2014 Maroondah Logo RGB.jpg

 

 

 

 

 

Councillor

(as addressed)

 

 

 

The next Council Meeting will be held in the Council Chamber, Braeside Avenue, Ringwood, on Monday 19 October 2015, commencing at 7:30pm and your presence is requested.

 

 

Yours faithfully

 

SKozlows.jpg

 

Steve Kozlowski

CHIEF EXECUTIVE OFFICER

 

 

Logo2

Council Chamber
is fitted with a Hearing Aid Induction Loop

 

Switch Hearing Aid to ‘T’ for Reception

 

City Offices

Braeside Avenue, Ringwood, 3134

Postal

PO Box 156, Ringwood 3134

DX 38068, Ringwood

Telephone

1300 88 22 33

 

 

Facsimile

Email

Web

 

Service Centres

Translating and Interpreting Service (TIS): 131 450

National Relay Service (NRS): 133 677

(03) 9298 4345

maroondah@maroondah.vic.gov.au

www.maroondah.vic.gov.au

 

Croydon: Civic Square

Ringwood: 1 Civic Place, Ringwood

 


 

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ORDER OF BUSINESS

1.       Prayer

2.       Acknowledgment of Country

3.       Apologies  

4.       Declaration of Interests

5.       Confirmation of Minutes of the Ordinary Council Meeting held on Monday 21 September 2015.

6.       Public Questions

7.       Officers’ Reports

Director Planning & Community

1.       'Start the Conversation' Project Findings and Recommendations                           5

2.       Lease Agreement For Norwood Preschool                                                            10

3.       Annual Report 2014/15                                                                                           13

4.       Local Law Review                                                                                                   18

Director Corporate Services

1.       Attendance Reports                                                                                              223

2.       Reports of Assembly of Councillors                                                                     225

3.       Councillor Representation Reports                                                                       232

4.       Financial Report: Two Months Ending 31 August 2015                                       240

5.       Municipal Association of Victoria State Council Meeting - Regional Motions      271

6.       Audit & Risk Advisory Committee Report                                                            280

Director Operations, Infrastructure & Leisure

1.       Community Sports Infrastructure Fund                                                                282

2.       Maroondah Carols 2015                                                                                       287

3.       Capital Works Report
Quarter Ending 30 September 2015                                                                     290   

8.       Motions to Review  

9.       Late Item

10.     Requests / Leave of Absence

 

 

 

11.     In Camera

Chief Executive Officer

1.       Chief Executive Officer Annual report and review - 2014/2015

Director Operations, Infrastructure and Leisure

1.       Tender Evaluation Report – Contract 20759 H.E. Parker Oval Reconstruction  

 


DIRECTOR Planning & Community Phil Turner

 

'Start the Conversation' Project Findings and Recommendations

Item 1

 

Purpose

To present the ‘Start the Conversation’ Project findings and recommendations to Council.  Representatives from R.A.W.r will be in attendance to speak to the recommendations provided in this report.

Strategic / policy issues

The following directions contained in Maroondah 2040: Our Future Together and the Council Plan 2013-2017 (Year 3: 2015-2016) provide the strategic framework that underpins the purpose of this report.

Outcome Area:  An inclusive and diverse community

Our Vision:  In 2040, Maroondah will be an inclusive community where social connections are strong across generations and diversity is embraced and celebrated.

Key Directions 2013 – 2017:

Advocate for and support the needs of people from all sexualities, gender identities and sex identities

Background

In 2014 Maroondah City Council received a $10,000 Healthy Equal Youth grant from the Victorian Government. This funding was used to deliver a project called ‘Start the Conversation’ which aimed to increase the inclusion of Same Sex Attracted, Sex and Gender Diverse (SSASGD) young people in Maroondah.

 

A key element of this project was to undertake consultation with young people around their attitudes and opinions towards SSASGD young people, and their ideas about how to make a more inclusive Maroondah.

 

Young people from the project steering group developed a number of consultation questions, and conducted focus groups with a total of 227 participants.  Participants included young people in schools, communities of faith, sporting clubs, scouts/guides and those who work with young people from refugee backgrounds.

 

The following report outlines the key findings of the research conducted and presents four recommendations to Council about what can be done to make a more inclusive Maroondah for SSASGD young people.

Issue / discussion

The following themes were discovered through the project’s consultation.

 

 

 

 

 

School & Community visibility

 

About 50% of youth focus group participants indicated that same-sex attraction (SSA) had been discussed or mentioned in some way as a part of sex education. This group indicated that education about SSA young people was not discussed in equal measure to heterosexual sex education and was often barely mentioned. Throughout the consultation, it became evident that some young people were also taught damaging and/or negative information as part of sex education about SSA issues. Some young people commented that they did not have any sex education at all and others commented that their sex education was taught within a religious context and they did not expect any information about non heterosexual sex.

 

Young people participating in the focus groups were generally unable to identify any visible signs of support for the Lesbian, Gay, Bisexual, Trans and Intersex (LGBTI) community within Maroondah. A minority of young people commented that they had seen rainbow stickers on shop/council buildings, however many had not noticed. When asked to identify positive/celebratory events for SSASGD young people focus group participants could not identify anything local. Some young people mentioned Pride March or Mardi Gras but acknowledged that these events were not local, and would be hard to access for a SSASGD young person in Maroondah.

 

Homophobic Language

 

One hundred percent of focus group participants said that they had personally witnessed homophobic language being used by their peers, stating that homophobic language was used on a daily basis in schools and common in other community groups, with comments such as “are you gay?” and “that’s gay” being used. Some young people could identify that this language may be offensive, stating that they “know it’s offensive but don’t care” and many commented that “it’s not serious” or “being said as a joke”.

 

When questioned on whether adults (i.e. teachers or group leaders) reacted to the use of this language the majority of focus group participants stated that it depended on the teacher/adult witnessing the behaviour. Young people who attended Christian schools however indicated that their teachers were good at addressing this language.

 

Young people mentioned that homophobic language was not confined to face-to-face interactions and that homophobic insults were common on social networks (i.e Facebook). A common ‘joke’ was changing a friend’s status to being gay, or calling opponents ‘gay’ on online games. Focus group discussions also indicated young men used homophobic language more often than young women, however this was not universal.

 

Bisexual & Trans Invisibility

 

Bisexuality was for the most part not mentioned at all by focus group participants until specifically asked about it. Participants indicated that the view of bisexuality amongst their peers was that it was often considered ‘a phase’ or ‘attention seeking’. Young people also mentioned that although there are a number of popular TV shows and movies which portray gay/lesbian characters there was few that showed bisexual characters.  Participants also reflected that when a celebrity came out as bisexual often the media would refer to them as gay/lesbian rather than bisexual.

Similarly to bisexuality, trans issues were not raised in the focus groups except when specifically raised by facilitators. Participants commented that transphobic language was used differently to homophobic language and was directed at trans people themselves rather than as a generalized insult. Young people were much less likely to have seen trans people portrayed in the media as compared to SSA people, however many noted that Cailtyn Jenner and Laverne Cox had recently raised the profile of trans people in the popular media.

 

Support options

 

When young people were questioned on where they could go for further support around issues relating to sexuality or gender identity the overwhelming response was that they would talk to a friend. Even when pushed to identify a professional or service they could approach, young people struggled to come up with anyone other than their friends, family members, or people they knew who identified as SSASGD. Young people who were able to name a service put forward headspace, minus18 and/or Maroondah Youth Services, however this was a very small group, and often came from young people who had engaged with these services in the past.

 

Focus groups participants identified that there were a number of challenges to having discussions about homophobia/transphobia within their groups. Young people in schools often commented that if the topic was raised ‘people wouldn’t take it seriously’, and that teachers didn’t always know how to talk about it. Young people also identified a fear of judgement or ridicule when asking questions about the topic or challenging friends on homophobic behaviour. Young people from communities of faith indicated that theological beliefs made it difficult to discuss the topic openly, and that sexuality/gender identity were often divisive issues within faith communities.

 

Recommended Actions

 

Based on the above findings, the steering group have developed the following recommendations to Council in order to make a more inclusive Maroondah for SSASGD young people.

 

1.    Sexual Health Education

One clear recommendation from this research is the need to advocate for the better representation of LGBTI issues in sexual health education. Although there is clear direction and scope for these issues in AusVELS curriculum, they are not currently being adequately addressed. In order to move forward Council should advocate for a more comprehensive sexual health education in local schools as well as look at supporting alternate ways of delivering this education (i.e. through offering diversity education (or something similar) as part of Youth Services School Ties program or funding external providers through the School Focused Youth Service).

 

2.       Social Action Group

Stemming from the above recommendation it is further suggested that an ongoing group for SSASGD young people and allies be formed in order to deliver/participate in activities that raise awareness for, and increase the inclusion of Maroondah’s SSASGD young people. This group would be formed for the purpose of taking action rather than as a group and its structure may vary depending on specific projects. The group would exist as long as it was required and be youth directed.

3.       Trans / Bisexual Invisibility

Steering group participants were concerned about the significant invisibility of trans/bisexual issues in the media/anti homophobia campaigns. It is recommended that Council ensures that any work done in the inclusion space regarding gay/lesbian community members also includes considerations for bisexual/trans/intersex as a specific and separate issue.

 

It is further recommended that work is done on specifically raising awareness around gender diversity in Maroondah in response to the lack of trans visibility in Maroondah.

 

4.       Maroondah Pride Event

The fact that focus group participants were unable to identify celebratory events for SSASGD people locally was of concern to the steering group.  As a result they suggested that Maroondah hold its own celebratory/‘pride’ event. It is recommended that an event such as this be developed and delivered by young people themselves, possibly through the FReeZA program or through the social action group proposed above.

Financial / economic issues

The above recommendations all fit within the scope of the work of Youth Services. These recommendations can be taken on by Youth Services with no additional resources required.

Environmental / amenity issues

Not Applicable

Social / community issues

Approximately 10% of the population (i.e. over 10,000 Maroondah residents) identify as Lesbian, Gay, Bisexual, Trans, or Intersex (LGBTI). Diversity in sexuality, gender identity and sex identity is something that should be acknowledged and embraced, but unfortunately those identifying as LGBTI too often experience discrimination and exclusion.

 

Research shows that homophobic discrimination and heterosexism (the favouring of opposite-sex sexuality and relationships) has resulted in people who identify as LGBTI:

·        experiencing higher rates of depression, suicidal ideation, suicide and other forms of self harm

·        frequently not accessing health services due to fear of discrimination

·        experiencing higher rates of alcohol, tobacco and other drug use, homelessness, experience of violence, disengagement from schooling, and poor physical health outcomes

As outlined in the Community Wellbeing Plan, Maroondah 2040 and the Maroondah Youth Plan, Maroondah City Council is committed to addressing the discrimination that can be faced by LGBTI community members. Adopting the above recommendations will go a long way in supporting Maroondah’s young LGBTI community members and maintain Council’s already strong stance against homophobia and transphobia.  

 

Community consultation

The Maroondah community has identified discrimination of LGBTI community members as an issue through a number of forums.

In consultation for the Community Wellbeing Plan 2013 – 2017, discrimination and disadvantage on the basis of gender, cultural background, socio-economic status, age, disability, and GLBTI status were identified as issues that are present in the Maroondah community.

As previously outlined, the recommendations proposed above are all based directly on consultation with young people and those who work with them. The recommendations themselves have been developed by SSASGD young people and their allies, those who are best placed to understand the issues and how to resolve them.

Conclusion

Implementation of the above recommendations will support commitments made by Council in the Maroondah Community Wellbeing Plan, Maroondah 2040 and the Maroondah Youth Plan. The initiatives will meet needs identified through community consultation and support the inclusion and mental health of an often marginalised group in the Maroondah community. 

 

 

Attachments

Not Applicable

CONFIDENTIALITY

Not Applicable

 

RECOMMENDATION

 

That COUNCIL notes the report and the recommendations contained therein and supports the development of initiatives that demonstrate inclusiveness based on gender, cultural background, socio-economic status, age, disability and glbti status.

 


DIRECTOR Planning & Community Phil Turner

 

Lease Agreement For Norwood Preschool

Item 2

 

Purpose

To seek Councils approval of the Lease Agreement between Maroondah City Council and Norwood Preschool and to authorise the signing and sealing of the relevant documentation subject to undertaking the administrative procedures under section 223 of the Local Government Act.

