2014 Maroondah Logo RGB.jpg

 

 

Councillor

(as addressed)

 

 

The next Council Meeting will be held in the Council Chamber, Braeside Avenue, Ringwood, on Monday 16 October 2017, commencing at 7:30pm and your presence is requested.

 

 

Yours faithfully

SKozlows.jpg

 

Steve Kozlowski

CHIEF EXECUTIVE OFFICER

 

Note:

This meeting is being streamed live on the internet and recorded.

Every care is taken to maintain privacy and attendees are advised they may be recorded.

 

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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

REALM: 179 Maroondah Hwy, Ringwood

 


 

 


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 18 September 2017.

6.       Public Questions

7.       Officers’ Reports

Chief Executive Officer

1.       Eastern Regional Group of Councils (ERG) Governance and Strategic Plan 2018-2020                                                                                                                          5

Director Corporate Services

1.       Attendance Report                                                                                                  54

2.       Reports of Assembly of Councillors                                                                       56

3.       Councillor Representation Reports                                                                        62

4.       Sale of land at rear of 26 Bridget Court Warranwood to the owners of 26 Bridget Court Warranwood                                                                                                            67

5.       Sale of discontinued right of way (DROW) at 40A Cuthbert Street Heathmont to the owners in Hardy Crescent, Waterloo Street and Cuthbert Street Heathmont       77

6.       Sale of discontinued right of way (DROW) at the rear of 2-42 Grey Street Ringwood East to the owners of Grey Street and Eastfield Road Ringwood East                 84

7.       Rating Strategy Review 2018-2022                                                                        93

8.       Councillors Quarterly Expense and Reimbursement Report - July to September 2017                                                                                                                                96

Acting Director Operations, Infrastructure & Leisure

1.       Maroondah Carols 2017                                                                                         98

Acting Director Planning & Community

1.       Formal Consideration of Annual Report 2016/17                                                 101

2.       Amendment C110 - 29 Bedford Road, Ringwood Heritage Overlay: Panel Report and Adoption of Amendment                                                                                       344

3.       Endorsement of Maroondah Health and Wellbeing Plan 2017-2021                  397

4.       Solar Savers Program: Declaration of Special Charge Scheme for Solar Savers Households                                                                                                           580

5.       Maroondah Business Advisory Committee                                                          607   

8.       Motions to Review   

9.       Late Item

10.     Requests / Leave of Absence

11.     In Camera

Acting Director Operations, Infrastructure and Leisure

1.       Tender Evaluation - Contract 20849 Sport and Recreation Planning Consultant Services

2.       Tender Evaluation Report - Contract 20852 Heathmont Road Rehabilitation & LATM  


Chief Executive Officer Steve Kozlowski

 

Eastern Regional Group of Councils (ERG) Governance and Strategic Plan 2018-2020

Item 1

 

Purpose

To endorse the draft Strategic Plan 2018-2020 and proposed new governance arrangements for the Eastern Regional Group of Councils (ERG).

Strategic / policy issues

The following directions contained in Maroondah 2040: Our Future Together and the Council Plan 2017-2021 (Year 1: 2017-2018) 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 2017 – 2018:

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

8.10   Work in partnership to advocate and champion the needs and aspirations of the community to other levels of government, service providers and the business sector.

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

8.14   Work in partnership to deliver services that recognise and are responsive to the interests and needs of the community.

Background

Councils in the eastern area of Melbourne have worked collectively over many years to advocate on behalf of their communities. To date the ERG has operated as an informal issues-based forum, managed by bi-monthly meetings of Mayors and CEOs, where meeting locations and Chair rotate between each member Council.

 

The eastern councils have had a strong voice and been able to influence policy matters on a range of issues including planning, service funding, transport, infrastructure, affordable housing, and climate change. Examples of this are seen in the work of the ERG as well as the Eastern Transport Coalition (ETC), Eastern Alliance for Greenhouse Action (EAGA) and Eastern Affordable Housing Alliance (EAHA).

 

In recent years the need to respond collectively has increased in importance, particularly due to the changing policy environment in the state and federal spheres, the emphasis on regional planning platforms across a range of portfolio areas as well as pressure on resources and the changing expectations of our communities.

More recent activities including the state government review of the Local Government Act, the MAV Act and the introduction of rate capping legislation are added imperatives for the region to strengthen its collective effort.

 

This report considers the response and deliberations of ERG Councils to the proposition that it is timely to establish more formal arrangements that strengthen the partnership and coordination across the eastern group of councils. It further considers the development of a 3-year strategic plan for the region and enhanced governance arrangements to support its implementation.

 

Issue / discussion

During 2014, a high-level piece of work to review existing ERG governance arrangements was commissioned and undertaken by Kay Rundle and Associates. This review work suggested that increased benefits would result from a more structured approach and that a formal governance structure would enable a co-ordinated and strategic response across a range of regional matters.

 

Kay Rundle’s work further noted the extent of other groups operating in the east, including those financially resourced by member councils (EAHA, EAGA, ETC). She proffered that if these various groups formed parts of one whole structure on behalf of Melbourne’s east, the net impact would increase the profile and advocacy strength available.

 

Resulting from this review, in 2015 the eastern region established secretariat resources to support the ERG as an agreed first step ahead of more structured arrangements. To this end, The Agenda Group was contracted to supply the ERG secretariat service and assist in the ERG’s collective work. The Agenda Group engagement as a secretariat service to the ERG is due to conclude in December 2017.

 

The current regional environment is also becoming crowded with bodies beyond local government. The Victorian Planning Authority (VPA) has recently been established which will have a key role in land use planning. It is unclear at this stage what role the VPA will have in a regional context. Other relevant developments include the review of the Municipal Association Act and the Municipal Association of Victoria (MAV) review of its own rules which could impact its future structure and regional alignments.

 

Other changes at the regional level include the dropping of the Regional Management Forum (RMF) model and its replacement with a Metropolitan Partnerships arrangement introduced in June 2017. This change prompted the withdrawal of Boroondara Council from the eastern regional group, resulting in the current ERG membership of six councils being aligned with the Metropolitan Partnership region.

 

Based on the experience over the last 2 years in having an engaged independent secretariat resource to support co-ordination and administration of ERG work, the group has identified the following key benefits and outcomes that can further flow from an enhanced regional approach:

 


 

Improved visibility

Developing a strong “regional” presence with a united view helps ensure that ERG issues are more visible and clear to other levels of government on behalf of our communities

 

Improved advocacy

Responding to escalating pressure for councils to advocate effectively on behalf of their communities and to achieve more meaningful influence over other levels of government that control most of the resources which enable our communities to function. It is vital that within a strategic and planned context that the region agree a set of advocacy priorities.

 

Integrated Planning

Enhancing the currently limited capacity to consider and pursue collaborative resource planning across our boundaries. A more enabling environment for exploiting integrated planning and/or service development opportunities would augment the region’s potential to attract greater external funding and achieve better community outcomes.

 

Simplified Connection to State and Federal Government

The complexity of demands from other levels of government can be more ably facilitated by a more coordinated approach. A single-entry point into our region would strengthen our capacity to respond to change at other levels of government and improve the advocacy and planning elements.

 

Improved performance opportunities

The potential for councils to work collectively at an operational level can be harnessed more readily within an accepted regional model allowing for the assessment of economies of scale and productivity opportunities. The current process of review of the Local Government Act also opens opportunities which the eastern region may be able to pursue, including establishing a more structured approach around shared services delivery and the potential to progress entrepreneurial initiatives.

ERG Workshop of 12 July 2017 – Proposition Testing for the 2018-2020 Strategic Plan

 

At the request of the Mayors of the member Councils, Councillors and Chief Executives were invited to participate in an ERG workshop held on 12 July 2017. The core purpose of the workshop was to test the collective appetite of ERG councils to progress more formalised, purposeful and impactful leverage as a recognised and distinct regional voice on matters of common significance, importance and priority for the communities of the eastern metropolitan region.

 

A total of 28 workshop participants from the six councils of the ERG, comprising 22 Councillors (including 4 Mayors and 2 Deputy Mayors), with 5 Chief Executives and 1 Acting Chief Executive, explored the question of whether there is a will to augment the positioning and standing of the ERG in terms of exploiting regional leverage with the objective of:

·        achieving better community outcomes in a high demand environment; and

·        improving service efficiency and effectiveness in a constrained environment.

The workshop was independently facilitated by Andrew Hollo of WorkWell Consulting.  A record of the workshop proceedings was captured by independent consultant Joe Carbone (former Chief Executive Officer of Manningham City Council) who has been engaged to compile a Proposition Document and the drafting of the 3 Year ERG Strategic Plan for consideration.

 

 A copy of the 12 July 2017 ERG Workshop proceedings is appended to this report at Attachment 1.

 

In summary, the Workshop process established that there was broad willingness for the ERG to explore collaborative approaches that augment regional leverage as a “cumulative motive force”, whilst preserving the independence of participating entities to use their own motive force and elect those issues on which they believe they have substantial common interest.

The workshop proceedings reflected a cautiously positive position on the proposition of progressing more formalised, purposeful and impactful leverage on issues of common interest and importance for most, if not all councils.

 

In reaching this position, the workshop determined some objective guidelines around which future approaches in support of collaboration and joint advocacy should be based. The objective guidelines and expressed organisational tenet for the ERG going forward were collated and are reflected in the Proposition Document appended to this report at Attachment 2.

The Proposition Document outlines a basis for future ERG efforts, guided by a framework of desired goals, success factors (positive conditions) and cautions (avoidance of negative conditions).

 

Development of Draft ERG 3 Year Strategic Plan (2018-2020): Selection of Strategic Projects/Issues

 

Using the Proposition Document guidelines, strategic projects and issues have been identified and nominated for the development of the draft ERG 2018-2020 Strategic Plan.

 

The selected strategic projects/issues incorporated in the draft ERG 2018-2020 Strategic Plan align with the guiding framework of desired goals, success factors and cautions expressed in the ERG Proposition Document as follows:

1.       Contribute to the goal of creating a recognised multi-council future vision by exploiting the opportunity to achieve greater “net community benefit” across the region from improved returns on capital and/or service effectiveness, including enhanced likelihood of attracting greater external funding;

2.       Support the goal of whole region integrated planning which facilitates opportunities to:

a)      pursue advantageous planning across municipal boundaries covering the dimensions of social and/or infrastructure planning on a regional level;

b)      exploit possible advantages of:

i.        Pooled resourcing (specialist staff)

ii.       Information sharing and common systems development

iii.      Joint research effort

iv.      Developing common operational tools and standards

v.      Aligning work with existing plans and groups that are already making progress across municipal boundaries

 

3.       Strengthen external advocacy and promotion of an ERG single identified voice for the region;

4.       Achieve positive outcomes for the benefit of the region and its communities that can be quantified and evaluated; and

5,       Avoid negative conditions such as duplication, “relevance deprivation” and competing interests between councils.

 

Draft ERG 2018–2020 Strategic Plan

 

The framework of the developed draft ERG Strategic Plan is built around 3 core elements as set out in the table below:

 

Identity Positioning

(I)

Strategic Directions

(P + C)

Advocacy, Promotion, Marketing (A)

Commitment to a multi-Council future vision for the eastern metropolitan region that reflects the objectives and efforts of the chosen strategic directions of the ERG

Selected strategic projects/ issues to be progressed and supported

 

Ø Integrated Planning (P)

Ø Operational Collaboration (C)

Purposeful advocacy, promotion and marketing that is distinctly reflective of the multi-city vision of the eastern region and directly linked to the adopted Integrated Planning and Operational Collaboration agenda

               INFLUENCE                     REGIONAL LEVERAGE       TARGETTED ADVOCACY

Strategic Directions (P+C) shape the Identity (I) and Advocacy (A). Over time,
 (A) reinforces the (I)

Whilst the above strategic plan model represents the structured approach for the next recommended iteration of the ERG, it is also pertinent for the ERG to be continually and actively responsive to emerging sector issues of significance as they arise as has been past practice.


