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Agenda Monday, 8 April 2019 Ordinary Meeting of Council Olympia, Hawdon & Ibbott Rooms Level 4, 1 Flintoff Street, Greensborough - Council Meeting commencing at 7.00pm - Public Question Time commencing at the conclusion of the Council Meeting

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Agenda

Monday, 8 April 2019

Ordinary Meeting of Council

Olympia, Hawdon & Ibbott Rooms

Level 4, 1 Flintoff Street, Greensborough

- Council Meeting commencing at 7.00pm

- Public Question Time commencing at the conclusion of the Council Meeting

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Ordinary Meeting of Council - 8 April 2019 Page 2

Acknowledgement of the Traditional Owner, the Wurundjeri willam people "Our Meeting is being held on the Traditional Land of the Wurundjeri willam people, and on behalf of Banyule City Council, I wish to acknowledge them as the Traditional Owners. I would also like to pay my respects to the Wurundjeri Elders, past and present, and to the Elders of other Aboriginal peoples who may be here today.”

Apologies and Leave of Absence

Confirmation of Minutes Ordinary Meeting of Council held 18 March 2019

Disclosure of Interests

1. Urgent Business

REPORTS:

2. Petitions

Nil

3. People – Community Strengthening and Support

3.1 Gambling Policy - Gambling Reduction and Harm Minimisation .... 5 3.2 Social Enterprise & Local Jobs Progress Update ........................ 11 3.3 Shop 48 The Harmony Centre - Progress Update ....................... 15

4. Planet – Environmental Sustainability

4.1 2019 Environment Grants Framework and Guidelines ................ 23

5. Place – Sustainable Amenity and Built Environment

5.1 Postcode 3081 Urban Design Framework - Planning Scheme Amendment C120 ....................................................................... 29

5.2 4 Poulter Avenue, Greensborough - Options for public car park to enable redevelopment ................................................................ 38

5.3 State of Assets Report ................................................................ 45

6. Participation – Community Involvement in Community Life

Nil

7. Performance - Use Our Resources Wisely

7.1 Preparation of Council Plan 2017-2021 (Year 3) ......................... 49 7.2 Banyule City Council Budget 2019/2020 - For Public Exhibition .. 58 7.3 Banyule's Electoral Representation Review ................................ 66 7.4 Proposed Lease - Banyule City Council and Heidelberg Theatre

Company Inc - 36 Turnham Avenue, Rosanna ........................... 70 7.5 Award of Contract Number '0976-2018 - Cultural Heritage

Consultant Panel' ........................................................................ 73 7.6 Award of Contract No 0974-2018 - Construction of Pedestrian

Bridge from Wood Street to Olympic Park, Heidelberg West ....... 78 7.7 Award of Contract 0973-2018 'Contractor for Major Civil Works

Panel' .......................................................................................... 83 7.8 Assembly of Councillors .............................................................. 90

8. Sealing of Documents

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Ordinary Meeting of Council - 8 April 2019 Page 3

8.1 Sealing of Documents - Yarra Valley Hockey Club Inc - Cyril Cummins Reserve, 67-71 Liberty Parade, Bellfield ..................... 95

9. Notices of Motion

Nil

10. General Business

Public Question Time

Closure of Meeting

Audio Recording of Council MeetingsPlease note that all Council Meetings are audio recorded, with the exception of

matters identified as confidential items on the Agenda. This includes public participation during the meeting. These recordings will be made available on

Council’s website www.banyule.vic.gov.au.

The next Ordinary Meeting of Council will be held on Monday, 29 April 2019.

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People – Community Strengthening and Support

Ordinary Meeting of Council - 8 April 2019 Page 5

3.1 GAMBLING POLICY - GAMBLING REDUCTION AND HARM MINIMISATION

Author: Jo Van Dort - Health Planner, Community Programs

EXECUTIVE SUMMARY

The purpose of this report is to seek Council approval for the adoption of the Gambling Policy – Gambling Reduction and Harm Minimisation 2019-2022. This policy replaces the 2014 Gambling Policy.

The policy follows best practice, utilises a public health approach to gambling, and reflects changes in the gambling landscape over recent years.

In 2015, Banyule became a supporter for the Alliance for Gambling Reform. This partnership with the Alliance assisted with the preparation of the Background Paper and Draft Gambling Policy – Gambling Reduction and Harm Minimisation.

The Gambling Policy – Gambling Reduction and Harm Minimisation has taken into consideration the increased access to gambling on all media platforms and also the impacts of gambling on the community.

The Gambling Policy – Gambling Reduction and Harm Minimisation has also taken into account the feedback received from community members, Community Organisations, Alliance for Gambling Reform and SJB Planning representing three hotels within the municipality.

RECOMMENDATION

That Council adopt the Gambling Policy – Gambling Reduction and Harm Minimisation 2019-2022.

COUNCIL PLAN

This report is in line with Banyule’s Council Plan key direction to “Support and promote health and wellbeing”. It has particular focus on reducing gambling and preventing personal and social harm from gambling.

Gambling is recognised as a legal activity, however it is acknowledged that local government has a responsibility to explore approaches to reduce gambling, and prevent and reduce harm from gambling in our community.

BACKGROUND

In 2018, Council’s Background Paper on Gambling was been reviewed and updated to reflect the current gambling landscape in Banyule and Victoria – seeAttachment 1. The Electronic Gaming Machine Policy was reviewed and updated to reflect these changes. Part of this included renaming the policy to Gambling Policy – Gambling Reduction and Harm Minimisation 2019-2022 - see Attachment 2.

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The Gambling Policy – Gambling Reduction and Harm Minimisation has taken into consideration the increased access to gambling on all media platforms and also the impacts of gambling on the community. Of all the forms of gambling, the impacts of Electronic Gaming Machines (EGMs) have been the most rigorously researched and documented. This has resulted in a strong focus on harm minimisation from EGMs in the policy, whilst also acknowledging rising concerns of sports and online gambling.

In Banyule there are 635 EGMs, and during 2017-2018, EGM losses averaged $4.8 million per month, totaling more than $58.5 million for the financial year. This was nearly a 5% increase on the loss from the previous financial year, where monthly totals were $4.6 million, and the financial year losses totaled $55.8 million.

Harm from gambling has significant impacts on the community. Financial losses have the greatest impact, but research has also shown that gambling can lead to suicide, depression, relationship breakdown, lowered work productivity, job loss, bankruptcy, and crime. In Victoria, for every person who is identified as a problem gambler, between 7-10 other people, most notable friends, family and employees, are also affected.

Advertising, location, types of gambling and access to gambling options falls under the State Government jurisdiction, which leaves local government little capacity to reduce exposure and access to gambling within the municipality. State government receives revenue from gambling. According to the Victorian Commission for Gambling and Liquor Regulation, in 2016/2017 this amount was more than $1.6 billion.

Local government resources are most efficiently used to advocate for reducing harm within our community, particularly to State Government to reform the regulations. Creating greater community awareness is also important for both building knowledge about support available, as well as creating support for gambling reform. Supporting social and recreational activities that provide alternatives for gambling is also important.

LEGAL CONSIDERATION

There are no direct legal implications arising from the recommendation contained in this report.

HUMAN RIGHTS CHARTER

In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Victorian Charter of Human Rights and Responsibilities.

It is considered that the subject matter does raise issues relating to the Charter, specifically “the right to protection of families and children”. This right includes matters which impact and affect the welfare of children within the family. There has been much debate and research showing the impact of gambling on families, including financial stress, family violence and child welfare.

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People – Community Strengthening and Support

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ADVOCACY

As State Government holds jurisdiction for gambling, advocacy is the main area of action local government can use to reduce harm from gambling. The key advocacy action that Banyule have taken is to become a Leading Local Government partner of the Alliance for Gambling Reform. This partnership requires Banyule Council to contribute $25,000 per annum to support the research and advocacy work that the Alliance undertake. The Alliance is 100% funded by donations from individuals and foundations that do not have ties with the gambling industry, and are not affiliated with any political party.

Recent work undertaken by the Alliance includes the ‘Pokies Play You’ campaign, and promotion of ‘Ka-Ching! Pokie Nation’ documentary. Banyule Council has participated in these activities through action such as hosting community screenings of the documentary and publicly supporting the ‘Pokies Play You’ campaign. The Alliance also assisted with the development of the Gambling Policy – Gambling Reduction and Harm Minimisation, and provided feedback on the draft.

The Alliance have also been active in advocating for changes to Sports Betting in Australia. Their 2017/2018 Sports Betting Campaign focused on preventing normalisation of gambling, harm minimisation of participating in sports betting, and developing strong legislation of sports betting.

Banyule Council participated in this action through advocating directly to politicians for the removal of sports betting advertising from live sporting broadcasts and during children’s television viewing times.

The Alliance have also been working to create reform for illegal off-shore gambling, making recommendations for government regulation, harm minimisation, anti-money laundering legislation and enforcing procedures to prevent children from accessing and participating in online gambling.

Banyule staff also attend and participate in two peak local government advocacy and network groups: the Local Government Working Group on Gambling, and the Municipal Association of Victoria’s Local Government Gambling, Alcohol and Other Drugs Issues Forum.

CURRENT SITUATION

Banyule’s previous gambling policy was adopted in May 2014, and was solely focused on EGMs. Since this time there have been considerable changes in the policy context and community awareness regarding harms from EGMs. There have also been considerable changes in sports betting and online betting, with access to gambling increasing through improvements in smart phone technology and increased promotion through traditional and digital media.

EGMs are still a significant contributor to gambling losses. There are 635 EGMs in Banyule across 9 different venues, and they are used at least occasionally by 20-25% of Banyule residents. Australia has 20% of the world’s EGMs compared to 0.3% of the world’s population. Australia has the world’s highest losses per person on gambling, with EGMs being responsible for over two thirds of gambling losses.

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As well as a strong relationship between EGM losses and social disadvantage, the density of EGMs available also impacts on the financial level of loss, and the highest mean annual EGM losses occur in the most disadvantaged areas, where the density of EGMs is also the highest.

Sports betting and online gambling have increased between 10 and 20% per annum since 2012, with sports betting estimated to be 41% of all online gambling. There is limited data on losses and expenditure of these forms of gambling, and analysing data at a local Banyule level is not possible.

For further information on gambling losses and impacts of changing legislation, please see the Gambling Policy 2018 Background Paper in Attachment 1, which has been updated by the Alliance for Gambling Reform.

FUNDING IMPLICATIONS

There are no funding implications in adopting this policy. A 2019 Banyule Gambling Reduction and Harm Minimisation Action Plan has been developed and will be implemented within existing budgeted resources.

POLICY IMPLICATIONS

There are no policy implications arising from this report. Banyule has an existing EGM policy (which expired in May 2018), and reducing harm from EGMs is identified in the Council Plan 2017-2021, under the People key direction of Develop and promote safety and resilience in our community.

CONSULTATION

The Banyule Electronic Gaming Machine Policy underwent scheduled review in May 2018. The new draft policy, renamed Banyule Gambling Policy 2018-2022 underwent a two week consultation in May which included: ‘Shaping Banyule’ – Council’s online consultation platform; a community forum at Shop 48; and direct contact with key stakeholders including venues with EGMs. Minimal feedback was received during this consultation period.

A further four-week consultation occurred in June/July 2018 via Shaping Banyule. Ten forms of feedback were received, with the majority of respondents supportive of the Draft policy. Some respondents requested Council take a firmer stance on issues relating to EGMs. One respondent representing three hotels in Banyule with EGMs was less supportive of the new policy.

Councillors also provided feedback on the draft via two Councillor briefing meetings and a survey to clarify points of feedback. Following this, the name of the policy was changed to Gambling Policy – Gambling Reduction and Harm Minimisation 2019-2022.

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People – Community Strengthening and Support

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DISCUSSION

Gambling is a legal activity in Victoria and can be used by many people as a recreational activity with no negative impact on their health and wellbeing. However people who gamble at low- and medium-risk levels are also at risk of experiencing negative impacts, as well as people who identify as having a gambling problem.

This policy provides guidance for Council action to minimise harm from gambling in the Banyule community.

Policy goals include:

1. Actively work to reduce adult financial losses from gambling in Banyule.

2. Ban the use of Council Wi-Fi for online gambling.

3. Ban any form of advertising for gambling on Council operated facilities.

4. Inform the community on programs and services available to prevent gambling harm.

5. Advocate to the State Government on reforms in the gambling landscape.

6. Partner with the local government networks, and community organisations such as the Alliance for Gambling Reform to utilise their expertise in broader advocacy issues.

7. Support community based organisations in Banyule that generate some of their income from gambling activity to reduce their reliance on gambling income streams.

8. Meet its requirements as a responsible authority in accordance with the Planning and Environment Act 1987.

These policy goals will provide guidance to Council on dealing with matters relating to reducing gambling avenues and opportunities within Banyule and neighbouring areas, as well as work in areas of harm minimisation and community education and awareness raising. With limited decision making ability, advocacy is the other main avenue Council has for reducing gambling associated harm.

OFFICER DECLARATION OF CONFLICT OF INTEREST

Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates.

Council officers involved in the preparation of this report have no conflict of interest in this matter.

CONCLUSION

The recommendation is for Council to adopt the Gambling Policy – Gambling Reduction and Harm Minimisation 2018 – 2022.

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People – Community Strengthening and Support

GAMBLING POLICY - GAMBLING REDUCTION AND HARM MINIMISATION cont’d

Ordinary Meeting of Council - 8 April 2019 Page 10

ATTACHMENTS

No. Title Page

1 Banyule Gambling Background Paper 2018

2 Gambling Policy – Gambling Reduction and Harm Minimisation 2019-2022

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People – Community Strengthening and Support

Ordinary Meeting of Council - 8 April 2019 Page 11

3.2 SOCIAL ENTERPRISE & LOCAL JOBS PROGRESS UPDATE

Author: Jane Nixon - Internship & Volunteer Program Officer, Community Programs

Previous Items Council on 04 Jun 2018 7.00pm (Item 3.2 - Social Enterprise and Local Jobs

Creation)

EXECUTIVE SUMMARY

The Social Enterprise & Local Jobs team was established in October 2018 and is responsible for bringing innovative approaches to local employment opportunities in Banyule through the development of social enterprises and labour market programs.

The key achievements to date are:

• Establishment of Councils first Internship Program and the placement of 11 Interns.

• Co-Design of a Social Enterprise Strategy with the Community. • Establishment of Social Enterprise Tailored Partnerships. • Review of Councils sustainable procurement framework and opportunities. • Support of Social Enterprises to gain access to new market opportunities

via sustainable procurement.

This report has been prepared to provide Council with an update on the progress of the Social Enterprise & Local Jobs team.

RECOMMENDATION

That: 1. Council note this report and continue to support the Social Enterprise &

Local Jobs initiative

2. A further report be presented to Council on Social Enterprise & Local Jobs at the conclusion of the current round of 6 month Internship placements.

COUNCIL PLAN

This report is in line with Banyule’s Council Plan key direction to “Stimulate business, employment and investment opportunities”.

BACKGROUND

The Banyule Council Plan (2017 – 2021) sets out Council’s priorities and direction over four years. The Plan includes a key direction to “Stimulate business, employment and investment opportunities” and focus areas to:

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• Encourage and assist the development of small business and social enterprise. • Partner with agencies that support training and employment opportunities. • Proactively lead employment opportunities for disadvantaged communities and

people with disabilities. • Work in partnership with agencies that strengthen investment opportunities.

This is supported by Council’s Economic Development Plan 2015 – 2020 that references the issue of unemployment and suggests activities and initiatives to respond.

To meet the objectives of Banyule Council Plan (2017-2012) the Social Enterprise & Local Jobs team was established in October 2018. This team is responsible for the development of Social Enterprise partnerships across Banyule and creating innovative approaches to employment through Council led labour markets programs.

This report has been prepared to be considered by Council to highlight the work to date and Council’s investment in these programs.

LEGAL CONSIDERATION

There are no direct legal implications arising from the recommendation contained in this report.

HUMAN RIGHTS CHARTER

In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Victorian Charter of Human Rights and Responsibilities.

The content in this report enhances the rights of those in community facing barriers to employment, which in Banyule includes young people, people with a disability, Aboriginal & Torres Strait Islander people and those newly arrived from culturally and linguistically diverse backgrounds.

PROGRESS OF SOCIAL ENTERPRISE & LOCAL JOBS TEAM

The Social Enterprise & Local Jobs Team have two primary pillars for success, the Local Jobs for Local People program and Social Enterprise Development.

Local Jobs for Local People.

The first initiative is the Internship Program.

Internship Program: A newly established program which provides 6 month paid internship opportunities to local people facing barriers to employment to gain work experience and develop their skills within Council.

• Received 74 expressions of interest from members of the community. • Appointment of 11 interns across all four Directorates that commenced on the

1st of February 2019. • Selection, job matching, recruitment, on-boarding & induction processes

successfully redesigned to enable accessible and equitable processes. • Designed a theory of change and program logic model.

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People – Community Strengthening and Support

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Ordinary Meeting of Council - 8 April 2019 Page 13

• Designed the Internship program framework which includes development opportunities within each program milestone to support professional growth.

• Designed and implemented an evaluation framework. • An evaluation of the program will be completed in December 2019 and will

include recommendations for program improvement.

Over the next 12 months, Council will explore other programs to be aligned within he local jobs for local people framework. This includes volunteering and work experience opportunities.

Volunteer Program: Over the next 12 months Council will work to centralise the Volunteer involvement at Banyule by establishing an organisational wide volunteer management solution. This will enable a central view of current activities, reduce complexity and variation and support greater access to volunteering opportunities.

Social Enterprise Development The Social Enterprise & Local Jobs team has been collaborating with the community to better understand the ecosystem that Council aims to support, and the key challenges and opportunities requiring a response.

Co-Design of a Social Enterprise Strategy with Community: • Over 100 conversations with individuals operating in the social purpose sector

seeking to collaborate with Council. • Distribution of a Banyule Social Enterprise Development Survey; 102

responses received and 21 people expressed interest in being part of a Working Group that will collaboratively develop a Social Enterprise Strategy.

