Agenda of Ordinary Council Meeting

Acting DIRECTOR Corporate Services – dale muir

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 4: 2016-2017) 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 held on 27 March 2017 and 3 April 2017 is 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.⇩	2017 March 27 - Assembly of Councillors Public Record
2.⇩	2017 April 03 - Assembly of Councillors Public Record

CONFIDENTIALITY

Not Applicable

RECOMMENDATION

THAT COUNCIL RECEIVES AND NOTES THE PUBLIC RECORD OF THE ASSEMBLY OF COUNCILLORS BRIEFINGS HELD ON 27 March 2017 and 3 April 2017

ATTACHMENT No: 1 - 2017 March 27 - Assembly of Councillors Public Record

Item 2

2014 Maroondah Logo RGB.jpg

ASSEMBLY OF COUNCILLORS – PUBLIC RECORD

Assembly Details:

Date: Monday 27 March 2017	Time: 6:00pm		Location: Council Chamber & Meeting Room 4, Braeside Avenue, Ringwood

Attendees:

Councillors
Cr Tony Dib, JP	Cr Michael Macdonald		Cr Kylie Spears
Cr Marijke Graham	Cr Paul Macdonald		Cr Mike Symon
Cr Nora Lamont (Deputy Mayor)

Council Officers:
Steve Kozlowski	Chief Executive Officer
Dale Muir	Acting Director Corporate Services
Phil Turner	Director Planning & Community
Trevor Welsh	Director Operations, Infrastructure & Leisure
Steve O’Brien	Acting Manager Engineering & Building Services Item 2
Sherryn Dunshea	Manager Communications & Marketing Item 3
Stephen Onans	Team Leader Governance
Others:
VicRoads attendees: Tracey Gosby Project Co-ordinator Shaun Douglas Senior Project Development Engineer Representative from Michael Sukkar’s Office (Federal Member for Deakin) – Josh Bonney		Colin Morgan Team Leader Project Development Jake Opray Projects Engineer
Apologies:
Councillors:	Cr Samantha Marks (Leave of Absence), Cr Rob Steane
Council Officers:	Marianne Di Giallonardo

Conflict of Interest Disclosure:
Councillors:	Nil
Council Officers:	Nil

Items Discussed: ## Confidential

1	Council Meeting Agenda
2	VicRoads Presentation - Maroondah Highway, Dorset Road, Bellara Drive Intersection
3	Mayoral Charity Event
4	Recognition of Retirement of Trevor Welsh, Director of Operations, Infrastructure & Leisure
5	Items of a General Nature raised by Councillors

Record completed by:

Council Officer	Stephen Onans
Title	Team Leader Governance

ATTACHMENT No: 2 - 2017 April 03 - Assembly of Councillors Public Record

Item 2

2014 Maroondah Logo RGB.jpg

ASSEMBLY OF COUNCILLORS – PUBLIC RECORD

Assembly Details:

Date: Monday 3 April 2017	Time: 6:00pm	Location: Meeting Room 4, Braeside Avenue, Ringwood

Attendees:

Councillors
Cr Nora Lamont (Deputy Mayor)	Cr Paul Macdonald	Cr Kylie Spears
Cr Marijke Graham	Cr Michael Macdonald	Cr Rob Steane
	(entered at 6:06pm)	Cr Mike Symon
Council Officers:
Steve Kozlowski	Chief Executive Officer
Dale Muir	Acting Director Corporate Services Items 2 & 3
Phil Turner	Director Planning & Community
Adam Todorov	Acting Director Operations, Infrastructure & Leisure
Tony Rocca	Manager Finance & Governance Item 1
John Thomas	Risk Management Advisor Item 1
Chris Zidak	Manager Business & Development Item 4
Grant Meyer	Manager Integrated Planning Items 5, 6 & 7
Stephen Onans	Team Leader Governance Item 9
Apologies:
Councillors:	Cr Tony Dib, JP (Mayor), Cr Samantha Marks (Leave of Absence)
Council Officers:	Marianne Di Giallonardo

Conflict of Interest Disclosure:
Councillors:	Nil
Council Officers:	Nil

Items Discussed: ## Confidential

1	Councillor Emergency Evacuation Procedure
2	MAV State Council Draft Motions
3	ALGA Draft Motions
4	Nativity Scenes
5	Climate Adaptation - Maroondah's Story
6	Regional Catchment Strategy
7	Planning Changes and Implications
8	Sale of ROW - 7A Joffre Street
9	Draft Policy Deputy Mayor
10	Community Assistance Fund
11	Items of a General Nature raised by Councillors

Record completed by:

Council Officer	Stephen Onans
Title	Team Leader Governance

Acting DIRECTOR Corporate Services – dale muir

Councillor Representation Reports	Item 3

Purpose

To receive and note the following meeting minutes.

· Maroondah Partners in Community Wellbeing Committee (MPIC) held on 7 March 2017

· Maroondah Disability Advisory Committee (MDAC) held on 9 March 2017

The following directions contained in Maroondah 2040: Our Future Together and the Council Plan 2013-2017 (Year 4: 2016-2017) provide the strategic framework that underpins the purpose of this report.

Outcome Area: A well governed and empowered community

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.

