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Agenda Monday, 24 June 2019 Ordinary Meeting of Council Olympia, Hawdon & Ibbott Rooms Level 4, 1 Flintoff Street, Greensborough - Council Meeting commencing at 7.00pm - Public Question Time commencing at the conclusion of the Council Meeting

OC 24062019 AGN - banyule.vic.gov.au · 6/24/2019  · 3.1 ART ACQUISITION RECOMMENDATION 2018/19 Author: Steph Neoh - Art Curator, City Development EXECUTIVE SUMMARY The Banyule

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Page 1: OC 24062019 AGN - banyule.vic.gov.au · 6/24/2019  · 3.1 ART ACQUISITION RECOMMENDATION 2018/19 Author: Steph Neoh - Art Curator, City Development EXECUTIVE SUMMARY The Banyule

Agenda

Monday, 24 June 2019

Ordinary Meeting of Council

Olympia, Hawdon & Ibbott Rooms

Level 4, 1 Flintoff Street, Greensborough

- Council Meeting commencing at 7.00pm

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

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Ordinary Meeting of Council - 24 June 2019 Page 2

Acknowledgement of the Traditional Custodians “Banyule City Council is proud to acknowledge the Wurundjeri Woi-wurrung people as traditional custodians of the land and we pay respect to all Aboriginal and Torres Strait Elders, past, present and emerging, who have resided in the area and have been an integral part of the region’s history.”

Apologies and Leave of Absence

Confirmation of Minutes Ordinary Meeting of Council held 3 June 2019

Disclosure of Interests

1. Urgent Business

REPORTS:

2. Petitions

Nil

3. People – Community Strengthening and Support

3.1 Art Acquisition Recommendation 2018/19 .................................... 5

4. Planet – Environmental Sustainability

4.1 Power Purchase Agreement - Renewable Energy and Large-scale Generation Certificates ................................................................. 9

4.2 Banyule Environment Advisory Committee Realignment ............ 12

5. Place – Sustainable Amenity and Built Environment

5.1 Planning Scheme Amendment C124 - Exhibition Outcome ........ 17 5.2 Planning Scheme Amendment C152 - Panel Report .................. 25 5.3 North East Link Public Environment Report (PER) and

Environment Effects Statement (EES) Submission ..................... 28

6. Participation – Community Involvement in Community Life

Nil

7. Performance - Use Our Resources Wisely

7.1 Procurement Policy ..................................................................... 35 7.2 Adoption of Banyule's Council Plan 2017-2021 (Year 3) ............. 40 7.3 Adoption of Banyule City Council's Budget 2019/2020 ................ 48 7.4 Contract 0978-2019 for Supply, Installation & Maintenance of

Health & Fitness Equipment (Cardio & Spin Cycles) for Ivanhoe Aquatic Centre ............................................................................ 61

7.5 Contract 0981-2019 for Swimming Pool Plant Preventative & Reactive Maintenance ................................................................ 67

7.6 Contract No. 0984-2019 for the Provision of Transactional Banking Services ...................................................................................... 71

7.7 Assembly of Councillors .............................................................. 75

8. Sealing of Documents

Nil

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Ordinary Meeting of Council - 24 June 2019 Page 3

9. Notices of Motion

Nil

10. General Business

Public Question Time

Closure of Meeting

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

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

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

The next Ordinary Meeting of Council will be held on Monday, 15 July 2019.

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People – Community Strengthening and Support

Ordinary Meeting of Council - 24 June 2019 Page 5

3.1 ART ACQUISITION RECOMMENDATION 2018/19

Author: Steph Neoh - Art Curator, City Development

EXECUTIVE SUMMARY

The Banyule Art Collection was formed after the amalgamation of the Diamond Valley Art Collection and the Heidelberg Art Collection in 1994 following the amalgamations of the City of Heidelberg and the Shire of Diamond Valley.

The Art Collection Policy 2017 – 2021 provides the strategic direction and selection process for new acquisitions. Council has a budget allocation of $15,000 for art acquisition within the 2018/19 year.

This recommendation follows the process as set out in the above policy and meets the specific objective of collecting artworks that engage with the widest possible audience within the City of Banyule and beyond through the visual arts.

It is recommended that Council approve the acquisition of artwork by a young Aboriginal artist, Ryan Presley.

Acquisition of this artwork will raise the profile of both the Banyule Art, and add to Banyule’s portfolio of exemplary contemporary Indigenous art.

RECOMMENDATION

That Council:

1. Approve the total acquisition cost of $15,000 (including freight) for the artwork Blood Money - Infinite Dollar Note - Fanny Cochrane Smith Commemorative (2018) by Ryan Presley.

2. Write to the Banyule Arts and Cultural Advisory Committee and thank them for their significant contribution to the acquisition process.

COUNCIL PLAN

This report is in line with Banyule’s Council Plan key direction to “Enhance quality of life and connection through arts and culture”.

BACKGROUND

The Banyule Art Collection was formed after the amalgamation of the Diamond Valley Art Collection and the Heidelberg Art Collection in 1994 following the amalgamations of the City of Heidelberg and the Shire of Diamond Valley.

The Banyule Art Collection currently comprises 504 works, valued in 2016 at $1.5 million.

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People – Community Strengthening and Support

ART ACQUISITION RECOMMENDATION 2018/19 cont’d

Ordinary Meeting of Council - 24 June 2019 Page 6

The objectives of the Art Collection Policy is to:

To facilitate access to the collection via interpretative activities such as exhibitions, which further the education and understanding of the Banyule Art Collection and contemporary art by the local community.

To enrich the existing collection by maintaining its growth and development through an ongoing program of acquisitions.

To enhance public spaces within the Banyule municipality and develop community wellbeing through the arts.

To engage with the widest possible audience within the City of Banyule and beyond through the visual arts.

To develop, manage, conserve and display the collection to the highest museum standards possible for the benefit of the present and future Banyule community.

LEGAL CONSIDERATION

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

HUMAN RIGHTS CHARTER

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

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

FUNDING IMPLICATIONS

Council has a budget allocation of $15,000 for art acquisition within the 2018/19 year.

POLICY IMPLICATIONS

The Art Collection Policy 2017 – 2021 provides guidance on the management of the Banyule Art Collection including new acquisitions, conservation, research, interpretation and display. The Policy outlines the acquisition guidelines:

Preference will be given to works:

That contribute to the ‘most recent ideas and theories’ in contemporary art

practice.

That consolidate and enrich the existing collection as a whole or which expand the range of representation of art forms or artists within the collection.

Only original works will be collected or editions where these are limited, signed and numbered by the artist.

Only works of quality and innovation including emerging and innovative art forms will be considered.

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People – Community Strengthening and Support

ART ACQUISITION RECOMMENDATION 2018/19 cont’d

Ordinary Meeting of Council - 24 June 2019 Page 7

Acquisitions will be determined on the basis of budget, public safety, display, storage and transport imperatives and interpretative possibilities at the time of acquisition.

Acquisitions will be made in consideration of relevant laws, policies and guidelines.

The recommended acquisitions have been identified in accordance with the Art Collection Policy 2017 – 2021.

CONSULTATION

The artwork recommended for acquisition has been selected after discussion of a detailed ‘Submission for Acquisition’ report with the Art Collection Working Group and subsequent presentation to the Banyule Arts and Cultural Advisory Committee(BACAC). The Proposal for Acquisition report is included in Attachment One.

The recommendation for the acquisition of the works was made at the meeting of BACAC on 4 June 2019. Minutes of that meeting and the Art Collection Working Group are contained in Attachments Two and Three. The recommended collection is from a young Aboriginal artist, Ryan Presley whose reputation is greatly increasing. Acquisition of this artwork will raise the profile of both the Banyule Art Collection, and add to our portfolio of exemplary contemporary Indigenous art.

TIMELINES

Should Council approve the recommendation, the acquisition will be completed by 30 June 2019.

OFFICER DECLARATION OF CONFLICT OF INTEREST

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

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

CONCLUSION

This is an opportunity to acquire a work of art which is highly sought after, by a young Aboriginal artist whose reputation is greatly increasing. Acquisition of this artwork will raise the profile of both the Banyule Art, and add to our portfolio of exemplary contemporary Indigenous art.

The Banyule Arts and Culture Advisory Committee and its Art Collection working group were intimately engaged with the selection process of the recommended acquisition and the proposed work will further enhance The Banyule Art Collection.

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People – Community Strengthening and Support

ART ACQUISITION RECOMMENDATION 2018/19 cont’d

Ordinary Meeting of Council - 24 June 2019 Page 8

ATTACHMENTS

No. Title Page

1 Art Acquisition Recommendation

2 Art Collection Working Group Meeting Minutes

3 Banyule Arts and Culture Advisory Committee BACAC - Meeting Minutes - June 2019

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Planet – Environmental Sustainability

Ordinary Meeting of Council - 24 June 2019 Page 9

4.1 POWER PURCHASE AGREEMENT - RENEWABLE ENERGY AND LARGE-SCALE GENERATION CERTIFICATES

Author: Robert Powell - Energy Efficiency Officer, City Development

Previous Items Council on 25 Feb 2019 7.00pm (Item 4.2 - Power Purchase Agreement (PPA) -

Renewable Energy)

EXECUTIVE SUMMARY

Banyule City Council has historically purchased a small percentage of Green Power from renewable sources to help reduce its annual greenhouse gas (GHG) emissions and align with its strategic commitment to achieve carbon neutrality.

In Feb 2019, Council requested the opportunity to participate in the EAGA PPA (now known as the VGA LG PPA). This opportunity has now opened.

Banyule has also committed to the Procurement Australia PPA and will specify the purchase (and retiring) of the equivalent amount of Large-scale Generation Certificates (LGCs) to ensure this purchase is considered as a zero emission source.

RECOMMENDATION

That Council endorse the commitment to:

Participate in the upcoming Victorian Greenhouse Alliance Local Government Power Purchasing Agreements at a cost of $35,000

Purchase and retire 100% of the Large-scale Generation Certificates generated through the Procurement Australia Power Purchasing Agreement at a cost of approximately $4,500 (TBC).

COUNCIL PLAN

This report is in line with Banyule’s Council Plan key direction to “Lead in planning for, and responding to climate change”.

BACKGROUND

Banyule City Council has historically purchased a small percentage of Green Power from renewable sources to help reduce its annual greenhouse gas (GHG) emissions and align with its strategic commitment to achieve carbon neutrality.

Whilst the recent Climate Action Package declared at Council’s 10 December 2018 meeting will significantly reduce Banyule’s overall emissions, additional work will be needed to achieve its emissions reduction target.

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Planet – Environmental Sustainability

POWER PURCHASE AGREEMENT - RENEWABLE ENERGY AND LARGE-SCALE GENERATION CERTIFICATES cont’d

Ordinary Meeting of Council - 24 June 2019 Page 10

Power Purchasing Agreements (PPA) are one way that Banyule is able to continue to manage its Greenhouse Gas (GHG) emissions in the short to medium term.

A PPA is an agreement between an independent power generator and a buyer for the sale of energy. They are commonly used to secure large amounts of renewable energy, such as solar or wind.

Large-scale Generation Certificates (LGCs) are produced by generators of renewable energy and Council must purchase and retire these LGCs to ensure that this energy is certified as being zero emissions.

At its 25 Feb 2019 meeting, Council resolved to:

1. Endorse the Procurement Australia Power Purchasing Agreement (PPA) for the purchase of Renewable Energy for the contract period 2021-2030

2. Officially request the opportunity to participate in the EAGA Power procurement contract along with the 39 other Councils already participating.

LEGAL CONSIDERATION

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

HUMAN RIGHTS CHARTER

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

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

CURRENT SITUATION

Council budgets an annual amount for Green Power to offset some of the GHG emissions from street lights. This is approximately equivalent to 10% of Council’s street light electricity use and this budget allocation has been in place for some years.

At its 10 December 2018 meeting, Council reconfirmed its commitment to acting on Climate Change, establishing a target to achieve carbon neutrality by 2028 and endorsing a $5M Climate Change Action Package.

FUNDING IMPLICATIONS

Funding in participation in both PPAs are listed below. Participation in the upcoming Victoria Government PPA - $35,000 The purchase and retire of 100% of the LGCs generated through the

Procurement Australia PPA - approx $4,500 (TBC). These unallocated costs can be funded through the Climate Action Package.

