Banyule City Council - 3 August 2015 Minutes

Ordinary Meeting of Council Council Chambers, Service Centre 275 Upper Heidelberg Road, Ivanhoe 3 August 2015 commencing at 7.45pm

MINUTES PRESENT .............................................................................................................................. 3 APOLOGIES .......................................................................................................................... 3 LEAVE OF ABSENCE ........................................................................................................... 3 CONFIRMATION OF MINUTES ............................................................................................. 3 DISCLOSURE OF INTERESTS ............................................................................................. 3 PRESENTATION ................................................................................................................... 4 1. PETITIONS ...................................................................................................................... 5 1.1 Provision of a children's crossing on Martins Lane, Viewbank ................................. 5 4.3 Martins Lane, Viewbank - Proposed Children's Crossing and Supervisor ............... 6 1.2 Petition in relation to approved landscaping at 199 Mountain View Road Greensborough ....................................................................................................... 7 2. PEOPLE – COMMUNITY STRENGTHENING AND SUPPORT ...................................... 8 2.1 Banyule Business Awards....................................................................................... 8 3. PLANET – ENVIRONMENTAL SUSTAINABILITY ......................................................... 9 Nil 4. PLACE – SUSTAINABLE AMENITY AND BUILT ENVIRONMENT................................ 9 4.1 Notice of Decision - Bell Street Mall Special Rate .................................................. 9 4.2 Redmond Court Wetlands Study ........................................................................... 12 4.4 Proposed Road Closure - Hughes Street at Baldwin Avenue, Montmorency......... 13 5. PARTICIPATION – COMMUNITY INVOLVEMENT IN COMMUNITY LIFE ................... 14 Nil 6. PERFORMANCE - USE OUR RESOURCES WISELY .................................................. 14 6.1 Improvements to Burgundy Street, Heidelberg ...................................................... 14 6.2 1 Kalparrin Avenue Greensborough - New Lease ................................................. 14 6.3 Assembly of Councillors ........................................................................................ 15 7. SEALING OF DOCUMENTS ......................................................................................... 19 7.1 Sealing of Documents ........................................................................................... 19

These Minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 17 August 2015

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8. NOTICES OF MOTION .................................................................................................. 19 8.1 Rosanna Road/Greensborough Highway night time Truck Ban ............................ 19 8.2 Renaming the Mental Health Reserve................................................................... 20 8.3 Greening Banyule ................................................................................................. 20 9. GENERAL BUSINESS .................................................................................................. 21 9.1 St Margaret's Anglican Church Commemorative Service ...................................... 21 9.2 Launch of the Lower Plenty Serpent Sculpture ..................................................... 21 9.3 Eaglemont Dirt Bike Jumps Opening .................................................................... 21 9.4 Cancer Council Relay For Life .............................................................................. 21 10. URGENT BUSINESS..................................................................................................... 21 CLOSURE OF MEETING TO THE PUBLIC......................................................................... 21 CLOSURE OF MEETING ..................................................................................................... 22

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These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 17 August 2015

MINUTES ORDINARY MEETING OF COUNCIL

3 AUGUST 2015

EXTENSION OF PUBLIC FORUM Resolution (CO2015/243) That the Public Forum be extended until 8.10pm Moved: Cr Jenny Mulholland Seconded: Cr Steven Briffa

CARRIED

EXTENSION OF PUBLIC FORUM (CO2015/244) Resolution That the Public Forum be extended an additional 5 minutes.

Moved: Cr Jenny Mulholland Seconded: Cr Tom Melican

CARRIED

The Meeting opened at 8.20pm.

Acknowledgement of the Traditional Owner, the Wurundjeri willam people The Mayor read an acknowledgement of the traditional land owners, the Wurundjeri willam people.

Present Mayor Cr Craig Langdon, Cr Steven Briffa, Cr Wayne Phillips, Cr Mark Di Pasquale, Cr Rick Garotti, Cr Tom Melican, Cr Jenny Mulholland.

Apologies Nil Leave of Absence Nil Confirmation of Minutes That the following Minutes be confirmed: Ordinary Meeting of Council held 20 July 2015 Moved: Cr Jenny Mulholland Seconded: Cr Tom Melican

CARRIED

Disclosure of Interests Simon McMillan, CEO declared a conflict of Interest in confidential item 11.2 related to personnel matters and advised he would not be present for the discussion on that item.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 17 August 2015

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Presentation A presentation of badges were awarded to Scout members of the 1st & 2nd Greensborough Scouts.

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These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 17 August 2015

MINUTES ORDINARY MEETING OF COUNCIL

3 AUGUST 2015

PROCEDURAL MOTION (CO2015/245) Resolution That item 4.3 be considered in conjunction with item 1.1 Moved: Cr Steven Briffa Seconded: Cr Tom Melican

CARRIED

1. PETITIONS 1.1

PROVISION OF A CHILDREN'S CROSSING ON MARTINS LANE, VIEWBANK

Ms Gianna Romano and Mr Duncan Baulch spoke on the item.

