13 may 2009 - public minutes may 2009 - ordinary council... · 15.7 contract no. 2008-41 girrabanya...

Ordinary Council Meeting

13 May 2009

Council Chamber, Town Hall, Sturt Street, Ballarat

MINUTES

Public Copy

Council Meeting Minutes 13 May 2009

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MINUTES OF A MEETING OF BALLARAT CITY COUNCIL HELD IN THE COUNCIL CHAMBER,

TOWN HALL, STURT STREET, BALLARAT ON WEDNESDAY 13 MAY 2009

AT 7.00 P.M.

Anthony Schinck Chief Executive Officer

ORDER OF BUSINESS:

1. OPENING DECLARATION...............................................................................4 2. APOLOGIES FOR ABSENCE..........................................................................4 4. CONFIRMATION OF MINUTES .......................................................................5 5. PUBLIC QUESTION TIME & SUBMISSIONS ON AGENDA ITEMS...............5

5.1 QUESTION TIME.....................................................................................5 5.2 PUBLIC REPRESENTATIONS ...............................................................6

6. MOTIONS ON NOTICE (NIL) ..........................................................................6 7. GENERAL BUSINESS WITHOUT NOTICE .....................................................7 8. PETITIONS (NIL) .............................................................................................8 9. PLANNING AND RELATED REPORTS ..........................................................9

9.1 Planning Permit Application PLP2009/001 for the Use & Development of a Seven (7) Storey Building Containing Four (4) Storeys of Offices, Two (2) Levels of Car Parking Facilities, One (1) Storey Containing a Dwelling with Dispensation of Car Parking & Bicycle Facilities.......................................................................................9

10. MAYORS REPORT.........................................................................................14 11. CHIEF EXECUTIVES REPORTS ...................................................................14 12. COUNCILLOR/DELEGATES REPORTS .......................................................15 13. FINANCIAL REPORT.....................................................................................16

13.1 March Financial Quarterly Report ..........................................................16 13.2 2009/2010 Draft Budget.........................................................................17

14. COMMITTEE REPORTS ................................................................................19 14.1 Ballarat Community Safety Advisory Committee Terms of Reference

& 2009/10 Membership..........................................................................19 14.2 Art Gallery of Ballarat Board Terms of Reference..................................20

15. OFFICERS REPORTS....................................................................................21 15.1 Outstanding Question Time Items Report..............................................21 15.2 Council Community Fund.......................................................................22 15.3 Australia India Business Summit 2009...................................................25

MINUTES


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15.4 Councillor Portfolio Committees - Terms of Reference..........................26 15.5 Parking at Howitt Street Shopping Centre .............................................27 15.6 Road Management Plan Review 2009 ..................................................28 15.7 Contract No. 2008-41 Girrabanya Children's Centre Redevelopment ..29 15.8 Contract No 2008-21 Supply & Delivery of Dual Control Road Suction

Sweeper.................................................................................................30 15.9 Implementation of the Ballarat Industry Participation Program.............31

16. GENERAL BUSINESS – MATTERS ARISING FROM THE AGENDA..........32 17. ITEMS IN CAMERA - CONFIDENTIAL REPORTS........................................32


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1. OPENING DECLARATION

Councillors: “We, the Councillors of the City of Ballarat, declare that we will carry out our duties in the best interests of the community and through collective leadership will maintain the highest standards of good governance.” Mayor: “I acknowledge the Wathaurong People, the traditional custodians of the land, and I would like to welcome members of the public in the gallery”

2. APOLOGIES FOR ABSENCE

2.1. Present Mayor Judy Verlin Cr. Cheryl Bromfield Cr. Craig Fletcher Cr. Mark Harris Cr. Des Hudson Cr. Samantha McIntosh Cr. Noel Perry Cr. John Philips Cr. Ben Taylor Mr Anthony Schinck, Chief Executive Officer Ms Annie De Jong, Manager ICT & Governance Mr George Sossi, Director City Marketing & Business Development Mr Ian Rossiter, Director Sustainability Mr Garry Davis, Director Organisation Services & Development Ms Carolyn Barrie, Director Community Wellbeing Mr Trevor McCullough, Director Planning & Development Mr Jeff Pulford, Director Major Projects Mr Glenn Kallio, Executive Manager Finance Ms Kate Robson, Information Governance Officer Ms Jane Verdoorn, Executive Assistant City Marketing & Business Development

2.2. Apologies - Nil

3. DECLARATION OF CONFLICTS OF INTERESTS

3.1. DIRECT INTERESTS Cr. Philips declared a conflict of interest in item 15.2 – Recommendation number 2, under the Local Government Act, as he is a member of the Chinese Australian Cultural Society Ballarat and his wife is Secretary of that Society.

