Banyule City Council Minutes 25 July 2016

Ordinary Meeting of Council Council Chambers, Service Centre 275 Upper Heidelberg Road, Ivanhoe 25 July 2016 commencing at 7.45pm

MINUTES

PRESENT ..............................................................................................................................3 APOLOGIES & LEAVE OF ABSENCE .................................................................................3 CONFIRMATION OF MINUTES.............................................................................................3 DISCLOSURE OF INTERESTS .............................................................................................3 REPORTS..............................................................................................................................4 9.1 Battle of The Somme 100 Year Anniversary ...........................................................4 9.2 Banyule takes out top Award at the 2016 Mainstreet Australia Awards ...................4 4.2 Removal of vegetation at Seddon Reserve (103 Green Street, Ivanhoe) P260/2016 ..............................................................................................................5 1. PETITIONS......................................................................................................................9 1.1 Reichelt Avenue and Buena Vista Drive intersection, Montmorency - Request for 'road closure' to be repositioned ........................................................................9 2. PEOPLE – COMMUNITY STRENGTHENING AND SUPPORT ....................................10 2.1 Sporting Reserve User Guide Review...................................................................10 2.2 Age-friendly Victoria Declaration ...........................................................................11 3. PLANET – ENVIRONMENTAL SUSTAINABILITY .......................................................11 Nil 4. PLACE – SUSTAINABLE AMENITY AND BUILT ENVIRONMENT..............................12 4.1 Rosanna Road and Banyule Road, Rosanna - Road Safety Audit ........................12 4.3 Hurstbridge Rail Line Upgrade – Lower Plenty Road Level Crossing Removal - Consultation Update ...........................................................................................13 4.4 Yarra River Protection Discussion Paper ..............................................................14 5. PARTICIPATION – COMMUNITY INVOLVEMENT IN COMMUNITY LIFE ...................15 5.1 Hughes Street and Deirdre Court, Montmorency - Proposed Permanent Road Closure .................................................................................................................15 10.1 VCAT Mediation for Planning Permit P101/2014 for a performing arts centre at Loyola College, 325 Grimshaw Street, Watsonia ..............................................16 5.2 Commemorative naming events............................................................................18

These Minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 8 August 2016

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6. PERFORMANCE - USE OUR RESOURCES WISELY..................................................18 6.1 Adoption of Services Asset Management Plan......................................................18 6.3 Assembly of Councillors........................................................................................19 6.4 Items for Noting ....................................................................................................22 6.2 Reappointment of the Chief Executive Officer.......................................................22 7. SEALING OF DOCUMENTS .........................................................................................23 Nil 8. NOTICES OF MOTION..................................................................................................23 Nil 9. GENERAL BUSINESS ..................................................................................................23 10. URGENT BUSINESS.....................................................................................................23 CLOSURE OF MEETING.....................................................................................................24

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These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 8 August 2016

MINUTES ORDINARY MEETING OF COUNCIL

25 JULY 2016

EXTENSION OF PUBLIC FORUM Resolution That the Public Forum be extended until 8.00pm.

Moved: Cr Rick Garotti Seconded: Cr Steven Briffa

CARRIED

The Meeting opened at 8.00pm.

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

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

Apologies & Leave of Absence Nil

Confirmation of Minutes That the following Minutes be confirmed: Ordinary Meeting of Council held 11 July 2016 Moved: Cr Jenny Mulholland Seconded: Cr Tom Melican

CARRIED

Disclosure of Interests The Chief Executive Officer, Mr Simon McMillan declared a conflict of interest in item 6.2 – Reappointment of the Chief Executive Officer.

PROCEDURAL MOTION Resolution That the Order of Business be amended so that two General Business items and item 4.2 are considered prior to proceeding with the Agenda as listed.

Moved: Cr Jenny Mulholland Seconded: Cr Rick Garotti

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 8 August 2016

CARRIED

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25 JULY 2016

REPORTS 9.1

BATTLE OF THE SOMME 100 YEAR ANNIVERSARY

Cr Craig Langdon acknowledged that 100 years ago this month, the Somme Offensive commenced and continued until November 1916. By the conclusion of the Offensive, British and Commonwealth Forces suffered around 420,000 casualties, the French about 200,000 and the German numbers are disputed but may be 465,000 plus.

Unfortunately fallen soldiers and armaments are still being discovered today. It is estimated only 60-70% of the armaments were effective and are still dangerous.

Banyule Council formally acknowledges this battle and the tragic loss of life suffered.

9.2

BANYULE TAKES OUT TOP AWARD AT THE 2016 MAINSTREET AUSTRALIA AWARDS

Cr Jenny Mulholland advised that on Wednesday 20 July 2016, the Mayor, Cr Tom Melican and herself attended the 2016 Mainstreet Australia Awards.

The Awards were held to celebrate and recognise the people, projects and organisations that contribute to the success and vibrancy of main streets across Australia.

Banyule Council won the Local Government category for its role as a leader and innovator in approaching the marketing and management of main streets for over 20 years.

The Heidelberg Central Traders were also successful in the Mainstreet Australia ‘Association of the Year’ category. Furthermore, the centre coordinator for East Ivanhoe Shopping Centre, Penny Jamieson, won the Mainstreet Manager/Centre Co-ordinator category.

Other Banyule related nominations recognised on the night included the Heidelberg Toilets Upgrade (annual funding between $100-200K category) and The Safer Mall Project (Main Street Partnerships category).

