Banyule City Council Agenda 20 October 2014

Page 1

Ordinary Meeting of Council Council Chambers, Service Centre 275 Upper Heidelberg Road, Ivanhoe 20 October 2014 commencing at 7.45pm Following the public forum commencing at approximately 7.30pm and may be extended to 8pm if necessary.

AGENDA

The Mayor’s Acknowledgement of the Wurundjeri People “Our Meeting is being held on the traditional lands (country) of the Wurundjeri people and I wish to acknowledge them as the traditional owners and pay my respects to their Elders.” Apologies and Leave of Absence Cr Wayne Phillips submitted a Leave of Absence for the period 11 October 2014 to 25 October 2014 (inclusive). Confirmation of Minutes Ordinary Meeting of Council held 6 October 2014 Note: An error in General Business item 9.2 Vote of Thanks: Mayoral Ball, from the Ordinary Meeting of Council on 6 October 2014. The last sentence of names of those who Cr Craig Langdon would like to thank should read ‘Trish Hosking and Karen Taylor’. Disclosure of Interests 1. Petitions 1.1 Fairbank Way Petition - Tree Concerns .................................................................. 3 REPORTS: 2. People – Community Strengthening and Support Nil 3. Planet – Environmental Sustainability 3.1 Metropolitan Landfill Services Contracts Extensions ............................................... 7


AGENDA (Cont’d) 4. Place – Sustainable Amenity and Built Environment 4.1 Paid Parking in Banyule ........................................................................................ 11 4.2 Laane Avenue, Rosanna - Traffic Investigation ..................................................... 19 4.3 Montmorency Railway Station - Additional Car Parking ....................................... 26 4.4 Julinda Court, Greensborough - Proposed Discontinuance of Unused 'Road' ..................................................................................................... 29 4.5 Cyril Cummins Reserve Indoor Hockey Feasibility Study ...................................... 37 4.6 Olympic Park Inline Speed Skate Track Feasibility Study ..................................... 42 5. Participation – Community Involvement in Community Life Nil 6. Performance - Use Our Resources Wisely 6.1 55-59, 61 and 63 Main Street, Greensborough - Hearing Submissions following Notice of Intention to Sell .................................................. 47 6.2 Annual Report 2013-2014 ..................................................................................... 50 6.3 Assembly of Councillors ........................................................................................ 57 6.4 Local Government Electoral Review - Submission ................................................ 61 6.5 Operating and Capital Financial Management Report for Period Ended September 2014 ........................................................................................ 69 7. Sealing of Documents 7.1 Sealing of Documents ........................................................................................... 75 8. Notices of Motion 8.1 Council Boundary Review ..................................................................................... 77 8.2 Naming Options - Haig Street Development Site .................................................. 79 8.3 Street Furniture Inspections .................................................................................. 81 9. General Business 10. Urgent Business Closure of Meeting to the Public That in accordance with Section 89(2) of the Local Government Act 1989, Council close the Meeting to members of the public and adjourn for five minutes to allow the public to leave the Chamber prior to considering the following confidential matters: 11. Confidential Matters 11.1 Contractual matters 11.2 Any other matter which the Council or special committee considers would prejudice the Council or any person Matters Discussed in Camera That all confidential matters and reports related to the above items remain confidential unless otherwise specified. Closure of Meeting

Ordinary Meeting of Council - 20 October 2014

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Petitions

FAIRBANK WAY PETITION - TREE CONCERNS

Author:

Gary Berry - Tree Care Supervisor, Assets & City Services

Ward:

Hawdon

File:

F2014/312

1.1

1.1

EXECUTIVE SUMMARY A petition with 14 signatures has been received from the residents of Fairbank Way Viewbank. The petition raised a number of concerns with ten council street trees and the effect on council infrastructure. The petition prayer is as follows: We the undersigned would like to highlight our concerns as follows: • • • • • •

Potential for Injury to pedestrians from falling branches. Branches, leaves and sap falling onto vehicles and houses, causing damage. Size of trees is too big and variety is unsuitable for residential area. Tree roots have caused ongoing damage to footpath pavers, which create a tripping hazard for pedestrians. Roots causing damage to infrastructure, underground services and homes. Driver visibility is obscured when leaving and entering driveways.

An independent Arborist was commissioned to undertake an assessment and provide a Tree Management Plan. The report identified that nine trees contribute to the amenity and are in good health and should be retained and one tree be removed. There is some minor displacement to the paved footpath, kerb and channel, and the paved road. The displacement is not negatively impacting the drainage ability of the kerb and channel. This report presents the findings of the Tree Management plan, examines potential policy impacts and the financial implications. OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. LOCALITY PLAN Fairbank Way is located in the Suburb of Viewbank. The street intersects with Martins lane. The street is approximately 195 metres in length.

Ordinary Meeting of Council - 20 October 2014

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Petitions

1.1

FAIRBANK WAY PETITION - TREE CONCERNS cont’d

HUMAN RIGHTS CHARTER In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited restricted or interfered with by the recommendations contained in this report. It is considered that the subject matter does not raise any human rights issues. TECHNICAL CONSIDERATION The receipt of the petition initiated the Parks & Gardens Department to inspect the site to determine if any urgent action was required to address public safety issues and to commission a Tree Management Plan from an independent Arborist. The Arborist was instructed to undertake a technical assessment and provide a report on all of the ten Wallangarra White Gums along Fairbank Way. The report was to consider and provide advice on the following: 

Condition



Dimensions



Safe Useful Life Expectancies



Significance within the local community



Assess the alleged damage caused to road and pavement infrastructure from tree roots



Identify risks associated with the trees



Discuss possible options to remedy and prevent damage that may allow for the retention of these trees

Ordinary Meeting of Council - 20 October 2014

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Petitions

FAIRBANK WAY PETITION - TREE CONCERNS cont’d Recommend measures to manage the ten Wallangarra White Gums, their risk and any damage they are causing

POLICY IMPLICATIONS As a general principle council has an interest in tree protection and maintaining canopy cover across the city. The request to remove the trees is in conflict with the broad principle. The trees in Fairbank Way are covered within a Significant Landscape Overlay Schedule 1(SLO1). The aims of the overlay include retaining vegetation to screen buildings and retain the character of the landscape. One tree opposite properties 19 & 20 is also covered by an Environmental Significance Overlay (ESO1). If removal processes were to be considered it may trigger a permit requirement. CONSULTATION Councils Arborist arranged onsite meetings to discuss to clarify the issue raised with the primary petitioner. The concerns articulated include the dropping of leaves and other debris by the trees, and competition for light and water making it difficult to grow grass and other plants, damage to road and pedestrian pavements. DISCUSSION The independent arboriculture assessment identified that the nine trees are worthy of retention and are in good health with acceptable structural integrity. They have long useful life expectancies. The assessment also identified that all risk issues identified with these trees could be managed through routine pruning practices. The displacement of infrastructure could also be addressed with simple low cost engineering solutions. One tree is recommended for removal, due to poor health. The trees are Australian native species from the Eucalypts genus and are commonly called Wallangarra White Gums (Eucalyptus scopria). The trees are expected to grow to a height of 12 metres at full maturity. They were planted approximately15 to 20 years ago. The particular species was a popular selection due to the attractive foliage, texture of the trunk, size and scale and therefore used by many councils across Melbourne as an appropriate urban street tree selection. In response to the concerns raised in the petition it is a well-established fact that trees are shedding organisms. The trees at this location are not demonstrating excessive leaf loss or branch failures compared to general tree population of Banyule. Vegetation in the private and public areas competes for available moisture. Whilst the trees would have an impact on available soil moisture, however factors such as aspect, seasonal rainfall and soil geology would also contribute to available moisture content. As a general principle trees are known to stabilise the moisture levels. The sightlines for vehicle entering and exiting properties are not excessively impacted in by the trees. The street is a cul-de-sac and is not subject to large volumes of traffic.

Ordinary Meeting of Council - 20 October 2014

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1.1




Petitions

1.1

FAIRBANK WAY PETITION - TREE CONCERNS cont’d All nine gum trees are large and significant in the landscape and contribute to the amenity of the street and arguably the landscape character of the neighbourhood. The amenity value provided by the existing trees in the street is estimated to be worth more than $100,000.00 using the well-recognised City of Melbourne Amenity Tree Valuation Method. Seven trees are causing relatively minor displacement to the paved footpath, kerb and channel, and the paved road. The displacement is not negatively impacting the drainage ability of the kerb and channel. . FUNDING IMPLICATIONS It is estimated that the repair costs to the displaced road and pavement infrastructure to be $ 8,500.00. The removal of one tree will be accommodated in the operational tree maintenance program. Should consideration be given to removal of all the trees as per the petition request it is estimated that cost would be $7,300.00. The removal the trees would not negate the repair costs. CONCLUSION It is the view of the Officers that the tree size, habit and other characteristics are appropriate for the location. The trees provide significant environmental benefits and do not pose significant risk. There is scope to develop a transition plan with the residents given the number of vacant planting sites. The displacement to the paved footpath and road can be repaired and the trees retained. RECOMMENDATION That Council 1.

Receives and notes the petition and residents are advised.

2.

Undertakes the following actions: a.

removes the tree at number 3 and provides a replacement tree.

b.

retains the remaining healthy trees and consults resident to develop a species transition plan.

c.

undertakes infrastructure repairs.

d.

that the trees continue to be maintained in accordance with councils two year standard pruning cycle.

e.

continues to monitor the infrastructure.

3.

ATTACHMENTS No.

Title

1

Fairbank Way TMP

Ordinary Meeting of Council - 20 October 2014

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3.1

METROPOLITAN LANDFILL SERVICES CONTRACTS EXTENSIONS

Author:

Russell Darling - Manager Operations, Assets & City Services

File:

F2014/312

3.1

Planet – Environmental Sustainability

EXECUTIVE SUMMARY The initial term for the provision of landfill services under the current agreements that Metropolitan Waste & Resource Recovery Group (MWRRG) and council have with Hanson Landfill Services and Sita Environmental Solutions expires on 1 April 2015. Under the terms of the agreements council must provide written notice to MWRRG and the landfill service providers by the 31 December 2014 if it wishes to extend the contracts for a further term. This report assesses the performance of the existing providers and options for landfill services for the next two years. OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. CITY PLAN This report is in line with Council’s City Plan key direction to “avoid waste generation”. BACKGROUND At the ordinary meeting on 21 March 2011 Council resolved to enter into contractual arrangements through the Metropolitan Waste Management Group (now MWRRG) for the supply of landfill services with two Melbourne metropolitan facilities – Hanson Landfill Services located at Bridge Inn Road Wollert and Sita Environmental Solutions located at Hallam Road Hampton Park. The term of the contracts were for four years plus 3 x 2 year extension options. The initial term for the provision of landfill services under the current agreements that MWRRG and council have with Hanson and Sita expires on 1 April 2015. Under the terms of the agreements council has the following options at the end of the current term: 1.

Elect to exercise the first of three - two year extensions at the adjusted rates as set out in the agreements.

2.

If favourable terms can be negotiated, agree to exercise all three - two year extensions at this point of time.

Ordinary Meeting of Council - 20 October 2014

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Planet – Environmental Sustainability

METROPOLITAN LANDFILL SERVICES CONTRACTS EXTENSIONS cont’d

3.1

3.

Elect to no longer be a party to the agreement.

Hanson and Sita have formally advised the MWRRG that there is sufficient airspace at their sites and that they wish to continue the agreements for a further term. Under the terms of the agreements council must provide written notice to MWRRG and the landfill service providers by the 31 December 2014 if it wishes to extend the contracts for a further term. CURRENT SITUATION During the term of the current contracts, council has sent on average 35,500 tonnes of waste to Hanson Landfill Services at the Wollert facility each year. Much less waste has been sent to the Sita Hallam facility with no waste being sent in the last two years. Due to its proximity to Banyule, the Wollert facility is the preferred landfill with the Hallam facility needed when there is no access to the Wollert facility. The performance of both providers has been acceptable with no routine issues raised through their associated users groups. While the time taken to negotiate a carbon price after the implementation of the Clean Energy Legislation in July 2012 took an extended period of time, the price structure agreed in the final carbon agreements with both providers was acceptable. While there are other landfill service providers in the west available under existing regional contracts, the distances and time needed to transport the waste make these facilities financially unviable at this time. The two existing providers should therefore remain as the preferred contractors. An option exists to exercise all three two year options at this time which will have the effect of providing certainty of waste to the landfills until 1 April 2021. With this certainty, the operators may provide more favourable gate fees. This option can only be considered where the operator can guarantee capacity for the next six years. Both the Wollert and Hallam facilities have this capacity. FUNDING IMPLICATIONS The gate fees payable under the contracts are adjustable by CPI rise and fall annually and this has been factored into future year’s strategic budgets. There are therefore no new financial implications in extending the contracts. HUMAN RIGHTS CHARTER In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in this report. It is considered that the subject matter does not raise any human rights issues.

Ordinary Meeting of Council - 20 October 2014

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Planet – Environmental Sustainability

METROPOLITAN LANDFILL SERVICES CONTRACTS EXTENSIONS cont’d

The initial term for the provision of landfill services under the current agreements that MWRRG and council have with Hanson Landfill Services and Sita Environmental Solutions expires on 1 April 2015. Council now needs to elect to exercise the first of three - two year extensions at the adjusted rates as set out on the agreement, negotiate new rates or elect to no longer be a party to the agreements. RECOMMENDATION That Council: 1.

Approve the extension of the agreements for landfill services with Hanson Landfill Services and Sita Environmental Solutions for a further term of two years.

2.

Authorise the Chief Executive Officer or delegate to negotiate more favourable terms if available.

3.

Authorise the Chief Executive Officer to approve future extensions under the existing agreements.

ATTACHMENTS Nil

Ordinary Meeting of Council - 20 October 2014

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3.1

CONCLUSION



4.1

PAID PARKING IN BANYULE

Author:

Ana Caicedo - Project Engineer, City Development

File:

F2014/704

4.1

Place – Sustainable Amenity and Built Environment

Previous Items Council on 23 September 2013 (Item 4.3 - Additional Paid Parking Locations in Banyule) Council on 18 August 2014 (Item 4.4 - Additional Paid Parking Locations in Heidelberg) Council on 4 August 2014 (Item 4.1 - Upper Heidelberg Road, Heidelberg - Paid Parking Meter Fees) EXECUTIVE SUMMARY This report considers the performance of existing paid parking in Banyule; proposes new locations where paid parking could be introduced to better manage parking demand; and identifies future opportunities for paid parking. In particular, the report: 

Identifies that the existing 206 paid parking spaces in Heidelberg and Greensborough are generally well utilised, with an average occupancy of 83%.



Proposes the introduction of paid parking in Martin Street, Heidelberg (between Darebin Street and Burgundy Street) and the Burgundy Street service road (between Martin Street and Stradbroke Avenue).



Confirms the program for the introduction of paid parking in Norman Street, Ivanhoe and other approved locations.



Proposes that the introduction of paid parking at some locations recommended in the Council Report of 23 September 2013 be deferred as a result of further analysis and proposed alterations to public transport fares.



Proposes that the paid parking fee in Upper Heidelberg Road be reduced to $0.50/hour (maximum of $5/day) to improve turnover as the current 5% occupancy rate is very low. Recommends that the parking fee in areas where the occupancy rate is more than 85% be reviewed as part of the annual review of fees and charges.



OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. CITY PLAN This report is in line with Council’s City Plan key direction to “maintain and improve Banyule as a great place to live”.

Ordinary Meeting of Council - 20 October 2014

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Place – Sustainable Amenity and Built Environment

PAID PARKING IN BANYULE cont’d

4.1

BACKGROUND At its meeting of 23 September 2013, Council approved the implementation of paid parking at nine locations within the municipality. Additionally, a resolution was made to provide the necessary funds to upgrade the existing coin only parking machines around Warringal Cemetery. Following this meeting, Council approved two additional locations for the implementation of paid parking systems in Heidelberg: Mount Street and Studley Road. This report summarises the performance of the existing locations, and proposes new locations where paid parking could be introduced to promote higher turnover in areas with a high parking demand. PARKING POLICY Many strategies are relevant to the consideration of existing and future paid parking in Banyule. A brief description of the policies and their status is provided below. Banyule Integrated Transport Plan The Integrated Transport Plan (ITP) is currently being developed. A draft is to be presented to Council by June 2015. The main goal of the ITP is to develop a more sustainable urban form by better integrating transport and land use planning, reducing the need for private automobile transport and increasing the use of environmentally sustainable transport. The aim of the ITP is to guide the provision, use and development of transport facilities for the general community including parking infrastructure and services. Car parking is a critical component of an integrated transport system as it has a significant influence on car use. An oversupply of car parking contributes to the attractiveness of car use, creating additional trips. Conversely, a restricted supply can reduce the use of private vehicles if parking is not available at the destination. The use of land for the provision of car parking in Activity Centres also reduces the availability of valuable land for development and alternative land uses. Banyule Activity Centre Car Parking Strategy In order to promote a high parking turnover at the core of activity centres in the municipality and increase parking opportunities for visitors to the area, the Banyule Activity Centre Car Parking Strategy was adopted in 2010. The strategy aims to protect residential areas close to activity centres from intrusion of car parking associated with commercial and higher density residential uses. In order to achieve this objective a Residential Parking Permit Scheme was developed and adopted in 2011. Most properties with a non-commercial frontage in streets where time parking restrictions are of more than one hour, are entitled to purchase permits that allow the residents and visitors to park for longer than the indicated time restriction. Under the existing parking permit scheme, parking permits are not issued for locations where paid parking operates. The Residential Parking Permit Scheme is under review and will be reported to a later Council Meeting.

Ordinary Meeting of Council - 20 October 2014

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Place – Sustainable Amenity and Built Environment

PAID PARKING IN BANYULE cont’d

The Heidelberg Car Parking Plan, which is currently being prepared, will look at the immediate and future (20+ years) car parking needs of the Heidelberg and Heidelberg West precincts. The plan will identify ways to improve the efficient use of existing parking infrastructure, inform decisions relating to future parking restrictions and recommend opportunities for additional parking and paid parking locations. Plans for Greensborough and Ivanhoe will be delivered in subsequent years. CURRENT SITUATION Banyule currently manages 206 paid parking spaces within the municipality: 135 onstreet spaces in Heidelberg and 71 spaces in the car park at the corner of Para Road and Flintoff Street in Greensborough. Overall, the paid parking areas in Banyule are well utilised, with an average occupancy rate of 83%. Table 1 shows the current parking fees and occupancy rates for paid parking locations in the municipality. Table 1. Parking fees and occupancy in Banyule – September 2014 LOCATION Para Rd and Flintoff St Studley Rd Burgundy St - Banksia St East side Powlett St Darebin St - Burgundy St Studley Rd Burgundy St - Banksia St West side Darebin St Martin Street - Stradbroke Ave Studley Rd Burgundy St - Banksia St Pick-up & drop-off area Stradbroke Ave Darebin St - Burgundy St Darebin St Upper Heidelberg Rd - Powlett St Banksia St Warringal Pl - Studley Rd Studley Rd Banksia St - Odenwald Rd Upper Heidelberg Rd Montgomery St - Darebin St

SPACES

FEE

OCCUPANCY

71

First 3 hours free $1/additional hour Max. $4/day

100%

17

$2/h

99%

20

$1/hour Max. $10/day

97%

8

$2/h

95%

8

$1/hour Max. $10/day

88%

7

$2/h

86%

18

$2/h

71%

19 11 19 8

$1/day Max. $10/day $1/hour Max. $10/day $1/hour Max. $10/day $1/hour Max. $10/day

TOTAL SPACES

206

AVERAGE OCCUPANCY

83%

Ordinary Meeting of Council - 20 October 2014

64% 62% 62% 5%

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4.1

Additionally, one of the key actions of the Activity Centre Car Parking Policy and Strategy is the delivery of parking plans for the Principal and Major Activity Centres: Greensborough, Ivanhoe and Heidelberg.


