Banyule City Council 5 October 2015 Ordinary Meeting Minutes

Ordinary Meeting of Council Council Chambers, Service Centre 275 Upper Heidelberg Road, Ivanhoe 5 October 2015 commencing at 7.45pm

MINUTES PRESENT .............................................................................................................................. 3 APOLOGIES .......................................................................................................................... 3 LEAVE OF ABSENCE ........................................................................................................... 3 CONFIRMATION OF MINUTES ............................................................................................. 3 DISCLOSURE OF INTERESTS ............................................................................................. 3 1. PETITIONS ...................................................................................................................... 4 Nil 2. PEOPLE – COMMUNITY STRENGTHENING AND SUPPORT ...................................... 4 2.1 World Health Organisation - Age friendly Cities Indicators Meeting ......................... 4 2.2 Alliance for Gambling Reform ................................................................................. 5 3. PLANET – ENVIRONMENTAL SUSTAINABILITY ......................................................... 5 3.1 Proposed multistorey mixed use development at 443 Upper Heidelberg Road, Ivanhoe (P1453/2014) - VCAT Consent Order ............................................. 5 4. PLACE – SUSTAINABLE AMENITY AND BUILT ENVIRONMENT................................ 6 4.1 Ivanhoe Grammar School Development Plan - Transition to Compliance ............... 6 4.2 Modified outcome for multi-storey mixed use development at 4-6 Flintoff Street, Greensborough (P563/2014) ....................................................................... 8 4.3 Review of Opportunities for Advertising Signs on Council Land ............................ 10 5. PARTICIPATION – COMMUNITY INVOLVEMENT IN COMMUNITY LIFE ................... 10 5.1 Macleod Recreation and Fitness Centre Draft Master Plan ................................... 10 6. PERFORMANCE - USE OUR RESOURCES WISELY .................................................. 12 6.1 Air Rights Over Forge Lane Between 37 Burgundy & 4 Villa Streets Heidelberg ............................................................................................................ 12 6.2 292 Lower Heidelberg Road Ivanhoe East - Encroachment on splay corner ......... 13 6.3 Assembly of Councillors ........................................................................................ 14 7. SEALING OF DOCUMENTS ......................................................................................... 17 Nil 8. NOTICES OF MOTION .................................................................................................. 17 These Minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 19 October 2015

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MINUTES ORDINARY MEETING OF COUNCIL

8.1

5 OCTOBER 2015

Illegal Mini (Monkey) Bikes ................................................................................... 17

9. GENERAL BUSINESS .................................................................................................. 17 9.1 Passing of Kevin Gould OAM ................................................................................ 17 9.2 Wellness Walk 2015 and Ivanhoe street party ...................................................... 17 9.3 Celebrate Seniors Morning Tea ............................................................................ 18 9.4 Heidelberg Soccer Club vs Melbourne City ........................................................... 18 9.5 Vale Laurel Langdon ............................................................................................. 18 10. URGENT BUSINESS..................................................................................................... 18 10.1 State Government Funding for Bundoora Primary School ..................................... 18 CLOSURE OF MEETING ..................................................................................................... 19

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These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 19 October 2015

MINUTES ORDINARY MEETING OF COUNCIL

5 OCTOBER 2015

EXTENSION OF PUBLIC FORUM (CO2015/334) Resolution That the Public Forum be extended until 7.55pm.

Moved: Cr Jenny Mulholland Seconded: Cr Tom Melican

CARRIED

The Meeting opened at 7.55pm.

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 21 September 2015 Moved: Cr Tom Melican Seconded: Cr Rick Garotti

CARRIED

Disclosure of Interests Councillor Steven Briffa declared an interest in item 4.2 - Modified outcome for multi-storey mixed use development at 4-6 Flintoff Street, Greensborough (P563/2014).

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 19 October 2015

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MINUTES ORDINARY MEETING OF COUNCIL

5 OCTOBER 2015

1. PETITIONS Nil 2. PEOPLE – COMMUNITY STRENGTHENING AND SUPPORT 2.1

WORLD HEALTH ORGANISATION - AGE FRIENDLY CITIES INDICATORS MEETING

Lisa Raywood, Manager Aged, Health and Community Planning, Leanne Horvath, Coordinator HACC Service Delivery and Catherine Simox, Community Service Resource & Development Officer, presented the updates to the World Health Organisation – Age Friendly Cities Indicators Meeting.