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Planet – Environmental Sustainability

POWER PURCHASE AGREEMENT - RENEWABLE ENERGY AND LARGE-SCALE GENERATION CERTIFICATES cont’d

Ordinary Meeting of Council - 24 June 2019 Page 11

TIMELINES

Organisation Decision Date Amount or CostPA Banyule to purchase

and retire 100% LGCs 7 July 2019

To be finalised in 2019/20 FY – $4,500 (estimated).

VGA Commit to joining VGA LG PPA

26 July 2019

$35,000 (to be paid in the 2019/20 FY)

OFFICER DECLARATION OF CONFLICT OF INTEREST

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

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

CONCLUSION

The historical purchase of Green Power through a retailer has secured reductions in Council’s GHG emissions over a number of years. However, this has been subject to price rises on an ad hoc basis and future price rises cannot be predicted with any accuracy.

The purchase of Green Power through the two PPA’s will secures a fixed price over a medium-term period, whilst providing support and growth of renewable energy.

ATTACHMENTS

Nil

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Planet – Environmental Sustainability

Ordinary Meeting of Council - 24 June 2019 Page 12

4.2 BANYULE ENVIRONMENT ADVISORY COMMITTEE REALIGNMENT

Author: Ellie Hall - Environmental Sustainability Officer, City Development

EXECUTIVE SUMMARY

The Banyule Environment Advisory Committee (BEAC) currently operates separately to other Banyule Advisory Committees.

Following a review of the way that BEAC operates it is considered that BEAC should be brought into alignment with other Banyule Advisory Committees. In doing so, the current BEAC should be dissolved at the October meeting, with the first meeting of the realigned committee occurring in December 2019.

The new BEAC will consist of: Up to 4 community members (individuals) Up to 4 community group representatives (Transition Town/Friends

of/Neighbourhood Houses) Up to 4 professional representatives (Commercial/Industrial,

Universities/Schools, Transport Authorities, Waste Industry) A Council officer (administration support) A Councillor (Chair)

This will ensure a wide variety of stakeholders from across the municipality are able to input into environmental discussions. It will also allow effective communication between community stakeholders and Council as Banyule’s Climate Action Project is progressed.

RECOMMENDATION

That

1. The existing Banyule Environment Advisory Committee membership be maintained until October this year at which time the current membership should be dissolved and a new membership commence from December 2019 for an initial 1 year term.

2. The Banyule Environment Advisory Committee be aligned with all other Banyule Advisory Committees to:

a) Amend the terms of reference, specifically to include professional and community group representatives

b) Move to bi-monthly 1.5 hour meetings

c) Include a Councillor as Chair, and;

d) Recruit biennially, taking advantage of the Banyule Committee member induction.

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Planet – Environmental Sustainability

BANYULE ENVIRONMENT ADVISORY COMMITTEE REALIGNMENT cont’d

Ordinary Meeting of Council - 24 June 2019 Page 13

3. The Terms of Reference should be amended and updated in accordance with 2 above for endorsement by Council and commencement of a newly appointed membership in December 2019.

COUNCIL PLAN

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

BACKGROUND

Under the current terms of reference (attached) the Banyule Environment Advisory Committee (BEAC) consists of up to ten members, comprising;

8 community members who live, work or study in Banyule 1 Councillor, and if required, a deputy appointed by Council 1 Council officer to provide administrative support and operational advice.

Other Council officers may attend meetings as required.

The term for community members is 2 years, with half the committee (4 members) retiring each year in June. The committee meets once a month for 2 hours.

In February 2019 a recruitment drive was undertaken for 4 new members, resulting in 23 nominations; the highest number of applications received for an advisory committee. 4 high quality candidates were selected who represent knowledge and expertise in Council’s Planet priority areas.

The recruitment phase provided an opportunity to review BEAC and align it with Banyule’s other advisory committees. The alignment with other Banyule committees will allow BEAC to engage more robust community representation including important stakeholders such as professional and community group representatives.

Bringing BEAC into alignment

Following a review of the way that BEAC operates it is considered that BEAC should be brought into alignment with other Banyule Advisory Committees. This would be achieved by undertaking the following steps:

Amend the Terms of Reference, specifically to include professional and community group representatives.

Move to bi-monthly meetings of 1.5 hours in duration, reducing administrative burden and ensuring strategic engagement can be achieved.

Include a Councillor as Chair. Recruit biennially in line with other Banyule Committees and taking advantage

of the Banyule Committee member induction.

These changes will ensure BEAC can play an effective role in advising Council on environmental issues.

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Planet – Environmental Sustainability

BANYULE ENVIRONMENT ADVISORY COMMITTEE REALIGNMENT cont’d

Ordinary Meeting of Council - 24 June 2019 Page 14

Importantly, the realinged BEAC will consist of a broader range of members from across the municipality, which is particularly important for Council’s climate action work. Members will include:

Up to 4 community members (individuals) Up to 4 community group representatives (Transition Town groups/ Friends

of/Neighbourhood Houses) Up to 4 professional representatives (Commercial/Industrial,

Universities/Schools, Transport Authorities, Waste Industry etc.) 1 Council officer (administration support) 1 Councillor (Chair).

It is proposed that the realigned BEAC will commence December 2019.

Steps to achieve this change

September 2019: Recruitment for expanded BEAC October 2019: Final meeting with current BEAC members November 2019: New Terms of Reference developed for Council endorsement December 2019: New BEAC to commence for a 1 year term. November 2020: Recruitment for all Banyule Committees, with induction

February 2021. Here BEAC aligns completely with all other committees for 2 year terms.

LEGAL CONSIDERATION

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

HUMAN RIGHTS CHARTER

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

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

OFFICER DECLARATION OF CONFLICT OF INTEREST

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

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

CONCLUSION

It is considered that BEAC is aligned with other Banyule Advisory Committees to ensure we have equal representation from a range of community stakeholders. This realignment will ensure BEAC continues to be a professional, effective and respected entity.

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Planet – Environmental Sustainability

BANYULE ENVIRONMENT ADVISORY COMMITTEE REALIGNMENT cont’d

Ordinary Meeting of Council - 24 June 2019 Page 15

ATTACHMENTS

No. Title Page

1 Banyule Environment Advisory Committee Current Terms of Reference

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Place – Sustainable Amenity and Built Environment

Ordinary Meeting of Council - 24 June 2019 Page 17

5.1 PLANNING SCHEME AMENDMENT C124 - EXHIBITION OUTCOME

Author: Nicola Rooks - Strategic Planner, City Development

Previous Items Council on 11 Dec 2017 7.15pm (Item 5.7 - Public Open Space Amendment C124

and Omnibus Banyule Planning Scheme Amendment C114)

EXECUTIVE SUMMARY

Planning Scheme Amendment C124 Public Open Space Zoning Corrections proposes to rezone 155 properties within Banyule. The Amendment ensures Council’s parks and reserves are correctly zoned for public open space. The Amendment also considers a small number of properties with a current open space zoning that does not match their current or intended use.

Public exhibition for Amendment C124 occurred from 7 February 2019 to 22 March 2019. Council received a total of nine submissions, six in support and three raising issues with the amendment. Two of these submissions raising concerns have since been withdrawn.

As the remaining opposing submission relates to just one property it is appropriate for the Amendment to be split into two parts. This allows the majority of the Amendment, to be included in Part 1, to be progressed without delay and submitted to the Minister for Planning for approval.

The opposing submission relates to the land at the rear of 7a Curzon Street, Ivanhoe can then be included in Part 2 of the Amendment. A small section of Council owned land at the rear of 7a Curzon Street, Ivanhoe is proposed to be rezoned to residential in order to facilitate its potential sale. If, after discussions, the opposing submission cannot be resolved, referral to an independent Planning Panel for Amendment C124 Part 2 is appropriate. In order for Part 2 of the Amendment to progress, planning scheme amendment fees should to be paid to Council and are required to be paid to the Minister for Planning.

RECOMMENDATION

That Council:

1. Notes that public exhibition of Banyule Planning Scheme Amendment C124 is now complete and no further submissions can be received.

2. Receive and note the nine submissions to Amendment C124 as shown in the table at Attachment 2.

3. Split Planning Scheme Amendment C124 into two parts:

a) Part 1, the Amendment as exhibited excluding the land at the rear of 7a Curzon Street, Ivanhoe

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Planet – Environmental Sustainability

BANYULE ENVIRONMENT ADVISORY COMMITTEE REALIGNMENT cont’d

Ordinary Meeting of Council - 24 June 2019 Page 18

b) Part 2, the section of land at the rear of 7a Curzon Street, Ivanhoe as specified in the exhibited Amendment.

4. Adopt Banyule Planning Scheme Amendment C124 Part 1 as exhibited and submit to the Minister for Planning for approval.

5. Undertake discussions with the opposing submitter seeking to resolve outstanding issues in relation to Amendment C 124 Part 2.

6. Request that the Minister for Planning appoint a Planning Panel to consider any unresolved submissions to Amendment C124 Part 2 once the proponent has paid the appropriate fee to progress the matter.

COUNCIL PLAN

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

BACKGROUND

Council resolved to seek authorisation to commence Planning Scheme Amendment C124 to the Banyule Planning Scheme on 11 December 2017.

Amendment C124 Public Open Space Zoning Corrections, proposes to rezone various parcels of land throughout Banyule. The Amendment has two objectives:

1. ensure land being used as public open space is correctly zoned (i.e. parks and reserves)

2. ensure land that has an open space zoning but is not being used as open space is appropriately zoned

Authorisation to prepare the Amendment was applied for on 14 June 2018. Following consideration by the Department of Environment, Land, Water and Planning (DELWP), the Minister for Planning granted authorisation to commence Amendment C124 on 30 October 2018.

A number of small changes were made to Amendment C124 after the Council Report seeking authorisation on 11 December 2017. Further review of the amendment in preparation for authorisation resulted in some items being removed and newly identified items being included. In addition, some items that could not be progressed through Amendment C114 (Fix-up Amendment) were included in Amendment C124.

The Amendment applies to 155 individual properties across the municipality. A full list of properties included in the amendment is available in the Explanatory Report at Attachment 1. In summary the amendment as exhibited proposes to:

Rezone or partially rezone 142 Council parks and reserves from various zones to Public Park and Recreation Zone (PPRZ) and Public Conservation and Resource Zone (PCRZ)

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Place – Sustainable Amenity and Built Environment

PLANNING SCHEME AMENDMENT C124 - EXHIBITION OUTCOME cont’d

Ordinary Meeting of Council - 24 June 2019 Page 19

Rezone or partially rezone three Council owned properties from PPRZ and PCRZ to Neighbourhood Residential Zone 3 that are proposed for sale and require rezoning to be consistent with future land use.

Remove a restrictive covenant and reservation status from a section of Council owned land proposed for sale.

Partially rezone five properties that adjoin Council owned land to correct anomalies identified as a consequence of the rezoning of Council land

Rezone two electricity supply reserves from PPRZ to Public Use Zone 1 (Service & Utility)

Rezone three parcels incorrectly zoned PPRZ to correct anomalies and ensure zoning is consistent with use

LEGAL CONSIDERATION

Planning Scheme Amendments are governed by Part 3 of the Planning and Environment Act 1987.

Services provided by planning and responsible authorities under the Planning and Environment Act 1987 attract fees in accordance with the Planning and Environment (Fees) Regulations 2016. Circumstances in which a Planning Authority may waive a fee relating to an amendment of the planning scheme is included in Section 19 of the Regulations. If a planning authority wholly or partly waives a fee, the matters taken into account and which form the basis of the decision must be recorded in writing.

HUMAN RIGHTS CHARTER

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

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

CONSULTATION

Amendment C124 was on public exhibition from 7 February to 22 March 2019. Consultation included:

Direct notice to affected landowners and occupiers, including approximately 4,100 letters and an accompanying fact sheet

Direct notice to public authorities, adjoining Councils, prescribed Ministers, State and Federal Members of Parliament

Sign on site outside 7a Curzon Street, Ivanhoe in accordance with section 19(2A) of the Planning and Environment Act 1987

Information on Council’s website and on Shaping Banyule including an online submission form

Notice in the Heidelberg Leader on 5 February 2019 and Diamond Valley Leader on 6 February 2019

Notice in the Government Gazette on 7 February 2019 Information at Council’s Greensborough office

In addition, Council responded to the following enquiries seeking further information and clarification on the Amendment during the public exhibition period:

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Planet – Environmental Sustainability

BANYULE ENVIRONMENT ADVISORY COMMITTEE REALIGNMENT cont’d

Ordinary Meeting of Council - 24 June 2019 Page 20

25 in person enquiries at Council’s Greensborough office 45 phone calls 9 emails 3 letters

SUBMISSIONS

Council received a total of nine submissions to Amendment C124, six in support and three raising issues with the amendment. Of the three submissions raising issues with the amendment, two have been resolved and subsequently withdrawn. One submission opposing the amendment remains.