EXECUTIVE SUMMARY A petition with 237 signatures from residents of Viewbank and surrounding areas has been received requesting the construction of a children’s crossing on Martins Lane, near Viewbank Primary School.

The petition prayer is as follows: “We the undersigned, residents and ratepayers of Banyule City wish to bring to the attention of Council: The lack of a children’s crossing on Martins Lane near Viewbank Primary School. Students coming from north of the school cannot safely walk to school. This is increasing car traffic and creating a hazard.

We therefore request Banyule Council to: Construct a children’s crossing on Martins Lane near Viewbank Primary School.”

Resolution (CO2015/246) That Council: 1.

Receives and notes the petition.

2.

Notes that a report on this matter is included in the agenda to this meeting.

3.

Advise the primary petitioner accordingly.

Moved: Cr Steven Briffa Seconded: Cr Craig Langdon

CARRIED

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 17 August 2015

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4.3

3 AUGUST 2015

MARTINS LANE, VIEWBANK - PROPOSED CHILDREN'S CROSSING AND SUPERVISOR

EXECUTIVE SUMMARY Council resolved in 2013 to consider allocating funds in the 2014/15 Capital Works Program to deliver four different projects to install children’s crossings around Viewbank College and Viewbank Primary School. Two of these received funding and have since been constructed.

The project to construct a children’s crossing on Martins Lane, west of Grantham Road was not funded in Council’s 2014/15 or 2015/16 Capital Works Program.

A petition with 237 signatures from residents of Viewbank and surrounding areas has been received requesting the construction of a children’s crossing on Martins Lane, near Viewbank Primary School and is included in this Agenda for Councils consideration.

Recent pedestrian and vehicle counts confirm that the construction of a children’s crossing and subsequent employment of a crossing supervisor for Martins Lane, Viewbank is warranted. Accordingly the crossing is proposed to be considered for funding in future Capital Works budget.

Resolution (CO2015/247) That Council: 1.

Consider allocating funds within future Capital Works budgets for the design and construction of a raised children’s crossing on Martins Lane, Viewbank.

2.

Following the installation of a children’s crossing on Martins Lane: (a) Fund the provision of a school crossing supervisor; (b) Include the school crossing in future funding submissions for the VicRoads’ School Crossing Supervisor Subsidy Scheme.

3.

Advise Viewbank Primary School and Primary Petitioner of this Resolution.

4.

Request in writing from Viewbank Primary School, whether they are prepared to contribute towards the construction of a formal school crossing in Martins Lane Viewbank.

5.

Receive a future report following a meeting between the Viewbank Primary School Council, the Mayor and Ward Councillor

Moved: Cr Steven Briffa Seconded: Cr Wayne Phillips

CARRIED

Councillor Briffa left the Chamber at 9.11 pm.

Councillor Briffa returned to the Chamber at 9.14 pm.

Councillor Garotti left the Chamber at 9.15 pm.

Councillor Garotti returned to the Chamber at 9.18 pm.

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These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 17 August 2015

MINUTES ORDINARY MEETING OF COUNCIL

1.2

3 AUGUST 2015

PETITION IN RELATION TO APPROVED LANDSCAPING AT 199 MOUNTAIN VIEW ROAD GREENSBOROUGH

EXECUTIVE SUMMARY A petition of 42 signatures has been received by residents located in Mountain View Road, Greensborough and nearby streets including Simmons Court.

The petition prayer is as follows: We, the undersigned, would like to register our opposition to the proposal to introduce the Landscape Plan, dated as received 9 December 2014, for the proposed set of three units at 199 Mountain View Road, Briar Hill, for the following reasons:  The Landscape Plan was approved by Council without consultation with the neighbours likely to be affected by the plan;  The Landscaping Plan was approved by Council apparently disregarding the following recommendations from the Council Arborist; “The proposed landscaping plan includes Red Box and Yellow Box, which are large trees and develop large root systems. Tree roots often conflict with hard surfaces, be it driveways, pavers or dwelling, leading to premature removal of trees. It is very important to have the right tree in the right location to allow trees to reach maturity.

If a permit is granted for the layout proposed, the use of smaller (preferably indigenous or native species) would be required.”  The Landscape Plan does not comply with the requirements of the VCAT Order approving the three new units proposed at 199 Mountain View Road;  The Red Box tree proposed for the rear courtyard area of Unit 2 at 199 Mountain View Road is located within a metre of the fence line and 2 metres of a concrete pathway around the house at 201 Mountain View Road presenting a significant risk as it grows (together with the Native Frangipani in the same courtyard) to the roof of the house at the foundations of that house.

