banyule city council agenda 17 november 2014

Ordinary Meeting of Council

Council Chambers, Service Centre

275 Upper Heidelberg Road, Ivanhoe

17 November 2014 commencing at 7.45pm

Following the public forum commencing at approximately 7.30pm and may be extended 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 Cr Steven Briffa Presentation A presentation will be made regarding the 100 Faces Project. This project is a children’s week initiative which provides children with an opportunity to share with Council their views on Banyule. Confirmation of Minutes Ordinary Meeting of Council held 10 November 2014

Disclosure of Interests Nil

1. Petitions

1.1 1-5 Westley Avenue, Ivanhoe and 2 Ivanhoe Parade Ivanhoe in Relation to Deficient Parking Spaces ..................................................................... 3

REPORTS:

2. People – Community Strengthening and Support

2.1 Festive Celebrations ............................................................................................... 5

AGENDA (Cont’d)

Ordinary Meeting of Council - 17 November 2014

2.2 Banyule Bullying Forum ......................................................................................... 9

2.3 Heidelberg Stars Soccer Club ............................................................................... 11

3. Planet – Environmental Sustainability

Nil

4. Place – Sustainable Amenity and Built Environment

4.1 Asset Management Policy .................................................................................... 17

4.2 School Crossing Superviser Program Update ....................................................... 20

5. Participation – Community Involvement in Community Life

Nil

6. Performance - Use Our Resources Wisely

6.1 Proposed General Local Law No. 1 (2015) ........................................................... 27

6.2 Assembly of Councillors ........................................................................................ 36

7. Sealing of Documents

7.1 Sealing of Documents ........................................................................................... 39

8. Notices of Motion

Nil

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:

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

Closure of Meeting

1.1

Petitions


1.1 1-5 WESTLEY AVENUE, IVANHOE AND 2 IVANHOE PARADE IVANHOE IN RELATION TO DEFICIENT PARKING SPACES

Author: Andy Wilson - Team Leader - Development Planning, City Development

Ward: Griffin

File: P849/14

EXECUTIVE SUMMARY A petition with 68 signatures has been received from residents, 38 of which are from Ivanhoe. Other residents are located in Eaglemont, Heidelberg Heights, Heidelberg West and Heidelberg and further afield including Rosanna, Watsonia, Viewbank, Greensborough, Eltham, Alphington, Preston, Thornbury, Mill Park, Warrandyte, Lower Templestowe, Wattle Glen, Taylors Hill, Black Rock and Broadford. The petitioners have raised concerns regarding the reduction of car parking sought by for the development of 1-5 Westley Avenue and 2 Ivanhoe Parade, Ivanhoe. The petition prayer is as follows: “We the undersigned respectfully pray that the Mayor and Councillors of the City of Banyule take into account our concerns regarding the reduction in parking spaces sought by the developer, when assessing Planning Application P849/2014 1-5 Westley Avenue and 2 Ivanhoe Parade Ivanhoe. It is already difficult obtaining parking in the vicinity.”

DISCUSSION

A planning permit application for development at 1-5 Westley Avenue and 2 Ivanhoe Parade is currently being considered by Council officers. The proposal includes 160 apartments and a convenience shop. In addition, the applicant has sought a car parking reduction of 38 spaces. The extent of car parking reduction proposed on site and the existing traffic and parking conditions in the locality must be considered as part of the assessment of planning permit application P849/14. Council’s Development Planning department will continue to assess the application in accordance with the Banyule Planning Scheme in consultation with Council’s traffic engineers.

RECOMMENDATION

That Council 1. Receives and notes the petition. 2. Consider the concerns raised in the petition as part of the assessment of the

planning permit application P849/14.

ATTACHMENTS

1.1

Petitions

1-5 WESTLEY AVENUE, IVANHOE AND 2 IVANHOE PARADE IVANHOE cont’d


Nil

2.1

People – Community Strengthening and Support


2.1 FESTIVE CELEBRATIONS Author: Karen Taylor - Functions Contracts CoOrdinator, Community Programs

File: BS02/035/010

EXECUTIVE SUMMARY

At the Ordinary meeting of Council on the 20 May 2013, Council resolved the following:

“That:

1. to better recognise the Festive Season, Council undertake an investigation of how to highlight the two principle Council buildings. They being the Heidelberg Town Hall in Ivanhoe and Watermarc in Greensborough;

2. the investigation take into consideration the views and plans of the local shopping centre’s Committees of Management for the Ivanhoe and Greensborough Shopping centres respectively;

3. possible sources of funding or “in-kind work” also be part of the investigation.”

The Heidelberg Town Hall is heritage listed building and is a key land mark within the municipality. WaterMarc, while not heritage listed, is also a key landmark within the municipality. Given the current construction at the beginning of the Greensborough Walk and the proposed future expansion of the WaterMarc building, officers are recommending that any Christmas decorations at this site be considered during any future detailed design phase of the redevelopment. There are a number of decoration options available for Council to consider which will determine the level of investment required. These options are further explored within the report. It should be noted that there will also be an ongoing annual cost associated with each option to install, dismantle, store and maintain the Christmas decorations. The Ivanhoe Traders Association are working closely with Council’s Economic Development area and are currently gaining quotes from suppliers to refresh the current decorations in all shopping centres across the municipality. The estimated cost associated with the installation of Christmas decorations within Council’s shopping centres and key municipal landmark buildings would need to be a consideration of future budget deliberations.

OFFICER DECLARATION OF CONFLICT OF INTEREST

Section 80C of the Local Government Act 1989 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.

2.1


FESTIVE CELEBRATIONS cont’d


CITY PLAN

This report is in line with Council’s City Plan key direction to “celebrate and promote Banyule’s diversity and heritage”.

BACKGROUND

The Heidelberg Town Hall is heritage listed building and is a key land mark within the municipality. WaterMarc, while not heritage listed, is a key community facility with a high participation rate. In the past The Heidelberg Town Hall has displayed lights on the top of the building and around the tower to celebrate the festive season however this has not occurred for many years. Council collects a special rate against properties within the shopping centres and then redistributes this special rate (with additional funding from Council) to each of the Traders Associations for marketing and promotional purposes. In the past the Traders Associations have paid for Christmas decorations within the shopping centres, however these decorations are aging and need to be refreshed.

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.

CURRENT SITUATION

Officers have sourced a number of quotes for the supply, installation and display of large exterior Christmas Decorations for the Heidelberg Town Hall. Suppliers engaged during the quotation phase have previous experience in the supply of large exterior Christmas decorations to many municipalities throughout Australia. The Heidelberg Town Hall The uniqueness of the Heidelberg Town Hall building features and its stand-alone location makes it an ideal proposition for purpose scaled and unique custom decorations and lighting that will complement the landmark status of the building. The building is used for public and private functions of all types and occasions and has been carefully preserved both inside and out. With this in mind and noting its heritage listing, the application of decorative and lighting elements should not only be spectacular and attractive but be installed and fixed securely in a manner that does not impinge on its functionally or damage any of its heritage features. It should be noted that additional infrastructure will be required including power supply outlets, support and an anchoring systems. This extra equipment is yet to be costed and additional detailed design will occur once Council has provided in principle support for the project. This detailed design will include consultation with Council’s Building Maintenance team and experts from Heritage Victoria in order to obtain the necessary approvals.

2.1




WaterMarc Given the current construction at the beginning of the Greensborough Walk and the proposed future expansion of the WaterMarc building, officers are recommending that Christmas decorations at this site should be considered during any future detailed design phase of the redevelopment. This will ensure the necessary anchor points and power supply are included. Traders Associations The Ivanhoe Traders Association are working closely with Council’s Economic Development area and are currently gaining quotes from suppliers to refresh the current Christmas decorations at shopping centres across the municipality. Once these quotes have been received, Economic Development will provide further information to Council for consideration within the 2015/16 budget process.

FUNDING IMPLICATIONS

There are a number of decoration options available for Council to consider which will determine the level of investment required. Table 1 below provides the costing of each decoration shown on Attachment One. Table 1: Break down of Individual Decorations – Year 1.

ITEM PURCHASE COST

INSTALLATION DISMANTLE

Clock Tower Wreaths/lighting/decorations/lighting/wiring x 3 units

$45,000.00

$10,800.00

$10,800.00

Fascias Bauble/ribbon clusters x 4 units Up lights projectors x 12 units (these will be a permanent installation for all year round use)

$17,600.00 $ 7,200.00

$ 8,200.00 $ 1,000.00

$ 8,200.00

Lighting of Live Trees 6 x small trees & 2 x large trees

$10,800.00

$ 7,200.00

$ 7,200.00

Storage for all decorations

$ 5,600.00

Sub Totals

$86,200.00 $27,200.00 $26,200.00

Table 2 below includes an indication of the ongoing cost over a three year period assuming all of the decoration options are taken up. Table 2: Costing per year

Year 1 Purchase, install and dismantle

$139,600.00 plus GST

Year 2 Maintenance Install/Dismantle/Storage Total

$ 3,500.00 $65,600.00 $69,100.00 plus GST

2.1




Year 3 Maintenance Install/Dismantle/Storage Total

$ 4,500.00 $67,500.00 $72,000.00 plus GST

CONSULTATION

Officers have undertaken internal consultation with Council’s Economic Development department and determined that the Traders Associations are also undertaking a project to present costings to Council regarding upgrade of Christmas decorations at all shopping strips across the municipality. If Council wish to pursue the Traders Christmas Decoration project, further consultation with all Traders Associations will be required and the overall cost should be considered within the 2015/16 budget process.

