned works to the venue will reinforce the role of gaming being part of an overall social outing, rather than the primary activity of patrons attending the Montmorency-Eltham RSL. Numerous studies show that the main activity combined with gaming is dining. This fact is consistently validated when analysing peak periods of operation in the gaming rooms and bistros of venues offering EGM gaming, where the highest utilisation of EGMs correlates around meal times.

The Banyule Montmorency-Eltham RSL Trust was established in 2011 as a partnership between Banyule City Council and the Montmorency-Eltham RSL for the purpose of providing funds to community groups and not-for-profit organisations through an annual grants scheme. The Trust aims to support local community groups involved in artistic, cultural and philanthropic pursuits and also sporting activities. For 2013 the grant pool for the Banyule Montmorency-Eltham RSL Trust Fund was $26,000. From the pool, lumps sums of up to $10,000 could be offered for minor capital works and up to $5,000 for equipment or program grants. The SEIA claims that the continued expansion of the community contributions programs as a result of the additional EGMs will ensure that there are many positive social impacts throughout the broader Banyule and Nillumbik communities, and that the additional community contributions able to be offered both directly by the venue and through Trust will provide a positive economic impact. It is acknowledged that the Montmorency-Eltham RSL has a long-standing record of providing financial contributions and other forms of community assistance and welfare, and it is considered that there is no reason to doubt claims that much of the additional revenue will be returned to the local economy either through the various community assistance programs, and through additional employment of local residents. In addition, the buildings and works component of the proposal will also generate economic activity during the construction period. However, Council needs to balance these benefits with well-known negative effects that EGMs can have on the community. In the case of this application, Council needs to consider whether approving the 15 additional machines proposed would exacerbate any pre-existing issues. The RSL claims that it has a close working relationship with Banyule Community Health Services, which provides Gambler’s Help within the Banyule area. Services include counselling and financial counselling services, peer connection as well as community education programs and venue support programs. The SEIA states that

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venue management meet regularly with their Gambler's Help, including annual training events and 2-3 other meetings throughout the year. In addition, In July 2013, Banyule Youth Services requested permission from the Montmorency-Eltham RSL Sub-Branch to film a short film at the venue promoting responsible gambling and highlighting the issue of problem gambling in the community. The venue management obliged and assisted the initiative by allowing the crew to use their gaming room for filming purposes and upon completion further promoted the film on their website. A second video was filmed at the venue in conjunction with the Moreland City Council. This video also sought to promote awareness of the 'Quit Pokies' app which is a responsible gambling initiative prepared in partnership with North East Primary Care Partnership, Victorian Local Government Association and the City of Yarra. Banyule’s EGM policy suggests that the number of EGMs in the municipality should be capped, particularly in the areas where community indicators represent higher levels of vulnerability. This does not apply to Montmorency and if the position put by the RSL in regard to the net number of EGMs not increasing due to Heidelberg RSL closing is accepted then the number of machines in Banyule is within the cap. If Eltham RSL closure is included (which is within Nillumbik) then there is no increase in the local area within 5 km’s either. The transfer of machines between venues is not supported by the EGM policy where the potential for a negative social impact is demonstrated. In this case, whilst the extent of benefits outlined in the Social and Economic Impact Assessment may be overstated there is no evidence to conclude that the proposal will lead to an overall net negative social impact. The RSL has a strong relationship with Council and contributes to the Community Benefit Grant Scheme administered by the Council which also meets a key requirement of the policy, and a key community benefit proposed by the RSL as a part of its rationale for the increase in EGMs is to be able to expand its welfare and community role. The commitments of the RSL outlined in the SEIA can be required to be adhered to by the RSL as part of the lease agreement. The venue design has had regard to the EGM policy requirement to clearly define the separate activities including gaming within the premises and an adaptive building construction which can cater for a range of alternative uses in the future. Having regard to the above discussion it is considered that the proposal complies with Council’s Electronic Gaming Machine Policy. BUILDING AND WORKS Buildings and works are proposed as part of this application, which would result in a comparatively minor increase in overall floor area and the building footprint, as well as a new upper level balcony that will look out into the park. There are also other internal renovations proposed including the expanded gaming area as described previously. The proposed works are an extension to an existing building that has been in place for many years. It is considered that the proposed works would have a positive impact on Petrie Park, as it will update the look of the RSL building without resulting

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in the loss of any trees or usable public open space, as the building footprint will only extend into existing garden areas surrounding the building. A detailed landscaping plan can form a condition of any permit issued in order to ensure that the new building is appropriately landscaped upon completion. CAR PARKING IMPLICATIONS There is no specific car parking requirement listed at Clause 52.06 for the existing restricted place of assembly use. As such, car parking provision must be provided to Council's satisfaction. In determining the appropriate provision of spaces, the nearest comparable use is a 'hotel' which Clause 52.06 requires 3.5 spaces to be provided for each 100 square metres of leaseable floor area where a Parking Overlay applies, or 0.4 spaces per patron in other areas. Whilst no parking overlay applies, it is considered that this is a reasonable ratio to apply given the nature of the extension, whereby a relatively small section of the addition is enclosed space available to the public, and the mix of uses proposed renders it difficult to determine the exact number of patrons able to be accommodated within the venue at any one time. With the increase in floor area of 214 square metres to the existing building (including the balcony area), an additional seven car parking spaces would be considered to be appropriate under this ratio. As previously described, two additional parking spaces are proposed. A traffic report prepared by O’Brien Traffic has been provided to support the request for a reduction in parking spaces. The report outlines the following:

The peak operating time of the RSL are generally outside the peak operational times of the reserve, being 10am-2pm and 5pm – 9pm.

Parking survey data collected during peak operating times demonstrated at least 23 spaces available during the day peak, and at least 35 spaces during the evening peak

There is minimal evidence of parking spillage into the surrounding area from the RSL.

There is no expected increase to the patron numbers associated with the RSL after the development.

The site is 400 metres from the Montmorency Railway Station.

The RSL proposes to expand its community bus service, which would pick up and drop off patrons.

Two additional parking spaces are proposed within the reserve car park. It is considered that the car parking provision is acceptable and should be supported for the following reasons:

The proposed increase in floor area is minimal, and the buildings and works component of the application is largely a rearrangement of the existing facilities already available at the venue. As such, it is unlikely that the demand for car parking would increase significantly as a result of the extensions to the building.

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The submitted traffic report prepared by O’Brien Traffic prepared on 18 December 2014 included traffic survey data which indicated that vacant car parking spaces were available within Petrie Park during all survey periods, which were carried out at different times of the day and on different days of the week. However, it should be noted that as this time period is close to Christmas, it is possible some regular activities within the park were not operating.

The premises is located a short walk from the Montmorency Railway Station.

The applicant advises that many patrons tend to arrive in groups sharing the same vehicle.

Peak operating time for the RSL is usually during evening hours, when the demand for car parking for other activities within Petrie Park is minimal.

The RSL plans to use part of the projected increase in revenue from the additional EGMs to expand its community bus service, which would pick up and drop off patrons.

Some additional spaces are proposed to be provided as part of the application. Although the provision of these spaces would result in the loss of approximately 38 square metres of open space, it is important to note that these additional parking spaces would be available to all users of the park at all times, and not just for RSL patrons.

The nature of Petrie Park and its variety of uses at different times of the day and week make it difficult to be able to provide a sufficient amount of off street parking that will accommodate for all park users at all times. Further, the allocation of more of the park for car parking would result in less available open space for park users. There will inevitably be occasions when a number of events being held within the park at the same time will result in overflow parking into surrounding streets. However, it is considered that this is not a regular situation, and needs to be balanced with the need to devote as much of the available space for park facilities as practically possible. It is also considered that such an overflow situation is more likely to occur during day times, when multiple outdoor activities are occurring, whilst patron numbers for the RSL use would normally peak during the early evening when more car parking is usually available. EXTENSION TO LIQUOR LICENCE AREA As a result of the floor area increasing and the reconfiguration of the internal floor plan, it is necessary to apply for an increase to the approved licensed area for liquor consumption and gaming. The applicant has therefore submitted a new ‘red line’ (alcohol) plan as part of the application. There are no proposed alterations to the liquor licence type or the hours of operation. It is considered that the expansion of the licensed area is relatively minor in terms of liquor licensing considerations, and should be supported by Council. The use is long established and the total floor area increase is minimal. The proposed new upstairs deck area looks out over the park and faces away from Residential zoned land toward the Railway line (with some distance between the deck area and the northern residential zoned land) and is unlikely to add significant noise to the current arrangements at the venue.

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OBJECTOR CONCERNS Concerns in relation to car parking have been address above, however comments in relation to the remaining grounds of objection are as follows: Increase in the amount of waste generated An objector has raised concern that approval of the proposal would result in an increase in the amount of kitchen waste generated, exacerbating an existing issue of odours emanating on occasion from outside waste collection bins. These bins are located a significant distance away from the RSL building, to the rear of the Community Hall. The proposal does not include any expansion of existing dining facilities, and whist increased patronage expected to result from the renovated facilities may marginally impact on the amount of waste generated, it is not considered that this amount would be significant. This is an ongoing issue that would occur whether a planning permit had been applied for or not. The RSL has a number of operational measures in place in order to minimise odour from the waste bins including daily emptying, cleaning of the bins and not placing food scraps in the bin until the evening hours. The bin is also locked to ensure that the lid remains closed. Notwithstanding this, the RSL has given Council an undertaking that it will investigate further measures to prevent odours from rubbish bins having a detrimental impact on neighbouring properties, including the possibility of containing the bins in an enclosed shed. Intoxicated persons An objector residing on Mountain View Road has stated that there has been long term issues related to intoxicated persons exiting Petrie Park late at night and causing excessive noise and damaging property, with the objector of the opinion that these persons are drinking alcohol at the RSL or Community Hall and then heading up to Mountain view Road in order to catch taxis. In response, a representative from the RSL advises that they believe that this is not the case. Their advice is that taxis are instructed to collect patrons from the RSL at the entrance of the building, and further that complaints relating to intoxicated persons are occurring hours after the club has stopped serving alcohol, and that these intoxicated persons that the objector is referring to are using the park area to consume alcohol and are not RSL patrons. Whist it is plausible that some RSL patrons may on occasion create excessive noise and/or elect to hail taxis from the street rather than wait near the entrance to the building, it is considered that it is more likely that these issues stem from the illegal consumption of alcohol, and other social issues, related to the use of park facilities late at night. These are fundamentally law and order issues, and beyond the scope of what can be considered in the instance of this application. Further, it is also noted that the RSL has a policy of not offering its facilities for functions likely to result in sizable groups of younger people consuming alcohol such as 18th and 21st birthday celebrations, specifically to ensure that the amenity of nearby residents is not affected.

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The impact of the additional EGMs on the local community Concern was also raised by one of the objectors that money spent on gaming machines was being diverted from local business, and that the additional EGMs would exuberate problem gambling within the local community. It is considered that the Montmorency-Eltham RSL is a local business, and if a person wishes to make use of gaming machines and they are not available locally, it cannot be sustained that they would instead elect to spend this money on other items locally. The negative effects on the community caused by problem gambling are well known and well publicised. It is acknowledged that EGMs do contribute to the problem, and also that additional machines may exuberate existing issues. It is however important to note that vast majority of people using gaming machines use them responsibly, and are not problem gamblers. Any form of gambling has the potential to cause negative effects in the community if carried out irresponsibly. In this case, the proposal is in a suitably managed venue with no demonstrable negative net community impact as a result of the increased gaming, and due to the benefits provided by the RSL to the community, the benefits to the community are thought to outweigh the losses by the community.

CONCLUSION

The proposed increase in the number of Electronic Gaming Machines and associated extension works are considered to be an acceptable outcome with regard to the relevant State and Local planning policy and Council’s Electronic Gaming Machine Policy and as such should be supported.

ATTACHMENTS

No. Title Page

1 Plans 125

2 Policy Detail 131

3 Discussion of potential benefits and harms 133

4 Socio-Economic Impact Statement 137

5 Banyule Electronic Gaming Machine Policy 2014 204

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Participation – Community Involvement in Community Life


5.1 PROPOSED CITY PLAN & BUDGET - CONSIDERATION OF SUBMISSIONS RECEIVED

Author: Peter Utri - Acting Director Corporate Services, Corporate Services

File: F2015/1087

EXECUTIVE SUMMARY

This report is to enable Council to formally consider written submissions received regarding the Proposed Budget 2015/2016 and Draft City Plan 2013-2017 (Year 3). At the Council Meeting on 13 April 2015, Council resolved to give notice for ‘Preparation of Budget for period 1 July 2015 to 30 June 2016’ and ‘Preparation of City Plan 2013-2017 (Year 3)’. These resolutions included a public exhibition period, and the process was commenced for the receipt of written public submissions. The public exhibition period is a statutory requirement under the Local Government Act 1989, and enables members of the community to make formal submissions under section 223 of the Act. Copies of the proposed Budget 2015/2016 and City Plan 2013-2017 (Year 3) were made available for community consideration from 14 April 2015 – 15 May 2015, Copies of the plans were available via Council’s website, customer service centres, local libraries and neighbourhood houses. In brief, the public notice advertisement informed the community of the following:

Any person making a submission is entitled to state in the submission that he or she wishes to appear in person, or to be represented by a person specified in the submission, at the Meeting of Council on Monday 25 May 2015

details about how and where to make a submission

details about accessing the proposed Budget and draft City Plan

information about Budget Briefing sessions held for the community. The public notice informed the community of Council’s intention to adopt Banyule’s City Plan 2013-2017 (Year 3) in accordance with Sections 125 and 126 of the Local Government Act 1989, at a Council Meeting on Monday, 22 June 2015. The public notice has also informed the community of Council’s intention to adopt Banyule’s Budget for 2015/2016 (in accordance with Section 130 of the Local Government Act 1989) at a Council Meeting on Monday, 22 June 2015. Formal submissions were received until close of business on Friday 15 May 2015, with thirty-one (31) formal submissions received in relation to the Budget and City Plan. This report provides summary information on the submissions received to date. Full copies of all submissions have been provided to Councillors for their information and consideration prior to 25 May 2015 Council Meeting. All eligible submitters have been informed of their right to be heard regarding their submission, on the night they are considered by Council.

