banyule city council om 7 october 2013 minutes

These Minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 21 October 2013 1

Ordinary Meeting of Council

Council Chambers, Service Centre

275 Upper Heidelberg Road, Ivanhoe

7 October 2013 commencing at 7.45pm

MINUTES

THE MAYOR’S ACKNOWLEDGEMENT OF THE WURUNDJERI PEOPLE ......................... 3

PRESENT .............................................................................................................................. 3

APOLOGIES .......................................................................................................................... 3

LEAVE OF ABSENCE ........................................................................................................... 3

CONFIRMATION OF MINUTES ............................................................................................. 3

DISCLOSURE OF INTERESTS ............................................................................................. 3

PRESENTATION ................................................................................................................... 3

1. PETITIONS ...................................................................................................................... 4

1.1 The Lease of Chelsworth Park to Ivanhoe Grammar School ................................... 4

2. PEOPLE – COMMUNITY STRENGTHENING AND SUPPORT ...................................... 4

2.1 Adoption of the 2013-2017 Recreation Plan ............................................................ 4

3. PLANET – ENVIRONMENTAL SUSTAINABILITY ......................................................... 4

Nil

4. PLACE – SUSTAINABLE AMENITY AND BUILT ENVIRONMENT ................................ 5

4.1 North East Road Link Quarterly Update .................................................................. 5 4.2 Yarra Street, Heidelberg - Raised School Crossing ................................................. 5 4.3 Proposed Discontinuance of Road (Section of Rose Street) Adjacent to 1065

Heidelberg Road Ivanhoe ....................................................................................... 6 4.4 Ivanhoe Major Activity Area Planning Scheme Amendment .................................... 7 4.5 Proposed sale of 1 and 2 Orr Lane Montmorency ................................................... 7

5. PARTICIPATION – COMMUNITY INVOLVEMENT IN COMMUNITY LIFE ..................... 8

5.1 Anti Racism Strategy .............................................................................................. 8 5.2 Ward Fund Allocations ............................................................................................ 8

6. PERFORMANCE - USE OUR RESOURCES WISELY .................................................. 10

6.1 Councillor Motions - Status Update ....................................................................... 10 6.2 Assembly of Councillors ........................................................................................ 10

7. SEALING OF DOCUMENTS ......................................................................................... 13

MINUTES ORDINARY MEETING OF COUNCIL 7 OCTOBER 2013

2 These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 21 October 2013

7.1 Sealing of Documents ........................................................................................... 13

8. NOTICES OF MOTION .................................................................................................. 13

8.1 Councillor Expense Reporting ............................................................................... 13 8.2 Plenty Road Precinct ............................................................................................ 14

9. GENERAL BUSINESS .................................................................................................. 14

9.1 Music in the Mall Event ......................................................................................... 14 9.2 Storms .................................................................................................................. 15 9.3 City of Heidelberg Bowls ....................................................................................... 15

10. URGENT BUSINESS…………………………………………………………………………..15 10.1 Victoria Police Band .............................................................................................. 15 10.2 Deferment of Interest Charges on Rates Payments .............................................. 16

CLOSURE OF MEETING TO THE PUBLIC ......................................................................... 16


These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 21 October 2013 3

EXTENSION OF PUBLIC FORUM

(CO2013/337) Resolution That the Public Forum be extended until 8.00pm Moved: Cr Jenny Mulholland Seconded: Cr Craig Langdon CARRIED EXTENSION OF PUBLIC FORUM

(CO2013/338) Resolution That the Public Forum be extended until 8.10pm Moved: Cr Craig Langdon Seconded: Cr Tom Melican CARRIED The Meeting opened at 8.09pm.

The Mayor’s Acknowledgement of the Wurundjeri People

The Mayor read an acknowledgement of the traditional land owners, the Wurundjeri people.

Present

Chairperson Cr Wayne Phillips, Cr Craig Langdon, Cr Steven Briffa, Cr Tom Melican, Cr Jenny Mulholland.

