minutes of the ordinary meeting of council · 2019. 5. 7. · minutes ordinary meeting of council...

These Minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 18 September 2017 1

Minutes of the Ordinary Meeting of Council

Held on the 28 August 2017

Council Chambers, Ivanhoe Service Centre

275 Upper Heidelberg Road, Ivanhoe

MINUTES ORDINARY MEETING OF COUNCIL 28 AUGUST 2017

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 18 September 2017 2

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

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

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

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

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

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

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

1.1 Australia Day .......................................................................................................... 4

2. PETITIONS ...................................................................................................................... 5

2.1 Boger Road, Watsonia - Request for 4-hour parking restrictions ............................. 5 2.2 Alexandra Street, Greensborough - Petition against 'No Parking' restrictions .......... 6

3. PEOPLE – COMMUNITY STRENGTHENING AND SUPPORT ...................................... 6

3.1 Aged Services Solar Program Special Charge Scheme - Declaration of Special Charge Scheme ...................................................................................................... 6

4. PLANET – ENVIRONMENTAL SUSTAINABILITY ......................................................... 9

Nil

5. PLACE – SUSTAINABLE AMENITY AND BUILT ENVIRONMENT ................................ 9

5.1 253 Greensborough Road, Macleod - Notice of intention to lease - Proposed telecommunications facility ..................................................................................... 9

5.2 Bell Bardia and Tarakan Estates, Heidelberg West Social Housing Renewal Project .................................................................................................................. 10

5.3 Urban Planning and Building Activity Report (January to June 2017) .................... 11 5.4 Eaglemont Village Shopping Centre Special Charge - Notice of Decision ............. 13 5.5 North East Link Update ......................................................................................... 16

6. PARTICIPATION – COMMUNITY INVOLVEMENT IN COMMUNITY LIFE ................... 17

Nil

7. PERFORMANCE - USE OUR RESOURCES WISELY .................................................. 18

7.1 Banyule Development Contribution Plan ............................................................... 18 7.2 56 Jacqueline Road, Bundoora - Proposed removal of Reserve status and sale of

land to abutting owner ........................................................................................... 19 7.3 Award of Contract 0921-2017 Contractors for Minor Civil Works Panel ................. 20 7.4 Banyule Grants Program Policy ............................................................................ 21 7.5 Reappointment of Independent Audit & Risk Advisory Committee Member .......... 21 7.6 Assembly of Councillors ........................................................................................ 22 7.7 Council Meeting Dates for 2018 ............................................................................ 26

8. SEALING OF DOCUMENTS ......................................................................................... 27

8.1 Sealing of Documents ........................................................................................... 27

9. NOTICES OF MOTION .................................................................................................. 27

Nil

10. GENERAL BUSINESS .................................................................................................. 27

10.1 Top 50 Public Sector Women - 2017 .................................................................... 27 10.2 Northern Multicultural Business Awards ................................................................ 28 10.3 Good Governance Meeting ................................................................................... 28

CLOSURE OF MEETING TO THE PUBLIC ......................................................................... 29

CLOSURE OF MEETING ..................................................................................................... 29



The Meeting opened at 7.00pm. Acknowledgement of the Traditional Owner, the Wurundjeri willam people The Mayor read an acknowledgement of the traditional land owners, the Wurundjeri willam people.

Present

Mayor Cr Tom Melican, Cr Peter Castaldo, Cr Rick Garotti, Cr Craig Langdon, Cr Wayne Phillips, Cr Alison Zandegu

Apologies

Cr Mark Di Pasquale

Leave of Absence

Nil

Confirmation of Minutes

That the following Minutes be confirmed: Ordinary Meeting of Council held 7 August 2017

Moved: Cr Craig Langdon Seconded: Cr Rick Garotti CARRIED

Disclosure of Interests

Nil

Presentation

Nil



URGENT BUSINESS

1.1 AUSTRALIA DAY

Resolution (CO2017/176)

That an item of urgent business be considered on Councils Australia Day Program. Moved: Cr Rick Garotti Seconded: Cr Alison Zandegu CARRIED

Ms Phillipa Wells, Mr Jeff Mawkes, Mr Charles Pakana and Mr David Mulholland spoke to the item.

EXECUTIVE SUMMARY Council is not changing its Australia Day program and will continue to recognise this national celebration in a respectful and inclusive manner, reflecting both our Indigenous heritage and multicultural society.

A key highlight of our Citizenship Ceremonies, one of which is held on Australia Day, is involving Wurundjeri Elders who provide a Welcome to Country and tell the story of their people.

In 2009, Banyule Council adopted the Banyule Statement of Commitment to Indigenous Australians and continues to celebrate many Indigenous events, such as Sorry Day, National Reconciliation and NAIDOC Weeks. Council also works closely with the Indigenous community on a range of projects, including art exhibitions and developing a spiritual walk, and supports Barrbunin Beek, a dedicated gathering place for the Indigenous community.

Council will continue to work with its Aboriginal and Torres Strait Island Advisory Committee to make sure Indigenous views are appropriately represented at Council and to all levels of government on a range of issues. If and when the Federal Government discusses the future of Australia Day, Council is more than happy to participate and assist all members of the Banyule community to contribute their views.




That Council:

1. Continues its respectful and inclusive program of Australia Day activities which celebrate our Indigenous heritage and multi-cultural society.

2. Advises the community it is maintaining its Australia Day program through appropriate advertising in the next Leader newspaper editions.

3. Writes to the Hon. Peter Dutton MP, Minister for immigration and Border Protection, the Hon. Alex Hawke MP Assistant Minister for Immigration and Border Protection, and the Hon. Jenny Macklin MP Member for Jagajaga advising them of Council’s resolution.