Place – Sustainable Amenity and Built Environment

PAID PARKING IN BANYULE cont’d

4.1

Parking occupancy levels between 80% and 85% ensures that parking spaces are available at locations with high demand and parking infrastructure is well utilised in areas with lower levels of demand. To achieve this, it is proposed that the parking charges in locations with occupancy rates of less than 50% be modified to manage parking demand more efficiently. It is also proposed that parking fees at locations with occupancy rates of greater than 85% be reviewed as part of the annual fees and charges process. In accordance with Council’s resolution of 4 August 2014 to “Review the parking fee and payment structure of the paid parking system on Upper Heidelberg Road as part of the delivery of the parking meter replacement project”, it is proposed that the parking fee at this location be reduced to $0.50/hour (maximum of $5/day). Privately owned paid parking locations in Banyule include the Austin, Warringal and Repatriation Hospitals, NMIT Heidelberg Campus, and Greensborough’s Target centre. Daily parking fees at these locations vary from $4 to $30, and hourly rates vary from $4 to $8. ADDITIONAL PAID PARKING LOCATIONS By the end of the 2014/15 financial year, with the completion of approved projects, the number of paid parking spaces in Banyule will increase by 27% to 262. The proposed paid parking spaces located within the Heidelberg Activity Centre, and close to the Austin Hospital, which is one of the main trip attractors in Banyule, are:   

Brown Street (Powlett St to Upper Heidelberg Rd) – Construction Nov 2014; Powlett Street (Darebin St to Brown St) – Construction Nov 2014; and Mount Street (Yarra St to Burgundy St) – Construction Nov 2014.

There are further opportunities in Banyule's Activities Centres as indicated below. Heidelberg Due to high parking demand, additional paid parking opportunities have been identified in the Heidelberg Activity Centre. These are Martin Street, between Darebin Street and Burgundy Street, and Burgundy Street service road, between Martin Street and Stradbroke Avenue. Figure 1 highlights these locations. Martin Street Martin Street could accommodate up to 20 vehicles on the east side of the road, and 21 vehicles on the west side. Therefore, the installation of four ticket machines is proposed for this location. It is proposed that parking restrictions remain unchanged (2-hour parking on weekdays from 8am to 5pm), and a charge of $2/hour be introduced consistent with adjacent parking locations. Residential properties front this road, and some of the residents have purchased parking permits under the Residential Parking Permit Scheme. If a paid parking system is installed in this street, it is proposed that permit holders be exempted from the charges. The estimated cost for this project is $42,000. Given current occupancy levels in the area, it is envisaged that the costs related to the installation of a paid parking system in this location could be recovered in approximately six months.

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Place – Sustainable Amenity and Built Environment

4.1

PAID PARKING IN BANYULE cont’d

Figure 1. Potential paid parking locations, Heidelberg Burgundy Street- Service Road This one-way service road provides access and parking opportunities for visitors of Warringal Hospital. Dependant on the location of underground services, and the space available for the installation of the machines, approximately 35 parking spaces could be included in the paid parking system. It is proposed that some infrastructure works improvements be undertaken to provide safe pedestrian access to the parked vehicles. It is proposed that the parking restrictions be extended to weekends, consistent with the existing restrictions in Studley Road and Stradbroke Avenue. The cost for this project is around $72,000. It is estimated that this cost could be recovered in nine months. Heidelberg Heights and Bellfield The main car trip attractors in this area are the Repatriation Hospital and Northern Melbourne Institute of TAFE (NMIT). The latter introduced paid parking at its Heidelberg Campus in July 2014. The current occupancy rate for the student car park is 30%. Whilst there has been a significant displacement of student parking from the TAFE to The Mall car park due to the introduction of paid parking, there has not been measurable impact on the parking demand in residential streets surrounding NMIT Heidelberg Campus. It is estimated that the current occupancy rates at the Bell Street Mall Car Park is around 80%. It is concluded that this area does not have a high demand for parking and that any future paid parking scheme could cause further displacement of parking into the nearby residential areas. This would not be desirable. Consequently, the introduction of paid parking in this area is not recommended at this time.

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Place – Sustainable Amenity and Built Environment

4.1

PAID PARKING IN BANYULE cont’d As highlighted in Figure 2 below, the four zones that have been nominated for the installation of a paid parking system are included within the study area of the Heidelberg Car Parking Plan. It is recommended that the implementation of these projects be postponed until the plan is completed.

Figure 2. Nominated paid parking locations in Heidelberg Heights and Bellfield within the Heidelberg Car Parking Plan study area Ivanhoe Norman Street The south-east side of Norman Street between Waterdale Road and Seddon Street currently accommodates 28 vehicles. Due to the lack of space to install ticket machines between vehicles and the property boundary it is proposed that two ticket machines be installed on the nature strip adjacent to the car parking bays. These spaces provide for all-day parking and therefore it is recommended that no time restrictions are installed at this location. Opposite to the site, an off-road car park caters for short-term visitors to Ivanhoe. A charge of $1 per hour, with a maximum of $4 is proposed from Monday to Friday, between 8:00am and 6:00pm. The cost for this project is estimated at $21,000. It is expected that the recovery period for the works would be one year. Heidelberg West Crisanne Road Given the size of the properties in the area and the provision of parking at La Trobe University for staff, students and visitors, the success of a paid parking system in the area is not guaranteed. While there is a clear demand for parking, there are significant on-road parking options which would provide an alternative to paid parking. Therefore, it is recommended that the introduction of paid parking along Crisanne Road is not prioritised.

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Place – Sustainable Amenity and Built Environment

PAID PARKING IN BANYULE cont’d

The State Government has announced the introduction of modifications to public transport fare structure to be introduced in January 2015. Trips within Zone 1 and trips between Zones 1 and 2 will be charged at the Zone 1 rate. The frequency in some bus routes will also be increased. It is expected that these changes will have an impact on the demand for parking around railway stations in Banyule. It is recommended that the assessment of paid parking projects around train stations be deferred until mid-2015 when the new public transport zones are in operation and commuter parking habits have stabilised. FINANCIAL IMPLICATIONS The annual income from the existing paid parking locations in the municipality is approximately $400,000. The estimated cost of the proposed additional paid parking locations in Heidelberg and Ivanhoe is $135,000. Table 2 shows the implementation cost and return time for the proposed projects in Martin Street and Burgundy Street, Heidelberg and Norman Street, Ivanhoe. Once these projects are completed, the forecast yearly revenue from paid parking in the municipality is expected to be around $680,000. Table 2. Proposed projects LOCATION Martin Street, Heidelberg Darebin St – Burgundy St Burgundy Street (Service Road), Heidelberg Martin St – Stradbroke Ave Norman Street, Ivanhoe Waterdale Rd – Seddon St TOTAL

ESTIMATED COST

ESTIMATED RETURN TIME (MONTHS)

$42,000

6

$72,000

9

$21,000

12

$135,000

9

It is proposed that the Heidelberg projects be undertaken and funded from the Heidelberg Car Parking account. Parking revenue from these projects will be returned to this account. At its meeting on 18 August 2014 Council resolved to re-scope the Heidelberg paid parking Capital Works projects to provide more efficient use of resources. It is proposed that $21,000 from these projects be used to fund the installation of paid parking in Norman Street, Ivanhoe.

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4.1

Commuter Parking near Railway Stations The demand for all-day parking around railway stations is high, particularly around Greensborough, Macleod and Heidelberg.


Place – Sustainable Amenity and Built Environment

PAID PARKING IN BANYULE cont’d

4.1

CONCLUSION The evaluation of the performance of the existing paid parking system in Banyule shows that overall the infrastructure is being highly utilised, with some of the locations working at capacity levels. An assessment of the parking fees for locations with high occupancy levels is proposed to be conducted as part of the annual fees and charges review process. It is recommended that the parking fee at the Upper Heidelberg Road be modified to $0.50/hour (maximum of $5/day). It is proposed that the paid parking projects Martin Street and Burgundy Street, Heidelberg be funded from the Heidelberg Car Parking account and the paid parking project in Norman Street, Ivanhoe be funded from surplus funds from the re-scoped projects included in the Heidelberg paid parking Capital Works Program. It is recommended that the installation of paid parking systems in Heidelberg Heights and Bellfield be deferred until the Heidelberg Car Parking Plan is completed. Given the low parking demand, it is considered appropriate that the installation of paid parking in Crisanne Road, Heidelberg West, also be deferred. RECOMMENDATION That Council: 1.

Install paid parking on Martin Street, Heidelberg, between Darebin Street and Burgundy Street funded through the Heidelberg Car Parking account and provide a payment exemption under the existing Residential Parking Permit Policy for residents holding a permit.

2.

Install paid parking on the service road of Burgundy Street, Heidelberg, between Martin Street and Stradbroke Avenue using the available funds in the Heidelberg Car Parking account.

3.

Install paid parking on the south-east side of Norman Street, Ivanhoe, between Waterdale Road and Seddon Street using the available funds in the Capital Works Program.

4.

Inform residents of the proposed installation of paid parking identified in Recommendations 1, 2 and 3 above.

5.

Defer the installation of a paid parking system in Crissane Road, Heidelberg Heights.

6.

Defer the installation of paid parking systems in Heidelberg West and Bellfield until the Heidelberg Car Parking Plan is finalised.

7.

Assess the demand for paid parking near railway stations in April 2015.

8.

Adjust the parking fee for the parking in Upper Heidelberg Road, between Montgomery Street and Darebin Street, Heidelberg, to $0.50/hour with a maximum daily fee of $5. 1.

ATTACHMENTS Nil

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4.2

LAANE AVENUE, ROSANNA - TRAFFIC INVESTIGATION

Author:

Bailey Byrnes - Transport Engineer, City Development

Ward:

Ibbott

File:

F2014/141

4.2

Place – Sustainable Amenity and Built Environment

Previous Items Council on 7 July 2014 (Item 1.2 - Laane Avenue, Rosanna - Request for Traffic Management) Council on 29 July 2013 (Item 2.1 - Laane Avenue and Coorie Crescent, Rosanna Traffic Investigation) Council on 3 June 2013 (Item 1.1 - Laane Avenue and Coorie Crescent, Rosanna Traffic Investigation) Council on 4 June 2012 (Item 1.1 - Laane Avenue and Coorie Crescent, Rosanna Traffic Investigation) Council on 2 July 2012 (Item 2.1 - Laane Avenue and Coorie Crescent, Rosanna Traffic Concerns) EXECUTIVE SUMMARY A petition was received in July 2014 from residents of Laane Avenue and Coorie Crescent requesting Council to change traffic conditions along these streets. An independent investigation of traffic flows in Laane Avenue identified motorists using Laane Avenue as an alternate connection to Banyule Road during and outside of peak times. There is also a reasonable level of local traffic accessing the area via the right turn into Laane Avenue. The investigation also identified an opportunity to improve traffic signal efficiency at the intersection of Banyule Road and Rosanna Road. Providing greater efficiency at this intersection may reduce the instances of motorists using the local road network to avoid congestion at this location. Signal changes should be investigated, implemented and monitored to determine their effectiveness at reducing rat running in Laane Avenue before any further turn ban restrictions are considered. OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. CITY PLAN This report is in line with Council’s City Plan key direction to “maintain and improve Banyule as a great place to live”.

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LAANE AVENUE, ROSANNA - TRAFFIC INVESTIGATION cont’d

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BACKGROUND In July 2014, Council received a petition from residents of Laane Avenue and Coorie Crescent, Rosanna, requesting Council change traffic conditions along these streets. At its Meeting on 21 July 2014, Council considered an interim report regarding the petition, and resolved: “That Council: 1. 2.

3.

Receives and notes the petition. Undertake an investigation to determine where additional traffic calming measures are warranted in Laane Avenue and Coorie Crescent. At the conclusion of the investigation, a further report will be presented to Council for consideration. Advise the primary petitioner accordingly.”

In June 2012, residents of Laane Avenue and Coorie Crescent presented a petition requesting that Council consider a right turn ban for northbound traffic travelling along Rosanna Road into Laane Avenue, or the permanent closure of Laane Avenue at Rosanna Road. At its meeting on 4 July 2012, Council resolved to install a right turn ban (4pm to 6 pm Monday to Friday). The time restricted right turn ban has been in operation since 17 September 2012. In June 2013, residents of Laane Avenue and Coorie Crescent presented another petition requesting that Council investigate the possibilities of installing a physical device to permanently prohibit right turns into Laane Avenue from Rosanna Road. Following an investigation, Council at its meeting on 29 July 2013 resolved to extend the operating times of the right turn ban (to 4pm to 6:30pm Monday to Friday) and install additional signs at the intersection of Laane Avenue and Rosanna Road. No traffic management treatments in Lane Avenue were considered warranted at that time. INVESTIGATION Laane Avenue and Coorie Crescent are local streets. Laane Avenue is approximately 275m in length, and connects Rosanna Road and Coorie Crescent, Rosanna. There are two sections of Coorie Crescent; the northern section connecting Rosanna Road to Banyule Road and the southern section connecting Banyule Road to Greville Road. A locality plan highlighting Laane Avenue and Coorie Crescent is shown in Figure 1.

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LAANE AVENUE, ROSANNA - TRAFFIC INVESTIGATION cont’d

Figure 1 – Laane Avenue, Rosanna

Both streets are 6.3m wide. This width does not allow vehicles to be parked opposite one another and still provide 3m for through traffic. Speed and Volume Speed and volume data collected in June 2013 and May 2012 in Laane Avenue is included in Table 1. The average weekday traffic volume recorded in May 2012 was 773 vehicles per day. During a further survey in June 2013 this volume had dropped to 611 vehicles per day. This change in traffic volume over this period is attributed to the introduction of the Right Turn Ban into Laane Avenue from Rosanna Road in September 2012. Table 1 – Laane Avenue, Rosanna - Speed and Volume results Average Weekday Volume (vehicles per day) 85th Percentile Speed (km/h) Weekday Peak Evening Volumes (4pm-6pm*)

Direction Combined East West Combined East West Combined East West

25-Jun-13 611 282 329 55.4 57.6 55.4 87 42 45

14-Jun-13 595 288 308 51.5 52.6 50.8 78 38 40

30-May-12 773 468 305 50.2 49.7 51 174 48 126

*The operating times of the Right Turn Ban into Laane Avenue from Rosanna Road. This was introduced in September 2012.

Laane Avenue is classified under Council’s Road Hierarchy as a ‘local’ road. Such roads can expect traffic volumes of up to 2,000 vehicles per day. The above volumes are consistent with roads within the municipality of a similar classification, and are considered low and therefore acceptable for a local road.

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LAANE AVENUE, ROSANNA - TRAFFIC INVESTIGATION cont’d

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The 85th percentile speed (which is the speed at which 85% of vehicles travel at or below) was recorded at 55.4km/h in June 2013. Whilst this is higher than desirable, it is consistent with traffic speeds on most local roads. The survey data also indicated that the weekday evening peak volumes have significantly decreased following the installation of the right turn ban from Rosanna Road. Crash Statistics According to the VicRoads Crash Stats website, there have been no reported crashes in Laane Avenue in the five year period between July 2008 and June 2013. One crash occurred on Rosanna Road at Leon Avenue, to the south of Laane Avenue. Three crashes occurred at the intersection of Banyule Road and Coorie Crescent. Traffic Assessment and Origin Destination Survey Council commissioned an independent traffic assessment of traffic flows in Laane Avenue. This included an Origin-Destination (OD) survey of vehicles travelling from Rosanna Road to Banyule Road via Laane Avenue or St James Road (430m south of Laane Avenue). An OD survey determines the level of local traffic (i.e. vehicles accessing properties within the target area) and the level of rat-running (vehicles just passing through a target area and continuing to destinations outside the target area). The OD survey was undertaken on Tuesday 16 September 2014. Breakdowns of the observations are shown below. A total of 42 vehicles were recorded turning right from Rosanna Road into Laane Avenue between 3pm and 6pm. 

31 vehicles were observed to turn right into Laane Avenue from Rosanna Road between 3pm and 4pm, outside the operating times of the Right Turn ban. Of these vehicles: o 21 (68%) continued through to Banyule Road (i.e. rat-running traffic). o 10 (32%) accessed local destinations, including Laane Avenue, Coorie Crescent, and Finn Street.



11 vehicles were observed to turn right at Laane Avenue from Rosanna Road illegally during the operation of the right turn ban (4pm-6pm). Of these vehicles: o Six (55%) continued through to Banyule Road (i.e. rat-running traffic). o Five (45%) accessed local destinations, including Laane Avenue, Coorie Crescent, and Finn Street.

The survey results indicate Laane Avenue is still being used as an alternative connection through to Banyule Road. However, there has been a large decrease in rat-running traffic during the peak evening period from previous surveys.

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The investigation also identified an opportunity to improve traffic signal efficiency at the intersection of Banyule Road and Rosanna Road for the right turn movement from Rosanna Road into Banyule Road. Providing greater efficiency at this intersection may reduce the instances of motorists using the local road network to avoid congestion at this location. Signal improvements will also provide additional benefit for north bound traffic flow on Rosanna Road. At times, through lane traffic can be interrupted by queues of right turning traffic, causing further congestion. DISCUSSION The petition requested Council consider a number of improvements that could be used to improve safety and reduce traffic on Laane Avenue and Coorie Crescent. Installation of a Splitter Island at Laane Avenue and Coorie Crescent The petition requested consideration be given to the provision of a splitter island at the intersection of Laane Avenue and Coorie Crescent, to prevent vehicles from cutting the corner. Due to the width of Laane Avenue, there is insufficient width to provide a splitter island and still provide access to larger vehicles, including Council’s Waste Collection services. As such, the installation of a splitter island at this intersection is not supported. Improvements to the intersection of Banyule Road and Rosanna Road The investigation highlighted an opportunity to provide additional ‘green’ time to vehicles turning right onto Banyule Road from Rosanna Road during the PM peak period (from 3pm). The report advises that this alteration ‘may be sufficient in reducing the incidence of rat-running once drivers’ realise the improved capacity at Banyule Road / Rosanna Road’. These signal changes should be investigated, implemented and monitored to determine their effectiveness at reducing rat running in Laane Avenue before any further turn ban restrictions are considered. As VicRoads is the responsible authority for the traffic signals at the intersection, Council would need to consult VicRoads and seek approval regarding any changes to the signal timing. It is noted that a previous report to Council, dated 29 July 2013 made a similar recommendation for signal improvements to be considered during the PM peak (4 to 6pm). VicRoads assessed this request but concluded that there were no signal timing improvements that could be made. It is considered appropriate to repeat this request for signal improvement to VicRoads in light of the recent traffic report and intersection analysis that recommends additional efficiencies are achievable. These signal efficiencies should be considered from 3pm onwards.

