MINUTES OF THE COUNCIL MEETING HELD AT THE FAWKNER SENIOR CITIZENS CENTRE, JUKES ROAD, FAWKNER ON WEDNESDAY 14 MAY 2014 The meeting commenced at 7.06 pm. PRESENT: Cr Lambros Tapinos (Mayor), Cr Meghan Hopper (Deputy Mayor), Cr Sue Bolton, Cr Helen Davidson, Cr Lita Gillies, Cr John Kavanagh, Cr Samantha Ratnam, Cr Lenka Thompson, Cr Rob Thompson and Cr Oscar Yildiz JP. APOLOGIES: Cr Teti. Cr Davidson moved, Cr Yildiz seconded that the apologies for Cr Teti be accepted. Carried OFFICERS: Chief Executive Officer – Peter Brown Director Corporate Services – James Scott Director City Infrastructure – Grant Thorne Director Social Development – Andrew Day Director Planning and Economic Development - Kirsten Coster Acting Director Organisational Development and Urban Safety – Anita Craven Acting Manager Governance – Sandra Troise CONFIRMATION OF MINUTES: Cr Ratnam moved, Cr L Thompson seconded that the minutes of the Council Meeting held on 9 April 2014 be confirmed. Carried INTERESTS AND/OR CONFLICT OF INTERESTS: Nil. PETITIONS: NEW RESIDENTIAL ZONES (D14/116344) A petition (D14/108813) has been received containing 57 signatures requesting Council to not rezone the residential properties in Merlyn Street, Coburg North to RGZ2 and not rezone a portion of the park and Lorensen Avenue to RGZ1. Minutes of the Council Meeting held on 14 May 2014 (D14/133944) 1 Cr L Thompson moved, Cr Ratnam seconded that – 1. The petition be received and noted. 2. The petition be referred to the Residential Zones Standing Advisory Committee (Director Planning and Economic Development) for consideration. 3. Any proposed action is emailed to all Ward Councillors, relevant portfolio Councillors and Councillors Responsible For, allowing seven clear days for Councillor feedback. 4. The first named signatory to the petition be advised of this action. Carried MAYOR AND COUNCILLORS' CORRESPONDENCE (D14/124338) A list of Mayor and Councillors’ Correspondence that has been received since the last Council meeting is made available for consideration by Councillors. Cr Hopper moved, Cr Bolton seconded that The Mayor and Councillors’ correspondence be received and noted. Carried OUTSTANDING RESOLUTIONS REPORT (D14/124352) At each Council and Urban Planning Committee meeting, Councillors formally adopt reports, enabling Council officers to act upon the resolutions of Council. In addition, Councillors raise items at each Council meeting, some of which are Council resolutions adopted for action by Council officers. The Governance Unit prepares an Outstanding Resolutions Report. The purpose of this report is to monitor the status of resolutions emanating from each Council and Urban Planning Committee meetings. A list of outstanding resolutions is made available for consideration. Cr Kavanagh moved, Cr Ratnam seconded that The Completed and Outstanding Council Resolutions report be received and noted. Carried REPORTS FROM COMMITTEE TO COUNCIL: MORELAND FAMILY AND CHILDREN'S SERVICES ADVISORY COMMITTEE MEETING MINUTES - 19 FEBRUARY 2014 (D14/99235) The minutes of the Moreland Family and Children’s Services Advisory Committee (FCSAC) meeting held on 19 February 2014 are provided for Council’s information. Key Items Discussed: FCSAC role and functioning Priority Areas of Focus for 2014: Playgroup Spaces / Support Kindergarten Participation Rates in Moreland Support for Educators/Children’s Services professionals around qualifications Child Friendly City and the Moreland Early Years Strategy Need for a Family and Parenting Support Service in Moreland (one stop shop) Prevalence of Private Family Day Care providers in Moreland Minutes of the Council Meeting held on 14 May 2014 (D14/133944) 2 Focus on Middle Years Child Safety / Family Violence Transition to Primary School and Secondary School Cr R Thompson moved, Cr L Thompson seconded that The report from Committee to Council be received and noted. Carried MORELAND RECONCILIATION ADVISORY COMMITTEE (D14/104284) The minutes of the Moreland Reconciliation Advisory Committee meetings held on 19 September 2013, 21 November 2013 and 20 February 2014 are provided for Council’s information. Key Items Discussed: Indigenous employment and the role of Lidia Thorpe of the MAV as the Aboriginal Employment Project Advisor. Review of the 2012 – 2013 Reconciliation Action Plan and the development of the Reconciliation Action Plan 2014. Working with the Robinson Reserve Neighbourhood House on the Recognise Campaign on the recognition of the Aboriginal and Torres Strait Islander people in the Australian constitution. Undertaking the Aboriginal Cultural Audit within Moreland Council. Aboriginal collections at Moreland libraries and its potential additions. Organising the Torres Strait Islander flag raising at Coburg Town Hall. Plans for the NAIDOC Week 2014. Cr R Thompson moved, Cr L Thompson seconded that The report from the Moreland Reconciliation Advisory Committee to Council be received and noted. Carried MORELAND HOUSING MATTERS ADVISORY COMMITTEE - MEETING MINUTES (D14/110949) The minutes of the Moreland Housing Matters Advisory Committee meeting held on 20 February 2014 and 20 March 2014 are provided for Council’s information. Key Items Discussed: Implementation of the Moreland Affordable Housing Strategy 2014–2018. The current Senate Inquiry into Affordable Housing: terms of reference and recommended content. Planning for a housing debate (community event). Proposal for a housing debate (community event). Launch event for the Moreland Affordable Housing Strategy 2014–2018, and the forum ‘Homelessness in Moreland: what do we really know?’ to be held on 10 April 2014. Senate Inquiry into Affordable Housing: the finalised submission. Cr R Thompson moved, Cr L Thompson seconded that The report from Committee to Council be received and noted. Carried Minutes of the Council Meeting held on 14 May 2014 (D14/133944) 3 Suspension of Standing Orders 109 CUMBERLAND ROAD, PASCOE VALE Cr Kavanagh moved, Cr L Thompson seconded that Standing Orders be suspended to hear submissions for and against the proposal. Carried Resumption of Standing Orders Cr Kavanagh moved, Cr Ratnam seconded that Council resolve that Standing Orders be resumed. Carried COUNCIL REPORT: DED33/14 109 CUMBERLAND ROAD, PASCOE VALE PLANNING PERMIT APPLICATION MPS/2013/374 (D14/102671) The application seeks approval for the construction of a medical centre, education centre, child care centre, art and craft centre, a place of assembly, reduction of the car parking requirements and removal of native vegetation. The application was advertised and 57 objections were received. The main issues raised in objections relate to the use of parkland for the development, the effect on residential amenity, the increase in traffic and car parking demand and the effect on the parkland amenity. A Planning Information and Discussion meeting was held on 2 April 2014. No amendment to the application has been made following the meeting. The report details the assessment of the application against the policies and provisions of the Moreland Planning Scheme. The key issues requiring consideration are: Whether the Moreland Planning Scheme supports the development in public open space. The management of potential off-site amenity impacts. Whether there is sufficient car parking provided. Vegetation removal. Council Officers are recommending the issue of a Notice of Decision to Grant a Planning Permit for the proposal. Cr Kavanagh moved, Cr Ratnam seconded that Council resolve: That a Notice of Decision to Grant a Planning Permit No. MPS/2013/374 be issued for the construction of a medical centre, education centre, child care centre, art and craft centre and a place of assembly, reduction of the car parking requirements and removal of native vegetation at 109 Cumberland Road, Pascoe Vale, subject to the following conditions: 1. Before the development commences, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the plans received 19 August 2013 but modified to show: a) Obscure glazing to a height of 1.7 metres above finished floor level to the southern kitchen window of the first floor. Minutes of the Council Meeting held on 14 May 2014 (D14/133944) 4 b) The pedestrian pathway relocated to the entry of the first floor to enable the retention of the Prickly-leaved paperbark (identified as tree 9 in the submitted Arboriculture assessment). c) The retention of the Prickly-leaved Paperbark (identified as tree 9 in the submitted Arboriculture assessment). d) The provision of planting along the southern side of the building of a species and height which will be appropriate to provide screening of the building (in consultation with Council’s open space branch). e) A bicycle parking rack for 10 bicycles installed in a manner that accords with the specifications in the Bicycle Victoria’s Bicycle Parking handbook, with 2 spaces for staff to be secure/covered. f) The land identified on plan “A002” as “Proposed re-instate parkland” annotated as being unfenced and provided for public use. g) Any modifications required as a result of the recommendations of the Waste Management Plan required by condition 14 of this permit. h) Modifications as required by the ESD Management Plan detailed in condition 3 of this permit. i) Modified fencing around the existing pool facility to increase land available for general recreational purposes to the equivalent or greater amount as required by the footprint of the facility. 2. The development as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority. 3. Prior to the endorsement of plans, the ESD Management Plan including SDS and STORM reports provided by WSP Built Ecology received May 2013, must be amended by a suitably qualified environmental engineer or equivalent to the satisfaction of the Responsible Authority to include the following: i. Correction of all inconsistencies and errors between ESD management plan report body, plans and SDS including but not limited to clear commitments to heating and cooling and hot water systems, energy efficient lifts, supplementary extenders for concrete, selected SDS credits (4.05, 4.06, 4.07, 7.06). ii. A preliminary building energy rating and section J assessment demonstrating that energy efficiency 25% above the BCA in accordance with ESD Management Plan will be achieved and that thermal comfort will be achieved with cooling loads of not more than 23MJ/m2 (this may require additional shading). iii. Demonstrate daylight will be maximised with modelling or assessment in accordance with SDS report. iv. Provide details of ventilation system (natural or mechanical or combination of). v. Provide details of sustainable timber standard (FSC or PEFC or equivalent). vi. Demonstrate a best practice standard of water sensitive urban design (this may require additional rainwater harvesting, irrigation and rain gardens). vii. Provide details of PVC best practice guidelines referred to in ESD Management Plan. viii. Include commitment to monitor major building services and recommissioning and tuning twelve months post practical completion of the project. Minutes of the Council Meeting held on 14 May 2014 (D14/133944) 5 Where alternative ESD initiative(s) are proposed to those specified in condition 3, the Responsible Authority may vary the requirements of this condition at its discretion, subject to the development achieving equivalent (or greater) ESD outcomes in association with the development. When submitted and approved to the satisfaction of the Responsible Authority, the amended ESD Management Plan and associated notated plans (including but not limited to recycling and green waste bins, shading, tank, number of toilets serviced by rainwater harvesting system, a statement saying “stormwater detention volume requirements are in addition to stormwater retention”) will be endorsed to form part of this permit. 4. All works must be undertaken in accordance with the endorsed ESD Management Plan to the satisfaction of the responsible authority. No alterations to the ESD Management Plan may occur without written consent of the responsible authority. 5. Prior to the occupation of the development approved under this permit, a report from the author of the Environmental Sustainable Development Management Plan report, approved pursuant to this permit, or similarly qualified person or company, must be submitted to the responsible authority. The report must be to the satisfaction of the Responsible Authority and must confirm that all measures specified in the Sustainability Management Plan have been implemented in accordance with the approved Plan. 6. At all times during the development of the land, the trees identified for retention on the endorsed plans of this permit must be protected by the use of temporary fencing that extends out to the drip line of the trees. The fences will serve to increase contractor awareness, whilst maintaining the safety and integrity of the existing vegetation and preventing the parking of vehicles or stockpiling of soil or materials under the canopy of the trees. 