 

Collaborative monitoring and assessment of political, service and financial impacts of proposed public policy changes driven by State and/or Federal government as affects Local Government, particularly as may specifically impact the eastern region Councils, should continue to be under ongoing watch by the ERG. This ideally should be a continuing core component of the ERG role and more particularly in the current environment where potential changes to MAV are yet to play out.

This report recommends that the draft ERG Strategic Plan 2018–2020 appended at Attachment 3 be approved and adopted by Council as a member of the ERG. The ERG would further refine the draft Strategic Plan in terms of assessing and agreeing the achievable work schedule for the three years.

 

ERG relationship with existing regional groups functioning in the eastern metropolitan region

The significant work of the following 3 key regional issues based groups is recognised:

·        Eastern Transport Coalition (ETC);

·        Eastern Affordable Housing Alliance (EAHA); and

·        Eastern Alliance for Greenhouse Action (EAGA)

These groups have been effective in their areas of focus but to date there has been no clear alignment between their operation and the ERG. The Rundle Report of May 2014 recommended the linking of these groups with the eastern metropolitan Mayors and CEOs forum similar to the way in which some other established regions work with subject matter sub-groups through formal structures e.g. G21, IMAP, NorthLink and LeadWest.

As an initial step towards testing and pursuing a clearer and more meaningful connection between the above groups and the ERG, a reporting relationship development approach is suggested which facilitates shared reporting as well as strategic alignment on agreed/common priorities. In so pursuing such a development path, there would be the opportunity to enhance and better co-ordinate the advocacy effort of the region.

The ERG councils currently commit funding and resources to the ETC, EAHA and EAGA as follows:

·        ETC - $8,000 annual fee plus $14,000 for a 3-year advocacy campaign per member council. Current membership comprises all ERG councils plus Greater Dandenong

·        EAHA - $7,000 p.a. per member council for a 0.4 EFT administrative resource. Current membership comprises all ERG councils.

·        EAGA - $20,000 p.a. per member council. Current membership comprises all ERG councils except Manningham, plus Boroondara, Stonnington and Glen Eira.

The financial commitment by member councils to the ERG is $30,000 per council p.a. In the past the funding has been largely allocated to the contracted secretariat support service. The current secretariat service is provided by The Agenda Group, whose service contract expires in December 2017. For the last 3 years, ERG funding included the contribution of Boroondara Council which is now no longer part of the ERG.

Given the significant cumulative investment of eastern region councils in support of regional advocacy and political lobbying activity, it is imperative for the region to optimise such resources and energy through the opportunity of improved collaboration and integration of effort. The development path suggested in this report commences with the establishment of agreed reporting relationships between the key regional groups and the ERG. It is recommended that this development approach form part of the year 1 agenda of the ERG in collaboration with the ETC, EAGA and EAHA.

ERG Governance

The formal governance model proposed for the ERG is in the form of an Eastern Regional Group of Councils Agreement made pursuant to s. 193 of the Local Government Act 1989.  Refer Attachment 4.

In future, changes to the Local Government Act may provide some opportunities or alternate legal options that can be explored such as the Incorporated Associations Act and/or extended entrepreneurial provisions. The Local Government Act review may indeed reinforce the need for stronger regional partnerships of Councils.

Membership of the ERG is open to the six councils of the eastern metropolitan region of Melbourne comprising Knox, Manningham, Maroondah, Monash, Whitehorse and Yarra Ranges.

Each participating council would be an entity member of the ERG and would contribute financially towards the secretariat and administrative function of the ERG in overseeing the implementation of the adopted regional strategic plan.

Included in the role and function of the ERG is the development of appropriate reporting and working relationship links with existing regional groups i.e. ETC, EAGA and EAHA to ensure their alignment with the work and supported priorities of the region and their ongoing momentum in their focus areas.

The Mayor from each member council forms the overarching eastern region entity which is to be supported by secretariat support resources as well a range of collaborative sub-committees established based on strategic need as determined in the adopted strategic regional plan.

The Mayors group would elect a chair who would preside over the ERG for that full year commencing in December of each year.

In addition to the membership of the Mayors, the ERG would also include membership of a further nominated Councillor from each member council. Council Chief Executives and the secretariat representative are ex-officio attending members of the ERG, thereby voting rights are held by Councillor members only.

It is envisaged that the ERG would meet bi-monthly to oversee the implementation of the adopted strategic plan. Chief Executive Officers would continue to ensure that key emerging issues affecting the local government sector are raised and addressed by the ERG.

In view of the current review of the Municipal Association of Victoria (MAV) Act, and in association with providing input to the further review processes underway by the MAV, the ERG will need to raise the question of MAV regional boundaries and their non-alignment with any existing state or federal boundaries.

Corporate service operational support provided to the ERG by any member council in terms of human resource management, financial operations, IT and/or office accommodation services is to be reimbursed at cost.

It is anticipated that Mayors and CEOs of the ERG would provide quarterly feedback to their respective councils on the progress of the ERG and status of strategic plan implementation.

ERG Budget

The financial commitment of member councils is proposed to be $30,000 per council per annum. The level of annual contribution per council would be subject to annual review.

The primary direct resource to support the operation of the ERG is a secretariat that provides an executive officer function for meetings, communications and co-ordination of follow up ERG business.

As part of the implementation process of the ERG Strategic Plan 2018-2020, councils will deploy existing resources that are already committed to regionally based collaborative projects and activities. Opportunities will also emerge to consider the potential pooling of specialist resources across the region as well as joint resourcing of research efforts for greater mutual benefit to all member councils.

Financial / economic issues

The financial commitment to support implementation of the 3 year plan and governance arrangements has been provided for within this year’s budget with the expectation of this being an ongoing requirement subject to annual review.

Environmental / amenity issues

Improved collaborative effort with partner Councils within the Eastern region should result in improved environmental and amenity outcomes for our community.

Social / community issues

Improved effort at a regional scale will provide an opportunity to address significant social community issues that are common across municipal boundaries.

Community consultation

Mayors, Councillors and Chief Executive Officers have been involved in discussions regarding improvements to regional effort by the six member Councils.  No direct community consultation has been required.

Conclusion

This report reflects a considered motivation on the part of the member councils of the ERG to augment its standing and positioning as a stronger, more identifiable and influential voice in the face of greater emphasis on regional planning platforms by state and federal government in a changing policy environment across a range of portfolio areas.

Essential to progressing the ERG from its current standing as an informal collegiate based issues forum, to a more formalised, purposeful and united representative body for the eastern metropolitan region of Melbourne, is the development and adoption of a formative 3-year strategic plan for the regional group.


 

In addition to recommending to Council that it approve and adopt the draft ERG 2018-2020 Strategic Plan developed in line with guidelines proposed from workshop consultation involving member councils, the report further recommends the approval of proposed formal ERG governance arrangements and ongoing  Council financial commitment.

 

 

Attachments

1.

Attachment 1 - ERG Workshop Proceedings

2.

Attachment 2 - ERG Proposition Document

3.

Attachment 3 - ERG Draft Strategic Plan 2018-20

4.

Attachment 4 - Draft ERG_agreement

CONFIDENTIALITY

Not Applicable

 

RECOMMENDATION

 

That Council

1.       endorses the draft Strategic Plan 2018-2020 and proposed governance arrangements for the eastern regional group of councils (erg)

2.       authorises the chief executive officer to execute the formal regional agreement in the form of attachment 4 to this Council Report

 


ATTACHMENT No: 1 - Attachment 1 - ERG Workshop Proceedings

 

Item  1

 

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ATTACHMENT No: 2 - Attachment 2 - ERG Proposition Document

 

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ATTACHMENT No: 3 - Attachment 3 - ERG Draft Strategic Plan 2018-20

 

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ATTACHMENT No: 4 - Attachment 4 - Draft ERG_agreement

 

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DIRECTOR Corporate Services Marianne Di Giallonardo

 

Attendance Report

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 2017-2021 (Year 1: 2017-2018) 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 2017 – 2018:

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 2017-2021 (Year 1: 2017-2018) 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 2017 – 2018:

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 18 September 2017 and 2 October 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.

18 September 2017 - Assembly of Councillors Public Record

2.

02 October 2017 - 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 18 September 2017 and 2 October 2017

 


ATTACHMENT No: 1 - 18 September 2017 - Assembly of Councillors Public Record

 

Item  2

 

2014 Maroondah Logo RGB.jpg

 

ASSEMBLY OF COUNCILLORS – PUBLIC RECORD

 

Assembly Details:

 

 

 

 

 

Date: Monday 18 September 2017

Time: 6:00pm

Location: Meeting Room 4, Braeside Avenue, Ringwood

 

 

 

Attendees:

 

 

Councillors

 

 

Cr Tony Dib, JP (Mayor)

Cr Michael Macdonald

Cr Kylie Spears

Cr Nora Lamont (Deputy Mayor)

Cr Paul Macdonald

Cr Rob Steane

Cr Marijke Graham

 

Cr Mike Symon

 

 

 

Council Officers:

 

 

Steve Kozlowski

Chief Executive Officer

 

Marianne Di Giallonardo

Director Corporate Services

 

Phil Turner

Director Planning & Community

 

Adam Todorov

Acting Director Operations, Infrastructure & Leisure

Andrew Taylor

Manager Engineering & Building Services

Item 2

Steve O’Brien

Team Leader Engineering Services

Item 2

Tim Cocks

Manager Leisure

Item 3

Stephen Onans

Team Leader Governance

 

Kailah Thompson

Administration Officer - Governance

Others:

 

 

Joseph Cullen, CEO Eastern Regional Libraries                                                                 Item 1

 

 

Apologies:

 

 

Councillors:

Cr Samantha Marks (Leave of Absence)

Council Officers:

Nil

 

 

 

Conflict of Interest Disclosure:

 

Councillors:

Nil

 

Council Officers:

Nil

 

 

Items Discussed:                 ##  Confidential

 

1

Eastern Regional Libaries Presentation

2

North East Link

3

The Croydon Cricket Club Summer Allocation

4

Council Meeting Agenda

 

Record completed by:

Council Officer

Stephen Onans

Title

Team Leader Governance

 


ATTACHMENT No: 2 - 02 October 2017 - Assembly of Councillors Public Record

 

Item  2

 

 2014 Maroondah Logo RGB.jpg

 

ASSEMBLY OF COUNCILLORS – PUBLIC RECORD

 

Assembly Details:

 

 

 

 

 

Date: Monday 2 October 2017

Time: 6:00pm

Location: Meeting Room 4, Braeside Avenue, Ringwood

 

 

 

Attendees:

 

 

Councillors

 

 

Cr Tony Dib, JP

Cr Michael Macdonald

Cr Kylie Spears

Cr Marijke Graham

 

Cr Rob Steane

Cr Nora Lamont

 

Cr Mike Symon

 

 

 

Council Officers:

 

 

Steve Kozlowski

Chief Executive Officer

 

Andrew Fuaux

Acting Director Planning & Community

 

Adam Todorov

Acting Director Operations, Infrastructure & Leisure

 

Heather Cummings

Youth Planning & Policy Officer

Item 1

Dale Muir

Manager Revenue, Property & Customer Service

Items 2 & 3

Gillian Pratt

Team Leader, Revenue & Property

Items 2 & 3

Helen Young

Property Advisor

Item 2

Kirsten Jenkins

Team Leader Community Health

Item 4

Grant Meyer

Manager Integrated Planning

Item 5

Peter Tully

Governance Advisor

Item 7

Stephen Onans

Team Leader Governance

 

Kailah Thompson

Governance Administrative Officer

 

 

 

Others:

Nil

 

 

 

Apologies:

 

 

Councillors:

Cr Samantha Marks (Leave of Absence),

Cr Paul Macdonald

Council Officers:

Phil Turner, Marianne Di Giallonardo

 

 

 

Conflict of Interest Disclosure:

 

Councillors:

Nil

 

Council Officers:

Nil

 


 

 

Items Discussed:                 ##  Confidential

 

 

 

1

Youth Strategy Action Plan

2##

Property Matters

3

Differential Rating Strategy

4

Maroondah Hoarding and Squalor Network Website

5

Planning Scheme Amendment C110, 29 Bedford Road

6

Maroondah Business Advisory Committee - Potential Candidates

7

Local Law No. 12 Meetings, Procedure & Use of Common Seal

8

Community Assistance Fund

 

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.