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PROPOSED CITY PLAN & BUDGET - CONSIDERATION OF SUBMISSIONS RECEIVED cont’d


RECOMMENDATION

That Council: 1. Receives, hears and considers the submissions in respect of Council’s

intention to adopt the Budget 2015/2016 and Banyule City Plan 2013-2017 (Year 3) in accordance with section 125, 129 and 223 of the Local Government Act 1989.

2. Following the adoption of the Budget 2015/2016 and Banyule City Plan 2013-

2017 (Year 3) write to submitters advising of the outcomes of their submissions.



CITY PLAN

This report is in line with Council’s City Plan key direction to “engage meaningfully with our community” and “Provide responsible financial management and business planning processes”.

BACKGROUND

The report is to inform Council about written submissions received for the proposed Budget 2015/2016 and draft City Plan 2013-2017 (Year 3). Council uses this forum to enable its community to raise any matters in response to the proposed Draft City Plan and Budget. At the Council Meeting on 13 April 2015, notice was given for the ‘Preparation of Budget for period 1 July 2015 to 30 June 2016’ and the ‘Preparation of City Plan 2013-2017 (Year 3)’, including notification of the public exhibition period. Copies of the proposed Budget 2015/2016 and City Plan 2013-2017 (Year 3) were made available for community comment from 14 April 2015 – 15 May 2015, available via Council’s website and customer service centres, local libraries and neighbourhood houses. Providing notice of the public exhibition period is a statutory requirement under the Local Government Act 1989. Specifically s223 of the Act provides an opportunity for members of the public to make a written submission on the draft documents as proposed by Council. It also gives the opportunity for submitters to be heard and address Council in support of their submission.

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Two public meetings regarding the proposed City Plan and Budget were held between 6:00pm and 7:00pm on the following dates at the following locations.

Date Venue

Tuesday 5 May Tom Roberts Room, 275 Upper Heidelberg Road, Ivanhoe

Wednesday 6 May WaterMarc Community Meeting Room, 1 Flintoff Street, Greensborough

As at the conclusion of the public exhibition period, at 5.00pm on Friday, 15 May 2015, thirty-one (31) formal submissions had been received in relation to the proposed Budget and City Plan. All submissions received have been incorporated into this report and are presented for Council consideration. Any late submissions received between the development of this report and the consideration of submissions by Council on the night will be presented but will not be able to be heard through the section 223 process. A summary of all submissions received to date are contained within this report. Submissions are de-identified to the public where privacy concerns are evident. All Councillors receive copies of all the full submissions for consideration.


In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in this report. It is considered that the subject matter of the City Plan does not raise any human rights issues but enhances the human rights of our community. As a part of Council’s commitment to community engagement, the City Plan and Budget have been developed through extensive consultation and engagement. This process of community involvement has promoted and facilitated specific rights outlined in the Charter, namely the right to take part in public life and the right to freedom of expression. The preparation and adoption of Council’s Budget facilitates the protection of many of our communities Human Rights as funding for many Council projects, programs and initiatives is directly related to protecting and enhancing the Human Rights of our community. Council continues to work on behalf of its community to ensure the upholding of Human Rights for all.

LEGAL CONSIDERATION

Advertisements were placed in ‘The Age’ and Leader newspapers at the commencement of the public notice period. Copies of the proposed Budget 2015/2016 and draft City Plan 2013-2017 (Year 3) were then made available for community comment from 14 April 2015 – 15 May 2015, available via Council’s website and customer service centres, local libraries and neighbourhood houses. The required statutory notice appeared on Council’s website on Tuesday, 14 April 2015, and in ‘The Age’ on Wednesday, 15 April 2015. This was supported with a

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copy of the public notice being placed in local papers the following week, together with the Banyule in Brief advertorial. The public notice has informed the community of Council’s intention to adopt Banyule’s City Plan 2013-2017 (Year 3) in accordance with Sections 125 and 126 of the Local Government Act 1989, at a Council Meeting on Monday, 22 June 2015. The public notice has also informed the community of Council’s intention to adopt Banyule’s Budget for 2015/2016 (in accordance with Section 130 of the Local Government Act 1989) at a Council Meeting on Monday, 22 June 2015. In brief, the public notice advertisement has also informed the community of the following:

Any person making a submission is entitled to state in the submission that he or she wishes to appear in person, or to be represented by a person specified in the submission, at the Meeting of Council on Monday 25 May 2015

details about how and where to make a submission

details about accessing the proposed Budget and draft City Plan

information about Budget Briefing sessions held for the community. In accordance with the provisions of Section 223 of the Act, submitters have been provided with the opportunity to address Council in support of their submissions. Council must consider any submissions on a proposal (or proposals) contained in the draft Budget and Council Plan in accordance the Local Government Act 1989.

SUBMISSIONS RECEIVED

City Plan and Budget Submissions The submissions received are presented in a summary form. Full copies of all submissions have been made available to Councillors prior to this meeting.

Submission Summary

1. Submission on behalf of Austin Health

The Wellness Walk 2015 - Sponsorship Arrangements. The submission is a request for Sponsorship (by Banyule City Council) of ‘The Wellness Walk 2015’ in the form of a cash contribution of $25,000 and in-kind support valued at $18,000 plus $1,000 allocation towards cleaning

2. Submission from a member of the community.

Price Park ‘off lead’ dog fence The proponent requests that Council consider additional fenced dog parks, specifically at Price Park Viewbank. The proponent also suggests Council could investigate other funding opportunities to enable additional fenced dog parks. Funding of a dog off lead area at Price park is currently with in the draft budget 2015-2016.

3. Submission from the President, Friends of Ivanhoe Library

Ivanhoe Learning Hub & Ivanhoe Library The submission is presented in support of a program initiative within the draft City Plan which currently sees the support of the

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Submission Summary

Ivanhoe Learning Hub together with Ivanhoe Library ($300,000 included in the draft 2015-2016 budget).


Lighting and Traffic infrastructure works The submission is a request for the following works to be included in the proposed Budget:

1. Installation of a public light in the right of way between Upper Heidelberg Road and Norman Street, Ivanhoe.

2. Reconstruction and widening of the t-intersection of Lambourne Road and Kenmare Street, Watsonia.


Ramu Parade Reserve, West Heidelberg The submission is a request for improved safety of Ramu Parade Reserve, West Heidelberg, suggesting it requires lighting and maintenance, as it appears to be rundown.

6. Submission from the Chairperson, Heidelberg School Art Foundation

Architectural Drawings - Impressionist Gallery and Education Centre The submission is a request for additional Council funding in the Budget - towards the National Architectural Competition to be conducted by the Australian Institute of Architects. It is expected the competition will cost $175,000, the proposed funding is $100,000 from Council and $75,000 from the Foundation. (Note: Council allocated $50,000 in its 2014/2015 Budget toward the development of Architectural drawings for the proposed Impressionist Gallery and Education Centre to be established in Yarra Flats, Heidelberg)

7. Submission from the President, Greensborough Chamber of Commerce

Support for special rates and charge scheme Greensborough No. 2 The submission is presented in support of a program initiative within the draft Budget which currently sees the support of the Special Rates and Charges - Greensborough No. 2 (89868) ($237,780 budgeted in 2015-2016).

8. Submission on behalf of the Australian Greens Victoria, Banyule Branch

Environmental initiatives The submission is to increase efforts around environmental initiatives through suggested increased borrowings

9 - 19. Eleven (11) Submissions from various individuals representing interested environmental groups

Environmental initiatives This group of submissions is based on concerns that Council has reduced its budget for environmental sustainability initiatives (by $100,000) the request is to reinstate and increase efforts in the area of environmental sustainability for Banyule.

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Submission Summary

20 - 25. Six (6) Submissions from various individuals representing interested groups

BCC continued financial membership of NORTH Link This group of submissions is based on concerns that Council has not continued its membership of NORTH Link

26. Submission from the President of St Marys Tennis Club

St Marys Greensborough Tennis Club upgrade of lighting project St Marys Greensborough Tennis Club wishes the upgrade of lighting project to be considered for funding in the current draft Budget 2015/2016.

27. Submission from the Centre Co-ordinator Ivanhoe Traders Association (ITA) on behalf of the ITA

ITA Loan repayment The ITA seeks financial support to fore-go the interest component of a capital works debt for the upgrade of the Ivanhoe Street scape (previously completed) to the value of $149,692


Comments regarding the draft City Plan (Year 3) The submission suggests the City Plan is a balanced document, however proposes some alternative narrative. It suggests other P’s, providing a “basis for evaluating actual performance, rather than the City plan document. They are: Pragmatism, Progress”. It also uses some examples to support this alternative, suggesting specific cases where the submitter believes Council could have achieved better outcomes. Examples cited are: Ivanhoe Major Activity Centre Structure Plan Process, 107-109 Upper Heidelberg Road, Ivanhoe, 8 Donaldson Street, Ivanhoe, Waterdale Assisted Living, Ivanhoe.

29. Submission from the President Watsonia Traders Association on behalf of the WTA

Support for Council’s draft Budget 2015/2016 The submission is in support of Council’s draft Budget 2015/2016. It highlights the importance of the Special Rate scheme the Watsonia Motor Show and Family Day, and thanks Council for its support. It also highlights recent improvements to the area and thanks Council for these.

30. Submission from the Centre Co-ordinator Bell St Mall Traders Association (BSMTA) on behalf of the BSMTA

60th Anniversary of both the Bell St Mall and the Melbourne Olympics Next year marks the 60th Anniversary of both the Bell St Mall and the Melbourne Olympics - consider as part of 2015/2016 Budget to set aside funds for a joint project in this area.

31. Submission on behalf of the Bellfield Residents Action

Bellfield infrastructure and community facility improvement The submission expresses ‘disappointment in the lack of any funds or immediate plans to provide much needed infrastructure

5.1




Submission Summary

Group (BRAG). in Bellfield’. It includes mention of the school site sales and development and the need for improvement to community facilities in the area. The submission acknowledges Council’s allocation to further plan the development of Bellfield and requests that BRAG and other Bellfield residents can be part of the planning process.

ADVOCACY

Council works in partnership with community groups, local agencies and different levels of government to advocate for improved services, infrastructure and social outcomes. Council also advocates seeking opportunities for equitable funding and service arrangements. This report has an important link with Council’s City Plan key direction to: ‘Engage meaningfully with our community’ This key direction sits within Banyule’s ‘Participation’ objective:

Participation: Community Involvement In Community Life – Govern effectively by appropriately engaging the community in issues that affect them, and advocate for the broader interest of the community.


Council may consider changes to the proposed Draft Budget due to submissions received or may determine alternate funding mechanisms to incorporate the funding of submissions with financial implications.

POLICY IMPLICATIONS

The City Plan sets the direction and priorities for Council under the objectives of People, Planet, Place, Participation and Performance: People – Community strengthening and support Planet – Environmental sustainability Place – Amenity and built environment Participation – Community involvement in community life Performance – Use our resources wisely The City Plan helps guide the services Council provides to the community. The Plan is reviewed and updated each year after extensive consultation with the community, Councillors and staff. The review includes a broad range of other key considerations such as legislative changes, research, socio economic data and industry trends. This comprehensive annual review process ensures Council continues to deliver the most appropriate services and projects for Banyule. Feedback has helped Council to plan specific initiatives and priorities for Year 3 of the City Plan, which encompasses the 2015/16 financial year.

5.1




A four year City Plan has been developed through extensive community engagement and feedback. The foundation of this work has led Council to include significant areas of emphasis in its planning, including:

Continuing a strong focus on delivering quality, value for money services

Ensuring our financial sustainability and making sure Council continues to deliver services to the levels expected.

Improving communication with the community so Council is better informed as to things that matter.

The building of a strong and vibrant community

Developing local activity centres in an appropriate and sustainable way.

Making land-use planning more consistent and see that it improves local neighbourhood character

Advocating to other levels of government on important community issues, even where it is not Council’s direct delivery role, and ensuring that this is done in the strongest terms to affect change for the betterment of Banyule.

Identifying opportunities that bring social and economic benefits to the community

Ensuring comprehensive transport planning and advocacy on transport and congestion issues.

Each year Council reconsiders the areas of emphasis outlined for its four year plan. These views have been considered to develop City Plan key initiatives for 2015/16.

The City Plan is underpinned by a key strategic framework. Each strategic objective is underpinned by comprehensive supporting policies, strategies and plans. Council’s key policy and strategic documents informing the City Plan are continuously reviewed to ensure relevance and responsiveness to community needs and best industry practice:

Banyule People: Health and Wellbeing Policy & Strategy

Banyule Planet: Environmental Sustainability Policy & Strategy

Banyule Place Policy & Strategy

Banyule Participation Policy & Strategy

Banyule Performance Framework: Banyule Management System

The key policy and strategic documents include the rationale and policy context for each of the key directions that have been set to achieve Council’s objectives.

CONSULTATION

An overview of our consultation approach Council is committed to engaging with and listening to its Community and using this feedback to inform the services and service levels that are offered to the community. Community feedback, along with things such as legislative changes, reviews of service standards, budget information and industry trends all contribute to shaping Council’s strategic direction.

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Banyule’s four year City Plan 2013-2017 was initially developed in 2013 with extensive community consultation. Each year the City Plan is reviewed and modified. Accordingly, the design of the consultation approach is such that Council can include community feedback into the City Plan review process. Consultation for Year 3 of the City Plan This year’s community consultation has informed the Year 3 City Plan review process. Separate surveys for each of Council’s four key City Plan objectives (the fifth objective of ‘Performance’ mainly relates to the internal functions of Council) were distributed. The process highlighted examples of what has been achieved, asked for feedback about whether people thought Council was on track, and asked for suggestions for improvement. A comprehensive summary of Council’s consultation activities is contained in the body of the City Plan.

TIMELINES

The public notice has informed the community of Council’s intention to:

Adopt Banyule’s City Plan 2013-2017 (Year 3) in accordance with Sections 125 and 126 of the Local Government Act 1989, at a Council Meeting on Monday, 22 June 2015.

Adopt Banyule’s Budget for 2015/2016 in accordance with Section 130 of the Local Government Act 1989 at a Council Meeting on Monday, 22 June 2015.