7. Following completion of the development the areas of landscaping shown on the endorsed landscape plan must be maintained. 8. Prior to the occupation of the development, external lighting on the land must be designed, baffled and located to the satisfaction of the Responsible Authority to prevent any adverse impact on any adjoining property. 9. The uses allowed by this permit must only operate between the following hours: Monday to Sunday 9:00am to 10:00pm. 10. No car parking spaces are to be reserved exclusively for non-pool use and the spaces are to remain a shared resource. 11. The car park must remain open and available for use during the operating hours of the uses. 12. A bicycle sign at least 300mm wide and 450mm high showing a white bicycle on a blue background must be erected directing cyclists to the location of the bicycle parking as required by Clause 52.34-5 of the Moreland Planning Scheme. 13. The permit holder must take all reasonable steps to prevent the circulation of dust from the buildings site during construction to adjoining properties to the satisfaction of the Responsible Authority. 14. Prior to the endorsement of the plans a Waste Management Plan must be submitted and approved to the satisfaction of the Responsible Authority detailing: i. Confirmation that educational material will be displayed in the waste bin storage area explaining what material can be recycled; ii. Calculations showing the amount of garbage and recycling that is expected to be generated; Minutes of the Council Meeting held on 14 May 2014 (D14/133944) 6 iii. A description of whether the waste will be collected by Council (in which case the type of charge on each 240 litre bin must be stated) or a private collection (size of bins and frequency of collection needs to be stated); iv. A plan showing the location of the bin storage area on the site and details of screening from public view; v. A plan showing the bins in the storage area proving that it is of sufficient size to store the required number of bins in a manner that allows access to all bins; vi. Details of where the bins will be placed for waste collection and whether parking restrictions will be required for the waste trucks to service bins (e.g. No Parking, 6am-midday, Wednesdays); and vii. Confirmation that the bins will be removed from the street promptly after collection. 15. All stormwater from the land, where it is not collected in rainwater tanks for re-use, must be collected by an underground pipe drain approved by and to the satisfaction of the Responsible Authority. 16. This permit will expire if one of the following circumstances applies: a) the development is not commenced within two (2) years from the date of issue of this permit; b) the development is not completed within four (4) years from the date of issue of this permit. The Responsible Authority may extend the period referred to if a request is made in writing before the permit expires or; within six months after the permit expires to extend the commencement date. within 12 months after the permit expires to extend the completion date of the development if the development has lawfully commenced. Carried Alternative Motion Cr Gillies moved that Council resolve: 1. That the planning permit report and recommendation for 109 Cumberland Road Planning Permit Application be deferred. 2. That a report be presented at the July Council meeting by Council Officers identifying a more cost effective construction method that would enable council to commence construction works within the 2014-2015 budget with minimal impact on the open space at Rogers memorial Reserve. Lost for want of a seconder 7.49 pm Cr Yildiz left the meeting room. 7.51 pm Cr Yildiz returned to the meeting room and resumed his seat. Cr Gillies foreshadowed a motion. Deferred Cr Gillies moved that this report be deferred. Lost Minutes of the Council Meeting held on 14 May 2014 (D14/133944) 7 QUESTION TIME: ON1/14 MALCOLM MCKINNON - FLEMING PARK MASTER PLAN Moreland City Band welcomes the retention of its band hall space within the revised Fleming Park Masterplan. Can Council recommend that at the end of its current lease agreement for the Band Hall at Fleming Park in May 2015, the Band, be offered an extended new lease so that it can continue and expand its substantial community music program? The Director Social Development has taken this item on notice to respond. ON2/14 DAVID HODGES - FLEMING PARK MASTER PLAN Moreland City Band commends Council and its officers for ensuring that arts and cultural activities have been incorporated into the Fleming Park Concept Plan by providing fit-forpurpose music facilities. Will the space currently leased to the Moreland City Band be officially recognised by Council as an 'arts' space consistent with Strategic Objective 1 of the Moreland Arts and Culture Strategy? The Director Social Development has taken this item on notice to respond. QT48/14 SIMON MOORE - HUNGRY JACKS Have Councillors recently passed through the intersection of the proposed location of Hungry Jacks during peak hours to see the traffic delays and risks to pedestrians? Cr Hopper advised that the usual process for dealing with planning applications is for the application to go to UPC and that questions relating to planning matters should be raised at the UPC meeting. Cr R Thompson and Cr Yildiz advised that they know the area well and have been on site. QT49/14 MARILYN MOORE - HUNGRY JACKS Ms Moore spoke of the statistics that indicate that obesity and type 2 diabetes are on the rise and asked when will Council get serious about the proliferation of high fat and salt foods? Will Council amend the MSS to reflect this? Peter Brown, Chief Executive Officer advised that Council is looking at the Community Plan tonight. This is an overarching document with clear indication of what Council is aiming to achieve. QT50/14 HAYLEY SLOAN - HUNGRY JACKS A representative for the applicant has conceded that plans do not accurately reflect the site levels. Has Council received amended plans? Kirsten Coster, Director Planning and Economic Development advised that amended plans have not to date been received. QT51/14 RESIDENT - HUNGRY JACKS Resident raised concerns about the potential increase in the amount of litter, violence and noise in the local area if the Hungry Jacks proposal goes ahead. QT52/14 LUKE HAIG - BANKING TENDER The current tender for banking services includes questions on funded greenhouse emissions with 14 other environmental questions, and in total allocates them only 15% of the scoring. Is it possible that one of the ‘big 4’ banks could again win the tender for Council banking, despite their lending billions to fossil fuel projects? Does Moreland have or is Moreland planning to develop a risk management policy? And following from this will Moreland be using a risk based approach to managing the local impacts? Minutes of the Council Meeting held on 14 May 2014 (D14/133944) 8 Cr Bolton advised that she would be moving a Councillor item on this topic this evening. Peter Brown, Chief Executive Officer, advised that Council does have a Risk Management Policy; that the Planning Scheme and Climate Action Plan contain information on the greenhouse emissions. QT53/14 LORRAINE INGLISS - CLIMATE CHANGE In light of the need to better understand how Moreland Council might be unwittingly financing Climate Change, can the Council confirm which banks it does business with, and in what capacities in terms of services, investments and finance? Peter Brown, Chief Executive Officer advised that Council has limits in what it can and cannot do through financial controls. Council has held loans with a number of banks, primarily Commonwealth Bank Australia. Borrowings go through a competitive tender process. A report will be presented this evening looking into the MAV introducing municipal bonds. James Scott, Director Corporate Services advised that the tender is closed and is currently being assessed. A report will be presented to the June Council meeting. QT54/14 JOHN ENGLART - HEAT POLICY A super El Nino similar to 1997/1998 is presently brewing in the Pacific that may spike temperatures and heatwaves to record intensity this coming summer. What emergency preparedness has so far been undertaken by Council to safeguard the health of Moreland residents in heatwaves? Where is the Council at with motion from 12 February 2014 on this issue? Peter Brown, Chief Executive Officer advised that Council has a Municipal Emergency Plan that looks at response and recovery. Andrew Day, Director Social Development advised that Council has a comprehensive heatwave strategy and works closely with Department Human Services to notify local agencies and clients and to broadcast messages to the community. The Council motion from 12 February has been raised at regional level. Council is involved with regional response project around response and recovery. This is a public document available on Council’s website. Peter Brown, Chief Executive Officer advised that Council has a heatwave policy for staff. QT55/14 MARK GEPP - WINIFRED STREET PROPOSAL How did Moreland City Council arrive at the decision to zone the Winifred Street shops as commercial and the surrounding area as Neighbourhood Residential? Why is Moreland proposing to remove the orange paper placed on telegraph poles in the area? Mayor, Cr Tapinos, advised that a very comprehensive process was followed in regards to the zoning. The report is with Panel at the moment and will then go to the Minister for approval. Council has Local Laws relating to posters on poles. If a complaint has been received about the poster, then Council is required to police and enforce the Local Law. Adjournment of Meeting Cr Ratnam moved that Council resolve that Standing Orders be suspended. The Council meeting was adjourned at 8.46 pm. Carried Minutes of the Council Meeting held on 14 May 2014 (D14/133944) 9 Resumption of Meeting Cr Ratnam moved that – Council resolve that Standing Orders be resumed. The Council meeting was resumed at 9.00 pm with all Councillors present. Carried "ON NOTICE" ITEMS FROM PREVIOUS COUNCIL MEETING: Nil. COUNCILLORS ITEMS: CI36/14 CPI RATE INCREASE Cr Lenka Thompson In the lead up to the state election, the alternate government, the ALP, has announced a policy position of forcing councils to maintain their rate increases no higher than CPI. Both local government peak bodies, Municipal Association of Victoria (MAV) and the Victorian Local Governance Association (VLGA) have spoken out against this policy. Given the increases in council staff wages which are consistently above CPI, the ongoing cost shifting from state to local government with respect to services such as libraries, child care, aged care services, and the need to maintain and invest in infrastructure for future generations, this report will be aimed at drawing out the variances to services and infrastructure to Moreland ratepayers should this be the case. Cr L Thompson moved, Cr Ratnam seconded that a report be brought forward to the July Council meeting supporting the MAV to campaign on behalf of Councils on the Rate Increase at or below the Consumer Price Index (CPI). Carried CI37/14 FINANCIAL REPORTING FOR CLIMATE CHANGE Cr Lenka Thompson This Motion speaks to the petition (D14/106964) Council received in April 2014 calling for Moreland City Council to divest its banking from fossil fuel investing banks. Since 2008 the 4 big banks, Commonwealth, ANZ, Westpac and NAB have invested $18.8B in fossil fuel projects in Australia. This is the investment they have made that will lock in decades of greenhouse gas emissions at a time the planet needs them to stop. Moreland has a strong history of leading sustainability initiatives for local governments and this is another step in that direction. This Motion calls for this report to show where our funds are going (and therefore where they are being invested / supporting) and also ensuring our that banking practices are as environmentally robust as our policies and initiatives. Cr L Thompson moved, Cr Bolton seconded that a report be received at the June Council meeting to allow Council to understand whether its financial investments are inadvertently financing Fossil fuel developments and any other unethical investing. This report will help Council understand whether it's financial activities are in conflict with its commitment to tackling climate change. The report should include a summary of Council investments and what institutions they are held with. Carried Minutes of the Council Meeting held on 14 May 2014 (D14/133944) 10 CI38/14 INTERNATIONAL NURSES DAY (MONDAY 12TH OF MAY 2014) Cr Samantha Ratnam International Nurses Day was on Monday 12th of May 2014. This day provides the community with the opportunity to acknowledge the work of Nurses in every speciality of