·        Maroondah Disability Advisory Committee (MDAC) held on 21 September 2017

The following directions contained in Maroondah 2040: Our Future Together and the Council Plan 2017-2021 (Year 1: 2017-2018) 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 2017 – 2018:

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.

 

Cr Nora Lamont and Cr Kylie Spears are Council’s representatives on the Maroondah Disability Advisory 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 Disability Advisory Committee Minutes - 21 September 2017

CONFIDENTIALITY

Not Applicable

 

RECOMMENDATION

 

That COUNCIL RECEIVES AND NOTES MINUTES OF THE Maroondah Disability Advisory Committee HELD ON 21 september 2017

 


ATTACHMENT No: 1 - Maroondah Disability Advisory Committee Minutes - 21 September 2017

 

Item  3

 

PDF Creator


 

PDF Creator


 

PDF Creator


DIRECTOR Corporate Services Marianne Di Giallonardo

 

Sale of land at rear of 26 Bridget Court Warranwood to the owners of 26 Bridget Court Warranwood

Item 4

 

Purpose

To authorize commencement of the legislative procedures pursuant to the Local Government Act 1989 (Act) to consider the sale of the land at the rear of 26 Bridget Court Warranwood – Lot 5 PS 610395W (Land) to the owners of 26 Bridget Court Warranwood.

Strategic / policy issues

The following directions contained in Maroondah 2040: Our Future Together and the Council Plan 2017-2021 (Year 1: 2017-2018) 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 2017 – 2018:

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

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

Background

Council at its meeting on 18 June 2007 resolved to give public notice of its intention to sell the land between 177 & 179 Wonga Road Warranwood and at the rear of 14 Bridget to 28 Bridget Court Warranwood – Lots 1 & 2 PS 610395W and Lots 4 to 11 PS 6103395W (inclusive). Public notice was published on 25 August 2009.

 

Property owners were given 3 options;

·        Enter into a Permissive Occupancy Agreement (Agreement) with Council

·        Purchase the land at the rear of their property at market value and the owners to pay all legal and disbursement costs

·        Move the boundary fence, with Council sharing the cost of the fence relocation, being part of Council’s half cost fencing policy.

Property owners at 177 Wonga Road, No.16, No.18, No.20, No.22, and No.28 Bridget Court, agreed to purchase the land.

 

Property owners at No.14, No.24, and No.26 Bridget Court, agreed to sign the Agreement with the understanding that when the property sold, the Agreement would be revoked.

This condition was placed on Council’s Property database and any Land Information Certificates applied for (requirement for a Section 32 upon sale of property) would stipulate the encroachment and the cancellation of the Permissive Agreement.

 

In July 2016, the property at 26 Bridget Court sold and the new owners were advised that the Agreement was no longer applicable. They were given the option to reinstate their rear fence to the correct title boundary or to purchase the land at current market value.  In regards to the sewer pipes – access will continue through a creation of easement in favour of Yarra Valley Water.

Issue / discussion

The owners of 26 Bridget Court agreed to purchase the land at current market value ($19,500) and to pay all legal and disbursement costs of around $10,000 plus GST for the 99 sqm of land.

Financial / economic issues

The legal and disbursement costs associated with the sale of land would be funded by the purchasers in line with Council policy.

Environmental / amenity issues

Not Applicable

Social / community issues

Not Applicable

Community consultation

Before proceeding with the sale of 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 the 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 meeting.

 

After hearing any submissions made, Council must determine whether or not the Land is not reasonably required for public use.

Conclusion

It is proposed that Council should commence the statutory procedures pursuant to Section 189 and Section 223 of the Act, to selling the Land to the owners of 26 Bridget Court Warranwood given the parcel of land is surplus to Council’s strategic directions for Quamby Reserve..

 

Attachments

1.

Council Report 26 Bridget Court - PS 610395

2.

Council Report 26 Bridget Court - Map

CONFIDENTIALITY

Not Applicable

 

RECOMMENDATION

 

That Council acting under section 189 of the local government act 1989 (‘THe act’) resolves that:

1.       the statutory procedures be commenced to the sale of the land at the rear of 26 bridget court warranwood, as depicted in the 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 owners of 26 bridget court warranWood for market value;

3.       in accordance with section 223 of the acT:

i.        a committee comprising councillors GRAHAM, M MACDONALD AND 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 determne whether to sell the land as proposed; and

iii.      the director corporate services be authorized 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, and agrees to sell the land comprising lot 5 on plan of subdivision 610395W to the owners of 26 bridget court warranwood for market value;

 

ii.       Yarra Valley water be granted an easement over its asset as a condition of sale of lot 5 on plan of subdivision 610395W

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 owners of 26 bridget court warranwood

 

 


ATTACHMENT No: 1 - Council Report 26 Bridget Court - PS 610395

 

Item  4

 


 


 


 


 


ATTACHMENT No: 2 - Council Report 26 Bridget Court - Map

 

Item  4

 

PDF Creator


DIRECTOR Corporate Services Marianne Di Giallonardo

 

Sale of discontinued right of way (DROW) at 40A Cuthbert Street Heathmont to the owners in Hardy Crescent, Waterloo Street and Cuthbert Street Heathmont

Item 5

 

Purpose

To authorize commencement of the legislative procedures pursuant to the Local Government Act 1989 (Act) to consider the sale of the discontinued right of way known as 40A Cuthbert Street Heathmont to the property owners in Hardy Crescent, Waterloo Street, and Cuthbert Street Heathmont.

Strategic / policy issues

The following directions contained in Maroondah 2040: Our Future Together and the Council Plan 2017-2021 (Year 1: 2017-2018) 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 2017 – 2018:

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

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

Background

Council at its meeting on 17 August 2009, resolved to discontinue the right of way (ROW) at 40A Cuthbert Street Heathmont and to give public notice pursuant to Section 189 of the Act and Council’s policy on Consultation Procedures for Statutory notification, of its proposal to sell the land. (See attached map of area)

 

Since the discontinuance, Council has had to address many issues of encroachments and subsequently had received requests from owners to purchase sections of the discontinued right of way (DROW). Several attempts have been made to correspond with the owners regarding the apportionment of the laneway, however with a stalemate outcome in the majority of cases.

 

Public Consultations

Two public consultations have been undertaken as follows:

·        A public consultation was conducted on 29 January 2014 for the sale of land at the rear of 2 & 4 Hardy Crescent to the owners of 4 Hardy Crescent. This sale is currently being finalized.

·        The other public consultation process was conducted on 24 May 2016 for the sale of land at the rear 16 Hardy Crescent to the owner of 16 Hardy Crescent, with one submission received. This submission was presented at Council’s meeting on 20 February 2017 with a recommendation to proceed with the sale to 16 Hardy Crescent. This sale is currently being finalized.

 

Regarding the 40A Cuthbert Street DROW and the sewer pipes – access will continue through the creation of a 3.05 easement in favour of Council and Yarra Valley Water.

 

Issue / discussion

As a follow up to Council’s report on 20 February 2017, a further attempt has been made to sell the remainder of the DROW with letters sent to the property owners abutting the DROW, seeking their interest in purchasing the land at the rear of their property.

 

Expressions of interest were received from the following property owners;

No. 8 Hardy, 10 Hardy, 12 Hardy, 14 Hardy and 18 Hardy Crescent, 5/32 Waterloo Street, and 42 Cuthbert Street, identified on the attached map.

 

Property owners of No. 8, 10, 12, 14 Hardy Crescent and 5/32 Waterloo Street already occupy the DROW land at the rear of their properties and the DROW is an open thoroughfare from Cuthbert Street to the rear 16 Hardy Crescent.

 

There is an overlap interest of 19m2 land between 8 Hardy Crescent and 5/32 Waterloo Street. The owner of 5/32 Waterloo Street has verbally agreed to relinquish this portion of land to the owner at 8 Hardy Crescent.

 

Whilst the owners at 42 Cuthbert Street are willing to purchase the parcel adjoining their property, this would leave the area at the rear of 20 Hardy Crescent and 22 Hardy Crescent land locked. As Council require maintenance access, this section of the DROW will remain open until such time requests to purchase are received from the owners at 20 Hardy & 22 Hardy Crescent.

 

Westlink Consulting have provided a valuation for the land at $200 per sqm plus GST.

Each parcel of land at the rear of the following properties is approximately 56 sqm;

 

Rear 8 Hardy Cres - $11,200 plus GST

Rear 10 Hardy Cres - $11,200 plus GST

Rear 12 Hardy Cres - $11,200 plus GST

Rear 14 Hardy Cres - $11,200 plus GST

Rear 18 Hardy Cres - $11,200 plus GST

Rear 5/32 Waterloo St - $11,200 plus GST


 

Financial / economic issues

The costs associated with the subdivision and sale of land would be funded by the purchasers which are anticipated in the order of $12,000 plus GST per parcel.

Environmental / amenity issues

Not Applicable

Social / community issues

Not Applicable

Community consultation

Before proceeding with the sale of the remaining sections of the DROW, 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 the 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 meeting.

 

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

Conclusion

Given that Council has been working toward this outcome for many years, it is proposed that Council should commence the statutory procedures pursuant to section 223 of the Act, to consider selling the Land at 40A Cuthbert Street Heathmont to the interested abutting property owners, as outlined above in this report, subject to the satisfactory completion of those procedures.

 

 

Attachments

1.

Council Report - 40A Cuthbert Street Heathmont - PS 801426Y

2.

Council Report - 40A Cuthbert Street Heathmont - Map of interested owners

CONFIDENTIALITY

Not Applicable

 

 

 



RECOMMENDATION

 

 

That council acting under section 189 of the local government act 1989 (‘The act’) resolves that:

1.       The statutory procedures be commenced to the sale of the discontinued right of way at 40a cuthbert street heathmont, 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 owners of hardy crescent, waterloo street, and cuthbert street for market value

3.       in accordance with section 223 of the act:

i.        a committee comprising councillors Dib, p macdonald, k spears, be appointed to hear any persons 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 or not to sell the land as proposed; and

iii.      the director corporate services be authorized 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, land comprising of lot 1 and lot 3 on plan of subdivision 801426y be sold to the owners of hardy crescent, waterloo street and cuthbert street for market value

ii.       council and yarra valley water be granted an easement over its assets and future assets as a condition of sale of lot 1 and lot 3 on plan of subdivision 801426y

5.       the chief executive officer, or any other person with the necessary delegation, sign any transfer of the land and other documents required to be signed in connection with the sale of land to the owners of hardy crescent, waterloo street and cuthbert street heathmont

 


ATTACHMENT No: 1 - Council Report - 40A Cuthbert Street Heathmont - PS 801426Y

 

Item  5

 


 


ATTACHMENT No: 2 - Council Report - 40A Cuthbert Street Heathmont - Map of interested owners

 

Item  5

 

PDF Creator


DIRECTOR Corporate Services Marianne Di Giallonardo

 

Sale of discontinued right of way (DROW) at the rear of 2-42 Grey Street Ringwood East to the owners of Grey Street and Eastfield Road Ringwood East

Item 6

 

Purpose

To authorize commencement of the legislative procedures to the Local Government Act 1989 (Act) to consider the sale of the discontinued right of way (DROW) at the rear 2-42 Grey Street Ringwood East – Lot 1 & 3 PS 739652J (Land) to the owners of Grey Street and Eastfield Road Ringwood East.