CONCLUSION

The submissions received by Council cover a wide and varied range of community proposals both in support and in addition to the proposed Budget and City Plan. The submissions primarily deal with issues related to the proposed Budget. As evidenced by the submissions, many specific groups and individuals are advocating either an increase of expenditure on projects of interest and have written in support of an extended range of services and projects in the community. Based on the submissions received during the public exhibition process, there is no substantive evidence presented to officers to recommend change to the proposed Budget or City Plan. Council may wish to consider reallocating some funds to accommodate some requests without constituting a substantive revision of the Budget or alternatively resolve no change. All submitters will be informed in writing after the adoption of the City Plan and Budget.

ATTACHMENTS

Nil

6.1

Performance - Use Our Resources Wisely


6.1 219 SOUTHERN ROAD HEIDELBERG WEST - PROPOSED SALE OF LAND

Author: Joseph Tabacco - Manager Property & Economic Development, City

Development

Ward: Olympia

File: F2013/1097

Previous Items Council on 2 March 2015 (Item 6.2 - 219 Southern Road, Heidelberg West -

Proposed Sale of Land - Commence Statutory Procedures)

EXECUTIVE SUMMARY

Council is the owner of the land known as 219 Southern Road, Heidelberg West, formerly known as part of 233 Southern Road, (the subject land). Council has previously identified the subject land as surplus to Council’s needs. A Planning Permit (P157/2014) was subsequently sought and obtained to allow, amongst other things, a two lot subdivision to create the subject land as a separate parcel of 3,319m2 and to create a municipal reserve for the balance. The Planning Permit also included conditions requiring construction of a water main extension from Liberty Parade. These works must be completed to enable the issuing of a Statement of Compliance, followed by certification and registration of the Plan of Subdivision. At its ordinary meeting on 2 March 2015 (CO2015/1) Council considered a report on the future use of the Council land and authorised the commencement of the statutory procedures in accordance with section 189 of the Local Government Act 1989 (Act) to give public notice of Council’s intention to sell the subject land. Public notice was given in the “Heidelberg Leader’ on 31 March 2015, with submissions on the proposal invited in accordance with section 223 of the Act. The submission period closed at 5:00 pm on 28 April 2015 with no submissions being received. This report considers whether or not to proceed with the sale of the subject land and the method of sale, in the event that Council decides to sell the subject land.

RECOMMENDATION

That Council: 1. Having complied with sections 189 and 223 of the Local Government Act 1989:

a. by giving public notice; b. by providing an opportunity to those who have requested to be heard at

Council’s Ordinary Meeting of 25 May 2015 to be heard at that meeting; and

c. by recording that no submissions have been received; approves the offering of the Council land known as 219 Southern Road, Heidelberg West, formerly known as part of 233 Southern Road, (subject land) for sale at public auction.

6.1


219 SOUTHERN ROAD HEIDELBERG WEST - PROPOSED SALE OF LAND cont’d


2. Directs that a valuation be obtained prior to the sale of the subject land.

3. Acknowledges that the works to enable the certification and registration of the Plan of Subdivision and Statement of Compliance must be completed prior to settlement of the sale of the land.

4. Authorises the signing and sealing of the documentation at the appropriate time to effect the sale and transfer of the subject land.

5. Consider a further report in relation to setting the reserve for the sale of the subject land.



CITY PLAN



In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in this report. Section 20 of the Charter provides that “A person must not be deprived of his or her property other than in accordance with law”. It is considered that the subject matter does not raise any human rights issues because prior to making any decision Council must invite, then hear and consider any submission received in accordance with section 223 of the Act.

BACKGROUND

Council is the owner of the land known as 233 Southern Road, Heidelberg West, being the whole of the land in Certificate of Title Volume 9967 Folio 292. Planning permit P157/2014 (permit), issued on 13 December 2014, allowed a two lot subdivision to create a separate parcel of 3319m2 and to create a Municipal Reserve on title for the balance of the land (shown green hatched on Figure 1). The permit also allowed for the removal of the restrictive covenant from the title.

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The separate parcel is to be known as 219 Southern Road Heidelberg West (the subject land). The sale of the subject land is contingent on compliance with the conditions contained in the permit including the construction of a water main extension from Liberty Parade. The subject land is reasonably flat and has good pedestrian access from Southern Road. It suffers from a lack of natural surveillance as it is situated between high fences of neighbouring properties on two sides. The cost of maintaining the subject land has been difficult to determine as it is maintained as part of the larger parcel. The subject land is included in the General Residential Zone.

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Figure 1: Locality Plan

At its ordinary meeting on 2 March 2015 (CO2015/2) Council considered a report on the future use of the Council land and authorised the commencement of the statutory procedures in accordance with section 189 of the Act.

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LEGAL CONSIDERATION

LOCAL GOVERNMENT ACT 1989 - STATUTORY PROCEDURES

Section 189 of the Act confers on Council the power to sell or exchange land, subject to complying with section 223 of the Act. Council must give public notice and invite submissions from the public before exercising such power.

Public notice of Council’s intention to sell the subject land was given in the “Heidelberg Leader’ on 31 March 2015, with submissions on the proposal invited. The submission period closed at 5:00 pm on 28 April 2015. No submissions were received. Section 189 of the Act also provides that prior to the sale or exchange of land Council must obtain, from a person who holds the qualifications or experience specified under section 13DA(2) of the Valuation of Land Act 1960, a valuation of the land which is made not more than six (6) months prior to the sale or exchange.

CURRENT SITUATION

This report provides an update to Council on the outcome of the public notice. Ordinarily Council would now hear and consider any written submissions received in response to the public notice. In this instance no submissions were received. However, Council must now also consider whether or not to proceed with the sale of the subject land and, in the event that Council decides to sell the subject land, the method and timing of the sale.

POLICY IMPLICATIONS

GUIDELINES FOR THE SALE AND EXCHANGE OF COUNCIL LAND

The Guidelines for the Sale and Exchange of Council Land, adopted by Council in April 2009, provide that the sale of Council-owned land should be conducted through a public process, unless circumstances justify an alternative method of sale.

The Guidelines acknowledge that in some circumstances it may be more advantageous for the sale of the property to be negotiated with one party. The Act does restrict Council from selling or exchanging Council-owned land by private treaty. Generally it will be:

the nature of the Council-owned land that is proposed to be sold or exchanged; and or

how the proposed sale of exchange of land is initiated, e.g. often it is an external person who has initiated discussions with Council with regard to the sale or exchange of the Council-owned land;

when the price offered is substantially more than the valuation; or

evident that there is likely to be only one purchaser for the Council-owned land; that will determine whether the sale or exchange of Council-owned land by private treaty is appropriate.

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Nevertheless, any sale of Council-owned land should be in the best interest of the community and provide the best result, both financial and non-financial for Council and the community.

DISCUSSION

The giving of public notice does not compel Council to sell the subject land. Council is merely complying with its statutory obligations under the Act to give public notice and to hear and consider written submissions on such a proposal before deciding, at a future meeting of the Council, whether or not to sell the subject land. Legal advice has previously been obtained regarding the most appropriate process for Council to undertake to sell its landholdings. The options include:

1. Sale by public auction. 2. Sale by private treaty. 3. Expression of Interest (EOI). 4. Request for Quotations (RFQ) and Request for Proposals (RFP).

In providing this advice, it has been recommended that Council should consider which of the above methods of sale is likely to achieve the best outcome, having regard to Council’s financial and non-financial objectives. It is considered that an EOI process is a preferable method for the sale of the Council-owned land in many situations, as it would satisfy the Council’s responsibility to undertake a public process, enable Council to specify objectives, yet remain flexible enough for Council to negotiate an acceptable outcome with a preferred purchaser. Alternatively sale at public auction will give Council an immediate response as to interest and the opportunity to achieve the desired financial outcome in a public forum and is an appropriate method of sale where Council is not seeking a specific outcome from the developer of the land. As indicated previously the permit included conditions requiring construction of a water main extension from Liberty Parade (permit works). These works must be completed to enable the issue of a Statement of Compliance, then certification and registration of the Plan of Subdivision. Settlement cannot occur until after the registration of the Plan of Subdivision. The timing of the permit works must now be considered. In particular, whether the permit works should be completed prior to the sale or subsequent to the sale. Permit works undertaken before sale Positives

Actual cost of the permit works known before the sale.

Settlement could occur in a relatively short period of time after completion of the permit works.

Short settlement date may be attractive to some purchasers Constraints

Cost of permit works outlaid in advance.

Recouping costs is dependent on sale.

Auction date delayed until after the permit works are completed.

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Permit works undertaken after sale Positives

Avoids outlaying the cost to undertake the permit works before sale.

Lengthy settlement date may be attractive to some purchasers.

Marketing and setting auction date could occur sooner rather than later.

Constraints

Actual cost of permit works not known before the sale occurs. In both scenarios settlement on the sale of the subject land cannot be achieved until the Plan of Subdivision has been registered at the Titles Office. In order for the Plan of Subdivision to be registered the permit works must be completed and Statement of Compliance must issue. Also, the cost of the permit works would need to be advanced by Council and then offset against the sale price, whenever the settlement on the sale occurs. Selling the land on the basis that the permit works are undertaken after the sale appears to be the better solution. This is because the cost of the permit works would not need to be advanced until Council was assured of a sale. This will result in an extended settlement until after the permit works have been completed. The sale price achieved would be known and agreed, however the actual cost of the permit works would not be known before the sale occurs.

TIMELINES

The permit (issued in December 2014) provides that the permit works must be completed and statement of compliance issued within five years of the date of the permit. The permit works are estimated to take between 6 and 8 months to complete.

FINANCIAL CONSIDERATIONS

The indicative cost to undertake the permit works has been estimated to be in the vicinity of $150,000. This includes, but is not limited to, the construction of a water main extension from Liberty Parade. While the costs of the permit works are considerable, these costs would be offset by funds from the sale of the subject land.

CONCLUSION

Sale of the subject land at public auction will give Council an immediate response as to interest and the opportunity to achieve the desired financial outcome in a public forum. Moreover, the permit works would not commence, nor the costs to undertake the permit works be advanced, until Council was assured of a sale. Consequently, the proposal to sell the subject land at public auction prior to the permit works being undertaken, should be supported.

ATTACHMENTS

Nil

6.2



6.2 RESPONDING TO THE MAV INVITATION TO JOIN A PROPOSED LOCAL GOVERNMENT WORKERS' COMPENSATION MUTUAL SCHEME

Author: Matthew LeCouteur - Risk & OHS Coordinator, Corporate Services

File: F2015/1018

EXECUTIVE SUMMARY

The Municipal Association of Victoria (MAV) has identified a self-insurance opportunity for local government - WorkCare Scheme - to help reduce the cost of workers’ compensation incurred by councils. The MAV has invited all Councils including Banyule City Council to join the proposed WorkCare Scheme, effective from 1 July 2016. To do so, Council must sign a Participation Agreement by 29 May 2015. This report presents the substance of the proposed Scheme and the implications for the organisation, to help inform Council’s response to the invitation. After full consideration, this report recommends that Banyule declines the MAV invitation.

RECOMMENDATION

That Council: 1. Consider this report and its implications - particularly the possible seven-year

commitment - and other concerns about the proposed WorkCare Scheme;

2. Decline the MAV’s invitation to become a founding member of the proposed WorkCare Scheme.



CITY PLAN


6.2


RESPONDING TO THE MAV INVITATION TO JOIN A PROPOSED LOCAL GOVERNMENT WORKERS' COMPENSATION MUTUAL SCHEME cont’d


BACKGROUND

The MAV contacted all Victorian Local Governments in July 2014, with a proposal to establish a local government self-insurance WorkCover Scheme known as WorkCare Scheme (Scheme). Interested councils were asked for a financial contribution to defray the costs of examining the WorkCare Scheme’s viability. Banyule City Council committed to this initial study. The MAV established a project team to: - commission actuarial studies of existing claims and financial liabilities, - forecast financial stability and viability, - establish probable premium savings, - research the safety accreditation, claims management and other requirements

of a WorkSafe self-insurance licence, and - establish a model and rules for the operation of such a scheme. The WorkCare Scheme proposed by the MAV will operate from 1 July 2016, if the WorkSafe authority approves the licence application by the MAV. The timeframe for the MAV’s licence application now requires the 63 interested councils to commit as founding members by 29 May 2015, by signing and returning the Participation Agreement. Once the specific councils joining the scheme are known, the MAV will conduct further financial analysis to determine if the application for self-insurance for workers’ compensation will proceed. There are several major components associated with the MAV WorkCare Scheme. MAV has held a series of briefings since July 2014 to address these issues, as well as providing subsequent communication and information. The two key elements are premium costs, and claims and OHS management, but other technical and important matters are also discussed in this report. Duration of the first licence period

Under the Participation Agreement, members will be committed to the self-insurance scheme for the first three-year period of its existence. Members will be committed for a further 4 years if WorkSafe renews the licence beyond the initial three year. With over $1 million dollars in premium paid in each of the past four years, the Participation Agreement is potentially a seven-year, $10 million contract. Under current compensation arrangements, Council is committed to any of the licenced WorkCover agents for a maximum of 1 year. If there are any service issues, a “transfer window” is available annually, whereby Council can choose another WorkCover Agent. The WorkCare Scheme rules do allow for appeals of the Claims Agent’s decisions to the MAV, and appeals for relevant matters to WorkSafe; otherwise it is a seven-year agreement.