CONCLUSION

There are currently two areas of investigation occurring in relation to Christmas decorations within the municipality. The estimated cost associated with the installation of Christmas decorations within Council’s shopping centres and on key municipal landmark buildings should be considered during the 2015/16 budget process.

RECOMMENDATION

That Council refer cost estimates for Christmas decorations for the Heidelberg Town Hall to the 2015/16 budget for consideration.

ATTACHMENTS

No. Title Page

1 Example of Ivanhoe Town Hall Christmas Decorations 42

2.2



2.2 BANYULE BULLYING FORUM Author: Frances Gianinotti - Youth & Community Services Co-Ordinator,

Community Programs

File: F2014/314

EXECUTIVE SUMMARY

At the Ordinary meeting of Council on the 2 December 2013, Council resolved the following:

“That Council: 1. Write to all primary and secondary schools in Banyule as follows:

(a) to encourage their ongoing commitment to making schools bully free and to thank them for their efforts to date in tackling this important social issue; (b) to advise schools that they can contact the relevant Council business units to seek advice on links into support services and to seek advice as required.

2. Conduct a forum in 2014 on the issue of bullying, the forum to invite key stakeholders to discuss a range of strategies that will encourage a bully free Banyule community.” Letters were issued to schools in early 2014 commending them on their current efforts to eradicate bullying and offering them additional support should they require it. A forum “Tackling Bullying in our Community was held on 27 August 2014 hosted by the Youth Services Team with approximately 100 people in attendance. The forum received excellent feedback from those who attended.



CITY PLAN

This report is in line with Council’s City Plan key direction to “develop and promote safety and resilience in our community”.

2.2


BANYULE BULLYING FORUM cont’d


BACKGROUND

In response to the Council resolution of 2 December 2013, a letter was distributed to all schools within Banyule signed by the Mayor Councillor Craig Langdon in early 2014 commending them on their current efforts to eradicate bullying and offering them additional support should they require it.

On the 27 August 2014 Council’s Youth Services hosted a forum entitled “Tackling Bullying in our Community”. The event, attended by over 100 people, was opened by Bully Zero ambassador and the Mayor, Councillor Craig Langdon alongside Councillor Steve Briffa. The participants heard from keynote speaker and bestselling author Dr Evelyn Field, alongside panellists Oscar Yildiz (CEO Bully Zero Australia Foundation), Vita Catalano (Beyond Blue Ambassador) and Amy Bryans (Youth Parliament member) who discussed strategies and answered questions from the audience.

Bullying can have serious and long term impacts on individuals, organisations and communities, and can be detrimental to a person’s mental and physical health with victims experiencing significant social isolation and loss of self-esteem, feelings of shame and anxiety, concentration and learning difficulties. Research shows that bullying is one of the major reasons children and young people contact help lines and leave schools, and at least one in five children will be bullied. Dr Evelyn Field and Oscar Yildiz provided advice on how to support children and young people including the importance of resilience and practical relating skills, while Vita Catalino shared her personal experiences with bullying. A number of Youth Services staff were present on the evening in order to offer support and referral information around this serious topic, and resources were sourced and provided to those attending the event. Twelve leading organisations represented the material available to those attending the event. In the lead up to the forum Banyule Youth Services staff put together the best resource examples as well as developing a series of assistance fact sheets which were made available online at www.banyuleyouth.com/bullying. This page will be maintained with current information updated regularly to ensure that Banyule families can access appropriate assistance and resources. Feedback from those attending the event has been excellent. An example from a participant is: “I thought the evening was very well organized with great resources including the wonderful speaker Evelyn Field”.

RECOMMENDATION

That Council notes the report and continues to make information and fact sheets available on the topic of Bullying through its online resource.

ATTACHMENTS

Nil

http://www.banyuleyouth.com/bullying

2.3



2.3 HEIDELBERG STARS SOCCER CLUB Author: Allison Beckwith - Director - Community Programs, Community Programs

File: F2014/492

EXECUTIVE SUMMARY

At the Ordinary meeting of Council on the 4 August 2014, Council resolved the following:

“That a report be presented to Council to consider options to support the Heidelberg Stars Soccer Club in their endeavours to provide training equipment, safety equipment and canteen equipment.”

Council has provided a number of support funding to assist the Heidelberg Stars Soccer Club in its operations and management to assist the club with its establishment. Council is currently undertaking works on the redevelopment of the Cartledge Reserve Pavilion which is home to the club with a detailed design having being completed for Stage One of the project. This project will include upgrade to existing change rooms and the addition of two new change areas and first aid room. Upgrade to amenities both internally and externally and the creation of a larger storage area. This project is anticipated to commence in mid-2015. It is anticipated that a lighting upgrade on the sporting reserve will also be undertaken with support from both the State and Federal Government. The report identifies a number of potential funding sources that may be suitable to assist the club with canteen equipment, sports equipment and uniform supply.



CITY PLAN

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

BACKGROUND

The Heidelberg Stars Soccer Club (HSSC) was established in 1998 fielding one junior soccer team. The club’s members are mostly of African Somalian background and the club has seen rapid growth since its establishment now fielding six junior teams and three senior teams. The club is recognised for its family friendly environment and has a goal to be the best youth development soccer club in the

2.3


HEIDELBERG STARS SOCCER CLUB cont’d


area. It strives to provide superior coaching, training facilities and equipment but is very limited in its resources to achieve this. Funding Support from Council Since its establishment of the Club, Council has provided a number of funding supports to assist the HSSC in its operations and management to assist the Club with its establishment. These funding supports have been provided through reduction of rental fees for the Clubs seasonal allocations during its establishment years, the provision of wards funds to support operational cost and the club has been successful in obtaining a community development grant for soccer equipment. A detail of support provided to the club is tabled below:

Item Description Waiver of Fees

Funding Received

Seasonal Allocations Fees

No fees charged between 1998 and 2006 to assist in the establishment and development of club

$1,600.00

Reduction in fees 2007 - 2011

$1,272.00

Ward Funding 2010 - Purchase new uniforms

$1,000.00

2011 – Transportation costs

$2,000.00

2012 – Season ground hire fees

$2,076.00

2012 – Presentation Night catering

$1,800.00

Community Development Grants

2013 – Soccer equipment $1,650.00

Total

$2,872.00 $8,526.00

2.3




Locality 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. It is considered that the subject matter does not raise any human rights issues.

CURRENT SITUATION

Council has currently allocated $433,000 towards the redevelopment of the Cartledge Reserve Pavilion which is home to the HSSC. Detailed design has been completed for Stage One of this project. Council will consider a further allocation towards this project of $417,000 during its 2015/16 budget deliberations to finalise Stage One construction. The project will include an upgrade to existing change rooms and the addition of two new change areas and first aid room. Upgrade to amenities both internally and externally with the creation of a large storage area. This project is anticipated to commence in mid-2015. Council was also successful in receiving funding from State Government of $75,000 and Federal Government $50,000 towards a lighting upgrade of the sporting reserve located at the site. Council is considering an allocation of $175,000 towards the project in its 2015/16 budget deliberations with the commencement of these works expected in mid to late 2015.

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%3A%2F%2Fvscmaps.wr.usgs.gov%2Fyellowstone%2Fdefault.aspx&ei=aG5ZVP-hBoKdmwWCp4GICA&bvm=bv.78677474,d.dGY&psig=AFQjCNECvzI6pjThSUM2s5hHTrgatPrHbA&ust=1415233501704256

2.3




Funding Opportunities: Banyule Community Development Grants: The next round of Community Development Grants will open in February 2015 and the current funding criteria allows for applications to be made for equipment purchases for up to $5,000. There are also some external funding sources that may be suitable to assist the club with their requirements. VicHealth Active Club Grants Program: VicHealth recognises that there are costs associated with participating in sport, including the purchase of sporting equipment. These costs can prevent people from participating in sport, or trying new sporting activities. VicHealth aims to remove this barrier to participation by assisting clubs with the purchase of essential sporting equipment. This funding round opens on 12 January 2015 and closes 13 February 2015. Grants of up to $3,000 are available for:

Sports injury prevention and management equipment

Essential sporting equipment/items.