Moved: Cr Rick Garotti Seconded: Cr Alison Zandegu CARRIED

2. PETITIONS

2.1 BOGER ROAD, WATSONIA - REQUEST FOR 4-HOUR PARKING RESTRICTIONS

Ms Chezhan Hall spoke to the item. EXECUTIVE SUMMARY Following a consultation process on a proposal to install 2-hour parking restrictions in Boger Road, Watsonia, a petition was received on 31 July 2017 from the residents of the street requesting Council to consider instead the installation of 4-hour parking restrictions in the street. Owner/occupiers of seven different properties in Boger Road signed the petition, two of these residents initially supported the proposal to install the 2-hour restrictions during the resident consultation process. It is considered appropriate to investigate the request from the petitioners, and further consult the residents of Boger Road, in accordance with the Banyule On-Street Parking Management Framework.


That Council: 1. Receive and note the petition. 2. Investigate the request from the petitioners to install 4-hour parking restrictions, and

further consult the residents of Boger Road, Watsonia, in accordance with the Banyule On-Street Parking Management Framework.

3. Advise the primary petitioner of the Council resolution regarding this matter. Moved: Cr Rick Garotti Seconded: Cr Craig Langdon CARRIED



2.2 ALEXANDRA STREET, GREENSBOROUGH - PETITION AGAINST 'NO PARKING' RESTRICTIONS

EXECUTIVE SUMMARY Due to the narrow width of the carriageway of Alexandra Street, Greensborough, residents were notified of the intention to install ‘No Parking’ restrictions on both sides of the street between No.22 and Grimshaw Street. A petition with 25 signatures from owner/occupiers of 12 different properties on Alexandra Street was received on 9 August 2017, requesting Council to allow for residential parking.


That Council:

1. Receive and note the petition. 2. Conduct a workshop consultation meeting including the ward Councillor and relevant

staff with residents of Alexandra Street between No.22 and Grimshaw Street, Greensborough to explore options to address the concerns.

3. Receives a report detailing the outcome of the workshop and possible options.

4. Advise the primary petitioner of the Council resolution regarding this matter.

Moved: Cr Craig Langdon Seconded: Cr Alison Zandegu CARRIED

3. PEOPLE – COMMUNITY STRENGTHENING AND SUPPORT

3.1 AGED SERVICES SOLAR PROGRAM SPECIAL CHARGE SCHEME - DECLARATION OF SPECIAL CHARGE SCHEME

EXECUTIVE SUMMARY

Following the meeting of Council on 26 June, 2017 and in accordance with the statutory process under the Local Government Act 1989 (“Act”) for the declaration of the Special Charge (“Special Charge” or “Scheme”), the public notice of Council’s intention to declare a Special Charge for the Aged Services Solar Program (“Program”) was advertised in “The Heidelberg Leader” on 4 July, 2017 and in “The Diamond Valley Leader” on 5 July, 2017, as well as being posted on Council’s website. A separate letter advising of Council’s intention to declare the Scheme was mailed on 5 July 2017 to all owners and occupiers of properties included in the proposed Scheme with a copy of the public notice. The public notice advised that any person may make a written submission under sections 163A and 223 of the Act. The public notice further advised that any person who will be required to pay the Special Charge (whether an owner or an occupier of a property included in the Scheme) has a right to object to the proposed declaration and may also make a written objection to the Council under section 163B of the Act.



The closing date for submissions and objections was on 2 August, 2017. Council did not receive any submissions by this date. No objections to the proposed Special Charge Scheme were received. Council not having received any submissions, at its meeting on 7 August, 2017 it resolved to make a final decision at its meeting on the 28 August, 2017. This report recommends the declaring of a Special Charge for the Aged Services Solar Program commencing 1 January, 2018 and concluding 31 December, 2027.


That 1. Council, at its Ordinary Meeting on 7 August, 2017 not having received any

submissions and having complied with the requirements of sections 163A, 163B and 223 of the Local Government Act 1989 (“Act”), and otherwise according to law, hereby declares a Special Charge (“Special Charge or Scheme”) under section 163(1) of the Act for the purposes of defraying expenses to be incurred by Council in providing funds to the Aged Services Solar Program (“Program”), which funds, administratively only and subject always to the approval, direction and control of Council, are to be used for the purposes of the supply and installation of solar energy systems on those residential properties which have agreed to participate in the Program.

2. The criteria which form the basis of the declaration of the Special Charge are the ownership of rateable land described in paragraph 6 of this declaration are included and further, the classification of those properties as receiving a special benefit.

3. In declaring the Special Charge, 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 supply and installation of solar energy systems on the properties for which the Special Charge is declared.

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

Council (in relation to the supply and installation of solar energy systems on the properties for which the Special Charge is declared) and also the total amount of the Special Charge to be levied by Council is referrable to an amount of $2,637.82 which amount will be levied in each year of the Scheme and which in total will raise an amount of $26,378.18 over the ten (10) year period of the Scheme.

5. The period for which the Special Charge is declared and will remain in force is a period

of ten (10) years commencing on 1 January, 2018 and ending on 31 December, 2027. 6. The land in relation to which the Special Charge is declared is all that rateable land

described in the listing of rateable properties set out in the schedule forming a part of this declaration (being Attachment 1 - Schedule A).

7. The contributions to the Special Charge will be declared in accordance with the Special

Charge amounts set out alongside each property in the schedule forming a part of this declaration (being Attachment 1 - Schedule A).

8. The Special Charge will be levied by Council sending a Notice of Levy in the

prescribed form annually to the person who is liable to pay the Special Charge, which will require that the Special Charge be paid in the following manner –



(a) by one annual payment to be paid in full by the due date fixed by Council in the

notice, which will be a date not less than 30 days after the date of issue of the notice; or

(b) by four instalments, to be paid by the dates which are fixed by Council in the

notice.

9. Council will consider cases of financial and other hardship, and may reconsider other payment options for the Special Charge.

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

Special Charge 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 Special Charge, and directly or indirectly as a result of the expenditure proposed by the Special Charge and the value and the use, occupation and enjoyment of the properties included in the Scheme will be maintained or enhanced through increased sustainability.