• Two Social Enterprise Working Group meetings facilitated.

Tailored Partnerships: • Araluen’s Social Enterprise ‘Chancez Café’:

o Possum Hollow Kiosk lease agreement commenced 1st of March 2019, for a one year term with options.

o Official opening of the Kiosk to take place on 2nd May 2019. o Collaborative graffiti project with Youth Services to commence

approximately April 2019. • Rosanna Train Station Café Kiosk:

o Finalising lease agreement with Metro and preparing for expression of interest process to attract a social enterprise trader.

• Mocha 3081 Café: o Young Entrepreneur Fund Bell St Mall Cultural Precinct successful;

partnership contract signed, will support the business to transition to a social enterprise that creates training and employment opportunities for local Somali youth.

• Bell St Mall Cultural Tours: o Cultural Precinct Tourism funding successful; continued social

enterprise mentoring support provided to young female founders to start a cultural tours focused social enterprise.

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People – Community Strengthening and Support

SOCIAL ENTERPRISE & LOCAL JOBS PROGRESS UPDATE cont’d

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Sustainable Procurement: • Continued collaboration with Procurement Services Team to review Councils

sustainable procurement framework and opportunities. • Supported Social Enterprises to be aware of and gain access to new market

opportunities via sustainable procurement; o Successfully transitioned Councils fruit delivery service to Fruit2Work

for 12 months (with 2 x 1 year extensions). o Successfully transitioned Councils mattress recycling contract to Soft

Landing for 6 months. o Request for quotes procured for Bellfield site garden services, Twilight

Sounds festival catering, Kids ArtyFarty Fest stallholders and Shop 48 cleaning services.

o Facilitated introduction of Outlook Environmental Services to Councils Waste Management Team; identified sustainable procurement and labour market hire opportunities.

DISCUSSION

The establishment of the Social Enterprise & Local Jobs team has been successful to date. Significant progress has been made in establishing tailored partnerships and supporting the growth of social enterprises across Banyule. Equal progress has been made in creating innovative approaches to employment, with the successful placements of 11 Interns as part of the Internship Program.

OFFICER DECLARATION OF CONFLICT OF INTEREST

Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates.

Council officers involved in the preparation of this report have no conflict of interest in this matter.

CONCLUSION

The continued work of the Social Enterprise & Local Jobs team will provide further opportunities to support the development of Banyule’s social enterprise objectives and facilitating local jobs creation for vulnerable communities.

ATTACHMENTS

Nil

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3.3 SHOP 48 THE HARMONY CENTRE - PROGRESS UPDATE

Author: Frances Gianinotti - Youth & Community Services Co-Ordinator, Community Programs

Ward: Olympia

EXECUTIVE SUMMARY

In 2014, Council assumed responsibility for the establishment and implementation of Shop 48 The Harmony Centre (S48HC). The facility opened to the public in November 2016 and has developed into a welcoming and busy community space.

Over the past 3.5 years, S48HC has continued to develop as a community facility for the local community with substantial progress made in both the refurbishment and use of the space and licencing of tenant agencies.

In the first half of this financial year, from July to December 2018, visits to the centre totalled 9,285. This is an increase of 60% from the same period in 2017 when the centre recorded a total of 5,804 visits.

The key components of S48HC are:

• A Community Information Referral and Support Service; • Co-located community services – tenant agencies; • Bookable community spaces; • Activities and programs to engage the community.

Many infrastructure improvements have taken place and some are currently in progress.

This reports provides Council with an update on the progress of these key components and the facility operations.

RECOMMENDATION

That:

1. Council note the progress report on Shop 48 The Harmony Centre; and

2. The 2018/19 Annual Report for Shop 48 The Harmony Centre be submitted to Council in October 2019.

COUNCIL PLAN

This report is in line with Banyule’s Council Plan key direction to “Support and promote health and wellbeing”.

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Ordinary Meeting of Council - 8 April 2019 Page 16

BACKGROUND

Council entered into a 10 year commercial lease in 2014 to establish Shop 48 The Harmony Centre (S48HC) in the Mall, Heidelberg West. The vision set for S48HC to provide an easily accessible range of information and support services to the local 3081 community and Banyule community more broadly remains unchanged. The facility has developed into a welcoming community space, a focal point for local residents, including a number of co-located services, interview rooms and spaces for programs, activities and meetings.

The key components of S48HC are:

• A Community Information Referral and Support Service delivered by Banyule Support and Information Centre (BANSIC) to provide residents with access to information and referrals on a very broad range of activities, services and entities.

• A range of co-located community services appropriate to and engaging with the local community.

• Bookable spaces – a range of spaces which can be used by the community for a variety of reasons, including meetings, education, activities, etc.

• Volunteer co-ordination and support – delivered by Volunteers of Banyule, a service for locals to register interest in volunteering, and to participate directly in S48HC activities and within the broader local community.

• Activities and Programs – a range of opportunities aimed at engaging the local community.

LEGAL CONSIDERATION

There are no direct legal implications arising from the recommendation contained in this report.

HUMAN RIGHTS CHARTER

In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Victorian Charter of Human Rights and Responsibilities.

It is considered that the subject matter does not raise any human rights issues.

CURRENT SITUATION

Since the last report to Council in October 2018, S48HC has continued to maintain its focus as a community space for local residents that offers a range of services, interview rooms, spaces for programs, activities and meetings. In the first half of this financial year, from July to December 2018, visits to the centre totalled 9,285. This is an increase of 60% for the same period in 2017 when the centre recorded a total of 5,804 visits.

An update on each of the key components of S48HC is provided below:

Community Information Referral and Support Service (BANSIC)

BANSIC is well established at S48HC and has been operating from this site since the 3rd April, 2018. Operating hours are from 10 am to 3 pm. Negotiations are currently

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underway as part of the development of the 2019/20 Service Level Agreement to increase its operating hours from the 1st July 2019.

The service is in high demand and since relocating to S48HC, it has increased its patronage by 54% as at January 2019 compared to January 2018 and averaged 277 clients per month in a range of service responses including emergency relief.

Co – located community services - tenant agencies

The desk lease capacity of S48HC is 40 and currently there are 30 desks leased with 10 desks vacant. Marketing of available spaces to the facility is ongoing.

As at the end of March 2019, there were 13 organisations and agencies co-located at S48HC:

Agency Desks Level

Merri Outreach Support Services (MOSS) 2 Ground floor

Banyule Support and Information Centre (BANSIC) 4

Interact 1

Somali Australian Council of Victoria SACOV 3

Himilo Community Connect 5

Relationships Australia 1

Volunteers of Banyule (front foyer) -

Total ground floor desks tenanted 16

A Better Place financial counselling 1 First floor

Mission Australia 4

CVGT Australia 1

Leisure Networks 5

The Bridge (Youth Employment Service) 1

E-Focus (Parents Next) 2

E-Focus - training room -

Total first floor desks 14

The upstairs training room can host up to 20 people and is used daily with a range of training courses facilitated by E-Focus.

In 2018/19, the current tenancies represent a rental return of $166,100.

Bookable spaces

The bookable spaces at S48HC are highly utilised. There are three large rooms and 6 smaller rooms for hire. Fees and charges for the bookable spaces are set annually to ensure that the spaces are financially attractive to users whilst covering the cost of cleaning and maintenance. In this financial year income is forecast at $10,000.

Volunteer co-ordination and support

Volunteers of Banyule (VOB) operate a twice weekly service in the front foyer of S48HC at which volunteers seeking volunteering opportunities and organisations seeking volunteers can register their interest. Since moving to S48HC in July 2018, VOB has experienced a noticeable increase in the number of people seeking face to

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face support including an increase in direct referrals from other tenants operating from the facility.

Activities and Programs Meeting room spaces and client interview rooms are well utilised by both tenants and external community groups and organisations. Currently Centrelink and a pro bono migration legal service have out posted services operating weekly from S48HC. Regular activities and programs are offered through Olympic Adult Education (language classes), University of the Third Age (variety of classes) and Himilo Community Connect (homework groups, youth leadership programs).

FUNDING IMPLICATIONS

Council holds a lease for S48HC which expires in 2024, with two 5 year options. This financial year the lease cost is $84,218 with each year attracting annual CPI increases. Council is committed to working towards a financial cost reduction model. Within current and projected estimates, there are some challenges in achieving this outcome, mainly in regards to bookable spaces and offset rental income which are further detailed below.

Following on from the previous progress report to Council on 29th October, 2018, below is a summary of the 2017/18 actual cost to Council and projected next 3 years’ budget.

Shop 48 – 3 year Strategic Budget 2017/18 2018/19

(forecast) 2019/20 2020/21

INCOME 170,598 245,806 246,430 203,052Rent Income (tenants)

89,005 166,100 177,100 181,527

Bookable spaces 13,575 10,000 21,000 21,525Rental Offset – HCOA rental

68,018 69,706 48,330*Lease expires February 2020

0 *No income

guaranteed as current lease

expires February 2020

EXPENDITURE 306,132 423,550 433,965 443,906Facility outgoings / operational costs

** 222,821 **339,332 347,642 355,425

Lease Fee 83,311 84,218 86,323 88,481

NET 135,534 177,744 187,535 240,854** Please note- salary savings of approx. $36,000 in 2017/18 due to only 9 months employment of Facility Manager; salary increases in 2018/19 due to new full time position of Administration Officer.

In 2018/19, tenancy fees increased from $3,100 per desk per annum to $5,500 per desk per annum in response to growing operating costs. The expected tenancy income based on current tenancies is $166,100 for 2018/19.

Income from bookable spaces is forecast at $10,000, a reduction from last financial year of $13,575. This is primarily due to the conclusion of two long standing

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People – Community Strengthening and Support

SHOP 48 THE HARMONY CENTRE - PROGRESS UPDATE cont’d

Ordinary Meeting of Council - 8 April 2019 Page 19

bookings as well as less demand for bookings of the open spaces in the front foyer and mezzanine area which do not offer private and dedicated spaces. In the case of the mezzanine area, due to lack of accessibility to the first floor, this further limits the appeal of the space.

Rental income received from another Council property is committed to offset the S48HC facility rental in the medium term. However, the lease for this property is due to expire in February 2020 with further 3 x 2 year options. Therefore future rental income cannot be guaranteed. S48HC’s net cost to Council may be impacted upon in both 2019/20 and 2020/21 as a result.

The employment of a Facility Manager from October 2017 and an Administration Officer from January 2019 has increased overall operating expenses from this financial year onwards.

INFRASTRUCTURE IMPROVEMENTS

There have been a number of improvements to the facility over time which make S48HC a much more comfortable, secure and effective space. In February, 2019, CCTV was installed in the internal public areas.

Current works underway include: • The redesign of the reception area to include a reception counter; • Installation of additional storage cupboards; • Construction of partition walls (part glass and part plaster) in front foyer and

mezzanine to provide sound proof and enclosed bookable spaces; partition in downstairs office area to improve security for tenants and staff by separating the interview rooms from the office;

ONGOING CHALLENGES

Although S48HC is stable in its operations with the potential for growth in a number of areas including increased tenancies and usage of bookable spaces, there remain a number of challenges outlined below.

Accessibility within S48HC

S48HC has undergone significant refit in converting it from a retail store. It does have a significant barrier which impacts on the amenity of the facility – limited access to the upper floor by a lift. Feedback from the community and staff/tenants confirm the need for this upgrade. External funding/grant opportunities in partnership with existing tenants to secure funding for a lift have been pursued with unsuccessful outcomes to date.

The Facility

Council has leased the building until June 2024 with further options of 5 x 5 year lease extensions. Whilst not custom built in its physical design, S48HC is proving to be a successful community based model and is well established.

Consideration needs to be given to Council’s options post June 2024 when the current lease expires. General observation is a continuing presence within the Mall shopping precinct is ideal as it is central to the 3081 community. Anecdotally, the

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People – Community Strengthening and Support

SHOP 48 THE HARMONY CENTRE - PROGRESS UPDATE cont’d

Ordinary Meeting of Council - 8 April 2019 Page 20

presence of S48HC has brought increased business to the broader shopping precinct because of the number of visitors. Options for Council consideration may include:

• Extension of the current lease in the medium term; • Relocation to a Council owned site within the 3081 area; • Purchase and or construction of a new building in the 3081 area; • Partnership opportunities for redevelopment of the current site and other sites

as identified. Council officers to further explore the above and other identified options over the next 12-18 month period.

Financial outcomes

Whilst S48HC is continuing to develop, there have been increases in revenue through tenancies and bookable spaces as well as increased usage of the space since it opened in 2016.

The expectation is that the overall financial position of S48HC is one that will continue to improve through the cost reduction model and reach a ‘steady state’. However, the risk to Council is that full tenancy occupancy is not achieved or maintained and therefore its costs for the facility will not be reduced, but potentially increase over time.

Legal / Governance Framework

Since its concept and establishment, there have been a number of discussions about the preferred long term management structure for S48HC. As it stands today, it is under the management and direction of Council. The recent employment of a full time Facility Manager and full time Administration Officer has further consolidated Council’s commitment to its community and to maintaining and developing the facility.

The alternative of a community based management model established through a service contract between Council and a relevant organisation is less ideal under current circumstances. The nature of S48HC operations, the mix of tenants and activities, and its location, the profile and reputation of the facility, all contribute to making it a dynamic environment. The option of Council continuing to manage S48HC in the longer term is one for further consideration of Council.

Vulnerable residents

There are regular incidents at S48HC involving vulnerable residents affected by substance abuse and or mental illness and displaying aggressive and dangerous behaviour. These incidents present ongoing challenges for staff, tenants, clients and other visitors, often creating uncertainty and concerns about personal safety in that space. Emergency protocols and increased safety measures have been put in place to strengthen responses and mitigate risks. It must be acknowledged that the unpredictability of presenting behaviour and incidents greatly vary and this makes any well planned strategies difficult at times.

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People – Community Strengthening and Support

SHOP 48 THE HARMONY CENTRE - PROGRESS UPDATE cont’d

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OFFICER DECLARATION OF CONFLICT OF INTEREST

Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates.

Council officers involved in the preparation of this report have no conflict of interest in this matter.

CONCLUSION

S48HC has been in progressive implementation and growth since late 2016 and has emerged as a thriving community space which offers a range of services for the local community.

Substantial progress has been made in both the use of the spaces, visits to the centre and licencing of tenant agencies, with the facility striving towards full occupation to achieve its major objectives.

There remain a number of challenges facing S48HC including completion of the facility, full tenancy of the space, achieving a sustainable operating model, and confirming the legal, governance and financial framework into the future.

An annual report for 2018/19 will be presented to Council in October 2019.

ATTACHMENTS

Nil

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Planet – Environmental Sustainability

Ordinary Meeting of Council - 8 April 2019 Page 23

4.1 2019 ENVIRONMENT GRANTS FRAMEWORK AND GUIDELINES

Author: Ellie Hall - Environment Project Officer, City Development

EXECUTIVE SUMMARY

Forming part of the Climate Action Package endorsed by Council on 10 December 2018, the Environment Grants have in principle been allocated an extra $50,000 per annum over the next two years, subject to budget approval.

In order to reach new demographics and return tangible outcomes with this new allocation, a review of the grants program and an extensive consultation process has been undertaken.

This has led to the design of a new proposed structure to the Environment Grants which targets small business, youth, community groups and local households and which can produce measurable, tangible environmental benefits in Banyule.

RECOMMENDATION

That Council:

1. Approves the proposed structure of the 2019 Environment Grants, comprising:

• LED Leaders Pilot - $15,000 • Business Energy Audits - $5,000 • Green Training Fund - $15,000 • Youth Climate Action - $15,000 • Environment Project Grants - $40,000 • Community Workshop Grant - $15,000 • Home Energy Audits (apply online for free audit)

2. Allocates appropriate funding for the Environment Grants in the 2019-2020 Council Budget.

COUNCIL PLAN

This report is in line with Banyule’s Council Plan key direction to “Be environmental stewards”.

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Ordinary Meeting of Council - 8 April 2019 Page 24

BACKGROUND

The Banyule Environment Grants have been running annually since the mid-1990s. The grants provide financial assistance to community groups to undertake environmental action. The total funding amount was increased in 2018 from $50,000 to $75,000 and encompassed three streams:

• Environmental Sustainability Grants ($50,000) • Home Energy Audits ($15,000) • Community Sustainability Workshops ($10,000)

As part of the resolution on Climate Action (CO2018/267) passed on 10 December 2018, Council proposed a further increase of Environment Grants funding by $50,000 per annum over the coming two years. This will strengthen support for the Banyule community to undertake environmental and climate change abatement related projects.

The total pool for Environment Grants for 2019 is therefore proposed to be $125,000, subject to formal budget approval processes.

LEGAL CONSIDERATION

There are no direct legal implications arising from the recommendation contained in this report.

HUMAN RIGHTS CHARTER

In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Victorian Charter of Human Rights and Responsibilities.

It is considered that the subject matter does not raise any human rights issues.

CONSULTATION

As part of a review of the current grants program, and through the development of a proposed new structure, public comment has been sought. The consultation program included an online platform via Shaping Banyule and direct consultation with the Banyule Environment Advisory Committee (BEAC). Internal stakeholders were also consulted throughout the process.

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Planet – Environmental Sustainability

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Ordinary Meeting of Council - 8 April 2019 Page 25

The review of the current grants programs produced the following findings:

Review Stage Findings

Positive Charge – review of Home Energy Audits

• The majority of participants found they had ‘a positive learning experience’, that ‘the auditors were knowledgeable and skilful’ and ‘they were provided practical ways to reduce energy consumption.’

• Participants noted that the time spent with the assessor at their home was the most valuable aspect.

Best practice review of other offerings (i.e. other Councils, State Gov, NGOs)

• Highlighted a gap in investment for sustainable business in Banyule.

• Found innovative ways to build capacity in environment volunteers.

Shaping Banyule Community Consultation

• Community appreciated being able to speak with an Officer on the phone to judge their application viability, but mentioned that they would like more officer support throughout the project delivery period, especially in relation to project management.

• Suggested a raise in the single grant amount in the project pool.