Well done and congratulations to all those associated with Banyule’s recognition at the Awards and especially to Council’s Economic Development Team led by Joseph, Erica, and Nicole. Council has a small but very dedicated Economic Development Team who do terrific work to promote our main streets with the support of Council which makes us the envy of Council and Traders Associations everywhere.

PRESENTATION The Manager Property & Economic Development, Joseph Tabacco, then presented the certificate and trophy to the Mayor in relation to the Mainstreet Award won by Banyule.

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These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 8 August 2016

MINUTES ORDINARY MEETING OF COUNCIL

4.2

25 JULY 2016

REMOVAL OF VEGETATION AT SEDDON RESERVE (103 GREEN STREET, IVANHOE) - P260/2016

Mr Roger Fyfe, Ms Christine Dessent, Mrs Stella Kassimiotis and Ms Sara Hearn spoke to the item.

EXECUTIVE SUMMARY The application seeks approval to remove a total of 18 trees to facilitate the development of two netball courts at Seddon Reserve (103 Green Street, Ivanhoe).

Council is the land owner and permit applicant. The application has undergone public notification and five objections have been received. 27 letters of support with respect to construction of the netball courts have also been received. The application will allow for the construction of two netball courts in the south-eastern corner of the Reserve. It is considered that the application should be approved subject to appropriate replacement planting.

Resolution (CO2016/245) PART A That Council having complied with Section 52, 58, 60, 61 and 62 of the Planning and Environment Act 1987, resolves to issue a Notice of Decision to Grant a Planning Permit in respect of Application No. P260/2016 for the removal of 18 trees at 103 Green Street IVANHOE subject to the following conditions: Plans 1.

2.

The tree removal approved by this permit must not be commenced until a landscape plan is prepared by a suitably qualified landscape designer or landscape architect (three copies at a minimum size of A3) and is submitted to, and endorsed by the Responsible Authority. The landscape plan must show the following: (a)

The provision of at least ten large canopy trees and ten small trees or tall shrubs canopy trees selected from the EVC 55 Plains Grassy Woodland– PGWOvp River Red Gum (volcanic plain) vegetation class in the south-western section of the Reserve. At least three trees are to be located to the south of the proposed netball courts and three to their east;

(b)

The plant type, numbers, and species of trees, shrubs and ground covers to planted;

(c)

The pot-size of the specimens to be planted; and

(d)

All site features (including trees, vegetation, buildings, and other structures) to be retained or proposed.

(e)

The location of tree preservation fencing and other protection measures to be installed around trees to be retained in the vicinity of the proposed works; and

(f)

The location of tree preservation fencing and other protection measures required to protect and maintain trees beyond the development area but in the vicinity of construction access.

The tree removal approved by this permit must not be commenced until a site works plan, detailing in relation to the proposed tree removal and works associated with the construction of netball courts within the reserve has been submitted to and endorsed by the Responsible Authority. The Plan is to detail: (a)

The size of machinery to be utilised in both construction and the delivery of materials to and from the site;

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 8 August 2016

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(b)

The means of access of that machinery to the netball court location, whether regular access is to be required, or machinery is to be stored onsite during construction;

(c)

Details of any surfacing treatment required to provide access by that machinery;

(d)

The location and details of any proposed stockpile of materials, including fill to be removed from the site;

(e)

Arboricultural advice in relation to the necessary tree protection measures to be installed around trees in the vicinity of the proposed access path.

General 3.

The development as shown on the endorsed plans or described in the endorsed documents must not be altered or modified except with the written consent of the Responsible Authority.

4.

Unless otherwise agreed in writing by the Responsible Authority the replacement planting indicated on the endorsed plans must be provided within 12 months of the date of commencement of the tree removal authorised by this permit.

Tree Protection / Landscaping 5.

6.

Except with the further written consent of the Responsible Authority, no vegetation (other than that indicated on the endorsed plan, or exempt from planning permission under the provisions of the Banyule Planning Scheme) shall be damaged, removed, destroyed or lopped.

Unless otherwise agreed in writing by the Responsible Authority, prior to the commencement of works on the site Tree Preservation Zones and associated fencing must be established around Trees 1-4, 9, 16, 33-37, 39-41 and around any trees identified in the Works Plan required by Condition 2. At least 7 days prior to the commencement of works you must contact Council’s Development Planning Unit on 9457 9808 so that an inspection of the Tree Preservation Fencing can be carried out.

Once installed and inspected the Tree Preservation Zones must be maintained until the conclusion of works to the satisfaction of the Responsible Authority, and must meet the following requirements: (a) Extent Tree Preservation Zones are to be provided to the extent of the calculated Tree Protection Zone (TPZ) where it occurs within the subject property. The fencing can be realigned and suitable ground protection provided to allow the approved construction therein only to the satisfaction of the project arborist and only when approved by the Responsible Authority. (b) Management of works (i)

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A suitably qualified arborist must supervise or undertake all approved activity within the calculated TPZ of a retained tree. Any root severance within the TPZ must be undertaken to their satisfaction using a clean sharp and sterilised pruning saw. There must be no root pruning within the SRZ unless consent is received in writing by the Responsible Authority, and there must be no root pruning within the TPZ for works other than those endorsed by the Responsible Authority.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 8 August 2016

MINUTES ORDINARY MEETING OF COUNCIL

(ii)

25 JULY 2016

All and any excavations within the TPZ of retained trees must be undertaken by hand or by approved non-destructive techniques suitable in the vicinity of trees, and must only be undertaken by, or directed and supervised by, a suitably qualified arborist for endorsed works or for works subsequently approved by the Responsible Authority.

