Banyule City Council 2 March 2015 Agenda by Banyule City Council

Ordinary Meeting of Council Council Chambers, Service Centre 275 Upper Heidelberg Road, Ivanhoe 2 March 2015 commencing at 7.45pm Following the public forum commencing at approximately 7.30pm and may be extended to 8pm if necessary.

AGENDA

The Mayor’s Acknowledgement of the Wurundjeri People “Our Meeting is being held on the traditional lands (country) of the Wurundjeri people and I wish to acknowledge them as the traditional owners and pay my respects to their Elders.” Apologies and Leave of Absence Nil Confirmation of Minutes Ordinary Meeting of Council held 16 February 2015 Disclosure of Interests Nil 1. Petitions 1.1 Car Parking in the Ivanhoe Shopping Area ............................................................. 3 REPORTS: 2. People – Community Strengthening and Support Nil 3. Planet – Environmental Sustainability Nil 4. Place – Sustainable Amenity and Built Environment 4.1 Consent to remove vegetation from 5 Whitelaw Court, Eaglemont.......................... 7 5. Participation – Community Involvement in Community Life 5.1 Diamond Valley Relay For Life 2015 ....................................................................... 9 6. Performance - Use Our Resources Wisely

AGENDA (Contâ&#x20AC;&#x2122;d) 6.1 6.2 6.3 6.4 6.5 6.6

Notice of Intention to Cause a General Valuation.................................................. 13 219 Southern Road, Heidelberg West - Proposed Sale of Land Commence Statutory Procedures ......................................................................... 15 1 Stradbroke Avenue Heidelberg - Proposed Exchange of Land .......................... 21 Assembly of Councillors ........................................................................................ 27 29 Alamein Road Heidelberg West - Proposed Sale of Land ................................ 31 Proposed Governance Local Law No.2 (2015) - Incorporating Meeting Procedures Code .................................................................................... 36

7. Sealing of Documents Nil 8. Notices of Motion 8.1 Shared Services in Local Government .................................................................. 45 8.2 Council Committees .............................................................................................. 47 8.3 Capacity of the Hurstbridge Rail Line .................................................................... 48 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 Legal advice

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

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1.1

CAR PARKING IN THE IVANHOE SHOPPING AREA

Author:

David Bailey - Engineering Co-Ordinator, City Development

Ward:

Griffin

File:

F2015/3

EXECUTIVE SUMMARY A petition with 135 signatures has been received, requesting the reinstatement of all-day parking in the Ivanhoe Activity Centre. The petition prayer is as follows: â&#x20AC;&#x153;We, the below named and signed, petition the Banyule City Council to reinstate the all day parking zones behind the Upper Heidelberg Road shopping strip as previously provided. There is insufficient all day parking for the amount of workers in the street who also have to contend with train users. The introduction of 4 hour parking zones does nothing to free up parking in these areas but simply acts as a means to "catch out" the people who work to make Upper Heidelberg Road a vibrant hub. The new parking restrictions will also result in increased parking in residential areas and well as increased road traffic from people unnecessarily shifting their cars. We would appreciate the above request be instituted immediately.â&#x20AC;? It is proposed that all-day parking options are assessed as part of the future Ivanhoe Parking Plan. A copy of the cover letter for the petition is provided as Attachment 1. RECOMMENDATION That Council: 1.

Receives and notes the petition.

Consider the assessment of all-day parking options as part of the future Ivanhoe Parking Plan.

Informs the primary petitioner of this resolution.

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1.1

Petitions

1.1

Petitions

CAR PARKING IN THE IVANHOE SHOPPING AREA cont’d DISCUSSION The number of signatories from individual businesses is shown in Table 1 below. Table 1 – Employer of Main Signatories to Petition Employer of Main Signatories Miles Real Estate Hocking Stewart Real Estate Petridis Architects 182 Upper Heidelberg Road (ANZ Bank) Rush & Failla Solicitors

No. of Signatures 45 9 9 8 7

The Banyule Activity Centre Car Parking Policy (ACCPP) adopted in 2010 provides direction on how to best manage on-street parking around Activity Centres. The ACCPP acknowledges car parking as a ‘valued and finite commodity’, and aims to manage parking in a way that promotes high parking turnover at the core of Activity Centres in order to increase parking opportunities for visitors. This is achieved through the articulation of a number of zones around each Activity Centre where residents have priority for all-day parking and non-residents compete for access to shorter term on-street parking. The closer a zone is to the Activity Centre, there is more demand for parking for all users. This demand is managed by providing timed parking restrictions. In line with this, long term on-street parking, including trader, employee and commuter parking, is not considered appropriate within the core area of Activity Centres, as each parking space used for all-day parking potentially offsets up to eight short term customers and visitors. It is recognised that there is a need for some longer term parking in the area for non-visitors. In consideration of the range of road users, the development of Parking Plans for Heidelberg, Greensborough and Ivanhoe Activity Centres was identified in Council’s Activity Centre Car Parking Policy and Strategy. They are seen as key components of bringing each of the Centres’ parking facilities into line with this Policy and Strategy and seek to provide for a more equitable parking distribution to meet current and future demands. The Heidelberg Parking Plan is currently being developed. The recent changes to the parking restrictions in the Bryant Reserve car park to provide four-hour parking was undertaken in consultation with the Traders Association and the Ward Councillor. The Traders Association indicated concern about the number of commuters and teachers parking all day and the lack of parking opportunities for their customers. All day parking would provide no guarantee that traders would have unrestricted use of the bays as they would have to compete with other users seeking all day parking It is proposed that the assessment of all-day parking be considered as part of the future Ivanhoe Parking Plan.

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Petitions

1.1

CAR PARKING IN THE IVANHOE SHOPPING AREA contâ&#x20AC;&#x2122;d

ATTACHMENTS No.

Title

Cover letter for petition

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Page 5

4.1

CONSENT TO REMOVE VEGETATION FROM 5 WHITELAW COURT, EAGLEMONT

Author:

Jackie Bernoth - Co-ordinator Development Planner , City Development

Ward:

Griffin

File:

F2015/167

EXECUTIVE SUMMARY Council has received a request for consent to the removal of trees at 5 Whitelaw Court, Eaglemont. The trees in question are environmental weeds, and are considered to be hazardous by Council’s Development Planning Arborist. No planning permit is required for their removal, however a restrictive covenant registered on Title provides that they cannot be removed without the written permission of the Mayor Councillors and Citizens of the City of Heidelberg. It is recommended that Council gives consent to enable the removal of the trees. RECOMMENDATION That Council write to the property owner of 5 Whitelaw Court, Eaglemont, providing permission for the removal of five (5) sugar gums (Eucalyptus cladocalyx), and the undertaking of works to other trees on the property, to the satisfaction of Council 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. CITY PLAN This report is in line with Council’s City Plan key direction to “act as environmental stewards”. BACKGROUND Due to a covenant on the site’s property title (P198383C), Council consent is required for the works proposed at the site. The trees in question are mature sugar gums (Eucalyptus cladocalyx), of which there are more than 10 located across the site. This species is listed as a weed in the Banyule Weed Management Strategy 2006. Planning approval is not required for works to these trees. However, the covenant states that the owner of the lot (Title Volume 9850 Folio 923) cannot “cut down, remove any major part or whole of the existing sugar gums presently standing on the said land… except with written permission of the Mayor Councillors and Citizens of the City of Heidelberg or their successors…”

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4.1

Place – Sustainable Amenity and Built Environment

4.1

Place – Sustainable Amenity and Built Environment

CONSENT TO REMOVE VEGETATION FROM 5 WHITELAW COURT, EAGLEMONT cont’d Locality Plan

TECHNICAL CONSIDERATION Following submission of an arborist report (included with a formal request to Council to undertake the works) Council’s Development Planning Arborist supports the proposed removal of five of the trees located within the lot which is consistent with the independent arboricultural report submitted with the request. Council’s Development Planning Arborist also supports any pruning to the remaining trees required to suitably reduce their hazard potential and/or improve their condition. The management of sugar gums in a residential context is typically challenging given the species’ poor capacity to compartmentalise decay, their weed potential, and the poor form of the specimens given the density of their establishment. CONCLUSION The proposed removal of five sugar gums at 5 Whitelaw Court is considered to be appropriate in arboricultural terms, and consent to their removal as required by the Covenant is considered to be appropriate. ATTACHMENTS Nil

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5.1

Participation – Community Involvement in Community Life

5.1

DIAMOND VALLEY RELAY FOR LIFE 2015

Author:

Darren Bennett - Manager Leisure, Recreation & Culture, Community Programs

Ward:

Hawdon

File:

F/2014/492

EXECUTIVE SUMMARY At the Ordinary Meeting of Council held on the 2 February 2015, Council resolved the following: “That a report be prepared for the next Council meeting to consider possible financial sponsorship support of the Diamond Valley Relay For Life 2015 on 28 & 29 March 2015, including traffic management measures and allocation of extra waste and recycling bins to assist with the clean up after the event.” Relay For Life is a chance for communities to recognise and celebrate those who have overcome cancer or are undergoing treatment, as well as the people who care for them. Relay also provides an opportunity to celebrate the memory of loved ones lost to cancer. The Diamond Valley Relay For Life has been held annually at Willinda Park, Greensborough since 2009. This year’s event will begin at 12:45pm on Saturday 28 March and conclude at 10.00am Sunday 29 March. Each Relay For Life event is organised by a local volunteer committee on behalf of Cancer Council. The Diamond Valley Relay For Life Organising Committee submitted an event permit to Council in December 2014 and officers are currently working with the Organising Committee to finalise the draft Event Operation and Safety Plan. The Organising Committee are seeking Council’s support with Waste Management and also with the development and implementation of a Traffic Management Plan. Officers have held preliminary discussions with Council’s internal Waste Management and Traffic Engineering area. The support with Waste Management has been confirmed however further discussion in relation to the Traffic Management Plan is required to confirm the details of the Plan and confirm what support the Organising Committee is seeking. In 2013, Council financially supported the event by providing a total of $4,000. No funding allocation is provided for the 2015 event. RECOMMENDATION That Council: 1.

Request officers continue to support The Diamond Valley Relay For Life Organising Committee and assist with finalising the event permit application for The Diamond Valley Relay For Life to be held at Willinda Park, Beatrix Street, Greensborough from 12:45pm on Saturday 28 March to 10.00am Sunday 29 March 2015.

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5.1

Participation – Community Involvement in Community Life

DIAMOND VALLEY RELAY FOR LIFE 2015 cont’d

Supply an additional twenty (20) recycling and twenty (20) rubbish bins for the event and pick up the bins at the conclusion of the event at no cost to The Diamond Valley Relay For Life Organising Committee. 3.

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. CITY PLAN This report is in line with Council’s City Plan key direction to “promote and support health and wellbeing”. BACKGROUND Relay For Life began in the USA in May 1985 when colorectal surgeon, Dr. Gordy Klatt, wanted to raise awareness of cancer and boost the income of his local cancer charity. He spent a gruelling twenty-four hours circulating a track in Tacoma, Washington, and raised over US$27,000, and showed that one person really can make a difference. Since then, Relay For Life has become the largest fundraising event for cancer in the world. Celebrated by more than 4 million people in over 20 countries, this inspirational overnight event empowers and unites local communities to fight cancer. Relay For Life began in Australia in 1999 when the Victorian community of Murrumbeena raised over $75,000 for Cancer Council. Relays are now held in every Australian State and Territory, with more than 134,000 participants raising over $24 million each year. Every dollar raised goes towards funding Cancer Council’s vital research, prevention and support programs, many of which help people in your community every day. The Diamond Valley Relay For Life has been held annually at Willinda Park, Greensborough since 2009. HUMAN RIGHTS CHARTER In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in this report. It is considered that the subject matter does not raise any human rights issues.

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Participation – Community Involvement in Community Life

5.1

DIAMOND VALLEY RELAY FOR LIFE 2015 cont’d CURRENT SITUATION Relay For Life is a chance for communities to recognise and celebrate those who have overcome cancer or are undergoing treatment, as well as the people who care for them. Relay also provides an opportunity to celebrate the memory of loved ones lost to cancer. Each Relay For Life event is organised by a local volunteer committee on behalf of Cancer Council. The Diamond Valley Relay For Life Organising Committee submitted an event permit to Council in December 2014 and officers are currently working with the Organising Committee to finalise the draft Event Operation and Safety Plan. The Organising Committee are seeking Council support with Waste Management and also with the development and implementation of a Traffic Management Plan. Officers have held preliminary discussions with Council’s internal Waste Management and Traffic Engineering area. The support with Waste Management has been confirmed however further discussion in relation to the Traffic Management Plan is required to confirm what support the Organising Committee is seeking. FUNDING IMPLICATIONS In 2013, Council supported the event by funding $4,000. No direct funding allocation has been provided for the 2015 event. However, Council is able to contribute significant in-kind support by assisting with Waste Management, Traffic Management and also by supporting the Volunteer Organising Committee with the pre-event planning and event permit process. CONSULTATION The Diamond Valley Relay For Life Organising Committee have confirmed that they will distribute a letter to residents a week prior to the event to inform residents of the event. The letter will also advise residents that the sports ground floodlights will be used during the event after 10:00 pm to ensure that the health and safety of participants is protected. Music and entertainment will be provided at the event; however, amplified music will cease after 11:00 pm on Saturday 28 March 2015. TIMELINES The Diamond Valley Relay For Life will be held at Willinda Park, Beatrix Street, Greensborough from 12:45pm on Saturday 28 March to 10.00am Sunday 29 March 2015. CONCLUSION The Diamond Valley Relay For Life provides a fantastic opportunity for the community to come together to recognise and celebrate those who have overcome cancer or are undergoing treatment, as well as the people who care for them. Relay also provides an opportunity to celebrate the memory of loved ones lost to cancer. All Relay For Life events are organised by a volunteer committee – both in the leadup to the event and on the day. Volunteers are the key in bringing together Relay For Life in their community. Without them, local Relay events simply could not happen.

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5.1

Participation – Community Involvement in Community Life

DIAMOND VALLEY RELAY FOR LIFE 2015 cont’d ATTACHMENTS Nil

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6.1

NOTICE OF INTENTION TO CAUSE A GENERAL VALUATION

Author:

Peter Kemm - City Valuer, City Development

File:

F2013/466

6.1

Performance - Use Our Resources Wisely

EXECUTIVE SUMMARY This report seeks a Council resolution to cause a General Valuation of the municipality to be made in accordance with the Valuation of Land Act 1960, and for Council to acknowledge the Statutory Declaration of impartiality, completed by the valuers responsible for the return of the General Valuation. RECOMMENDATION That Council: 1.

Resolve to cause a General Valuation to be made of all rateable and nonrateable property in the City of Banyule and to be returned after 1 January 2016 and before 30 June 2016.

Gives notice to the Valuer-General and every other rating authority interested in the valuation of land within its areas to be notified of the resolution under part (1) above in accordance with Section 6(1) of the Valuation of Land Act 1960.

Carry out the General Valuation in accordance with the provision of the Local Government Act 1989 and the Valuation Land Act 1960.

Note the Statutory Declaration of impartiality and competence made by the Valuers appointed by Council (Peter Kemm, Dale Ziesing and Justine Jacono) for the return of the 2016 General Rating Revaluation.

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6.1

Performance - Use Our Resources Wisely

NOTICE OF INTENTION TO CAUSE A GENERAL VALUATION cont’d The 1 January 2014 assessed levels of value are currently being used for Council’s rating purposes. Therefore, it is necessary for Council to make a formal resolution to cause a Valuation to be made of all rateable and non-rateable properties within the municipality of the City of Banyule and returned to Council no later than 30 June 2016. Pursuant to Clause 13DH(2) of the Valuation of Land Act 1960, prior to Council returning the valuation, the persons appointed to make the valuation must make a Statutory Declaration that the valuation and return will be impartial and true to the best of those persons’ judgements, and will be made by those persons or under their immediate personal supervision. To comply with this legislation provision, Peter Kemm, City Valuer, Dale Ziesing, Assistant Valuer and Justine Jacono, Contract Valuer, have made Statutory Declarations to this effect. CONSULTATION The requirement for a General Valuation is a statutory requirement under the Act, for the purposes of the Local Government Act 1989, therefore consultation is not required. However all ratepayers are informed of the process and have the opportunity to object to the prescribed valuation. CONCLUSION Having procured a Statutory Declaration of impartiality and competence from the appointed Valuers for the return of the 2016 General Rating Revaluation, Council’s declaration authorising a General Valuation is now required to facilitate compliance with statutory obligations. ATTACHMENTS No.