A detailed summary of submissions and Council’s response is provided at Attachment 2. The following is a general summary of comments made:

In support of the amendment: In reference to Amberley Way, Lower Plenty, support keeping the land in its

natural form as a bushland area with native birds and animals In reference to Winsor Reserve, Greensborough, the change from residential to

parklands should help to preserve the boundaries of the park and access from the nearby court

In reference to The Boulevard Reserve, Ivanhoe East, pleased it will be confirmed as open space, in an area that is increasingly built up it provides a space that gives a relaxed, refreshing sense of openness in the streetscape

Re-zoning of these green areas from residential to recreational will ensure that they remain green and their important physical and mental health benefits, climate change mitigation, wildlife habitat and wildlife corridors are maintained.

The one opposing submission to the amendment relates to the proposed rezoning of a section of land at the rear of 7a Curzon Street, Ivanhoe from Public Conservation and Resource Zone to Neighbourhood Residential Zone 3 and the removal of restrictive covenant and reserve status. The issues raised in the submission include:

Opposing the future sale of the land facilitated by the Amendment, is against the rezoning and sale of parkland for private use

Council should not enable the owner to extend their backyard into public land particularly after moving earth onto the reserve to build up the ground level

DISCUSSION

In accordance with Section 23(1) of the Planning and Environment Act 1987, Council is required to review submissions and consider whether to:

change the amendment in the manner requested; or refer the submission to a panel appointed under Part 8; or abandon the amendment or part of the amendment.

The rezoning and sale would impact negatively on neighbours views, amenity and privacy

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The comments made in support of the amendment are noted and do not require any change to the amendment.

Given that the submission opposing the Amendment relates specifically to the section of land at the rear of 7a Curzon Street, Ivanhoe there is an opportunity to split the Amendment into two parts. This ensures the majority of the amendment applying to 154 of the 155 properties affected by the Amendment can be progressed without referral to a planning panel.

Amendment C124 Part 1 Amendment C124 Part 1 will include the Amendment as exhibited excluding the land at the rear of 7a Curzon Street, Ivanhoe. As there are no unresolved submissions to Part 1 of the Amendment it can be adopted and submitted to the Minister for Planning for approval.

Amendment C124 Part 2Amendment C124 Part 2 will comprise the section of land at the rear of 7a Curzon Street, Ivanhoe as shown hatched in Figure 1. The opposing submission strongly opposes the proposal to rezone and sell this land and is unlikely to be resolved. If the submission remains unresolved, Part 2 of the Amendment should be referred to an independent Planning Panel.

Figure 1: The section of land at the rear of 7a Curzon Street, Ivanhoe shown hatched

The property at 7a Curzon Street, Ivanhoe was created as part of a land exchange with Banyule Council that was finalised after a long process in March 2014. This enabled Council to gain ownership over a section of parkland that abutted Darebin Creek and the land at 7a Curzon Street, Ivanhoe was created through subdivision and rezoned to residential to enable its sale.

At the time the subdivision was certified in November 2013, the rear boundary of 7a Curzon Street aligned with the fence lines of the abutting properties. It is noted that the rear fences to the properties to the north of 7a Curzon Street are not located on title boundaries. This is due to the land falling away steeply towards Darebin Creek. Since the subdivision and sale of 7a Curzon Street, the rear fence of 9 Curzon Street

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has been extended towards Darebin Creek, whilst remaining within their legal property boundary. The current fence line can be seen in the aerial photo at Figure 2.

Figure 2: January 2019 aerial photo of the rear of 7a & 9 Curzon Street, Ivanhoe, red line denotes property boundaries

The owners of 7a Curzon Street currently occupy the section of Council owned land shown hatched in Figure 1 under a licence agreement with Council. Because of its location and the steep topography, it is not practicable for Council to safely access and regularly maintain the land. The licencing and potential sale of the land may present efficiencies for Council in this regard. The owners of 7a Curzon have now sought to purchase the section of land currently licenced. In order to facilitate the potential sale the land should be rezoned to residential.

The owners of 7a Curzon will be the beneficiary of a rezoning and sale of the land and are the lead party who has approached Council to instigate the purchase. Accordingly, they would generally be expected to prepare and submit a stand-alone ‘proponent led’ Planning Scheme Amendment for Council consideration. However, as Council was pursuing Amendment C124 at the same time, this proposal was included in the Amendment to achieve resource efficiencies. Splitting the Amendment and including the land in Part 2 of the Amendment ensures the proposal is pursued from this point forward as a proponent led stand-alone amendment.

The Planning and Environment (Fees) Regulations 2016 sets out fees required for planning scheme amendments. Fees are to be paid by the person requesting the amendment and are summarised below in relation to Amendment C124 Part 2. Planning Panel expenses are also applicable.

Applicable fees to progress C124 Part 2 are included below.

Stage Stage of Amendment Fee * Paid to Payment 1 To consider a request

to amend a planning scheme

206 fee units ($2,976.70)

Council Not applied as the application for rezoning was included in Council’s C124 Amendment

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2 To consider submissions which seek a change to the Amendment (up to 10 submissions), provide assistance to panel, make a submission to panel, consider the panel’s report

1021 fee units ($14,753.50)

Council Proponent to cover cost. To be paid before Council considers submission

3 To adopt the Amendment

32.5 fee units ($469.60)

Council Proponent to cover cost. To be paid before Council adopts amendment

4 For the Minister of Planning to consider a request to approve the Amendment

32.5 fee units ($469.60)

The Minister

Proponent to cover cost. To be paid at the time Council submits to the Minister for approval

Panel Costs

Costs and expenses incurred by Panel in carrying out its functions in line with section 156 of the Planning and Environment Act 1987

To be advised. Dependant on factors such as panel members and length of hearing.

PPV Proponent to cover cost. Council will pass on the costs to the proponent upon receiving an invoice from Planning Panels Victoria.

* The value of a fee unit for the 2018-19 financial year is $14.45. The amount in brackets is

calculated for the 2018-19 financial year.

These fees are designed to cover Council’s costs in progressing Planning Scheme Amendments and reflect the significant amount of time and resources required to prepare for a planning panel. Time spent on proponent amendments can affect delays to Council’s other strategic planning projects.

For Council to progress Part 2 of the Amendment the fees outlined above should be paid by the proponent.

OFFICER DECLARATION OF CONFLICT OF INTEREST

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

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

CONCLUSION

Public exhibition of Planning Scheme Amendment C124 was conducted over six weeks from 7 February to 22 March 2019. Council received a total of nine submissions, six in support, one opposing and two withdrawn.

Given that the opposing submission relates to one individual property of the total 155 properties included in the Amendment it is appropriate to split the Amendment into two parts. This allows the majority of the Amendment to be progressed without delay.

Should the proponent of C124 Part 2 choose to pursue the Amendment, the applicable fees should be paid. Should the submission to C124 Part 2 remain unresolved, it can be referred to an independent Planning Panel for consideration.

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ATTACHMENTS

No. Title Page

1 C124 Explanatory Report

2 C124 Summary of Submissions

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5.2 PLANNING SCHEME AMENDMENT C152 - PANEL REPORT

Author: Nicola Rooks - Strategic Planner, City Development

Ward: Ibbott

Previous Items Council on 25 Feb 2019 7.00pm (Item 5.2 - Heritage Overlay for 22 Arden Crescent Rosanna - Amendment C151 and C152)

EXECUTIVE SUMMARY

The Panel report in relation to a proposed Heritage Overlay for 22 Arden Crescent, Rosanna has been received. The report concludes that the property does not have sufficient heritage significance and recommends the Amendment be abandoned.

Planning Scheme Amendment C152 proposed to apply the Heritage Overlay to 22 Arden Crescent Rosanna on a permanent basis. An interim Heritage Overlay currently applies to the property until 1 November 2019.

In line with the Panel’s recommendation, it is considered Council should resolve to abandon Amendment C152 and request the interim heritage controls be removed.

RECOMMENDATION

That Council:

1. Abandon Banyule Planning Scheme Amendment C152 in accordance with the recommendation of the independent Planning Panel.

2. Notify the Minister for Planning of the decision to abandon Banyule Planning Scheme Amendment C152.

3. Request a Ministerial Amendment under Section 20(4) of the Planning and Environment Act 1987 to delete the interim Heritage Overlay (HO198) which applies to 22 Arden Crescent, Rosanna and is due to expire on 1 November 2019.

COUNCIL PLAN

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

BACKGROUND

The house at 22 Arden Crescent, Rosanna, known as ‘Arden Chase’ is a weatherboard dwelling built in 1905. Following an application to demolish the building, Council engaged heritage consultants to conduct a heritage assessment. On the basis of the heritage assessment Council applied for an interim heritage

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overlay to be applied expeditiously to the property while permanent heritage controls could be pursued.

Council received approval for an interim Heritage Overlay (Amendment C151) for the property on 31 January 2019. The interim Overlay applies until 1 November 2019.

Planning Scheme Amendment C152 proposes to apply the Heritage Overlay to 22 Arden Crescent, Rosanna on a permanent basis. Public exhibition for Amendment C152 commenced on 29 November 2018 and concluded on 15 January 2019. Council received a total of thirteen submissions, eleven in support and two objecting to the amendment.

Council resolved on 25 February 2019 to refer submissions to an independent planning panel. A panel hearing was held on 30 April and 2 May 2019. Four submitters presented to the panel including three local residents and the property owner as represented by Planning and Property Partners Pty Ltd.

LEGAL CONSIDERATION

The Planning and Environment Act 1987 (Act) governs Planning Scheme Amendments. Section 27 requires that a planning authority must consider the panel’s report before deciding whether or not to adopt the amendment. The contents and recommendation in this report are in compliance with the Act.

HUMAN RIGHTS CHARTER

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

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

Locality Plan

Figure 1: Aerial view of 22 Arden Crescent, Rosanna

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DISCUSSION

Panel Report

The Panel provided its report to Council on 4 June 2019. In the Panel’s view, due to the alterations made to 22 Arden Crescent over the years, the dwelling is no longer sufficiently intact to justify the heritage overlay. The Panel also considered that the dwelling does not have sufficient historical significance. The Panel’s recommendation is to abandon Banyule Planning Scheme Amendment C152. The Panel report is included at Attachment 1.

Amendment C152 – Permanent Controls

Section 27 of the Planning and Environment Act 1987 requires a planning authority to consider the panel’s report before deciding whether or not to adopt the amendment. Panels are appointed by the Minister for Planning to hear submissions made about amendments to planning schemes and to make recommendations or provide advice about whether or not the amendment should proceed. It is considered Council should note the Panel’s recommendation and resolve to abandon the amendment in accordance with the recommendation.

Amendment C151 – Interim Control

Interim heritage controls currently apply to 22 Arden Crescent Rosanna until 1 November 2019. If Council resolves to abandon Amendment C152 the interim planning control should be removed to ensure the property is not unnecessarily constrained by a redundant planning control. It is considered that Council should request the Minister for Planning to remove the interim Heritage Overlay (HO198) from 22 Arden Crescent, Rosanna.

OFFICER DECLARATION OF CONFLICT OF INTEREST

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

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

CONCLUSION

Amendment C152 has been exhibited and submissions considered by an independent Planning Panel appointed by the Minister for Planning. The Panel recommended the Amendment be abandoned.

Council should note the Panel’s recommendation and resolve to abandon Planning Scheme Amendment C152. Concurrently, appropriate steps to delete the interim heritage controls applying the property should also be taken.

ATTACHMENTS

No. Title Page

1 Amendment C152 - Panel Report

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5.3 NORTH EAST LINK PUBLIC ENVIRONMENT REPORT (PER) AND ENVIRONMENT EFFECTS STATEMENT (EES) SUBMISSION

Author: Paul Bellis - Transport Planning & Advocacy Coordinator, City Development

Previous Items Council on 20 May 2019 7.00pm (Item 5.2 - North East Link - Environmental Effects

Statement Submission)

Council on 29 Apr 2019 7.00pm (Item 5.2 - North East Link - Update)

Council on 25 Feb 2019 7.00pm (Item 5.1 - North East Link Update)

EXECUTIVE SUMMARY

The North East Link is a proposed continuous free flowing road connecting the M80 with the Eastern freeway. The Environment Effects Statement (EES) looks at the construction and long term impacts of the North East Link. It has been prepared by the North East Link Project (NELP) in 27 chapters which are informed by detailed technical reports in 18 discipline areas. Council contributed extensively to the EES development since February 2018 as part of a technical reference group (TRG).