11. 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 or 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 Charge is in a ratio of 1:1 (or 100%). This is on the basis that, in the opinion of Council, the total amount of the Special Charge to be levied and all of the services and activities to be provided from the expenditure of the Special Charge are solar energy systems related and will accordingly only benefit the owners and occupiers of those properties included in the Scheme.

12. Notice be given to all owners and occupiers of properties included in the Scheme of the

decision of Council to declare and levy the Special Charge commencing on 1 January 2018, and the reasons for the decision.

13. For the purposes of paragraph 12, the reasons for the decision of Council to declare

the Special Charge are that –

(a) there is no objection to the Scheme and it is otherwise considered that there is a broad level of support for the Special Charge from all property owners and occupiers;

(b) Council considers that it is acting in accordance with the functions and powers

conferred on it under the Local Government Act 1989, having regard to its role, purposes and objectives under the Act, particularly in relation “to promote the social, economic and environmental viability and sustainability of the municipal district”;

(c) all persons who are liable or required to pay the Special Charge and the

properties respectively owned or occupied by them will receive a special benefit in the form of an enhancement or maintenance in land values and/or a maintenance or enhancement in the use, occupation, and enjoyment of the properties; and



(c) the basis of the distribution of the Special Charge amongst those persons who are liable or required to pay the Special Charge is considered by Council to be fair and reasonable.

Moved: Cr Craig Langdon Seconded: Cr Peter Castaldo CARRIED

4. PLANET – ENVIRONMENTAL SUSTAINABILITY

Nil

5. PLACE – SUSTAINABLE AMENITY AND BUILT ENVIRONMENT

5.1 253 GREENSBOROUGH ROAD, MACLEOD - NOTICE OF INTENTION TO LEASE - PROPOSED TELECOMMUNICATIONS FACILITY

EXECUTIVE SUMMARY

CPS Global Property & Infrastructure (“CPS”), consultants acting on behalf of Vodafone Network Pty Ltd (“Vodafone”), have approached Council seeking consent for Vodafone to lease a small parcel of Council land at Winsor Reserve, 253 Greensborough Road, Macleod (“Land”) to install and operate a telecommunications monopole and ground cabin. The installation and operation of telecommunication infrastructure within the municipality is essential to meet the increasing mobile phone usage demands and expectations of our growing community. Vodafone has advised that mobile phone and wireless communication coverage in the Macleod area is a major issue for both Vodafone and Optus customers and that having a viable communication network in respect to mobile and wireless coverage is vital to ensure future economic prosperity in the local area. The proposal is for a 2.5-30m monopole and ground cabin at a location to be agreed on the Land.


That the item be deferred. Moved: Cr Craig Langdon Seconded: Cr Rick Garotti CARRIED



5.2 BELL BARDIA AND TARAKAN ESTATES, HEIDELBERG WEST

SOCIAL HOUSING RENEWAL PROJECT

Ms Gilda May, Mr Kevin Biaggini and Mr David Mulholland spoke to the item.

EXECUTIVE SUMMARY

The Department of Health and Human Services (DHHS) is progressing regeneration of public housing in Heidelberg West as part of the Government’s program to redevelop properties across Melbourne. The project includes landholdings at the Bell Bardia Street and Tarakan Street walk-up flat sites. Public exhibition of the proposed planning scheme changes to facilitate the re-development of these sites (Amendment C118) started on 2 August, with submissions to be provided by 30 August 2017. The Minister for Planning is the Planning Authority for this proposal. All submissions have to be provided directly to the Government’s Social Housing Renewal Advisory Committee. A public hearing to consider submissions will start in October 2017. A Council submission on the proposed amendment generally supporting the proposal and making suggestions relating to the proposed planning scheme provisions, built form, car parking, traffic implications, community infrastructure provision and housing diversity has been prepared for Council endorsement. Resolution (CO2017/182)

That Council endorse a submission to Amendment C118 and submit it to the Social Housing Renewal Advisory Committee outlining:

1. Council does not accept the mix of public and private housing for the two sites. A better mix would have more equal diversity for each site.

2. Support for the proposed zone framework, but need for more information on the proposed mix of retail, commercial and community facilities to be integrated into the developments and clarification on the role of the Minister for Planning as Responsible Authority.

3. Conditional support to proposed building heights, subject to:

a) Clearer commitment to affordable housing and cohousing being introduced for both sites.

b) Better mix and distribution of public and private housing for both sites. c) Changed Development Plan Overlay schedules for the Planning Scheme,

with more clarity for final design of both sites.

4. Changes are needed to the private parking rates in the proposed Parking Overlay to be consistent with rates adopted by Council for the Heidelberg Central and Bell Street Mall Parking Plan.

5. Design of site access should minimise the overall impact on the existing road

network.



6. Need for the release of the social impact assessment for the proposal prior to the

scheduled Advisory Committee hearings to further understand and consider what community programs and services need to be provided, modified or delivered differently in the future.

7. That Council host a public meeting at the Harmony Centre in the Bell Street Mall

as soon as possible, to inform Council’s presentation to the Minister for Planning’s Social Housing Renewal Advisory Committee and correspondence with the Minister for Housing and Minister for Planning.

8. That Council write letters to the Minister for Housing and Minister for Planning to:

a) Advise of Council’s resolution b) Request the establishment of a new Olympia Housing Advisory Committee,

comprised of local residents and others. This includes representation for local cohousing groups, Transition 3081, Banyule Community Health Centre, local schools and Council.

c) Provide information collected by Council from the local community.


5.3 URBAN PLANNING AND BUILDING ACTIVITY REPORT (JANUARY TO JUNE

2017)

Mr Dennis O’Connell and Mr Roger Fyfe spoke to the item.

EXECUTIVE SUMMARY

This report presents and provides commentary on the activities of the Urban Planning and Building Department (consisting of Development Planning, Strategic Planning and Banyule Building Permits and Inspections (BPi)) for the period January to June 2017. Development Planning reporting is about applications received and determined, the backlog of undetermined applications, processing timeframes, planning investigations including infringements and planning reviews at the Victorian Civil and Administrative Tribunal (VCAT). Key highlights include:

Rollout of the e-planning on-line lodgement of permit applications.