Priority will be given to applications from clubs/organisations who can demonstrate that an Active Club Grant will increase opportunities for regular physical activity in their community. Department of Transport, Planning and Local Infrastructure - Sporting Uniforms: The Sporting Uniform funding program provides grants of up to $1000 to assist in the purchase of sports uniforms. This program provides funds for activities that support Victorian community-based clubs to deliver sport and active recreation opportunities. The funding round opens 25 November 2014 until Thursday 5 February 2015. The Sporting Uniform Grants Program will not fund uniforms that have already been purchased prior to the closing date of the funding round.

CONCLUSION

There are a number of funding opportunities that would be available to assist the Club with financial support for canteen equipment, sporting and safety equipment and supply of uniforms. Council’s Leisure Services Team would be able to assist the Club with information regarding application processes to the various funding bodies.

RECOMMENDATION

That Council: 1. Consider an allocation in the 2015/16 Budget for $175,000 towards the sport

field lighting upgrade at Cartledge Reserve as a requirement of matching funds received from both State Government ($75,000) and Federal Government ($50,000) towards the project.

2. Continue to work with the Heidelberg Stars Soccer Club in in their endeavours to provide training equipment, safety equipment and canteen equipment through upcoming funding opportunities.

2.3




ATTACHMENTS

Nil

4.1

Place – Sustainable Amenity and Built Environment


4.1 ASSET MANAGEMENT POLICY Author: Kevin Gallagher - Assets Co-ordinator, Assets & City Services

File: BS08/005

EXECUTIVE SUMMARY

The Asset Management Policy was last adopted by Council in June 2009 and requires regular review. A review has been undertaken, the basic principles of the Asset Policy have not changed since the last adoption. The wording and diagrams have been updated where necessary and the details are more concise than the previous version. The Asset Management Policy defines the key principles that underpin asset management and addresses the actions required to implement asset management and together with the associated strategy and asset management plans will allow for:

Better allocation of limited council resources.

Improved alignment of assets with services and community expectations.

Reduced demand for new council assets through better integration of service planning and asset planning.

More effective use and maintenance of existing council assets.

Improved processes and accountability for capital and recurrent works The Asset Management Policy will be followed by a number of Asset Management category plans and the Asset Strategy documents that will be tabled before Council for consideration and adoption over the coming months.


Section 80C of the Local Government Act 1989 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.


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.

CITY PLAN

This report is in line with Council’s City Plan key direction to “maintain and improve Banyule as a great place to live”.

4.1


ASSET MANAGEMENT POLICY cont’d


BACKGROUND

Banyule City Council owns and manages a diverse range of assets that currently are valued in excess of $800 million. These assets include roads, pathways, buildings, drainage, playgrounds and a range of other ancillary assets that help Council deliver services to its Community.

Asset Policy, strategy and related asset category plans are necessary to better understand the age, condition and funding resources required to keep these assets in serviceable condition that is acceptable to the community. The Policy establishes the high level position for Asset Management implementation. It defines the key policy principles that underpin asset management and addresses the drivers and objectives, and the actions required to implement asset management across the organisation. In summary the key principles of the Policy and Objectives are:

Policy Statements Objectives Financial Management Asset renewal programs will be incorporated into the

4 to10 year capital works plan

Link to the Strategic Resource Plan and Long-Term Financial Plan (LTFP)

Consistency between asset inventories and financial reporting

Operations and maintenance budgets will be based on the levels of service

Community Participation Levels of service based on community expectations

Best Practice Defined levels of service

Reporting and reviews

Data management

Training

Public Safety – Risk Management Risk management approach when assessing levels of service to ensure Public Safety

Governance Banyule’s city plan objectives

Long-term strategic & financial planning

Organisation visions and objectives

Environment and Social Seek opportunities for sustainable improvement of assets

Note that the details of the above table are available in the body of the Asset Management Policy.

The updated Policy document has been reviewed by the key internal stakeholders and endorsed by executive management for Council’s consideration.

COMMUNITY INPUT

The Policy document was advertised for community input via an article in the July- August Banner and on Council’s web site in July with public comment closing date of end August 2014. No comments were received from the Banyule community.

CONCLUSION

The readoption of the updated Asset Management Policy will lead the way for the ongoing development of detailed asset categories plans to determine asset renewal expenditure for Council’s major infrastructure assets over the next 10 years.

4.1


ASSET MANAGEMENT POLICY cont’d


RECOMMENDATION

That Council adopts the Asset Management Policy. 1.

ATTACHMENTS

No. Title Page

1 Asset Management Policy 45

4.2



4.2 SCHOOL CROSSING SUPERVISER PROGRAM UPDATE

Author: Bailey Byrnes - Transport Engineer, City Development

File: F2014/141

Previous Items Council on 18 November 2013 (Item 4.2 - School Crossing Update)

Council on 17 December 2012 (Item 4.2 - School Crossing Supervisor Program)

EXECUTIVE SUMMARY

Council is responsible for the ongoing review of the school crossing program, including the operation of 58 supervised school crossings throughout the municipality. Each site must be reviewed by Council against the appropriate warrants every three years in order to obtain a subsidy from the State Government to offset some of the costs associated with the crossing supervision. This year, five of the 35 sites requiring reassessment were identified as not meeting the warrants for ongoing crossing supervision. Council has made previous resolutions on four of these sites. It is suggested to retain the supervision at these sites in line with Council’s previous resolutions. The remaining site is proposed to remain for safety reasons. During the school crossing review process, requests were received from Ivanhoe Primary School for the provision of a school crossing supervisor at the existing zebra crossing in Livingstone Street, Ivanhoe. The site met the warrants for a school crossing supervisor, and it is proposed for the site be included in the 2015/16 application to VicRoads for a school crossing supervisor subsidy. It is further proposed that the site be supervised from the start of the 2015 school year.



CITY PLAN

This report is in line with Council’s City Plan key direction to “support sustainable transport”.

BACKGROUND

Council is responsible for the ongoing review and installation of school crossings throughout the municipality. This includes the operation 58 supervised school crossing locations throughout the municipality. Each year the State Government provides a subsidy to Council to offset some of the costs of the supervision at sites that meet specific warrants. Council must submit an application for this subsidy to the State Road Authority (VicRoads). The application requires that each school crossing site is reassessed against the appropriate warrants every 3 years.

4.2


SCHOOL CROSSING SUPERVISER PROGRAM UPDATE cont’d


In accordance with VicRoads guidelines for school crossings, an unsupervised crossing is warranted where 20 or more students cross the road and the traffic volume exceeds 50 vehicles during any hour on a normal school day. For a supervised children’s crossing to be warranted for a primary school, the number of children crossing at the crossing (minimum 20) multiplied by the number of vehicles (minimum 100) must exceed 5,000. For a supervised children’s crossing to be warranted for a secondary school, the number of children crossing at the crossing (minimum 20) multiplied by the number of vehicles (minimum 250) must exceed 25,000. This year five of the 35 sites requiring reassessment have not met those warrants. As such these sites are unlikely to receive subsidy from VicRoads. Under Council’s school crossing policy these sites are now at risk of losing their school crossing supervisors. Of these five sites, four have previously been considered by Council. This report details the results of this year’s subsidy assessment and considers in detail the additional site not meeting the warrants. During the review process Council received one request for a school crossing supervisor at an existing pedestrian crossing on Livingstone Street, Ivanhoe. This site is outlined below.

DISCUSSION

2014/15 Supervisor Subsidy from VicRoads The subsidy funding for the 2014/15 financial year has not yet been announced by VicRoads. In October 2013, Council applied for subsidy funding for 62 supervisors at 58 crossing sites in the municipality. Of the 58 sites, 51 met the warrants for subsidy funding. Seven (7) sites failed to meet the warrants for ongoing supervision; however they were included in the submission. A list of all the sites in the submission is provided at Attachment 1. 2014/15 Gap Sites The crossings at Dundee Street, Watsonia North, Plenty Road, Bundoora and Greenwood Drive, Bundoora have previously not met the warrants for a subsidy from VicRoads. These sites have been funded by Council in full for a number of years. Pedestrian counts undertaken this year indicate that the warrants are now met, and are now eligible for a subsidy from VicRoads. While the subsidy for the 2014/2015 year has not yet been confirmed, these sites did not meet the warrants in the 2014/2015 subsidy application to VicRoads, and may not receive a subsidy for the current financial year. Should a subsidy not be received for these sites, they should be funded by Council in full for the 2014/15 financial year. 2015/16 Subsidy Application to VicRoads Application for subsidy funding for the 2015/16 financial year is currently being prepared in line with VicRoads requirements, and will be forwarded to VicRoads following the confirmation of the 2014/15 subsidy. The application will request a subsidy for 63 supervisors at 59 sites. This includes one new school crossing supervisor at an existing zebra crossing in Livingstone Street, Ivanhoe, discussed later in this briefing note. The subsidy application will also include five sites that failed to meet the warrants for ongoing supervision.