The EES was released for public exhibition on 10 April 2019, and was on display for 40 business days until Friday 7 June 2019. Stakeholders and the community were also able to make a submission and request to be heard at a future panel hearing. Council encouraged its community to make individual submissions and also prepared a joint submission with the Cities of Boroondara and Whitehorse.

Council held a community forum on 27 March 2019 to provide the community with information on navigating the EES submission process. At the forum the community was also given an insight into the issues to be included in Council’s submission and given opportunity to comment. This information was also made available on the Shaping Banyule website. In addition, Council endorsed an EES submission framework at its meeting of 20 May 2019, providing additional content for the community regarding its EES submission topics of concern and associated issues.

Council’s detailed EES submission was developed utilising the framework endorsed. The joint EES submission outlines the common issues for each of the municipalities of Banyule, Boroondara and Whitehorse. Supporting the submission is a Banyule specific addendum that captures the concerns and issues for this municipality. The submission is attached. Further, Council’s previously adopted North East Link Complementary Projects Advocacy List is currently being reviewed and will be updated for inclusion with Council’s evidence to the panel hearing.

A Public Environment Report (PER) was also released by the Commonwealth Government for public exhibition on 16 April 2019 for 30 business days until 30 May 2019, in accordance with the Environment Protection & Biodiversity Conservation Act 1999 (Cth) (EPBC Act). Council also prepared a joint written submission to the PER, for considers matters of national environmental significance. A copy of the submission is also attached.

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The State Government also exhibited a draft planning scheme amendment (PSA) GC98 as part of the EES public exhibition period, in accordance with The Planning and Environment Act 1987. Affected property owners were directly advised of the proposed changes to the planning scheme to introduce: a Design and Development Overlay to protect the structural integrity of the North East Link tunnels and portal infrastructure and require referral of application under local provisions; and a Specific Controls Overlay to enable specific controls contained in the incorporated document for the North East Link to override other requirements of the planning scheme. Subject to the outcomes of the EES panel hearing, the Minister for Planning will approve the planning scheme amendments and incorporated document. A response to the PSA was also provided as part of the EES submission.

RECOMMENDATION

That Council:

1. Receives and notes the joint submission to the Environment Effects Submission (EES).

2. Receives and notes the joint submission to the Public Environment Report (PER).

COUNCIL PLAN

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

BACKGROUND

NELP is progressing its design and development of the North East Link based on the Government decision to adopt corridor Option A.

At its meeting of 20 May 2019, Council reiterated its position on the North East Link Project as follows:

‘Council is opposed to the North East Link through Banyule as it does not provide the best transport outcome for the future needs of Melbourne. As the state government has now decided to implement this route, Council will continue to advocate for changes to protect our natural environment, preserve our local neighbourhoods, avoid dividing our community and provide for real solutions to the transport issues in the north.’

Over the last 12 months, Council has been part of the North East Link Technical Reference Group which has carefully considered the impact of construction on the local community.

The Environment Effects Statement (EES) which looks at the possible impacts of the North East Link has been prepared by NELP in 27 chapters which are informed by detailed technical reports in 18 discipline areas. The Department of Environment,

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Land, Water and Planning (DELWP) has been overseeing this process with the assistance of a Technical Reference Group (TRG). The TRG included stakeholder representatives from across government authorities including Council. Council has contributed to the EES development since February 2018.

The EES was released for public exhibition on 10 April 2019. The EES was on display for 40 business days until Friday 7 June 2019, to enable stakeholders and the community to consider the detailed documents and make a submission. Council ran a forum on 27 March 2019 at Ivanhoe and posted information on its www.shaping.banyule.vic.gov.au website to assist the community in understanding the process to make a submission to the EES. An EES framework submission, covering the topics of concern and associated issues, was also endorsed by Council at its meeting of 20 May 2019. This was undertaken to assist community members with their individual submissions.

Additionally, to assist the community in understanding the EES, NELP conducted community engagement sessions across Melbourne’s north-east and eastern suburbs in April and May.

In addition to the EES, a delegate of the Commonwealth Minister for the Environment determined that NELP would also be assessed by a Public Environment Report (PER) under the Environment Protection & Biodiversity Conservation Act 1999 (Cth) (EPBC Act). The PER details assessments on the presence and relevant impacts on listed threatened species and communities, migratory species and potential environmental impacts on Commonwealth land and is a controlled action under the EPBC Act. The PER was released for public exhibition on 16 April 2019 for 30 business days until 30 May 2019. Council also prepared a joint written submission to the PER.

The 2018 Business Case for the North East Link project included an assessment of different corridor options and an analysis of the implications of different project corridor options. The EES does not consider the alternative corridor options or the economics of the reference project in detail. The draft Public Environment Report under the EPBC Act includes a summary of alternatives to the reference project. However, this is a separate process to the EES process.

NELP is also the proponent for preparing the draft planning scheme amendment GC98, under the Planning and Environment Act 1987 (PE Act). The Minister for Planning has the authority to approve planning scheme amendments, subject to the outcome of the EES assessment process.

The purpose of the PSA is to establish planning controls to facilitate the delivery of North East Link and to ensure the structural integrity of the tunnels and associated infrastructure is maintained. The proposed planning controls will ensure that the environmental impacts anticipated through the construction and operation of North East Link will be acceptably managed. The PSA proposed to introduce:

a Design and Development Overlay (DDO) to protect the structural integrity of the North East Link tunnel and portal infrastructure and require referral of application under local provisions; and

a Specific Controls Overlay (SCO) and new schedules to give effect to the specific control contained within the incorporated document for NELP.

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LEGAL CONSIDERATION

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

HUMAN RIGHTS CHARTER

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

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

CURRENT SITUATION

Council previously considered an overarching strategic summary of the key issues for the North East Link EES and PER, as outlined below:

Traffic and transport Interchange designs Alternate design options Watsonia access and connectivity Impacts to local roads and access Traffic management during construction

Business (Economic Development) Impacts to businesses and services during and post construction

Ecology Water sensitive urban design Impacts to Flora and Fauna Impacts to Banyule Flats and Wetlands and Banyule Creek Landscape and Visual Quality of constructed project Impacts on landscape and amenity

Urban Design Landscape and Visual Quality of constructed project Impacts on landscape and amenity

Social and Community Impacts Impacts and access to community facilities Impacts on community groups and facilities Impacts and access to local area

Along with response to issues around: Arboriculture (trees and key vegetation) Surface Water Groundwater Contamination and Soils Land Use Planning

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Landscape and Visual Noise and Vibration Air Quality Human Health Greenhouse Gas Environmental Management Framework Environmental Performance Requirements

A joint submission to both the EES and PER considered the above overarching key issues. A copy of the submissions are attached.

FUNDING IMPLICATIONS

There has been considerable investment in undertaking a review of the substantive (27 chapters covering 18 disciplines exceeding 10,000 pages) EES documentation on public exhibition. Council also engaged legal counsel and expert witness to assist with the preparation of the EES submission. The collective work of all parties engaged to date will continue with refinement of the EES submission for presentation to the Inquiry and Advisory Committee (IAC) at the panel hearing. The associated cost of the legal counsel, expert witnesses, and officer time will be sought to be recovered from the proponent. It should be noted however, that the proponent holds the view that the costs associated with the written and verbal submission to the EES will not be reimbursed.

CONSULTATION

During the EES public exhibition period, Council has received numerous community enquiries, in person, via e-mail, social media and over the telephone, regarding specific local issues and concerns. These matters have been captured and also generally reflected in Council’s submission to the PER and EES.

TIMELINES

Table 1 below outlines the timeline in the EES process.

Table 1 – Timeline of the EES Process Event DatesPublic Environment Report (PER) Submission 30 May 2019 Environment Effects Statement (EES) Submission 7 June 2019Directions Hearing 21 June 2019EES Panel Hearing (will run for approximately 6 weeks) 25 July 2019 Ministers Assessment and Decision Late 2019

The Directions Hearing and the EES Panel Hearing are both open to the public and will be held at the Veneto Club, Bulleen.

OFFICER DECLARATION OF CONFLICT OF INTEREST

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

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Council officers involved in the preparation of this report have no conflict of interest in this matter. However, it is noted that the Director City Development, who has had input into this report, owns a property within the affected area identified in the North East Link Authority submissions to the Federal Government for EPBC Act approval and the EES area being assessed. There is no direct Project impact on the property.

CONCLUSION

The North East Link will have a significant impact on Banyule, and as such it is important to advocate for outcomes that offset the effects of the project that will result in significant benefits for the Banyule community, in the event that the project proceeds. It is considered imperative that Council continues to engage with the EES process to achieve the best results for the community.

A comprehensive submission to the PER and Environmental Effects Statement independent public review has been prepared. Considerable Council resources have contributed to ensuring that the submission covers all areas of the EES that have the potential to impact on Banyule and its community over the construction and operation of the North East Link.

Council’s PER and EES submissions reflect community opinion and concerns received in recent and historical consultation.

ATTACHMENTS

No. Title Page

1 NEL - Document - Maddocks - 2019/06/07 - EES Submission on behalf of Banyule, Boroondara and Whitehorse City Councils (Under Separate Cover)

2 NEL - Document - Maddocks - 2019/05/30 - Submission for the cities of Banyule, Boroondara and Whitehorse - Draft Public Environment Report - North East Link Project (Under Separate Cover)

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Performance - Use Our Resources Wisely

Ordinary Meeting of Council - 24 June 2019 Page 35

7.1 PROCUREMENT POLICY

Author: Sonali Cordeiro - Procurement CoOrdinator, Corporate Services

EXECUTIVE SUMMARY

In accordance with S186A of the Local Government Act 1989 (LGA), Council must prepare and approve a Procurement Policy and review at least once in each financial year.

The Procurement Policy includes the principles, processes and procedures that will apply to all purchases of goods, services and works by the Council.

The Policy is attached and has been reviewed in consultation with stakeholders to ensure alignment with best practice principles.

Some of the changes include:

to reflect Council’s approved Climate Action Plan, Towards Zero Waste Management Plan and Social and Economic Development strategies.

providing direction to Council Staff and Councillors on avoiding situations that may give rise to a conflict of interest.

collaborative procurement - to reflect Council’s commitment to collaborative procurement as a member council of the Northern Region Group of Councils.

The adopted Procurement Policy must be available for inspection by the public at the Council office and on the Council website.

RECOMMENDATION

That Council adopt the Procurement Policy as reviewed and amended.

COUNCIL PLAN

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

BACKGROUND

In accordance with S186A of the Local Government Act 1989 (LGA), Council must prepare and approve a Procurement Policy and review at least once in each financial year.

The purpose of the Procurement Policy is to: Provide policy and guidance to the Council to allow consistency and control

over procurement activities Demonstrate accountability to ratepayers Provide guidance on ethical behaviour in public sector purchasing Demonstrate the application of elements of Best Practice in purchasing

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Increase the probability of obtaining the right outcome when purchasing goods and services.

The Procurement Policy includes the principles, processes and procedures that will apply to all purchases of goods, services and works by the Council. This policy is supported by Council’s Procurement & Contract Management Guidelines which will be revised to reflect and support the changes made to this policy.

Council’s Finance and Procurement unit has reviewed the policy in consultation with stakeholders and giving consideration to a number of best practice principles and other recommendations as identified in:

Municipal Association of Victoria (MAV) Model Procurement Policy Victorian Local Government (VLG) Best Practice Procurement Guidelines.

In 2017/18 the Procurement Policy was updated to reflect Council’s commitment to Sustainable Procurement.

In 2018/19 the Procurement Policy has been further amended to strengthen Council’s commitment to sustainable procurement, collaborative procurement and responsible financial management and governance.

The key changes to the policy are detailed below.

Sustainable Procurement

In consultation with key stakeholders the Procurement Policy has been reviewed and amended to reflect Council’s approved Climate Action Plan, Towards Zero Waste Management Plan and Social and Economic Development strategies.

Sustainable Procurement includes: Social Sustainability Environmental Sustainability Economic Sustainability

Examples of sustainable procurement practices include, but are not limited to:

Generating local employment amongst disadvantaged residents and promoting social inclusion.

Minimising council’s environmental footprint by procuring goods and services with less harmful impacts on the environment (waste and energy management).

Strategic use of local suppliers to encourage economic development.