Title

Statutory Decleration

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6.2

219 SOUTHERN ROAD, HEIDELBERG WEST PROPOSED SALE OF LAND - COMMENCE STATUTORY PROCEDURES

Author:

Joseph Tabacco - Manager Property & Economic Development, City Development

Ward:

Olympia

File:

F2013/1097

EXECUTIVE SUMMARY Council is the owner of the land known as 219 Southern Road Heidelberg West (formerly known as part of 233 Southern Road - the subject land). Council has previously identified the subject land as surplus to Council’s needs. A Planning Permit P157/2014, issued on 13 December 2014, allowed a two lot subdivision to create the subject land as a separate parcel of 3319m2 and to create a Municipal Reserve on title for the balance of the land. The permit also allowed for the removal of the restrictive covenant from the title. Subject to complying with the conditions of the permit, the statutory obligations under the Local Government Act 1989 and Council’s Guidelines for the Sale and Exchange of Council Land, the subject land can be readied for sale. Compliance with the permit conditions includes construction of a water main extension from Liberty Parade and will enable certification and registration of the Plan of Subdivision and the issue a Statement of Compliance. Prior to selling land section 189 of the Act provides that Council must give public notice of its intention to do so and obtain a valuation. This report considers the proposal to initiate the statutory process for selling the land. RECOMMENDATION That Council: 1.

In accordance with sections 189 and 223 of the Local Government Act 1989 (Act), authorise the commencement of the statutory procedures relating to Council’s intention to sell the Council-owned land known as 219 Southern Road, Heidelberg West (formerly known as part of 233 Southern Road) (subject land) by giving public notice and inviting written submissions on the proposal in the “Heidelberg Leader” on 31 March 2015.

Receive written submissions and hear submissions on the proposal to sell the subject land from persons who have made a written request to be heard in person or by a party representing them as specified in their submission in accordance with the Act, at its Ordinary Meeting of Council on 25 May 2015 beginning at 7.45pm to be held in the Council Chambers, 275 Upper Heidelberg Road Ivanhoe.

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6.2

Performance - Use Our Resources Wisely

6.2

Performance - Use Our Resources Wisely

219 SOUTHERN ROAD, HEIDELBERG WEST - PROPOSED SALE OF LAND COMMENCE STATUTORY PROCEDURES cont’d OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. CITY PLAN This report is in line with Council’s City Plan key direction to “develop and deliver best value services and facilities”. 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. Section 20 of the Charter provides that “A person must not be deprived of his or her property other than in accordance with law.” It is considered that the subject matter does not raise any human rights issues because any person has a right to make a submission under section 223 of the Act in relation to such a proposal. BACKGROUND Council is the owner of the land known as 233 Southern Road, Heidelberg West, being the whole of the land in Certificate of Title Volume 9967 Folio 292. Planning permit P157/2014 (permit), issued on 13 December 2014, allowed a two lot subdivision to create a separate parcel of 3319m2 and to create a Municipal Reserve on title for the balance of the land (shown green hatched on Figure 1). The permit also allowed for the removal of the restrictive covenant from the title. The separate parcel is to be known as 219 Southern Road Heidelberg West (formerly known as part of 233 Southern Road - the subject land). The subject land is reasonably flat and has good pedestrian access from Southern Road. It suffers from a lack of natural surveillance because it is situated between high fences of neighbouring properties on two sides. The cost of maintaining the subject land has been difficult to determine because it is maintained as part of the larger parcel. The subject land forms part of the Darebin Creek open space corridor and falls within the boundaries of a Joint Community Infrastructure Plan (JCIP). The JCIP incorporates a Masterplan for the Darebin Creek Corridor (Plenty Road to Bell Street). This plan will also provide input to the LaTrobe Employment Custer Planning Framework Plan being prepared by the Metropolitan Planning Authority. The Framework Plan is expected to be completed in the coming months.

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219 SOUTHERN ROAD, HEIDELBERG WEST - PROPOSED SALE OF LAND COMMENCE STATUTORY PROCEDURES cont’d The subject land also falls within the boundaries of City of Darebin’s draft Northland Structure Plan which sets out a vision and framework for managing land use and development over the next 20 years. The Northland Structure Plan is expected to be adopted by Darebin Council in the 2015-2016 financial year. While the plan may make reference to areas of Banyule, the document has not yet been considered or approved by Council.

Figure 1: Two Lot Subdivision

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6.2

Performance - Use Our Resources Wisely

6.2

Performance - Use Our Resources Wisely

219 SOUTHERN ROAD, HEIDELBERG WEST - PROPOSED SALE OF LAND COMMENCE STATUTORY PROCEDURES cont’d CURRENT SITUATION The sale of the subject land is contingent on compliance with the conditions issued in the permit. This report provides an update to Council on the outcome of its permit application and seeks authorisation from Council to give public notice of its intention to sell the subject land. PLANNING CONSIDERATIONS Planning Controls The subject land is included in a General Residential Zone (GRZ) and is subject to Schedule 5 of the Vegetation Protection Overlay (VPO5) and Schedule 1 of the Environmental Significance Overlay (ESO1). The subject land is within an area of Aboriginal Cultural Heritage Sensitivity. It is likely a Cultural Heritage Management Plan will need to be prepared for any proposed development. LEGAL CONSIDERATIONS LOCAL GOVERNMENT ACT 1989 - STATUTORY PROCEDURES Prior to selling land section 189 of the Act provides that Council must give public notice of its intention to do so and obtain a valuation. Section 223(1)(b) of the Act provides that a person may, within 28 days of the date of publication of the public notice, lodge a written submission regarding the proposal to sell land. Where a person has made a written submission to Council requesting that he or she be heard in support of the written submission, Council must permit that person to be heard before a meeting of Council, giving reasonable notice of the day, time and place of the meeting. PUBLIC NOTICE

Council’s Official Newspaper Policy provides as follows: “The Heidelberg Leader and/or Diamond Valley Leader and/or the Heidelberg and Valley Weekly, where appropriate be appointed as Council’s official newspapers for the purpose of providing public notice except where circumstances may be deemed appropriate to use The Age and/or the Herald Sun for particular public notices.” For the purpose of giving public notice for this proposal it is noted that the “Heidelberg Leader” is the newspaper that is generally circulated in the Heidelberg West area.

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219 SOUTHERN ROAD, HEIDELBERG WEST - PROPOSED SALE OF LAND COMMENCE STATUTORY PROCEDURES contâ&#x20AC;&#x2122;d POLICY IMPLICATIONS GUIDELINES FOR THE SALE AND EXCHANGE OF COUNCIL LAND The Guidelines for the Sale and Exchange of Council Land provide that the sale of Council-owned land should be conducted through a public process, unless circumstances justify an alternative method of sale. Any sale of Council land should be in the best interest of the community and provide the best result, both financial and non-financial for Council and the community. FINANCIAL CONSIDERATIONS The indicative cost to comply with the conditions of the permit is $140,000. This includes an estimated $99,000 to construct a water main extension from Liberty Parade. DISCUSSION Residential development on the subject land is consistent with the draft Northland Structure Plan which identifies residential development on the subject land, and at the rear of Liberty Parade properties, with frontage to the east edge of creek parklands. The zoning of the subject land is consistent with the surrounding housing and the purpose of the zone, which includes providing for a diversity of housing types and moderate housing growth, in locations offering good access to services and transport. Therefore, subject to complying with the conditions of the permit, the statutory obligations under the Act and the Guidelines, the subject land can be readied for sale. Compliance with the permit conditions includes construction of a water main extension from Liberty Parade. The works are likely to take up to 8 months to complete. Compliance with the permit conditions will also enable certification and registration of the Plan of Subdivision and the issue a Statement of Compliance for the permit. As previously indicated prior to selling land the Act provides that Council must give public notice of its intention to do so. Consequently Council should undertake the statutory procedures prior to undertaking any works. This will enable Council to give due consideration to any submissions received in response to the public notice. CONCLUSION The subject land is included in a General Residential Zone. Residential development on the subject land is consistent with the likely outcome of the Northland Structure Plan. Therefore the proposal to sell the subject land for residential development is consistent with the zoning and the Northland Structure Plan. The permit has been issued allowing a two lot subdivision to create a separate parcel that can be realised, subject to compliance with conditions. While the costs of the permit works are considerable, those costs can be offset by funds from the sale. However commencement of the works should not commence until Council has had

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6.2

Performance - Use Our Resources Wisely

6.2

Performance - Use Our Resources Wisely

219 SOUTHERN ROAD, HEIDELBERG WEST - PROPOSED SALE OF LAND COMMENCE STATUTORY PROCEDURES contâ&#x20AC;&#x2122;d an opportunity to consider and hear any submissions received in response to its public notice of intention to sell the subject land. In light of the above the proposal to commence the statutory procedures to give public notice of its intention to sell the subject land should be supported. ATTACHMENTS Nil

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6.3

1 STRADBROKE AVENUE HEIDELBERG PROPOSED EXCHANGE OF LAND .

Author:

Jeanette Kringle - Property Co-ordinator, City Development

Ward:

Hawdon

File:

F2013/1250

6.3

Performance - Use Our Resources Wisely

Previous Items Council on 1 December 2014 (Item 6.5 - 1 Stradbroke Avenue Heidelberg - Future use of site) EXECUTIVE SUMMARY The City of Heidelberg Bowling Club Inc leases the Council-owned land on the northwestern corner of Barclay Place and Stradbroke Avenue, Heidelberg, known as 1 Stradbroke Avenue. The Club is currently holding over under an expired lease. A narrow strip of land along the northern boundary of the Council land is occupied by Club improvements, namely shelters and seating (occupied land). The balance of the Council land is not currently being used by the Club for bowling purposes. At its ordinary meeting on 1 December 2014 (F2014/417) Council considered a report on the future use of the Council land and authorised the commencement of the statutory procedures in accordance with section 189 of the Local Government Act 1989 (Act) to give public notice of Council’s intention to exchange land located along the northern boundary of the Council land for a similar area of land owned by the Club located adjacent to the western boundary of the Council land, subject to agreement being reached with the Club to meet Council’s costs in relation to the proposal. Public notice was given in the “Heidelberg Leader’ on 20 January 2015, with submissions on the proposal invited in accordance with section 223 of the Act. The submission period closed at 5:00 pm on 17 February 2015 with no submissions being received. The purpose of this report is for Council to hear and consider any submissions received and decide whether or not to proceed with the land exchange. RECOMMENDATION That Council: 1.

Having complied with sections 189 and 223 of the Local Government Act 1989: a. by giving public notice; b. by providing an opportunity to those who have requested to be heard at Council’s Ordinary Meeting of 2 March 2015 to be heard at that meeting; and c. by recording that no submissions have been received; approves the exchange of land located along the northern boundary of the Council-owned land known as 1 Stradbroke Avenue Heidelberg for a similar area of land owned by The City of Heidelberg Bowling Club Inc located adjacent to the western boundary of the Council-owned land, subject to a valuation being obtained.

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6.3

Performance - Use Our Resources Wisely

1 STRADBROKE AVENUE HEIDELBERG - PROPOSED EXCHANGE OF LAND . cont’d 2.

Acknowledges that The City of Heidelberg Bowling Club Inc has agreed to meet Council’s costs in relation to the exchange of land.

Authorises the signing and sealing at the appropriate time of the necessary documentation to effect the exchange of land referred to in Item 1.

Authorises the signing and sealing of a deed to record the surrender of the existing lease between Banyule City Council and The City of Heidelberg Bowling Club Inc with respect to the Council-owned land known as 1 Stradbroke Avenue Heidelberg.

OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. CITY PLAN This report is in line with Council’s City Plan key direction to “develop and deliver best value services and facilities”. 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. Section 20 of the Charter provides that “A person must not be deprived of his or her property other than in accordance with law.” It is considered that the subject matter does not raise any human rights issues because the power to sell land is conferred on Council by section 189 of the Act. The public were invited to make submissions in relation to the proposal in accordance with section 223 of the Act and no submissions were received. BACKGROUND The City of Heidelberg Bowling Club Inc (Club) gifted (1145m2 of) land on the north western corner of Barclay Place and Stradbroke Avenue Heidelberg to the former Heidelberg Council in the 1930’s, being the land shown in Figure 1. The land known as 1 Stradbroke Avenue Heidelberg (Council land) has been leased back to the Club for many years. The Club is currently holding over under an expired lease.

Ordinary Meeting of Council - 2 March 2015

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1 STRADBROKE AVENUE HEIDELBERG - PROPOSED EXCHANGE OF LAND . contâ&#x20AC;&#x2122;d

Figure1: Council-owned leased land An area along the northern boundary of the Council land is occupied by Club improvements, namely shelters and seating (occupied land). The balance of the Council land is grassed but is too small to be used as a competition green. Recent damage to the Clubâ&#x20AC;&#x2122;s competition bowling green, located on land to the north of the Council land, necessitates the replacement of the existing green. The Club has indicated an intention to construct new shelters and seating to replace the aged infrastructure located on the occupied land. The Club has expressed some concern about replacing the infrastructure on land not owned by them. Also it would make the existing green unplayable in the event that Council terminates the lease because the existing green relies on the shelters and seating. Consideration was also given to relocating the bowling green by 3 metres to the north but this is not considered practical according to advice received by the Club from their bowling green consultant. The previous report to Council indicated the occupied land had an area of approximately 64m2. A feature survey subsequently undertaken reveals the occupied land to be an area of 84m2, as shown on the plan in Figure 2.

Ordinary Meeting of Council - 2 March 2015

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6.3

Performance - Use Our Resources Wisely

6.3

Performance - Use Our Resources Wisely

1 STRADBROKE AVENUE HEIDELBERG - PROPOSED EXCHANGE OF LAND . cont’d

Figure 2: Proposed boundary realignment Officers met with representatives from the Club to discuss the future use of the Council land. During discussions the Club sought to secure tenure of the occupied land. The following options were discussed: 1. 2. 3.

Long term lease of the occupied land; Purchase of the occupied land; Realignment of the title boundaries of the Council land by the exchange of the occupied land for a similar sized parcel of adjacent land owned by the Club.

Council considered these options, and the Club’s preferred option for the land exchange, at its meeting on 1 December 2014 and resolved, to commence the statutory procedures, to give public notice of its intention of the proposed exchange of land. CURRENT SITUATION The Club remains committed to its original request and preference for the land exchange option as set out below: 1. The Club made a gift of this land to the Council in the 1930’s and has maintained it at no cost to Council. We now look to exchange a portion on the western boundary for a portion of almost similar size to the north. 2. Proposal gives Council a greater frontage to Burgundy Street (Barclay Place).

Ordinary Meeting of Council - 2 March 2015

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1 STRADBROKE AVENUE HEIDELBERG - PROPOSED EXCHANGE OF LAND . cont’d 3. This gives the Club the opportunity to replace and improve the bowling green with new shelters, fencing and garden beds. Approval will be sought for the construction of a disabled and unisex toilet block in due course. 4. Resolves a long outstanding issue for both Council and Club to the mutual benefit of each party. 5. Improved ramp entrance ( this is already in place) to the bowling green to the north of the existing steps will provide better access for older members, do away with the existing steps and free up an additional metered parking space for Council. This option allows Council to retain a similar sized parcel of land and protects Council’s long term interest for future realisation. The purpose of this report is for Council to hear and consider any submissions received and decide whether or not to proceed with the land exchange. FUNDING IMPLICATIONS The costs associated with the exchange of land will include engaging a licensed Land Surveyor, legal representatives and fees to the Land Registry, estimated to be in the vicinity of $10,000. Quotes subsequently obtained reveal the costs to be between $18,000 and $24,000. The Club has agreed to meet the cost of the works which, at the request of the Club, now include the consolidation of the titles to the Club’s existing landholdings and conversion of an old law title to the Torrens system. LEGAL CONSIDERATIONS LOCAL GOVERNMENT ACT 1989 - STATUTORY PROCEDURES Section 189 of the Act confers on Council the power to sell or exchange land, subject to complying with section 223 of the Act, which provides that Council must give public notice and invite submissions from the public before exercising such power. Public notice of Council’s intention to exchange land was given in the “Heidelberg Leader’ on 20 January 2015, with submissions on the proposal invited. The submission period closed at 5:00 pm on 17 February 2015. No submissions were received. Section 189 of the Act also provides that prior to the sale or exchange of land Council must obtain, from a person who holds the qualifications or experience specified under section 13DA(2) of the Valuation of Land Act 1960, a valuation of the land which is made not more than six (6) months prior to the sale or exchange. VALUATION No formal valuation has been obtained to date. However the City Valuer has indicated that land in the area has a market value in the vicinity of $2,000/m2.