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LAANE AVENUE, ROSANNA - TRAFFIC INVESTIGATION cont’d


Place – Sustainable Amenity and Built Environment

LAANE AVENUE, ROSANNA - TRAFFIC INVESTIGATION cont’d

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Permanent Right Turn Ban into Laane Avenue The OD survey highlighted that vehicles are using Laane Avenue as an alternate connection to Banyule Road during and outside of peak times. However, there is a reasonable level of local traffic accessing the area (32-45%) via the right turn into Laane Avenue. Any permanent turn ban or partial closure of Laane Avenue at Rosanna Road would reduce accessibility to residential properties and should only be considered if other proposed measures do not improve the current situation. Installation of traffic calming to reduce vehicle speeds along Laane Avenue The investigation report identified that speed humps could be considered to reduce the likelihood of rat-running along Laane Avenue. Council has a Local Area Traffic Management (LATM) Strategy that provides annual funding for the installation of traffic calming devices in roads throughout the municipality. This strategy considers a number of factors when assessing and prioritising roads on the need for traffic calming measures. This includes the reported crash history along the road (i.e. vehicle crashes that are reported to Victoria Police), traffic speeds, traffic volumes, and other risk factors including proximity to schools, shops, recreational facilities and playgrounds. In consideration of Councils LATM Strategy, the above information and the most recent vehicle speed and volume data, Laane Avenue does not warrant the installation of traffic calming devices at this time. Given the recorded 85th percentile speed along Laane Avenue is higher than desirable; this location will be included in Councils Speed Awareness Monitoring (speed trailer) program to further reinforce speed limits. CONCLUSION The investigation highlighted that vehicles are using Laane Avenue as an alternate connection to Banyule Road during and outside of peak times. There is also reasonable level of local traffic accessing the area via the right turn into Laane Avenue There is an opportunity to provide additional ‘green’ time to vehicles turning right onto Banyule Road from Rosanna Road which may reduce the occurrence of rat-running by drivers seeking to avoid congestion issues at the intersection of Banyule Road and Rosanna Road. These signal changes should be investigated, implemented and monitored to determine their effectiveness at reducing rat running in Laane Avenue before any further turn ban restrictions are considered. Laane Avenue does not currently warrant consideration for traffic calming measures at this time.

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LAANE AVENUE, ROSANNA - TRAFFIC INVESTIGATION cont’d RECOMMENDATION

1.

Write to VicRoads requesting a review of the signal phasing at Banyule Road and Rosanna Road with the view of providing addition ‘green time’ to vehicles entering / exiting Banyule Road from Rosanna Road during the PM peak (3pm onwards).

2.

Receive a report on the results of an Origin/Destination survey of vehicles using Laane Avenue, conducted six months after the implementation of traffic signal timing changes.

3.

Advise the primary petitioner of this resolution.

ATTACHMENTS Nil

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4.2

That Council:


4.3

MONTMORENCY RAILWAY STATION ADDITIONAL CAR PARKING

Author:

Sanjev Sivananthanayagam - Transport Engineer, City Development

Ward:

Hawdon & Beale

File:

F2014/141

Previous Items Council on 23 June 2014 (Item 8.4 - Montmorency Railway Station - Car Parking) EXECUTIVE SUMMARY This report provides an update on the assessment of additional car parking opportunities near Montmorency Railway Station. Council has written to the Secretary of the Department of Transport, Planning and Local Infrastructure requesting support and action to increase the amount of commuter parking available at Montmorency Railway Station. A further report on this matter will be prepared in the near future. OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. CITY PLAN This report is in line with Council’s City Plan key direction to “strengthen local activity and employment areas”. BACKGROUND Council at its meeting of 23 June 2014 considered a Notice of Motion in relation to opportunities to provide additional parking near Montmorency Railway Station and resolved: “That Council: 1.

Investigate options to create additional parking in Station Road and Mayona Road in the vicinity of Montmorency Railway Station, including vacant land on the corner of Mountain View Road and Mayona Road, in a cost effective manner.

2.

Write to the railway authority VicTrack and the Department of Transport, Planning and Local Infrastructure seeking funding opportunities for options identified as above.”

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Place – Sustainable Amenity and Built Environment


Place – Sustainable Amenity and Built Environment

MONTMORENCY RAILWAY STATION - ADDITIONAL CAR PARKING cont’d Locality Plan

4.3

A locality plan for the subject locations is provided in Figure 1.

Figure 1 – Locality Plan

DISCUSSION Public Transport patronage is growing steadily across Banyule with a 24% increase in travel to work patronage between 2006 and 2011. Train travel accounted for 80% of these public transport trips originating in Banyule. The increase in train patronage has far outstripped the increase in car use for trips from Banyule. In the same period private car use has only increased by 3%. Approximately 49% of people accessing Montmorency Railway Station arrive by car. Like many railway stations across Banyule, the Montmorency station car park, which has 96 spaces, reaches capacity by 7:15am on most mornings, at which point commuters begin to park in the adjacent local road network. While it is recognised that not all transport journeys can be made using public transport, an increased provision of car parking at railway stations and bus interchanges would encourage greater use of public transport for at least part of these trips. It is considered the responsibility of the State Government to fund initiatives that promote greater public transport usage, including the provision of car parking at railway stations. CONCLUSION A letter has been sent to the Secretary of the Department of Transport, Planning and Local Infrastructure requesting support and action to increase the provision of commuter parking at the Montmorency Railway Station, which is located on the Hurstbridge Line. A plan showing the location of possible car park sites (Figure 2) was also included.

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MONTMORENCY RAILWAY STATION - ADDITIONAL CAR PARKING cont’d

Figure 2 – Possible car parking locations

The provision of additional car parking at the proposed locations would be relatively easy to deliver, well utilised and serve to encourage more people to use public transport. A further report will be prepared when a response is received from the Department of Transport, Planning and Local Infrastructure regarding this initiative. RECOMMENDATION That Council liaise with The Department of Transport Planning and Local Infrastructure to pursue additional car parking opportunities near Montmorency Railway Station and receive a further report upon development of these discussions. ATTACHMENTS Nil

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4.4

JULINDA COURT, GREENSBOROUGH PROPOSED DISCONTINUANCE OF UNUSED 'ROAD'

Author:

Lorraine James - Property Officer, City Development

Ward:

Bakewell

File:

F2014/428

Previous Items Council on 7 July 2014 (Item 4.10 - Julinda Court, Greensborough - Proposed discontinuance of section of unused 'road') Council on 6 October 2014 (Item 4.6 - Julinda Court Greensborough - Proposed Discontinuance of Unused 'Road' - Hearing of Submissions) EXECUTIVE SUMMARY A section of Julinda Court, Greensborough, being the unused ‘road’ between 30 and 34 Paterson Crescent, Greensborough (unused ‘road’) has never been constructed as a ‘road’. The unused ‘road’ functions as an overland flow path for stormwater during large rainfall events and has the potential as an important dedicated walking/cycling link between off-road shared trail infrastructure and the Greensborough Activity Centre. The purpose of this report is for Council to determine whether or not to proceed with the discontinuance of the unused ‘road’ and retain the resultant land for municipal purposes. The discontinuance or removal of ‘road’ status requires Council to form the view that the unused ‘road’ is no longer reasonably required as a ‘road’ for public use. In forming that view, Council must, in accordance with section 207A(a) and 223 of the Local Government Act 1989, give public notice of its intention to discontinue or remove ‘road’ status and retain for municipal purposes. The giving of public notice provides the opportunity for members of the public to make a written submission in relation to the proposal. Council, at its Ordinary Meeting of 7 July 2014 (Item CO2014/203), directed that the statutory procedures be commenced. Public notice was given in the “Diamond Valley Leader” on 30 July 2014, inviting submissions from the public. The submission period closed 27 August 2014. One written submission was received which included a request to be heard before a meeting of Council. At Council’s Ordinary Meeting of 6 October 2014, it was recorded that the written submission was considered but the submitter failed to appear before Council to be heard. The proposal to discontinue the unused ‘road’ and retain the resultant land for municipal purposes has been considered having regard to current and potential future uses. The unused ‘road’ does not portray the physical characteristics of a road and is not used by the public as a means of vehicular access. Therefore there would appear to be no impediment to Council forming the view that the unused ‘road’ is no longer reasonably required as a ‘road’ for public use.

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JULINDA COURT, GREENSBOROUGH - PROPOSED DISCONTINUANCE OF UNUSED 'ROAD' cont’d

4.4

OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. CITY PLAN This report is in line with Council’s City Plan key direction to “enhance Banyule’s public and open spaces”. HUMAN RIGHTS CHARTER In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted, or interfered with, by the recommendations contained in this report. Section 20 provides that “A person must not be deprived of his or her property other than in accordance with law”. It is considered that the subject matter does not raise any human rights issues. The power to discontinue a ‘road’ is conferred on Council pursuant to Section 206 and Clause 3 of Schedule 10 of the Local Government Act 1989 (Act). Section 207A of the Act provides that a person may make a submission in respect of a proposal to discontinue a ‘road’. BACKGROUND A section of Julinda Court, Greensborough, being the unused ‘road’ between 30 and 34 Paterson Crescent, Greensborough (unused ‘road’) has never been constructed as a ‘road’. The unused ‘road’ extends east from Paterson Crescent to the Plenty River as delineated in Figure 1. The unused ‘road’ is currently listed as RW452 in Council’s Road Register and is recorded as unformed.

Figure 1: Location of Unused ‘Road’

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Council at its Ordinary Meeting of 7 July 2014 (Item CO2014/203) considered a report in relation to the proposal to discontinue the unused ‘road’ and retain the resultant land for municipal purposes and directed that the statutory procedures be commenced. Public notice was given in the “Diamond Valley Leader” on 30 July 2014, inviting submissions from the public. The submission period closed 27 August 2014. One written submission was received which included a request to be heard before a meeting of Council. The submitter was invited to attend Council’s Ordinary <eeting of 6 October 2014 to be heard in support of the written submission received. At Council’s Ordinary meeting of 6 October 2014, it was recorded that the written submission was considered but the submitter failed to appear before Council to be heard. The submission received raised a request to purchase the land. TECHNICAL CONSIDERATION Council engineers advise that the unused ‘road’ is an overland path for stormwater flows in significant rainfall events, i.e. 1 in 100 year storm events. The unused ‘road’ needs to be kept clear of structures and obstructions that will impede the overland flow of stormwater and to avoid a deviation of the flow path. Therefore, an easement is required to be created in favour of Banyule City Council for drainage purposes over the whole of the unused ‘road’. Consultation with the relevant service authorities reveals that there are multiple assets contained within or in the vicinity of the unused ‘road’, namely:  

Telstra Corporation Limited - Cabling; Yarra Valley Water Ltd - 225mm and 150mm diameter sewers.

EASEMENT RIGHTS Telstra Corporation Limited Telstra Corporation Limited (Telstra) advises that existing assets do not require relocation. However, these assets comprise an essential component of the Telstra network and Telstra’s rights and requirements are as follows: (1)

Telstra’s existing facilities are grandfathered under the Telecommunications Act 1997 (Cwlth). This enables such facilities to legally occupy land in perpetuity for the duration of that facilities use.

(2)

Part 1 of Schedule 3 of the Telecommunications Act 1997 authorises a carrier to enter land and exercise any of the following powers:  Inspect the land;  Install a facility;  Maintain a facility.

In order to satisfy Council’s Engineers and Service authority’s requirements, easement rights will be created in a plan of subdivision in favour of Yarra Valley Water Ltd for water supply purposes and Banyule City Council for drainage purposes over the whole of the unused ‘road’, shown as E1 on the plan in Figure 2.

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JULINDA COURT, GREENSBOROUGH - PROPOSED DISCONTINUANCE OF UNUSED 'ROAD' cont’d


Place – Sustainable Amenity and Built Environment

4.4

JULINDA COURT, GREENSBOROUGH - PROPOSED DISCONTINUANCE OF UNUSED 'ROAD' cont’d

Figure 2: Proposed Easements

PLANNING CONSIDERATIONS The Banyule Planning Scheme governs the use and development in the municipality and Banyule City Council is the responsible authority administering the scheme. Under the planning scheme, part of the unused ‘road’ to the west of Plenty River Trail is included in the Neighbourhood Residential Zone Schedule 3 (NRZ3) and part of the unused ‘road’ from the Plenty River Trail to the Plenty River is included in the Public Conservation and Resource (PCRZ) zone.

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JULINDA COURT, GREENSBOROUGH - PROPOSED DISCONTINUANCE OF UNUSED 'ROAD' cont’d The land in the unused ‘road’ is also affected by Schedule 1 to the Environmental Significance overlay (ESO1) and Land Subject to Inundation overlay (LSIO) overlay controls.

4.4

Banyule’s Residential Neighbourhood Character Policy at Clause 22.02 of the Banyule Planning Scheme includes the area within its Garden Suburban (GS1) precinct. Council’s Strategic Planning Coordinator advises that there are no strategic planning concerns. The Development Planning Department advises that a planning permit is required to use or develop the land in the unused ‘road’. ENVIRONMENTAL CONSIDERATIONS Council’s Environmental Officer advises there are two Eucalyptus species at the eastern end of the unused ‘road’ that should be preserved. The proposal to discontinue the unused ‘road’ and retain the resultant land for municipal purposes will have no effect on the existing vegetation. CURRENT SITUATION The submission received raised a request to purchase part of the unused ‘road’. However, the unused ‘road’ is required and functions as an overland flow path for stormwater during large rainfall events and has the potential as an important dedicated walking/cycling link between off-road shared trail infrastructure and the Greensborough Activity Centre. The flooding conditions of the unused ‘road’ and land in the vicinity are well understood by Council’s Drainage Engineers, and soon to be recognised with the introduction of a flooding Special Building Overlay control in the Banyule Planning Scheme over part or whole of the unused ‘road’ and adjacent properties. The land from the unused ‘road’ cannot be offered for sale to the owner of 30 Paterson Crescent unless and until public notice of Council’s intention to sell has been given and any submissions to that proposal have been considered. It would also require the consent of relevant service authorities who have already indicated that they would object to the sale of the resultant land. The unused ‘road is regularly mowed by Council’s Parks Department in order to maintain and direct the stormwater flow path.

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JULINDA COURT, GREENSBOROUGH - PROPOSED DISCONTINUANCE OF UNUSED 'ROAD' cont’d

Figure 2: Physical Characteristics of the Unused ‘Road’

The unused ‘road’ does not portray the physical characteristics of a ‘road’ as shown in the photographs in Figure 2 above. There is a set of the double gates within the side fence of 36 Paterson Crescent, Greensborough, which show little evidence of being used. See the photographs in Figure 3 below.

Figure 3: Double Gates within the Side Fence of 36 Paterson Crescent

LEGAL CONSIDERATION Section 206 and Clause 3 of Schedule 10 of the Local Government Act 1989 gives Council the power to discontinue and remove ‘road’ status from roads no longer reasonably required for public use. Sections 207A(a) and 223 of that Act provides that Council must give public notice and invite submissions from the public before exercising such power. At its Ordinary Meeting of 7 July 2014 (Item CO2014/203), Council directed that the statutory procedures be commenced to give public notice of its intention to discontinue the unused ‘road’ and retain the land.

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Public notice was given in the “Diamond Valley Leader” on 30 July 2014, inviting submissions from the public. The submission period closed 27 August 2014. One written submission was received which included a request to be heard before a meeting of Council. The submitter was invited to attend Council’s Ordinary meeting of 6 October 2014 to be heard in support of the written submission received. At Council’s Meeting of 6 October 2014 it was noted that the submission was received and considered but the submitter failed to appear before Council to be heard. In order to complete the statutory procedures Council must now direct by resolution that the unused ‘road’ be discontinued and, upon publication of the resolution in the Victoria Government Gazette, the unused ‘road’ will be discontinued and vest in Council’s name for municipal purposes. CONCLUSION The discontinuance or removal of ‘road’ status requires Council to form the view that the unused ‘road’ is no longer reasonably required as a ‘road’ for public use. Council, in accordance with section 207A(a) and 223 of the Act, gave public notice of its intention to discontinue or remove the ‘road’ status, invited submissions from the public and considered all submissions received. In this instance, one submission was received including a request to be heard before Council. The submitter was invited to be heard at the Ordinary Meeting of 6 October 2014 but failed to appear. The proposal to discontinue the unused ‘road’ and vest the land in Council’s name for municipal purposes has been considered having regard to current and potential future uses. The unused ‘road’ does not portray the physical characteristics of a road and is not used by the public as a means of vehicular access. The unused ‘road’ is required as an overland flow path for stormwater and a pedestrian link to the Plenty River Trail and is maintained by Council. The land from the unused ‘road’ cannot be offered for sale to the owner of 30 Paterson Crescent unless and until public notice of Council’s intention to sell has been given and any submissions to that proposal have been considered. It would also require the consent of relevant service authorities who have already indicated that they would object to the sale of the resultant land. Having considered responses received, there appears to be no impediment to Council forming the view that the unused ‘road’ is no longer reasonably required as a ‘road’ for public use. Accordingly, the proposal to discontinue the unused ‘road’ and vest the land in Council’s name, for municipal purposes, should be supported. RECOMMENDATION That Council: 1.

In accordance with sections 207A(a) and 223 of the Local Government Act 1989, having given notice of Council’s intention to discontinue the section of Julinda Court, Greensborough, between 30 and 34 Paterson Crescent (unused ‘road’) and having considered the written submission at its Ordinary Meeting of 6 October 2014, forms the view that the unused ‘road’ is no longer reasonably required as a ‘road’ for public use for the following reasons:

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JULINDA COURT, GREENSBOROUGH - PROPOSED DISCONTINUANCE OF UNUSED 'ROAD' cont’d a)

4.4

b)

the unused ‘road’ is not currently used by the public as a means of vehicular access; and the unused ‘road’ is currently maintained by Council as an overland flow path for stormwater and a pedestrian link to the Plenty River Trail.

2.

Notifies the submitter of the decision and the reasons for the decision.

3.

Directs that the unused ‘road’ be discontinued and the land vest in Council for municipal purposes.

4.

Authorises the publication of its resolution in Victoria Government Gazette.

5.

Acknowledges that upon publication of the resolution in the Victoria Government Gazette the unused ‘road’ is discontinued and the land thereafter vests in Council for municipal purposes.

6.

Authorises the amendment of Council’s Road Register to reflect the discontinuance of the section of ‘road’, following publication of the resolution in the Victoria Government Gazette.

ATTACHMENTS Nil

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4.5

CYRIL CUMMINS RESERVE INDOOR HOCKEY FEASIBILITY STUDY

Author:

Ben McManus - Coordinator Leisure & Cultural Services, Community Programs

Ward:

Olympia

File:

BS14/070/020

EXECUTIVE SUMMARY The Cyril Cummins Indoor Hockey Feasibility Study was undertaken to determine the demand for a regional indoor hockey facility and confirm if Cyril Cummins Reserve (home of the Yarra Valley Hockey Club) was an appropriate site for such a facility. The feasibility study was jointly funded by Sport and Recreation Victoria (SRV) and Council. The study suggests there is demand for a regional indoor hockey facility however the site cannot meet the preferred facility dimensions required of a regional indoor hockey facility. An alternative site layout plan has been prepared however it should be noted that the alternative site layout will displace existing tenants at Cyril Cummings Reserve and has a cost estimate of $7.1Million. A requirement of the SRV funding is that the draft feasibility study be considered by Council prior to finalising the project and claiming the final funding allocation. During the preparation of the feasibility study, the life of the existing outdoor pitch was considered. The main pitch is due for renewal within the next three years and the cost of this renewal work is estimated at $600,000. Maintenance and renewal is the Yarra Valley Hockey Club’s (YVHC) responsibility under the current lease agreement with Council. Earlier this year, tree roots have also begun to emerge under the main hockey pitch which has resulted in a risk for users. An allocation of $20,000 is included in the 2014/15 capital works budget to mitigate the risk. Further assessments have been conducted which confirm the short term repair cost is approximately $35,000, therefore a further $15,000 is required to complete this repair. The feasibility study confirms a regional indoor hockey facility that meets Hocky Victoria’s preferred number of indoor courts can not be accommodated at Cyril Cummins Reserve. The study also confirmed that an alternative site layout plan will displace existing tenants at Cyril Cummings Reserve if it were to be implemented. This report requests consideration that no further planning work be undertaken in relation to the development of indoor hockey pitches at Cyril Comings Reserve at this stage, as further works would be needed regarding site constraints and funding partners. Funding acquittal for the Cyril Cummins Indoor Hockey Feasibility Study should be undertaken with SRV for this project. This report recommends that the focus for Council and the YVHC should be on maintaining and renewing the existing assets at the Reserve.