Sustainability in procurement practices effectively contributes towards building stronger communities with an emphasis on social equality. Organisations can procure in a way that achieves value for money on a whole of life basis in terms of generating benefits not only for the organisation and community, but also to society and the economy, whilst minimising damage to the environment.

The current tendering templates include a Sustainability Statement requiring tenderers to demonstrate how they will meet Council’s Social, Environmental and Economic Development objectives. This statement is assessed as part of the

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evaluation criteria and require the successful tenderer to demonstrate compliance with their agreed commitment.

The Procurement Team in collaboration with key stakeholders will develop minimum criteria weightings by spend category to reflect Council’s commitment to Social, Economic and Environmental sustainability. These weightings will be defined with the Procurement and Contract Management Guidelines.

Council endeavours to demonstrate these principles in their procurement practices where appropriate.

1) Social Sustainability The section has been rewritten to strengthen Councils commitment to promoting social inclusion, equal opportunity for disadvantaged and vulnerable persons and community groups, diversity and acceptance. Additional detail has been included to clearly articulate Council’s social procurement objectives and demonstrate how Council will consider social objectives when establishing procurement projects. The current tender templates include a Sustainability Statement requiring tenderers to demonstrate how they will meet Council Social Procurement objectives.

2) Environmental Sustainability The section has been rewritten to clearly articulate Councils commitment to reducing its impact on the natural environment through the implementation of Council’s Climate Action Plan (Carbon Neutral by 2028), and the Towards Zero Waste Management Plan. The current tender templates include a Sustainability Statement requiring tenderers to demonstrate how they will meet Council’s Environmental Procurement objectives.

3) Economic Sustainability The section has been rewritten to clearly articulate Councils commitment to promoting its role in the economic development of the community. The current tender templates include a Sustainability Statement requiring tenderers to demonstrate how they will meet Council’s Economic Development objectives.

Conflict of Interest and Complaints Handling

The Procurement Policy has been updated to provide direction to Council Staff and Councillors on avoiding situations that may give rise to a conflict of interest.

Collaborative Procurement

The Procurement Policy has been updated to reflect Council’s commitment to collaborative procurement as a member council of the Northern Region Group of Councils. The Procurement team has reviewed Council’s Procurement Policy in line with the Procurement Policies of the other six Northern Region councils with a view to harmonise policies across the Region.

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Quotation Thresholds

The quotation thresholds have been reviewed to bring them closer aligned with the Northern Region Councils and market standards.

The new quotation thresholds are:

The Banyule procurement model is decentralised. Training of business units and project managers is required to enhance understanding and accountability in sustainable procurement practise. There will be an enhanced expectation for staff to lead, participate and/or support in the implementation of agreed processes across Council.

LEGAL CONSIDERATION

In accordance with S186A of the Local Government Act 1989 (LGA), Council must prepare and approve a Procurement Policy and review at least once in each financial year. The approved Procurement Policy must be available for inspection by the public at the Council office on the Council website.

Value of items Request for quotation

<$1,000 One verbal quotation

$1,001 to $10,000 A minimum of one email or written quotation or

supporting catalogue price must be obtained and

the details recorded on the appropriate file.

$10,001 to $30,000 A minimum of two email/written quotations must

be obtained and the details recorded on the

appropriate file.

$30,001 to $100,000 A minimum of three email/written quotations must

be obtained and the details recorded on the

appropriate file.

$100,001 to < $150,000 (Goods

& Services)and <$200,000

(Building & Construction Works)

A minimum of three written quotations must be

obtained via a formal Request for Quotation

document with Contract No. allocated and a set

Closing Date (incorporating Conditions of

Quotation, Conditions of Contract, and a detailed

Specification / Brief), and the details recorded

and retained on the appropriate file.

These quotations should be issued to Tenderers

via Council’s eTender Portal.

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HUMAN RIGHTS CHARTER

Victoria's Charter of Human Rights and Responsibilities (the Charter) outlines the basic human rights of all people in Victoria. The Charter requires that governments, local councils and other public authorities comply with Charter and to consider relevant Charter rights when they make decisions.

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

OFFICER DECLARATION OF CONFLICT OF INTEREST

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

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

CONCLUSION

The Procurement Policy provides the basis for Council’s procurement activities throughout the year and is supported by Council’s Procurement & Contract Management Guidelines.

There has been no legislative change impacting on Procurement since the Policy was last amended.

The next review and update of the Policy is required to be undertaken during 2019/20.

ATTACHMENTS

No. Title Page

1 Banyule City Council's Procurement Policy 2018/2019

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7.2 ADOPTION OF BANYULE'S COUNCIL PLAN 2017-2021 (YEAR 3)

Author: Marc Giglio - Director Corporate Services, Corporate Services

Previous Items Council on 08 Apr 2019 7.00pm (Item 7.1 - Preparation of Council Plan 2017-2021 (Year 3))

Council on 20 May 2019 7.00pm (Item 7.2 - Proposed Council Plan and Budget - Consideration of Submissions Received)

EXECUTIVE SUMMARY

This report is presented for the adoption of Banyule’s Council Plan 2017-2021 (Year 3), which strives to achieve Council’s Vision for its community of: ‘Banyule, a green, sustainable and vibrant place for a healthy, connected and inclusive community.’

The Proposed Council Plan 2017-2021 (Year 3) outlines the strategic direction and priorities for Banyule City Council under the objectives of People, Planet, Place, Participation and Performance. It sets the policy platform for Council and helps guide the services Council provides to the community. The attached Council Plan contains the Strategic Resource Plan for the next 4 year period.

The Plan is based on comprehensive consultation with the community, Councillors and staff, and is framed through a legislative context. Feedback has helped Council to plan specific key initiatives and priorities for the Council Plan, which encompasses the 2019/20 financial year.

A report was presented to the 20 May 2019 Council Meeting to enable Council to formally consider written submissions received regarding the Proposed Council Plan 2017-2021 (Year 3) and Proposed Budget 2019/2020.

Having considered the submissions made, minor adjustments have been made to the proposed Council Plan to incorporate valuable feedback received and which respond to identified community needs.

RECOMMENDATION

That:

1. Council, having considered all submissions received and having complied with the requirements of sections 125 and 126 of the Local Government Act 1989, adopt the Council Plan 2017-2021 (Year 3) as attached to this report.

2. In accordance with the Local Government Act 1989, a copy of Banyule’s Council Plan 2017-2021 (Year 3) be provided to the Minister for Local Government.

3. The submitters be thanked for their contributions and advised that Council has considered their submissions relating to Banyule’s Council Plan 2017-2021 (Year 3) and that they be notified of the outcome of their submission.

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COUNCIL PLAN

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

BACKGROUND

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

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

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

CONSULTATION

Consultation and Research

Many sources of information have helped shape the development of the Council Plan (and Budget). This includes information gathered through an extensive community engagement and planning process, research and data, industry knowledge and expertise, ongoing review and improvement of our services, and relevant legislation and policy context.

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

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

Consultation for Year 3 of the Council Plan

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

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

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

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

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

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

234 people told us how Council has been doing over the past 12 months 242 people told us how much they love their neighbourhood 231 people told us if they thought Council had met the Year 2 Council

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

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

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

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

Submissions

In accordance with the requirements of the Act, formal submissions were called for in relation to the Budget and Council Plan. Copies of the proposed Budget 2019/2020 and proposed Council Plan 2017-2021 (Year 3) were made available for community comment from 11 April 2019 to 8 May 2019 on Council’s website, at Customer Service Centres and local libraries, and promoted via neighbourhood houses.

The overall total number of submissions received as at the time of preparing this report was ninety-eight (98). The submissions were presented to Council at its meeting on 20 May 2019. This separate meeting provided an opportunity for Council to receive, hear and consider the submissions in respect of Council’s intention to adopt the Proposed Council Plan 2017-2021 (Year 3) and Proposed Budget 2019/2020.

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COUNCIL PLAN 2017-2021 (YEAR 3)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Government Act) Advocacy and engagement Employment pathways Urban density and development

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Other emerging issues, eg changes in the recycling industry.

LEGAL CONSIDERATION

In preparing the Council Plan 2017-2021 (Year 3), Council has followed the legislative requirements in accordance with the Local Government Act 1989.

Submissions received by Council in accordance with Section 223 of the Act were considered by Council on 20 May 2019, prior to final Council consideration of the adoption of the Council Plan on Monday, 24 June 2019.

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 of the Council Plan does not raise any human rights issues but enhances the human rights of our community.

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

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

ADVOCACY

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

CONSIDERATION OF SUBMISSIONS

Following the Council meeting of 20 May 2019 to hear and consider the submissions received, a detailed summary of the considerations of the submissions has been included in the report relating to the Adoption of the Council Budget 2019/2020 also to be considered at the Ordinary Council Meeting on 24 June 2019.

Ninety-eight (98) submissions were received. Of the submission themes, ten (10) specifically commented on the proposed Council Plan.

Having considered the submissions made, a number of minor adjustments have been made to the proposed Council Plan to incorporate valuable feedback received and which respond to identified community needs.

The adjustments primarily relate to:

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Additions to key initiatives within two key directions:

- People objective: in key direction ‘1.4 Develop and promote safety and resilience in our community’ - to include reference to Sharpes Road, Watsonia in the ‘Implement traffic and road safety improvements’ initiative

- Planet objective: in key direction ‘2.1 Protect and enhance our natural environment’ - to include reference to feral animal control in the ‘Undertake operational environmental management works in bushland reserves…’ initiative

Changes to the Strategic Resource Plan to reflect amendments to the Proposed Budget

All submitters will be informed of the outcome of their submission in writing after the adoption of the Council Plan and Budget.

FUNDING IMPLICATIONS

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

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

The Annual Budget represents the first year of the Strategic Resource Plan. It works to deliver the strategic directions of the Council Plan, to provide a range of high quality services, programs and initiatives that meet community needs, and to achieve Council’s Vision.

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

POLICY IMPLICATIONS

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

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

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

Council refers to the Local Government Planning and Reporting Better Practice Guide, which is designed to assist councils to best meet requirements under the Local Government Act 1989 as they relate to the planning and accountability framework. It provides councils with relevant and practical information to assist in the

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development of key planning and reporting documents. This includes the Council Plan, Strategic Resource Plan, Annual Budget and Annual Report. The Council Plan’s Relationship with the Municipal Public Health and Wellbeing Plan

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

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

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

Council reviews its strategic indicators to ensure continued alignment with Council’s objectives and priorities. As part of this ongoing process, Council will continue to strengthen, consolidate and align its methodology for measuring performance with the Victorian Public Health and Wellbeing Outcomes Framework.

OFFICER DECLARATION OF CONFLICT OF INTEREST

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

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

CONCLUSION

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

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

This is the third year of the plan of the elected Council, which continues to be reviewed on an annual basis. Council continues to demonstrate through this Plan, its comprehensive framework of integrated objectives, key directions, focus areas and key initiatives which are being implemented for the benefit of the community.

Having considered the public submissions received, a number of minor adjustments have been made to the proposed Council Plan to incorporate valuable feedback received and which respond to identified community needs.

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

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sustainable and vibrant place for a healthy, connected and inclusive community.

ATTACHMENTS

No. Title Page

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

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7.3 ADOPTION OF BANYULE CITY COUNCIL'S BUDGET 2019/2020

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

Previous Items Council on 08 Apr 2019 7.00pm (Item 7.2 - Banyule City Council Budget 2019/2020 - For Public Exhibition)

Council on 20 May 2019 7.00pm (Item 7.2 - Proposed Council Plan and Budget - Consideration of Submissions Received)

EXECUTIVE SUMMARY

This report is presented for the adoption of Banyule City Council’s Budget for 2019/2020 in accordance with the Local Government Act 1989.

The Budget works to deliver the strategic directions of the Proposed Council Plan 2017-2021 (Year 3), to provide a range of high quality services, programs and initiatives that meet community needs, and to achieve Council’s Vision for the community of:

‘Banyule, a green, sustainable and vibrant place for a healthy, connected and inclusive community.’

The development of the Proposed Budget 2019/2020 is based on information gathered from an ongoing community engagement process and industry best practice accounting standards. The Budget is developed and supported by current policy and responds to the needs of the community as outlined in the Council Plan. The setting of the budget, the levels of service provided, and the careful stewardship of the community’s resources and assets are paramount in the establishment of this budget.