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6.3

Performance - Use Our Resources Wisely

6.3

Performance - Use Our Resources Wisely

1 STRADBROKE AVENUE HEIDELBERG - PROPOSED EXCHANGE OF LAND . cont’d POLICY IMPLICATIONS The Guidelines for the Sale and Exchange of Council Land, adopted by Council in April 2009, provide that the sale or exchange of Council-owned land should be conducted through a public process. The Guidelines acknowledge that in some circumstances it may be more advantageous to negotiate with one party. The Act does not restrict Council from selling or exchanging Council-owned land by private treaty. Generally it will be:    

the nature of the Council-owned land that is proposed to be sold or exchanged; how the proposed sale or exchange of Council-owned land is initiated, e.g. often it is an external person who has initiated discussions with Council with regard to the sale or exchange of the Council-owned land; when the price offered is substantially more than the valuation; or evident that there is likely to be only one purchaser for the Council-owned land;

that will determine whether the sale or exchange of Council-owned land by private treaty is appropriate. In any event, the Guidelines provide that any sale or exchange of Council-owned land should be in the best interest of the community and provide the best result, both financial and non-financial for Council and the community. DISCUSSION The giving of public notice does not compel Council to exchange the land. Council is merely complying with its statutory obligations under the Act to give public notice and to hear and consider written submissions on such a proposal before deciding, at a future meeting of the Council, whether or not to proceed with the land exchange. CONCLUSION Council’s Guidelines for the Sale and Exchange of Council Land allow the exchange or sale of land by private treaty if it achieves the best financial and non-financial outcomes. In this instance, the proposed exchange of land is in the best interest of the community. On the one hand, it would permit the Club to replace its ageing infrastructure on land it owns rather than on land leased from Council. On the other hand, it provides Council with an unencumbered parcel of land that could be realised at a future date. Consequently, the proposal to exchange the occupied land with a similar area of land owned by the Club located along the western boundary of the Council land should be supported. ATTACHMENTS Nil

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6.4

ASSEMBLY OF COUNCILLORS

Author:

Cindy Ho - Governance Officer, Corporate Services

File:

F2014/337

6.4

Performance - Use Our Resources Wisely

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) b)

the subject of a decision of the Council or; 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:

16 February 2015

Type of Meeting:

Councillor Briefing

Matters Considered:

Items on the Council agenda for the Ordinary Meeting of 16 February 2015 (excluding confidential items) as listed below. 1.1 2.1 2.2 3.1

4.1 5.1

6.1 6.2 6.3 7.1 8.1 8.2 8.3

Ordinary Meeting of Council - 2 March 2015

Noise from Lovitt Technology at 207 Para Road, Montmorency Real Opportunities, Real Jobs Time Out Youth Homelessness Pilot Project Banyule Environment Advisory Committee - Review of Terms of Reference Graffiti Management Strategy Appointment of Councillor to the Municipal Association of Victoria (MAV) Committee Assembly of Councillors Proposed General Local Law No. 1 (2015) One Flintoff Project Sealing of Documents Sport Facility Working Group Ivanhoe Primary School - On-Street Parking Review Alternative Names for the Mental

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Performance - Use Our Resources Wisely

ASSEMBLY OF COUNCILLORS cont’d Health Reserve in Bundoora General Business – Ivanhoe Grammar Celebration of 100 years Steven Briffa Mark Di Pasquale Rick Garotti Craig Langdon Tom Melican Jenny Mulholland Wayne Phillips 9.

Councillors Present:

Staff Present:

Simon McMillan – Chief Executive Officer Allison Beckwith – Director Community Programs Scott Walker – Director City Development Geoff Glynn – Director Assets & City Services Gina Burden – Manager Governance & Communication Daniel Kollmorgen – Manager Transport, Sustainability & Municipal Laws Emily Outlaw – Council Governance Liaison Officer Giovanna Savini – Manager Youth & Family Services Jan Richardson – Coordinator Cemeteries Frances Gianinotti – Coordinator Youth & Community Partnerships Gabrielle Hegarty – Council Governance Liaison Officer Bianca Ellis – Youth & Community Partnerships Project Support Officer

Others Present:

Nil

Conflict of Interest:

Nil

Date of Assembly:

16 February 2015

Type of Meeting:

Confidential Briefing

Matters Considered:

Legal Advice

Councillors Present:

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

Staff Present:

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Performance - Use Our Resources Wisely

6.4

ASSEMBLY OF COUNCILLORS cont’d Sustainability & Municipal Laws

Others Present:

Nil

Conflict of Interest:

Nil

Date of Assembly:

23 February 2015

Type of Meeting:

Confidential Briefing

Matters Considered:

 

Councillors Present:

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

Staff Present:

Simon McMillan – Chief Executive Officer Allison Beckwith – Director Community Programs Scott Walker – Director City Development Geoff Glynn – Director Assets & City Services Jeanette Kringle – Coordinator Property Operations Joseph Tabacco – Manager Property & Economic Development Michael Hutchison – Coordinator City Development Projects Peter Utri – Acting Director Corporate Services Daniel Kollmorgen – Manager Transport Sustainability & Municipal Laws

Others Present:

Nil

Conflict of Interest:

Nil

Date of Assembly:

23 February 2015

Type of Meeting:

Councillor Briefing

Matters Considered:

1. 2.

Councillors Present:

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

Staff Present:

Simon McMillan – Chief Executive Officer Allison Beckwith – Director Community Programs Scott Walker – Director City Development Geoff Glynn – Director Assets & City Services

Ordinary Meeting of Council - 2 March 2015

Contractual Matters Proposed developments

Urban Tree Strategy Greensborough Office – Options

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Performance - Use Our Resources Wisely

ASSEMBLY OF COUNCILLORS cont’d Peter Utri – Acting Director Corporate Services James Kelly – Manager Assets & Infrastructure Kate Chappell – Coordinator Greensborough Office Project Angela Johnson – Manager Human Resources Joel Elbourne – Manager Urban Planning & Building Daniel Kollmorgen – Manager Transport Sustainability & Municipal Laws Peter Benazic – Manager Parks & Gardens

Others Present:

Nil

Conflict of Interest:

Nil

Date of Assembly:

23 February 2015

Type of Meeting:

Confidential Briefing

Matters Considered:

Confidential Matters

Councillors Present:

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

Staff Present:

Simon McMillan – Chief Executive Officer Allison Beckwith – Director Community Programs Geoff Glynn – Director Assets & City Services Peter Utri – Acting Director Corporate Services Daniel Kollmorgen – Manager Transport Sustainability & Municipal Laws Tania O’Reilly – Manager Finance & Procurement Stephen Coulthard – Graduate Accountant

Others Present:

Nil

Conflict of Interest:

Nil

RECOMMENDATION That the Assembly of Councillors report be received. ATTACHMENTS Nil

Ordinary Meeting of Council - 2 March 2015

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6.5

29 ALAMEIN ROAD HEIDELBERG WEST PROPOSED SALE OF LAND

Author:

Jeanette Kringle - Property Co-ordinator, City Development

Ward:

Olympia

File:

F2014/4533

6.5

Performance - Use Our Resources Wisely

Previous Items Council on 15 December 2014 (Item 6.4 - 29 Alamein Road Heidelberg West Proposed sale of land - Commence statutory procedures) EXECUTIVE SUMMARY Council is the owner of the land and improvements known as 29 Alamein Road, Heidelberg West (subject land). The subject land is currently occupied by the Olympic Village Preschool (Preschool). In about July 2015 the Preschool is to be relocated into the new Olympic Village Learning Hub, Child and Family Centre currently being constructed at the Olympic Village Primary School. On completion of the construction of the hub, the subject land will be surplus to Council’s and the community needs. At its ordinary meeting on 15 December 2014 (F2014/417) Council considered a report on the future use of the Council land and authorised the commencement of the statutory procedures in accordance with section 189 of the Local Government Act 1989 (Act) to give public notice of Council’s intention to sell the subject land. Public notice was given in the “Heidelberg Leader’ on 20 January 2015, with submissions on the proposal invited in accordance with section 223 of the Act. The submission period closed at 5:00 pm on 17 February 2015 with no submissions being received. The purpose of this report is for Council to decide whether or not to proceed with the sale of the subject land and the method of sale. RECOMMENDATION That Council: 1.

Having complied with sections 189 and 223 of the Local Government Act 1989: a. by giving public notice; b. by providing an opportunity to those who have requested to be heard at Council’s Ordinary Meeting of 2 March 2015 to be heard at that meeting; and c. by recording that no submissions have been received; approves the offering of the Council land known as 29 Alamein Road, Heidelberg West (subject land) for sale at public auction in July 2015.

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

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

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29 ALAMEIN ROAD HEIDELBERG WEST - PROPOSED SALE OF LAND cont’d 4.

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

OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. CITY PLAN This report is in line with Council’s City Plan key direction to “develop and deliver best value services and facilities”. 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 Section 20 of the Charter provides that “A person must not be deprived of his or her property other than in accordance with law”. It is considered that the subject matter does not raise any human rights issues because prior to making any decision Council must invite, then hear and consider any submission received in accordance with section 223 of the Act. BACKGROUND Council is the owner of the land and improvements known as 29 Alamein Road, Heidelberg West (subject land), identified in Figure 1 below. The subject land comprises the whole of the land in certificate of title volume 8604 folio 173 transferred to Council by the Housing Commission (now the Director of Housing) when the land was subdivided. Council records indicate that the land has an area of 1167m2 and the improvements consist of a 200m2 weatherboard clad building with a metal deck roof. The building was constructed in about 1956. The Olympic Village Pre-School currently operates two 4-year old funded Kindergarten programs from the subject land.

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29 ALAMEIN ROAD HEIDELBERG WEST - PROPOSED SALE OF LAND contâ&#x20AC;&#x2122;d

Figure 1: Locality Plan CURRENT SITUATION The purpose of this report is for Council to hear and consider any submissions received and decide whether or not to proceed with the sale of the subject land. FUNDING IMPLICATIONS In 2012 Council was successful in obtaining $1.34M grant funding from the Victorian Government. The grant, together with $750,000 of Council funds committed in the 2014/2015 Capital Works Program, will enable the construction and development of the Child and Family Centre at the Olympic Village Learning Hub within the grounds of the Olympic Village Primary School. The $1.34M State Government funding is in addition to the $750,000 committed to the project by Council. Council funding will be off-set through the sale of the subject land. TIMELINES Building works are well advanced with a completion date anticipated to be at the end of March 2015. However the transition for the commencement of the kindergarten programs in the new building are not likely to commence until July 2015 to align with the commencement of term three.

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6.5

Performance - Use Our Resources Wisely

6.5

Performance - Use Our Resources Wisely

29 ALAMEIN ROAD HEIDELBERG WEST - PROPOSED SALE OF LAND cont’d POLICY CONSIDERATIONS GUIDELINES FOR THE SALE AND EXCHANGE OF COUNCIL LAND The Guidelines for the Sale and Exchange of Council Land, adopted by Council in April 2009, provide that the sale of Council-owned land should be conducted through a public process, unless circumstances justify an alternative method of sale. The Guidelines acknowledge that in some circumstances it may be more advantageous for the sale of the property to be negotiated with one party. The Local Government Act 1989 does not restrict Council from selling or exchanging Councilowned land by private treaty. Generally it will be:    

the nature of the Council-owned land that is proposed to be sold or exchanged; and or how the proposed sale of exchange of council-owned land is initiated, e.g. often it is an external person who has initiated discussions with Council with regard to the sale or exchange of the Council-owned land; when the price offered is substantially more than the valuation; or evident that there is likely to be only one purchaser for the Council-owned land;

that will determine whether the sale or exchange of Council-owned land by private treaty is appropriate. Nevertheless, any sale of Council-owned land should be in the best interest of the community and provide the best result, both financial and non-financial for Council and the community. LEGAL CONSIDERATIONS LOCAL GOVERNMENT ACT 1989 - STATUTORY PROCEDURES Section 189 of the Act confers on Council the power to sell or exchange land, subject to complying with section 223 of the Act, which provides that Council must give public notice and invite submissions from the public before exercising such power. Public notice of Council’s intention to sell the subject land was given in the “Heidelberg Leader’ on 20 January 2015, with submissions on the proposal invited. The submission period closed at 5:00 pm on 17 February 2015. No submissions were received. Section 189 of the Act also provides that prior to the sale or exchange of land Council must obtain, from a person who holds the qualifications or experience specified under section 13DA(2) of the Valuation of Land Act 1960, a valuation of the land which is made not more than six (6) months prior to the sale or exchange. DISCUSSION The giving of public notice does not compel Council to sell the subject land. Council is merely complying with its statutory obligations under the Act to give public notice and to hear and consider written submissions on such a proposal before deciding, at a future meeting of the Council, whether or not to sell the subject land.

Ordinary Meeting of Council - 2 March 2015

Page 34

29 ALAMEIN ROAD HEIDELBERG WEST - PROPOSED SALE OF LAND cont’d Legal advice has previously been obtained from Maddocks lawyers regarding the most appropriate process for Council to undertake to sell its landholdings. The options include: 1. 2. 3. 4.

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

In providing advice, Maddocks recommend that Council should consider which of the above methods of sale is likely to achieve the best outcome, having regard to Council’s financial and non-financial objectives. It is considered that an EOI process is a preferable method for the sale of the Council-owned land in many situations, as it would satisfy the Council’s responsibility to undertake a public process, enable Council to specify objectives, yet remain flexible enough for Council to negotiate an acceptable outcome with a preferred purchaser. CONCLUSION The Guidelines for the Sale and Exchange of Council Land, adopted by Council in April 2009, provide that the sale of Council-owned land should be conducted through a public process, unless circumstances justify an alternative method of sale. In this instance it is considered the sale of the subject land at public auction is likely to achieve the best overall outcome. The building works are progressing on schedule for completion in March 2015 and the subject land is anticipated to be vacant from around July 2015. Consequently, the proposal to sell the subject land at public auction when vacant possession can be given in July 2015 should be supported. ATTACHMENTS Nil

Ordinary Meeting of Council - 2 March 2015

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6.5

Performance - Use Our Resources Wisely

6.6

PROPOSED GOVERNANCE LOCAL LAW NO.2 (2015) - INCORPORATING MEETING PROCEDURES CODE

Author:

Gina Burden - Manager Governance and Communication, Corporate Services

File:

F2015/590

EXECUTIVE SUMMARY Under the Local Government Act 1989 (the Act) councils are required to make local laws governing the conduct of meetings of the Council and special committees. Banyule City Councilâ&#x20AC;&#x2122;s existing Conduct of Meeting Local Law No. 2 (2005) ceases operation on 28 April 2015, and a new replacement Local Law is required to be adopted by Council. Accordingly, Officers have prepared a proposed Governance Local Law No. 2 (2015) incorporating the Meeting Procedures Code, as a replacement local law. The proposed Local Law and Code is essentially the same as the previous document, however, the review has allowed for it to be updated, simplified, inconsistencies have been removed and further clarification has been made to some clauses. Any amendments or changes to the new proposed Local Law 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 and explains reasons for adopting particular approaches. 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 the Local Law. RECOMMENDATION That: 1.

Council endorses, in principle, the proposed Governance Local Law No. 2 (2015) and incorporated Meeting Procedures Code;

Council endorses the proposed Local Law Community Impact Statement;

Council commences the statutory process for the making of the proposed Governance Local Law No. 2 (2015) and its associated documents;

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 Councilâ&#x20AC;&#x2122;s website stating: 4.1

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

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6.6

Performance - Use Our Resources Wisely

6.6

PROPOSED GOVERNANCE LOCAL LAW NO.2 (2015) - INCORPORATING MEETING PROCEDURES CODE cont’d

4.2

that a copy of the proposed Local Law and incorporated documents, proposed Local Law Community Impact Statement and associated documents, can be obtained from Council offices or from Council’s website;

4.3

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 5 March 2015 until 3 April 2015;

4.4

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.

In accordance with section 223 of the Local Government Act 1989, submissions will be heard at the Ordinary Meeting of Council on Monday 13 April 2015.

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. CITY PLAN This report is in line with Council’s City Plan key direction to “enable good governance and accountability with minimal risk”. 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. Local laws can be made in relation to any act, matter or thing in respect of which a council has a function or power. Banyule City Council has two main local laws, a General Local Law No. 1 covering amenity issues, and a Conduct of Meetings Local Law No. 2. Discretion is left to councils to determine the number and type of local laws made, with the exception of a Meeting Procedure Local Law which is a specific requirement of Section 91(1) of the Act. Both Council’s local laws expire in April 2015 and have undergone extensive review with new local laws being proposed to replace the existing ones. The General Local Law has been the subject of a separate process and is soon to be presented for final adoption by Council. This report specifically concerns the review of the second local law which relates to the conduct of Council meetings. Over the past year officers have consulted with Councillors and sought feedback on any improvements required to the meeting procedure local law as part of the review

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6.6

Performance - Use Our Resources Wisely

PROPOSED GOVERNANCE LOCAL LAW NO.2 (2015) - INCORPORATING MEETING PROCEDURES CODE cont’d process. These suggestions have been captured in the review. Officers, have also benchmarked against other councils’ meeting procedure local laws and using best practice principles, have prepared a proposed Governance Local Law No. 2 (2015) (Attachment 1) and all the associated supporting documentation, including a Community Impact Statement, and a Human Rights Charter – Assessment of Compatibility. The proposed Local Law incorporates the Meeting Procedures Code (Attachment 2) as is the case with the existing Local Law. It is the Code which forms the bulk of the Local Law and is the main focus of the review. . HUMAN RIGHTS CHARTER The proposed Governance Local Law No. 2 (2015) and incorporated Meeting Procedure Code was assessed against the Human Rights Charter. The assessment indicated that five rights were impacted or affected:     

Right to recognition and equality before the law Right to privacy and reputation Right to freedom of expression Right to take part in public life Right to a fair hearing

The Human Rights Charter – Assessment of Compatibility (Attachment 4) forms part of the Local Law Community Impact Statement. DISCUSSION What are Local Laws? Local Laws:      

are generally adopted to protect public health, safety, or amenity in a municipality, and in the case of a meeting procedure local law, to govern the conduct and good order of council meetings. are a form of regulatory instrument. cannot duplicate, overlap, conflict with or be inconsistent with existing Federal or State legislation. 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.