6.2




Financial Viability of the Proposed Scheme The MAV has commissioned actuaries to examine the workers’ compensation claims data that the 63 interested councils have provided, including annual premiums. Together with further information from WorkSafe, projections for the self-insurance scheme indicate that premium rates will not change for the first three years of the Scheme. This provides improved certainty with respect to budget forecasting. It is understood that the self-insurance arrangement will mean councils will contribute to a proportionally smaller pool, especially as it will not be inflated by the use of “statistical case estimates” (SCEs) for each claim. (SCEs are worst-case-scenario cost estimates based on “typical claims of that type”, rather than a claim’s or injured employee’s particular characteristics). Nonetheless, with a smaller insurance pool, there remains the possibility of a call on members, should liquidity or other financial constraints threaten the viability of the self-insurance Scheme. More specific projections will be made in June 2015, once the numbers and composition of the founding members are known. The MAV will then assess the viability of the scheme for the actual membership, and estimate and advise individual member premiums. Workers’ Compensation Self-Insurance The self-insurance licence, if granted, is the key to establishing a premium model of the Scheme. At the CEO and Mayors’ forum on 16 April, the MAV highlighted the financial and other experiences of Victorian self-insurers, and other local government WorkCover Schemes. At the subsequent briefing on 24 April, the MAV presented self-insurance results from local government schemes across Australia, and advised that no Victorian self insurer has moved back to the WorkSafe compensation scheme. This improvement is over the same period during which local government has improved within the Victorian WorkCover scheme. Banyule has also improved over this period. Premium Projections and Benefits The self-insurance scheme has been proposed by the MAV as a means to reduce local government workers’ compensation premiums, through: - applying one industry rate across all workplaces, - carrying each individual council’s rate through the first three years of the

WorkCare Scheme, then applying each council’s performance from year four onwards,

- removing Local Government from the WorkCover scheme, thus no longer subsidising other sectors/employers, as local government as a sector is outperforming the scheme,

- a more proactive and effective claims management model - managing claims

6.2




from the first time loss period or medical expense, and applying cost estimates that reflect the specifics of individual claims, and

- avoiding a WorkCover levy on any further financial calls from the Defined Benefits Superannuation Scheme under the self-insurance rules. (The call in 2011/12 affected several years of Council’s remuneration, resulting in an additional $112,668.84 premium.)

A saving of 15% of current premium (approx. $195,000, based on our 2014/15 premium) has been forecast by the project team across the initial three years of the scheme. Whether such savings would be typical or sustained beyond the initial three years is unknown.

Table 1 - WorkCover Premium costs (incl. GST), last four complete Financial

Years

Premiums beyond 2016/17 are projected to be consistently better than those that would be levied under the existing insurance arrangements for councils, due to the various benefits and structural differences a WorkSafe self-insurance licence allows. The project leader for the MAV WorkCare Scheme, outlined on 24th April 2015 the premium calculation and allocation model for the WorkCare Scheme. It reflects the size of a council, as well as the actual claims experience of that council. The MAV provided projected premiums in early May for the first three years of the Scheme, incorporating the indicated 15% discount across the three-year licence. The projected premium savings, as provided, are:

Year 1 Year 2 Year 3

$36,773 $49,031 $98,062

Additionally, MAV indicated on 24 April that the impact of under-excess claims cost would be reduced by 50%. For example, whilst Council’s expected under excess costs for 2014/15 is $200,000, all costs from the commencement of a claim would be borne by the scheme. According to the MAV, these costs would only reflect approximately $100,000 of premium, a net saving per year of approximately $100,000 in addition to the annual premium savings. How this will be achieved is uncertain.

Table 2 - WorkCover under-excess claims costs (* 2014/15 is to end April 2015)

BCC WorkCover Premium (GST inclusive)

2011/12 2012/13 2013/14 2014/15

$1,042,350 $1,311,083 $1,125,373 $1,291,176

Under-Excess WorkCover Claims Costs

2011/12 2012/13 2013/14 2014/15

$279,602 $281,165 $297,173 $165,243

6.2




National Audit Tool Accreditation and Self-Insurance Licence Renewal

As part of the self-insurance licence, all members must be National Audit Tool (NAT) safety certified by the end of the first three years. The WorkCare Scheme includes assistance from OHS providers to help councils achieve this level of occupational health and safety performance. As Council is certified against the AS4801 safety standard, Banyule should not need to undertake any work required to meet the NAT criteria, and would be exempt from the WorkCare Scheme’s requirement for an NAT “self-audit”. It is unclear whether the failure of any single member to achieve NAT safety certification means that the self-insurance licence granted to the MAV would not be renewed. . Treatment of Tail Claims The MAV is negotiating whether all existing local government claims (“the tail”) will be taken on by the WorkCare Scheme, if the self-insurance licence is granted. (At 12 May 2015, it remains unclear whether the proposed Scheme would be taking on pre-existing claims.) If “the tail” is taken on by the WorkCare Scheme, this would simplify claims administration for Council. All claims would then be managed by the appointed claims agent of the scheme (Jardine Lloyd Thompson), regardless of when they were incurred. If not, any claims incurred by Council prior to 1st July 2016 would need to be managed in conjunction with Council’s existing WorkCover Agent, complicating Council’s claims management. That this important matter is still unknown at such a late stage is of concern. Agency and Liability arrangements at the end of the First Licence Period

If WorkSafe does not renew the self-insurance licence, for whatever reason, former members would select a licenced Agent, and resume Workers’ Compensation insurance and claims management services similar to those now in place. The MAV has a bank guarantee of 150% of liabilities for 2019/20 to 2022/23, required to be held by the Scheme. This minimises the risk of a call or similar requirement for members to pay any additional costs on exiting the scheme. The bank guarantee could be called upon by WorkSafe if the Scheme is wound up with a shortfall. The bank guarantee will likely be unsecured and if called by WorkSafe, the bank would look to recover any net loss on having the guarantee exercised. The Scheme has a right to make a call on members for any shortfall. Notwithstanding verbal assurances from the project leader that a call would be unlikely, there is a low level risk to Council that this could occur.

6.2




Scheme Administration and Financial Management The MAV have proposed a Board model, and entered into a service agreement with Jardine Lloyd Thompson (JLTA) to administer the self-insurance scheme, once a licence is granted. JLTA currently have no WorkCover expertise or capacity, but have committed to a timeframe to recruit appropriate OHS and claims staff once the licence application is successful. The recent VAGO report on the MAV’s services, especially their administration of the long-standing Public Liability Insurance Scheme (MAV Insurance/LMI) in conjunction with JLTA is relevant here. The VAGO report Effectiveness of Support for Local Government, 26th February 2015, states in part that there were:

“In 2012-13, MAV….incurred an operating loss of $5.3 million…..mostly from the LMI component. The revenue from LMI was …. not enough to cover the administration and general expenses of $7.7 million. For the three years from 2009-10 to 2011-12 the MAV combined entities had operating losses of around $4.6 million, $0.6 million and $4.0 million respectively. Similar to 2012-13, this is a result of the insurance activities

and other income not covering the administration and general expenses.” The MAV has committed to addressing these and other VAGO findings and recommendations. In line with the general recommendations made by VAGO, the LMI Board has taken steps in recent years to redress the Mutual Liability Scheme’s deficits, although this has taken the form of significant premium increases levied on its member councils. It is difficult to determine the structure of the proposed WorkCare Scheme has built out any inherent issues that may have been behind the LMI Scheme losses and subsequent costs to its constituent members. Several councils have provided feedback and suggested specific changes to the proposed structure, composition and terms of the WorkCare Scheme board which the MAV is considering, but believes are addressed in the Scheme rules. Option to join at a Later Stage

If Council does not join the WorkCare Scheme for 2016/17 and beyond, the next opportunity to participate will be in 2019/20, assuming that the MAV’s self-insurance licence is renewed. This would still be a four-year commitment, and expected to be under essentially the same rules as proposed by the current Participation Agreement. Other Issues The MAV advised, following preliminary discussions with the ASU, that the Union supported the MAV and JLTA’s model of “day 1” claims management, early rehabilitation intervention, and a return-to-work focus.

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Members of the WorkCare Scheme would receive health and wellbeing services at no cost from GMHBA. The MAV will negotiate service agreements with independent medical examiners in all regions of Victoria, reducing the waiting time for injured workers to see specialists and for the WorkCare Scheme to receive expert opinion on prognosis, work options and treatment.


The entitlement to Workers’ Compensation in Victoria is governed by statute. Under this legislation, some human rights established by the Victorian Charter of Human Rights and Responsibilities may be limited.

Council must comply with the aforementioned workers’ compensation regime; however, no recommendation made in this report directly limits any human rights.

CURRENT SITUATION and TIMELINES

The MAV requires interested councils to commit to the Participation Agreement by 29

May 2015. As stated previously, the viability of the proposed Scheme will then be assessed based on the actual composition of the membership, drawn from the 63 Councils involved to date.

• Commit to the Scheme by 29th May 2015 • Lodge application for self-insurance licence July 2015 • Assuming VWA approve and MAV agrees to any conditions -

Commence Scheme 1st July 2016

DISCUSSION

There is still a lack of certainty surrounding several of the issues and details about MAV’s proposed local government self-insurance workers’ compensation scheme. If not enough councils join the WorkCare Scheme, this would render it unviable. From discussions and briefings to date, there is no consensus amongst the 63 councils about joining or abstaining from the Scheme. In any case, there are a number of significant concerns about the proposed WorkCare Scheme:

a) the relationship Council has established with its WorkCover Agent would end.

This has been developed over many years, and is focussed on improving Council’s claims performance, and therefore premium. Council’s current Agent is responsive to Council as a one-on-one service relationship.

Under the proposed Scheme, the primary Agency relationship will be with the MAV. Council’s concerns could therefore be regarded as “merely one from the many councils in the Scheme”.

Under current arrangements, Council can take its business to another Agent, meaning that customer service and claims management must be maintained at a high level.

6.2




b) Council would rescind its right to directly engage its own service providers to help manage compensation and OHS matters.

The existing relationships are productive and under Council control. They are not provided as a “one size fits all” offering that may arise from MAV/JLTA servicing sixty-plus members.

c) The management of ALL claims, from the first dollar cost or first day of time loss would be managed by JLTA, rather than Council.

Council would still have an officer in the return-to-work role, but much of the autonomy and initiative of this role would be negated by JLTAs authority to claims management.

Council would be giving up significant control of its workers’ rehabilitation, and the immediate management of injuries to staff. This is the foundation of the current rehabilitation activities, which has seen improvement in overall claims and premium performance.

d) JLTA has no current workers’ compensation claims experience.

The timeframe within which to recruit and establish a new team is relatively short.

e) The VAGO report highlighted some concerns with the MAV’s financial management of the existing mutual liability scheme for local government.

The MAV has never made a call on the Liability Mutual Insurance scheme. Nonetheless, there have been recent changes to the premium structure which have resulted in increased premiums over the last few years to cover a financial short-fall.

A financial call arising at the end of the first three years of the proposed WorkCare Scheme remains a possibility.

f) There is only low confidence in any indicated premium savings, as the Scheme’s viability and impact on Members’ premiums cannot be known until it is established.

The financial projections are uncertain, as they rely on all sixty-three interested councils participating.

CONCLUSION

The MAV WorkCare Scheme proposal provides an opportunity for Victorian Local Government to take advantage of the benefits of WorkCover self-insurance arrangements. No single component of the WorkCare Scheme is radical or ground-breaking. A mutual scheme could provide multiple benefits, but has a degree of risk and uncertainty associated with establishing such a workers’ compensation management model. The MAV’s proposed Scheme provides Council with the opportunity to join the Scheme at its establishment, with the prospect of premium and cost savings. The MAV has also outlined other benefits associated with the local government sector acting together towards a common goal. In concept, Council should support the Local Government WorkCare Scheme,

6.2




providing solidarity on an initiative for the benefit of the local government sector. However, the current proposal is uncertain in many aspects, and forces Council to a seven-year commitment before some fundamental matters have been clarified or determined. This also removes Council’s ability to use market competition to maintain a high level of service and claims improvements from the Claims Agent. There are a number of other significant concerns about the proposed WorkCare Scheme:

- the potential for a call on Members at the end of the first licence period

- the impact of Members whom do not achieve the NAT safety standard

- uncertainty about under-excess claims costs management and premium impact

- the management of “tail claims” is not resolved

- JLTA’s inexperience in workers’ compensation claims management

- the impact of re-entering the WorkSafe scheme, if the initial licence is not renewed

- VAGO’s findings about the MAV’s management of the existing mutual insurance scheme

This report therefore recommends that Council decline the MAV invitation to join the proposed Local Government Self-Insurance WorkCare Scheme. This provides Council with the opportunity to review the Scheme’s success after three years, with the option of joining in 2019/2020.

ATTACHMENTS

No. Title Page

1 Summary Scenarios for the MAV WorkCare Scheme and Council Options 210

6.3



6.3 ASSEMBLY OF COUNCILLORS Author: Cindy Ho - Governance Officer, Corporate Services

File: F2014/337

EXECUTIVE SUMMARY

Under the Local Government Act 1989 an Assembly of Councillors is defined as:

A meeting of an advisory committee of the Council, if at least one Councillor is present or; A planned or scheduled meeting of at least half of the Councillors and one member of Council staff which considers matters that are intended or likely to be:

a) the subject of a decision of the Council or; b) subject to the exercise of a function, duty or power of the Council that has been

delegated to a person or committee. In accordance with Section 80A of the Local Government Act 1989 Council is required to report as soon as possible to an Ordinary Meeting of Council a record of any assemblies of Councillors held. A number of Assemblies have been included in this report for previous Advisory committees meetings not previously reported. In future these will be tabled at the first available Council meeting. Below is the latest listing of notified assemblies of Councillors held at Banyule City Council. RECORD OF ASSEMBLIES

1 Date of Assembly: 20 March 2014

Type of Meeting: Banyule Multicultural Advisory Committee (BMAC)

Matters Considered: Community Inclusion

Community Education

Service and Community Mapping

Celebration and recognition to addressing deeper issues

Advocacy

Community Services

Councillors Present: Rick Garotti Craig Langdon Tom Melican

Staff Present: Theonie Tacticos – Team Leader Community & Social Planning Shawn Neilson – Community & Social Planner

Others Present: Nil

Conflict of Interest: Nil

6.3


ASSEMBLY OF COUNCILLORS cont’d


2 Date of Assembly: 29 May 2014


Matters Considered: Terms of Reference – Discussion

Citizenship Ceremonies

Film Screening

Emerging Priorities – Discussion of DRAFT Multicultural Action Plan

Demographic update – information and discussion

Website Update

Refugee Welcome Zone

Advocacy Letter – Asylum Seekers

Letter to Mathew Guy, the new Minister for Multicultural Affairs & Citizenship

Member Updates


Staff Present: Theonie Tacticos – Team Leader Community & Social Planning

Others Present: Nil


3 Date of Assembly: 31 July 2014


Matters Considered: Business Arising

Website Update

Updated Terms of Reference

DRAFT Multicultural Plan

Notice of Motion – Real Opportunities, Real Jobs

Notice of Motion – Racial Discrimination Act (RDA)