(c) Fencing (i)

Protective fencing must consist of chain wire mesh panels held in place with concrete feet. Fencing must comply with Australian Standard AS 46872007 Temporary fencing and hoardings.

(ii)

The fences must not be removed or relocated without the prior consent of the Responsible Authority.

(iii)

Canopy and Limb protection must be provided in accordance with the guidelines detailed in AS4970-2009 Protection of Trees on Development Sites.

(d) Signage Fixed signs are to be provided on all visible sides of the Tree Preservation Fencing, stating “Tree Preservation Zone – No entry without permission from the City of Banyule”. (e)

(f)

Irrigation The area must be irrigated during the summer months with 10 litres of clean water for every 1 cm of trunk girth measured at the soil / trunk interface on a monthly basis during summer (or a percentage thereof equivalent to the percentage of TPZ area occurring within the subject site).

Access to Tree Preservation Zone (i) (ii)

(iii) (iv) (g)

No persons, vehicles or machinery are to enter the Vegetation Protection Zone except with the consent of the Responsible Authority; No fuel, oil dumps or chemicals are allowed to be used or stored within the Vegetation Preservation Zone and the servicing and re-fuelling of equipment and vehicles must be carried out away from the root zones; No storage of material, equipment or temporary building is to take place within the Vegetation Preservation Zone; Nothing whatsoever, including temporary services wires, nails, screws or any other fixing device, is to be attached to any tree.

Underground services Any underground service installations transecting a Tree Protection Zone of any retained tree must be bored beneath the entire TPZ to a depth of at least 600mm.

Any excavation within the calculated TPZ of a retained tree required for the connection of services must be: (i) Undertaken after written approval is received from the Responsible Authority; and, (ii) Undertaken by hand or by approved non-destructive techniques suitable in the vicinity of trees under the supervision of the project arborist.

NOTE: Requests for consent of the Responsible Authority (City of Banyule) pursuant to this Condition should be directed to Council’s Arborist – Development Planning on 9457 9808. Consent for the conduct of further works within a Tree Protection Zone, where granted, may be subject to conditions. Such conditions may include a requirement that:

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 8 August 2016

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MINUTES ORDINARY MEETING OF COUNCIL

6.

25 JULY 2016

•

Any further works that are approved are to be supervised by the project arborist, and a written component may be required also;

•

All root excavation be carried out by hand digging or with the use of ‘AirExcavation’ techniques;

•

Canopy and Limb protection is provided in accordance with the guidelines detailed in AS4970-2009 Protection of Trees on Development Sites.

Or other conditions, as relevant, to ensure the ongoing health and stability of the subject tree/s.

Unless otherwise agreed in writing by the Responsible Authority, the landscaping areas shown on the endorsed plans must be used for landscaping and no other purpose and any landscaping must be maintained to the satisfaction of the Responsible Authority, including that any dead, diseased or damaged plants are to be replaced.

Time limit 7.

In accordance with section 68 of the Planning and Environment Act 1987, this permit will expire if one of the following circumstances applies: • •

The works are not commenced within twelve months of the date of this permit; The works are not completed within two years of the date of this permit.

In accordance with section 69 of the Planning and Environment Act 1987, the Responsible Authority may extend the periods referred to if a request is made in writing: (a)

Before the permit expires, or

(b)

Within six months afterwards, or

(c)

Within 12 months afterwards if the development started lawfully before the permit expired.

Notes Expiry of Permit In the event that this permit expires or the subject land is proposed to be used or developed for purposes different from those for which this permit is granted, there is no guarantee that a new permit will be granted. If a permit is granted then the permit conditions may vary from those included on this permit having regard to changes that might occur to circumstances, planning scheme provisions or policy.

Ongoing restrictions Tree Protection Zones Requests for the consent or approval of tree protection measures pursuant to Condition 6 should be directed to Council’s Arborist – Development Planning on 9457 9808. Consent for the conduct of works within the Tree Protection Zone, where granted, may be subject to conditions.

Action on/for completion Supervision of works undertaken on Council Assets Council’s Construction Department must supervise all works undertaken on Council assets within private property, Council Reserves, easements, drainage reserves and/or road reserves, including connection of the internal drainage system to the existing Council assets.

Prior to the commencement of any works, an application must be made and a permit received for: •

A “Memorandum of Consent for Works” for any works within the road reserve; and/or

•

A “Drainage Connection Permit” for any works other than within a road reserve.

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These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 8 August 2016

MINUTES ORDINARY MEETING OF COUNCIL

25 JULY 2016

PART B Council work with the West Ivanhoe sporting club and Heidelberg Stars Football Club to hold an annual Community Planting Day at Seddon and Cartledge Reserves Ivanhoe.

Moved: Cr Jenny Mulholland Seconded: Cr Craig Langdon

CARRIED

1. PETITIONS 1.1

REICHELT AVENUE AND BUENA VISTA DRIVE INTERSECTION, MONTMORENCY - REQUEST FOR 'ROAD CLOSURE' TO BE REPOSITIONED

Dr Trevor Hay spoke to the item.

EXECUTIVE SUMMARY A petition with five (5) signatures has been received from the residents of Reichelt Avenue, Montmorency, requesting the repositioning of the bollards and chain on the west side of the intersection of Reichelt Avenue and Buena Vista Drive, to south of Buena Vista Drive.

The petition prayer is as follows: “We, the undersigned, petition or request Council to to [sic] replace the two barriers on the west side of the section of Reichelt Avenue-Buena Vista intersection with one barrier at the bottom of Buena Vista Drive, leaving the present barrier on the east side of this section of Reichelt Avenue.”