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Place – Sustainable Amenity and Built Environment


Place – Sustainable Amenity and Built Environment

CYRIL CUMMINS RESERVE INDOOR HOCKEY FEASIBILITY STUDY cont’d

4.5

OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. CITY PLAN This report is in line with Council’s City Plan key direction to “enhance Banyule’s public and open spaces”. BACKGROUND The Yarra Valley Hockey Club (YVHC) approached Council in 2010 with a concept to develop an Indoor Hockey Facility at Cyril Cummins Reserve. The YVHC suggested the income generated from the indoor hockey facility could fund a second outdoor pitch at Cyril Cummins Reserve, which was identified in the original master plan for the site back in 2001. In 2011, Council successfully applied to SRV for $30,000 to undertake a Feasibility Study to determine the demand for a regional Indoor Hockey Facility in Victoria and to confirm if Cyril Cummins Reserve was an appropriate site for such a facility. In the 2012/2013 Council allocated $30,000 matched by SRV to fund the study. SRV reviewed their initial funding offered for the project and determined that their contribution would be split into two separate amounts and that their final $15,000 would only be funded if a demand for Indoor Hockey was clearly identified and Council committed to the development of the indoor facility. Locality Plan

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Place – Sustainable Amenity and Built Environment

CYRIL CUMMINS RESERVE INDOOR HOCKEY FEASIBILITY STUDY cont’d

A Key Stakeholder Reference Group was established to guide the study. The reference group consisted of tenants of the Cyril Cummins Reserve, a Hockey Victoria Representative, a Darebin Council officer and Banyule Council officers. HUMAN RIGHTS CHARTER In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in this report. It is considered that the subject matter does not raise any human rights issues. CURRENT SITUATION Council commissioned @Leisure Planners who commenced the study in January 2013 and presented their final draft report in May 2014. Demand for indoor hockey was identified and various site options were considered at Cyril Cummins Reserve. The preferred facility for a regional indoor hockey facility includes: 1. 2. 3.

Three (3) “full size” indoor hockey courts Viewing for up to 250 people A pavilion with change rooms, referee and officials support facilities, canteen and hireable meeting space

The current site does not allow for the provision of three (3) indoor courts as well as a future second outdoor pitch. Other Cyril Cummins Reserve tenants, Hi City Nursery and St James Tennis Club, would be displaced in this situation. The study recommends a two (2) court indoor pitch facility to allow for a second outdoor pitch in the future. St James Tennis Club would still be displaced in this situation. Hi City Nursery would also be displaced if a second outdoor pitch was constructed in the future. Hockey Victoria prefers a three (3) court facility and SRV officers have indicated they are not funding further planning stages for this project at this stage, but require the project be considered by Council to meet grant funding acquittal guidelines. The YVHC view is that to build a three (3) court indoor facility is achievable and have suggested that any parking issues created by the development on Cyril Cummins Reserve could be accommodated by additional car parking at Parks Depot and also nearby at Ford Park. This is not supported by officers or the consultants. TECHNICAL CONSIDERATION During the feasibility study process the main outdoor pitch condition was reviewed. Since early 2014, the main pitch has presented issues with tree roots surfacing causing ripples in one corner which present a risk to players. Council allocated $20,000 in the 2014/2015 budget to address this issue.

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ADVOCACY


Place – Sustainable Amenity and Built Environment

4.5

CYRIL CUMMINS RESERVE INDOOR HOCKEY FEASIBILITY STUDY cont’d Further investigation by qualified suppliers have identified there are potential issues with the relaying of the surface once disturbed. Revised cost estimates indicate $35,000 would be required to mitigate the current risk; however the consultants have indicated that this approach will only address the risk in the short term and there is a likelihood the issue will occur again in the medium to long term. It is recommended that annual inspections are undertaken. Consultants have also provided advice in relation to the existing pitch renewal and have indicated there are three (3) years left of playability on the current surface. Under the Lease agreement between YVHC and Council, the YVHC are responsible for the maintenance and renewal of the main pitch. YVHC borrowed $200,000 as part of their contribution to the hockey pavilion project in 2002. The club have almost paid off this debt and have acknowledged they are responsible for the maintenance and renewal of the main pitch. However funding this project may require Council as part funder or acting as guarantor on a future loan. FUNDING IMPLICATIONS The estimated probable cost for a two (2) court Indoor Hockey facility including car parking, landscaping and building area is approximately $7.1Million. A full replacement of the main pitch has been estimated at a cost of approximately $600,000. Further detailed costings will be required. CONSULTATION @Leisure Planners undertook consultation throughout the study with all existing users of the site, internal Banyule officer stakeholders and the key reference group. CONCLUSION The Cyril Cummins Indoor Hockey Feasibility Study recommends a two (2) court facility is possible on site for $7.1M which officers do not support, due to site constraints. There are immediate risks with the existing pitch which need to be addressed in the short term for $35,000 and the full pitch renewal costs are estimated at $600,000. RECOMMENDATION That Council: 1.

Note the draft Cyril Cummins Indoor Hockey Feasibility Study and acknowledge the site layout plan included in the Study will displace existing tenants at Cyril Cummins Reserve.

2.

Acknowledge no further planning will be undertaken for indoor hockey pitches at Cyril Cummings Reserve at this stage, due to site constraints and no commitment from funding partners.

3.

Complete the final funding acquittal with the Victorian State Government for this project.

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Place – Sustainable Amenity and Built Environment

4.

Support a budget variation of $15,000 within the current 2014/15 capital works budget to address the immediate risk issues on the existing outdoor pitch caused by tree root invasion.

5.

Conduct further discussion with the Yarra Valley Hockey Club Incorporated to confirm their capacity to renew the existing outdoor pitch within a three (3) year timeframe.

4.5

CYRIL CUMMINS RESERVE INDOOR HOCKEY FEASIBILITY STUDY cont’d

ATTACHMENTS No.

Title

1

Cyril Cummins Indoor Hockey Feasibility Study

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4.6

OLYMPIC PARK INLINE SPEED SKATE TRACK FEASIBILITY STUDY

Author:

Ben McManus - Coordinator Leisure & Cultural Services, Community Programs

Ward:

Olympia

File:

BS36/005/031

EXECUTIVE SUMMARY A draft feasibility study for an InLine Speed Skate Track at Olympic Park has been completed. The feasibility study was jointly funded by Council, Skate Victoria and Sport and Recreation Victoria (SRV). The total cost of the proposed works identified within the feasibility study is $5.45 million. The proposal did not receive support from all stakeholders within the Olympic Park precinct. Officers are suggesting a higher level master plan be prepared for Olympic Park that will consider the current and future needs of all stakeholder’s, identify opportunities for multi-use and also identify a priority works plan for further consideration by Council. A requirement of the SRV funding is that the draft feasibility study for an InLine Speed Skate Track at Olympic Park be considered by Council prior to finalising the project and claiming the final funding allocation from Sport and Recreation Victoria. OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. CITY PLAN This report is in line with Council’s City Plan key direction to “enhance Banyule’s public and open spaces”. BACKGROUND Council undertook a feasibility study to determine the viability of developing an InLine Speed Skate Track over the disused athletics track at Olympic Park in Heidelberg West. In November 2011, Simply Great Leisure Consulting Group was commissioned to undertake the study. The project was jointly funded by Skate Victoria ($10,000), Banyule City Council ($5,000) and Sport and Recreation Victoria via the Community Facilities Funding Program ($15,000). All park tenants were consulted during the feasibility preparation process. A draft feasibility report was presented to officers in January 2013. The initial recommendation was that an InLine Speed Skate Track could be constructed at Olympic Park without impacting on any of the current tenants use.

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Place – Sustainable Amenity and Built Environment

OLYMPIC PARK INLINE SPEED SKATE TRACK FEASIBILITY STUDY cont’d

The feasibility study proposed the project to be undertaken in three stages: 1.

Stage One proposed installation of an asphalt InLine Speed Skate Track as well as works to the Western end of Kelly Pavilion for Skate Victoria’s operations. STAGE ONE PROPOSED WORKS Site preparation, external works, contingency fees Installation of Asphalt In Line Speed Skate Track Installation of general skate area First Stage Kelly Pavilion Entrance and Car Park Works TOTAL

2.

Stage Two proposed development of the HUSC VIP area and under croft to accommodate change rooms and media facilities used by Skate Vic and HUSC. STAGE TWO PROPOSED WORKS VIP area and Under croft Development TOTAL

3.

COST $ $322,000 $380,000 $52,500 $279,000 $235,510 $1,269,010

COST $ $2,845,000 $2,845,000

Stage Three proposed redevelopment of the Kelly Pavilion including multipurpose community meeting spaces. STAGE THREE PROPOSED WORKS Redevelopment Kelly Pavilion Landscape & other works TOTAL

COST $ $1,205,000 $125,356 $1,330,356

In mid-2013 officers applied for state funding for the construction of the InLine Speed Skate Track as identified in Stage One of the Feasibility Study. The project was well received by SRV and Council was invited to full application stage. The Heidelberg United Soccer Club (HUSC) Executive Committee underwent a change in its membership during this time. The new committee was concerned the proposed project would negatively impact on the clubs use of the facilities at Olympic Park into the future. HUSC did not support the part staged approach therefore the funding application to SRV was unsuccessful. At the same time, the HUSC also were successful in joining the new National Premier League Victoria changing their status for soccer within the community. The HUSC are now a pathway club for other soccer team’s in the Banyule and surrounding areas. This change in status also created uncertainty in terms of HUSC use of Olympic Park following the completion of this study.

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4.6

An InLine Speed Skate Track would be the first of its kind in Australia and the proposal was consistent with the Recreation Plan 2013-2017 Strategic Focus to Support and Provide Sport and Recreation opportunities for our diverse communities.


Place – Sustainable Amenity and Built Environment

OLYMPIC PARK INLINE SPEED SKATE TRACK FEASIBILITY STUDY cont’d

4.6

Locality Plan

ADVOCACY Consultants acting on behalf of Council engaged representatives from Skate Victoria, Football Federation Victoria through the process. Officers tabled the study with Sport and Recreation Victoria officers for feedback and input into the final draft report. HUMAN RIGHTS CHARTER In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in this report. It is considered that the subject matter does not raise any human rights issues. CURRENT SITUATION To work through the challenges identified by HUSC, in late 2013 and early 2014, officers along with Cr Craig Langdon met with the HUSC and representatives from Skate Victoria and SRV; however the HUSC’s position remains the same. Officers discussed options with all stakeholders and suggested a higher level master plan be prepared for Olympic Park. This master plan would consider the current and future needs of all stakeholders’, the outcomes of the InLine Speed Skate Track feasibility study, identify opportunities for multi-use and also identify a priority works plan for further consideration by Council. It would also consider the impacts of the Northland Structure Plan and Darebin Creek Master Plan on the precinct ensuring the integration of all studies.

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The proposed Olympic Park Master Plan project is listed in Council’s 10 Year Capital Works Plan for in 2015/2016 for $50,000, and will be considered during budget deliberations. Both the HUSC and Skate Victoria are supportive of the preparation of an Olympic Park Master Plan. CONSULTATION

4.6

OLYMPIC PARK INLINE SPEED SKATE TRACK FEASIBILITY STUDY cont’d

A consultation process was undertaken as part of the feasibility study. CONCLUSION The concept of developing an InLine Speed Skate Track at Olympic Park is unique and should be given further consideration. A sound consultation process was followed during the preparation of the draft feasibility study however the HUSC changed their position in relation to this project due to a change at the club’s executive level and a change in their status as a pathway club for the region. A requirement of the SRV funding is that the draft feasibility study for an InLine Speed Skate Track at Olympic Park must be considered by Council prior to finalising the project and claiming the final funding from SRV for the planning component of the project. RECOMMENDATION That Council: 1.

Note the attached draft InLine Speed Skate Track Feasibility Study.

2.

Refer funding for the preparation of an Olympic Park Master Plan to the 2015/16 budget process for future consideration.

3.

Request officers to complete the final funding acquittal with the Victorian State Government for InLine Speed Skate Track Feasibility Study.

ATTACHMENTS No.

Title

1

Olympic Park Inline Skate Feasibility Study

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6.1

55-59, 61 AND 63 MAIN STREET, GREENSBOROUGH - HEARING SUBMISSIONS FOLLOWING NOTICE OF INTENTION TO SELL

Author:

Jeanette Kringle - Property Co-ordinator, City Development

Ward:

Bakewell

File:

F2014/1936,1937,1938

Previous Items Council on 7 July 2014 (Item 11.2 - GREENSBOROUGH PROJECT COMMERCIAL LAND OPPORTUNITIES AND SALES) EXECUTIVE SUMMARY At its Ordinary Meeting of Council on 7 July 2014, Council authorised the commencement of the statutory procedures to give public notice of its intention to sell the Council owned land and buildings known as 55-59, 61 and 63 Main Street, Greensborough, in accordance with section 189 of the Local Government Act 1989 (Act). Public notice was given in the “Diamond Valley Leader’ on 20 August 2014, with submissions on the proposal invited in accordance with section 223 of the Act. The purpose of this report is for Council to consider any written submissions received and hear from submitters who have made a written request to be heard before a meeting of the Council. The submission period closed at 5:00pm on 16 September 2014. No submissions were received. OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. CITY PLAN This report is in line with Council’s City Plan key direction to “plan and manage the systems and assets that support Council’s service delivery”. HUMAN RIGHTS CHARTER In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in this report. Section 20 provides that “A person must not be deprived of his or her property other than in accordance with law”.

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Performance - Use Our Resources Wisely


Performance - Use Our Resources Wisely

6.1

55-59, 61 AND 63 MAIN STREET GREENSBOROUGH - HEARING SUBMISSIONS FOLLOWING NOTICE OF INTENTION TO SELL cont’d It is considered that the subject matter does not raise any human rights issues. Council has the legislative power to sell land owned or vested in Council’s name. Section 223 of the Local Government Act 1989 (Act) provides that a person may make a submission in respect of a proposal by Council to sell land. BACKGROUND In 2006 Council entered into a Development Agreement with Lend Lease and Consolidated Properties, trading as Greensborough and Partners Pty Ltd, to undertake the GreenEdge Project. This project involved the redevelopment of the Greensborough Principal Activity Centre. The first stage of the project included redevelopment of land predominantly owned by Council and also included the redevelopment of some privately owned land. In order to facilitate the redevelopment of privately owned land Council sought and obtained approval from the Minister for Planning for the application of the Public Acquisition Overlay (PAO) control over certain parcels of land in Main Street Greensborough, namely 55-59, 61, 63 and 66 Main Street. Council compulsorily acquired these properties in December 2007 to provide a new entrance to the Greensborough Plaza on the west side of Main Street immediately opposite the Greensborough Walk. The property at 66 Main Street was sold as part of the redevelopment adjacent to the Greensborough Walk on the east of Main Street. The properties, the subject of this report, are shown highlighted on the plan in Figure 1 below.

Figure 1: Title Configuration

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Performance - Use Our Resources Wisely

55-59, 61 AND 63 MAIN STREET GREENSBOROUGH - HEARING SUBMISSIONS FOLLOWING NOTICE OF INTENTION TO SELL cont’d

At its Ordinary Meeting of Council on 7 July 2014 (C2014/215), Council authorised the commencement of the statutory procedures to give public notice of its intention to sell the Council owned land and buildings known as 55-59, 61 and 63 Main Street, Greensborough (subject land) in accordance with section 189 of the Act. LEGAL CONSIDERATION Section 189 of the Act confers on Council the power to sell land. Section 223 of the Act provides that Council must give public notice and invite submissions from the public before exercising such power. Public notice of Council’s intention to sell the subject land was given in the “Diamond Valley Leader’ on 20 August 2014, with submissions on the proposal invited. The submission period closed at 5:00 pm on 16 September 2014. No submissions were received. DISCUSSION The giving of public notice does not compel Council to sell the subject land. Council is merely complying with its statutory obligations under the Act to give public notice on the proposal. CONCLUSION The purpose of this report is for Council to consider any written submissions received and hear from submitters who have made a written request to be heard before a meeting of the Council. No submissions were received, so it is appropriate for Council to consider whether or not to sell the subject land at a future Council meeting. RECOMMENDATION That Council: 1.

Records that there were no submissions to be considered or heard in response to the public notice given pursuant to Section 223 of the Local Government Act 1989 of Council’s intention to sell the Council-owned land and buildings known as 55-59, 61 and 63 Main Street, Greensborough (subject land).

2.

Determine whether or not to proceed with the sale of the subject land at its Ordinary Meeting of 10 November 2014.

ATTACHMENTS Nil

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6.1

Lend Lease no longer owns Greensborough Plaza and the new owner of Greensborough Plaza indicated that it is not currently interested in acquiring the properties from Council for redevelopment purposes.


6.2

ANNUAL REPORT 2013-2014

Author:

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

File:

D14/51356

Previous Items Council on 15 September 2014 (Certification of the Statutory Statements: For the Year Ended 30 June 2014) EXECUTIVE SUMMARY In accordance with Section 134 of the Local Government Act 1989, Council is required to consider the Annual Report 2013-2014 (as attached) for the 12 months ended 30 June 2014. The Annual Report contains: 

The audited Financial Statements, Standard Statements and Performance Statement (the Statutory Statements) of Council for the financial year ended 30 June 2014.



A Report of Council’s Operations, including the Mayor and CEO Statement, information about the Council, corporate governance and the organisation, and a summary of Council’s services, achievements and performance.

The Annual Report is an important part of Banyule’s ongoing reporting to its Community. The report highlights achievements during 2013-2014 in line with the first year of Council’s City Plan 2013-2017. Prior to consideration at this Council Meeting, the Annual Report has been:  

subject to audit of the statutory statements by the Victorian Auditor-General’s agent and review by the Audit Committee during August-September 2014 presented to Council for ‘in principle’ approval at the 15 September 2014 Council Meeting



lodged with the Victorian Auditor-General and the formal Audit Report received



submitted to the Minister for Local Government by 30 September 2014, and



made available for the mandatory minimum 14 days to enable public inspection of the report. A Public Notice was placed in ‘The Age’ newspaper and on Council’s website on Wednesday, 1 October 2014.

The document has been available for inspection via Council’s Service Centres and website, and at local libraries.

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Performance - Use Our Resources Wisely

ANNUAL REPORT 2013-2014 cont’d

Section 80C of the Local Government Act 1989 requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. CITY PLAN This report is in line with Council’s City Plan key direction to “provide responsible financial management and business planning processes”. BACKGROUND Statutory Requirements At the end of each financial year Council prepares an annual report in accordance with Section 131 of Local Government Act 1989. This report is a key part of Banyule’s ongoing reporting to its Community. As part of the preparation of the Annual Report, Council staff prepared three statutory statements (the Performance Statement, Financial Statements and Standard Statements) for the year ending 30 June 2014. The statutory statements were audited by the Victorian Auditor-General’s agent and reviewed by the Audit Committee during August-September 2014. The statements (and full Annual Report) were then presented for ‘in principle’ approval by Council at its 15 September 2014 Council Meeting, so they could be formally lodged with the Victorian Auditor-General for a final audit and issue of the formal Audit Report. The Annual Report 2013-2014, including the Performance Statement, Financial Statements, Standard Statements and the Victorian Auditor-General’s Reports, was submitted to the Minister for Local Government by 30 September 2014 as required by the Local Government Act 1989. After the Annual Report was submitted to the Minister, Public Notice was placed in ‘The Age’ newspaper and on Council’s website on Wednesday, 1 October 2014 to give the mandatory minimum fourteen (14) days notice in accordance with Section 134(2) of the Local Government Act 1989. The notice detailed the: 1) 2)

availability of the Annual Report and Audit Reports for inspection and meeting of Council on Monday, 20 October 2014 to consider the Annual Report.

Public Notice ads were also placed in the local newspapers. The document has been available for inspection via Council’s Service Centres and website and at local libraries.

