Agenda of Ordinary Council Meeting

acting Director Corporate Services – Tony rocca

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 3: 2019-2020) 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 2019 – 2020:

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 19 August 2019 and 2 September 2019 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.	2019 August 19 - Assembly of Councillors Public Record
2.	2019 September 02 - 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 19 August 2019 and 2 September 2019


acting Director Corporate Services – tony rocca
Sale Of Land At Rear 14 Bridget Court Warranwood	Item 3

Purpose

To authorise commencement of the legislative procedures pursuant to the Local Government Act 1989 (Vic) (Act) to consider the sale of the land at the rear of 14 Bridget Court Warranwood, being the whole of the land contained in certificate of title volume 11090 folio 354, being shown as Lot 11 on registered plan of subdivision no. PS 610395W (Land) to the owners of 14 Bridget Court Warranwood (Owners).

Strategic / policy issues

The following directions contained in Maroondah 2040: Our Future Together and the Council Plan 2017-2021 (Year 3: 2019-2020) 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 an responsive leadership, ensures transparent processes, and works with the community to advocate and champion their needs.

Key Directions 2019 – 2020:

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.

Priority Action 2019-2020:

Not Applicable

Background

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

Property owners were given three 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

· Reinstate the rear fence to the correct title boundary, 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 their 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.

The land at the rear of 26 Bridget Court has since been sold to the property owners of 26 Bridget Court.

Issue / discussion

The Land at the rear of 14 Bridget Court Warranwood borders Council’s reserve (Quambee Reserve), as shown highlighted red on the locality plan attached as Schedule 1 to this report (Locality Plan) and highlighted blue on the title plan attached Schedule 2 (Title Plan).

The previous owners of 14 Bridget Court Warranwood had landscaped the enclosed area on the Locality Plan within their property and continued to maintain the Land.

In April 2019, the property at 14 Bridget Court Warranwood was sold and the new owners were advised that the agreement was no longer applicable. They were given the option to reinstate the rear fence to the correct title boundary, or to purchase the land at the current market value.

Council’s Valuers, Westlink Consultants, provided a current market valuation of $57,500 plus GST, based on an area of 220 sqm for the Land. The owners of 14 Bridget Court Warranwood, agreed to purchase the Land at the current market value, and to pay all legal and disbursement costs of approximately $10,000 plus GST.

If the Land is sold to the Owners, Council will require the Owners to consolidate the title of their property of 14 Bridget Court Warranwood with Council’s Land.

Financial / economic issues

The legal and disbursement costs associated with the sale of the Land would be funded by the purchasers in line with Council policy, estimated at $10,000 plus GST. The costs associated with Council’s administration in dealing with property matters is contained within the current budget.

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 the 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 commence the statutory procedures pursuant to Section 189 and Section 223 of the Act, to selling the Land to the owners of 14 Bridget Court Warranwood, subject to satisfactory completion of those procedures and given that the parcel of land is surplus to Council’s strategic directions for Quambee Reserve.

Attachments

1.	Sale of Land rear 14 Bridget Court - Schedule 1 Locality Plan
2.	Sale of Land rear 14 Bridget Court - Schedule 2 Title Plan

CONFIDENTIALITY

Not Applicable

RECOMMENDATION

That Council, acting under section 189 of the local government act 1989 (act) resolves;

1. that the statutory procedures be commenced to the sale of the land at the rear of 14 bridget court warranwood, as contained in certificate of title volume 11090 folio 354, being shown as lot 11 on plan of subdivision PS 610395W (Land), as depicted in schedule 2 of this report;

2. that public notice be given in accordance with sections 189, 207a and 223 of the act and with council’s public exhibition policy; such notice to state that council proposes to sell the land to the owners of 14 bridget court warranwood (owners) for no less than the market valuation held by council;

3. that in accordance with section 223 of the act:

i. a committee comprising councillors mayor steane, damante and graham, 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 authorised to undertake the administrative procedures necessary to enable council to carry out its functions under section 223 of the act in relation to this matter;

4. that should no submissions be received, council further resolves;

i. that having followed all the required statutory procedures pursuant to section 189, 207a, and 223 of the act, agrees to sell the land comprising lot 11 on plan os subdivision ps 610394w to the owners of 14 bridget court warranwood for no less than the market valuation held by council;

ii. that the owners be required to consolidate the title of the land with the title of their property;

5. that 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 the land to the owners of 14 bridget court warranwood.

acting Director Corporate Services – tony rocca

Municipal Association of Victoria State Council Meeting - Motions	Item 5

Purpose

To consider three (3) Maroondah motions for submission to the Municipal Association of Victoria State Council Meeting to be held on Friday 19 October 2019.

Strategic / policy issues

The following directions contained in Maroondah 2040: Our Future Together and the Council plan 2017-2021 (Year 3: 2019-2020) provide the strategic framework that underpins the purpose in this report.

Outcome Area: A well governed and empowered community

Key Directions 2019 – 2020:

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

Background

The Municipal Association of Victoria’s State Council Meeting will be held on Friday 19 October 2019. Proposed motions must be submitted by Friday 20 September 2019.

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

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

Issue / discussion

The proposed motions and rationale are listed below:

Proposed Motion 1:

Cost Recovery for Properties with Hoarding and Squalor

That the Municipal Association of Victoria State Council calls upon the State Government to amend section 197 (5) of the Public Health and Wellbeing Act to allow Councils the option to recover the costs and expenses from regulatory action and orders by issuing a charge to the land or property that is the subject the order, along with the existing ability to pursue the person on whom the order is made.

Rationale:

The Public Health and Wellbeing Act (PHWB Act) 2008 (s60) sets out a positive duty of Councils to investigate nuisances. Hoarding incidents have historically been investigated under the nuisance provisions of the PHWB Act. A home or property where hoarding and squalor exists is reported to councils, often by neighbours, due to odours, poor condition of the property, risk of fire, pests and vermin. If there is a failure to act, councils can be found to not have fulfilled the requirements of the legislation.

Hoarding is now recognised in the Diagnostic and Statistical Manual of Mental Disorders as a long term behavioural mental health condition. Council recognises that these properties can pose significant risk to the residents, neighbours and emergency services attending the property. However, enforced clean-ups are incredibly distressing to the householder and to staff overseeing the clean-up. The removal of the items cause significant trauma and anxiety, are very expensive to complete and often just result in more items being returned to the property.

Currently, the PHWB Act s197 (5) states that when an order has been made under s197 (4), the Council may both enter the land to which the order relates and abate the nuisance and do whatever is necessary to execute the order; and then recover the costs and expenses incurred by it from the person on whom the order is made. There is no option for the Council to place these costs on the land/property. People suffering from hoarding disorder are often extremely vulnerable and isolated. In these instances, Council may have no option but to sue the householder for expenses incurred in the clean-up and legal costs. Residents with few resources are not able to pay, so the Council absorbs the costs (anywhere between $10,000 and $50,000).

Proposed Motion 2:

Derelict Properties

That the Municipal Association of Victoria State Council calls upon the State Government to amend the existing building regulations to provide Councils the necessary power to require the rectification or ultimately demolition of properties that are in a significant state of neglect and dereliction.

Rationale:

Vacant dwellings are becoming more prevalent as developers and overseas investors buy properties for future development. The length of time properties remain vacant and unmaintained can be dependent on the current property market. Many vacant properties are being left to fall in to a state of neglect and dereliction. Vandalism, tagging, illegal dumping of rubbish, squatting and damage to nearby properties have been linked to many properties that are not properly fenced, secured or being upkept.

Councils can deal with certain aspects of derelict properties under the Building Act 1993, Public Health and Wellbeing Act 2008 (PHW Act), and sometimes a Council Local Law. However, dealing with items in isolation often does not solve the overall safety and maintenance requirements and Councils do not have the necessary powers required to enforce a demolition permit.

The Building Act could be amended to provide council with the option, via the Municipal Building Surveyor, to address vacant dwellings that, while structurally adequate, are in a state of neglect. The amendment could allow the Municipal Building Surveyor to form the opinion that a building is a derelict building and cause a building notice to be served on the owner of the property requiring them to (a) put the building or part of the building into a state of repair, or (b) to demolish the building where it cannot be repaired. The Planning and Environment Act 1987 requires a planning permit for demolition of properties affected by a Heritage Overlay and buildings covered by a Neighbourhood Character Overlay, and this must also be considered in any review where the property is also classified as derelict.

Proposed Motion 3:

Waste Management in Victoria

That the Municipal Association of Victoria State Council calls upon the State Government to re-prioritise and re-focus what is critical in the Waste and Resource Recovery space, including:

· Deeming waste and resource recovery as an essential service

· Expanding legislative reform on plastic bags to include the phasing out of problematic single-use plastic products, including plastic wrappings on food at supermarkets

· Establishing a container deposit scheme by legislation in line with other States and Territories

· Advocating to the Federal Government for effective national product stewardship arrangements, including container deposit framework, to drive recycling of drink containers, textiles, polystyrene, paper, cupboard and all electronic goods

· Giving special consideration for those Councils spending a premium to maintain recycling with current contractors, that they are also considered as part of any grant funding

· Establishing consistent marketing tools and techniques that can be shared with the wider community by all Councils - to ensure recycling is not forgotten (other than just consistent bin colours)

· Ensuring that the messaging regarding Food Organics in the Green Bin (FOGO) and Alternative Waste Solutions is clear and well understood - to ensure that these two methods of waste processing are not perceived to be in conflict with one-another

Rationale:

The time to work positively and look towards the opportunities that can be realised from this crisis is now. However, without prioritising the needs, there is a risk that the focus and energy does not deliver on required outcomes.

Financial / economic issues

Refer to rationale as highlighted under Issue / Discussion

Environmental / amenity issues

Refer to rationale as highlighted under Issue / Discussion

Social / community issues

Refer to rationale as highlighted under Issue / Discussion

Community consultation

This report demonstrates Council’s preparedness to advocate to the State Government on behalf of Maroondah residents.

Conclusion

The proposed motions have a State-wide significance throughout the Local Government sector and therefore should be discussed at the State Council Meeting.

The closing date for the receipt of motions is Friday 20 September 2019.

Attachments

Not Applicable

CONFIDENTIALITY

Not Applicable

RECOMMENDATION

THAT COUNCIL SUBMITTS THE FOLLOWING THREE (3) MOTIONS FOR CONSIDERATION AND DEBATE AT THE NEXT MUNICIPAL ASSOCIATION OF VICTORIA STATE COUNCIL MEETING ON 19 OCTOBER 2019:

Motion 1:

Cost Recovery for Properties with Hoarding and Squalor

Motion 2:

Derelict Properties

Motion 3:

Waste Management in Victoria

That the Municipal Association of Victoria State Council calls upon the State Government to re-prioritise and re-focus what is critical in the Waste and Resource Recovery space, including:

· Deeming waste and resource recovery as an essential service

· Expanding legislative reform on plastic bags to include the phasing out of problematic single-use plastic products, including plastic wrappings on food at supermarkets

· Establishing a container deposit scheme by legislation in line with other States and Territories

· Giving special consideration for those Councils spending a premium to maintain recycling with current contractors, that they are also considered as part of any grant funding

· Establishing consistent marketing tools and techniques that can be shared with the wider community by all Councils - to ensure recycling is not forgotten (other than just consistent bin colours)


acting Director Corporate Services – tony rocca
Victorian Electoral Commission - Electoral Representation Review Preliminary Report	Item 6

Purpose

To provide an update on the Electoral Representation Review of the City of Maroondah, presently being undertaken by the Victorian Electoral Commission (VEC).