The petition does not seek specific action from Council.

Officers have been in consultation with the lead petitioner and developer prior to receipt of the petition.

Resolution (CO2015/248) That: 1.

Council receives and notes the petition.

2.

Council continue to consult with the head petitioner and the developer in relation to an appropriate landscaping outcome on the property at 199 Mountain View Road that has regard to the concerns of the primary petitioner.

3.

The lead petitioner be advised of Council’s decision.

Moved: Cr Wayne Phillips Seconded: Cr Steven Briffa

CARRIED

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 17 August 2015

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2. PEOPLE – COMMUNITY STRENGTHENING AND SUPPORT 2.1

BANYULE BUSINESS AWARDS

Ms Beverley Moss spoke on the item.

EXECUTIVE SUMMARY This report outlines the potential for the introduction of a pilot retail business awards program following Council’s resolution on 20 July 2015. The awards would be focused on retail because the bulk of existing economic development activity is focused on this sector, and the limited timeframe to implement the awards constrains the options available for nominating and choosing award winners.

The awards would be predominantly based on ‘people’s choice’ which promotes an inclusive approach where residents, shoppers and visitors could nominate and vote for businesses within a range of categories.

With Council’s budget set for the 2015/16 year, the funding and staff time required to implement the awards program would need to be found from existing resources. However, there are service implications, which would include the removal of the business breakfast from the 2015/16 business support program, and the reduction in size and scope of the Smaller Shopping Centre Improvement program. Alternatively an additional budget could be allocated.

Resolution (CO2015/249) That Council: 1.

Deliver a pilot Banyule Business Awards program by 28 October 2015 that focusses on the following categories: a. b. c. d. e. f. g. h. i. j.

Health and Wellbeing.

Professional Services.

Fashion.

General Retail.

Hairdressers and Beauty Services.

Restaurants/ Pubs and Bars.

Cafes/ Takeaway and eateries.

Fresh Produce.

Manufacturing Mayoral Choice Award.

2.

Allocate $27,000 from savings or carried forwards toward the implementation of the pilot awards program.

3.

Receive a further report evaluating the effectiveness of the program following the delivery of the pilot.

Moved: Cr Jenny Mulholland Seconded: Cr Craig Langdon

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CARRIED

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 17 August 2015

MINUTES ORDINARY MEETING OF COUNCIL

3 AUGUST 2015

3. PLANET – ENVIRONMENTAL SUSTAINABILITY Nil

4. PLACE – SUSTAINABLE AMENITY AND BUILT ENVIRONMENT Councillor Mulholland left the Chamber at 9.42 pm.

Councillor Mulholland returned to the Chamber at 9.44 pm.

Councillor Phillips left the Chamber at 9.50 pm.

Councillor Phillips returned to the Chamber at 9.53 pm.

Councillor Melican left the Chamber at 10.01 pm.

Councillor Melican returned to the Chamber at 10.03 pm.

4.1

NOTICE OF DECISION - BELL STREET MALL SPECIAL RATE

Ms Beverley Moss, Ms Elizabeth White, Mr Adam Raad and Miss Emily Metcalfe spoke on the item.

EXECUTIVE SUMMARY On 25 May 2015, Council resolved of its intention to declare a Special Rate for the Bell Street Mall Shopping Centre (Shopping Centre). Following this meeting, owners and occupiers of properties to be included in the Scheme were notified of the intended Scheme renewal with a formal letter and a copy of the public notice of intention to declare a Special Rate. Written submissions and/or objections to the Scheme were invited and Council received a total of 24 written submissions including one part objection. 23 submissions received were in support of the Scheme and the other (24th) submission, which is also an objection, objects to the specific method in which the Scheme is calculated rather than the scheme as a whole.

This report formally considers the written submissions received under sections 163A and 223 of the Local Government Act 1989 (Act) and takes into account the written objection lodged under section 163B of the Act in relation to the proposed Special Rate Scheme for the Bell Street Mall Shopping Centre (Special Rate or Scheme).

It is intended, following a consideration of submissions received and the taking into account of the objection lodged, that Council will make a decision as to whether a new Special Rate Scheme will be declared for the Bell Street Mall Shopping Centre on the basis previously proposed by Council.

Resolution (CO2015/250) That: 1.

Council, having considered all submissions received and taken account of the objection lodged and having complied with the requirements of sections 163A, 163B and 223 of the Local Government Act 1989 (Act), and otherwise according to law, hereby declares a Special Rate (Special Rate) under section 163(1) of the Act for the purposes of defraying expenses to be incurred by Council in providing funds to the incorporated body known and operating as the Bell Street Mall Traders’ Association (Traders’ Association), which funds, administratively only and subject always to the approval,

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 17 August 2015

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direction and control of Council, are to be used for the purposes of the appointment of a part time marketing coordinator, promotional, advertising, marketing, business development and other incidental expenses as approved by Council and agreed to from time to time between Council and the Traders’ Association, all of which are associated with the encouragement of commerce, retail and professional activity and employment in the Bell Street Mall Shopping Centre (Shopping Centre or Scheme).