Strategic / policy issues

The following directions contained in Maroondah 2040: Our Future Together and the Council Plan 2017-2021 (Year 1: 2017-2018) 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 2017 – 2018:

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

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

Background

The right of way between 2-42 Grey Street Ringwood East and 1-43 Eastfield Road Ringwood East was discontinued January 2011.

 

Property owners in either Grey Street or Eastfield Road have enclosed the right of way within their property boundary. The section at the rear of 104 to 114 Mt Dandenong Road Ringwood East, remains open as an access road.

 

In August 2014, a request was received from the owner of 40 Grey Street wishing to purchase the DROW at the rear of his property. Transfer of this section of land was completed in October 2016.

 

The subdivision required for 40 Grey Street sparked interest from other property owners in Grey Street and Eastfield Road, including Eastern Health who own/lease a significant number of properties in Grey Street.

 

In November 2016, letters were sent to all abutting property owners in Grey Street and Eastfield road, seeking their expression of interest in purchasing the land at the rear of their property.

 

The attached map displays interested property owners and ownership of these properties is as follows;

·        2, 2/4, 8, 12, 14, 16, 22-24 Grey Street Ringwood East – Eastern Health

·        6, 10, 18, 20, Grey Street Ringwood East – Privately owned but leased by Eastern Health with a Compulsory Acquisition in place for future hospital development.

·        26, 30, 36, 2/38 Grey Street Ringwood East – Privately owned.

·        9, 19, 25, 2/27, 2/29, 33, 35, 2/41-43 Eastfield Road Ringwood East – Privately owned.

 

Westlink Consulting have provided individual valuations for all properties based on $350 per sqm plus GST. The majority of parcels are measured at 56 sqm, with the exception of 2 Grey Street measured at 83 sqm and 2/41-43 Eastfield Road measured at 59 sqm.

 

Where dual interest was expressed for the same parcel of land, further letters were sent to those owners requesting them to provide a once only bid, over the market value of $19,600 plus GST for the 56 sqm of land.

 

The bids received from the dual interested parties are as follows;

·        8 Grey Street - $30,000         v        9 Eastfield Road - $71,301

·        18 Grey Street - $30,000       v        19 Eastfield Road - $27,500

·        24 Grey Street - $30,000       v        25 Eastfield Road - $31,050

·        26 Grey Street - $69,100       v        2/27 Eastfield Road - $25,000

 

Council has no role to play with the relocation of the fences.    

 

The DROW contains a stormwater drain and sewer pipes – access will continue through the creation of an easement in favour of Council and Yarra Valley Water.

Issue / discussion

The current status is as follows;

·        Eastern Health will be purchasing DROW land adjacent to properties at 2, 2/4, 6, 10, 12, 14, 16, 18, 20, and 22 Grey Street – estimated combined total of $215,800, based on 8 x $19,600, 1x $30,000, 1x $29,000.

·        Whilst the properties at 6, 10, 18, & 20 Grey Street are privately owned, Eastern Health can acquire the land at any time due to the Compulsory Acquisition in place and therefore will be purchasing the land on behalf of the registered owners. The DROW land will be transferred to the registered owners.

·        Owner of 9 Eastfield Road will be purchasing property for $71,301.

·        Owner of 25 Eastfield Road will be purchasing property for $31,050.

·        Owner of 26 Grey Street will be purchasing property for $69,100.

·        Owners of 2/29, 33, 35 Eastfield Road and 36, 2/38 Grey Street will be purchasing property at $19,600 each.

·        Owner of 2/41-43 Eastfield Road will be purchasing property at $20,650.

Both properties at 30 and 32 Grey Street have recently been sold as a dual block for medical purposes. Whilst 30 Grey Street had originally expressed interest, the owner at 32 Grey Street had not. Council will approach the new owners to seek their interest in purchasing the rear of 30 Grey Street only, as the owner at 33 Eastfield Road (rear of 32 Grey Street) had expressed an interest and this will be honoured.

The subdivision of the DROW will be arranged on a lot by lot basis, as those properties in private ownership will still be required to be transferred to the registered property owners, not to Eastern Health.

 

All legal and disbursement costs to be paid by the purchasers estimated at $10,000 to $12,000 per each parcel of land. 

Financial / economic issues

The legal and disbursement costs associated with the sale of the DROW land, would be funded by the purchasers in line with Council policy.

Environmental / amenity issues

Not applicable

Social / community issues

Not applicable

Community consultation

Before proceeding with the sale of 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 the 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 meeting.

 

After hearing any submissions made, Council must determine whether to proceed with the sale.

Conclusion

Given the current development of the Maroondah Hospital precinct and interest expressed from property owners, Council should commence the statutory procedures pursuant to Section 223 of the Act, to consider selling the Land at the rear 2-42 Grey Street Ringwood East to the interested abutting property owners, as outlined above in this report, subject to satisfactory completion of those procedures.

 

 

Attachments

1.

Plan of Subdivision - PS 739652J - Grey St/Eastfield Rd

2.

DROW Grey St/Eastfield Rd - Detailed map for Council Report

CONFIDENTIALITY

Not Applicable

 

RECOMMENDATION

 

That Council acting under section 189 of the local government act 1989 (‘the act’) resolves that:

1.       the statutory procedures be commenced to the sale of the discontinued right of way between 2-42 grey street ringwood east, 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 owners of Grey street and eastfield road ringwood east for market value

3.       in accordance with section 223 of the act:

i.        a committee comprising councillors lamont, and symon be appointed to hear any persons 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 or not to sell the land as proposed; and

iii.      the director corporate services be authorized 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, land comprising of lot 1 and lot 3 on plan of subdivision 739652J be sold to the owners of grey street and eastfield road ringwood east for market value;

ii.       council and yarra valley water be granted an easement over their assets and future assets as a condition of sale of lot 1 and lot 3 on plan of subdivision 739652j

5.       the chief executive officer, or any other person with the necessary delegation, sign any transfer of land and other documents required to be signed in connection with the sale of land to the owners of grey street and eastfield road ringwood east

 

 


ATTACHMENT No: 1 - Plan of Subdivision - PS 739652J - Grey St/Eastfield Rd

 

Item  6

 

PDF Creator


ATTACHMENT No: 1 - Plan of Subdivision - PS 739652J - Grey St/Eastfield Rd

 

Item  6

 

PDF Creator


 

PDF Creator


ATTACHMENT No: 2 - DROW Grey St/Eastfield Rd - Detailed map for Council Report

 

Item  6

 

PDF Creator


DIRECTOR Corporate Services Marianne Di Giallonardo

 

Rating Strategy Review 2018-2022

Item 7

 

Purpose

To authorise the preparation of a Rating Strategy for the period 2018-2022 for the purpose of public consultation and then adoption in conjunction with the Annual Budget 2018/2019.

Strategic / policy issues

The following directions contained in Maroondah 2040: Our Future Together and the Council Plan 2017-2021 (Year 1: 2017-2018) 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 2017 – 2018:

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

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

Background

Under the Local Government Act 1989 (LGA), a primary objective of all Victorian Councils is to ensure the equitable imposition of rates and charges. The purpose of a rating strategy is to consider what rating options are available to Council under the LGA and how a Councils decision in applying these options will contribute to the adherence of an equitable outcome for the whole community.

 

The rating strategy is a complimentary document to Council’s Long Term Financial Strategy and Annual Budget documents which focus on the quantum of rates and charges to be raised for Council to deliver the services and capital expenditure required. The emphasis for the Rating Strategy will be on how that quantum will be equitably distributed amongst Maroondah’s ratepayers.

 

In the past, Council has regularly updated the Rating Strategy as part of its Annual Budgetary process to meet changing needs and legislative requirements.

 

The State Government decision to introduce rate capping on 1 July 2016, the same year as a revaluation of the municipality was returned and used for the first time, created significant confusion amongst Maroondah’s ratepayers given the government’s announcement of a 2.5% rate cap. The revaluation of the municipality meant that the vast majority of ratepayers had increases or decreases in their rates outside the publicly perceived 2.5% figure, depending on an individual property movement in valuation. The current years rate cap of 2% was in fact the amount that ratepayers saw on their rate notices as it was a non-revaluation year.

 

On 1 July 2018, another revaluation will be applied to all properties within the municipality and therefore the same confusion is likely to again arise as happened in the first year of rate capping. To further compound this issue, it is understood the State Government is introducing a bill in the upcoming Spring session of parliament to move to annual revaluations commencing on 1 July 2019. As part of the same bill, full responsibility for conducting revaluations will move to the Valuer General of Victoria.

 

This move to an annual revaluation would mean redistribution of the rate burden occurring every year. This will lead to an unpredictability in a ratepayer’s individual rate bill from year to year.

 

Council in recognising the changing landscape in the recent past and the not too distant future is positioning itself to address the changing environment to ensure that its rating regime maintains the primary objective of the equitable distribution of rates and charges across property classes. In Maroondah, these property classes are residential, commercial, industrial, vacant land and cultural and recreation.

Issue / discussion

The Rating Strategy will consider the existing range of rating options available to Council under the LGA including:

 

1.       The choice of which of the three valuation bases to be utilised for the purposes of rating

2.       The consideration of uniform rating versus the application of differential rates for different categories of property

3.       What is the most equitable level of differential rating across the property categories

4.       Consideration of the application of fixed service charges for the areas of waste collection and municipal administration

5.       The application of special rates and charges

 

Maroondah City Council currently receives 65% of its total revenue by way of rates and waste collection charges. The Rating Strategy is therefore of critical importance to both Council and the community.

 

The principles of good governance require Council to provide continuing and periodic monitoring and review of the impact of major decisions. It is therefore essential for Council to assess on a regular basis, the legislative objectives to which it must have regard and those other objectives which Council believes are related.

Financial / economic issues

The resources required to undertake the Review of the Rating Strategy are contained within the current budget.

Environmental / amenity issues

Not Applicable

 

 

Social / community issues

These are contained within the Council Plan and articulate Council’s current directions.

Community consultation

Council has determined before adopting the Rating Strategy, it will provide public notice of the proposed document in accordance with Section 223 of the LGA at minimum. The LGA provides that a person may, within 28 days of the date of the public notice, lodge a written submission regarding the proposed Rating Strategy.

 

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 meeting.

 

After hearing any submissions made, Council must determine whether to proceed with the proposed document or make amendments as deemed appropriate.

Conclusion

Given that Council typically reviews all policies on a regular basis, a fuller review of its Rating Strategy as contained within the Long Term Financial Strategy and operationalised through the annual budget process is warranted, particularly given the tight fiscal rate capped environment.