nursing. The nurses working within the Moreland Maternal and Child Health and Immunisation service represent both the profession of nursing and Moreland City Council. Nurses perform many roles in our local community with passion, energy and concern. The primary focus of our nursing teams is to assist people to achieve the best outcomes in their children’s and their own lives. Moreland’s Maternal and Child Health team supports the community with knowledge and commitment to build inclusive, healthy families and communities. A healthy community contributes to the positive growth and development of infants and children. The Immunisation Team provides an award winning service in the prevention of infection diseases which can impact so much upon the health and wellbeing of all residents within this community. Cr Ratnam moved, Cr Kavanagh seconded that Council recognises and commends the commitment and contribution of the Maternal and Child Health and Immunisation team to continuing the healthy outcomes for the Moreland community. Carried CI39/14 REVIEW OF MORELAND COUNCIL'S ANNUAL AWARDS Cr Samantha Ratnam Council currently conducts an annual Australia Day awards program in which we award one citizen of the year and one young citizen of the year award. However, over the last 2 years, we have seen less people being nominated and less interest in the program resulting in us cancelling the granting of awards in 2013 for lack of nominations. A number of us on the Citizens of the year awards advisory committee have been discussing other options for granting annual awards. Many other councils use an alternative approach of having multiple awards categories and their programs have been quite successful. Eg.City of Melbourne http://www.melbourne.vic.gov.au/AboutMelbourne/MelbourneAwards/Pages/AboutTheAward s.aspx This report will investigate other options available for annual awards for outstanding contributions by Moreland citizens and recommend how we could amend and restructure our annual citizens awards program in time for the 2015 program. Cr Ratnam moved, Cr L Thompson seconded that Council resolve: 1. To call for a report investigating how other Victorian Councils conduct their annual citizens awards for contributions made by outstanding citizens in the community. 2. That this report be completed in time for a review of our current awards program in 2014/2015 and that the recommendations as adopted by Council be implemented for the annual awards ceremony / program in 2015. Carried Minutes of the Council Meeting held on 14 May 2014 (D14/133944) 11 CI40/14 REVIEW OF COUNCILLOR ITEMS NOTIFICATION PERIOD AND PROCESS Cr Samantha Ratnam Moreland Council’s current Meeting Procedure Law allows Councillors to table items for the Council agenda through the proposal of ‘Councillor Items’. The governance arrangements for these items requires that councillor item motions be circulated in writing for them to be eligible for consideration. The practice has resulted in a number of significant items of business being tabled with little if no notice to other councillors prior to Council meetings. This has seriously compromised other councillor’s ability to be diligent and prudent in their decision making as councillors have little time to consider, analyse or seek further information about the items being proposed. More significantly, the introduction of Councillor Items at Council meetings (without a notice period) provides no transparency to the community about these significant items on the Council agenda – especially for items that have a budgetary implication. Council officers are held to a much higher level of transparency than Councillors at present as they are required to make all agenda items open to the public in the 5-7 day period prior to each council meeting. I think Councillors should be held to the same, if not higher, standard. This resolution asks that we review how other Councils govern items of business that councillors wish to propose. Many other councils require a minimum notice period for councillor items which then get placed on the agenda for the public to review. This proposal does not seek to undermine or compromise the ability of residents to table items of business through councillors. For examole. any items that need to be considered, but cannot be tabled by the notice period, could be introduced as urgent items (as is the practice by many Councils). This report will provide us with some options for how we can improve our transparency, governance and accountability to residents. Cr Ratnam moved, Cr L Thompson seconded that Council resolves to receive a report that reviews the Meeting Procedure Local Law of other Victorian local Councils, with a focus on how they govern their ‘Councillor Items’ of business for Council meetings and makes recommendations for how we can improve our governance and increase transparency to the community about significant items of business that Councillors propose at Council meetings. Carried CI41/14 PARKING IN BELAIR AVENUE, GLENROY Cr Lita Gillies That Belair Avenue residents have requested that Council look at traffic measures in Belair Avenue to resolve safety issues and parking congestion that has caused concern for motorists and pedestrians, as well as residents and patients attending the doctors' surgery in Belair Avenue, Glenroy. Cr Gillies moved, Cr Hopper seconded that Council look at traffic management solutions to parking issues causing safety hazards in Belair Avenue, Glenroy, and that this include the possibility of restricting parking to one side of the street only. Carried CI42/14 LOCAL GOVERNMENT AND THE TRANS PACIFIC PARTNERSHIP AGREEMENT Cr Sue Bolton The Trans-Pacific Partnership Agreement (TPP) is a trade agreement being negotiated between Australia, the US and 10 other Pacific Rim countries. The text will be finalised in the next few months. Minutes of the Council Meeting held on 14 May 2014 (D14/133944) 12 Although a trade agreement may seem remote from the concerns of local government, this agreement is relevant to local government precisely because it is not mainly about trade issues like reduction of tariffs or taxes on imports. Although the details of the negotiations are secret we know from government statements, industry submissions and some leaked documents that the agenda is being driven by the US, on behalf of its major industries and corporations. Most of the 29 TPP chapters are about changes to domestic law which suit the interests of these industries and many are modelled on US law. The aim is to create uniform regulation across the region. Unfortunately US industry interests do not often coincide with national and community interests in other countries. Many of these proposals could have negative effects on the regulation and services provided by National, State and local government in Australia and other countries. The negotiations have now dragged on into their fourth year partly because of resistance to US proposals. Investor-State Dispute Settlement (ISDS) enables a foreign investor to sue a government at local, state or national level for tens of millions of dollars, if the investor alleges that a law or policy harms their investment. The disputes are heard by international investment tribunals. Their major concern is whether investments have been harmed and whether the investor has been given fair and equitable treatment, rather than whether the law or policy is in the public interest. Even if the case is unsuccessful, legal fees and fees paid to arbitrators mean that governments have to spend millions of dollars defending the case. The inclusion of ISDS in any trade agreement is a dangerously short-sighted policy, which could lead to local, state and federal governments having to pay hundreds of millions of dollars in legal fees and compensation. It could also have dire consequences for the ability of governments to legislate democratically in response to community concerns, such as those of rural communities which want more government regulation of coal seam gas mining for environmental reasons There have been examples of local governments being sued by foreign investors. The US Metalclad company used ISDS provisions in the North American Free Trade Agreement and was successful in suing a Mexican local government for US $16.2 million because of a refusal for a waste dump permit on the grounds that it would contaminate local water sources. There have been cases in other countries over environmental regulation, which in Australia could affect regulation at local government level. For example, some local governments have policies against the use of pesticides in parks and gardens. The US Dow Chemical Company attempted in 2009 to sue the Quebec provincial government because of an environmental ban on the use of 2-4D pesticides in public parks and other public spaces. The case was withdrawn but legal fees cost millions. Cr Bolton moved, Cr Gillies seconded that Council resolve: 1. 2. To note that: a) Australia is in the final months of negotiating the Trans-Pacific Partnership Agreement (TPP) with the United States and 10 other Pacific rim countries; b) These negotiations happen in secret and that the public and the Australian Parliament will not see the contents of the agreement until after it has been signed; and c) The final TPP agreement may have an impact on local government that will not be realised until after the Agreement is signed. To call on the Trade Minister to release the draft agreement for public consultation and parliamentary consideration prior to it being agreed to by Cabinet; and Minutes of the Council Meeting held on 14 May 2014 (D14/133944) 13 3. To request that the Trade Minister ensure that the agreement does not contain provisions which: a) Enable a foreign investor to sue governments for damages over policy, laws or regulations at local, state or national level; b) Increase the period for copyright royalties and / or increases restrictions or penalties for temporary downloads from the internet; c) Restrict local government policies which encourage local employment, support local economic and industry development and encourage good employment practices and initiatives; d) Restrict local government policies which encourage good environmental practices and initiatives; e) Restrict local government supply and regulation of services or require the commercialisation of services; and f) Prevent local government procurement policy from giving preference to local suppliers. Amendment Cr Ratnam moved, Cr Hopper seconded that Council call on the Australian Government to release information on the transpacific partnership and use this information for advocacy. Carried and formed part of the substantive motion The substantive motion was put to the vote. Lost CI43/14 EAST WEST LINK AND PUBLIC TRANSPORT Cr Sue Bolton The Public Transport Users Association is approaching Councils to sign an open letter to Premier Napthine putting the case for funding of public transport instead of the East West Link. So far, the Yarra Council has voted to sign the letter and contribute $5000 to the cost. Also, Moreland Community Against the East West Tunnel and the Public Transport Users Association are part of a coalition of groups organising the Trains Not Tolls Rally on 28 June at the state library. It is expected that groups with an interest in public transport from regional areas as well as metropolitan Melbourne will participate in this event. The rally aims to broaden support for the campaign to scrap the East West Link, substantially increase investment in public transport and an incoming government to rescind any contracts that are rushed through prior to the state election. Other groups supporting the rally include the Yarra Council, Public Transport Not Traffic, Yarra Campaign for Action on Transport, Residents Against the Tunnel, Friends of Banyule, Kensington Association, Flemington Association, Knox Environment Group and disability groups. Cr Bolton moved, Cr Gillies seconded that: 1. The Mayor on behalf of this Council sign the Public Transport Users’ Association Open Letter To The Premier seeking priority investment in public transport, walking and cycling infrastructure, level crossing removal and adequate maintenance of existing roads ahead of investment in the East-West toll road. 2. This Council contribute $5000 (from the previously allocated budget) towards the cost of publication of the Public Transport Users’ Association Open Letter To The Premier in the Herald Sun newspaper. Minutes of the Council Meeting held on 14 May 2014 (D14/133944) 14 3. Local, State and Federal Members of Parliament, and Dr Tony Morton, President of the Public Transport Users’ Association, be informed of the above decisions. 