2.

The criteria which form the basis of the declaration of the Special Rate are the ownership and the capital improved value of rateable land used, or reasonably capable of being used, for commercial, retail or professional purposes, which rateable land is situated within the geographical area in which the properties described in paragraphs 6 and 7 of this declaration.

3.

Council note in declaring the Special Rate, it is performing functions and exercising powers in relation to the peace, order and good government of the municipal district of the City of Banyule, in particular the encouragement of commerce, retail activity and employment opportunities within the area for which the Special Rate is declared.

4.

The total cost of the performance of the function and the exercise of the power by Council (in relation to activities associated with the encouragement of commerce, retail activity and employment opportunities in the area for which the Special Rate is declared) and also the total amount of the Special Rate to be levied by Council is referrable to an amount of $55,000 which amount will be levied in each year of the Scheme and which in total will raise an amount of $275,000 over the 5 year period of the Scheme.

5.

The period for which the Special Rate is declared and will remain in force is a period of 5 years commencing on 1 July 2015 and ending on 30 June 2020.

6.

The area for which the Special Rate is declared is all of the land referred to as the Shopping Centre, as identified and shown on the plan set out in the attachment forming a part of this declaration (being Attachment 1).

7.

The land in relation to which the Special Rate is declared is all that rateable land described in the listing of rateable properties set out in the attachment forming a part of this declaration (being Attachment 1).

8.

The proposed Special Rate be declared and assessed based on the capital improved value of each property multiplied by an amount of 0.0019031163, combined with a minimum Special Rate payable of $350 and maximum Special Rate payable of $2,000, such assessments being more particularly described in the attachment forming a part of this declaration (being Attachment 1).

9.

The Special Rate be levied by Council sending a Notice of Levy in the prescribed form annually to the person who is liable to pay the Special Rate, which will require that the Special Rate must be paid by four instalments, to be paid by the dates which are fixed by the Council in the notice (the first such instalment being payable on a date which is not less than 28 days after the issue of the levy notice).

10.

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

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These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 17 August 2015

MINUTES ORDINARY MEETING OF COUNCIL

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11.

Council considers that there will be a special benefit to the persons required to pay the Special Rate because there will be a benefit to those persons that is over and above, or greater than, the benefit that is available to persons who are not subject to the Special Rate, and directly or indirectly as a result of the expenditure proposed by the Special Rate, the viability of the Shopping Centre as a business, commercial, retail and professional area, and the value and the use, occupation and enjoyment of the properties and the businesses included in the Scheme area will be maintained or enhanced through increased economic activity.

12.

Council further considers and formally determines for the purposes of sections 163(2)(a), (2A) and (2B) of the Act, that the estimated proportion of the total benefits of the Scheme to which the performance of the function or the exercise of the power relates (including all special benefits and community benefits) that will accrue as special benefits to all of the persons who are liable to pay the Special Rate is in a ratio of 1:1 (or 100%). This is on the basis that, in the opinion of Council, the total amount of the Special Rate to be levied and all of the services and activities to be provided from the expenditure of the Special Rate are marketing, promotion and advertising related and will accordingly only benefit the owners and occupiers of those properties and businesses included in the Scheme that are used, or reasonably capable of being used, for retail, commercial or professional purposes.

13.

The Traders’ Association be authorised to administer the proceeds of the Special Rate on the express condition that the Traders’ Association enters into a funding agreement with Council for the period of the Special Rate. The funding agreement confirms the administrative arrangements in relation to the Special Rate, such agreement being a formal precondition to the payment by Council to the Traders’ Association of any funds to be obtained from the Special Rate.

14.

Council approves the funding agreement between Council and the Traders’ Association and the Common Seal of Council is affixed to the agreement.

15.

Notice be given to all owners and occupiers of properties included in the Scheme and all persons who have lodged a written submission of the decision of Council to declare and levy the Special Rate commencing on 1 July 2015, and the reasons for the decision.

16.

For the purposes of paragraph 15, the reasons for the decision of Council to declare the Special Rate are that – (a)

there is only 1 objection to the Scheme and it is otherwise considered that there is a broad level of support for the Special Rate from all property owners and occupiers;

(b)

Council considers that it is acting in accordance with the functions and powers conferred on it under the Local Government Act 1989, having regard to its role, purposes and objectives under the Act, particularly in relation to the encouragement of commerce, retail activity and employment opportunities in and around the Scheme area;

(c)

all persons who are liable or required to pay the Special Rate and the properties respectively owned or occupied by them will receive a special benefit in the form of an enhancement or maintenance in land values and/or a maintenance or enhancement in the use, occupation, and enjoyment of the properties; and

(d)

the basis of the distribution of the Special Rate amongst those persons who are liable or required to pay the Special Rate is considered by Council to be fair and

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 17 August 2015

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reasonable.