4.2




Further details on the subsidy application are included at Attachment 2. Sites Not Meeting Numerical Warrants The five sites that have not met the minimum warrants through this year’s assessment are detailed in Table 1. Table 1 – Sites Failing the School Crossing Warrants

No. Road Name

Nearest Intersecting Road

Name of School Served

Ward Status

1 Rattray Road

b/w Looker Rd/Sylvan St

Montmorency P.S.

Hawdon

Currently Funded for safety reasons, though failed warrants.

2 Grimshaw Street

Greensborough Bypass

St Mary's P.S. Grimshaw/ Bakewell


3 Wungan Street

b/w Portree St/Highview Sts

Macleod College

Ibbott


4 Fernside Avenue

b/w Hyacinth St/Outlook Cres

Sherbourne P.S.

Beale

Funding agreement with School (Entering third year), though failed warrants

5 Mountain View Road

South of Campbell Road

Briar Hill P.S Beale Failed pedestrian warrants

Of these sites, four sites have been considered by Council in previous resolutions. It was noted in these resolutions that:

The sites at Rattray Road, Grimshaw Street and Wungan Street continue to warrant crossing supervision due to road safety concerns.

Sherbourne Primary School has previously committed to contributing funding for the Fernside Avenue school crossing supervisor in the absence of a subsidy being provided by VicRoads. This arrangement will be confirmed with the school should a subsidy not be granted in 2014/15.

It is proposed to retain the supervision at these four sites in line with Council’s previous resolutions. The school crossing at Mountain View Road is the only existing site that failed to meet the warrants for ongoing supervision. This site is discussed in detail below. It should be noted that there will be workforce impacts should Council consider not funding any of the sites that do not meet the warrants, and subsequently remove the supervisor from the site. Council’s school crossing supervisors are staff members of Council and employed in part time or temporary capacity. The removal of a school crossing supervisor from a site has significant impacts on the staff member involved, particularly as many of them are often specifically attached to the site they supervise. Further, and significantly to this, removal may lead to possible staff redundancy if an alternate site is not available.

4.2




Mountain View Road, Briar Hill (Beale Ward) The school crossing is located mid-block along Mountain View Road, a collector road in Briar Hill. The site serves students from Briar Hill Primary School which is located 80m south west of the crossing, via Briar View Lane. A locality plan is provided in Figure 1. Table 2 details the results of the five most recent pedestrian and vehicle counts at this location.

Figure 1 – School Crossing – Mountain View Road, Briar Hill

Table 2 - Pedestrian and Vehicle Data, Mountain View Road, Briar Hill

Date Pedestrians Vehicles Multiple

Wednesday, 29 Oct 2014 18 545 9,810

Wednesday, 17 Sep 2014 10 460 4,600

Friday, 6 Jun 2014 7 448 3,136

Tuesday, 5 Oct 2010 21 594 12,474

Tuesday, 27 Oct 2009 16 785 7,760

Warrants

Unsupervised School Crossing 20 50 -

Supervised School Crossing (Primary School) 20 100 5,000

In accordance with VicRoads guidelines for school crossings, a school crossing supervisor is warranted where the number of primary school children crossing at the crossing (minimum 20) multiplied by the number of vehicles (minimum 100) must exceed 5,000. An unsupervised school crossing may be provided where the number of children school children crossing at the crossing exceeds 20, and the number of vehicles crossing at the crossing exceeds 50.

School Crossing Location

4.2




The results indicate the number of pedestrians falls below the minimum requirements for the provision of a school crossing supervisor. The site also does not meet the requirements for an unsupervised school crossing Observations during school drop-off and pick up times indicated that, due to the traffic volumes along Mountain View Road during these times, it is difficult to obtain a sufficient gap between vehicles to allow crossing. This is particularly difficult for young children who can have difficulty judging such things. Furthermore, sight distance on the approach to the crossing is restricted, particularly for pedestrians crossing from the north east side of the crossing towards the school. VicRoads crash statistics database indicates that there have been no pedestrian related crashes on Mountain View Road in the past five (5) years. There is a history of pedestrian numbers falling below the numerical warrant at this school crossing during peak school times. However, vehicle volumes during the operation of the school crossing are high, and there are no controlled crossing points (such as pedestrian operated signals) in the vicinity. It is recommended that in accordance with the Banyule School Crossing Supervisor Policy, supervision at the school crossing be retained on safety grounds. It is noted that the pedestrian numbers fall just short of the warrants required to obtain a subsidy for the school crossing supervisor. It is recommended Council work with Briar Hill Primary School to encourage walking as a means to access the school. New Supervised School Crossing Requests were received from Ivanhoe Primary School and the wider community seeking Council to investigate the provision of a school crossing supervisor at the existing zebra crossing on Livingstone Street, Ivanhoe, between Waterdale Road and Tate Street. A locality plan demonstrating Ivanhoe Primary School and the zebra crossing is shown in Figure 2. Pedestrian and vehicle counts were undertaken on Livingstone Street in October 2013. The results of this count are noted in Table 3. Table 3 - Pedestrian and Vehicle Data, Livingstone Street, Ivanhoe

Date Pedestrians Vehicles Multiple

Thursday, 31 October 2013 33 988 32,604

Warrants – Primary School Supervised School Crossing

20 100 5,000

In accordance with VicRoads guidelines for school crossings, a school crossing supervisor is warranted where the number of primary school children crossing at the crossing (minimum 20) multiplied by the number of vehicles (minimum 100) must exceed 5,000. The results confirm that the zebra crossing on Livingstone Street met the VicRoads guidelines for the provision of a school crossing supervisor. As there is existing pedestrian crossing infrastructure at this location, funding would need to be secured for the provision of a school crossing supervisor. The provision of a permanent school crossing supervisor is estimated to cost $13,000 per year, including staffing, training and equipment costs. This new site would be eligible for subsidy funding from VicRoads.

4.2




Figure 2 – Locality Map, Livingstone Street Zebra Crossing Consideration could be given to the installation of a school crossing supervisor at the Livingstone Street Zebra Crossing prior to the receipt of the subsidy funding. However, this is likely to incur a cost overrun of the current school crossing budget for the 2014/15 financial year.

CONCLUSION

During the annual review of the school crossing supervisor program, five school crossing sites were identified as not meeting the warrants for ongoing crossing supervision. Council has made previous resolutions for the ongoing supervision on four of these sites. It is proposed to retain the supervision at these sites in line with Council’s previous resolutions. It is proposed to continue to fund the remaining site not meeting the pedestrian warrant, at Mountain View Road, Briar Hill, for safety reasons. Following requests from Ivanhoe Primary School and the surrounding community, it is proposed that a school crossing supervisor be provided at the zebra crossing on Livingstone Street, Ivanhoe from the start of the 2015 school year.

RECOMMENDATION

That Council: 1. Continues to fully fund the school crossing supervision at Rattray Road,

Montmorency, Wungan Street, Macleod and Greensborough Highway, Greensborough for road safety reasons or until the appropriate warrants are met.

2. Continues to jointly fund the school crossing supervision at Fernside Avenue,

Existing Unsupervised

Zebra Crossing

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Briar Hill through the agreement with Sherbourne Primary School as per Council resolution of 17 Dec 2012, or until the appropriate warrants are met.

3. Fully funds the school crossing supervisor on Mountain View Road, Briar Hill,

given safety concerns at the location.

4. Work with Briar Hill Primary School to encourage walking as a means of accessing the school.

5. In relation to the zebra crossing on Livingtone Street, , Ivanhoe, between

Waterdale Road and Tate Street: a. provides a school crossing supervisor from the start of the 2015 school

year. b. funds the school crossing supervisor through the school crossing

supervisor annual funding, noting a potential overrun of expenses of around $2,600 for the current financial year, and ongoing expenses in future years.

c. includes the school crossing site in the annual submission to VicRoads for the school crossing supervisor subsidy funding for the 2015/16 financial year.

6.

ATTACHMENTS

No. Title Page

1 2014/15 School Crossing Supervisor Site Subsidy Application 58

2 2015/16 School Crossing Supervisor Site Subsidy Application 59

6.1

Performance - Use Our Resources Wisely


6.1 PROPOSED GENERAL LOCAL LAW NO. 1 (2015)

Author: Jan Richardson - Cemeteries Co-ordinator, City Development

File: F2014/1342

EXECUTIVE SUMMARY

Banyule City Council’s existing Local Law No. 1 (2005) – General Amenity ceases to operate on the 27 April 2015. As a result an extensive review was required of the existing Local Law and the development of a new proposed Local Law.

Officers leading the review were involved in the Local Government Professionals (LGPro) Better Local Laws Program. Extensive consultation was undertaken with the community, Councillors, staff and Victoria Police along with benchmarking other Councils’ Local Laws.

Using best practice principles, officers have prepared a proposed General Local Law No. 1 (2015), proposed Local Law Community Impact Statement and supporting documents to be endorsed by Council to go out for public consultation in accordance with the Local Government Act 1989 (the Act), sections 119 and 223.