4. Council: a) Endorses the 28 June Trains not Tolls Rally which is being organised by a coalition of groups including Moreland Community against the East West Tunnel. b) Produces a leaflet to promote the rally that is relevant to Moreland residents. c) Approach other Councils to support the rally. Amendment Cr Kavanagh moved, Cr Hopper seconded that – 4. Council: a) Endorses the 28 June Trains not Tolls Rally which is being organised by a coalition of groups including Moreland Community against the East West Tunnel. b) Produces a leaflet to promote the rally that is relevant to Moreland residents to a maximum amount of $4000. c) Approach other Councils to support the rally. d) Not publish individual Councillors’ names and contact details on the material. Carried and formed part of substantive motion Amendment Cr Bolton moved, Cr Gillies seconded that – 4. Council: a) Endorses the 28 June Trains not Tolls Rally which is being organised by a coalition of groups including Moreland Community against the East West Tunnel. b) Produces a leaflet to promote the rally that is relevant to Moreland residents to a maximum amount of $4000. c) Approach other Councils to support the rally. d) Include the name and contact details for a Moreland Community Against the East West Tunnel representative. Lost The substantive motion was put. Carried 9.58 pm Cr Yildiz left the meeting room. 9.59 pm Cr Yildiz returned to the meeting room and resumed his seat. CI44/14 ACCESS TO FAWKNER SENIOR CITIZENS HALL FOR OPEN TABLE Cr Sue Bolton Open Table is a non-profit group that has been organising free lunches and dinners for the community using rescued food mostly donated from Second Bite and local businesses for more than one year now. In that time, Open Table has organised two events in Fawkner in October 2013 and March 2014. On both occasions, meals were served to almost 100 people. The events were held at the Fawkner Senior Citizens Club which is a good location because it has a fully equipped kitchen. The space can also be divided into 3 areas which is important so that all religious customs can be accommodated. Minutes of the Council Meeting held on 14 May 2014 (D14/133944) 15 With the high number of people on very low incomes in Fawkner, Open Table has been approached to run the meals on a monthly basis in Fawkner. Open Table is happy to do this but would only be able to provide the free meals if they have the hiring fees for the Fawkner Senior Citizens Centre waived. Cr Bolton moved, Cr Gillies seconded that Council recognises the value of the non-profit group Open Table organising free lunches and dinners for the community by waiving the fees for the hire of the Fawkner Senior Citizens Centre. Carried Cr Hopper called for a division. For Cr Tapinos Cr Bolton Cr Davidson Cr Gillies Cr Kavanagh Cr Ratnam Cr L Thompson Total For (7) Against Cr Hopper Cr R Thompson Cr Yildiz Total Against (3) COUNCIL REPORTS: DCS16/14 PROPOSED MORELAND CITY COUNCIL BUDGET 2014-2015 (D14/115127) Council has prepared a Budget for the 2014/2015 financial year. Key features include: A moderate 4.5% rate increase is proposed, this follows the 3.0% rate increase for the 2013-2014 year. New Capital Works Program of $27.81 million. An Operating Projects Program of $6.67 million. A balanced cash budget – this requires a modest underlying operating surplus to meet the loan redemption requirements, capital expenditure beyond depreciation and reserve transfers. Continuation of the Differential Rate on Vacant Land and the Differential Rate on Unoccupied Land, both levied at four times the General Rate but capable of reduction via rebates upon compliance with criteria. The purpose of this report is to present to Council the Proposed Budget for the 2014/2015 financial year as contained in Attachment 1. Council has also reviewed and made minor changes to the Rating Strategy as part of the 2014/2015 Budgeting process (Attachment 2). Cr R Thompson moved, Cr Gillies seconded that Council resolve: 1. To adopt the Rating Strategy 2014/2015. 2. To declare the Proposed Budget annexed to this resolution as the proposed Moreland City Council Budget 2014/2015 in accordance with Section 127 of the Local Government Act 1989. 3. To give public notice of the preparation of the proposed Moreland City Council Budget 2014/2015 in accordance with section 129(1) of the Local Government Act 1989 and to state in such public notice that submissions on the proposed Budget must be submitted by 5.00pm on 14 June 2014. Minutes of the Council Meeting held on 14 May 2014 (D14/133944) 16 4. To make the proposed 2014/2015 Moreland City Council Budget available for inspection at Council offices, at Council libraries and on the Council internet site. 5. To receive and hear all submissions on the proposed Moreland City Council Budget 2014/2015 made in accordance with section 223 of the Local Government Act 1989, at a Special Council meeting to be held on 23 June 2014. 6. To consider the adoption of the budget and the declaration of rates at the Council Meeting on 9 July 2014. 7. That the Chief Executive Officer, in consultation with the Mayor, be authorized to make minor edits to the proposed budget. Carried Amendment Cr Ratnam moved, Cr L Thompson seconded that – 8. That any expenditure on the ‘Anzac Centenary Memorial’ item as allocated in the 2014-2015 capital works budget be subject to formal approval at a Council meeting. 9. That the budget item regarding expenditure for the Anzac Centenary Memorial in ‘Public Open Space’ budget, be renamed ‘Anzac Centenary Memorial Projects’ and be moved out of ‘Public Open Space’ and moved to ‘Arts and Culture’ (or more appropriate budget item). 10. That any budget expenditure for Anzac Centenary Memorial Projects in 2014-2015 include a project on documenting the history and service of Indigenous service men and women in the first world war who had links to the Moreland community. 11. That any budget expenditure for Anzac Centenary Memorial Projects in 2014-2015 include a project on documenting the history of those people with connections to the Moreland community who objected to the war and those who advocated for non-violence and peace throughout that period. Carried Cr Tapinos voted against the motion DCS17/14 FINANCIAL MANAGEMENT REPORT - FOR THE PERIOD ENDED 31 MARCH 2014 (D14/111630) This report presents the Financial Management Report for the financial year to date (YTD) period ending 31 March 2014. The Base Operating Performance shows an operating result of $27.9 million (before operating projects, capital projects and other items). This is favourable by $3.8 million against budget. Operating Projects and New Initiatives have YTD expenditure below budget of $0.58 million. Year to date expenditure on Capital Projects is below budget by $6.8 million. The YTD Accounting Surplus after reserve transfers and capital funding is $15.1 million, which is above the YTD budget by $5.3 million. The Underlying Result is $5.2 million above the YTD budget. Some of the positive YTD variances are due to timing differences of expenditure items in budget and actual results. Cr R Thompson moved, Cr Yildiz seconded that Council resolves to receive the Financial Management Report for the year to date 30 March 2014 as at Attachment 1 to this report. Carried Minutes of the Council Meeting held on 14 May 2014 (D14/133944) 17 DCS18/14 DEBT MANAGEMENT - PARTICIPATION IN THE LOCAL GOVERNMENT FUNDING VEHICLE (D14/80462) Council currently has seven loan parcels that have been acquired in the past seven years for strategic property acquisitions and major capital work projects. The total loan balance is approximately $52.7 million, with $19.7 million on fixed interest rates and the residual on variable interest rates. Two of the variable loans expire in June 2014 and Council is required to refinance the balance of these loans (estimated to be between $18.5 million to $20 million). Following the successful collaborative debt financing procurement process in July 2013, the Municipal Association of Victoria (MAV) is proposing to establish a new Victorian Local Government Funding Vehicle to pursue a long term sustainable debt financing model for the Victorian local government sector. Through the MAV commissioned research conducted by Ernst & Young, it was identified that the most appropriate debt financing option is local government backed bonds. The MAV has conducted information sessions in March and has requested councils to ‘lock in’ their commitments by 30 May 2014 if they wish to participate in the first issuance of the proposed local government bond. This report seeks Council’s endorsement to participate in the LGFV first issuance, with a total of up to $20 million. To enable this participation, this report also seeks Council’s endorsement to extend the two variable loans with the Commonwealth Bank that would otherwise expire in June. Cr R Thompson moved, Cr Yildiz seconded that Council resolve: 1. To participate in the first Local Government Funding Vehicle (LGFV) bond issuance for an amount of up to $20 million. 2. That considering the interest-only feature of the bond, Council continues to budget for principal repayment of the loan acquired under the LGFV on the basis of 20-year amortisation, and transfer the amount into a reserve at every financial year end, during the life of the bond. 3. To extend the two existing variable loans with the Commonwealth Bank (CBA) with a new facility expiry date of 1 July 2015. 4. To authorise the Chief Executive Officer to execute all relevant documentation to facilitate the loan extension and the LGFV participation. 5. That where necessary, the common seal of Council be affixed to the relevant documents. Carried DCS19/14 PROJECT STATUS REPORT FOR THE YEAR TO DATE 31 MARCH 2014 (D14/115635) This report presents the Project Status Reports for the financial year to date (YTD) period ending 31 March 2014. Council is implementing 228 projects / programs and, as at 31 March 2014: 173 are on track 30 are flagged amber 25 are flagged red In all cases of slippage projects are executing mitigation strategies in order to minimize the impact to project schedules and / or budgets. Minutes of the Council Meeting held on 14 May 2014 (D14/133944) 18 Cr R Thompson moved, Cr L Thompson seconded that Council resolve to receive and note the report. Carried DCS20/14 CUSTOMER SERVICE STRATEGY AND CHARTER (D14/109364) In 2012 Council officers developed a Customer Service Strategy to guide improvements in customer service. The Strategy has recently been reviewed to incorporate learnings from the implementation process over the last two years. At the same time, the Customer Service Charter has been updated to better align it with the updated Customer Service Strategy and the new organisational values. The recent organisational review contained a recommendation that Council adopt the Customer Service Strategy. The purpose of this report is for Council to consider and adopt both documents. Cr R Thompson moved, Cr Ratnam seconded that Council resolve to adopt the Customer Service Strategy and the Customer Service Charter. Carried DCS21/14 ASSEMBLY OF COUNCILLORS RECORD 1 MARCH TO 31 MARCH 2014 (D14/109390) Pursuant to Section 80A of the Local Government Act 1989, effective 1 October 2010, 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 March to 31 March 2014 is presented at Attachment 1. Cr R Thompson moved, Cr Yildiz seconded that Council resolve to receive and note the Assembly of Councillors Record for the period 1 March to 31 March 2014, at Attachment 1 noting that Cr Teti did not attend the Issues and Discussions Workshop on 17 March 2014. Carried DCS22/14 DELEGATION TO XIANYANG CHINA (D14/117703) Council has a commitment to its sister city relationship with the City of Xianyang in the Province of Shaanxi, China. This commitment embraces opportunities for co operative relationships between governments, residents, businesses and institutions of Moreland and Xianyang. In early 2012, an invitation was extended by the Mayor, Cr John Kavanagh for a delegation from Xianyang to visit Moreland. The purpose of the delegation was to enable discussions to further develop the long standing sister city relationship of over 20 years between Moreland and Xianyang. The invitation was accepted and 7 delegates visited Moreland in April 2012. The Friendship City Relationships Advisory Committee met on 6 March 2014 to discuss the possibility of reciprocating the visit. The purpose of this report is to seek Councillor support to further investigate the notion of reciprocating the 2012 visit with a delegation to Xianyang, China in September-October 2014. It is proposed that the Mayor, the Chief Executive Officer and 3 additional representatives of Council, in conjunction with up to 7 Moreland business related representatives attend. Council would not be subsidising the external representatives. Minutes of the Council Meeting held on 14 May 2014 (D14/133944) 19 Cr Hopper moved, Cr Yildiz seconded that Council resolve to authorise the Chief Executive Officer to further investigate the costs associated with a delegation to Xianyang, China and to present a further report detailing these costs to the June Council meeting. Deferred Cr Ratnam moved that this item be deferred. Carried DCS23/14 FRIENDSHIP CITY AGREEMENT WITH KATHMANDU, NEPAL (D14/109381) Moreland City Council has been approached by the Nepalese Association of Victoria (NAV) regarding the possibility of establishing a friendship city agreement with Kathmandu, Nepal. Further, at the Council meeting held on 12 February 2014 (C19/14), Council resolved to call for a report on developing a sister city relationship with Kathmandu. Cr Hopper moved, Cr Ratnam seconded that Council resolve: 1. To write to the Nepalese Association of Victoria (NAV) confirming Council’s intention to establish a friendship city agreement between Kathmandu, Nepal and Moreland City Council. 