3.2. INDIRECT INTERESTS


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4. CONFIRMATION OF MINUTES

That the Minutes of the Council Meeting on April 22, 2009 as circulated be confirmed. RESOLUTION: That the Minutes be adopted

Moved: Cr. Mark Harris CARRIED Seconded: Cr. Samantha McIntosh (R123/09)

5. PUBLIC QUESTION TIME & SUBMISSIONS ON AGENDA ITEMS

5.1 QUESTION TIME QT26/09 - Peter Wills - Question provided in written format as follows: "Through contact with, "The Human Rights Commission", in regard to its' draft policy for "Disability Access to premises", and current D.D.A. compliance, I have been informed that at present, they have not decided whether the regulations, be tightened, eased or, remain the same! Our latest local footpath policy regulations based on D.D.A Compliance, contain an exclusion zone of two meters, whereas, the council footpath policy document given to me in 2008, had a 1.8 meter exclusion zone! There has been, no explanation for this change, or any of the other changes in that document! This change has clearly happened under the administration of the current Council, and if enforced, directly, affects the livelihoods of retailers and their employees, and as a safety issue, should be known by, and a concern of all, Ballarat citizens! Possible affects on those who the Council have permitted to permanently or semi-permanently build out, over the footpath, are mind-boggling! Where is the Council's open, transparent and accountable consultation with it’s' citizens, to justify this change, and the consequent ramifications it will have for our property and the safe use, there of?" Trevor McCullough, Director Planning & Development – Given the complexity of the question, it is advisable that I meet with Mr Wills and address his concerns. I will arrange to meet him at a later time and take his question on notice. QT27/09 - Peter Wills - Question provided in written format as follows: "Sausage sizzles are often conducted on the narrow footpath in front of "The Coles Supermarket", in Sharwood Street and other locations like in front of "The Commonwealth Bank", in Lydiard Street, for example every Thursday before Good Friday, annually. These sausage sizzles are conducted on top of, or along the building line, as area usually defined as an exclusion zone for retailers and footpath permit holders. What are the safety, legal and insurance obligations and ramifications for the Council, participating organisations and footpath users in general, and in particular if something goes wrong and how if it all, do they vary from footpath permit holders obligations?"


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Trevor McCullough, Director Planning & Development – The sausage sizzles referred to, require permits. Clearly if those permit holders are not aware of their obligations, then we need to correct this and if our instructions to these permit holders are not clear or accurate then we need to address that ourselves. I am happy to take on board Mr Wills’ comments and thank him for his input. QT28/09 - Gary Fitzgerald - At the Council Meeting on the 8th October 2008, I asked why minutes of the 24th September 2008 meeting were not yet available to the public, as they had been in the past. The answer given was that Council is no longer making unconfirmed minutes available to the public. No further explanation was given. The following Councils make their minutes available to the public within a few days of the meeting, with a disclaimer that they are to be confirmed at the next meeting: the City of Melbourne, the City of Greater Geelong, the City of Greater Bendigo, the City of Greater Shepparton, Moorabool Shire Council, Pyrenees Shire Council and Golden Plains Shire Council. In light of what is accepted practice at other Councils, will the Ballarat City Council return to making unconfirmed minutes available to the public? Anthony Schinck, Chief Executive Officer – I am happy to look into the matter. We are cautious that the minutes have not been confirmed by Council QT29/09 - Gary Fitzgerald - Council would agree that a significant aspect of good governance is accountability. With this in mind, I ask Council to include and additional item on the agenda on a monthly basis, called Councillor monthly travel and expenses report. I am sure no Councillor would disagree with the need for transparency and ask Council to strongly consider this request. Mayor – We will take this suggestion on board and a response will be provided to you.

5.2 PUBLIC REPRESENTATIONS James Iles made a public representation on item 9.1, Planning Permit Application PLP2009/001 for the Use & Development of a Seven (7) Storey Building Containing Four (4) Storeys of Offices, Two (2) Levels of Car Parking Facilities, One (1) Storey Containing a Dwelling with Dispensation of Car Parking & Bicycle Facilities

6. MOTIONS ON NOTICE (Nil)


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7. GENERAL BUSINESS WITHOUT NOTICE

GB57/09 - Cr. John Philips - It is pleasing to note that on the Day of Black Saturday and the subsequent fire period that the Ballarat community has been safe and we haven't been afforded any nasty fires, the closet being Daylesford. I have had a look around the area and there is some work needed to ensure fire safety. Call for a report – Request a report on how the City of Ballarat will manage fire safety and what fire hazards we need to be protecting the citizens from in the ensuing fire seasons. RESOLUTION:

Moved: Cr. John Philips CARRIED Seconded: Cr. Des Hudson (R124/09)

GB58/09 - Cr. Craig Fletcher - I would like to pass on my congratulations to the planning staff. I received an email in relation to the good work the planning staff did on a planning matter. The applicant passed on their thanks and gratitude to the planning staff for the professional and prompt manner in which they dealt with a planning application. GB59/09 - Cr. Mark Harris - I would like to draw attention to the Peel Street block between Steinfield Street and Haymes Crescent. There has been a series of fires and they have destroyed what is a substantial part of two particularly beautiful shop fronts. There are also squatters in that area from time to time making the fires quite a dangerous issue. The fencing issue in this block is less than ideal and while dialogue has been entered into with the owner, it still remains quite an eyesore for this city. Call for a report - What controls if any are available to the Council that can address the problems of properties, whether or not they are waiting for development, being allowed to rot in a similar way to the Peel Street property. I would like the report to address the shortcomings in controls and ideas on how we can enhance it. RESOLUTION:


Trevor McCullough, Director Planning & Development – I am happy to do a report as requested. There are a number of issues that rise from these sort of properties. In relation to the Peel Street properties, the main aim of the planning officers is to find a long term outcome for that site. We have negotiated with the current owner what can be done on the site. The owner has elected to put the property on the market and he has agreed in the mean time to construct a fence around the property, so squatters can’t get onto the site and to screen the unsightly areas from the public. Officers have been frustrated by the limitations of our power to both clean up unsightly sites and to stop demolition by neglect.