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

Crs Marks and Graham 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.⇩	Maroondah Partners In Community Wellbeing Committee (MPIC) Minutes 7 March 2017
2.⇩	Maroondah Disability Advisory Committee (MDAC) Minutes 9 March 2017

CONFIDENTIALITY

Not Applicable

RECOMMENDATION

That COUNCIL RECEIVES AND NOTES MINUTES OF THE

1. Maroondah partners in community wellbeing committee held on 7 march 2017

2. maroondah disability advisory committee meeting held on 9 March 2017

Acting DIRECTOR Corporate Services – dale muir

Policy - Position of Deputy Mayor	Item 4

Purpose

The purpose of this policy is to provide a consistent set of guidelines for Council in relation to the duties of the Deputy Mayor.

Strategic / policy issues

The following directions contained in Maroondah 2040: Our Future Together and the Council Plan 2013-2017 (Year 4: 2016-2017) 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

The position of Deputy Mayor is not referenced in the Local Government Act 1989 (the Act) and therefore the role is not legislatively defined. Therefore, it is at the discretion of the Council of the day whether to have a Deputy Mayor, which can be simply achieved by resolution of Council.

Historically (prior to 9 November 2016) Council has not elected a Deputy Mayor, and in the absence of the Mayor at a Council Meeting, the immediate past Mayor was elected to Chair the meeting.

Issue / discussion

The intent of this Policy is to provide an understanding regarding the scope of the position of the Deputy Mayor, which will enable the Council to work together efficiently and with clarity

The Policy seeks to ensure that the prominence of the Mayoralty, which is legislatively recognised, is maintained throughout the Mayor’s term of office, and to provide a comprehensive list of duties and functions the Deputy Mayor can undertake throughout his/her term.

Financial / economic issues

Not Applicable

Environmental / amenity issues

Not Applicable

Social / community issues

Not Applicable

Community consultation

Not Applicable

Conclusion

To support good governance processes at Maroondah, it is appropriate for Council to adopt a policy which provides a consistent set of guidelines in relation to the duties of the Deputy Mayor.

Attachments

1.⇩	2017 Draft Policy - Position of Deputy Mayor

CONFIDENTIALITY

Not Applicable

RECOMMENDATION

That council adopts the policy pertaining to the position of deputy mayor

ATTACHMENT No: 1 - 2017 Draft Policy - Position of Deputy Mayor

Item 4

Maroondah Colour Logo 3D 2013 02 Large.jpg

Policy

Position of Deputy Mayor

Authority:	Maroondah City Council
Date Approved:
Last Reviewed:
Directorate:	Corporate Services
Responsible Officers:	Director Corporate Services Manager Finance & Governance Team Leader Governance

1. Purpose

The purpose of this policy is to provide a consistent set of guidelines for Council in relation to the duties of the Deputy Mayor.

2. Objective

To support good governance at Maroondah, Council chooses to appoint a Deputy Mayor position.

This policy is to be read in conjunction with Sections 73 & 73AA of the Local Government Act 1989 – (refer Attachment 11.1 page 4).

3. Scope

This Policy applies to the role of the Deputy Mayor.

In any given year Council may elect one Councillor as Deputy Mayor to perform the roles and functions included in this policy.

The term of office for such a position shall align with the term of office as held by the Mayor.

4. Definitions

Council

Maroondah City Council, being a body corporate, constituted as a municipal Council under the Local Government Act 1989

Councillor

Individual holding the office of member of a Council – as defined in the Local Government Act 1989

Deputy Mayor

A Councillor elected to act as Deputy Mayor throughout the same term of office as held by the Mayor

5. Policy Statement

5.1 Position of Deputy Mayor

The process pertaining to the election of Mayor, prescribed in Clause 8 (3) (4) & (5) of Local Law No. 12 (Meetings Procedure and Use of Common Seal), shall apply to the election of a Deputy Mayor.

5.2 Duties and Functions

The position of Deputy Mayor supports the Mayoral role for the same term of office as held by the Mayor.

The duties of the Deputy Mayor shall be:

· At all times and in all things, to act on behalf of the Mayor during the Mayor’s absence from the Municipality or the Mayor’s inability to discharge the Mayoral duties due to sickness or other causes; and

· To deputise for the Mayor as and when arranged from time to time between the Mayor and the Deputy Mayor.

Where the Mayor is unable to fulfil his/her duties as Mayor, the Deputy Mayor shall act as provided in Sections 73 & 73AA of the Local Government Act 1989, i.e:

· Chair meetings of Council (at which he or she is present) in the Mayor’s absence; noting that a vote must be taken to elect a temporary Chairperson, in accordance with Local Law No. 12 (Meetings Procedure and Use of Common Seal),

· Act as Council’s official spokesperson in the Mayor’s absence,

· Carry out the civic and ceremonial duties of the office of Mayor, including presiding over Australian Citizenship Ceremonies, in accordance with Section 27 of the Australian Citizenship Act (2007),

· support good working relations between Councillors, and

· Provide guidance to Councillors about what is expected of a Councillor, including in relation to the role of a Councillor under section 65, and the observation of the Councillor conduct principles and the Councillor Code of Conduct by Councillors under sections 76B, 76BA and 76C.

6. POLICY APPROVED

This Policy was adopted by resolution of Council on…………. 2017.

7. POLICY REVIEW

This Policy will be reviewed annually or as and when deemed necessary by Council.

8. RELATED POLICIES & statutory obligations

Councillor Code of Conduct.