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.

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PROPOSED GOVERNANCE LOCAL LAW NO.2 (2015) - INCORPORATING MEETING PROCEDURES CODE cont’d Council is obliged to ensure that the regulatory approach adopted involves the least burden or the greatest advantage to its community. Governance Local Law Unlike other Council local laws which are discretionary, a Council must adopt a local law governing the conduct of Council meetings. Councils are also required to have a common seal which must be used in accordance with the local laws of a Council. It is therefore common practice to include use of the common seal as part of the same local law that governs meeting procedures. The objectives of the proposed Governance Local Law and meeting Procedures Code, are to: 

     

Provide for the election of the Mayor; Regulate the use of the common seal; Prohibit unauthorised use of the common seal or any device resembling the common seal; Provide for the procedures governing the conduct of Council meetings, Set the rules of behaviour for those participating in or present at Council Meetings Provide for the role of the Mayor and Revoke Council’s Conduct of Meeting Local Law (2005) and Meeting Procedures Code

Community Impact Statement The proposed Local Law Community Impact Statement (LLCIS) (Attachment 3) provides a background to the review and has been prepared in line with best practice principles. The LLCIS details matters considered when conducting the review. Legal considerations are addressed and it explains reasons for adopting particular approaches. The LLCIS acts as a detailed explanatory document for both the public and Councillors in understanding the background to the development of a local law and is an important tool for the consultation process. Consideration of Notice of Motions – Petitions and Prayer Council resolved to review Councils Petitions policy and the consideration of a Prayer or affirmation in conjunction with the review of the Governance Local Law. Petitions The request to review Councils petition policy was to include the ability to receive electronic petitions. The review was to coincide with the review of Councils Local Law and Code, however an electronic petition was received by Council in September 2014 and required Council to determine the acceptance of it. Council resolved to note the petition and that Council would not consider any further electronic petitions unless the Federal and Victorian Parliaments introduce acceptance on-line petitions. Councils Policy has been updated to reflect this. Prayer/Affirmation

Ordinary Meeting of Council - 2 March 2015

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6.6

Performance - Use Our Resources Wisely

6.6

Performance - Use Our Resources Wisely

PROPOSED GOVERNANCE LOCAL LAW NO.2 (2015) - INCORPORATING MEETING PROCEDURES CODE cont’d The Notice of Motion requested that the consideration of the Prayer/Affirmation be undertaken when the Conduct of Meetings Local Law is reviewed. The Order of Business in the proposed Meeting Procedures Code provides for a new heading – Affirmation. Further details are presented in this report. Local Law – General Changes The proposed Local Law and incorporated Meeting Procedures Code are not significantly different to the Local Law and Code adopted in 2005. Since that time however, there have been a number of amendments to the Act and the new Local Law reflects a number of these amendments, as well as having been reviewed for clarity and ease of use and reference. The main changes or modifications to the Local Law and Code (all of which are detailed in the LLCIS), include:  Name Change – The new local law will be referred to as Governance Local Law (2015), rather than Local Law No. 2 (2005) – Meeting Procedure Local Law. This is considered a simpler and more modern title for the local law.  Legislative inconsistencies – Certain clauses have been removed where they were inconsistent or overlapped with the Act. There is no need to duplicate what is already covered by the Act, eg explanation for what constitutes a quorum.  Inclusion of Notes – While the Local Law and meeting procedures should not overlap or duplicate the Act, to assist in the use of the local law, relevant sections of the Act have been incorporated as explanatory notes. This allows the user to have a full picture of the requirements in relation to a particular matter, eg Mayoral election process, without the need to refer separately to both the Local Law and the Act. Notes do not form an enforceable part of the Local Law.  Councillor Code of Conduct - The existing Local Law incorporates, both the Councillor Code of Conduct and the Meeting Procedures Code. However, there is no requirement for the Code of Conduct to form part of the local law. A small number of Councils choose to do this when the requirement to have a code of conduct was first introduced. Development, review and enforcement of the code of conduct is prescribed by the Act, and incorporating it into the Local Law adds no further weight. If anything it has complicated the review process for the Code as every time Council changes an incorporated document it must advertise that change in the Government Gazette.  Clarity and simplification – Overall the review of the Local Law has resulted in a number of provisions and clauses being reworded or rephrased to allow for simplification and clearer procedures. Additional information has been included where necessary to provide extra guidance and reflect current practices, eg for general business, urgent business and notices of motion. Old terminology and phrasing has also been removed and replaced where appropriate with plain English.

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Performance - Use Our Resources Wisely

6.6

PROPOSED GOVERNANCE LOCAL LAW NO.2 (2015) - INCORPORATING MEETING PROCEDURES CODE cont’d Local Law – New Provisions A small number of new additions have been made to the Local Law and Code, these include:  Affirmation – Following suggestions by Councillors that consideration be given to an affirmation being included at the start of each meeting, the ability for the Mayor or Councillor to read an affirmation has been added to the order of business. The wording for an affirmation does not appear in the Meeting Procedure Code as this should be approved by Council separately and will allow Council to change the wording at any time if so desired or agreed. It is expected that any affirmation would confirm Council’s respect for all traditions and beliefs, and pledge to be responsible and accountable in the decisions made on behalf of the community.  Recording Proceedings – A new provision has been inserted to allow the CEO to arrange for the recording of meetings, this will allow for the future possibility of webcasting meetings, which is currently being researched.  Varying Order of Business – A new provision has been inserted which codifies Council’s current practice of varying the order of business at Council meetings from time to time. This is most often done for practical purposes and to expedite the proceedings of Council.  Behaviour of public gallery – A new clause has been inserted regarding Visitor (public gallery) obligations, to ensure public order is maintained throughout Council meetings.  Public Submissions – As Section 223 submissions of the Act are heard in an Ordinary Council meeting, formalisation of the requirements is now included. Additional time is given for submission speakers, five minutes as opposed to 3 minutes for “request to speak” speakers.  Other – A concluding clause has been inserted based on the example of other benchmarked local laws which states that where a procedure has not been provided for in the Local Law, reference must be had to the rules, forms and usages of the Victorian Parliament, so far as they are capable of being applied to Council proceedings. 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

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6.6

Performance - Use Our Resources Wisely

PROPOSED GOVERNANCE LOCAL LAW NO.2 (2015) - INCORPORATING MEETING PROCEDURES CODE cont’d 

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.

During the statutory consultation period which will occur over March 2015, Legal advice will also be sought on the the proposed Local Law and the associated documentation 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. 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 Banyule community and there will be further feedback sought from Councillors. 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: 2 March 2015

Council resolution to advertise

3 - 5 March 2015

Advertise in Government Gazette and Public Notice in Heidelberg and Diamond Valley Leader

5 March – 3 April 2015

Public Response period

3 April 2015

Section 223 submissions close

13 April 2015

Hear section 223 submissions

27 April 2015

Consideration of Adoption of Local Law and Code

1 May 2015 (nominal date)

New Local Law commences operation

CONCLUSION Review of the Conduct of Meetings Local Law No. 2 (2005) and incorporated documents, has occurred. Adoption of a new local law – Governance Local Law No. 2 (2015) incorporating the reviewed Meeting Procedures Code, to replace the sunsetting local law, will now require the commencement of the necessary statutory procedures.

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Performance - Use Our Resources Wisely

6.6

PROPOSED GOVERNANCE LOCAL LAW NO.2 (2015) - INCORPORATING MEETING PROCEDURES CODE contâ&#x20AC;&#x2122;d ATTACHMENTS No.

Title

Draft Governance Local Law No.2 (2015)

Draft Meeting Procedures Code

Local Law Community Impact Statement

Human Rights Assessment - Governance Local Law and Meeting Procedures Code

Ordinary Meeting of Council - 2 March 2015

Page

Page 43

8.1

SHARED SERVICES IN LOCAL GOVERNMENT

Author:

Cr Steven Briffa

Ward:

Hawdon

File:

F2014/492

TAKE NOTICE that it is my intention to move:

“That Council officers prepare a report to Council on opportunities Council has in entering into “shared services” with other organisations, with a view to reducing costs, increasing service quality and providing better community outcomes.” Explanation Local Government in Victoria plays an important role in delivering a wide range of services to their local communities, as well as building and maintaining community assets and infrastructure. As part of ensuring their long-term sustainability, councils should look for opportunities to reduce expenditure or operate more efficiently—particularly as they face cost pressures and other challenges, such as renewal and replacement of assets, increases in service delivery costs and potential rate capping. As councils carry out similar functions and common activities, shared services are one way they can achieve greater efficiency in service delivery, improve service quality and deal with various challenges. Shared services involves councils working together and/or with other organisations to share costs and resources, and may include delivering external services to the community, such as libraries and waste collection, or providing back office functions, such as human resources and payroll, or the procurement of goods and services. The local government sector in Victoria has recognised this broad potential and already put in place a range of individual initiatives to improve procurement practices and aggregate expenditure in order to extract better value for money for ratepayers and their communities. There is opportunity to expand this and Banyule Council needs to position itself to be involved in these opportunities. There has been much interest in shared services in recent times with Local Government Victoria working actively to promote and facilitate the use of shared services in the industry. The Victorian Auditor General also released a report in May 2014 on Shared Services.

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8.1

Notice of Motion

8.1

Notice of Motion

SHARED SERVICES IN LOCAL GOVERNMENT cont’d

CR STEVEN BRIFFA HawdonWard

ATTACHMENTS Nil

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8.2

COUNCIL COMMITTEES

Author:

Cr Steven Briffa

Ward:

Hawdon

File:

F2014/492

8.2

Notice of Motion

TAKE NOTICE that it is my intention to move: “That: 1.

All Council Committee positions be vacated annually to avail an opportunity for any Councillor who has not previously been a delegate or substitute to nominate

Review all Committees annually to ensure the relevance and future need.”

Explanation Every year Council adopts a delegate and a substitute for a number of committees at its Mayoral Election meeting. In providing an opportunity for all Councillors to gain training and development and greater understanding of the variety of roles performed across Banyule – it is recommended that these committee representative positions are vacated annually to enable an opportunity for any Councillor to be a delegate or substitute. Further Council to review the relevance of each Committee annually to ensure the Committees meet current Community needs and are appropriately resourced.

CR STEVEN BRIFFA HawdonWard ATTACHMENTS Nil

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8.3

CAPACITY OF THE HURSTBRIDGE RAIL LINE

Author:

Cr Tom Melican

Ward:

Ibbott

File:

F2014/492

TAKE NOTICE that it is my intention to move:

“That Council writes to the Minister for Public Transport, Jacinta Allen and all local MP’s, requesting a meeting to discuss the capacity of the Hurstbridge Rail Line, predicted passenger growth and the Government’s plans to accommodate that growth.” Explanation A recent report from the Chief Executive Officer of Public Transport Victoria, highlighted the capacity constraints of the section of line from Clifton Hill to the City loop, due to the out dated signalling system. This section of line is used by the South Morang and Hurstbridge line. Passenger growth on the South Morang line is expected to grow rapidly, especially after the line is extended to Mernda. The ability to increase services on the Hurstbridge line will be very limited and this will impact the Banyule community and lead to overcrowding in the very near future. Councils need to ensure that there is the ability to increase services to meet passenger demand on the Hurstbridge line or the economic viability of the area will be severely impacted.

CR TOM MELICAN IbbottWard ATTACHMENTS Nil

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8.3

Notice of Motion

ATTACHMENTS

1.1

Car Parking in the Ivanhoe Shopping Area Attachment 1

6.1

Notice of Intention to Cause a General Valuation Attachment 1

6.6

Cover letter for petition .................................................................... 50 Statutory Decleration ....................................................................... 51

Proposed Governance Local Law No.2 (2015) - Incorporating Meeting Procedures Code Attachment 1 Attachment 2 Attachment 3 Attachment 4

Draft Governance Local Law No.2 (2015)........................................ 54 Draft Meeting Procedures Code ..................................................... 58 Local Law Community Impact Statement......................................... 82 Human Rights Assessment - Governance Local Law and Meeting Procedures Code ............................................................... 93

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Attachment 1

1.1

Item: 1.1

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Attachment 1: Cover letter for petition

6.1

Attachment 1: Statutory Decleration

Attachment 1

Item: 6.1

ORDINARY MEETING OF COUNCIL ON 2 MARCH 2015 Page 51

Attachment 1

6.1

Item: 6.1

ORDINARY MEETING OF COUNCIL ON 2 MARCH 2015 Page 52

Attachment 1: Statutory Decleration

6.1

Attachment 1: Statutory Decleration

Attachment 1

Item: 6.1

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Attachment 1: Draft Governance Local Law No.2 (2015)

6.6

Item: 6.6

Attachment 1

BANYULE CITY COUNCIL GOVERNANCE LOCAL LAW NO. 2 (2015)

ORDINARY MEETING OF COUNCIL ON 2 MARCH 2015 Page 54

Attachment 1: Draft Governance Local Law No.2 (2015)

6.6

Item: 6.6

Title This Local Law is known as the Governance Local Law No. 2 (2015).

Objectives

(1) (2) (3) (4)

regulate proceedings at Council Meetings and Special Committee Meetings regulate the use of the common seal; and prohibit unauthorised use of the common seal or any device resembling the common seal. Revoke Councilâ&#x20AC;&#x2122;s Conduct of Meeting Local Law (2005)

Authorising Provision This Local Law is a Local Law made under Sections 91(1) and 111 of the Local Government Act 1989.

Commencement This Local Law commences operation on the 1 May 2015.

Revocation On commencement of this local law, Councils Local Law No.2 (2005) Conduct of Meetings Local Law is revoked.

Application This Local Law applies to Council Meetings for the Banyule City Council and its Special Committees.

Definitions Words Act

Meaning means the Local Government Act 1989, as amended from time to time.

Authorised Officer

means any person appointed by the Council to be an Authorised Officer pursuant to Section 224 of the Act or treated by Section 224A of that Act to have been either in relation to the whole of this Local Law or to a particular portion of it in which the term is used.

Chief Executive Officer

has the same meaning as in the Local Government Act 1989.

Code

means a set of procedures or rules as adopted by Council

Council

means Banyule City Council.

Councillor

means a person who is an elected member of the Council

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Attachment 1

The objectives of this Local Law are to:

6.6

Item: 6.6

Attachment 1: Draft Governance Local Law No.2 (2015)

Expiry This Local Law expires 1 May 2025.

Incorporated Matter Councils Meeting Procedures Code (as amended from time to time) is to be applied in the conduct of Council meetings held in accordance with this Local Law.

Attachment 1

Common Seal (1)

The Common Seal of Council may only be used with the authority of Council or in accordance with the Instrument of Delegation issued to the Chief Executive Officer.

(2)

The Chief Executive Officer must keep the Common Seal in safe custody.

(3)

Every document to which the Common Seal is affixed must be signed by a Councillor and the Chief Executive Officer.

(4)

No person may use the Common Seal or any device resembling the Common Seal without the authority of Council.

(5)

It is an offence for any person to use the Common Seal of Council or any device resembling the Common Seal without the authority of Council.

Penalty: 10 penalty units (6)

Where the Common Seal is affixed to a document on the authority of Council, the sealing clause must contain the following words:

THE COMMON SEAL of BANYULE CITY COUNCIL is affixed in the presence of: ……………………………………………COUNCILLOR …………………………………………….CHIEF EXECUTIVE OFFICER

Offences It is an offence: (1)

for a Councillor to not withdraw an expression which is considered by the Chairperson to be defamatory, indecent, abusive, offensive, disorderly or objectionable, and to not satisfactorily apologise when called upon twice by the Chairperson to do so.

Penalty:

10 penalty units

(2)

for any person, not being a Councillor, who is guilty of any improper or disorderly conduct to not leave the meeting when requested by the Chairperson to do so.