17.

The Traders’ Association be notified of the matters specified in paragraphs 1, 13 and 14 of this resolution.

Moved: Cr Jenny Mulholland Seconded: Cr Rick Garotti

4.2

CARRIED

REDMOND COURT WETLANDS STUDY

EXECUTIVE SUMMARY In response to a Council resolution dated 18 March 2013, an investigation into the feasibility of converting part of Redmond Court wetland into an open space area for public passive recreation has been undertaken.

The study reviewed the operation and performance of the existing wetland and considered options to provide public open space while maintaining environmental performance and protection from flooding during severe weather events. The study identified that all of the wetland area was required for flood management as a retarding basin during severe storm events. As such, the topography and land levels could not be significantly altered.

The existing performance of the wetland was found to be less than the design performance and best practice management. Some further analysis and adjustment to stormwater pits and pipes along with improved maintenance of the wetland area is recommended as a minimum response.

Stormwater network and wetland maintenance improvements should be considered in future budgets.

Three different types of wetland were analysed with each offering a different environmental performance and making varying amounts of land available for public open space. The options are estimated to cost between $650,000 and $750,000 and provide between 0.4 and 0.5 hectares of open space.

A further option of keeping the wetland in place in its current format and to provide a series of paths and boardwalks around and through the wetland was also considered. This ‘boardwalk’ option is estimated to cost in the order of $350,000 and opens up the area to provide a destination for the local community.

The ‘boardwalk’ option is appropriate for further consideration in future budgets having regard to the priorities within Council’s Open Space Strategy which is currently being reviewed.

Resolution (CO2015/251) That Council: 1.

Considers carrying out stormwater network and wetland maintenance improvements on the Redmond Court Wetlands as part of the 2016/17 budget process.

2.

Considers the ‘boardwalk’, wetland and open space upgrade of the Redmond Court Wetlands in future budgets having regard to the priorities in Council’s revised 2015 Open Space Strategy.

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These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 17 August 2015

MINUTES ORDINARY MEETING OF COUNCIL

3.

Arrange appropriate communication to local residents under the letterhead of the Ward Councillor.

Moved: Cr Rick Garotti Seconded: Cr Jenny Mulholland

4.4

3 AUGUST 2015

CARRIED

PROPOSED ROAD CLOSURE - HUGHES STREET AT BALDWIN AVENUE, MONTMORENCY

Mr Keith Robertson spoke on the item.

EXECUTIVE SUMMARY A request to seal Hughes Street and Deirdre Court, Montmorency, was received in early 2015. A community meeting was held and as a result property owners’ views were sought on the possibility to both seal the roads and close Hughes Street at Baldwin Avenue. The survey results indicated a majority of property owners did not support the sealing of the roads but did support the closure of Hughes Street.

Accordingly, it is considered that the sealing of the road should not be pursued at this time.

However, the closure of Hughes Street is considered warranted. A formal process is required to permanently close a road under the Local Government Act. As traffic impact of the closure of the road is considered minimal, Council could commence the process and seek community views.

Councillor Di Pasquale left the Chamber at 10.23 pm.

Councillor Di Pasquale returned to the Chamber at 10.25 pm.

Resolution (CO2015/252) That Council: 1.

Initiates a traffic management trial by closing temporarily (for 3 months) Hughes Street, Montmorency, between Deirdre Court and Baldwin Avenue, following: a. Consultation with property owners and occupiers of properties on Hughes Street, Montmorency, south of Deirdre Court, in regards to the exact location for the temporary road closure. b. Requesting a report from VicRoads on the proposal to temporarily close Hughes Street at Baldwin Avenue under Schedule 11, Clause 10(2) of the Local Government Act.

2.

Notifies owners and occupiers of affected properties on Hughes Street, Deirdre Court, Baldwin Avenue, and Sherbourne Road, Montmorency of this resolution.

3.

Following the trials, consult and survey local owners/occupiers on the possibility of a permanent closure and its location with the results being reported back to Council at a future meeting.

Moved: Cr Wayne Phillips Seconded: Cr Tom Melican

CARRIED

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 17 August 2015

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5. PARTICIPATION – COMMUNITY INVOLVEMENT IN COMMUNITY LIFE Nil 6. PERFORMANCE - USE OUR RESOURCES WISELY 6.1

IMPROVEMENTS TO BURGUNDY STREET, HEIDELBERG

EXECUTIVE SUMMARY At its meeting on 18 August 2014 Council considered a report to pursue a staged approach to implement a 40km/h zone through the core of the Heidelberg Activity Centre pedestrian precinct. This report discusses Stage 2 of the proposed works.