Local Law No. 12 (Meetings Procedure and Use of Common Seal).

9. RELATED LEGISLATION

Local Government Act 1989

10. RESPONSIBLE OFFICERS

Director Corporate Services

Manager Finance & Governance

Team Leader Governance

11. ATTACHMENTS

11.1 Extract – Sections 73 & 73AA, Local Government Act 1989 (refer page 4).

ATTACHMEN

Local Government Act 1989 No. 11

extract

73 Precedence of Mayor

(1) The Mayor of a Council takes precedence at all municipal proceedings within the municipal district.

(2) The Mayor must take the chair at all meetings of the Council at which he or she is present.

(3) If there is a vacancy in the office of Mayor or the Mayor is absent, incapable of acting or refusing to act, the Council must appoint one of the Councillors to be the acting Mayor.

(4) An acting Mayor may perform any function or exercise any power conferred on the Mayor.

73AA` Functions of Mayor

The functions of the Mayor of a Council include—

(a) providing guidance to Councillors about what is expected of a Councillor including in relation to the role of a Councillor under section 65, and the observation of the Councillor conduct principles and the Councillor Code of Conduct by Councillors under sections 76B, 76BA and 76C; and

(b) acting as the principal spokesperson for the Council; and

(d) carrying out the civic and ceremonial duties of the office of Mayor.

Acting DIRECTOR Corporate Services – dale muir

Sale of Discontinued Right of Way - 7A Joffre Street Croydon to the Owners of 7 Joffre Street Croydon	Item 5

Purpose

To authorise commencement of the legislative procedures pursuant to the Local Government Act 1989 (Act) to consider the sale of the discontinued right of way – Lot 3 PS 624858D - to the owners of 7 Joffre Street Croydon.

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

At its Meeting on 19 March 2007, Council resolved to discontinue the right of way (ROW) between 7 & 9 Joffre Street and obtain proprietorship to the land in Council’s name.

Notice of the ROW’s discontinuance was published in the Government Gazette on 6 December 2007. The land was subdivided into 3 lots and in February 2010 Council sold Lot 2 PS 624858D to the owners of 8 Kitchener Road.

The discontinued right of way is vacant land maintained by Council and has not been enclosed by any of the abutting property owners.

Access will continue through a creation of an easement in favour of Council to accommodate the 225mm stormwater drainage pipe that exists.

Refer to the attached plan/photo.

Issue / discussion

In September 2016, the new owner of 7 Joffre Street Croydon requested information on purchasing the discontinued right of way adjacent to his property. He was advised that proceedings would commence early 2017.

Internal consultation with Council’s relevant service areas resulted in support of the proposal.

Property owners of 3/8 Kitchener Road & 9 Joffre Street were consulted seeking their interest in purchasing the land. No response was received from the owners of 3/8 Kitchener Road and the owners of 9 Joffre Street conveyed by phone, that they were not interested in purchasing the land.

The approximate value of the 74 m2 square metres of DROW, based on current land values is in the area of $18,500 plus GST and if a sale resulted, Council would require the purchaser to pay the legal, planning and administrative costs of around $14,000.

The owner of 7 Joffre Street has recently submitted a 2 lot subdivision application for his property.

Financial / economic issues

The costs associated with the sale of land would be funded by the purchaser.

Environmental / amenity issues

Not Applicable

Social / community issues

Not Applicable

Community consultation

Before proceeding with the sale of the land comprising the Land, Council must give public notice of the proposed sale in accordance with section 223 of the Act. The Act provides that a person may, within 28 days of the date of public notice, lodge a written submission regarding the proposed sale of land.

Where a person has made a written submission to Council requesting that he or she be heard in support of the written submission, Council must permit that person to be heard before a meeting of Council or the Committee which has delegated authority to hear those submissions, giving reasonable notice of the day, time and place of the meeting.

After hearing any submissions made, Council must determine whether the Land is not reasonably required as a road for public use, in order to decide whether the road comprising the Land should be discontinued.

Conclusion

It is proposed that Council should commence the statutory procedures pursuant to clause 3 of Schedule 10 of the Act to consider selling the land to the owners of 7 Joffre Street Croydon.

Attachments

1.⇩	Joffre Map Aerial
2.⇩	Joffre Plan - PS 624858D

CONFIDENTIALITY – Not Applicable

RECOMMENDATION

That COUNCIL ACTING UNDER section 189 and CLAUSE 3 OF SCHEDULE 10 TO THE LOCAL GOVERNMENT ACT 1989 (‘THE ACT’) resolves that:

1. THE STATUTORY PROCEDURES BE COMMENCED TO the sale of THE DISCONTINUED RIGHT OF WAY ADJACENT TO 7 JOFFRE STREET CROYDON, as depicted in attachments 1 & 2 of this report

2. PUBLIC NOTICE BE GIVEN IN ACCORDANCE WITH SECTIONS 189, 207A AND 223 OF THE ACT AND WITH COUNCIL POLICY; such notice to state that council proposes to sell the land to THE OWNER OF 7 JOFFRE STREET CROYDON for market value