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OFFICER DECLARATION OF CONFLICT OF INTEREST


Performance - Use Our Resources Wisely

ANNUAL REPORT 2013-2014 cont’d Information within the Annual Report 2013-2014

6.2

Banyule’s Annual Report 2013-2014 includes the following key sections: 1)

Report of Council’s operations:

         

Mayor and CEO Statement City Plan Context Banyule’s Profile Our Council Corporate Governance The Organisation Calendar of Council and Community Events 2013-2014 A Summary of Our Best Value Performance Banyule’s Strategic Indicators Victorian Local Government Indicators

2)

Performance Statement, Financial Statements, Standard Statements and the Victorian Auditor-General’s Reports on these statements.

Report of Council’s Operations The report of Council’s operations must be prepared in a form and contain information determined by the Council to be appropriate, and contain any other information required by the regulations. The key information required in the report of Council’s operations includes, but is not limited to, the following:  

 

A statement which reviews the performance of Council against the first year of the City Plan 2013-2017, including outcomes in relation to the strategic indicators in the Council Plan Information on aspects such as: factors that have had an impact on Council’s performance, major policy initiatives, major works undertaken or completed, major changes that have taken place, and other major operations and achievements of the Council Information with respect to the nature and range of activities undertaken by the Council Information on the administrative structure of the Council, Council offices, and Councillors

The Local Government Act 1989 was amended in April 2014. The new and updated annual reporting requirements will apply for the next Annual Report 2014-2015.

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ANNUAL REPORT 2013-2014 cont’d

Section 208G of the Local Government Act 1989 states that at least once every year a Council must report to its community on what it has done to ensure that it has given effect to the Best Value Principles. The Annual Report section ‘A Summary of our Best Value Performance’ provides a summary of performance against Banyule’s City Plan 2013-2017. The City Plan 2013-2017 objectives are: -

People - Community strengthening and support Planet - Environmental sustainability Place - Sustainable amenity and built environment Participation - Community involvement in community life Performance - Use our resources wisely

The summary outlines the significant achievements and progress made in relation to the objectives and key directions in Banyule’s City Plan 2013-2017. It highlights the range of services (activities), initiatives and processes being implemented across Council to meet the needs of the community, meet the Best Value Principles, and promote a culture of continuous improvement. Further detailed Best Value results for each service are to be published on Banyule’s website. In addition, this summary is complemented by the next section in the Annual Report which provides progress against Banyule’s Strategic Indicators. These indicators measure achievements against Council’s strategic objectives. The indicators chosen represent broad measures of success in areas that are within our control or of significant interest to Council. They help us to assess our efficiency and indicate effectiveness and the quality of the services we provide. They aim to monitor progress against Council’s priority areas within each objective. These two sections (along with the Performance Statement) include Banyule’s results from the Local Government Community Satisfaction Survey 2014. The survey was undertaken by the State Government’s Department of Transport, Planning and Local Infrastructure (formerly the Department of Planning and Community Development). Banyule performed very well within its inner-metropolitan group of Councils. Financial Statements The Financial Statements comprise the:     

Comprehensive Income Statement Balance Sheet Statement of Changes in Equity Statement of Cash Flows Notes to the Financial Statements.

Comprehensive Income Statement The Comprehensive Income Statement lists the income and expenditure under various categories to arrive at the surplus or deficit for the year. This Statement summarises all the income and expenditure transactions for the financial year ended 30 June 2014.

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Performance - Use Our Resources Wisely

6.2

ANNUAL REPORT 2013-2014 cont’d Balance Sheet The Balance Sheet is prepared as at 30 June 2014 and lists all Council’s assets and liabilities under various categories. Total assets less total liabilities equals net assets which balances to Council’s equity, which is made up of accumulated surplus and reserves. Statement of Changes in Equity The Statement of Changes in Equity shows the movements in the balances of accumulated surplus and reserves from the beginning to the end of the financial year. Statement of Cash Flows The Statement of Cash Flows summarises the amount of cash received and spent during the year. The net difference in cash movements is equal to the movement in the cash and cash equivalents balance, from the beginning to the end of the financial year, as shown in the Balance Sheet. The Statement of Cash Flows shows the net movement in cash for the operating, investing and financing activities. Standard Statements The Standard Statements are a comparison of the actual results to the budget figures and an explanation is given for the major differences between the two. The budget is set prior to the beginning of the financial year. The actual amounts are known at the end of the financial year. A Standard Statement and variance explanation report are prepared for the Income Statement, Balance Sheet, Cash Flow Statement and a Statement of Capital Works. Performance Statement Council’s Performance Statement gives our community an understanding of key industry indicators and demonstrates the health of our organisation. The Performance Statement allows some direct comparison between years of operation and industry comparisons. The Performance Statement deals with qualitative and quantitative measures of performance that illustrate our achievement against pre-determined measures. The Performance Statement measures Council’s performance against what it said it would do for its community and how it has performed. It is a report of performance against the measures and targets which are set out in the annual Budget. HUMAN RIGHTS CHARTER In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in this report. It is considered that the subject matter does not raise any human rights issues.

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This report affirms Banyule’s commitment to the Human Rights Charter. The document chronicles actions and achievements that highlight our affirmation of the Human Rights of our community. The report documents our actions in the past year in an open and honest attempt to better inform our community of where our intent and effort has been centred. DISCUSSION Financial Position For the year ended 30 June 2014 the delivery of Council services to the Community, infrastructure and excellent financial health is well demonstrated throughout the annual report 2013-2014 and particularly the strong balance sheet. The assets of Council continue to grow and are being utilised to generate greater revenue for Community capital works and initiatives. Total Assets at 30 June 2014 are $1.35 billion (2013: $1.27 billion). Council has non-current assets held for sale which are expected to realise a return greater than the current written down value of $35 million. The asset replacement reserves and annual leave and long service leave provisions, as reported on the balance sheet, are 100% back by the $56.7 million in cash and cash equivalents. The strength of Council’s balance sheet position supports greater capacity to invest into the future as planned within the City Plan 2013-2017 (Year 2). The strong asset position offsets the loan principle outstanding as at 30 June 2014 of $60.3 million (2013: $31.7 million). The investments that have been possible through the current borrowing strategy include the Greensborough project – WaterMarc ($27m), the former school sites ($25m), the Ivanhoe Aquatic & Fitness Centre ($5m), and Strategic Properties ($4m) Council has the ability to continue to strengthen its balance sheet. The debt strategy will now focus on a reduction to the current debt level, in consideration of the economic environments, where interest rates remain at an all-time low with little prospect of an increase in rates by the RBA in the short term. The Council has recorded an Operating Surplus as at 30 June 2014 of $1.97 million (2013: $4.47 million). Rates continue to represent the majority of Council revenue at 66%, up from 60% in 2013. Grants have declined to $11.5 million in 2014 from $18.3 million in 2013 (includes capital and operating grants). Employee costs were maintained at 44% of total expenses. Audit Certification The audit of the Performance Statement, Financial Statements and Standard Statements was undertaken by a contractor to the Victorian Auditor-General’s Office and the Independent Auditor’s Report signed on 22 September 2014. The Audit Reports on the Performance Statement, Financial Statements and Standard Statements contain no qualifications and Council’s accounting systems and financial position are considered to be sound.

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6.2

ANNUAL REPORT 2013-2014 cont’d


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6.2

ANNUAL REPORT 2013-2014 cont’d Each of the Statements have been subject to thorough scrutiny by Council’s Audit Committee at its meeting on Friday, 5 September 2014, who recommended ‘in principle’ approval by Council at its meeting on Monday, 15 September 2014 prior to forwarding them to the Victorian Auditor-General for final checking and certification. CONCLUSION Consideration and adoption of Council’s Annual Report 2013-2014 is a requirement of Section 134 of the Local Government Act 1989. The Annual report will be available on Council’s website and at Council’s three services centres (Ivanhoe, Greensborough and Rosanna). RECOMMENDATION That Council adopt the Annual Report 2013-2014 for the year-ended 30 June 2014. ATTACHMENTS No.

Title

1

Annual Report 2013-2014

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6.3

ASSEMBLY OF COUNCILLORS

Author:

Cindy Ho - Governance Officer, City Development

File:

F2014/337

6.3

Performance - Use Our Resources Wisely

EXECUTIVE SUMMARY Under the Local Government Act 1989 an Assembly of Councillors is defined as: A meeting of an advisory committee of the Council, if at least one Councillor is present or; A planned or scheduled meeting of at least half of the Councillors and one member of Council staff which considers matters that are intended or likely to be: a) b)

the subject of a decision of the Council or; subject to the exercise of a function, duty or power of the Council that has been delegated to a person or committee.

In accordance with Section 80A of the Local Government Act 1989 Council is required to report as soon as possible to an Ordinary Meeting of Council a record of any assemblies of Councillors held. Below is the latest listing of notified assemblies of Councillors held at Banyule City Council. RECORD OF ASSEMBLIES 1

Date of Assembly:

6 October 2014

Type of Meeting:

Councillor Briefing

Matters Considered:

Items on the Council Agenda for the Ordinary Meeting of 6 October 2014 (excluding confidential items) as listed below: 1.1 Stormwater overflow at 10 and 12 Cantala Avenue, Rosanna 1.2 The lease of Part of Chelsworth Park to The Ivanhoe Grammar School 2.1 Shelley Reserve Temporary Shipping Containers 2.2 Proposed Netball Courts at Seddon Reserve 3.1 Allocation of the 2014 Banyule Environmental Sustainability Grants 4.1 Proposed multi dwelling development at 204 - 206 Lower Heidelberg Road, Ivanhoe East 4.2 Multi Dwelling Development at 40 Liddesdale Grove, Eltham North 4.3 Banyule Flats and Warringal Parklands Heritage Nomination 4.4 Willis Street, Greensborough - Proposed Discontinuance of Section of Unused 'Road' - Determine Intention to Discontinue

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ASSEMBLY OF COUNCILLORS cont’d

6.3

4.5 Margaret Avenue, Montmorency Proposed discontinuance of section of unused 'road' - Determine Intention to Discontinue 4.6 Julinda Court Greensborough - Proposed Discontinuance of Unused 'Road' - Hearing of Submissions 4.7 Proposed multi-dwelling development at 47 Lower Plenty Road, Rosanna 5.1 Proposed Lease of Part of Chelsworth Park to Ivanhoe Grammar School- Report on Submissions 5.2 World Health Organisation's -Global Network of Age Friendly Cities Membership 5.3 Proposed Lease for Shop 48 The Mall, West Heidelberg, for the purpose of Community Information and Support Services 6.1 Contract No. 1212/1017 - Natural Gas & Associated Services to all Sites 6.2 Assembly of Councillors 7.1 Sealing of Documents 8.1 Buy Local Campaign 8.2 Mayoral Duties and Attendances 8.3 Mayoral Election 2014 Urgent Business Items 1. Advocacy on International Funds Transfers for the Somali Community 2. Banyule’s Commitment to a Harmonious and Multicultural Community 3. Rate Capping for Banyule City Council 4. Advocacy for a new police station for West Heidelberg General Business Item  Wellness Walk Councillors Present:

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

Staff Present:

Simon McMillan – Chief Executive Officer Allison Beckwith - Community Programs Scott Walker – Director City Development Geoff Glynn – Director Assets and City Services

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Keith Yeo - Director Corporate Services Gina Burden – Manager Governance, Information & Laws Vivien Ferlaino – Coordinator Governance and Information Records Daniel Kollmorgen – Acting Manager Strategic Economic Joel Elbourne – Acting Manager Development Services Andy Wilson – Team Leader Development Planning

2

3

Others Present:

Nil

Conflict of Interest:

Nil

Date of Assembly:

8 October 2014

Type of Meeting:

Banyule Environment Advisory Committee (BEAC)

Matters Considered:

-

Councillors Present:

Cr Craig Langdon

Staff Present:

Daniel Kollmorgen - Manager Strategic Economic Development Fleur Anderson - Environment Officer

Others Present:

John D’Aloia Alan Leenaerts Matt Hall Kate Roberts Denise Fernando Maree Keenan Peter Castaldo

Conflict of Interest:

Nil

Date of Assembly:

13 October 2014

Type of Meeting:

Councillor Briefing

Matters Considered:

1. Meet the Candidates – Greens Representatives 2. Northern Alliance for Greenhouse Action 3. Montmorency RSL – Renovations and Gaming Machines 4. Assets Management Policy 5. Olympic Park Skate Facility Study 6. Cyril Cummins Hockey Facility Study 7. Community Garden Guidelines

Councillors Present:

Mark Di Pasquale Rick Garotti Craig Langdon Tom Melican

Ordinary Meeting of Council - 20 October 2014

SOE Report 2013-14 feedback session Stewardship Plan feedback session Balloons at Festivals/Events STRATECO Restructure Review BEAC Terms of Reference discussion Significant Trees Mayoral Election Date Change

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ASSEMBLY OF COUNCILLORS cont’d


Performance - Use Our Resources Wisely

ASSEMBLY OF COUNCILLORS cont’d Simon McMillan – Chief Executive Officer Allison Beckwith - Community Programs Scott Walker – Director City Development Geoff Glynn – Director Assets and City Services Daniel Kollmorgen – Acting Manager Strategic Economic Kevin Gallagher – Assets Coordinator Clayton Simpson – Resources Conservation Officer Ben McManus – Coordinator Leisure and Cultural Services Theonie Tacticos – Team Leader Community and Social Planning

Others Present:

Clement Stanyon – Greens Party Paul Kennedy – Greens Party Liezl Shnookal – Greens Party David Meiklejohn– Northern Alliance for Greenhouse Action

Conflict of Interest:

Nil

Date of Assembly:

13 October 2014

Type of Meeting:

Confidential Councillor Briefing

Matters Considered:

Proposed Developments

Councillors Present:

Mark Di Pasquale Rick Garotti Craig Langdon Tom Melican

Staff Present:

Simon McMillan – Chief Executive Officer Allison Beckwith - Community Programs Scott Walker – Director City Development Geoff Glynn – Director Assets and City Services Daniel Kollmorgen – Acting Manager Strategic Economic Ben McManus – Coordinator Leisure and Cultural Services Theonie Tacticos – Team Leader Community and Social Planning

Others Present:

Nil

Conflict of Interest:

Nil

6.3

Staff Present:

4

RECOMMENDATION That the Assembly of Councillors report be received. ATTACHMENTS Nil

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6.4

LOCAL GOVERNMENT ELECTORAL REVIEW SUBMISSION

Author:

Vivien Ferlaino - Governance & Information Co-ordinator, City Development

File:

F2014/2556

Previous Items Council on 21 October 2013 (Item 6.4 - Local Government Electoral Review Submission) EXECUTIVE SUMMARY The Local Government Electoral Review Panel (The Panel) was established to review and provide advice to the Minister for Local Government on the following: 1. 2. 3. 4.

Electoral process Participation Integrity Electoral representation.

A public consultation process was undertaken with thirteen (13) public hearings held, a survey was sent to all Chief Executive Officers, and one hundred and sixty four (164) written submissions were received including a submission from Councillor Jenny Mulholland, who was also heard at a public hearing on the 14 October 2013. A written submission was also lodged by Banyule Council. The independent Panel has carried out a comprehensive review of Victoria's local government electoral system. The Victorian Government released the reports in September 2014 and is now seeking feedback on the Panel's fifty five (55) recommendations. 1.

The Panel's Stage 1 - report examines the electoral process, participation and integrity.

2.

The Panel's Stage 2 - report examines electoral representation.

Feedback closes on Monday 3 November 2014. The Municipal Association of Victoria has provided each Council with their comments and feedback on the Panel’s Recommendations and has sought feedback from Councils by the 20 October 2014. This report provides an overview of the recommendations of the report and seeks comments and feedback to be submitted to Local Government Victoria. OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter.

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LOCAL GOVERNMENT ELECTORAL REVIEW - SUBMISSION cont’d CITY PLAN

6.4

This report is in line with Council’s City Plan key direction to “enable good governance and accountability with minimal risk”. BACKGROUND In September 2013 notification was received from the Local Government Electoral Review Panel advising that the Electoral Review was under way stating that the goal of the review is to improve the electoral system for local government in Victoria and will examine the local government electoral process, participation, integrity and electoral representation. Petro Georgiou AO was appointed as the chair of the Panel. This is an important review and the largest one to be done in a long time in relation to the process of electing councillors. The goal of the review is to improve the integrity of the system, and to ensure that genuine and high quality candidates are put forward for election. Former Minister for Local Government, Jeanette Powell, appointed the independent review Panel in August 2013. The Panel delivered two reports to the Minister In February and August 2014 with the two reports issued to the sector in September 2014. In explaining the purpose of the Local Government Electoral Review, the chairman, Petro Georgiou, stated that the local government system has evolved over decades, essentially through a series of progressive, incremental reforms. This review of the local government electoral system presents a fresh opportunity to look at the system of local democracy in its entirety. CONSULTATION Public Hearings and Submissions A comprehensive discussion paper was released by the Panel. The Panel held formal public hearings across Victoria in October. At the hearings, people were encouraged to express their views on Victoria’s local government electoral system to the panel. The Panel was also seeking written submissions, which closed on 5 November 2013. Councillor input At the Councillor Briefing held on 30 September 2013, Councillors workshopped the questions and discussion points raised in the Panel’s discussion paper. It was agreed that Council should prepare a written submission to the Panel and that the submission be based on the feedback received from the Councillors. Cr. Mulholland, on behalf of Council, also attended one of the scheduled public hearings which was held on 14 October 2013 at the Melbourne Town Hall, at which she presented the views of Council which have been reflected in Council’s submission. (Attachment 3)

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LOCAL GOVERNMENT ELECTORAL REVIEW - SUBMISSION cont’d Panel Report and Recommendations

1.

Electoral process

Whether improvements can be made to ensure the integrity of the electoral process, including addressing matters raised in the course of the 2012 election including, but not limited to, the following: a) candidate integrity, including issues regarding ‘dummy’ candidates, information disclosure, existing candidacy requirements, campaign funding and disclosure b) the role of the Victorian Electoral Commission in electoral administration and cost implications of this for councils, complaint handling and timeliness in responding. 2.

Participation

Whether improvements can be made to ensure the highest level of participation in local government elections, including: a) improving public understanding and awareness of elections and candidates b) consistency and promoting greater understanding of voter eligibility rules c) use of postal and attendance voting and impact on informal voting d) franchise and eligibility provisions. 3.

Integrity

Whether any other changes can be made that will enhance the integrity of local government elections, candidate conduct and governance. 4.

Electoral representation

Whether the current system of electoral representation is appropriate to ensure fairness and consistency of representation within municipalities and between municipalities including: a) distribution of wards b) different ballot counting systems (proportional and preferential) across municipalities. The Recommendations for both stage one and two are included as attachments (1 & 2). Key Issues For Banyule, the key issues of focus in its original submission to the Panel included:    

Candidate information Candidate participation Polling methods Electoral representation reviews

Outlined below are the comments from Banyule’s submission to the Panel in relation to the above key issues, the Panel’s subsequent recommendation in relation to these issues, and the MAV’s comments regarding the recommendations.

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6.4

The Panel explored the following:


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LOCAL GOVERNMENT ELECTORAL REVIEW - SUBMISSION cont’d

6.4

Banyule Submission Candidate information The view of some of the Councillors is that there should be a set template that all candidates must complete when submitting their candidate enrolment which should include political party membership, address and other contact information. (what should be provided?)

Candidate participation That it be mandatory for all new candidates to attend pre enrolment induction training. All candidates should also be required to enrol in person and pay by credit card to reduce the incidence of “dummy” candidates Polling methods Banyule Council strongly supports the current provision that allows councils themselves to determine the polling method. If there is to be one uniform method then this should be by attendance voting, consistent with State and Federal Governments. Some Councillors also consider that optional preferential voting (vote for 1 or more candidates) should be considered as an alternative voting method, which would reduce the impact of “dummy” candidates.