The proposed Local Law has been developed so that it flows in a logical manner. The language has been written so that it is more easily understood by the community. Permit processes, enforcement provisions, infringement notices and penalties for infringements have all been reviewed and tightened.

All new proposed Local Law clauses have been assessed on a template developed using best practice principles.

The proposed Local Law Community Impact Statement follows the guidelines/template developed by the LGPro Better Local Laws Program and provides a detailed background to the review. It addresses legal considerations, explains reasons for adopting particular approaches and sets out the criteria for measuring the success of the proposed Local Law.

As required by legislation, a Human Rights Charter assessment was also completed for the whole proposed Local Law. It concludes that six human rights are impacted by the proposed Local Law and that the limitations on these rights were assessed as reasonable.

A proposed schedule of the timelines for advertising the proposed Local Law, undertaking public consultation, seeking of submissions, and adoption of the Local Law are detailed in this report. It is being recommended that Council commence the necessary statutory procedures for making of a Local Law.



6.1


PROPOSED GENERAL LOCAL LAW NO. 1 (2015) cont’d


CITY PLAN

This report is in line with Council’s City Plan key direction to “enable good governance and accountability with minimal risk”. Specifically, it meets the focus area of “5.3.1 Ensure our local laws are enforceable and deliver appropriate community benefit”.

BACKGROUND

Councils have the power to make local laws under Part 5 of the Act, which have a life of 10 years before they sunset or unless revoked earlier. Banyule City Council’s existing Local Law No. 1 (2005) – General Amenity ceases to operate on the 27 April 2015. An extensive review has been undertaken with the intention to develop a new omnibus Local Law which will commence operation when the existing Local Law No. 1 (2005) – General Amenity is revoked.

A steering committee comprising relevant officers from across the organisation was established late last year to develop a process for reviewing the Local Law. The lead project officers also participated in the LGPro Better Local Laws Program between October 2013 and August 2014. Community consultation was conducted in February-March 2014 where Council asked for comment on the perceived effectiveness of the existing Local Law. Extensive consultation was undertaken across the organisation and with the Victoria Police. Benchmarking with other Councils has also been undertaken continually between February-August 2014. Officers, using best practice principles, have prepared a proposed General Local Law No. 1 (2015) (attached) and all the associated supporting documentation, including a Community Impact Statement, assessment templates and a Human Rights Charter – Assessment of Compatibility. Legal advice will also be sought on the documentation in November 2014 to ensure Council has complied with all of its legal requirements with regard to making a local law and that the proposed local law does not breach any of the existing legislation. What are Local Laws? Local Laws:

are adopted to protect public health, safety, or amenity in a municipality. They are designed to ensure that the actions of an individual or group do not have a negative or undesirable impact on the rest of the community.

are a form of regulatory instrument.

cannot duplicate, overlap, conflict with or be inconsistent with existing Federal or State legislation.

cannot duplicate or be inconsistent with any planning scheme.

should not be created unnecessarily. Council needs to consider whether there are alternatives to a Local Law that might better suit the needs of the community.

only apply within a particular municipality.

have a 10 year life and must be renewed after that time to remain valid. This ensures that Local Laws remain current and suitable to the purpose for which they were originally made.

6.1




Council must advertise any Local Law that it intends to make and must consider any public submissions it receives about the Local Law before implementing it. Council is obliged to ensure that the regulatory approach adopted involves the least burden or the greatest advantage to its community.


The proposed General Local Law No. 1 (2015) was assessed as a whole against the Human Rights Charter. The assessment indicated that six rights were impacted:

Freedom of movement (section 12)

Freedom of expression (section 15)

Peaceful assembly and freedom of association (section 16)

Property rights (section 20)

Right to liberty and security (section 21)

A fair hearing (section 24) In all instances, it was considered that the limitation was reasonable because the interests or impact to the majority of the community was greater than the interest or impact on an individual. Further reduction of the limitation was available to an individual through the ability to appeal permit conditions and Notices to Comply. An individual also has a further ability to reduce the limitation by taking any matter to the Magistrates Court for a decision. The Human Rights Charter – Assessment of Compatibility is shown as Appendix 3 which is attached to the Local Law Community Impact Statement.

CURRENT SITUATION

Local Law – General Changes The proposed Local Law is different to the existing Local Law. Clauses from the existing Local Law may have been moved to a new Part in the proposed Local Law. An example of this is Permits, Impounding, Fees and Enforcement which are now all grouped together under Part 2 – Administration and Enforcement. Previously these clauses were in different Parts of the existing Local Law. The language in the proposed Local Law has changed to be more easily understood by the community. Permit processes and enforcement provisions have been improved in the proposed Local Law. The clause relating to infringement notices is set out clearly and in line with legal requirements. Penalties for infringements have been reviewed. The monetary value for each penalty unit is controlled by State Legislation (the Local Government Act 1989, the Sentencing Act 1991 and the Monetary Units Act 2004) and is currently set at $100. Further, the Attorney-General’s Guidelines state that, “An infringement penalty should generally be approximately no more than 20-25% of the maximum penalty for the offence”. The maximum penalty in the Magistrates Court is 20 penalty units.

6.1




The existing Local Law No. 1 (2005) – General Amenity set the majority of penalty units for an infringement at 1, 2 or 3. As the value of the penalty unit has remained at $100 since 2005, it was considered reasonable to increase the penalties by 1 or 2 penalty units in most cases. Further, it is proposed to recommend higher penalties, of 5 and 10 penalty units, for some proposed Local Laws clauses where it is considered that failure to comply with the clause will have great impact on community safety and amenity, risks to health and potential damage to Council assets and infrastructure. Changes – New Clauses Any proposed new Local Laws clause has been developed on templates which assess the clause according to Best Practice principles. The proposed Local Law contains 13 new clauses:

Maintenance of Vehicle Crossings

Activities on Council Land (i) and (j) – these are in addition to existing clauses

Vacant Land and Buildings on Land

Maintenance of Private Drains and Stormwater Retention Systems

Hygiene Requirements for Personal Care & Body Art Businesses

Domestic Wastewater Management of Unsewered Properties

Inspection of Septic Tank System

Reuse of Domestic Greywater

Asbestos Management from Domestic Sources

Maintenance of Waste, Organic and Recycling Bins

Removal of Waste, Organic and Recycling Bins

Hard Waste Collection

Street Bins & Park Bins The template assessments for new Local Laws clauses are attached as Appendix 1 to the Local Law Community Impact Statement. Changes – Existing Local Law The existing Local Law No. 1 (2005) – General Local Law has been reviewed on a template assessment that summarises any modifications and provides relevant comments. The template assessments for the existing Local Laws clauses are attached as Appendix 2 to the Local Law Community Impact Statement.

6.1




Further, the following existing Local Laws clauses have been deleted from the proposed General Local Law No. 1 (2015). Clause Explanation/Reason

Building Works on Dwellings Now covered by the Environment Protection Act 1970

Minor Building Works Other Acts and provisions cover this

Building Works Creating a Nuisance Other Acts and provisions cover this

Undue Noise Now covered by the Environment Protection Act 1970

Responsibilities of Owners and Occupiers – Prohibitions: Noise (m) and (n)

Now covered by the Environment Protection Act 1970

Provision of a Bin Storage and Wash Facility on Food Premises

Now covered by the Food Act 1984

Provision of a Cleaner’s Sink Now covered by the Food Act 1984

Collection of Trade Waste Anti-competitive – hours are inconsistent with the hours that Council operates the same service.

Use of Council Land – Activities that require a Permit: (g) Play/practice golf (h) Sell food/drink

Duplicated with other clause regarding “engage in, play or practise any game or sport”. Now covered by the Food Act 1984

Other Issues Considered As a result of consultation, the following issues were considered as possible Local Laws clauses. More detail on these issues is provided in the Local Law Community Impact Statement (see attachment). Graffiti: Although there is State legislation covering graffiti, it continues to be a problem for Council and the source of community complaints. Victoria Police are the enforcement arm for the Graffiti Prevention Act 2007. Any evidence Council obtains regarding perpetrators of graffiti will be passed on to the Victoria Police for enforcement. The following points highlight current handling of graffiti and the issues faced by Council:

graffiti removal kits are provided to residents

graffiti is promptly removed from all public places under Council’s control

graffiti is found on the infrastructure of service authorities

prompt removal appears to deter further instances of graffiti

other Councils are putting more resources into prompt graffiti removal When graffiti is not removed promptly or allowed to grow on buildings or property it becomes unsightly and a detriment to the amenity of neighbourhoods. Because this issue is such a concern, a proposed clause has been included in the Unsightly Land

6.1




provision in Part 9 – Responsibilities of Owners and/or Occupiers in the proposed Local Law. Model Aircraft: Civil Aviation Safety Regulations 1998, section 101.030 and section 101.055 cover model aircraft. CASA has an enforcement arm and the introduction of a Local Law clause would overlap or duplicate existing Federal legislation. Therefore it is considered that it is not appropriate to introduce a Local Law clause relating to model aircraft. The following documents are attached to the proposed General Local Law No. 1 (2015): Schedule 1 – Notice to Comply Schedule 2 – Penalties