• Advised to keep process simple for time poor volunteers.

DISCUSSION

After careful consideration and engagement with relevant internal and external stakeholders it is now considered that Council should approve a new structure to the grants program that includes:

• LED Leaders Pilot - $15,000

A pilot project to install replacement LED lights across businesses within a nominated activity centre in Banyule. This would see Council paying the gap after accessing the Victorian Government’s Energy Saver Incentive Scheme (VEET subsidy). This project will save businesses on their power bill (approximately $160 per annum for ten lights) as well as lowering emissions (approximately 0.7 tonnes for ten lights).

• Business Energy Audits - $5,000 (apply online for free audit)

The Business Energy Audits would form part of the new Business Grants offering, subject to Council approval. It would allow for five business audits, with contingency for more if demand becomes oversubscribed. These audits

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Planet – Environmental Sustainability

2019 ENVIRONMENT GRANTS FRAMEWORK AND GUIDELINES cont’d

Ordinary Meeting of Council - 8 April 2019 Page 26

would provide businesses with a list of potential energy saving initiatives, information on renewable energy in their specific context and a review of their energy supplier to ensure they are receiving the best price.

• Green Training Fund - $15,000 (80% reimbursement up to $1,500)

This fund will provide financial assistance to environmental volunteers in Banyule to access capacity building training. Council would fund 80% of admission fees into short courses and conferences which deal with sustainability, land management or conservation, climate change or environmental behaviour change. This fund would be available to those volunteering with or involved in our community environment groups.

• Youth Climate Action - $15,000 (up to $3,000 per application)

In response to the 2018 Youth Summit recommendation, this grant allows 14 – 24 year olds to lead action in their school or community to ensure a safe and stable climate for future generations.

• Environment Project Grants - $40,000 (up to $10,000 per application)

This funding pool aligns with the traditional project grant and is open to projects which supports the Planet key directions; biodiversity, energy, stewardship, waste and water. Note: individual grant maximum amount raised from $8,000 to $10,000.

• Community Workshop Grant - $15,000 (up to $3,000 per application)

This will be the second year of these workshop grants. Initial feedback from the community regarding the 2018 workshop series has been positive and has indicated there is ongoing enthusiasm to conduct this grant pool again in 2019.

• Home Energy Audits (apply online for free audit)

Feedback from the review of the 2018 Home Energy Audits were positive, and actions are being taken by households to reduce their energy use. In 2019 the home energy audits will enable households to lower energy use in line with climate action and the renewed focus on community emissions.

Total grant funding amount $125,000

All grant pools will have guidelines and accompanying application and evaluation processes designed to ensure simplicity and measurability to encourage quality submissions and projects.

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Planet – Environmental Sustainability

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TIMELINES

OFFICER DECLARATION OF CONFLICT OF INTEREST

Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates.

Council officers involved in the preparation of this report have no conflict of interest in this matter.

CONCLUSION

Comments and feedback obtained throughout the review of the current grants structures and via consultation with community members, businesses, traders associations, young people and internal departments has been incorporated into the design of the proposed 2019 Environment Grants.

The proposed grants structure will reach new demographics and produce tangible outcomes in line with Council’s Climate Action Package.

ATTACHMENTS

Nil

Development of guidelines,

application and evaluation

processes- April

Development of communications plan - April/May

Grants workshop -May 15th

Grants Open - July 1st

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Place – Sustainable Amenity and Built Environment

Ordinary Meeting of Council - 8 April 2019 Page 29

5.1 POSTCODE 3081 URBAN DESIGN FRAMEWORK - PLANNING SCHEME AMENDMENT C120

Author: Klover Apostola - Acting Principal Strategic Planner, City Development

Previous Items Council on 11 Dec 2017 7.15pm (Item 5.8 - Postcode 3081 Urban Design Framework

and Amendment C120)

EXECUTIVE SUMMARY

The Postcode 3081 Urban Design Framework (UDF) was prepared in response to the State Government’s identification of the area in Plan Melbourne as a focus for housing renewal and growth, to support the expansion of the La Trobe National Employment and Innovation Cluster (NEIC). It was developed in consultation with the community in 2017, and provides built form and landscape guidance to ensure this growth and renewal is delivered in an appropriate way.

Banyule Planning Scheme Amendment C120 was prepared to implement the guidance of the UDF in the Banyule Planning Scheme by: • Rezoning some General Residential Zone Schedule 1 (GRZ1) properties to

the Residential Growth Zone (RGZ) to allow increased heights in some areas, and to the General Residential Zone Schedule 2 (GRZ2) to restrict growth and protect the character of others.

• Applying design guidelines to the RGZ properties, through new schedules to the Design and Development Overlay (DDO).

• Updating Banyule’s Municipal Strategic Statement to identify the vision for the 3081 housing renewal area.

It was exhibited for an extended period of 10 weeks, from 23 August – 2 November 2018, and Council received 50 submissions. Many expressed support for the proposal, but concerns were also raised including the impact on character and amenity, availability of public transport, traffic and car parking issues, provision of infrastructure and services, and decreased development potential in the areas to be zoned GRZ2.

The review of submissions has revealed improvements that could be made to Amendment C120 before proceeding to an independent Planning Panel for review of submissions that cannot be resolved.

Council can now consider a number of options for proceeding with Amendment C120, as outlined in this report. Option 3, which includes minor changes to the Amendment and UDF, as well as zoning changes and reviewed height limits, could address a number of submissions, and provide significant improvements to the overall proposal.

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Place – Sustainable Amenity and Built Environment

POSTCODE 3081 URBAN DESIGN FRAMEWORK - PLANNING SCHEME AMENDMENT C120 cont’d

Ordinary Meeting of Council - 8 April 2019 Page 30

RECOMMENDATION

That Council:

1. Proceed with Amendment C120 in accordance with option 3 as outlined in this report including:

a) Minor changes to revise the application of zone and overlay controls.

b) Minor changes to provide clarity within the zone and overlay controls.

c) Reviewed zoning for the Hinterland Area. d) Reviewed height limits for the Creekside Area, key sites, some local

streets, and areas around some parks and schools. e) Consequential revisions to the Urban Design Framework.

2. Request that the Minister for Planning appoint a Planning Panel to consider any unresolved submissions to Amendment C120.

3. Advocate to the State Government for additional bus services in the short term within postcode 3081 and the wider area.

COUNCIL PLAN

This report is in line with Banyule’s Council Plan key direction to "Preserve and improve Banyule as a great place to live, work and play".

BACKGROUND

The State Government’s metropolitan planning strategy, Plan Melbourne 2017-2050, includes Postcode 3081 in the La Trobe National Employment and Innovation Cluster (NEIC). Housing renewal and diversity needs to be provided in the cluster to support the desired expansion of job opportunities and employment growth.

Council’s Residential Areas Framework in the Banyule Planning Scheme already supports urban renewal across parts of 3081, but further guidance is needed to ensure this is delivered in an appropriate way, in the new context of the NEIC. The Postcode 3081 Urban Design Framework (UDF) was prepared with State Government funding to provide a framework for achieving residential growth, improved housing diversity and a renewed identity for the Postcode 3081 study area. Consultation to help prepare and refine the draft UDF was undertaken in May/June and October 2017.

The study area for the UDF is shown in Attachment 1. It includes Heidelberg West, Bellfield and parts of Heidelberg Heights. It breaks the 3081 area into five character areas as shown.

The UDF recommends different built form and landscape guidelines for each of these areas, and specifies the locations where higher residential densities should be supported. Character Areas 1 to 4 have a focus on incrementally improving housing growth and diversity, whilst Area 5 (Hinterland) has a focus on single dwellings and townhouses within treed neighbourhoods.

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The vision of the UDF is that:

Postcode 3081 will be a model balanced community featuring innovative and affordable medium density housing known for its social cohesion and attractively treed streetscapes.

Banyule Planning Scheme Amendment C120 was prepared to implement the built form and landscape guidance of the UDF in the Banyule Planning Scheme.

LEGAL CONSIDERATION

There are no direct legal implications arising from the recommendation contained in this report.

HUMAN RIGHTS CHARTER

In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Victorian Charter of Human Rights and Responsibilities.

It is considered that the subject matter does not raise any human rights issues.

BANYULE PLANNING SCHEME AMENDMENT C120

Amendment C120 proposes to implement the built form and landscape guidance of the UDF in the Banyule Planning Scheme by:

• Rezoning some General Residential Zone Schedule 1 (GRZ1) properties to the:

o Residential Growth Zone (RGZ) to allow increased heights along Bell Street, main roads, Darebin Creek, and local park interfaces (Areas 1 – 4). Height limits are proposed to be mandatory in four new schedules to the RGZ.

o General Residential Zone Schedule 2 (GRZ2) to restrict growth and protect character in the hinterland areas (parts of Area 5).

• Applying design guidelines to the RGZ properties, through four new schedules to the Design and Development Overlay (DDO).

• Updating Banyule’s Municipal Strategic Statement to identify the vision for the 3081 housing renewal area.

The exhibition documents for Amendment C120, including the proposed planning scheme changes and maps, are available on the Department of Environment Land Water and Planning Website.

The amendment was exhibited for an extended period of 10 weeks, from 23 August – 2 November 2018.

Exhibition included: • Written notice to landowners and occupiers in 3081. • Information on Shaping Banyule. • Five focus group meetings, attended by over 100 people.

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Place – Sustainable Amenity and Built Environment

POSTCODE 3081 URBAN DESIGN FRAMEWORK - PLANNING SCHEME AMENDMENT C120 cont’d

Ordinary Meeting of Council - 8 April 2019 Page 32

Council received 50 submissions to Amendment C120. Many expressed support for change in the area and the opportunity for increased development potential.

Concerns were also raised, including: • The impact of overdevelopment on character and amenity. • Traffic and car parking issues. • Lack of public transport. • Provision of infrastructure and services to support a growing population. • Decreased development potential in the hinterland areas to be zoned GRZ2. • The need for affordable housing. • Missed opportunity to facilitate the development of Department of Health and

Human Services (DHHS) sites. • Minor corrections to UDF and DDO Schedules.

A summary table of submissions and an initial response is in Attachment 2.

OPTIONS FOR PROCEEDING WITH AMENDMENT C120

The review of submissions has revealed improvements that could be made to Amendment C120 before proceeding to an independent Planning Panel for review. Council can now consider the following options for proceeding with C120:

Option 1 – No Change

Council could determine that no changes are required to Amendment C120. This would mean that no submissions will be resolved prior to a panel hearing, and a request for the appointment of an independent Planning Panel would need to be made to the Minister for Planning.

The Panel would consider a Council submission that supports C120 as exhibited, as well as the 50 public submissions made. Council and other submitters would present their submissions to a public hearing, potentially with the support of expert witness statements. The Panel will then form a view and provide a report with recommendations to the Council and Minister for Planning for consideration.

Option 2 – Minor Changes

Council could consider taking the opportunity to make some minor improvements to Amendment C120.

These include: • Revise the RGZ schedule application around parks and schools so they more

correctly remain in the existing GRZ1 (See map in Attachment 3). • Reduce the height limit for Malahang Parade and Coral Street (reduce from five

to four storeys – see map in Attachment 3). • Amend the DDO schedule diagrams to ensure heights and setbacks are

correctly depicted. • Clarify floor to floor and building height definitions in DDO schedules to ensure it

is clear what can be included within the overall mandatory height limit. • Clarify the objectives of the DDO and RGZ schedules to ensure they reflect the

objectives of the UDF. • Accurately identify the DHHS properties in the Municipal Strategic Statement.

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• Other minor amendments to wording, structure and numbering of the proposed planning scheme provisions to ensure accuracy and consistency.

As a consequence of these changes minor updates would also be required to the UDF. Other improvements to the UDF could include:

• Accurately referencing Rescode. • Providing shadow diagrams to demonstrate the potential impact on Main Roads,

Creekside Areas and Local Parks.

These changes would improve C120, and address the concerns raised in some submissions. Unresolved submissions would still need to be referred to an Independent Planning Panel for review.

Option 3 – Minor Changes plus Zoning Changes and Reviewed Height Limits

More significant changes to C120 could be considered in response to the submissions received. As a consequence of these changes, updates would also be required to the UDF. This option could address many of submissions received, and improve the overall proposal.

These changes could include:

• All minor changes listed under Option 2 above.

• Removing the proposed rezoning of the Hinterland Area from GRZ1 to the GRZ2 (see map in Attachment 3). The proposed rezoning would result in the application of more restrictive controls, such as reduced site coverage and increased landscaping requirements. A large number of submissions raised concern about this aspect of the proposal, as it was considered that it would impact on future development opportunities. The intent of the proposal was to protect the character of these Hinterland Areas and ensure there was a focus on lower scale development in treed neighborhoods, however keeping the GRZ1 zoning could provide a suitable transition between the more intense development in the RGZ areas and the lower scale GRZ2 areas further east.

In addition to the changes listed above, changes to height limits could also be considered as follows:

Option 3 Sub-options - Creekside Area (Area 3)

In response to submissions that raised concerns about amenity impacts on adjoining residential properties to the east, and the potential overshadowing Darebin Parklands to the west, the following changes to height limits could be considered for the Creekside Area:

Creekside Area Option A - Reduce Height to Four Storeys

Reduce the height for the Creekside Area from five storeys to four storeys across the entire area as shown in Attachment 4. This would help to address both the overshadowing concerns, and the amenity impacts on residential properties to the east.

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Creekside Area Option B – Partially Reduce Height to Four Storeys

Reduce the height for the Creekside Area from five storeys to four storeys across the eastern side of Liberty Parade as shown in Attachment 3, except for the sites at the corner of Liberty Parade and Bardia Street, where the height should remain at five storeys to provide a transition to the ten storey height limit of the adjoining Bell Bardia DHHS site as shown in Figure 1 below.

Shadow modelling now prepared for these height limits in the Creekside Area, given in Attachment 5, shows that between the hours of 10am and 2pm, the impact on Darebin Parklands is minimal.

Creekside Area Option C – Partially Reduce Height to Four Storeys and Increase Height for Sites Adjoining DHHS Land

Reduce the height for the Creekside Area from five storeys to four storeys across the eastern side Liberty Parade, except for sites at the corner of Liberty Parade and Bardia Street, where the heights should be increased to a maximum height of six storeys with a three storey podium as shown in Attachment 6. This would integrate with the height limits with the adjoining Bell Bardia DHHS site, as applied in Schedule 5 of the Development Plan Overlay and shown in Figure 1 below, and could be achieved within the 18 meter height limit specified within the exhibited controls and would have minimal impact on nearby properties.

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Place – Sustainable Amenity and Built Environment

POSTCODE 3081 URBAN DESIGN FRAMEWORK - PLANNING SCHEME AMENDMENT C120 cont’d

Ordinary Meeting of Council - 8 April 2019 Page 35

▲Figure 1: Height limits for the DHHS Bell Bardia Site

Option 3 Sub-options - Buna Street Site (Key Redevelopment Site)

The Buna Street Site shown was identified in the UDF as a key redevelopment site. The UDF recommended specific controls be applied to the site, including a height limit of five storeys, as shown in Attachment 5.

Amendment C120 instead included this site in the relevant controls for the Local Park Interface Area, including a height limit of four storeys in Schedule 7 to the RGZ.

One submission raised concern about the inconsistent recommendations for this site in the UDF and C120. The following options for Amendment C120 could be considered before proceeding to a Panel Hearing: Buna Street Site Option A – No Change

Amendment C120 could proceed as exhibited, with the Buna Street Site included in the Local Park Interface Area. At the Panel hearing an Urban Design Expert Witness Statement could be presented that would explain the recommendations of the UDF. The Panel would then determine whether it is appropriate to change the proposed controls for this site.

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Buna Street Site Option B – Increase Height Limit in Site Specific Controls

Prior to a Panel Hearing, new site specific controls could be prepared to apply the relevant heights and setbacks recommended in the UDF. An Urban Design Expert Witness Statement could be put forward that would explain the recommendations of the UDF. The Panel would then determine whether it is appropriate to change the proposed controls for this site.

NEXT STEPS

Council can now consider whether to proceed with Amendment C120 according to the options described above, and shown in Figure 2 below:

Figure 2: Options for Proceeding with Amendment C120

All of the above options were outlined at a submitters meeting on Thursday 4 April 2019.

The changes could improve Amendment C120, but could also mean that the housing capacity is reduced in some locations. With all options, Council can also consider

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advocating to the State Government for additional bus services in the short term, in response to submissions made regarding public transport access. This would not require any changes to Amendment C120 or the UDF.

Regardless of the option selected, if Amendment C120 is to proceed, an independent Planning Panel will be required to consider the unresolved submissions.

Once a Planning Panel is appointed, all submitters (including Council) will be invited to attend a directions hearing, before a full hearing is scheduled for approximately one month afterwards.

Council’s submission will be supported by an Urban Design Expert Witness Statement, which will provide a detailed explanation of the proposed changes and respond to submissions where relevant.

OFFICER DECLARATION OF CONFLICT OF INTEREST

Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates.

Council officers involved in the preparation of this report have no conflict of interest in this matter.

CONCLUSION

The implementation of the UDF in the Banyule Planning Scheme through Amendment C120 will ensure that increasing pressure for growth and change in the postcode 3081 area is delivered in a way that responds to a clear vision for the area, and integrates with the lower scale development in surrounding areas.

Exhibition of Amendment C120 has revealed opportunities for Council to address the concerns raised in some submissions, and strengthen and improve the proposed controls before they are reviewed by a Planning Panel.

Option 3 outlined in this report could address a number of submissions, and provide significant improvements to the overall proposal.