Penalty:

10 penalty units

ORDINARY MEETING OF COUNCIL ON 2 MARCH 2015 Page 56

(3)

for any person to fail to obey a direction of the Chairperson relating to the conduct of the meeting and the maintenance of order.

Penalty:

10 penalty units

(4)

for a Councillor to refuse to leave the room on suspension.

Penalty:

10 penalty units

(5)

It is an offence for a person to use the common seal or a device resembling the common seal without the authority of Council; and

Penalty:

10 penalty units

(6)

for any person to fraudulently sign a petition or joint letter which is presented to Council.

Penalty:

10 penalty units

Any decision to prosecute a person for committing an offence against clause (a) & (b) shall be by resolution of Council.

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6.6

Attachment 1: Draft Governance Local Law No.2 (2015)

Attachment 1

Item: 6.6

Attachment 2: Draft Meeting Procedures Code

Attachment 2

6.6

Item: 6.6

BANYULE CITY COUNCIL Meeting Procedures Code Incorporate Matter of GOVERNANCE LOCAL LAW NO. 2 (2015)

ORDINARY MEETING OF COUNCIL ON 2 MARCH 2015 Page 58

6.6

Attachment 2: Draft Meeting Procedures Code

Attachment 2

Item: 6.6

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6.6

Item: 6.6

Attachment 2: Draft Meeting Procedures Code

Introduction All meetings are of Council and its Special Committees are to be conducted in accordance with Councilâ&#x20AC;&#x2122;s Governance Local Law No.2 (2015) and this Meeting Procedure Code.

Purpose The Purpose of the Code is to:

Attachment 2

(1) Provide for the election of the Mayor (2) Provide for the role of the Mayor (3) Provide for the procedures governing the conduct of Council meetings (4) Set the rules of behaviour for those participating in or present at Council Meetings

About the Code Explanatory Notes are included in this Code and refer to sections of the Local Government Act 1989 and do not form part of this Code. The Explanatory Notes are included for reference and the relevant section of the Act should be read in full. Definitions Words Act

Meaning means the Local Government Act 1989, as amended from time to time.

Amendment

A proposal to alter a motion which is then before the meeting or an alteration or proposed alteration to the terms of the motion, designed to improve the motion without contradicting it

Authorised Officer

Chief Executive Officer

has the same meaning as in the Local Government Act 1989.

Code

means a set of procedures or rules as adopted by Council

Council

means Banyule City Council.

Councillor

means a person who is an elected member of the Council

Motion

a proposal to put to a meeting with a view to its acceptance

Resolution

a formal determination by Council

Petition

A petition is a document signed by a group of people requesting the Council take specific action in relation to a particular issue. Petitions commence with a statement which

ORDINARY MEETING OF COUNCIL ON 2 MARCH 2015 Page 60

is repeated on every page and contains the name, address and signature of at least one person. Procedural Motion

a motion dealing with the conduct of the meeting itself

Voting in Block

Council Agenda items are grouped together and resolved in one motion with one mover and one seconder

Notes 91. Conduct of meetings (1) A Council must make local laws governing the conduct of meetings of the Council and special committees. (2) Except as provided in this Act and subject to any local laws, the conduct of meetings of a Council is in the Councilâ&#x20AC;&#x2122;s discretion. (3) Except as provided in this Act and subject to any local laws and any resolutions of a Council, the conduct of meetings of a special committee is in the special committeeâ&#x20AC;&#x2122;s discretion. (3A) A quorum at a meeting of the Council or a special committee must be at least a majority of the members of the Council or the special committee. (4) Resolutions made at a meeting of a Council or special committee must clearly state the intention and effect of the resolution.

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6.6

Attachment 2: Draft Meeting Procedures Code

Attachment 2

Item: 6.6

6.6

Item: 6.6

Attachment 2: Draft Meeting Procedures Code

Election of Mayor Procedure for the Election of the Mayor

Attachment 2

The Election of the Mayor must be carried out in accordance with the Act. Notes 71. Election of Mayor (1) At a meeting of the Council that is open to the public, the Councillors must elect a Councillor to be the Mayor of the Council. (2) Before a Mayor is elected under this section, the Council may resolve to elect a Mayor for a term of 2 years. (3) The Mayor is to be electedâ&#x20AC;&#x201D; (a) after the fourth Saturday in October but not later than 30 November in each year; or (ab) if under subsection (2), the Mayor is elected for a term of 2 years, the next election of Mayor is 2 years after the fourth Saturday in October but not later than 30 November in the second year after the election; or (b) as soon as possible after any vacancy in the office of Mayor occurs. (4) The election of a Mayor after the period specified in this section does not invalidate the election. ***** (6) The Mayor of a Shire Council may be titled the President. (7) Any reference to Mayor includes a reference to Lord Mayor or President as the case may be. 72. Term of office (1) The office of Mayor becomes vacantâ&#x20AC;&#x201D; (a) at 6 a.m. on the day of the election of the Mayor; or (b) if he or she dies or ceases to be a Councillor; or (ba) if his or her office as a Councillor is suspended for any period under this Act; or (c) if he or she resigns in writing which is given at a Council meeting or to the Chief Executive Officer; or (ca) if he or she becomes ineligible to hold office under section 81K; or (d) if he or she is ousted from office. (2) For the avoidance of doubt, the office of Mayor becomes vacant under subsection (1)(b) at 6 a.m. on the day of a general election whether or not the Mayor has completed his or her term of office as resolved by the Council under section 71(1). (3) Any Councillor is eligible for election or re-election to the office of Mayor.

Election of Temporary Chairperson The Chief Executive Officer will seek nominations for a Temporary Chairperson of the meeting at which the election of the Mayor is to be conducted or any other Meeting where the Mayor is not present. At any meeting to elect the Mayor, any Councillor may be appointed as a temporary Chairperson to deal with: (a) the receipt of nominations for the election of Mayor; and (b) the election of the Mayor. The appointment of an Acting Chairperson shall be determined in the same manner as the election of Mayor.

Election of the Mayor Nominations (1)

Nominations for Mayor shall be received in any of the following forms: a) at the meeting, a Councillor nominating himself or herself as a candidate; or b) at the meeting, a Councillor nominating another Councillor as a candidate.

(2)

A Councillor may nominate only one Councillor.

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(3) (4)

Attachment 2: Draft Meeting Procedures Code

Every nomination shall require a seconder Any Councillor nominated may refuse nomination.

6.6

Item: 6.6

Method of Voting (1) (2) (3)

All Councillors shall vote once for the candidate of his or her choice by show of hand. Candidates will be voted for in the order of nominations received. A Councillor may request a division on any vote for the election of Mayor.

(1) (2) (3) (4)

(5) (6) (7)

Where only one nomination for Mayor is received (which must be seconded), that nominee shall be declared elected. Where there are two or more nominees the Councillor with an absolute majority of votes cast will be declared elected. Where there are two or more nominations and all votes cast are equally divided between two or more nominees, the election must be determined by lot. Where no candidate receives an absolute majority of votes, the candidate with the fewest number of votes must be eliminated as a candidate (and if more than one of them, the nominee determined by lot) and a further poll conducted between the remaining candidates. This procedure must be repeated until a candidate receives an absolute majority of votes and that candidate shall be declared Mayor. If there are two remaining nominees with an equal division of votes, the election must be determined by lot by the Chief Executive Officer. The Chief Executive Officer shall act as Returning Officer for the election of the Mayor. Any Councillor who is a candidate shall be entitled to vote.

Acting Mayor The appointment of an Acting Mayor shall be determined in the same manner as the election of Mayor. Notes 73. Precedence of Mayor (1) The Mayor of a Council takes precedence at all municipal proceedings within the municipal district. (2) The Mayor must take the chair at all meetings of the Council at which he or she is present. (3) If there is a vacancy in the office of Mayor or the Mayor is absent, incapable of acting or refusing to act, the Council must appoint one of the Councillors to be the acting Mayor. (4) An acting Mayor may perform any function or exercise any power conferred on the Mayor.

Election of Committee Chairperson Where Council has not appointed a Chairperson for a Special Committee, the Special Committee shall follow the same procedure for electing a Chairperson as used by Council in electing a Mayor.

The Chairpersonâ&#x20AC;&#x2122;s Duties and Discretions It is the Chairpersonâ&#x20AC;&#x2122;s duty to retain control and order of the meeting, to act impartially, and to ensure the smooth passage of business before the meeting, allowing for a fair examination of contentious matters, the duties include but are not limited to: (1) Presiding over and controlling the meeting to ensure, to the best of their ability, it is conducted in accordance with the Local Law and this Code;

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Attachment 2

Determining the Vote

6.6

Item: 6.6 (2) (3) (4) (5)

Attachment 2

(6) (7) (8) (9) (10)

Attachment 2: Draft Meeting Procedures Code

Ascertaining that a quorum is present, and if a quorum is present, formally declaring the meeting open; Welcoming Councillors and visitors; Signing minutes of meetings as correct when they have been confirmed in accordance with Section 93(5) of the Act; Calling for disclosure by Councillors of any conflicts of interest in accordance with section 79 of the Act; Ensuring debates are conducted in the correct manner; In the case of competition for the right to speak, deciding the order in which the Councillors concerned will be heard; Declaring the results of all votes; Giving rulings on points of order and other questions of procedure; Adjourning (when so resolved) or formally declaring a meeting closed when all business has been concluded.

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Attachment 2: Draft Meeting Procedures Code

6.6

Item: 6.6

Council Meetings Types of Meetings The types of meetings are specified in the Act. Notes 83. Types of meetings The Council may hold— (a) ordinary meetings at which general business of the Council may be transacted; and (b) special meetings at which the business specified in the notice calling the meeting may be transacted.

(1) (2) (3)

(4)

The dates, times and place of all Council meetings are to be fixed by Council. Notice of all meetings must be made in accordance with the Act. Council may by resolution change the date, time and place of any Council meeting which has been fixed and must provide reasonable notice of the changes to the public. In the case of an emergency, the Chief Executive Officer or his or her delegate, may postpone a Council meeting, reasonable attempts are to be made to notify every Councillor of the postponement.

Notes 89. Meetings to be open to the public (1) Unless sub-section (2) applies, any meeting of a Council or a special committee must be open to members of the public. (2) A Council or special committee may resolve that the meeting be closed to members of the public if the meeting is discussing any of the following— (a) personnel matters; (b) the personal hardship of any resident or ratepayer; (c) industrial matters; (d) contractual matters; (e) proposed developments; (f) legal advice; (g) matters affecting the security of Council property; (h) any other matter which the Council or special committee considers would prejudice the Council or any person; (i) a resolution to close the meeting to members of the public. (3) If a Council or special committee resolves to close a meeting to members of the public the reason must be recorded in the minutes of the meeting. (4) Unless subsection (4A) applies, a Council must at least 7 days before the holding of— (a) an ordinary council meeting; or (b) a special council meeting; or (c) a meeting of a special committee comprised solely of Councillors— give public notice of the meeting. (4A) If urgent or extraordinary circumstances prevent a Council from complying with subsection (4), the Council must— (a) give such public notice as is practicable; and (b) specify the urgent or extraordinary circumstances which prevented the Council from complying with subsection (4) in the minutes. (5) The Chairperson of a special committee that is not comprised solely of Councillors must provide reasonable notice to the public of meetings of the special committee

Agendas (1)

The Chief Executive Officer must send the Agenda of all business to be considered for all Council Meetings to every Councillor at least 2 days before the meeting.

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Attachment 2

Date, time and place of Meetings

6.6

Item: 6.6 (2)

Attachment 2: Draft Meeting Procedures Code

A meeting shall not be held if there has been a failure to give two clear days notice, unless all Councillors are in attendance at the time specified and resolve to hold the meeting notwithstanding the failure.

Order of Business â&#x20AC;&#x201C; How dealt with

Attachment 2

The following order of business on the Agenda should be followed at an Ordinary Meeting unless Council resolves otherwise: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m)

Opening Mayorâ&#x20AC;&#x2122;s Acknowledgment Affirmation Apologies and Leave of Absence Adoption, confirmation and signing of minutes of previous meetings Disclosure of any interest of any Councillor Presentation Petitions Reports Notices of Motion General Business Urgent business, and Confidential business

Council may determine the order of Business at any Council Meeting. The varying of the order of Business may be done for the purpose of considering an item/s on the agenda ahead of other items, or to facilitate the voting of items in block.

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Attachment 2: Draft Meeting Procedures Code

6.6

Item: 6.6

Conduct of Meetings Quorum Failure to raise a quorum

the meeting may be adjourned for not more than seven days by: a) a majority of the Councillors present; or b) in the absence of any Councillor, the Chief Executive Officer; and the Chief Executive Officer must give all Councillors notice of the adjourned meeting.

Inability to maintain a quorum If a quorum ceases to be present at any time during a Council meeting then no business can be legally transacted until a quorum is again formed. The meeting may be adjourned. Inability to achieve or maintain a quorum due to interests or conflict of interest If a quorum cannot be achieved or maintained during a Council meeting due to the number of declarations of conflicts of interests by Councillors in complying with section 79 of the Act: a) The Chief Executive Officer or his or her delegate may defer consideration of the item being considered immediately prior to the absence of a quorum for a length of time sufficient to enable an exemption for the affected Councillors to be obtained from the Minister administering the Act. b) The Chief Executive Officer must give all Councillors notice of an adjourned meeting. Where it is not practicable because of time constraints to give written notice, then notice in person or by some other means will be sufficient. When meeting lapses If a quorum fails after a Council meeting has begun and cannot be formed within 30 minutes of the failure, the meeting lapses. Business of a lapsed meeting If a Council meeting lapses, the unresolved business must be included in the agenda for the next appropriate Council meeting. Notes 85. Call of the Council (1) If a quorum of a Council cannot be formed or maintained due to the absence of Councillors, the Minister or the Chief Executive Officer may require all Councillors to attend a call of the Council meeting. (2) A call of the Council meeting is to be treated as a special meeting. (3) The Minister or a person appointed by the Minister is entitled to attend and speak at a call of the Council meeting which the Minister required Councillors to attend. (4) If a Councillor does not attend within 30 minutes after the time fixed for a call of the Council meeting or remain at the meeting the Chief Executive Officer must immediately advise the Minister in writing. (5) The Minister must advise the Councillor and the Council thatâ&#x20AC;&#x201D; (a) he or she has received advice that the Councillor did not attend or remain at the call of the Council meeting; and (b) any submissions may be made to the Minister within the period specified by the Minister. (6) If after considering any submissions from the Councillor and the Council the Minister is not satisfied that the

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Attachment 2

If a quorum is not present within 30 minutes of the time appointed for the commencement of a Council meeting:

6.6

Item: 6.6

Attachment 2: Draft Meeting Procedures Code

Councillor had a reasonable excuse for not attending or remaining at the call of the Council meeting, the Minister may order that as from the date specified in the order the Councillor is incapable of continuing to be a Councillor.

Conduct of business The items of business as listed on an agenda must be dealt with in the following manner: Mayorâ&#x20AC;&#x2122;s Acknowledgement of the Traditional Owner, the Wurundjeri willam people

Attachment 2

At each Ordinary meeting, the Mayor or a Councillor shall read out a Statement in recognition and respect to the traditional owners of the land. Affirmation At each Ordinary meeting, the Mayor or a Councillor shall read out an Affirmation of commitment and good governance. Apologies and Leave of Absence (1) (2)

Apologies shall be read by the Chairperson. All requests for leave of absence shall be submitted to the Chief Executive Officer in writing and approved by resolution of Council.

Notes 93. Minutes of meetings (1) The Council must keep minutes of each meeting of the Council. (2) The minutes of a Council meeting must be submitted to the next appropriate meeting of the Council for confirmation. (3) The Chairperson of a special committee must arrange for minutes of each meeting of the committee to be kept. (4) If sub-section (3) applies, the Chairperson must submit the minutes of a committee meeting to the next meeting of the committee for confirmation. (5) If the minutes are confirmed the Chairperson at the meeting must sign the minutes and certify that they have been confirmed. (6) The minutes of a meeting of the Council or a special committee mustâ&#x20AC;&#x201D; (a) contain details of the proceedings and resolutions made; (b) be clearly expressed; (c) be self-explanatory; (d) in relation to resolutions recorded in the minutes, incorporate relevant reports or a summary of the relevant reports considered in the decision making process.