Demographics Data Presentation



Others Present: Nil


6.3




4 Date of Assembly: 5 August 2014

Type of Meeting: Gay Lesbian Bisexual Transgender Intersex (GLBTI)

Matters Considered: Evaluation of IDAHO 2014

Website Update

Language and GLBTI Household Survey

GLBTI Plan

Councillors Present: Craig Langdon Tom Melican


Others Present: Nil


5 Date of Assembly: 2 October 2014



Notice of Motion – Real Opportunities, Real Jobs

Racial Discrimination Act (RDA)

Updates on Multicultural Plan

Guest Speaker Presentation

Council Support to Refugee and Asylum Seekers

Refugee Welcome Zone Launch Event

Growing Intolerance towards Islamic Community

Malahang Diversity Tent

Other Business

Councillors Present: Rick Garotti Craig Langdon Tom Melican Jenny Mulholland

Staff Present: Theonie Tacticos – Team Leader Community & Social Planning India Mortlock – Community & Social Planner

Others Present: Nil


6.3




6 Date of Assembly: 7 October 2014

Type of Meeting: Gay Lesbian Bisexual Transgender Intersex (GLBTI)


Update on GLBTI Plan

Update on Household Survey

Website Update New Business

Malahang Diversity Tent

Plans for 2015

Youth Programs Update

Other Items

Councillors Present: Craig Langdon Jenny Mulholland

Staff Present: Theonie Tacticos – Team Leader Community & Social Planning India Mortlock – Community & Social Planner Richard Euston –Youth Engagement Officer

Others Present: Nil


7 Date of Assembly: 20 November 2014



Update on Multicultural Plan

Review of Refugee Welcome Zone Event

Review of Malahang Festival and Harmony Tent

Update on Real Jobs, Real Opportunities New Business

Notice of Motion – Proposed Compact with the Somali Community

Proposed Community Forum

Community Cohesion in the Mall

Special Presentation – 3081

Member Update

Councillors Present: Rick Garotti Mark Di Pasquale Jenny Mulholland Tom Melican

Staff Present: Allison Beckwith – Director Community Programs Theonie Tacticos – Team Leader Community &

6.3




Social Planning India Mortlock – Community & Social Planner Rob Ball – Senior Projects Officer with Project 3081

Others Present: Nil


8 Date of Assembly: 25 November 2014

Type of Meeting: Lesbian Gay Bisexual Transgender Intersex (LGBTI)


Update on LGBTI Plan

Review of Malahang Diversity Tent

Update on Midsumma Carnival Event

Use of LGBTI Welcome Signage

Providing an opportunity for the LGBTI Community to Connect

LGBTI Training Proposal

Presentation – Home and Community Care (HACC)

Other Business

Councillors Present: Tom Melican Jenny Mulholland

Staff Present: Theonie Tacticos – Team Leader Community & Social Planning India Mortlock – Community & Social Planner Angela Brophy – HACC Team Leader

Others Present: Nil


9 Date of Assembly: 5 February 2015



Community Cohesion in the mall – Project Ideas

Interfaith Statement

Mosque Open Day

Support to Refugees and Asylum Seeks

New Business

2014 Household Survey Report

Multicultural Plan – Measuring our Progress

2015 Cultural Diversity Week

Councillors Present: Mark Di Pasquale Rick Garotti

6.3




Staff Present: Allison Beckwith – Director Community Programs Theonie Tacticos – Team Leader Community & Social Planning India Mortlock – Community & Social Planner Allister Crawford – Senior Business Services Officer

Others Present: Nil


10 Date of Assembly: 10 February 2015



Review of Midsumma Festival and Pride March

IDAHO New Business

LGBTI Plan – Measuring our Progress

2014 Household Survey Report

Feedback from engagement exercise at the Midsumma Carnival

Other Business

Councillors Present: Jenny Mulholland Tom Melican Craig Langdon

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

Others Present: Nil


11 Date of Assembly: 14 April 2015


Matters Considered: Presentation – Youth and Family Services Business Arising

Recommendation to Council around IDAHO

Community Forum on LGBTI Issues New Business

IDAHO Day Flag Raising and Cocktail Party

Other Business

Councillors Present: Jenny Mulholland

6.3




Craig Langdon

Staff Present: Theonie Tacticos – Team Leader Community & Social Planning Allison Beckwith – Director Community Programs Theonie Tacticos – Team Leader Community & Social Planning India Mortlock – Community & Social Planner Youth and Family Services Strategic Development Officer

Others Present: Nil


12 Date of Assembly: 16 April 2015



Community Cohesion in the Mall Project

Statement of Support for Asylum Seekers and Refugees

Asylum Seeker and Refugee Service Mapping

Advising on Council’s Services

Expand Multicultural page on Council’s Website

City plan Year 3 and Budget 2015 – 2016 Update

Tracking Process – proposed indicators

Emerging Advocacy Issues

Councillors Present: Jenny Mulholland

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

Others Present: Nil



Type of Meeting: Councillor Briefing

Matters Considered: 1. Finance Local MP Agenda 2. One Flintoff Update 3. Urban Regional Off Road Trail Strategy 4. Housekeeping

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

6.3




Staff Present: Simon McMillan – Chief Executive Officer

Scott Walker – Director City Development Geoff Glynn – Director Assets & City Services Peter Utri – Acting Director Corporate Service Kate Chapel – Coordinator Greensborough Office Project Arun Chopra – Manager Capital Projects Jeff Parkes – Coordinator Open Space Planning Peter Benazic – Manager Parks & Gardens

Others Present: Nil




Matters Considered: 1. City Redevelopment Organisational Overview 2. Sustainability/ Environment Team 3. Economic Development Team 4. Development Planning Team 5. Redevelopment Plan Contributions 6. Outdoor Advertising Signs

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

Staff Present: Simon McMillan – Chief Executive Officer Scott Walker – Director City Development Geoff Glynn – Director Assets & City Services Daniel Kollmorgen – Manager Transport, Sustainability & Municipal Laws Joel Elbourne – Manager Urban Planning & Building

Others Present: Nil




Matters Considered: Items on the Council Agenda for the Ordinary Meeting of 11 May 2015 (excluding confidential items) as listed below:

4.1 Laane Avenue, Rosanna - Traffic Investigation

6.3




4.2 Public Exhibition of Amendment C101 - Introducing Schedule 2 to the Special Building Overlay

4.3 Warren Road, Viewbank – Proposed Children's Crossing

4.4 Amendment to a permit for a new carport at 2/1 Della Torre Crescent, Ivanhoe (P352/2013)

4.5 Planning Permit Application for an additional 15 Electronic Gaming Machines and associated buidlings and works at Montmorency Eltham RSL (P1143/2014)

5.1 Rate Capping Submission - Essential Services Commission Consultation Paper

5.2 Multicultural Advisory Committee - Vacancy of the position of committee chair

6.1 Operating and Capital Financial Management Report for the Period Ended 31 March 2015

6.2 Assembly of Councillors

6.3 Items for Noting

8.1 Memorial and Commemorative Plaques Policy

9. General Business

Ivanhoe Aquatic Centre development

The Festival of Ridvan

Lone Pine Planting

Lower Plenty Dance Group

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

Staff Present: Simon McMillan – Chief Executive Officer Scott Walker – Director City Development Allison Beckwith – Director Community Programs Peter Utri – Acting Director Corporate Services Daniel Kollmorgen – Manager Transport, Sustainability & Municipal Laws Joel Elbourne – Manager Urban Planning & Building Vivien Ferlaino – Coordinator Governance Gina Burden – Manager Governance & Communications Tania O’Reilly – Manager Finance & Procurement Joseph Tabacco – Manager Property & Economic Development

6.3




Others Present: Nil


RECOMMENDATION

That the Assembly of Councillors report be received.

ATTACHMENTS

Nil

6.4



6.4 CHALLENGES, WORKLOAD AND INITIATIVES IN DEVELOPMENT PLANNING

Author: Joel Elbourne - Manager of Urban Planning & Buildling, City

Development

File: F2014/812

EXECUTIVE SUMMARY

On 4 May 2015 City Development made several presentations to Councillors including a snapshot of the current workload and challenges facing the Development Planning team. The Development Planning team has experienced a substantial increase in planning permit applications and related requests with these numbers increasing by 60% between 2009 and 2014. While a number of process and productivity improvements have been implemented and are being further considered, it is considered that the team is operating at absolute capacity with its current EFT allocation. There are issues in relation to maintaining acceptable levels of customer service and processing timeframes. Managing staff turnover, health and wellbeing is also an ongoing challenge for this team. It is suggested that the Development Planning team continue to explore initiatives to improve productivity and service and that the resource allocation and structure of the development planning team be reviewed.

RECOMMENDATION

That: 1. The information regarding the current Development Planning workload and

application backlog be noted. 2. Initiatives be further developed and implemented to improve the systems and

process to streamline the planning application processes. 3. The staffing structure and resource levels allocated to the Development

Planning team be reviewed to ensure that an appropriate service level can be achieved.



6.4


CHALLENGES, WORKLOAD AND INITIATIVES IN DEVELOPMENT PLANNING cont’d


CITY PLAN

This report is in line with Council’s City Plan key direction to “plan and manage the systems and assets that support Council’s service delivery”.



REPORT

The key functions of the Development Planning team include:

Process and assess applications in relation to planning permits and subdivision certifications in accordance with relevant legislation and the Banyule Planning Scheme

Provide advice to potential applicants for planning permits, other units of Council, and potentially affected residents. This includes enforcement of the Banyule Planning Scheme and requirements of any permit issued pursuant to the scheme.

Prepare and make available guidelines, policies and information relating to planning and subdivision matters

Provide professional and accountable advocacy on behalf of Council in the Victorian Civil and Administrative Tribunal

The Development Planning team includes 23 staff (20.7 EFT) and processes a considerable number of planning related applications and enquiries:

In 2014 the team was in receipt of approximately 2200 applications, 750 written property enquiries and 300 requests to investigate enforcement related matters. Of the 2200 applications received, approximately 17% of these are requests to amend permissions previously granted.

Per month, the team answers 6000 telephone calls while making 3400. Currently the team is experiencing issues in relation to the health and wellbeing of the team, staff turnover, delays in the processing of applications and the maintenance of appropriate levels of customer service. However despite this the team is continuing to very gradually work through a significant backlog of applications. Between 2009 and 2014 the overall number of applications received rose by 60% (more than 800 a year) (Figure 1).

6.4




Figure 1: All requests In relation to planning permit applications it is significant that the number of multi dwelling applications received have increased by 60% in just one year from 2013 to 2014. Multi dwelling applications require more resources to process than other application types. It is also considered that these application types themselves are becoming more complex as the number of requests for larger apartment style developments increase.

Figure 2: Permit requests by type The income of the Unit has also increased by 73% compared based on calendar year income in 2014 compared with 2008 (Figure 3). It is noted that the absence of fee indexation by the State Government has resulted in a real forgone revenue of $727,681 based on fee income from 2000-2001 financial year onwards). During this staff EFT has risen by 13%.

0

500

1000

1500

2000

2500

2008 2009 2010 2011 2012 2013 2014

Other applications (incl.amended plans)

Subdivision applications(permit and certification)

Tree Applications

250 258 261 309 262 292 312

162 100 119 96

130 197 164

172

132 154 127 144

151 240

103

71 89 80 98

128 83

76

51

72 85 133

110 135

0

100

200

300

400

500

600

700

800

900

1000

Received(2nd half

2011)

Received(1st half

2012)

Received(2nd half

2012)

Received(1st half

2013)

Rec'd(2nd half

2013)

Rec'd(1st half

2014)

Rec'd(2nd half

2014)

S72 Amendments

Subdivision

Other

Multi Dwelling

Trees

6.4




Figure 3: Income by calendar year. Process and productivty improvement The development planning team has explored and impliemtend a range of process and productivty improvements to respond to the increased workload:

Completion of the MAV STEPS Process Improvement Program.

Streamlining of delegate reports.

Increased thresehold for Car Parking Contribution meetings with Councillors.

Implemetation of VicSmart Fast Track permit process.

Priority paid Memorandum of Understanding for straightfoward Department of Heath and Human Services applications.

Ongoing upskilling of a pool of Customer Service Officers to perform overtime with Development Planning when available to assist with administaration backlogs.

Semi regular 3 hour overtime evenings for planning staff. Further improvements are also underway with key initiatives as follows: Electronic files A number of initiatives in relation to electronic process have been introduced by the Development Planning team. Examples of this include online lodgement and payment of applications as well provision for residents to view planning applications and plans on Council’s website as well as lodge objections. To date, these initiatives have been geared toward improving the customer experience rather than improving the efficiency of the administration of these tasks. This is due to a lack of integration between web services and Council’s corporate systems and the fact that the platform for the processing of a planning application is hard copy. The Development Planning team is now exploring a holistic approach to electronic management of the planning permit process and while there are very limited examples of Victorian Council’s succeeding in this transition (Officers are aware of one such example), the Development Planning Team is committed to the implementation of a fully electronic process by January 2017 in line with the move to the new One Flintoff office. Key challenges for this transition will include:

$300,000

$400,000

$500,000

$600,000

$700,000

$800,000

$900,000

2008 2009 2010 2011 2012 2013 2014

Budget

Actual

"Income" includes planning, subdivision & arboricultural

6.4




Behaviour change for officers, applicants, residents and councillors in engaging with the planning process that will be independent of paper.

The ability for Council’s existing software and hardware to facilitate an integrated approach and minimise double handling. It is suggested that Council may need to consider investing in additional products to facilitate improvements.

General review of planning process There is no question that a holistic review of the way the department processes planning applications would add value and improvement to the Development Planning service offered by Banyule. However, the timing of such a review must appreciate the capacity and morale of the team. Such a review could also incorporate a ‘check in’ with Councillors to ensure that the department has a clear understanding of which areas of Council’s Neighbourhood Character Policy are most important and whether there are opportunities to streamline the processing of applications in this regard.

CONCLUSION

Initiatives to improve the systems and process to streamline the planning application processes have been implemented and will continue to be developed. However, it is considered that the current workload and application backlog of the Development Planning team is significant. As such, it is appropriate that the staffing structure of the Development Planning team and the resource levels allocated to it should be reviewed to ensure that an appropriate service level can be achieved.

