MINUTES OF THE COUNCIL MEETING
HELD AT THE COUNCIL CHAMBER, MORELAND CIVIC CENTRE,
90 BELL STREET, COBURG
ON WEDNESDAY 9 SEPTEMBER 2015
The meeting commenced at 7 pm
PRESENT:
Cr Meghan Hopper (Mayor), Cr Helen Davidson (Deputy Mayor), Cr Sue Bolton,
Cr Lita Gillies, Cr John Kavanagh, Cr Samantha Ratnam, Cr Michael Teti, (8.21pm)
Cr Lenka Thompson, Cr Rob Thompson, Cr Oscar Yildiz JP
APOLOGIES:
Cr Tapinos.
Cr Davidson moved, Cr Kavanagh seconded that The apology for Cr Tapinos be accepted.
Carried
OFFICERS:
Chief Executive Officer – Nerina Di Lorenzo
Director Corporate Services – James Scott
Director City Infrastructure – Grant Thorne
Acting Director Social Development – Barry Hahn
Director Planning and Economic Development - Kirsten Coster
Manager Governance – Lidia Harding
Governance Officer – Saskia Hunter
DECLARATION OF INTERESTS AND/OR CONFLICTS OF INTEREST:
Nil
CONFIRMATION OF MINUTES:
Cr Gillies moved, Cr Yildiz seconded that The minutes of the Council Meeting held on 12 August 2015 be confirmed.
Carried
PETITIONS:
Nil.
Minutes of the Council Meeting held on 9 September 2015 (D15/286246)
1
REPORTS FROM COMMITTEE TO COUNCIL:
RCC17/15
MORELAND ARTS BOARD MEETING 13 AUGUST 2015 (D15/258464)
The minutes of the Moreland Arts Board meeting held on 13 August 2015 are provided for
Council’s information.
Key Items Discussed:
 Moreland Arts and Culture Strategy 2011-2016 evaluation;
 Development of next Arts and Culture Strategy; and
 Cuts to Australia Council funding and establishment of National Program for Excellence
in the Arts (NPEA).
Cr Gillies moved, Cr Yildiz seconded that The report from Committee to Council be received and noted.
Carried
RCC18/15
PERFORMING ARTS MORELAND (PAM) ANNUAL REPORT TO COUNCIL
2014-2015 (D15/265588)
The Performing Arts Moreland (PAM) annual report to Council for 2014-2015 is provided for
Council’s information.
Key Items Discussed:
 Performing Arts Moreland (PAM) annual report to Council for 2014-2015
Cr L Thompson moved, Cr R Thompson seconded that 1.
The report from Committee to Council be received and noted and the Performing Arts
Moreland (PAM) Board thanked for their work.
2.
That the report be amended to note Cr Lenka Thompson as a current member of the
Performing Arts Moreland Board.
3.
That a report be presented to Council outlining future options for a Festivals and
Events delivery model.
Carried
RCC19/15
RECONCILIATION ADVISORY COMMITTEE MINUTES (D15/260983)
The minutes of the Reconciliation Advisory Committee meetings held on 14 August 2014;
22 October 2014; 11 February 2015; 1 April 2015 and 11 June 2015 are provided for
Council’s information.
Key Items Discussed:
 Drafting and implementation of Reconciliation Action Plan 2014 and Reconciliation
Action Plan 2015 – 2016
 Moreland Awards 2015 and the inclusion of Lisa Bellear Award for contribution to
reconciliation activities
 Daft Memorandum of Understanding with the Wurundjeri Council
 Extension of the Aboriginal Community Elders Services in Brunswick
 The acquisition and development of the Former Ballertt Mooroop College Site
 The ‘Moreland Remembers World War 1’ exhibition and consultation results
 Presentation by Ms Anoushka Lenfer from the Native Title Unit on the Traditional
Owners Settlement Act
Minutes of the Council Meeting held on 9 September 2015 (D15/286246)
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 Reconciliation and NAIDOC Week celebrations including NAIDOC Ball participation
 Acknowledgements of passing of Uncle Alf Bamblett and Aunty Walda Blow and Nancy
Green
Cr Ratnam moved, Cr Bolton seconded that The report from Committee to Council be received and noted.
Carried
RCC20/15
MORELAND HOUSING MATTERS ADVISORY COMMITTEE- MINUTES OF
MEETINGS 9 APRIL & 6 JUNE 2015 (D15/261446)
The minutes of the Moreland Housing Matters Advisory Committee meetings held on 9 April
and 6 June 2015 are provided for Council’s information.
Key Items Discussed:
9 April meeting:
 Moreland Housing Reserve- Guidelines for future use
 MHMAC Terms of Reference and membership
 Moreland Affordable Housing Strategy-progress report
6 June meeting:
 Transforming Housing, Affordable Housing Summit, Melbourne University- report
 Affordable Housing Options Paper –key points presentation and discussion
Cr L Thompson moved, Cr R Thompson seconded that The report from Committee to Council be received and noted.
Carried
QUESTION TIME:
QT77/15
MR ANTHONY HELOU - BRUNSWICK
Mr Helou spoke in relation to a motion raised at the 12 August 2015 Council meeting
regarding entering into a sister city relationship with Zouk Mikael, Lebanon and asked
Council although a sister city relationship was not supported, if they would consider hosting
a delegation from Lebanon while the Mayor of Zouk Mikael is Australia?
Cr Yildiz invited the city to provide a further proposal to Council as to why Council should
enter into a sister city agreement with Zouk Mikael.
Cr Hopper advised that she would be happy for Council to host a delegation and further
discuss the opportunity for a sister city relationship.
QT78/15
MR PAUL MCKAY - PASCOE VALE
In the absence of Mr McKay, Cr Hopper asked Council if it has relations with cities and
towns in Italy, Turkey, Timor, Greece, China and rural Australia, why it does have any with
namesakes of our former municipalities – Brunswick and Coburg in Germany? Do Council
think it appropriate to find a way to give a nod to Caroline of Brunswick and/or Alfred of
Coburg?
Cr Hopper advised that this request would be considered for future city arrangements.
Minutes of the Council Meeting held on 9 September 2015 (D15/286246)
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QT79/15
MS MELISSA D'ALOIA - PASCOE VALE
Ms D’Aloia advised Council that there has been lots of discussion regarding open space, yet
Council is selling the property at 4-10 Prospect Street, Pascoe Vale. Has Council considered
making it open space or a park?
Cr Hopper advised that Council has previously debated this item and decided to sell the site
to help fund the development of the Neighbourhood House.
QT80/15
MS DIMI PAPANTONIOU - PASCOE VALE
Ms Papantoniou asked Council if it has considered selling the old Yooralla site at 4-10
Prospect Street, Pascoe Vale without the building on it as the roof and walls have asbestos
in them and if the asbestos is removed before the site is sold will neighbouring residents be
advised of the works?
Cr Yildiz advised that Council would let neighbouring residents know of any proposed works.
Grant Thorne, Director City Infrastructure advised that when demolishing properties with
asbestos signage is posted on the property.
Nerina Di Lorenzo, Chief Executive Officer advised that Council officers will let residents
know of any proposed works.
Cr Hopper committed to advising residents of the demolition if Council undertakes the
demolition themselves.
Cr Yildiz asked if Council officers/contractors were already on site as residents had advised
him that they had seen Moreland City Council trucks?
Nerina Di Lorenzo, Chief Executive Officer advised that Council officers have started
cleaning the site, removing waste etc.
QT81/15
MS SANDY VOUCH - COBURG
Ms Vouch (Chairperson BOM Coburg Children’s Centre) asked Council if it would consider
the Coburg Children’s Centre’s reputation as nurturing, sustainable, diverse and
internationally recognised community along with the commitment of the former Chief
Executive Officer, Peter Brown to a four room, 88 place centre when Council consider and
review the project scope for the relocation as per the agenda items being discussed at
tonight’s meeting?
Cr Hopper advised that this report is being considered as part of the confidential section of
the agenda and Council recognises the childcare demands and will consider the question
asked as part of the debate on this item.
QT82/15
MS MICHELLE HOCKING - COBURG
Ms Hocking (Co-ordinator Coburg Children’s Centre) asked Council if it will commit to
reading out the top three points raised in the letter from the Coburg Children’s Centre before
discussing the project in the closed portion of tonight’s meeting – so that these points can be
referenced during the scope and cost discussions that will occur with the tabling of the
closed report from Council executives on the Coburg Children’s Centre re-location project?
Note – these are points 1, 2, and 3 as listed in the letter sent to all Councillors on 30 August
2015 and signed by Sandy Vouch on behalf of the Board of Management.
Cr Hopper committed to reading out the top three points raised in the letter before the
debate occurs on this item being considered in the confidential section of the agenda.
Minutes of the Council Meeting held on 9 September 2015 (D15/286246)
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QT83/15
MS DOROTHY BAMBLETT - BROADMEADOWS
Ms Bamblett advised Council that after reading an article in the Moreland Leader newspaper
this week, which indicates that Council is considering buying just part of the former Ballerrt
Mooroop College site, if Council could confirm whether it is still considering acquiring the
whole site?