Confirmation of Minutes (1) (2)

(3)

(4)

The minutes of the meeting are to be confirmed by resolution of Council. No discussion or debate on the confirmation of minutes will be permitted except where their accuracy as a record of the proceedings of the meeting to which they relate is questioned. If a Councillor is dissatisfied with the accuracy of the minutes, then he or she must: a) state the item or items with which he or she is dissatisfied; and b) prepare a motion clearly setting out the alternative wording to amend the minutes; A copy of the minutes should be delivered or sent electronically to each Councillor no later than 48 hours before the next meeting

The Chief Executive Officer or his or her delegate must record minutes of each meeting, and those minutes shall include: ORDINARY MEETING OF COUNCIL ON 2 MARCH 2015 Page 68

(4) (5) (6) (7) (8) (9) (10) (11)

the date, place, time and nature of the meeting the names of the Councillors present the names of any Councillors who have submitted an apology or are on leave of absence arrivals and departures (including temporary departures) of Councillors during the course of the meeting details of any disclosure of interest made by a Councillor and the time the Councillor left the room and returned to the room every motion and amendment moved, including the mover and seconder of any motion or amendment the outcome of every motion, that is, whether it was put to the vote and the result either carried, lost, withdrawn, lapsed or amended procedural motions the vote cast by each Councillor upon a division when requested by a Councillor, a record of that Councillorâ&#x20AC;&#x2122;s opposition or support for any motion (provided that the Chairperson acknowledges the request) any failure to achieve or maintain a quorum and any adjournment as a result thereof a) names of persons who make deputations to Council b) the time and reason for any adjournment of the meeting or suspension of standing orders; and c) any other matter which the Chief Executive Officer thinks should be recorded to clarify the intention of the meeting or the reading of the minutes

Objection to Confirmation of Minutes (a)

(b)

If a Councillor is dissatisfied with the accuracy of the minutes, then he or she must: (i) state the item or items with which he or she is dissatisfied; and (ii) propose a motion clearly outlining the alternative wording to amend the minutes. If there is no seconder to the motion to the item or items, Council shall be deemed to have confirmed the item or items.

Deferral of Confirmation of Minutes Council may defer the confirmation of minutes until later in the meeting or until the next meeting as appropriate. Disclosure of Interest A Councillor must make a full disclosure in accordance with section 79 of the Act. In every case where a disclosure of interest is made at a meeting, a statement recording the Councillorâ&#x20AC;&#x2122;s disclosure shall be included in the minutes.

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6.6

(1) (2) (3)

Attachment 2: Draft Meeting Procedures Code

Attachment 2

Item: 6.6

Attachment 2

6.6

Item: 6.6

Attachment 2: Draft Meeting Procedures Code

Notes 79 Disclosure of conflict of interest (1) If a Councillor or member of a special committee has a conflict of interest in a matter which is to be considered or discussed at a meeting of the Council or the special committee, the Councillor or member must, if he or she is attending the meeting, disclose the conflict of interest in accordance with subsection (2). (2) A Councillor or member of a special committee who has a conflict of interest and is attending the meeting of the Council or special committee must make a full disclosure of that interestâ&#x20AC;&#x201D; (a) by eitherâ&#x20AC;&#x201D; (i) advising the Council or special committee at the meeting of the details required under paragraphs (b) and (c) immediately before the matter is considered at the meeting; or (ii) advising the Chief Executive Officer in writing of the details required under paragraphs (b) and (c) before the meeting; and (b) classifying the type of interest that has given rise to the conflict as eitherâ&#x20AC;&#x201D; (i) a direct interest; or (ii) an indirect interest and specifying the particular kind of indirect interest under section 78, 78A, 78B, 78C, 78D or 78E; and (c) describing the nature of the interest; and (d) if the Councillor or member advised the Chief Executive Officer of the details under paragraph (a)(ii), the Councillor or member must make a disclosure of the class of interest only to the meeting immediately before the matter is considered at the meeting. (3) For the purposes of section 79(2)(a)(i), if a Councillor or member of a special committee has a conflict of interest in two or more matters which are to be considered or discussed consecutively at a meeting of the Council or the special committee, the Councillor or member may make a full disclosure of each of those interests immediately before the first matter is considered at the meeting. 79B Conflicting personal interest (1) This section does not apply to a Councillor or member of a special committee who has a conflict of interest in the matter. (2) If a Councillor or a member of a special committee considers that he or she has a personal interest in relation to a matter that is in conflict with his or her public duty in relation to the matter, the Councillor or member may, immediately before the matter is considered at the relevant meeting, apply to the Council or special committee to be exempted from voting on the matter (3) If a Councillor or member of a special committee makes an application under subsection (2), he or she must give reasons in support of the application. (4) A Council or special committee may consent to an application made under subsection (2) and must not unreasonably withhold consent. (5) If a Council or special committee consents to an application under subsection (4), sections 79(6), 79(7), 79(8) and 79(9) apply as if the personal interest that is the subject of an application under subsection (2) were a conflict of interest specified under this Act.

Presentations Presentations are conducted from time to time relating to the Agenda items, certificate of Appreciation or other presentations made to local individuals or organisations. Petitions A petition must be presented to Council in accordance with Council policy and (1) must be in a legible and permanent form of writing, typing or printing; (2) must not be defamatory, indecent, abusive or objectionable in language or substance; and (3) must not relate to a matter beyond the powers of Council. (4) every page of a petition must bear the wording of the whole of the petition or request and include the name, address and signature of petitioners

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Attachment 2: Draft Meeting Procedures Code

Reports Reports shall be considered in the order in which they appear on the business paper, unless the order is varied with the consent of Council.

6.6

Item: 6.6

Notices of Motion

(1)

(2)

A Councillor may give written notice of any matter he or she wants discussed at a meeting by delivering to the Chief Executive Officer a signed notice of motion outlining the subject and the motion proposed for discussion. The Chief Executive Officer: (a) may reject any notice of motion that is too vague, but before rejecting it, must give the Councillor delivering the notice an opportunity to amend it; (b) must notify the relevant Councillor of any notice of motion which has been rejected and give the reasons for its rejection; and (c) unless the notice specifies a particular meeting date, the Chief Executive Officer must list the notice of motion on the next appropriate meeting agenda, and if more than one, in the order they were received.

A Notice of Motion must call for a Council report if the Notice of Motion: (1) substantially affects the levels of Council service (2) commits Council to significant expenditure not included in the adopted Council Budget (3) establishes or amend Council policy (4) commits Council to any contractual arrangement (5) concerns any litigation in respect of which Council is a party General Business The purpose of general business is to provide Councillors with an opportunity to provide an update on their duties and meetings attended and to raise matters such as :  A note of thanks or congratulations  Advise of attendance at event/meeting  Recognition  Tributes A General Business item does not require a Councillor to vote on the matter as it does not require a decision. Urgent Business Council may determine that an item, of which no notice is included in the agenda, be classified as urgent business and be transacted at a meeting. An item may be classified as urgent business if it: (a) relates to a matter which has arisen since distribution of the agenda; or (b) involves a matter of urgent community concern; or (c) cannot be safely or conveniently deferred until the next Ordinary meeting Prior to the consideration of the Urgent Business item, Council must first determine to accept the Urgent Business Item and will require a Mover and Seconder and put the Motion to the

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Attachment 2

A notice of motion cannot be accepted by the Chairperson unless it has been listed on the agenda for the meeting at which it is proposed to be moved.

6.6

Item: 6.6

Attachment 2: Draft Meeting Procedures Code

vote of the Council. The mover shall explain why the item has been classified as Urgent Business without speaking to it and then move it without speaking to it. Confidential Matters

Attachment 2

The Chief Executive Officer must ensure that a report is classified as confidential if the Chief Executive Officer considers it has been prepared for consideration in respect of a matter which is expected to be the subject of a resolution under section 89(2) of the Act to close the Council meeting to the public while that report is discussed. Notes 89. Meetings to be open to the public (1) Unless sub-section (2) applies, any meeting of a Council or a special committee must be open to members of the public. (2) A Council or special committee may resolve that the meeting be closed to members of the public if the meeting is discussing any of the following— (a) personnel matters; (b) the personal hardship of any resident or ratepayer; (c) industrial matters; (d) contractual matters; (e) proposed developments; (f) legal advice; (g) matters affecting the security of Council property; (h) any other matter which the Council or special committee considers would prejudice the Council or any person; (i) a resolution to close the meeting to members of the public. (3) If a Council or special committee resolves to close a meeting to members of the public the reason must be recorded in the minutes of the meeting. (4) Unless subsection (4A) applies, a Council must at least 7 days before the holding of— (a) an ordinary council meeting; or (b) a special council meeting; or (c) a meeting of a special committee comprised solely of Councillors— give public notice of the meeting. (4A) If urgent or extraordinary circumstances prevent a Council from complying with subsection (4), the Council must— (a) give such public notice as is practicable; and (b) specify the urgent or extraordinary circumstances which prevented the Council from complying with subsection (4) in the minutes. (5) The Chairperson of a special committee that is not comprised solely of Councillors must provide reasonable notice to the public of meetings of the special committee

ORDINARY MEETING OF COUNCIL ON 2 MARCH 2015 Page 72

Attachment 2: Draft Meeting Procedures Code

6.6

Item: 6.6

Motions & Amendments Motions

The Chairperson may refuse to accept any motion or amendment which contravenes this clause. Separating a Motion (a) (b)

Where a motion contains more than one part, a Councillor may request the Chairperson to put the motion to the vote in separate parts. The Chairperson may decide to put any motion to the vote in separate parts.

Motions in Writing (1) (2)

The Chairperson may require any motion to be submitted in writing where it is lengthy or unclear or for any other reason. The Chairperson may call a recess of the meeting while the motion is being written or may request Council to defer the matter until the motion has been written, allowing the meeting to proceed uninterrupted.

Repeating Motion (1) (2)

Before any matter is put to the vote, a Councillor may require that the question, motion or amendment be read again. The Chairperson without being so requested may direct the Chief Executive Officer (or other person authorised by the Chief Executive Officer) to read the question, motion or amendment to the meeting before the vote is taken.

Debate must be relevant to the Motion (1) (2)

Debate must always be relevant to the question before the meeting, and if not, Chairperson may request the speaker to confine debate to the subject motion. If after being requested to confine debate to the motion before the meeting, speaker continues to debate irrelevant matters the Chairperson may require speaker to be seated and not speak further in respect of the matter then before meeting

the the the the

Procedure for Motions (1) (2)

the mover shall read the motion without speaking to it and shall briefly state its nature and intent and then move it without speaking to it; if a motion is seconded, the Chairperson shall allow Councillors to speak to the motion;

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Attachment 2

A motion or an amendment: (1) must relate to the powers or functions of Council; (2) may be in writing or verbal; and (3) except in the case of urgent business, must be relevant to an item of business on the agenda. (4) A motion or amendment must not be defamatory or objectionable in language or nature.

6.6

Item: 6.6

(3) (4) (5) (6) (7)

Attachment 2: Draft Meeting Procedures Code

with the exception of the mover who has a right of reply, all other Councillors may only speak once to the motion; and the Chairperson must then put the motion to the vote a motion or an amendment which is not seconded lapses the mover or seconder of a motion cannot move an amendment to it a motion can only be withdrawn by the mover

Attachment 2

Amending a Motion

(1)

No notice need be given of any amendment to a motion.

(2)

An amendment to a motion must not be in opposition to the intent of the motion on the table.

(3)

The mover of an amendment has no right of reply.

(4)

An amendment can only be withdrawn by the mover.

(5)

The procedure upon any amendment to a motion is that: (a) the mover shall read the amendment and speak to it; (b) if the amendment is seconded, the Chairperson shall allow Councillors to speak to it; (c) the mover has no right of reply and Councillors may only speak once to it; and (d) the Chairperson must then put the amendment to the vote, the amended motion becomes the substantive motion.

(6)

A second or subsequent amendment cannot be moved until the immediately preceding amendment is disposed of.

(7)

A Councillor or member cannot move more than two (2) amendments in succession.

(8)

Only one amendment can be before the meeting at a time and until it is put to the vote no further amendment can be proposed, but with the leave of the Chairperson another amendment or a new motion can be foreshadowed by any Councillor or member stating in brief terms the nature of the amendment.

Foreshadowing a Motion

(1)

(2) (3) (4)

When a motion is being debated, any Councillor may give notice that they intend to move an alternative motion in the event that the substantive motion fails. This notification is deemed to be a foreshadowed motion and will only be considered if the substantive motion fails. No debate is allowed on a foreshadowed motion. A foreshadowed motion does not require a seconder. A foreshadowed motion has no procedural standing and is merely a means to assist the flow of the meeting. Therefore Council is not required to have foreshadowed motions recorded in the minutes until the foreshadowed motion is formally moved.

ORDINARY MEETING OF COUNCIL ON 2 MARCH 2015 Page 74

6.6

Attachment 2: Draft Meeting Procedures Code

Notice of Motion (1) (2)

(3)

(4) (5)

Where a notice of motion relates to a statutory duty of Council it may be moved by any Councillor present. Where a notice of motion does not relate to a statutory duty of Council: a. the Councillor who is the author of the notice of motion must move the notice of motion if the Councillor is present at the meeting; and b. any Councillor present at the meeting may move the notice of motion if the author of the notice of motion is not present at the meeting. Except where clause (b) applies, if the Chairperson is the author of the notice of motion then the Chairperson shall vacate the chair and a temporary chair shall be appointed for the conduct of that item. If a notice of motion to confirm a previous resolution of Council cannot be carried in its original form, it is lost. Unless Council resolves to re-list at a future meeting a notice of motion which has been lost, a similar motion must not be put before Council for at least three months from the date it was last lost.

Rescinding or Amending a previous Resolution A Councillor may propose a motion to amend or rescind a previous resolution of Council provided: (1) (2) (3)

The resolution has not been acted upon; and the notice of motion is in writing and signed by the Councillor (Primary Councillor) and two other Councillors and delivered to the Chief Executive Officer no later than 48 hours following the meeting of the Council at which the motion proposed to be rescinded or altered was adopted.

A resolution will be deemed to have been acted upon if: (1) (2)

its contents have or substance has been formally communicated to a person whose interests are materially affected by it; a statutory process has been commenced so as to vest enforceable rights in or obligations on Council or any other person

A notice of Motion to rescind or alter previous resolution of Council: (1)

(2) (3)

is to be listed by the Chief Executive Officer for consideration at the next Ordinary Meeting of Council, unless a Special Meeting of Council is called to consider the notice of motion prior to the next Ordinary Meeting of Council. may be moved by any Councillor present at the meeting if the Primary Councillor is not present at the meeting. shall be deemed to have been withdrawn if not moved at the meeting for which it is listed. (a) The Primary Councillor may by written notification to the Chief Executive officer withdraw the notice of motion at any time. (b) Unless Council resolves to re-list at a future meeting a notice of motion to amend or rescind which has been lost, a similar motion must not be put before Council for at least three months from the date it was last lost. (c) The provisions of clause (number to be indserted) shall apply to notices to amend or rescind a previous resolution of Council

ORDINARY MEETING OF COUNCIL ON 2 MARCH 2015 Page 75

Attachment 2

Item: 6.6

6.6

Item: 6.6 (d)

Attachment 2: Draft Meeting Procedures Code A member of Council staff must not act or continue to act upon or implement a previous resolution if a notice of motion to rescind has been properly lodged.

Attachment 2

Procedural motions

(1)

A procedural motion may be moved at any time and must be dealt with immediately by the Chairperson.

(2)

Procedural motions are not required to be seconded.

(3)

The mover of a procedural motion must not have moved, seconded or spoken to the question before the Chair or any amendment of it.

(4)

A procedural motion cannot be moved by the Chairperson.

(5)

The mover has the right or obligation to justify the procedural motion, thereafter debate is not permitted unless allowed at the discretion of the Chairperson and the mover does not have a right of reply.

(6)

Unless otherwise provided, a procedural motion cannot be amended

Voting How determined (1)

(2) (3)

A question before a meeting of a Council is to be determined as follows: a) the Chairperson will first call for those in favour of the motion and then those opposed to the motion and will declare the result to the meeting; b) each Councillor present must vote unless prohibited by the Act from doing so; Except that a Councillor may demand a division, Councillors must remain seated in silence while a vote is being taken. The Chairperson may direct that the vote be re-counted for him or her to satisfy himself or herself of the result. a) Once a vote on a motion has been taken, no further discussion relating to the motion will be allowed.

Notes 90. Voting (1) A question before a meeting of a Council or special committee is to be determined as followsâ&#x20AC;&#x201D; (a) each Councillor present at a meeting of the Council and each member of a special committee present at a meeting of the special committee who is entitled to vote is entitled to one vote; ***** (c) unless the procedures of a Council or special Committee otherwise provide, voting must be by a show of hands; (ca) voting at a meeting that is open to members of the public must not be in secret; (d) the question is determined in the affirmative by a majority of the Councillors or members of the special committee present at a meeting at the time the vote is taken voting in favour of the question; (e) except where subsection (2) applies, if the number of votes in favour of the question is half the number of Councillors or members of the special committee present at the meeting at the time the vote is taken, the Chairperson has a second vote. (2) If there is an equality of votes on a question arising under section 71(1), 87(2), 87(3) or 87(4), the matter is to be determined by lot.