Strategic / policy issues

The following directions contained in Maroondah 2040: Our Future Together and the Council Plan 2017-2021 (Year 3: 2019-2020) provide the strategic framework that underpins the purpose of this report.

Outcome Area: A well governed and empowered community

Key Directions 2019 – 2020:

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

Background

The VEC is undertaking an Electoral Representation Review of the City of Maroondah, which commenced the first week of July 2019.

A public information session was convened by the VEC in the Council Chamber on 4 July.

Council, at its meeting on 15 July, subsequently resolved to lodge a preliminary submission that supports retention of a multi-member ward model, which in its view provides a fair representation to voters in Maroondah.

Issue / discussion

The VEC released its Preliminary Report on Wednesday 28 August - refer Attachment 1.

The report is based on public submissions and the VEC’s own research. Eight (8) Submissions were received, as listed in Appendix 2 to the report on page 24.

The report contains 2 Options for the electoral structure of Maroondah City Council, i.e.

Option A (preferred option) - which retains the Status Quo

Consists of 9 councillors elected from 3 Wards, retaining the current electoral structure and ward boundaries.

The perceived advantages for Option A are listed on pages 14 & 15 of the report as attached.

Option B (alternative option)

Also consists of 9 councillors elected from 3 Wards, with adjustments to the current ward boundaries. For this Option the VEC has also suggested Ward names to identify the Wards AND is inviting comments from the community on these Ward names as part of submissions to the preliminary report. The perceived advantages for Option B are outlined on page 16 of the Preliminary Report as attached.

All Wards within both Options are within the legislated +/- 10% average voter to Councillor ratio. The VEC’s modelling has sought to create Wards that will remain within the legislated tolerance for the following 12 years, up until the next review which is to be undertaken before the 2032 Local Government elections.

Submissions to the Preliminary Report are now being invited and will close at 5pm Wednesday 25 September.

A further Public Hearing will then be held in the Council Chamber on Wednesday 2 October, for any person who requests to speak to their submission. However, the Public Hearing will not be held if there are no requests to speak.

Council has been provided with a copy of the VEC Preliminary Report and supports Option A which maintains the status quo since it provides strong representation to constituents and has produced very strong Community Satisfaction scores as evidenced by the State Government’s own recent survey results.

Financial / economic issues

Council is also expected to meet the costs associated with such a review and on current pricing arrangements such is expected to be up to $51,000. This amount has been incorporated within the Draft Budget for 2019/20.

Environmental / amenity issues

Not Applicable

Social / community issues

Not Applicable

Community consultation

The Electoral Representation Review being undertaken by the VEC is an independent review, undertaken at ‘arm’s length’ from Council.

The VEC’s Communications Strategy for the review comprises:

· Statutory notices

- The Age and/or the Herald Sun newspapers

- Local newspapers

· Advice on VEC’s website (www.vec.vic.gov.au)

· Media liaison during the course of the review

· Consideration of other communications/advertising opportunities

- e.g. general advice and links to VEC on Council’s web-site and in Council publications

· Public Information Session

· Public Hearing of Submissions

Conclusion

The Minister for Local Government has determined that an Electoral Representation Review be carried out and completed by 31 December 2019.

The VEC commenced its review the first week of July 2019.

It is appropriate that Council considers lodging a further submission to the VEC’s Preliminary Report, reiterating its support for retention of a multi-member ward model, which, in its view, best provides for fair representation to voters in Maroondah.

Attachments

1.	2019 VEC Preliminary Report
2.	Option A Map - Maroondah Electoral Representation Review
3.	Option B Map - Maroondah Electoral Representation Review
4.	Maroondah City Council's Submission to VEC Preliminary Report - Electoral Representation Review

CONFIDENTIALITY

Not Applicable

RECOMMENDATION

That COUNCIL LODGES A SUBMISSION TO THE VICTORIAN ELECTORAL COMMISSION’S PRELIMINARY REPORT, WHICH SUPPORTS RETENTION OF THE CURRENT MULTI-MEMBER WARD MODEL, WHICH IN ITS VIEW PROVIDES A FAIR REPRESENTATION TO VOTERS IN MAROONDAH


Director Operations, Assets & Leisure – Adam Todorov
Equally Active Policy and Strategy	Item 1

Purpose

The purpose of this report is to seek Council endorsement of the Equally Active Policy and Strategy.

Strategic / policy issues

The following directions contained in Maroondah 2040: Our Future Together and the Council Plan 2017-2021 (Year 3: 2019-2020) provide the strategic framework that underpins the purpose of this report.

Outcome Area: A Safe Healthy and Active Community

Key Directions 2019 – 2020:

Key Direction - A Safe Community

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

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

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

Key Direction - A healthy community

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

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

1.12 Apply healthy by design principles in planning for the development and revitalisation of activity centres and public spaces

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

Key Direction – An Active Community

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

Priority Action 2019-2020:

Key Direction – An Inclusive and Diverse Community

· Develop a Female Participation Strategy for physical activity

· Investigate and implement additional female changing facilities at local sporting venues

Background

Council’s 2015 - 2020 Physical Activity Strategy highlighted women as a specific population which would require targeted actions to make a positive impact on the reported low activity levels. It is well documented that significantly fewer women than men do enough weekly physical activity to maintain optimal health and are much less likely to participate in organised sport. In Maroondah, participation rates illustrate that regular active recreation declines substantially for women and girls from the age of 15, declining to only 14% of women aged 35 to 44 years who meet the National Physical Activity Guidelines.

There are many barriers to women and girls’ regular involvement in sport and active recreation, including time pressures, body image concerns, real and/or perceived fear of judgement, lack of opportunity, unsuitable amenities and family responsibilities. Participation in regular sporting or active recreational pursuits is proven to be of great benefit to both participants’ physical and mental health and can be extremely valuable in the context of social inclusion and integration.

In the past 5 years, Maroondah has experienced unprecedented growth in girls’ participation in traditionally male dominated sports of soccer, AFL & cricket due to increased media, campaigns and investment in programs and infrastructure at a Federal, State and local level. While Council will continue to prioritise the upgrading of infrastructure to cater for the needs of females, the projected increase and sustained growth of women and girls’ participation will be dependent on improved governance structures, strong leadership, equitable sport scheduling and facility access, and safe, inclusive club environments. Implementing initiatives to achieve gender equitable sporting environments will require a strategic approach to ensure these girls entering sporting clubs continue long term participation through teen years into adulthood.

Issue / discussion

The Equally Active Strategy (Strategy) for women and girls seeks to understand the current situation within Maroondah, who is, or isn’t, participating in regular physical activity and why, and to develop targeted actions to address low participation in specific population cohorts. Furthermore, to support and sustain the current increase in women and girls’ participation in traditionally male dominated sports, the Strategy identifies actions to assist Maroondah clubs to provide safe, inclusive, gender equitable environments. A key priority action of the Strategy was to develop a high-level policy articulating Council’s position in relation to advancing gender equity in sport.

Council currently allocates sportgrounds to clubs on a seasonal basis and affords clubs the autonomy to allocate the distribution of hours and venues to teams within their club. Council does not currently have a mechanism to gauge whether clubs are utilising this autonomy to be fair and equitable in the scheduling of training and matches, particularly the premier grounds and optimal times.

The 2015 Victorian Inquiry into Women and Girls in Sport and Active Recreation, highlighted that women often feel reluctant to participate in boards, committees, and other leadership roles in strongly male-dominated environments. Even women holding leadership positions often reported feeling intimidated or treated in a dismissive way. Supporting initiatives to increase the gender balance in coaching and leadership positions will continue to enhance the engagement of women and girls in all aspects of sporting environments.

Financial / economic issues

Increasing the physical activity levels of women and girls in Maroondah will result in an economic benefit. A more physically active community reduces health, workplace injury and absenteeism and supports local business, boosting productivity and job growth.

Environmental / amenity issues

Not Applicable

Social / community issues

There are different factors that affect the physical activity levels of specific populations and therefore different strategies are required to overcome these challenges. The Equally Active Strategy highlights the challenges and opportunities being experienced within three (3) specific sub populations in order to target specific actions which will have a positive impact on participation. In reviewing the participation rates for women and girls in Maroondah it was determined to focus actions towards the following target groups:

· Women & Girls from Culturally and Linguistically Diverse (CALD) backgrounds;

· Young Women aged 10-17 years & 18-25 years; and

· Women with care responsibilities

Community consultation

From April 2017 to February 2019, Council utilised a wide range of methodologies to understand the current participation situation for women and girls in Maroondah, their needs and potential opportunities to improve participation rates.

Methods included:

· Presentation & facilitated discussions with relevant internal teams;

· Sport Demand Analysis data collection;

· Our Codes Our Clubs Gender Equity Audit Tool;

· Facilitated discussions with local clubs at the 2017 and 2018 Maroondah Winter & Summer Club Forums, 2018 EASE Into Female Cricket Workshop, 2018 Women Leading Change Forum, 2018 Equality Is The Game Workshop and the 2017 Be The Change Forum;

· Peak Sporting Associations & Migrant Information Centre liaison;

· Maternal & Child Health Ages and Stages Mothers’ Survey & Maroondah Pathway for Carers Survey; and

· Facilitated discussion with the Maroondah Youth & Wellbeing Advocates

Conclusion

Maroondah City Council’s Equally Active Policy has been developed through detailed consultation and research to articulate Council’s position in relation to advancing gender equity in sport and recreation and, to undertake initiatives to change the physical, social, and attitudinal environments that support women and girls to be active.

The Strategy highlights the challenges and opportunities being experienced within three (3) specific sub populations in order to target specific actions which will have a positive impact on participation. It also explores initiatives to support sports & recreation organisations to undertake actions to create inclusive, gender equitable club environments and empower women to take up coaching and decision-making roles.

Attachments

1.	POLICY - Equally Active - July 2019
2.	DRAFT - Equally Active Strategy 2019

CONFIDENTIALITY

Not Applicable

RECOMMENDATION

That COUNCIL ADOPTS THE EQUALLY ACTIVE POLICY AND STRATEGY


Director Strategy & Community – Phil Turner
Croydon Main St Shopping Centre - Declaration of Special Rate and Charge Scheme	Item 1

Purpose

To report on the public exhibition period and formally declare a Special Rate and Charge Scheme to develop, encourage and promote business within the Croydon Main St. Shopping Centre.

Strategic / policy issues

The following directions contained in Maroondah 2040: Our Future Together and the Council Plan 2017-2021 (Year 3: 2019-2020) provide the strategic framework that underpins the purpose of this report.

Outcome Area: A prosperous and learning community

Our Vision:

In 2040, Maroondah will be 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 will have access to a wide range of quality learning resources and facilities.