Cr Hopper advised that Council wants to retain the site for community use, which may mean
partnering with the State Government or community groups to buy the land, however
Council’s current offer is $1 million to acquire part of the site.
QT84/15
MS CHARMAINE CHEW - COBURG
Ms Chew asked Council what actions it is taking to improve infrastructure and amenity for
pedestrians in Coburg; in particular Munro Street, shopping area including Louisa and
Waterfield Streets?
Cr Bolton advised that she voted for the installation of a pedestrian cycling island
intersection at the intersection of Munro/Railway Parade at the last Council meeting and will
tonight be moving a General Business item regarding the installation of a pedestrian
crossing at Louisa Street, Coburg to mirror Waterfield Street area and make it safer for
pedestrians to cross.
Cr L Thompson advised that Council is committed to advocating implementing safer,
sustainable transport modes with specific strategies and actions to make the city a more
liveable and connected place to live. She encouraged Living Streets Coburg to continue
keeping in contact with Council on its proposed actions and make recommendations.
ON NOTICE ITEMS FROM PREVIOUS COUNCIL MEETING:
ONR9/15
ON NOTICE ITEM - 12 AUGUST 2015 COUNCIL MEETING (D15/270271)
The following items were taken on notice at the previous Council meeting.
 ON15/15 – Ms Peric - Street Landscape Strategy
A copy of the response is attached for information.
Cr Gillies moved, Cr Bolton seconded that The On Notice Items from the Council meeting dated 12 August 2015 be noted.
Carried
REPORTS BY MAYOR AND COUNCILLORS:
CI3/15
Cr John Kavanagh
Cr Kavanagh advised Council that he attended the event to celebrate the retirement of Helen
Jackson, Principal, Pascoe Vale Girls School. Helen has had a longstanding career, is a
member of the Honour Role of Women and has been the most longstanding Principal in
Victoria.
Cr Yildiz congratulated Helen on her leadership and wished her all the best in the future. She
has been a fantastic advocate and has consistently delivered for the Pascoe Vale
community.
Minutes of the Council Meeting held on 9 September 2015 (D15/286246)
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COUNCIL REPORTS:
DCS68/15
ASSEMBLY OF COUNCILLORS RECORD 1 JULY 2015 TO 31 JULY 2015
(D15/258275)
Pursuant to Section 80A of the Local Government Act 1989, an Assembly of Councillors
Record must be reported to the next practicable Council meeting and recorded in the
minutes.
The Assembly of Councillors Record for the period 1 July 2015 to 31 July 2015 is presented
at Attachment 1.
Cr R Thompson moved, Cr Davidson seconded that Council resolve to receive and note the Assembly of Councillors Record for the period,
1 July 2015 to 31 July 2015 at Attachment 1.
Carried
DCS69/15
2014-2015 ANNUAL REPORT - SISTER/FRIENDSHIP CITIES (D15/258297)
This report provides an outline of the activities/exchanges undertaken with Council’s sister
cities throughout the 2014-2015 financial year and the costs and benefits associated with
those activities.
Cr Ratnam moved, Cr L Thompson seconded that Council resolve to 1.
Note the activities/exchanges undertaken with Council’s sister cities throughout the
2014-2015 financial year.
2.
Review the Cultural Exchange Policy within 3 months to ensure that the future policy
outlines clear criteria and expectations for the formation and maintenance of sister city
relationships.
3.
Note the purchase of Agnese Purgotorio art work was funded from the Mayor and
Councillors budget, not the sister cities budget as stated in the report.
Carried
DCS70/15
INSTRUMENTS OF DELEGATION - COUNCIL TO MEMBERS OF
COUNCIL STAFF (D15/258302)
Instruments of Delegation represent the formal delegation of powers by Council. Section
98(1) of the Local Government Act 1989 provides that a Council may, by instrument of
delegation, delegate to a member of its staff any power, duty or function of a Council under
the Local Government Act 1989 or any other Act, other than certain specified powers.
Delegations enable the business of Council to be carried out effectively, in line with Council
approved policies.
There have been a number of amendments to the Instrument of Delegation to Members of
Council Staff and the Instrument of Sub-Delegation by the Chief Executive Officer as a result
of legislative changes made by Parliament. Amendments have been made to the Instrument
of Delegations to reflect the latest advice received from Council’s solicitor, Maddocks. The
last review was undertaken in October 2013 following the Council election.
Cr R Thompson moved, Cr Yildiz seconded that Council resolve:
1.
That in the exercise of the powers conferred by section 98(1) of the Local Government
Act 1989 (the Act) and the other legislation referred to in the Instrument of Delegation a)
Adopt the Instrument of Delegation from Council to Members of Council Staff
(Attachment 1).
Minutes of the Council Meeting held on 9 September 2015 (D15/286246)
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b)
The Instrument of Delegation from Council to Members of Council Staff comes
into force immediately upon the common seal of Council is affixed to the
Instrument of Delegation.
c)
On the coming into force of the Instrument of Delegation from Council to
Members of Council Staff, the previous delegation to Members of Council staff
dated 13 October 2013, be revoked.
Carried
DCS71/15
REVIEW OF POLICY AND PROCEDURES REGARDING THE USE OF
INTERPRETERS (D15/263812)
Council engages interpreting services and other methods to improve opportunities for
residents who are unable to communicate well through spoken or written English by
providing access to interpreting and translating services or other appropriate alternative
communication methods.
Council at its meeting on 12 August 2015 (NOM39/15) requested that officers provide a
report on the policy, procedures and issues regarding the use of interpreters, including:
 training of staff and Councillors;
 procedures for interpreters for consultation meetings and formal meetings such as Urban
Planning Committee meetings; and
 procedures for residents to request an interpreter.
Learnings from a recent Urban Planning Committee meeting, where interpreting services
were required, have also highlighted some issues which have been addressed in this report.
Cr Yildiz moved, Cr Ratnam seconded that Council resolve to:
1.
Note the policy and procedures currently used for Council’s interpreter services.
2.
Endorse the improvements outlined in this report, as follows:
a)
Improve officer awareness and access to the existing interpreter service. This
will include access to simple procedures, internal communications guidelines and
advice on issues to consider for the interpreter services to work well.
b)
Further external communication and awareness of the Language Link service for
residents.
c)
Development of procedures for organising interpreters at consultation and formal
meetings such as Urban Planning Committee meetings.
d)
Improved discussion and communication with community members before
interpreting services are used at consultation and formal meetings, to ensure
staff are clear about the service needed.
Amendment
Cr Bolton moved, Cr Kavanagh seconded that –
1.
Note the policy and procedures currently used for Council’s interpreter services.
2.
Endorse the improvements outlined in this report, as follows:
a)
Improve officer awareness and access to the existing interpreter service, access
to simple procedures, internal communications guidelines and advice on issues
to consider for the interpreter services to work well. This will include routinely
asking groups of objectors if there are residents who require access to an
interpreter and routinely advertising access to interpreters when the council
initiates public consultation processes.
Minutes of the Council Meeting held on 9 September 2015 (D15/286246)
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b)
Further external communication and awareness of the Language Link service for
residents, including a prominent button of the website for accessing an
interpreter, and reference to what residents need to do to access an interpreter
at different parts of the Council website such as for the next Urban Planning
Committee meeting and the next Council meeting.
c)
Development of procedures for organising interpreters at consultation and formal
meetings such as Urban Planning Committee meetings, including allowing
sufficient time for a good quality briefing for the interpreters before meetings and
providing interpreters with reports they may expect to be translating in advance
of such meetings.
d)
Improved discussion and communication with community members before
interpreting services are used at consultation and formal meetings, to ensure
staff are clear about the service needed.
e)
Make the Language Link more prominent on letters.
f)
Investigate whether Language Link is the most communicative title for inferring
access to interpreters.
The amendment was carried and became part of the substantive motion
The substantive motion was carried
DCS72/15
OPEN SPACE RESERVE EXPENDITURE (D15/162399)
Council at its meeting on 8 April 2015 (GB19/15) resolved to call for a report regarding items
that have been funded from the Open Space Contribution Fund since 2012 and the
proposed expenditure allocated to this fund in the Strategic Resource Plan and 5-year
Capital Works Plan.
The Subdivisions Act 1988 allows Local Government to seek a cash payment or land
contribution (or a combination of both) in a subdivision. Funds collected are held and
accounted for in a specific reserve Open Space Contribution Fund.
The Five-Year Capital Works Plan proposes expenditure against the Open Space
Contribution Fund in the Strategic Resources Plan.
Council officers monitor opportunities to acquire open space through the Department of
Treasury and Finance list of surplus government land properties, VicRoads, VicTrack and
the real estate market. Sites available are strategically assessed on the importance to the
Moreland community as outlined into the Moreland Open Space Strategy.
Council officers have commenced the scoping of a strategic project to identify and pursue
land acquisition in priority areas on a more proactive basis.
This report provides information about the above matters.
Cr R Thompson moved, Cr Kavanagh seconded that Council resolve to:
1.
Note the items that have been funded from the Open Space Contribution Fund to date.
2.