ATTACHMENTS

Nil

6.5



6.5 29 ALAMEIN ROAD HEIDELBERG WEST - PROPOSED SALE OF LAND

Author: Jeanette Kringle - Property Co-ordinator, City Development

Ward: Olympia

File: F2014/4533

Previous Items Council on 15 December 2014 (Item 6.4 - 29 Alamein Road Heidelberg West -

Proposed sale of land - Commence statutory procedures)

Council on 2 March 2015 (Item 6.5 - 29 Alamein Road Heidelberg West - Proposed Sale of Land)

EXECUTIVE SUMMARY

Council is the owner of the land and improvements known as 29 Alamein Road, Heidelberg West (subject land). The subject land is currently occupied by the Olympic Village Preschool (Preschool). In about July 2015 the Preschool is to be relocated into the new Olympic Village Learning Hub, Child and Family Centre (the Hub) constructed at the Olympic Village Primary School. Given the construction of the Hub has been completed, the subject land is surplus to Council’s and the community needs. At its ordinary meeting on 15 December 2014 (F2014/417) Council considered a report on the future use of the Council land and authorised the commencement of the statutory procedures in accordance with section 189 of the Local Government Act 1989 (Act) to give public notice of Council’s intention to sell the subject land. Public notice was given in the “Heidelberg Leader’ on 20 January 2015, with submissions on the proposal invited in accordance with section 223 of the Act. The submission period closed at 5:00 pm on 17 February 2015 with no submissions being received. The report to presented to Council on 2 March 2015 (CO215/44) was deferred to a future meeting. The purpose of this report is for Council to reconsider the matter and decide whether or not to proceed with the sale of the subject land.

RECOMMENDATION

That Council: 1. Having complied with sections 189 and 223 of the Local Government Act 1989:

a. by giving public notice; b. by providing an opportunity to those who have requested to be heard at

Council’s Ordinary Meeting of 2 March 2015 to be heard at that meeting; and

c. by recording that no submissions have been received; approves the offering of the Council land known as 29 Alamein Road, Heidelberg West (subject land) for sale.

2. Directs that a valuation be obtained prior to the sale of the subject land.

6.5


29 ALAMEIN ROAD HEIDELBERG WEST - PROPOSED SALE OF LAND cont’d


3. Authorises the signing and sealing of the documentation at the appropriate time

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



CITY PLAN

This report is in line with Council’s City Plan key direction to “develop and deliver best value services and facilities”.


In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in this report Section 20 of the Charter provides that “A person must not be deprived of his or her property other than in accordance with law”. It is considered that the subject matter does not raise any human rights issues because prior to making any decision Council must invite, then hear and consider any submission received in accordance with section 223 of the Act.

BACKGROUND

Council is the owner of the land and improvements known as 29 Alamein Road, Heidelberg West (subject land), identified in Figure 1 below. The subject land comprises the whole of the land in certificate of title volume 8604 folio 173 transferred to Council by the Housing Commission (now the Director of Housing) when the land was subdivided. Council records indicate that the land has an area of 1167m2 and the improvements consist of a 200m2 weatherboard clad building with a metal deck roof. The building was constructed in about 1956. The Olympic Village Preschool currently operates two 4-year old funded Kindergarten programs from the subject land.

6.5




Figure 1: Locality Plan


In 2012 Council was successful in obtaining $1.34M grant funding from the Victorian Government. The grant, together with $750,000 of Council funds committed in the 2014/2015 Capital Works Program, will enable the construction and development of the Child and Family Centre at the Olympic Village Learning Hub (the Hub) within the grounds of the Olympic Village Primary School. The $1.34M State Government funding is in addition to the $750,000 committed to the project by Council. Council funding will be off-set through the sale of the subject land.

POLICY CONSIDERATIONS

GUIDELINES FOR THE SALE AND EXCHANGE OF COUNCIL LAND

The Guidelines for the Sale and Exchange of Council Land, adopted by Council in April 2009, provide that the sale of Council-owned land should be conducted through a public process, unless circumstances justify an alternative method of sale.

The Guidelines acknowledge that in some circumstances it may be more advantageous for the sale of the property to be negotiated with one party. The Local Government Act 1989 does not restrict Council from selling or exchanging Council-owned land by private treaty. Generally it will be:

6.5




the nature of the Council-owned land that is proposed to be sold or exchanged; and or

how the proposed sale of exchange of council-owned land is initiated, e.g. often it is an external person who has initiated discussions with Council with regard to the sale or exchange of the Council-owned land;

when the price offered is substantially more than the valuation; or

evident that there is likely to be only one purchaser for the Council-owned land; that will determine whether the sale or exchange of Council-owned land by private treaty is appropriate. Nevertheless, any sale of Council-owned land should be in the best interest of the community and provide the best result, both financial and non-financial for Council and the community.

LEGAL CONSIDERATIONS

LOCAL GOVERNMENT ACT 1989 - STATUTORY PROCEDURES

Section 189 of the Act confers on Council the power to sell or exchange land, subject to complying with section 223 of the Act, which provides that Council must give public notice and invite submissions from the public before exercising such power.

Public notice of Council’s intention to sell the subject land was given in the “Heidelberg Leader’ on 20 January 2015, with submissions on the proposal invited. The submission period closed at 5:00 pm on 17 February 2015. No submissions were received. Section 189 of the Act also provides that prior to the sale or exchange of land Council must obtain, from a person who holds the qualifications or experience specified under section 13DA(2) of the Valuation of Land Act 1960, a valuation of the land which is made not more than six (6) months prior to the sale or exchange. Legal advice has previously been obtained regarding the most appropriate process for Council to undertake to sell its landholdings. The options include:

1. Sale by public auction. 2. Sale by private treaty. 3. Expression of Interest (EOI). 4. Request for Quotations (RFQ) and Request for Proposals (RFP).

In providing this advice, it has been recommended that Council should consider which of the above methods of sale is likely to achieve the best outcome, having regard to Council’s financial and non-financial objectives.

TIMELINES

Building works have been completed. However the transition for the commencement of the kindergarten programs in the new building are not likely to commence until July 2015 to align with the commencement of term three.

6.5




DISCUSSION

Given the completion of the new building and the anticipated relocation of services to the Hub, the subject land is now surplus to Council’s and the community’s needs. It is therefore the right time to consider whether or not to sell the subject.

CONCLUSION

It is appropriate for Council to give consideration to the sale of the subject land at this time. The building works have been completed and the subject land is anticipated to be vacant in July 2015. Consequently, the proposal to sell the subject land should be supported.

ATTACHMENTS

Nil

6.6



6.6 SHOP 201 GREENSBOROUGH PLAZA AND SHOP 378A GREENSBOROUGH PLAZA

Author: Jeanette Kringle - Property Co-ordinator, City Development

Ward: Bakewell

File: F2013/1354

EXECUTIVE SUMMARY

Council currently leases floor space on Level 2 at the Greensborough Plaza, namely Shop 201, for a Community Centre. Council licences the space to Diamond Valley Community Service. Centre Management at the Greensborough Plaza are proposing to upgrade the Centre and have served a relocation notice on Council. Discussions have recently taken place with Council officers with a view to relocating the office space to a vacant tenancy on Level 3, namely Shop 378A (new premises). This will involve surrendering the lease for the existing premises and entering into a fresh lease for the new premises. The proposed new premises will provide for larger and upgraded space in a more prominent location within the Greensborough Plaza, and under the same lease terms and conditions as the lease for the existing premises. This report sets out the details of negotiations to date.

RECOMMENDATION

That Council: 1. Authorise the Chief Executive Officer and/or the Director City Development to

finalise negotiations for the surrender of the existing lease of Shop 201 Greensborough Plaza conditional on entering into a new lease for Shop 378A Greensborough Plaza, with such new location to provide for larger and upgraded space in a more prominent location within the Greensborough Plaza, and under the same lease terms and conditions.

2. Subject to the satisfactory outcome of negotiations referred to in Item 1 above,

authorises the affixing of the common seal to the surrender of lease between Greensborough TC Pty Ltd and Banyule City Council relating to Shop 201 Greensborough Plaza.

3. Subject to Items 1 and 2 above, authorises the affixing of the common seal to

the lease between Greensborough TC Pty Ltd and Banyule City Council relating to Shop 378 Greensborough Plaza.

6.6


SHOP 201 GREENSBOROUGH PLAZA AND SHOP 378A GREENSBOROUGH PLAZA cont’d




CITY PLAN

This report is in line with Council’s City Plan key direction to “develop and deliver best value services and facilities”.

BACKGROUND

In 1996 Council entered into a lease with the then owners of Greensborough Plaza for 127m2 of office space, known as Shop 201, on Level 2 of the Greensborough Plaza Shopping Centre (existing premises). Under the lease the existing premises must be used as a Community Centre. The lease provided, amongst other things for a three year term and options for 26 terms of three years (in effect an 81 year lease). The rent is capped at $1.00 per annum plus GST. Council subsequently licences the existing premises to Diamond Valley Community Service and Diamond Valley Community Legal Services on an annual basis expiring on 30 June in each year. Notice has recently been received from Greensborough Plaza Management advising of the intention to undertake refurbishment works within part of the Centre adjacent to and including the existing premises. The existing lease provides that, in the event of substantial alterations or extensions being made to the Centre, the owners have the right to serve notice terminating the existing lease and offering a lease for new premises, for the remaining lease term (including any option periods), on the same terms and conditions. Discussions have recently taken place with Council officers with a view to relocating the office space to a vacant tenancy on Level 3, namely Shop 378A (new premises). Technically it involves surrendering the lease for the existing premises and entering into a fresh lease for the new premises.


Plans for the new premises have been provided together with a list of works to be undertaken by the owner at its expense. The building works associated with the relocation are to be borne by owner of Greensborough Plaza.

CONCLUSION

The relocation of the Diamond Valley Community Service to its new location will provide for an upgraded space in a more prominent location, still under the same lease terms and conditions.

6.6


SHOP 201 GREENSBOROUGH PLAZA AND SHOP 378A GREENSBOROUGH PLAZA cont’d


Consequently, the proposal to surrender the lease for the existing premises and entering into a new lease for the refurbished premises should be supported.

ATTACHMENTS

Nil

7.1

Sealing of Documents


7.1 SEALING OF DOCUMENTS Author: Andrea Turville - Property Officer, City Development

Ward: Bakewell

File: F2013/1039 & F2013/977

RECOMMENDATION

That the Common Seal of Banyule City Council be affixed to the Deed of Renewal of Lease between Banyule City Council and Artistic Culinaire Pty Ltd for the premises at Tenancy 1, 1 Flintoff Street, Greensborough for a period of two (2) years commencing 8 June 2015 and expiring 7 June 2017.

The following documents require the affixing of the Common Seal of Council: 1

.

PARTY\PARTIES: Banyule City Council and Artistic Culinaire Pty Ltd OFFICER: Andrea Turville FILE NUMBER: F2013/1039 x F2013/977 DOCUMENT: Deed of Renewal of Lease ADDRESS: Tenancy 1, 1 Flintoff Street, Greensborough WARD: Bakewell BRIEF EXPLANATION: Council is the owner of WarterMarc facility at 1 Flintoff

Street, Greensborough which incorporates the WaterMarc Café, known as Tenancy 1, 1 Flintoff Street Greensborough. The existing lease with Artistic Culinaire Pty Ltd (tenant) provides for a term of three (3) years with an option for a further term of two (2) years. The tenant has exercised its option for the further term commencing, 8 June 2015. The tenant is not in breach of the terms and conditions of the existing lease and therefore has an entitlement to be granted the lease for the further term of two (2) years. Council should formally ratify the Deed of Renewal of Lease by resolving to affix its Common Seal to the Deed.

ATTACHMENTS

Nil

8.1

Notice of Motion


8.1 REVIEW OF COUNCIL COMMITTEES Author: Cr Steven Briffa

Ward: Hawdon

File: F2014/492

TAKE NOTICE that it is my intention to move:

“That: 1. All Council Committee delegate positions become vacated annually;

a) Preference be given to Councillors that have not previously been a delegate or substitute of the committee,

b) In the event that no new Councillor is seeking appointment, the position be offered to the past Councillor delegate,

c) Councillors holding board positions associated with a committee should be re-nominated to enable the Councillor to maintain their board position for the duration of their appointment on the board.

2. A review of all Committees is undertaken prior to the Council Meeting 16

November 2015 to ensure relevance and future need.”

Explanation Every year Council appoints a delegate and a substitute for a number of committees at its Mayoral Election meeting. In providing an opportunity for all Councillors to gain training and development and greater understanding of the variety of roles performed across Banyule – it is recommended that these committee representative positions are vacated annually to enable an opportunity for any Councillor to be a delegate or substitute. Councillors who hold board positions such as the Municipal Association of Victoria and Metropolitan Waste Management Group Board are required to be appointed as delegates of the Committee and should be re-nominated to allow them to fulfil their board appointments. The Committees should be reviewed annually to ensure they are still required and relevant, meet current Community needs and are appropriately resourced. This is to occur before the meeting of Council being held on the 16 November 2015 to allow for accurate appointments to Committees at that meeting. CR STEVEN BRIFFA Hawdon Ward

8.1

Notice of Motion

REVIEW OF COUNCIL COMMITTEES cont’d


ATTACHMENTS

Nil

8.2

Notice of Motion


8.2 GREENSBOROUGH COLLEGE Author: Cr Mark Di Pasquale

File: F2015

TAKE NOTICE that it is my intention to move:

“That 1. Council advocate on behalf of Greensborough College Students, Parents,

Teachers, Staff as well as the local community for the College to be considered as the ideal location for the new $10m Technical School within Banyule. This advocacy includes but is not limited to writing to the Premier, Deputy Premier, Minister of Education, the local members of Parliament; Greensborough College and the local community (the Watsonia and Greensborough area south of Grimshaw Street within Bakewell Ward) informing them of our support for the School and our call for a Technical College

2. Banyule Council notes the 2015/16 State Budget allocation of $1m for upgrade

of the Greensborough College and allocation of $11.5m to Viewbank College for a new Theatre on site to replace the existing Banyule Theatre in Heidelberg. That Greensborough Secondary College had a commitment for a major upgrade.