Recommendation from Panel Report

MAV comments

To provide comparable information about candidates a standard set of questions will be asked as part of the nomination process which will be made available to voters, the standard questions will include past experience (voluntary, council and community, committees, boards) and whether they are a member of a registered political party.

The provision of additional information to assist voters in making judgements on the respective candidates is supported in principle. The increase in the word count for candidates statements is supported and further consideration be given to the framing of the questions, the applicable period of time, length of membership, current status etc. in consultation with the sector to ensure that the information is instructive.

(Recommendation that howto-vote cards not be included in postal packs) as a means of discouraging dummy candidates, but has the effect of reducing the information provided to voters under the current provisions Adoption of a uniform postal voting method for local government elections for 2016.

Electoral representation reviews These should remain at An increase in the upper limit every 12 years but perhaps of councillors to 15 and the be held sooner for faster provision for councils to have growing municipalities. The six, nine, 12 or 15 minimum number of councillors, based on a councillors should be simple distribution against

Ordinary Meeting of Council - 20 October 2014

Councils should have the opportunity to choose between postal and attendance voting.

The composition of the Council should fairly represent the diverse interests of voters. Flexibility in the available systems (unsubdivided and

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LOCAL GOVERNMENT ELECTORAL REVIEW - SUBMISSION cont’d voter numbers according to the ministerial direction - for Banyule this would mean 12 Councillors as our voters are between 40,001 and 130,000 voters.

subdivided) is critical to allow tailoring to particular local factors or considerations in each individual council. Councils of 5 experience problems where there’s a conflict of interest and cannot achieve a quorum. Councils of 7, 9 and 11 seem to function best. Odd numbers are generally better than even to prevent mayor from being put in the often unenviable position of making a casting vote. There is no one size fits all solution, support continuation of the status quo

Other key matters raised by the MAV in relation to the Panel’s recommendations: Voter Franchise

Some of the recommendations are supported and others not as outlined below:     



Does not support the compulsory enrolment of those not on the State electoral roll other than the category of property owners – other categories should be voluntary Does not support compulsory voting for other than those on the State roll in line with the provisions for state and federal rolls Supports compulsory voting for those on the state roll aged 70 and over Does not support the entitlement for permanent residents (nonAustralian citizens) to be eligible to nominate for Council (this is not consistent with the state/federal jurisdictions) Is concerned at the prospect that people will be required to re-enrol each election because of the implications for resourcing and is also concerned that in the absence or re-enrolment requirements for each general election the accuracy of the roll will be detrimentally impacted. Is concerned with the additional costs likely to be borne by Councils

Voters Roll and enrolment

Most of the recommendations are supported with the inclusion:

Eligibility

Recommendation is supported

Candidate Nominations

that successful candidates be able to retain copies of the rolls under strict conditions in relation to their use (such as Federal and state counterparts)

it is considered that Australian citizenship should be a prerequisite to stand for council

Most of the recommendations are supported with the inclusion:

current provisions be tightened to provide for acceptable excuses and corroborating evidence for persons who have genuine reasons for not being able to nominate in person;

Other comments:

Candidates require a minimum level of endorsement by 6 peers, this is supported as this is in line with state election requirements Requirement for police checks after the election will most likely delay the swearing in of Councillors

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6.4

increased from the current minimum of 5 to 7, and the maximum should be capped at 11 rather than the current 12. Council strongly supports the single ward structure which works well in Banyule and requests that this option be retained.


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6.4

LOCAL GOVERNMENT ELECTORAL REVIEW - SUBMISSION cont’d

Candidate Information

“not being on the voters roll” be a ground for a returning officer to reject a nomination. This is reasonable and addresses a deficiency in the existing legislation.

Recommendations not supported  



The provision of additional information to assist voters in making judgements on the respective candidates is supported in principle; The increase in the word count for candidates statements is supported; and Further consideration be given to the framing of the questions, the applicable period of time, length of membership, current status etc. in consultation with the sector to ensure that the information is instructive.

Campaign Donations

Recommendations not supported

How to Vote Cards

Recommendation is not supported – (Recommendation that howto-vote cards not be included in postal packs)

Caretaker Period

The MAV submission did not support capping campaign donations. There is no limit on campaign donations in state and federal jurisdictions. The report makes a sound case that it is not practical for details of donations to be made available to voters during the election period

as a means of discouraging dummy candidates, but has the effect of reducing the information provided to voters under the current provisions

Recommendation supported in Principle except no.30  



Postal Voting

further discussion with the sector before any “codification” of caretaker policies takes place. there would need to be appropriate consultation about what constitutes “non-essential” publications with the sector. In order to ensure that councils are not adversely impacted by the new caretaker arrangements, the State Government look to amend legislation prescribing statutory planning timelines for local government to harmonise them with the restrictions on decision making during the caretaker period - It is considered that recommendation 30 needs further consideration. Planning permit applications before a Council should be dealt with in a timely manner in the interests of all parties. Given that the applications should be dealt with in accordance with the prevailing scheme and regulations, holding off on such matters is unnecessary. There is also an argument that the sitting Councillors have a better understanding of the planning issues than a newly elected Council would have when they initially come to office

Recommendations not supported  

Councils should have the opportunity to choose between postal and attendance voting. Allowing a postal vote to be posted on the last Friday of voting and received by the VEC within 5 working days after the close of voting has the potential to compound the delays to the operations of Council’s and the swearing in of Councillors and the proposed induction process that will need to occur before the swearing

Role of the VEC

Recommendations supported

Failure to Vote prosecutions

Most of the recommendations are supported with the inclusion:

The VEC should be the sole provider for the conduct of all local government elections, including centralised complaint process and ensuring prices and service standards are kept to a reasonable level

The sector needs some assurance that the net revenue from fines and prosecutions would be returned to Councils.  recommendation 40 be supported subject to: o the net revenue from fines and prosecutions for failure to

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o

vote and enrol being returned to councils to partially off-set the costs of conducting elections; and further discussions being held with the sector on how the costs of prosecuting those who fail to vote can be contained.

MET applications

Recommendation supported

Voting and ballot counting

Recommendation supported with further discussion in the sector

Councillor Allowances

Empower the returning officer to make an application to the MET to initiate an inquiry.

if the optional preferential voting system is introduced for the state Legislative Assembly, it should also be introduced for single member wards. It is consider that a change in voting system warrants further discussion with the sector

Recommendation supported

A review of the remuneration is supported

DISCUSSION For Banyule, some of the key issues raised have been addressed in the panel’s recommendations. One of these key issues is candidate’s information and that candidates should complete a standard template at nomination time. The panel have recommended that a standard set of questions for each candidate be completed as part of the nomination process. The key issue in relation to the lower and upper limit of the number of Councillors has also been addressed. The current minimum amount of councillors is five (5) and the maximum is twelve (12). Banyule supported an increase in the minimum number of Councillors from 5 to 7 and a decrease in upper limit to 11. Whilst the Panel have recommended an increase in the minimum to six (6) they have recommended a maximum of fifteen (15). The MAV have provided commentary that Councils of 5 experience problems where there is a conflict of interest and cannot achieve a quorum. Councils of 7, 9 and 11 seem to function best. Odd numbers are generally better than even to prevent the Mayor from being put in the often unenviable position of making a casting vote. There is no one size fits all solution and therefore the MAV support continuation of the status quo. The MAV response is consistent with Banyule’s initial submission. The MAV have also provided comments on many of the other elements of the review and some of the recommendations are not supported by the MAV or have requested there be further consultation with the sector. Many of these recommendations are based on the premise that the same provisions should apply as they do at the Federal and State level, whether it be campaign donations, use of the electoral roll, polling methods, voter entitlements or voting systems. The comments in the table above will form the MAV’s response on the Panel’s report, which is due by 3 November. The MAV have asked for feedback on their draft response by 20 October 2014 and given it is generally consistent with Council’s views, including that the same standards applicable to other levels of government should also apply to local government, it is considered that Council should support the MAV response.

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LOCAL GOVERNMENT ELECTORAL REVIEW - SUBMISSION cont’d CONCLUSION

6.4

Council welcomes the ability to provide further input into the review of the local government electoral system. The Municipal Association of Victoria (MAV) have provided each Council with their draft feedback and response on the Panel’s recommendations and are seeking comments by the 20 October 2014 in time to be able to finalise their response to Local Government Victoria which is due by the 3 November 2014. The MAV’s draft response is consistent with Council’s view overall and highlights the issues it believes are important for retaining the integrity of local government and improving electoral representation within Victoria The Panel’s recommendations have addressed some of Council’s key issues and the MAV’s response has covered the other key issues where further consideration should be given by the Panel. RECOMMENDATION That Council: 1.

Provides feedback to Local Government Victoria that it generally supports the recommendations of the Local Government Electoral Review and requests further consideration be given to: a) b) c)

2.

Councils having the opportunity to choose between postal and attendance voting. Reconsidering the suggested upper limit for the number of Councillors (being 15), and that odd number of Councillors be considered noting that in case of Banyule seven (7) Councillors operates well. The Municipal Association of Victoria response.

Provides feedback to the Municipal Association of Victoria that it supports their submission and re-affirms Council’s position on the matters raised in point 1 above.

ATTACHMENTS No.

Title

1

Electoral Review - Stage One Report Recommendations

477

2

Electoral Review - Stage Two Report Recommendations

483

3

Local Government Electoral Review Banyule Submission

487

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6.5

OPERATING AND CAPITAL FINANCIAL MANAGEMENT REPORT FOR PERIOD ENDED SEPTEMBER 2014

Author:

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

File:

D14/51190

EXECUTIVE SUMMARY The Operating and Capital Financial Management (OCFM) Report for September 2014 is presented in accordance with section 138 of the Local Government Act 1989 which requires quarterly statements to Council on the budgeted revenue and expenditure for the financial year with the actual revenue and expenditure to date The Operating performance for the 3 months to September 2014 is favourable to the year to date budget by $5,065,067 and indicates that Council is managing well against the year to date budget. Some of the variances identified year-to-date are yet to be fully assessed to determine if a permanent adjustment to forecast is required. The projected forecast is $6,094,519 - $86,608 favourable (1.4%) due mainly to additional:  

supplementary income received to date against budget, partially offset by expenditure that has been incurred against that budgeted.

At the end of September 2014 a total of $6.151 million has been spent on capital works and initiatives with the full year forecast projected to be in line with budget. The next OCFM report to Council will be presented to the 2 February 2015 Council meeting. CITY PLAN This report is in line with Council’s City Plan objective to "manage our financial resources in a sustainable manner". BACKGROUND Overall, this report reveals that Council’s financial performance is sound and in line with the 2014/2015 corporate budget. Operating Performance The consolidated operating surplus at September 2014 of $68,036,994 is favourable by $5,065,067 against the estimated budget of $62,971,927. This operating surplus to date largely results from full recognition of rates at the beginning of the financial year in accordance with the Accounting Standard.

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6.5

OPERATING AND CAPITAL FINANCIAL MANAGEMENT REPORT FOR PERIOD ENDED SEPTEMBER 2014 cont’d For the full year to 30 June 2015 an operating deficit of $6,094,519 is being forecast as at September 2014 compared to an operating budget deficit of $6,181,127 (includes carried forward initiatives). It needs to be highlighted that the operating deficit includes $4.7 million spend to replace public street lighting. Council does not own the street lighting so this expense cannot be capitalised, along with other one-off renewals deemed as maintenance. It is expected that the Council will continue to remain below budget and management will continue to review any variances identified which could have an impact on the forecast. Any further permanent variances will be reported in the next OCFM report to Council on 2 February 2015. Variances to budget: Movements against budget identified at September 2014 can be mainly attributed to timing and phasing of budgets during the year. This can occur when expenditure occurs on a programmed basis rather than on an even basis throughout the year. Examples are as follows: 

Variances due to phasing of the budget: o subscriptions paid upfront for the 12 months – e.g. MAV and VLGA o IT maintenance and service charges paid upfront o seasonal trends in income noted in Leisure and Aquatic facilities o majority of dog and cat registrations take place in March and April o grant receipts noted as quarterly, bi-annual or annual not monthly



Variances due to timing of payments and receipts for: o creditor payments o utility and water charges o telephone charges o bank fees and charges o outdoor staff fortnightly salary payments o Councillor payments.

This quarterly financial report indicates that Council is managing well against budget with a full year adjustment to budget anticipated of $86,608 favourable (1.4%). Council Officers have identified a small number of key variations from budget that are expected to exist at the end of financial year. These variances are as follows: DESCRIPTION  Higher than expected supplementary income generated

$ $230,000 favourable



Grants Commission will not increase by CPI but will remain at the prior year level

$100,000 unfavourable



Boiler to be replaced at the Ivanhoe Aquatic & Fitness Centre not budgeted for

$100,000 unfavourable



The difference is made up of a number of smaller items which are less than $50,000 individually both favourable and unfavourable

$57,000 net favourable

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OPERATING AND CAPITAL FINANCIAL MANAGEMENT REPORT FOR PERIOD ENDED SEPTEMBER 2014 cont’d

1)

Investment income is tracking favourable to budget and will be further reviewed to determine if a reforecast is warranted based on the current economic factors.

2)

The EBA was recently agreed. For 2014, the EB salary will increase by 3.35% from 1 July 2014.

3)

The carbon tax legislation was repealed effective 1 July 2014. Due to this legislative change there is a review being undertaken to determine the impact on utility (electrical and gas usage) and waste management services.

4)

The Co-generation system at Watermarc will be reviewed over 6 months to determine the true impact on costs and to better incorporate seasonal variations.

5)

Ivanhoe Aquatic Centre has shown reduced income to the budgeted as a result of the redevelopment. A reforecast against budget is likely but requires further investigation.

6)

Delays in construction timetables for Audrey Brooks and Olympic Village Learning Hub facilities have impacted on income streams for the Early Years area, as preschool sessions that were budgeted for have not commenced. This may have an unfavourable impact on the net position for this area. A review will be undertaken to understand the full impact to salaries and income and opportunities sought to reduce any negative impact.

Capital works and initiatives: The total Capital Works and Initiatives for the full year 2014-15 is budgeted to be $49.288 million. At the end of September 2014 a total of $6.151 million has been spent on capital works and initiatives. This is behind the expected YTD budget due to timing from a delay in the delivery of trucks and September 2014 invoices yet to be processed. The variance to date will not impact on the full year forecast. Other Key Information: School sites redevelopment project financial update Council purchased the following school sites with settlement for all sites taking place on 11 November 2013. 1.

Former Haig Street Primary School site: 52 Haig Street, Heidelberg Heights (Haig Street site).

2.

Former Bellfield Primary School site: 229 Banksia Street, Ivanhoe (Ivanhoe site).

3.

Former Banksia La Trobe Secondary College site: 228-230 Banksia Street, Bellfield (Bellfield site).

Ordinary Meeting of Council - 20 October 2014

Page 71

6.5

Management reviews being undertaken:


Performance - Use Our Resources Wisely

6.5

OPERATING AND CAPITAL FINANCIAL MANAGEMENT REPORT FOR PERIOD ENDED SEPTEMBER 2014 cont’d The Haig Street Primary School site was sold on 20 June 2014, conditional to planning permit, to a consortium with Metricon for $16,000,000 with three instalments expected ($3,800,000 March 2015, $7,500,000 February 2016, and $4,700,000 February 2017). The former Bellfield Primary School site is currently in the final stages of negotiations with a preferred tenderer after a two-phase EOI and RFT process. The former Banksia La Trobe Secondary College has been offered to the State Government and Education Department as a potential education site opportunity until the conclusion of the state election on 27 November 2014. Economic Data For the first three months of this financial year all of Council’s investments have continued to be held in high rated short term Bank Term Deposits. Currently the Term Deposits are earning a weighted average of 3.26%. The earning rate has decreased 0.18% since 30 June 2014. The weighted average interest rates have ranged from 3.48% for August 2014 to a low of 3.26% for September 2014. Council is placing its investments in Term Deposits with major and secondary banks. The investment interest rates offered by the banks reflect a combination of the Reserve Bank of Australia (RBA) official cash rate and the requirements for money on any given day by Banks. The official cash rate as set by the RBA is currently 2.5% and has not moved since it was reduced by 0.25% on 7 August 2013. The previous change was a decrease of 0.25% on 8 May 2013. As at 30 September 2014 the cash and cash equivalent investment was: 1) term deposits - $44.57 million 2) On Call - $10.97 million. Term deposits are all held with A1+ and A2 rated banks. CONCLUSION The Operating performance as at September 2014 is favourable to the year to date budget by $5,065,067 and management has verified a full year projected adjustment to date against budget of $86,608 favourable (1.4%). Management will continue to assess actuals against budget throughout the next quarter and will make any necessary forecast adjustments as required. It is anticipated that the full year actuals will continue to align to what has been budgeted. The December OCFM 2014 report to Council will be presented to the 2 February 2015 council meeting.

Ordinary Meeting of Council - 20 October 2014

Page 72


Performance - Use Our Resources Wisely

OPERATING AND CAPITAL FINANCIAL MANAGEMENT REPORT FOR PERIOD ENDED SEPTEMBER 2014 cont’d RECOMMENDATION

6.5

That the Operating and Capital Financial Management Report for the period September 2014 be received. ATTACHMENTS No.

Title

1

Income and Expenditure Graphs - September 2014

491

2

Profit and Loss Summary - September 2014

493

3

Capital Works & Initiatives Report - September 2014

494

Ordinary Meeting of Council - 20 October 2014

Page

Page 73



7.1

SEALING OF DOCUMENTS

Author:

Andrea Turville - Property Officer, City Development

Ward:

Griffin

File:

F2013/1309

7.1

Sealing of Documents

The following documents require the affixing of the Common Seal of Council: 1

PARTY\PARTIES: . OFFICER: FILE NUMBER: DOCUMENT: ADDRESS: WARD: BRIEF EXPLANATION:

Ordinary Meeting of Council - 20 October 2014

Banyule City Council and East Ivanhoe Bowling Club Inc Andrea Turville F2013/1309 Variation of Lease 151-153 The Boulevard, Ivanhoe East Griffin Council is the owner of land and buildings situated at 151-153 The Boulevard, Ivanhoe East (Premises) currently occupied by the East Ivanhoe Bowling Club Inc (Club). In 2010 Council leased the Premises to the Club. The Lease provides for the use of the Premises for recreation, lawn bowls, dining and social gatherings, primarily for the benefit of the residents and ratepayers of the City of Banyule, including those who are socially and/or financially disadvantaged and people with special needs. In 2013, the Club, in response to increasing electricity costs, investigated ways to reduce energy consumption and decided to install a photovoltaic solar system (solar panels) on the roof of the Premises. The Club arranged the installation of the solar panels and met the full capital cost through donations from members and sponsors. The Club is agreeable to, meeting the cost of and, undertaking the ongoing maintenance. A Variation of Lease has been prepared to vary the terms and conditions of the existing Lease by amending the maintenance schedule to assign responsibility for the cost and future maintenance of the solar panels. Council should support the proposal to vary the existing Lease to provide for the Club to be responsible for the ongoing maintenance of the solar panels by resolving to affix its Common Seal to the Variation of Lease.

Page 75


Sealing of Documents

SEALING OF DOCUMENTS cont’d RECOMMENDATION

7.1

That the Common Seal of the Banyule City Council be affixed to the following documents: 1.

Variation of Lease between Banyule City Council and East Ivanhoe Bowling Club Inc to amend the maintenance schedule of the lease to provide for the Club to be responsible for undertaking, and the costs associated with, the ongoing maintenance of the photovoltaic solar system installed on the roof of the Council-owned building at 151-153 The Boulevard Ivanhoe East.

ATTACHMENTS Nil

Ordinary Meeting of Council - 20 October 2014

Page 76


8.1

COUNCIL BOUNDARY REVIEW

Author:

Cr Craig Langdon

Ward:

Olympia

File:

F2014/492

8.1

Notice of Motion

TAKE NOTICE that it is my intention to move: “1.