Key Directions 2019 – 2020:

2.7 Embrace a place-based approach to the development and revitalisation of neighbourhood centres that provide opportunities for local business and places for social connection and interaction.

2.14 Facilitate the enhancement and revitalisation of industrial and commercial precincts that maximise investment, promote diverse job opportunities and provide for value adding industries.

Priority Action 2019-2020:

Not Applicable

Background

The CMSTA petitioned Council for a new Special Rate and Charge Scheme for the Croydon Main St Shopping Centre. The Centre has a recent previous scheme which ceased in May 2019. The Centre has had a promotional scheme in place since 1993 and is one of the longest continuing special rates and charge schemes in Victoria.

The proposed scheme would apply to 187 rateable properties, be in place for five years and would raise approx. $133,000 p.a. The funds generated through this scheme would be primarily utilised for the employment of a part-time Shopping Centre Co-ordinator, promotional events, website development, advertising, CCTV maintenance, and activities which aim to increase commerce, patronage, visual appeal and vitality of the Centre. These services will provide a ‘special benefit’ to the owners and the occupiers of the land and the commercial and business properties located in the Scheme area. For this reason, the whole of the proposed Special Rate and Charge will be levied against the retail, commercial and professional business properties located in the Scheme area. It is considered that there are no other special benefits or community benefits arising from the proposed Special Rate and Charge Scheme.

The proposed Special Rate and Charge Scheme will be levied on all rateable commercial properties in the designated area as indicated on the Map (Attachment 1) and defined in the Recommendation. A listing of the properties that are proposed to be included in the Scheme forms a part of the proposed declaration, and is contained in Attachment 2.

The management of the funds generated by the proposed scheme is to be undertaken by the Committee of the CMSTA in accordance with a signed agreement with Council. This Association is an incorporated body. The CMSTA must adhere to the conditions provided in their funding agreement (as executed to establish a declared scheme) to ensure that, at all times, they are acting in accordance with the legal requirements for expenditure and management of the proposed Scheme.

At the Council meeting held 24 June 2019, Council proposed to declare a Special Rate and Charge Scheme for the Croydon Main Street Shopping Centre and commenced public exhibition of the Scheme. As required by the Local Government Act (‘the Act’), Council notified in writing all owners and occupiers within the specified area, and called for written submissions. A public notice was also placed in the ‘Maroondah Leader’.

A summary of the issues raised in the submissions received, is contained within this report. Submissions are also attached (Attachment 3).

Issue / discussion

In accordance with the provisions of Section 163(A) of the Act, a person may make a submission under Section 223 relating to a special rate and/or charge.

Following Council’s decision at the 24 June 2019 Council meeting to place the scheme on public exhibition, all affected owners and operators were informed of Council’s decision in writing, a public notice was placed and the opportunity to appear before a Committee of Council was provided. In accordance with the Local Government Act, a proposed scheme cannot proceed if a majority of objections (based on contributors) are received following the public exhibition period. The public exhibition process ceased on 30 July 2019.

The following is a summary of outcomes derived from the public exhibition process:

· 3 submissions were received.

· The submissions included 2 objections to the proposed scheme and 1 which was provided in support (on behalf of the CMSTA).

· All submitters were also provided with the opportunity to appear before a Committee of Council to further articulate their submission - all submitters declined this opportunity.

The following provides additional detail with respect to submissions and key recommendations.

Submission 1

A submission was provided on behalf of the CMSTA and outlined the importance of the scheme in relation to the future prosperity of the Centre. This submission highlighted the achievements of the previous scheme, namely:

· Creation of a Strategic Plan.

· Activation of the Centre through various events and festivals.

· Promotion of the Main St Shopping precinct and its businesses to the community.

· Focus on developing the cultural identity of the Centre through public art projects and programs.

Two submissions were received in objection to the proposed scheme.

Submission 2

One submitter highlighted concern about the impost of the scheme, indicating that it was a further cost imposed by Council and would place a significant financial burden on small businesses within the Centre. The submission also challenged whether the individual businesses within the Centre should be marketed jointly to the broader community and the ongoing impost on traders to contribute to the maintenance of the CCTV surveillance system.

Officer Response

It is determined that all the properties listed in the attached schedule will receive a special benefit through the implementation of this scheme. Enhanced community engagement and marketing will improve the vibrancy of the Centre, leading to increased patronage and increased demand for businesses to locate in the centre. It is recognised that businesses within the centre will undertake their own marketing effort and that additional benefits will accrue to the businesses within the Centre, both individually and collectively.

The Croydon Main St. precinct CCTV system was funded by the ‘Safer Streets Programme’ in 2017. Application was made by Council, on behalf of the trading precinct. As part of this funding arrangement, the CMSTA have agreed to contribute an annual sum for ongoing maintenance.

Recommendation

This written submission has been considered and it is recommended that this rateable property is not excluded from the scheme based on the grounds contained within the submission. Discussions will be held with CMSTA to convey the concerns identified and reiterate the need for ongoing engagement with contributors and further refinement of targeted marketing activities which benefit all businesses. This will include identifying quantifiable benefits and impacts of key events and promotional initiatives.

Submission 3

One submitter highlighted concerns about the inclusion of the property within the geographical area of the Croydon Main St Shopping Centre. This property is one of four located on Mt Dandenong Rd., as part of a new commercial development, and was constructed approximately two years ago. As such, these properties had not been included as contributors to the scheme prior to the current proposal. The submission further highlighted that the tenants been not been included in any activities of the CMSTA in the past and they are sufficiently geographically isolated to warrant an exclusion from the proposed scheme.

Officer Response

After consideration of this submission, it was determined that this submitter provided legitimate grounds to be excluded from the proposed scheme. This proprietor is located on the periphery of the rateable area and successfully demonstrated their detachment from the Main St., in terms of their location, engagement with the CMSTA and any derived benefit from planned activities.

Recommendation

Following further consultation and written endorsement from the CMSTA, and to ensure consistency with abutting properties, it is proposed that the four tenancies (located at 211A-D Mt Dandenong Rd) be excluded from the scheme.

This variation will reduce the proposed number of contributors from 191 to 187, and also result in a small reduction in scheme funds of $1,861 per annum.

It is further proposed that the objections received do not constitute a majority, which would require a retraction of the proposed scheme, and therefore it is recommended that the scheme is considered for declaration.

Financial / economic issues

The proposed scheme will raise approximately $133,000 p.a and attributes 50% of levy funds collected to the ‘Capital Improved Value’ (CIV) of all rateable properties, with the remaining 50% being a flat charge (which varies depending on the location of the property).

Properties with ground floor frontages to Main St (unless otherwise stated) are listed as primary beneficiaries and attract the full charge component. Properties located in adjoining streets and arcades and those without a frontage to Main St, will receive a secondary benefit from the Special Rate and Charge Scheme (secondary beneficiaries). Secondary beneficiaries will be required to contribute 50% of the special charge amount applied to properties that are classified as primary beneficiaries. All properties that do not have ground floor frontages will be required to contribute 25% of the special charge amount applied to primary beneficiaries (third tier beneficiaries). Contributors will also be required to contribute to the scheme, based on a proportion of the CIV of affected properties.

The calculation of the Special Rate and Charge includes:

· A special charge of $487.65 per annum per primary beneficiary contributor with ground floor frontages to Main St (unless otherwise stated). A special charge of $243.83 per annum for all secondary beneficiaries, defined as ground floor properties without frontages to Main St and those located on Mt Dandenong Road, Thomas Brew Lane, Hewish Road, San Carlos Walk, Hewmart Arcade, Lacey St and Centreway Arcade, and those properties located between and including 12 to 44-48 Main St. A special charge of $121.91 per annum for all third-tier beneficiaries, defined as all first-floor properties.

· A further rate per contributor based on .000541987 cents in the dollar of the CIV of the rated property.

The first instalment of the Special Rate and Charge is due and payable one month from the date of the final Council resolution or, if an appeal is lodged, one month after the Tribunal decision is handed down.

Environmental / amenity issues

Not Applicable

Social / community issues

The application of a Special Rate and Charge Scheme, for the specified area, will be of special benefit for those persons required to pay the levy, as it is anticipated that improved promotion and marketing and the creation of a more vibrant and safe shopping centre will lead to increased patronage of the Centre.

Community consultation

The CMSTA had been actively petitioning operators within the Croydon Main St Shopping Centre since mid-January 2019, and have undertaken significant consultation with all affected businesses.

All businesses within the Croydon Main St. Shopping Centre were provided with information outlining the achievements of the current scheme, the proposal for a new scheme and the opportunity to express support, objection or indifference to a scheme renewal. The initial correspondence was followed by visits from representatives of the CMSTA to businesses that had not expressed a definite view. These visits were numerous, often resulting in 3 or more visitations. The consultation phase also included a number of meetings between representatives of the CMSTA and members of the Business and Activity Centre Development team.

This initial consultation by CMSTA (and subsequent petition), is not a requirement of the Local Government Act, but is a recommendation of Council’s ‘Promotional Special Rate and/or Charge Scheme Policy’ and is recognised as best practice when proposing a new scheme. This policy recommends majority support to be demonstrated, as part of the petition process, and also provides guiding principles to be considered when evaluating the level of support. Such parameters include the level of active objection, consideration of vacant tenancies and franchises or businesses that refer messaging to a corporate head office.

The following is a summary of the petition phase outcomes, as conducted by the CMSTA. With consideration of the above parameters, 108 businesses responded in writing to the proposed scheme. This response demonstrates:

· 72% (or 78 businesses) are supportive of a new scheme; and

· 28% (or 30 businesses) would not support a new scheme.

The initial consultation represented a significant positive response and provided a strong platform for Council to proceed to the next step in the process and consider submissions following a public exhibition period of the proposed scheme.

The public exhibition period resulted in three written submissions, consisting of two submissions against the proposed scheme and one in favour. In accordance with the Act, all submitters were provided with the opportunity to make a verbal submission before a Committee of Council - all submitters declined this opportunity.

A full overview of the public exhibition outcome/s is provided in the ‘Issue/Discussion’ element of this report.

If after consideration the decision is made to proceed, and the Scheme is declared and levied, those liable for payment have the opportunity of further appeal to the Victorian Civil and Administrative Tribunal.

This must be done within one (1) month of the date of issue of a Council levy notice.

Information outlining Council’s declaration of the scheme, the manner of payment, how an appeal can be made, and the grounds for appeal, will be attached to the Council levy notice.

Conclusion

Extensive consultation has been undertaken as part of the process for initiating the Croydon Main Street Shopping Centre Special Rate and Charge Scheme. Consideration of all submissions has been undertaken and one minor variation to the proposed scheme is recommended.

It is determined that the Croydon Main Street Shopping Centre Special Rate and Charge Scheme is a positive initiative which will enable businesses within the Centre to promote the unique qualities of the precinct and collectively enhance the viability of the Centre. It is further considered that all rateable properties within the designated area will derive a special benefit from the expenditure of Special Rate and Charge Scheme funds.