Strategic / policy issues

The following directions contained in Maroondah 2040: Our Future Together and the Council Plan 2013-2017 (Year 3: 2015-2016) provide the strategic framework that underpins the purpose of this report.

Outcome Area:  Safe, healthy and active community.

Our Vision:  In 2040 Maroondah will be a safe, healthy and active community with local opportunities provided for people of all ages and abilities to have high levels of social, emotional and physical wellbeing.

Key Directions 2015 – 2016:

1.21   Support and empower local communities groups, sporting clubs and special interest groups across Maroondah.

 

Background

 

There are twenty (20) kindergartens and two (2) child care centres in the municipality, located on Council land and occupying Council-owned premises.  Independent incorporated associations, via representative Committees of Management or Cluster Management operate these services.  New lease agreements for twenty one of these facilities have been renewed for the continued use and occupation of the facilities.

As the new Norwood Family & Children’s Centre facility was not completed the Norwood Preschool lease was agreed to be managed separately.

ISSUE/DISCUSSION

 

Council seeks to enter into a new Community Facilities Lease Agreement with the Norwood Preschool. Through a lease agreement made between Council and the lessees, the lessees will be granted use and occupation of the premises for a term of five (5) years with an option for a further five (5) years at annual rentals calculated in accordance with the principles of the Community Facilities Pricing Policy.

 

In accordance with the Government Act 1989, lease agreements for ten (10) years or more require Council to publish a public notice for at least four (4) weeks and allow for public submissions under section 223 on the proposed lease.

 


Pending public submissions, Officers recommend that Council approves the lease agreements upon the terms and conditions as set out in the Leases, the principal terms of which are:

·        Rental – Commencing at $232 per annum

·        Term – Five years with the option for a further five year term.

·        Maintenance – in accordance with the Community Facilities Standard Maintenance Schedule

·        Public Liability Insurance of $20M and glass replacement insurance.

Financial / economic issues

Council’s Community Facilities Pricing Policy provides an overarching framework to guide Council and ensures a consistent and transparent approach to the pricing of facilities. 

Environmental / amenity issues

Not Applicable

Social / community issues

The implementation of the standard Community Facilities Lease Agreement ensures the clear and equitable delineation of maintenance responsibilities for the tenants occupying Council owned and/or managed community facilities, consistent with the Community Facilities Pricing Policy, and supports a sustainable approach to the provision of facilities to support community groups.

Community consultation

The Lease will be advertised in The Age in accordance with section 190 of the Local Government Act 1989 and submissions invited in accordance with section 223. Should submissions be received a Committee of Council will be convened to hear any person wishing to be heard in support of their submission. Council will also consider all written submissions, and include a written report on the proceedings of any committee hearing conducted, following which it shall determine whether or not to enter into the lease agreement.

Conclusion

The Lease Agreement provides a mutually beneficial arrangement between Council and the Norwood Preschool for the continued use and management of a Council facility as an educational and care service.

 

 

Attachments

Not Applicable

CONFIDENTIALITY

Not Applicable

RECOMMENDATION

 

That council

 

1.       IN ACCORDANCE WITH SECTION 190 OF THE LOCAL GOVERNMENT ACT 1989 ‘THE ACT’ UNDERTAKEs THE STATUTORY PROCEDURES AND ADVERTSING TO ENTER INTO A 5 YEAR LEASE WITH A 5 YEAR OPTION FOR THE NORWOOD PRESCHOOL

2.       IN ACCORDANCE WITH SECTION 223 OF THE ACT:

 

i.        APPOINTS A COMMITTEE COMPRISING CRS ………….., ………… AND …………. TO HEAR ANY PERSON WISHING TO BE HEARD IN SUPPORT OF THEIR SUBMISSION, ON A DATE TO BE DETERMINED

ii.       CONSIDERS ALL WRITTEN SUBMISSIONS at a subsequent meeting of council, INCLUDING A WRITTEN REPORT ON THE PROCEEDINGS OF ANY COMMITTEE HEARING CONDUCTED, FOLLOWING WHICH IT SHALL DETERMINE WHETHER OR NOT TO ENTER INTO THE STATED LEASE AGREEMENT

3.       authorises THE DIRECTOR PLANNING AND COMMUNITY TO UNDERTAKE THE ADMINISTRATIVE PROCEDURES NECESSARY TO ENABLE COUNCIL TO CARRY OUT ITS FUNCTIONS UNDER SECTION 223 OF THE ACT IN RELATION TO THIS MATTER

4        IN THE EVENT OF NO SUBMISSIONS BEING RECEIVED, RESOLVES TO SIGN AND SEAL THE DOCUMENTATION WITH REGARD TO THE NORWOOD PRESCHOOL PARENT CLUB INCORPORATED LEASE AGREEMENT FOR THE INDEPENDENT INCORPORATED ASSOCIATION.

 


DIRECTOR Planning & Community Phil Turner

 

Annual Report 2014/15

Item 3

 

Purpose

To consider and discuss the Annual Report 2014/15 pursuant to the provisions of the Local Government Act 1989 (the Act) and associated regulations.

Strategic / policy issues

The following directions contained in Maroondah 2040: Our Future Together and the Council Plan 2013-2017 (Year 3: 2015/16) provide the strategic framework that underpins the purpose of this report.

Outcome Area:

A well governed and empowered community

Our Vision: 

In 2040, Maroondah will be an empowered community that is actively engaged in Council decision making through processes that consider the needs and aspirations of all ages and population groups. Council will provide strong and responsive leadership, ensuring transparency, while working with the community to advocate for and ‘champion’ local needs.

Key Directions 2013 – 2017:

8.1     Provide enhanced governance that is transparent, accessible, inclusive and accountable

8.2     Ensure responsible and sustainable management of Maroondah’s resources, assets, infrastructure and natural environment

Background

Under Section 131 of the Act, Council is required to prepare and submit an Annual Report to the Minister for Local Government within three months of the end of each financial year. The 2014/15 Annual Report was submitted to the Minister on 22 September 2015. Receipt of the report was subsequently acknowledged by the Minister’s office and Local Government Victoria.

 

Section 134 of the Act also requires Council to hold a meeting to consider the report within one month of submission to the Minister. This meeting is required to be an open meeting and at least 14 days’ notice of the meeting must be given.  Such notice was given in The Age newspaper on 24 September 2015 and the Maroondah Leader on 29 September 2015.

Issue / discussion

Council endorsed the Annual Report for submission to the Minister at its meeting held on 21 September 2015 and a copy of the report was subsequently forwarded on 22 September 2015.

 

The necessary statutory advertising has been undertaken and copies of the report have been made available from the Council Service Centres, Croydon and Ringwood Libraries, and Council’s website.

 

Key features of the Annual Report as required by section 131 of the Act, include the following matters:

·        A report of Council’s operations during the financial year

·        Audited financial statements for the financial year

·        Performance Statement prepared under Section 132

·        Report on the Performance Statement prepared under Section 133

·        Inclusion of Council results relating to the Local Government Performance Reporting Framework for 2014/15

The report demonstrates Council’s ongoing commitment to the Maroondah community, highlighting a range of achievements including:

 

Maroondah 2040

 

Maroondah 2040: Our future together was officially launched on 16 September 2014 at a community stakeholder event. This was an opportunity to celebrate the journey of developing our shared vision, explore the preferred future outlined by the community during the consultation process, and continue the conversation about how everyone can work towards the implementation of the Vision. To capture our shared community vision, two documents and an iPad app were produced, providing a comprehensive picture of the community’s vision, our shared key directions for the future and some indicators that we will use to measure our progress. The Vision was launched to the broader community at the Maroondah Festival on Sunday 9 November. The festival display provided the community with an opportunity to explore the key directions and preferred outcomes for our future. Council also commenced partnerships with local community groups, businesses and organisations to achieve the shared vision to ensure our City remains a great place to live, work, play and visit.

 

Aquanation

 

Construction has continued on Aquanation, with the external structure taking shape during August and September, and the installation of the waterslides creating excitement during March. Planning for the opening includes recruitment of over 200 employees across a range of specialist leisure skills, and foundation membership sales which will ensure high visitation for the $52.2 million facility.

 

Ringwood Activities Area

 

Council continued to work closely with QIC and the Victorian Government on the shared vision for the Ringwood Activities Area. Excavation of the Eastland site commenced early in the financial year and Ringwood’s skyline changed with six cranes in operation to construct the super structure for the $665 million retail and civic development. The development will increase the size of Eastland by approximately 50 per cent, providing more than 1700 new retail, hospitality and services jobs. Council’s Business & Development team has been working closely with Eastland to generate a range of local employment outcomes.

 

 

 

Council announced the name of its new Library, Learning and Cultural Centre. The name Realm and the associated branding has been developed in preparation for opening late in 2015. In May, Council secured $3 million from the Federal Government to create a regional centre for knowledge and innovation at Realm.

 

Work commenced on the $66 million Ringwood Station and Bus Interchange upgrade in September. Demolition of the site saw the heritage listed signal box moved to the station forecourt where it will be restored and transformed into a cafe/kiosk with restrooms. New ramps, lifts and escalators will be installed, and a new concourse and forecourt will link to Council’s new town square.

 

Boulevard treatment works along Maroondah Highway commenced between Ringwood Street and Warrandyte Road as part of the Victorian Government’s commitment to the Activities Area.

 

Changing Places

 

Council has taken a lead advocating for Changing Places facilities in Australia, and opened in October 2014 the first fully qualified Changing Paces toilet in Australia at Ringwood Lake Park while committing to a Changing Places toilet in Realm, Council’s new Library, Learning and Cultural Centre. QIC have committed to build two Changing Places in the new Eastland, the first for a shopping centre in Australia. The word is spreading, with the Victorian Government committing to delivering six Changing Places at major venues across Melbourne, including the MCG, Melbourne Zoo and Rod Laver Arena; Western Australia, Queensland and New South Wales have also committed to installing these facilities in a range of venues. The Changing Places design incorporates: a height adjustable adult-sized changing bench; a tracking hoist system; enough space to manoeuvre a wheelchair; and a safe and clean environment.

 

Norwood Family and Children’s Centre

 

The Norwood Family and Children’s Centre was opened in January at Notlen Reserve in Ringwood. The state of the art centre features two outdoor play spaces in a natural bush setting, and is home to Norwood Preschool, Council’s Maternal and Child Health service, Breast Feeding Support Service and Early Parenting Program. The project was funded by
$2 million from Council’s Capital Expenditure Program and $880,000 from the Victorian Government - Children’s Facilities Capital Program.

 

Establishment of Maroondah Liquor Accord

 

Council is developing the Maroondah Liquor Accord to encourage and promote best practice and high standards of behaviour in and around licensed premises within Maroondah that contribute to patron, staff and community safety. The development of the Accord is a key recommendation from Maroondah City Council’s Alcohol Management Framework (2013) which guides best practice in line with the rapid and diverse development within the City. The Maroondah Liquor Accord brings together licensees of hotels, licensed restaurants/cafes, licensed clubs, packaged liquor outlets, cinemas and sporting clubs in agreement on how alcohol can be sold and distributed in a responsible way, while maximising the safety and enjoyment of staff, patrons and community members. The Accord is supported by Victoria Police, the Victorian Commission for Gambling and Liquor Regulation. It reflects a commitment to collaboration and consistency around best practice with the overall goal of creating safer cultures around alcohol.

Parkwood

 

Council successfully negotiated a six year lease agreement with the Department of Education for Parkwood, the site of the former Parkwood Secondary College and took possession of the site in October. Refurbishment of the remaining buildings was undertaken, to create future homes for the North Ringwood Community House and Ringwood Men’s Shed, who commenced their operations in Term 1 of 2015. Maroondah Toy Library, Penumbra Centre, Ringwood & District Historical Society and Ringwood U3A will also move to the site. Council has provided funding in excess of $1.5 million, covering annual rent and the cost of building improvements, and will continue to work closely with the Department to develop a long term solution for the use of the site.

Financial / economic issues

The cost of printing Council’s 2014/15 Annual Report is met within the current budget. A relatively small number of Annual Report copies will be printed on recycled stock to meet statutory, administrative and community needs. The Annual Report will also be made available on Council’s website for download.