Apologies

Cr Rick Garotti

Leave of Absence

Cr Mark Di Pasquale

Confirmation of Minutes

That the following Minutes be confirmed: Ordinary Meeting of Council held 23 September 2013

Moved: Cr Tom Melican Seconded: Cr Craig Langdon CARRIED

Disclosure of Interests

Cr Jenny Mulholland declared an Indirect Interest in item 4.4 due to conflicting duty as her husband has undertaken work for one of the site owners.

Presentation

Nil



1. PETITIONS

1.1 THE LEASE OF CHELSWORTH PARK TO IVANHOE GRAMMAR SCHOOL

Robyn Roberts, Mr Ian Frost & Mr Gary Cattran spoke on the item. SUMMARY A petition with 182 signatures has been received.

Resolution (CO2013/339)

1 That Council receives and notes the petition.

Moved: Cr Jenny Mulholland Seconded: Cr Craig Langdon CARRIED

ADJOURNMENT OF MEETING

(CO2013/340) Resolution Council resolved that a short adjournment be held. Moved: Cr Jenny Mulholland Seconded: Cr Craig Langdon CARRIED

Meeting adjourned at 8.36pm.

Meeting returned at 8.50pm

2. PEOPLE – COMMUNITY STRENGTHENING AND SUPPORT

2.1 ADOPTION OF THE 2013-2017 RECREATION PLAN

Robyn Roberts & Mr Roger Fyfe spoke on the item.

SUMMARY

Adoption of the Recreation Plan 2013-2017


That Council adopt the Recreation Plan 2013-2017.

Moved: Cr Jenny Mulholland Seconded: Cr Tom Melican CARRIED

3. PLANET – ENVIRONMENTAL SUSTAINABILITY

Nil



4. PLACE – SUSTAINABLE AMENITY AND BUILT ENVIRONMENT

4.1 NORTH EAST ROAD LINK QUARTERLY UPDATE

SUMMARY

To provide Council with a status update on planning for the proposed North East Road Link.


That Council:

1. Notes this report. 2. Council write to Melbourne Linking Authority expressing its concern that there has been

no response to an earlier request to meet for a briefing on the East West link. 3. Writes to all local members and provide them with a copy of Council’s recently adopted

“Prioritised Transport Project Advocacy List”. 4. Copies of the letters to be sent to the Ministers of Transport, Planning and

Infrastructure.

Moved: Cr Tom Melican Seconded: Cr Jenny Mulholland CARRIED

4.2 YARRA STREET, HEIDELBERG - RAISED SCHOOL CROSSING

SUMMARY

A petition has been received from the Our Lady of Mercy College community requesting Council to investigate safety concerns associated with the school crossing on Yarra Street, Heidelberg. Council investigations highlighted concerns with the speed of vehicles travelling along the street. Based on assessment as per the Local Area Traffic Management Strategy, this section of Yarra Street ranks high amongst the list of streets for future consideration for funding. In consideration of the issues identified during the investigation, the preferred design solution is to retrofit a raised pavement to the existing two school crossings on Yarra Street. The works would be split into two stages, with each stage expected to cost around $35,000. Both stages will be required to be listed in the ten year Capital Works program for future funding consideration. The investigation also highlighted a number of improvements, including the alteration of existing parking restrictions along Yarra Street alongside the school to provide a drop-off facility. Further consultation with affected residents and the school community is currently underway regarding the possible implementation of these restrictions.