Dr Coral Tudball spoke to the item.

EXECUTIVE SUMMARY Since 2012, the World Health Organisation has been leading a project to develop a tool for selecting and measuring indicators to assess a community’s age-friendliness.

In 2014-2015, a global pilot study was conducted with fifteen (15) communities selected from around the world to use a draft version of the tool – “Measuring the Age-friendliness of Cities: A Guide to Using Core Indicators”.

Banyule was the only Australian pilot site selected to participate in the study.

After completing this exercise, the pilot sites met in Geneva, Switzerland, on 10-11 June 2015 at the World Health Organisation headquarters to discuss their experiences and perspectives as a group. This allowed each site to validate the information they provided in their written reports and clarify issues that should be addressed before the World Health Organisation indicator tool is finalized.

The meeting was attended by a total of twenty-five (25) participants, including representatives of the pilot sites, international experts, and World Health Organisation staff members.

Specific recommendations for revising the tool were also discussed.

Banyule’s participation in the global pilot project has sparked interest from a range of local, State and Federal government and non-government organisations wanting to learn from our experience and wanting to work with Banyule. The indicator data collected as part of the project will form a baseline measure for Banyule to see progress as it continues to work towards enhancing the age-friendliness of the Banyule community.

Resolution (CO2015/335) That Council 1. Note the World Health Organisation – Age friendly Cities Meeting Report 2014.

2. Continue implementing the actions and initiatives that support making Banyule an Age friendly City.

3. Congratulate staff on their continued efforts and commitment.

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 19 October 2015

MINUTES ORDINARY MEETING OF COUNCIL

2.2

5 OCTOBER 2015

ALLIANCE FOR GAMBLING REFORM

EXECUTIVE SUMMARY The Alliance for Gambling Reform (Alliance) is a newly-formed national collaboration of organisations with a shared concern about the harmful impacts of gambling in Australia. The Alliance seeks to campaign for reforms to the gambling industry to reduce harm from poker machines and to protect disadvantaged communities from the infiltration of increasing numbers of poker machines.

This report seeks Council’s endorsement to support the Alliance and its campaign plan. An introductory flyer about the Alliance is attached to this report.

Resolution (CO2015/336) That Council become an “Alliance Supporter” to the Alliance for Gambling Reform.

Moved: Cr Tom Melican Seconded: Cr Rick Garotti

CARRIED

3. PLANET – ENVIRONMENTAL SUSTAINABILITY 3.1

PROPOSED MULTISTOREY MIXED USE DEVELOPMENT AT 443 UPPER HEIDELBERG ROAD, IVANHOE (P1453/2014) - VCAT CONSENT ORDER

Dr Coral Tudball, Mr Dennis O’Connell, Mr Roger Fyfe and Mr Richard Creed spoke to the item.

EXECUTIVE SUMMARY Planning permit application P1453/2014 for a 26 storey mixed use tower block at 443 Upper Heidelberg Road, Ivanhoe was refused by Council at its meeting of 13 April 2015. The applicant lodged an appeal with the Victorian Civil and Administrative Tribunal (VCAT) against Council’s decision. As part of the appeal process, a Compulsory Conference was held at VCAT on Friday 28 August 2015. The conference was chaired by the Tribunal with the permit applicant, objector parties to the review, VicRoads and Council representatives in attendance.

As a result of the proceeding, ‘Without Prejudice’ amended plans and permit conditions were agreed to by Consent Order by the permit applicant, VicRoads and the objector parties to the review incorporating a number of key changes, including but not limited to:  A redesign of the architectural aesthetic of the proposal by a different architectural practice  Reducing the building height from 26 storeys to 14 storeys  Reduced office space with a subsequent reduced shortfall in statutory car parking by 46 spaces The Consent Order, incorporating amended plans and permit conditions, provides Council with the opportunity to decide whether to agree to the Consent Order. Based on a review of the proposal and feedback received following further notification to objectors to the original proposal, it is considered that Council should agree to the Consent Order and VicRoads conditions.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 19 October 2015

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MINUTES ORDINARY MEETING OF COUNCIL

5 OCTOBER 2015

Councillor Garotti left the Chamber at 08:37 pm.

Councillor Garotti returned to the Chamber at 08:40 pm.

Resolution (CO2015/337) That Council: A.