COMMUNITY IMPACT STATEMENT

The proposed Local Law Community Impact Statement (LLCIS) (attached) provides a background to the review and was prepared in line with Best Practice principles. The LLCIS details the matters considered when conducting the review. Legal considerations are addressed and it explains reasons for adopting particular approaches. Criteria setting out how the success of the proposed Local Law will be measured are detailed in the LLCIS. The following documents are attached to the LLCIS:

Appendix 1 – Template Assessments: New Local Laws Clauses

Appendix 2 – Template Assessments: Existing Local Law No. 1 (2005) – General Local Law

Appendix 3 – Human Rights Charter – Assessment of Compatibility

LEGAL CONSIDERATION

Section 119 of the Local Government Act 1989 provides that Council must give notice of its intention to make a Local Law in the Government Gazette and a public notice stating –

the purpose and general purport of the proposed Local Law

that a copy of the proposed Local Law and any explanatory document can be obtained from the Council office

that any person affected by the proposed Local Law may make a submission relating to the proposed Local Law under section 223 of the Local Government Act 1989

that a copy of the proposed Local Law

any explanatory document setting out prescribed details in relation to the Local Law is available for inspection at, and obtainable from the Council office during ordinary business hours.

Section 223 of the Local Government Act 1989 provides that Council must publish notice –

specifying the matter in respect of which the right to make a submission applies

containing the prescribed details in respect of that matter

6.1




specifying the date by which submissions are to be submitted, being a date which is not less than 28 days after the date on which the public notice is published

stating that a person making a submission is entitled to request in the submission that the person wishes to appear in person, or to be represented by a person specified in the submission, at a meeting to be heard in support of the submission

if a request for a submission has been made, the Council must— - provide the person with the opportunity to be heard in support of the

submission in accordance with the request at a meeting of the Council or of a committee determined by the Council

- fix the day, time and place of the meeting - give reasonable notice of the day, time and place of the meeting to each

person who made a request. In accordance with best practice principles, Council will consult with lawyers to give advice on the proposed General Local Law No. 1 (2015), proposed LLCIS and supporting documents to ensure that the proposed Local Law does not overlap, duplicate or conflict with any existing State or Federal legislation.

CONSULTATION

Persons affected by the proposed Local Law will have the opportunity to consult with Council:

at a public meeting to be held during the consultation period at a date to be determined

via a submission in accordance with the section 223 process, and

heard at a subsequent Council Meeting Council officers will also accept general feedback on the proposals from members of the local Banyule community. This feedback will be taken into consideration when preparing final versions of the proposed Local Law, proposed LLCIS and supporting documents for Council’s consideration.

TIMELINES

The current timelines are as follows: 17 November 2014 Council resolution to advertise

27 November 2014 Advertise in Government Gazette and Public Notice in Heidelberg and Diamond Valley Leader

27 Nov 2014 – 16 Jan 2015 Public Response period

27 Nov 2014 – 16 Jan 2015 a Public Meeting to be held

16 January 2015 Section 223 submissions close

16 February 2015 Hear section 223 submissions

2 March 2015 (tentative) Adoption of General Local Law No. 1 (2015)

1 April 2015 (nominal date) New Local Law commences operation

6.1




CONCLUSION

Review of General Local Law No. 1 (2005) has occurred over the past 12 months and has involved extensive consultation and research. Adoption of a new local law – General Local Law No. 1 (2015), to replace the sun-setting local law, will now require the commencement of the necessary statutory procedures.

RECOMMENDATION

That: 1. Council endorses, in principle, proposed General Local Law No. 1 (2015),

proposed Local Law Community Impact Statement, Schedule 1 – Notice to Comply, Schedule 2 – Penalties, Appendix 1 – Template Assessments: New Local Laws Clauses, Appendix 2 – Template Assessments: Existing Local Law No. 1 (2005) – General Local Law and Appendix 3 – Human Rights Charter – Assessment of Compatibility;

2. Council commences the statutory process for the making of the proposed

General Local Law No. 1 (2015) and its associated documents; 3. In accordance with sections 119 and 223 of the Local Government Act 1989,

Council gives notice in the Government Gazette, the Heidelberg and Diamond Valley Leader and on Council’s website stating:

3.1 the purpose and the general purport of the proposed Local Law;

3.2 that a copy of the proposed Local Law, proposed Local Law Community

Impact Statement and associated documents can be obtained from Council offices or from Council’s website;

3.3 that any person affected by the Local Law may make a submission

relating to the proposed Local Law under section 223 of the Local Government Act 1989, and submissions will be received from 27 November 2014 until 16 January 2015;

3.4 that copies of submissions (including submitters’ names and addresses)

will be made available at the Council meeting at which the above proposal will be considered. Council is also required to make submissions available for public inspection for a period of twelve months.

4. In accordance with section 223 of the Local Government Act 1989,

submissions will be heard at the Ordinary Meeting of Council on Monday 16 February 2015.

ATTACHMENTS

No. Title Page

1 Proposed General Local Law No. 1 (2015) 60

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2 Local Law Community Impact Statement 105

3 Appendix 1 - Template Assessments: New Local Laws Clauses 116

4 Appendix 2 - Template Assessments: Existing Local Law 156

5 Appendix 3 - Human Rights Charter - Assessment of Compatibility 181

6.2



6.2 ASSEMBLY OF COUNCILLORS Author: Cindy Ho - Governance Officer, City Development

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. Below is the latest listing of notified assemblies of Councillors held at Banyule City Council. RECORD OF ASSEMBLIES

1 Date of Assembly: 6 November 2014

Type of Meeting: Confidential Councillor Briefing

Matters Considered: Confidential Matters – Personnel Matters

Councillors Present: Rick Garotti Craig Langdon Tom Melican Jenny Mulholland Wayne Phillips

Staff Present: Simon McMillan – Chief Executive Officer

Others Present: Nil

Conflict of Interest: Nil

2 Date of Assembly: 10 November 2014

Type of Meeting: Councillor Briefing

Matters Considered: Items on the Council Agenda for the Ordinary Meeting of 10 November 2014 (excluding confidential items) as listed below:

2.1 Montmorency-Eltham RSL Electronic Gaming

Machine increase proposal: Council response to

the Victorian Commission for Gaming and Liquor

Regulation (VCGLR)

4.1 Lease of Part of Chelsworth Park to Ivanhoe

6.2


ASSEMBLY OF COUNCILLORS cont’d


Grammar School

4.2 Lower Heidelberg Road, Ivanhoe East - Parking

Availability for Residents

4.3 14 Scotts Parade Ivanhoe - Sale of Land - Hearing

of Submissions

4.4 North East Link - Quarterly Report

4.5 Willa Avenue Viewbank - Drainage Improvement

Works to Address Overland Stormwater Flow

4.6 198 Sherbourne Road, Montmorency - Request for

Extension of Time to commence under the Permit

4.7 193 Liberty Parade Heidelberg West (known as

233 Southern Road Heidelberg West) - Proposed

two lot subdivision, removal of restrictive covenant

and creation of a municipal reserve

5.1 Multicultural Advisory Committee Meeting

Membership

6.1 Assembly of Councillors

6.2 27A Cherry Street Macleod - Proposed Sale of

Land - Hearing of Submissions

6.3 Rezoning 22 and 24 Peters Street, Watsonia

6.4 55-59, 61 and 63 Main Street Greensborough -

Proposed sale of land

6.5 Review and Update of Delegations

6.6 School sites project update and outcome of

Request for Tender process: 229 Banksia Street,

Ivanhoe (former Bellfield Primary School)

7.1 Sealing of Documents

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

Staff Present: Simon McMillan – Chief Executive Officer Allison Beckwith - Community Programs Scott Walker – Director City Development Geoff Glynn – Director Assets and City Services Gina Burden – Manager Governance, Information & Laws Daniel Kollmorgen – Acting Manager Strategic Economic Vivien Ferlaino – Governance and Information Coordinator Darren Bennett – Manager Leisure, Recreation and Culture Theonie Tacticos – Team Leader Community and Social Planning Tom Zappulla – Leisure Facilities, Place and Partnership Coordinator

6.2


ASSEMBLY OF COUNCILLORS cont’d


Joel Elbourne – Acting Manager Development Services

Others Present: Nil

Conflict of Interest: Nil

RECOMMENDATION

That the Assembly of Councillors report be received.

ATTACHMENTS

Nil

7.1

Sealing of Documents


7.1 SEALING OF DOCUMENTS Author: Ellen Kavanagh - Governance Officer, City Development

File: BS040/010/002

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

.