ATTACHMENTS

No. Title Page

1 Postcode 3081 UDF Study Area and Diversity Areas

2 Summary of Submissions

3 Map of Zoning and Height Changes for Options 2 and 3

4 Map of Option 3 Sub-options - Creekside

5 Shadow Anaysis for the Creekside Area

6 Postcode 3081 UDF Recommendations for Buna Street Site

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5.2 4 POULTER AVENUE, GREENSBOROUGH - OPTIONS FOR PUBLIC CAR PARK TO ENABLE REDEVELOPMENT

Author: Amanda Allen - Property Coordinator, City Development

Ward: Bakewell

EXECUTIVE SUMMARY

Council is the Lessor of part of the land known as 4 Poulter Avenue, Greensborough (the Land) under a 99 year lease, commencing 1 November 1965. The leased Land contains a car park, comprising of 35 parking bays which are restricted to 5 hour parking from 8am to 6pm, Monday to Friday with an exception for permit holders.

Parkside Apartments (Vic) Pty Ltd are the owner of the Land (the Owner).

The Owner of the Land, has approached Council with a view to construct a multi-storey residential development over the car park land and adjoining property. This development will have implications for the current lease.

The Owner has offered to pay Council a compensatory fee of $80,000 for loss of existing car parking for the duration of works. Following completion of the development, the Owner has also offered to either allocate and lease a ‘mutually agreed’ number of bays under the same terms as the current lease, or sell to Council 33 bays for a nominal fee.

Council must make a decision on whether to purchase the car spaces, or continue to lease them for the remaining duration.

RECOMMENDATION

That Council:

1. Advise the owner of intent to purchase the 33 car parking bays on 4 Poulter Avenue, Greensborough for a nominal fee.

2. Agree ‘in principle’ to the conditions contained within the Heads of Agreement subject to the agreement being amended to protect the interests of Council including the following changes:

a) annual compensation of $80,000 plus GST for the proposed interim loss of the existing 35 public car spaces;

b) agreement on the allocation, distribution and management of future bays;

c) the Owner preparing the transaction documents; and d) the Owner paying Council’s legal costs.

3. Agree that the ‘Heads of Agreement’ be signed when satisfactorily amended as per above, and that it become the framework to facilitate the

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future management of the public car parking spaces to enable the redevelopment to proceed.

4. Enter into a Contract of Sale for the 33 public car parking spaces at 4 Poulter Avenue, Greensborough in accordance with the signed ‘Heads of Agreement’ at the appropriate time.

5. Convert 30 public car parking spaces on nearby streets to 5P parking for the duration of the construction period for the development as follows: a) 16 unrestricted spaces on the eastside of Main Street, south of St

Helena Road to 5P from 9am to 6pm, Monday to Friday; and b) 14 unrestricted spaces on the southwest side of Para Road between

Flintoff Street and Grimshaw Street to 5P from 8am to 6pm, Monday to Friday;

and then subsequently convert these spaces to all day paid parking.

6. Sign and seal the necessary documentation at the appropriate time.

COUNCIL PLAN

This report is in line with Banyule’s Council Plan key direction to “Renew and maintain Banyule's public assets and infrastructure”.

BACKGROUND

In 1965 the Shire of Diamond Valley entered into a 99 year lease with Caltex Oil (Australia Pty Ltd) for the Land.

4 Poulter Avenue along with 134 Main Street, Greensborough was sold on 14 November 1997, and a permit issued in 1999 for buildings and works comprising shops, offices, motor repair facility and a car park. The car park that Council leases formed part of these works.

The land was on-sold on 29 March 2019, with a planning permit (P93/2009) for buildings and works associated with the construction of a multi-story building comprising residential apartments and car parking.

There have been ongoing discussions with the previous and new owner of the Land to agree ‘in principle’ regarding the management of the current lease and car parking arrangements to enable the redevelopment to occur.

LEGAL CONSIDERATION

If Council intents to acquire land (or an interest in land) it does so by the power conferred on it pursuant to Section 187 of the Local Government Act 1989.

Prior to acquiring any land (or an interest in land) Council must identify its intended use for the land (i.e. the purpose of the acquisition) and determine the method of acquisition. The contests of this report specify the nature and purposes for wish Council wish to acquire the land.

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HUMAN RIGHTS CHARTER

In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Victorian Charter of Human Rights and Responsibilities.

It is considered that the subject matter does not raise any human rights issues.

Locality Plan

Figure 1: Leased area of 4 Poulter Avenue, Greensborough

CURRENT SITUATION

Council is the Lessor of the Land containing 35 car spaces at 4 Poulter Avenue, Greensborough (see Figure 1) under a 99 year lease which commenced on 1 November 1965.

Under the current lease, the 35 parking bays which are restricted to 5 hour parking from 8am to 6pm, Monday to Friday are available to the general public, with non-Council ‘permits’ managed by the Greensborough Chamber of Commerce to facilitate trader parking.

Additionally, there are 23 5P parking spaces on Council land (see Figure 2) that are intended to be occupied to enable the construction of the building. These spaces are generally provided for use by customers and shoppers.

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Figure 2: Council car park, 6 Poulter St, Greensborough

On 8 August 2018 an amended planning permit (P93/2009) was issued by Council for a multi-storey multi-dwelling development which encompasses the whole of the land at 4 Poulter Avenue, Greensborough (see Figure 3).

Figure 3: Development site at 4 Poulter Ave, Greensborough

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Condition 5 of the permit advises that the Owner of the land must enter into a section 173 agreement with Council for the allocation and leasing to Council under the same terms as the current lease, 35 car spaces total. The 35 public car spaces proposed were to be distributed across basement level B1, basement level B2 and ground.

On 12 February 2019 a further request to amend the planning permit was lodged which proposes an alternative layout for the multi-dwelling development including the car parking configuration.

On 6 March 2019 a Heads of Agreement was issued to Council (see Attachment 1) , in which the Owner offers a one-off payment of $80,000 as compensation for the loss of existing car parking during the construction period and contribution towards the Lessee’s costs. The Owner also proposes two options for surrender of the lease.

Option 1 Simultaneous to the execution of the surrender deed, the parties will enter into a new lease for the car park to be constructed, on the same terms as the current lease. The Owner now proposes that the number of car parks to be provided are to be ‘mutually agreed’.

Option 2 Simultaneous to the execution of the surrender deed, the parties will enter into a Contract of Sale for 33 car parking bays, for $1.00 (proposed).

DISCUSSION

Legal advice was sought regarding the Heads of Agreement to highlight any issues, risks, adverse implications or benefits of the options presented. The considerations are summarised below:

Option 1 – lease of car spaces to Council

• Council retains the ‘mutually agreed’ number of car spaces. • Council will require the Landlords consent to sub-lease. • The ongoing relationship with the Landlord/s is important. • Outgoings will need to be addressed including Owners Corporation fees, levies,

Council and water rates, land tax. • The lease should be registerable with Land Use Victoria. • Council will have to abide by the Owners Corporation rules.

Option 2 – car spaces owned by Council

• Council accepts a reduction of car spaces (33). • Council can lease out the car spaces at will. • Council will become an Owners Corporation member, ongoing fees and levies will

apply. • Council will have to abide by the Owners Corporation rules. • Council will have entitlement and lot liability (shared common property ownership) • Ownership is a better form of tenure than lease.

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Option 2 is considered the best outcome for Council and therefore Council should provide in principle agreement to the conditions contained within the Heads of Agreement subject to the following conditions:

o annual compensation of $80,000 plus GST for the proposed interim loss of the existing car spaces;

o agreement on the allocation, distribution and management of bays; o the Owner preparing the transaction documents; and o the Owner paying Council’s legal costs.

In line with Council’s Parking Management Framework for a Commercial and Mixed Use Area, parking should be prioritised in order of customers/shoppers then local employees and finally commuters.

Throughout the construction period, Council may offset the 23 5P parking spaces on Council land in the surrounding area. Additionally, and to honour the existing trader ‘permits’, Council may choose to offset the trader parking across other car parking sites.

An opportunity exists, within this period, to review this agreement. This review should consider the recommendations of the Greensborough Parking Plan.

Conversion of the 16 unrestricted spaces on the eastside of Main Street, south of St Helena Road and the 14 unrestricted spaces on the southwest side of Para Road between Flintoff Street and Grimshaw Street to 5P from 8am to 6pm, Monday to Friday should be implemented.

Once the new restriction is implemented, the usage of these spaces should be monitored. On the basis that it is expected that these spaces will be underutilised at the end of the construction works, these spaces should be converted to all-day paid parking.

CONSULTATION

The redevelopment of 4 Poulter Avenue, Greensborough has been impending for some time, with Council and previous owners having protracted discussions about how best to manage the lease. Council is generally satisfied with the redevelopment proposal, the management of the lease and off-set car parking arrangements.

A meeting was held with Greensborough Chamber of Commerce on 18 March 2019 whereby the development proposal was broached and alternate car parking arrangements outlined.

OFFICER DECLARATION OF CONFLICT OF INTEREST

Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates.

Council officers involved in the preparation of this report have no conflict of interest in this matter.

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CONCLUSION

Ownership of the car parking spaces provides Council with a solid form of tenure, albeit a reduced number. Either form of tenure will subject Council to Owners Corporation fees and issues, however the flexibility ownership provides, far outweighs the nominal purchase price, ongoing fees and liabilities. Council should therefore opt to surrender the current lease and enter into a Contract of Sale to purchase the car parking spaces proposed.

Council should mandate an annual compensatory fee of $80,000 per annum to ensure the development is undertaken in a timely manner, agree on the allocation, distribution and management of bays as well as the transaction preparation and costs.

Council should offset the lost car parks across other sites to ensure customers, shoppers, local employees and commuters have other parking options available during the construction period.

ATTACHMENTS

No. Title Page

1 Heads of Agreement

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5.3 STATE OF ASSETS REPORT

Author: Mohammad Rashid - City Assets CoOrdinator, Assets & City Services

EXECUTIVE SUMMARY

The State of Assets Report presents a high level condition summary, at 30 June 2018, of Council’s infrastructure assets with the exception of fleet, plant, equipment, trees and land. It also indicates the renewal funding required over the next four years (2019/20 to 2022/23) to maintain the current level of service. This report is an action arising from Council’s Asset Management Strategy 2018.

This is the first version of the report. The report will be reviewed annually and reported to Council every four years.

It is recommended that Council acknowledge and adopt the State of Assets Report 2018.

RECOMMENDATION

That Council:

1. Adopt the State of Assets Report 2018.

2. Refer increase footpath renewal funding of $3 million over the next four years (2019/20 to 2022/23) to the budget process.

3. Refer increase shared trail funding for renewal and upgrade of $2.3 million over the next four years (2019/20 to 2022/23) to the budget process.

COUNCIL PLAN

This report is in line with Banyule’s Council Plan key direction to “Renew and maintain Banyule's public assets and infrastructure”.

BACKGROUND

The State of Assets Report presents a high level condition summary, at 30 June 2018, of Council’s infrastructure assets with the exception of fleet, plant, equipment, trees and land. It also indicates the renewal funding required over the next four years (2019/20 to 2022/23) to maintain the current level of service. This report is an action arising from Council’s Asset Management Strategy 2018 and will be reviewed annually.

A five point grading system (very good, good, fair, poor and very poor) is used to assess the condition of assets. Following table summarises average condition, confidence in the condition data and renewal funding level over the next four years for each asset class.

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Table: Summary of Asset Condition and Renewal Funding Level

Asset Class Average Asset

Condition Confidence

in Data Renewal

Funding Level

Road Very Good High

Kerb & Channel Good High

Footpath Fair High

Bridge Good High

Drainage Fair Low

Building Good High

Shared Trail Fair High

Carpark Good High

Legend Appropriate Monitor Requires Funding

Council’s footpath and shared trail are in fair condition with a portion at poor and very poor condition. Drainage assets are also in fair condition, however reliability of this data is low as Council has very limited condition data of drainage assets. All other assets are in good and very good condition.

Council completed condition audit of all asset classes listed above, except drainage. Therefore, Council has high confidence in the condition data of each asset class, except drainage. Council has programmed an annual condition audit of drainage. Moreover, a condition audit is in progress for various parks and open space assets (playground, sports fields, cricket nets and pitches, park furniture, artwork, water fountains, BBQ etc), which would be incorporated in the next report.

Council’s current renewal funding over the next four years in the capital works program is appropriate for road, bridge, drainage, building and carpark. However, footpath and shared trail have renewal gaps over the next four years. In order to address the gaps, it is proposed to increase the funding by $3 million and $2.3 million respectively over the next four years. It would increase the footpath funding from $6.34 million to $9.34 million and the shared trail funding from $3.1 million to $5.4 million. Kerb and channel has a renewal gap of approximately $450,000 over the next four years, however this asset does not create any major risks to the users.

Council is preparing 10 year Asset Management Plans for all asset classes. More detail information about condition, level of service, annual operation and maintenance expenditure, and required capital works program including renewal, upgrade, new and expansion for each year would be addressed in these plans.

The State of Assets Report is attached for more details.

LEGAL CONSIDERATION

There are no direct legal implications arising from the recommendation contained in this report.

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HUMAN RIGHTS CHARTER

In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Victorian Charter of Human Rights and Responsibilities. It is considered that the subject matter does not raise any human rights issues.

FUNDING IMPLICATIONS

It is proposed to increase footpath and shared trail renewal funding by $3 million and $2.3 million respectively over the next four years. It would increase the footpath funding from $6.34 million to $9.34 million and the shared trail funding from $3.1 million to $5.4 million over the next four years (2019/20 to 2022/23).

TIMELINES

State of Assets Report will be reviewed annually for Councillors Briefing and every four years for Council.

OFFICER DECLARATION OF CONFLICT OF INTEREST

Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates.

Council officers involved in the preparation of this report have no conflict of interest in this matter.

CONCLUSION

The State of Assets Report presents a high level condition summary of Council’s infrastructure assets and indicates the renewal funding required over the next four years. This is the first version of the report, which will be reviewed annually and reported to Council every four years.

It is recommended that Council acknowledge and adopt the State of Assets Report 2018.

ATTACHMENTS

No. Title Page

1 State of Assets Report 2018

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7.1 PREPARATION OF COUNCIL PLAN 2017-2021 (YEAR 3)

Author: Marc Giglio - Director Corporate Services, Corporate Services

EXECUTIVE SUMMARY

The Proposed Council Plan 2017-2021 (Year 3) outlines the strategic direction and priorities for Banyule City Council under the objectives of People, Planet, Place, Participation and Performance. It sets the policy platform for Council and helps guide the services Council provides to the community.

The proposed plan represents the third year of Council’s four year Council Plan 2017-2021, prepared following the Council election in October 2016. It is based on comprehensive consultation with the community, Councillors and staff and is framed through a legislative context. Feedback has helped Council to plan specific key initiatives and priorities for Year 3 of the Council Plan, which encompasses the 2019/20 financial year.

The purpose of this report is:

• To fulfil Council’s compliance with sections 125 and 126 of the Local Government Act 1989, and hear and consider public submissions to the exhibited proposed Council Plan 2017-2021 (Year 3) at a Council Meeting on Monday 20 May 2019.

• To provide public notice of Council’s intention to consider adopting Banyule’s proposed Council Plan 2017-2021 (Year 3) at a Council Meeting on Monday, 24 June 2019.

The Council Plan works together with the Budget to achieve Council’s vision for its community of: ‘Banyule, a green, sustainable and vibrant place for a healthy, connected and inclusive community’.

As part of this annual review process, Council has consulted with the community during December 2018 - February 2019 to seek feedback prior to the formal public exhibition process. The community engagement and consultation included an opportunity for community feedback and suggestions on the Council Plan at a range of place based consultations and via the Shaping Banyule online engagement and consultation platform. The proposed Council Plan (Year 3) has also been promoted through Council’s public website and The Banner newsletter.

The attached Proposed Council Plan contains the Strategic Resource Plan (SRP) for Banyule City Council for the next 4 year period. The SRP outlines how Council will manage our financial and non-financial resources, including human resources, over the next four years to achieve our strategic objectives.

All initiatives outlined in the Council Plan are matched by a resource allocation through Council’s Annual Budget, either in full or phased over the life of this Plan.

Subject to Council approval, the attached Proposed Council Plan 2017-2021 (Year 3) will be made available for the public exhibition period of 11 April to 8 May 2019.

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RECOMMENDATION

That

1. The attached Proposed Council Plan 2017-2021 (Year 3) prepared by Council for the purposes of Sections 125 and 126 of the Local Government Act 1989 be endorsed.

2. Public Notice of the preparation of the attached Proposed Council Plan 2017-2021 (Year 3) be placed on Council’s website and in The Age newspaper to appear Wednesday, 10 April 2019, and in local newspapers.

3. Copies of the proposed plan be made available at Council’s Customer Service Centres, online on Council’s website, and be promoted via local libraries and neighbourhood houses.

4. Council receive submissions with regard to the Proposed Council Plan 2017-2021 (Year 3) until the close of business on Wednesday, 8 May 2019.

5. In accordance with section 223 of the Local Government Act 1989, submissions will be heard and considered at the Council Meeting on Monday, 20 May 2019.

6. Council consider the adoption of the Proposed Council Plan 2017-2021 (Year 3) in accordance with Sections 125 of the Local Government Act 1989; at the Council Meeting on Monday, 24 June 2019.

COUNCIL PLAN

This report is in line with Banyule’s Council Plan key direction to “Deliver best value services and facilities".

BACKGROUND

Banyule’s Proposed Council Plan 2017-2021 (Year 3) is prepared in accordance with the requirements of Section 125 of the Local Government Act 1989 (the Act). The Plan contains Council’s Proposed Strategic Resource Plan 2019–2023 in response to section 126 of the Act.

The Council Plan forms Council’s key strategic platform for the delivery of services to its Community, including areas of focus for advocacy. It is reviewed annually to ensure emerging community needs and aspirations continue to be captured.

This is the third year of Council’s four year Council Plan 2017-2021, prepared following the Council election in October 2016.

CONSULTATION AND RESEARCH

Many sources of information have helped shape the development of this Council Plan. This includes information gathered through an extensive community engagement and planning process, research and data, industry knowledge and

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expertise, ongoing review and improvement of our services, and relevant legislation and policy context.