Environmental / amenity issues

Not Applicable

Social / community issues

Not Applicable

Community consultation

Pursuant to section 134 of the Act Council must give public notice:

·        that the Annual Report has been prepared; and

·        the locations from which copies of the annual report can be obtained before the Council meeting on 19 October 2015.

In accordance with the provisions of the Act, such public notice was published in The Age newspaper on 24 September 2015. A public notice was also placed in the Maroondah Leader newspaper on 29 September 2015.

 

Copies of the endorsed Annual Report were also made available for inspection at the Council Service Centres, Croydon and Ringwood Libraries and Council’s website. 

 

No submissions were received. 

 

Following earlier distribution of the Annual Report, further copies will be made available for perusal at the Council Meeting on the 19 October should they be required.

 

 

 

Conclusion

The Annual Report 2014/15 confirms that Council has made significant advances towards achieving the community aspirations relating to community service delivery, environmental enhancement, economic development, infrastructure development and civic administration and leadership, in addition to its statutory requirements under section 131 of the Act.

 

 

Attachments

Not Applicable

CONFIDENTIALITY

Not Applicable

 

RECOMMENDATION

 

That COUNCIL

1.      FORMALLY ENDORSES THE 2014/15 ANNUAL REPORT

2.      NOTES THAT RELEVANT STATUTORY REQUIREMENTS HAVE BEEN MET

 


DIRECTOR Planning & Community Phil Turner

 

Local Law Review

Item 4

 

Purpose

The purpose of this report is to provide Councillors with an overview to the process undertaken to develop a new local law to be placed on public exhibition as per the requirements of section 223 of the Local Government Act 1989.

 

Strategic / policy issues

The following directions contained in Maroondah 2040: Our Future Together and the Council Plan 2013-2017 (Year 3: 2015-2016) provide the strategic framework that underpins the purpose of this report.

Outcome Area:   A safe, healthy and active community
A Well Governed And Empowered Community

Our Vision: 

In 2040, Maroondah is a safe, healthy and active community with local opportunities provided for people of all ages and abilities to have high levels of social, emotional and physical wellbeing.

In the year 2040, Maroondah will be an effectively empowered community that is actively engaged in Council decision making through processes that ensure their voice is heard and considered. Council provides strong and responsive leadership, ensures transparent processes and works with the community to advocate and champion their needs.

Key Directions 2013 – 2017:

A SAFE COMMUNITY

1.1     Work in partnership to address community safety issues, with a focus on activity centres, public spaces, roads and public transport

1.2     Plan and advocate for the application of community safety principles that facilitate a safe built environment

A WELL GOVERNED COMMUNITY

8.1     Provide enhanced governance that is transparent, accessible, inclusive and accountable

8.2     Ensure responsible and sustainable management of Maroondah’s resources, assets, infrastructure and natural environment

8.4     Foster a Council culture of innovation, cooperation, commitment, communication and continuous improvement that positions Maroondah as a leader in local government


AN EMPOWERED COMMUNITY

8.7     Ensure that all community members have access to and are informed on matters that affect them, including the provision of tailored information for under-represented and hard-to-reach groups

8.8     Undertake inclusive engagement and consultation using accessible and tailored approaches to consider the needs and aspirations of different age and population groups

8.9     Create opportunities for shared decision making through active community involvement

8.11   Foster a Council culture of collaboration and partnerships with individuals, community groups, businesses, service providers and other levels of government

8.13   Encourage individuals, groups and organisations to proactively connect with and contribute to their local community

8.14   Work in partnership to deliver services that recognise and are responsive to the interests and needs of the Community Plan and advocate for the application of community safety principles that facilitate a safe built environment

Background

Council Officers have undertaken an extensive review of Councils current local laws with a view to ensuring that it addresses contemporary community needs and that the local law remains readily accessible, and importantly provides clear direction and information.

 

This report details the review process, including community and stakeholder engagement, and proposes that Council agree to place the draft proposed new Local Law 11 and the Community Impact Statement (developed through Local Law Review process) on public exhibition seeking feedback on proposed additions and amendments to the local law, The exhibition period is proposed to be from 23 October 2015 to 20 November 2015, which is in accordance with legislative requirements prescribed under section 223 of the Local Government Act 1989. 

 

Should submissions requesting to be heard in person be received, an opportunity will be afforded to the submitting party to also address a panel of three Councillors to formally receive and consider the submission.

Issue / discussion

Maroondah’s Local Law 8 came into effect in 2010 and is not due to sunset until the end of 2019; however Council has identified the opportunity to make changes to the local law to ensure that it is continuing to meet community expectations.  These expectations generally relate to matters of health, amenity and safety, and also good governance ensuring the clarity and efficacy of the local law. 

 

 

 

The objectives of the proposed General Local Law 11 remain the same as those of Local Law 8, to:

·    Provide for and assure equitable, orderly and enjoyable use by people of community facilities including roads

·    Support provision by Council of a safe, clean and health environment in areas under its control and management

·    Provide generally for the peace, order and good governance of the municipal district

Proposed changes to the Local Law (New Local Law 11)

Before detailing the proposed changes to the local law, it is important to recognise that such changes need to be carefully considered and reviewed.  A Local Law Community Impact Statement (LLCIS) is a best practice industry standard tool used to consider and review the existence of each clause within the Local Law.  Where amendments are proposed, the LLCIS will discuss the issues pertaining to this proposed change, how the amendment measures against neighbouring Councils, and why the existing legislation is not adequate to address the nature of the problem the clause currently presents.

 

The proposed local law is provided at Attachment 1 to this report, and it along with the LLCIS at Attachment 2 provides detail for each and every change proposed, no matter how minor.  A summation of the changes can however be provided and the Local Law review has identified four proposed types of amendments, being:

1.       New Laws 

2.       Significant amendments to existing laws

3.       Minor changes and clerical amendments

4.       Changes to the infringements schedule

Details of the main changes being the New Local Laws and Significant Amendments are below.

 

1.       New Laws

 

Vacant Buildings

This section is proposed to target dilapidated buildings in the municipality which impact community amenity and safety. The law stipulates that an owner must make the property safe. This may include erecting fencing to restrict access.

 

Animal Housing Conditions

This section is designed to be a guiding framework for responsible pet ownership and the healthy keeping of animals.  Issues addressed include sanitation, size, welfare, nuisance, wastewater & drainage, prevention of wandering, vermin, distance and location from neighbouring properties and boundary fencing. 

 

 

 

 

Building Site Management

Building Code of Practice clauses are being moved into the body of the Local Law.  Previously the Code of Practice could not be readily enforced without going to court. The provision provides for consistent and clear management requirements for building sites to ensure external impacts such as rubbish, dirt on roads, noise and other amenity matters are able to be more effectively managed and enforced. 

 

Temporary buildings and shipping containers

Given concerns raised regarding the impact of shipping containers and other temporary structures on neighbourhood amenity, a permit requirement has been added to address these issues.

 

2.       Significant amendments to existing laws 

 

Storage of Vehicles and Machinery

Amendments are proposed to reduce the number of unregistered motor vehicles allowed on a property from three to two.  Where there are unregistered vehicles visible from an adjoining road they must be confined to a driveway or an area which is usually used to store vehicles rather than being stored in ad hoc locations such as the front lawn. This amendment intends to preserve neighbourhood amenity by limiting the number of unregistered vehicles visible from adjoining roads and does not prevent storage in back yards.

 

Vehicles in a Public Place

This section has been renamed for clarity and to avoid ambiguity over the meaning of an ‘abandoned vehicle’.  This is replaced with a clause limiting the amount of time trailers, caravans, boats and other vehicles that are not powered by a motor can be left in a public place as no longer than 48 hours.

 

Council receives a significant number of complaints in relation to trailers and caravans on roads. Restrictions for caravans and trailers in a public place meets a community need to formally address public amenity concerns where these vehicles are left on roads and Council land, whilst still allowing vehicle owners a window in which to move their vehicles to private land. This also takes into account clauses in the Local Government Act where 60 days must pass before a registered vehicle is deemed to be abandoned. The clause deliberately excludes legally parked cars.

 

Conduct in a Municipal Reserve (2 amendments)

Clarifying cricket, football, bowls, tennis and lacrosse as non high-risk sports.  Currently, the circumstances under which a person is able to engage with low-risk sports such as cricket and football are not clear. The amendments to this section, which are proposed in review with neighbouring Councils, intend to identify and address the need to prevent high-risk sport activities like archery and golf in municipal reserves

 

Prohibiting the use of a Municipal Reserve without prior approval for organised sports and activities that make charges against users.  Municipal reserves have at times been used as locations for which organisations may be conducting business. These organisations include personal fitness and training companies.

 

 

 

Incinerators and Burning

Removes exemption for outdoor burning for heating purposes in line with neighbouring Councils (Whitehorse, Manningham and Yarra Ranges). Adds clause that no nuisance is to be caused by fire in the open.  Use of Barbeques continues with a definition of barbecue provided – ‘Barbecue’ means a structure or device designed or constructed for the exclusive purpose of cooking food in the open air for human consumption.

Financial / economic issues

There are unlikely to be significant financial or economic impacts. Changes to the penalties schedule (see Appendix 1) raise penalty units / amounts ( 1 unit equals $100)  remain minor, the most significant changes being the introduction of penalties for poorly managed building sites and higher penalty provisions for incorporated bodies where individuals can be fined $500 and companies fined $1000 for significant breaches.  It is expected that such fines will provide effective deterrence coupled with education and therefore it is not anticipated that these changes will substantially affect the overall income from fines issued.

 

The penalties schedule has been reviewed to ensure that penalties are appropriate for each offence, are comparable with neighbouring Councils and with other legislative provisions such as the Planning & Environment Act 1987.

Environmental / amenity issues

Revision of the local law is aimed at ensuring that Council is able to ensure that community expectations for the maintenance of amenity and safety are met. For example, the incorporation of the Building Code of Practice clauses into the body of the local law with associated infringement penalties will allow officers to deliver better safety, amenity and environmental outcomes around building and development sites.

Social / community issues

The proposed local law is intended to provide a framework to ensure the protection of community health, safety and amenity. The community impact statement outlines the rationale for proposed changes as well as the considerations given to potential impact on the community.

 

Proposed changes have been benchmarked against provisions in local laws for neighbouring Councils to ensure consistency. Consideration has been given to ensure there is no breach of the Human Rights Charter and that the proposed local law does not conflict with other legislative provisions. Legal opinion has also been sought regarding drafting of clauses to ensure that proposed changes are able to be fairly and reasonably enforced.

Community consultation

As part of the review process, Council officers have consulted extensively with internal departments and community members. There has been an extensive review of information available through community surveys (such as Maroondah 2040, Community Satisfaction Surveys and Australian Bureau of Statistics information), review of Council’s Customer request database, and direct community consultation at Café Consult (Maroondah Festival 2014).

 

The next phase of community consultation is proposed to be from 23 October 2015 to 20 November 2015.  This period of exhibition of the draft Local Law provides further opportunities for community feedback to be provided on the changes and also suggestions of other changes to be considered.

Conclusion

Draft Local Law 11 has taken into account feedback received and incorporated four categories of changes:

·                New clauses (including incorporation of Building Site Code of Practice)

·                Significant amendments

·                Changes to the infringements schedule (including penalties for new clauses, penalty changes and provision for higher penalties for incorporated bodies for some offences)

·                Drafting changes and other clerical amendments to improve accessibility (no change to intent of clause)

The Community Impact Statement lists each clause of the current Local Law 8 and has identified each proposed change along with the rationale for that change. Where changes are proposed, the draft change is listed alongside the existing clause; new clauses are also included in the Community Impact Statement.

 

By placing Draft Local Law 11 and the Community Impact Statement on public exhibition, Council provides an opportunity to the community to review Council’s considerations regarding proposed changes to the local law and to raise any concerns with the draft local law.

 

 

Attachments

1.

Community Impact Statement Local Law No 11

2.