The following reasons for support of their petition were offered: • • • •

Several incidents occurring, with emergency vehicles taking the wrong way to Reichelt Avenue, only to be stranded wrong side of the barriers and causing delay in lifethreatening situations.

No changes to the through traffic arrangement is requested, but rather access to five (5) additional properties requested from the west section of Reichelt Avenue.

If road closure is repositioned, potential minor reduction in traffic driving through Buena Vista Drive and Mitchell Avenue, adjacent to the school and pre-school.

The previous consultation process was flawed as surveying more than one hundred properties regarding traffic flow in Montmorency was bound to cause unnecessary concerns and confusion.

The reasons given above are generally accepted and it is considered appropriate to undertake a community consultation with the view of initiating a 3-month trial of repositioning the bollards and chain to the southern end of Buena Vista Drive. The trial would enable properties between 34 to 38 Reichelt Avenue to access their properties from the west section of Reichelt Avenue. No changes are proposed for the road closure on the east side of the intersection.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 8 August 2016

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Resolution (CO2016/246) That Council: Receives and notes the petition.

1.

Consults with Emergency Services Victoria and property owners whose access may be affected, in relation to a 3 month trial of repositioning the bollards and chain from the west side of intersection of Reichelt Avenue and Buena Vista Drive, Montmorency, to the southern end of Buena Vista Drive.

2.

Initiates the process under the Local Government Act to conduct a 3 month trial of repositioning the bollards and chain from west of the intersection of Reichelt Avenue and Buena Vista Drive, Montmorency, to the southern end of Buena Vista Drive, if majority support is gained from Item 2 above.

3.

Notifies the primary petitioner and owners and occupiers of affected properties in the western section of Reichelt Avenue, between Buena Vista Drive and Grand Boulevard, Montmorency, of the above resolution.

4.

Receives a report in relation to the outcome of a 3 month trial in Reichelt Avenue, Montmorency should it proceed and whether or not to retain it permanently.

Moved: Cr Steven Briffa Seconded: Cr Mark Di Pasquale

CARRIED

2. PEOPLE – COMMUNITY STRENGTHENING AND SUPPORT 2.1

SPORTING RESERVE USER GUIDE REVIEW

EXECUTIVE SUMMARY Council has recently reviewed The Sporting Reserves User Guide (SRUG) which establishes the general terms and conditions that seasonal sporting clubs must abide by and also provides the basis for allocating sporting facilities to clubs on a seasonal basis.

The SRUG includes two key documents: • Sporting Reserve Allocation Policy which provides the basis for allocating sporting facilities to clubs • Sporting Reserve Terms and Conditions of Use which established the roles and responsibilities required of both tenant clubs and Council These documents were last reviewed and adopted by Council in 2011. The current review process included benchmarking with similar municipalities, club surveys, internal and external workshops and conversations with club representatives.

The feedback indicates the overall document is sound. Minor changes have been proposed including the length of agreement, changes to the demerit points program, maintenance of sports field lighting, fencing of grounds to host promotional games and competition finals.

The revised documents are now ready for the final consultation phase and this report recommends that Council release the draft documents for the purpose of community consultation between 26 July and 19 August 2016.

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These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 8 August 2016

MINUTES ORDINARY MEETING OF COUNCIL

25 JULY 2016

Resolution (CO2016/247) That Council: 1.

Advertise the draft Sporting Reserve User Guide (Attachments 1 and 2) for the purpose of community consultation 26 July – 19 August 2016.

2.

A further report following the community consultation period will be presented.

Moved: Cr Rick Garotti Seconded: Cr Steven Briffa

2.2

CARRIED

AGE-FRIENDLY VICTORIA DECLARATION

EXECUTIVE SUMMARY On 14 April 2016, the Victorian Government and the Municipal Association of Victoria signed the Age-friendly Victoria Declaration. The Declaration provides a commitment to working together on creating age-friendly communities.

The Age-friendly Banyule Advisory Committee recommends that Council become a signatory to the Declaration.

Cr Steven Briffa left the Chamber at 8.57pm.

Resolution (CO2016/248) That Banyule City Council become a signatory of the Age-friendly Victoria Declaration.

Moved: Cr Jenny Mulholland Seconded: Cr Craig Langdon

CARRIED

3. PLANET – ENVIRONMENTAL SUSTAINABILITY Nil

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 8 August 2016

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25 JULY 2016

4. PLACE – SUSTAINABLE AMENITY AND BUILT ENVIRONMENT 4.1

ROSANNA ROAD AND BANYULE ROAD, ROSANNA - ROAD SAFETY AUDIT

Mr Dennis O’Connell, Ms Natasha Reifschneider and Mr Kevin Biaggini spoke to the item.

EXECUTIVE SUMMARY Concerns have been received in relation to pedestrian and traffic safety at the signalised intersection of Rosanna Road and Banyule Road, Rosanna, particularly during the morning and afternoon school peak periods. A recent pedestrian count conducted at the intersection confirms that it meets the warrants for a school crossing supervisor and the associated State Government subsidy.

Council commissioned an independent Road Safety Audit of the intersection of Rosanna Road and Banyule Road, which identified a number of issues that need to be addressed by VicRoads as the responsible Road Authority under the Road Management Act. Given the safety concerns at this intersection, it is proposed that the site be supervised as soon as a crossing supervisor is available and that VicRoads be requested to address the safety concerns identified at the intersection.

Resolution (CO2016/249) That Council: 1.

Continues to pursue a 50% funding arrangement with VicRoads for the provision of a school crossing supervisor at the intersection of Rosanna Road and Banyule Road, Rosanna;

2.