Agree to the Consent Order and VicRoads conditions in relation to Planning Application P1453/2014 for a mixed use development at 443 Upper Heidelberg Road Ivanhoe and advise the Victorian Civil and Administrative Tribunal and all parties to the Tribunal proceeding, as well as all original objectors to the proposal.

B.

Notes that in agreeing to the consent order outlined in Item A above that the decision: (a)

is made on the basis of the unique nature of the site with respect to its location and physical characteristics, as recognised by the site specific Design and Development Overlay controls for the site within the Banyule Planning Scheme.

(b)

in no way represents a precedent for sites which have different Planning Scheme Controls and will need to have planning proposals separately considered on their individual merits.

Moved: Cr Jenny Mulholland Seconded: Cr Craig Langdon

CARRIED

4. PLACE – SUSTAINABLE AMENITY AND BUILT ENVIRONMENT 4.1

IVANHOE GRAMMAR SCHOOL DEVELOPMENT PLAN - TRANSITION TO COMPLIANCE

Mr Timothy Peck spoke to the item.

Councillor Phillips left the Chamber at 08:55 pm.

Councillor Phillips returned to the Chamber at 08:56 pm.

EXECUTIVE SUMMARY The development of Ivanhoe Grammar School (the School) is currently in a state of transitioning between the old development plan (February 2000) and the new plan approved in June 2015 but not yet endorsed. There were expectations set under the previously approved development plan, particularly as it relates to car parking, that have not been fulfilled. While these expectations will be resolved with the completion of projects scheduled under the newly approved development plan, this plan is yet to be finalised and the timing is currently at the discretion of the school.

The school has also provided census data for August 2015 confirming that its staff and student numbers are currently in excess of the maximums allowed under the February 2000 Plan.

This report raises a number of issues that need further consideration and details from the school including the appropriate level of car parking on site to meet the statutory requirement for the number of staff; submission of a plan to show how vehicles will be accommodated to enter and exit the site from Russell Street for early morning drop off; provision of a Tree Care management plan: and a plan for managing access arrangements for the various access points for the period before the new car park is constructed.

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These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 19 October 2015

MINUTES ORDINARY MEETING OF COUNCIL

5 OCTOBER 2015

Resolution (CO2015/338) That Council: 1. Grant an extension of time to the existing development plan for 12 months (to July 2016) or until a new development plan is endorsed (whichever is the sooner) and agree to transition arrangements which vary the plan on the condition that Ivanhoe Grammar School: a. Increase on site car parking by 47 spaces to the satisfaction of Council by the commencement of Term 1 2016 to meet the statutory demand for the number of staff that exceeds the number of staff permitted under the 2000 development plan. Alternatively, the School must ensure its staff and student numbers do not exceed that permitted under the 2000 development plan by the commencement of Term 1 2016. b. Provide a plan that demonstrates how vehicles can enter the site and exit again through Russell Street for early morning drop offs to the Council’s satisfaction by December 2015. c. Provide a Tree Care Management Plan to Council’s satisfaction by December 2015. This plan must outline the current outstanding compliance matters relating to replacement tree planting for trees removed without planning permission. d. Develop a plan to Council’s satisfaction that outlines how the School will manage its access control before the approved car park is completed and include those controls as a transitioning arrangement in the final 2015 development plan.

2. Where the conditions of the transition arrangement outlined in 1 above are not met, enforce the existing Development Plan arrangement to ensure full compliance.

3. Request that the School ensure that the final development plan submitted for approval clearly shows 7 car parking spaces immediately west of Locksley House, or elsewhere onsite as agreed by Council, as included in the total number of car parking spaces used- for the purpose of calculating the total occupancy of facilities during events, with the remaining parking spaces to the west of Locksley House to not be made available during events.

4. Write to the School to inform them of Council’s decision.

Moved: Cr Jenny Mulholland Seconded: Cr Rick Garotti

CARRIED

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 19 October 2015

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MINUTES ORDINARY MEETING OF COUNCIL

4.2

5 OCTOBER 2015

MODIFIED OUTCOME FOR MULTI-STOREY MIXED USE DEVELOPMENT AT 4-6 FLINTOFF STREET, GREENSBOROUGH (P563/2014)

Cr Steven Briffa declared a conflicting personal interest in item 4.2, Modified outcome for multi-storey mixed use development at 4-6 Flintoff Street, Greensborough (P563/2014) due to an association with the applicant who is known to me.