That:

1. Discussions be held with Council Officers, Ward Councillor and Our Lady of Mercy College regarding the potential to jointly fund Stage 1 of the proposed Yarra Street traffic treatment;



2. Subject to the successful negotiation with Our Lady of Mercy College in item 1 above, Council list Stage 1 and Stage 2 of the proposed Yarra Street traffic treatment in Council’s 10 Year Capital Works program for future consideration;

3. Consultation be undertaken with Our Lady of Mercy College regarding the possible implementation of short-term parking restrictions in Yarra Street, Heidelberg;

4. Council’s speed trailer be installed in Yarra Street, Heidelberg, for a one week period, as part of the Speed Awareness Program and the local police be notified and requested to patrol the street to enforce the speed limit at morning and peak times;

5. Council continue to advocate to VicRoads for the introduction of a 40km/h area precinct in the Heidelberg Activity Centre;

6. Our Lady of Mercy College be advised accordingly.


4.3 PROPOSED DISCONTINUANCE OF ROAD (SECTION OF ROSE STREET)

ADJACENT TO 1065 HEIDELBERG ROAD IVANHOE

SUMMARY

To authorise the commencement of the statutory procedures to discontinue a section of unconstructed ‘road’, (being part of Rose Street) adjacent to the northern boundary of 1065 Heidelberg Road Ivanhoe, to the abutting owner.


That Council

1. Authorise the commencement of the statutory procedures pursuant to sections Sections 207A and 223 of the Local Government Act 1989 by giving public notice, in the “Heidelberg Leader”, of Council’s intention to discontinue the section of unconstructed ‘road’ (Rose Street) and sell the land currently and the garden bed located on the north eastern corner of 1065 Heidelberg Road Ivanhoe, to the adjoining owner.

2. Consider a further report and hear any submissions received following the closing of the public notice submission period in order to determine whether the section of unconstructed ‘road’ (Rose Street) adjacent to northern boundary 1065 Heidelberg Road Ivanhoe, currently landscaped and fenced, should be discontinued and sold, and to confirm the price for the sale of the land.




4.4 IVANHOE MAJOR ACTIVITY AREA PLANNING SCHEME AMENDMENT

Mr Roger Fyfe spoke on the item. Councillor Jenny Mulholland declared a pecuniary interest in this item under the Local Government Act and took no further part in debate or discussion. Councillor Mulholland left the Chamber at 9:29 pm. SUMMARY

This report provides Council with an update on interim and permanent planning scheme controls for the Ivanhoe Activity Area and recommends minor changes to ensure better design outcomes for higher density apartments and 40 Upper Heidelberg Road. Resolution (CO2013/345)

That Council supports the preparation of editorial changes to Planning Scheme Amendments C91 and C93 and to alter the wording of the draft Design and Development Overlay Schedule 11, including the addition of a new setback standard and changes in relation to 40 Upper Heidelberg Road to guide an improved development outcome for this important gateway site..

Moved: Cr Craig Langdon Seconded: Cr Steven Briffa CARRIED

Councillor Mulholland returned to the Chamber at 9:43 pm. 4.5 PROPOSED SALE OF 1 AND 2 ORR LANE MONTMORENCY

SUMMARY

To determine whether or not the Council-owned land to be known as Nos. 1 and 2 Orr Lane Montmorency should be sold and, if so, by what method and under what conditions.


That the report be deferred to the next council meeting.

Moved: Cr Steven Briffa Seconded: Cr Craig Langdon CARRIED



5. PARTICIPATION – COMMUNITY INVOLVEMENT IN COMMUNITY LIFE

5.1 ANTI RACISM STRATEGY

SUMMARY

This report seeks Council’s endorsement of the Human Rights and Equal Opportunity Commission’s, “Racism – It stops with me” campaign.


That Council:

1. Endorse the Human Rights and Equal Opportunity Commission’s “Racism. It stops with me” campaign.

2. Seek for officers to promote the campaign through available communication channels such as Council’s website, social media tools and use of the campaign logo where appropriate.

3. Have officers identify specific activities which support Council’s stance against racism and link to the Racism. It stops with me Campaign within existing budgets and commitments.