2. To establish and sign a friendship city agreement Memorandum of Understanding with Kathmandu, Nepal. The motion was carried on the casting vote of the Mayor DCI26/14 DISCONTINUANCE OF A SECTION OF RIGHT OF WAY BOUNDED BY JONES & DE CARLE STREET, BRUNSWICK (D14/103316) Council received a request from a property owner for the discontinuance and sale of the right of way at the rear of 20 - 24 Jones Street and 24 - 26 De Carle Street, Brunswick. The road is enclosed within these properties and no longer used for access. This occupation has prevailed for in excess of 15 years. The remaining sections of road, north to Jones Street and east to Connelly Street, are open and used for access to a number of adjoining properties. Accordingly these sections of road have not been included in the proposal. If the road is discontinued, it is proposed to sell the land to the owners of 20 - 24 Jones Street and 24 - 26 De Carle Street, Brunswick. The owners of these four properties have agreed to the proposed discontinuance and purchase price. On 12 February 2014 (DCI8/14) Council resolved to commence the discontinuance and sale process. As part of the statutory process, public notice has been given. One written submission was received and considered by Council’s Urban Planning Committee on 30 April 2014. This report recommends that the road be formally discontinued in accordance with the Local Government Act 1989 and sold by private treaty to the owners of the abutting properties, in accordance with Council policy. Cr L Thompson moved, Cr Kavanagh seconded that Council resolve: 1. That having considered the submission received under Section 223 of the Local Government Act 1989 regarding the proposed discontinuance and sale of the road at the rear of 20 - 24 Jones Street and 24 - 26 De Carle Street, Brunswick, it is therefore considered the road is not reasonably required as a road for public use. Minutes of the Council Meeting held on 14 May 2014 (D14/133944) 20 2. To discontinue the road in accordance with section 206 and Schedule 10, Clause 3 of the Local Government Act 1989. 3. That a notice of this decision be published in the Victoria Government Gazette. 4. That the land from the road be sold by private treaty to owners of 20-24 Jones Street and 24-26 De Carle Street in accordance with Council’s Rights of Way Associated Policies 2011 and the Rights of Way Strategy. 5. To notify the submitter of its decision and the reasons for the decision. 6. That the discontinuance and sale will not affect any right, power or interest held by Yarra Valley Water in the road in connection with any sewers, drains or pipes under the control of that Authority in or near the road. 7. That the Director City Infrastructure be authorised to execute the Transfer of Land documents and any other documents required to affect the sale of the land. Carried DCI27/14 CONGESTION PARKING LEVY (D14/71003) Council recently learned of an announcement made mid December 2013 by the State Revenue Office (SRO) regarding the expansion of the Melbourne Congestion Parking Levy area. The government imposes the levy on ‘off-street’ parking spaces used for parking vehicles within the levy area. The levy area is proposed to be expanded increasing to a two tier system of charges, of which, Moreland will be located in the new category 2 zone. The area includes off-street car parks south of Dawson Street and Glenlyon Road, Brunswick. The legislation is currently before Parliament. It has been passed in the lower house and is due a second reading in the upper house. There is no certainty around when the Bill will be debated or finally passed however, the SRO is confident it will be passed this year and the levy will apply to the new area from 1 January 2015. This new charge will have significant impacts on Council’s off street car parks in this area and will potentially lead to changes to Council’s Parking Management Policy and the Brunswick Integrated Transport Strategy (BITS). The levy is charged on each bay that existed as leviable parking space at any time in the previous calendar year. For example, the 2015 Notice of Assessment would be based on the number of leviable spaces during the 2014 calendar year. Council supports the concept of this levy as a means to encourage more sustainable transport options however, its application is not appropriate for the off-street car parks within Moreland. When the Congestion Levy was first introduced, there was a separate agreement to the legislation formed between the State Government and the City of Melbourne that 15% of the levy proceeds would be allocated back to the Council for delivering transport services. This funding has been used to help pay for the tourist tram and shuttle in the CBD. The Municipal Association Victoria (MAV) has the expectation that a similar agreement should be established between the newly affected Councils and the Department of Treasury and Finance (DTF). Apparently, the DTF is reluctant to form such agreements however, and the MAV recommends a push from all Councils in this regard. Cr L Thompson moved, Cr Ratnam seconded that Council resolve: 1. To retain the current parking arrangements in off-street car parks affected by the new congestion levy. Minutes of the Council Meeting held on 14 May 2014 (D14/133944) 21 2. That the Mayor writes to the DTF seeking a separate agreement for 15% of levy proceeds to be allocated back to Councils for delivering transport services. 3. That the Mayor writes to the MAV and the Yarra, Port Phillip, Darebin and Moonee Valley Councils requesting support for point 2 above. 4. To investigate future options for the three Council off-street car parks given their average occupancy rates do not meet capacity. Carried DCI28/14 DECLARATION OF PUBLIC HIGHWAY - RIGHT-OF-WAY BEHIND 13 BARNINGHAM STREET, BRUNSWICK (D14/101245) This report seeks to commence the consultation process for a declaration of a 1.22 metre wide portion of the existing right-of-way behind the rear of 13 Barningham Street, Brunswick, as a public highway. The proposed developer of 13 Barningham Street has identified that whilst his land physically connects to the right-of-way at the rear for car access, legally there is a 1.22 metre wide strip of land located within the right-of-way that is not a public highway, which means that the Titles office will not accept the abuttal. Council has the power under the Local Government Act 1989 to declare this land to be a public highway. Cr L Thompson moved, Cr Hopper seconded that Council resolve: 1. To commence the process to declare the 1.22 metre wide portion of the existing rightof-way abutting the rear of 13 and 15 Barningham Street from a point parallel with the eastern boundary of 253 Victoria Street to a point 13.17 metres further west, to be a public highway. 2. To seek submissions under Section 223 of the Local Government Act 1989 on the proposal to declare that portion of the right-of-way as a public highway. 3. To hear submissions in response to the Public Notice at the 23 July 2014 Urban Planning Committee meeting. Carried DCI29/14 RECORDING CRASH DATA WITHIN MORELAND (D14/105052) The existing official crash recording system within Victoria is Crashstats. CrashStats is an accident statistics and mapping program that is used by Victoria Police and VicRoads to record personal injury crashes, property damage crashes where the owner is not present and on occasions, property damage crashes. Individual crashes that are recorded by Victoria Police are uploaded onto the system and this information can then be viewed by members of the public and by Local and State Governments. Data from CrashStats is used by both Local and State Governments to prioritise funding for road safety projects and Black Spot Projects. In order to receive funding for Black Spot Projects, there has to be a minimum of three casualty / injury accidents within a five year period. This approach is standard throughout Australia. At the Council Meeting held on 12 March 2014 (CI16/14), a resolution was put forward to investigate (and provide advice on) a mechanism whereby Council can collect data from residents about traffic incidents. This data can be used for assessing the priority for traffic hazard projects. This resolution was put forward as a number of residents have said that many incidents and accidents are not reported to Victoria Police as either people do not think that they warrant a report (ie. a side mirror being damaged), or Victoria Police does not attend as no persons have been injured in the crash. Minutes of the Council Meeting held on 14 May 2014 (D14/133944) 22 In addition to raising concerns with Councillor’s, a local resident has contacted a company called CrowdSpot requesting a quote to develop a program that will allow members of the public to record crashes online. The proposal put forward by CrowdSpot would allow members of the public to report crashes online. While CrowdSpot is one option that can be used for collecting crash data, Council officers have a number of concerns with using such a system to record crashes. In order to determine where funds need to be spent to improve road safety, Council officers have developed a road safety matrix, which has been endorsed by Council, that scores individual road safety sites based on crashes, vehicles speeds, traffic volumes and proximity to schools. The matrix then takes this data and provides a risk factor and sites with higher scores are prioritised for funding. A solution for recording property damage crashes would be to use Council’s existing customer request system, Pathway. This could be done by setting up a specific ‘task type’ within Pathway that is linked to a questionnaire on the Council’s website. Members of the public could then visit the Council’s webpage and complete the questionnaire. Alternatively, people could call Citizen Services and speak to a front line staff member that could ask the required questions. All data collected as part of this process would then be input into Council’s Road Safety Matrix and reviewed annually against other road safety criteria. This would have the added benefit of using an existing software program at Council. It is important that personal injury and vehicle crashes are still reported to Victoria Police, but this option could be employed for recording property damage crash statistics. Cr L Thompson moved, Cr Ratnam seconded – 1. Council resolve to modify Council’s Pathway system and set up a crash recording process for recording vehicle damage and other traffic incidents and crashes in Moreland, including perceived traffic dangers as reported by residents. 2. That all crash data recorded by Council (as detailed in point 1) be collated every 6 months and published on the Council website. 3. That Council receive a summary report on the Road Safety Matrix annually that includes the crash data as detailed in point 1. 