Note the proposed expenditure allocated to this fund in the Strategic Resource Plan
and 5-year Capital Works Plan.
3.
Note the commencement of a project to proactively identify strategic land acquisitions.
Carried
Minutes of the Council Meeting held on 9 September 2015 (D15/286246)
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DCS73/15
DRAFT FINANCIAL AND PERFORMANCE STATEMENTS 2014-2015
(D15/261945)
The Moreland City Council Financial and Performance Statements for the 2014-2015
financial year have been prepared by Council and reviewed by the Victorian Auditor
General’s Office (VAGO). Council’s Audit and Risk Management Committee has also
examined the documents.
This report requests that Council give ‘in principle’ approval to the 2014-2015 accounts and
appoint two Councillors and the Chief Executive Officer to sign the Financial and
Performance Statements 2014-15.
Council is reporting an accounting surplus of $34.059 million for the financial year
2014-2015. It is, however, important to note that this accounting profit includes items that are
used for the current year’s capital expenditure and loan redemption, or committed for future
years’ capital or operational expenditure. Therefore the accounting surplus should not be
viewed as surplus funds.
After excluding non-cash developer contributions, capital grants and contributions, Council
generated a total underlying surplus of $18.338 million for the financial year 2014-2015,
which generally excludes capital related income items and is used by VAGO to assess
Council’s sustainable operating result. This result is reasonable given that Council needs to
generate sufficient underlying surplus funds to make loan principal repayments and meet
community infrastructure investment obligations.
After considering non-cash items included in the accounting and underlying surplus, capital
expenditure, loan principal repayments and already committed funding requirements, a total
of $5.273 million has been transferred to the Oak Park Sports and Aquatic Centre
Redevelopment Reserve in accordance with the Council resolution in June 2015
(DCS44/15), leaving a ‘break-even’ final funding result.
Cr R Thompson moved, Cr Yildiz seconded that Council resolve:
1.
That having considered Moreland City Council’s Financial and Performance
Statements 2014-2015, Council gives its approval in principle to the statements and
report, and authorises the Mayor, Cr Hopper, and the Audit and Risk Management
Committee Chair, Cr Kavanagh to certify the Statements in their final form.
2.
That any changes to the Financial and Performance Statements 2014-2015
recommended or agreed to, by the Auditor General be approved by the Chief
Executive Officer, in consultation with the Mayor, Cr Hopper, and the Audit and Risk
Management Committee Chair, Cr Kavanagh, after consideration by the Principal
Accounting Officer.
Carried
DCS74/15
COUNCIL ACTION PLAN AND ADVOCACY PROGRAM 2014-2015 - 4TH
QUARTER PERFORMANCE REPORTING (D15/226910)
Council Action Plan and Advocacy Program Performance Reporting tracks Council’s
progress towards meeting the annual targets in the 2013-2017 Council Plan.
This final performance report provides a view of achievement against the Council Action
Plan and the Advocacy program for the financial year 2014-2015. Overall, 82% of Council
Action Plan and 93% of Advocacy Program actions were ‘achieved’ or ‘partially achieved’.
Cr Ratnam moved, Cr L Thompson seconded that Council resolve to:
1.
Receive and note the 4th Quarter Performance Report for the 2014-2015 Council
Action Plan and 2014-2015 Advocacy Program, with the following amendments:
Minutes of the Council Meeting held on 9 September 2015 (D15/286246)
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2.
a)
Item 38 titled Implement Family Violence Prevention Strategy: 1. Implement
2014-2015 actions. 2. Implement White Ribbon Action Plan. Note as achieved
Lead local participation in Week without Violence awareness campaign.
Consulted key partners and prepared a submission to the Royal Commission
into family Violence. Commenced phase one of the Active Fathers Project,
including the finalisation of the implementation plan. White Ribbon Day
community event in the Victoria Mall. Presentations and discussion on White
Ribbon with teams at the Depot.
b)
Item 47 titled Implement Bike Strategy and other bike projects as per Capital
Works Program: CAPEX funding to be set at $5 per head minimum of the
Moreland population, and implementation of CAPEX program as adopted or
amended through the year. The proposed spend of $9.38 per head was actually
$6.75 per head - include an explanatory statement as to why this occurred.
Note that detailed status reports are being made available for the Community via the
Council website.
Carried
DCS75/15
PROPOSED CREATION OF EASEMENT PART OF SHIELS RESERVE
(D15/227661)
Duggan Street Investments owns the site at 8 – 12 Olive York Way, Brunswick (Attachment
1).
On 27 March 2015, Moreland Council and Duggan Street Investments (DSI) Nominees
entered into a Section 173 Agreement in relation to this site through a planning application.
A confidential report (DED96/13) was presented and approved by Council on 13 November
2013 to enter into a new S173 Agreement. A summary of the key elements of this report are
contained in Attachment 2.
Council is requesting the granting of an easement in favour of Citipower over its land known
as Reserve 1, Volume 11172 Folio 974 (Attachment 1) to formalise on the title enabled
within the terms of the S173 Agreement. This will provide Citipower with rights to access the
land to install their assets underground. The activities that Council wish to permit on the land
will be outlined in a Creation of Easement document. This document will be registered on
Title.
The value of the easement is more than offset by the appreciation of Council managed land
at Sheils Reserve and the greatly improved visual amenity for residents.
The purpose of this report is to commence the statutory procedures in accordance with
section 189 and 223 of the Local Government Act 1989, and for Council to authorise a public
notice be given of its intention for the Creation of an Easement over its land known as
Reserve 1, Volume 11172 Folio 974.
Cr R Thompson moved, Cr Yildiz seconded that Council resolve:
1.
That in accordance with section 189 and 223 of the Local Government Act 1989,
Council authorise that a public notice be given of its intention for the Creation of an
Easement over its land known as Reserve 1, Volume 11172 Folio 974.
2.
That in the event of any submissions being received by Council regarding its intention
for the Creation of Easement, the Urban Planning Committee considers such
submissions and a further report is presented to Council for a final decision.
3.
That in the event that no submissions are received, the Director Corporate Services be
authorised to do all things necessary to effect the Creation of Easement over Reserve
1, Volume 11172 Folio 974.
Carried
Minutes of the Council Meeting held on 9 September 2015 (D15/286246)
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DCS76/15
PROPOSED LEASE RENEWAL PASCOE VALE ITALIAN COMMUNITY
BOCCE CLUB (D15/220802)
Council leases part of Raeburn Reserve, Landells Road, Pascoe Vale to the Pascoe Vale
Italian Community Bocce Club (Lessee). The lease expired on 15 April 2015.
A ‘Special Condition’ of the expired lease provides the lessee with a ‘first right of refusal’ to
renew the lease. The lessee has confirmed their interest in exercising their right in
formalising a new lease.
A standard condition of the expired lease enabled the lessee to remain in over holding (on a
month to month basis) whilst future lease negotiations with Council were being finalised.
The following proposed key lease terms and conditions have been negotiated:
Term:
5 years
Rent
$353.53 plus GST per annum
Permitted use:
Playing Bocce and other associated social
and recreational activities.
In addition, the new lease contains several key performance indicators which are intended to
encourage participation (including by non members), ensure access to the facility remains
affordable and that the facility is maintained by the tenant. Meeting the key performance
indicators is a condition of the lease. Under the lease the tenant is required to keep all
reporting requirements up to date, for monthly reporting requirements if requested by
Council. A breach of a key performance indicator is deemed a breach of the lease.
The requirement of Section 190 of the Local Government Act 1989 to give public notice does
not apply to this proposal as the lease is under 10 years and less than $50,000 per year.
Cr Yildiz moved, Cr Gillies seconded that Council resolve:
1.
To note that the Pascoe Vale Italian Community Bocce Club has exercised their ‘first
right of refusal’ to enter into a new lease with Council.
2.
To approve the proposed lease terms and conditions over a part of Council land at
Raeburn Reserve, Landells Road, Pascoe Vale to Pascoe Vale Italian Community
Bocce Club.
3.
That the Director Corporate Services be authorised to sign the lease and do all things
necessary to implement this decision.
Carried
DCS77/15
PROPOSED RIGHT OF WAY DISCONTINUANCE ADJOINING 91 SOUTH
STREET, HADFIELD (D15/157387)
On 30 December 2014, the owner of 91 South Street, Hadfield, contacted Council
expressing an interest in acquiring the unused ROW adjoining his property. The owner has
expressed an interest in demolishing the existing buildings on his property and using the
property for a residential development which is consistent with the zoning of the land.
The subject road is divided into two sections. The northern part of the road adjoining South
Street is open, constructed in concrete and used to access the rear of the property.
Approximately 14.5 meters into the road the constructed road ends, a wire mesh gate has
been erected across the road. The remaining 22m of unconstructed road is enclosed within
91 South Street.
The road was created in 1963 on Plan of Subdivision LP58440 expressly for the purpose of
providing carriageway access to the 2 lots on the subdivision for 91 South Street, Hadfield.
The road is unused and does not provide vehicle access to any other properties.
Minutes of the Council Meeting held on 9 September 2015 (D15/286246)
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This transaction will result in the removal of the road status to allow the property to be
developed to its full potential by the purchaser. The applicant has signed a conditional
agreement to purchase the land for its market value pending a formal Council decision.