Increase in the planning applications and related requests by 6% compared to the previous calendar year.

Increase in the number of determinations by 13.5% compared to the previous calendar year.

Comparable processing timeframes for Planning Permit, and VicSmart applications and amendments in comparison to previous years.

Ongoing challenge exists for alignment between VCAT decisions and Council determinations.

BPi has continued to generate a financial return for Council, by operating a building surveying business as well as subsidising the Statutory Building requirements of the building service. Key highlights include:



Income stream continues to fund the statutory functions of Council’s Municipal Building Surveyor and associated building services. The $213K net positive result was marginally below the budget estimate.

Online building permit lodgement and payment options have been established. Digital assessment of applications has enabled some efficiency improvements as well.

625 building permits were issued by BPi, 23% less than the same period in the previous financial year. A new fee structure has been introduced, geared to permits with greater complexity rather than permits for standard projects by volume builders.

While the total outstanding building investigations remains steady, there are more matters which attract a high and very high risk rating under Council’s Planning and Building Enforcement Framework. 105 (78%) of high & very high matters at the end of December 2016 compared to 111 (75%) for the end of July 2017.

Strategic Planning progressed its work program for planning scheme amendments and urban planning strategies. Key highlights include:

Council adopting a Parking Overlay for the Heidelberg Activity Centre and Bell Street Mall.

Minister for Planning approving new development guidelines for Precincts 2, 5 and 6 of the Greensborough Structure Plan.

Minister for Planning approving a Municipal wide Public Open Space Contribution of 5% (land value).

Completing initial public consultation for a Heidelberg West Urban Design Framework and work progressing so Council can soon consider a draft framework.

Preparing a Development Contributions Plan for future progress as a planning scheme amendment.

Inputs to various Government, other Authority and Proponent projects. These included the Victorian Planning Authority’s planning for the LaTrobe National Employment and Innovation Cluster and the Department of Environment, Land, Water and Planning projects for the Yarra River along with emerging opportunities to refine new residential zones and reviewed development controls in the Ivanhoe Activity Centre in 2017/18.


That Council note the Urban Planning and Building Activities Report for the period January to June 2017.

Moved: Cr Rick Garotti Seconded: Cr Peter Castaldo CARRIED



5.4 EAGLEMONT VILLAGE SHOPPING CENTRE SPECIAL CHARGE - NOTICE OF

DECISION

Maryanne Coffey spoke to the item. EXECUTIVE SUMMARY

Following the Ordinary Council Meeting held on 5 June 2017, and in accordance with the statutory process under the Local Government Act 1989 (“Act”) for the declaration of a Special Charge, public notice of Council’s intention to declare a Special Charge for the Eaglemont Village was advertised in “The Weekly Review - Ivanhoe and Valley” on Wednesday, 14 June 2017. A separate notice advising of Council’s intention to declare the Scheme was mailed by post on 15 June 2017 to all owners and occupiers of properties included in the proposed Scheme with a copy of the public notice. The public notice advised that any person may make a written submission under sections 163A and 223 of the Act. The public notice further advised that any person who will be required to pay the Special Charge (whether an owner or an occupier of a property included in the Scheme) has a right to object to the proposed declaration and may also make a written objection to the Council under section 163B of the Act. The closing date for submissions and objections was on 13 July 2017. Council received by this date a total of 12 written submissions under sections 163A and 223 of the Act. 11 of the submissions were in support of the proposed Scheme for a variety of reasons and one submission was from a resident who believes the program is not working. Council formally considered the written submissions and objections at its Ordinary Meeting on 7 August 2017 and resolved to make a final decision in relation to the Scheme at its Ordinary Meeting to be held on 28 August 2017. This report, following a consideration of submissions by Council, recommends the declaring of a Special Charge for the Eaglemont Village Shopping Centre commencing 1 July 2017 and concluding on the 30 June 2022.


That 1. Council having considered all submissions received under section 223 of the Local

Government Act 1989 (Act) and taken account of any objections lodged under section 163B of the Act and having complied with the requirements of sections 163A, 163B and 223 of the Act, and otherwise according to law, hereby declares a Special Charge under section 163(1) of the Act for the purposes of defraying expenses to be incurred by Council in providing funds to the incorporated body known and operating as the Eaglemont Village Traders Association (Traders Association), 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 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 Eaglemont Village.



2. The criteria which form the basis of the declaration of the Special Charge are the

ownership 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 declaration are included and further, the classification of those properties as receiving a ‘primary’ or ‘secondary’ special benefit.

3. In declaring the Special Charge, 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 Special Charge is 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 Special Charge is declared) and also the total amount of the Special Charge to be levied by Council is referrable to an amount of $14,400 which amount will be levied in each year of the Scheme and which in total will raise an amount of $72,000 over the 5 year period of the Scheme.

5. The period for which the Special Charge is declared and will remain in force is a

period of 5 years commencing on 1 July 2017 and ending on 30 June 2022. 6. The area for which the Special Charge is declared is all of the land referred to as the

Eaglemont Village, as identified and shown on the plan set out in the attachment forming a part of this declaration (being Attachment 1 - Schedule 1).

7. The land in relation to which the Special Charge is declared is all that rateable land

described in the listing of rateable properties set out in the attachment forming a part of this declaration (being Attachment 2 - Schedule 2).

8. The contributions to the Special Charge, based on relevant property classifications

will be declared and assessed in accordance with the Special Charge amounts set out alongside each property in the attachment forming a part of this declaration (being Attachment 2 - Schedule 2).

9. The Special Charge will be levied by Council sending a Notice of Levy in the

prescribed form annually to the person who is liable to pay the Special Charge, which will require that the Special Charge be paid in the following manner –

(a) by one annual payment to be paid in full by the due date fixed by Council in the

notice, which will be a date not less than 30 days after the date of issue of the notice; or

(b) by four instalments, to be paid by the dates which are fixed by Council in the

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

payment options for the Special Charge.