Employs a school crossing supervisor for the signalised intersection of Rosanna Road and Banyule Road, Rosanna, as soon as a crossing supervisor is available, because the site now meets the relevant warrants for a school crossing supervisor and there are safety findings and recommendations coming out of the Road Safety Audit of the site;

3.

Until such time as a funding arrangement with VicRoads be reached, fully fund the cost of the school crossing supervisor of up to $16,000 for the 2016/17 financial year at the intersection of Rosanna Road and Banyule Road, Rosanna;

4.

Includes the intersection of Rosanna Road and Banyule Road, Rosanna, as part of the application to VicRoads for the 2017/18 school crossing supervisor subsidy; and

5.

Requests action from VicRoads to address the findings and recommendations of the Road Safety Audit at the intersection of Rosanna Road and Banyule Road, Rosanna.

6.

Write to the Department of Justice and VicRoads to install red light cameras at Lower Plenty Road and Rosanna Road and Lower Plenty Road and Greensborough Road, Banyule Road & Rosanna Road, Darebin Street/Rosanna Road Intersection

7.

Write to VicRoads to install 40 km/h speed limit signs along Rosanna Road from Darebin Street to Banksia St, Heidelberg

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These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 8 August 2016

MINUTES ORDINARY MEETING OF COUNCIL

25 JULY 2016

8.

Write to the Minister for Transport, all local Members of Parliament and VicRoads requesting a school crossing supervisor be funded at the intersection of Rosanna Road and Banyule Road noting that a response has not yet been received to date.

9.

That Council write to VicRoads and other relevant authorities seeking to develop a coordinated approach to emergency traffic management along Rosanna Road when incidents occur in the future, with the use of local roads as traffic detours or diversions being minimised.

Cr Mark Di Pasquale left the Chamber at 9.10pm, and returned at 9.12pm.

Moved: Cr Jenny Mulholland Seconded: Cr Tom Melican

4.3

CARRIED

HURSTBRIDGE RAIL LINE UPGRADE – LOWER PLENTY ROAD LEVEL CROSSING REMOVAL - CONSULTATION UPDATE

Councillor Steven Briffa returned to the Chamber at 9.18pm.

Mr Dennis O’Connell and Mr Keven Biaggini spoke to the item.

EXECUTIVE SUMMARY The Level Crossing Removal Authority (LXRA) is removing 50 level crossings across Melbourne. The level crossing at Lower Plenty Road, Rosanna is part of the program and is scheduled to be removed by 2019. Additionally, the State Government has announced a $140m upgrade of the Hurstbridge rail line, including a 1.2km duplication of the single section of railway between Heidelberg and Rosanna. Both projects will be developed and delivered together. The projects will result in additional services on the Hurstbridge rail line to cater for growth in Melbourne’s north east. Power upgrades and a new bus route between Greensborough and Diamond Creek are also planned.

The LXRA has already commenced extensive community consultation on the planning and delivery of the projects via a number of channels including pop-up booths at local shopping strips and the local railway stations. A Hurstbridge Rail Line Upgrade information brochure was mailed to approximately 62,000 properties along the length of the Hurstbridge line.

Additionally, an invitation to the community drop-in sessions was included in the mail out to 5,800 properties in Rosanna and Heidelberg. Community drop-in sessions were held in Rosanna on Thursday, 21 July and Saturday, 23 July 2016.

At the 27 June 2016 Council Meeting, Council resolved, in part, to write to all local residents within several hundred metres of the railway line seeking comment on the proposed projects.

The cost of this mail out is approximately $9,000 and would allow Council to advocate on issues of concern from the community.

Opportunities also exist to work in partnership with the LXRA as a central contact hub, with Council providing supporting information and contact points as necessary. There will be opportunities over the next year to distribute information through The Banner, Council’s social media platforms, and an online consultation hub hosted by Council’s website.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 8 August 2016

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25 JULY 2016

Resolution (CO2016/250) That Council: a.

Write to local residents giving them a further opportunity to provide comment and feedback to Council on the proposed Lower Plenty Road level crossing removal and duplication details of the Hurstbridge rail line between Heidelberg and Rosanna so that Council can advocate on the issues raised by the community.

b.

Explore opportunities to work in partnership with the Level Crossing Removal Authority (LXRA) as a central contact hub, with Council providing supporting information and contact points as necessary.

c.

Distribute information relating to the Hurstbridge rail line upgrade and level crossing removal project through The Banner, Council’s social media platforms, and an online consultation hub hosted by Council’s website. work with the LXRA to clearly spell out that the duplication includes a tunnel from Heidelberg to Rosanna.

d.

Moved: Cr Jenny Mulholland Seconded: Cr Tom Melican

4.4

CARRIED

YARRA RIVER PROTECTION DISCUSSION PAPER

Mr Dennis O’Connell spoke to the item.

EXECUTIVE SUMMARY The Yarra River Protection Ministerial Advisory Committee has released its discussion paper and is seeking feedback from the community on the key issues and opportunities for the river. Importantly, the Discussion Paper proposes a new management model to protect the Yarra River. It will include a unified, community-led vision for the Yarra, the development of a Strategic Plan and new legislation. This is a significant step towards a sustainable, connected and healthy Yarra.

A submission has been made to support the Discussion Paper and the continuing work of the Yarra River Ministerial Advisory Committee in carrying out the necessary governance and management reforms.

Resolution (CO2016/251) That Council: 1.

Endorse the Submission to the Yarra River Ministerial Advisory Committee to be submitted on 5 August 2016.

2.