The purpose of this report is to commence the Statutory Process under the Local
Government Act 1989 to discontinue the road status and sell the road by private treaty to the
adjoining owner, the owner/s of 91 South Street, Hadfield.
Cr R Thompson moved, Cr L Thompson seconded that Council resolve:
1.
That the road adjoining 91 and 93 South Street, Hadfield, is not reasonably required as
a road for public use.
2.
To commence the procedures to discontinue and sell the road in accordance with
section 206 and clause 3 of Schedule 10 of the Local Government Act 1989.
3.
To place a public notice of the proposed discontinuance be placed in the Moreland
Leader newspaper and on Council’s website, as required under section 207A and 82A
and section 223 of the Local Government Act 1989. The notice will state that if
discontinued, Council proposes to sell the land from the road to the owner of 91 South
Street, Hadfield, in accordance with Council’s Rights of Way Associated Policies 2011.
4.
That in the event of any submissions being received, the Urban Planning Committee
consider such submissions and a further report be presented to Council.
5.
That in the event that no submissions are received, the Director Corporate Services be
authorised to do all things necessary to effect the discontinuance and sale of the road
to the adjoining property owner.
6.
Once the discontinuance has been published in the Victoria Government Gazette
Council is to update the register of public roads in accordance with Section 19 of the
Road Management Act 2004.
Carried
DCS78/15
PREFERRED DEVELOPMENT OUTCOMES FOR 4-10 PROSPECT
STREET, PASCOE VALE (D15/258288)
At its meeting on 8 October 2014 (DSD43/14), Council resolved that prior to the sale,
Council’s preferred development outcomes for the property at 4-10 Prospect Street, Pascoe
Vale be developed and approved by Council. This report presents the preferred
development outcomes as contained in various legislation and Council policy.
At its meeting on 11 March 2015 (DCS20/15), Council authorised the Director Corporate
Services to do all things necessary to effect the sale of 4-10 Prospect Street, Pascoe Vale
by a public process for a price no less than 90% of the current market valuation, and to
quarantine all funds received from sale for the Pascoe Vale Community Centre project.
The site is in a General Residential Zone. There is no restriction on dwelling numbers in the
General Residential Zone. However, Clause 22.01 (Neighbourhood Character), Clause
22.03 (Car and Bike Parking and Vehicle Access) as well as Clause 55 (ResCode) of the
Moreland Planning Scheme will be the Clauses which will guide what is an appropriate
development outcome for the site.
ResCode sets out requirements in relation to the siting of dwellings (setbacks, height etc),
provision of on-site services (car parking, private open spaces) and the appearance and
internal amenity of the dwellings.
The site has a number of rear yards which it abuts, therefore, any double storey
development adjacent these must have an appropriate response in accordance with the
policy in terms of generous side and rear setbacks, articulation and provision of generous
ground level open space to provide opportunities for landscaping.
Minutes of the Council Meeting held on 9 September 2015 (D15/286246)
12
Both Clause 22.01 and 22.03 seek to ensure that vehicle crossings, driveways and car
parking facilities do not dominate development. The site currently has 2 crossovers to the
street.
The site has also a number of easements, these will restrict development outcomes.
These planning requirements guide the purchaser in terms of what can be built on the site. It
is difficult to predict until the land is sold and the purchaser submits a planning permit
application. Given the planning requirements, the most likely outcome is approximately
10-15 detached and semi detached single and double storey dwellings.
Deferred
Cr Ratnam moved that that this item be deferred.
Carried
DCI37/15
PROPOSED SCOPE, PURPOSE AND OPERATION OF A QUARTERLY
INFRASTRUCTURE ASSETS PANEL (D15/265096)
At the 10 June 2015 Council meeting (NOM25/15), Council resolved to call for a report to
establish an Infrastructure Assets Panel.
This report outlines the purpose and scope of a quarterly Infrastructure Assets Panel.
Part of the Infrastructure Assets Panel will involve the preparation of a report of the status of
various infrastructure projects/issues and providing a forum to collaborate with the
community to drive improvement in this critical area of Council.
It is proposed that the Infrastructure Assets Panel:
 Monitor and review current relevant policies in relation to infrastructure assets to ensure
they reflect the Council's Strategic Plan.
 Contribute to the development of new policy as required.
 Identify potential funding and partnership opportunities.
 Identify emerging infrastructure asset issues relevant to Council's Strategic Plan.
 Provide input into the funding priority for Council infrastructure assets.
 Provide a forum in which various asset related issues can be tested with the community,
including asset management plans and delivery processes.
 Provide a forum in which KPI's relevant to infrastructure can be reported to the
community.
It is proposed that a two hour forum be held quarterly and that the Infrastructure Assets
Panel be chaired by a Councillor.
Cr R Thompson moved, Cr Gillies seconded that Council resolve:
1.
That Council establishes an Infrastructure Assets Panel.
2.
That Council adopts the Terms of Reference for the Infrastructure Assets Panel
(Attachment 1).
3.
That Cr R Thompson be nominated as the Chair of the Infrastructure Assets Panel.
4.
That following the report to Council on the bluestone laneway trial that the Moreland
Bluestone Laneway Community Reference Group be disbanded and that the future
discussions regarding bluestone laneways occur through the Infrastructure Assets
Panel.
Carried
Minutes of the Council Meeting held on 9 September 2015 (D15/286246)
13
DCI38/15
BRUNSWICK LIBRARY PROJECT COMPLETION REPORT (D15/186119)
At the June 2012 Council meeting, Council resolved to award contract 2070 for the structural
remediation works to the Brunswick Library for the sum of $1,369,285 exclusive of GST.
Council resolved for the works to commence in 2013 and to refer additional funding to the
2013-2014 capital works budget. Council also allocated a $245,000 contingency sum.
The Brunswick Library building is approximately 100 years old. Over its life time it has
undergone many refurbishments, additions and modifications. The original intent of this
project was an underpinning exercise with the works to have minimum disturbance for
existing elements. The buildings use prior to being vacated allowed limited opportunity for
destructive investigations without significant disruption to Library and Town Hall services.
Once the building was vacated and sections of the floor opened, permitting clear access, it
became apparent that the scope of work could not be confined to underpinning, and minor
repairs. Under the Victorian Building Regulations works were reclassified from ‘repair and
maintenance’, being exempt from compliance, to ‘new works’ required to comply with current
standards.
During the course of the project Council was requested on three separate occasions to
allocate additional contingency due to the discovery of the above latent conditions which
caused significant increase to the scope and cost of the project.
The majority of the variation was a result of the reclassification noted above. These
variations were:
 Testing, management and disposal of contaminated material and soil
 Additional underpinning
 Removal and replacement of all floors due to structurally inadequate brick piers
 Electrical and data replacement triggered by floor removal
 Mechanical duct work replacement triggered by floor removal.
In addition to the above compliance works the discovery of brick failure, excessive truss
deflection and defective truss fixings in the atrium lead to further rework on the north wall of
the glass atrium along with temporary supports to the trusses and glass roof. A final repair to
the atrium roof is to be reviewed in future capital works budgets.
In December 2013, Council allocated additional contingency for the final time on this project,
and requested that officers report to Council at the conclusion of the project to advise on the
final outcomes.
The contract works reached practical completion on 20 June 2014, and the library was
formally opened to the public on 27 August 2014.
The defects liability period on the works expired on 20 June 2015. During the defects period
only minor cosmetic defects were identified and rectified without any issues by the
contractor. The final cost to complete the structural remediation works from February 2013 to
the end of the defects liability period, 20 June 2015, was $3,798,157.
8.07 pm
Cr Gillies left the Council Chamber.
Cr Hopper moved, Cr Ratnam seconded that Council resolve to:
1.
Note the conclusion of the defects liability period as of 20 June 2015, marking the
completion of the contract for the Brunswick Library structural remediation works.
2.
Note the total cost of the Brunswick Library structural remediation works was
$3,798,157.
Carried
Minutes of the Council Meeting held on 9 September 2015 (D15/286246)
14
DCI39/15
WEBB STREET, COBURG - PARKING ISSUES (D15/262583)
Webb Street, Coburg has been experiencing on-going parking issues for some time near the
corner of Gaffney Street. There are several auto/mechanic businesses on Gaffney Street
that park their customer’s vehicles in Webb Street. The problem is most apparent at the
north end of the street, on both sides of the road.
At the August 2015 Council meeting (GB31/15), Council resolved to note the parking issues
in Webb Street, Coburg and receive a report recommending solutions to the parking issues.
A resident requested parking restrictions. The proposal was to install 2P parking restrictions
on the east side of Webb Street during the times (8am-6pm Monday to Saturday) to improve
opportunities for residential parking because vehicles (staff and goods) from other nearby
businesses currently park all day. Consultation was conducted via a circular in July 2015.
The submitted responses did not meet the required level of support from consulted
residents. The residents were advised on 29 July 2015 that the proposal was not supported.