3. IN ACCORDANCE WITH SECTION 223 OF THE ACT:

i. A COMMITTEE COMPRISING COUNCILLORS MARIJKE graHAM, MICHAEL MACDONALD AND ROB STEANE be appointed TO HEAR ANY PERSON WISHING TO BE HEARD IN SUPPORT OF THEIR SUBMISSION, ON A DATE TO BE DETERMINED

ii. CONSIDERS ALL WRITTEN SUBMISSIONS, INCLUDING A WRITTEN REPORT ON THE PROCEEDINGS OF ANY COMMITTEE HEARING CONDUCTED, FOLLOWING WHICH IT SHALL DETERMINE WHETHER sell the land as proposed

iii. THE DIRECTOR CORPORATE SERVICES BE AUTHORISED 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. SHOULD NO SUBMISSIONS BE RECEIVED, COUNCIL further resolves That:

i. HAVING FOLLOWED ALL THE REQUIRED STATUTORY PROCEDURES PURSUANT TO SECTION 189, 207A AND 223 OF THE ACT PURSUANT TO ITS POWER UNDER CLAUSE 3 OF SCHEDULE 10 OF THE ACT, land comprising LOT 3 on PLAN OF SUBDIVISION plan 624858D be sold to THE OWNER OF 7 JOFFRE STREET CROYDON FOR MARKET VALUE.;

ii. COUNCIL be granted an easement over its assets AND FUTURE ASSETS as a condition of sale of LOT 3 PLAN OF SUBDIVISION 624858D

5. THE CHIEF EXECUTIVE OFFICER, OR ANY OTHER PERSON WITH THE NECESSARY DELEGATION, SIGN ANY TRANSFER OF THE LAND AND ANY OTHER DOCUMENTS REQUIRED TO BE SIGNED IN CONNECTION WITH THE SALE of land TO THE OWNER OF 7 JOFFRE STREET CROYDON

Acting DIRECTOR Corporate Services – dale muir

Councillors Quarterly Professional Development Report - January to March 2017	Item 6

Purpose

To provide a report to the community on professional development undertaken by Councillors.

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 in 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 2015 - 2016:

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

Background

The Councillor Expenses/Entitlements Policy, as amended, was adopted by Council on 27 June 2011. In accord with clause 5.4.3 of the amended policy, a report to Council is provided covering all professional development undertaken by Councillors within that period. This report covers the January to March period of the 2016/2017 Financial Year.

Issue / discussion

This is a standard Governance reporting item.

Financial / economic issues

A budget of $72,000 in the 2016/2017 Financial Year exists for the professional development of Councillors.

The following table outlines both individual Councillor expenditure for the period and the YTD figure as at 31 March 2017.

Councillor	Jan to March 2017	YTD 31/3/17
Tony Dib	Nil	Nil
Marijke Graham	Nil	Nil
Nora Lamont	$2,342.99	$2,342.99
Michael Macdonald	Nil	Nil
Paul Macdonald	Nil	Nil
Samantha Marks	Nil	Nil
Kylie Spears	Nil	Nil
Rob Steane	Nil	Nil
Mike Symon	$950.00	$1,178.35
TOTAL	$3,292.99	$3,521.34

NOTE: All former Councillors YTD balances were NIL

Environmental / amenity issues

Not Applicable

Social / community issues

Not Applicable

Community consultation

Not Applicable

Conclusion

Not Applicable

Attachments

Not Applicable

CONFIDENTIALITY

Not Applicable

RECOMMENDATION

That COUNCIL NOTES THE COUNCILLORS PROFESSIONAL DEVELOPMENT REPORT FOR JANUARY 2017 – MARCH 2017

Acting DIRECTOR Corporate Services – dale muir

MUNICIPAL ASSOCIATION OF VICTORIA STATE COUNCIL MEETING – MOTIONS	Item 7

Purpose

To consider the three Maroondah motions for submission to the Municipal Association of Victoria (MAV) State Council Meeting to be held on Friday 12 May 2017 and to indicate support for motions circulated by other Eastern Region municipalities.

Strategic / policy issues

The following directions contained in Maroondah 2040: Our Future Together and the Council plan 2013-2017 (Year 4: 2016-2017) provide the strategic framework that underpins the purpose in this report.

Outcome Area: A well governed and empowered community

Key Directions 2013 – 2017:

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 12 May 2017. The three proposed Maroondah motions are viewed as being of significance across the Victorian Local Government sector and therefore of importance for debate and consideration by the State Council Meeting.

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

Issue / discussion

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

Motion 1: State Government Rate Capping Communication in a Revaluation Year

Motion – That the Municipal Association of Victoria State Council calls upon the State Government to undertake a full communication media campaign to ensure that the rate cap increase is understood by Victorian rate payers in a revaluation year.

Rationale – The State Government through the Essential Services Commission now determines the rate cap for Council’s to apply in any given year.

In a revaluation year this percentage will significantly vary for each ratepayer depending on the valuations returned for each property depending on market movements. At Maroondah in 2016/17, 58% of ratepayers experience a rate increase greater that the advertised 2.5% rate cap. Many other metropolitan councils also experience similar outcomes and were exasperated in trying to explain the variation from the rate cap amount.

While the material provided by the MAV was useful, it was not adopted universally across the State and hence it is imperative that the State Government provide State-wide advertisements similar to the very successful Fire Services Property Levy campaign.

Motion 2: Universal Access to Early Childhood Education – 15 Hours Per Week Kindergarten Funding

Motion – That the Municipal Association of Victoria State Council ensures that the MAV continues to ramp up its advocacy campaign to secure long term Federal funding to deliver universal access to early childhood education - 15 hours a week of kindergarten for children in the year before primary school.