In accordance with Section 79B of the Local Government Act, Cr Briffa sought Council’s approval to be excused from voting on the item.

(CO2015/339) Resolution That Council consent to Cr Steven Briffa being exempt from voting on item 4.2, Modified outcome for multi-storey mixed use development at 4-6 Flintoff Street, Greensborough (P563/2014), due to a declaration of conflicting personal interest.

Moved: Cr Rick Garotti Seconded: Cr Craig Langdon

CARRIED

Councillor Mulholland left the Chamber at 09:04 pm.

Cr Briffa left the chamber at 9.05pm for the discussion and vote on the item.

Councillor Mulholland returned to the Chamber at 09:06 pm.

Mr Roger Fyfe spoke to the item.

EXECUTIVE SUMMARY Planning permit application P563/2014 for a nine to ten storey mixed use development at 4-6 Flintoff Street was supported by Council at its meeting of 9 June 2015. A Notice of Decision was issued with a Planning Permit subsequently issued on 21 July 2015. A number of conditions were attached to the permit, which included;  modifications to the built form involving the deletion of one level of the building and subsequent reduction in the building height,  the podium height reduced to four storeys and a minimum upper level wall setback from the face of the podium above the podium (except for the corner tower) of 4.5 metres.  A standard time limit condition.

The applicant lodged an appeal with the Victorian Civil and Administrative Tribunal (VCAT) on 7 August 2015 against these conditions as well as a number of standard permit conditions. A Compulsory Conference has been scheduled for 8 October 2015 with a two day VCAT hearing scheduled to commence on 19 November 2015 should the matter not be resolved at the Compulsory Conference.

A request was received on 14 September 2015 initiating discussions about the potential for a Consent Order to vary the built form permit conditions. The modifications will result in a different built form outcome to that approved by Council and therefore requires Council consideration.

It is considered that the proposed variation to the built form permit conditions have merit and will result in an acceptable urban design outcome. As such, the proposed amendment to the built form conditions and the time limit condition sho8uld be supported.

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These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 19 October 2015

MINUTES ORDINARY MEETING OF COUNCIL

5 OCTOBER 2015

Resolution (CO2015/340) That: 1.

Council agree, without prejudice, to a Consent Order which provides for a modified outcome in relation to the approved Planning Permit P563/2014 for a mixed use development at 4 – 6 Flintoff Street, Greensborough including: (a) Amendment to Condition 1(b) to allow for the height of the podium to be lowered to five storeys adjacent to the tower on the south-western part of the Grimshaw Street podium and four storeys on the most south-eastern part of the Grimshaw Street podium, measured from the ground floor level of the building. (b) Amendment to Condition 1(c) to provide a minimum wall setback to Flintoff and Grimshaw Streets at all levels above the podium of 4.5 metres from the site boundary, except for the tower at the corner of Flintoff and Grimshaw Streets and the stairwell adjacent to Grimshaw Street, and including the internal reconfiguration/consolidation of apartments necessary to achieve these changes.

Glazed or visually lightweight balconies may project approximately 1.5 metres into this setback area. (c) Amendment to the time limit in Condition 25 to enable a 4 year commencement timeframe for the development.

2.

The Victorian Civil and Administrative Tribunal and the applicant be advised of Council’s decision.

Moved: Cr Mark Di Pasquale Seconded: Cr Wayne Phillips

CARRIED

Councillor Briffa returned to the Chamber at 09:23 pm.

Councillor Di Pasquale left the Chamber at 09:23 pm.

Councillor Di Pasquale returned to the Chamber at 09:24 pm.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 19 October 2015

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MINUTES ORDINARY MEETING OF COUNCIL

4.3

5 OCTOBER 2015

REVIEW OF OPPORTUNITIES FOR ADVERTISING SIGNS ON COUNCIL LAND

Mr Roger Fyfe spoke to the item.

EXECUTIVE SUMMARY Investigations have been conducted as to whether there may be increased opportunity to allow commercial advertising on Council land. Commercial advertising has the potential to provide additional revenue streams and improved Council assets. One of the types of advertising on Council land that was examined was sponsorship signs at sporting clubs.

Many community based sporting clubs are under pressure to raise sponsorship to help provide the services and facilities of the highest quality for their participants.