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GB60/09 - Cr. Samantha McIntosh - It was great to go to Ararat to be a part of the promotion for the Ballarat Hepburn and beyond website launch. Call for a report – What is Ballarat likely to benefit, particularly economically from the advertisement that is being filmed in Ballarat on the weekend. RESOLUTION:

Moved: Cr. Samantha McIntosh CARRIED Seconded: Cr. Cheryl Bromfield (R126/09)

George Sossi, Director City Marketing & Business Development – After this weekend we will have some of the preliminary estimates. We already know that this filming will bring a direct economic impact of about $480,000 just for the weekend. This figure comprises payment for the extras, catering and accommodation. A full report will be provided after the filming. GB61/09 - Cr. Samantha McIntosh - The has been a lot of discussion and lots of great positive feedback after the Heritage Weekend. It seemed to be a fantastic weekend for Ballarat. In light of the positive feedback it warrants us to start planning for the next Heritage Weekend. Call for a report on the statistics, success and economic benefits from the Heritage Weekend including business and community feedback RESOLUTION:

Moved: Cr. Samantha McIntosh CARRIED Seconded: Cr. Ben Taylor (R127/09)

GB62/09 - Cr. Des Hudson - Back in 2007, I called for a report on a way of formally recognising the contributions of former Mayors and Councillors for this city. In 2008 replica fobs were purchased and I would like a date when an appropriate ceremony will be conducted to finalise this matter. Anthony Schinck, Chief Executive Officer – There is a report being developed that will be coming to Council within the next cycle or two. This report will establish a date and process and will give Council an opportunity to talk about how it wants to establish that process. 8. PETITIONS (Nil)


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9. PLANNING AND RELATED REPORTS

9.1 PLANNING PERMIT APPLICATION PLP2009/001 FOR THE USE & DEVELOPMENT OF A SEVEN (7) STOREY BUILDING CONTAINING FOUR (4) STOREYS OF OFFICES, TWO (2) LEVELS OF CAR PARKING FACILITIES, ONE (1) STOREY CONTAINING A DWELLING WITH DISPENSATION OF CAR PARKING & BICYCLE FACILITIES

Division: Planning & Development Director: Trevor McCullough Manager Responsible/ Veronica Schilling - Business Unit: Manager Statutory Planning & Building Author/Position: Alison O'Connor - Senior Statutory Planner

SUMMARY On 5 January 2009, the applicant lodged a planning permit application for the development of a seven storey building on the subject site. The application has generated one objection. The development is considered to pose a significant commercial development within the Ballarat Central Business Area, therefore Council is requested to make a decision on this planning permit application. COUNCILLOR RESOLUTION Council resolve to; 1. Issue a Notice of Decision to Grant a Planning Permit subject to the

following conditions: 1. Amended Plans Required

Before the use and/or development starts, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the plans submitted with the application:

a) Installation of a convex mirror on the eastern side of each vehicle access;

b) An on street loading bay is to be created in Field Street, with the cost of the associated line marking and signage alterations to borne by the applicant;

c) The provision of male and female shower facilities; and d) The installation of a sign advising ‘Right Turn Only’ at each exit point

to the satisfaction of the Responsible Authority. Unless otherwise approved in writing by the Responsible Authority, all buildings and works are to be constructed and or undertaken in accordance with the endorsed plans to the satisfaction of the Responsible Authority prior to the commencement of the use.


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2. Owners Corporation Consent

Before the development commences, the applicant shall provide written approval from Owners Corporation No.SP20111 to build on part of the land known as Common Property No. 1 on Plan of Subdivision SP20111.

3. Boundary Walls

The walls on the boundary of the adjoining properties shall be cleaned and finished to the satisfaction of the responsible authority.

4. Minimising Glare

The exterior colour and cladding of the building(s) must be of a non-reflective nature to the satisfaction of the responsible authority.

5. Air-conditioning Plant Location

Details of air-conditioning plant and equipment shall be submitted to the Responsible Authority for approval prior to the commencement of building works.

All air conditioning plant and equipment and services shall be located so as to be incorporated within the building and shall not project beyond the roofline or from an external wall without the consent of the Responsible Authority. All plant and equipment shall be appropriately located and baffled to minimise noise levels to the satisfaction of the Responsible Authority.

6. Car Parking Plans

A professionally prepared car parking plan shall be prepared and submitted to the Responsible Authority for approval, clearly showing the layout, the proposed method of surfacing, and delineation of spaces.

This plan, when approved, shall be endorsed as forming part of the Permit and the parking area shall be constructed, maintained, drained and delineated in accordance with the endorsed plans to the satisfaction of the Responsible Authority.

7 Lighting

Lighting shall be located and designed with suitable shields and baffles so that no direct light or glare is emitted outside the site, to the satisfaction of the Responsible Authority.