The current four year Council Plan 2017-2021 was adopted by Council on 26 June 2017 after a comprehensive review process. This included planning sessions and workshops with Councillors and staff, and an extensive community engagement process, through:

− The ‘Shaping Banyule’ Community engagement website − Face to face consultation at community events − Visits to key community services and groups − A statutory public exhibition period in 2017 to provide an opportunity for formal

submissions on the proposed four year plan (and the Budget)

The Shaping Banyule website has increased opportunities for the community to engage with Council and provide comment and help shape a range of initiatives and plans.

A comprehensive copy of information sources and findings that were drawn upon to inform the Council Plan 2017-2021 can be found on Council’s website, and is titled Council Plan 2017 ‘What you said’ Report.

Consultation for Year 3 of the Council Plan

Much of the information utilised for the development of the Council Plan 2017-2021 remains current for the development of Year 3 of the Council Plan. Therefore, the focus this year, as for Year 2, was to provide the community with an opportunity to let Council know how they think it has progressed on delivering against the Year 2 commitments and what Council might need to consider for the year ahead (via ‘what’s on your wish list?’)

Further to this, Council again provided an additional consultation opportunity regarding the development of the annual budget. This focused on the Fees and Charges Schedule and Rating Strategy, two key components of the annual budget.

Together all of this information has helped shape our Council Plan key initiatives for 2019/20 and the Budget 2019/20. A copy of the Council Plan 2019 ‘What you said’ Report, containing full details of this year’s consultation and engagement, is also available on Council’s website.

The Consultation Program undertaken to inform the development of Year 3 of the Council Plan 2017-2021 occurred over a 7 week period from 14th December 2018 – 8th February 2019.

The Program consisted of place based consultations, an online survey on Shaping Banyule, intercept surveys, voting pods, ‘dotmocracy’ boards, wish list chat boards and idea drawings.

A total of 1,179 written ideas and views were gathered throughout the community engagement program:

• 234 people told us how Council has been doing over the past 12 months • 242 people us how much they love their neighbourhood

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• 231 people told us if they thought Council had met the Year 2 Council priorities

• 458 written ideas and priorities for Year 3 of the Council Plan were received and

• 14 children and young people provided their feedback by drawing their ideas.

This input is in addition to and builds upon the input provided by the 1,191 individuals who participated in Year 1 consultations and the 320 individuals who participated in Year 2 consultations.

Internal consultation was also undertaken with Councillors and Council staff to inform the development of both the annual Budget and Council Plan. This included consideration of key emerging issues, priorities and resource requirements to enable continued implementation of the Council Plan.

Feedback received Council has received positive feedback about delivery of Year 2 outcomes across the five strategic objectives and about how it can keep Banyule a great place to live, work and play into the future.

In the consultation findings, the majority of participants stated that they felt Council had been doing a good job over the past 12 months.

People highlighted things they wanted to see improved which covered issues such as: continued work within the recycling and environmental sustainability space, careful management of development and its impact on the environment and liveability of the municipality, provision of initiatives that address and prevent social isolation and equality, and further enhancement of our parks and open space.

Below are some of quotes that illustrate the types of feedback received during the recent consultation for Year 3 of the Council Plan:

“More multicultural events and Indigenous events, tune into all culture needs” (wish list)

“We enjoy all the community events”

“More work on family violence and how we can help people struggling with this sort of situation” (wish list)

“Involve people in keeping waterways and parks clean and tidy.” (wish list)

“Renewable energy in public facilities.” (wish list)

Avoid waste generation. Conserve water. Protect green space. Protect wildlife.” (wish list)

“Ensure housing density is kept at a fair and sustainable level given parking, traffic, open space etc.” (wish list)

“Affordable housing initiatives – strategic partnerships in community housing.” (wish list)

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“Walking/ cycling tracks that link up the suburbs for functional use, not just recreational, will help people to move away from a reliance on cars.” (wish list)

“Community consultation is improving in recent years.”

“Contacted the Council a few times this year, always helpful.”

“Open and fair government.”

“The Banyule area is well sought after…………….good work.”

A full summary of feedback received is available on Shaping Banyule. The feedback received from the community has helped shape the proposed Council Plan 2017-2021 (Year 3).

COUNCIL PLAN 2017-2021 (YEAR 3)

The purpose of Banyule’s Council Plan 2017-2021 is to set the strategic direction for Council. It outlines priorities and helps guide the services that Council provides to the community, and it sets the policy platform for Council. The Council Plan is informed by and used by Councillors, Council staff, community members, relevant stakeholders, agencies, the State Government, and residents. It is reviewed and updated each year.

The Objectives as described in Banyule’s Proposed Council Plan 2017-2021 (Year 3) are:

PEOPLE: STRONG, HEALTHY AND INCLUSIVE COMMUNITIES Support and strengthen the health and wellbeing of the Banyule community.

PLANET: ENVIRONMENTAL SUSTAINABILITY Protect and care for the natural environment.

PLACE: GREAT PLACES AND SPACES Maintain and enhance our public spaces, buildings and infrastructure.

PARTICIPATION: ENGAGEMENT AND ADVOCACY Engage meaningfully and advocate for the broader interest of the community.

PERFORMANCE: EFFICIENCY AND GOOD GOVERNANCE Manage our resources wisely to achieve Council’s strategic objectives.

The focus of the year 3 review of the plan has included ongoing work with Councillors, staff and community, in particular:

− Checking in with the Community to see how people think Council is progressing with the Plan and things to consider for the third year

− Continuing to implement the Council Plan framework and refreshing the key initiatives to reflect activity resourced through Council’s annual Budget

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− Making minor changes that may be required based on feedback and the review process

− Updating the Strategic Resource Plan to reflect the next four years (2019-2023) as required by Section 126 of the LG Act.

− Reviewing the strategic indicators used to measure achievements against the Council Plan objectives.

The Council Plan framework continues to provide a solid foundation to address key sector influences and emerging challenges, including:

− Transport issues, eg. the North East Link project − Responding to externally driven reforms (such as changes to the Local

Government Act) − Advocacy and engagement − Employment pathways − Urban density and development − Other emerging issues, eg changes in the recycling industry.

LEGAL CONSIDERATION

In accordance with the provisions of Section 223 of the Act, a further formal opportunity for community consideration exists in the form of written submissions, which are now invited to be submitted by 8 May 2019. Submissions received to the proposed Council Plan (and Budget) will be formally considered by Council at a Council Meeting on 20 May 2019.

Advertisements will be placed in ‘The Age’ and Leader newspapers at the commencement of the public notice period.

Copies of the proposed Council Plan will be available on Council’s website and at the Ivanhoe, Rosanna and Greensborough Customer Service Centres from Thursday, 11 April 2019, and will be promoted at local libraries and neighbourhood houses (together with the proposed Budget 2019/20).

The required statutory notice advertisement will also appear on Council’s website and in ‘The Age’ on Wednesday, 10 April 2019.

The public notice informs the community of Council’s intention to consider adoption of Banyule’s Proposed Council Plan 2017-2021 (Year 3) in accordance with Sections 125 and 126 of the Local Government Act 1989, at a Council Meeting on Monday, 24 June 2019.

CONSIDERATION OF SUBMISSIONS

All submissions to the Council Plan received in the statutory advertising period will be put forward to Council for consideration. A summary of the issues will be presented to Council. Submissions from individuals will be presented in full to Councillors but will be de-identified of private information to the public.

HUMAN RIGHTS CHARTER

In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and

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Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in this report. It is considered that the subject matter of the Council Plan does not raise any human rights issues but enhances the human rights of our community.

As a part of Council’s community engagement program for the Council Plan, the plan has been developed through extensive consultation and engagement. This process of community involvement has promoted and facilitated specific rights outlined in the Charter, namely the right to take part in public life and the right to freedom of expression.

Council utilises the advice of committees that consist of members from underrepresented and marginalised sections of our community to ensure a stronger voice for these groups in the public life process.

FUNDING IMPLICATIONS

The attached Council Plan contains the Proposed Strategic Resource Plan (SRP) 2019-2023 for Banyule City Council. The SRP is included in Banyule’s objective of ‘Performance – Efficiency and good governance’.

The SRP outlines how Council will manage its financial and non-financial resources, including human resources, over the next four years to achieve its strategic objectives. It is prepared in accordance with the requirements of the Local Government Act 1989 and the Local Government (Planning and Reporting) Regulations 2014.

Linkage between Council Plan and Budget

The Annual Budget represents the first year of the Strategic Resource Plan. It works to deliver the strategic directions of the Council Plan, to provide a range of high quality services, programs and initiatives that meet community needs, and to achieve Council’s Vision. The Budget is developed within and forms part of Council’s overall strategic planning framework. It is developed based on information gathered from an ongoing community engagement process and industry best practice accounting standards. Objectives, key directions, initiatives and activities are used to allocate resources in a considered manner.

A full listing of the services resourced through the Budget 2019/20 is contained in the Council Plan. This is the main stay of Council’s work for the community. Council’s services are provided in line with national and international standards of quality, efficiency and effectiveness.

The Proposed Council Plan includes a set of strategic indicators to measure achievements against our objectives over a four-year period. These indicators help us to assess our efficiency and indicate effectiveness and quality of the services we provide. The indicators have been reviewed as part of Banyule’s annual review process.

The Budget contains a set of service performance outcome indicators to measure Council’s performance against the Council Plan objectives on an annual basis, and in accordance with legislated reporting requirements. This is reported to the Community in the statutory Annual Report (which includes audited Financial and Performance Statements).

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POLICY IMPLICATIONS

The purpose of Banyule’s Council Plan 2017-2021 is to set the strategic direction for Council over four years. It outlines priorities and helps guide the services that we provide to the community, and it sets the policy platform for Council.

Each of our strategic objectives is underpinned by a range of current supporting policies, strategies and plans.

Council has developed its strategic planning process to deliver service outcomes for the Community and to meet requirements of the Local Government Act 1989 (the Act).

Council refers to the Local Government Planning and Reporting Better Practice Guide, which is designed to assist councils to best meet requirements under the Local Government Act 1989 as they relate to the planning and accountability framework. It provides councils with relevant and practical information to assist in the development of key planning and reporting documents. This includes the Council Plan, Strategic Resource Plan, Annual Budget and Annual Report.

The Council Plan’s Relationship with the Municipal Public Health and Wellbeing Plan

The Council Plan and the Banyule People: Health and Wellbeing Framework meet Banyule’s obligation for the provision of a Municipal Public Health and Wellbeing Plan under the Victorian Public Health and Wellbeing Act 2008.

This Council Plan documents our commitment to, and strategic plan for, enhancing health and wellbeing outcomes for our community.

The Council Plan is reviewed on an annual basis with a further lens relating to the health and wellbeing outcomes of our community. This is done to ensure compliance under the Victorian Public Health and Wellbeing Act 2008 and to help improve health outcomes.

ADVOCACY

Council also relies on a wide range of partnerships and shared resources to provide services to the community. Key partnerships with the community, other levels of government and agencies are very important to enable Council to deliver on the key directions. Council works closely with partners to advocate for improved services, infrastructure and social outcomes. Council also seeks opportunities for equitable funding and service arrangements.

TIMELINES

• The proposed Council Plan 2017-2021 (Year 3) will be submitted to the Monday, 8 April 2019 Council Meeting (along with the proposed Budget 2019/20)

• Subject to Council approval, the final proposed Council Plan and proposed Budget will be on public exhibition from 11 April to 8 May 2019, giving the community a final opportunity for comment.

• At the Council Meeting on Monday 20 May 2019, Council will hear and consider submissions (and then determine if any changes need to be made to the proposed Council Plan or Budget)

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• At the Council Meeting on Monday 24 June 2019, Council will consider adoption of the proposed Council Plan and Budget.

OFFICER DECLARATION OF CONFLICT OF INTEREST

Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates.

Council officers involved in the preparation of this report have no conflict of interest in this matter.

CONCLUSION

The Proposed Council Plan has been developed following a comprehensive planning process based on Councillor, Staff and Community engagement.

This four year plan is based on an evolution of Council’s previous strategic framework and direction, one that has been developed together with the community over many years. It maintains and builds on the framework of the People, Planet, Place, Participation and Performance objectives.

This is the third year of the plan of the elected Council, which continues to be reviewed on an annual basis.

Council continues to demonstrate through this Plan, its comprehensive framework of integrated objectives, key directions, focus areas and key initiatives which are being implemented for the benefit of the community.

The Proposed Council Plan 2017-2021 (Year 3) continues to provide a roadmap for Council to follow. Underpinned by the vision and values, the plan’s objectives give Council clear areas of focus for the four-year period. It works together with the Budget to guide Council to achieve the best for the community.

Submissions will now be sought from the public on the proposed Council Plan 2017-2021 (Year 3) providing a further opportunity for community input and feedback.

ATTACHMENTS

No. Title Page

1 Proposed Council Plan 2017-2021 (Year 3) (Under Separate Cover)

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7.2 BANYULE CITY COUNCIL BUDGET 2019/2020 - FOR PUBLIC EXHIBITION

Author: Tania O'Reilly - Manager Finance & Procurement, Corporate Services

EXECUTIVE SUMMARY

Council’s proposed Budget 2019/2020 matches the strategic intent and direction of Banyule City Council over the life of the Proposed Council Plan and responds to the need to resource community priorities for Banyule.

The Budget will ensure Council’s finances remain sustainable and that appropriate resources are allocated to meet the services and capital requirements of the City.

The objectives intended via this report are to give notice of:

1) The preparation of Council’s Budget for 2019/2020 for the purposes of Section 127 of the Local Government Act 1989 and Local Government (Planning and Reporting) Regulations 2014.

2) Council’s intention to consider to adopt Banyule’s Budget for 2019/2020 (in accordance with Section 130 of the Local Government Act 1989) at a Council Meeting on Monday, 24 June 2019.

3) The opportunity for additional formal feedback and to hear and consider all public submissions on the Proposed Budget 2019/2020 at the Council meeting on Monday, 20 May 2018.

RECOMMENDATION

That:

1. The Proposed Budget 2019/2020 be the proposed Budget prepared by Council for the purposes of Section 127 of the Local Government Act 1989.

2. Council: (a) Gives public notice for the preparation of such budget in accordance

with Section 129 of the Local Government Act 1989.

(b) Makes available for public inspection the information required to be made available in accordance with the Local Government Act 1989 and Local Government (Planning and Reporting) Regulations 2014.

(c) In accordance with Section 223 of the Act, calls for and receives submissions to the Proposed Budget 2019/2020 from the public, in writing, until Wednesday 8 May 2019, at 5:00pm.

2. Council consider any submissions in regards to the Proposed Budget 2019/2020 in accordance with Sections 127, 129 or 223 of the Local Government Act 1989; and Local Government (Planning and Reporting) Regulations 2014, at a Council Meeting to be held on Monday, 20 May 2019.

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3. Council consider the adoption of the Proposed Budget 2019/2020 at a Council Meeting to be held on Monday, 24 June 2019 (including the declaration of differential rates and charges, required interest to be paid on rates & charges not paid by the due date and the Schedule of Fees and Charges) in accordance with Sections 127 or 129 of the Local Government Act 1989 and Local Government (Planning and Reporting) Regulations 2014.

COUNCIL PLAN

This report is in line with Banyule’s Council Plan key direction to “Provide responsible financial management and business planning”.

BACKGROUND

The Proposed Budget 2019/2020 has been prepared to deliver the Proposed Council Plan 2017-2021 (Year 3) objectives, which set the overall strategic direction for Banyule.

Public Notice Process

Notice is required to be given to the public of Council’s intention to formally:

• adopt the budget

• declare differential rates, service charges and any municipal charge

• require interest to be charged on unpaid rates and charges

It is the declared intent of Council to adopt this Budget at a meeting of Council on Monday, 24 June 2019. Subject to Council ‘in principle’ approval and in accordance with Section 129 of the Act, the Proposed Budget 2019/2020 will be made available to the public for a minimum of 28 days after publication of the notice. This period is scheduled to commence from Thursday, 11 April 2019 and conclude on Wednesday, 8 May 2019.

A copy of the Proposed Budget 2019/2020 will be made available for inspection at the Ivanhoe, Rosanna and Greensborough Customer Service Centres and on Council’s website, from Thursday, 11 April 2019. It will also be promoted at local libraries.

The public notice and exhibition of the Proposed Budget 2019/2020 enables any person affected by the Proposed Budget 2019/2020 to make a formal submission to Council. Submissions received by Council in accordance with Section 223 of the Act will be considered by Council prior to the final Council consideration of the adoption of the Budget on Monday, 24 June 2019.

Budget Development Process

The Proposed Budget 2019/2020 has been prepared with a focus on responsible financial management and in accordance with the Local Government Act 1989, Local Government (Planning and Reporting) Regulations 2014 and Accounting Standards.

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The Proposed Budget 2019/2020 is for the Year 1 July 2019 to 30 June 2020.

The financial statements included in the Proposed Budget 2019/2020 have been prepared for the year ended 30 June 2020 in accordance the Local Government Act 1989, Local Government (Planning and Reporting) Regulations 2014 and are consistent with the annual financial statements which are prepared in accordance with applicable Australian Accounting Standards.

The Proposed Budget 2019/2020 also includes information about the rates and charges to be levied, the capital works program to be undertaken, the human resources required to deliver Council services, and other financial information required in order for Council to make informed decisions about its financial future.

In advance of preparing the Proposed Budget 2019/2020, officer’s first review and update Council's long term financial projections. Financial projections for at least four years are ultimately included in Council's Strategic Resource Plan, which is the key medium-term financial plan produced by Council on a rolling basis for consideration.

The preparation of the budget, within this broader context, begins with the Banyule financial sustainability strategy, including the strategic operating and capital requirements to deliver the required level of service delivery. Budget parameters are determined and model scenarios are prepared. This includes consideration of the appropriate rate increase and projections on the likely rate cap increase to be determined by the Minister for Local Government.

The budget parameters are discussed at briefings throughout the year. This process allows consideration of changes in areas of the budget and includes changes based on ongoing and extensive information received from the community consultation processes throughout the year; and on specific consultation undertaken including on the fees and charges schedule and Rating Strategy for the 2019/2020 financial year.