Attachments

1.	Attachment 1 AREA OF CROYDON MAIN STREET SHOPPING CENTRE
2.	Attachment 2 - Croydon Main St Special Rate and Charge Scheme contributors
3.	Attachment 3 Croydon Main St Special Rate and Charge Scheme Submissions

CONFIDENTIALITY

Not Applicable

RECOMMENDATION

That

1. council notes the submissions received following exhibition of the proposed CROYDON MAIN STREET SHOPPING CENTRE SPECIAL rate and Charge scheme

2. council having undertaken the necessary statutory procedures, and considering all written submissions, DECLARES A SPECIAL RATE and charge SCHEME FOR THE CROYDON MAIN STREET SHOPPING CENTRE

3. the following special rate and charge be declared:

i. A SPECIAL RATE and charge scheme IS DECLARED FOR THE PERIOD COMMENCING ON THE DAY WHICH COUNCIL ISSUES A NOTICE LEVYING PAYMENT OF THE SPECIAL RATE and charge AND CONCLUDING ON THE FIFTH ANNIVERSARY OF THAT DAY.

ii. THE SPECIAL RATE and charge IS DECLARED FOR THE PURPOSE OF DEFRAYING ANY EXPENSES IN RELATION TO THE PROMOTION, ADVERTISING, MARKETING AND DEVELOPMENT OF BUSINESSES WITHIN THE CROYDON MAIN STREET SHOPPING CENTRE WHicH PROJECT:

- COUNCIL CONSIDERS THERE IS OR WILL BE A SPECIAL BENEFIT TO THOSE PERSONS REQUIRED TO PAY THE SPECIAL RaTE and charge (AND WHO ARE DESCRIBED IN SUCCEEDING PARTS OF THIS RESOLUTION)

- ARISES OUT OF COUNCIL’S FUNCTION OF PLANNING FOR AND PROVIDING SERVICES AND FACILITIES FOR THE LOCAL COMMUNITY AND THE ENCOURAGEMENT OF COMMERCE

iii. THE TOTAL

- COST OF PERFORMING THE FUNCTION DESCRIBED IN PART ii OF THIS RESOLUTION BE RECORDED AS $$666,093 (over a 5 year period) AND

- AMOUNT FOR THE SPECIAL RATE and charge TO BE LEVIED BE RECORDED AS $666,093 OR SUCH OTHER AMOUNT AS IS LAWFULLY LEVIED AS A CONSEQUENCE OF THIS RESOLUTION

iv. THE FOLLOWING BE SPECIFIED AS THE AREA FOR WHICH THE SPECIAL RATE and charge IS SO DECLARED:

THE AREA WITHIN MUNICIPAL DISTRICT OF COUNCIL HIGHLIGHTED IN THE PLAN ATTACHED TO THIS RESOLUTION (“THE AREA”)

v. THE FOLLOWING BE SPECIFIED AS THE LAND IN RELATION TO WHICH THE SPECIAL RATE and charge SO DECLARED:

ALL LAND WITHIN THE AREA PRIMARILY USED OR ADAPTED OR DESIGNED TO BE USED FOR COMMERCIAL PURPOSES

vi. THE FOLLOWING BE SPECIFIED AS THE CRITERIA WHICH FORM THE BASIS OF THE SPECIAL RATE and charge SO DECLARED:

OWNERSHIP OF ANY LAND DESCRIBED IN PART 3iv OF THIS RESOLUTION

vii. THE FOLLOWING BE SPECIFIED AS THE MANNER IN WHICH THE SPECIAL RATE and charge SO DECLARED WILL BE ASSESSED AND LEVIED:

- A special charge of $487.65 per annum per primary beneficiary contributor with ground floor frontages to Main St (unless otherwise stated). A special charge of $243.83 per annum for all secondary beneficiaries, defined as ground floor properties without frontages to Main St and those located on Mt Dandenong Road, Thomas Brew Lane, Hewish Road, San Carlos Walk, Hewmart Arcade, Lacey St and Centreway Arcade, and those properties located between and including 12 to 44-48 Main St. A special charge of $121.91 per annum for all third-tier beneficiaries, defined as all first floor properties.

- A further rate per contributor based on .000541987 cents in the dollar of the CIV of the rated property.

viii. HAVING REGARD TO THE PRECEEDING PARTS OF THIS RESOLUTION BUT SUBJECT TO SECTION 166(1) OF THE ACT, IT BE RECORDED THAT THE OWNERS OF THE LAND DESCRIBED IN PART 3IV OF THIS RESOLUTION WILL PAY THE SPECIAL RATE AND CHARGE IN THE AMOUNTS SET OUT IN THE TABLE ATTACHED TO 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 s 163(4) OF THE ACT OR

- ONE MONTH AFTER THE DATE OF ANY DETERMINATION BY THE VICTORIAN CIVIL AND ADMINISTRATIVE APPEALS TRIBUNAL FOLLOWING THE HEARING OF ANY APPLICATION FOR REVIEW UNDER SECTION 185 OF THE ACT

WHICHEVER DAY LAST OCCURS OR

PAYMENT BY FOUR INSTALLMENTS TO BE PAID BY THE DATES WHICH ARE FIXED BY THE COUNCIL IN THE NOTICE LEVYING PAYMENT UNDER S 163(4) OF THE ACT.

ix. COUNCIL WILL, SUBJECT TO THE ACT, REQUIrE A PERSON TO PAY INTEREST ON ANY SPECIAL RATE AND CHARGE WHICH THAT PERSON IS LIABLE TO PAY AND HAS NOT BEEN PAID BY THE DATE SPECIFIED FOR ITS PAyMENT.

x. COUNCIL CONSIDERS THAT THERE WILL BE A SPECIAL BENEFIT TO THE PERSONS REQUIRED TO PAY THE SPECIAL RATE AND 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 RATE AND CHARGE, DIRECTLY AND INDIRECTLY, as a result of the expenditure proposed by the special rate AND CHARGE, in that the:

- viability of the precinct as a business, commercial, retail and professional area; and

- value and use, occupation and enjoyment of the properties included in the scheme,

will be maintained and enhanced through increased economic activity.

xi. COUNCIL FURTHER CONSIDERS, AND FORMALLY DETERMINES FOR THE PURPOSES OF SECTIONS 163(2)(A), (2A) AND (2B) OF THE ACT, THAT THE ESTIMATED PROPORTION OF THE TOTAL BENEFITS OF THE SCHEME 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 ALL OF THE PERSONS WHO ARE LIABLE TO PAY THE SPECIAL rate AND CHARGE IS IN A RATIO OF 1:1 (OR 100%). THIS IS ON THE BASIS THAT, IN THE OPINION OF COUNCIL, THE COMMUNITY BENEFIT IS NIL BECAUSE EXPENDITURE OF THE SPECIAL RATE AND CHARGE IS MARKETING, PROMOTION, ADVERTISING AND BUSINESS DEVELOPMENT RELATED AND WILL ACCORDINGLY ONLY BENEFIT THE OWNERS AND OCCUPIERS OF THOSE PROPERTIES INCLUDED IN THE SCHEME THAT ARE PRIMARILY USED, ADAPTED OR DESIGNED TO BE USED FOR COMMERCIAL PURPOSES

xii. THE SPECIAL RATE AND CHARGE SO DECLARED WILL REQUIRE THE PREPARATION OF A FUNDING agreement BETWEEN COUNCIL AND THE CROYDON MAIN STREET TRADERS ASSOCIATION TO FORMALISE THE ADMINISTRATIVE OPERATIONS OF THE SPECIAL RATE AND CHARGE, SUCH AGREEMENT BEING TO ENSURE THAT AT ALL TIMES, AND AS A PRECONDITION TO THE PAYMENT OF ANY FUNDS BY COUNCIL TO THE TRADERS’ ASSOCIATION, COUNCIL IS, AND REMAINS, LEGALLY RESPONSIBLE FOR APPROVING, DIRECTING AND CONTROLLING THE EXPENDITURE OF THE PROCEEDS OF THE SPECIAL rate AND CHARGE IN ACCORDANCE WITH ITS OBLIGATIONS UNDER THE ACT TO DO SO

4. council writes to all submitters informing them of council’s decision

5. COUNCIL AUTHORISES THE CHIEF EXECUTIVE OFFICER TO LEVY THE SPECIAL RATE AND CHARGE IN ACCORDANCE WITH SECTION 163(4) OF THE LOCAL GOVERNMENT ACT 1989

Director Strategy & Community – Phil Turner

Maroondah City Council Annual Report 2018/19	Item 2

Purpose

To consider the Maroondah City Council Annual Report 2018/19 prior to submission to the Minister for Local Government 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 3: 2019-2020) 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 2019 – 2020:

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

Priority Action 2019-2020:

Not Applicable

Background

The Annual Report provides a comprehensive report on Council operations to meet its commitment of open, responsive, consultative and accountable government. Within this report, Council meets all its statutory obligations under the Local Government Act 1989 (the Act).

The Annual Report is Council’s highest-level comprehensive report to the community outlining how it has met its annual objectives as articulated in the Council Plan Annual Budget. For Council’s report on operations for the 2018/19 financial year, these objectives are derived from Maroondah 2040: Our future together and Council’s long-term financial plan.

The primary objective of the Annual Report is to inform the Maroondah community and stakeholders of Council’s performance during 2018/19 against the objectives and priorities outlined in the Council Plan 2017-2021 (Year 2: 2018/19). Council’s achievements, challenges and future directions are considered under each community outcome area.

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 of the Act

· VAGO report on the Performance Statement prepared under section 133 of the Act

· Inclusion of relevant performance indicator results and checklist items from the Local Government Performance Reporting Framework as required by the Act.

Council is also required to provide a range of other statutory information through this report. This information can be found within the Corporate Governance and Statutory Information sections of the report.

This Council Report presents the full Annual Report 2018/19, incorporating audited financial statements with unqualified certification on the standard statements and performance statement provided by the Victorian Auditor General’s Office (VAGO).

The Annual Report comprises two sections - Part A: The Report of Operations and Part B: Annual Financial Report. These two parts combined provide a comprehensive view of Council’s performance in 2018/19.

Issue / discussion

Pursuant to section 131(6) of the Act, Council is required to prepare and submit an Annual Report to the Minister within three months of the end of each financial year.

Subject to Council endorsement, the Annual Report 2018/19 will be submitted to the Minister for Local Government and the document will be placed on public exhibition. Statutory advertising is to be undertaken as required by the Act. Copies of this Annual Report will be made available at Council service centres and libraries, and on the Council website.

Council at its meeting on 19 August 2019 approved in principle the 2018/19 financial statements as required by the Act. These have been signed unqualified by the Victorian Auditor General with statements included in this Annual Report 2018/19.

Section 134 of the Act also requires Council to hold a meeting to formally consider the report within one month of submission to the Minister and such meeting is to be advertised. The report will be formally considered at the Council Meeting to be held on 21 October 2019 at 7:30 pm.

Financial / economic issues

The cost of printing Council’s Annual Report 2018/19 is met within the current budget. A small number of Annual Report copies will be printed on recycled stock to meet statutory, administrative and community needs. The Annual Report will also be made available on Council’s website for download.

Environmental / amenity issues

Not Applicable

Social / community issues

Not Applicable

Community consultation

Pursuant to section 133 of the Act:

· After the Annual Report 2018/19 has been submitted to the Minister, Council must give public notice that the Annual Report has been prepared and can be inspected at the Council office and on the Council's website.