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

the Special Charge 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 Special Charge, and directly or indirectly as a result of the expenditure proposed by the Special Charge, the viability of the Shopping Centre as a business, commercial, retail and professional area, and the value and the use, occupation and enjoyment of the properties and the businesses included in the 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 or 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 Charge is in a ratio of 1:1 (or 100%). This is on the basis that, in the opinion of Council, the total amount of the Special Charge to be levied and all of the services and activities to be provided from the expenditure of the Special Charge 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 (in circumstances where there are no other special benefits or community benefits accruing from the Special Charge).

13. The Traders’ Association be authorised to administer the proceeds of the Special

Charge on the express condition that the Traders’ Association enters into a funding agreement with Council for the period of the Special Charge.

14. Notice be given to all owners and occupiers of properties included in the Scheme

and all persons who have lodged a written submission of the decision of Council to declare and levy the Special Charge commencing on 1 July 2017, and the reasons for the decision.

15. For the purposes of paragraph 14, the reasons for the decision of Council to declare

the Special Charge are that –

(a) there is no objection to the Scheme and it is otherwise considered that there is a broad level of support for the Special Charge from all property owners and occupiers;

(b) Council considers that it is acting in accordance with the functions and powers

conferred on it under the Local Government Act 1989, having regard to its role, purposes and objectives under the Act, particularly in relation to the encouragement of commerce, retail activity and employment opportunities in and around the Scheme area;

(c) all persons who are liable or required to pay the Special Charge and the

properties respectively owned or occupied by them will receive a special benefit in the form of an enhancement or maintenance in land values and/or a maintenance or enhancement in the use, occupation, and enjoyment of the properties; and

(d) the basis of the distribution of the Special Charge amongst those persons who

are liable or required to pay the Special Charge is considered by Council to be fair and reasonable.



16. The Traders’ Association be notified of the matters specified in paragraphs 1 and 13

of this resolution. Moved: Cr Peter Castaldo Seconded: Cr Craig Langdon CARRIED

Cr Peter Castaldo left the Chamber at 8.14pm. Cr Peter Castaldo returned to the Chamber at 8.15pm.

5.5 NORTH EAST LINK UPDATE

Mr Dennis O’Connell, Ms Michelle Giovas and Mr David Mulholland spoke to the item.

EXECUTIVE SUMMARY

On 7 August 2017, Council considered an item of Urgent Business regarding the Premier’s Announcement on the North East Link. The North East Link Authority (NELA) announced four potential corridor options, with each starting at the Ring Road in Greensborough and connecting to either the Eastern Freeway or EastLink.

NELA conducted ten drop-in information sessions throughout north/east Melbourne between 12 and 24 August, including Ivanhoe (13 August), Rosanna (16 August) and Greensborough (20 August). Council representatives attended all ten information sessions. The community had many queries and raised numerous concerns at these information sessions.

There are concerns about the timing of the announcement with no advance notice to Council and just five (5) days’ notice to the community prior to the first drop-in information session on 12 August. The consultation period is also very short with information sessions running for under two weeks. The consultation process is considered to be rushed and insufficient to allow the community to fully participate. NELA have advised in response to a letter sent by the North East Group of Councils that feedback from municipalities on the materials released to date will be accepted up until the 18 September 2017. Following a review of the technical summary material, the following questions and queries are raised:

The Technical Summary appears more a communications document rather than a sound piece of transport planning and analysis.

Most of the route appraisals raise methodological issues, have an incorrect focus, or lack appropriate evidence base.

An infrastructure response is advanced as the first option without looking at the potential role and contribution of integrated traffic management options.

There appears to be a missed opportunity to understand an intense public transport, walking and cycling scenario rather than a single road transport option.

The impacts of induced travel after completion of North East Link need to be considered.

If freight movement is the primary driver for a North East Road link, routes such as Corridor A become problematic given the attractiveness for single occupancy private commuters.

There are significant connectivity and access challenges for walking and cycling, and potentially public transport modes across Corridors.



Road Tolling and its impacts on local traffic roads has not been addressed.

Specifically in relation to Corridor A, concerns can be grouped under four (4) areas

Environment

Social/Community Connectiveness

Amenity

Traffic and Transport.

Council has long recognised the need to complete Melbourne’s Ring Road as a direct orbital link from the Metropolitan Ring Road to Eastlink at Ringwood. To help inform a response to the options released by NELA, and to provide the community with a further opportunity to learn more about the North East Link, Council will host a community forum at The Centre Ivanhoe on Wednesday 6 September, from 7pm to 9pm.

A survey of all residents is recommended to confirm which route is preferred and the key issues to be considered in the planning for the Link. Options include an online survey on Council’s website, on Shaping Banyule or a mail out to the community.

The Community Forum and Community Survey require budget allocation.


That Council:

1. Note the Banyule Council North East Link Corridors Community Forum scheduled for 6 September commencing at 7pm to be held in the Centre Ivanhoe.

2. Undertake a survey, by unaddressed mail, of all residents within the municipality to confirm which route is preferred and the key issues to be considered in the planning for the Link. The survey also be made available on Council’s Shaping Banyule website.

3. Provide listing of community issues raised to the State Government and NELA.

4. Proceed with the Community Forum and resident survey at an unbudgeted cost of approximately $50,000 to be allocated from the 2017/18 Budget.

5. Write to NELA advising them Council is consulting with its community and seeks an extension of the 18 September 2017 deadline for the receipt of feedback from councils survey.