On 9 Jun 2015 Council resolved to undertake a process to amend the Outdoor Advertising Policy to allow sponsorship advertising on sporting ground structures that face main roads.

Council also resolved that further guidance be sought and requirements developed in relation to freestanding club identification and sponsorship signs adjoining the main sportsground entrances including standard Banyule logos and format.

Sporting groups have been consulted on the proposed changes and although the response was low it has been positive.

Resolution (CO2015/341) That Council adopts the amended Outdoor Advertising Policy (October 2015) that facilitates the opportunity for Banyule Sporting Clubs to increase their revenue streams.

Moved: Cr Mark Di Pasquale Seconded: Cr Tom Melican

CARRIED

5. PARTICIPATION – COMMUNITY INVOLVEMENT IN COMMUNITY LIFE 5.1

MACLEOD RECREATION AND FITNESS CENTRE DRAFT MASTER PLAN

Mr Brian Grace spoke to the item.

EXECUTIVE SUMMARY Macleod Recreation and Fitness Centre (MRFC) is located in Wungan Street Macleod. The original facility was constructed in the 1980s, is currently at programming capacity and there are a number of universal access and design issues limiting its functionality and ability to serve the community.

In November 2013, Council engaged HM Leisure Planning to complete a master plan for the Macleod Recreation and Fitness Centre. In December 2014, Council released the draft master plan to the public for consultation for a seven (7) week period. At the conclusion of the consultation period Council received nineteen (19) submissions regarding the plan. The key issues which emerged through the consultation phase focused on the quality and level of consultation during the preparation of the draft plan and the proposed relocation of the indoor sports court.

Following this feedback Council requested officers conduct a second round of consultation to influence the preparation of the finalised masterplan.

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These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 19 October 2015

MINUTES ORDINARY MEETING OF COUNCIL

5 OCTOBER 2015

The subsequent consultation process proved more effective with over 550 people actively engaged during consultation periods. The second round of consultations has given strong endorsement to the earlier consultations findings. A key change has been the recognition of the need to retain, upgrade and better service the existing indoor sports court and to ensure it can operate as an effective training, competition and home-base for the Banyule Hawks Basketball Club.

Following the second consultation process, the original concept design was reviewed and a second option has been prepared. Option 1 includes relocating the indoor sports court to another venue and Option 2 maintains the indoor sports court however one of the four multipurpose program rooms would not be able to be delivered.

The overall size difference between both options is 130square metres and the project cost difference is $462,000.

Council may consider endorsing both options for the purpose of further consultation and consider the feedback at a future meeting prior to making a final decision in regard to which option to pursue.

This report seeks Council endorsement of the draft master plan for the purpose of community consultation and invites written submissions between the 7 October and 2 November 2015.

A further report will then be provided following the consultation period.

Resolution (CO2015/342) That Council: 1.

Release the draft Macleod Recreation and Fitness Centre Master Plan for the purpose of community consultation until the 2 November 2015.

2.

Place an advertisement in the relevant Leader Newspapers and on Council’s website inviting community members to submit written proposals in relation to the draft master plan.

3.

Distribute the one page summary to all existing members of the Macleod Recreation and Fitness Centre, local traders and service providers within the Macleod area.

4.

Receive a further report following the community consultation period.

Moved: Cr Tom Melican Seconded: Cr Jenny Mulholland

CARRIED

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 19 October 2015

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MINUTES ORDINARY MEETING OF COUNCIL

5 OCTOBER 2015

6. PERFORMANCE - USE OUR RESOURCES WISELY 6.1

AIR RIGHTS OVER FORGE LANE BETWEEN 37 BURGUNDY & 4 VILLA STREETS HEIDELBERG

Dr Coral Tudball spoke to the item.

EXECUTIVE SUMMARY Having been issued the necessary planning permission, the landowner of 37 Burgundy and 4 Villa Streets, Heidelberg, has requested Council grant air rights over Forge Lane, separating the two sites, to facilitate the construction of a permanent physical link-way between both development sites.

The link-way is proposed to be constructed over two (2) levels subject to appropriate design and planning approval.

This report seeks to initiate giving public notice, in the “Heidelberg Leader” on 13 October 2015, of Council’s intention to grant air rights over Forge Lane pursuant to Section 223 of the Local Government Act 1989 (the Act).