This consultation process will follow Council’s consideration of the Maroondah City Council Annual Report 2018/19.

Pursuant to section 134 of the Act, Council must:

· Consider the Annual Report at a meeting of the Council

· Advertise the report at least 14 days before the meeting is held

· Note the locations from which copies of the Annual Report can be obtained

· Keep the Council meeting open to the public while the Annual Report is discussed

In accordance with these provisions of the Act, an Ordinary Council Meeting to formally consider the Maroondah City Council Annual Report 2018/19 will be held on 21 October 2019.

A public notice will be placed in the Maroondah Leader newspaper providing formal notice of this meeting. Copies of the endorsed Annual Report 2018/19 will be made available to the public for inspection at the City Offices, Council’s Customer Service Centres, and Council’s website.

Conclusion

The Maroondah City Council Annual Report 2018/19 confirms that Council has made significant advances towards achieving the community vision articulated in Maroondah 2040: Our future together whilst maintaining responsible and sustainable management of Maroondah’s resources, assets, infrastructure and the natural environment. The report also outlines how Council has continued to meet its legislative responsibilities under the Local Government Act 1989

Attachments

1.	Maroondah City Council Annual Report - 2018/19 - V5 - 10 September 2019

CONFIDENTIALITY

Not Applicable

RECOMMENDATION

That COuncil

1. NOTES THE PREPARATION OF THE Maroondah City Council ANNUAL REPORT 2018/19

2. ENDORSES THE MAROONDAH CITY COUNCIL ANNUAL REPORT 2018/19 FOR SUBMISSION TO THE MINISTER FOR LOCAL GOVERNMENT

3. ENSURES COPIES OF THE ANNUAL REPORT 2018/19 ARE MADE AVAILABLE FOR PUBLIC INSPECTION FROM 18 SEPTEMBER 2019 AT COUNCIL SERVICE CENTRES AND ON COUNCIL’S WEBSITE


Director Development & Amenity – Andrew Fuaux
Petition - The Mall, Croydon South - Request for Council to Construct a Disability Discrimination Act Compliant Ramp	Item 2

Purpose

The purpose of the report is to update Council on the outcome of the investigation and recommendations in regard to a petition considered by Council at its meeting held on Monday 24 June 2019 requesting the construction of a Disability Discrimination Act (DDA) compliant ramp and additional disabled parking spaces in The Mall Shopping Centre, Croydon.

Strategic / policy issues

The following directions contained in Maroondah 2040: Our Future Together and the Council Plan 2017-2021 (Year 3: 2019-2020) provide the strategic framework that underpins the purpose of this report.

Outcome Area: An accessible and connected community.

Our Vision: In 2040, Maroondah is an accessible community for all ages and abilities with walkable neighbourhoods, effective on and off-road transport networks, and access to a range of sustainable transport options

Key Directions 2019 – 2020:

Ensure public buildings are accessible to people of all ages and abilities and promote high levels of accessibility in commercial premises.

Priority Action 2019-2020:

Not Applicable

Background

A petition was received by Council on 9 May 2019, containing 243 signatures requesting the construction of a DDA standard ramp between the car park and the private medical centre within The Mall shopping centre in Croydon South and additional disabled car spaces within the car park.

The prayer of the petition is as follows:

“The Petition of certain citizens of the State of Victoria draws to the attention of Maroondah City Council current pathways accessing Eastfield medical centre and Elation dental clinic pose a potential falls risk to the public. Any risk of falls is too great a risk to take and compromises the safety of our patients. As health professionals we endeavour to provide our patients with the best possible care which must include safe access to our premises.

The Petitioners therefore request that a disability access ramp be built and have at least two disability car spaces outside its front entrance”

The petition was tabled at the 24 June 2019 Council meeting at which time it was resolved as follows:

THAT COUNCIL

1. RECEIVES AND NOTES THE PETITION CONTAINING 243 SIGNATURES, REQUESTING THE CONSTRUCTION OF DISABLED PARKING BAYS AND A RAMP TO DDA STANDARD BETWEEN THE CAR PARK AND THE MEDICAL CENTRE IN THE MALL, CROYDON SOUTH.

2. DIRECTS OFFICERS TO INVESTIGATE THE NEED FOR A RAMP AT THIS LOCATION, THE APPROPRIATNESS OF THE LAYOUT AS PROPOSED BY THE PETITION AND IF REQUIRED, THE CONSTRUCTION OF A RAMP AT AN ALTERNATIVE LOCATION

3. DIRECTS OFFICERS TO INVESTIGATE THE NEED FOR ADDITIONAL DISABLED PARKING THROUGH PARKING SURVEYS OF THE EXISTING DDA SPACES IN THE SHOPPING PRECINCT.

4. SEEKS A REPORT ON THE OUTCOMES OF THE INVESTIGATIONS ABOVE FOR CONSIDERATION AT A FUTURE MEETING OF COUNCIL

5. OFFICERS ADVISE THE LEAD PETITIONER ACCORDINGLY

Council Engineers concurrently undertook a survey on various parking restriction options at The Mall shopping centre following a separate petition tabled at Council on 20 May 2019. The petition called for a section of the northern car park to be converted from unrestricted to 2P parking.

Both petitions were managed and submitted by a project management consultant engaged by the Eastfield Pharmacy business. Both petitions are aimed at supporting visitors to the medical centre and the dental clinic.

Issue / discussion

The location of the requested improvements at The Mall Shopping Centre is shown in Figures 1 and 2 below.

Figure 1 – Melways extract showing Petition request location

Figure 2 – Aerial Photograph showing existing conditions and proposed ramp

Planning and Building Regulation Requirements

Council’s Municipal Building Surveyor and Manager Planning have advised that there was no requirement as part of the development of the medical facility to construct a DDA standard accessible ramp between the private facility and the car park.

Suitability of the Ramp Proposed by the Petition

The layout of the requested improvements as proposed by the lead petitioner is shown in Figure 3.

Figure 3 – Drawing of Proposed DDA Ramp Improvements supplied by Lead Petitioner

As part of the detailed investigations and review of the proposal, Council Officers have reviewed all the titles relating to this area of the Mall, and note that the relevant Plan of Subdivision (P.S. 434442V), which demarcates land and common property boundaries for 111 Bayswater Road, 10 The Mall and 12 The Mall, does not provide for ongoing

guaranteed legal access for the community and the ramp as proposed by the petition would basically service private common property of the lots.

A drawing on the plan of subdivision of the proposed ramp shows its location in relation to the property boundaries and its service of the common property (refer Figure 4 below).

Figure 4 – Ramp Proposed by petition and interface with private property

Given the ramp layout as proposed by the petition will be serving private common property of three lots, and not the centre as a whole, there is no ongoing obligation for the sharing of this common property and in turn ramp access into the future. Therefore, as the future redevelopment of the private lots and common property may leave the ramp redundant for the general public and through access, it is recommended that the ramp location proposed be refused.

Is a DDA standard ramp required at this location?

There is an existing ramp on the western side of shopping centre linking the car park and the footpath (refer Figure 2). The path has a width of approximately 1m and has a longitudinal gradient ranging from 7.1% to 14.9%. The path also has a 5-10cm lip at the interface with the carpark. The existing ramp does not meet DDA requirements and as such requires significant reconstruction. Photographs of the ramp are shown in Figure 5 below.

Figure 5 – Existing Ramp from Carpark to Bayswater Road

Council Engineers inspected the shopping centre carpark and ramp on 21 June, 24 June, 27 June and 9 July 2019 at various times during the day, and in a variety of weather conditions, and identified:

· Some more physically vulnerable members of the community opted to use the existing ramp to access the medical facility instead of the existing stair case.

· Commuters arriving at the bus stop at the top of the ramp used the ramp to access the shopping centre; and

· The occasional pedestrian leaving the shopping centre and car park were observed to use the ramp.

The investigation found that the existing ramp has demonstrated use and it is reasonably assumed that some pedestrians from the residential catchment to the west of The Mall Shopping Centre may prefer to walk to the shopping centre and utilise the ramp noting it is the shortest path. The ramp also provides access to the bus stop from the shopping centre.

Based on a preliminary investigation, it was found that there is likely to be sufficient space within the car park reserve to re-align and upgrade the existing ramp to meet DDA requirements (subject to further detail to be confirmed during the design process such as services and other construction limitations).

It is therefore considered that the existing public ramp provides more community use and benefit than the proposed ramp which will only provide dedicated access to the adjacent medical centre and dental clinic.

Having regard to the above, it is therefore recommended that Council Engineers undertake further preliminary investigations into the design to upgrade the existing ramp to a DDA compliant ramp in the 2020/2021 financial year, and if feasible refer the project to Council’s DDA program for construction.

Are additional DDA compliant car parking bays required?

In providing the upgraded DDA compliant ramp, further consideration was also given to the request for the provision of a DDA parking space adjacent to the ramp. To determine the usage of the disabled car spaces within the northern car park, Council Engineers inspected and surveyed the car park on the dates listed below.

The occupancy of the disabled bay centrally located with the carpark was observed to be as follows:

· 8am, 10am, 12noon, 2pm and 4pm on 21 June 2019 - maximum of 1 space occupied at 10am;

· 8am on 21 June 2019 - no disabled spaces occupied

· 10am on 24 June 2019 - no disabled spaces occupied

· 11am on 8 July 2019 - no disabled spaces occupied

Based on the observed occupancy, it is considered that the existing DDA parking spaces currently meet the needs of the shopping centre.

It is also noted that excluding the two disabled bays within the northern car park, the medical centre is currently served by one (1) dedicated disabled space within a private car park. Due to the level difference between the car park and the medical centre, accessible users are required to make 75m loop to the medical centre frontage as shown in Figure 6 below.

Figure 6 – Path from the disabled space within private car park to medical centre frontage

By comparison, there is a similar walking distance of approximately 75m via from the existing centrally located disabled spaces via the car park and ramp - refer Figure 7.

Figure 7 – Path from existing disabled spaces to medical centre frontage

Notwithstanding the existing disabled spaces are currently meeting the needs of the shopping centre, an additional disabled space positioned closer to the southern section of the car park would eliminate the need to walk through the car park and reduce the walking distance to the existing medical centre. A concept is shown in Figure 8 below.

Figure 8 – Path from indicative disabled spaces to medical centre frontage

As such it is recommended that Council Engineers survey the shop owners when the design is undertaken, to determine the level of support for another disabled car space as requested in the petition, and if general support is garnered then the necessary changes will be made.

Financial / economic issues

The provision of DDA infrastructure tends to be more expensive than standard civil infrastructure based on lower construction tolerances (i.e. grading requirements) and the need to undertake detailed design. It is considered that the existing grades of the carpark will require significant alteration to meet DDA standards. It is estimated that the access ramp will cost approximately $60,000 to construct, and the disabled car space will cost approximately $15,000 to construct.

The ramp as proposed by the petition connects to private land. It is noted the private land may be redeveloped potentially leaving any connecting infrastructure redundant and with no guarantee of ongoing access rights over the land.