A functional design has been prepared for safety and pedestrian improvements to Burgundy Street, Heidelberg between Upper Heidelberg Road and Mount Street. The improvements are designed to meet VicRoads requirements for Stage 2 of the Heidelberg 40 km/h zone on this section of Burgundy Street.

Approval is sought to the functional design to facilitate formal discussions with VicRoads for the works and the introduction of a 40 km/h speed limit.

Resolution (CO2015/253) That the item be deferred.

Moved: Cr Jenny Mulholland Seconded: Cr Craig Langdon

6.2

CARRIED

1 KALPARRIN AVENUE GREENSBOROUGH - NEW LEASE

EXECUTIVE SUMMARY Council owns and currently leases the land and improvements known as 1 Kalparrin Avenue Greensborough (subject site) to Kalparrin Early Childhood Intervention Program Inc (Kalparrin) under a three year lease, which expired on 29 June 2015 (existing lease). The existing lease did not provide an option for a further term. Kalparrin is currently over-holding under the terms and conditions of the existing lease.

Kalparrin seeks to enter into a new lease with Council for the term of three years with options for two further terms of three years each (new lease).

The proposal to enter into the new lease triggered the need to give public notice under sections 190 and 223 of the Local Government Act 1989 (Act).

At its Ordinary Meeting on 9 June 2015 (CO2015/171) Council considered a report on the proposal to grant a new lease and, amongst other things, authorised the giving of public notice.

Public notice was given in the “Diamond Valley Leader” on 17 June 2015, with submissions on the proposal invited in accordance with section 223 of the Act. The submission period closed at 5:00 pm on 15 July 2015, with no submissions being received.

The purpose of this report is for Council to acknowledge that no submissions were received and to advise that the final form of the new lease has not yet been settled. Consequently, a 14

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 17 August 2015

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decision on whether or not to grant the new lease will be made at a future meeting of Council.

Resolution (CO2015/254) That Council: 1.

Having complied with sections 190 and 223 of the Local Government Act 1989: a.

by giving public notice in the “Diamond Valley Leader” on 17 June 2015;

b.

by providing an opportunity to those who have requested to be heard at Council’s Ordinary Meeting of 3 August 2015 to be heard at that meeting; and

c.

by recording that no submissions have been received; will decide on the granting of a new lease, to Kalparrin Early Childhood Intervention Program Inc in respect of the Council-owned land and improvements at 1 Kalparrin Avenue Greensborough, at a future meeting of Council, once the final form of the new lease has been settled.

Moved: Cr Mark Di Pasquale Seconded: Cr Steven Briffa

6.3

CARRIED

ASSEMBLY OF COUNCILLORS

EXECUTIVE SUMMARY Under the Local Government Act 1989 an Assembly of Councillors is defined as: A meeting of an advisory committee of the Council, if at least one Councillor is present or; A planned or scheduled meeting of at least half of the Councillors and one member of Council staff which considers matters that are intended or likely to be: a) 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 July 2015

Type of Meeting:

Confidential Councillor Briefing

Matters Considered:

 

Councillors Present:

Craig Langdon Tom Melican Jenny Mulholland Wayne Phillips

Contractual Matters Legal Advice

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 17 August 2015

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2

3 AUGUST 2015

Staff Present:

Scott Walker – Director City Development Joseph Tabacco – Manager Property & Economic Jeanette Kringle – Coordinator Property Operations

Others Present:

Rosemary Southgate – Russell Kennedy Lawyers

Conflict of Interest:

Nil

Date of Assembly:

20 July 2015

Type of Meeting:

Councillor Briefing

Matters Considered:

Items on the Council Agenda for the Ordinary Meeting of 20 July 2015 (excluding confidential items) as listed below: 1.1 3.1 4.1 4.2 4.3

6.1 6.2 6.3 6.4 7.1 8.1 8.2 8.3 8.4 8.5 8.6

Anthony Beale Regional Family Playspace Urban Forest Plan Development Contribution Schemes for land developers Council response to the "Better Apartments" Discussion Paper Further consideration of trees to be removed as part of approved Aged Care Development at 250 Waterdale Road, Ivanhoe Clarification of Previous Council Report on Insurance 14 Ivanhoe Parade Ivanhoe - Proposed sale of land - Hearing Submissions Scouts Association of Australia Victorian Branch - Lease Assembly of Councillors Sealing of Documents Review of Council Committees Planning and Public Consultation Meetings Public Participation Guidelines Mayoral Duties and Attendance 16 March - 30 June 2015 Indian Myna Birds Business Awards Naming of Pavilion at Seddon Reserve Ivanhoe

9. General Business  Community Development Grants  Change Makers Event  Montmorency Sugar Glider Project 10. Urgent Business  Heidelberg United Football Club – Application to Football Federation Vitoria’s Women National Premier League.