The giving of public notice of Council’s intention to grant air rights over Forge Lane does not compel Council to do so. Council is merely complying with its statutory obligations under the Act. These obligations include giving public notice, considering written submissions and hearing submissions from persons who have requested to be heard on such a proposal.

Council will decide at a future meeting whether or not to grant air rights over the ‘road’ and enter into a long-term licence and Section 173 Agreement with the landowner of 37 Burgundy and 4 Villa Streets, Heidelberg.

Resolution (CO2015/343) That: (1)

Pursuant to Section 223 of the Local Government Act 1989, the statutory procedures be commenced to give public notice of Council’s intention to grant air rights over Forge Lane to the landowner of 37 Burgundy and 4 Villa Streets, in the “Heidelberg Leader”.

(2)

Written submissions on the proposal be received and persons who have made a written request to be heard in person or by a party representing them as specified in their written submission and in accordance with the Act, be heard at the Ordinary Meeting of Council on 30 November 2015 beginning at 7.45pm to be held in the Council Chambers, 275 Upper Heidelberg Road, Ivanhoe.

(3)

Council will decide on whether or not to grant air rights over Forge Lane at a future meeting, after considering any written submissions received and hearing from those persons who have requested to be heard in support of their submission.

(4)

If no submissions are received, Council may decide, at its meeting of 30 November 2015, whether or not to grant air rights to the developer and enter into a long-term licence and Section 173 agreement.

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 19 October 2015

MINUTES ORDINARY MEETING OF COUNCIL

6.2

5 OCTOBER 2015

292 LOWER HEIDELBERG ROAD IVANHOE EAST - ENCROACHMENT ON SPLAY CORNER

Mr Maurice Stabb spoke to the item.

EXECUTIVE SUMMARY It is understood that, during the 1960’s, reconstruction works were undertaken by the former Heidelberg Council on Lower Heidelberg Road, resulting in part of the road surface and the footpath at the intersection of Withers Street being constructed on land contained in certificate of title belonging to 292 Lower Heidelberg Road, Ivanhoe East (the splay).

The current property owner has formally requested that Council undertake to excise the road from that title and contribute toward the costs associated with the exercise.

The purchaser of a property has the responsibility to ensure that occupation accords with the title to the land being purchased. Had the appropriate checks been undertaken prior to the property having been purchased then the matter of title rectification could have been dealt with prior to settlement. Whilst legal advice on the matter suggests that the splay has become public highway by virtue of implied dedication as a public highway, it was an administrative oversight by the former Council, and should be rectified.

A plan of subdivision, pursuant to section 35 of the Subdivision Act 1988, should be lodged to rectify the matter and Council should contribute 50% of the total costs, in the interest of collaboration and resolution.

Resolution (CO2015/344) That: (1)

Pursuant to Section 35 of the Subdivision Act 1988, an application for a permit is lodged and the plan registered at the Titles Office to rectify title to 292 Lower Heidelberg Road, Ivanhoe East and to create the splay as R1 road on title to Council.

(2)

Council contributes up to $5000 of the total cost of facilitating administrative and legal expenses associated with preparing the plan and lodging the application, with the balance to be paid for by the owner of 292 Lower Heidelberg Road, Ivanhoe East.

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 19 October 2015

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MINUTES ORDINARY MEETING OF COUNCIL

6.3

5 OCTOBER 2015

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:

14 September 2015

Type of Meeting:

Councillor Briefing

Matters Considered:

1. Disability Review 2. HACC Solar Saver Program 3. Macleod Recreation Centre & Watsonia Pool Lease 4. Public Open Space Strategy Review 5. MAV State Council Meeting 6. SRV Funding Update 7. Community Development & RSL Grants 8. Community Information Support Services Steven Briffa Mark Di Pasquale Craig Langdon Tom Melican Jenny Mulholland Rick Garotti

Councillors Present:

Conflict of Interest:

Simon McMillan – Chief Executive Officer Allison Beckwith – Director Community Programs Scott Walker – Director City Development Peter Utri – Acting Director Corporate Services Russell Darling – Acting Director Assets & City Services Giovanna Savini – Manager, Youth & Family Services Daniel Kollmorgen – Manager Transport, Sustainability & Municipal Laws Leanne Horvath – Coordinator, HACC Service Delivery Clayton Simpson – Resource Conservation Officer John Milkins – Coordinator, Environmental Sustainability Peter Benazic – Manager, Parks & Gardens Jeff Parkes – Coordinator, Open Space Planning Ben McManus – Coordinator, Leisure & Cultural Services Nil