As an alternative action, the Urban Safety team were informed that unregistered vehicles
were left in both Webb Street and Gaffney Street, Coburg. As a result of the subsequent
enforcement, parking occupancy levels in the street have declined.
It is recommended that the enforcement is continued. No Stopping requirements close to the
intersection has been reinforced with signs.
Cr R Thompson moved, Cr Bolton seconded that Council resolve:
1.
That regular enforcement by the Urban Safety team be undertaken to ensure only
registered vehicles are parked on the road reserve at Webb Street, Coburg.
2.
To note that signage was installed to reinforce the 10 metre No Stopping requirement
at an intersection.
Carried
DSD23/15
SUMMER 2015-2016 SPORTS GROUND SEASONAL TENANCY
ALLOCATIONS (D15/248479)
Moreland City Council has a strong commitment to providing its community with sporting and
recreational opportunities, offering a wide range of sporting facilities and support to residents
and visitors to the municipality.
Council’s Allocation and Use of Sporting Facilities, Grounds and Pavilions Policy provides a
framework for the seasonal and annual allocation of sporting grounds and pavilions to clubs
through a tenancy agreement.
Facilities are allocated to clubs with sound governance structures, open membership for
men, women and juniors, elected committees and a demonstrated commitment to social
responsibility, including participation in any club development program required by Council.
Cr Kavanagh moved, Cr R Thompson seconded that Council resolve:
1.
To allocate sports grounds and pavilions for the 2015-2016 summer season to the
clubs nominated in Attachment 1.
2.
That any club owing ground or pavilion fees from previous seasons or with outstanding
utility fees be informed that a ground allocation will not be offered until payment is
made, or an agreed payment plan is in place.
3.
That clubs must provide all required compliance documentation prior to receiving an
allocation.
Minutes of the Council Meeting held on 9 September 2015 (D15/286246)
15
4.
That the Director Social Development be authorised to make changes to the allocation
of facilities for the duration of the 2015-2016 summer season as required.
Carried
DSD24/15
EAST TIMOR PARTNERSHIP PROJECT - REPORT ON A VISIT TO
TIMOR-LESTE 4-23 JUNE 2015 (D15/251315)
This report:
 provides information on a visit by the Friends of Aileu Project Officer to Timor-Leste,
4-23 June 2015;
 outlines a number of priority areas which representatives of the Aileu Municipal
Administration have requested be considered for inclusion in a targeted program of
assistance under the Municipal Cooperation Agreement; and
 outlines proposed strategic planning activities to be undertaken during 2015 to provide
the framework for the operation of the East Timor Partnership Project (Friends of Aileu)
over the coming period.
Cr Ratnam moved, Cr Bolton seconded that Council resolve to note the report on the visit to Timor-Leste by the Friends of Aileu Project
Officer, 4-23 June 2015 (Attachment 1).
Carried
8:12 pm
Cr Gillies returned to the Council Chamber and resumed her seat.
DED78/15
ELECTRIC VEHICLE PROGRAM RECHARGING NETWORK (D15/248390)
At its meeting on 12 June 2013 (DED47/13), Council approved free electric vehicle (EV)
recharging at Moreland’s network of EV recharge stations for a period of one year to
promote the use of emissions free transport and encourage the uptake of EV’s in the
community. The trial was extended a further 12 months in order gather more data and
understand potential trends.
The free offer has generated positive feedback from EV users and enabled Council to gather
important data. It has also stimulated an increase in EV recharging and positioned Moreland
as the universally regarded ‘go to’ organisation for other Local Governments, infrastructure
providers, EV manufacturers, EV enthusiasts, universities, mainstream and local media,
seeking on ground experience in EV charging infrastructure and integrating EV’s into fleet
operations.
This report is to provide an update on the EV program and highlight the key benefits of EV
use including reduced local air pollution and vehicular greenhouse gas emission reductions.
Specifically, since the Moreland EV network was launched in July 2013 the stations have:
 Dispensed 15 megawatt hours of 100% Green Power to Council and community EV’s
(this was from 3730 visitations to our charging stations);
 The total cost for Council for the electricity was $2100.00, however this has saved over
10,322 litres of petrol and 7 tonnes of greenhouse gas emissions; and
 In regards to Council’s three EV’s as part of its fleet, fuelling 3 EV’s from the EV network
has saved Council approximately $5000.00 in petrol costs per year.
This report recommends Council approve the continuation of the free charging at EV charge
points for three years, a further report will then be presented to Council in early 2017-2018
financial year to consider future public access to the EV recharging network and associated
resourcing implications.
Minutes of the Council Meeting held on 9 September 2015 (D15/286246)
16
Cr L Thompson moved, Cr R Thompson seconded that Council resolve:
1.
To continue to support the growth of emissions free Electric Vehicle (EV) by allowing
the general public to continue to use Council’s EV recharging network free of charge
for three years.
2.
That a further report be presented to Council in early 2017-2018 financial year to
consider future public access to the EV recharging network and associated resourcing
implications.
Carried
DED79/15
MORELAND DCP ADMINISTRATION POLICY (D15/261594)
Amendment C133 was adopted by Council at its meeting on 11 February 2015 (DED7/15)
and incorporates the Moreland Development Contributions Plan (DCP) into the Moreland
Planning Scheme. The Moreland DCP will provide certainty for Council, developers and the
broader community on how new developments will be levied to ensure the necessary
infrastructure required to support new development is delivered.
Approval of the Amendment by the Minster for Planning is imminent and preparations for its
commencement have been significantly advanced, including the preparation of the draft
Moreland DCP Administration Policy (the Policy), provided at Attachment 1 for Council’s
consideration for adoption.
The Policy is required as it sets out Council’s interpretation of the Moreland DCP. It provides
details regarding ongoing DCP administration at Moreland, including roles and
responsibilities of various stakeholders and a comprehensive list of reference documents to
be read in conjunction with the Policy and Moreland’s DCP. If adopted by Council, the Policy
will be publicly available; however it is not proposed to form part of the Moreland Planning
Scheme.
The objectives of the Policy are:
 To provide administrative guidance regarding the fair, equitable and consistent basis for
calculating development contributions as established by the Moreland DCP.
 Ensure that items expected to be provided by developers as a matter of course are not
included as development contributions.
 Ensure contributions that are due under the Moreland DCP are secured appropriately.
 Ensure legislative and best practice requirements are met.
 Encourage payment to be provided at the first available opportunity by way of cash
contribution.
 Provide a high level of certainty to all stakeholders and users of the Moreland DCP.
This report recommends formal adoption of the draft Moreland DCP Administration Policy.
Cr Yildiz moved, Cr Davidson seconded that Council resolve to:
1.
Formally adopt the draft Moreland Development Contributions Plan Administration
Policy (Attachment 1).
2.
Authorise the Directors of Planning and Economic Development and/or Corporate
Services to make any necessary refinements, correct administrative errors and/or
make recommended legal changes that do not fundamentally change the draft
Moreland Development Contributions Plan Administration Policy during the operation
of the Moreland Development Contributions Plan as necessary.
Carried
Minutes of the Council Meeting held on 9 September 2015 (D15/286246)
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DED80/15
APPOINTMENT OF MUNICIPAL BUILDING SURVEYOR (D15/273835)
Greg Collins, Unit Manager Building Services and Council’s Municipal Building Surveyor has
recently resigned to pursue other career opportunities. His last day with Council is Thursday
10 September 2015.
Council is currently seeking to recruit a new Municipal Building Surveyor and in the interim it
is proposed to engage Justin Bayard on a contract basis as Acting Unit Manager Building
Services. This position also incorporates the statutory responsibilities of Council’s Municipal
Building Surveyor. Mr Bayard is a registered building surveyor (unlimited) with extensive
experience in building surveying including in the local government sector and is suitably
qualified and experienced to hold the position of Municipal Building Surveyor. Mr Bayard
previously backfilled this position at Moreland in March 2015 and performed the role to a
high standard, and has previously acted in the role of Municipal Building Surveyor for the
City of Maribyrnong for a period of approximately 12 months.
Cr Kavanagh moved, Cr R Thompson seconded that Council resolve to appoint Mr Justin Bayard as Council’s Municipal Building Surveyor in
accordance with the provisions of the Building Act 1993, effective from 8.30am
11 September 2015.
Carried
NOTICES OF MOTION:
NOM40/15
AMENDMENT C71 ESD POLICY - ADVOCACY (D15/271503)
In filling a major State planning policy framework void, Moreland partnered with five other
councils (Banyule, Port Phillip, Stonington, Whitehorse and Yarra) to introduce a local
planning policy into their respective planning schemes to require a development assessment
against best practice ESD objectives. At the time of coming together Moreland had waited
over 3 years for Ministerial authorisation to exhibit an ESD policy amendment. This
partnership finally saw a revised amendment package receive authorisation and progress to
exhibition and a panel hearing.
Following a successful Panel and Advisory Committee (PAC) hearing process last year each
council approved their respective Amendment package and subsequently jointly submitted a
request for approval with the (then) Minster for Planning, 3 July 2014.