3. Council notes Greensborough College received an allocation of $1m in this

year’s budget for an upgrade but is extremely concerned the allocation will only provide minor works and not the major redevelopment promised.

4. Council work with the School and local community to ensure all elections

commitments are adhered to in full and that the new technical school be part of the redevelopment Greensborough College.“

Explanation A commitment of the current State Government is to construct a new Technical College within Banyule. This commitment is for M$10. It is my intention to move Greensborough College as an ideal location for such a project. Greensborough College as it stands is in need of urgent works and upgrade and has ample room to accommodate a technical school. The school is supportive on any advocacy by Council for a major upgrade. A major upgrade of Greensborough College would assist the local community in providing a better facility for students and staff. The Diamond Village Shopping Centre would also benefit from a larger school population with increased patronage of students and their families as well as the staff of the school. Between 2000 and 2010 Viewbank College has had two upgrades costing well over $2m on each occasion. Given that the cost of works since 2010 has increased dramatically and the proposed new theatre at Viewbank College is valued at $11.5m, the allocation of $1m for Greensborough College will only allow for minor works and not the major redevelopment as promised.

8.2

Notice of Motion

GREENSBOROUGH COLLEGE cont’d


CR MARK DI PASQUALE Bakewell Ward

ATTACHMENTS

Nil

ATTACHMENTS

ORDINARY MEETING OF COUNCIL ON 25 MAY 2015 Page 99

2.2 Community Buses Review

Attachment 1 Financial Analysis .......................................................................... 100

4.1 Notice of Intention to Declare a Special Rate - Bell Street Mall

Attachment 1 Attachment 1 - Request from Association ..................................... 101

Attachment 2 Attachment 2 - Proposed Declaration ........................................... 102

Attachment 3 Attachment 3 - Survey .................................................................. 108

Attachment 4 Attachment 4 - Pre Intent Letter .................................................... 112

4.2 Update on the Vision for Watsonia Village

Attachment 1 'A Snaphot of Picture Watsonia' and Cover Letter ......................... 114

Attachment 2 Summary of Feedback and Council's Response............................ 122

4.3 Planning Permit Application for an additional 15 Electronic Gaming Machines and associated buidling and works at Montmorency Eltham RSL (P1143/2014)

Attachment 1 Plans ............................................................................................. 125

Attachment 2 Policy Detail................................................................................... 131

Attachment 3 Discussion of potential benefits and harms .................................... 133

Attachment 4 Socio-Economic Impact Statement ................................................ 137

Attachment 5 Banyule Electronic Gaming Machine Policy 2014 .......................... 204

6.2 Responding to the MAV invitation to join a proposed local government workers' compensation mutual scheme

Attachment 1 Summary Scenarios for the MAV WorkCare Scheme and Council Options ............................................................................. 210

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Item: 2.2 Attachment 1: Financial Analysis


Attachment One

Table A.

Table B.

Table C.

UPH 003 2012/2013 2013/2014 2014/2015 UPH 004 2012/2013 2013/2014 2014/2015

Internal 1,350.00$ 1,170.00$ 1,092.50$ Internal 840.00$ 540.00$ 92.50$

Community 3,515.00$ 5,670.00$ 2,035.00$ Community 2,550.00$ 1,080.00$ 1,540.00$

Private 2,284.00$ -$ -$ Private 270.00$ -$

Total income 7,149.00$ 6,840.00$ 3,127.50$ Total income 3,660.00$ 1,620.00$ 1,632.50$

Total bookings 53 47 24 Total bookings 30 21 14

Comparison by year for Councils Buses 2006/2007 2007/2008 2008/2009 2009/2010 2010/2011 2011/2012 2012/2013 2013/2014 2014/2015

INCOME Actual Actual Actual Actual Actual Actual Actual Actual Actual

Private Groups 5,432.00$ $4,199.00 3,737.00$ 2,377.00$ 3,037.00$ 3,449.00$ 2,554.00$ -$ -$

Internal Groups 2,265.00$ $3,915.00 2,630.00$ 1,861.00$ 3,045.00$ 1,680.00$ 2,190.00$ 1,710.00$ 1,185.00$

Community 12,284.00$ $10,259.00 8,823.00$ 5,241.00$ 5,774.00$ 5,797.00$ 6,065.00$ 6,750.00$ 3,575.00$

Total 19,981.00$ $18,373.00 15,190.00$ 9,479.00$ 11,856.00$ 10,926.00$ 10,809.00$ 8,460.00$ 4,760.00$

OPERATING COST 29,194.00$ $30,035.00 31,043.00$ 33,555.00$ 32,403.00$ 35,587.00$ 34,790.00$ 35,467.00$ 36,278.00$

Total opertating cost less income 9,213.00$ 11,662.00$ 15,853.00$ 24,076.00$ 20,547.00$ 24,661.00$ 23,981.00$ 27,007.00$ 31,518.00$

UPH 003 & UPH 004 2012/2013 2013/2014 2014/2015

Combined Bus Income 10,809.00$ 8,460.00$ 4,760.00$

Combined Operating Cost 34,790.00$ 35,467.00$ 36,278.00$

Cost to Council 23,981.00$ 27,007.00$ 31,518.00$

Total combined hires 83 68 38

Unit income (avg) 130.23$ 124.41$ 125.26$

Unit cost (avg) 288.93$ 397.16$ 829.42$

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Item: 4.1 Attachment 1: Attachment 1 - Request from Association


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Item: 4.1

Attachment 2: Attachment 2 - Proposed Declaration


PROPOSED DECLARATION OF SPECIAL RATE

Bell Street Mall Shopping Centre

1. The Banyule City Council (Council) proposes to declare a combination of a

Special Rate and a Special Charge (Special Rate) under section 163(1) of the

Local Government Act 1989 (Act) for the purposes of defraying expenses to be

incurred by Council in providing funds to the incorporated body known and

operating as the Bell Street Mall Traders’ Association Incorporated (Traders’

Association), which funds, subject always to the approval, direction and

control of Council, are to be used for the purposes of the appointment of a part

time marketing coordinator, promotional, advertising, marketing, business

development and other incidental expenses as approved by Council and

agreed to from time to time between Council and the Traders’ Association, all

of which are associated with the encouragement of commerce, retail and

professional activity and employment in the Bell Street Mall Centre (Shopping

Centre or Scheme).

2. The criteria which form the basis of the proposed declaration of Special Rate

are the ownership and the capital improved value of rateable land used, or

reasonably capable of being used, for commercial, retail or professional

purposes, which rateable land is situated within the geographical area in which

the properties described in paragraphs 6 and 7 of this proposed declaration are

included.

3. In proposing the declaration of Special Rate, Council is performing functions

and exercising powers in relation to the peace, order and good government of

the municipal district of the City of Banyule, in particular the encouragement of

commerce, retail activity and employment opportunities within the area for

which the proposed Special Rate is to be declared.

4. The total cost of the performance of the function and the exercise of the power

by Council (in relation to activities associated with the encouragement of

commerce, retail activity and employment opportunities in the area for which

the proposed Special Rate is to be declared) and also the total amount of the

Special Rate to be levied by Council is referrable to an amount of $55,000

which amount, it is proposed, will be levied in each year of the Scheme and

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which in total will raise an amount of $275,000 over the 5 year period of the

Scheme.

5. The period for which the proposed Special Rate is to be declared and is to

remain in force is a period of 5 years commencing on 1 July 2015 and ending

on 30 June 2020.

6. The area for which the proposed Special Rate is to be declared is all of the land

referred to as the Shopping Centre, as identified and shown on the plan set out

in the schedule forming a part of this proposed declaration (being Schedule 1).

7. The land in relation to which the proposed Special Rate is to be declared is all

that rateable land described in the listing of rateable properties set out in the

schedule forming a part of this proposed declaration (being Schedule 2).

8. The proposed Special Rate will be declared and assessed based on the capital

improved value of each property multiplied by an amount of 0.0019031163,

combined with a minimum Special Rate payable of $350 and maximum Special

Rate payable of $2,000, such assessments being more particularly described in

the schedule forming a part of this proposed declaration (being Schedule 2).

9. The proposed Special Rate will be levied by sending a notice of levy in the

prescribed form annually to the person who is liable to pay the Special Rate,

which will require that the Special Rate must be paid by four instalments, to be

paid by the dates which are fixed by Council in the notice (the instalments

being payable on dates not less than 28 days after the date of issue of the

notice of levy).

10. Council will consider cases of financial and other hardship, and may reconsider

other payment options for the Special Rate.

11. Council considers that there will be a special benefit to the persons required to

pay the Special Rate because there will be a benefit to those persons that is

over and above, or greater than, the benefit that is available to persons who are

not subject to the proposed Special Rate, and directly and indirectly as a result

of the expenditure proposed by the Special Rate, the viability of the Shopping

Centre as a business, commercial, retail and professional area, and the value

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and the use, occupation and enjoyment of the properties and the businesses

included in the Special Rate Scheme area will be maintained or enhanced

through increased economic activity.

12. Council further considers, and formally determines for the purposes of sections

163(2)(a), (2A) and (2B) of the Act, that the estimated proportion of the total

benefits of the Scheme to which the performance of the function and the

exercise of the power relates (including all special benefits and community

benefits) that will accrue as special benefits to all of the persons who are liable

to pay the Special Rate is in a ratio of 1:1 (or 100%). This is on the basis that,

in the opinion of Council, all of the services and activities to be provided from

the expenditure of the proposed Special Rate are marketing, promotion and

advertising related and will accordingly only benefit the owners and occupiers

of those properties and businesses included in the Scheme that are used, or

reasonably capable of being used, for retail, commercial or professional

purposes.

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Item: 4.1



Schedule 1 to the Proposed Declaration of Special Rate MAP

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Schedule 2 to the Proposed Declaration of Special Rate Rateable Land Amount Payable

294 Bell St $ 2,000.00

296 Bell St $ 609.00

300 Bell St $ 350.00

302 Bell St $ 350.00

304 Bell St $ 350.00

2 The Mall $ 639.45

4 The Mall $ 753.63

6 The Mall $ 784.08

8 The Mall $ 1,522.49

12 The Mall $ 1,103.81

14 The Mall $ 1,094.29

16 The Mall $ 1,198.96

18 The Mall $ 770.76

22 The Mall $ 532.87

25 The Mall $ 913.50

26 The Mall $ 768.86

27 The Mall $ 875.43

28 The Mall $ 2,000.00

29 The Mall $ 681.32

31 The Mall $ 1,760.38

34 The Mall $ 532.87

36 The Mall $ 704.15

38 The Mall $ 761.25

39 The Mall $ 803.12

40 The Mall $ 1,941.18

41 The Mall $ 803.12

43 The Mall $ 770.76

45 The Mall $ 761.25

47A The Mall $ 517.65

47C The Mall $ 350.00

47D The Mall $ 350.00

47E The Mall $ 350.00

50 The Mall $ 647.06

3/51-53 The Mall $ 350.00

1/52-58 The Mall $ 350.00

55 The Mall $ 599.48

56 The Mall $ 350.00

57 The Mall $ 609.00

57 A The Mall $ 350.00

58 The Mall $ 350.00

59 The Mall $ 723.18

60 The Mall $ 609.00

61 The Mall $ 609.00

62 The Mall $ 666.09

63 The Mall $ 532.87

64 The Mall $ 666.09

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65 The Mall $ 628.03

66 The Mall $ 580.45

68 The Mall $ 350.00

70 The Mall $ 513.84

148 Oriel Rd $ 2,000.00

1/51-53 The Mall $ 517.65

3-7 Tobruk Ave $ 350.00

67-75 The Mall $ 350.00

318 Bell St $ 2,000.00

1/318 Bell St $ 2,000.00

2/318 Bell St $ 1,903.12

3/318 Bell St $ 1,903.12

4/318 Bell St $ 1,385.47

52/54 The Mall $ 350.17

20 The Mall $ 704.15

1/20 The Mall $ 350.00

1a/15-23 The Mall $ 1,160.90

1b/15-23 The Mall $ 1,389.27

1c/15-23 The Mall $ 747.92

5/51-53 The Mall $ 350.00

4/51-53 The Mall $ 350.00

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Item: 4.1 Attachment 3: Attachment 3 - Survey


THE BELL ST MALL TRADERS ASSOCIATION SPECIAL RATE SCHEME SURVEY

INTRODUCTION The special rates and charge program that funds the marketing and management activities of the Bell St Mall Traders’ Association for the last five years will expire at the end of June 2015. The rates collected by Council from the tenants and/or owners are currently matched by Banyule Council to provide a collective annual budget of $100,000. The association has expressed a desire to see a new rate charge declared for another 5 year period commencing July 1 2015. Before Council will commence any formal consideration of a renewal, a review of the current scheme is important to identify achievements, areas for improvement and obtain important feedback from the owners and tenants on a number of aspects of the program. The distribution of this survey is just one way that will be used to get your feedback on recent and past performance as well as ideas for the future. This survey is being conducted, administered and analysed by Banyule Council with the support of the Association. Results will be shared with the association to assist in making an informed decision about the future directions and options for another 5 year program. Your feedback is very important please respond to this survey which will be provided to all tenants of the Bell St Mall Traders Association. If you have any questions please contact Nicole Maslin, Economic Development Officer on 9457 9813 or email – [email protected] . Please complete by 19 March.

1. Which of the following categories best describes your business? Please circle the number

that is most applicable).

Retail Sales 1

Personal service – Hair/beauty 2

Professional/ business service 3

Health/Medical 4

Cafe/Takeaway/restaurant/hospitality 5

Community service/not for profit 6

Other _______________________________ (Please write)

7

2. How long has your business been in operation in the Bell St Mall Shopping Centre & How

long have you owned this business (please circle the number that is most applicable)?

Business You

Less than one year 1 1

1-5 years 2 2

6 to 10 Years 3 3

More than 10 years 4 4

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3. Are you aware of the Bell St Mall Traders Association? Yes No 4. Have you attended any Trader Association Meetings in the past 12 months?