Moved: Cr Craig Langdon Seconded: Cr Tom Melican CARRIED

6. PARTICIPATION – COMMUNITY INVOLVEMENT IN COMMUNITY LIFE

Nil



7. PERFORMANCE - USE OUR RESOURCES WISELY

Cr Peter Castaldo left the Chamber at 8.32pm. 7.1 BANYULE DEVELOPMENT CONTRIBUTION PLAN

Mr Kevin Biaggini spoke to the item. EXECUTIVE SUMMARY

A Banyule Development Contribution Plan (Banyule DCP) has been prepared, along with a DCP Overlay for the Banyule Planning Scheme. This DCP proposal has potential to recoup $9.8M from developers over 20 years. This new income source helps to deliver improved financial sustainability for Council’s long-term capital planning. Preparing and introducing a DCP requires Council to fulfil various Government requirements and comes with resourcing implications. The implications can be resolved by appointing a DCP officer to oversee the setup and operation of the DCP into corporate processes and systems. This person will report to a Steering Committee Moving forward, the next step is for Council to pursue the Minister for Planning’s authorisation to progress a Planning Scheme Amendment to introduce a DCP Overlay into the Banyule Planning Scheme. Also, a DCP Officer should be engaged to ensure Council processes and systems are in-place so the DCP can ‘go-live’ as soon as the Planning Scheme Amendment is approved by the Minister for Planning.


That Council:

1. Write to the Minister for Planning to seek authorisation to publically exhibit Amendment

C115 to the Banyule Planning Scheme for a DCP Overlay and notice under sub-

section 19(1)(b) of the Planning and Environment Act 1987 will not be required.

2. Approve the Draft Banyule Development Contribution Plan (2016-17) Report and Draft

C115 Development Contribution Plan Overlay, with:

(a) The capital projects listed being managed through Council’s annual capital works

program and reported annually to the Government through Council’s Annual

Report.

(b) Corporate processes and systems being reviewed to ensure Council’s Collection

Agency and Development Agency obligations for the DCP are in place before the

DCP goes into operation.

3. Requires construction of all projects listed in the DCP Report, unless Council receives

and approves a separate report about an equivalent replacement project that will be

delivered within the life of the DCP.



4. Progress recruiting for a DCP Officer to administer the review of corporate processes,

prepare recommendations, implement changes and enable future operation of the

DCP.

5. Write to the Minister for Planning to seek clarification on how the new 2016-17 DCP

reporting requirements have a bearing on the preparation of a DCP and whether any

future changes to Government Practice Notes are anticipated.

6. Be informed that minor refinements may be made to the Draft Banyule Development

Contribution Plan (2016-17) Report and Draft C115 Development Contribution Plan

Overlay for:

(a) Summary of relevant policies, strategies and reports (b) Procedural matters for future DCP operation (c) Infrastructure project details for project names and groupings

7. Be updated after public exhibition of Amendment C115 to:

(a) Consider received submissions

(b) Receive an update on DCP Officer recruiting

(c) Receive an update on review of corporate processes to support future DCP operation.

Moved: Cr Rick Garotti Seconded: Cr Craig Langdon CARRIED

Councillor Castaldo returned to the Chamber at 8:35 pm.

7.2 56 JACQUELINE ROAD, BUNDOORA - PROPOSED REMOVAL OF RESERVE STATUS AND SALE OF LAND TO ABUTTING OWNER

Mr Brian Grace and Mr Kevin Biaggini spoke to the item. EXECUTIVE SUMMARY

The reserve is known as 56 Jacqueline Road, Bundoora (the Land) and is currently a Reserve for municipal purposes. This report discusses the proposal to remove the reservation status from the Council owned land known as Jacqueline Road Reserve, 56 Jacqueline Road, Bundoora, and sell to the abutting owner at 54 Jacqueline Road (the applicant).


That Council, being of the opinion that the reserve known as 56 Jacqueline Road, Bundoora, is surplus to Council’s and the community’s needs, now directs that: 1. Pursuant to Part 4 of the Planning and Environment Act 1987 and Section 24A of the

Subdivision Act 1988, the statutory procedures be commenced to remove the reservation status from the Land;



2. Following the successful completion of item 1 above, in accordance with sections 190 and 223 of the Local Government Act 1989 (“the Act”), commence the statutory procedures to give public notice of its intention to sell the Land, in the “Diamond Valley Leader” on 5 September 2017 and 6 September 2017, respectively;

3. Council considers any submissions received in relation to the proposed sale of the

Land pursuant to section 223 of the Act at an Ordinary Meeting of Council to be held at 7.00pm on 16 October 2017 in the Council Chambers, 275 Upper Heidelberg Road Ivanhoe;

4. In the event of no submissions being received, Council make a decision to sell the

Land at a future Ordinary Meeting of Council. 5. In the event of submissions being received, Council make a decision in relation to

the proposed sale of Land at a future Ordinary Meeting of Council. Moved: Cr Rick Garotti Seconded: Cr Craig Langdon CARRIED

7.3 AWARD OF CONTRACT 0921-2017 CONTRACTORS FOR MINOR CIVIL WORKS

PANEL

EXECUTIVE SUMMARY

This report is to consider the awarding of Contract No 0921-2017 for ‘Contractors for Minor Civil Works Panel’. Council delivers a diverse range of projects across its Capital Works and building maintenance programme with circa fifty percent of the programme related to civil works. Analysis of the delivery of the 2016/17 Capital Works programme identified that to increase efficiency and value for money, Council should appoint a panel of registered civil contractors to undertake minor civil works.

The funding for all works undertaken under this contract will be from Councils Capital Works programme, which is adopted at the start of each financial year.

The anticipated expenditure on this contract is approximately $1.5M per year over the expected three year contract. The proposed contract term is one (1) year initially with extension options of one plus one (1+1) at Councils discretion.

Tenders were advertised in The Age on 20 May 2017 and on Council’s web site. During the period that the tenders were open, thirty four (34) companies downloaded the tender documents. Tenders closed at 15:00hrs on 13 June 2017 and nine (9) submissions were received by the closing time.