The Proposed Budget 2019/2020 presented for adoption by Council (attached) incorporates consideration of public submissions to the exhibited Proposed Budget at a Council Meeting on Monday, 20 May 2019. Following the public exhibition period changes have been incorporated into the Proposed Budget 2019/2020. The changes are based on the outcome of Council’s consideration of submissions received and attention of items that have been referred for inclusion in the Proposed Budget 2019/2020 within the interim period (i.e. prior to Council adopting the Proposed Budget).

Council’s Proposed Budget 2019/2020 responds to the community priorities for Banyule as set out in the Council Plan 2017-2021 (Year 3) and ensures the delivery of the right services in the right way in response to the community’s expressed needs. The Budget will ensure Council’s finances remain sustainable and that appropriate resources are allocated to meet the services and capital requirements of the City.

Council has prepared its Proposed Budget 2019/2020 focusing on long term financial sustainability.

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RECOMMENDATION

That:

1. Council having considered all submissions received and having complied with the requirements of sections 127, 129 and 130 of the Local Government Act 1989, adopt the attached Proposed Budget 2019/2020 with the following amendments: a. The outcomes of Council’s consideration of public submissions for the

Proposed Budget 2019/2020 b. Items that have been referred to the Proposed Budget 2019/2020 by

reports to Council which require additional funding not considered during the budget development process.

c. Other modifications including changes to service delivery and a revision of Fees & Charges.

2. In accordance with sections 158 and 161 of the Local Government Act 1989, Council declare the Rates, Levies and Annual Service Charges for the 2019/2020 rating year commencing 1 July 2019 and ending 30 June 2020 as detailed in the Proposed Budget 2019/2020.

3. All submitters be advised Council has considered their submissions (as per the attached summary table) relating to the Proposed Budget 2019/2020, the submitters be advised of the outcome of the consideration as it relates to their specific submission, and they be thanked for their contributions.

4. The Mayor and relevant Ward/Portfolio Councillors write to all organisations funded in the budget regarding the funding they will receive.

5. Council give public notice of the adoption of the Budget 2019/2020 in accordance with section 130 (2) of the Local Government Act 1989.

6. A copy of the adopted Budget 2019/2020 be provided to the Minister for Local Government in accordance with section 130 (4) of the Local Government Act 1989.

COUNCIL PLAN

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

BACKGROUND

Budget Development Process

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

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

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

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

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

CONSULTATION

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

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

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

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

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

Public Notice Process

Notice was given to the public of Council’s intention to formally:

1. Adopt the budget. 2. Declare differential rates, service charges and any municipal charge. 3. Require interest to be charged on unpaid rates and charges.

The notice included Council’s intention to adopt this Budget at a meeting of Council on Monday 24 June 2019.

During the key consultation stage from 11 April 2019 to 8 May 2019, the Proposed Budget 2019/2020 and Council Plan 2017-2021 (Year 3) were available via Council’s

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website, Customer Service Centres and local libraries, and promoted via neighbourhood houses and through The Banner newsletter and local papers.

A summary of submissions received was included in the report to Council at its meeting on 20 May 2019 (Item 7.2: Proposed Council Plan and Budget – Consideration of Submissions Received).

Following the public exhibition period, a total of ninety-eight (98) submissions were received in relation to the Proposed Budget and Proposed Council Plan. The submissions received by Council cover a wide and varied range of community proposals, both in support and in addition to the Proposed Budget and Council Plan.

The Council meeting on 20 May 2019 provided an opportunity for Council to receive, hear and consider the submissions in respect of Council’s intention to adopt the Council Plan 2017-2021 (Year 3) and Budget 2019/2020 at a Council Meeting on 24 June 2019.

The outcome of Council’s consideration of the 98 submissions is documented in the ‘Summary of Consideration of Submissions Received on the Proposed Budget 2019/2020 and Proposed Council Plan 2017-2021 (Year 3)’ attached to this report.

LEGAL CONSIDERATION

Under Sections 127, 129 and 130 of the Local Government Act 1989, Council is required to prepare, exhibit and adopt an annual budget for each financial year.

In accordance with the provisions of Section 223 of the Act, Council considered public submissions to the exhibited Proposed Budget 2019/2020 on Monday, 20 May 2019 prior to considering adoption of the Proposed Budget 2019/2020 on Monday, 24 June 2019.

In accordance with S79C (2) to (4) of the Act, if a Budget or Council Plan to be approved by a Council includes funding for a matter in respect of which a Councillor has a conflict of interest the Councillor is taken to not have a conflict of interest for the purposes of approving the Budget or Council Plan if the:

Council previously approved the matter for inclusion; and Councillor disclosed the nature of the conflict of interest under section 79 when

the decision in respect of the matter was previously considered and made.

HUMAN RIGHTS CHARTER

It is considered that the subject matter does not raise any human rights issues. Victoria's Charter of Human Rights and Responsibilities (the Charter) outlines the basic human rights of all people in Victoria. The Charter requires that governments, local councils and other public authorities comply with Charter and to consider relevant Charter rights when they make decisions.

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

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recommendations contained in this report. It is considered that the subject matter does not raise any human rights issues.

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

DISCUSSION

PROPOSED BUDGET 2019/2020

The Proposed Budget 2019/2020 focuses on strengthening the long-term financial sustainability of Banyule. Council’s financial position remains strong and Banyule will continue to be resourceful and look for efficiencies to manage and deliver the highly-valued services and facilities for the benefit of the community.

During the preparation on this Budget, great care has been taken to ensure Council continues delivering relevant services to the community while renewing and upgrading infrastructure. Some of Council’s main focus areas and important initiatives that are planned to be funded in the Banyule Council Proposed Budget 2019/2020 include:

Maintaining and upgrading roads, buildings, drains and footpaths. Delivering vital services and support programs across the municipality, Protecting and nurturing open spaces, parklands and street trees, Redeveloping recreational centres, sportsgrounds and club pavilions. Implementing environmentally friendly practices, solar power and water saving

initiatives, Encouraging diverse and inclusive communities, Providing engaging community festivals, events and activities.

General Rates

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

Investing in infrastructure and initiatives

The Proposed Budget 2019/2020 has an allocation of $64.35 million to deliver capital works projects and $7.24 million to deliver Council initiatives. The Council will enhance our open spaces and sporting facilities, create community hubs and continue to renew vital infrastructure.

Transport advocacy will continue to be enhanced as key projects within the Community evolve, such as the level crossing removal and Hurstbridge line duplication and the North East Link projects.

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Capital Works funded by the Proposed Budget include:

Infrastructure $23.43 million. Property $32.83 million. Plant and Equipment $6.58 million Other assets and intangibles $2.65 million

Of the total capital works budget $33.40 million is invested into asset renewal and $26.90 million towards asset upgrade, including:

Significant investment into our parks, gardens, playgrounds and shared paths. Upgrade to sporting grounds, facilities and pavilions. The Ivanhoe Community Learning Hub will continue construction. Ongoing maintenance and upgrade of our roads, bridges and acceleration of

our drainage program.

Long term plans and strategies continue to bring greater value to the Organisation and Community.

This Budget continues to support a healthy, vibrant and connected community. There will be $7.24 million invested across a wide variety of community initiatives, including:

Environment Energy Plan including a business case for onsite renewable energy generation, green collar internship program and resourcing to deliver the climate action package

Enhanced Transport advocacy to respond to the North East Link and other transport projects

Waste Recovery Centre redevelopment business case and education centre program expansion

Developing plans for youth spaces, public places, energy, car parking and parklands,

Delivering a range of programs and activities to support the implementation of Council’s Inclusion, Access and Equity Framework and associated plans.

Calendar full of free community festivals, events and activities to bring the community together,

Delivery of Services

To achieve the objectives of the Council Plan 2017-2021 (Year 3), Council will continue to plan, deliver and improve high quality, cost effective, accessible and responsive services. The following services are funded in the Proposed Budget 2019/2020:

People: Strong, Healthy and Inclusive Communities Health, Aged and Community Planning ($11.29 million) Leisure, Recreation and Cultural Services ($16.39 million) Youth and Family Services ($11.85 million) Social Enterprise & Local Jobs ($1.01 million) Operations – Emergency Management ($0.290 million)

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Planet: Environmental Sustainability Environment & Place – Environmental Sustainability ($0.90 million) Parks and Open Space ($12.26 million) Operations – Environmental Services and Sustainable Infrastructure ($17.17

million)

Place: Great Places and Spaces Delivery and Assets ($8.30 million) Planning and Building ($6.09 million) Transport - Engineering, Planning & Advocacy ($4.87 million) Environment & Place - Economic Development, Municipal Laws and City

Futures ($4.01 million) Strategic Property ($1.44 million)

Participation: Engagement and Advocacy Governance and Communication ($5.07 million) Executive ($1.98 million)

Performance: Efficiency and Good Governance Operations – Plant and Fleet Management ($3.96 million) Human Resources ($3.72 million) Finance & Procurement ($3.95 million) Organisational Systems ($7.33 million)

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

CHANGES TO THE PROPOSED BUDGET 2019/2020

The Proposed Budget 2019/2020 has been amended to reflect the following:

A. Submissions – financial outcomes of Council’s consideration of public submissions.

B. Other - modifications since the budget development process including: - Council Resolutions - State and Commonwealth Government Grant Funding - Other changes due to emerging issues or identified community need - Fees and Charges - statutory increases and other amendments

Other minor formatting, notes disclosures and commentary have been incorporated as appropriate to enhance the report. These changes have no financial impact.

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A. Submissions: The financial outcomes of Council’s consideration of public submissions for the Proposed Budget 2019/2020.

A summary of the consideration of the submissions (98) received and heard at the 20 May 2019 Council Meeting is presented in a summary table attached to this report.

Submission number and the nature of change to the proposed Budget 2019/2020

Financial implication

(Allocations are funded from operational surplus unless otherwise stated)

1 BANSIC (Banyule Support & Information Centre Inc.) – increased funding

Operating budget – allocation of $19,800 per annum (increased by CPI)

2 DVCS (Diamond Valley Community Support) – increased funding

Operating budget – allocation of $34,845 per annum (increased by CPI)

3 Watsonia RSL - Commemorative Project - to upgrade the WW1 memorial

Capital works program - allocation of $8,012.50 (funded from Public Open Space Reserve).

6 Greenhill Road Shopping Precinct, Greensborough - Stage 2 of the Mural

Capital works program - allocation of $20,000

7* Research-Lower Plenty Baseball Club – redevelopment of Glenauburn pavilion

(* includes submissions 33-54, 57-58, 60-70, 73-76, 84, 87, 89, 94 (a total of 44 submissions))

Capital works program - allocation of $510,000 on the basis of a 110sqm social space

Capital works program to show a total project cost of $1,010,000, which includes a $100,000 State Government grant.(note: budget 2018/2019 has an allocation of $50,000 for design)

8 Sharpes Road, Watsonia - install additional traffic treatments

Capital works program - allocation of $60,000

9 Maltravers Road, Eaglemont - speeding concerns - The program will be adjusted with the majority of the works in 2019/2020 and completion in 2021/2022.

Capital works program - to show a total project cost of $405,000 with an allocated spend of $290,000 in 2019/2020, $45,000 in 2020/2021 and $70,000 in 2021/2022.

(Includes a $50,000 allocation for resources required to support for submission 9 and 8)

10 Viewbank Tennis Club - fencing, lighting and landscaping works.

Capital works program - allocation of $26,706 to complete the fencing component only in 2019/2020, and refer $80,000 in 2021/2022 for stage 2- LED lighting and $75,000 in 2022/2023 for stage 3 – Landscaping.

Capital works program to show a total project cost of $46,706 in 2019/2020 for the fencing project, which includes a $20,000 contribution from the club.

12 Heidelberg West Business Park Association - to support the first business plan of this newly-formed association

Initiatives program - allocation of $65,000

16 Community Pitch Night – for Council to become a ‘pitch partner’

Initiatives program - allocation of $2,000

21 Feral animal control - for specific initiative Operating budget – allocation of $31,000 in 2019/2020, and a further $25,000 in 2020/2021,

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Submission number and the nature of change to the proposed Budget 2019/2020

Financial implication

(Allocations are funded from operational surplus unless otherwise stated)

$20,000 in 2021/2022 and $15,000 in 2022/2023.

22 Public car park in Westley Avenue and Ivanhoe Parade, Ivanhoe – upgrade for safe pedestrian access and lighting

Capital works program - allocation of $5,000

24 Greensborough Bowling Club – replacement of Retractable Overhead Canopy

Capital works program - allocation of $28,455

Capital works program to show a total project cost of $48,455 in 2019/2020, which includes a $20,000 contribution from the club.