4. That the new pathway system for reporting traffic incidents be advertised on Council's website social media and in the City News section of the Moreland Leader newspaper. Carried DCI30/14 98.9 NORTH WEST FM SIGNAGE (D14/76299) Council has resolved to place signs in public spaces to improve community awareness of the 98.9 North West FM community radio station. Locating signs on municipal boundaries on VicRoads roads is not supported by VicRoads. Recent advice from VicRoads reconfirms that its guidelines do not support the signs on VicRoads managed roads and that it is not proposing to revise its guidelines. With this in mind, at the Council meeting on 19 October 2013 (CI74/13), Council resolved to place signs on the nearest Council owned land in the interim e.g. Oak Park Pool, outside the Mechanics Institute, Brunswick and outside Coburg Library until such a time that the matter is resolved with VicRoads. Advice has been sought on what permits, if any, would be required to install these signs. Whilst it is acknowledged that 98.9 North West FM is a community radio station, from a planning perspective, the signage is considered advertising when proposed on a property. As the signage would be interim until VicRoads’ approval is granted and the timeline for approval is unknown, a planning permit would be required on two of the three sites proposed. This requirement would delay the installation of the signs for an estimated six months. Minutes of the Council Meeting held on 14 May 2014 (D14/133944) 23 Due to the likely planning permit delay, alternative locations in the road reserve of the following roads at the municipal boundaries to Moreland are proposed. These include: Lygon Street; Blyth Street; Dawson Street; and Newlands Road. All of these roads / streets are Council owned and managed. None are VicRoads roads and therefore, do not require VicRoads approval. Signage on roads is generally sought to be minimised, however the signs for 98.9 North West FM have been assessed from a transport perspective and are considered acceptable. The exact location at each site will be determined in conjunction with the relevant areas of Council to ensure the best result is achieved for public awareness, transport safety and local amenity. A planning permit exemption has been confirmed due to 98.9 North West FM providing information on local interest services and attractions and to the signs being in road reserves. The exact location at each site is now to be confirmed and the manufacture and installation of signs completed within 4 to 6 weeks. Cr Gillies moved, Cr Hopper seconded that Council resolve to: 1. Install signage to increase community awareness of 98.9 North West FM at the municipal borders on Council roads in lieu of at Council buildings or on VicRoads roads. 2. Investigate and install signage for all other community radio stations physically located/based in Moreland at similar or more appropriate locations as determined in point 1. Cr Gillies moved that the recommendation have the following additions: 3. That Council look into placing signs at the following Council sites in addition to the sites proposed in the Officer's report: a) Oak Park Pool Fencing facing Pascoe Vale Road. b) Pascoe Vale Pool Fence facing Prospect Street. c) Glenroy Football Oval facing Glenroy Road. d) At the Middle Street Road Sign on the corner of Middle Street and West Street (the street that North West FM is actually situated in). Carried DCI31/14 GOWANBRAE OPEN SPACE DEVELOPMENT AND MANAGEMENT PLAN (D14/9633) The Open Space Design and Development Unit has developed the Gowanbrae Open Space Development and Management Plan, a considered, staged action plan to guide Council’s open space decisions and priorities for Gowanbrae. Much of Gowanbrae’s open space occurs on steep slopes with limited recreation facilities or opportunities, and the Open Space Development and Management Plan aims to improve access to quality, well maintained, sustainable open space in Gowanbrae. Extensive consultation has been undertaken with the Gowanbrae community and a positive response has been received for the proposed Development and Management Plan. Minutes of the Council Meeting held on 14 May 2014 (D14/133944) 24 Some of the key actions from the plan are: Open Space Development: Implement the key capital improvements as proposed in the plan. Reclassify land zoned RZ1 to PPRZ and PUZ (Creeks) where necessary. Ensure remnant vegetation patches are conserved and valued by the community. Improve open space signage and consider naming parks and reserves. Management and Maintenance: Reconcile maintenance responsibilities. Develop a targeted weed removal program throughout Gowanbrae. Consideration of a dedicated maintenance crew for Gowanbrae. Fire Management Planning – establishment of fire breaks and maintenance tracks. Resourcing the development / management plan entails a total estimated cost for the implementation of $3,149,304. This is proposed to be delivered through capital works or through external grant applications. Currently, $400,000 has been funded for the delivery of the multi courts at Elms Court Park in 2014-2015. The remainder of the projects are currently unfunded however, projects can be delivered when funding/grants become available. Proposed projects include the development of the Elms Court park including the multi court and surrounding parkland, shared path networks / links, outdoor gyms, street tree planting, weed management, revegetation, fire break / access paths, community garden (Elms Court Park), signage, lookout, interpretation, play space (Tullamarine) and seating. A detailed summary of the costings and priorities is in the attached draft plan. The first year of this action plan focuses on the installation of multi courts (two publically accessible, lit tennis / netball courts). Council received $100,000 in funding from Sport and Recreation Victoria (SRV) in 2013-2014, and an additional $300,000 for the multi courts and is anticipated in the 2014-2015 capital works budget. Cr L Thompson moved, Cr Kavanagh seconded that Council resolve to endorse the Gowanbrae Open Space Development and Management Plan, and consider a staged program for future capital works funding allocation. Carried DCI32/14 PROPOSED PUBLIC SCULPTURE LAKE RESERVE, COBURG (D14/111668) The Australian Greek Orthodox community of Moreland has requested approval to install a sculpture of ‘Poseidon’ at Lake Reserve, Coburg. The proposal is for the installation of a brass or copper statue of the Greek God, Poseidon in the lake; the provision of two solar sided panels to light the statue; installation of the sculpture on the Murray Road side of the lake; and the costs of purchase, installation and maintenance to be borne by the Australian Greek Orthodox Community of Moreland. Council officers and a representative have met to discuss the proposal with a focus on the location of the sculpture. The proposal is in early stages with design, footings and siting to be determined. The initial indication is of a 2.5m (plus footing) sculpture to be commissioned. At this meeting, an informal request was made for Council assistance in covering installation costs. The historic nature of the park, habitat values, existing large trees, slope and prevalence of rock pose challenges for siting, design and installation of the sculpture. The costs associated with these require further work, particularly as lessons from previous examples of public art ‘gifts’ have included costs borne by Council that were not budgeted. Minutes of the Council Meeting held on 14 May 2014 (D14/133944) 25 To ensure the project complies with Council’s adopted Arts and Culture Public Art Guidelines and the Coburg Lake Master Plan, a holistic approach should be taken with broader community and internal consultation. Council will need to ensure that the sculpture fits in with the broader Lake Reserve landscape, with other sculptures at the lake and to ensure that the location meets Melbourne Water requirements and any planning requirements. Cr Hopper moved, Cr Yildiz seconded that Council resolve: 1. To acknowledge and thank the Australian Greek Orthodox community for their offer of the supply and installation of the Greek God Poseidon sculpture at Lake Reserve, Coburg. 2. To continue to work with the Australian Greek Orthodox community to develop the project and its location, in accordance with Council’s adopted Arts and Culture Public Art Guidelines and Coburg Lake Master Plan. 3. To report back to Council with the recommended approach including costs and implementation options for the proposed sculpture. 4. To consult further with key stakeholders, including the Merri Creek Management Committee and Friends of Coburg Lake, in relation to the proposed site and consider sites in addition to Lake Reserve. Carried DCI33/14 MOOMBA PARK PRIMARY SCHOOL PARTNERSHIP PROPOSAL (D14/113896) Moomba Park Primary School in Fawkner has proposed a partnership with Council to redevelop the garden space at the front of the school for it to be used as an open, community and shared area. The space is proposed by the school as a multifunctional area with three uses: Using the space for educational / environmental purposes (developing some rain gardens); Community use and involvement through the development of a community food garden; and Family space – an area that families can enjoy for relaxation and play (though not having play equipment). The proposal would make a positive contribution to the community and area. However, the benefits are being progressed through other projects and programs by Council and local community groups in this area. A storm water harvesting project in Fawkner at Mutton Reserve is currently under construction and has an educational component. Further, Council funds are more appropriately spent on Council managed public spaces. Melbourne Water grant funding may be of assistance to the school to develop rain gardens with the school grounds. In terms of the community garden, Fawkner Community House in CB Smith Reserve, Fawkner operates a community garden. Connecting the school with Fawkner Community House is recommended. The school is close to Moomba Park and near to CB Smith Reserve which each provide open space for families including for relaxation and play. Shared/joint use agreements are noted in the Moreland Open Space Strategy as being appropriate for areas where access to open space is lacking therefore, this not recommended in this case. Deferred Cr Ratnam moved that this item be deferred to the 11 June 2014 Council meeting. Carried Minutes of the Council Meeting held on 14 May 2014 (D14/133944) 26 DCI34/14 CONTRACT 136T - TENDER FOR CONSTRUCTION OF CRAIGIEBURN RAIL SHARED PATH, OAK PARK - STAGE 1 (D14/117711) The Craigieburn Rail Shared Path at Oak Park Station is the first stage in the construction of a 4.5 km shared path in the Craigieburn Rail Reserve. The route is a high priority in the Moreland Bicycle Strategy (2011) and when complete will connect the Moonee Ponds Creek Shared Path at Bell Street to the Western Ring Road Shared Path at Jacana Station. The Cities of Hume and Moonee Valley have expressed interest in continuing the path to the north and south respectively. The current tender is for the construction of stage one, between Devon Road and Barina Road. Included in the tender are 700 metres of coloured concrete path up to 3 metres wide where achievable, lighting, retaining walls and drainage. The decision to construct in this area was based on completing a gap in the existing road / footway network. The tender was advertised in The Age newspaper on Saturday, 29 March 2014 and closed on Monday, 28 April 2014, seven tenders responded. Evaluation of the tenders resulted in ADP Constructions Pty Ltd achieving the highest score and the lowest overall tender price. ADP Constructions Pty Ltd has previously undertaken work for Council and delivered to a high standard. The works will be delivered over two financial years. Approximately half the works will be constructed using funds budgeted for the current financial year. The remainder of the works will be delivered in the 2014-2015 financial year subject to Council adopting the proposed budget for capital works on the bicycle network. Cr Bolton moved that Council resolve: 1. That the Chief Executive Officer give consideration to the preparation of an in-house bid for the construction of a concrete path and associated works in the Craigieburn Rail Reserve between Devon Road and Barina Road, Oak Park with the second section of this contract being subject to the approval of the bicycle Capital Works budget in the 2014-2015 budget. 2. If the bid is unsuccessful that the Chief Executive Officer give consideration at ways to develop the workforce and the means to achieve competitive in-house bids for future construction, maintenance and other infrastructure works in the near future. 3. That a report on the Chief Executive Officer’s consideration be presented to Council outlining the final outcomes. Lapsed for want of a seconder Cr Hopper moved, Cr L Thompson seconded that – 1. To accept the tender from ADP Constructions Pty Ltd (ABN 46 188 588 097) for the amount of $660,971.83 (excluding GST) being for the construction of a concrete path and associated works in the Craigieburn Rail Reserve between Devon Road and Barina Road, Oak Park with the second section of this contract being subject to the approval of the bicycle Capital Works budget in the 2014-2015 budget. 2. That the Director City Infrastructure be authorised to do all things necessary to execute the contracts. 3. That all tenderers be advised of Council’s decision in this matter. Carried Minutes of the Council Meeting held on 14 May 2014 (D14/133944) 27 DCI35/14 DRAINAGE - CCTV SURVEYS, DRAIN CLEANING AND ASSOCIATED WORKS TENDER (D14/104085) Moreland City Council has a large portfolio of drainage assets, including over 17,000 pits and approximately 500 kilometres of underground drainage pipes. The cleaning and minor maintenance of Council’s drainage assets is undertaken by the Street Cleansing Unit in City Infrastructure. In order to provide a reliable and quality service panel supplier contracts for the provision of the following services is required: CCTV investigation; Drainage pipe cleaning and clearing; Cleaning gross pollutant traps (GPT); Non destructive digging, such as hydro-excavation; Works and repairs; Pipe relining and rehabilitation. The purpose of this report is to seek approval to enter into contracts with various suppliers for the provision of services as described above. Cr L Thompson moved, Cr R Thompson seconded that Council resolve: 1. 