Rationale – In November 2008 the Council of Australian Governments (COAG) as part of its early childhood reforms endorsed the National Agenda of Universal Access to 15 hours of kindergarten a week for four year-old’s from 2013. Access to a 15-hour program has been available to pre-schoolers since 2013 and the Victorian participation rates for 2015 was 98.1% representing more than 74,000 children reaping the benefits of a quality early years’ education.

Under the National Partnership Agreement, the Commonwealth Government provides about one-third of the funding for 15 hours of preschool and the Victorian Government contributes two-thirds. There have been four separate National Partnership Agreement with the current Agreement due to expire in December 2017. In addition to the funding from the Commonwealth and the Victorian Governments the community and local government provide a further 35 per cent through parent fees, fundraising and Council support to meet any shortfalls.

In 2015 the Productivity Commission released its report into Childcare and Early Childhood Learning – recommending continued Commonwealth investment in preschool programs. Subsequently the Commonwealth Jobs for Families package including federal funding to assist in meeting the cost of the provision of 15 hours of preschool in 2016 and 2017.

The commitment from the Commonwealth via the latest National Partnership Agreement expires in December 2017. These continual short-term funding arrangements make it difficult for Victorian services and families to plan as they continue to face uncertainty about the cost and availability of preschool beyond 2017.

The MAV’s advocacy campaign is seeking to secure long term Federal funding to deliver 15 hours a week of kindergarten.

Motion 3: Return of Interests – Privacy Issue

Motion – That the Municipal Association of Victoria State Council calls upon the State Government to request Local Government Victoria to review the wording of the Return of Interest forms - both primary and ordinary – specifically point number 3 of the details required with regard to perceived privacy implications.

Rationale – Section 81 Local Government Act (the Act) requires Councillors, Senior Officers, Nominated Officers, Members of the Audit Advisory Committee and members of Special Committees (if not exempt) to complete a primary return upon assuming their position and then twice a year an ordinary return of interest.

Privacy concerns have arisen about the details required to complete point 3. The wording of which is:-

“The address or description of any land in the municipal district of the Council or in a municipal district which adjoins that municipal district in which you had any beneficial interest other than by way of security for any debt.”

Aside from being poorly worded it is assumed that the details required means any land in the municipal district associated with the incumbent (in the role/s as above) and any land in an abutting municipality. The requirement for an abutting municipality for an interest seems quite bizarre and no longer appropriate at all. It appears to be an extremely long bow to argue that a property in the middle of say Blackburn (Whitehorse City Council) creates a possible conflict for someone serving as a member of the Audit and Risk Committee for Maroondah City Council. Perhaps if the property was directly abutting a municipal boundary than maybe it would have some relevance. Additionally, there appears little relevance in Councillors having to disclose the address of investment properties in adjoining municipalities.

The general push within the Local Government sector for greater openness of decision making and general accountability is creating an impetus for Council registers to be placed on line and therefore available readily to the public. Currently the Register of Interest is only available for inspection by application and then specific individuals – so it provides some protection re privacy.

To have personal addresses available on line raises issues of privacy and safety. Nominated Officers as a rule do not merely follow the hierarchy of an organisation chart and tend to extend deeply into areas such as Planning, Building and Health. It is highly perceivable that should registers be placed on line that a number of such officers’ private addresses would be available to members of the public that may be disgruntled with decisions made by these officers.

Requirements for the Local Government sector are at a higher level than the other two tiers of government. The House of Representatives only require Federal Members of Parliament to disclose the suburb in which they own property. The State Parliament requires full details of property holdings but only publishes a summary thus alleviating privacy concerns – for example …a residential property in Warranwood. It is therefore reasonable that there be a consistent standard across the three levels with all protecting persons who are required to lodge a Return of Interests declaration

Summary

That the MAV State Council Meeting seek a revision of the wording on the Return of Interest Forms by:

· Deletion of the requirement to name property in abutting/adjoining municipalities;

· Align the requirements to the Victorian State Parliament Register of Members’ Interests in that full details of property holdings are required with however the address being maintained as confidential and only a summary being publicly available within the register.

Eastern Region Motions:

The Eastern Metropolitan Councils have adopted the practice of circulating motions with a view to engender regional support for them at the State Council meeting. Participating municipalities are Boroondara, Knox, Manningham, Monash, Whitehorse and Yarra Ranges. A total of 17 motions have been received from these Councils – except Boroondara.

A sub-group of Council comprising of the Deputy Mayor Cr Nora Lamont, Cr Symon as the MAV Representative and the Chief Executive Officer considered the merits of the regional motions resulting in 13 being supported; 3 intending to have amendments moved at the State Council and 1 not supported.

An Indication of support was forwarded for these 13 motions:-

Knox:

· Increased Affordable Housing in Eastern Metropolitan Melbourne;

· Funding for CCTV Systems; and

· Continuation of Funding for Building Inclusive Communities (Metro Access).

Manningham:

· Metro Access Program;

· School Focused Youth Services; and

· Universal Access (15 Hours Kindergarten).

Monash:

· School Focused Youth Service;

· Building Inclusive Communities Metro Access Partnership Program Funding Advocacy – worthy of support;

· ResCode – Development Framework; and

· Homelessness and Rough Sleeping – worthy of support.