The Tender Evaluation Panel recommends that Council award, Contract No. ‘0921-2017 Contractors for Minor Civil Works Panel’, on a schedule of rates basis to five contractors. Resolution (CO2017/188)

That the item be deferred. Moved: Cr Rick Garotti Seconded: Cr Craig Langdon CARRIED



7.4 BANYULE GRANTS PROGRAM POLICY

EXECUTIVE SUMMARY

Council distributes $250,000 annually through its Community Grants program. In addition, it manages and administers the various trust grants on behalf of Greensborough, Montmorency/Eltham and Watsonia Returned Services League (RSL’s). Council’s approach to managing and implementing its grants program has been developed over years of reflective learning on its experience of being a grant maker. The community grants process is a means by which Council can address community needs through the provision of funding to local groups, agencies and individuals. Grants are an investment in the community, strengthening community organisations and building bridges between these groups and Council. In 2016 an Internal Audit recommended the development of a grants policy outlining the existing robust governance and administration of Council community grants programs. The Banyule Grants Program Policy based on contemporary best practice, provides the framework for Council to allocate community grant funds in a transparent, equitable, ethical, effective and consistent manner.


That Council endorse the Banyule Grants Program Policy.


7.5 REAPPOINTMENT OF INDEPENDENT AUDIT & RISK ADVISORY COMMITTEE

MEMBER

EXECUTIVE SUMMARY

A Council must establish an Audit Committee in accordance with Section 139 of the Local Government Act 1989. It is an advisory Committee of Council. The Audit Committee Charter outlines the role of the Committee and terms of reference. The Audit Committee plays a vital role in reviewing Council’s governance arrangements and includes oversight responsibilities on financial reporting, compliance requirements, internal control systems and risk and fraud prevention management systems. The one-year appointment for one of the current Independent Representatives, John Purcell, is due to conclude as at 30 September 2017. This Report seeks to review the appointment term for John Purcell, Independent Representative, on Council’s Audit & Risk Advisory Committee.




That John Purcell be reappointed as an Independent Representative of the Audit & Risk Advisory Committee with his new one-year term of appointment concluding on 30 September 2018.

Moved: Cr Rick Garotti Seconded: Cr Peter Castaldo CARRIED

7.6 ASSEMBLY OF COUNCILLORS

EXECUTIVE SUMMARY

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

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

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

delegated to a person or committee. In accordance with Section 80A of the Local Government Act 1989 Council is required to report as soon as possible to an Ordinary Meeting of Council a record of any assemblies of Councillors held. Below is the latest listing of notified assemblies of Councillors held at Banyule City Council. RECORD OF ASSEMBLIES

1 Date of Assembly: 31 July 2017

Type of Meeting: Councillor Briefing

Matters Considered: Presentation by Local Government Investigations and Compliance Inspectorate (LGICI)

Councillors Present: Peter Castaldo Mark Di Pasquale Craig Langdon Tom Melican Wayne Phillips Alison Zandegu

Staff Present: Simon McMillan – Chief Executive Officer Allison Beckwith – Director Community Programs Scott Walker – Director City Development Geoff Glynn – Director Assets & City Services Marc Giglio – Director Corporate Services Gina Burden – Manager Governance and Communication Vivien Ferlaino – Governance Coordinator

Others Present: David Wolf, Chief Municipal Inspector, LGICI Lydia Wilson, Independent Chairperson, Chief Executive Officer Employment Matters Committee

Conflict of Interest: Nil



2 Date of Assembly: 31 July 2017

Type of Meeting: CEO Employment Matters Committee

Matters Considered: Confidential Personnel matters

Councillors Present: Alison Zandegu Mark Di Pasquale Craig Langdon Tom Melican Peter Castaldo Wayne Phillips

Staff Present: Simon McMillan – Chief Executive Officer

Others Present: Lydia Wilson, Independent Chairperson, Chief Executive Officer Employment matters


3 Date of Assembly: 7 August 2017


Matters Considered: Items on the Council Agenda for the Ordinary Meeting of 7 August 2017 (excluding confidential items) as listed below:

Urgent Business

1.1 North East Link – Premier’s Announcement 7 August 2017

1.2 Olympic Village Primary School Stadium

Reports

3.1 Aged Services Solar Program Special Charge Scheme - Consideration of Submissions and Objections

3.2 Banyule Tennis Strategy

3.3 Draft Banyule Older Adults Strategic Plan 2017 - 2021

4.1 Balloons at Festivals and Events

5.1 Developments Victoria Proposal for 421 Upper Heidelberg Road, Ivanhoe - Yarra Valley Water Tank Site

5.2 Hurstbridge Railway Line Improvements

5.3 Banyule On-Street Parking Management Framework

5.4 Eaglemont Village Special Charge - Consideration of Submissions

5.5 Macleod Shopping Village Special Charge - Notice of Decision

5.6 Greensborough Town Centre Special Rate and Charge - Notice of Decision

7.1 21-31 Knight Street, Watsonia - Surplus Land

7.2 Report on Property transactions for the six months ending 30 June 2017

7.3 Committees Report

7.4 Items for Noting



7.5 Assembly of Councillors

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

Staff Present: Simon McMillan – Chief Executive Officer Allison Beckwith – Director Community Programs Geoff Glynn – Director Assets & City Services Marc Giglio – Director Corporate Services Gina Burden – Manager Governance and Communication Kellie O’Shea – Senior Governance Officer James Stirton – Manager Major Properties Joel Elbourne – Manager Urban Planning & Building Joseph Tabacco – Manager Property & Economic Development Daniel Kollmorgen – Manager Transport, Sustainability and Municipal Laws Fiona Athersmith – Media & Marketing Communications Officer

Others Present: Nil




Matters Considered: 1. Boulevard Christmas Lights 2. Aged Services Waiting List Update & Options 3. 3081 Report Card 4. Naturestrip Planting 5. Heidelberg West Social Housing

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

Staff Present: Simon McMillan – Chief Executive Officer Allison Beckwith – Director Community Programs Marc Giglio – Director Corporate Services Scott Walker, Director City Development Vivien Ferlaino – Governance Coordinator Peter Benazic – Manager Parks & Gardens Jeff Parkes – Open Space Planning Co-ordinator Darren Bennett – Manager Leisure, Recreation & Culture Services Jacqui Ratcliffe – Festival Officer Lisa Raywood – Manager Health, Aged & Community Planning Corrienne Nichols – Home Support Services Coordinator



Giovanna Savini – Manager Youth & Family Services Roberta Colosimo – Youth & Community Partnership Coordinator Joseph Tabacco – Manager Property & Economic Development James Stirton – Manager Major Properties

Others Present: Nil



Type of Meeting: Confidential Briefing

Matters Considered: Confidential matters

Councillors Present: Peter Castaldo Mark Di Pasquale Rick Garotti Craig Langdon Wayne Phillips Alison Zandegu

Staff Present: Simon McMillan – Chief Executive Officer Allison Beckwith – Director Community Programs Marc Giglio – Director Corporate Services Scott Walker, Director City Development Vivien Ferlaino – Governance Coordinator Peter Benazic – Manager Parks & Gardens Joseph Tabacco – Manager Property & Economic Development James Stirton – Manager Major Properties

Others Present: Nil



That the Assembly of Councillors report be received.