2016 Proposed Local Law No. 11

CONFIDENTIALITY

Not Applicable

 

RECOMMENDATION

 

That COUNCIL

1.       ACTING UNDER section 111 OF THE LOCAL GOVERNMENT ACT 1989 (‘tHE ACT’) gives notice of its intention to make local law no. 11 and RESOLVES to commence THE STATUTORY PROCEDURES

2.       gives PUBLIC NOTICE IN the victoria government GAZETTE, the age and maroondah leader newspaper, seeking submissions on the proposed Local Law in accordance with sections 119 and 223 of the Act

 

 

3.       in accordance with section 223 of the act:

 

i.        appoints a committee comprising councillors ……….., ……….. and ……….. to hear any person wishing to be heard in support of their submission, on a date to be determined

ii.       SHALL consider all written submissions AT A SUBSEQUENT MEETING OF COUNCIL, including a written report on the proceedings of any committee hearing conducted, following which it will determine whether or not to make local law no. 11

4.       authorises the director planning & community to undertake the administrative procedures necessary to enable council to carry out its functions under section 223 of the act in relaTION TO THIS MATTER

 


ATTACHMENT No: 1 - Community Impact Statement Local Law No 11

 

Item  4

 


 


 


 


 


 


 


 


 


ATTACHMENT No: 1 - Community Impact Statement Local Law No 11

 

Item  4

 


ATTACHMENT No: 1 - Community Impact Statement Local Law No 11

 

Item  4

 


 


 


 


 


 


 


 


 


 


ATTACHMENT No: 2 - 2016 Proposed Local Law No. 11

 

Item  4

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 

 


DIRECTOR Corporate Services Marianne Di Giallonardo

 

Attendance Reports

Item 1

 

Purpose

To provide an opportunity for Councillors to report on Council activities undertaken since the last Ordinary Meeting of Council and forthcoming ward activities.

Strategic / policy issues

The following directions contained in Maroondah 2040: Our Future Together and the Council Plan 2013-2017 (Year 3: 2015-2016) provide the strategic framework that underpins the purpose of this report.

Outcome Area:  A well governed and empowered community

 

Our Vision:  Maroondah is an effectively empowered community that is actively engaged in Council decision making through processes that ensure their voice is heard and considered.  Council provides strong and responsive leadership, ensures transparent processes and works with the community to advocate and champion their needs

Key Directions 2014 – 2015:

8.1     Provide enhanced governance that is transparent, accessible, inclusive and accountable

Background

Not Applicable

Issue / discussion

It is intended that the Mayor and Councillors be given the opportunity to present a verbal or written report updating Council on the activities they have undertaken in their role as Councillors and forthcoming ward activities.

Financial / economic issues

Not Applicable

Environmental / amenity issues

Not Applicable

Social / community issues

Not Applicable

Community consultation

Not Applicable

Conclusion

It is appropriate that Councillors formally report to Council upon the activities they have undertaken in their role as Councillors.

 

 

Attachments

Not Applicable

CONFIDENTIALITY

Not Applicable

 

RECOMMENDATION

 

That COUNCIL RECEIVES AND NOTES THE REPORTS AS PRESENTED BY COUNCILLORS

 


DIRECTOR Corporate Services Marianne Di Giallonardo

 

Reports of Assembly of Councillors

Item 2

 

Purpose

To present the ‘Public Record’ of those Assembly of Councillors briefings which are attended by all Councillors and generally held on Monday evenings at the City Offices Ringwood, usually two weeks prior to the formal Council Meeting, and to note the issues discussed.

Strategic / policy issues

The following directions contained in Maroondah 2040: Our Future Together and the Council Plan 2013-2017 (Year 3: 2015-2016) provide the strategic framework that underpins the purpose of this report.

Outcome Area:  A well governed and empowered community

 

Our Vision:  Maroondah is an effectively empowered community that is actively engaged in Council decision making through processes that ensure their voice is heard and considered.  Council provides strong and responsive leadership, ensures transparent processes and works with the community to advocate and champion their needs

Key Directions 2014 – 2015:

8.1     Provide enhanced governance that is transparent, accessible, inclusive and accountable

Background

An Assembly of Councillors, as defined under the Local Government Act 1989 [s.3], is a planned or scheduled meeting, comprising at least five (5) Councillors and one (1) member of Council staff, that considers matters that are intended or likely to be:

 

·                the subject of a decision of the Council; or

·                subject to the exercise of a delegated function, duty or power of Council

Examples of an Assembly of Councillors may include:

 

·                Councillor Briefings (which are attended by all Councillors and generally held on Monday evenings),

·                On-site inspections,

·                Consultative Meetings with residents, developers, consultants,

·                Panel Hearings conducted under s223 of the Act,

·                Meetings with local organisations, Government Departments, statutory authorities, and local politicians

 

 

Issue / discussion

As part of decision making processes at Maroondah, it is essential that Councillors are briefed on a range of issues which come before Council for consideration.  As a means of providing this information, Assembly of Councillors briefings are conducted.

 

Assemblies are also attended by Council Officers, and sometimes other specific advisors, to provide Councillors with a detailed knowledge and understanding of issues under consideration to a level of detail that would inhibit timely decision-making, that would not be possible in an open Council meeting, where decision-making related debate is governed by strict meeting procedures.

 

The intent of this report is to present the ‘Public Record’ of those Assembly of Councillors briefings which are attended by all Councillors and generally held on Monday evenings, and to note the items discussed.  This information is already available to the public upon request in accordance with the Local Government Act [s.80A].

 

This report and attachments formally table the information items previously covered by Councillors.

 

The ‘Public Record’ of the Assembly of Councillors briefings that were held in 3 separate briefings on 21 September 2015 and another one on 5 October 2015 are attached for information.

 

The items contained therein were noted.

Financial / economic issues

Not Applicable

Environmental / amenity issues

Not Applicable

Social / community issues

Not Applicable

Community consultation

Not Applicable

Conclusion

Assembly of Councillors briefings are important forums for advice and discussion, on what are often complex issues facing the municipality, in the lead up to formal decisions being made by Councillors at Council Meetings.  At Assemblies, or outside them, Councillors also have the opportunity of requesting additional information to assist in the decision making process.

 

 

 

It is appropriate that the ‘Public Record’ of those Assembly of Councillors briefings which are attended by all Councillors and generally held on Monday evenings at the City Offices Ringwood, usually two weeks prior to the formal Council Meeting, be noted at a formal meeting of Council.

 

 

Attachments

1.

2015 September 21 3.00pm - Assembly of Councillors - Public Record

2.

2015 September 21 4.30pm - Assembly of Councillors - Public Record

3.

2015 September 21 6.00pm - Assembly of Councillors - Public Record

4.

2015 October 5 6.00pm - Assembly of Councillors - Public Record

CONFIDENTIALITY

Not Applicable

 

RECOMMENDATION

 

THAT COUNCIL RECEIVES AND NOTES THE PUBLIC RECORD OF THE FOLLOWING ASSEMBLY OF COUNCILLORS BRIEFINGS

-      21 SEPTEMBER 2015 AT 3.00PM

-      21 SEPTEMBER 2015 AT 4.30PM

-      21 SEPTEMBER 2015 AT 6.00PM

-      5 OCTOBER 2015 AT 6.00PM

 


ATTACHMENT No: 1 - 2015 September 21 3.00pm - Assembly of Councillors - Public Record

 

Item  2

 

 

 

 2014 Maroondah Logo RGB.jpg

 

ASSEMBLY OF COUNCILLORS – PUBLIC RECORD

 

 

Assembly Details:

 

 

 

 

 

Date: Monday 21 September 2015

Time: 3.00pm

Location: Meeting Room 4, Braeside Avenue, Ringwood

 

 

 

Attendees:

 

 

 

 

 

Councillors

 

 

Cr Tony Dib, JP

Cr Nora Lamont

Cr Les Willmott, JP

Cr Mary-Anne Lowe

Cr Samantha Marks

Cr Rob Steane

 

 

 

Council Officers:

 

 

Steve Kozlowski

Chief Executive Officer

Marianne Di Giallonardo

Director Corporate Services

Phil Turner

Director Planning & Community

Trevor Welsh

Director Operations, Infrastructure & Leisure

 

 

Others:

 

 

Tony Clark

Federal ALP Candidate of Deakin

 

 

 

Apologies:

 

 

Councillors:

Cr Christina Gleeson, Cr Natalie Thomas, Cr Liam Fitzgerald

Council Officers:

Nil

 

 

 

Conflict of Interest Disclosure:

 

Councillors:

Nil

 

Council Officers:

Nil

 

 

 

 

 

Matters Discussed:

## Confidential Item

 

 

 

 

1

Maroondah Federal Advocacy Strategy 2015/16

 

Record completed by:

Council Officer

Marianne DiGiallonardo

Title

Director Corporate Services

 


ATTACHMENT No: 2 - 2015 September 21 4.30pm - Assembly of Councillors - Public Record

 

Item  2

 

 

 

 2014 Maroondah Logo RGB.jpg

 

ASSEMBLY OF COUNCILLORS – PUBLIC RECORD

 

Assembly Details:

 

 

 

 

 

Date: Monday 21 September 2015

Time: 4.30pm

Location: Meeting Room 4, Braeside Avenue, Ringwood

 

 

 

Attendees:

 

 

 

 

 

Councillors

 

 

Cr Tony Dib, JP

Cr Nora Lamont

Cr Les Willmott, JP

Cr Mary-Anne Lowe

Cr Samantha Marks

Cr Rob Steane

 

 

 

Council Officers:

 

 

Steve Kozlowski

Chief Executive Officer

Marianne Di Giallonardo

Director Corporate Services

Phil Turner

Director Planning & Community

Trevor Welsh

Director Operations, Infrastructure & Leisure

 

 

Others:

 

 

Michael Sukkar

Federal Member of Deakin

Paolo Damante

Ministerial Advisor

 

 

 

Apologies:

 

 

Councillors:

Cr Christina Gleeson, Cr Natalie Thomas, Cr Liam Fitzgerald

Council Officers:

Nil

 

 

 

Conflict of Interest Disclosure:

 

Councillors:

Nil

 

Council Officers:

Nil

 

 

 

 

 

Matters Discussed:

## Confidential Item

 

 

 

 

1

Maroondah Federal Advocacy Strategy 2015/16

 

Record completed by:

Council Officer

Marianne Di Giallonardo

Title

Director Corporate Services

 


ATTACHMENT No: 3 - 2015 September 21 6.00pm - Assembly of Councillors - Public Record

 

Item  2

 

 

 2014 Maroondah Logo RGB.jpg

 

ASSEMBLY OF COUNCILLORS – PUBLIC RECORD

 

Assembly Details:

 

 

 

 

 

Date: Monday 21 September 2015

Time: 6.00pm

Location: Meeting Room 4, Braeside Avenue, Ringwood

 

 

 

Attendees:

 

 

 

 

 

Councillors

 

 

Cr Tony Dib, JP

Cr Nora Lamont

Cr Les Willmott, JP

Cr Mary-Anne Lowe

Cr Samantha Marks

Cr Rob Steane

Cr Christina Gleeson

Cr Natalie Thomas

 

 

 

 

Council Officers:

 

 

Steve Kozlowski

Chief Executive Officer

Marianne Di Giallonardo

Director Corporate Services

Phil Turner

Director Planning & Community

Trevor Welsh

Director Operations, Infrastructure & Leisure

 

 

Others:

 

 

John Mowat

Heatherdale Level Crossing Removal Project

Frank De Santis

VicRoads

Shazz Duijkers-Mahood

Level Crossing Removal Authority

Apologies:

 

 

Councillors:

Cr Liam Fitzgerald

Council Officers:

Nil

 

 

 

Conflict of Interest Disclosure:

 

Councillors:

Nil

 

Council Officers:

Nil

 

 

Matters Discussed:

## Confidential Item

 

 

 

 

1

Council Meeting Agenda

2

Heatherdale Road Railway Separation (Presentation)

3

Maroondah Festival Update (Attachment)

4

Community Sports Infrastructure Fund (Attachment)

 

Record completed by:

Council Officer

Stephen Onans

Title

Team Leader Governance

 


ATTACHMENT No: 4 - 2015 October 5 6.00pm - Assembly of Councillors - Public Record

 

Item  2

 

2014 Maroondah Logo RGB.jpg

 

ASSEMBLY OF COUNCILLORS – PUBLIC RECORD

 

Assembly Details:

 

 

 

 

 

Date: Monday 5 October 2015

Time: 6.00pm

Location: Meeting Room 4, Braeside Avenue, Ringwood

Attendees:

 

 

 

 

 

Councillors

 

 

Cr Tony Dib, JP

Cr Les Willmott, JP

 

Cr Christina Gleeson

Cr Mary-Anne Lowe

 

Cr Natalie Thomas

 

 

 

 

 

Council Officers:

 

 

Steve Kozlowski

Chief Executive Officer

Marianne Di Giallonardo

Director Corporate Services

Phil Turner

Director Planning & Community

Trevor Welsh

Director Operations, Infrastructure & Leisure

Andrew Fuaux

Manager, Planning, Health & Local Laws

Debra Styles

Team Leader, Local Laws

Adam Cooper

Acting Manager, Community Services

Mel Jeffrey

Youth Program Worker, Community Services

Tanya Clark

Program Manager, Aged & Disability, Community  Services

Stephen Onans

Team Leader Governance

 

 

Apologies:

 

 

Councillors:

Cr Nora Lamont, Cr Samantha Marks,

Cr Liam Fitzgerald, Cr Rob Steane

Council Officers:

Nil

 

 

 

Conflict of Interest Disclosure:

 

Councillors:

Nil

 

Council Officers:

Nil

 

 

Matters Discussed:

## Confidential Item

 

 

 

 

1

Local Law Review

2

'Start the Conversation' presentation

3

HACC Reform Update

4 ##

HE Parker Ground Renovation Tender

5

Carols by Candlelight Update

6

Community Assistance Fund

7

Regional/Maroondah MAV Motions

 

Record completed by:

Council Officer

Stephen Onans

Title

Team Leader Governance


DIRECTOR Corporate Services Marianne Di Giallonardo

 

Councillor Representation Reports

Item 3

 

Purpose

To receive and note the following meeting minutes and to provide an opportunity for Council’s representative to provide a further verbal report.