Whitehorse:

· Increased Affordable Housing in Eastern Metropolitan Melbourne.

Yarra Ranges:

· Community Legal Centres Funding; and

· Volunteer Management Program Funding.

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 advocate to the State Government on behalf of Maroondah residents.

Conclusion

The proposed motions have a state wide significance throughout the Local Government sector and therefore should be discussed at the State Council Meeting. Closing date for the receipt of motions was Friday 14 April 2016.

It is therefore proposed that Council endorse the actions of Officers in submitting the three motions from Maroondah to the Municipal Association of Victoria, in addition to indication of support for thirteen regional motions.

Attachments

Not Applicable

CONFIDENTIALITY

Not Applicable

RECOMMENDATION

THAT COUNCIL ENDORSES THE ACTIONS OF OFFICERS IN

1. SUBMITTING THE FOLLOWING THREE MOTIONS ON BEHALF OF MAROONDAH CITY COUNCIL FOR CONSIDERATION AND DEBATE AT THE MUNICIPAL ASSOCIATION OF VICTORIA STATE COUNCIL MEETING:

i. STATE GOVERNMENT RATE CAPPING COMMUNICATION IN A REVALUATION YEAR

Motion:- THAT THE MUNICIPAL ASSOCIATION OF VICTORIA STATE COUNCIL CALLS UPON THE STATE GOVERNMENT TO UNDERTAKE A FULL COMMUNICATION MEDIA CAMPAIGN TO ENSURE THE RATE CAP INCREASE IS COMPLETELY UNDERSTOOD BY VICTORIAN RATE PAYERS IN A REVALUATION YEAR.

ii. UNIVERSAL ACCESS TO EARLY CHILDHOOD EDUCATION – 15 HOURS PER WEEK KINDERGARTEN FUNDING

Motion:- THAT THE MUNICIPAL ASSOCIATION OF VICTORIA STATE COUNCIL ENSURES THAT THE MAV CONTINUES TO RAMP UP ITS ADVOCACY CAMPAIGN TO SECURE LONG TERM FEDERAL FUNDING TO DELIVER UNIVERSAL ACCESS TO EARLY CHILDHOOD EDUCATION - 15 HOURS A WEEK OF KINDERGARTEN FOR CHILDREN IN THE YEAR BEFORE PRIMARY SCHOOL.

iii. RETURN OF INTERESTS – PRIVACY ISSUE

Motion:- THAT THE MUNICIPAL ASSOCIATION OF VICTORIA STATE COUNCIL CALLS UPON THE STATE GOVERNMENT TO REQUEST LOCAL GOVERNMENT VICTORIA TO REVIEW THE WORDING OF THE RETURN OF INTEREST FORMS - BOTH PRIMARY AND ORDINARY – SPECIFICALLY POINT NUMBER 3 OF THE DETAILS REQUIRED WITH REGARD TO PERCEIVED PRIVACY IMPLICATIONS.

2. INDICATING THE SUPPORT OF MAROONDAH TO THE THIRTEEN MOTIONS CIRCULATED BY REGIONAL COUNCILS, NAMELY:

KNOX CITY COUNCIL

i. INCREASED AFFORDABLE HOUSING IN EASTERN METROPOLITAN MELBOURNE

ii. FUNDING FOR CCTV SYSTEMS

iii. CONTINUATION OF FUNDING FOR BUILDING INCLUSIVE COMMUNITIES (METRO ACCESS)

MANNINGHAM CITY COUNCIL

iv. METRO ACCESS PROGRAM

v. SCHOOL FOCUSED YOUTH SERVICES

vi. UNIVERSAL ACCESS (15 HOURS KINDERGARTEN)

MONASH CITY COUNCIL

vii. SCHOOL FOCUSED YOUTH SERVICE

viii. BUILDING INCLUSIVE COMMUNITIES METRO ACCESS PARTNERSHIP PROGRAM FUNDING ADVOCACY

ix. RESCODE – DEVELOPMENT FRAMEWORK

x. HOMELESSNESS AND ROUGH SLEEPING

WHITEHORSE CITY COUNCIL

xi. INCREASED AFFORDABLE HOUSING IN EASTERN METROPOLITAN MELBOURNE

YARRA RANGES SHIRE

xii. COMMUNITY LEGAL CENTRES FUNDING

xiii. VOLUNTEER MANAGEMENT PROGRAM FUNDING

DIRECTOR Planning & Community – Phil Turner

Surrender Of Lease Agreements And Approve New Leases	Item 1

Purpose

To seek Council approval of the surrender of a lease agreement between Maroondah City Council and the following four Kindergartens:

· Bayswater North Kindergarten 17 Wonthulong Drive, Bayswater North 3153

· Croydon Central Kindergarten 216 Mount Dandenong Road, Croydon 3136

· Croydon Gums Kindergarten 22 Frederick Street, Croydon 3136

· Oban Preschool 6A Holyrood Crescent, Ringwood 3134

And, Council endorsement to enter new leases with Bestchance Child Family Care for three (3) years with the option for a further two (2) terms of three (3) years each.

Strategic / policy issues

The following directions contained in Maroondah 2040: Our Future Together and the Council Plan 2013-2017 (Year 4: 2016-2017) provide the strategic framework that underpins the purpose of this report.