Environmental / amenity issues

The recommendation to upgrade the existing ramp to a DDA standard may require the removal of some minor areas of garden bed along the car park boundary.

Social / community issues

Further conversion of standard parking to disabled parking for the benefit of a single land use that may change in the future, reduces the supply of parking for other visitors to the shopping centre.

The existing ramp does not meet DDA requirements and may not be appropriate for accessible users.

Community consultation

Council will notify the lead petitioner and shop owners on the outcome recommended by Council and undertake consultation on the additional disabled parking proposed in accordance with the report recommendations.

Conclusion

It is recommended that the accessible ramp proposed in the petition should be refused on the basis it would service only private land given the lack of guaranteed access rights, and that the land may be redeveloped leaving any connecting infrastructure redundant or not serving the wider community.

Council Engineers carried out multiple inspections of The Mall Shopping Centre and noted there was sufficient usage of the existing non-compliant DDA ramp within the carpark to warrant an investigation of an upgrade, so it is more accessible for users.

It was also identified that while the existing two centrally located disabled car spaces within the northern car park are adequately serving the shopping centre, the shop traders should be surveyed when a design of the existing ramp upgrade is completed to determine the level of support for disabled car spaces near the ramp in the southern section of the car park. It is noted that additional disabled car spaces adjacent to the accessible ramp would significantly reduce the walking distance between the existing medical centre and nearest available disabled bays.

Attachments

Not Applicable

CONFIDENTIALITY

Not Applicable

RECOMMENDATION

That Council

1. Receives and notes the findings on the investigation into dda improvements within the mall shopping centre in croydon

2. does not support the request to construct the ramp as proposed by the petition

3. Directs officers TO undertake a more detailed investigation, including a design in the 2020/2021 financial year, to determine the feasibility of upgrading the existing ramp in the carpark for accessible users

4. DIrects officers to survey the shop owners to determine the need for additional disabled car spaces along the southern section of the car park

5. directs officers to refer the upgrade of the ramp if feasible, and additional disabled parking spaces if supported by the shop owners, to the capital works dda program for future construction

6. Officers advise the lead petitioner accordingly


Director Development & Amenity – Andrew Fuaux
Petition - The Mall Shopping Centre - Conversion of Unrestricted Parking to 2 Hour Parking	Item 3

Purpose

The purpose of this report is to update Council on the investigation conducted into a petition to convert twenty-four (24) unrestricted parking bays to 2-hour (2P) parking, within The Mall Shopping Centre car park, and provide a recommendation based on the investigation, in accordance with a recommendation from the Council report dated 20 May 2019.

Strategic / policy issues

The following directions contained in Maroondah 2040: Our Future Together and the Council Plan 2017-2021 (Year 3: 2019-2020) provide the strategic framework that underpins the purpose of this report.

Outcome Area: An Accessible Community

Our Vision: In 2040, Maroondah will be an accessible community for all ages and abilities with walkable neighbourhoods, effective on and off-road transport networks and access to a range of sustainable transport options.

Key Directions 2019 – 2020:

5.2 Work in partnership to provide improved accessibility and safety for transport users across all modes.

Background

A petition was submitted to Council on 24 April 2019 with nine (9) signatures from shop traders, requesting the conversion of twenty-four (24) unrestricted parking bays to two (2) hour parking, within The Mall Shopping Centre car park.

The prayer of the petition is as follows:

“The Petition of Businesses in Eastfield Mall, aim to draw the attention of Maroondah City Council to promote easy accessibility and increase transaction volume to all stores, by having a more diverse parking management scheme. This would still allow two thirds of the parking to remain the same, and one third of the carpark to continually encourage customers to visit and ensure parking spots are available at all times”

The Petitioners therefore request that the parking bay in front of Eastfield Medical Centre, Elation Dental Clinic and Bubba Pizza change to a maximum 2-hour parking limit.”

The petition was tabled at the 20 May 2019 Council meeting at which time it was resolved:

THAT COUNCIL

1. RECEIVES AND NOTES THE PETITION CONTAINING NINE (9) SIGNATURES, REQUESTING THE IMPLEMENTATION OF A TWO-HOUR PARKING RESTRICTION IN A SECTION OF THE MALL SHOPPING CENTRE CARPARK

2. OFFICERS INVESTIGATE PARKING WITHIN THE MALL SHOPPING CENTRE CARPARK AND, SUBJECT TO THE INVESTIGATION, UNDERTAKE A SURVEY OF SHOP OWNERS AND TRADERS TO DETERMINE THE LEVEL OF SUPPORT TO IMPLEMENT APPROPRIATE PARKING RESTRICTIONS

3. OFFICERS PREPARE A REPORT ON THE MATTERS RAISED IN THE PETITION FOR CONSIDERATION AT A FUTURE MEETING OF COUNCIL

4. ADVISES THE LEAD PETITIONER ACCORDINGLY

Issue / discussion

The location of the requested parking modification at The Mall Shopping Centre, and the specific parking bays is shown in Figure 1 and 2 below.

Figure 1 - Melways extract showing Petition request location

Figure 2 - Aerial photograph showing request location

A summary of the parking restrictions within the Shopping Centre is shown in Figure 3. Parking within the car parks is generally unrestricted with only the parallel kerbside parking along the shop frontages being short term parking restrictions.

The northern car parks contains approximately 82 car spaces (two of which are disabled parking spaces).

Council also recently constructed a purpose-built gravel car park towards the south of the shopping centre for use by shop traders and the car park is generally well occupied.

Figure 3 - Aerial photograph showing existing parking restrictions

Council Engineers carried out multiple parking surveys of the northern car park for the investigation and the findings are summarised below:

Based on duration of stay survey conducted on 19 June 2019 between 8am and 4pm, it was identified:

· That there was a peak parking demand at 12 noon when there was a maximum of 48 cars parked within the northern car park (a utilisation rate of 58%).

· Of the 107 unique cars that were recorded to have parked within the car park throughout the day:

- 67% of the cars parked two (2) hours or shorter (72 cars);

- 10% of the cars parked between two (2) hours and four (4) hours (11 cars);

- 10% of the cars parked between four (4) hours and six (6) hours (11 cars); and,

- 13% of cars parked eight (8) hours or longer (13 cars).

· Car parking spaces on the eastern side of the car park nearest to the shop frontages tended to be occupied first.

· Car parking spaces within the southern portion of the car park closest to the medical centre was observed to approach capacity in contrast with the remaining car park.

Supporting parking surveys were also conducted on 21 June 2019, 24 June 2019 and 27 June 2019, and it was found that parking behaviour was generally consistent with the duration of stay survey result carried out on 19 June 2019, with the following notable observations:

· Parking spaces on the eastern side of the car park closer to the shops were generally occupied.

· Parking within the northern car park approached capacity at 11am on 27 June 2019.

· The southern section of the northern car park comprising 24 car spaces was fully occupied.

· One commuter was observed to have parked their car in the car park before using the bus stop.

The southern gravel car park which is used mostly by staff, and is outside the scope of the petition, was not surveyed.

Based on the investigation, Council Engineers developed three parking restriction options and conducted a survey of the shops/businesses.

The parking options developed and included in the survey were as follows:

Option 1 - Restrict southern portion of car park as proposed by the petition

Option 2 - Restrict parking on the eastern side of the car park closest to the shop frontages

Option 3 - No changes to the existing parking changes i.e. all parking spaces to remain unrestricted

Option 1 - Restrict southern portion of car park as proposed by the petition

Parking within the southern section of the northern car park containing 24 car spaces would be restricted to 2-hour parking as proposed by the petition.

This section of the car park is the closest place to park for the shops that do not directly front the car park (Shops 23 to 43). It is envisaged the proposed restrictions would provide more customer parking for these specific shops noting on busier days, this section of the car park approached capacity.

This option is shown in Figure 4.

Figure 4 - Option 1: 2P parking restrictions southern section of northern car park

Option 2 - Restrict parking on the eastern side of the car park closest to the shop frontages

Parking within the northern car park closest to the shop frontages to be restricted to 2-hour parking. Under this option a total of 27 unrestricted spaces would be converted to 2P parking.

Based on the surveys, parking closest to the shop frontages were occupied first and typically by long term parking. Under this option, more short term visitor parking would be available closer to the shop frontages.

This option is shown in Figure 5.

Figure 5 - Option 2: 2P parking restrictions on eastern side of the northern car park

Option 3 - No changes to the existing parking changes i.e. all parking spaces to remain unrestricted.

A total of twenty-three (23) shop traders were sent a survey on 4 July 2019 and given until 2 August 2019 to provide a response. This represents all business currently trading in the centre.

A total of eight (8) surveys were returned to Council which is considered a low response rate.

It is noted that of the nine (9) shop traders that signed the petition:

· Five (5) of those shop traders did not submit the survey feedback form. For the purposes of analysis, it is assumed these shops have maintained their stance in line with the request of the petition.

· Three (3) shops that signed the petition changed their position through survey feedback. These shops subsequently indicated through the returned survey that they do not support any change to restrictions. These properties have therefore been recorded as a no change.

· One (1) shop reiterated their stance in support of the petition via the survey feedback.

A breakdown of the survey results is listed below and summarised as follows:

· Option 1 - 39.15% support (9 out of 23 shop traders)

· Option 2 - 4.35% support (1 out of 23 shop traders)

· No Change - 13% support (3 out of 23 shop traders)

· Did not respond - 43.50% (10 out of 23 shop traders)

* Results as summarised above includes the original petition signees that did not resubmit the survey feedback form.

The written feedback that was received has been summarised under the headings below.

Option 1 - Restrict southern portion of car park as proposed by the petition

· Provides better access for the medical centre

· If implemented, should be restricted between from 9am to 5pm Monday to Friday and 9am to 3pm Saturday.

Option 2 - Restrict parking on the eastern side of the car park closest to the shop frontages

· Provides parking closer to the shops for shop owners and leaves some spaces in the main car park for employees.

No change - No changes to the existing parking changes i.e. all parking spaces to remain unrestricted.

· No specific comment related to the scope of the petition.

On the basis of the investigation, survey responses and associated feedback, Council Engineers recommend making no changes to the parking restrictions within the car park on the following basis:

· Only 43% of the shop owners voted in favour of the introduction of a parking restriction (option 1 and 2).

· 13% of shop owners were against any change to the parking restrictions and 43% did not have any interest or view towards changing the restrictions.

One of the key directions from the Maroondah Parking Framework is for Council to “implement efficient and effective operational arrangements that support fair access to parking and enforce the strategic outcomes sought through parking management”. It is considered that the existing parking management measures can support both short-term and long-term visitors to the activity centre. This is supported by parking surveys which indicated:

· the car park was not observed to be fully utilised. The car park did approach capacity at 11 am on 27 June 2019, however, there were vacant parking spaces available.

· There was generally ample parking available at all other surveyed times.

· It is noted that restricting a portion of car parking may result in overflow parking in the surrounding residential streets.

It is noted that the existing shopping centre does not have any land uses that generate higher levels of parking associated with patron assembly for example, class-based recreational facilities, places of worship or educational facilities. If such a use is approved within the shopping centre, the parking conditions may significantly change and in such instances, it is considered that a review of parking restrictions may be justified, and any parking alteration response would be based upon investigatory surveys and centre wide support.