2.

That Council calls on the State Government, State Opposition, Municipal Association of Victoria, and the Victorian Local Governance Association to support: a.

An independent review of the boundaries of all the Municipalities every 20 - 25 years to ensure communities of interest are maintained, Councils remain financial viable, population growth within Councils do not become unmanageable. This review be based on the Australian & Victorian electoral review process where boundaries are open to submissions, independently reviewed and then open for public comment and further submissions before they are finalised.

b.

That natural and major built structures such as rivers & freeways be considered as municipal boundaries.

c.

Keeping Councils, except for major Regional Cities, within a reasonable and manageable population size taking into consideration of growth areas.

d.

Addressing the many anomalies which occurred with the 1994 Council amalgamations.

That the Council write to all the State Members of Parliament and candidates within Banyule seeking their support for the review.�

Explanation It has been 20 years since the City of Banyule was created from the City of Heidelberg and parts of the Shire of Diamond Valley & Shire of Eltham. The City of Heidelberg was to be considered as part of inner city amalgamations but was withdrawn by the then Government to be considered with the outer metropolitan Councils. The City of Banyule is the legal successor of the City of Heidelberg and the Shire of Diamond Valley. The La Trobe University and surrounding areas allocated to the City of Darebin is an anomaly. This area is surrounded by Banyule on 3 sides and is on the opposite side of a 6 lane road and tram route. Many residents of the area have complained that they are feel greater association with the City of Banyule than the City of Darebin. La Trobe University has strong links to the Heidelberg West Industrial Estate, Banyule Community Health, the Banyule Legal Service, Charles La Trobe College, Youth Foundation 3081, Austin Health, Olivia Newton-John Cancer Research which are either all in Banyule or mainly are used by residents of Banyule.

Ordinary Meeting of Council - 20 October 2014

Page 77


Notice of Motion

8.1

COUNCIL BOUNDARY REVIEW cont’d The Shire of Nillumbik whose average rate is significantly more than the City of Banyule due to its low population base. The western border of Nillumbik is shared with the City of Whittlesea. The City of Whittlesea population and predicted growth will make it a huge City. An expansion of the Shire of Nillumbik taking some of Whittlesea maybe a logical solution. Many within the southern part of Nillumbik have expressed a desire to be in Banyule. The section of the City of Yarra along the southern side of Heidelberg Road all the way to the City of Banyule is another anomaly. It would be more logical to be within the City of Darebin. The City of Geelong is the second largest city in Victoria as it should be, however the City of Wyndham is predicted to overtake it based on its current boundaries and growth. The town of Sunbury is poised to become the 80th Council in Victoria after a long campaign to separate itself from the City of Hume. It is seeking to have the Tullamarine Airport within its City to ensure its financial reliability. The City of Hume is opposing this aspect. An independent review would be a better process than a town campaigning against its Council.

CR CRAIG LANGDON Olympia Ward ATTACHMENTS Nil

Ordinary Meeting of Council - 20 October 2014

Page 78


8.2

NAMING OPTIONS - HAIG STREET DEVELOPMENT SITE

Author:

Cr Craig Langdon

Ward:

Olympia

File:

F2014/344

8.2

Notice of Motion

TAKE NOTICE that it is my intention to move: “That Council officers investigate and prepare a report to Council on the naming of the public open space located on the site between Haig Street and Bonar Street, and streets within the development, which considers: 1.

Dedicating the reserve to the former students, parents, School Council, Principals, teachers and staff of the Haig Street Primary School, and naming of the public open space on this site recognise Vin Heffernan OAM the former Councillor - City of Heidelberg (1966-1985) Mayor (1979-80) State Member for Ivanhoe (1985 - 1996) Minister for Small Business and Youth Affairs (19921996) with the name Vin Heffernan Walk.

2.

Providing a plaque to be erected in the reserve stating: "Vin Heffernan Walk is dedicated to all the former students, parents, School Council, Principals, teachers, and staff of the Haig Street Primary School (1925-2011). This park is named after Vin Heffernan OAM Councillor - City of Heidelberg (1966-1985) Mayor (1979-80) State Member for Ivanhoe (1985 - 1996) Minister for Small Business and Youth Affairs (1992-1996). The School recognised his commitment and support for students and the local community by naming their Library in his honour."

3.

The streets within the development being dedicated to former City of Heidelberg Mayors and long serving Councillors.

4.

Council seeking permission of the various families and the Office of Geographic Names to name the reserve and streets.�

Background Mr Vin Heffernan was involved in numerous community activities as a local businessman, Councillor and Member of Parliament. His business was located in Southern Road, Heidelberg Heights, just north of the Haig Street Primary School. He was particularly known for his work with the young people of Heidelberg West, launching the Bernie Geary Youth Scheme in 1980 to work with unemployed youth. His involvement with this Scheme lead to his recognition in 1983 with the Order of Australia Medal.

Ordinary Meeting of Council - 20 October 2014

Page 79


Notice of Motion

NAMING OPTIONS - HAIG STREET DEVELOPMENT SITE cont’d

8.2

Explanation The proposal that the public open space in the Haig Street development be named after Vin Heffernan OAM the former Member of Ivanhoe (1985-1996), Minister for Small Business and Youth Affairs (1992-1996), Heidelberg City Councillor (19661985) and Mayor (1979-1980) is in recognition of his connection with the former primary school. Haig Street Primary School honoured Vin Heffernan for his work in connection with the school by naming the Library in his name. To eliminate any confusion with Vin Heffernan Reserve in Viewbank, it is recommended that this public open space be named "Vin Heffernan Walk". To recognise the naming of the open space it is recommended that a plaque, suitably mounted on a stone plinth, be installed in the park. The wording should be as follows: "Vin Heffernan Walk is dedicated to all the former students, parents, School Councils, Principals, teachers, and staff of the Haig Street Primary School (1925-2011). This park is named after Vin Heffernan OAM Councillor - City of Heidelberg (1966-1985) Mayor (1979-80) State Member for Ivanhoe (1985 - 1996) Minister for Small Business and Youth Affairs (1992-1996). The School recognised his commitment and support for students and the local community by naming their Library in his honour." The Haig Street development site provides two new street naming opportunities. It is recommended the naming of these two streets honour former City of Heidelberg Mayors and long serving Councillors. Recognising that final choices for the names of these streets will be subject to approval from the families of the former Councillors, community consultation and the approval of the Office of Geographic Names, the following names are suggested for consideration:      

Jean Baker OAM Councillor (1968-1992), Mayor (1973-74 & 1982-83) Percy Cleland MBE Councillor (1964-1973), Mayor (1968-69) John Pizzey Councillor (1972-1978), Mayor (1976-77), and Commissioner City of Banyule (1994-97) Harold Weinberg Councillor (1972-1987), Mayor (1980-81) Bruce Skeggs OAM Councillor (1985-1991), Mayor (1990-91), State Member for Ivanhoe (1973 - 1982) Tom Rossell Councillor (1976-1992)

CR CRAIG LANGDON Olympia Ward ATTACHMENTS Nil

Ordinary Meeting of Council - 20 October 2014

Page 80


8.3

STREET FURNITURE INSPECTIONS

Author:

Cr Craig Langdon

Ward:

Olympia

File:

F2014/492

8.3

Notice of Motion

TAKE NOTICE that it is my intention to move: “That Council officers investigate and refer funding for budget consideration in the 2015 /16 budget process for undertaking proactive inspections of all street furniture across the municipality.” Explanation There are many proactive inspections of council’s infrastructure assets undertaken across the municipality to ensure Council understands the current condition of its assets and maintains them to an agreed standard. In regards to street furniture, the proactive inspections are limited to the main shopping strips. Street furniture outside of the activity centres is maintained on a reactive basis informed by customer requests and Council officer intervention. To ensure all street furniture is maintained to an appropriate standard it is necessary to undertake proactive inspections of all street furniture.

CR CRAIG LANGDON Olympia Ward ATTACHMENTS Nil

Ordinary Meeting of Council - 20 October 2014

Page 81



ATTACHMENTS 1.1

Fairbank Way Petition - Tree Concerns Attachment 1

4.5

Cyril Cummins Reserve Indoor Hockey Feasibility Study Attachment 1

4.6

Annual Report 2013-2014.............................................................. 217

Local Government Electoral Review - Submission Attachment 1 Attachment 2 Attachment 3

6.5

Olympic Park Inline Skate Feasibility Study ................................... 158

Annual Report 2013-2014 Attachment 1

6.4

Cyril Cummins Indoor Hockey Feasibility Study ............................. 110

Olympic Park Inline Speed Skate Track Feasibility Study Attachment 1

6.2

Fairbank Way TMP .......................................................................... 84

Electoral Review - Stage One Report Recommendations .............. 477 Electoral Review - Stage Two Report Recommendations .............. 483 Local Government Electoral Review Banyule Submission ............. 487

Operating and Capital Financial Management Report for Period Ended September 2014 Attachment 1 Attachment 2 Attachment 3

Income and Expenditure Graphs - September 2014 ...................... 491 Profit and Loss Summary - September 2014 ................................. 493 Capital Works & Initiatives Report - September 2014 .................... 494

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6.2

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6.2

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6.2

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6.2

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6.2

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6.2

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6.2

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6.2

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Attachment 1

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6.2

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6.2

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Attachment 1

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6.2

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6.2

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Attachment 1

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6.2

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6.2

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Attachment 1

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6.2

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6.2

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Attachment 1

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6.2

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6.2

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Attachment 1

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6.2

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6.2

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Attachment 1

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6.2

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6.2

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6.2

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Attachment 1

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6.2

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6.2

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6.2

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Attachment 1

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6.2

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6.2

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Attachment 1

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6.2

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6.2

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Attachment 1

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6.2

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Attachment 1

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6.2

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Attachment 1

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6.2

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Attachment 1

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6.2

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Attachment 1

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6.2

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6.2

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Attachment 1

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Attachment 1

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6.2

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Attachment 1

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Attachment 1

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6.2

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Attachment 1

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6.2

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Attachment 1

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Attachment 1

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Attachment 1

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Attachment 1

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6.2

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Attachment 1

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Attachment 1

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6.2

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Attachment 1

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6.2

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Attachment 1

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6.2

Item: 6.2

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Attachment 1

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6.2

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6.2

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Attachment 1

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6.2

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6.2

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Attachment 1

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6.2

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6.2

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Attachment 1

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6.2

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6.2

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Attachment 1

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Attachment 1

6.2

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6.2

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Attachment 1

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6.2

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6.2

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Attachment 1

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Attachment 1

6.2

Item: 6.2

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6.2

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Attachment 1

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6.2

Item: 6.2

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Attachment 1

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Attachment 1

6.2

Item: 6.2

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Attachment 1

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Attachment 1

6.2

Item: 6.2

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Attachment 1

Item: 6.2

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6.2

Item: 6.2

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Attachment 1

Item: 6.2

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Attachment 1

6.2

Item: 6.2

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6.2

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Attachment 1

Item: 6.2

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6.2

Item: 6.2

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Attachment 1

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6.2

Item: 6.2

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Attachment 1

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Item: 6.4

Attachment 1: Electoral Review - Stage One Report Recommendations

Structure of the report  Chapter 1 addresses the franchise and voters’ roll  Chapter 2 explores issues associated with candidature

6.4

This report comprises five chapters:

 Chapter 3 looks at caretaker arrangements  Chapter 4 examines the conduct of elections  Chapter 5 applies to matters in dispute following an election.

This chapter deals with two critical aspects of the franchise: the question of who is entitled to vote, and the process for ensuring the accuracy of the roll that confers a voting entitlement. The franchise for local government in Victoria is complex and confusing for some voters, many of whom struggle to understand whether they have an entitlement and whether they are required to vote. The franchise excludes some individuals who the Local Government Act 1989 defines as included in the ‘local community’. The franchise proposed by the Panel would be more equitable, inclusive and transparent, and include:  Australian citizens and permanent residents who live in the municipality  people who own or lease property in the municipality  people who pay rates in the municipality. Enrolment processes are different for different classes of voters. The process for compilation of the voters’ roll is onerous and inefficient and results in a voters’ roll that lacks accuracy and completeness. To ensure an accurate, complete and valid voters’ roll, the Panel proposes that all voter enrolments for local government elections should result from an application to the VEC. State roll voters would continue to be enrolled via application to the VEC and Australian Electoral Commission (AEC), and their details supplied for inclusion on the council roll. All other eligible voters (including non-resident owners) would be enrolled through a process of application. Rather than providing a public exhibition roll, many submitters argued that the most effective means for voters to check their enrolment would be to contact the VEC, either through its online enrolment checking service or by phone. The new arrangement for the compilation of the voters’ roll supports this, and the Panel makes a recommendation to this effect. Finally, the Panel recommends that, to better protect voter privacy and safety, an information campaign be conducted to advise individuals that they can request to be a silent voter.

Recommendations The Panel recommends that: 1.

The voter franchise for Victorian local government elections be broadened to bring it into closer alignment with the ‘local community’ as defined in the Local Government Act 1989.

2.

To give effect to the revised statewide franchise, the following eligibility criteria be implemented through a revision to the Local Government Act 1989: a) aged 18 and above and either b) citizens or permanent residents living in the municipality c) owners of property in the municipality d) lessees of non-residential property in the municipality e) those who pay rates on a property within the municipality.

ORDINARY MEETING OF COUNCIL ON 20 OCTOBER 2014 Page 477

Attachment 1

Chapter 1 – Voters: overview


Attachment 1

6.4

Item: 6.4

Attachment 1: Electoral Review - Stage One Report Recommendations

3.

A person may be enrolled only once in a municipality, regardless of how many entitlements he or she may have.

4.

A corporation may nominate only one representative, who may be enrolled only once in a municipality.

5.

The Local Government Act 1989 and electoral regulations be amended to make voting compulsory for all those enrolled to vote.

6.

The application of compulsory voting be extended to persons aged 70 and over, bringing local government arrangements in Victoria into line with other jurisdictions.

7.

Other than those already enrolled on the state roll, automatic enrolment for some voters cease and that those voters not on the state roll be required to enrol on an applications-only basis.

8.

The process of constructing the voters’ roll be streamlined and centralised by removing the requirement on CEOs to maintain the voters’ roll and transferring this responsibility to the VEC, including the receipt and administration of enrolment applications.

9.

To support transition to a broadened franchise, both the VEC and local governments conduct a comprehensive, statewide campaign backed up by strong community engagement at the local level to encourage enrolment of voters in every municipality. This should be consistent with the role played by the VEC for state elections, including its outreach efforts to the CaLD community.

10. As an extension to the awareness campaign, under the new provisions, transitional arrangements be put in place to support re-enrolment of current enrolees on voters’ rolls in Victoria. 11. The provisions for inspection of the voters’ roll be brought into line with those pertaining to the state roll, which provide for inspection of the state roll by any person with the VEC at any point in the election cycle. 12. The Local Government Act 1989 be amended to remove the requirement for the preparation of an exhibition roll. 13. The VEC’s enrolment campaign contain the appropriate privacy information by reminding voters that their personal details are available to candidates for campaigning purposes. This campaign should advise individuals that they can request to be silent voters if there are personal safety grounds on which to base an application to protect their private information. 14. All candidates be required to return to the VEC at the conclusion of the election all copies of the voters’ roll supplied to them.

Chapter 2 – Candidates: overview This chapter addresses candidacy requirements and the nomination process. The Panel proposes a significant strengthening of requirements for candidates to demonstrate that they meet eligibility conditions. The Panel then recommends a number of actions to improve the objective information available to voters on candidates. The Panel outlines a process to cap campaign donations, aligning the donations cap with the conflict of interest threshold for sitting councillors. This will obviate the risk of councillors being elected with a pre-existing conflict between their public duties and their private interests. The chapter finishes with a number of proposals, which, if adopted, will mitigate the influence of dummy candidates. It also contains a discussion of how best to support candidate participation and performance.

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Item: 6.4

Attachment 1: Electoral Review - Stage One Report Recommendations

The Panel recommends that: 15. The Local Government Act 1989 be amended to include an additional disqualification for individuals who have been banned under the Australian Securities and Investments Commission (ASIC) regime from managing a corporation.

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Recommendations

16. The eligibility criteria to stand for election to local government be broadened to align with the right to vote in local government elections. 17. The Local Government Act 1989 and regulations be amended to require that:

 candidates demonstrate a minimal level of endorsement of their candidature (from six of their peers enrolled in the municipality)  candidates complete a revised candidate nomination form, which requires them to note and respond to all disqualification conditions, unambiguously confirming that none of the disqualification conditions apply to them (see proposed revised nomination form with extended declaration at Appendix 4 <link: Proposed revised nomination form>)  councils be required to arrange police checks and insolvency and ASIC rulings for when candidates are elected councillors. 18. The Local Government Act 1989 be amended to include ‘not being on the voters’ roll’ as a condition under which a returning officer at an election can reject the nomination application of any proposed candidate. 19. To address the insufficiency of comparable information about candidates, each candidate be asked a standard set of questions as part of the nomination process. 20. The answers to these questions be made available to voters in the form of a candidate information template in the postal ballot packs provided by the VEC and this information made available on the VEC website. 21. While candidates would have the right to withhold answers to some or all of the prescribed questions, all their answers (including ‘no response’) would be made available to voters. 22. The standard questions on the nomination form ask candidates to provide information on:  their contact details, including a phone number and a recent photograph  whether they live in the municipality that is being contested and, if not, their entitlement to be on the voters’ roll for the municipality  work and professional experience  voluntary experience, council and community leadership experience and/or relevant committee and board memberships  any training and/or information sessions they have attended to prepare themselves to discharge the responsibilities of a councillor  whether they are a member of a registered political party ORDINARY MEETING OF COUNCIL ON 20 OCTOBER 2014 Page 479

Attachment 1

 candidates nominate in person on a no exceptions basis through removal of schedule 2 clause 5 of the Local Government Act 1989, which provides for nominations to be submitted via a third party


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Attachment 1: Electoral Review - Stage One Report Recommendations

 whether they are endorsed by a registered political party to stand in the local government election they wish to contest

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 a 200-word candidate statement (300 words for Melbourne City Council teams and groups). 23. The State Government legislate to limit the amount that each candidate may receive as a campaign donation from any individual or organisation to $1000, and that the threshold that triggers a conflict of interest for a sitting councillor because of a campaign donation be varied to above $1000. 24. Noting the specific election arrangements in the City of Melbourne, the limit for campaign donations to joint teams and groups at its elections be the number of candidates running in the relevant team or group multiplied by the donation threshold. 25. Any donation made directly to an individual in a joint team/group counts as a donation to that team/group and is subject to the cap.

Attachment 1

26. Candidates’ how-to-vote recommendations not be contained in the postal packs circulated by the VEC.

Chapter 3 – Caretaker period: overview Caretaker provisions exist to resolve the tension between the need for councils to continue carrying out core functions during the election period while avoiding decisions likely to bind the incoming council. Two problems persist under current arrangements:  caretaker provisions in the Local Government Act 1989 are interpreted differently by councils, increasing the risk that their implementation may be inconsistent, unpredictable and confusing for councillors, CEOs and the community  the requirement for CEOs to certify all publications during the caretaker period continues to cause confusion and create a burden for some councils. In this chapter, the Panel recommends that caretaker arrangements be codified to improve certainty, consistency and practicality in their application.

Recommendations The Panel recommends that: 27. The State Government amend the Local Government Act 1989 to codify good practices identified by the Local Government Investigations and Compliance Inspectorate (Inspectorate) to ensure clear and uniform boundaries for council decision making and activities during the caretaker period. 28. The caretaker provisions be expanded to suspend the issuing of non-essential council publications during the caretaker period. 29. The State Government remove the publication certification requirement placed on council CEOs during the caretaker period. 30. In order to ensure that councils are not adversely impacted by the new caretaker arrangements, the State Government look to amend legislation prescribing statutory planning timelines for local government to harmonise them with the restrictions on decision making during the caretaker period.