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Attachment 2: Draft Meeting Procedures Code

Clarification (1) (2)

Prior to a vote being taken on any matter, a Councillor may request the Chairperson clarify any issues in relation to that matter. The Chairperson may direct any question seeking confirmation of an issue to a Councillor or member of Council staff

6.6

Item: 6.6

(1) (2)

(3)

A division may be requested by any Councillor on any matter. The request must be made to the Chairperson either immediately prior to or immediately after the vote is taken but cannot be requested after consideration of the next item of business has commenced. When a division is called for, the vote already taken must be treated as a nullity and the division shall decide the motion or amendment.

Procedure for a Division (1)

(2) (3) (4)

If a division is called by a Councillor the vote must be taken by, first, Councillors voting in the affirmative standing in their places, and, then, Councillors voting in the negative standing in their places. No Councillor is prevented from changing his or her original vote at the voting on the division, and the voting by division will determine Councilâ&#x20AC;&#x2122;s resolution on the issue. The Chairperson must declare the result of the division. The minutes shall record the names of the Councillors voting for the motion and those voting against the motion

Resolution not to be discussed after it is carried Except in the case of a motion of revocation or alteration or a Councillor wishing to have his or her support or opposition to the motion recorded, no resolution may be discussed after the vote upon it has been declared. Recording of opposition to motion Any Councillor may ask that his or her opposition to a motion adopted by the meeting be recorded. It must then be recorded in the minutes of the meeting. Time limits A Councillor must not speak longer than the time set out below, unless granted an extension by the meeting: (a) the mover of a motion or an amendment: 5 minutes; (b) any other member: 3 minutes; and (c) the mover of a motion exercising a right of reply: 2 minutes. A motion for an extension of time once carried, shall allow a Councillor a further two minutes to speak and any further extension shall only be permitted at the discretion of the Chairperson. Points of order A point of order is an objection that the motion, amendment or statement made is: ORDINARY MEETING OF COUNCIL ON 2 MARCH 2015 Page 77

Attachment 2

Division

6.6

Item: 6.6 (1) (2) (3) (4) (5)

Attachment 2: Draft Meeting Procedures Code

contrary to this Local Law; defamatory; irrelevant; improper; or outside Council's legal powers;

and may be made despite the fact that the Councillor, member or Chairperson is speaking at the time.

Attachment 2

A point of order must be taken by stating: (1) the matter complained of; and (2) the reason constituting the point of order. Point of Order Procedure (1)

The Chairperson may raise a point of order without it having been made by a Councillor or member.

(2)

When called to order, a Councillor or member must remain silent until the point of order is decided unless he or she is requested by the Chairperson to provide an explanation.

(3)

The Chairperson may adjourn the meeting to consider a point of order but must otherwise rule upon it as soon as it is taken.

(4)

The Chairperson must, when ruling on a point of order, give reasons for the ruling.

(5)

The Chairperson's ruling is final unless the majority of Councillors present at the meeting vote in favour of a motion of dissent that is moved and seconded immediately after the Chairperson's ruling is given.

(6)

A motion of dissent must state the provision or practice in substitution for the Chairperson's ruling.

(7)

A motion of dissent that is carried must be acted on by the Chairperson

Priority of address In the case of competition for the right to speak, the Chairperson must decide the order in which the Councillors concerned will be heard. Interruptions, interjections and relevance (1)

A Councillor must not be interrupted except by the Chairperson or upon a point of order.

(2)

If a Councillor is interrupted by the Chairperson or upon a point of order or personal explanation, he or she must remain silent until the Chairperson has ceased speaking, the point of order has been determined or the personal explanation has been given.

(3)

A Councillor must not digress from the subject-matter of the motion or business under discussion.

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Attachment 2: Draft Meeting Procedures Code

(4)

The mover of a motion must not introduce fresh matter when exercising any right of reply.

(5)

At the discretion of the chair, questions from Councillors to Council Officers or to other Councillors, may be disallowed if it is considered they are asked for purposes other than the simple soliciting of information.

6.6

Item: 6.6

In addition to other duties and discretions provided in this Code, the Chairperson: (1) must not accept any motion, question or statement which appears to the Chairperson to be derogatory or defamatory or personally embarrassing to any Councillor, member of staff, ratepayer or member of the public; (2) must call to order any person who is disruptive or unruly during any meeting; and (3) may direct a Councillor or other person to withdraw a question or statement which is derogatory or defamatory or personally embarrassing to a Councillor, member of staff, ratepayer or member of the public. Suspension of a Councillor Council by resolution may suspend from a meeting, and for the balance of the meeting, any Councillor whose actions have disrupted the business of Council, and have impeded its orderly conduct. Removal from Chamber (1)

(2)

If any person in the chamber is called to order by the Chairperson and thereafter again acts in breach of this Code or the Local Law, the Chairperson may order him or her to be removed from the chamber. The Chairperson, or Council in the case of a suspension, may ask any Authorised Officer or member of the Police Force to remove from the chamber any person who acts in breach of this Code or the Local Law or whom the Chairperson has ordered to be removed under sub-clause (1).

Recording Proceedings

(1)

The Chief Executive Officer (or other person authorised by the Chief Executive Officer) may record the proceedings of a Council meeting. Recordings must be retained until the minutes of the meeting are confirmed at the following Council meeting.

(2)

Any other person must not take photographs, or record on audio or visual recording equipment or any other device or means of recording, any part of the proceedings of a Council meeting.

(3)

Council will consider a request submitted prior to the commencement of the meeting, to photograph, or record on audio or visual recording equipment or any other device or means of recording, any part of the proceedings of a Council meeting. Where the consent of Council is granted, it may be revoked at any time during the course of the relevant meeting.

ORDINARY MEETING OF COUNCIL ON 2 MARCH 2015 Page 79

Attachment 2

Ordering Withdrawal of Remark

6.6

Item: 6.6

Attachment 2: Draft Meeting Procedures Code

Public Participation

Attachment 2

Visitors to be silent (1)

Visitors must not interject or take part in the debate.

(2)

Silence must be preserved in the gallery at all times.

(3)

Any visitor at a meeting must extend due courtesy and respect to the Council or Special Committee and the processes under which it operates and must take direction from the Chairperson whenever called upon to do so.

(4)

If any visitor is called to order by the chairperson and thereafter Acts in breach of this Code, the Chairperson may order him or her to be removed from the gallery.

During Meetings (1)

(2) (3) (4)

(5)

At every ordinary meeting of Council, time may be allocated in accordance with Council policy to enable any person to address Council on a matter included on the Agenda. Sub-clause (1) does not apply during any period when Council has resolved to close the meeting in respect of a matter under section 89(2) of the Act. Comments should be confined to the matter under consideration and directed to the Chairperson. Council may allocate reasonable time to each person who wishes to address the Council having regard to:a) the nature of the matter to be discussed; b) priorities in relation to other Council business; c) other members of the community present who also wish to address the Council; d) whether such an opportunity has already been provided to the person. Council may decide to defer discussion to a later date and the views of the person addressing Council should be sought concerning that other date.

Addressing the Meeting (1) (2) (3)

A person addressing the meeting shall do so in a civil and courteous manner Any person who addresses the meeting must stand and direct all remarks through the Chairperson. Notwithstanding sub-clause (b), the Chairperson may at his or her discretion permit any person to remain seated whilst addressing the Chairperson.

Public Submissions Where Council has sought public submissions in accordance with section 223 of the Act and a person or a representative specified in the submission has requested to be heard at a Council or Committee meeting in support of their submission, they shall comply with the requirement of this Code and confine their comments to five minutes. The Chairperson may grant an extension to the time of up to one minute to allow a speaker to conclude their submission.

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Attachment 2: Draft Meeting Procedures Code

Procedure not provided in Local Law

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Item: 6.6

Attachment 2

In all cases not specifically provided for by this code, reference must be had to the rules, forms and usages of the Victorian Parliament, Legislative Assembly (so far as the same are capable of being applied to Council or Committee proceedings).

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6.6

Item: 6.6

Attachment 3: Local Law Community Impact Statement

BANYULE CITY COUNCIL

Local Law Community Impact Statement GOVERNANCE LOCAL LAW NO. 2 (2015) incorporating the Meeting Procedures Code Council provides the following information to the community in respect of the proposed Local Law.

Attachment 3

PART A – General comments Background Banyule City Council has undertaken an extensive review of its existing Local Law No. 2 (2005) – Conduct of Meetings Local Law. This Local Law sunsets on the 28 April 2015. An extensive review of the existing Meeting Procedures Code has been undertaken in conjunction with the review of the Local Law and an incorporated document of the Local Law. The Local Law No. 2 (2005) – Conduct of Meetings Local Law will be revoked at the time of the adoption of the new Governance Local Law No. 2 (2015). Since that time, there have been amendments to the Local Government Act 1989, the proposed Governance Local Law No. 2 reflects a number of these amendments which have been made to the Act, in particular the Local Government Legislation Amendment (Miscellaneous) Act in October 2012, which significantly impacts on meeting procedures. It also includes a number of changes to provide for more effective and efficient conduct of Council meetings Maintaining clear and open communication and upholding good governance principles has been paramount in reviewing this Local Law. Meeting practices will remain largely the same, with some necessary changes required to bring the instrument in line with current legislation. Objectives The objectives of the proposed Local Law and Meeting Procedures Code are to:  Provide for the election of the Mayor;  Regulate the use of the common seal;  Prohibit unauthorised use of the common seal or any device resembling the common seal;  Provide for the procedures governing the conduct of Council meetings,  Set the rules of behavior for those participating in or present at Council Meetings  Provide for the role of the Mayor and  Revoke Council’s Conduct of Meeting Local Law (2005) and Meeting Procedures Code

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PART B – Comments on proposed Local Law overall Measures of success of proposed Local Law

The success of the proposed Local Law will be best measured by the extent to which it enhances the governance framework and decision making processes of the Council including:  That Council meetings continue to operate openly and transparently.  That the overall objectives of the Local Law are met.  That the Local Government legislative requirements are met. Council will assess these outcomes as part of its periodic review of its governance framework.

Existing legislation The proposed local law has been carefully prepared in accordance that might be used with the requirements of section 91(1) of the Local Government Act 1989, and Council believes that no other legislation can be used instead instead of the proposed local law. Council must make a Local Law governing the conduct of Council and Special Committee meetings in accordance with section 91(1) of the Local Government Act 1989. Except as provided within the Act, the conduct of meetings is at the discretion of Council. State legislation more appropriate

6.6

Attachment 3: Local Law Community Impact Statement

The proposed local law has been carefully prepared and Council believes that all items dealt within the local law are either not dealt within, or are consistent with, other Victorian State legislation.

Overlap of existing There are provisions in the Local Government Act 1989 which relate to the conduct of Council and Special Committee meetings. The legislation majority of the proposed amendments are to remove the overlap of clauses in the Local Government Act. These clauses are being added as notes to assist the Council and the public in following Meeting Procedures. Accordingly, the proposed Local Law has a number of provisions which complement existing legislation and provide a more appropriate local response, whilst not overlapping, duplicating or conflicting with existing State Legislation. Overlap of planning scheme

The proposed Local Law has no relevance to any Planning Scheme.

Risk assessment

No formal risk assessment has been undertaken. The proposed Local Law prescribes common governance procedures to be followed by Council and prescribes standards of behavior for those participating in or present at Council and Committee meetings.

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Attachment 3

Item: 6.6

Legislative approach adopted

Attachment 3: Local Law Community Impact Statement

A Meeting Procedure Local Law is required by the provisions of the Local Government Act 1989. Conduct of Meetings The proposed Local Law adopts a medium impact regulatory approach as it prescribes with a level of detail the procedures and processes for the election of Mayor, use of the common seal and the conduct of Council and Committee meetings. This approach is considered appropriate to facilitate the orderly and efficient conduct of meetings with fair and equitable access and participation of Councillors, Committee members and, where appropriate, members of Council staff and the community; to provide certainty and transparency to participants and the community in relation to the election of Mayor; and

Attachment 3

6.6

Item: 6.6

The proposed amendments have been incorporated into a new consolidated Meeting Procedure Code to provide a greater level of clarity and transparency. Whilst being largely prescriptive, the Local Law retains a level of discretion that is considered appropriate to facilitate the orderly conduct of meetings, whilst allowing latitude to deal with particular circumstances of the meeting and business at hand. Conduct of Mayoral elections The Meeting Procedure Code adopts a high impact regulatory approach. The Code sets out the procedural aspects of Mayoral elections in a highly prescriptive manner. There are no discretionary provisions or processes. This approach is considered appropriate as it provides certainty and transparency to participants and the community, and ensures elections are conducted in fair and equitable manner. Council's Common Seal The Governance Local Law adopts a high impact regulatory approach. This approach is considered appropriate as it provides clear accountability for appropriate use and safekeeping of the Council seal. Restriction of competition

The proposed Local Law and Code relates only to Council governance processes and there are no National Competition Policy implications associated with the proposal.

Penalties

The Governance Law creates a minimal number of offences. Penalties for these offences are considered reasonable. Benchmarking indicates the penalties prescribed are within reasonable mid-range when compared with equivalent local laws of other municipalities. The penalties applying to all existing Local Law clauses were considered and reviewed and new offences were prescribed for:

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 for a Councillor to not withdraw an expression which is considered by the Chairperson to be defamatory, indecent, abusive, offensive, disorderly or objectionable, and to not satisfactorily apologise when called upon twice by the Chairperson to do so.  for any person, not being a Councillor, who is guilty of any improper or disorderly conduct to not leave the meeting when requested by the Chairperson to do so.  for a Councillor to refuse to leave the room on suspension. Permits & Fees

The proposed Local Law does not make provision for the issue of permits and does not prescribe any fees.

Performance standards or prescriptive

Not applicable

Comparison with neighbouring and like Councils

Banyule City Council participated in the LGPro Better Local Laws Program. Benchmarking has been conducted with Melbourne City Council, Manningham City Council, Knox City Council, Whitehorse City Council, Hume City Council, Nillumbik Shire Council and Stonnington City Council. The proposed Local Law is not substantially different from the meeting procedure local laws of other Victorian councils.

Charter of Human Rights

The Victorian Charter of Human Rights and Responsibilities (the Charter) contains twenty basic rights that promote and protect the values of freedom, respect, equality and dignity. The proposed Local Law has been considered in accordance with the Victorian Charter of Human Rights and Responsibilities. No inconsistencies have been identified. Particular consideration was given to the following rights under the charter:  Right to recognition and equality before the law  Right to privacy and reputation  Right to freedom of expression  Peaceful assembly and freedom of association  Right to take part in public life  Right to a fair hearing A Human Rights Assessment has been undertaken and is attached.

Consultation meetings

Initial consultation has been undertaken with Councillors and Staff to identify potential changes and improvements to the Local Law and Code. Amendments in legislation have also necessitated some changes. The proposed Local Law and Code is subject to a period of public consultation in accordance with section 223 of the Local Government Act 1989. All submissions received must be considered by Council prior to the Local Law being made.

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6.6

Attachment 3: Local Law Community Impact Statement

Attachment 3

Item: 6.6

Submissions

Attachment 3: Local Law Community Impact Statement

Submissions are invited from the community regarding the proposed Local Law. The public consultation period ends at 5.00pm on Friday 3 April, 2015.

Attachment 3

6.6

Item: 6.6

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Attachment 3: Local Law Community Impact Statement

6.6

Item: 6.6 BANYULE CITY COUNCIL

Local Law Community Impact Statement GOVERNANCE LOCAL LAW NO. 2 (2015)

Part C – Comments on specific parts or provisions of the proposed Local Law

Section (in previous Local Law and Code)

Proposed Change

Governance Local Law Title of Local Law

Change from Local Law No.2 (2005) Conduct of Meeting Local Law to Governance Local Law No.2 (2015) to simplify and reflect Council’s commitment to Good Governance in line with Councils City Plan.

Division 2, Election of Mayor

All references removed and placed in Meeting Procedures Code. Some references removed all together as it overlaps with the Local Government Act, instead an explanatory note is included being a direct quote of the relevant section from the Act. ie election of Mayor – when required? And voting must be by a show of hands

Method of Voting Determining the Vote

Division 3, Council All references removed and placed in Meeting Procedures Code Meetings Date, time and place of meetings Section 11, 12

Clause removed as covered in Local Government Act, Included as an explanatory note.

Special Meetings Quorum

Section 13 & 14

All references removed and placed in Meeting Procedures Code

Order of business Compliance Division 5 Suspension of Local Law

Clause has been removed. Advice received that it is not legally possible to reconvene the meeting after suspension of the Local Law.

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Attachment 3

Set our below are details of changes proposed to the existing Local Law. The following notes do not comment on minor alterations or grammatical changes. The local law has been restructured so that the numbering of clauses is easy to reference.