Yes No

If No, are there any reasons why? ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________

5. Are you aware of the Bell St Mall Traders Association Committee and/or the Centre

Coordinator (Stavros Zikou) for the Bell St Mall Traders Association? Yes No 6. Awareness and Importance of Marketing and Management Activities The following is a list of the top current and past marketing and management activities undertaken by the Bell St Mall Traders’ Association over the past 5 years. Could you please indicate your Awareness of activities and the Importance of activity for future (please tick for each activity)

1 – Very aware/very important 2 – Moderately aware/moderately important 3 – Minimal awareness / minimal importance

ACTIVITY Awareness Importance

1 2 3 1 2 3

Christmas Carnival (2010, 2011, 2012, 2014)

Lunar / Chinese New Year Celebration (2013, 2014, 2015)

Taste of Harmony Lunch (2010, 2011, 2012, 2013, 2015)

Ramadan Events in IFTAR and EID (2010, 2011, 2012,

2013, 2014)

Mother’s Day Promotions (2010, 2011, 2012, 2013, 2014)

Music in the Mall and Movies in the Mall (2013)

www.bellstmall.com.au website

CCTV Camera System

Graffiti Removal Program

Streetlife Funding to help improve 20 Shops (2013)

Infrastructure Improvement and Repairs in the Mall. From

Painting, repairing, replanting, paste ups, artwork on bins

http://www.bellstmall.com.au/

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7. What do you think has been the best activity that had been funded through the special rates

and charges?

____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 8. Do you have any specific ideas for marketing /management in the future?

____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________

9. Thinking about the Bell St Mall and what has been achieved over the last five years, please

tick either Yes, No, the Same or Can’t Say to each of the following:

Achievement Yes No The Same

Can’t Say

a. Communication improved amongst Businesses / Traders / Members

b. More activity in the Mall

c. Lifted the image and appearance of the Mall

d. Less Anti Social Behaviour

e. Increased Sales and Customers

f. Improved relationship with Council

g.Other……………………………………….……

…………………………………………………..…

10. Any other comments or suggestions. ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 11. Are you (please circle) a. Business owner/operator

b. Business operator

c. Business owner

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Thank you for your time. Please return this survey by either of the following-

Fax - Banyule City Council Economic Development – 9457 4690

place in reply paid enveloped and post ( no stamp required) If you require assistance in completing this survey please contact Nicole Maslin at Banyule City

Council on 9457 9813 or email [email protected]

RETURN 19 March, 2015

Details ( optional ) Bell St Mall Business Name & Address:………………………………………………………… Contact Name:……………………………………………………………………………………..

mailto:[email protected]

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Item: 4.1 Attachment 4: Attachment 4 - Pre Intent Letter


Our Ref:F2014/1831 Contact Officer Doc Id:D15/57955 Nicole Maslin Tel: 9457 9813

24 April 2015

«owners_name2» «owners_address» «owners_address2»

Dear Sir/Madam

Re: Request to renew Special Rate for the Bell Street Mall Shopping Centre

As you may be aware the current five year Special Rate scheme to collectively market and manage the Bell Street Mall Shopping Centre will expire on the 30 June, 2015. Council has received a request from the Bell Street Mall Traders’ Association (BSMTA) to commence the statutory process to declare a new Special Rate for five years to commence on 1 July 2015 and conclude 30 June 2020. The current program raises $50,000 per annum. Council also contributes $50,000 to provide a total budget of $100,000 for the purposes of marketing, business development and physical beautification of Bell Street Mall Shopping Centre. Some of the key achievements, delivered by the BSMTA for the current scheme over the past five years are;

Development and delivery of a series of events and promotions, including; Cultural Diversity Week x 5, Lunar New Year x 3, Mothers and Father’s Day Promotions x 4, Easter Colouring Competitions with local primary schools and Easter Bunny, Children’s Week Event x 3, Queensland Flood Fundraiser at Hamar Weyne Restaurant, Iftar Dinner Event x 2, Music in the Mall, Movies in the Mall, Eid Events x 3

New Bell Street Mall website and social media presence established.

Continuation of working with Council and the Department of Justice to remove graffiti in and around The Mall.

Managing CCTV incidents to assist Police, traders and the community – 32 in 2010, 54 in 2011, 35 in 2012, 21 in 2013, 22 in 2014, 4 so far in 2015 for a total of 168 incidents.

Co-ordination of Special Projects, and working collaboratively with Council, including; Mall Streetlife Project with improvements to ten shopfronts, Malahang Festivals, New litter signage (2012), NMIT car park changes & introducing a parking permit system for Traders, upgrading of Telstra phone boxes, assisting landlords with neighbouring disputes, Our Mall our Place Project , development of Bell St Mall Rules of Association, Successful Office of Multicultural Affairs and Citizenship funding applications in 2013 and 2014, helping bring Banyule digiDECL to the Mall.

…/2

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Item: 4.1 Attachment 4: Attachment 4 - Pre Intent Letter


Managing the physical environment including; Council assets via shopping centre audits: Street furniture repainted, Mall arcade new lighting, garden beds replaced, new bins, artwork on bins, paste ups in arcades, shopping centre pressure washed including Aldi side, Mall car parks painted, combating the pigeons, new bollards and Telstra pits, Mall statue walls repainted and anti-graffiti coated, new tiles and grouting in the central area.

Attracting further funding to the Mall of $86,560, comprised of; Sponsorship for events of $16,600; $66,000 in successful grants from the Office of Multicultural Affairs & Citizenship, and; Filming fees of $3,960.

The BSMTA has requested the proposed new Special Rate scheme raise $55,000 per annum to provide for a range of activities that will be identified in the 2015-2020 Bell Street Mall business plan that is currently being developed. They are also requesting that Council continue to provide a $50,000 contribution per year. The business plan will guide the expenditure of the Special Rate funds and Council’s contributions over the five year period of the scheme if it is successfully declared. If you have any specific ideas, questions or comments on the activities of the BSMTA and future plans for the Bell Street Mall you are welcome to contact President Emily Metcalfe or Centre Co-ordinator Stavros Zikou on 0414 387 187. In response to the Association’s request for Council to commence the statutory process to declare a new special rate, a notice of intention report will be presented to Council at its meeting on 25 May 2015. Following this meeting, I will write to you again outlining details of the proposed amount payable and the process for tenants and owners to provide feedback and written submissions, before Council makes its decision at a later meeting in early August. If you have any questions at this stage please do not hesitate to contact Council’s Economic Development unit on 9457 9813. Yours sincerely JOSEPH TABACCO Manager, Property and Economic Development

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Item: 4.2 Attachment 1: 'A Snaphot of Picture Watsonia' and Cover Letter


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Item: 4.2 Attachment 2: Summary of Feedback and Council's Response


Respondent No.

Summary of Feedback Council’s response

1

Agree with many ideas in Picture Watsonia including.

o The need for more artwork, however it needs

to be of high quality. Consider a mural.

o Lighting could be used to transform the

Pylons into more interesting objects.

o More tree planting is needed

o Watsonia could benefit from a park for local

festivals, entertainment and gatherings.

A photographic competition set up by a local artist could be done in Watsonia to get people interested in their local community.

Thanked the submitter for their support and suggested that they might like to get in contact with Council and others in the community about becoming involved in the delivery of some of these ideas. Further discussions have been had with the respondent have been had about the organisation of a photography competition.

2 Concerned raised about the cleanliness and upkeep of the Watsonia toilet block.

The Watsonia toilet will be monitored to ensure that it is being cleaned appropriately in accordance with the current level of service. The funding for toilet cleaning was increased in the 2014/15 budget to increase the level of service for toilet cleaning to 7 days per week (up from 5 days) at the 8 main shopping centre locations which includes Watsonia. The draft 2015/16 council budget proposed to undertake the first stage of a Public Toilet Strategy that will review all the public toilets across the municipality to establish the whether our existing level of service is appropriate.

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3

Raised concern about the safety of people using footpath dining. A barrier could be installed to stop cars from accidentally driving forward from the car parks and up onto the footpath.

The footpath, kerb and the angled parking in the current Watsonia streetscape project have been designed to minimise the risk of cars accidently mounting the footpath. To further improve the safety of this section of the road, the design also incorporates a new median strip between Lambourn Road and Black Street that will regulate the traffic flow in Watsonia Road and prevent cars from taking U-turns and accidently speeding. In accordance to Banyule’s Footpath Trading guidelines any outdoor seating needs to be offset by a minimum of 600mm from the back of kerb. Installation a row of bollards would further limit the usable footpath space for outdoor seating. Council is currently in discussion with VicRoads to reduce the speed limit in the Watsonia Shopping area to 40km/hour, which if approved by VicRoads will further assist in reducing the traffic speed in the area.

4 Raised concerns about:

Issues with the computer system in Watsonia Library since the upgrade.

The safety issues for motorists and pedestrians

The number of disabled car parking spaces provided near the library.

Concerns with the Watsonia Library have been further managed by the Watsonia Library staff and have been resolved. Council is continuing traffic and engineering analysis to more clearly understand traffic and car parking issues for Watsonia. Council is also working with VicRoads to improve the experience of the activity centre, including working to change the speed limit of the Watsonia Road strip to 40 km/hr. The completion of the second stage of the streetscape upgrades for Watsonia Road will also improve safety by widening footpaths and improving the designated pedestrian crossings in Watsonia Village. The Building Code of Australia specifies the number of accessible (disabled) parking spaces required and the provision of accessible spaces in Watsonia Village currently exceeds this requirement. Drivers with a relevant permit may also park in any other time restricted space for twice the time limit.

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5 Expressed interest in become involved with the planning of Picture Watsonia

While public consultation for the development of Picture Watsonia has been completed, Council is still interested in hearing ideas from the community on how the area can be improved. A review of the ideas in Picture Watsonia may reveal whether ideas are shared with others, or may inspire the community to become involved in the delivery of the vision. Council’s Strategic Planning team can then be contacted to discuss how the community can be involved.

6 A mural on the exterior wall of shops targeted by graffiti could deter tagging and emphasise a ‘sense of wow’.

This idea is being further considered by Councils Economic Development team.

7 Expressed excitement about the future plans.

Watsonia needs more culture.

Agreed that:

o More tree planting will make the place look

beautiful and inviting.

o Turning the pylons into sculptures is a good

idea that would put Watsonia on the map for being unique.

o More restaurants that stay open late are

needed.

Seating, plants and a weekly market could be provided in the easement near the RSL.

The presentation of shopfronts could be improved

Thanked the submitter for their support and suggested that they might like to get in contact with Council and others in the community about becoming involved in the delivery of some of these ideas.

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Item: 4.3 Attachment 1: Plans


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Item: 4.3 Attachment 2: Policy Detail


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Item: 4.3 Attachment 2: Policy Detail


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Item: 4.3 Attachment 3: Discussion of potential benefits and harms


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Item: 4.3 Attachment 4: Socio-Economic Impact Statement


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Item: 4.3 Attachment 5: Banyule Electronic Gaming Machine Policy 2014


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6.2

Item: 6.2 Attachment 1: Summary Scenarios for the MAV WorkCare Scheme and Council

Options


SUMMARY - SCENARIOS FOR THE MAV WORKCARE SCHEME AND COUNCIL OPTIONS

Option Positives Negatives

1. Do NOT sign

the Participation

Agreement.

Consider joining

at Year 4.

Sch

em

e f

ails

*

- no change to existing WorkCover

arrangements; existing relationship

with Agent continues

- any drop in performance by Agent

is rectified, or Council can change

Agent, at most, one year from

unsatisfactory performance

- no call on Council if this is made

at the conclusion of Year 3 of the

initial self-insurance licence

- 15% rebate on current

WorkCover premium is

“forfeited”

- Council does not receive savings

on under-excess claims costs

arising from the “ground-up”

claims model

- Perception of lack of support /

solidarity with Local Government

sector

- “Forfeit” benefit of one industry

rate applied across all Council

workplaces

2. Do NOT sign

the Participation

Agreement.

Consider joining

at Year 4.

Sch

em

e s

ucc

ess

ful

- Scheme proves its worth prior to

Council committing for a four-

years+ arrangement

- Members’ OHS and claims

performance improves across the

first three years - the premium

model on joining at Year 4 may be

even more favourable

- Early benefits of Scheme missed

(see estimated three-year

savings, below)

- Perception of lack of support /

solidarity with Local Government

sector

- Scheme may be closed off to

new participants (worst case

scenario)

3. SIGN the

Participation

Agreement.

Sch

em

e f

ails

*

- The indicative 15% saving on

2014/15 premium, plus the under-

excess cost savings signalled are

achieved (Approx. $0.5m saving

across three years of the Scheme)

- OHS improvements and initiatives

of the Scheme still applicable for

any injury prevention programme -

inside or outside the WorkCare

Scheme

- Council will retain a separate

certification system with its

benefits and recognition

- Council enjoys a productive and

close relationship with its current

Agent, (with the best return-to-

work rating, as assessed by the

VWA).

- The actual performance and

premium savings of MAV

WorkCare cannot be known until

the scheme is operating.

- OHS performance of the

Scheme does NOT improve;

ongoing savings are not achieved.

- A call is made on Members at

the conclusion of the initial three-

years - any amount Council would

be required to pay may outweigh

previous savings

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6.2

Item: 6.2 Attachment 1: Summary Scenarios for the MAV WorkCare Scheme and Council Options


4. SIGN the

Participation

Agreement.

Sch

em

e s

ucc

ess

ful

- The indicative 15% saving on

2014/15 premium, plus the under-

excess cost savings signalled are

achieved (Approx. $0.5m saving

across three years of the Scheme)

- The Scheme provides ongoing and

underlying WorkCover premium

savings, reducing Council’s on costs

- The Claims management and OHS

initiatives are effective, and

ongoing improvements in these

areas occur

- Underlying actuarial

assumptions and modelling

adversely affected by the specific

make-up of member Councils

- Management of the Scheme by

MAV / JLTA proves

unsatisfactory, but Council is

locked into a seven-year service

agree-ment; time and effort

spent on rectifying this rather

than injury prevention and claims

management

- Liabilities worsen, and a call or

similar mechanism is used to

ensure cash reserves/financial

position are maintained

* “Scheme fails”: The WorkCare Scheme:

- is NOT viable, based on those councils that join at 29th

May 2015; or

- the initial three-year licence is NOT granted by WorkSafe Victoria; or

- the subsequent licence (from Year 4) is NOT granted by WorkSafe.