This Proposed Budget 2019/2020 has been prepared and is now submitted to Council for ’in principle’ approval. Subject to approval Council is required to give ’public notice’ that it intends to ’adopt’ the budget. It must give 28 days’ notice of its intention to adopt the proposed budget and make the budget available for inspection at its offices and on its internet web site during this period.

A person has a right to make a submission on any proposal contained in the Proposed Budget 2019/2020 and any submission must be considered before the final adoption of the Budget by Council. It is at Council’s discretion whether any submission or submissions affect the final budget outcome.

The final step is for Council to adopt the Budget after receiving and considering any submissions from interested parties. Council endeavours to have its Budget adopted by 30 June each year in order to have all its financial resources in place for the ensuing year of work for the community.

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Proposed Budget 2019/2020 Highlights

During the preparation on this Budget, great care has been taken to ensure Council

can demonstrate responsible financial management and governance. It looks to

balance competing demands on providing community services, maintaining and

renewing infrastructure with the community’s capacity to pay for it. Services provided

by Council are now more affordable to the community with no increase in 24% of

Council’s individual fees and charges for 2019/2020.

Council will continue delivering quality and inclusive services to the community that

offer value for money and respond to community needs; lead on environmental

sustainability; invest in infrastructure and community facilities that service our

community today and for future generations; plan for our growing City addressing

development, transport, open space and diversity; and maintain our public and open

spaces and preserve neighbourhood character.

To help us to deliver on these main focus areas and important initiatives above

Council will work in partnership with the community; engage with our community to

ensure they are well informed and represented and meaningfully involved in decision

making; encourage community participation and inclusion to provide opportunities for

all; and advocate for our community to improve services, infrastructure and social

outcomes.

Council continues to manage responsibly and efficiently so that it can deliver its planned capital works program in 2019/2020.

Investing in infrastructure and initiatives

The Proposed Budget 2019/2020 has an allocation of $62.46 million to deliver capital works projects and $7.16 million to deliver Council initiatives (including projects carried forward from 2018/2019). A budgeted surplus of $7.97 million will help to fund the capital works projects and the repayment of Councils borrowings.

The Council will enhance our open spaces and sporting facilities, create community hubs and continue to renew vital infrastructure. Social enterprise and transport advocacy (including North East Link) will be enriched. Resources to support the environment action package, customer service focus and digital transformation will enhance significantly our Council Plan key strategic objectives.

Capital Works funded by the Proposed Budget include:

• Property and art collection $32.12 million

• Parks & gardens and playgrounds $11.36 million

• Roads, footpaths and bridges $8.88 million

• Plant and equipment (and intangible assets) $8.08 million

• Drainage and irrigation $2.02 million

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Of the total capital works budget $32.40 million is invested into asset renewal and $26.38 million towards asset upgrade.

There is significant investment into our parks, gardens, playgrounds and shared

paths; upgrade to sporting grounds, facilities and pavilions. The Ivanhoe Community

Learning Hub has commenced construction and ongoing maintenance and upgrade

of our roads, bridges and acceleration of our drainage program.

Delivery of Core Services

Council’s Services and initiatives are categorised within the Proposed Council Plan 2017-2021 (Year 3) and funded (net expenditure) within the Proposed Budget 2019/2020 as follows:

• People: $19.686 million - Strong, Healthy and Inclusive Communities.

• Planet: $23.240 million - Environmental Sustainability.

• Place: $10.536 million - Great Places and Spaces.

• Participation: $7.051 million - Engagement and Advocacy.

• Performance: $18.301 million - Efficiency and Good Governance.

A major focus of Council is to promote and support good health for people of different ages, life stages and backgrounds. Council also assists local businesses and shopping precincts to thrive, while the neighbourhood houses and libraries continue to connect people and offer a vast array of learning opportunities. Council provides a range of popular community events and activities, and investing in recreation, leisure and arts, helping to support a vibrant, connected community.

General Rates

Council will increase rates by 2.50% in line with the State Government’s Fair Go Rates System. Rates and charges will contribute $103.26 million to address ageing infrastructure, improve the amenity and quality of community assets and deliver vital services across the breadth of the City.

The general rates, service charges and municipal charge must be paid by four instalments on or before dates fixed under Section 167 of the Local Government Act 1989.

Council will, subject to Section 172 of the Local Government Act 1989, require a person to pay interest on any rates and charges which that person is liable to pay and which have not been paid by the dates specified for their payment. The penalty interest rate is 10% per annum as set by the Attorney-General under the Penalty Interest Rates Act 1983, effective from 1 February 2017.

The Proposed Budget 2019/2020 works in line with the directives of the Proposed Council Plan 2017-2021 (Year 3). Councillors and staff are committed to achieving these medium and long-term objectives that ensure we are building a better Banyule.

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Fees and Charges

Council aims to ensure that services provided by Council are affordable to the

community.

For 2019/2020 there will be no increase in 24% of Council’s individual fees and

charges. Some of the fees where the price has remained at the same unit value as

2018/2019 include:

• various Olympic, Ivanhoe Leisure and WaterMarc fees such as casual swim

classes, concession and family passes, administration fees, joining fees,

suspension time fee, personal training (intro) and group fitness fees.

• various hall hire and meeting room fees mainly for private community groups

and casual use, bond, set up fees and locker and administration fees.

• permits for domestic minor building works including sheds, decks, swimming

permits, and bushfire assessments.

• tenancy fees and room hire at Shop 48

• immunisation vaccines

• animal management transfer of registration from another municipality

• Jets Studio equipment and facility hire

LEGAL CONSIDERATION

Subject to Council ‘in principle’ approval and in accordance with Section 129 of the Act, the Proposed Budget 2019/2020 will be made available to the public commencing Thursday, 11 April 2019 and concluding Wednesday 8 May 2019.

Advertisements are to be placed in The Age and Leader newspapers at the commencement of the public notice period. A copy of the Proposed Budget 2019/2020 will be available for inspection on Council’s website and at the Ivanhoe, Rosanna and Greensborough Customer Service Centres from Thursday, 11 April 2019.

It will also be promoted at local libraries, together with the Proposed Council Plan 2017-2021 (Year 3). The required statutory notice advertisement is to appear on Council’s website and in The Age on Wednesday, 10 April 2019.

Under the Sections 127 and 130 of the Local Government Act 1989, Council is required to prepare and adopt an annual budget for each financial year.

Council will hear and consider public submissions to the 2019/2020 exhibited Proposed Budget 2019/2020 on Monday, 20 May 2019 prior to considering adoption of the Proposed Budget 2019/2020 on Monday, 24 June 2019.

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HUMAN RIGHTS CHARTER

In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited restricted or interfered with by the recommendations contained in this report.

The preparation and adoption of Council’s Budget actually facilitates the protection of many of our communities human rights as funding for many Council projects, programs and initiatives is directly related to protecting and enhancing the human rights of the community.

Council continues to work on behalf of its community to ensure the upholding of human rights for all and it is considered that the subject matter does not raise any human rights issues.

SUBMISSIONS

All submissions to the budget received in the statutory advertising period will be put forward to Council for consideration. In addition a summary of the issues will be presented to the Council meeting on Monday, 20 May 2019. Submissions must be made in writing to Council by close of business on Wednesday, 8 May 2019.

CONSULTATION

The Proposed Budget 2019/2020 will be available for public inspection between Thursday, 11 April 2019 and Wednesday 8 May 2019 at the following locations:

• Ivanhoe, Rosanna and Greensborough Customer Service Centres

• Council’s online community engagement site ‘Shaping Banyule’

The Proposed Budget 2019/2020 is developed within Council’s overall strategic planning framework. This framework guides the Council with information that aids in identifying community needs and aspirations over the long-term, converting these into medium (Council Plan) and short-term (Annual Budget) objectives, key directions, initiatives, activities and allocates resources in a considered manner with this information.

Accountability to our community is ensured through Audited Financial and Performance Statements (containing our key performance indicators) within the statutory annual report to the community. Council also presents regular financial reports and performance updates to the community throughout the year

Essential in the planning and allocation of Council’s resources is the critical link to the community. Banyule undertakes an ongoing and iterative process of engagement across all parts of the community and uses detailed demographics and industry benchmark information to stay informed about the needs of the community.

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Consultation on the Rating Strategy and Schedule of fees and Charges was undertaken to inform the community of the Strategy and Councils proposed fees and charges and to ensure the support of the community. The consultation was undertaken through the Shaping Banyule section on Council’s website.

The Rating strategy was then adopted at the Council meeting on 18 March 2019, and the schedule of fees and charges are now recommended to be included in the proposed Budget 2019/2020.

TIMELINES

• The proposed Budget 2019/20 will be submitted to the Monday, 8 April 2019 Council Meeting (along with the proposed Council Plan 2017-2021 (Year 3))

• Subject to Council approval, the final proposed Budget and proposed Council Plan will be on public exhibition from 11 April to 8 May 2019, giving the community a final opportunity for comment.

• At the Council Meeting on Monday 20 May 2019, Council will hear and consider submissions (and then determine if any changes need to be made to the proposed Budget or Council Plan)

• At the Council Meeting on Monday 24 June 2019, Council will consider adoption of the proposed Budget and Council Plan.

OFFICER DECLARATION OF CONFLICT OF INTEREST

Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates.

Council officers involved in the preparation of this report have no conflict of interest in this matter.

CONCLUSION

This Proposed Budget meets the requirements of Section 127 of the Local Government Act 1989 which requires Council to prepare a budget for each financial year.

To ensure compliance with legislative disclosure requirements the compliance checklist provided in the Local Government Better Practice guide - Model Budget 2019/2020 - has been completed.

The Proposed Budget for 2019/2020 is aligned to the long-term strategies as outlined in the Proposed Council Plan 2017–2021 (Year 3), and is in line with Council's commitment to sustainable budgeting and responsible financial management.

ATTACHMENTS

No. Title Page

1 Banyule City Council Proposed Budget 2019/2020 (Under Separate Cover)

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7.3 BANYULE'S ELECTORAL REPRESENTATION REVIEW

Author: Emily Outlaw - Governance Team Leader, Corporate Services

EXECUTIVE SUMMARY

The Local Government Act 1989 (the Act) requires the Victorian Electoral Commission (VEC) to conduct Electoral Representation Reviews before every third council election, approximately every 12 years.

The purpose of a review is to provide for fair and equitable representation of the voters of the council and considers:

• Number of Councillors • Number of wards • Size of wards and; • Whether wards are represented as single or multimember wards

The last Electoral Review for Banyule City Council was in 2007.

A review of Banyule Council’s structure will begin from Wednesday 26 June 2019.

The process of conducting an electoral representation review involves two stages of public consultation where Council and members of the public are encouraged to make submissions. Timelines are outlined in this paper.

As the reviewers, the VEC have obligations to advertise the process. Council will also communicate the process, and will promote Council’s position, (should Council wish to resolve a position).

To assist in preparing a draft submission and in undertaking a communication strategy to seek support for Council’s preferred position, it is useful for Council to determine and agree on that position at this early stage, well before the Review gets underway in the middle of the year.

RECOMMENDATION

That Council

1. Note the Victorian Electoral Commission (VEC) will commence an Electoral Representation Review of Banyule City Council on 26 June 2019.

2. Consider making a submission to the Victorian Electoral Commission (VEC) at a future council meeting as part of the preliminary submissions stage of the electoral representation review

3. Develop a communication and engagement plan to inform the community of the forthcoming review.

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BANYULE'S ELECTORAL REPRESENTATION REVIEW cont’d

Ordinary Meeting of Council - 8 April 2019 Page 67

COUNCIL PLAN

This report is in line with Banyule’s Council Plan key direction to “Provide good governance and be accountable”.

BACKGROUND

Part 10 of the Local Government Act 1989 (the Act) provides that the VEC must conduct electoral representation reviews of all councils.

Each local council must be reviewed before every third general election after the council’s last review (approximately every 12 years). A review cannot commence until 2 years before and must be completed no later than 6 months before a council’s general election.

Electoral structures and boundaries aim to provide fair and equitable representation for voters. Considerations generally include the following types of matters:

• communities of interest • demographics • geography • growth potential.

In all cases, voter numbers for each councillor should not vary by more than 10% from the councillor-to-voter ratio across a whole council.

Previous Review

In 2007 the VEC conducted the last representation review of Banyule Council, initially recommending a change to 9 single ward councillors in their preliminary report. The second public consultation period in response to the VEC’s preliminary report resulted in 58 submissions.

The VEC’s final recommendation was that Banyule Council’s representation structure remain as 7 single ward councillors.

LEGAL CONSIDERATION

The Local Government Act 1989 (section 219A) provides for independent reviews of electoral representation by all Councils on a regular basis to provide for fair and equitable representation. The Act stipulates the frequency, conduct and implementation of the review and the independent duty of the VEC.

The Act also provides for the VEC’s reasonable expenses to be paid by Council.

HUMAN RIGHTS CHARTER

In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Victorian Charter of Human Rights and Responsibilities.

It is considered that the subject matter does not raise any human rights issues.

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BANYULE'S ELECTORAL REPRESENTATION REVIEW cont’d

Ordinary Meeting of Council - 8 April 2019 Page 68

FUNDING IMPLICATIONS

The VEC will recovers costs for the electoral representation review and includes recovering some costs from council. This is estimated at $55,000 and includes statutory advertising, local advertising, public information and hearings costs, and population and projections research.

CONSULTATION

Whilst the VEC are responsible for the consultation, Council will communicate the details of the review on its website, social media, Banyule Banner and local media.

COUNCIL POSITION

To assist in preparing a draft submission and in undertaking communication to seek support for Council’s preferred position, it is useful for Council to determine and agree on that position at this early stage before the review gets underway in the middle of the year.

What should Council’s position be? Things to consider:

• General sense that Council is supportive of retaining the existing structure. • Operating effectively as is • No examples of the poor governance issues that have plagued other councils,

ie good relationships and cooperation has existed • Maintained financial stability • Population increase has been steady and minimal compared to other councils

TIMELINES

Council host information sessions run by VEC at Greensborough & Ivanhoe

Week commencing 24 June 2019

Preliminary submissions open Wednesday 26 June 2019

Council report to consider resolving council’s submission to VEC

15 July 2019 Council meeting

Preliminary submissions close Wednesday 24 July 2019, 5.00 pm

Preliminary report released Wednesday 21 August 2019

Council report to consider council’s response submission to VEC

16 September 2019 (council meeting)

Response submissions close Wednesday 18 September 2019, 5.00 pm

Public hearing* Monday 23 September 2019

Final report released Wednesday 16 October 2019

*A public hearing is scheduled for those who have requested to speak in support of their response submission. If there are no requests to speak, the hearing will not be held.

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BANYULE'S ELECTORAL REPRESENTATION REVIEW cont’d

Ordinary Meeting of Council - 8 April 2019 Page 69

A communications strategy has been put together to ensure the community are well informed throughout the process.

OFFICER DECLARATION OF CONFLICT OF INTEREST

Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates.

Council officers involved in the preparation of this report have no conflict of interest in this matter.

CONCLUSION

The Victorian Electoral Commission (VEC) is reviewing the future structure of Banyule’s electoral representation.

The review will consider the number of Councillors, number and size of wards and whether wards are represented as single or multimember wards.

The review will include public consultation, submissions periods with the ability to be heard at a public hearing at the preliminary stage and final stage of the review. This includes both Council and members of the public making submissions.

The review commences on the 26 June to be finalised by the 16 October 2019.

To assist in preparing a draft submission and in undertaking a communication strategy it would be beneficial to understand council’s preferred position.

ATTACHMENTS

Nil

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Ordinary Meeting of Council - 8 April 2019 Page 70

7.4 PROPOSED LEASE - BANYULE CITY COUNCIL AND HEIDELBERG THEATRE COMPANY INC - 36 TURNHAM AVENUE, ROSANNA

Author: Andrea Turville - Property Officer, City Development

Ward: Ibbott

EXECUTIVE SUMMARY

Council owns and currently leases the land and improvements at 36 Turnham Avenue, Rosanna (“Premises”), to Heidelberg Theatre Company Inc. (“HTC”).

The existing lease which expired on the 17 July 2002 did not provide an option for a further term.

It is now proposed that Council enter into a new 10 year lease with HTC commencing 1 January 2019.

The proposal to enter into a new lease requires Council to give public notice under section 190 of the Local Government Act 1989 (“the Act”).

In accordance with section 190 of the Act, public notice was given in the “Heidelberg Leader” on 5 February, 2019 and the “Diamond Valley Leader” on 6 February, 2019, with the public invited to make submissions on the proposal in accordance with section 223 of the Act. The submission period closed at 5.00 pm on Wednesday 6 March 2019 with no submissions being received.

This report seeks Council’s decision on the granting of the lease for the term of 10 years commencing 1 January 2019, with no further term, at the commencing rent of $120.00 per annum plus GST incorporating a 2% annual rent increase.

RECOMMENDATION

That Council:

1. Having complied with sections 190 and 223 of the Act by:

(a) giving public notice in the “Heidelberg Leader” on 5 February 2019 and the “Diamond Valley Leader on 6 February 2019; and

(b) providing an opportunity to those who have requested to be heard at Council’s Ordinary Meeting of Monday 8 April, 2019; and

(c) recording that no submissions were received;

Council grants a lease to the Heidelberg Theatre Company Inc. at 36 Turnham Avenue, Rosanna for a term of 10 years commencing 1 January 2019 with a commencing rent of $120.00 per annum plus GST.

2. The necessary documentation to effect the lease be signed and sealed at the appropriate time.

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PROPOSED LEASE - BANYULE CITY COUNCIL AND HEIDELBERG THEATRE COMPANY INC - 36 TURNHAM AVENUE, ROSANNA cont’d

Ordinary Meeting of Council - 8 April 2019 Page 71

COUNCIL PLAN

This report is in line with Banyule’s Council Plan key direction to “Manage the systems and assets that support service delivery”.

BACKGROUND

Council owns and currently leases the land and improvements at 36 Turnham Avenue, Rosanna (“Premises”), to Heidelberg Theatre Company Inc. (“HTC”).

The existing lease which expired on the 17 July 2002 did not provide an option for a further term.