 

 

Attachments

Not Applicable

CONFIDENTIALITY

Not Applicable

 

RECOMMENDATION

 

That COUNCIL prepare a DRAFT RATING STRATEGY 2018-2022 for consideration at the november 2017 council meeting

 


DIRECTOR Corporate Services Marianne Di Giallonardo

 

Councillors Quarterly Expense and Reimbursement Report - July to September 2017

Item 8

 

Purpose

To provide a report to the community on Councillor expenses.

Strategic / policy issues

The following directions contained in Maroondah 2040: Our Future Together and the Council Plan 2017-2021 (Year 1: 2017-2018) 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 2017 – 2018:

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

Background

The Councillor Expenses, Support and Reimbursement Policy was adopted by Council on 27 March 2017.

In accordance with Section 75 of the Local Government Act 1989, Council is required to reimburse a Councillor for expenses incurred whilst performing his or her duties as a Councillor. Council is also required to adopt and maintain a Policy in relation to the reimbursement of expenses for Councillors. The Policy provides guidance for the payment of reimbursements of expenses and the provision of resources, facilities and other support to the Mayor and Councillors to enable them to discharge their duties.

 

Council also publishes in its Annual Report the details of the expenses, including reimbursement of expenses for each Councillor and member of a Council Committee paid by the Council. The details of the expenses for the 2016/17 financial year are set out in the 2016/17 Annual Report.

Issue / discussion

This is a standard Governance reporting item.

Financial / economic issues

A budget of $102,000 in the 2017/2018 financial year exists for the expenses and reimbursement of Councillors.

 

Councillor

TR

($)

CM

($)

CC

($)

IC

($)

CT

($)

CCA

($)

Total

($)

Tony Dib JP

Mayor

194.00

Nil

Nil

125.45

Nil

 114.00

   433.45

Paul Macdonald

  52.00

Nil

Nil

149.50

Nil

  359.00

   560.50

Kylie Spears

 186.00

Nil

Nil

  86.10

Nil

  183.00

   455.10

Nora Lamont

Deputy Mayor

 154.95

Nil

Nil

  95.30

35.70

    59.00

   344.95

Samantha Marks

Nil

Nil

Nil

  71.55

Nil

Nil

     71.55

Mike Symon

  49.20

195.80

Nil

108.10

  809.10

Nil

1,162.20

Marijke Graham

112.10

Nil

Nil

  73.50

Nil

  313.00

   498.60

Michael Macdonald

Nil

Nil

Nil

  93.20

Nil

    30.00

   123.20

Rob Steane

  523.00

Nil

Nil

  92.40

Nil

  812.00

1,427.40

 

Legend: TR-Travel, CM-Car Mileage, CC-Child Care, IC-Information and Communication expenses, CT- Conferences and Training expenses, CCA-Civic and Community Attendance

 

Note: No expenses were paid by Council including reimbursements to members of Council Committees during the year

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 EXPENSE AND REIMBURSEMENT REPORT FOR JULY TO SEPTEMBER 2017

  


ACTING DIRECTOR Operations, Infrastructure & Leisure Adam Todorov

 

Maroondah Carols 2017

Item 1

 

PURPOSE

In order to facilitate the operations of the 2017 Maroondah Carols on Saturday 2 December, this report seeks formal Council endorsement to:

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

·        Prohibit dogs within the Town Park precinct on the above date.

Strategic / policy issues

The following directions contained in Maroondah 2040: Our Future Together and the Council Plan 2017-2021 (Year 1: 2017-2018) 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 2017 – 2018:

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

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 fireworks displays, causing them to be distressed, 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 2017 Maroondah Carols. 

Issue / discussion

Smoke Free

 

It is proposed to promote the Maroondah Carols site as a smoke free event from 4.00pm to 10.00pm inclusive, on Saturday 2 December 2017.

 

Dog Free

 

It is proposed to ban dogs, with the exception of guide dogs, at the Maroondah Carols site from 4.00pm to 10.00pm inclusive, on Saturday 2 December 2017.

 

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; and

·        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 2017 Maroondah Carols will contain information indicating that it is a dog free event;

·        In the event that visitors bring their dogs to the 2017 event they will be handed a letter outlining the reasons behind the ban and asked to remove their dog from the site; and

·        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 2 December 2017 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 2017 Maroondah Carols.

 

 

Attachments

Not Applicable

CONFIDENTIALITY

Not Applicable

 

RECOMMENDATION

That COuncil

1.       APPROVES THE PROHIBITION of SMOKING DURING THE MAROONDAH CAROLS ON SATURDAY 2 DECEMBER 2017 BETWEEN 4.00PM AND 10.00 PM

2.       APPROVES THE PROHIBITION OF DOGS DURING THE MAROONDAH CAROLS ON SATURDAY 2 DECEMBER 2017 BETWEEN 4.00PM AND 10.00PM EXCEPT IN THE FOLLOWING AREAS:

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

ii.       CIVIC SQUARE

3.       PROMOTES INFORMATION REGARDING a SMOKE FREE EVENT AND the prohibition of DOGs ON ALL MAROONDAH CAROLS MARKETING MATERIAL PRIOR TO THE EVENT

  


ACTIng DIRECTOR Planning & Community andrew fuaux

 

Formal Consideration of Annual Report 2016/17

Item 1

 

Purpose

To formally consider the Annual Report 2016/17 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 2017-2021 (Year 1: 2017-2018) 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 2017 – 2018:

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 2016/17 Annual Report was submitted to the Minister on 20 September 2017. 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 21 September 2017 and the Maroondah Leader on 26 September 2017.

Issue / discussion

Council endorsed the Annual Report for submission to the Minister at its meeting held on 18 September 2017 and a copy of the report was subsequently forwarded to the Minister for Local Government on 20 September 2017.

 

The necessary statutory advertising has been undertaken and copies of the report have been made available from the Council Service Centres, Croydon and Realm 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 2016/17

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

·        Opening of the new $2.7 million Coopersmith Pavilion at East Ringwood Reserve, incorporating a home for Chin Community Victoria

·        Completing the construction of a new $1.7 million athletics pavilion and a $1 million refurbishment of the A.C Robertson Athletics Track at Proclamation Park

·        Opening of a new fully fenced dog park at Eastfield Park

·        Undertaking community engagement and design concept work to plan for a new Croydon Town Square

·        Advocating for the removal of the Coolstore Road, Croydon level crossing

·        Receiving a further $3 million in Victorian Government funding for the HE Parker multi-sports complex

·        Developing a Croydon Civic Precinct masterplan

·        Working in partnership to update the structure plan for the Ringwood Metropolitan Activity Centre

·        Adopting a new Youth Strategy

·        Developing and launching a Community Engagement Toolkit

·        Completing a new Customer Service Strategy

Financial / economic issues

Not Applicable

Environmental / amenity issues

Not Applicable

Social / community issues

Not Applicable

 

Community consultation

Pursuant to section 131 of the Act:

·        Following the submission of the Annual Report to the Minister, Council must give public notice that the Annual Report has been prepared and can be inspected at the Council Offices.

·        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. 

In accordance with the provisions of the Act, such public notice was published in The Age newspaper on 21 September 2017 and in the Maroondah Leader newspaper on 26 September 2017.

 

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

 

No submissions were received. 

Conclusion

The Annual Report 2016/17 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

1.

Maroondah City Council Annual Report 2016/17

CONFIDENTIALITY

Not Applicable

 

RECOMMENDATION

 

That COUNCIL

1.       FORMALLY ENDORSES THE MAROONDAH CITY COUNCIL ANNUAL REPORT 2016/17

2.       NOTES THAT THE RELEVANT STATUTORY REQUIREMENTS HAVE BEEN MET

 


ATTACHMENT No: 1 - Maroondah City Council Annual Report 2016/17

 

Item  1

 

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ACTIng DIRECTOR Planning & Community andrew fuaux

 

Amendment C110 - 29 Bedford Road, Ringwood Heritage Overlay: Panel Report and Adoption of Amendment

Item 2

 

Purpose

The purpose of this report is to advise Council as to the outcome of the Panel hearing regarding the proposed heritage overlay at 29 Bedford Road, Ringwood and to recommend that Council adopts Amendment C110 as per the Panel’s recommendation and submits the Amendment to the Minister for Planning for consideration and approval.

Strategic / policy issues

The following directions contained in Maroondah 2040: Our Future Together and the Council Plan 2017-2021 (Year 1: 2017-2018) provide the strategic framework that underpins the purpose of this report.

Outcome Area:  An attractive, thriving and well-built community.

Our Vision:  In 2040, Maroondah is an attractive community with high quality urban form and infrastructure that meets the needs and aspirations of all ages and abilities. A diverse range of housing options are available and thriving activity centres provide a broad range of facilities and services to meet community needs. The character of local neighbourhoods continues to be maintained while also accommodating population growth.

Key Directions 2017 – 2018:

6.1     Encourage high quality urban design that provides for a healthy, attractive and desirable built form.

Background

In May 2016, an application for a development permit was lodged with Council for the construction of a three (3) storey apartment style building comprising seven (7) dwellings plus basement level car park with fifteen (15) car spaces at 29 Bedford Road, Ringwood. The proposal required the demolition of the existing dwelling.

 

Fifteen (15) objections were received during advertising of the development proposal on the grounds that the existing property had heritage value, amongst other concerns. Council subsequently refused to grant a permit for the development due to the heritage value of the existing dwelling, as well as design issues with the proposed development. The notice of decision to refuse to grant a permit was issued on 9 January 2017. The landowner appealed Council’s ruling to VCAT.

 

On 22 December 2016, while the development application was still under consideration, a request for report and consent for a building permit to demolish the existing dwelling was submitted to Council’s Building Department. On 9 January 2017 Council applied to the Minister for Planning to apply an Interim Heritage Overlay to the property to prevent the demolition of the existing dwelling and to give Council sufficient time to undertake Amendment C110 to apply a permanent heritage overlay. The interim overlay will remain in effect until 29 December 2017. 

 

The heritage value of the existing dwelling was established through a report by Context Heritage Consultants. The Context report also recommended that a Heritage Overlay be applied to the property. The report was prepared at Council’s request and reviewed the recommendation of a report by Coleman Architects submitted by the applicant. The Coleman Architects report found that the existing dwelling did not meet the threshold of heritage significance required for inclusion in a heritage overlay.

 

Amendment C110 was placed on exhibition commencing Thursday 20 April 2017 and concluding Friday 19 May 2017. One late submission was received from James Livingston Planning on behalf of the landowner on 30 May 2017. An additional follow up submission was received on 12 June 2017, following a request from Council to provide further information.

 

The objection was based on the submitter’s opinion that the dwelling does not meet the necessary threshold for inclusion under the heritage overlay and that there has been insufficient evidence and research carried out to establish heritage significance. The objection also attached the earlier heritage report prepared by Coleman Architects, that had been lodged as a part of the original development application. The Coleman Architects report acknowledges that the property has some heritage value, but found that it is below the level of significance required to apply the heritage overlay.

Issue / discussion

At its meeting on 26 June 2017, Council adopted the following resolution:

 

That Council

 

1.   Requests that the Minister for Planning appoint an independent panel to consider the submission received

2.   Informs the submitter that an independent panel is appointed

 

The Directions Hearing regarding the Amendment was held at the offices of Panels Victoria on 21 July 2017. The hearing was attended by Maddocks lawyers acting on behalf of Council as well as the Team Leader Strategic Planning and Sustainably and Council’s Strategic Planner. The hearing was also attended by the landowner. The Directions Hearing considered a range of procedural matters and determined that the Merits Hearing should take place at the Maroondah Council Chambers on 22 August 2017.