25 Garden areas in Main Street, Greensborough - to develop a landscape plan from Henry Street to Para Road

Initiatives program - allocation of $15,000

27 Montmorency Junior Football Club - Simms Road Oval Lighting project – to bring forward the lighting upgrade

Capital works program - to show a total project cost of $210,000 with the works to be delivered in 2019/2020.

28 Montmorency Junior Football Club - roofing project at Simms Road oval pavilion

Capital works program - allocation of $45,000

Capital works program to show a total project cost of $92,000 in 2019/2020. The club has secured part funding for the project with a Federal Government contribution of $42,000 and State Government contribution of $5,000.

29 Bundoora Scout Group – to replace fence in front of Scout Group Hall

Capital works program - allocation of $30,000 (funded from the Public Open Space Reserve).

31 Greensborough Historical Society – facility redesign - planning phase

Capital works program - allocation of $20,000.

59 Watsonia Football Club - Detailed Pavilion Design at Binnak Park.

Capital works program - allocation of $100,000.

72 Social enterprise proposal (Pizza and Café) at The Mall, Heidelberg West.

Initiatives program - allocation of $50,000.

78 Lower Plenty Shopping Centre - to replace footpath

Capital works program - allocation of $140,000 be provided in 2020/2021

81 Eaglemont Shopping Strip – to draft an Economic Review Package - Silverdale Road Regeneration

Capital Works program - allocation of $60,000

85 Watsonia Shopping Centre - advocacy support during the period of the North East Link Project

Initiatives program - allocation of $40,000.

The project to be included in the Budget 2019/2020-2022/2023 Initiatives program.

88 Bell Street Mall Traders Association - allocation of seed funding - infrastructure in the Oxford Arcade

Capital works program - allocation of $100,000.

97 Dalvida Bushland Reserve - to repair and upgrade the dam and surrounds

Capital works program - allocation of $28,000 (funded from Public Open Space Reserve).

98 Montmorency Cricket Club - Net replacement to enable the construction of a 4 net multi use facility

Capital works program - allocation of $160,000 (funded from Public Open Space Reserve).

This project is included in the ‘Montmorency Park North Oval Surface full renovation and

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Submission number and the nature of change to the proposed Budget 2019/2020

Financial implication

(Allocations are funded from operational surplus unless otherwise stated)

nets’ project. (Note: $70,000 of the cost will be funded by a contribution from the club).

B. Other - modifications since the budget development process:

Nature of change to proposed Budget 2019/2020 Financial implication

Community Energy Officer - Increase in EFT (CO2019/17 - 25 February 2019)

Operating budget - allocation of 0.60 EFT (to report a total EFT of 683.00 for 2019/2020)

No change in the allocated dollars as funded fully from the Sustainable Homes and Community Program and Positive Charge Program

Gresswell Nature Conservation Water Sensitive Urban Design (WSUD) – Funding from Living Rivers Program/ Melbourne Water for the project ‘LR6a14 Making Gresswell Great Again’.

Capital works program - project cost increased to $260,000.

Operating budget - income from government grants increased by $79,936.

(Note: $79,936 received in 2018/2019 - total grant funding $159,872)

Willinda Park - female friendly change rooms construction – SRV – government grant received in 2018/2019

Operating budget – income from government grants decreased by $90,000

Glenauburn Park Female Friendly Change Rooms– the grant income has been paid in advance to Council and recognised in 2018/20will be19.

Operating budget - income from government grants decreased by $90,000.

Somali week events – moved from initiatives program to the operating budget with a 2.50% CPI increase.

Operating budget - expenditure increased by $15,375

Initiatives program decreased by $15,000.

(The net impact is a $375 increase in expenditure.)

Somali Australian Council of Victoria (SACOV) –correction of duplicate funding

Initiatives program- expenditure decreased by $20,000

Yarra Regional Plenty Library contribution – additional contribution to support the usage model allocation method.

Operating budget – expenditure increased by $119,849.

Commonwealth Government Grant Funding – the government has announced that it will pay 50% of the Victoria Grant Commission funding for 2019/2020 in advance - The income will be recognised as revenue in the 2018/2019 financial year when it is received.

Operating budget – income from operating grants decreased by $1,405,943, and income from capital grants decreased by $436,002.

(Note: the total cash received over the two years will vary only by CPI and will be held in Reserve).

Swanston St, Heidelberg Heights – properties require renovation works to comply with the standards of renting.

Capital works program – - project cost increased by $150,000 (funded from Reserves).

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Operating budget - rental income increased by $48,400 in 2019/2020 and $57,200 in 2020/2021.

Supplementary Rates – revised development activity

Operating budget – income from supplementary rates (rates and charges) increased by $113,000.

Revenue in lieu of rates (Cultural & Recreational land) – application of the methodology based on 2019 survey responses.

Operating budget – income from rates and charges increased by $8,907.

Fees and Charges - statutory increases in fee units and penalty units as follows:

Fees & Charges - Description Initial Proposed Fee Amended Proposed Fee

Works on Roads – Multiple Fees^ Various Various

Applications & Permits – Multiple Fees^

Various Various

Discretionary Fines $159.00 $161.00

Land Information Certificates $26.30 $27.00

Note: ^ For the specific details of ‘Works on Roads’ and ‘Applications & Permits’ refer to the Proposed Budget 2019/2020 Section 8 - Fees & charges schedule.

PROPOSED RATES AND CHARGES

The Rates, Levies and Annual Service Charges for the 2019/2020 rating year are contained within the attached Proposed Budget 2019/2020 and are formally declared by Council within the report recommendation.

There have been no material changes from the proposed rates and charges as endorsed by the Council for public exhibition (Council meeting on 8 April 2019) for the following general valuations:

o estimated total value of each type or class of land o the estimated total value of land; and o the rate in the dollar to be levied as general rates

In accordance with Section 7AD of the Land Act 1960 the general value is deemed to be true and correct. The Valuer General has noted that auditing throughout the valuation cycle has shown that the general valuation of all rateable land and non rateable land in Banyule City Council has been made in accordance with the 2019 Valuation Best Practice Specifications Guidelines.

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The estimated total value of each type or class of land value and the estimated total value of land compared with the Proposed Budget 2019/2020 for public exhibition and the Proposed Budget 2019/2020 presented for adoption (as attached) is as follows:

Type or class of land

Estimated value $’000

(Proposed Budget 2019/2020 for public

exhibition)

Estimated value $’000

(Proposed Budget 2019/2020 presented

for adoption)

Variance $’000

Residential Improved 43,318,325 43,318,771 446

Residential Vacant 445,377 445,358 -19

Commercial Improved 2,503,028 2,502,916 -112

Commercial Vacant 55,546 55,546 0

Industrial Improved 871,178 871,178 0

Industrial Vacant 9,875 9,795 -80

Total 47,203,329 47,203,564 235

Council has not, at the time of writing this report, received the Minister’s declaration under Section 7AF of the Land Act 1960. Once the declaration has been received the valuation is suitable to be adopted and used for the purposes of any rating authority allowed to use the valuation.

The declaration from the Minister of Planning is anticipated to be received prior to Council considering adoption of the proposed Budget 2019/2020.

OFFICER DECLARATION OF CONFLICT OF INTEREST

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

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

CONCLUSION

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

Banyule’s budgeted financial statements; A description of services and initiatives to be funded in the budget; A statement about how these services and initiatives will contribute to achieving

the strategic objectives specified in the Council Plan; Major initiatives, being initiatives identified by Council as priorities; Service performance measures, indicators and targets; The declaration of rates and charges. The intention to charge interest on unpaid rates and charges. Rates payable on rateable lands in accordance with the Cultural and

Recreational Lands Act 1963.

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Other information required under Section 158 of the Local Government Act 1989. and the Local Government (Planning and Reporting) Regulations 2014

The Proposed Budget for 2019/2020 is aligned to the strategic objectives in the Proposed Council Plan 2017–2021 (Year 3) and is in line with Council's commitment to sustainable budgeting and responsible financial management.

Following adoption, copies of the Budget will be sent to the Minister for Local Government and will be made available to the public at Customer Service Centres and on Council’s website.

ATTACHMENTS

No. Title Page

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

2 Summary of Consideration of Submissions Received to the Proposed Budget 2019/2020 and Proposed Council Plan 2017-2021 (Year 3)

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7.4 CONTRACT 0978-2019 FOR SUPPLY, INSTALLATION & MAINTENANCE OF HEALTH & FITNESS EQUIPMENT (CARDIO & SPIN CYCLES) FOR IVANHOE AQUATIC CENTRE

Author: Allan Primrose - Manager Banyule Leisure, Community Programs

Ward: Griffin

EXECUTIVE SUMMARY

Ivanhoe Aquatic Centre provides its community with one of the most visited local aquatic facilities for its size in the North Eastern suburbs of Melbourne.

Much of the cardio equipment and all of the spin cycles have been in place since 2012, with the remaining cardio equipment being installed as part of the redevelopment of the centre in May 2015. All of the cardio equipment is now due for renewal. It is essential that the new equipment is technologically advanced, high quality, user friendly and aesthetically appealing.

This report is to consider the awarding of Contract No 0978-2019 for the Supply, Installation & Maintenance of Health & Fitness Equipment (Cardio & Spin Cycles) for Ivanhoe Aquatic Centre. The contract term is for a period of four (4) years with no extension options.

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

RECOMMENDATION

That:

1. Contract No. ‘0978-2019’ for the Supply, Installation & Maintenance of Health & Fitness Equipment (Cardio & Spin Cycles) for Ivanhoe Aquatic Centre be awarded to Technogym Australia Pty Ltd for $600,798.52 (excl. GST)

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

COUNCIL PLAN

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

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BACKGROUND

Council provides its community with one of the most visited local aquatic facilities for its size in the North Eastern suburbs of Melbourne. There are multiple fitness program rooms including our dedicated Spin Cycle Studio and our 1000sqm gymnasium fitted with modern gym equipment. The current Gym cardio equipment (Treadmills, Cross-trainers, bikes etc.) and our 30 Spin Cycle bikes have been in place for several years and are largely well-overdue (by commercial fitness equipment standards) for replacement.

As a facility with ever increasing patronage and membership, it is imperative to provide a full range of health and fitness equipment that is technologically advanced, high quality, user friendly and aesthetically appealing.

Tenders were advertised in The Age on 9th February 2019 and on Council’s website. During the period that the tenders were open, 9 Suppliers registered for the tender documents. Tenders closed on 5th March 2019 and 4 submissions were received by the closing time.

LEGAL CONSIDERATION

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

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

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

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

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

BANYULE PROCUREMENT POLICY

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

The purpose of this Policy is to:

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

demonstrate accountability to ratepayers;

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

and services.

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

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

HUMAN RIGHTS CHARTER

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

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

TENDER/QUOTATION EVALUATION

A Tender Evaluation Panel (TEP) evaluated each quotation using a weighted matrix based on financial, technical, commercial and other criteria discussed further in this report.

Tender Evaluation Criteria

All tenders were evaluated using the following evaluation criteria, which was listed in the tender document:

Tendered price; Extent of equipment conformance with requirements as specified; Responsiveness in management of equipment and system breakdown during and

after warranty period; Availability, extent and period of maintenance schedule and warranty offered; Previous performance, experience and reliability in the provision of similar types

of gymnasium and spin cycle equipment; Referee feedback;

Any other factor considered relevant – layout, delivery time, number of equipment and Cloud compatibility

An evaluation matrix was prepared detailing the weightings and scores for each criteria from the 4 submissions.

The tender specified that tenderers must submit details of equipment meeting or exceeding the minimum requirements. Tenderers could also provide an optional ‘alternative/premium’ offer that provided details of alternative equipment which significantly exceeded the minimum requirements. In addition, tenderers were given the option to submit proposals to supply both Gym Cardio and Spin Cycle Equipment or one of either.

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Two of the tenderers provided alternative options with their submission. Based on reference checks and on-site visits to test equipment, the TEP agreed to include the alternative options in the evaluation and the weighted scores above reflect this.

Three of the tenderers submitted proposals to supply both Gym Cardio and Spin Cycle Equipment. One tenderer submitted a proposal to supply Spin Cycle bikes only.

Tenderer D (Spin Cycle) was deemed to be non-conforming because information specifically requested in the Tender Evaluation Criteria, related to ‘Responsiveness in management of equipment and system breakdown during and after warranty period’ was not supplied.