The matter of the Amendment’s long outstanding State decision was raised in a briefing with
the (current) Minister for Planning, the Honourable Richard Wynne in June 2015. At that
briefing, the Minister flagged that he had received information that required his further
consideration of the request but did not want to enter into a discussion of the matters of
concern that were delaying his decision. A further three months have now lapsed and a
decision is still pending. Further advocacy to the Minister is required.
8:21 pm
Cr Teti entered the Council Chamber.
Cr Hopper moved, Cr Davidson seconded that the Mayor form a joint deputation with
Moreland’s five Council partners to the Minister for Planning urging his approval of the ESD
Amendment.
Carried
NOM41/15
ENDORSEMENT OF PEOPLE’S CLIMATE MARCH (D15/271724)
People's Climate Marches are being planned for the weekend of 27-29 November 2015
around the world, just before world leaders gather at the UN climate talks in Paris. These
marches will take place across the world. The Melbourne march (which will be held in the
Melbourne CBD) is scheduled for the evening of Friday 27 November 2015.
Minutes of the Council Meeting held on 9 September 2015 (D15/286246)
18
In Australia, these marches are being organised by a broad and diverse coalition on the
weekend of November 28-29, with the aim of mobilising hundreds of thousands of people
across Australia. This is intended to send a powerful message to the Australian Government
that we want strong action on climate change and will hold our decisions makers to account.
The Australian organisers want to engage a diverse range of partners from across the
Australian community. These includes local councils.
As Moreland City Council has a long history of climate leadership, we hope that Moreland
can become the first local council to become a partner, thereby setting an example for other
local councils.
A copy of the invitation for partners can be found at:
https://d3n8a8pro7vhmx.cloudfront.net/climateaction/pages/103/attachments/original/143876
0703/150805_PCM_Australia_invite_FINAL.pdf?1438760703
Cr Bolton moved, Cr L Thompson seconded that Council resolves to become a partner of the People’s Climate March with the Melbourne
March being held on Friday 27 November 2015 at 5pm at the State Library which would
include the following activities:
 Be involved in the key promotional events in the lead up to the People’s Climate March.
 Have Moreland City Council listed as a partner on the People’s Climate March website.
 Seek the support of the Municipal Association of Victoria and the Victorian Local
Government Association for the People’s Climate March.
 Take the opportunity to communicate to and encourage conversations with your
members, supporters and donors.
 Join the mobilisations in November and promote attendance at the mobilisations to staff
and residents.
 Promote the People’s Climate March in the Moreland Leader newspaper, on social
media, the council website and with posters in libraries.
Carried
NOM42/15
SAFE PEDESTRIAN CROSSING IN LOUISA STREET, COBURG
(D15/271735)
A number of pedestrians, especially parents with small children find it unsafe crossing
Louisa Street, Coburg from the carpark in front of the Woolworths to carpark behind the
Sydney Road shops. It isn’t clear where pedestrians can walk safely because of the lack of a
footpath to separate pedestrians from the carparks.
Cr Bolton moved, Cr Gillies seconded that Council resolves to receive a report on options for a safer pedestrian environment on Louisa
Street, Coburg, including a pedestrian crossing on the southern end of Louisa Street.
Carried
NOM43/15
BEYOND THE BARRIERS' FUNDING (D15/274767)
'Beyond The Barriers' is a play that will be staged at The Brunswick Mechanic’s Institute in
September-October 2015 as part of the Melbourne Fringe Festival.
The play is set in a futuristic prison and explores and expands on social issues of
diminishment of personal privacy and governmental control. In the vein of classic political
sci-fi writing, the play warns of consequences of electronic monitoring, dependence on
technology and social voyeurism through reality TV.
Minutes of the Council Meeting held on 9 September 2015 (D15/286246)
19
The productions goal is to improve the world through theatre, by promoting socially relevant
messages through story. It is also focused on offering theatre experiences to those with
diagnosed disabilities. Their director, producer and cast (bar one) are all women and the
director has Multiple Sclerosis, while the cast of nine includes actors with Acquired Brain
Injury, Down Syndrome and hearing impairment.
As a small collaboration, this production has been funded thus far by the crew. However, it
really needs funding assistance to make the production all it can be and to ensure that the
social benefits can be as far reaching as possible.
This production is a wonderful project, and one I believe Council should support.
Cr Gillies moved, Cr Bolton seconded that Council support Dramazing Productions and Platypus Theatre with the production of
‘Beyond The Barriers' staged at The Brunswick Mechanic’s Institute in September – October
2015 as part of the Melbourne Fringe Festival. All Councillors are urged to attend at their
own expense, to support the groups important work helping people with disability achieve
experience working in theatre.
Carried
NOM44/15
SUPPORT FOR EVENTS INITIATIVES AT COBURG CYCLING CLUB
VELODROME (D15/274772)
VE Management is a festival promotion and production, arts festival programming, and
hospitality management company who have approached Coburg Cycling Club to use the
Coburg Cycling Club Velodrome as a space to hold premier open-air live music and
performing arts events.
Discussions with the Coburg Cycling Club have been positive, and the proposal has the
unanimous support of the Coburg Cycling Club. The two organisations are in the final stages
of drafting a partnership agreement that will see VE Management act as the contracted
booking agent for all Coburg Cycling Clubs non-cycling events, as well as promoting the
venue to local, national and international promoters and event organisers.
As part of this agreement VE Management have also agreed to invest funds into the
property to ensure it complies with the risk management plan from Sentry-Safety and Risk
Management, and have also proposed that they will integrate sustainability measures where
possible to create a ‘green’ festival environment.
The organisation has committed to providing a platform to further develop Moreland City
Council's art and culture initiatives, raise the profile (as well as promote) Coburg as an active
arts focused community, provide entertainment alternatives for local residents, provide trade
and employment opportunities for local residents, attract in excess of 18,000 more visitors to
Coburg each year, and raise money for the Coburg Cycling Club.
Both organisations share a long term vision for the Coburg Cycling Velodrome to be
developed into a world class outdoor entertainment and cycling venue, and my motion is to
ensure that Council gives its support to this collaborative venture.
Cr Gillies moved, Cr Yildiz seconded that Council actively work to help facilitate the
functionality of the agreement between VE Management and Coburg Cycling Club. That we
help both organisations meet any Council requirements that may arise as a result of
organising and hosting festival/event projects at the Coburg Cycling Club Velodrome and the
proposed collaboration of the two organisations.
The motion was withdrawn
Minutes of the Council Meeting held on 9 September 2015 (D15/286246)
20
NOM45/15
SUPPORT FOR NORTH WEST FM'S ANTENNA RELOCATION
(D15/274783)
North West FM's antenna has been situated on the Broadmeadows Town Hall for many
years, but recently the local radio station had to buy a new antenna as the old one does not
meet its needs and is falling apart. Hume City Council told the radio station to place the
antenna on the roof of their new office buildings, which the radio station did.
The first time the antenna was turned on it damaged cables attached to its internal
communications systems, there was a problem with the quality of the cable and how it was
covered. As a result of the damage, the Council ordered the Station to turn the new antenna
off and use the old antenna until a solution could be found. To this day, the new antenna has
not been turned on again.
The Council have had some discussion with North West FM with regard to relocating the
antenna, as the organisation now advocate that they are concerned about the radiation
omitted by the antenna, which has been professionally assessed as less than half the watts
of a household microwave. This may be a real concern to Council, but it certainly appears to
be a needless one given people are exposed to more radiation in their own houses.
There seems to be a communication break down between the Council and North West FM,
as each party has accused the other of not returning calls or not organising meetings to
discuss the matter, but North West FM received correspondence last week (week
commencing 24 August 2015) from Hume City Council requesting that it remove its antenna
from the Council's office building prior to 4 September 2015.
The Council has suggested two new locations for the antenna, and have offered to pay the
relocation costs. The offered locations will result in North West FM having to purchase some
new equipment because the set up is different to what was needed for the Council building's
rooftop. Buying new equipment would be spending money North West FM does not have,
and Hume Council officers appear not to understand that North West FM cannot agree to
moving the antenna anywhere that would result in them having to buy new equipment
because they do not have the funds to do so.
I have spoken to all, bar two, Hume Councillors, and the majority have voiced their support
of North West FM and a legitimate desire to see the radio station continue to air. They also
agree that the station's internally recognised radio training program is a wonderful asset to
the City of Hume, as it is also an asset for our own municipality.
I am of the opinion that the break-down in communication is a result of a lack of
understanding about electrical cabling and radiation wave theory. Hence I am proposing that
Moreland City Council writes to City of Hume requesting that they organise a meeting with
both parties to facilitate transparent communication and encourage a favourable resolution
to the current problem. It is my desire to help ensure North West FM continue to operate and
broadcast as the local radio station for the Municipalities of Hume, Moreland and Moonee
Valley.
Cr Gillies moved, Cr R Thompson seconded that Council write to Hume City Council requesting that they actively work to facilitate an
amicable and beneficial resolution to the removal and relocation of North West FM's antenna
by organising a meeting with both parties that ensures that North West FM can continue to
operate and broadcast as the local radio station for the Municipalities of Hume, Moreland
and Moonee Valley.