 

On 17 July 2017, the VCAT case concerning the proposed development was heard. The landowner submitted a revised proposal at that hearing consisting of:

·        A revised set of drawings that retained the existing building on the site and proposed three townhouse style units to the rear of the property;

·        Expert evidence from Lovell Chen, Architects and Heritage Consultants in support of the revised proposal.

The revised proposal was referred to Context Pty Ltd Heritage Consultants who were appointed by Council to provide expert advice regarding the site for both the VCAT case and the proposed planning scheme amendment.  Context supported the revised proposal subject to some minor amendments. The VCAT order granting a permit for the revised proposal was issued on 26 July 2017.

 

Having received a permit for the revised proposal from VCAT with Council’s support, the landowner withdrew their objection to the Amendment and elected not to attend the Merits Hearing regarding Amendment C110. The hearing therefore proceeded with Council as the only party.

 

On 14 September 2017 Panels Victoria issued the Panel recommendations regarding Amendment C110:

 

The Panel recommends that Amendment C110 to the Maroondah Planning Scheme be adopted as exhibited.

 

The next stage in the process is for Council to formally adopt the Amendment and submit it to the Minister for Planning for consideration and approval. The Minister must approve the Amendment before it can be gazetted and come into effect.

 

The Panel recommendations are attached as Attachment 1. The final version of the Amendment is attached as Attachment 2. The heritage citation on which the Amendment relies is attached as Attachment 3.

Financial / economic issues

The project has been undertaken within Council’s existing budget.

Environmental / amenity issues

The protection of a property with local heritage significance through the application of a heritage overlay is an important amenity issue for the municipality.

Social / community issues

A total of 15 objections to the development application which would have resulted in the demolition of the existing property indicates that the protection of the existing dwelling is an important issue to members of the community. However, no submissions either supporting or opposing Amendment C110 were received from the community during exhibition.

Community consultation

Amendment C110 was placed on public exhibition from 20 April 2017 to 19 May 2017. The following steps were taken to advertise the Amendment:

·        A letter was sent via e-mail on 3 April 2017 to the landowner notifying them of Council’s intention to prepare a planning scheme amendment to apply the heritage overlay on a permanent basis. The letter also informed the landowner that Council had requested that the Minister for Planning apply an interim heritage overlay while the permanent overlay was being pursued

·        A letter was sent by registered post to the landowner on 19 April 2017. The letter was collected from the post office on 24 April 2017

·        A letter was sent by registered post to the current occupier of the property on 19 April 2017. The letter was delivered on 20 April 2017

·        Public notice was placed in the Maroondah Leader on Tuesday 18 April 2017 advertising the Amendment

·        Notice of the Amendment was placed in the Victorian Government Gazette on 20 April 2017

·        Notice of the Amendment and the associated amendment documents were placed on public display at Council’s service centres at Braeside Avenue and Realm on 20 April 2017

·        The Amendment documentation was placed on the website of the Department of Environment, Land, Water and Planning on 20 April 2017

·        The Maroondah City Council website was updated to add the Amendment to the ‘Current Planning Scheme Amendments’ webpage on 20 April 2017

Public exhibition of the Amendment concluded on 19 May 2017. One late submission was received from the landowner objecting to the Amendment. No other submissions were received.

Conclusion

Council has prepared and exhibited Amendment C110 to the Maroondah Planning Scheme and has facilitated a public Panel hearing regarding the Amendment. Following the hearing, Panels Victoria issued its report on 14 September 2017 recommending that Council adopt the Amendment.

 

One submission was received from the landowner as a result of the exhibition of the Amendment, objecting to the application of the Heritage Overlay. The landowner subsequently withdrew the objection and did not attend the Merits hearing held by Panels Victoria.

 

It is recommended that Council now adopts the Amendment in accordance with the below recommendation and submits the Amendment to the Minister for Planning for consideration and approval.

 

 

Attachments

1.

Maroondah C110 Panel Report

2.

Maroondah C110 Planning Controls for Adoption

3.

Context Heritage Report and Citation

 

CONFIDENTIALITY

Not Applicable

 

RECOMMENDATION

 

That council adopts amendment c110 in the attached form and submits it to the minister for planning for consideration and approval in accordance with the panel’s recommendation

 


ATTACHMENT No: 1 - Maroondah C110 Panel Report

 

Item  2

 

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ATTACHMENT No: 2 - Maroondah C110 Planning Controls for Adoption

 

Item  2

 

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ATTACHMENT No: 2 - Maroondah C110 Planning Controls for Adoption

 

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ATTACHMENT No: 3 - Context Heritage Report and Citation

 

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ACTIng DIRECTOR Planning & Community andrew fuaux

 

Endorsement of Maroondah Health and Wellbeing Plan 2017-2021

Item 3

 

Purpose

To seek Council endorsement of the Maroondah Health and Wellbeing Plan 2017-2021 prior to submission to the Department of Health and Human Services and release to the community.

Strategic / policy issues

The following directions contained in Maroondah 2040: Our Future Together and the Council Plan 2017-2021 (Year 1: 2017-2018) provide the strategic framework that underpins the purpose of this report.

Outcome Areas: 

·        A safe, healthy and active community

·        A prosperous and learning community

·        A vibrant and culturally rich community

·        An inclusive and diverse community

·        A well governed and empowered community

·        An accessible and connected community

·        A clean, green and sustainable

·        An attractive, thriving and well built

Our Vision:  Maroondah will be a vibrant and diverse city with a healthy and active community, living in green & leafy neighbourhoods which are connected to thriving and accessible activity centres contributing to a prosperous economy within a safe, inclusive and sustainable environment.

Key Directions 2017 – 2018:

The Maroondah Health and Wellbeing Plan 2017-2021 (MHWP) is a key strategic planning document of Council that captures work being undertaken by Council, and its external partners, in working to enhance health and wellbeing outcomes at a population level within Maroondah.

As such the MHWP speaks to all Maroondah 2040 Community Vision Outcome Areas and the majority of key directions with the Maroondah City Council, Council Plan 2017-2021. Some of the key directions include the following:

1.1     Promote and facilitate safer cultures relating to issues of alcohol, drugs, tobacco, gambling, child abuse and family violence

 

1.2     Encourage and support the implementation of initiatives and programs aimed at improving the actual and perceived safety of the community

 

1.3     Facilitate the provision of affordable, accessible and responsive services, resources and initiatives that support the physical and mental health and wellbeing of the community

 

1.4     Actively promote health and wellbeing principles and initiatives within the community

 

1.5     Promote healthy eating and physical activity by supporting education initiatives and providing a diverse range of accessible open spaces, and recreation facilities and services

Priority Action 2017-2018:

Prepare and commence implementation of a new Maroondah Health and Wellbeing Plan 2017 – 2021.

Background

The Draft Maroondah Health and Wellbeing Plan 2017-2021 is a strategic plan that describes how Council and its partners will work towards achieving maximum health and wellbeing for the community over the next four years.  It describes Council’s vision, goal, outcome areas and objectives for health and wellbeing and who Council will be partnering with to enhance Maroondah’s liveability, sustainability, inclusiveness, safety, connectivity and prosperity.

The MHWP is a statutory plan that is prepared in consideration with the requirements set out in the Public Health and Wellbeing Act 2008. This Act requires Council to prepare a community health and wellbeing plan every four years, within 12 months of general council elections.

 

The Draft MHWP has been developed on a solid evidence base established via stakeholder consultation, statistical analysis of current health and wellbeing indicators and outcomes and with regard to the wider strategic environment that impacts upon both individual and community level health and wellbeing.

 

Maroondah enjoys a good level of subjective wellbeing, consistent with ratings across both the Eastern Metropolitan Region (EMR) and Victoria. Maroondah’s life expectancy for both females and males is higher than the Victorian average and Maroondah is below both the Victorian and Greater Melbourne rates in a number of avoidable mortality fields.

 

However, there are many areas in which Council and the wider service system can direct efforts in order to maximise beneficial health and wellbeing outcomes and work to address inequalities.

 

The Draft MHWP was placed on public exhibition between 29 August and 25 September 2017. Submissions received during this period are detailed within this report and have been incorporated into the MHWP 2017-2021 accordingly.


 

Issue / discussion

To ensure a coordinated approach to and alignment of goals and strategies for helping to achieve maximum health and wellbeing, Council and the wider service system plan and work collaboratively.

 

The MHWP identifies the following 5 shared outcome areas and eight focus areas;

 

2040 Outcome Area

MHWP Outcome Areas

Focus Areas

Safe Healthy & Active

Healthy & Well

 

Alcohol, Other Drugs & Tobacco

Mental, Physical & Sexual Health

Safe Healthy & Active

Safe & Secure

 

Social & Affordable Housing

Prevention of Violence Against Women (PVAW), Gender Equity & Elder Abuse

Gambling

Prosperous & Learning

Well Governed & Empowered

Capacity to Participate

 

Education, Lifelong Learning & Employment

Inclusive & Diverse

Vibrant & Culturally Rich

Connected to Culture & Community

Inclusivity, Diversity & Access

Accessible & Connected

Clean, Green & Sustainable

Attractive Thriving & Well Built

Liveable

 

Environment, Climate Change & Infrastructure

 

There are fifty-seven high level priority action items within the Draft MHWP that will be undertaken to address the focus and outcome areas. Implementation of the MHWP 2017-2021 will commence in October 2017 and span over a four-year period until October 2021.

 

Implementation is the collective responsibility of various service areas across Council and will be undertaken collaboratively with a diverse range of external partners. Evaluation of the MHWP will be undertaken annually, in accordance with the MHWP Evaluation Strategy.

 

Throughout the public exhibition period there were no submissions received that challenged or did not support the evidence base, direction or specific actions of the Draft MHWP 2017-2021.

Financial / economic issues

Not Applicable

Environmental / amenity issues

Not Applicable


 

Social / community issues

In working to a social model of health the Draft MHWP strives to enhance health and wellbeing by directing efforts towards addressing the social, economic and environmental determinants of health concurrently.

 

In doing so the overall impact of implementation of the Draft MHWP works to:

·        Address the broader determinants of health

·        Foster inter-sectoral collaboration

·        Reduce social inequities

·        Empower individuals and communities

·        Enable access to health care

·        Enhance liveability

Community consultation

A comprehensive and diverse Consultation Program was developed and undertaken to inform the direction of the Draft MHWP 2017-2021.

The Consultation Program provided opportunity for the voice of over 1,147 individuals to be heard. The inclusion of the Youth Strategy Consultation Program extends that total to 6,054 individuals.

Consultation opportunities were provided to external and internal stakeholders, with initiatives targeting; whole of community, vulnerable communities, Indigenous community, young people, older people, local and regional service system and clubs and organisations.

 

Following approval, at the Council Meeting on 28 August 2017, the Draft MHWP 2017-2021 was placed on public exhibition for a period of 4 weeks.

 

The table below details submissions received throughout the public exhibition process and Council Officer responses to the submissions.

 

SUBMISSION

RESPONSE

Typing error within MHWP 2017-2021 7.1. Key findings consultation program, mental and physical health field.

 

David Joyce - Ringwood

Mental and physical health field ‘Aggregated Rate of Response’ column amended from 3/8 to 4/8.

 

No further action or implications

SUBMISSION

RESPONSE

Error in summation of one field of statistical data within 7.2 Key findings municipal scan

 

 

 

David Joyce - Ringwood

Summation regarding Maroondah’s rate of ‘Hospital admissions for mental health related causes’ amended from highest to second highest, as documented within the Statistical Profile.

No further action or implications

Conclusion

The Draft Maroondah Health and Wellbeing Plan 2017 - 2021 is a key strategic planning document that will guide how Council and its partners will work to enhance health and wellbeing at both an individual and community level, within Maroondah over the next four years.