8. Car Parking for Disabled Persons

A minimum of one car space on each level must be provided for the exclusive use of disabled persons. The car space must be provided as close as practicable to a suitable entrance of the building and must be clearly marked with a sign to indicate that the space(s) must only be utilised by disabled persons. The minimum dimensions of the car space must be 3.2 metres wide by 4.9 metres long.


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9 Details of Waste Storage Areas

Details of waste collection and storage areas shall be provided prior to the commencement of use. Storage bins shall be screened from view of the street and adequately covered to the satisfaction of the Responsible Authority to minimise dispersal of material by wind or water and vermin and pest insect access. Appropriate controls shall be implemented to restrict the movement of wind blown litter and prevent the site appearing unsightly. No litter shall be discharged beyond the boundaries of the site. All storage areas shall be surfaced and capable of being washed down with waste water being directed to sewer via an appropriate litter trap. No odour shall be emitted from any waste storage areas so as to cause offence to adjoining property occupiers to the satisfaction of the Responsible Authority.

10. Plant/equipment or Features on Roof

No plant, equipment, services or architectural features other than those shown on the endorsed plans are permitted above the roof level of the building without the written consent of the responsible authority.

11. Vehicle Access - Concrete Layback & Apron (Use)

Vehicle access to the proposed development shall be constructed at approved locations in accordance with plans, designs and specifications approved by the Responsible Authority.

The works shall include the construction of a concrete layback and apron and the removal of all redundant access points, reinstating the area to match adjacent materials and profiles.

All works shall be completed to the satisfaction of the Responsible Authority prior to the use hereby approved commencing.

Note: The construction or altering of a vehicle crossing, footpath and/or any other works or alterations within a road reserve or any other Council asset may require either a Crossover Permit (which includes a driveway and new crossover), a Road Opening Permit (ie. opening up a road for installation of infrastructure), Temporary Crossing Permit (ie. providing for temporary site access) or other approval to be obtained from the City of Ballarat. This Planning Permit does not constitute such approval. Failure to obtain an appropriate permit or damaging Council infrastructure, including footpaths, kerbs, drains, street trees, nature strips etc or failing to remove redundant crossings and reinstate the kerb, drain, footpath, nature strip or other part of the road is a breach of the Ballarat City Council Community Local Laws (10 Penalty Units). For further information, please contact Council's Asset Protection Officer in relation to Road Opening or Temporary Crossing permits and Council's Infrastructure Planning & Development Unit via Council's Customer Service Officers and the Arborist relating to Street trees.

12. On-site Stormwater Detention (Use)

All underground or surface drainage works that are considered necessary by the Responsible Authority shall be constructed in accordance with


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plans, computations and specifications submitted to and approved by the Responsible Authority prior to the commencement of construction of drainage works.

Such drainage works shall include the provision of an on-site stormwater detention system designed in accordance with the City of Ballarat's 'Site Stormwater Management Systems Policy' and installed to transport stormwater run-off from the subject land and surrounding land or adjoining road(s) to an approved point of discharge.

No stormwater shall drain or discharge from the land adjoining properties without the prior approval of the Responsible Authority.

On completion of the construction of the stormwater detention system, as constructed drawings shall be submitted to the Responsible Authority. The plans shall be certified by a suitably qualified and experienced engineer eligible for Corporate Membership of the Institution of Engineers, that the completed works are in accordance with the approved plans, design levels and specification.

All works shall be completed to a standard satisfactory to the Responsible Authority prior to the use hereby approved commencing.

13. Sediment on Roadways

No material shall be permitted to be deposited or remain deposited on any road external to the site by any means including construction vehicles or associated plant entering or leaving the land subject to this permit. Any material deposited on the road shall be removed by mechanical or manual means to the satisfaction of the Responsible Authority.

Note 1: Depositing such material on Council’s Roads is an offence under the Environment Protection (Resource Efficiency) Act 1970 and penalties may apply.

Note 2: Any costs associated with a clean up of road surfaces borne by Council must be met by the operator of the permit.

14. Internal Access Ways and Carparking

Before the use or occupation of the development starts, the areas set aside for the parking of vehicles and access lanes as shown on the endorsed plans must be:

(a) constructed (b) properly formed to such levels that they can be used in accordance

with the plans (c) surfaced with an all-weather wearing course (d) drained (e) line-marked to indicate each car space and all access lanes (f) clearly marked to show the direction of traffic along access lanes

and driveways


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to the satisfaction of the Responsible Authority.

Car spaces, access lanes must be maintained and kept available for these purposes at all times.

All works shall be completed in accordance with plans and specifications prepared to the satisfaction of the Responsible Authority and submitted to and approved by the Responsible Authority before the use/ occupation of the development starts.

15. Powercor Aust. Ltd

a) The buildings must comply with the clearances required by the Electricity Safety (Network Assets) Regulations 1999.

b) Any construction work must comply with the officer of the Chief Electrical Inspector ‘No Go Zone’ rules.

16. Central Highlands Region Water Corporation

a. The applicant shall provide reticulated water and sewer to the proposal to the satisfaction of Central Highlands Water.

17. Time Limit

This permit will expire if one of the following circumstances applies:

• The development is not started within two years of the date of this permit

• The development is not completed within four years of the date of this permit.

The Responsible Authority may extend the periods referred to if a request is made in writing before the permit expires or within three months afterwards.