Carried
Minutes of the Council Meeting held on 9 September 2015 (D15/286246)
21
GENERAL BUSINESS:
GB41/15
UPGRADING OF UPFIELD SHARED PATH NORTH OF BELL STREET
Cr Sue Bolton
Many residents who use regularly cycle on the Upfield Shared Path north of Bell Street have
noted the hazards on this stretch of the path and were disappointed that the Council’s safety
audit of the path was only for the stretch south of Bell Street.
However, Moreland Bicycle Users Group has conducted a safety audit of the entire Upfield
Shared Path and provided the audit to Council. While it isn’t as detailed as the Council
commissioned audit, it includes information that could be the basis for proposals to improve
the safety of the path.
Cr Bolton moved, Cr L Thompson seconded that Council receive a report by November
outlining priority projects for improving safety on the Upfield Shared Path North of Bell
Street, Coburg.
Carried
GB42/15
REFUGEE CRISIS
Cr Sue Bolton
The world is facing one of the worst refugee crises in modern human history. The crisis is
exacerbated by some countries closing their borders, building walls and stopping boats. Since
2013, Australia has halved its refugee intake since 2013.
According to the Refugee Council of Australia, ‘Australia ranks 28th in the world in 2014 on a
per capita basis and 46th relative to total GDP, based on its 2014 refugee intake.’
Australia is a wealthy country and we can do more. In the aftermath of the Second World War,
over 170,000 displaced persons came to live in Australia. Over 80,000 Vietnamese people
made Australia their home in the decade following the Vietnam War. Australia has opened its
doors over many decades to refugees fleeing repression and war, including from South
America and China.
Cr Bolton moved, Cr Ratnam seconded that Council notes that the world is facing one of the worst and most tragic refugee crisis in history.
As one of the 27 Refugee Welcome Zone Councils, Council resolves to:
1.
Write to the Prime Minister, the Honourable Tony Abbott MP, the Leader of the
Opposition, The Honourable Bill Shorten MP, and the Leader of the Australian Greens,
Senator Richard di Natale indicating its concern about the devastating crisis facing
refugees around the world and advocating the following points:





That Australia immediately resettles at least 30,000 more Syrian, Kurdish and other
refugees, with no discrimination based on religion or ethnic group, and that this
resettlement be in addition to the annual humanitarian and refugee quota.
That the annual humanitarian and refugee intake be increased to at least 40,000.
That the policy of boat turnbacks be immediately ended as it is exacerbating the
crisis elsewhere.
That the offshore detention centres on Nauru and Manus Island be closed and bring
all of these asylum seekers to Australia. Currently there are Syrian asylum seekers in
these detention centres.
Endorse the Stand Up For Refugees Rally on 11 October 2015 at 2pm at the State
Library organised by the Refugee Action Collective. The rally calls for the closure of
Manus and Nauru detention centres, and end to mandatory detention, no boat
turnbacks and repeal of the Australian Border Force Act 2015. The rally includes
endorsements from the Australian Churches Refugee Taskforce, Asylum Seeker
Resource Centre and Brigidine Asylum Seeker project.
Carried
Minutes of the Council Meeting held on 9 September 2015 (D15/286246)
22
Cr Kavanagh called for a division.
For
Cr Hopper
Cr Bolton
Cr Ratnam
Cr L Thompson
Cr Yildiz
Cr Davidson
Cr Teti
Cr Gillies
Total For (8)
GB47/15
Against
Cr Kavanagh
Cr R Thompson
Total Against (2)
LOCAL GOVERNMENT ELECTORAL REVIEW RECOMMENDATIONS
Cr John Kavanagh
Cr Kavanagh moved, Cr L Thompson seconded that Council resolve 1.
To write to the Premier of Victoria, the Honourable Daniel Andrews MP, seeking
clarification as to whether the State Government intends to introduce all the
55 recommendations that resulted from the Local Government Electoral Review, led
by Petro Georgiou and if these will be in place in time for the 2016 Council elections.
2.
That copies of this letter be forwarded to local state MP’s in both the lower and
upperhouse, the Municipal Association of Victoria and the Victorian Local Governance
Association.
Carried
GB48/15
PROPOSED LOCAL GOVERNMENT AMENDMENT (IMPROVED
GOVERNANCE) BILL 2015
Cr Samantha Ratnam
The Victorian State Government recently introduced a Bill to the Victorian Parliament
designed to improve the governance concerning Councillor Code of Conduct. The Local
Government Amendment (Improved Governance) Bill 2015 seeks to introduce laws that will:

Require newly elected Councillors to make a declaration that they will abide by the
Council's Councillor Code of Conduct (Clauses 4-8), clarifies the role of a Chief
Executive Officer (Clause 9), provides additional obligations relating to the preparation
and content of Councillor Codes of Conduct (Clause 15).

Introduces a mandatory internal resolution procedure within Councils and clarifies and
extends the role of Councillor Conduct Panels including the capacity for panels to hear
serious misconduct matters (Clauses 18 -38).

Increase the powers of the Chief Municipal Inspector ('CMI') and allow the Minister to
seek an order in council to stand down problematic Councillors (Clauses 39-44).

Make changes to electoral processes for the forthcoming local government general
elections scheduled for October 2016 (Clauses 45-94).
Council should offer its support for this proposed bill as it seeks to improve the standards of
governance of Councils. Given the recent issues that Moreland City Council has faced over
Councillor conduct issues, it is important that we express our commitment and support to
improve standards of conduct and the systems to resolve conduct issues.
Minutes of the Council Meeting held on 9 September 2015 (D15/286246)
23
Cr Ratnam moved, Cr Hopper seconded that Council resolves to send a letter expressing our support for improved governance and the
principles in the proposed Local Government Amendment (Improved Governance) Bill 2015.
This letter will be a joint letter signed by all Councillors who wish to participate and be
submitted by 14 September 2015.
Cr R Thompson moved that the motion be put.
Lost
The substantive motion was carried
GB43/15
PARKING AND TRAFFIC MANAGEMENT IN BREESE STREET,
BRUNSWICK
Cr Meghan Hopper
There has been significant development taking place in the Breese Street, Brunswick and
broader Anstey precinct within recent years. Where industrial buildings and single storey
stand-alone houses were previously common in this precinct, a number of apartment
dwellings at up to 9 storeys (former Whelan the Wrecker landmark site) have been
developed in the period since 2007. Many other developments of 5 to 7 storeys have
dramatically changed the landscape of this precinct. This will continue in the coming years,
with another half a dozen or so developments, many approved by VCAT against the wishes
of Council, will be built with heights generally ranging between 5 to 7 storeys and a major
development of 8 storeys recently gaining VCAT approval. Amendment C134, currently with
the Minister for Planning, seeks to implement the built form controls of the Brunswick
Structure Plan envisioned for the Anstey Village at a mandatory 17m (5 storeys).
Residents in this area have reported increased parking and traffic concerns which are
impacting on their suburban amenity. ‘Rat running’ down Breese Street to avoid traffic
congestion on Sydney Road is an area of particular concern. Because Breese Street is
two-way and also has on-street permit parking, residents report that this frequently leads to
aggressive driving behaviour by motorists seeking to drive in either direction where there is
only room for traffic flow in one direction.
Most recently, on 26 August 2015 a vehicle driving down Breese Street collided with four
parked cars. Residents report that this is not an isolated incident and that they have
frequently awoken in the morning or returned from work of an evening to find collision marks
on their parked vehicles with no contact details left by the offending drivers.
Residents have approached Council seeking that we consider either turning Breese Street
into a one-way street, and/or that we consider moving on-street permit parking from Breese
Street on to a side street such as Duckett Street.
Cr Hopper moved, Cr Gillies seconded that An investigation into the traffic and parking conditions in Breese Street, Brunswick be
undertaken and a report to Council be prepared by December 2015. The investigation
should consider the impact of the development in the area and the impact of through traffic.
Consideration to changes to the traffic flows (such as one way) should be included in the
investigation.
Carried
GB44/15
RAEBURN STREET GUIDE HALL, PASCOE VALE
Cr Meghan Hopper
The Raeburn Street Guide Hall in Pascoe Vale currently hosts a number of community
groups on a weekly basis, including the Pascoe Vale District Girl Guides, the Pascoe Vale
chapter of the Country Women’s Association (CWA), and a Saturday morning crafting and
card-making group.
Minutes of the Council Meeting held on 9 September 2015 (D15/286246)
24
According to Moreland City Council’s Community Directory, the Pascoe Vale Guide Hall is
the only Guide Hall in Moreland that does not have disability access. The absence of a
disability access ramp at the entry to the Raeburn Street Guide Hall is having an urgent and
deleterious impact on regular users of the Hall. The CWA and the Saturday crafting group, in
particular have a number of senior members who rely on walkers or other aides to get
around. The Secretary of the CWA reports that a number of members of both groups have
had to cease attending until such time as a ramp is installed. The Guides also wish to have
disability access as a minimum standard to ensure that their group is accessible for all
potential young members.