Financial / economic issues

Some business owners were of the view motorists unrelated to the shopping centre park their vehicles in the unrestricted car parks and use the nearby bus services. This practice would therefore reduce parking for visitors or employees to the shopping centre and impact economically on the centre.

Based on surveys conducted by Council Engineers (including surveys during the AM peak), only one commuter was observed to have parked their vehicle in the car park prior to using the bus stop. On this basis, it is not considered that the centres viability is impacted by external factors such as commuter parking to the extent that it is having an impact the viability of the shopping centre. It is noted that should the number of commuters using the carpark increase significantly this would potentially justify a review and implementation of a parking restriction to limit this practice.

Environmental / amenity issues

Not Applicable

Social / community issues

It is considered that shop owners and traders may rely on the unrestricted parking spaces for themselves and their employees. Reducing the quantity of unrestricted parking spaces may force traders and employees to park further away from the shopping centre.

Potential overspill parking into the surrounding residential streets reduces parking amenity for residents. Based on the survey observations it is not considered that the existing parking availability for traders is impacting on the availability of parking for the shopping centre customers.

Community consultation

As discussed in the report, The Mall shopping centre shop owners were surveyed to ascertain the level of support for the proposed restrictions. Refer to Issues/Discussion section for survey results.

Conclusion

Council Engineers carried out surveys of the northern car park within The Mall shopping centre and observed there to be free parking at all times notwithstanding there was one occasion where the car park approached capacity. Parking within the car park was generally short term in nature with 67% of identified vehicles parked for two (2) hours or less.

Shop owners within The Mall Shopping Centre were surveyed on a range of options. The survey results show 39% of the shops voted in favour of implementing restrictions in line with the petition, 4% of the shops voted in favour of implementing restrictions on the eastern end of the car park, 13% preferred leaving the car park as it is and 43% of shops did not respond to the survey.

On the basis of the investigation, survey response and associated feedback, Council Engineers recommend making no changes to the restrictions within the car park on the following basis:

· Only 43% of the shop owners voted in favour of the introduction of any kind of parking restrictions (option 1 and 2).

· 13% of shop owners were against any change to the parking restrictions, and 43% did not have any interest or view towards changing the restrictions.

· One of the key directions from the Maroondah Parking Framework is for Council to “implement efficient and effective operational arrangements that support fair access to parking and enforce the strategic outcomes sought through parking management”. It is considered that the existing parking management measures can support both short-term and long-term visitors to the activity centre. This is supported by parking surveys which indicated:

- the car park was never fully utilised. The car park did approach capacity at 11 am on 27 June 2019, however, there were vacant parking spaces available.

- There was generally ample parking available at all other surveyed times.

· Restricting a portion of the carpark being restricted may result in overflow parking in the surrounding residential streets.

While the survey produced a low response rate from traders in support of the proposed parking restrictions it is possible that demand could change due to internal factors such as a change to business operations within the centre or external factors such as public transport / commuter parking demands. In this case Council Engineers will review the parking restrictions should the impact of these factors become evident.

Attachments

Not Applicable

CONFIDENTIALITY

Not Applicable

RECOMMENDATION

That Council

1. Receives and notes the report and findings on the parking investigation ad shop trader survey for the mall shopping centre

2. not support the installation of parking restrictions as proposed by the petition

3. advises the lead petitioner accordingly


Director Development & Amenity – Andrew Fuaux
Public Lighting Policy	Item 4

Purpose

The purpose of this report is to present the outcomes of the public consultation for the Maroondah Public Lighting Policy to Council and to seek endorsement of the Policy and the supporting documents.

Strategic / policy issues

The following directions contained in Maroondah 2040: Our Future Together and the Council Plan 2017-2021 (Year 3: 2019-2020) provide the strategic framework that underpins the purpose of this report.

Outcome Area: A safe, healthy and active community

A clean, green and sustainable community

An accessible and connected community

An attractive, thriving and well-built community

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

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

In 2040, Maroondah will be an accessible community for all ages and abilities with walkable neighbourhoods, effective on and off-road transport networks, and access to a range of sustainable transport options.

In 2040, Maroondah will be an attractive community with high quality residential and commercial areas incorporating infrastructure that meets the needs and aspirations of all ages and abilities. A diverse range of housing options will be available and thriving activity centres will provide a broad range of facilities and services that meet community needs.

Key Directions 2019 – 2020:

1.2 Work in partnership to address community safety issues, with a focus on activity centre, public spaces, roads and public transport.

4.11 Strive to become a carbon neutral Council by implementing energy efficient initiatives and embracing clean energy solutions.

5.2 Work in partnership to provide improved accessibility and safety for transport users across all modes.

5.4 Work in partnership to provide a safe and efficient integrated transport network that enhances liveability, encourages a shift in travel modes and promotes Maroondah as a 20 minute city.

5.6 Advocate for and encourage the use of sustainable transport by enhancing local access to public transport, supporting behaviour change initiatives and enhancing the pedestrian and cycling network, including the provision of on-road bicycle lanes.

5.9 Promote streetscapes that encourage social interaction, physical activity and connection to the natural environment.

5.10 Work in partnership to improve walkability within and between neighbourhoods and activity centres through effective urban design, open space planning, wayfinding signage, improved public lighting and accessible infrastructure.

5.11 Enhance and promote Maroondah’s walking and cycling shared path network ensuring connecting with the wider Metropolitan Melbourne tail network.

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.

As noted above, the Maroondah Public Lighting Policy overlaps a number of themes within the Maroondah 2040 framework and in some cases, can be linked back to a number of directions within those themes.

Background

The Maroondah Public Lighting Policy will provide guidance on the design, installation and management of public lighting within the City of Maroondah.

The development of Public Lighting Policy was identified within the following Council strategies and plans:

· Maroondah Carbon Neutral Strategy and Action Plan 2014/15-2020/21

· Maroondah Sustainable Strategy 2016-2020

· Maroondah Physical Activity Strategy 2015-2020

In order to assist with the development of a Public Lighting Policy, Council officers engaged Ironbark Sustainability to develop a Public Lighting Position Paper and Public Lighting Guidelines.

The Public Lighting Position Paper outlines the position on lighting technical matters whilst the Public Lighting Guidelines outlines the requirements for specific lighting elements such as poles, lamps and timers.

The Public Lighting Policy will apply to lighting for Council managed roads, Council Reserves, Council car parks and adjacent to Council buildings. The Policy will not apply to internal building lighting, sports ground lighting and sports facility lighting.

The associated policy action plan has developed a number of actions to assist Council officers to implement the policy positions and focus on the operation, maintenance and asset renewal of existing lighting applications and capital works associated with new public lighting infrastructure.

Issue / discussion

Public lighting plays an important role in the safety and amenity of the community and helps to make public spaces more useable and enjoyable for all. By providing public lighting Council can reduce the risk of accidents and injuries and the hours that the community activities can be extended.

Lighting of roads plays an important part in the function of the road at night and other times during the day when visibility is low. In the past, a general approach was applied to lighting where lighting was typically provided on every second power pole on roads in urban areas, which was consistent with lighting schemes adopted by most councils at the time. Whilst for reserves and car parks, lighting was typically applied in response to requests from the community or user groups, which led to a non-uniform approach to lighting with significant variations between sites.

Public lighting on roads, and within some reserves and car parks, is typically unmetered, where it is operated and maintained by the distribution service provider, which for Council is AusNet Services, with Council paying a tariff for operation costs. A recent shift within the industry has seen distribution service providers shifting public lighting from the unmetered network grid onto metered supplies, transferring the ownership of the lighting to councils and with it, on-going operation and maintenance responsibilities.

The transfer of non-road public lighting to metered supplies presents opportunities for Council to be more flexible and innovative with new lighting schemes, where Council can implement lighting controls, such as timers or dimming, to reduce running costs and greenhouse gas emissions.

The presence of public lighting can have a significant influence in facilitating transportation mode shift and can assist in encouraging community members to change their travel behaviour, such that, cycling and walking (including to public transport) become regular forms of travel.

In addition, there are public health and social benefits that can be derived through increased participation in physical activity and that, similar to transportation mode shift, the presence of public lighting can have a high influence in encouraging participation in physical activity in the outdoor realm.

Public lighting can also help Council achieve its goal of becoming carbon neutral by 2020, through the replacement of energy intensive incandescent lighting to more efficient lighting alternatives such as LED and fluorescent lighting.

The Public Lighting Policy will provide direction for Council to implement best practice asset management for Council owned maintenance and repair procedures, and not only assist in providing a high level of service to the public, but also contribute to extending the serviceable life of an asset, thus lowering the capital cost required for asset renewal projects over time.

The Public Lighting Policy recommends the adoption of ten (10) policies which are listed below along with a brief description note:

Policy 1 - Council will engage a third-party designer as required to review designs proposed by developers for unmetered standard street lighting installations (where the road-related assets will be vested to Council) and metered lighting assets.

(By reviewing lighting designs, future lighting installation would be implemented to appropriate standards using the most efficient street lighting layout as required under the lighting guidelines.)

Policy 2 – Council will not stock decorative (non-standard) luminaires and poles for maintenance of unmetered public lighting.

(Storage of decorative lighting elements impacts on Council’s Operations team due to the space requirements to store these items. In addition, these items could remain in storage for lengthy periods of time where installations would occur outside of the warranty period. Note that a new Policy 10 was added after Stage 2 of the public consultation which builds on this policy in that Council will be seeking for SP Ausnet to adopt a decorative standard luminaire that will result in SP Ausnet being responsible for the asset including poles and luminaire. Accordingly, it is anticipated Council will no longer be responsible for the maintenance and replacement of these decorative lights and have no need to stock luminaires or poles for maintenance or replacement purposes.)

Policy 3 – Council will undertake proactive maintenance of metered public lighting assets that includes visor cleaning and either annual operation audits or four-yearly condition assessments.

(Undertaking proactive maintenance ensures that public lighting continues to operate efficiently and allows the condition of the assets to be routinely monitored.)

Policy 4 – Council will continue to replace unmetered mercury vapour street lights with more efficient LED street lights. Council will proactively explore additional renewal opportunities to achieve environmental benefits and cost savings and will consider options for the replacement of non-standard unmetered street lighting with standard street lighting.

(Replacing older street lights with LED street lights assist Council with its goal of becoming carbon neutral by 2020.)

Policy 5 – The use of solar lighting will be permitted only where grid connected lighting is not considered viable.

(Solar lighting typically has higher capital costs and maintenance / replacement costs due to the solar panels and batteries and would only be considered where the cost to install grid connected electricity is high.)

Policy 6 – Characteristic data will be collected by Council for any new non-standard unmetered street lighting assets that are installed. Characteristic data relating to existing non-standard unmetered street lighting will be collected opportunistically during bulk LED street upgrade works.

(Collecting data for non-standard unmetered street lighting assets allows Council officers to review and monitor this lighting infrastructure and liaise with AusNet Services regarding replacement of these assets were and when required.)

Policy 7 – Council will determine the locations and times of operations for metered public lighting assets, as well as the type of control that should be installed, such as dimmers, switches or sensors.