 

Submissions received throughout the public exhibition process have been considered and incorporated accordingly.

 

Preparation and submission of the Maroondah Health and Wellbeing Plan 2017-2021, to the Department of Health and Human Services, by October 2017 is a legislative requirement.

 

 

Attachments

1.

MAROONDAH HEALTH AND WELLBEING PLAN V6 POST PE BR 20171002

2.

Maroondah Community Health & Wellbeing Plan 2017-2021

3.

Maroondah City Council Health and Wellbeing Statistical Profile V3 post PE BR 20170926

CONFIDENTIALITY

Not Applicable

 

RECOMMENDATION

 

THAT COUNCIL, HAVING CONSIDERED ALL SUBMISSIONS PURSUANT TO THE PROVISIONS OF SECTION 223 OF THE LOCAL GOVERNMENT ACT 1989

 

1.         NOTE The submissions on the MAroondah Health and Wellbeing Plan 2017-2021

2.         AUTHORISE The Manager Integrated Planning to write to each submitter in accordance with section 223 of the Local Government Act 1989 advising of the purpoSE of this Recommendation

3.         ADOPTS THE MAroondah Health and Wellbeing Plan 2017-2021

4.         PUBLISHES A PUBLIC NOTICE IN LOCAL PAPERS ADVISING OF THE ADOPTION OF THE mAROONDAH hEALTH AND wELLBEING pLAN 2017-2021

5.         FORWARDs A COPY OF THE mAROONDAH hEALTH AND wELLBEING pLAN 2017-2021 TO THE dEPARTMENT OF hEALTH AND hUMAN sERVICES

6.         AUTHORISEs OFFICERS TO ARRANGE FOR THE SUITABLE PUBLICATION AND DISTRIBUTION OF THE maROONDAH heALTH AND wELLBEING pLAN 2017-2021 TO COMMUNITY GROUPS AND RELEVANT STAKEHOLDERS

 


ATTACHMENT No: 1 - MAROONDAH HEALTH AND WELLBEING PLAN V6 POST PE BR 20171002

 

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ATTACHMENT No: 2 - Maroondah Community Health & Wellbeing Plan 2017-2021

 

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ATTACHMENT No: 3 - Maroondah City Council Health and Wellbeing Statistical Profile V3 post PE BR 20170926

 

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ACTIng DIRECTOR Planning & Community andrew fuaux

 

Solar Savers Program: Declaration of Special Charge Scheme for Solar Savers Households

Item 4

 

Purpose

This report recommends that Council declare a Special Charge Scheme under Section 163 of the Local Government Act 1989 (Act) for the purposes of defraying expenses relating to the provision of solar energy systems on residential properties participating in the Solar Saver Scheme.

Strategic / policy issues

The following directions contained in Maroondah 2040: Our Future Together and the Council Plan 2017-2021 (Year 1: 2017-2018) provide the strategic framework that underpins the purpose of this report.

Outcome Areas:  A safe, healthy and active community; A clean, green and sustainable community; An attractive, thriving and well-built community.

Our Vision:  In 2040, Maroondah will be a vibrant and diverse city with a healthy and active community, living in green leafy neighbourhoods which are connected to thriving and accessible centres contributing to a prosperous economy within a safe, inclusive and sustainable environment.

Key Directions 2017 – 2018:

1.5     Facilitate the provision of affordable, accessible and responsive services, resources and initiatives that support the physical and mental health and wellbeing of the community

 

4.3     Build the capacity of households and businesses to behave more sustainably, reduce waste and minimise consumption of natural resources

 

4.12 Mitigate and adapt to the effects and impacts of climate change

 

4.14   Support, educate and build the capacity of our community to make more environmentally sustainable lifestyle choices

 

4.15 Work in partnership to reduce greenhouse gas emissions and support the community in adapting to a post peak oil environment

 

4.16 Be responsive and adaptive to new environmental opportunities and threats as they occur, building resilience and capacity within the community

 

6.4     Facilitate, lead and educate the community in the use of environmentally sustainable design across all forms of infrastructure to limit carbon emissions and reduce resource consumption.

Background

Council is making solar power more accessible to low income households through the Solar Saver program.  It is among the first programs in Australia enabling households to install solar PV systems and pay them off through a special charge scheme over 10 years. Council has committed through the Maroondah 2040 community vision, not only to reduce emissions, but to support those most vulnerable to climate change impacts and increasing energy costs. 

Council included $50,000 funding for the Solar Savers project in its 2017/2018 budget. The total cost of the works is calculated at $49,787.09 of which property owners will contribute the entirety over a 10-year period (payback period). On 28 August 2017, Council resolved to implement the Solar Saver project to install solar energy systems on homes receiving pensioner rate rebates through the establishment of a special charge scheme. Through an open tender process led by MAV Procurement, EnviroGroup was appointed to provide quotes and supply and install the solar energy systems. 

 

The program was promoted to targeted HACC/aged services clients in receipt of the rebate on their Council rate payments.

 

To ensure that participating homes were aware of and agreed to the quoted system, price and the proposed special charge scheme, an agreement between Council and participants was developed (see Attachment A) (Householder Agreement).  This agreement has been signed by the owner of each of the 15 households included in the proposed special charge scheme.

 

2kW and 3kW solar energy systems were available through the program and have been sized to maximise the financial benefits to participating households.  It is estimated that the average participating household will save $100 above their rate repayments in electricity bills over the first year based on current electricity pricing. After 10 years households are expected to save in the order of $400 - $500 per year on electricity bills (although this will vary from household to household).

 

On 28 August 2017, Council resolved to give notice of its intention to declare a special charge for the purpose of defraying any expense incurred by Council in relation to the provision of solar energy systems on residential properties participating in the Solar Saver Scheme. 

 

Council resolved to advise of its intention to declare a Special Charge, to publish a public notice and to request and to hear submissions under section 223 of the Act. Section 223 requires that Council publish a public notice specifying the date by which submissions are to be made, being a date which is not less than 28 days after the date on which the public notice is published.  Section 223 also entitles any person making a submission to request a hearing by Council of their submission.

 

Public notice was posted in the 5 September 2017 edition of the Age Newspaper and the Maroondah Leader.  The public notice advised of the proposed declaration and invited submissions under Section 223 of the Act by 5.00PM on 4 October 2017.

 

·                No formal submissions or objections were received.

·                Four calls and one face to face inquiry were received to clarify details of the Scheme.

 

Issue / discussion

Under Section 163 of the Local Government Act 1989 (Act), Council is empowered to declare a special charge for the purposes of defraying any expenses in relation to the performance of a function or the exercise of a power of Council, if Council considers that the performance of the function or the exercise of the power is, or will be, of special benefit to the persons required to pay the special rate or special charge.

 

In this case, the installation of solar energy systems on properties as part of the Solar Saver Scheme arises out of Council's functions of advocating and promoting proposals which are in the best interests of the community and ensuring the peace, order and good government of Council's municipal district and promotes the social, economic and environmental viability and sustainability of the municipal district .  Each participating property has signed a Householder Agreement with Council to participate in the Scheme, which includes the overall cost and rate repayments which would be paid by the property should the Scheme be approved (see Attachment A).

 

In September 2004, the Minister for Local Government issued a guideline for the preparation of special charge schemes.  The guideline specifically deals with the calculation of the maximum total amount that a council may levy as a special charge.

 

The guideline requires that Council identify the following:

A.    Purpose of the works

B.    Ensure coherence

C.    Calculate total cost

D.    Identify special beneficiaries

E.    Determine the properties to include

F.    Estimate total special benefits

G.   Estimate community benefits

H.    Calculate the benefit ratio

I.     Calculate the maximum total levy

 

A.      Purpose of the Works

The purpose of the works is to supply and install solar energy systems on properties to reduce energy costs and encourage and increase the use of renewable energy in the City of Maroondah.

 

B.      Ensure Coherence

The proposed works have a natural coherence with the proposed beneficiaries, as the properties proposed to be included in the Scheme are receiving solar energy systems to the value of their participation.

 

 

C.      Calculate the Total Cost

The proposed solar system installation includes the following items:

Assessment and administration costs

Supply and installation of solar energy systems

 

For the purposes of Section 163(1) of the Act, the total cost of the works is calculated at $49,787.09 based on signed quotations.

 

The expenses in the estimate of works are consistent with the allowable expenses listed in section 163(6) of the Act.

 

D.      Identify the Special Beneficiaries

Council is required to identify those properties that would receive a special benefit from the proposed works.  A special benefit is considered to be received by a property if the proposed works or services will provide a benefit that is additional to or greater than the benefit to other properties.

 

The Ministerial Guideline notes that a special benefit is considered to exist if it could reasonably be expected to benefit the owners or occupiers of the property.  It is not necessary for the benefit to be actually used by the particular owners or occupiers of a specified property at a particular time in order for a special benefit to be attributed to the property.

 

Property owners participating in the Solar Saver scheme are considered to receive special benefit from the proposed supply and installation of solar PV systems by means of:

Reduced energy costs over the life of the solar PV system

Ownership of the solar PV system after the special rate repayments are paid in full

Increased property value

 

The proposed properties taking part in the Scheme, the owners of which have signed a Householder Agreement with Council to participate in the Scheme, are listed in Attachment B.

 

E.      Determine Properties to Include

Once the properties that receive special benefit are identified, Council must decide which properties to include in the Scheme.  If a property will receive a special benefit but is not included in the Scheme, the calculation of the benefit ratio will result in Council paying the share of costs related to the special benefits for that property.

 

It is accepted that only those properties at which the solar energy systems are installed will receive a special benefit from the Scheme.  Accordingly, it is proposed to include only those residential properties whose owners have signed Householder Agreements in the scheme.  Council will not, then, be required to pay a share of costs related to special benefits for any property that is not included in the Scheme.

 

 

F.      Estimate Total Special Benefits

As per the Ministerial Guideline for Special Rates and Charges, total special benefits are defined according to the formula below:

 

            TSB = TSB(in) + TSB(out)

 

TSB is the estimated total special benefit for all properties that have been identified to receive a special benefit

TSB(in) is the estimated total special benefit for those properties that are included in the Scheme

TSB(out) is the estimated total special benefit for those properties with an identified special benefit that are not included in the Scheme

 

For the purposes of the proposed Scheme, total special benefits have been calculated as follows:

 

TSB(in) – The estimated total special benefit is based on the quoted cost of the solar PV system to be installed (which has been included in the Householder Agreement signed by the property owner).  It is expected that the benefit in reduced energy costs will exceed this special benefit.

o TSB(out) – This is not applicable as all participating properties are included.

 

G.      Estimate Community Benefits

Whilst the reduction of energy use, greenhouse emissions and increase of renewable energy is considered a community benefit there are no direct quantifiable costs.

TCB – Total Community Benefit is assessed to be 0 benefit units

 

H.      Calculate the Benefit Ratio

The benefit ratio is calculated as:

 

          R =               TSB(in)

                   TSB(in) + TSB(out) + TCB

 

Where:

 

                   TSB(in)  = $49,787.09

                   TSB(out) = 0

                   TCB = 0

 

                   R = 1

 

 

I.        Calculate the Maximum Total Levy

In order to calculate the maximum total levy S, the following formula is used:

 

                   S = R x C

 

Where R is the benefit ratio and C is the cost of all works

 

Therefore, S = 1*$49,787.09= $49,787.09

 

Note there is no community benefit amount payable by Council.

 

Apportionment of Costs

Once the maximum levy amount has been calculated, it is necessary to establish an appropriate way to distribute these costs to all affected landowners.