7.7 COUNCIL MEETING DATES FOR 2018

EXECUTIVE SUMMARY

The Local Government Act 1989 requires Council to fix the dates, times and place of Council Meetings and to provide public notice of the Meeting schedule which requires 7 days notice of an Ordinary Meeting or Special Meeting. The dates and venues of Council Meetings are published in Council’s annual calendar, The Banner and the local Leader newspapers. The proposed dates for 2018 are based on a meeting every 3 weeks, and takes into consideration Public Holidays, the legislative requirements for the Budget & Council Plan timetable, the Election of Mayor, and the Australian Local Government Association (ALGA) National General Assembly dates. The purpose of this report is to consider and approve a schedule of meeting dates for the Council Meetings for 2018.


That Council meetings commence at 7.00pm and the dates for 2018 be as follows:

29 January

4 June

8 October

19 February

25 June

29 October

19 March

16 July

12 November (Mayoral Election)

9 April

6 August

19 November

30 April

27 August

10 December

21 May

17 September




8. SEALING OF DOCUMENTS

8.1 SEALING OF DOCUMENTS


That the Common Seal of the Banyule City Council be affixed to the following documents: 1. The Deed of Renewal and Variation of Lease between Greensborough Plaza TC Pty

Limited (Landlord) and Banyule City Council (Tenant) in respect of Shop 378a, Level 3, Greensborough Plaza, 25 Main Street, Greensborough (occupied by Diamond Valley Community Support Inc) for the period of three (3) years from 14 November 2017 to 13 November 2020.

2. Lease between Banyule City Council and Bellfield Community Centre Inc for the

premises at 96 Oriel Road Bellfield, for the period of five (5) years commencing 1 January 2017 and ending 31 December 2021.

3. Lease between Banyule City Council and Bellfield Community Garden Inc for part of

the land at 96 Oriel Road Bellfield, for the period of five (5) years commencing 1 January 2017 and ending 31 December 2021.


9. NOTICES OF MOTION

Nil

10. GENERAL BUSINESS

10.1 TOP 50 PUBLIC SECTOR WOMEN - 2017

Cr Craig Langdon congratulated Allison Beckwith, Director Community Programs who has been named one of Victoria’s Top 50 Public Sector Women. Allison joins many other inspiring recipients from across local and state government and statutory authorities on this year’s list. The Top 50 Public Sector Women, hosted by Davidson, recognises exceptional female leaders building high performing teams and transforming their communities. Allison was one of only six who were also awarded a Davidson Leadership Accelerated Program scholarship. Allison’s nomination to this prestigious award was informed from a vast collection of anecdotes, reflections and admiration of staff and peers. The genuine reflections of her extensive contribution to community, culture and demonstration of positive values and integrity was truly inspirational. Cr Langdon said he is sure he speaks on behalf of all in extending a heartfelt congratulations to a most deserving and inspirational woman.



10.2 NORTHERN MULTICULTURAL BUSINESS AWARDS

Cr Langdon advised that last Thursday he had the privilege to attend the Northern Multicultural Business Awards at the Plenty Ranges Arts and Convention Centre in South Morang. He informed Council that two Banyule Businesses received major awards on the night. One award was received under the category of 'Business Excellence' - Dolphin Products - situated in Heidelberg West won. This category was for eligible businesses or social enterprises who have been operating for 5 years and over. Under the category 'Most Promising New Business Award' – Deep Ocean Fish & Chippery - also situated in Heidelberg West won. This category was based on businesses or social enterprises that have been operating between 1 and up to 5 years are eligible for this award. Judging for both awards were based on a combination of the following factors: Criteria considered:

· Profitability · Innovation and/or creativity · Financial & social challenges overcome · Contribution to community

The awards were promoted across Banyule, Darebin, Whittlesea, Moreland and Moonee Valley.

10.3 GOOD GOVERNANCE MEETING

Cr Garotti advised that on Sunday 20 August he met with Brian Grace and four others from Good Governance Banyule (GGB).

Cr Garotti commented that it was a productive meeting with open and respectful discussion on a range of issues regarding council’s consultations and engagement activities.

Cr Garotti has passed on a number of comments and suggestions from GGB to Banyule’s Chief Executive Officer for consideration action.

ADJOURNMENT OF MEETING

Resolution (CO2017/194) Council resolved that the Meeting be adjourned to consider the Public Forum. Moved: Cr Wayne Phillips Seconded: Cr Peter Castaldo CARRIED

The Meeting was adjourned at 8.40pm.



The Public Forum concluded at 9.05pm. Closure of Meeting to the Public

That in accordance with Section 89(2) of the Local Government Act 1989, Council close the Meeting to members of the public and adjourn for five minutes to allow the public to leave the Chamber prior to considering confidential item 11.1. Moved: Cr Rick Garotti Seconded: Cr Craig Langdon CARRIED

The Meeting was adjourned at 9.05. The Meeting was closed to the public at 9.10pm.

Closure of Meeting

The Meeting was closed at 9.28pm.

DATED:........................... DAY OF ........................... 2017

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

The next Ordinary Meeting of Council will be held on Monday, 18 September 2017