Chapter 4 – Elections: overview Chapter 4 deals with: 

the polling method for elections



how the many services required to execute an election are best delivered



how complaints may be handled more effectively and expeditiously.

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Item: 6.4

Attachment 1: Electoral Review - Stage One Report Recommendations

The Panel explored whether there may be merit in making the VEC the statutory election service provider. Arguments are made for legislating the VEC’s role as the statutory provider, underpinned by protections for councils against unreasonable escalation of election service costs. Recommendations are also made to establish a better integrated and more transparent complaints system as part of the VEC’s statutory role.

6.4

The case is made for the introduction of a uniform postal polling method to strengthen consistency, reduce confusion and engender greater confidence from voters in the polling method. Uniform postal voting is expected to raise participation and formality rates and reduce costs.

Recommendations The Panel recommends that:

32. The timeline for receiving a vote by post be broadly aligned with that which applies for Victorian state elections; that is, votes may be posted on or before the last Friday of voting and received by the VEC within five working days after the close of voting. 33. The State Government establish a statutory role for the VEC to conduct all local government elections under the Local Government Act 1989. 34. The State Government establish a pricing and service provision oversight role, potentially assigned to the Essential Services Commission (ESC), to ensure that prices and service standards are kept to a reasonable level. 35. The State Government include complaint handling, investigation and prosecution functions in establishing a statutory role for the VEC to conduct local government elections. 36. The VEC, as part of the in-person nomination process, reinforce to candidates their obligation to familiarise themselves and comply with the offences framework as defined by the Local Government Act 1989 and, in particular, to avoid actions that are likely to lead to breaches of sections 55A and 55. 37. The VEC, as part of its regime of briefings for candidates, encourage all candidates to undertake briefing sessions with peak bodies, designed to assist them to avoid behaviour that may undermine the standard of candidate conduct at the election or place them at risk of prosecution for breaches of electoral offences. 38. The VEC, as part of its statutory role, establish an advisory line for complainants, providing information to assist them in determining whether to proceed with a formal complaint.

Chapter 5 – After the elections: overview This chapter deals with the soundness of the functions for resolving matters in dispute following an election, including enforcement of compulsory voting and the validity of an election. The Panel considered the reinforcement of compulsory voting an important objective of this review. To this end, the Panel believes that the role of prosecution officer should move from the council CEO to be vested in the VEC, formalising the VEC’s role in non-voting enforcement in the legislation. The Panel considered it to be an anomaly that the VEC or its returning officer is not able, within current arrangements, to make an application to the Municipal Electoral Tribunal (MET) to initiate an inquiry into the validity of an election. Accordingly, the Panel recommends that the Local Government Act 1989 be amended to allow the returning officer (or the election service provider) to be able to make an application to the MET for an inquiry as required.

Recommendations The Panel recommends that:

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Attachment 1

31. The State Government adopt a uniform postal voting polling method for local government elections for 2016.


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Attachment 1: Electoral Review - Stage One Report Recommendations

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39. The role of the VEC as prosecutions authority be formalised as part of its statutory role and that the VEC assume this responsibility for all aspects of the prosecution process, including prosecution for failure to pay fines for failing to vote. 40. The VEC adopt a policy for prosecuting failures to vote for local government elections consistent with the application of this function for Victorian state elections under section 173 of the Victorian Electoral Act 2002.

41. The State Government introduce a provision into the Local Government Act 1989 to empower

Attachment 1

the returning officer (or the election service provider) to make an application to the MET to initiate an inquiry into the validity of a council election, if necessary.

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Item: 6.4

Attachment 2: Electoral Review - Stage Two Report Recommendations

This report comprises four chapters:  chapter 1 sets out the history of electoral structures  chapter 2 examines the current electoral system and institutional arrangements  chapter 3 explores options for improving the electoral system  chapter 4 discusses voting and ballot counting systems, the process for filling casual vacancies and councillor allowances.

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Structure of the report

Chapter 1 – Electoral structures – history and current settings: overview

The Local Government Act 1989 requires every council to undergo an electoral representation review at least every 12 years. The VEC is required to conduct the reviews. The purpose of an electoral representation review is to recommend:  a number of councillors and a ward structure that provides fair and equitable representation for voters  if the municipality is divided into wards, a ward structure that: o provides a fair and equitable division of the municipality o ensures that the councillor-voter ratios vary by less than 10 per cent from ward to ward. The Panel recognises that electoral structures should, in all cases, allow councillors to be accountable to the constituents who elected them, while enabling them to discharge their duties under the Local Government Act 1989.

Chapter 2 – Examination of the current system and institutional arrangements: overview The Panel concluded that the issue of councillor numbers should be addressed. Chapter 3 recommends an approach to councillor number determinations that would provide greater fairness and consistency in policy and its application. The Panel also concluded that decisions around ward structure should be addressed through statutory guidance on whether to divide a municipality into wards and in what ways. The range of matters to be considered and proposals for such guidance are outlined in chapter 3.

Chapter 3 – Options for the future: overview Chapter 3 outlines the Panel’s proposed reforms to representative structures. The Panel concluded that greater regulatory guidance would strengthen predictability, transparency and fairness for voters, councillors and participants. In pursuing this, the Panel was guided by several objectives. These were to:  ensure that the number of voters represented by each councillor is within 10 per cent of the average number of voters per councillor in the municipality  ensure that the quota to be achieved for election is the same for each candidate within the municipality in question  ensure that ward structures enable application of a ballot counting system recognised as fair and equitable by the Victorian and Commonwealth parliaments  ensure each council election has a single ballot counting system  provide councils of similar voter range with broadly consistent rates of representation.

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Attachment 2

The ratio of councillors to voters varies dramatically across Victoria. At the 2012 elections, the lowest ratio of 804 voters per councillor was in West Wimmera Shire Council, which contrasted dramatically with 15,411 voters per councillor in Casey City Council, the highest ratio in Victoria. Victoria has the second-lowest average number of councillors per head of population in Australia.


6.4

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Attachment 2: Electoral Review - Stage Two Report Recommendations

The Panel proposes to achieve these objectives by reducing the complexity in the process of assigning electoral structures by:  fixing the number of councillors for particular voter population ranges of each council  removing situations in which unequal quotas exist in different wards in the same municipality  reducing the range of possible structures the VEC may select  providing more guidance on the circumstances under which eligible structures should be applied  creating a clearer hierarchy of criteria for decision making in selecting the appropriate structure for each council.

Recommendations

Attachment 2

Proposed changes to legislation and ministerial direction 1.

The Panel believes that the transparency and consistency of the review process and its outcomes would be improved through changes to the current legislative provisions and through the provision of a ministerial direction to guide the task of the review authority.

2.

It is recommended that the legislation should provide for:  an increase in the upper limit of councillors to 15 and the provision for councils to have six, nine, 12 or 15 councillors, based on a simple distribution against voter numbers according to the ministerial direction proposed in recommendation 3  continuation of the ‘10 per cent rule’, which ensures that the councillorvoter ratio does not deviate outside of 10 per cent in any one ward from the average for that municipality  the inclusion of a new legislative trigger for the start of a representation review, where the review authority considers that the voter population has increased or decreased to such an extent that a change to councillor numbers is warranted  the discontinuation of the current practice of having ‘mixed wards’, where municipalities contain a mix of single-member wards and multi-member wards or a mix of non-uniform multi-member wards. In these municipalities, councillors in different wards face different quotas to be elected in the one council election. For those municipalities with both single- and multi-member wards, ballot counting systems also differ from one ward to the next. Under this recommendation, the fairness and consistency of the system would be strengthened by ensuring that candidates in each council election in the one municipality would require the same quota to be elected. Furthermore, each elected councillor would come to council having secured the same minimum level of community support.

3.

It is recommended that a ministerial direction provides for additional instruction on the following matters:  the fixing of councillor numbers based on a simple distribution relating to the number of voters in a municipality as follows: o councils with 6000 voters or fewer would have six councillors o councils with between 6001 voters and 40,000 voters would have nine councillors o councils with between 40,001 voters and 130,000 voters would have 12 councillors o councils with more than 130,000 voters would have 15 councillors  the fixing of the timeframe to be taken into account in each representation review to ensure that electoral structures are designed to meet the requirements of the electorate for the next two general elections after the

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Item: 6.4

Attachment 2: Electoral Review - Stage Two Report Recommendations

The Panel found that the consistency of the review process would benefit from the consistent application of an explicit range of considerations that are addressed in each review and that would inform the review authority’s consultation. The Panel recommends that to inform the evaluation of which electoral structure provides the best fit for a municipality, the review authority should consistently apply the following considerations:  communities of interest  municipality’s population, growth and geographic dispersal  accessibility of councillors to the community.

5.

The Panel recommends that the ministerial direction also includes guidance on the consideration of ward boundaries, based on factors contained in section 9(1) of the Electoral Boundaries Commission Act 19821, namely:  area and physical features of terrain  means of travel, traffic arteries, and communications and any special difficulties in connection therewith  community or diversity of interests.

6.

The Panel further recommends regular reviews of the ministerial direction to ensure, in particular, that the councillor number distribution remains appropriate over time in the face of significant population growth.

Community consultation 7.

In undertaking a representation review, the VEC should continue its existing community consultation approach of:  conducting preliminary consultations  calling for public submissions  preparing a preliminary report for public release containing: o the models (including maps) that were developed in meeting the legislated requirements o an explanation of how the boundaries of wards (for subdivided electoral structures) were developed o an explanation of the reasons certain electoral structures could not be developed o the VEC’s analysis of the strengths and weaknesses of the respective models that were developed  calling for public submissions on the preliminary report and allowing any person who makes a submission at this point to be heard in person.

Submission of a final report 8.

In completing a representation review, the VEC should also continue its existing approach of submitting a copy of a final report to the council and the Minister for Local Government recommending a preferred model not later than six months before the subsequent general election.

9.

The Panel recommends that the final report contains an analysis of community feedback received and how the VEC has given regard to the feedback in arriving at its recommended model, as is the VEC’s current practice.

1

Electoral Boundaries Commission Act 1982, Section 9(1) (Vic).

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Attachment 2

4.

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review. This would improve the consistency in modelling the options for community consultation purposes.


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Attachment 2: Electoral Review - Stage Two Report Recommendations

6.4

Chapter 4 – Voting and ballot counting, filling casual vacancies and councillor allowances: overview The Panel has taken the view that consistency between the voting systems in the Victorian local and state elections and at the federal level is of basic importance. Accordingly, it has not explored in detail the claims made by proponents of variations on these systems, other than looking at the first-pastthe-post and optional preferential systems, which were raised by participants in the course of consultations and submissions.

Recommendations

Attachment 2

10.

The Panel considers it important that the voting and ballot counting systems for local government elections are consistent with those used for federal and state elections to minimise voter confusion. In addition, being elected by the majority is an important feature of a fair electoral system. While first-past-the-post may make it easier for people to vote, it does not ensure that elected councillors in single-member wards have majority voter support. Accordingly, the Panel does not support the introduction of first-past-the-post for elections in single-member wards.

11.

The Panel believes that, should the State Government adopt the recommendations of the Victorian Electoral Matters Committee and introduce optional preferential voting for Victorian Legislative Assembly elections, it should also introduce it for voting in local government elections in single-member wards.

12.

The Panel believes that if the Senate moves to a partial preferential voting system for those voting below the line, thereby making the voting system consistent with that of the Victorian upper house, the State Government should also introduce partial preferential voting for local government elections in multi-member wards and unsubdivided councils.

13.

The Panel recommends that the countback process for multi-member elections be amended to include the valid votes cast by all voters at that election to identify the next candidate to fill a vacancy, should it arise. The exception to this arrangement is the City of Melbourne, where candidates run as part of a team or group. The legislation should also be amended to provide for a by-election when the replacement candidate declines or is ineligible or the vacancy is the second or subsequent since the previous election.

14.

In light of the concerns raised around councillor allowances, the Panel believes that the State Government should consider a review of councillor remuneration arrangements.

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Attachment 3: Local Government Electoral Review Banyule Submission

6.4

Item: 6.4

SUBMISSION TO THE LOCAL GOVERNMENT ELECTORAL REVIEW 2013

Banyule City Council welcomes the opportunity to make a submission to the Local Government Electoral Review. This is an important review which touches on many key matters that are fundamental to the integrity and democratic functioning of local government. Council agrees that these matters need review and possible reform in some areas to ensure the reputation of the local government sector is enhanced into the future, and bringing with it, increased community confidence in the sector. The views expressed in this submission were endorsed by Council at its meeting held on 21 October 2013. While there have been many issues and questions raised in the Local Government Electoral Review Discussion Paper, Banyule Council has focussed its submission on those areas that it believes will most impact on improved local government democracy and enhance the quality of representation for local communities. Overall, Council believes that the starting point for any reforms to the electoral system for local government in Victoria should be based on the models that apply for both State and Federal Governments. While it is acknowledged that there are differences in the way each of these levels operates, and need to operate, consistency of approach in government would circumvent a lot of the confusion and possible disinterest that many in the community currently experience. VOTERS Council generally supports the current voting entitlements and eligibility criteria for local government elections. It is considered appropriate that the State roll be the main basis for determining voter eligibility and that voting be compulsory for those on the State roll, including persons aged over 70. The current CEO’s roll should be by application only. This would eliminate any anomalies between those that receive automatic enrolment and those that can be enrolled by application. Voting should be compulsory for all those that are enrolled, as is the case with the City of Melbourne, whether this is through automatic enrolment or by application. Otherwise the effort in producing the CEO’s roll, in addition to the State roll, seems pointless. CANDIDATES With regard to candidate information, it is acknowledged that particularly in elections with large numbers of candidates contesting, increased and better information about the candidates will allow for more informed voting. However, any measures that are aimed at reducing the number of ‘dummy’ candidates will not only reduce the size of the contests but ORDINARY MEETING OF COUNCIL ON 20 OCTOBER 2014 Page 487

Attachment 3

OVERVIEW:


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Attachment 3: Local Government Electoral Review Banyule Submission

6.4

should make it easier for voters to choose between the genuine candidates. The focus therefore needs to be on addressing the ‘dummy’ candidate issue. Eligibility Council considers that the current eligibility requirement for candidates is appropriate, namely that the candidates must be on the State roll for the municipality they wish to contest. This requires them to be a resident of the municipality. Candidates Information

Attachment 3

One measure that could improve the quality of information about candidates is for a set template to be produced which candidates must complete and includes political party membership, contact details including address, community experience, qualifications, and other basic information. This information should be made available on the VEC website. No candidate statements or How to Vote cards should be printed by the VEC. While privacy may be a concern in relation to providing contact details, anyone prepared to enter into public life needs to be aware that their privacy will be impacted. ‘Dummy’ candidates in particular, will be dissuaded if a higher level of accountability and scrutiny is applied. Currently candidates are able to provide generic email addresses and PO Box details, which don’t even need to belong to them, therefore making it easier for the proliferation of ‘dummies’. Candidate Participation With regard to the question, “How significant is the issue of ‘dummy’ candidates?” Council believes that it is a significant issue particularly for councils where the proportional representation system is in use. Banyule Council has single wards, where the preferential system applies, and the issue of ‘dummy’ candidates is less of a problem. Council is in favour of the single ward structure, which is discussed further in this submission, and would recommend that as a measure for reducing the incidence of dummy candidates, that it be considered as the universal ward system for all councils. Candidates are currently required to enrol in person and it is important that this practice continue. It should be supplemented with a more rigorous interview process by the VEC, and an increase in the application fee to $500. Additionally, the payment of the fee should be by personal credit card or cheque, no cash allowed. This would create additional effort for non-genuine candidates, who would rather not use their own credit cards or bank accounts, which would mean waiting to be reimbursed by the persons who are using them as ‘dummy’ candidates. Further, to filter the real candidates from those that are not so serious, all candidates should be required to attend compulsory basic induction training pre-application. Also, consideration should be given to reviewing the current arrangements for application fee refunds. This could perhaps be increased to candidates obtaining at least 10% of first preference votes. Campaign Donations and Caretaker Period Council considers that the current caretaker period provisions and the policies that councils put in place to govern this period, are more than satisfactory and work well. It also supports the current requirements for campaign donations and the disclosure of such donations. It is not necessary for any group to be banned from making donations as long as the disclosures ORDINARY MEETING OF COUNCIL ON 20 OCTOBER 2014 Page 488


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Attachment 3: Local Government Electoral Review Banyule Submission

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are occurring. Council again reiterates that the rules should be consistent with those that apply for the other levels of government. ELECTIONS Polling method

With attendance voting, the option of postal and pre-poll voting is still available to voters. Pre-poll voting should however, be confined to 2 weeks prior to the election date, as it is very onerous on candidates wishing to attend to pre-poll centres. To make it easier for voters over the age of 70 to vote, particularly if it was made compulsory for this age group, postal voting should be automatically provided for persons aged over 70. It would be preferable if the voting system was consistent across local government to avoid confusion. To reduce the incentive for using ‘dummy’ candidates for the purpose of distributing preferences, it is considered that optional preferential voting would be a good system whereby voters can choose to select one or more candidates of their choice. Complaints handling Council considers that there needs to be further restrictions on how to vote cards. There should be a limit of 2 per candidate allowed to be approved, and only persons who are candidates should be allowed to produce how to vote cards. More guidelines and restrictions need to be developed and enforced in relation to authorising electoral material on social media. Social media does present some interesting challenges. For example, how can electoral material be authorised on Twitter? Consideration may need to be given to banning it altogether. Any restrictions though should be consistent with what applies for State and Federal elections. There needs to be tighter rules about the truthfulness of information provided by candidates and deceptive campaign material should attract hefty penalties. Where possible, complaints handling should occur within 24 hours and the results should be published on the VEC website. Council considers that while candidates can be members of a political party, there should be no party endorsement allowed in local government. This includes party involvement in campaigns, or endorsement and printing of electoral material. AFTER THE ELECTIONS There is much to learn and take in as a new councillor, any one privileged enough to be elected to represent their community, owes it to that community to become informed and educated in the role of councillor and to understand the key issues facing their municipality. It is critical that every new councillor attend induction training and this should be made mandatory. ORDINARY MEETING OF COUNCIL ON 20 OCTOBER 2014 Page 489

Attachment 3

Banyule Council is one of the few councils that continues to use attendance voting as its polling method and strongly believes that councils should be able to retain the ability to choose the polling method. If there is to be only one method available to local government, then Council would argue very strongly that this should be attendance voting, consistent with State and Federal government elections. It is very confusing for voters to have different systems in operation, not only across local governments in other states, but between the different levels of government.


Item: 6.4

Attachment 3: Local Government Electoral Review Banyule Submission

6.4

ELECTORAL REPRESENTATION Council considers that the holding of an Electoral Representation Review should continue to be performed by the VEC and held every 12 years, with perhaps more frequent reviews for the larger growth councils. The minimum number of councillors should be increased from 5 to 7, and the maximum reduced from 12 to 11. Banyule Council believes that at 7 councillors it has the right level of representation and the dynamics work very effectively at that number.

Attachment 3

In relation to ward structure, Banyule Council argues that single wards offer the best and fairest level of representation for the community. It is simple for the community to understand, and easy for them to know who to turn to for representation of their issues.

Cr. Wayne Phillips Mayor

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Attachment 1: Income and Expenditure Graphs - September 2014

Attachment 1

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Attachment 1

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Attachment 1: Income and Expenditure Graphs - September 2014


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Attachment 2: Profit and Loss Summary - September 2014

Attachment 2

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Attachment 3: Capital Works & Initiatives Report - September 2014

Attachment 3

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Attachment 3: Capital Works & Initiatives Report - September 2014

Attachment 3

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Attachment 3: Capital Works & Initiatives Report - September 2014

Attachment 3

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