The groups using the Hall were of the belief that funding for a disability access ramp for the
Hall, which is Council-owned, was approved as part of a previous grant round and they have
been awaiting installation of a ramp. In fact no such grant appears to have been approved by
Council. While it is not clear how this misunderstanding has occurred, it seems that the need
for a ramp is of such an urgent and pressing nature for it to warrant consideration outside of
the traditional Grants process.
Cr Hopper moved, Cr Kavanagh seconded that Council receive further information regarding
the cost of installing a ramp at the entry to the oval side of the Raeburn Street Guide Hall,
Pascoe Vale, along with potential avenues for funding this project outside of the Community
Grants Process as a matter of urgency.
Carried
GB45/15
FAMILY VIOLENCE AND THE INFRINGEMENTS PROCESS
Cr Meghan Hopper
The Moreland Community Legal Centre has recently noticed an increase in the number of
women who have been victims of domestic violence at the hands of their husbands or
partners attend the Centre with a case worker from various Social Services with large
amounts in fines, warrants or even rates which have been accumulated by their partner or
former partner. Essentially these women owe money to organisations – frequently the State
or Local Government - because the said fines are in their name but do not belong to them.
The following is an excerpt from an account provided by Ms Menoz Sadafi, a Principal
Lawyer at the Moreland Community Legal Centre:
“The (infringements) belong to the men, their husbands abuse the women financially,
physically and emotionally, control them, they put cars, debts, rates, loans, in their wives or
partner’s name, commit offences and leave their wives to deal with the mess they created. In
order to demonstrate my point, I will use a very real example but I will change the details to
de-identify the client. Sarah came in with a Warrant to appear at local Magistrates’ Court in
relation to $40,000 worth of infringements that her husband has occurred over the duration
of their marriage. She was the classic case of victim of domestic violence. He brought her
over from Russia, promised her the world, delivered very little. Abused her mentally, told he
she was worthless, got her pregnant so she could stay at home, prevented her from having
any friends or talking to her family, controlled her whereabouts and did not let her learn
English so she couldn’t integrate into society or obtain work. She failed her licence three
times yet he managed to get loans, purchase cars all in her name, drive recklessly, commit
several offences, collect fines and he did not think about how it would affect her. They
eventually got divorced and an IVO was put in place.
The fines were not paid and got converted into infringements, ended up in outstanding
Warrants. The Sheriff came knocking on her door, she was given 7 days to pay $40,000
which naturally she could not so she was given a Warrant to appear at Court to have her
matters dealt with by a Magistrate, at this stage she decided to seek legal advice and came
to me wanting help. When I first met her, she cried, she asked if she was going to be
incarcerated and have her children be taken away from her. She was fearful. I calmed her
down, promised her that I would help the best I can. I attended Court with her and made
submissions to the Magistrate to revoke and dismiss all the matters before the court on the
Minutes of the Council Meeting held on 9 September 2015 (D15/286246)
25
basis that she was a victim of domestic violence, she had not committed the offences and
should not be punished for his behaviour. Three and a half hours later my submission was
successful and ALL of the fines were revoked.
This is the problem, it’s quite basic. The legislation with respect to the enforcement of fines
and rates do not recognise domestic violence as a reason to have the fines revoked and
there should be some provision to allow for this. This is a very real need. Rather than have
women who are fearful, victims of domestic violence continue to be abused, controlled,
intimidated and punished be exposed to the criminal justice system we should protect them
and allow them to handle their legal mattes, fines the outstanding rates at the beginning of
the infringements stage without having to have to go to Court and deal with the anxiety of
being in an unfamiliar and intimidating environment.”
In enforcing parking fines and other similar infringements committed on Moreland roads, the
City of Moreland is enforcing the Infringements Act 2006. The Infringements Act 2006
currently provides the following grounds for contesting an infringement:
One review of an infringement notice may be requested if you believe that:
The infringement notice was issued contrary to law (you believe you did not commit an
offence).
Exceptional circumstances (verifiable and unforeseen circumstances outside of your
control) could excuse the conduct for which the infringement notice was issued. For
example:

a medical emergency (an injury or illness posing an immediate risk to a person's life or
long-term health); or

a vehicle breakdown.
Verifiable independent documentation is required for Council to consider the withdrawal of
an infringement notice on the grounds of exceptional circumstances. If you experienced a
medical emergency, you must provide a letter from the hospital or treating medical
practitioner confirming the emergency on the day. If you experienced a mechanical
breakdown, you need to provide an invoice or receipt for mechanical or roadside assistance
or towing.
The infringement notice was issued to the incorrect person or vehicle. For example, you
were not in the location; or you were not the driver of the vehicle at the time the infringement
was issued; or you were not in the location at the time the infringement was issued.
You have special circumstances. In relation to infringements, special circumstances are
considered to be circumstances which result in a person being unable to either understand
or control the conduct that led to the offence:

a mental or intellectual disability, disorder, disease or illness

a serious addiction to drugs, or alcohol or a volatile substance, or

homelessness.” (taken from http://www.moreland.vic.gov.au/parking-roads/parkingfines/parking-fines/).
What this means in essence is that there is no explicit provision within the current
Infringements Act for women who have experienced family violence to contest parking or
traffic infringements on those grounds. This leads to traumatic legal proceedings for women
in these circumstances, especially where English is not the first language.
Moreland is about to review its Family Violence Prevention Strategy 2011-2015 for the
coming five years. This provides a timely opportunity for Moreland City Council to be a
leader in considering the impact of family violence on the infringements process, as well
potentially as other financial processes such as rating, and to develop strategies in order to
address this internally.
Minutes of the Council Meeting held on 9 September 2015 (D15/286246)
26
In addition, the Victorian State Government is currently undertaking a Royal Commission
into Family Violence, with the report to be handed down in February 2016. Whilst
submissions to this Royal Commission have closed (with Moreland making a submission),
the timing is suitable for us to support Community Legal Centres in their advocacy to the
State to address family violence provisions within the Infringements Act 2006.
Cr Hopper moved, Cr Davidson seconded that Council resolve that 1.
As part of the upcoming review of the Moreland Family Violence Prevention Strategy
2011-2015, Council review the overlap between family violence and the infringements
process and where relevant, considers strategies to address this.
2.
As part of the upcoming review of the Moreland Family Violence Prevention Strategy
2011-2015, Council review any overlap which many exist between family violence and
the rating process and where relevant, consider strategies to address this.
3.
Council support the Moreland Community Legal Centre in its advocacy to the State
Government to address the gap in the Infringements Act 2006, which currently does
not explicitly allow family violence to be considered as a factor in infringement reviews;
and that to this end the Mayor write to the Victorian Minister for Women, Minister for
the Prevention of Family Violence, the Honourable Fiona Richardson MLA and to the
Victorian Attorney General, the Honourable Martin Pakula MLA drawing their attention
to this matter.
4.
The Mayor write to other Victorian Councillors Responsible for the Status of Women
(and equivalent) and/or Mayors sharing this correspondence, and encouraging them to
liaise with their local Community Legal service to learn about the overlap between
family violence and the infringements process.
Carried unanimously
GB46/15
BRUNSWICK STREET AND SOUDAN STREET, COBURG NORTH
Cr Rob Thompson
Cr R Thompson moved, Cr Ratnam seconded Council resolve that 1.
Officers investigate the lane between Bell Street and Soudan Street, Coburg North
(known as Brunswick Street) reporting back to Council on both a proposed closure to
the western end between Gordon and Sussex Street, and the upgrade of the unmade
section between Gordon and Cramer Street.
2.
Consideration be made to making this a one way street from Gordon to Cramer, a
footpath and parking bays be also considered.
3.
Costing on the above and other recommendations come back to Council for
consideration in future budgets.
4.
The possible closure of the western end of the Street be considered in this year’s
infrastructure program.
Carried
NOTICE OF RESCISSION:
Nil.
URGENT BUSINESS REPORTS:
Nil
Minutes of the Council Meeting held on 9 September 2015 (D15/286246)
27
CONFIDENTIAL BUSINESS:
Cr Davidson moved, Cr Gillies seconded that In accordance with section 89(2) of the Local Government Act 1989 this Council meeting be
closed to the public to consider these reports:

DCI40/15 Animal Management Services update (D15/259474) because it relates to
contractual matters.

DED81/15 Contract 275ST Construction works for Coburg Centre (D15/253955)
because it relates to contractual matters.
Carried
The Council Meeting was closed to the public at 9.31pm.
Adjournment of Meeting
Cr Ratnam moved, Cr Bolton seconded that Council resolve that Standing Orders be suspended.
The Council meeting was adjourned at 9.31 pm.
Carried
Resumption of Meeting
Cr Davidson moved, Cr Kavanagh seconded that Council resolve that Standing Orders be resumed.
The Council meeting was resumed at 9.40 pm with all Councillors present, except Cr Gillies
and Cr Teti.
Carried
OPENING THE MEETING TO THE PUBLIC
Cr L Thompson moved, Cr Gillies seconded that The Council Meeting be open to the public.
Carried
The Council meeting was opened to the public at 10.17 pm.
The meeting closed at 10.18 pm.
Confirmed
Cr Meghan Hopper
MAYOR
Minutes of the Council Meeting held on 9 September 2015 (D15/286246)
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