2. To award preferred supplier contracts, for a period of three (3) years, with two further one (1) year options, to the following suppliers: a) RMC Reservoir Maintenance Contractors Pty Ltd – ABN 72 496 603 141 b) Veolia Water Network Services Pty Ltd T/A Veolia Water Network Services – ABN 21 124 372 050 c) CSA Specialised Services T/A CSA Specialised Services Pty Ltd – ABN 11 757 908 807 d) Barry Bros Specialised Services Pty Ltd T/A Toxfree – ABN 43 065 876 977 That the Director City Infrastructure be authorised to do all things necessary to affect this decision, including the exercising of any further contract options. Carried DCI36/14 PANEL OF AUTOMOTIVE SPARE PART SUPPLY (D14/118268) Moreland City Council services and maintains a fleet of over 500 units ranging from small plant such as lawn mowers, through to large trucks. The maintenance of Council’s fleet is undertaken by the Fleet Maintenance Unit in City Infrastructure. In order to provide a reliable and quality service, panel supplier contracts for the provision of automotive parts and services are required. The purpose of this report is to seek approval to enter into contracts with various suppliers for the provision of automotive parts and services. Cr L Thompson moved, Cr R Thompson seconded that Council resolve: 1. To award preferred supplier contracts for the provision of automotive parts and services, for a period of three years with two further one year options, to the following suppliers: a) Burson Automotive T/A Burson Auto Parts – ABN 82 006 613 378 b) Whitehorse Truck and Bus – ABN 47 008 278 171 Minutes of the Council Meeting held on 14 May 2014 (D14/133944) 28 2. c) Balestow Pty Ltd T/A Enzed Pty Ltd – ABN 58 383 026 427 d) Industrial Brushware Pty Ltd – ABN 56 069 602 955 e) Dale Brooms Pty Ltd T/A Australian Sweeper Brushes – ABN 72 004 654 700 f) JAS Oceania Pty Ltd T/A JAS Oceania – ABN 78 114 781 592 g) MacDonald Johnston Pty Ltd - ABN 68 004 992 090 That the Director City Infrastructure be authorised to affect this decision, including the awarding of any further options. Carried DCI37/14 PANEL OF TYRES SUPPLY (D14/118436) Moreland City Council services and maintains a fleet of over 500 units ranging from small plant such as lawn mowers, through to large trucks. The maintenance of Council’s fleet is undertaken by the Fleet Maintenance Unit in City Infrastructure. In order to provide a reliable and quality service, panel supplier contracts for the provision of tyres and related services are required. The purpose of this report is to seek approval to enter into contracts with various suppliers for the provision of automotive parts and services. Cr L Thompson moved, Cr R Thompson seconded that Council resolve: 1. 2. To award preferred supplier contracts for the provision of tyres and related services, for a period of three years, with two further one year options, to the following suppliers: a) Rimon Sawa (Ray) T/A Excel Tyre Service Pty Ltd – ABN 79 634 874 119 b) Supreme Tyre Service Pty Ltd T/A Supreme Tyre Service – ABN 54 132 000 303 c) Bridgestone Australia Pty Ltd T/A Bridgestone – ABN 65 007 516 841 That the Director City Infrastructure be authorised to effect this decision, including the awarding of any further options. Carried DCI38/14 ENDORSEMENT OF REGIONAL GRADE SEPARATION PROJECT REPORTS (D14/120514) Level rail crossings have a range of negative impacts for the community and on the function and viability of activity centres, and are limiting revitalisation and redevelopment efforts. The two level crossings in the City of Moreland at Bell Street, Coburg and Glenroy Road, Glenroy are not listed in the Victorian Governments current funding priorities. At its meeting on 12 June 2013, Council resolved in conjunction with Darebin City Council to engage SNC Lavalin to prepare a Regional Grade Separation report. This report examines an alternative mechanism for funding rail road separations in the cities of Moreland and Darebin. More specifically, the report was tasked with investigating a method to push the rail crossings at Coburg, Glenroy, Reservoir and Preston for reprioritisation and to drive timely completion of these projects. The preliminary business case, financial model and associated report have been finalised. The report is significant and is made up of seven volumes (Volumes 0 to 6). For ease of digestion and dissemination, an Executive Summary has been produced and is attached to this report. As per current practice, level crossings are currently removed one at a time, according to a bespoke design. The cost of a single rail level crossing removal ranges between $50 million and $150 million and the resulting Benefit Cost Ratio (BCR) varies between 0.45 and 0.6, i.e. the costs far outweigh the benefits. The Regional Grade Separation Report shows that there are significant cost efficiencies is undertaking multiple grade separations under the one Minutes of the Council Meeting held on 14 May 2014 (D14/133944) 29 contract and opportunities to utilise similar knowledge and design across multiple locations. This “regional approach” is made more attractive if, instead of leaving an open trench that divides the community after the rail is lowered as per current practice, a new surface is created over the rail tunnel and development is allowed to occur on top adjacent to the rail station. This supports transit oriented development whereby density is located close to rail stations to minimise the number of trips needed to be undertaken by car, and maximises opportunities for walking to undertake the majority of trips, especially travel to and from work and shopping. A BCR for this alternative approach has been calculated at 1.26; a BCR significantly better than under the current method of removing level crossings, and where the actual benefits outweigh the costs. The findings highlight that there is a strong case to put to the State Government for undertaking multiple rail separations under the one contract and by allowing economic development on the land liberated by lowering the rail. Cr L Thompson moved, Cr R Thompson seconded that Council resolve: 1. Endorse Interfleet Technology Pty Ltd’s Executive Summary for a regional approach to grade separation in Moreland and Darebin City Councils’ Urban Renewal from Grade Separation Executive Summary. 2. Alongside Darebin City Council, advocate to the Department of Treasury and Finance to fund the $4 million business case to develop the work further in order to secure funding for actual construction in 2015-2016. Carried DSD14/14 DRAFT MASTER PLAN FOR BUILDINGS IN THE FLEMING PARK PRECINCT (D14/63681) Fleming Park is a strategically important precinct in Brunswick East, providing much needed open space, leisure and physical activity opportunities and community facilities. The park and the facilities within the park precinct are well used, and the demand for such facilities is likely to grow based on population forecasts for the area. However many of these facilities have become run down and a number have been closed off from public use for many years due to safety concerns. The precinct is also home to the defunct Council Nursery site, and this area offers land and buildings that can be better used by the public with the implementation of changes proposed as part of the Fleming Park Master Plan. There is an opportunity with the implementation of a Master Plan to better meet the needs of the local community now and into the future. Council endorsed guiding principles for this project in 2013 (DCI/13) and these have informed the development of the Master Plan proposed for endorsement. A Draft Master Plan was endorsed by Council in November 2013 (DSD45/13) for consultation, and extensive consultation was undertaken from December 2013 to March 2014. Feedback from this consultation informed the redrafting of the Master Plan, and a revised Master Plan (Attachment 3 and Attachment 4) is now being presented to Council for consideration. Cr Ratnam moved, Cr Kavanagh seconded that Council resolve: 1. To endorse the revised Fleming Park Master Plan as informed by the community consultation process and contained in Attachment 3 and Attachment 4. 2. To proceed with detailed design and cost planning to implement the full Master Plan, referring the project to the five year capital works program via normal Council budget processes. Minutes of the Council Meeting held on 14 May 2014 (D14/133944) 30 3. To commence with the implementation of the Master Plan, including the construction of a ramp to improve accessibility to the Community Hall and broader park precinct, demolition of the Grandstand and ancillary buildings in the South East of the precinct and removal of the fence surrounding the ex-nursery facility as a priority. 4. To currently retain the Grandstand, but demolish the pavilion and other associated buildings and receive a more detailed report on the cost and options for the grandstand, these options include retention with possible usability and accessibility, or demolition. Carried Amendment Cr Bolton moved, Cr Gillies seconded that – Council: 1. Endorse the revised Fleming Park Master Plan as informed by the community consultation process and contained in Attachment 3 and Attachment 4, but the ‘music rehearsal room’ to be renamed as the ‘Moreland Band Hall’. Lost DSD15/14 REDRESSING THE BURDEN: GAMBLING MACHINE APPLICATIONS AND SYSTEM REFORM (D14/101338) This report presents for Council’s consideration a motion submitted by the Monash City Council for the Municipal Association of Victoria (MAV) State Council at its meeting on 16 May 2014. The motion proposes that the MAV advocate for systemic reform of Electronic Gaming Machine (EGM) regulation in Victoria in the lead up to the 2014 state election. The motion was informed by discussion at a Local Government Forum entitled ‘Redressing the Burden’ on 9 April 2014 at which Moreland was represented. Cr Ratnam moved, Cr Yildiz seconded that Council resolve to support the resolution advocating for Electronic Gaming Machine reform submitted by the Monash City Council for the Municipal Association of Victoria State Council meeting on 16 May 2014, as contained in the body of this report and in Attachment 1. Carried DSD16/14 TORRES STRAIT ISLAND FLAG RAISING CEREMONY (D14/111138) The Torres Strait Island flag raising ceremony is part of Council’s commitment to strengthen recognition of Aboriginal and Torres Strait Islander people as the First Nation peoples of Australia. To demonstrate this commitment Council installed a new flagpole and will permanently fly the Torres Strait Islander Flag in addition to the Australian and Aboriginal flags. The flag raising ceremony will be held during or just following NAIDOC Week, which is the National Aborigine and Islander Day Observance Committee Week (6–13 July 2014). This ceremony will involve the local Aboriginal and Torres Strait Islander community and local primary school students. The Mayor of Torres Shire, Councillor Napau Pedro Stephen will be invited to be a part of the celebration. Cr Ratnam moved, Cr Gillies seconded that Council resolve: 1. To approve expenditure of up to $2,500 required to host the Torres Shire Mayor to participate in the flag raising ceremony. Minutes of the Council Meeting held on 14 May 2014 (D14/133944) 31 2. That in the event the Mayor of Torres Shire is unable to attend a date for the event during or just following NAIDOC Week 2014 (as planned), that an alternative date of 3 June 2014 (Mabo Day) be considered for the event. Carried DSD17/14 MORELAND TRACK CYCLING STRATEGY 2014 (D14/36842) Moreland City Council has two track cycling facilities, the Brunswick Velodrome Cycling Track located in Harrison Street, Roberts Reserve, Brunswick and the Coburg Velodrome Cycling Track located in Charles Street, Richards Reserve, Coburg North. Both velodromes are important to cyclists in the region. Brunswick because of the gradient of the velodrome which caters for all standards from novice through to elite, and the strong development and junior program run from the facility and Coburg because of the Olympic standard velodrome and the superior condition of the track. The presence of these velodromes allows local riders to train and compete off road. There has been a significant increase in participation in cycling and cycle sports in recent years, and that is likely to continue in the long term. There is existing demand for both facilities and it is expected that this demand