Continue working collaboratively with the State Government to further Yarra River protection reforms.

3.

Note that there will be further briefings on the proposed change to the Banyule Planning Scheme.

Moved: Cr Tom Melican Seconded: Cr Jenny Mulholland

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CARRIED

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 8 August 2016

MINUTES ORDINARY MEETING OF COUNCIL

25 JULY 2016

5. PARTICIPATION – COMMUNITY INVOLVEMENT IN COMMUNITY LIFE 5.1

HUGHES STREET AND DEIRDRE COURT, MONTMORENCY - PROPOSED PERMANENT ROAD CLOSURE

Ms Mandie Butters and Ms Edelene Loke spoke to the item.

EXECUTIVE SUMMARY Council resolved at its meeting on 3 August 2015 to initiate a three month trial by temporarily closing Hughes Street, Montmorency, to address through traffic, hooning behaviour and dust concerns in the area. The trial period has now concluded.

The views of residents were gauged through a community survey. The survey results indicate that a majority of property owners and occupiers within Hughes Street and Deirdre Court support the permanent closure of part of the road.

Accordingly it is proposed to initiate the process under the Local Government Act to permanently close part of Hughes Street, Montmorency.

Cr Jenny Mulholland left the Chamber at 9.48pm, and returned at 9.15pm.

Resolution (CO2016/252) That Council: 1.

Initiates the process under the Local Government Act to permanently close Hughes Street, Montmorency, south of Deirdre Court.

2.

Place advertisements in the local Leader Newspaper advising of the proposal to close Hughes Street, Montmorency, south of Deirdre Court, seeking any submissions under Schedule 11, Clause 10(1)(c) and Section 223 of the Local Government Act.

3.

Write to VicRoads seeking a report to permanently close Hughes Street, Montmorency, south of Deirdre Court under Schedule 11, Clause 10(1)(c) of the Local Government Act.

4.

Write to Victoria Police, Metropolitan Ambulance Services and Metropolitan Fire Brigade to request consent for the permanent closure.

5.

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

6.

a. b.

7.

Receive a further report summarising submissions to make a decision on the permanent closure of Hughes Street, Montmorency, south of Deirdre Court. such report to include different design options available for Council’s consideration

Extend the period of the trial closure of Hughes Street, Montmorency, until such time as a decision is made on whether to close the road permanently, and notify the relevant authorities and agencies accordingly.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 8 August 2016

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MINUTES ORDINARY MEETING OF COUNCIL

8.

25 JULY 2016

Relocate the existing road closure infrastructure a further 10 metres south of Deirdre Court.

Moved: Cr Wayne Phillips Seconded: Cr Steven Briffa

CARRIED

PROCEDURAL MOTION Resolution That the order of business be amended to consider a matter of Urgent Business.

Moved: Cr Rick Garotti Seconded: Cr Craig Langdon

CARRIED

10.1 VCAT MEDIATION FOR PLANNING PERMIT P101/2014 FOR A PERFORMING ARTS CENTRE AT LOYOLA COLLEGE, 325 GRIMSHAW STREET, WATSONIA Cr Wayne Phillips left the Chamber at 9.57pm.

Resolution That Council consider an item of Urgent Business regarding the VCAT Mediation for Planning Permit P101/2014, for a performing arts centre at Loyola College, 325 Grimshaw Street, Watsonia.

Moved: Cr Rick Garotti Seconded: Cr Craig Langdon

CARRIED

Resolution (CO2016/253) That Council: 1.

Confirm its acceptance of the mediated outcome at the Victorian Civil and Administrative Tribunal in relation to Planning Permit P101/2014 for a performing arts centre at Loyola College, 325 Grimshaw Street, Watsonia which includes newly worded conditions as follows: a.

b.

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Condition 11- replaced with i.

"Any speakers installed as part of the Performing Arts Centre for any school public address system may only be used between 8am and 6pm."

Condition 13 – replaced with: i.

"Except with the prior written consent of the Responsible Authority, the Performing Arts Centre auditorium may only be used for events: ii. on weekdays: 1. during the hours of 8.00am to 4.00pm; and 2. from 4.00pm until 11.00pm up to three evenings per week, with a 10.00pm finish time limit, 10.30 pm patron/audience departure time limit and 11.00pm building closure time limit.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 8 August 2016

MINUTES ORDINARY MEETING OF COUNCIL

25 JULY 2016

iii.

on Saturdays – 8.30am -12.00am up to two days a month, with a 11.00pm finish time limit, 11.30pm patron/audience departure time, and 12.00am building closure time limit. iv. on Sundays – 9.00am to 10.00pm up to two days a month, with a 9.00pm finish time limit 9.30pm patron/audience departure time limit and 10.00pm building closure time limit." c. Condition 14 – replaced with: i.

"Unless otherwise approved by the Responsible Authority, after 6.30pm the Performing Arts Centre and the School Hall; ii. cannot be used at the same time for separate and unconnected events; and iii. when used at the same time may not be used by more than 1300 patrons in total ." d. Condition 15 – replaced with: i.

"The total number of seats available for patrons within the Performing Arts Centre auditorium must not exceed 500 except with the written consent of the Responsible Authority." e. New conditions: i.

On every occasion that the Performing Arts Centre auditorium is to be used for an event not connected with the school use, the vehicular and pedestrian gates in Bungay Street must be closed one hour before the commencement of the event until 6.00am the following day. At such times, these entrances may only be used for the purposes of staff leaving the premises or for deliveries of goods or equipment for the auditorium use. ii.