·        Minutes of the Maroondah Disability Advisory Committee Meeting on 3 September 2015

·        Minutes Maroondah Partners in Community Wellbeing on 31 August 2015

Strategic / policy issues

The following directions contained in Maroondah 2040: Our Future Together and the Council Plan 2013-2017 (Year 3: 2015-2016) provide the strategic framework that underpins the purpose of this report.

Outcome Area:  A well governed and empowered community

 

Our Vision:  Maroondah is an effectively empowered community that is actively engaged in Council decision making through processes that ensure their voice is heard and considered.  Council provides strong and responsive leadership, ensures transparent processes and works with the community to advocate and champion their needs

Key Directions 2013 – 2017:

8.1     Provide enhanced governance that is transparent, accessible, inclusive and accountable.

Background

As part of Council's commitment to the principles and practice of good governance, it is appropriate that Councillors and the Community are formally updated on the actions and activities of the various organisations bodies/advisory groups upon which it is represented.

Issue / discussion

Council is represented on numerous Boards and Organisations. Appointments are made annually by Council at the commencement of the new Mayoral term in November.

 

Crs Fitzgerald and Lamont are Council’s representatives on the Maroondah Disability Advisory Committee

Crs Lamont and Marks are Council’s representatives on the Maroondah Partners in Community Wellbeing Committee

Financial / economic issues

Not Applicable

Environmental / amenity issues

Not Applicable

 

Social / community issues

Not Applicable

Community consultation

Not Applicable

Conclusion

It is appropriate that Councillors and the Community are formally updated on the actions and activities of the various organisations bodies/advisory groups upon which Council is represented.

 

 

Attachments

1.

Minutes - Maroondah Disability Advisory Committee Meeting 3 September 2015

2.

Minutes - Maroondah Partners in Community Wellbeing meeting 31 August 2015

CONFIDENTIALITY

Not Applicable

 

RECOMMENDATION

 

That COUNCIL RECEIVES AND NOTES:

1.       MINUTES OF THE MAROONDAH DISABILITY ADVISORY COMMITTEE MEETING HELD 3 SEPTEMBER 2015

2.       MINUTES OF THE MAROONDAH PARTNERS IN COMMUNITY WELLBEING MEETING HELD 31 AUGUST 2015

 


ATTACHMENT No: 1 - Minutes - Maroondah Disability Advisory Committee Meeting 3 September 2015

 

Item  3

 

MAROONDAH DISABILITY

ADVISORY COMMITTEE (MDAC)

 

MINUTES

 

Thursday 3 September 2015 10:00 am – 12:00 pm

(Meeting Room 1, Federation Estate, Ringwood)

 

1. PRESENT: Cr Nora Lamont , Cr Liam Fitzgerald , Fiona Burridge (MCC), Briere Kop,

Josephine Craig, Jack Mulholland, Geoffrey Outhred, Deb Benson & Lisa Pirie (MCC - Minutes).

WELCOME AND APOLOGIES

Welcome:
         Cr Lamont welcomed all to the meeting.

Apologies: Rachel Lieske, Michelle Egan, Liz Ellis, Norma Seip, Yvonne Blinks and Peter Smith.

 

2. Minutes & Conflicts of Interest

 

The Minutes of the previous meeting were confirmed.   Moved: Liam Seconded: Geoffrey. There were no conflicts of interested declared.

 

3. Health & Wellbeing Action Plan 2016-2017

 

Bridget Ruff – Social Planning and Development Officer

 

Bridget introduced herself to the group and explained her position within Council. She also advised that her main responsibility was carriage of the Community Wellbeing Plan. The Community Wellbeing Plan (Municipal Public Health Plan) is a requirement of local government under the Public Health and Wellbeing Act.

 

Maroondah’s Plan 2013-2017 incorporates two 2 year plans rather than a 4 year plan.

 

Bridget’s purpose for attending today’s meeting is to consult the group specifically with a lens on disability.

 

From 112 actions, 58 are complete and 49 are in progress with 5 yet to commence. Of the actions ‘In Progress’ 61% of these actions are reported as being at or above 50% complete.

 

Bridget outlined relevant disability oriented action items:

 

Focus Area 2 :  An Equitable and Engaged Community

Action Item:

2.1.2  Identify barriers of access to the universal Maternal & Child Health service and implement strategies to increase

          participation, especially for vulnerable & disadvantaged families, young parents, CALD & ATSI families.

 

2.3.1 Develop a HACC Consumer Consultation & Participation Strategy.

 

2.3.4 Review & develop the Disability Action Plan.

 

Focus Area 3: Sustainable Built and Natural Environments

Action Item:

3.3.3       Promote the inclusion of Changing Places accessible toilet facilities in key activity centres.

 

Key facts to note

·    Over 30,000 Maroondah residents live with some form of disability (29% of the population)

·    4,689 people or 4.5% of the population in the City of Maroondah in 2011 reported needing help in their day-to-day lives due to disability.

·    Approximately 75% of people who need assistance are aged over 65 years

·    There are 9,635 carers in Maroondah providing unpaid assistance to a person with a disability, long term illness or old age (9% pop).

·    14% of people in Maroondah seek professional help for a mental health problem.

 

Collective Impact

‘Collective Impact is a framework for facilitating and achieving large scale social change. It is a structured and disciplined approach to bringing cross-sector organisations together to focus on a common agenda that results in long-lasting change.’

 

The Collective Impact Framework provides some sophistication to collaboration that is often missing. It provides structures and processes to assist collaboration to succeed and for undertaking collaborative approaches in complex environments. 

 

Liam – Given the CWP (Community Wellbeing Plan) has been evaluated, can we do the same with the Disability Action Plan?  Bridget – Yes it can be very easily transferred to look at process, input and outcome.

 

Consultation Session

 

Tabled on a whiteboard was discussion around key topics as outlined below:

 

Topic area

Collaborators

Enablers

Barriers

Employment

NDRC & HR

Working to fix own backyard (currently being undertaken)

Attitudes

Misconceptions / perceptions

Continue & grow work with HR

 

Leverage of collective momentum of 7 eastern Melbourne LGA’s

 

Look at model of good practice of disability employment options

HEGS – SA

Canadian employee example

 

 

Creating advocacy resources re modes of good practice / business cases

 

BizMatch – Business Development

 

Look at local business to partner with pilot initiative and explore models / opportunities in schools that look to pathways / full cycle

 

Schools / LLEN

Business to business

 

Promotional campaign – link to Maroondah Business Week

 

 

 

Perception – opportunities that promote shared experience grow / playdate/capacity building initiatives

 

 

 

 

Where to from here? Endorsement early December 2015 and implementation Jan 2016 – December 2017.

 

A special meeting to be held with the Disability Advisory Committee on Thursday 15 October to brainstorm ideas for Action Plans.

 

Action: Fiona to organise meeting and send invitation to the group.

4. Realm Update

 

 Rhiannon Mahony, Realm Coordinator

 

Rhiannon Mahony provided an update on Realm to the MDAC group members highlighting features of note.

 

The opening hours of the library were discussed. These are to be 9am – to 8pm Monday to Friday and 10am – 5pm on weekends.

 

Briere Kop asked whether or not there would be Wi-Fi and if this was required to be accessed via a password. Rhiannon said that open access is planned and that there are likely to be terms and conditions that would need to be accepted by users.

 

Jack raised the matter of vision impaired people and their dogs. In particular, that people with assistance dogs will need to toilet their dogs and how this accords with current designs/layouts. Action: Rhiannon to follow up

 

Fiona raised the issue of whether Customer Service officers would be trained in dealing with specific disabilities (eg the vision impaired and their dogs).  Rhiannon acknowledged the issue of staff training, advised that the Realm staff training program was currently being progressed and that the matter would be considered.

 

5. Update on Disability Travel and Access Project – Geoff Outhred

 

This item was held over due to the time constraints.

 

6. Other Business

 

Fiona distributed hard copies of the Maroondah Disability Policy and Action Plan 2014-2018 printed under the 2040 style guide.

 

Jack Mulholland will distribute to the group members a link outlining a Council submission to the Federal Inquiry into Current Levels of Access and Attainment for Students with Disability. A copy of which will be distributed to the group electronically. Action: Jack Mulholland

 

The meeting closed at 12:00 pm.

 


ATTACHMENT No: 2 - Minutes - Maroondah Partners in Community Wellbeing meeting 31 August 2015

 

Item  3

 


 


 


DIRECTOR Corporate Services Marianne Di Giallonardo

 

Financial Report: Two Months Ending 31 August 2015

Item 4

 

Purpose

To present the financial statements for the two months ending 31 August 2015.

Strategic / policy issues

The following directions contained in the Maroondah 2040: Our Future Together and the Council Plan 2013-2017 (Year 3: 2015-2016) provide the strategic framework that underpins the purpose of this report.

Outcome Area: A well governed and empowered community.

 

Vision Statement: In 2040, Maroondah will be an empowered community that is actively engaged in council decision making through processes that consider the needs and aspirations of all ages and population groups. Council will provide strong and responsive leadership, ensuring transparency, while working with the community to advocate for and ‘champion’ local needs.

 

Key Directions 2015 - 2016:

8.1       Provide enhanced governance that is transparent, accessible, inclusive and accountable.

Background

In accordance with Sections 136, 137 and 138 of the Local Government Act 1989, Council is required each quarter to consider the financial performance of the municipality against budget for the year to date (YTD). Whilst a comprehensive suite of reports is provided to the Audit & Risk Advisory Committee and Council each quarter it is considered financially prudent to provide a brief monthly report to Council in order to track performance to budget between the quarterly reports.

 

This requirement is not a substitute for the more frequent range of detailed financial reports that continue to be provided to Council management.

 

The attached financial statements contain an Income Statement (Operating Statement) and a Statement of Capital Works. The Income Statement is presented per accounting standards by nature.

 

The statements have been prepared on the basis of accrual accounting (i.e. including significant accruals) and non-consolidation (i.e. excludes the results of the Eastern Regional Library Corporation and Section 86 Committees of Management).

 

The statements provide comparisons between actual results and the YTD forecast budget.

Issue / discussion

The following is a summary of the financial position for the two months ending 31 August 2015. A more detailed report is attached.
1.1 OPERATING PERFORMANCE

 

Forecast

YTD

YTD

YTD

Adopted

 

Budget

Budget

Actual

 Var

Budget

 

$’000

$’000

$’000

$’000

$’000

Operating

Income

115,123

82,819

83,472

653

117,885

Expenses

(118,477)

(19,129)

(17,403)

1,726

(117,600)

Underlying Surplus (Deficit)

(3,354)

63,690

66,069

2,379

285

Net gain (loss) on disposal of property, infrastructure, plant & equipment

(93)

(16)

(12)

4

(93)

Capital

Grants - Capital (recurrent and non-recurrent)

5,340

151

197

46

3,859

Comprehensive result

1,893

63,825

66,254

2,429

4,051

 

For the two months ended 31 August 2015 Council has recorded an operating surplus before capital revenue of $66.07 million, which is $2.38 million ahead of the year to date budget (This equates to a 2.1% variance on total budgeted turnover). The major contributing variances are:  (See also notes to Income Statement Appendix B.)