Outcome Area: A 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 2016 – 2017:

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

Priority Action 2016-2017:

Assist all kindergartens to maintain sound and sustainable governance models.

Background

There are twenty (20) kindergartens located on Council land and occupying Council owned premises. Independent incorporated associations, via representative Committees of Management or Cluster Management operate these services.

Three (3) of the twenty (20) kindergartens in Maroondah are currently managed by Bestchance, a cluster manager as part of the Early Childhood Management Service model. Bestchance is an experienced independent, not for profit organisation which supports community-based kindergartens in delivering high quality education and care programs for children and families. Bestchance currently manages over sixty (60) kindergartens across eleven (11) local government areas.

The Parent Committees of the four (4) named Kindergartens no longer desire to manage the services and have made arrangements for Bestchance to manage each of the individual services. In order to facilitate this arrangement each kinder has agreed to surrender their lease so that new leases can be developed with Bestchance.

Issue / discussion

Council seeks to surrender the current leases with each of the four (4) named Committees of Management and enter Community Facilities Lease Agreements with Bestchance.

Through lease agreements made between Council and the Lessee, the Lessee will be granted use and occupation of the premises for a term of three (3) years with the option for a further two (2) terms of three (3) years at annual rentals calculated in accordance with the Principles of the Community Facilities Pricing Policy and determined under the category of Other Community Groups Occupying Council-Owned Facilities.

Officers recommend that Council approves the lease agreement upon the terms and conditions set out in the lease, the principal terms which are:

· Term – three (3) years with the option for a further two (2) terms of three (3) years.

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

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

Financial / economic issues

There will be a rent increase of approximately $400 in the first year. The pricing will be in line with Maroondah City Council’s Leases and Licenses Pricing Schedule. Bestchance are aware of this and in agreeance.

Environmental / amenity issues

Not Applicable.

Social / community issues

In line with the State Government policy direction, the transfer of the leases to Bestchance will strengthen the Cluster Management Model in Maroondah and contribute to the ongoing sustainability of preschool education for Maroondah’s children.

Community consultation

Maroondah City Council, along with Bestchance and the kindergartens work closely together to ensure the best outcomes for children and families of Maroondah.

Conclusion

The lease agreements provide a mutually beneficial arrangement between Maroondah City Council and Bestchance.

Attachments

Not Applicable

CONFIDENTIALITY

Not Applicable

RECOMMENDATION

That COUNCIL

1. approves the surrender of a lease agreement between maroondah city council and bayswater north kindergarten, croydon central kindergarten, croydon gums kindergarten and oban preschool

2. Grants a lease to bestchance child family care for BAYSWATER NORTH KINDERGARTEN, CROYDON CENTRAL KINDERGARTEN, CROYDON GUMS KINDERGARTEN AND OBAN PRESCHOOL; the principal terms being:

i. each lease will be for an initial three (3) year period with the option for a further two (2) terms of three (3) years in accordance with council’s standard lease agreement,

ii. and that bestchance child family care be charged in accordance with council’s community facilities pricing policy, endorsed 23 march 2015

3. signs and seals all required documentation as appropriate

DIRECTOR Planning & Community – Phil Turner

Membership of Port Phillip and Westernport Catchment Management Authority	Item 2

Purpose

The purpose of this report is to recommend that Council become a member of the Port Phillip and Westernport Catchment Management Authority. This involves Council setting targets for the native vegetation it owns and manages.

Strategic / policy issues

The following directions contained in Maroondah 2040: Our Future Together and the Council Plan 2013-2017 (Year 4: 2016-2017) provide the strategic framework that underpins the purpose of this report.

Outcome Area: A clean, green and sustainable community.

Our Vision: In 2040, Maroondah will be a green leafy community with high levels of waste diversion and sustainable approaches to infrastructure development, urban design and management of natural resources. Our community will be resilient and have the knowledge, capacity and resources to make sustainable lifestyle choices.

Key Directions 2016 – 2017:

4.5 Enhance Maroondah’s parklands, bushlands, gardens and open spaces.

4.6 Protect and restore biodiversity and native habitat for local plants and animals on public and private land.

4.7 Preserve and enhance Maroondah’s canopy vegetation.

Priority Action 2016-2017:

2014-2020 Review the planning scheme to protect and enhance habitat corridors.

Background

The Port Phillip and Westernport Catchment Management Authority (PPWCMA) was established in 2002 as the peak natural resource management body in the region. The PPWMCA is one of the ten Catchment Management Authorities promoting and coordinating improved land, water and biodiversity management throughout Victoria. The PPWCMA was delegated its powers and functions under the Catchment and Land Protection Act 1994. The PPWCMA is bound by the Statement of Obligations under the Catchment and Land Protection Act 1994.

The Port Phillip & Western Port region is home to 4.2 million people. Its land, waterways, coasts and bays are intensively managed by around 50 local governments and state agencies and over 300 community-based organisations. The Regional Catchment Strategy (RCS) prepared by the PPWCMA coordinate work around its shared vision and targets.

The RCS is an interactive website designed to be reviewed and updated in response to change. It is designed to be partner driven and owned, founded on measurable targets set by its partner organisations. The RCS is built on its signatories and other partners’ aspirations and goals, rather than sitting outside of what partner organisations do. It encourages its partner organisations to choose how they will achieve their targets and provides them with a framework to measure their progress and success. It can be viewed at: www.ppwrcs.vic.gov.au .