Moved: Cr. Craig Fletcher CARRIED Seconded: Cr. Samantha McIntosh (R128/09)


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10. MAYORS REPORT

CD35/09 - Cr. Judy Verlin - Last week, together with the CEO we made a submission to an enquiry of the state parliament regarding the future of regional centres. We were well received and were able to make that representation on behalf of the Regional Cities Victoria. Items discussed included the sort of infrastructure required if we are going to be a part of the solution to population growth that is being anticipated by Melbourne. CD36/09 - Cr. Judy Verlin - Since the previous meeting the State and Federal budgets have been released. Given the current economic climate the City of Ballarat has done well. There were a number of significant projects that were funded particularly around health and education. CD37/09 - Cr. Judy Verlin - Last weekend we had the pleasure of hosting the Governor and his wife Mrs de Kretser. Along with Sovereign Hill we were able to showcase the city in a very positive light. The Governor was overawed with the Heritage Weekend. He was also delighted with the Theatre and enjoyed the Gallery immensely. The anniversary of 100 years of scouting was also celebrated at Pax Hill and a civic reception was held to acknowledge the response and involvement of the volunteers through our emergency services. This civic reception was very well attended and was a great opportunity to thank all the people that volunteered. CD38/09 - Cr. Judy Verlin - This week we celebrated volunteer week. We hosted a morning tea and raised the flag for the volunteer resource centre. We had over 120 people assemble at the Town Hall to acknowledge the wonderful work of the volunteers. From a City of Ballarat organisational perspective, this included volunteers at the Gallery, the Library, the Theatre, Meals on Wheels and a huge range of organisations. 11. CHIEF EXECUTIVES REPORTS

CD42/09 - Anthony Schinck, Chief Executive Officer - Along with all Local Government in Victoria, Council is participating in a substantial planning activity being coordinated by the State Government. Within our regions we are developing a Regional Strategic Plan. This Council belongs to the Grampians Region and as a sub-region of the Grampians Region we are preparing the Central Highlands Regional Plan. The Central Highlands Region is well ahead and have already developed Central Highlands 21 which sets out the regional direction for the next two decades. This process is about updating that plan and we are working with our local government colleagues and state government agencies in preparing work around a settlement plan for the region. We are also working on a plan that covers the major policy, project and infrastructure initiatives for this region. This plan will be presented to the State Government. A report will be brought back to Council once the Regional Strategic Plan has been completed.


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12. COUNCILLOR/DELEGATES REPORTS

CD39/09 - Cr. Samantha McIntosh - Discussion has taken place in regard to the Freeway Signage with Vic Roads. Vic Roads will follow-up with documents regarding this discussions. We have already had some good feedback and hope the Ballarat will be recognised in the freeway signage from the Westgate and Tullamarine. CD40/09 - Cr. Samantha McIntosh - I attended the launch of the movie Lake Mungo which was filmed in Ararat. The Ballarat, Hepburn and Beyond Website was also launched at the same function. At this launch directors and movie producers all promoted Ballarat and this was followed by our Film Liaison Officer, Jane Verdoorn detailing work that has been done on the Ballarat, Hepburn & Beyond Website. I look forward to the results from the advertisement being filmed here on the weekend and the subsequent report. Mayor – I also would like to pass on my congratulations to Jane Verdoorn. Jane has been committed to the film industry promotion over a period of time and this work is really coming to fruition. I wish Jane well for the weekend filming. CD41/09 - Cr. Cheryl Bromfield - Since ratifying the Section 86 status of the Art Gallery Board, the relationship has been very positive in working together on the terms of reference.


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13. FINANCIAL REPORT

13.1 MARCH FINANCIAL QUARTERLY REPORT Division: Finance Director: Glenn Kallio Author/Position: Glenn Kallio - Executive Manager Finance

SUMMARY This report sets out the financial performance of the City of Ballarat for the 2008/2009 financial year for the month ending 31st March 2009. RESOLUTION: Council resolve to;

1. That Council note the financial report for the period ending the 31st March 2009.

Moved: Cr. Cheryl Bromfield CARRIED Seconded: Cr. Samantha McIntosh (R129/09)


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13.2 2009/2010 DRAFT BUDGET Division: Finance Director: Glenn Kallio Author/Position: Glenn Kallio - Executive Manager Finance

SUMMARY This report presents a draft budget for 2009/10. The proposed 2009/10 budget has been prepared in accordance with the requirements of the Local Government Act 1989 and the direction provided by Council. The budget has been prepared on the principles of sound financial management and sustainability. The allocation of resources has been based on the planned requirements of Blue Print Ballarat and the Council Plan. COUNCILLOR RESOLUTION: That Council:- 1. Having prepared a budget in accordance with Section 127 of the Local

Government act 1989, resolve that it give public notice of the proposed 2009/10 budget in accordance with Section 129 of the Local Government Act 1989:-

1.1 That Council will meet to adopt the 2009/10 budget on the 24th June

2009; 1.2 Discloses that as at 30th June 2009, the total amount borrowed by

Council is $13,194,568; 1.3 Proposes that the total amount proposed to be borrowed during the

financial year other than borrowings to refinance loans is $0; 1.4 Projects that $2,460,394 will be redeemed during the financial year; 1.5 Projects that as at 30th June 2010, Council borrowings will total $12,194,175; 1.6 Projects that the cost of servicing the borrowings during the

financial year will be $927,283; 1.7 Proposes that rates in the dollar for each type of rate to be levied for

the 12 month period from 1st July 2009 to 30th June 2010 are:

TYPE OF RATE RATE IN THE $ ON CIV Residential 0.3935 cents Commercial 0.8919 cents Industrial 0.8869 cents Farm 0.2391 cents Recreation - 1 0.2555 cents Recreation - 2 0.7126 cents


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1.8 Proposes that no municipal charge be declared.