The following table shows the tenders submitted and the weighted score from the evaluation:

Table 1 – Gym Cardio Equipment

Tenders received and weighted scores

Contractor Weighted Score

Tenderer A 67.85

Tenderer B 76.33

Tenderer B – Alternative Proposal

74.33

Technogym Australia Pty Ltd

83.90

Technogym Australia Pty Ltd - Alternative Proposal

85.41

Technogym Australia Pty Ltd – Alternative Proposal (BAFO)

85.29

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CONTRACT 0978-2019 FOR SUPPLY, INSTALLATION & MAINTENANCE OF HEALTH & FITNESS EQUIPMENT (CARDIO & SPIN CYCLES) FOR IVANHOE AQUATIC CENTRE cont’d

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Table 2 – Spin Cycle Equipment

Tenders received and weighted scores

Contractor Weighted Score

Tenderer A 72.67

Tenderer B 77.11

Technogym Australia Pty Ltd

46.20

Tenderer C 85.84

Tenderer C– Alternative Proposal

82.11

Technogym Australia Pty Ltd – Alternative Proposal (BAFO)

85.70

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

It is evident from the above weighted scores that Tenderer Chas obtained the highest score, and will deliver best value for money to Council.

Tenderer ‘B’ and ‘A’ had the lowest price for Gym Cardio and Spin Cycle equipment respectively. However, they could not demonstrate the ability to deliver the service

FUNDING IMPLICATIONS

The proposed contract will be funded from existing budget allocation in relation to Equipment Rental and Repairs and Maintenance.

OFFICER DECLARATION OF CONFLICT OF INTEREST

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

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

CONCLUSION

As a result of the tender evaluation, the Tender Evaluation Panel recommends that Council award Contract No. ‘0978-2019’ for the Supply, Installation & Maintenance of Health & Fitness Equipment (Cardio & Spin Cycles) for Ivanhoe Aquatic Centre to

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Technogym Australia Pty Ltd for a total of ‘$600,798.52’ (excl. GST) for equipment lease and maintenance over 4 years.

ATTACHMENTS

No. Title Page

1 Contract 0978 - 2019 Tender Evaluation Matrix - CONFIDENTIAL

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7.5 CONTRACT 0981-2019 FOR SWIMMING POOL PLANT PREVENTATIVE & REACTIVE MAINTENANCE

Author: Allan Primrose - Manager Banyule Leisure, Community Programs

EXECUTIVE SUMMARY

This report is to consider the awarding of Contract No 0981-2019 for Swimming Pool Plant Preventative & Reactive Maintenance.

Council is seeking to engage a professional organisation and industry leader to provide preventative and reactive maintenance to the pool water treatment plants at WaterMarc Banyule, Ivanhoe Aquatic & Fitness and Olympic Leisure Centres.

The Tender Evaluation Panel (TEP) has recommended awarding the contract to Roejen Services Pty Ltd in accordance with the tender and conditions as determined by Council for an Initial Contract Term of 3 years with 2 yearly extension options.

RECOMMENDATION

That:

1. Contract No. 0981-2019 for Swimming Pool Plant Preventative & Reactive Maintenance be awarded to Roejen Services Pty Ltd for $1,288,160 (ex. G.S.T) on a lump sum basis for preventative maintenance and on a schedule of rates basis for reactive maintenance. The contract is over a 3 year period with an extension option for a further 2 year period at Council’s discretion.

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

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

COUNCIL PLAN

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

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BACKGROUND

Council is seeking to engage a professional organisation and industry leader to provide preventative and reactive maintenance to the pool water treatment plants at WaterMarc Banyule, Ivanhoe Aquatic & Fitness and Olympic Leisure Centres.

The Contractor will be required to conduct regular preventive periodical maintenance as per the existing maintenance programs at all three sites (monthly at WaterMarc -Banyule, bi-monthly at the Ivanhoe Aquatic & Fitness Centre and quarterly at the Olympic Leisure Centre) in accordance with an agreed maintenance regime.

In addition, the Contractor will be required to respond to reactive (emergency or ad-hoc) requests for service of the pool plant and equipment.

Tenders were advertised in The Age on 23 February 2019 and on Council’s website. During the period that the tenders were open, seven (7) companies downloaded the tender documents. Tenders closed at 3pm and two (2) submissions were received by the closing time.

LEGAL CONSIDERATION

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

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

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

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

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

BANYULE PROCUREMENT POLICY

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

The purpose of this Policy is to:

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

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

and services.

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

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

HUMAN RIGHTS CHARTER

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

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

TENDER/QUOTATION EVALUATION

A Tender Evaluation Panel (TEP), comprising of officers from Banyule Leisure, Capital Works, Procurement Unit and representative from Belgravia, evaluated each tender response using a weighted matrix based on financial, technical, commercial and other criteria discussed further in this report.

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

The panel members individually scored the remaining tenders using a pre-set scoring guide, and then a consensus meeting was held to agree on the scores.

An evaluation matrix was prepared detailing the weightings and scores for each criteria from the two (2) submissions.

The following table shows the tenders submitted and the weighted score from the evaluation:

Table 1 – Tenders received and weighted scores

Contractor Weighted Score

Roejen Services Pty Ltd 86.50%

Tenderer B 61.52%

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

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Tender Evaluation Criteria

All tenders were evaluated using the following evaluation criteria, which was listed in the tender document:

Tendered price; Capacity and capability of Tenderer to undertake the services; Demonstrated experience of plant and equipment listed or similar; Commitment to service response levels and service KPI’s; Referee feedback and any other matter considered relevant; Accredited Management System and procedures; and Local and Social Sustainability;

It is evident from the above weighted scores that has obtained the highest score, and will deliver best value for money to Council.

FUNDING IMPLICATIONS

Council has allocated $440,000 in its 2019 budget for Swimming Pool Plant Preventative & Reactive Maintenance.

OFFICER DECLARATION OF CONFLICT OF INTEREST

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

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

CONCLUSION

As a result of the tender evaluation, the Tender Evaluation Panel recommends that Council award Contract No. 0981-2019, to Roejen Services Pty Ltd for the supply of Swimming Pool Plant Preventative & Reactive Maintenance services for an Initial Contract Term of 3 years with 2 yearly extension options.

ATTACHMENTS

No. Title Page

1 Contract 0981 - 2019 - Tender Evaluation Matrix - CONFIDENTIAL

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7.6 CONTRACT NO. 0984-2019 FOR THE PROVISION OF TRANSACTIONAL BANKING SERVICES

Author: Stephen Coulthard - Financial Accounting Coordinator, Corporate Services

EXECUTIVE SUMMARY

This report is to consider the awarding of Contract No 0984-2019 for “the provision of transactional banking services” for a period of 5 years with 2 yearly extension options.

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

RECOMMENDATION

That:

1. Contract No. ‘0984-2019’ for Provision of Transactional Banking Services be awarded to Commonwealth Bank of Australia for the tendered schedule of rates with the indicative price $1,454,474 (ex. GST). The contract is over a 5 year period with an extension option for a further 2 year period at Council’s discretion.

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

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

COUNCIL PLAN

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

BACKGROUND

Tenders were advertised in The Age on Saturday, 6 April 2019 and on Council’s website. During the period that the tenders were open, three companies downloaded the tender documents. Tenders closed on Tuesday, 30 April 2019 and three submissions were received by the closing time.

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LEGAL CONSIDERATION

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

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

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

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

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

BANYULE PROCUREMENT POLICY

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

The purpose of this Policy is to:

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

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

and services.

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

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

HUMAN RIGHTS CHARTER

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

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

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TENDER EVALUATION

A Tender Evaluation Panel (TEP) evaluated each tender using a weighted matrix based on financial, technical, commercial and other criteria discussed further in this report.

An evaluation matrix was prepared detailing the weightings and scores for each criteria from the three submissions.

The following table shows the tenders submitted, their tender prices and the weighted score from the evaluation:

Contractor Weighted Score

Commonwealth Bank of Australia 92.56%

Tenderer B 78.03%

Tenderer C 86.63%

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

Tender Evaluation Criteria

The three submitted Tenders were evaluated by all members of the TEP on the following criteria:

Tendered price Capability and Capacity to deliver required services Support services and relationship management Commitment to innovation Timeframes and methodology to implement new banking systems Commitment to ethical banking and social sustainability Accredited management systems and procedures

The tender Evaluation Team consisted of Council’s Manager of Financial Services, Financial Accounting Coordinator, Senior Accountant and an external banking consultant with significant experience and in-depth knowledge of the banking sector.

Tenders provided a schedule of rates, and using estimated volumes, an indicative price was calculated for each submitted tender. Based on the schedule of rates, Tenderer C had the lowest indicative price.

Tenderers were also assessed on the qualitative criteria. The TEP members individually evaluated and scored the submissions based on each of the non-priced criteria in accordance with the score guide.

Following the detailed evaluation of the tenders received, the tender submitted by the Commonwealth Bank of Australia has been assessed and scored by the TEP as able to deliver the best outcomes for Council and the best value for money.

The Commonwealth Bank of Australia is the current banking provider to Council.

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FUNDING IMPLICATIONS

Council has allocated sufficient funding in its 2019/20 operating budget (and future years) for the provision of transactional banking services.

OFFICER DECLARATION OF CONFLICT OF INTEREST

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

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

CONCLUSION

The Tender Evaluation Panel recommends that Council award Contract No. 0984-2019, to Commonwealth Bank Australia for the supply of transactional banking services for a period of 5 years with 2 yearly extension options. The provided schedule of rates indicates an estimated price of $1,454,474 (excluding GST) over 7 years.

ATTACHMENTS

No. Title Page

1 Banking Tender - Evaluation Matrix - CONFIDENTIAL

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7.7 ASSEMBLY OF COUNCILLORS

Author: Rhylie De Graaff - Governance Support Officer, Corporate Services

EXECUTIVE SUMMARY

Under the Local Government Act 1989 an Assembly of Councillors is defined as:

A meeting of an advisory committee of the Council, if at least one Councillor is present or; A planned or scheduled meeting of at least half of the Councillors and one member of Council staff which considers matters that are intended or likely to be:

a) the subject of a decision of the Council or; b) subject to the exercise of a function, duty or power of the Council that has

been delegated to a person or committee.

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

RECORD OF ASSEMBLIES

1 Date of Assembly: 27 May 2019

Type of Meeting: Councillor Briefing

Matters Considered: Waste Transfer Station Capital Works Update Councillor Training Child Safe Standards Budget Submissions

Councillors Present: Peter Castaldo Alison Champion Mark Di Pasquale Rick Garotti Craig Langdon Tom Melican

Staff Present: Allison Beckwith – Director Community Programs Marc Giglio – Director Corporate Services Scott Walker – Director City Development Geoff Glynn – Director Assets & City Services Gina Burden – Manager Governance & Communications Vivien Ferlaino – Governance Coordinator Kerryn Woods – Executive Assistant CEO & Councillors Russell Darling – Manager Operations Andrew Croft – Waste Management Coordinator James Kelly – Manager Delivery & Assets Matthew Deayton – Capital Works Coordinator Angela Johnson – Manager Human Resources Tania O’Reilly – Manager Finance & Procurement

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ASSEMBLY OF COUNCILLORS cont’d

Ordinary Meeting of Council - 24 June 2019 Page 76

Michael Fan – Senior Accountant Others Present: Catherine Dunlop – Maddock Lawyers

Conflict of Interest: Nil

2 Date of Assembly: 3 June 2019

Type of Meeting: Councillor Briefing

Matters Considered: Items on the Council Agenda for the Ordinary Meeting 24 June 2019 as listed below:

3.1 Ivanhoe Library and Cultural Hub Naming and Branding Recommendation (BACAC)

5.1 Banyule’s Unconstructed Roads 5.2 Mixed use Development at 8, 10 and 16

Seddon Street Ivanhoe (P1206/2018) 5.3 Draft Yarra River – Bulleen Precinct Land Use

Framework Plan 6.1 Wurundjeri Woi-wurrong Traditional Custodian

Acknowledgement Change 7.1 Assembly of Councillors

Councillors Present: Peter Castaldo Allison Champion Tom Melican Wayne Phillips

Staff Present: Simon McMillan – Chief Executive Officer Allison Beckwith – Director Community Programs Marc Giglio – Director Corporate Services Scott Walker – Director City Development Geoff Glynn – Director Assets & City Services Gina Burden – Manager Governance & Communications Ellen Kavanagh – Governance Officer Shawn Neilson – Communications Coordinator Joel Elbourne – Manager Planning & Building Liz Fleming - Team Leader Development Planning

Others Present: Nil

Conflict of Interest: Nil

RECOMMENDATION

That the Assembly of Councillors report be received.

ATTACHMENTS

Nil