The entrance/exit to the school from Bungay Street marked as Gate No. 3 (being the gate closest to the Performing Arts Centre) must be closed from 6.00pm to 6.00am daily. f.

Condition 21(d) amended to read: 21

Prior to the commencement of the use of the Performing Arts Centre, a Patron Management Plan must be prepared and submitted to the Responsible Authority for approval which must provide for the following to the satisfaction of the Responsible Authority: (d) The nomination of a person responsible for the Bungay Street gate control, behaviour of patrons and users and a telephone number for the said responsible person (‘the Hotline’) which must be available on a 24 hour basis every day of the week and must be provided to residents and the Responsible Authority.

2.

Advise the Victorian Civil and Administrative Tribunal and all parties of Council’s decision.

3.

Recognise the time and effort put in to this matter by all parties and thank all for their contribution.

Moved: Cr Rick Garotti Seconded: Cr Mark Di Pasquale

CARRIED

Cr Rick Garotti left the Chamber at 10.00pm.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 8 August 2016

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MINUTES ORDINARY MEETING OF COUNCIL

5.2

25 JULY 2016

COMMEMORATIVE NAMING EVENTS

EXECUTIVE SUMMARY On the 9 May 2016, Council resolved that officers investigate the possible delivery of a dedication event for the proposed naming of Margaret Heathorn (OAM) Park in Ivanhoe. On 14 June 2016, a separate Notice of Motion sought that officers investigate the delivery of a suitable dedication event for the proposed Vin Heffernan (OAM) Park and nearby streets in Heidelberg Heights.

Having now secured in principle agreement from the Office of Geographic Names for the naming proposals, this report seeks to confirm the recommended budget and arrangements to deliver the two separate dedication events.

Cr Wayne Phillips returned to the Chamber at 10.01pm.

Resolution (CO2016/254) That Council: 1.

Facilitate two naming dedication events associated with new public open space and new street names in Ivanhoe and Heidelberg Heights.

2.

Invite the families of those being dedicated and others who have expressed interest or have engaged with Council during the community consultation phase, as well as nearby neighbouring residents.

3.

Allocate $2,000 from its 2016/17 budget for these two events.

Moved: Cr Jenny Mulholland Seconded: Cr Craig Langdon

CARRIED

6. PERFORMANCE - USE OUR RESOURCES WISELY 6.1

ADOPTION OF SERVICES ASSET MANAGEMENT PLAN

EXECUTIVE SUMMARY Council is responsible for the provision of a broad range of community-focussed services. A number of these require infrastructure to facilitate service delivery (e.g. buildings, parks and open space facilities, roads, footpaths, bridges and drains).

A National Assessment Framework for Local Government Asset Management and Financial Planning (NAF) has been developed to evaluate progress with implementation of the Local Government Financial Sustainability Nationally Consistent Frameworks (LGPMC Financial Sustainability Frameworks) initiated by the Local Government and Planning Ministers’ Council (LGPMC) and adopted in 2007.

The Sustainability Frameworks provide nationally consistent elements for local government to manage its community infrastructure more sustainably through effective asset management and financial planning.

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These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 8 August 2016

MINUTES ORDINARY MEETING OF COUNCIL

25 JULY 2016

Through the LGPMC, the State and Territory Governments have agreed to facilitate implementation of the LGPMC Financial Sustainability Frameworks across the nation.

Adoption of Council’s Services Asset Management Plans (SAMP) will provide the means by which Council can demonstrate that it has in place the management vehicle by which its performance can be measured by utilisation of a uniform management plan structure and format.

Resolution (CO2016/255) That: 1.

Council adopt the Service Asset Management Plan;

2.

An annual report on the status of the Asset Management Plan be presented to Council.

Moved: Cr Jenny Mulholland Seconded: Cr Tom Melican

CARRIED

PROCEDURAL MOTION Resolution That 6.3 and 6.4 be considered prior to 6.2.

Moved: Cr Jenny Mulholland Seconded: Cr Craig Langdon

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:

27 June 2016

Type of Meeting:

Multicultural Advisory Committee

Matters Considered:

1. Representation on VMC Regional Advisory Council

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 8 August 2016

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MINUTES ORDINARY MEETING OF COUNCIL

Conflict of Interest:

2. Northland Faith room 3. Preparation for the Census 4. Multicultural Arts Projects for 2016-17 5. Fact Sheets in Other Languages on Website 6. Multicultural Plan 2016-17 7. Emerging Advocacy Issues/ Other Business Steven Briffa Mark Di Pasquale Craig Langdon Tom Melican Allison Beckwith – Director Community Programs Theonie Tacticos – Coordinator Community and Social Planning India Mortlock – Community & Social Planner Caitlin Armstrong – Arts Officer Rosemary Crosthwaite, George Giuliani, Albert Fatileh, Uma Vijay, Ryoko Williams, Hussein Haraco, Maxine Matthews and Gillian Hirst Nil

Date of Assembly:

4 July 2016

Type of Meeting:

Councillor Briefing

Matters Considered:

1.