In summary, the RCS is built on collective aspirations and goals of its signatories and other partners.

Signatories to the RCS and other RCS partners include:

· Boroondara Council

· Brimbank City Council

· Cardinia Shire Council

· Casey Council

· Crib Point Stony Point Crown Land Reserve Committee of Management

· Department of Environment, Land, Water, and Planning

· Greater Geelong Council

· Hobsons Bay City Council

· Hume City Council

· Kingston Council

· Manningham City Council

· Mitchell Shire Council

· Moonee Valley Council

· Mornington Peninsula Shire Council

· Nillumbik Shire Council

· Parks Victoria

· Phillip Island Nature Parks

· Southern Rural Water

· Trust for Nature

· Whittlesea Council

About Living Links

Living Links is a large-scale PPWCMA environmental and social project working to create a web of high quality, interconnected green spaces in Melbourne’s south-east. It aims to enhance urban biodiversity and to improve opportunities for people to experience the many benefits of connecting with nature. More information at: www.livinglinks.com.au.

Transforming the Dandenong Creek corridor into a world-class urban Living Link project

The RCS sets out existing and proposed nature links through the region. In the Maroondah area, the Transforming the Dandenong Creek corridor into a world-class urban living link project will focus on the Dandenong Creek corridor, one of 17 corridors that have been identified through a 5-year collaborative process. It will undergo a range of on-ground works to enhance and connect green spaces in a 22 km corridor of the Dandenong Creek between Bayswater North and Dandenong to enhance local flora and fauna, help threatened species and improve water quality. The launch will be held on Friday 28th April 2017. This project is being supported with a $1M contribution from the Victorian Government’s ‘Our Catchments, Our Communities’ initiative to implement priorities of the RCS. Delivering it is a partnership involving the PPWCMA, Melbourne Water, Maroondah City Council, Knox City Council, Greater Dandenong City Council, City of Casey, Parks Victoria and local community groups.

Issue / discussion

As the RCS is a strategy across multiple council jurisdictions, the overarching objective is for Maroondah to link into and meet broader regional objectives.

The Maroondah Sustainability Strategy 2016-2020 recognises the PPWCMA as a partner (Focus Area 2: Green Assets and Water). The proposal is that Council formalise this partnership by becoming a member of the PPWCMA. This requires Council to set targets for the native vegetation it owns and manages.

Maroondah’s proposed targets and Statement of Commitment have been drafted, with in-principle support from the PPWCMA. The proposal is also supported by the Maroondah Environment Advisory Committee.

Proposed Targets:

· No net loss of the area and quality of existing native vegetation on 171 hectares of land managed by the City of Maroondah to 2040.

· Improved native vegetation quality on an additional 6.7 hectares of land managed by the City of Maroondah by 2025 and a further 13.1 hectares by 2040.

· No net loss in Council’s 2016 stock of 64,200 street trees to 2040.

· No net loss of the 650 ha of open space owned by Council to 2040.

Proposed Statement of Commitment:

· Council considers these targets important and achievable. Council is focused on the protection of Maroondah’s green assets and water resources. To foster this, a municipal wide vegetation review is a priority action in the Maroondah Sustainability Strategy. In addition, Council will develop a green infrastructure approach that maximises the value and benefits for the economic, social, and environmental well-being of Maroondah.

If supported, the proposed would be listed in the RCS, at www.ppwrcs.vic.gov.au/assets-areas/whole-region/native-vegetation/method/ (which contains sections for ‘Permanent Native Vegetation’ and ‘Other Native Vegetation’).

The proposed commitments also supported by data and knowledge from across Council’s Operations and Assets teams and can be viewed in layers of Council’s IntraMaps. This builds on previous Eastern Alliance for Greenhouse Action work that involved mapping the extent of native vegetation (public land) across the region through the Biodiversity Monitoring in Melbourne’s East project. In 2015/2016 ‘Vegetation types’ were digitised by Council staff in a GIS layer as follows:

· Type 1: Area currently targeted for restoration activities

· Type 2: Area targeted for future restoration activities

· Type 3: Existing native vegetation.

Furthermore, the Climate Change Risk and Adaptation Strategy 2017-2021 (under development) will outline how Council will invest in adapting to climate change, especially through green infrastructure management and restoration.

Financial / economic issues

No financial,contribution for membership is sought from the PPWCMA

Environmental / amenity issues

Not Applicable

Social / community issues

Not Applicable

Community consultation

The Targets and Statement of Commitment were presented to the Maroondah Environment Advisory Council on 28 February 2017 and were fully supported.

Conclusion

In conclusion, demonstrating support for the PPWCMA in the form of membership and contributing to broader regional environmental goals is highly consistent with Council policy. Committing to the nominated targets demonstrates the value of Maroondah’s land reserves as part of the region’s natural assets. By being included in the next iteration of the RCS, Council will be well placed to work in collaboration with other key stakeholders in advancing the natural environment regionally.

Attachments

Not Applicable

CONFIDENTIALITY

Not Applicable

RECOMMENDATION

That Council

1. Become a member of the Port Phillip and Westernport Catchment Management Authority

2. Support the Targets and Statement of Commitment as referred to in this report

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 REALM: 179 Maroondah Hwy, Ringwood

ACTING DIRECTOR Corporate Services – Dale muir

Attendance Report	Item 1