PARTY\PARTIES: Banyule City Council OFFICER: Ellen Kavanagh FILE NUMBER: BS040/010/002 DOCUMENT: Instrument of Authorisation BRIEF EXPLANATION: Pursuant to section 24 of the Local Government Act

1989 a Council may appoint any person other than a Councillor to be an authorised officer for the purposes of the administration and enforcement of any Act, regulations or local laws which relate to the functions and powers of the Council. Officers who undertake the Statutory role of Planner and Planning Enforcement Officers require Authorisation pursuant to the Local Government Act and Planning and Environment Act. An authorised officer has the power to:

Demand the name and address of a person who has committed, or who the authorised officer reasonably suspects has committed or is about to commit, an offence against any Act, regulation or local law in respect of which he or she is appointed.

To enter land at any reasonable time and to enforce the Planning and Environment Act.

The Instrument of Authorisation requires the Council Seal for Peter Hawkin.

RECOMMENDATION

That the Common Seal of the Banyule City Council be affixed to the following document: 1. Instrument of Authorisation for Planning Officer Peter Hawkin and he be appointed

and authorised as set out in Instrument.

ATTACHMENTS

Nil

ATTACHMENTS

ORDINARY MEETING OF COUNCIL ON 17 NOVEMBER 2014

2.1 Festive Celebrations

Attachment 1 Example of Ivanhoe Town Hall Christmas Decorations ................... 42

4.1 Asset Management Policy

Attachment 1 Asset Management Policy ............................................................... 45

4.2 School Crossing Superviser Program Update

Attachment 1 2014/15 School Crossing Supervisor Site Subsidy Application ....................................................................................... 58

Attachment 2 2015/16 School Crossing Supervisor Site Subsidy Application ...................................................................................... 59

6.1 Proposed General Local Law No. 1 (2015)

Attachment 1 Proposed General Local Law No. 1 (2015) ...................................... 60

Attachment 2 Local Law Community Impact Statement ....................................... 105

Attachment 3 Appendix 1 - Template Assessments: New Local Laws Clauses ......................................................................................... 116

Attachment 4 Appendix 2 - Template Assessments: Existing Local Law ............. 156

Attachment 5 Appendix 3 - Human Rights Charter - Assessment of Compatibility .................................................................................. 181

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Item: 2.1 Attachment 1: Example of Ivanhoe Town Hall Christmas Decorations


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Item: 4.1 Attachment 1: Asset Management Policy


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DOCUMENT CONTROL

SCHEDULE OF ADOPTION

Version No. Date Comment Authority Reference

V1.00 Sep. 2003 Review of Votar and Partners original version of the Banyule Asset Policy

V1.10 Nov 2003 Redraft and Update of Policy Adopted by Council

V2.00 Draft

Nov. 2006

This version is as a result of an independent review of Version 1.0 to conform to current local government AM practice. The substantive changes relate to the inclusions of Section 11 & Appendix 4 (Roles & Responsibilities) and Section 12 & Appendix 3 (Audit & Review).

V2.01 Draft

Aug 2008 Update of Draft V2.00.

V2.02 June 2009

Insertion of statement of Human Rights above the Schedule of Changes & Amendments.

Policy was again Adopted by Council.

V2.03 October 2010 Included reference to the National Financial & Asset Management Assessment Framework for Local Government.

V2.04 December

2011 Policy & Strategy reviewed and no changes necessary other than update to latest City Plan.

Asset Coordinator

V3.00 May 2014 Document updated and simplified over previous versions

Asset Coordinator

V3.01 July 2014 Reformatted to Banyule document specifications Asset Coordinator

V4.00 October 2014 Adopted By Council Asset Coordinator

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Table of Contents

1. INTRODUCTION ................................................................. ERROR! BOOKMARK NOT DEFINED.

2. PURPOSE OF THE COUNCIL ASSET MANAGEMENT (AM) POLICY ............................................. 4

3. BACKGROUND TO THE POLICY……………………………………………………………………………………………….4

4. COUNCIL RESPONSIBILITIES ....................................................................................................... 5

5. ORGANISATION CONTEXT ........................................................................................................ .6

6. ASSET MANAGEMENT POLICY STATEMENTS ..……………………………………………………………………….7

7. POLICY OBJECTIVES ................................................................................................................... 9

8. ASSET MAMANGEMENT ROLES AND RESPONSIBILITIES ......................................................... 10

9. COMMUNITY INPUT ................................................................................................................ 12

10. REVIEW AND EVALUATION ...................................................................................................... 12

11. AVAILABILITY OF THE POLICY .................................................................................................. 12

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1. Introduction Banyule City Council manages a diverse range of assets that exist to provide services. Infrastructure assets alone are currently valued in excess of $800 million. These assets include roads, footpaths, bridges, drains, buildings, open space, playgrounds, ancilary infrastructure assets as well as supporting assets such as plant and equipment necessary to facilitate service delivery.

Council’s performance is measured on its ability to effectively manage its assets and provide a high level of service to its community.

2. Purpose of the Council Asset Management (AM) Policy The Asset Management Policy defines the key principles that underpin asset management and addresses the actions required to implement asset management and together with the associated strategy and asset management plans will allow for:

Better allocation of limited council resources. Improved alignment of assets with services and community expectations. Reduced demand for new council assets through better integration of service planning

and asset planning. More effective use and maintenance of existing council assets. Improved processes and accountability for capital and recurrent works.

Adherence to policy will ensure that:

Management of assets is undertaken in a structured and co-ordinated way. Council responsibilities and resources are identified. Risk management issues are addressed. Assets are managed to achieve financial, social and environmental sustainability. Legislative and regulatory requirements are achieved.

3. Background to the Policy The Department of Transport, Planning and Local Infrastructure document, Sustaining Local Assets, December 2003 is the Victorian Government’s local government asset management policy statement. It provides the policy framework and the high level guidance to help councils to develop and implement their own policies and practices and incorporates the best internationally recognised principles, policies, and processes.

The MAV STEP Asset Management program, the National Asset Management Assessment Framework (NAMAF) project and the Victorian Auditor General have all supported Local Government’s need to sustainably manage their infrastructure assets. The latest report released by the Auditor General, ‘Asset Management and Maintenance by Councils’ in February 2014, assessed whether local councils effectively manage their physical infrastructure assets. It examined whether they have developed and applied sound strategic frameworks for asset management, and implemented efficient and effective asset management practices. It also reviewed the guidance and support provided to councils in managing these assets.

The report identified significant deficiencies in asset renewal planning and practice, the quality of asset management plans, the linking of service levels to these plans, the development of asset management information systems, and in councils’ monitoring, evaluation and reporting on asset management.

Although the Report was not specifically about Banyule Council, the points made are relevant to all councils including Banyule.

The VAG’s Report recommended that local Councils should:

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1. Accelerate efforts to review and update their asset management frameworks, policies and strategies to meet better practice standards

2. Make sure they have comprehensive asset management plans covering all major asset categories

3. As a priority, develop a strategy for more effectively reducing their asset renewal gaps

4. Improve their asset management information systems and knowledge of their asset portfolios to ensure they have up-to-date information on all assets

5. Identify and review the skills and resources required to effectively manage infrastructure assets, including developing a skills matrix and action plan to address identified skill and resource requirements and gaps

6. Improve the provision of information to, and engagement with, the community on asset management

7. Develop and implement comprehensive asset management monitoring, reporting and evaluation systems, and publicly report their progress and performance against plans and strategies, including against capital works budgets

4. Council Responsibilities Section 136 of the Local Government Act 1989 requires Councils to implement the principles of sound financial management which are to:-

a) manage financial risks faced by the Council prudently, having regard to economic circumstances

b) pursue spending and rating policies that are consistent with a reasonable degree of stability in the level of the rates burden

c) ensure that decisions are made and actions are taken having regard to their financial effects on future generations

d) ensure full, accurate and timely disclosure of financial information relating to the Council

Councillors, as custodians of Council assets are required to:

Ensure the Council’s legal obligations are met

Represent the community as the asset owners, and

Ensure the asset/service is maintained for present and future generation at an equitable cost

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5. Organisation Context – Relationship to Council Vision and City Plan

6. Asset Management Policy Statements

What we strive for Banyule, a green, liveable and prosperous city, sustaining a healthy and engaged community

Banyule City Plan Objectives and Key Objectives • People - Community Strengthening and

Support • Planet - Environmental Sustainability

• Place - Sustainable Amenity and Built Environment

• Participation – Community Involvement in Community Life

• Performance – Use Our Resources Wisely

Asset Policy Statements • Financial Management • Community Participation

• Best Practice

• Public Safety – Risk Management • Governance

• Environment and Social

Council “VISION”

City Plan

Service Plans

Programs and Projects 4 years

Asset Management Plans

4-10 years

Annual and Operating Plans

Service Strategies

4 – 10 years

Processes Systems People Resources

Strategic Resource Plan

4 years

Long Term Financial Plan

10 years

Capital Works Program

New/Upgrade/Renewal and Initiatives

4-10 years

Annual Operating Budget

COMMUNITY

CONSULTATION

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Asset Management Policies

Financial Management

Community Participation

Best Practice

Public Safety – Manage Risk

Governance

Environment & Social

Ensure that Asset planning is

environmentally, socially and

economically sustainable

Develop asset plans to manage, maintain and

financially secure the future of infrastructure

assets.