Councillors Present:

Staff Present:

Others Present: Committee Members

2

Councillors Present:

Staff Present:

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25 JULY 2016

Kalparrin Gardens/Ford Park Reserve Draft Masterplan 2. Olympic Park Masterplan 3. Heidelberg Central Streetscape Concept Plan 4. Transport focus Group 5. Public Open Space Plan 6. Asset Management Plan 7. Community Satisfaction Survey Steven Briffa Mark Di Pasquale Rick Garotti Craig Langdon Tom Melican Jenny Mulholland Simon McMillan – Chief Executive Officer Scott Walker – Director City Development James Kelly – Manager Assets & Infrastructure Peter Benazic – Manager Parks & Gardens Lisa Raywood – Manager Health & Aged Services Darren Bennett – Manager Leisure, Recreation & Culture Services Jeff Parkes – Open Space Planning Co-Ordinator Susan Hecker – Open Space Officer Brett Jose – Open Space Planning Project Officer Lucia Brennan – Recreation Planner Joseph Tabacco – Manager Property & Economic

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 8 August 2016

MINUTES ORDINARY MEETING OF COUNCIL

25 JULY 2016

Development Daniel Kollmorgen – Manager Transport, Sustainability and Municipal Laws Bailey Burns – Transport Planning Team Leader David Bailey – Engineering Services Coordinator

3

Others Present:

Kylie Jordan – Hansen Partnership

Conflict of Interest:

Nil

Date of Assembly:

11 July 2016

Type of Meeting:

Councillor Briefing

Matters Considered:

2.1 Child, Youth and Family Plan 2.2 Draft Banyule Tennis Strategy 3.1 Public Open Space Plan 3.2 Greening Banyule 3.3 Appointment of Banyule Environment Advisory Committee (BEAC) 2016 4.1 North East Link - Quarterly Update 4.2 Construction of four dwellings at 14 & 14A Hodgson Street, Heidelberg P89/2015 4.3 Olympic Park Draft Master Plan 4.4 Somers Avenue, Macleod - Review of Paid Parking 4.5 Managing Construction Activity associated with Large Development Sites 4.6 Kalparrin Gardens Master Plan 4.7 Ford Park Master Plan 4.8 Transport Advocacy 6.1 Items for Noting 6.2 Rating Strategy 2016/2017 6.3 Assembly of Councillors 7.1 Sealing of Documents 8.1 The importance of Darebin Creek for the LaTrobe national Employment Cluster 8.2 Bill Posting in Activity Centres Mark Di Pasquale Rick Garotti Craig Langdon Tom Melican Jenny Mulholland Wayne Phillips Simon McMillan – Chief Executive Officer Scott Walker – Director City Development Marc Giglio – Director Corporate Services Gina Burden – Manager Governance & Communication Emily Outlaw – Council Governance Liaison Officer James Kelly – Manager Assets & Infrastructure Peter Benazic – Manager Parks & Gardens Jeff Parkes – Open Space Planning Co-Ordinator Lisa Raywood – Manager Health & Aged Services Daniel Kollmorgen – Manager Transport, Sustainability

Councillors Present:

Staff Present:

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 8 August 2016

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25 JULY 2016

Others Present:

and Municipal Laws Darren Bennett – Manager Leisure, Recreation & Culture Services Nil

Conflict of Interest:

Nil

Resolution (CO2016/256) That the Assembly of Councillors report be received.

Moved: Cr Jenny Mulholland Seconded: Cr Tom Melican

6.4

CARRIED

ITEMS FOR NOTING

Resolution (CO2016/257) That Council note the following minutes/reports: 1.

Municipal Association of Victoria - Achievements for 2015-16.

2.

The response from the Hon. Bruce Atkinson MLC to the Mayor’s letter regarding safety on Rosanna Road consistent with Council’s resolution of 14 June 2016.

Moved: Cr Jenny Mulholland Seconded: Cr Tom Melican

CARRIED

Disclosure of Interest The Chief Executive Officer, Mr Simon McMillan, declared a conflict of interest in item 6.2, being the reappointment of the Chief Executive Officer, and left the Chamber at 10.06pm.

6.2

REAPPOINTMENT OF THE CHIEF EXECUTIVE OFFICER

EXECUTIVE SUMMARY The Banyule CEO Employment Matters Committee, comprising all Councillors and an independent Chair, met and requested that the statutory process commence to reappoint the existing Chief Executive Officer (CEO). Council resolved to commence this process at its meeting on the 14 June 2016 as required by the Local Government Act 1989 which included a public notification process.

The required public notices were placed in the 21 and 22 June 2016 editions of the Heidelberg and Diamond Valley Newspapers. A public notice was also published on Council’s website on the 21 June 2016.

The purpose of this report is to confirm Council’s intention to reappoint Simon McMillan to the position of Chief Executive Officer (CEO) of Banyule City Council when his current contract of employment expires on 14 December 2016.

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These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 8 August 2016

MINUTES ORDINARY MEETING OF COUNCIL

25 JULY 2016

Cr Rick Garotti returned to the Chamber at 10.12pm.

Resolution (CO2016/258) That: 1.

In accordance with the public notice published on Council’s website and in the Heidelberg Leader Newspaper on 21 June 2016, and the Diamond Valley Leader Newspaper on 22 June 2016, and in pursuant to section 94(4) of the Local Government Act 1989, Council reappoints Simon McMillan as Council’s Chief Executive Officer for a period of five (5) years in accordance with the contract of employment effective from 15 December 2016.

2.

The common seal be affixed to the contract of employment due to commence from 15 December 2016.

Moved: Cr Wayne Phillips Seconded: Cr Jenny Mulholland

CARRIED

7. SEALING OF DOCUMENTS Nil

8. NOTICES OF MOTION Nil

9. GENERAL BUSINESS Please refer to Procedural Motion on Page 3.

10. URGENT BUSINESS Please refer to Procedural Motion on Page 16.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 8 August 2016

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MINUTES ORDINARY MEETING OF COUNCIL

25 JULY 2016

Closure of Meeting The Meeting was closed at 10.19pm.

DATED:........................... DAY OF ........................... 2016

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

MAYOR

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These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 8 August 2016