·     Contributions for Public Open Space are $547k above budget.

·     Employees costs are below budget by $434k due to Maroondah Leisure Marketing and Sales $70k, Aquanation $66k, Operations $50k, Karralyka $50k, Community Services $47k and Customer Service $40k.

·     Contractor payments for home care (including respite, personal care and property maintenance) are $397k under budget. Waste are under budget $196k mainly in the area of green waste processing $68k, hard waste $61k and domestic garbage collection $25k.

·     Materials and Services are $600k below budget due to insurances for Asset Damage and Public Liabilities of $119k and Information Technology $101k.

 

The variances relate to timing and non timing differences. At this early period in the financial year contributions for open space have substantially exceeded expectations in number and value, if this trend continues the forecast expected at 30 June 2016 will be revised. There is no element of the operating budget that causes concern.

 


The movement between the net surplus Adopted Budget of $4.051m and the Forecast of $1.894m mainly relates to the following (Refer to detailed reconciliation in Appendix A):

·     Carried forward grants net ($678k)

·     New and revised grant funding net  ($2,936k)

·     New and revised capital grant funding $1,477k

1.2     CAPITAL PERFORMANCE

 

Forecast

YTD

YTD

YTD

Adopted

Budget ##

 Budget

Actual #

 Var

Budget

$’000

$’000

$’000

$’000

$’000

Total capital works

43,323

2,710

4,103

(1,393)

37,077

#YTD Actual expenditure includes Carried Forwards              ##Forecast Budget expenditure includes Carried Forwards

 

The Forecast Budget includes carried forward works from 2014/15 of $3.28m, funding for new projects including:

·     State government funding from the Department of Transport, Planning & Local Infrastructure for the signalisation of Bedford Road and Great Ryrie Street of $1 million;

·     Federal government funding from the Attorney-General’s Department for the installation of CCTV cameras in the Ringwood Metropolitan Activity Centre and East Ringwood of $400k;

·     State government funding from the Department of Health and Human Services for the construction of Marveloo 2 $44k

and future years projects brought into current year including the replacement of existing community buildings at Proclamation Park $500k and Street Lighting Improvements $300k.

 

For the two months ended 31 August 2015 Council has expended $4.10 million on the capital works program, which is $1.39 million ahead of the year to date budget. The variance is due mainly to:

·     Buildings ahead by $1,450k;

·     Plant, Machinery and Equipment ahead by $189k;

·     Computers and Telecommunication behind by $109k;

·     and Roads to Recovery behind $109k.

 

 

 

1.3     FINANCIAL POSITION

 

 

2015-2016

2014-15

2014-15

 

Adopted

August YTD

August YTD

 June YTD

 

Budget

Actual

Actual

Actual

 

$’000

$’000

$’000

$’000

Cash and investments

23,160

31,539

17,360

39,920

 

The Financial Position as 31 August 2015 shows a cash and investment balance of $31.54 million which is $14.18 million higher than 31 August 2014.

 

The 31 August 2015 balance of $31.54m is $3 million above the 2015/16 LTFS predicted cash amount of $28.51 million, which is mainly due to $3.28 million in carried forward capital amounts that remained unspent in the prior financial period.

Financial / economic issues

As presented in this report and accompanying financial statements.

Environmental / amenity issues

Not Applicable

Social / community issues

Not Applicable

Community consultation

Not Applicable

Conclusion

The YTD results are favourable for this time in the financial year and provide a firm base for the achievement of Council’s 2015/2016 services and advocacy programs.

 

 

Attachments

1.

19 October 2015 - Council Meeting Report - Financial report appendix 2 months 31 August 2015

CONFIDENTIALITY

Not Applicable

 

RECOMMENDATION

 

THAT COUNCIL RECEIVES AND NOTES THE REPORT ON THE FINANCIAL PERFORMANCE AGAINST BUDGET FOR THE TWO MONTHS ENDING 31 AUGUST 2015


ATTACHMENT No: 1 - 19 October 2015 - Council Meeting Report - Financial report appendix 2 months 31 August 2015

 

Item  4

 


ATTACHMENT No: 1 - 19 October 2015 - Council Meeting Report - Financial report appendix 2 months 31 August 2015

 

Item  4

 


ATTACHMENT No: 1 - 19 October 2015 - Council Meeting Report - Financial report appendix 2 months 31 August 2015

 

Item  4

 


ATTACHMENT No: 1 - 19 October 2015 - Council Meeting Report - Financial report appendix 2 months 31 August 2015

 

Item  4

 


DIRECTOR Corporate Services Marianne Di Giallonardo

 

Municipal Association of Victoria State Council Meeting - Regional Motions

Item 5

 

Purpose

To consider support for 5 regional motions submitted to the Municipal Association of Victoria (MAV) State Council Meeting to be held on Friday 23 October 2015 by other municipalities – in addition to Maroondah - that form the MAV Metropolitan East Region. 

Strategic / policy issues

The following directions contained in Maroondah 2040: Our Future Together and the Council Plan 2013-2017 (Year 3: 2015-2016) provide the strategic framework that underpins the purpose of this report.

Outcome Area:  A well governed and empowered community

 

Our Vision:  Maroondah is an effectively empowered community that is actively engaged in Council decision making through processes that ensure their voice is heard and considered.  Council provides strong and responsive leadership, ensures transparent processes and works with the community to advocate and champion their needs.

 

Key Directions 2015 – 2016:

 

8.1       Provide enhanced governance that is transparent, accessible, inclusive and accountable

Background

The Municipal Association of Victoria’s State Council Meeting will be held on Friday 23 October 2015.  Maroondah has previously submitted 2 motions for consideration at the State Council Meeting.  The 5 motions of the regional Councils are viewed as being of significance across the Victorian Local Government sector and therefore of important for debate and consideration. 

 

MAV Metropolitan East Region comprises of the municipalities of Manningham, Knox, Maroondah, Banyule and Whitehorse.  A total of 7 motions from these municipalities have been circulated within the Metropolitan East Region to engender regional support for them at the State Council meeting.  Note that no motions have been submitted by Knox and also Maroondah’s neighbour Yarra Ranges.

 

The Municipal Association of Victoria together with local members of parliament provides significant advocacy to the State Government on behalf of residents and ratepayers in the region.  


Issue / discussion

The motion and rationale for each of the 5 motions is identified below:

 

Motion 1:- Motion of No Confidence in the Victorian Building Authority

Submitted by Manningham City Council

 

Motion:- That the MAV urge the State Government to:

·        Bring forward a motion of no confidence in the Victorian Building Authority and their ability to regulate for a quality built environment in Victoria;

·        Take prompt and decisive action to ensure that ongoing failings of the Victorian Building Authority are addressed to ensure that Private Building Surveyors are properly monitored and regulated to ensure that consumers are protected from defective building work and unsafe practices; and

·        If the State Government decides it is necessary for Local Government to step in to monitor and regulate the Private Building Permit System within their municipalities, that an appropriate portion of the Building Permit Levy is redirected to Local Government to allow for the necessary resourcing and expense of fulfilling this important and onerous function.

Rationale:-  In 2011, the Victorian Auditors General Office found that the former Building Commission ‘could not demonstrate that the building permit system was working effectively or that building surveyors are effectively discharging their role to uphold and enforce minimum building and safety standards’. An audit of building approval processes revealed that:

·        Ninety-six per cent of permits examined did not comply with minimum statutory building and safety standards.” Instead, the results have revealed a system marked by confusion and inadequate practice, including lack of transparency and accountability for decisions made.

·        In the absence of leadership, guidance and rigorous scrutiny from the commission, councils have adopted a largely reactive approach to enforcing the Building Act 1993 that offers little assurance of compliance within their municipalities.

·        Consequently, there is little assurance that surveyors are carrying out their work competently, that the Building Act 1993 is being complied with, and the risk of injury or damage to any person is being minimised.

Since the adoption of the newly badged Victorian Building Authority (VBA) in 2013 the VBA has continued to fail to demonstrate that the building permit system is working effectively or that building surveyors are effectively discharging their role to uphold and enforce minimum building and safety standards. As such, the VBA has lost the trust and respect of Councils and the community.

 


Although the VBA has had a number of years to address these issues, the most recent 2015 audit into the state’s consumer protection framework for building industry regulation highlighted that many problems within the system had not been addressed. This is reflected on the ground with the alarming recent examples of the crumbling construction pit in Mount Waverley and the Docklands highrise apartment fire.

 

Local Government urges the State to act on the many damning findings of the VAGO reports to restore confidence and address fundamental inadequacy of the current system, for the protection of our community.

 

Motion 2:- Funding for School Focused Youth Services Program

Submitted by Manningham City Council

 

Motion:- That the MAV State Council write to the State Minister for Education advocating for a further three year program funding to enable the Statewide School Focused Youth Service program (SFYS) to continue to be implemented across schools and communities beyond December 2015.

 

Rationale:-  The School Focussed Youth Service (SFYS) is a statewide initiative established to support young people with complex needs or emerging mental health issues to remain engaged in learning.

 

Through the SFYS, schools and community organisations support at risk young people who require prevention or early intervention strategies to assist their learning, development, health and wellbeing.

 

The key strength and uniqueness of SFYS is underpinned by a holistic community approach with the development of strong local partnerships between schools and the broader community.  In this, SFYS is critical in building the capacity and expertise to deliver responsive, preventative services and activities to support young people.

 

Funding for SFYS concludes at the end of 2015. Ongoing funding to continue this vital service is critical to ensure that risk factors are addressed or mitigated and at risk young people continue to be engaged and connected to education.

 

Motion 3:- Metro Planning Levy

Submitted by Manningham City Council

 

Motion:- That the MAV advocate to the State Government to

a)      Review the appropriateness of the Metropolitan Planning Levy given the introduction of the Fair Go Rate cap, and grant an exemption for community facilities planned by Councils; and

b)      Calls for a substantial increase to planning permit fees so that Councils can recover their costs.

 

Rationale:- It is time for the State Government to give Councils a ‘fair go’ by reviewing the Metropolitan Planning Levy (MPL) and grant an exemption for community facilities built by Councils.

 

The MPL commenced on 1 July 2015. New provisions in the Planning and Environment Act 1987 require a levy payment prior to making a planning permit application for developments valued at over $1 million within metropolitan council areas.

 

The MPL must be paid before lodging a planning permit with Council by obtaining an MLP Certificate which is only valid for 90 days, adding further administrative delay and cost to development projects.  If the MPL Certificate expires before lodgement, a new certificate and fee applies.

 

Although the MPL aims to “improve the planning system and facilitate implementation of key planning initiatives to ensure quality growth and development of the Melbourne metropolitan area”, it can be demonstrated that it has become a potential barrier to growth and development:

·        The MPL rate is set at $1.30 per $1000 (or 0.13% of the whole value of the development) for affected projects. For an $18 million community facility the Levy payable by a Council is $22,000. It is not appropriate for rate payer or grant monies to be paid to the State Government rather they should be invested in better local facilities.

·        Councils pride themselves on delivering quality services and facilities for local communities in an efficient and effective manner.  Achieving this goal is highly challenging in an environment where the core business of Council is being significantly stretched through ongoing cost shifting from State and Federal governments.

·        As Victoria’s population is projected to increase continuously to 7.6 million in 2031 and 9.8 million in 2061, it is imperative that the State Government work in partnership with Local Government, rather than taxing the growth of community facilities.

In contrast successive State Governments have continually failed to increase planning permit fees so that Councils can simply recover their costs, leaving ratepayers to effectively subsidize development assessments.

 

State Council requests that the State Government reviews the MPL and its appropriateness in light of the above, and calls for a substantial increase to planning permit fees.