Councillors Present:

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Steven Briffa Mark Di Pasquale Craig Langdon

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 17 August 2015

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Tom Melican Jenny Mulholland Wayne Phillips

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Staff Present:

Simon McMillan – Chief Executive Officer Scott Walker – Director City Development Geoff Glynn – Director Assets & City Services Peter Utri – Acting Director Corporate Services Gina Burden – Manager Governance & Communications Emily Outlaw- Council Governance Liaison Officer Joel Elbourne – Manager Urban Planning & Building Jeff Parkes – Coordinator Open Space Peter Benazic – Manager Parks & Gardens Darren Bennett – Manager Leisure Recreation & Cultural Services Joseph Tabacco – Manager Property & Economic Paul Fitzgerald – Tree Care Supervisor Roberta Colosimo – Acting Manager Youth & Family Services

Others Present:

Nil

Conflict of Interest:

Nil

Date of Assembly:

20 July 2015

Type of Meeting:

Community Information & Support Service Meeting

Matters Considered:

Review the CISS (Community Information Support Service) merger progress

Councillors Present:

Steven Briffa Mark Di Pasquale Craig Langdon Tom Melican Jenny Mulholland

Staff Present:

Simon McMillan – Chief Executive Officer Darren Bennett – Manager Leisure Recreation & Cultural Services Roberta Colosimo – Acting Manager Youth & Family Services Frances Gianinotti – Coordinator Youth & Community Partnerships Karen Molinaro – Community Liaison & Support Officer

Others Present:

Ian Parker – Chair of Banyule Support and Information Centre (BANSIC) Sean Coleman Chief Executive Officer of Diamond Valley Community Support (DVCS) Angela Snow – Diamond Valley Community Support (DVCS) Ray Middleton – Volunteers of Banyule (VOB) Mary Cockling- Volunteers of Banyule (VOB) Janet Farrow Interim Board Chair Kate Wheller - Chief Executive Officer of Community

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 17 August 2015

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MINUTES ORDINARY MEETING OF COUNCIL

3 AUGUST 2015

Information & Support Victoria (CISVIC)

4

Conflict of Interest:

Nil

Date of Assembly:

27 July 2015

Type of Meeting:

Councillor Briefing

Matters Considered:

Yarra Valley Water Tank Site – 421 Upper Heidelberg Road, Ivanhoe

Councillors Present:

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

Staff Present:

Simon McMillan – Chief Executive Officer Scott Walker – Director City Development Peter Utri – Acting Director Corporate Services Joel Elbourne – Manager Urban Planning & Building

Others Present:

Kevin Jones – Yarra Valley Water Allison Flintoff – Yarra Valley Water Gregory Anderson – Places Victoria Phil Roth – Places Victoria Dean Thornton – Places Victoria Jabin Henderson – Places Victoria

Conflict of Interest:

Nil

Resolution (CO2015/255) That the Assembly of Councillors report be received.

Moved: Cr Jenny Mulholland Seconded: Cr Rick Garotti

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CARRIED

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 17 August 2015

MINUTES ORDINARY MEETING OF COUNCIL

3 AUGUST 2015

7. SEALING OF DOCUMENTS 7.1

SEALING OF DOCUMENTS

Resolution (CO2015/256) That the Common Seal of the Banyule City Council be affixed to the following documents: 1.

Deed of Renewal and Variation of Lease between Banyule City Council and East Ivanhoe Bowling Club Inc for the Site located at 151-153 The Boulevard, East Ivanhoe for the term of five (5) years commencing 1 July 2015 and ending 30 June 2020.

2.

Deed of Renewal and Variation of Lease between Banyule City Council and Greensborough Bowling Club Inc for the Site located at 18 Liat Way, Greensborough for the term of five (5) years commencing 1 July 2015 and ending 30 June 2020.

3.

Instrument of Authorisation for Planning Investigations Officer, Russell Colquhoun be appointed and authorised as set out in the Instrument.

Moved: Cr Jenny Mulholland Seconded: Cr Rick Garotti

CARRIED

Councillor Phillips left the Chamber at 10.32 pm.

Councillor Phillips returned to the Chamber at 10.33 pm.

8. NOTICES OF MOTION 8.1

ROSANNA ROAD/GREENSBOROUGH HIGHWAY NIGHT TIME TRUCK BAN

Mr Doug Munro and Mr Kevin Biaggini spoke on the item.

Cr Jenny Mulholland submitted a Notice of Motion Resolution (CO2015/257) “That: 1.