1.9 Proposes that a Service Charge of $147.00 be levied for the 12 month period from 1st July 2009 to 30th June 2010 on residential and other permitted properties for the collection, removal and disposal of refuse and recyclables where the service is provided.

2. Proposes that a special rate and charge being the Tourism and Economic

Development Special Rate and Charge, be levied for the 12 month period from 1st July 2009 to 30th June 2010 on all land used primarily for commercial or industrial purposes other than land used primarily as:

a) a telecommunications tower; b) a telephone exchange; c) an electrical substation; or d) vacant land, at a rate of 0.0725 cents in the dollar of the Capital Improved Valuation, capped at $2,850 for properties with a Capital Improved Valuation equal to, or greater than $4 million. 3. Proposes that a special rate being the Bridge Mall Special Rate – Promotion

& Security, be levied for the 12 month period from 1st July 2009 to 30th June 2010 on the properties in the Bridge Mall and Surrounds – as more particularly described hereunder: i) all properties in the whole of the Bridge Mall from and including 2

Bridge Mall through to 121 Bridge Mall; ii) odd numbered properties in Little Bridge Street from and including 5

Little Bridge Street through to 59 Little Bridge Street; iii) even number properties in Curtis Street from and including 22

Curtis Street through to 54 Curtis Street; iv) all properties in Norwich Plaza and Coliseum Walk; v) the properties at 2-4 Main Road and 4-6 Peel Street North;

at a rate of 0.3759 cents in the dollar of the Capital Improved Valuation of each rateable property.

4. Invite and consider public submissions under Section 223 of the Local

Government Act 1989, on the proposals contained in the 2009/10 budget. Written public submissions will be accepted for 28 days ending 9.00am Monday 15th June 2009.

5. Any person who wishes to be heard in support of a submission received by

Council should indicate in the written submission that he or she wishes to be heard. Any person requesting that he or she be heard in support of a submission is entitled to appear before a meeting of the Council (or Committee) either personally or by a person acting on his or her behalf at a meeting scheduled for Wednesday 17th June, 2009 at 7:00pm.

Moved: Cr. Judy Verlin CARRIED Seconded: Cr. Des Hudson (R130/09)


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14. COMMITTEE REPORTS

14.1 BALLARAT COMMUNITY SAFETY ADVISORY COMMITTEE TERMS OF REFERENCE & 2009/10 MEMBERSHIP

Division: Community Wellbeing Director: Carolyn Barrie Manager Responsible/ Jen Pollard - Business Unit: Manager Community Strengthening & Services Author/Position: Eddie Hadzig - Community Safety & Development Officer

SUMMARY This report seeks endorsement of the Terms of Reference for the Community Safety Advisory Committee and Committee Membership for 2009/2010. RESOLUTION: Council resolve to; 1. Adopt the Terms of Reference for Council’s Community Safety Advisory

Committee. 2. Endorse the proposed membership of Council’s Community Safety

Advisory Committee for 2009/2010.

Moved: Cr. John Philips CARRIED Seconded: Cr. Cheryl Bromfield (R131/09)


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14.2 ART GALLERY OF BALLARAT BOARD TERMS OF REFERENCE Division: City Marketing & Business Development Director: George Sossi Author/Position: George Sossi - Director - City Marketing & Business Development

SUMMARY As a result of the deeding of the Art Gallery of Ballarat to Council by the Gallery Association on 29 September 1978, a formal agreement was reached between the Gallery Association and Council to form an Art Gallery of Ballarat Board. At the Council meeting held on 22 April 2009, Council adopted a report to confirm the status of the Art Gallery of Ballarat Board as a Section 86 Committee of Council. It was also requested that given the current Terms of Reference could not be found that a replacement set be developed which would enable the Board to move forward. RESOLUTION: Council resolve to;

1. Adopt the attached Terms of Reference for the Art Gallery of Ballarat Board, Special Committee of Council.

2. Appoint Bruce Morgan and Janet Dore to the vacant positions on the Art Gallery of Ballarat Board until such time that a new operating structure for the Gallery and the Board is implemented.



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15. OFFICERS REPORTS

15.1 OUTSTANDING QUESTION TIME ITEMS REPORT Division: Organisation Services & Development Director: Garry Davis Author/Position: Annie De Jong - Manager ICT & Governance

SUMMARY This report provides Council with an update of responses to questions taken on notice and outstanding unanswered questions from Council Question Time. RESOLUTION: Council resolve to;

1. Receive this report.

Moved: Cr. Ben Taylor CARRIED Seconded: Cr. Noel Perry (R133/09)


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15.2 COUNCIL COMMUNITY FUND Division: Executive Unit Director: Anthony Schinck Author/Position: Sandra Siniawski - Acting Mayor & Councillors Support Officer

SUMMARY The purpose of this report is for Council to consider the current requests for funding under the Council Community Grant program. COUNCILLOR RESOLUTION: That Council resolve to: Approve the application received from the Ballarat National Theatre for

$4,500.