will only grow in future years. Both facilities are in need of major refurbishment and significant investment is required to ensure these facilities are safe and meeting community needs and expectations. After extensive community and stakeholder consultation, Council’s Recreation Services Unit has completed a Track Cycling Facility Feasibility Study in 2013, which has informed the Moreland Track Cycling Strategy 2014 to guide the development and management of track cycling, to meet the future needs of the Moreland community. This report recommends that Council adopt the Moreland Track Cycling Facility Strategy 2014 and endorses the priorities to ensure Council supports continued growth in cycling sports in Moreland. Cr Ratnam moved, Cr Gillies seconded that Council resolve to endorse the key directions and recommendations contained within the Moreland Track Cycling Facility Strategy 2014. Carried DED34/14 DEVELOPMENT IN THE CITY OF MORELAND (D14/24931) Councillor Item CI34/13 was resolved at the 12 June 2013 Council meeting, moved by Cr Lita Gillies and seconded by Cr Helen Davidson. Specifically the item resolved that: Council approaches other Councils and request that they join us in a coalition of Councils lobbying for more control over, and more say in, what is acceptable and not acceptable development in their community. Council give adequate resources toward lobbying state government to change state legislation in regard to building and development to enable Councils to exercise more control over development of our municipality so that residents have a democratic voice in deciding the policies that would oversee and underpin development in this community. Council write to the Hon. Christine Campbell MLA, Ms Jane Garrett MLA, Ms Bronwyn Halfpenny MLA and Mr Frank McGuire MLA on behalf of residents and request that they work toward getting the building legislation changed to give our municipality more say over what development happens in our community. The tools that provide Council with the opportunity to guide development are afforded through planning (State legislation) rather than building legislation (National legislation), and so the focus of action for Council has been fulfilling its role as a Planning Authority (setting the strategic policy framework for its municipality through its Planning Scheme) to inform its role as a Responsible Authority (where Council administers and enforces the Planning Scheme). Minutes of the Council Meeting held on 14 May 2014 (D14/133944) 32 This item was resolved at a time when there was considerable change underway with respect to planning legislation that guides and informs development in all municipalities. In particular the State Government has actively sought the involvement of all Councils in the preparation of Plan Melbourne including regional forums that Councillors were invited to attend. Importantly, this Strategy replaces the former Melbourne 2030 Strategy and will inform a new State Planning Policy Framework. In launching the new residential zones the Minister advised that this was the first opportunity that Councils would have to say where development should occur. Council has actively worked to implement these new zones and to update the Local Planning Policy Framework and Municipal Strategic Statement that provide the policy basis on which to apply the new zones and guide all development and land use across the City. All of this work guides what is acceptable development. This report details all of the actions that have been undertaken to achieve this for Council and the community. Cr Gillies moved, Cr Davidson seconded that 1. The Chief Executive Officer and any interested Councillors approach the Municipal Association of Victoria for assistance in organising a coalition of Councils to lobby for changes in the powers and regulations covering VCAT that would see the tribunal obligated to consider individual Council's policies, community needs, infrastructure capabilities, open space access, and other considerations when making a determination on overturning a council decision on a building plan. 2. Council ensure that adequate resources are allocated to this matter. Carried DED35/14 REVIEW OF THE STATE PLANNING POLICY FRAMEWORK - COUNCIL SUBMISSION (D14/103169) The State Planning Policy Framework (SPPF) forms part of all Victorian Planning Schemes. The SPPF covers strategic issues of State importance, setting out land use and development policies that integrate transport, environmental, cultural, social, health and economic factors to achieve sustainable development. The SPPF is identical in all schemes. The Local Planning Policy Framework (LPPF) follows on from the SPPF and includes the Municipal Strategic Statement (MSS) and Local Planning Policies (LPP). The LPPF sets the long term direction about land use and development and presents a vision for the community and other stakeholders. The Minister for Planning established an Advisory Committee in July 2013 (the Committee) to review the SPPF, and ways in which Local Planning Policy Frameworks (LPPF) could be better aligned with the SPPF. In response, the Committee released a document called the draft Planning Policy Framework (PPF) for public comment on the 14 March 2014. The PPF integrates the SPPF and LPPF into one document, with the intention of better linking state, regional and local policy to improve navigation and alignment of policy. All state, regional and local policy on a particular issue sits within the one themed Clause, rather than being spread across the SPPF and LPPF. The PPF would replace the SPPF and LPPF in all Victorian Planning Schemes. In preparing the PPF, the Committee has updated the state and regional policy content, by removing outdated policy, and including strategic directions from Plan Melbourne (October 2013 version) and recent major changes to the state’s commercial, industrial, residential and rural zones. The Committee is seeking feedback on the form, content and workability of the draft PPF. Council Officers have prepared a submission to the Advisory Committee, and seek Council to endorse this submission prior to it being forwarded to the Committee by the 24 May 2014. Minutes of the Council Meeting held on 14 May 2014 (D14/133944) 33 Council’s submission to the Committee is that whilst the PPF format would be workable, the disadvantages of introducing the new format outweigh the benefits. It is considered that a more strict approach to the format and content of LPP’s across Victoria would achieve the aim of better linking State and Local policy, whilst still delivering an integrated municipal vision. Council’s submission raises the following particular concerns with the PPF format: The consolidation of the SPPF and LPPF into the PPF results in a large document that overwhelms users. Consolidation of state and local policy into the PPF fragments Council’s settlement framework to manage growth, land use and development. The existing MSS format ensures Councils settlement framework is easily understood and integrated with the Council Plan and Health and Wellbeing Plan. Council also submits that further work is required by the State Government to articulate the strategic directions in Plan Melbourne before it is implemented in the PPF. Council submission is presented in two parts, Attachment 1 (Part A) responds directly to each of the questioned posed by the Committee, and Attachment 2 (Part B) provides an illustration of how the Moreland LPPF (as adopted by Council on 12 March 2014) would sit within the PPF, and provides comments on detailed aspects of the PPF. Cr Hopper moved, Cr Davidson seconded that Council resolve to endorse and submit the “Moreland City Council Submission to the State Planning Policy Framework Review (Part A and Part B),” to the Department of Transport, Planning, Land Use and Infrastructure prior to 24 May 2014. Carried DED36/14 URBAN PLANNING COMMITTEE PROPOSED CHANGES (D14/101637) With the exception of the Pentridge site, Council is the Responsible Authority for the consideration of planning applications in the City of Moreland. Council’s planning permit decision-making responsibilities are delegated to Council staff and the Urban Planning Committee compromising of 5 Councillors. Across Victoria in 2012-2013, 95% of planning decisions were made by Council Officers under delegated authority of Councils. Moreland matched the state wide results with 95% of planning decisions made by officers under delegated authority. Moreland received the 6th highest number of planning applications in Victoria in 2012-2013. The applications received have also increased by 20% to the 3rd quarter of 2013-2014 compared to the same period in 2012/13. Involvement in planning permit decision-making activities places an increasingly high demand on Councillor time both informally when responding to resident and applicant queries and formally through the demands of the monthly Planning Information and Discussion meetings, monthly Planning Briefings and the monthly Urban Planning Committee meetings. An appropriate balance needs to be struck between the Councillor time that can be dedicated to organisational wide strategic decision-making for the Moreland community and the valued Councillor time that can be dedicated to planning decision-making on individual applications. This report explores alternative options for Councillor involvement in statutory planning decision-making with a view to better balancing the demands upon Councillor time in the context of an ever increasing planning application workload. Options include retaining the status quo through the current monthly combination of Planning Information and Discussion meetings, Planning Briefings and Urban Planning Committee meeting, modified models of the Urban Planning Committee through to a delegated committee comprised of senior council officers with town planning qualifications and extensive planning experience. Minutes of the Council Meeting held on 14 May 2014 (D14/133944) 34 Deferred Cr Gillies moved that this item be deferred. Carried DOD6/14 MORELAND 2025 COMMUNITY PLAN AND STATE OF THE MUNICIPALITY (D14/115718) Moreland’s first ever Community Plan and its indicators (State of the Municipality), which are based on the community’s visions, has been developed through partnership and following extensive consultation and engagement with the community and community groups. It was also done in conjunction with services and government departments that deliver services to the Moreland community. These documents are being presented to Council to seek endorsement to commence a formal Section 223 public consultation process. The documents will be used as a map to collectively achieve better outcomes for the community of Moreland. Cr Kavanagh moved, Cr Hopper seconded that Council resolve to: 1. Endorse the Moreland 2025 Community Plan for the City of Moreland and the State of the Municipality report cards to be put out for public consultation under a formal section 223 process. 2. Endorse the holding of a Hearing of Submissions at a Special Council Meeting 21 July 2014, on the Moreland 2025 A Community Plan. Carried 11.10 pm Cr Yildiz left the meeting room. DOD7/14 COUNCIL ACTION PLAN AND ADVOCACY PROGRAM 2013-2014 - 3RD QUARTER PERFORMANCE REPORTING (D14/116415) Council Action Plan and Advocacy Program Performance Reporting tracks Council’s progress towards meeting the annual targets set in the 2013-2017 Council Plan. This 3rd quarter performance report provides a view of achievement against the Council Action Plan and the Advocacy Program for the financial year 2013-2014. Overall, 78% of Council Action Plan actions are either ‘achieved’ or ‘on target’ and 100% of Advocacy Program actions are either ‘achieved’ or ‘on target’. Cr Kavanagh moved, Cr Ratnam seconded that Council resolve to receive and note the 3rd Quarter Performance Report for the 2013-2014 Council Action Plan and 2013-2014 Advocacy Program. Carried NOTICE OF RESCISSION: Nil. LATE REPORTS: Nil. Minutes of the Council Meeting held on 14 May 2014 (D14/133944) 35 CONFIDENTIAL BUSINESS: Cr Davidson moved, Cr Hopper 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: DED37/14 CERES Community Environment Park - update (D14/115755) because it relates to any other matter which the Council or special committee considers would prejudice the Council or any person. DCI39/14 Support for Unsolicited Bid on Grade Separation (D14/109588) because it relates to contractual matters. Carried 11.12 pm Cr Yildiz returned to the meeting room and resumed his seat. The Council Meeting was closed to the public at 11.12 pm. OPENING THE MEETING TO THE PUBLIC Cr Davidson moved, Cr Hopper seconded that the Council Meeting be opened to the public. Carried The Council meeting was opened to the public at 11.30 pm. The meeting closed at 11.30 pm. Confirmed Cr Lambros Tapinos MAYOR Minutes of the Council Meeting held on 14 May 2014 (D14/133944) 36