 


Motion 4:- Council Authorised Enforcement Officers

Submitted by Whitehorse City Council

 

Motion:- That the MAV state Council advocate to the State government that for the purpose of protecting the health and welfare of Council authorised enforcement officers, the need to amend and insert in the  Local Government Act 1989 (currently being reviewed) the following: 

1.       A specific offence provision(s) within the Act that applies to causing serious injury or the death of a council appointed authorised officer.  Specifically, the offence(s):

 

a)      To reflect the current offences to which section 10AA of the Sentencing Act applies, such as:

 

i.        Intentionally causing serious injury or the death of an authorised officer performing their duties, in circumstances of gross violence;

ii.       Recklessly causing serious injury or the death of an authorised officer performing their duties, in circumstances of gross violence;

iii.      Intentionally causing serious injury or the death of an authorised officer performing their duties; and

iv.      Recklessly causing serious injury or the death of an authorised officer performing their duties.

 

b)      The penalty for the offence(s) to be a significant fine or imprisonment, or both.

 

c)      The offence provision to include a subsection that makes it clear that it has effect in addition to, and not in derogation from, any Act or law relating to civil or criminal liability.  This will ensure that the offence provision will not limit other criminal and civil proceedings that may be brought; and

 

2.       Including a definition of ‘serious injury’ that refers to the definition currently contained within section 15 the Crimes Act. 

 

3.       That upon conviction, Local Governments have a capacity to recover all costs associated with the incident including additional work cover premiums from the defendant.

 

Rationale:-  The motion concerns the lack of legislative protection against violence currently afforded to authorised officers within Victoria.  There is a need to enhance the level of protection as there are an increased number of instances where council appointed authorised officers have been assaulted in carrying out their duties.

 

Section 10AA of the Sentencing Act 1991 (Vic) (Sentencing Act) specifies terms of imprisonment to be imposed in relation to crimes committed against emergency workers who are on duty.  It also sets minimum non-parole periods.  It does not, however, extend to authorised officers of Council.  Nor is there any other similar legislative protection that applies to authorised officers in Victoria.

 

In November 2014 a Whitehorse City Council Authorised Officer was seriously injured as a result of an attack by a motorist.  The officer’s injuries required hospitalisation and long term rehabilitation. 

While the police laid three charges against the defendant, the Magistrate in her deliberation, dismissed two charges and found the charge of causing serious injury proved.  No conviction was recorded; the defendant was placed on a 12 month good behavior bond, ordered to pay $500 to the court fund and was encouraged to continue counselling. Given the criminal nature of the incident, and Council not being a party to the prosecution (i.e. being the employer) Council was unable to appeal. This incident has significantly impacted on Council’s Worker’s compensation premium, financially penalizing the Council and community.

 

The sentence falls significantly short of those provisions provided to Emergency workers as defined.  The key reasons there should be legislative reform to increase the protection of authorised officers against violence are as follows:

·        There are ongoing instances where council authorised officers have been assaulted in carrying out their duties (i.e. - assault of two regional council officers and the aforementioned matter);

·        Authorised officers are not currently covered by section 10AA of the Sentencing Act or collectively protected against violence under Victorian legislation; and

·        There should be equal protection for authorised officers and emergency workers because they are very similar, particularly in terms of their vulnerability in performing their duties.

 

Currently, section 10AA of the Sentencing Act expressly mandates terms of imprisonment be imposed in relation to crimes committed against emergency workers who are on duty, and sets minimum non-parole periods.

 

As advised previously, the provision does not apply to authorised officers.  Nor is there another provision in the Sentencing Act that prescribes minimum sentences for offences against authorised officers.  As such, it is only the standard assault provisions in the Crimes Act 1958 (Crimes Act) that apply to assaults against authorised officers in the same way they apply to assaults against other individuals. 

 

Section 10AA also prescribes a minimum term of imprisonment for the offence of causing injury intentionally or recklessly against an emergency worker. 

 

The definition of emergency worker under section 10AA of the Sentencing Act includes the following persons:

·        A police officer or protective services officer;

·        An operational staff member within the meaning of the Ambulance Services Act 1986;

·        A person employed or engaged to provide or support emergency treatment to patients in a hospital;

·        An officer, employee or volunteer of the Metropolitan Fire Board, or the Country Fire Authority;

·        A person employed in the Department of Environment, Land, Water and Planning with emergency response duties;

·        A member or employee of the State Emergency Service;

·        A voluntary emergency worker;

·        Any person required or permitted under the terms of their employment or contract for services with the Crown or a government agency to respond to an emergency or provide services or perform work in relation to an emergency; and

·        Any person engaged by the Crown or a government agency to provide services or perform work in relation to a particular emergency.

 

Authorised Officers are excluded from this definition.

 

Motion 5:- Metro Planning Levy

Submitted by Banyule City Council

 

Motion:- That the MAV advocate for a proportion (at a minimum of 50%) of the Metropolitan Planning Levy to be provided directly to Municipal Councils to enable them to undertake planning for their local areas

 

Rationale:-  In the 2014 State Budget a Metropolitan Planning Levy (MPL) was introduced and commenced 1 July 2015.

 

The levy applies to planning permit applications for projects valued at more than $1 million in 2015/16 in the Melbourne metropolitan area and is expected to raise more than $17million each year. Permit applicants will need to verify whether the levy applies to their development. If required the levy is to be paid directly to the State Revenue Office who will issue them with a MPL certificate, this certificate is to be lodged with the planning permit application. Where the levy is applicable Council cannot accept an application without a levy certificate.

 

The State Government indicates that the levy will support funding for the Metropolitan Planning Authority and the implementation of Plan Melbourne and is in addition to the planning permit application fees collected by Council. Planning permit application fees have not been increased since 2009 and continued advocacy to the State Government with the support of the Municipal Association of Victoria (MAV) and other Councils is needed to push for an increase.


Banyule Council at its meeting on 22 June 2015 resolved to:

·        Advocate for a proportion (at a minimum of 50%) of the Metropolitan Planning Levy to be provided directly to Municipal Councils to enable them to undertake planning for their local areas.

·        Write to the Minister for Planning, Opposition spokesperson for Planning and Local State Members of Parliament requesting immediate action to increase planning permit fees and an apportionment of the Metropolitan Planning Levy for local Councils and that the proposed levy does not impact on the request for increased Planning fees.

·        Write to the Municipal Association of Victoria and neighbouring Councils advising of this decision and seeking their ongoing action in advocating for increased planning permit fees and an apportionment of the Metropolitan Planning Levy for local Councils.

·        Submit a Motion to the MAV State Council Meeting in October 2015 requesting at least 50% of the proposed Metropolitan Planning Levy fees be returned to each Council.

Financial / economic issues

Refer to rationale as highlighted under Issue / Discussion.

Environmental / amenity issues

Refer to rationale as highlighted under Issue / Discussion.

Social / community issues

Refer to rationale as highlighted under Issue / Discussion.

Community consultation

Council, through various forums, consultations and strategies, has engaged the Maroondah community regarding these various issues. This report further demonstrates Council’s preparedness to support motions to the State Government that will be to the benefit of Maroondah and regional residents.

Conclusion

The proposed motions have a statewide significance throughout the Local Government sector and therefore Council should support them at the State Council MeetingClosing date for the receipt of motions was Friday 25 September 2015 and it is therefore proposed that Council endorse the actions of Officers in indicating Maroondah’s support for the 5 regional motions. 

 

 

Attachments

Not Applicable

CONFIDENTIALITY

Not Applicable

RECOMMENDATION

 

THAT COUNCIL ENDORSES THE ACTIONS OF OFFICERS IN INDICATING THE SUPPORT OF MAROONDAH FOR THE 5 MOTIONS FROM OTHER MEMBER COUNCILS OF THE MAV METROPOLITAN EAST REGION, NAMELY:

·        MANNINGHAM –

i)          MOTION OF NO CONFIDENCE IN THE VICTORIAN BUILDING AUTHORITY

ii)      SCHOOL FOCUSED YOUTH SERVICES PROGRAM

iii)     METRO PLANNING LEVY

·        WHITEHORSE – COUNCIL AUTHORISED ENFORCEMENT OFFICERS

·        BANYULE – METRO PLANNING LEVY

 

 


DIRECTOR Corporate Services Marianne Di Giallonardo

 

Audit & Risk Advisory Committee Report

Item 6

 

Purpose

To report to Council on the outcomes of the Audit & Risk Advisory Committee Meeting held on 28 September 2015.

Strategic / policy issues

The following directions contained in the Maroondah 2040: Our Future Together and the Council Plan 2013-2017 (Year 3: 2015-2016) provide the strategic framework that underpins the purpose of this report.

Outcome Area: A well governed and empowered community.

 

Vision Statement: In 2040, Maroondah will be an empowered community that is actively engaged in council decision making through processes that consider the needs and aspirations of all ages and population groups. Council will provide strong and responsive leadership, ensuring transparency, while working with the community to advocate for and ‘champion’ local needs.

 

Key Directions 2013-2017:

 

8.1     Provide enhanced governance that is transparent, accessible, inclusive and accountable.

Background

Council’s Audit & Risk Advisory Committee consists of both Council and external representatives. The Mayor Tony Dib and Councillor Les Willmott are Council representatives on the Committee. Councillor Mary-Anne Lowe was also in attendance.

 

The external members are Dr John Purcell (chair), Mr Hugh Parkes and Mr Bruce Potgieter.

 

The Audit & Risk Advisory Committee Charter requires that this Committee report to Council on the findings and recommendations from its meetings. This report provides a summary of matters under consideration by the Audit & Risk Advisory Committee of the meeting held on Monday 28 September 2015.

Issue / discussion

The Audit & Risk Advisory Committee refers the following items to Council for information.

 

A number of Items were confidentially considered by the Audit & Risk Advisory Committee including: Internal Audit reports relative to Building Maintenance, Grants Management and Performance Management. There was also an update on the Internal Audits 2013-2016 Status Report and the VAGO Closing Report and Final Management Letter were tabled.

Financial / economic issues

Council’s budget provides for the operation of the Audit & Risk Advisory Committee and for the completion of an Internal Audit Program.

 

Environmental / amenity issues

Not Applicable

Social / community issues

Not Applicable

Community consultation

Not Applicable

Conclusion

This report provides a summary of the outcomes of the Audit & Risk Advisory Committee meeting held on Monday 28 September 2015.

 

 

Attachments

Not Applicable

CONFIDENTIALITY

Not Applicable

 

RECOMMENDATION

 

That COUNCIL RECEIVES AND NOTES THE REPORT FROM THE AUDIT & RISK ADVISORY COMMITTEE MEETING HELD ON MONDAY 28 SEPTEMBER 2015

  


DIRECTOR Operations, Infrastructure & Leisure Trevor Welsh

 

Community Sports Infrastructure Fund

Item 1

 

Purpose

To seek Council approval for the submission of four applications to the Sport and Recreation Victoria 2016/2017 Community Sports Infrastructure Fund. 

Strategic / policy issues

The following directions contained in the Maroondah 2040: Our Future Together and the Council Plan 2013-2017 (Year 3: 2015-2016) provide the strategic framework that underpins the purpose of this report;

 

Outcome Area: Safe, healthy and active community

 

Vision Statement: In 2040 Maroondah will be a safe, healthy and active community with local opportunities provided for people of all ages and abilities to have high levels of social, emotional and physical wellbeing.

 

Key Directions 2013-2017

 

1.21 Support and empower local community groups, sporting clubs and special interest groups across Maroondah.

Background

The Community Sports Infrastructure Fund provides grants for planning, building new, and improving existing facilities where communities conduct, organise and participate in sport and recreation.

 

There are four categories available for Councils to apply for funding:

 

Minor Facilities – Grants up to $100,000 for any one project (up to $1,000,000 total project cost) are available to develop or upgrade community sport and recreation facilities.

 

Cricket Facilities – Grants of up to $100,000 are available to upgrade and develop cricket specific club infrastructure including new buildings, ground and training facilities.

 

Female Friendly Facilities – Grants of up to $100,000 are available to build new and upgrade existing, out-dated change facilities at sports clubs that cater for traditional and non-traditional female sport.

 

Councils can apply for the maximum grant amount for up to three projects from the Minor Facilities, Cricket Facilities and Female Friendly Facilities categories, with a maximum of two applications from any single category

 

Planning – Funding is available for planning initiatives that address the future sport and recreation needs of communities through better information gathering, consultation and strategic planning.