Manage Council assets to preserve their

value, ensure the safety of users and meet

community needs.

Corporate approach to manage the complex

nature of asset management.

Investigate the need for new assets - cost-

benefit - asset renewal vs asset creation, and

encourage joint use of facilities.

Council commitment by adopting the Asset

Management Policy and Strategy.

Asset Strategy Group with Council

representation.

Embrace the MAV STEP Program to meet

Asset Management goals and objectives.

Establish data maintenance processes to

ensure data integrity and accuracy.

Implement an Asset Management System.

Develop a priority approach to asset plans,

based on legislative (Road Management Act)

and financial drivers such as depreciation.

Identify asset management responsibilities -

Management and Operational.

Comply with all relevant legislation.

Adopt a pro-active approach through Best

Value - community input into of levels of

service.

Asset Management directions reflect the needs

of the Community

Monitor performance against community

expectations - DVC Customer Surveys.

Link with Risk Management to

identify high risk issues

Ensure Council is aware of its

risk management and financial

responsibilities

Ensure documented evidence of

practices, procedures and

processes are available to form

a ‘policy defence’ in court.

Maintenance and renewal

appropriately funded - 'level of

service' approach linked to

Capital budget.

Adopt a 10 year Capital

budget.

Environment and SocialFinancial Management

Public Safety – Manage Risk

Best Practice

GovernanceCommunity Participation

Asset Management Objectives

Meet Asset Management goals and objectives

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7. Policy Objectives The City of Banyule’s Asset Management Policy Statements has been developed within the framework of the City and Annual Business Plans, Strategies and Actions,

and where appropriate, link to the asset framework established by the MAV’s Step Program, and the recommendations of the Victorian Auditor General.

Asset Management Policy Objectives

1. Financial Management

There will be cross-organisational adherence to Financial Management processes agreed to as part of the Asset Management process:

Asset Management Category Plans will be incorporated into the 4 - 10 Year Capital Work Program and link to the Long-Term Financial Plan (LTFP) to ensure sustainable asset management and quality infrastructure and community facilities

LTFP will be the basis for establishing the Financial Strategy for City Plan, the Strategic Resources Plan, the Annual Plan

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and Budget

Consistency between asset and financial reporting; valuation and depreciation methodology; asset Renewal, Upgrade, Expansion, New and Expense; aggregated asset maintenance funding; operating budget for maintain and renew activities

Operations and maintenance budget proposals are to be based on the levels of service

Capital proposals for upgrade, expansion or new assets must provide a business case when presented for Budget consideration including a critical review of the need and the “whole of life” asset maintenance cost

2. Community Participation

Community consultation shall be undertaken, to an appropriate level, to ensure community needs are met, that an analysis of cost is provided at the time of establishing budget affordability and long-term sustainability, where:

New, upgraded or extended community assets are proposed

Determine Levels of Service based on community expectations to drive the provision of asset maintenance

Where assets are at the end of their useful life, to ascertain if replacement is warranted, and if so should it be to the same specification or to something that better meets current needs

3. Best Practice

Levels of Service

Levels of service are to be listed in each Category Asset Management Plan

Levels of service for assets used in service delivery include standards of operations and defect intervention levels, public health and safety, quality and responsiveness to faults and issues with the service

Reporting and Reviews

Internal and external reports on the status of Asset Management will be derived from the one data source to ensure consistency of reports to the various sources (External - National Framework, Auditor General and MAV Renewal Gap, Grants Commission, Internal - EMT and Council, audit and review procedures)

Data Management

Council will have a single corporate asset management system or integrated application, where all asset data resides. This includes asset inventories, valuations, condition inspections, works programming and reporting

Data is to be securely managed accurate and up to date allowing for appropriate asset planning, both in the short and long term, and for informed decision making to occur

Data relevant to a work area is to be made accessible to that work area for management and operational purposes

Training

Training and education of Councilor’s and staff will occur in the development and ongoing reviews of the policy, strategy and asset management category plans

4. Public Safety and Risk Management

Risk Management approach must be utilised when assessing levels of service to ensure Public Safety

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5. Governance

Cross-organisational adherence and consistency to the adopted Corporate Documents, relationships including:

Banyule’s City Plan objectives

Long-term strategic & financial planning

Organisation visions and objectives

Integration of asset management responsibilities and into the organisation’s business processes and incorporated into the development of Asset Management Category Plans

This policy will be reviewed a when there is significant change of asset implementation direction. If a review of this nature is not affected, the review will be held every 4 years. The next review date being September 2018

6. Environment and Social Continually seek opportunities for sustainable improvement of assets

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8. Asset Management Roles and Responsibilities 8.1 Corporate Asset Strategy Groups

The Director of Assets & City Services as the senior executive for managing the city’s assets will be responsible for implementation of Council’s asset management policy and strategy.

Two groups have been established to direct and implement asset management improvement in Council.

8.2 Asset Management Steering Committee (AMSC)

The Steering Committee will work within the structure established through the Banyule Advisory Committees. Council representatives for the committee will be nominated and endorsed by Council.

Councillor Representatives are: 2 positions are available for Council membership on the committee, and one substitute Councillor will be nominated.

Officer members are: Director Assets and City Services (Chair), Director Corporate Services, Manager Finance, Manager Parks and Gardens, Manager Assets and Infrastructure.

The Asset Management Steering Committee will:

Provide feedback and act as a conduit to Council regarding the overall approach to asset management

Champion the importance of asset management renewal programs and funding

Receive the results of relevant asset management programs an audits such as the annual MAV STEP Asset Management Program and National Asset Management Assessment Framework (NAMAF)

Be informed of budget requirements outlined in the asset management plans and Council’s 10 Year Capital Works Program

8.3 Asset Management Working Group (AMWG)

The Asset Management Working Group (AMWG) will ensure a coordinated and integrated approach to asset management is achieved across the organisation with an increased understanding of asset management issues within staff, Councillors and the community.

The Asset Management Working Group (AMWG) representatives include:

Director Assets and City Services (Chair), Manager Finance, Manager Parks and Gardens, Manager Transport, Sustainability and Municipal Laws, Manager Leisure and Recreation, Manager Assets and Infrastructure and Coordinator Asset Management.

The Asset Management Working Group will:

Make recommendations about asset management directions and implementation to Executive Management Team, Asset Management Steering Committee and Council

Oversee the development and implementation of asset management policy, strategies and plans at a strategic and operational level

Endorse specific asset renewal work programs that will be integrated with the 10 Year Capital Works Plan

Ensure that the asset renewal gap position is conveyed and understood by Council

Ensure the Asset Management National Assessment Framework pillars are meet

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8.4 Asset Management Accountability Roles

The Strategic Manager is responsible for setting strategic direction, the use and operation of the asset and for formulating standards and agreements for the relevant asset.

The Physical Manager manages the maintenance of the asset. The Physical Manager will provide advice on the most appropriate levels of service for each particular use and should also set maintenance standards and ensure that these standards are met in accordance with the annual budget and associated works programs.

9. Community Input One of the key basics of service delivery to the community is to provide the levels of service that the current and future community want, and are prepared to pay for, in the most cost effective manner. Sound asset management practice also involves affordable costs.

All Banyule’s service standards, the Levels of Service, have or will be developed in consultation with relevant stakeholders to ensure that they can be met with existing resources, both human and financial. The individual Asset Management Plans outline their specific consultation framework.

The ‘standards’ will be provided to Council for review and adoption within the asset management plans and will be publicly displayed to invite community feedback.

10. Review and Audit Procedures This policy will be reviewed every four years, or following any significant changes to Council’s approach to asset management implementation is reflected in the Policy.

The Chief Executive Officer, under delegation will be able to adopt the revised policy on behalf of Council.

11. Availability of the Policy This Policy will be available at Council’s principal office during ordinary business hours and at Council’s website www.banyule.vic.gov.au.

http://www.banyule.vic.gov.au/

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Item: 4.2 Attachment 1: 2014/15 School Crossing Supervisor Site Subsidy Application


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Item: 4.2 Attachment 2: 2015/16 School Crossing Supervisor Site Subsidy Application


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Item: 6.1 Attachment 1: Proposed General Local Law No. 1 (2015)


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Item: 6.1 Attachment 2: Local Law Community Impact Statement


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Item: 6.1 Attachment 3: Appendix 1 - Template Assessments: New Local Laws Clauses


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Item: 6.1 Attachment 4: Appendix 2 - Template Assessments: Existing Local Law


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Item: 6.1 Attachment 5: Appendix 3 - Human Rights Charter - Assessment of Compatibility


banyule city council agenda 17 november 2014

Documents

ivanhoe parade ivanhoe

confidential matters

people community

public forum

community life nil

contractual matters

wurundjeri people

following confidential