Moved: Cr Craig Langdon Seconded: Cr Tom Melican CARRIED

5.2 WARD FUND ALLOCATIONS

SUMMARY

One Ward Fund Allocation applications have been submitted for consideration:

1 Councillor Name: Cr Rick Garotti

Ward: Grimshaw

Funding Recipient: Watsonia North Preschool

Amount Requested by Applicant: $5000.00

Ward Fund Contribution: $5000.00

Purpose/Reason: Funding will support the purchase of a new play fort which will be of great benefit to current and future children who attend the preschool

Works Completed No

Paid By Applicant Yes/No: No

Please Note: Copy of application forms and supporting documentation provided attached (refer Attachment 1).



QUARTERLY WARD FUND BALANCES

Council adopted the Banyule Council Ward Fund Policy at its meeting on 18 March 2013. Clause 6.4 of the Policy requires Expenditure of Ward Funds per Councillor to be reported quarterly to Council and is to include balances for each fund. The report includes the total expenditure allocated by Council at its meetings from 1/07/2013 to 30/09/2013 inclusive, being the first quarter of the financial year ending 30/6/2014.

Ward Funds Ward Funds

Councillor / Ward Allocated Balance unspent as at For quarter 30/9/2013

Cr Phillips – Beale $ 0 $38,494.90

Cr Mulholland – Griffin $ 4,978.55 $28,500.18

Cr Langdon – Olympia $10,938.62 $19,348.31

Cr Di Pasquale – Bakewell $ 2,930.00 $27,252.36

Cr Garotti – Grimshaw $ 8,610.00 $31,390.00

Cr Melican – Ibbott $ 0 $40,000.00

Cr Briffa – Hawdon $ 6,337.95 $23,680.89


That: 1. The Ward Fund Allocations for Watsonia North Preschool be approved for payment,

subject to all acquittal documentation being provided; 2. The beneficiaries be notified of Council’s decision; and 3. The Quarterly Ward Fund Balances for the period 1/07/2013 – 30/09/2013 be noted.

Moved: Cr Craig Langdon Seconded: Cr Steven Briffa CARRIED



6. PERFORMANCE - USE OUR RESOURCES WISELY

6.1 COUNCILLOR MOTIONS - STATUS UPDATE

Mr Roger Fyfe spoke on the item.

SUMMARY

To provide a report on the current status of Councillor initiated motions.


That Council note the Councillor Motions Status Report.


6.2 ASSEMBLY OF COUNCILLORS

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) the subject of a decision of the Council or; b) subject to the exercise of a function, duty or power of the Council that has been delegated to a person or committee. In accordance with Section 80A of the Local Government Act 1989 Council is required to report as soon as possible to an Ordinary Meeting of Council a record of any assemblies of Councillors held. Below is the latest listing of notified assemblies of Councillors held at Banyule City Council. RECORD OF ASSEMBLIES

1 Date of Assembly: 16 September 2013

Type of Meeting: Councillor Briefing

Matters Considered: Support for Shopping Centres around cleansing, maintenance and Councils City Plan.

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

Staff Present: Simon McMillan, Chief Executive Officer Allison Beckwith, Director – Community Programs Scott Walker, Director – City Development Keith Yeo, Director – Corporate Services Vincent Ryan, Manager – Strategic & Economic Development



Russell Darling, Manager – Operations Ben Smith, Co-Ordinator – Economic Development Nicole Maslin, Economic Development Officer Erica Hardie, Economic Development Officer

Others Present: Representatives from Banyule’s eleven Traders Associations

Conflict of Interest: Nil


Type of Meeting: Meeting with residents

Matters Considered: Ivanhoe Grammar Development Plan Petition to Council regarding consultation on the plan

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

Staff Present: Scott Walker, Director – City Development

Others Present: Robyn Roberts Dave King Ian Frost Nina Kelleher Geoff Purcell




Matters Considered: Items on the Council Agenda for the Ordinary Meeting of 23 September 2013 (excluding confidential items) 1.1 Ivanhoe Grammar School Development Plan Consultation 4.1 Options to introduce parking overlays in Banyule's Activity

Centres 4.2 Banyule Council - Transport Project Advocacy 4.3 Additional Paid Parking Locations in Banyule 5.1 Ward Fund Allocations 6.1 Assembly of Councillors 6.2 Operating Financial Report for Period Ended 31 August