 

 

 

Local government authorities can apply directly to the Department of Health & Human Services for funding from this program. Community organisations have access to funding from the Minor Facilities, Cricket Facilities and Female Friendly Facilities categories through submission to Council.  Council will then make an application on the club’s behalf.

Issue / discussion

Eight potential projects were identified through a combination of club requests, capital renewal priorities and strategic priorities.  They are as follows:

 

·        Town Park Athletic Lighting Project (Arrabri Ward) – Total Cost $185,000

·        Heathmont Baseball Club Lighting Project (Arrabri Ward) – Total Cost $130,000

·        Mullum Mullum Reserve Cricket Net Redevelopment (Mullum Ward) - Total Cost $150,000

·        Ringwood Lake Park Playspace Master Plan (Mullum Ward) – Total Cost $40,000

·        Bill Wilkins Lodge Redevelopment (Mullum Ward) – Total Cost $320,000

·        Griff Hunt Reserve Lighting Project (Wyreena Ward) – Total Cost $75,000

·        Brushy Creek Trail Extension (Wyreena Ward) – Total Cost $210,000

·        Springfield Hall Redevelopment (Wyreena Ward) – Total Cost $Unknown

All eight projects were assessed individually to identify the project readiness, funding availability, strategic direction, risk management, community participation and need. These findings were then compared with the criteria for the Community Sports Infrastructure Fund Grants program as outlined by Sport and Recreation Victoria.

 

Four projects were recommended for funding under the following categories:

·        Minor Facilities - Town Park Athletic Lighting Project (Arrabri Ward) – Total Cost $185,000

·        Cricket Facilities - Mullum Mullum Reserve Cricket Net Redevelopment (Mullum Ward) - Total Cost $150,000

·        Female Friendly Facilities - Bill Wilkins Lodge Redevelopment (Mullum Ward) – Total Cost $320,000

·        Planning - Ringwood Lake Park Playspace Master Plan (Mullum Ward) – Total Cost $40,000


Financial / economic issues

The funding model for each of the four categories is Sport and Recreation Victoria $1:$1 Council and Community.

 

All four projects recommended for submission to the Community Sports Infrastructure Fund have existing capital funds allocated to the projects. Funding sought and Council contribution are detailed below:

 

Project Name

Amount sought from Fund

Council Contribution

Total Project Cost

Town Park Athletic Track Lighting Project

$92,500

$92,500

$185,000

Bill Wilkins Lodge Redevelopment

$100,000

$220,000

$320,000

Mullum Oval Cricket Net Project

$75,000

$75,000

$150,000

Ringwood Lake Park Playspace Master Plan

$20,000

$20,000

$40,000

Environmental / amenity issues

Not Applicable

Social / community issues

Capital improvement of Council owned community facilities foster positive links between Council and community organisations through the development and effective management of Council assets.

Community consultation

Sport and Recreation Victoria released information on the Community Sports Infrastructure Fund directly to sporting clubs and peak sporting bodies and advised groups of the responsibility to contact their local Council to discuss potential projects.

Conclusion

It is recommended that Council Officers submit a formal application to Sport and Recreation Victoria for the four priority projects identified in this report.

 

Council Officers will notify all stakeholders associated with the eight potential projects of the recommended submissions to Sport and Recreation Victoria.

 

 

Attachments

1.

Capital Funding for Community Groups - Funding Recommendations

CONFIDENTIALITY

Not Applicable

 

 

RECOMMENDATION

 

That Council:

1.       prepareS and SUbmitS a formal application to the sport and recreation victoria COmmunity Sports INfrastructure Fund for the following projects:

i.        Minor Facilities - Town Park Athletic Track Lighting Project

ii.       Female Friendly Facilities - Bill Wilkins Lodge Redevelopment

iii.      Cricket Facilities - Mullum Oval Cricket Net Project

iv.      Planning - Ringwood Lake Park Playspace Master Plan

2.       advises all organisations accordingly

 


ATTACHMENT No: 1 - Capital Funding for Community Groups - Funding Recommendations

 

Item  1

 


DIRECTOR Operations, Infrastructure & Leisure Trevor Welsh

 

Maroondah Carols 2015

Item 2

 

Purpose

In order to facilitate the operations of the 2015 Maroondah Carols on Saturday 5 December, this report seeks formal Council endorsement to:

·        Advertise the Town Park precinct as a smoke free area on the above date; and

·        Ban dogs within the Town Park precinct.

Strategic / policy issues

The following directions contained in Maroondah 2040: Our Future Together and the Council Plan 2013-2017 (Year 3: 2015-2016) provide the strategic framework that underpins the purpose of this report.

Outcome Area:  A vibrant and culturally rich community

Our Vision:  In 2040, Maroondah will be a creative cosmopolitan community recognised for its celebration and promotion of arts and culture.  There will be a broad range of engaging entertainment options, diverse cultural activities and the creation and display of traditional and contemporary forms of art.

Key Directions 2015 – 2016:

3.2     Provide a diverse range of engaging entertainment spaces, events and activities background

Background

Smoke Free

 

Since 2013 Maroondah Festival has been a smoke free event after the community consultation in which 96% of participants in a survey responded positively to the ban. In 2014 Council extended this ban to the Maroondah Carols which was also received positively by the community.

 

Dog Free

 

The grand finale of the Maroondah Carols is a fireworks display. Unfortunately, many animals are terrified by firework displays which have the potential to distress, upset and can indirectly pose risks to dog safety through damage of the ear canal, and by causing them to take flight to escape the loud noises sometimes injuring themselves and others in the process.

 

Fireworks may also trigger an aggressive fear response in dogs putting the community around them at risk.

 

During Fireworks, dogs should be kept indoors and in a comfortable hiding place to allow the dogs to feel safe.

 

Therefore it is proposed that Council ban dogs from the 2015 Maroondah Carols. 

Issue / discussion

Smoke Free

 

It is proposed to promote the Maroondah Carols site as a smoke free event from 4pm to 10pm inclusive on Saturday 5 December 2015.

 

Dog Free

 

It is proposed to ban dogs, with the exception of guide dogs at the Maroondah Carols site from 4pm to 10.00pm inclusive on Saturday 5 December 2015.

 

To declare a defined area as 'dog free' Council may by resolution make an order under Part 26 - 2a of the Domestic Animals Act 1994 with the right to:

 

‘Prohibit the presence of dogs and cats in any public area of the municipal district of the Council.’

 

The Carols site includes the following areas:

·        Town Park including Athletics track

·        Fred Geale oval

The following process will be undertaken in order to ensure a safe Maroondah Carols and that the general public are aware that dogs are not to be brought to the event.

·        All promotion and marketing in the lead up to the 2015 Maroondah Carols will contain information indicating that it is a dog free event.

·        In the event that visitors bring their dogs to the 2015 event they will be handed a letter outlining the reasons behind the ban and asked to remove their dog from the site.

·        If a dog is displaying a dangerous temperament and/or the owner refuses to follow the instruction, the owner will again be asked to remove the dog off the Carols site immediately and may be fined.

 

Two Officers nominated from Local Laws will be employed to patrol the Maroondah Carols between 4.00pm to 10.00pm on Saturday 5 December 2015 ensuring dogs are removed immediately by the owners.

Financial / economic issues

Financial implications of these two measures are minimal and will be met within budget.

 

 

 

Environmental / amenity issues

Maroondah Carols is promoted as a family celebration with expectations that over 5,000 people will attend the event.  Maintaining a safe environment for visitors is of paramount importance and actions such as the promotion of a smoke free and dog free event is a significant contributor to this end.

Social / community issues

Not Applicable

Community consultation

‘No Smoking’ and ‘No Dogs’ information will be included in Maroondah Carols advertising material.

Conclusion

The dog and smoke free areas are crucial to ensuring the safe conduct of the 2015 Maroondah Carols.

 

 

Attachments

Not Applicable

CONFIDENTIALITY

Not Applicable

 

RECOMMENDATION

That COuncil

1.       APPROVES promotion of THE MAROONDAH CAROLS ON SATURDAY 5 DECEMBER 2015 BETWEEN 4.00PM AND 10.00 PM as a smoke free event

2.       APPROVES THE PROHIBITION OF DOGS DURING THE MAROONDAH CAROLS ON SATURDAY 5 DECEMBER 2015 BETWEEN 4.00PM AND 10PM EXCEPT IN THE FOLLOWING AREAS:

i.        NORTON ROAD (FROM MT DANDENONG ROAD TO LEIGH ROAD)

ii.       CIVIC SQUARE

3.       PROMOTES INFORMATION REGARDING SMOKE FREE EVENT AND DOG BAN ON ALL MAROONDAH CAROLS MARKETING MATERIAL PRIOR TO THE EVENT

 


DIRECTOR Operations, Infrastructure & Leisure Trevor Welsh

 

Capital Works Report
Quarter Ending 30 September 2015

Item 3

 

Purpose

To present the financial and operational status of major Capital Works projects for the first quarter financial year 2015/2016 ending 30 September 2015.

Strategic / policy issues

The following directions contained in Maroondah 2040: Our Future Together and the Council Plan 2013-2017 (Year 3: 2015-2016) provide the strategic framework that underpins the purpose of this report.

Outcome Area: A well governed and empowered community.

 

Vision Statement: In 2040, Maroondah will be an empowered community that is actively engaged in council decision making through processes that consider the needs and aspirations of all ages and population groups. Council will provide strong and responsive leadership, ensuring transparency, while working with the community to advocate for and ‘champion’ local needs.

 

Key Directions 2015 - 2016:

8.1       Provide enhanced governance that is transparent, accessible, inclusive and accountable.

Background

Council, as part of its Adopted Budget 2015/2016, allocated $36.7m to Capital Works projects.  Council has obtained external State and Federal grants totalling an additional $6.5m.  Council’s allocated Capital Budget total $43.2m for the 2015/2016 financial year.

 

Capital Works programs status reports are prepared by management and reviewed on a monthly basis at the Capital Works Implementation Group (CWIG) and presented quarterly to the Audit and Risk Advisory Committee (ARAC).

 

Provided in this report is an overview of the year-to-date Capital Expenditure on Council’s major projects, together with explanations on budget overruns or timing differences in the stages of project completion.

 

The report also discusses those Capital Projects which due to various reasons required funds $ to be carried forward from the previous financial year (2014/2015).

 

This quarterly report should be read in conjunction with ‘Financial Report: Two Months Ending 31 August 2015’.


Issue / discussion

The following is a summary of the major projects construction status and financial position of the first quarter of the 2015/2016 financial year, as at 30 September 2015.

 

CAPITAL PERFORMANCE AS AT 30 SEPTEMBER 2015

 

 

(1)     Buildings YTD Actual $166K ahead of projection due to favourable weather conditions allowing improved construction timeframes.

 

(2)     Roads (reconstruction/reseal) actual $124K below projected due to non-receipt of invoices for works completed in August/September 2015.

 


Financial / economic issues

CARRIED FORWARDS

These projects have funds allocated in 2014/2015 Budget year and have been carried forward into the 2015/2016 Budget year to allow completion of projects.  Reasons for carried forwards vary – see comments below.

 

 

 


CARRIED FORWARDS (continued)


CARRIED FORWARDS (continued)

 

 

 


PROJECT STATUS

 

 


PROJECT STATUS (continued)


PROJECT STATUS (continued)

 


PROJECT STATUS (continued)

 


PROJECT STATUS (continued)

 


PROJECT STATUS (continued)

 


CAPITAL WORKS YTD – EXPENDITURE (CUMULATIVE)

Council is currently on schedule with all capital projects and well placed to deliver capital projects included in 2015/2016 Capital Budget.

 

Environmental / amenity issues

Not Applicable

Social / community issues

Not Applicable

Community consultation

Not Applicable

Conclusion

Council 2015/2016 Capital Budget including State and Federal grants totals $42.3m.  Council also carried forward $6m from 2014/2015 financial year for the completion of projects.

 

The first quarter of 2015/2016 indicates Council’s Capital Projects are tracking on schedule or ahead of schedule due to reasons stipulated for individual projects.

 

 

Attachments

Not Applicable

CONFIDENTIALITY

Not Applicable

 

RECOMMENDATION

 

THAT COUNCIL RECEIVES AND NOTES THE REPORT ON THE PROGRESS AND STATUS OF CAPITAL WORKS PROJECTS FOR THE FIRST QUARTER OF THE 2015/2016 FINANCIAL YEAR