Cr. Philips declared a conflict of interest in item 15.2 – Recommendation number 2, under the Local Government Act, as he is a member of the Chinese Australian Cultural Society Ballarat and his wife is Secretary of that Society.

Councillor John Philips left the meeting, the time being 08:34 PM

COUNCILLOR RESOLUTION: That Council resolve to: Approve the application received from the Chinese Australian Cultural

Society Ballarat for $5,000.

Moved: Cr. Craig Fletcher CARRIED Seconded: Cr. Mark Harris (R135/09)

Councillor John Philips returned to the meeting, the time being 08:36 PM


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COUNCILLOR RESOLUTION: That Council resolve to: Approve the application received from the Ballarat Fidelity Club

Kindergarten for $3,800.

Moved: Cr. Samantha McIntosh CARRIED Seconded: Cr. Cheryl Bromfield (R136/09)

COUNCILLOR RESOLUTION: That Council resolve to: Approve the application received from the Family Drug Support Group

for $555.

Moved: Cr. Noel Perry CARRIED Seconded: Cr. Des Hudson (R137/09)

COUNCILLOR RESOLUTION: That Council resolve to: Approve the application received from the City Oval Bowling Club for

$430.

Moved: Cr. Craig Fletcher CARRIED Seconded: Cr. Ben Taylor (R138/09)

COUNCILLOR RESOLUTION: That Council resolve to:

Approve the application received from Operation R & R for $2,000.

Moved: Cr. John Philips CARRIED Seconded: Cr. Mark Harris (R139/09)


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COUNCILLOR RESOLUTION: That Council resolve to: Approve the application received from Volleyball Ballarat for $1,560.

Moved: Cr. Ben Taylor CARRIED Seconded: Cr. Mark Harris (R140/09)

COUNCILLOR RESOLUTION: That Council resolve to:

Approve the application received from the Sebastopol Ladies Carpet Bowls Club for $2,000.

Moved: Cr. Des Hudson CARRIED Seconded: Cr. Cheryl Bromfield (R141/09)


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15.3 AUSTRALIA INDIA BUSINESS SUMMIT 2009 Division: City Marketing & Business Development Director: George Sossi Manager Responsible/ Barbara Chalkley - Business Unit: Senior Manager Tourism & Economic Development Author/Position: Jodie Knight - Administration Officer

SUMMARY The City of Ballarat through its Tourism and Economic Development unit will be participating in the Australia India Business Summit for 2009 which is held in Sydney on 20 May, 2009. The Australia India Business Summit 2009 is the premier forum for Australia India Business Council (AIBC) members and non members to meet face to face to discuss the latest trends, insights and case studies of Australia India trade and investment. The City of Ballarat is also the major sponsor and host for the Gala Dinner at the Summit. The Senior Tourism Economic Development Manager and Ballarat’s India Advisor for Trade will participate in the Summit. As the major sponsor and host of the dinner it is recommended that the Mayor and the two remaining Destinations & Connections Portfolio Councillors attend the Gala Dinner. They will be accompanied by the CEO and the Director of City Marketing & Business Development. A number of key Ballarat businesses who either have export potential or are currently involved with India will also be invited to attend. RESOLUTION: Council resolve to;

1. Approve that the Mayor, Cr Judy Verlin, Cr Cheryl Bromfield, Cr Samantha McIntosh along with the CEO and the Director City Marketing & Business Development attend the Australia India Business Summit 2009 to host the Gala Dinner as the representatives of the City of Ballarat.

2. Note that the Senior Manager, Tourism and Economic Development will

be attending the Australia India Business Summit 2009 as part of the City of Ballarat’s sponsorship agreement with the Australia India Business Council.

3. Receive a report on the Australia India Business Summit 2009 will be

provided to Council during the June cycle of meetings along with an economic analysis on the viability relating to the relationship with the Australian India Business Council

Moved: Cr. Ben Taylor CARRIED Seconded: Cr. Mark Harris (R142/09)


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15.4 COUNCILLOR PORTFOLIO COMMITTEES - TERMS OF REFERENCE Division: Planning & Development Director: Trevor McCullough Author/Position: Trevor McCullough - Director - Planning & Development

SUMMARY Ballarat Council recently adopted a new framework for portfolio teams of councillors aligned with the three Council policy areas of Growth & Development, People & Communities and Destinations & Connections. This report proposes for adoption Terms of Reference for the three portfolio committees. RESOLUTION: Council resolve to; 1. Adopt the Terms of Reference for Councillor Portfolio Committees as

set out in the attachment to this report.

Moved: Cr. Cheryl Bromfield CARRIED Seconded: Cr. Noel Perry (R143/09)


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15.5 PARKING AT HOWITT STREET SHOPPING CENTRE Division: Planning & Development Director: Trevor McCullough Author/Position: Andrew Bellingham - Manager - Regulatory Services Author/Position: Jim Leonard - Team Leader Traffic & Transport

SUMMARY Council requested a report into parking issues at Howitt Street Shopping Centre. This report provides background information and details previous actions taken to manage parking associated with the Wendouree Centre for the Performing Arts. RESOLUTION: Council resolve to;

1. Continue with regular enforcement by parking officers during capacity or near-capacity events and in response to requests by traders. Parking officers should generally be deployed to direct patrons away from the Howitt Street Shopping Centre on their arrival, rather than conduct blitzes after events have commenced.