(Using controls on metered public lighting assets helps ensure the lights are functioning when needed by the community and reduces the lighting operating times, costs and energy consumption when they are not needed, and in turn this which helps Council achieve its target of becoming carbon neutral. In addition, the use of controls can help to prevent undesirable activity in some areas at night.)

Policy 8 – Council will require contractors tendering or quoting for public lighting works to demonstrate best-practice recycling and waste disposal standards. Where relevant this will include the requirement for contactors to provide evidence of appropriate recycling or disposal of materials.

(Encouraging a high level of recycling helps to reduce the amount of waste that is sent to landfill aids in carbon reduction and reduces costs and resource use which provides positive benefits to the environment.)

Policy 9 – This policy and the accompanying Public Lighting Guidelines will be subject to review every three to five years.

(Reviewing the Policy and supporting documents ensures that the documents are up to date with industry standards and best practice.)

Policy 10 - Council will advocate to AusNet services to make a broader range of technologies and products available for use on the unmetered network. This includes a broader range of colour temperature for LEDs and a broader range of approved non-standard decorative LEDs.

(Policy 10 was added following community consultation, including feedback on Policy 2, and addresses the need to maintain decorative lighting where it already exists, as well as consider lighting at lower colour temperatures, which are considered more environmentally sensitive to night time conditions.)

Financial / economic issues

Through the actions identified in the Public Lighting Policy, Council will continue the program of replacing old inefficient street lights with more energy efficient alternatives, which provides on-going savings to Council through reduced electricity costs for lighting.

In addition, the use of lighting controls, such as dimming, switching and sensors, further reduces energy consumption and therefore the overall lighting operating costs by providing flexibility for lighting schemes to dim lighting levels at times when usage is low and switch off lighting when it is not required.

Improved asset management of Council owned public lighting will also result in efficiency gains and cost savings.

Environmental / amenity issues

The Maroondah Public Lighting Policy will assist Council to become carbon neutral through the continuation of the street light bulk replacement program where energy intensive street lights are replaced with more energy efficient lighting alternatives. Additionally, the use of lighting controls on lighting schemes further reduces energy consumption by allowing lights to be dimmed or switched off when not required further reducing greenhouse gas emissions.

The presence of public lighting can have a high influence in facilitating transportation mode shift and can assist in encouraging community members to change their travel behaviour, such that, cycling and walking (including to public transport) become regular forms of travel, thereby reducing the community’s dependence on car-based travel. As more members of the community migrate to more active there are likely to be improved health and environmental outcomes.

Despite the benefits of public lighting, the way it is applied and managed needs must also be considered with regard to the impact of artificial light at night on the natural environment and local fauna as well as human health, particularly when it comes to light temperature and lighting pollution.

Social / community issues

The presence of public lighting can have a high influence in encouraging participation in physical activity in the outdoor realm. When lighting is provided on local residential streets and in parks and reserves, the community’s perceptions of safety within these areas at night are increased. This can therefore lead to the creation of vibrant and active public open space areas strengthening the community’s connections and having a positive influence on independent mobility within different demographics of the community.

The use of controls on lighting schemes can help to prevent undesirable activity in these areas at night, where lighting within parks and reserves can be switched off at night thereby discouraging the use of these areas. Discouraging the use of these areas late at night can help to reduce vandalism to Council assets and reduce Council’s costs with regard to maintenance and repair where vandalism has occurred.

The colour temperature of lighting is also considered to be a factor in terms of the impact on human health and as such this too must be considered carefully.

Community consultation

Community consultation on the Maroondah Public Lighting Policy and supporting documents was undertaken between 12 December 208 and May 2019, through Council’s online Your Say portal.

During Stage 1 (12 December 2018 to 1 April 2019) of this process, Council officers contacted key community and industry groups to specifically invite submissions. Also, residents living in in streets with decorative lighting were sent a letter / a Have Your Say Postcard, whereby approximately 540 letters were issued. This was done on the basis that the Draft Policy called for decorative lights to be replaced with standard street lights, which in theory would save Council money over time, as well as potentially produce a better lighting outcome.

Environmental groups also contacted Council in response to the Draft Policy, and raised concerns with lighting pollution, over lighting and lighting colour temperatures, and the impact of these elements on wildlife, as well as human health.

Stage 1 the engagement through the Maroondah Your Say platform can be summarised as follows:

During stage one of the consultation process, specifically with regard to the Decorative Lighting, 99 written submissions were received, of which 97 of the submissions were against the policy position to replace the decorative lights with standard (non-decorative lights), whilst only 2 submissions were supportive.

One of the submissions is detailed below, as an example of the main issues that were expressed by residents in relation to the replacement of the Decorative Lights with standard lighting.

“I don't believe that there is a need to upgrade the lighting in Collins Place, Ringwood North. On the basis that:

1. The existing lighting is attractive and therefore enhances the streetscape / environment.

2. The existing lighting is adequate for the street which carries minimal traffic and at low speeds.

3. Replacement of quality / attractive light poles with a lesser alternative is wasteful from a financial, material and environmental perspective.

4. The existing lights are in good order and there is no operational need to replace them.

“I believe that opportunity should be investigated to use the existing light structure (poles), with new energy efficient globes. Alternatively, replacement should be considered when / if dictated by an operational need.”

In relation to the environmental impacts of lighting, Council received the following feedback:

· Seven (7) submissions, including from the International Dark-Sky Association Victoria (IDAVic), which represents over 2000 members

· The submissions were generally complimentary to Council for creating a public lighting policy and for considering the environment as part of the policy.

· The main concern raised related to lighting colour by moving to LED lights

The issues raised from an environmental perspective can be summarised by the following two submissions;

“In the Greater Melbourne Area, it is very difficult to see many stars and planets in the night sky due to light pollution. Future generations deserve to be able to see it. Night lighting can also have an impact on wildlife and cause negative health effects in people.

My concern is around light pollution and disruption to wildlife sleep patterns and nocturnal behaviours. I hope that you will do the right thing and install lights that are 'wildlife friendly’.

I would submit that you ensure at a minimum (if not across all areas), that your reserves and natural spaces have wildlife friendly lighting. At the very least please consider lighting that has minimal light bleeding and DOES NOT fall in the blue light spectrum

I am delighted that the Plan includes timers/dimmers on street lighting in recognising that light at night only has value when it is actually needed. This is a big step forward in reducing light in the community at night.”

“I would like to congratulate Maroondah Council for its initiative in developing a public lighting policy. It is to be hoped that other Victorian councils will also follow Maroondah’s example to rationalise their lighting assets.

Any benefit of blue-rich light to vehicle safety is marginal, especially at normal illumination levels. There is no benefit to face recognition, which is crucial for a feeling of pedestrian safety at night. And the blue-rich light reduces visibility for older people, both drivers and pedestrians. Further, noting the likely health risks of such lighting, Council should have no difficulty in specifying a lower CCT, such as 3000K, for new lighting installations.”

Given the Stage 1 consultation identified two keys issues of significant concern to the community that were either not contrary to the relevant draft policy position or not adequately addressing all of the issues raised, being Decorative lighting and Environmental lighting, it was considered that revision of the respective policy positions and further consultation was required on these matters.

The stage 2 feedback, responding to the two key issues raised was run from 1 April 2019 to 19 May 2019.

For this second stage, two separate papers were developed, being the “Decorative Lighting Overview Paper" and the “Environmental Impacts Paper”. These papers responded to concerns raised in Stage 1 feedback, and proposed amendments to the policy in line with these concerns.

To address the Decorative lighting issue, the following suggested amendments to the Policy were presented for consultation:

The advocacy to SP Ausnet for the approval of non-standard post top LED luminaire is a lengthy and costly process. It is estimated that an approval process could take 12 to 24 months and cost in the order of $50,000. Given the issues raised will likely impact many other local government municipalities Council officers will seek to engage with other municipalities to potentially share some of the associated costs. Council officers will also engage with the MAV to determine whether this can be resolved at a regional or state wide level for local government.

In response to the Environmental concerns, the following suggested amendments to the Policy were presented for consultation:

At the commencement of Stage 2, contact was made with everyone who had made a submission to inform them of the updated papers, and the suggested changes to the policy in response to concerns raised.

Stage 2 the engagement through the Maroondah Your Say platform can be summarised as follows:

In relation to the decorative lighting issue, the consultation process undertaken received the following feedback:

· Seven (7) written responses were received:

· Two (2) supported the new approach for decorative lighting

· Five (5) reiterated previous Stage 1 feedback

The key comments received on the decorative lighting issue are summarised as follows:

“I support the proposed changes to the draft policy outlined in the Decorative Lighting Overview where council seeks additional information and approvals from Ausnet and others to try and retrofit decorative lights to LED upgrades. I support this as it aims to retain the existing visual appearance of the decorative lighting while upgrading to a more sustainable LED light.”

In relation to the Environmental issue, the consultation process undertaken received the following feedback:

· Four (4) written responses

· Two (2) submission received in support (including International Dark-Sky Association Victoria support)

The key comments received on the Environmental issue are summarised as follows:

“… a reasonable compromise about the correlated colour temperature of future public lighting in Maroondah. Though it does not quite go far enough in our opinion, we do understand the limitations such as the lack of lamp technology other than 4000k from AusNet Services. The other provisions in the report on light spill and lighting control are excellent. We hope that the Council will accept and act on the report.

In addition, we would like to take the opportunity to thank and congratulate the Council for embarking on such a careful and wide-ranging public consultation regarding their lighting policy. It sets an example for other councils in Melbourne and elsewhere to follow.”

Conclusion

The Maroondah Public Lighting Policy will provide bets practice guidance on the contemporary design, installation and management of public lighting within the City of Maroondah.

The policy will provide obvious cost and environmental benefits within a framework that will achieve lighting to areas within the municipality providing for more transport options for the community as well as the safe and effective use of local residential streets, parks and reserves.

A robust process of consultation was undertaken on the draft policy, with two key issues emerging, being decorative street lighting and the environmental impact of LED lighting. Additional technical reports were developed that responded to these concerns, and the Policy and supporting documents have been updated to incorporate the key elements of community feedback.

It is considered that the Maroondah Public Lighting Policy, associated technical documents and action plan has sufficient public support demonstrated through the consultation process for it to be adopted as a Council Policy.

Attachments

1.	Maroondah Public Lighting Policy September 2019
2.	Maroondah Public Lighting Position Paper
3.	Maroondah Public Lighting Guidelines
4.	Maroondah Public Lighting Action Plan

CONFIDENTIALITY

Not Applicable

RECOMMENDATION

That Council

1. notes and considers the maroondah public lighting policy and the supporting documents, being the public lighting position paper, public lighting action plan and public lighting guidelines

2. notes and considers the outcome of the public consultation process and the subsequent updates to the policy and supporting documents

3. endorses the maroondah public lighting policy, supporting documents and policy action plan

4. makes the documents publicly available on the council website

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Acting Director Corporate Services – Tony Rocca

Attendance Report	Item 1

acting Director Corporate Services – tony rocca

Council Honours / Recognition of Milestones & Achievements Policy	Item 4

Director Development & Amenity – Andrew Fuaux

Municipal Fire Management Plan	Item 1