 

As the properties have all received individual quotations based on the solar system and work required, it is proposed to apportion the costs based on these quotes.  It is noted that the householders have been notified and signed agreements on the basis of these costs for the purpose of declaring this Scheme.

Financial / economic issues

Council will pay $49,787.09 for the supply and installation of the solar PV systems on the properties listed in Attachment B. In accordance with their respective Householder Agreements, property owners will pay for the cost of the solar energy system by equal installments apportioned over a 10-year period, commencing from 1 July 2018. 

 

Council is expected to receive $4,978.71 in special charge repayments annually for the Scheme over the 10 year period. It should be noted that the special charge scheme is effectively an interest free loan to the households.

 

Payments to Council by property owners for works via special charge schemes are GST exempt.

 

Should the property be sold during the 10 year period in which the special charge scheme applies, the amount outstanding on the special charge scheme at the time of sale will be fully paid.

Environmental / amenity issues

This project is consistent with Maroondah City Council’s strategic directions.  The adopted project aims include to:

·        Assist low income households to save money, reduce emissions and stay cool in heatwaves

·        Build capability and capacity within Victorian councils to use special rates charges to provide a stable underpinning finance model

·        Catalyse private sector investment within a community sector traditionally viewed as high risk to investors

·        Capture economies of scale and implementation efficiencies through a shared service delivery model

·        Address market failures restricting low income and vulnerable households from installing solar systems.

Social / community issues

Council has committed through the Maroondah 2040 community vision not only to reduce emissions, but to help build the resilience of the community to be able to respond to environmental threats and opportunities.  This project was specifically aimed at pensioner households, who are more vulnerable to increasing energy costs.

Community consultation

·        The program was promoted to targeted in-home care clients in receipt of the rebate on their rate payments.

·        19 homes have received home visits to provide quotations for the Solar Savers program. 15 participating households have all signed agreements to participate in the program based on quoted prices.

Conclusion

Based on the written agreement of all Solar Saver households and the lack of receipt of a single submission or objection to the proposed declaration, it is recommended that Council declare a special charge scheme for the purposes of defraying expenses from the provision of solar energy systems on residential properties participating in the Solar Saver Scheme.

 

It is also recommended that Council receive a further report on this program following installation of the solar systems in March 2019.

 

 

Attachments

1.

Attachment A  Maroondah Householder Agreement Template Solar Savers Program

2.

Attachment B  Maroondah Solar Savers properties proposed for the special rates charge

CONFIDENTIALITY

Not Applicable

 

 

 

 

 

 

RECOMMENDATION

 

That

1.       Council having complied with the requirements of sections 163A, 163B and 223 of the Local Government Act 1989 (“Act”), and otherwise according to law, hereby declares a Special Charge (“Special Charge”) under section 163 of the Act as follows:

i.        A special charge is declared for the period commencing on the day on which Council issues a notice levying payment of the special rate and concluding on the tenth anniversary of that day.

ii.       The special charge be declared for the purpose of defraying any expense incurred by Council in relation to the provision of solar energy systems on residential properties participating in the Solar Saver scheme, which project:

-      Council considers is or will be a special benefit to those persons required to pay the special charge (and who are described in succeeding parts of this resolution); and

-      arises out of Council's functions of advocating and promoting proposals which are in the best interests of the community and ensuring the peace, order and good government of Council's municipal district.

iii.      The total:

-      cost of performing the function described in paragraph 1(b) of this resolution be recorded as $49,787.09; and

-      amount for the special charge to be levied be recorded as $49,787.09, or such other amount as is lawfully levied as a consequence of this resolution.

iv.      The special charge be declared in relation to all rateable land described in the table included as Attachment B to this report, in the amount specified in the table as applying to each piece of rateable land.

v.       The following be specified as the criteria which form the basis of the special charge so declared:

 

vi.      Ownership of any land described in paragraph 1(iv) of this resolution.

vii.     The following be specified as the manner in which the special charge so declared will be assessed and levied:

-      a special charge calculated by reference to the size of the solar energy system being installed and the particular costs of installation at each property participating in the Solar Saver scheme, in respect of which a Householder Agreement has been executed, totalling $49,787.09, being the total cost of the scheme to Council;

-      to be levied each year for a period of 10 years.

viii.    Having regard to the preceding paragraphs of this resolution and subject to section 166(1) of the Act, it be recorded that the owners of the land described in paragraph 1(iv) of this resolution will pay the special charge in the amount set out in paragraph 1(vii) of this resolution in the following manner:

-      payment annually by a lump sum on or before one month following the issue by Council of a notice levying payment under section 163(4) of the Act; or

-      payment annually by four instalments to be paid by the dates which are fixed by Council in a notice levying payment under section 163(4) of the Act.

2.       Council considers that there will be a special benefit to the persons required to pay the special charge because there will be a benefit to those persons that is over and above, or greater than, the benefit that is available to persons who are not subject to the proposed special charge, as a result of the expenditure proposed by the special charge, in that the properties will have the benefit of a solar energy system being installed.

3.       Council, for the purposes of having determined the total amount of the special charge to be levied:

i.        considers and formally records that only those rateable properties included in the Solar Saver scheme as proposed will derive a special benefit from the imposition of the special charge, and there are no community benefits to be paid by Council; and

 

ii.       formally determines for the purposes of section 163(2)(a), (2A) and (2B) of the Act that the estimated proportion of the total benefits of the special charge to which the performance of the function or the exercise of the power relates (including all special benefits and community benefits) that will accrue as special benefits to the persons who are liable to pay the special charge is 100%.

4.       Council directs that notice be given to all owners and occupiers of properties included in the Scheme and all persons who have lodged a submission and/or an objection in writing of the decision of Council to declare and levy the Special Charge, and the reasons for the decision. For the purposes of this paragraph, the reasons for the decision of Council to declare the Special Rate are that –

i.        there is no objection to the Scheme and it is otherwise considered that there is a broad level of support for the Special Charge from all property owners and occupiers;

ii.       Council considers that it is acting in accordance with the functions and powers conferred on it under the Local Government Act 1989, having regard to its role, purposes and objectives under the Act, particularly in relation to its functions of advocating and promoting proposals which are in the best interests of the community and ensuring the peace, order and good government of Council's municipal district.

iii.      all persons who are liable or required to pay the Special Charge and the properties respectively owned or occupied by them will receive a special benefit of a solar energy system being installed at the property.

5.       Where a Householder wishes to withdraw from the Scheme, Council agrees to such withdrawal where the Householder has given written notice of their desire to withdraw from the Scheme before Council has incurred any expenditure in relation to the Householder's solar PV system.

6.       Council receive a further report on the Solar Saver project in 2018 following installation of solar systems at households.

 

 


ATTACHMENT No: 1 - Attachment A  Maroondah Householder Agreement Template Solar Savers Program

 

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ATTACHMENT No: 2 - Attachment B  Maroondah Solar Savers properties proposed for the special rates charge

 

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ACTIng DIRECTOR Planning & Community andrew fuaux

 

Maroondah Business Advisory Committee

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Purpose

The purpose of this report is to recommend that Council appoint eleven representatives to the Maroondah Business Advisory Committee (MBAC).

Strategic / policy issues

The following directions contained in Maroondah 2040: Our Future Together and the Council Plan 2017-2021 (Year 1: 2017-2018) provide the strategic framework that underpins the purpose of this report.

Outcome Area:  A prosperous and learning community.

Our Vision:  In 2040, Maroondah is a thriving centre of economic activity and opportunity within the Eastern Region where the sustainability and growth of local businesses is supported.  All community members, groups, education providers and local businesses have access to a wide range of quality learning resources and facilities.

Key Directions 2017 – 2018:

2.3     Promote the diversification and localisation of Maroondah’s economy to stimulate job growth and encourage the community to work and live locally

 

2.4     Provide support to small and medium enterprises to help them fulfil their potential to be successful

 

2.12 Broker community-government-business partnerships that build social capital, create community connections and foster a culture of corporate social responsibility

 

2.13 Facilitate business-business partnerships that advance collaboration, peer support, mentoring, training opportunities and knowledge sharing

 

2.23 Facilitate connections between education providers, businesses and the broader community to support employment pathways, intergenerational connections and knowledge transfer

Background

The role of the MBAC is to provide a framework for the collaborative sharing of local business intelligence, and sector specific opportunities and challenges, that will shape and enhance the future role of Council to impact positively on local businesses.  As outlined in the ‘Terms of Reference’, the specific role of the MBAC will be to:

·        Act as a sounding board for future Council funded proposals/projects.

·        Suggest new projects/programs for Council to pursue (complimentary to Annual Service Delivery Plan priorities) which will positively impact on local businesses.

·        Provide a formal link between the Municipality and key stakeholders/business leaders.

·        Work with Council to develop submissions and comment on related Local, State and Federal Government policies and strategies.

·        Provide an opportunity for creative ideas, positive contributions and solutions to business issues affecting local businesses.

·        Provide feed-back and practical advice regarding additional ways in which Council can engage with and further assist key sectors within the business community.

·        Provide input into the development of submissions for funding.

·        Provide strategic direction and feedback on local economic performance and industry specific challenges and opportunities.

 

Extensive benchmarking with similar Advisory Committees has been undertaken to ensure that the Terms of Reference reflect best practice and importantly the specific role of the MBAC and its members within a local, regional and broader framework. 

Issue / discussion

Council has undertaken a period of consultation with local businesses, calling for nominations for the MBAC All candidates must be able to demonstrate that they are either a local business owner, operator or employee based in the City of Maroondah.  As indicated in the Terms of Reference, the composition of the Committee will also include one representative each from the Croydon and Ringwood Chambers of Commerce.

 

A total of 15 expressions of interest (for a maximum of twelve positions) were received by Council. 

 

A short-listing process was undertaken, where candidates were evaluated on key criteria, and recommendations were provided for review by the three Councillors who will serve on the MBAC.

 

The recommended eleven successful MBAC candidates have been selected based on their broad range of views, skills, business experience and knowledge with respect to local and regional business issues. The recommended Committee members were also chosen as they represent a proportionate cross-section of the local business community.

Financial / economic issues

The work undertaken by the MBAC will be accommodated within Council’s existing operating budget.

Environmental / amenity issues

Not Applicable

Social / community issues

The establishment of the MBAC recognises the important role of local businesses in influencing the economic conditions that contribute the health and well-being of the Maroondah community.

 

 

Community consultation

A public consultation process was undertaken to encourage nominations from the local business community.  This consultation involved formal public notice in the Maroondah Leader, information and links on the Council and BizHub Maroondah website, social media channels, direct communication via BizHub email updates and promotion through local business contacts and networks.

Conclusion

The appointment of business representatives to the MBAC recognises the importance of engaging with local businesses to continuously improve and refine business support activities, initiatives and advocacy priorities.  The recommended eleven successful MBAC candidates have been selected based on their broad range of views, skills, business experience and knowledge with respect to local and regional business issues. The recommended Committee members were also chosen as they represent a proportionate cross-section of the local business community.

 

 

Attachments

1.

MBAC Final Terms of Reference PDF 2017

CONFIDENTIALITY

Not Applicable

 

RECOMMENDATION

 

That council

1.       appoints the following business representatives for a period of three years (to october 2020) to the maroondah business advisory committee:

          edwina ricci (CCCI)                           kerry atherton (RCCI)

          Mel Cook                                              ann gambetta

          simon fuller                                      michael cotton

          marcus young                                   linda kearley

          geoff daniel                                      steve edgerton

          robert lyon                            

2.       informs all applicants in writing of the status of their nominations and thanks nominees for their interest

 


ATTACHMENT No: 1 - MBAC Final Terms of Reference PDF 2017

 

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