2. Have Council Officers meet with Ballarat Grammar representatives to

further discuss a strategy to resolve the on-going parking issues including arrangements to utilise parking at Wendouree Primary School, other off-street parking options and the more effective enforcement of conditions on the current planning permit.

3. Receive a further report to Council on the resulting actions.

Moved: Cr. John Philips CARRIED Seconded: Cr. Samantha McIntosh (R144/09)


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15.6 ROAD MANAGEMENT PLAN REVIEW 2009 Division: City Infrastructure Director: Trevor McCullough Manager Responsible/ Ross Cowie - Business Unit: Manager Infrastructure Development Author/Position: Peter Bate - Technical Services Engineer

SUMMARY Council is required to undertake a review of its Road Management Plan by 30 June 2009 in accordance with its responsibilities under the Road Management Act. This report presents the draft Road Management Plan 2009 and seeks Council approval to place it on public exhibition for a minimum of 14 days in order to seek public input prior to finalising the plan. Feedback from the public exhibition process and the finalised Road Management Plan 2009 will be presented to Council for consideration for adoption prior to 30 June 2009. RESOLUTION: Council resolves: 1. To place the draft Road Management Plan 2009 on public exhibition for

a minimum period of 14 days seeking public submissions; and 2. That a final version be presented to Council for consideration for

adoption prior to 30 June 2009.

Moved: Cr. Ben Taylor CARRIED Seconded: Cr. Cheryl Bromfield (R145/09)


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15.7 CONTRACT NO. 2008-41 GIRRABANYA CHILDREN'S CENTRE REDEVELOPMENT

Division: Community Wellbeing Director: Carolyn Barrie Author/Position: Anne Scott - Manager Family, Youth & Children's Services

SUMMARY This report recommends the awarding of a contract to Page Constructions for the redevelopment of the Girrabanya Children’s Centre, Steinfeld Street, Ballarat. RESOLUTION: Council resolve to;

1. As per Local Government Act Section 77(2) b), the information provided in Report Item 17.1 on this matter is designated confidential under Section 89(2) and has been considered in making this Recommendation.

2. Award Contract No. 2008-41 – Redevelopment of Girrabanya Children’s

Centre to Page Constructions for the lump sum of $775,880.60 (Inclusive of GST), $705,346 (exclusive of GST),

3. Require the Contract to be made conditional upon the sale of 702 Mair

Street

Moved: Cr. Mark Harris CARRIED Seconded: Cr. Craig Fletcher (R146/09)


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15.8 CONTRACT NO 2008-21 SUPPLY & DELIVERY OF DUAL CONTROL ROAD SUCTION SWEEPER

Division: Finance Director: Glenn Kallio Author/Position: Robert Rea - Fleet Manager

SUMMARY This report recommends the awarding of Contract 2008-21 Supply and Delivery of Dual Control Road Suction Sweeper (with option to trade-in Council’s current Sweeper) to Rosmech Sales for their tendered price of $239,050-96. RESOLUTION: Council resolve to:-

1. Note as per the Local Government Act section 77(2) (b) in Report Item 17.2 on this matter is designated confidential information under section 89(2) as Contractual Matters and has been considered in making this recommendation.

2. Accept tender no 2008-21, supply and delivery of Dual Control Road Suction Sweeper (with option to trade-in Council’s current sweeper) and that this be awarded to Rosmech Sales for the total price of $239,050-96 (GST exclusive) which includes the option of trading in Council’s current Road Sweeper (Registration FGU626).

Moved: Cr. John Philips CARRIED Seconded: Cr. Ben Taylor (R147/09)


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15.9 IMPLEMENTATION OF THE BALLARAT INDUSTRY PARTICIPATION PROGRAM

Division: Major Projects Director: Jeff Pulford Author/Position: Jeff Pulford - Director - Major Projects

SUMMARY Following the decision of Council to adopt the Ballarat Industry Participation Program it is necessary to revise Council’s Purchasing / Procurement policy and Standard Tendering policy. These policies have been updated to reflect the BIPP process and are now provided to Council for endorsement. RESOLUTION: Council resolve to; 1. Adopt and implement the revised Purchasing / Procurement policy and

Standard Tendering policy as detailed in this report.



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16. GENERAL BUSINESS – MATTERS ARISING FROM THE AGENDA

GB63/09 - Cr. Des Hudson - Call for a report relating to the feasibility of installing parking meters at the Howitt Street Shopping Centre. RESOLUTION:

Moved: Cr. Des Hudson CARRIED Seconded: Cr. Cheryl Bromfield (R149/09)

17. ITEMS IN CAMERA (SECTION 89)

Items 17.1 and 17.2 were endorsed in open Council under items 15.7 and 15.8. Council did not move into camera. The Chairperson declared the meeting closed at 9.08 pm. Confirmed this day of 2009.

……………………………………………… Chairperson

13 may 2009 - public minutes may 2009 - ordinary council... · 15.7 contract no. 2008-41 girrabanya...

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