2013 8.1 Flooding of the Darebin Creek 8.2 Victorian Police 8.3 Watsonia Motor Show General Business: Signing of Councillor Code of Conduct Acknowledgment of Olivia Newton-John Wellness Walk Congratulations offered for the official opening of Olivia Newton-John Cancer and Wellness Centre Youth Festival

Councillors Present: Steven Briffa Mark Di Pasquale Rick Garotti Craig Langdon Tom Melican



Jenny Mulholland Wayne Phillips

Staff Present: Allison Beckwith, Director – Community Programs Scott Walker, Director – City Development Keith Yeo, Director – Corporate Services Gina Burden, Manager – Governance, Information and Laws Vincent Ryan, Manager – Strategic & Economic Development Emily Outlaw – Senior Governance Officer Russell Darling, Manager – Operations Cameron Baird, Co-Ordinator – Engineering Services

Others Present: Nil




Matters Considered: Community led programming Carols by Candlelight Energy Saving Plan Northland Structure Plan / Darebin Street Local Government Electoral Review 2013

Councillors Present: Steven Briffa Rick Garotti Craig Langdon Tom Melican Jenny Mulholland Wayne Phillips

Staff Present: Simon McMillan, Chief Executive Officer Allison Beckwith, Director – Community Programs Scott Walker, Director – City Development Gina Burden, Manager – Governance, Information and Laws Vincent Ryan, Manager – Strategic & Economic Development Russell Darling, Manager – Operations Tom Zappulla, Acting Manager – Leisure & Culture Ben McManus, Acting Co-Ordinator – Leisure & Culture Ella Hinkley, Cultural Team Leader – Leisure & Culture Clayton Simpson, Resource Conservation Officer – Environmental Planning John Milkins, Environmental Sustainability Co-Ordinator – Environmental Planning

Others Present: Steve Thorne - Consultant





That the Assembly of Councillors report be received.

Moved: Cr Steven Briffa Seconded: Cr Jenny Mulholland CARRIED

7. SEALING OF DOCUMENTS

7.1 SEALING OF DOCUMENTS


That the Common Seal of the Banyule City Council be affixed to the following documents:

1. Lease and Service Level Agreement between Banyule City Council and Try Australia Children’s Services for a two (2) year term commencing 1 May, 2013 and expiring 30 April, 2015 for the Fairy Hills Kindergarten located at 7 Thyer Road, Ivanhoe.


8. NOTICES OF MOTION

8.1 COUNCILLOR EXPENSE REPORTING


That Cr Langdon be appointed as acting Chair for the remainder of the meeting to allow the Mayor to move a number of motions.

Cr Phillips vacated the Chair.

Moved: Cr Jenny Mulholland Seconded: Cr Steven Briffa CARRIED Cr Wayne Phillips submitted a Notice of Motion.


“That Councils adopted practice of reporting Councillor Expenses (reference Notice of Motion 9.3 dated 23 April 2012) be amended to reflect reporting requirements as legislated under the Local Government Act.”

Moved: Cr Wayne Phillips Seconded: Cr Jenny Mulholland CARRIED



8.2 PLENTY ROAD PRECINCT

Cr Rick Garotti submitted a Notice of Motion.


That the item be submitted to the next council meeting.


9. GENERAL BUSINESS

9.1 MUSIC IN THE MALL EVENT

Cr Langdon thanked the main organisers of Music in the Mall Event Stavros Zikou, Rob Ball, Bec Olsen, Penelope Le Petit and Roz Williams for contribution to a wonderful music experience. I would also like to thank those who funded the event. They being:

-Bell St Mall Traders Association for $8,000

-Office of Multicultural Affairs and Citizenship for $7,000

-Department of Immigration and Citizenship for $1,500

-Banyule Community Safety Fund for $1,800

It was a complete group effort (in terms of funding) that could not have been done otherwise.