Date of Assembly:

21 September 2015

Staff Present:

Others Present:

2

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These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 19 October 2015

MINUTES ORDINARY MEETING OF COUNCIL

5 OCTOBER 2015

Type of Meeting:

Councillor Briefing

Matters Considered:

Items on the Council Agenda for the Ordinary Meeting of 21 September 2015 as listed below: 1.1 Petition regarding Permanent Road Closure on Leith Walk, Macleod 2.1 Road Safety programs and initiatives undertaken by Council in 2014/15 2.2 Electronic Gaming Machines - Investigation into Local Planning Policy and Cap on Numbers 4.1 Children's Crossing at Fernside Avenue, Briar Hill 4.2 Bell Street Mall - Traders' Parking Permits 4.3 Banyule Flats and Warringal Parklands Heritage Considerations 4.4 North East Link - Quarterly Report 4.5 Greensborough Activity Centre next phase of Development 4.6 Carols by Candlelight Location Option For 2015 and 2016 5.1 Advocacy Report 1 January 2015 - 30 June 2015 5.2 Heidelberg Park Pavilion - Capital Works Project 5.3 Community Information and Support Services Service Model 6.1 Scouts Association of Australia Victorian Branch Lease 6.2 Creation of Plantation Lane 6.3 Proposed road Discontinuance and Sale of Land Section of Pimelea Lane at the rear of 43 Haig Street, Heidelberg Heights 6.4 Proposed Discontinuance and Sale of Section of Road (RW028) Adjacent to the Rear of 4/98 Lower Heidelberg Road Ivanhoe 6.5 157 Wungan Street Macleod - Notice of Intention to Lease 6.6 Certification of the Financial Statements and Performance Statement for the year ended 30 June 2015 6.7 Items for Noting 6.8 Assembly of Councillors 8.1 Community Consultation for a Community Garden 8.2 Babarrbunin Beek - Aboriginal Commemorative walk 8.3 One Flintoff to reflect history of City of Banyule and Shire of Diamond Valley 8.4 Active Reserves Redevelopment Program 8.5 Protection for Victims of Crime 9. General Business 9.1 Youth Festival at Macleod Park 9.2 Macleod Football Club - Winning Their First 1st Division Premiership Since 1971 9.3 Bryant Reserve & Adjacent Council Car Park 9.4 Vale Luigi/Gino Villani

Councillors Present:

Steven Briffa Mark Di Pasquale

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 19 October 2015

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MINUTES ORDINARY MEETING OF COUNCIL

5 OCTOBER 2015

Craig Langdon Tom Melican Wayne Phillips Rick Garotti

Conflict of Interest:

Simon McMillan – Chief Executive Officer Allison Beckwith – Director Community Programs Scott Walker – Director City Development Peter Utri – Acting Director Corporate Services Russell Darling – Acting Director Assets & City Services Vivien Ferlaino – Governance Coordinator Gina Burden – Manager, Governance Giovanna Savini – Manager, Youth & Family Services John Minchinton – Coordinator, Aged & Disability Services David Bailey – Coordinator, Engineering Services Doug Baker – Financial Accountant Nil

Date of Assembly:

28 September 2015

Type of Meeting:

Councillor Briefing

Matters Considered:

1. Disability Review – NDIS Update 2. Macleod Recreation & Fitness Centre Masterplan Update 3. Planning & Development Opportunities 4. Budget & Capital Project Planning Steven Briffa Mark Di Pasquale Craig Langdon Tom Melican Wayne Phillips Rick Garotti Simon McMillan – Chief Executive Officer Allison Beckwith – Director Community Programs Scott Walker – Director City Development Peter Utri – Acting Director Corporate Services Geoff Glynn – Director Assets & City Services Giovanna Savini – Manager, Youth & Family Services Shawn Neilson – Community & Social Planner Lisa Raywood – Manager, Health & Aged Services Darren Bennett – Manager, Leisure, Recreation & Cultural Services Frances Giannotti – Coordinator, Youth & Community Partnerships Joseph Tobacco – Manager, Property & Economic Development John Minchinton – Coordinator, Aged & Disability Services Nil

Staff Present:

Others Present:

3

Councillors Present:

Staff Present:

Others Present:

Conflict of Interest:

Resolution (CO2015/345) That the Assembly of Councillors report be received.