6.6

Item: 6.6

Attachment 3: Local Law Community Impact Statement

Section (in previous Local Law and Code)

Proposed Change

Division 6, Common Seal

Addition for Common Seal to be applied by the CEO in accordance with the Instrument of Delegation issued to the CEO this allows for items such Appreciation Certificates to be under seal without requiring a Council Resolution.

Attachment 3

Meeting Procedure Code Definitions

Reference as per the Local Government Act Additional Definitions to assist interpretation.

Part 3

Certain clauses removed as covered in Local Government Act, Included as an explanatory note.

Election of Mayor Part 4 – Council Meetings

Reworded to make it clear and removal of requirement to send notice to Councillors of Council meeting, Council meetings are adopted by Council annually and the dates placed in the Councillors diaries. Formal notice is not required. Additional wording Notice of all meetings must be made in accordance with the Act. Council may by resolution change the date (As the dates for Council meetings are resolved by Council, any changes or cancellations should be by resolution). Urgent Business Moved to Order of Business – Urgent Business, deleted ‘if a majority of Councillors present resolve to so consider it.’ All resolutions must be by majority, this sentence is not required.

Special Meetings

Aspects of the Clause removed as covered in Local Government Act, included as an explanatory note.

Section 12

Re-written and additional headings included to make it clearer

Section 11

Quorum Section 13 Minutes

Disclosure of Interests Rewording of Disclosure of Interests, wording deleted to reflect current requirements of Local Government Act, significant changes were made to the Local Government Act in 2008 and Councillors no longer may remain in the Chamber after having disclosed a Conflict of Interest. Resolutions Deleted as referenced in the Act - in relation to resolutions recorded in the minutes, the incorporation of relevant reports or a summary of the relevant reports considered in the decision making process.

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6.6

Attachment 3: Local Law Community Impact Statement

Section (in previous Local Law and Code)

Proposed Change

Order of Business

Inclusion of the headings: Affirmation – The Mayor or a Councillor will read out an affirmation of their commitment to the community Presentation – Formalises current practice whereby Presentations to Council including, presentation of certificates of appreciation. Order of Business New wording inserted to formalise current process. ‘Council may determine the order of Business at any Council Meeting. The varying of the order of Business may be done for the purpose of considering an item/s on the agenda ahead of other items, or to facilitate the voting of items in block.’ Minutes Addition: A copy of the minutes should be delivered or sent electronically to each Councillor no later than 48 hours before the next meeting, this is to provide some time limit to ensure Councillors receive the minutes prior to a meeting so they can be confirmed at the next meeting. Disclosure of Interest Addition of words to ensure compliance with the Act - A Councillor must make a full disclosure in accordance with section 79 of the Act Petitions Inclusion of the following words to reference Council Policy and formalise current process. A petition must presented to Council in in accordance with Council policy and (a) must be in a legible and permanent form of writing, typing or printing; (b) must not be defamatory, indecent, abusive or objectionable in language or substance; and (c) must not relate to a matter beyond the powers of Council. (d) every page of a petition must bear the wording of the whole of the petition or request and include the name, address and signature of petitioners Notice of Motion Formalisation of process with addition of Criteria for when a Council report must be called for: A Notice of Motion must call for a Council report if the Notice of Motion: (a) substantially affects the levels of Council service (b) commits Council to significant expenditure not included in the adopted Council Budget (c) establishes or amend Council policy (d) commits Council to any contractual arrangement (e) concerns any litigation in respect of which Council is a party.

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Attachment 3

Item: 6.6

Section (in previous Local Law and Code)

Attachment 3: Local Law Community Impact Statement

Proposed Change

 General Business – distinction made between Notice of Motion and Urgent Business:  The purpose of general business is to provide Councillors with an opportunity to provide an update on their duties and meetings attended and to raise matters such as :  A note of thanks or congratulations  Advise of attendance at event/meeting  Recognition  Tributes   A General Business item does not require a Councillor to vote on the matter as it does not require a decision.  Urgent Business Clarification and insertion of words in bold: Council may determine that an item, of which no notice is included in the agenda, be classified as urgent business and be transacted at a meeting. An item may be classified as urgent business if it: (a) relates to a matter which has arisen since distribution of the agenda; or (b) involves a matter of urgent community concern; or (c) cannot be safely or conveniently deferred until the next Ordinary meeting   Prior to the consideration of the Urgent Business item, Council must first determine to accept the Urgent Business Item and will require a Mover and Seconder and put the Motion to the vote of the Council. The mover shall explain why the item has been classified as Urgent Business without speaking to it and then move it without speaking to it.

Attachment 3

6.6

Item: 6.6

Section 15 Voting

Duplication with the Local Government Act, the following points have been deleted:  each Councillor present at a meeting of the Council who is entitled to vote is entitled to one vote;  voting is by show of hands; and  there shall be no proxy votes.  The question is determined by a majority of the votes.  If there is an equality of votes the Chairperson has a second vote. This clause will not apply for the election of the Mayor.

Part 8 – Conduct of Meetings

 Additional Words inserted to formalise correct and current practice for moving a motion. Additional words in bold.

Section 19 (a)– Moving a Motion or an Amendment

 The mover shall read the motion without speaking to it and shall briefly state its nature and intent,

Section 19 (d) (iii)

A motion moved and seconded must be put to the vote, wording has been replaced to reflect this requirement.

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Section (in previous Local Law and Code)

Attachment 3: Local Law Community Impact Statement

6.6

Item: 6.6

Proposed Change

Replaced ‘If there is no opposition, it may be declared carried without further discussion’ and with ‘the Chairperson must then put the motion to the vote’ Reworded for clarity

Forshadowing a Motion Section 24

Replacing of ‘may suspend the meeting’ to ‘may call a recess’.

Motions in writing Section 28 Rescission Motion

Time limits added, none existed and Councils benchmarked all included a time limit. This provides certainty for Councillors and staff that resolutions stand and not potentially having to wait until the next Council meeting for confirmation. When a Notice of rescission is received wording to ensure that staff do not act on the motion subject of the rescission motion ‘A member of Council staff must not act or continue to act upon or implement a previous resolution if a notice of motion to rescind has been properly lodged.’

Section 55 Variation to Code Section 56 – Recording Proceedings

Deleted as the Act sets out the requirements to amend the Local Law or an incorporated documents forming part of the Local Law. Reworded. New wording inserted to incorporate future recordings of Council meetings which Council is considering ie webcasting

Section 41 -Laying These clauses have been deleted as they are adequately covered by other provisions in the Code. None of the benchmarked Council’s the Question on had these clauses. the Table Section 42 Proceeding to the next Business Section 43- The Previous Question Section 43 -The Closure Other New Visitors

Inclusion of Visitors (Gallery) obligations - May be asked to leave the chamber, consistent with other Councils provisions and allows for the continuation of the meeting without disruption

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Attachment 3

Section 22

6.6

Item: 6.6

Section (in previous Local Law and Code)

Attachment 3: Local Law Community Impact Statement

Proposed Change

Visitors must not interject or take part in the debate. Silence must be preserved in the gallery at all times.

Attachment 3

Any visitor at a meeting must extend due courtesy and respect to the Council or Special Committee and the processes under which it operates, and must take direction from the Chairperson whenever called upon to do so. If any visitor is called to order by the chairperson and thereafter acts in breach of this Code, the Chairperson may order him or her to be removed from the gallery. Other New â&#x20AC;&#x201C; Public Submissions

As Section 223 Submissions are heard in the formal Council meeting, formalisation of requirements is now included: Where Council has sought public submissions in accordance with section 223 of the Act and a person or a representative specified in the submission has requested to be heard at a Council or Committee meeting in support of their submission, they shall comply with the requirements of this Code and confine their comments to five minutes. The Chairperson may grant an extension to the time up to one minute to allow a speaker to conclude their submission.

Other - New

Procedure not provided in Code â&#x20AC;&#x201C; other Councils benchmarked provided a similar clause In all cases not specifically provided for by this Local Law, reference must be had to the rules, forms and usages of the Victorian Parliament, Legislative Assembly (so far as the same are capable of being applied to Council or Committee proceedings).

Other - New

Inserted: Explanatory notes with relevant sections from the Act inserted to assist with the Meeting Procedure Code and its interpretation. They do not form part of the Code. They are for reference only and the Act and the relevant section should be read in full for exact details.

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Attachment 4: Human Rights Assessment - Governance Local Law and Meeting Procedures Code

6.6

Item: 6.6

HUMAN RIGHTS CHARTER – ASSESSMENT OF COMPATIBILITY In accordance with section 28 of the Charter of Human Rights and Responsibilities, this statement of compatibility is made with respect to Banyule City Council’s Governance Local Law No. 2 (2015) and Meeting Procedures Code. The Banyule City Council’s Governance Local Law No. 2 is compatible with the human rights protected by the Charter. Objective

    

Right to recognition and equality before the law Right to privacy and reputation Right to freedom of expression Right to take part in public life Right to a fair hearing

Human Rights Assessment What human rights are impacted? List each right - refer

Will any person feel their rights are limited and why? Refer to

What are the interests you have to balance? List

Is the limitation reasonable? Against each

to Appendix A – Your Rights Explained for a detailed explanation of rights.

'Limiting Rights’ on page 2 of the Human Rights Guidelines for advice.

any other interests of the community that need to be considered.

right limited, state why the limitation is reasonable.

NO – Right enhanced

Recognition and equality before the law

What practical solutions are available to reduce the limitation? If a limited right is not reasonable, ensure comment made that the document was amended so the right is either not limited or reasonably limited.

Councils must not knowingly be in breach of the Charter of Human Rights and Responsibilities and must always consider them when they create laws, develop policies and deliver services. Council ORDINARY MEETING OF COUNCIL ON 2 MARCH 2015 Page 93

Attachment 4

To complete the Human Rights Charter – Assessment of Compatibility for Banyule City Council’s proposed Governance Local Law No. 2 – and Meeting Procedures Code in accordance with best practice guidelines developed by the State Government with their Better Practice Local Laws Strategy (December 2008) and the Guidelines for Local Laws Manual (February 2010). The following rights are assessed further:

Attachment 4

6.6

Item: 6.6

Attachment 4: Human Rights Assessment - Governance Local Law and Meeting Procedures Code

What human rights are impacted? List each right - refer

Will any person feel their rights are limited and why? Refer to

What are the interests you have to balance? List

Is the limitation reasonable? Against each

What practical solutions are available to reduce the limitation? If a limited right

to Appendix A â&#x20AC;&#x201C; Your Rights Explained for a detailed explanation of rights.

'Limiting Rightsâ&#x20AC;&#x2122; on page 2 of the Human Rights Guidelines for advice.

any other interests of the community that need to be considered.

right limited, state why the limitation is reasonable.

Limitation is reasonable.

A Councillor/Visitor has the ability to participate in a respectful manner and contribute to the Good Governance of the Council meeting.

is not reasonable, ensure comment made that the document was amended so the right is either not limited or reasonably limited.

reports which form part of the business considered at Council meetings must consider these rights. At Banyule, a section on Human Rights forms part of the Report template. 2

Protection of privacy and reputation (section 13)

NO. Protected by limitations on expression of interest and right to participate in public life

Freedom of expression (section 15)

YES Regulates the Conduct and Behaviour of Councillors, staff and members of the public gallery (referred to as Visitors in the Code) and limits time to speak and content of speech. Regulates the format of any public expression.

To an extent, the limitations on expression and participation in this section when applied to an individual in context, may also serve to protect the very same rights of another individual. For

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Council must preserve the objective of setting the rules of behaviour for those participating in or present at Council meetings. Not accepting defamatory, derogatory or personally embarrassing comments protects the rights of all to a respectful meeting . It is considered reasonable to preserve the public order of Council meetings.

The provisions vest power in a discretionary rather than mandatory form. This provides the

What human rights are impacted? List each right - refer

Will any person feel their rights are limited and why? Refer to

What are the interests you have to balance? List

Is the limitation reasonable? Against each

to Appendix A – Your Rights Explained for a detailed explanation of rights.

'Limiting Rights’ on page 2 of the Human Rights Guidelines for advice.

any other interests of the community that need to be considered.

right limited, state why the limitation is reasonable.

is not reasonable, ensure comment made that the document was amended so the right is either not limited or reasonably limited.

example, the Local Law provides that Council may suspend a Councillor whose actions have disrupted the business of Council. Such a provision may be applied, to protect the rights of other Councillors to participate in the meeting. This or other provisions may be utilised to protect a person’s right to privacy and reputation, or to liberty and security (for example, protecting them from harassment or threats).

Peaceful assembly and freedom of association (section 16)

YES Regulates Conduct and Behaviour of members the public gallery (referred to as Visitors in the Code) and limits behaviour. Limits the ability of a person or group of people to exercise their right to peacefully protest or to

What practical solutions are available to reduce the limitation? If a limited right

Chairperson some latitude to apply the provisions of the Local Law and Code in a manner which is not disproportionate to the Charter rights. It is also noted with respect to sanctions available in the Local Law, Suspension and Removal from Chamber, that there is a provision for the Chairperson to call to order or request withdrawal of comments/remarks prior to Suspension.

Council must preserve the objective of setting the rules of behaviour for those participating in or present at Council meetings. By ensuring that visitors must not interject or take part in the debate protects the integrity of the formal

6.6

Attachment 4: Human Rights Assessment - Governance Local Law and Meeting Procedures Code

Limitation is reasonable.

Whilst Visitors must not interject or take part in the debate and silence must be preserved in the gallery at all times there are other opportunities for the public to participate in Council meetings.

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Attachment 4

Item: 6.6

6.6

Item: 6.6

Attachment 4: Human Rights Assessment - Governance Local Law and Meeting Procedures Code

What human rights are impacted? List each right - refer

Will any person feel their rights are limited and why? Refer to

What are the interests you have to balance? List

Is the limitation reasonable? Against each

to Appendix A â&#x20AC;&#x201C; Your Rights Explained for a detailed explanation of rights.

'Limiting Rightsâ&#x20AC;&#x2122; on page 2 of the Human Rights Guidelines for advice.

any other interests of the community that need to be considered.

right limited, state why the limitation is reasonable.

Attachment 4

come together for a common purpose.

is not reasonable, ensure comment made that the document was amended so the right is either not limited or reasonably limited.

meeting proceedings and protects the rights of all to a respectful meeting .

Council allows a Public Forum prior to the Council meeting and allows for speakers to address Council on an item before Council as published in the Council Agenda.

It is considered reasonable to preserve the public order of Council meetings.

Take part in public life

YES For Councillors: The Local Law and Code contain a number of provisions which could be considered to restrict the business which may be conducted at meetings and the manner in which Councillors and Committee members can participate. These include procedures and limitations around introducing general business, urgent business and notices of motion; speaking times; rules of debate; procedural motions and rescission motions. For the Public: Restriction on how one can participate in the Council meeting and requirement to

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What practical solutions are available to reduce the limitation? If a limited right

While the proposed Local Law and Code imposes procedural limitations, it does so in a manner which is considered proportionate to its purpose and objectives, taking into account the need to provide notice of business to be conducted at a meeting and the efficient and orderly conduct of meetings.

Limitation is reasonable.

The limitation for the public is reasonable and a limitation on speaking times

Banyule provides two opportunities for participation at the Council

Council holds a Public Forum prior to the meeting whereby

What human rights are impacted? List each right - refer

Will any person feel their rights are limited and why? Refer to

What are the interests you have to balance? List

Is the limitation reasonable? Against each

to Appendix A – Your Rights Explained for a detailed explanation of rights.

'Limiting Rights’ on page 2 of the Human Rights Guidelines for advice.

any other interests of the community that need to be considered.

right limited, state why the limitation is reasonable.

complete Request to Speak form, and inability to comment on Urgent Business item as it is not known at the time of publishing the agenda.

is also applicable to Councillors to allow for the orderly conduct of meetings.

meeting, the Open forum prior to the meeting and the ability to speak to an item before Council. To speak to an item before Council a form must be submitted by 2pm on the day of the Meeting. The limitation is resonable as there is no requirement to detail the comments or questions that will be made.

members of the gallery may indicate their preference to address the Council in this time. Unlike some other Council’s there is no requirement for the public to submit their question to the Council by a certain time in the day, rather the person puts their name down on a list prior to the meeting. The Council generally extends the public forum to accommodate the number of people wishing to speak.

A fair hearing (section 24)

What practical solutions are available to reduce the limitation? If a limited right

6.6

Attachment 4: Human Rights Assessment - Governance Local Law and Meeting Procedures Code

is not reasonable, ensure comment made that the document was amended so the right is either not limited or reasonably limited.

Rights supported by providing Councillors an opportunity to speak. Members of the public are provided with opportunities to address the Council without interruption as provided for in the Local Law and Code.

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Attachment 4

Item: 6.6