The event attracted crowds of people (Est 500+) introducing a completely new demographic into the Bell St Mall.

The feedback was overwhelmingly positive with the general consensus wanting more events like this in the Mall. People loved the musical aspect and how the space in the Mall was transformed.

This was the 4th successful event that Rob and Stavros have delivered in the Bell St Mall this year. Others were: Lunar New Year, Taste of Harmony Lunch and The Iftar / Ramadan Dinner.



9.2 STORMS

Cr Langdon recognised the outstanding effort of the Parks & Garden Staff in addressing the storm and strong wind damage which has occurred from Thursday 26 September. This resulted in 380 requests being received by Banyule’s Parks & Gardens relating to damaged or fallen trees and branches. Cr Langdon believed an emergency response command centre was established as soon as it was realised that major storm damage was occurring. This operated throughout the period of the strong winds and further advised that many of Council’s Tree Care staff worked late into the night on the most storm effected days in order to respond to the worst cases where public safety was potentially at risk. A number of Tree Care staff also worked over the weekends to help address the backlog of urgent request. Even today there still a range of storm related requests coming in as people notice fallen branches in parks and reserves. Finally I am advised that Approximately 90% of all requests received have now been dealt with. Cr Langdon extended his appreciation on behalf of Council to all staff for addressing this issue. 9.3 CITY OF HEIDELBERG BOWLS

Cr Langdon noted and congratulated the City of Heidelberg Bowls club on celebrating their 100th Birthday with an afternoon tea on Sunday 6 October 2013.

10. URGENT BUSINESS 10.1 VICTORIA POLICE BAND


That Council consider an item of Urgent Business

Moved: Cr Jenny Mulholland Seconded: Cr Steven Briffa CARRIED Resolution (CO2013/356)

That Council: 1. Write to the Chief Commissioner of Police, Local State members and the Minister for

Police expressing its total objection to the disbanding of the Victoria Police Show Band and noting that any suggested dismantling of the Band in Council’s opinion will be a major loss for our community and for Victoria as a whole;

2. The CEO and Mayor be authorised to write to all Victorian councils requesting their support of Banyule Council’s position and seeking their response to the disbanding of the Victorian Police Band.

3. Include information in the Banyule Banner advising the community of Council’s objection and asking them to support Council by writing to the Minister for Police and local members of parliament.

4. Attempt to submit a late motion to the MAV State Council meeting to be held in October.




Cr Jenny Mulholland called for a division:

FOR: Cr Steven Briffa, Cr Tom Melican, Cr Jenny Mulholland, Cr Wayne Phillips, Cr Craig Langdon

Absent: Cr Mark Di Pasquale, Cr Rick Garotti The Chairperson declared the motion CARRIED

10.2 DEFERMENT OF INTEREST CHARGES ON RATES PAYMENTS


That Council consider an item of Urgent Business

Moved: Cr Jenny Mulholland Seconded: Cr Steven Briffa CARRIED Resolution (CO2013/358)

That:

1. A reminder letter be sent to all ratepayers regarding outstanding instalment payments and time is allowed for the payment of any remaining unpaid first instalment amounts to be paid by the 23 October 2013.

2. On and after the 24th October 2013 penalty interest will be charged on the outstanding amount from the 30th September 2013.


Closure of Meeting to the Public

That in accordance with Section 89(2) of the Local Government Act 1989, Council close the Meeting to members of the public and adjourn for five minutes to allow the public to leave the Chamber prior to considering confidential item 11.1. Moved: Cr Wayne Phillips Seconded: Cr Jenny Mulholland CARRIED The Meeting was adjourned at 10.32pm. The Meeting was closed to the public at 10.37pm.

DATED:........................... DAY OF ........................... 2013

............................................. CHAIRPERSON

banyule city council om 7 october 2013 minutes

Documents

heidelberg road ivanhoe

confirmation of minutes

pm minutes

upper heidelberg road

ivanhoe grammar school

community life

people community strengthening

circulated subject