Moved: Cr Tom Melican Seconded: Cr Rick Garotti 16

CARRIED

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 19 October 2015

MINUTES ORDINARY MEETING OF COUNCIL

5 OCTOBER 2015

7. SEALING OF DOCUMENTS Nil 8. NOTICES OF MOTION 8.1

ILLEGAL MINI (MONKEY) BIKES

Cr Craig Langdon submitted a Notice of Motion.

Resolution (CO2015/346) That Council: 1. Write to the Minister for Roads and Road Safety and Local Members of Parliament seeking a review of existing legislation and / or the introduction of new rules that deter the use of illegal mini bike riders.

2. Write to the Mayor of Frankston City Council confirming Banyule’s support for the initiatives by Frankston City Council to work with the Police and State Government in an effort to deter illegal mini bike riders.

3. Submit a motion to the Municipal Association Victoria (MAV) State Council seeking a review of existing legislation and/or the introduction of new rules that deter the use of illegal mini bike riders.

Moved: Cr Jenny Mulholland Seconded: Cr Craig Langdon

CARRIED

9. General Business 9.1

PASSING OF KEVIN GOULD OAM

Cr Craig Langdon noted the passing of Mr Kevin Gould OAM, one of the founding members of Banyule Housing Support Group.

Cr Langdon mentioned Mr Gould’s contribution to the community and its less fortunate and his role in establishing the Banyule Housing Support Group (BHSG) in 1973 and its success in more recent years including input to a book documenting the 40 year history of BHSG which is being launched on 4 October 2015.

On behalf of Banyule City Council, Cr Langdon and Cr Melican expressed their deepest condolences to Mr Gould’s family.

9.2

WELLNESS WALK 2015 AND IVANHOE STREET PARTY

Councillor Mulholland thanked the organisers of the Wellness Walk and Ivanhoe Street party held on Sunday 4 October in support of the Olivia Newton-John Cancer& Wellness Centre, all Councillors attended the walk.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 19 October 2015

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MINUTES ORDINARY MEETING OF COUNCIL

5 OCTOBER 2015

Councillor Phillips left the Chamber at 10:37 pm.

Councillor Di Pasquale left the Chamber at 10:38 pm.

Councillor Phillips returned to the Chamber at 10:38 pm.

9.3

CELEBRATE SENIORS MORNING TEA

Councillor Mulholland commented on the Celebrate Seniors Morning Tea which was held on Thursday 1 October 2015 in the Great Hall, The Centre Ivanhoe. The event launched the annual Senior Festival Program which runs through the month of October. The Seniors morning tea is a highly anticipated and well attended event.

Councillor Di Pasquale returned to the Chamber at 10:40 pm.

9.4

HEIDELBERG SOCCER CLUB VS MELBOURNE CITY

Councillor Langdon commented on the great game by Heidelberg United playing against Melbourne City in the FFA Quarter-final held Tuesday evening, 29 September 2015. The impressive crowd at Olympic Park, Heidelberg West showcased the fabulous soccer pitch and facilities. Well done to the organisers of the event and to the parks and Gardens staff in the preparation of the ground.

9.5

VALE LAUREL LANGDON

Cr Rick Garotti noted the passing of the Mayor’s mother Laurel Langdon. Councillor Garotti acknowledged the Mayors efforts in carrying out duties of the Office of Mayor through this time. Council extends its sympathy to the Mayor and family.

10. Urgent Business 10.1 STATE GOVERNMENT FUNDING FOR BUNDOORA PRIMARY SCHOOL Resolution (CO2015/347) That Council consider an item of Urgent Business Moved: Cr Jenny Mulholland Seconded: Cr Craig Langdon

CARRIED

Resolution (CO2015/348) That Council acknowledges recent resident concerns regarding State Government funding for Bundoora Primary School and commits to liaise with the State Government and the local State Member of Parliament to understand the situation better and support the local community in its advocacy on this matter.

Moved: Cr Rick Garotti Seconded: Cr Steven Briffa

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CARRIED

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 19 October 2015

MINUTES ORDINARY MEETING OF COUNCIL

5 OCTOBER 2015

Closure of Meeting The Meeting was closed at 10.43pm.

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

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

MAYOR

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 19 October 2015

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