Following a lengthy negotiation process, it is now proposed that Council enter into a new 10 year lease with HTC commencing 1 January 2019.

The permitted use under the lease allows for the provision of social, educational and recreational activities and services associated with non-professional theatre productions, managed and administered by a non-profit community based committee of management for the benefit of the ratepayers of the City of Banyule, including those who are socially and/or financially disadvantaged and people with special needs.

This report seeks Council’s decision on the granting of the lease for the term of 10 years commencing 1 January 2019, with no further term, at the commencing rent of $120.00 per annum plus GST incorporating a 2% annual rent increase.

LEGAL CONSIDERATION

The proposal to enter into a new lease requires the need to give public notice under section 190 of the Act.

In accordance with Section 190 of the Act, public notice was given in the “Heidelberg Leader” on 5 February, 2019 and the Diamond Valley Leader on 6 February, 2019, with the public invited to make submissions on the proposal in accordance with section 223 of the Act. The submission period closed at 5.00 pm on Wednesday 6 March, 2019 with no submissions being received.

HUMAN RIGHTS CHARTER

In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Victorian Charter of Human Rights and Responsibilities.

It is considered that the subject matter does not raise any human rights issues.

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PROPOSED LEASE - BANYULE CITY COUNCIL AND HEIDELBERG THEATRE COMPANY INC - 36 TURNHAM AVENUE, ROSANNA cont’d

Ordinary Meeting of Council - 8 April 2019 Page 72

Locality Plan

Figure 1: 36 Turnham Avenue, Rosanna

OFFICER DECLARATION OF CONFLICT OF INTEREST

Section 80C of the Act requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates.

Council officers involved in the preparation of this report have no conflict of interest in this matter.

CONCLUSION

The proposal to grant a lease to the Heidelberg Theatre Company Inc. with regard to the Council-owned land and improvements at 36 Turnham Avenue, Rosanna, for the term of 10 years commencing 1 January 2019 should be supported to enable the continued social, educational and recreational activities at the premises.

ATTACHMENTS

Nil

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7.5 AWARD OF CONTRACT NUMBER '0976-2018 - CULTURAL HERITAGE CONSULTANT PANEL'

Author: Liam McArdle - Project Engineer, Assets & City Services

EXECUTIVE SUMMARY

This report is to consider the awarding of Contract No 0976-2018 for ‘Cultural Heritage Consultant Panel’.

Analysis of the delivery of Councils capital works programme and existing contract arrangements has identified that Council would benefit from appointing a panel of cultural heritage consultants to increase efficiency and value for money.

The funding for all works undertaken under this contract will be from Councils capital works programme, which is adopted at the start of each financial year.

The anticipated expenditure on this contract is approximately $1M over the expected three year contract. The proposed contract term is one (1) year initially with extension options of one plus one (1+1) at Councils discretion.

Tenders were advertised in The Age on Council’s web site. During this period sixteen (16) companies downloaded the tender documents and five (5) submissions were received by closing time.

The Tender Evaluation Panel recommends that Council award, Contract No 0976-2018 for ‘Cultural Heritage Consultant Panel’, on a schedule of rates basis to four contractors.

RECOMMENDATION

That:

1. Contract No. 0976-2018 for ‘Cultural Heritage Consultant Panel’ be awarded to:

• Ecology and Heritage Partners T/A Ecology and Heritage Partners Pty Ltd

• GML Heritage Victoria Pty Ltd T/A Context • On Country Heritage and Consulting T/A On Country • Eco Logical Australia Pty Ltd

2. Council authorise the Chief Executive Officer or delegate to approve future extensions under the contract subject to continued satisfactory performance of the consultants.

3. The Common Seal of the Banyule City Council be affixed to the contract agreement.

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AWARD OF CONTRACT NUMBER '0976-2018 - CULTURAL HERITAGE CONSULTANT PANEL' cont’d

Ordinary Meeting of Council - 8 April 2019 Page 74

COUNCIL PLAN

This report is in line with Banyule’s Council Plan key direction to “plan and manage the systems and assets that support Council’s service delivery”.

BACKGROUND

Council delivers a diverse range of projects across its capital works programme, some of which require cultural heritage assessments.

Analysis of the delivery of council’s capital works programme and existing contract arrangements identified that council has:

• No current capacity to quickly engage a cultural heritage designer.

• Procuring works via public quote will often added significant time and financial costs to projects.

To increase efficiency and value for money, Council is seeking to appoint a panel of cultural heritage consultants to undertake works on a schedule of rates basis. Works may also be allocated on a lump sum for individual projects through quotations.

The proposed contract term is one (1) year initially with extension options of one plus one (1+1) at Councils discretion.

Tenders were advertised in The Age on 3 November 2018 and on Council’s website. During the period that the tenders were open, sixteen (16) companies downloaded the tender documents. Tenders closed at 3.00pm 27 November 2018 and five (5) submissions were received by the closing time.

LEGAL CONSIDERATION

Section 186 of the Local Government Act 1989 (Act) requires councils to undertake a competitive process to test the market by giving public notice and invite tenders before entering into a contract when the value of the contract is equal to or greater than:

• $150,000 (including GST) for contracts for the purchases of goods or services; or • $200,000 (including GST) for contracts for the carrying of works.

These thresholds have been set in alignment with the thresholds that apply to State Government and are reviewed from time to time. The threshold for the ‘carrying out of works’ was set by Ministerial Direction by order in Council dated 5 August 2008.

The awarding of this contract complies with the tendering provisions of Section 186 of the Local Government Act 1989.

Additional confidential information is contained in Attachment 1, as circulated in the confidential section of the agenda attachments. This is in accordance with Section 89(2) of the Local Government Act 1989, as the information relates to contractual matters and premature disclosure of the information could be prejudicial to the

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AWARD OF CONTRACT NUMBER '0976-2018 - CULTURAL HERITAGE CONSULTANT PANEL' cont’d

Ordinary Meeting of Council - 8 April 2019 Page 75

interests of Council or other persons. This item has been included in the public agenda to facilitate transparency and accountability in Council's decision making.

BANYULE PROCUREMENT POLICY

Council’s Procurement Policy is made under Section 186A of the Local Government Act 1989.

The purpose of this Policy is to:

• provide policy and guidance to the Council to allow consistency and control over Procurement activities;

• demonstrate accountability to ratepayers; • provide guidance on ethical behaviour in public sector purchasing; • demonstrate the application of elements of best practice in purchasing; and • increase the probability of obtaining the right outcome when purchasing goods

and services.

The Act and the Procurement Policy of Council are the primary reference points for how all procurement should be performed.

The process for inviting quotations and evaluation was undertaken in accordance with the Policy.

HUMAN RIGHTS CHARTER

In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Victorian Charter of Human Rights and Responsibilities.

It is considered that the subject matter does not raise any human rights issues.

TENDER/QUOTATION EVALUATION

All submitted tenders were evaluated using the following evaluation criteria which was listed in the tender documents:

• Tendered price; • Previous performance, experience and reliability in the provision of similar

types of projects. • Qualifications and experience of nominated staff including experience of

nominated sub-contractors, • Existence of an accredited management system and procedures covering

quality, OH&S and environmental performance; • Demonstration of Social and Economic Sustainability • Other information which council consider as relevant.

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AWARD OF CONTRACT NUMBER '0976-2018 - CULTURAL HERITAGE CONSULTANT PANEL' cont’d

Ordinary Meeting of Council - 8 April 2019 Page 76

Tender Evaluation

The tenders were evaluated by the Tender Evaluation Panel (TEP) comprising of officers from Capital Projects and Procurement Units.

Prior to the opening of the tenders, the tender evaluation panel convened to set the weightings for each evaluation criteria and establish how the tenders would be evaluated, using a weighted evaluation matrix.

The tender evaluation panel individually scored the tenders and then a tender evaluation panel meeting was held to agree on the consensus scores. The weighted score for the tender was:

Tenderers name Weighted score

1. Ecology and Heritage Partners T/A Ecology and Heritage Partners Pty Ltd

85.00

2. GML Heritage Victoria Pty Ltd T/A Context 76.68

3. On Country Heritage and Consulting T/A On Country

73.51

4. Eco Logical Australia Pty Ltd 72.80

5. Tenderer E 59.52

In undertaking the assessment, all members of the TEP completed and signed the Conflict of Interest and confidentiality declaration.

The tender evaluation panel recommends that the top four (4) contractors be appointed to the panel having a weighted score greater than 70.

FUNDING IMPLICATIONS

The funding for all works undertaken under this contract will be from Councils Capital Works programme, which is adopted by Council at the start of each financial year.

The anticipated expenditure on this contract is:

• Financial Year 2019/20 - $ 300,000 • Financial Year 2020/21 - $ 350,000 • Financial Year 2021/22 - $ 350,000

OFFICER DECLARATION OF CONFLICT OF INTEREST

Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates.

Council officers involved in the preparation of this report have no conflict of interest in this matter.

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AWARD OF CONTRACT NUMBER '0976-2018 - CULTURAL HERITAGE CONSULTANT PANEL' cont’d

Ordinary Meeting of Council - 8 April 2019 Page 77

CONCLUSION

As a result of the tender evaluation, the Tender Evaluation Panel recommends that Council award Contract No. 0976-2018 for ‘Cultural Heritage Consultant Panel’, on a schedule of rates basis to the following contractors:

• Ecology and Heritage Partners T/A Ecology and Heritage Partners Pty Ltd • GML Heritage Victoria Pty Ltd T/A Context • On Country Heritage and Consulting T/A On Country • Eco Logical Australia Pty Ltd

ATTACHMENTS

No. Title Page

1 Tender Evaluation Matrix - CONFIDENTIAL

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7.6 AWARD OF CONTRACT NO 0974-2018 - CONSTRUCTION OF PEDESTRIAN BRIDGE FROM WOOD STREET TO OLYMPIC PARK, HEIDELBERG WEST

Author: Liam McArdle - Project Engineer, Assets & City Services

Ward: Olympia

EXECUTIVE SUMMARY

This report is to consider the awarding of Contract No 0974-2018 for “Construction of Pedestrian Bridge from Wood Street to Olympic Park, Heidelberg West”.

Historically Darebin City Council have been the caretakers of the existing laminated timber bridge and undertook all of the ongoing inspections and maintenance works.

The existing bridge is over 40 years old and ongoing structural and condition reports have found it to be at the end of its serviceable life. It is the recommendation of these reports that the bridge must be replaced before failure occurs.

Tenders were advertised in The Age and on Council’s website. During this period thirty two (32) companies downloaded the tender documents and eight (8) submissions were received by the closing time.

As a result of the tender evaluation, the Tender Evaluation Panel recommends that Council award Contract No 0974-2018 ‘Construction of Pedestrian Bridge from Wood Street to Olympic Park, Heidelberg West’, for the lump sum price of $554,032.00 (excl. GST), to Elite Crossings Pty Ltd.

This project has allocated funds as part of the 2018/19 Capital Works Program and will be a 50/50 joint funding project with Darebin City Council.

RECOMMENDATION

That:

1. Contract No. 0974-2018 for ‘Construction of Pedestrian Bridge from Wood Street to Olympic Park, Heidelberg West’ be awarded to Elite Crossings Pty Ltd for $554,032.00 (ex. G.S.T).

2. The Common Seal of the Banyule City Council be affixed to the contract agreement.

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AWARD OF CONTRACT NO 0974-2018 - CONSTRUCTION OF PEDESTRIAN BRIDGE FROM WOOD STREET TO OLYMPIC PARK, HEIDELBERG WEST cont’d

Ordinary Meeting of Council - 8 April 2019 Page 79

COUNCIL PLAN

This report is in line with Banyule’s Council Plan key direction to “plan and manage the systems and assets that support Council’s service delivery”.

BACKGROUND

Historically Darebin City Council have been the caretakers of the existing laminated timber bridge and undertook all of the ongoing inspections and maintenance works.

The existing bridge is over 40 years old and ongoing structural and condition reports have found it to be at the end of its serviceable life. It is the recommendation of these reports that the bridge must be replaced before failure occurs.

As part of the 2018/19 financial year Capital Works programme, Council is proposing to demolish the existing bridge and replace it with a new one in order to provide a safe and functional crossing for pedestrians.

Tenders were advertised in The Age on 24 November 2018 and on Council’s website. During the period that the tenders were open, 32 companies downloaded the tender documents. Tenders closed at 3.00pm on 22 January 2019 and 8submissions were received by the closing time.

LEGAL CONSIDERATION

Section 186 of the Local Government Act 1989 (Act) requires councils to undertake a competitive process to test the market by giving public notice and invite tenders before entering into a contract when the value of the contract is equal to or greater than:

• $150,000 (including GST) for contracts for the purchases of goods or services; or • $200,000 (including GST) for contracts for the carrying of works.

These thresholds have been set in alignment with the thresholds that apply to State Government and are reviewed from time to time. The threshold for the ‘carrying out of works’ was set by Ministerial Direction by order in Council dated 5 August 2008.

The awarding of this contract complies with the tendering provisions of Section 186 of the Local Government Act 1989.

Additional confidential information is contained in Attachment 1, as circulated in the confidential section of the agenda attachments. This is in accordance with Section 89(2) of the Local Government Act 1989, as the information relates to contractual matters and premature disclosure of the information could be prejudicial to the interests of Council or other persons. This item has been included in the public agenda to facilitate transparency and accountability in Council's decision making.

BANYULE PROCUREMENT POLICY

Council’s Procurement Policy is made under Section 186A of the Local Government Act 1989.

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AWARD OF CONTRACT NO 0974-2018 - CONSTRUCTION OF PEDESTRIAN BRIDGE FROM WOOD STREET TO OLYMPIC PARK, HEIDELBERG WEST cont’d

Ordinary Meeting of Council - 8 April 2019 Page 80

The purpose of this Policy is to:

• provide policy and guidance to the Council to allow consistency and control over Procurement activities;

• demonstrate accountability to ratepayers; • provide guidance on ethical behaviour in public sector purchasing; • demonstrate the application of elements of best practice in purchasing; and • increase the probability of obtaining the right outcome when purchasing goods

and services.

The Act and the Procurement Policy of Council are the primary reference points for how all procurement should be performed.

The process for inviting quotations and evaluation was undertaken in accordance with the Policy.

HUMAN RIGHTS CHARTER

In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Victorian Charter of Human Rights and Responsibilities.

It is considered that the subject matter does not raise any human rights issues.

TENDER/QUOTATION EVALUATION

All submitted tenders were evaluated using the following evaluation criteria which was listed in the tender documents:

• Tendered price; • Previous performance, experience and reliability in the provision of similar

types of projects. • Qualifications and experience of nominated staff including experience of

nominated sub-contractors, • Existence of an accredited management system and procedures covering

quality, OH&S and environmental performance; • Demonstration of Social and Economic Sustainability • Other information which council consider as relevant.

Tender Evaluation

The tenders were evaluated by the Tender Evaluation Panel (TEP) comprising of officers from Capital Projects, Procurement Units and a representative from Darebin City Council.

Prior to the opening of the tenders, the tender evaluation panel convened to set the weightings for each evaluation criteria and establish how the tenders would be evaluated, using a weighted evaluation matrix.

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AWARD OF CONTRACT NO 0974-2018 - CONSTRUCTION OF PEDESTRIAN BRIDGE FROM WOOD STREET TO OLYMPIC PARK, HEIDELBERG WEST cont’d

Ordinary Meeting of Council - 8 April 2019 Page 81

The tender evaluation panel individually scored the tenders and then a tender evaluation panel meeting was held to agree on the consensus scores. The weighted score for the tender was:

Tenderers Name Weighted Score

1. Elite Crossings Pty Ltd 91.50

2. Tenderer B 70.43

3. Tenderer C 67.02

4. Tenderer D 62.03

5. Tenderer E 57.20

6. Tenderer F 52.48

7. Tenderer G 51.16

8. Tenderer H 40.36

In undertaking the assessment, all members of the TEP completed and signed the Conflict of Interest and confidentiality declaration.

Elite Crossings Pty Ltd were the lowest priced and highest scoring capable tenderer and as such were recommended as the preferred contractor for this contract.

Elite Crossings Pty Ltd were interviewed on Monday 4 March 2019 by members of Capital Projects, Assets and Infrastructure and Procurement, to discuss their capability and past performance.

Elite Crossings Pty Ltd were the successful contractor to the Dundas Street bridge joint project between Banyule and Darebin in 2017/18 and have completed that project to both Council’s satisfaction.

FUNDING IMPLICATIONS

Council has allocated funding in its 2018/19 capital works budget for this project.

This is a jointly funded project with Darebin City Council who are contributing 50 percent of the overall project cost.

OFFICER DECLARATION OF CONFLICT OF INTEREST

Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates.

Council officers involved in the preparation of this report have no conflict of interest in this matter.

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AWARD OF CONTRACT NO 0974-2018 - CONSTRUCTION OF PEDESTRIAN BRIDGE FROM WOOD STREET TO OLYMPIC PARK, HEIDELBERG WEST cont’d

Ordinary Meeting of Council - 8 April 2019 Page 82

CONCLUSION

As a result of the quotation evaluation, the Tender Evaluation Panel recommends that Council award Contract No. 0974-2018 ‘Construction of Pedestrian Bridge from Wood Street to Olympic Park, Heidelberg West’, to Elite Crossings Pty Ltd for the lump sum price of $554,032.00 (excl. GST).

ATTACHMENTS

No. Title Page

1 Tender Evaluation Matrix - CONFIDENTIAL

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7.7 AWARD OF CONTRACT 0973-2018 'CONTRACTOR FOR MAJOR CIVIL WORKS PANEL'

Author: Conrad Borja - Project Engineer, Assets & City Services

EXECUTIVE SUMMARY

This report is to consider the awarding of Contract No 0973-2018 for “Contractors for Major Civil Works Panel” to establish two categories for Civil Works and Sportsfield Construction.

Council delivers a diverse range of projects across its Capital Works and building maintenance programme with circa fifty percent of the programme related to civil works. Analysis of the delivery of the Capital Works programme identified that to increase efficiency and value for money, Council should appoint a panel of registered civil contractors to undertake major civil and sportsgrounds works.