Council write to VicRoads expressing its disappointment of the lack of consultation with Council on what Council believes is a very important problem of heavy vehicles through its City.

2.

Council urgently request a briefing from VicRoads regarding the proposed nigh time truck bans on Rosanna Road and Greensborough Highway and proposed truck bans on other roads within Banyule.

3.

Council request VicRoads arrange for night time truck traffic counts and noise volume monitoring on the following roads before the proposed commencement of the truck ban on Rosanna Road/Greensborough Highway and during the ban.  

Banksia Street (Lower Heidelberg Road to Waterdale Road) Upper Heidelberg Road (Heidelberg Road to Banksia Street)

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 17 August 2015

19

MINUTES ORDINARY MEETING OF COUNCIL     

3 AUGUST 2015

Waterdale Road (Livingstone Street to Bell Street) Oriel Road (Livingstone Street to Bell Street) Bell Street (Upper Heidelberg Road to Darebin Creek bridge) Cape Street and any other streets nominated by Council.

4.

Council write to the Minister for Roads and Road Safety and ask to include Upper Heidelberg Road in the truck bans.

5.

Council arrange appropriate communication to local residents under the letterhead of the Ward Councillors.

6.

The State Member for Ivanhoe and other local State and Federal Members of Parliament and all local Upper House members be advised of Council’s resolution.”

Moved: Cr Jenny Mulholland Seconded: Cr Tom Melican

8.2

CARRIED

RENAMING THE MENTAL HEALTH RESERVE

Cr Rick Garotti submitted a Notice of Motion Resolution (CO2015/258) “That Council authorises the inclusion of the Grimshaw Ward Councillor's name and contact details in the resident consultation material that is to be distributed on the renaming of the Mental Health Reserve."

Moved: Cr Rick Garotti Seconded: Cr Steven Briffa

8.3

CARRIED

GREENING BANYULE

Mr Rowan Harrison and Mr Kevin Biaggini Cr Craig Langdon submitted a Notice of Motion.

Resolution (CO2015/259) “That a report be prepared for Council consideration on current and proposed initiatives as a consequence of the adoption of the Urban Forest Plan and other planting activities undertaken within the municipality for “Greening Banyule”.

The report should consider the following:    

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The development of the “Greening Banyule” brand with the associated signage and supporting materials Opportunities for improved promotion of Council’s greening activities The creation of annual planting targets with a ten year outlook The opportunity to develop a resident data base for communication of greening events and distribution of Council greening publications These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 17 August 2015

MINUTES ORDINARY MEETING OF COUNCIL 

3 AUGUST 2015

The development of partnerships with other organisations to achieve the proposed planting targets”

Moved: Cr Steven Briffa Seconded: Cr Craig Langdon

CARRIED

9. GENERAL BUSINESS 9.1

ST MARGARET'S ANGLICAN CHURCH COMMEMORATIVE SERVICE

Cr Steven Briffa acknowledged the Commemorative Service held on Saturday 1 August 2015 which was attended by himself and Cr Craig Langdon. The event was run by Eltham/Montmorency RSL.

9.2

LAUNCH OF THE LOWER PLENTY SERPENT SCULPTURE

Cr Steven Briffa congratulated all involved in the launch of the Lower Plenty Serpent Sculpture on 30 July 2015 and thanked the Lower Plenty Traders Association and Council officers. The sculpture is located on the corner of Lower Plenty and Para Roads Lower Plenty.

9.3

EAGLEMONT DIRT BIKE JUMPS OPENING

Cr Jenny Mulholland noted the opening of the new Eaglemont Dirt Bike Jumps held on Saturday 1 August 2015. Cr Mulholland spoke about the new renovation to the Dirt Bike Jumps which brought lots of members of the community together and thanked the Mayor for officiating the opening.

9.4

CANCER COUNCIL RELAY FOR LIFE

Cr Craig Langdon acknowledged a letter of thanks received from the Cancer Council for Banyule’s contribution to the Relay for Life in March 2015.

10. URGENT BUSINESS Nil

Closure of Meeting to the Public That in accordance with Section 89(2) of the Local Government Act 1989, Council close the Meeting to members of the public and adjourn for five minutes to allow the public to leave the Chamber prior to considering confidential items 11.1 & 11.2.

Moved: Cr Steven Briffa Seconded: Cr Rick Garotti

CARRIED

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 17 August 2015

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MINUTES ORDINARY MEETING OF COUNCIL

3 AUGUST 2015

The Meeting was adjourned at 11.27pm.

The Meeting was closed to the public at 11.38pm.

Closure of Meeting The Meeting was closed at 12.25 am.

DATED:........................... DAY OF ........................... 2015

.............................................

MAYOR

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These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 17 August 2015