The funding for all works undertaken under this contract will be from Councils Capital Works programme, which is adopted at the start of each financial year.

The anticipated expenditure on this contract is approximately $5M to $6M per year, over the expected three year contract, not including any minor works that may also be sought. The proposed contract term is one (1) year initially with extension options of one plus one (1+1+1+1) at Councils discretion.

Given the capital works programme over the coming years, the purpose of this contract was to attract tier 2 and 3 contractors as well as maintain some current contractors, who can provide all categories under each panel. This contract will eventually replace contracts 0873-2016 Civil Works and 0921-2017 Minor Civil Works panels when they expire.

Tenders were advertised in The Age on Saturday, 01 December 2018. During the period that the tenders were open, fifty four (54) contractors downloaded the tender documents. Tenders closed at 3.00pm on 22 January 2019 and nineteen (19) submissions were received by the closing time

The Tender Evaluation Panel (TEP) has recommended awarding the contract to 15 contractors in accordance with the tender and conditions as determined by Council.

RECOMMENDATION

That:

1. Contract No. 0973-2018 for ‘Contractor for Major Civil Works Panel’ be awarded to:

Civil Works Component

• Allpro Landworks Pty Ltd

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• CDN Contractors Pty Ltd • Global Rail Pty Ltd • Ramsay Civil Pty Ltd • Bosco Civil Pty Ltd • Evergreen Civil Pty Ltd • Fercon Pty Ltd • Forefront Engineering Pty Ltd • Franco Paving Pty Ltd • GP Bluestone Pty Ltd • JR Willet Pty Ltd • Metro Asphalt Pty Ltd • Plumbtrax Pty Ltd

Sportsfield Works Component

• Allpro Landworks Pty Ltd • CDN Contractors Pty Ltd • Global Rail Pty Ltd • Ramsay Civil Pty Ltd • Polytan Pty Ltd • Tiger Turf Pty Ltd

2. The Common Seal of the Banyule City Council be affixed to the contract agreement.

COUNCIL PLAN

This report is in line with Banyule’s Council Plan key direction to “plan and manage the systems and assets that support Council’s service delivery”.

BACKGROUND

Council delivers a diverse range of projects across its Capital Works programme with circa fifty percent of the programme related to civil works and sportsgrounds.

These projects range typically from $50,000 to $500,000.

Analysis of the delivery of the Capital Works programme identified that council had an: • Insufficient number of existing panel contractors to deliver major civil and

sportsfield works programme efficiently.

• A number of the existing panel contractors were pricing for projects well above market value.

• A number of the existing panel contractors could not commit sufficient resources to meet the requirements of the contract.

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• Due to expanding diversity of projects, existing panel contractors do not have the capability to perform all the works required.

To increase efficiency and value for money, Council is seeking to appoint a panel of registered civil contractors to undertake minor civil works on a schedule of rates basis. Works may also be allocated on a lump sum for individual projects through quotations.

Contractors must have the capability to perform integrated construction works comprising of, but not limited to:

Category 1 – Civil Work Panel

• Labour hire • Plant hire • Supply and delivery of construction materials • Demolition and waste disposal • Bulk Earthworks • Kerb and Channel • Paving • Drainage • Road and Asphalt works • Landscaping works

Category 2 – Sportsground Construction panel

• Sportsground works

The proposed contract term is one (1) year initially with extension options of one plus one (1+1+1+1) at Councils discretion

Tenders were advertised in The Age on Saturday, 01 December 2018. During the period that the tenders were open, fifty four (54) contractors downloaded the tender documents. Tenders closed at 3.00pm on 22 January 2019 and nineteen (19) submissions were received by the closing time

LEGAL CONSIDERATION

Section 186 of the Local Government Act 1989 (Act) requires councils to undertake a competitive process to test the market by giving public notice and invite tenders before entering into a contract when the value of the contract is equal to or greater than:

• $150,000 (including GST) for contracts for the purchases of goods or services; or • $200,000 (including GST) for contracts for the carrying of works.

These thresholds have been set in alignment with the thresholds that apply to State Government and are reviewed from time to time. The threshold for the ‘carrying out of works’ was set by Ministerial Direction by order in Council dated 5 August 2008.

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The awarding of this contract complies with the tendering provisions of Section 186 of the Local Government Act 1989.

Additional confidential information is contained in Attachment 1, as circulated in the confidential section of the agenda attachments. This is in accordance with Section 89(2) of the Local Government Act 1989, as the information relates to contractual matters and premature disclosure of the information could be prejudicial to the interests of Council or other persons. This item has been included in the public agenda to facilitate transparency and accountability in Council's decision making.

BANYULE PROCUREMENT POLICY

Council’s Procurement Policy is made under Section 186A of the Local Government Act 1989.

The purpose of this Policy is to:

• provide policy and guidance to the Council to allow consistency and control over Procurement activities;

• demonstrate accountability to ratepayers; • provide guidance on ethical behaviour in public sector purchasing; • demonstrate the application of elements of best practice in purchasing; and • increase the probability of obtaining the right outcome when purchasing goods

and services.

The Act and the Procurement Policy of Council are the primary reference points for how all procurement should be performed.

The process for inviting quotations and evaluation was undertaken in accordance with the Policy.

HUMAN RIGHTS CHARTER

In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Victorian Charter of Human Rights and Responsibilities.

It is considered that the subject matter does not raise any human rights issues.

TENDER/QUOTATION EVALUATION

A Tender Evaluation Panel (TEP), comprising of officers from Capital Projects and Procurement Unit, evaluated each quotation using a weighted matrix based on financial, technical, commercial and other criteria discussed further in this report.

Prior to the opening of the tenders, the tender evaluation panel convened to set the weightings for each of the evaluation criteria and establish how the tenders would be evaluated using a weighted evaluation matrix.

The panel members individually scored the remaining tenders using a pre-set scoring guide, and then a consensus meeting was held to agree on the scores. The schedule of rates was assessed against ‘notional’ projects which the council may typically undertake under this proposed contract.

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TENDERERS

CIV

IL W

OR

KS

–W

EIG

HT

ED

S

CO

RE

SP

OR

TS

FIE

LD

S

–W

EIG

HT

ED

S

CO

RE

1. Allpro Landworks 84.50 85.50

2. Bosco Civil Pty Ltd 79.65 N/A

3. CDN Constructors 71.07 68.29

4. Evergreen Civil 72.88 N/A

5. Fercon 69.30 N/A

6. Forefront Engineering 78.03 N/A

7. Franco Paving Pty Ltd 76.76 N/A

8. Global Rail 71.91 65.83

9. GP Bluestone 79.20 N/A

10. Contractor J Non-Compliant

11. JR Willett 80.34 N/A

12. Contractor L Non-Compliant

13. Metro Asphalt 67.76 N/A

14. Plumbtrax 70.05 N/A

15. Polytan N/A 66.97

16. Ramsey Civil 61.42 58.97

17. Contractor Q Non-Compliant

18. Contractor R Non-Compliant

19. Tiger Turf N/A 67.05

Clarifications were then requested from the remaining proponents for various aspects of their submissions.

Council undertook reference checks for the preferred contractors to confirm their capability and past performance.

In undertaking the assessment, all members of the TEP completed and signed the Conflict of Interest and confidentiality declaration.

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Tender Evaluation Criteria

All tenders were evaluated using the following evaluation criteria, which was listed in the tender document:

• Tendered price/rates; • Projects completed in last three years. • Previous performance, experience and reliability in the provision of similar types

of works. • Qualifications and experience of nominated staff. • Capacity and capability of the tenderer to undertake the services as specified; • Existence of an accredited management system and procedures covering

quality, OH&S and environmental performance; • Demonstration of Social and Economic sustainability. • Any other factor considered relevant including the ability to meet stipulated

timeframes.

FUNDING IMPLICATIONS

The funding for all works undertaken under this contract will be from Councils Capital Works programme, which is adopted by Council at the start of each financial year. The anticipated expenditure on this contract is:

• Financial Year 2018/19 - $ 5,000,000 • Financial Year 2019/20 - $ 5,500,000 • Financial Year 2020/21 - $ 6,000,000 • Financial Year 2021/22 - $ 6,000,000 • Financial Year 2022/23 - $ 5,500,000

OFFICER DECLARATION OF CONFLICT OF INTEREST

Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates.

Council officers involved in the preparation of this report have no conflict of interest in this matter.

CONCLUSION

As a result of the quotation evaluation, the Tender Evaluation Panel recommends that Council award Contract No. ‘0973-2018 Contractors for Major Civil Works Panel’, on a schedule of rates basis to the following contractors.

Civil Works Component

• Allpro Landworks Pty Ltd • CDN Contractors Pty Ltd • Global Rail Pty Ltd • Ramsay Civil Pty Ltd • Bosco Civil Pty Ltd • Evergreen Civil Pty Ltd

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• Fercon Pty Ltd • Forefront Engineering Pty Ltd • Franco Paving Pty Ltd • GP Bluestone Pty Ltd • JR Willet Pty Ltd • Metro Asphalt Pty Ltd • Plumbtrax Pty Ltd

Sportsfield Works Component

• Allpro Landworks Pty Ltd • CDN Contractors Pty Ltd • Global Rail Pty Ltd • Ramsay Civil Pty Ltd • Polytan Pty Ltd • Tiger Turf Pty Ltd

The following contractors are new suppliers to council. All other contractors are either current or previous suppliers:

• Bosco Civil • Global Rail • GP Bluestone • Ramsey Civil

ATTACHMENTS

No. Title Page

1 Attachment 1 - Tender Analysis - Sportsfields Only - CONFIDENTIAL

2 Attachment 2 Tender Analysis - Civil & Sportsfields - CONFIDENTIAL

3 Attachment 3 - Tender Analysis - Civil only - CONFIDENTIAL

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7.8 ASSEMBLY OF COUNCILLORS

Author: Rhylie De Graaff - Governance Support Officer, Corporate Services

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) 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: 4 March 2019

Type of Meeting: Councillor Briefing

Matters Considered: • Development Planning • Graffiti Management Strategy • Cemetery Trust • Heidelberg West Business Park

Councillors Present: Peter Castaldo Alison Champion Mark Di Pasquale Craig Langdon Tom Melican Wayne Phillips

Staff Present: Simon McMillan – Chief Executive Officer Allison Beckwith – Director Community Programs Marc Giglio – Director Corporate Services Geoff Glynn – Director Assets & City Services Scott Walker- Director City Development Vivien Ferlaino – Governance & Customer Service Coordinator Kerryn Woods – Executive Assistant to CEO & Councillors Joel Elbourne – Manager Planning & Building Roberta Colosimo – Manager Youth & Family Services Frances Gianinotti- Youth & Community Partnerships Coordinator Bianca Ellis – Acting Community Safety Officer Jan Richardson – Cemetery Administrator

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Erica Hardie – Acting City Futures Coordinator Daniela Ahimatos – Economic Development Officer James Stirton – Manager Environment & Planning

Others Present: Peter Barlow – Heidelberg West Business Park Association

Conflict of Interest: Nil

2 Date of Assembly: 4 March 2019

Type of Meeting: Councillor Briefing - Confidential

Matters Considered: Confidential Matters

Councillors Present: Peter Castaldo Alison Champion Mark Di Pasquale Craig Langdon Tom Melican Wayne Phillips

Staff Present: Simon McMillan – Chief Executive Officer Allison Beckwith – Director Community Programs Marc Giglio – Director Corporate Services Geoff Glynn – Director Assets & City Services Scott Walker- Director City Development Kerryn Woods – Executive Assistant to CEO & Councillors Roberta Colosimo – Manager Youth & Family Services Arun Chopra – Manager Major Projects

Others Present: Nil

Conflict of Interest: Nil

3 Date of Assembly: 4 March 2019

Type of Meeting: Councillor Briefing - Confidential

Matters Considered: Confidential Matters

Councillors Present: Peter Castaldo Alison Champion Mark Di Pasquale Craig Langdon Tom Melican Wayne Phillips

Staff Present: Simon McMillan – Chief Executive Officer Allison Beckwith – Director Community Programs Marc Giglio – Director Corporate Services Geoff Glynn – Director Assets & City Services Scott Walker- Director City Development Kerryn Woods – Executive Assistant to CEO & Councillors

Others Present: Nil

Conflict of Interest: Nil

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4 Date of Assembly: 13 March 2019

Type of Meeting: Banyule Environment Advisory Committee (BEAC) Meeting

Matters Considered: • Environmental Sustainability Grants • Climate Action – Communications • Electric Vehicles • Polystyrene • Tree Strategy • PPA • Solar Savers • Climate Action – Update • Towards Zero Waste Management Plan

Councillors Present: Peter Castaldo

Staff Present: Sian Gleeson – Environment Sustainability Coordinator James Stirton – Manager Environment & Place Ellie Hall - Environmental Sustainability Officer

Others Present: • Alan Leenaerts • Emmy Hickman • Katalin Foran • Michelle Giovas • Penny Grose • Samantha Jenkins

Conflict of Interest: Nil

5 Date of Assembly: 18 March 2019

Type of Meeting: Councillor Briefing

Matters Considered: Items on the ordinary agenda of 18 March 2019

3.1 Commonwealth Aged Care Reforms & Council’s Future Direction

7.1 Adoption of Banyule City Council’s Rating Strategy 2019/2020

7.2 Assembly of Councillors 8.1 Sealing of Documents Araluen Centre –

Possum Hollow Kiosk – 44 Beverley Road, Heidelberg

Councillors Present: Peter Castaldo Alison Champion Rick Garotti Craig Langdon Tom Melican Wayne Phillips

Staff Present: Simon McMillan – Chief Executive Officer Allison Beckwith – Director Community Programs Marc Giglio – Director Corporate Services Geoff Glynn – Director Assets & City Services Scott Walker- Director City Development

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ASSEMBLY OF COUNCILLORS cont’d

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Gina Burden – Manager Governance & Communications Vivien Ferlaino – Governance & Customer Service Coordinator Ellen Kavanagh – Governance Officer Lisa Raywood – Manager Health, Aged & Community Planning Shawn Neilson – Communications Coordinator

Others Present: Nil

Conflict of Interest: Nil

6 Date of Assembly: 25 March 2019

Type of Meeting: Councillor Briefing

Matters Considered: • Macleod Recreation & Fitness Centre • Greensborough Parking Plan • Electoral Representation Review • Draft Budget 2019/20

Councillors Present: Peter Castaldo Alison Champion Mark Di Pasquale Craig Langdon Tom Melican Wayne Phillips

Staff Present: Simon McMillan – Chief Executive Officer Allison Beckwith – Director Community Programs Marc Giglio – Director Corporate Services Geoff Glynn – Director Assets & City Services Scott Walker- Director City Development Gina Burden – Manager Governance & Communications Vivien Ferlaino – Governance & Customer Service Coordinator Kerryn Woods -Executive Assistant to CEO & Councillors Lucia Brennan – Major Facilities Coordinator Kathleen Petras - Transport Planning Team Leader Paul Bellis - Transport Planning & Advocacy Coordinator Johnathan Risby – Manager Transport Tania O’Reilly – Manager Finance & Procurement

Others Present: Nil

Conflict of Interest: Nil

7 Date of Assembly: 25 March 2019

Type of Meeting: Councillor Briefing - Confidential

Matters Considered: Confidential Contractual Matters

Councillors Present: Peter Castaldo Alison Champion

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Mark Di Pasquale Craig Langdon Tom Melican Wayne Phillips

Staff Present: Simon McMillan – Chief Executive Officer Allison Beckwith – Director Community Programs Marc Giglio – Director Corporate Services Geoff Glynn – Director Assets & City Services Scott Walker- Director City Development Kerryn Woods – Executive Assistant to CEO & Councillors Jonathan Risby – Manager Transport Paul Bellis - Transport Planning & Advocacy Coordinator David Bailey – Senior Technical Advisor

Others Present: Lars Babendererde - Engineering Consultant from Germany on Skype call

Conflict of Interest: Nil

8 Date of Assembly: 25 March 2019

Type of Meeting: Councillor Briefing - Confidential

Matters Considered: Confidential Matters

Councillors Present: Peter Castaldo Alison Champion Mark Di Pasquale Craig Langdon Tom Melican Wayne Phillips

Staff Present: Simon McMillan – Chief Executive Officer Allison Beckwith – Director Community Programs Marc Giglio – Director Corporate Services Geoff Glynn – Director Assets & City Services Scott Walker- Director City Development Kerryn Woods – Executive Assistant to CEO & Councillors

Others Present: Lydia Wilson

Conflict of Interest: Nil

RECOMMENDATION

That the Assembly of Councillors report be received.

ATTACHMENTS

Nil

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Sealing of Documents

Ordinary Meeting of Council - 8 April 2019 Page 95

8.1 SEALING OF DOCUMENTS - YARRA VALLEY HOCKEY CLUB INC - CYRIL CUMMINS RESERVE, 67-71 LIBERTY PARADE, BELLFIELD

Author: Gary Mills - Senior Property Officer, City Development

Ward: Olympia

RECOMMENDATION

That the Common Seal of the Banyule City Council be affixed to the Deed of Renewal and Variation of Occupancy Agreement between Banyule City Council and Yarra Valley Hockey Club Inc.

The following documents require the affixing of the Common Seal of Council:

1 PARTY\PARTIES: Banyule City Council and Yarra Valley Hockey Club Inc.

OFFICER: Gary Mills FILE NUMBER: F2013/1245 DOCUMENT: Deed of Renewal and Variation of Occupancy

Agreement ADDRESS: 67-71 Liberty Parade, Bellfield WARD: Olympia BRIEF EXPLANATION: Yarra Valley Hockey Club Inc. seeks to exercise an

option to renew its Occupancy Agreement for a further term of 15 Years commencing 1 January 2018 and ending 31 December 2032.

A variation of the Occupancy Agreement is necessary to update various schedules to the agreement and reflect an amendment to Planning Permit P758/2001 for: • minor extension of pavilion use operating hours; • minor change to the hours of lighting use; and • installation of an electronic scoreboard.

ATTACHMENTS

Nil