• Abstract and Figures
• Public Full-text

0

PROPOSED MINUTES OF THE COUNCIL MEETING HELD AT THE COUNCIL CHAMBER, MORELAND CIVIC CENTRE, 90 BELL STREET, COBURG ON WEDNESDAY 9 AUGUST 2017

The meeting commenced at 7 pm and closed at 11.12 pm.

Present: Time in Time out Cr Helen Davidson (Mayor) 7 pm 11.12 pm Cr Samantha Ratnam (Deputy Mayor) 7 pm 11.12 pm Cr Natalie Abboud 7 pm 11.12 pm Cr Sue Bolton 7 pm 11.12 pm Cr Annalivia Carli Hannan 7 pm 11.04 pm Cr Ali Irfanli Cr John Kavanagh 7 pm 11.12 pm Cr Dale Martin 7 pm 11.12 pm Cr Mark Riley 7 pm 11.12 pm Cr Lambros Tapinos 7 pm 11.12 pm Cr Oscar Yildiz JP 7 pm 11.04 pm

APOLOGIES: Leave of absence has been granted to Cr Irfanli - 4 August 2017 to 5 September 2017 inclusive

OFFICERS: Chief Executive Officer – Nerina Di Lorenzo Director Corporate Services – James Scott Director City Infrastructure – Grant Thorne Acting Director Social Development – Kristen Cherry Acting Director Planning and Economic Development – Sue Vujcevic Acting Executive Manager Organisation Development – Sarah Myles Manager Property and Governance – Olivia Wright Unit Manager Governance – Sally Curran

PROPOSED Minutes of the Council Meeting held on 9 August 2017 (D17/293367) 1 DECLARATION OF INTERESTS AND/OR CONFLICTS OF INTEREST:

Cr Davidson declared a conflict of interest in Council report DCS43/17 Approval for Mayor to Attend Two Forums in Taiwan (D17/282143), describing a direct interest as Cr Davidson is the person impacted by the matter.

CONFIRMATION OF MINUTES:

Cr Ratnam moved, Cr Kavanagh seconded that the minutes of the Council meeting held on 12 July 2017 and the Council meeting held on 24 July 2017 be confirmed, with the following amendment –  The name of last resident who asked a question in question time is corrected to Shaun Knott. Carried

PETITIONS: PET25/17 SAVE THE NUMBER 5 SPOTTED GUM IN CHAMP STREET, COBURG A petition (D17/297389) has been received containing 50 signatures requesting Council to preserve the Spotted Gum known as ‘number 5’ situated on Council land in Champ Street, Coburg, aligned with the Pentridge Prison wall opening.

Cr Bolton moved, Cr Carli Hannan seconded that - Council resolves: 1. The petition be received and noted. 2. The petition be referred to the Director City Infrastructure for consideration. 3. Any proposed action is emailed to all Ward Councillors, allowing 7 days for Councillor feedback. 4. The petition organiser be advised of this action. Carried

REPORTS FROM COMMITTEE TO COUNCIL: RCC24/17 FAMILY AND CHILDREN'S SERVICES ADVISORY COMMITTEE MARCH 2017 (D17/233436) The minutes of the Family and Children’s Services Advisory Committee meeting held on 1 March 2017 are provided for Council’s information. Key items discussed  Committee process  Council Plan  Australian Early Years Developmental Census  Early Years Strategy

Cr Ratnam moved, Cr Kavanagh seconded - That Council: 1. Resolves that the report from Committee to Council be received and noted. 2. Notes the following items as raised by the Committee: a) There still exists a significant gap in early childhood outcomes for Indigenous children.

PROPOSED Minutes of the Council Meeting held on 9 August 2017 (D17/293367) 2 b) There is a need to further align and connect services for children and families and to help them to know about available services. Council could play a more extensive role in information provision. c) The impending implementation of National Disability Insurance Scheme (NDIS) is raising concern among families, especially those with children receiving or eligible for early childhood intervention, as the pathways and services are changing. Information provision is important, and Council should have a role in this. Carried

QUESTION TIME: Public question time commenced at 7.12 pm QT83/17 MARK FINN - C161 AMENDMENT Mr Finn raised concerns about abandoning C161 Amendment in order to put the amendment under the Urban Growth Zone and spoke about the merits of the amendment. Cr Ratnam responded to the statement.

QT84/17 ANTONIJA PERIC - URBAN FOREST STRATEGY Ms Peric enquired how it is possible that Yarra City Council spends more on its tree program than Moreland City Council? The Mayor, Cr Davidson noted the question of tree planting and maintenance would be considered as part of the Urban Forest Strategy being considered tonight. At the request for further information by Cr Bolton, the response provided by Director City Infrastructure, Grant Thorne is summarised as:  The Urban Forest Strategy is a comprehensive document and widely accepted by the community and there is appropriate spending on planting and maintaining trees.

QT85/17 MICHAEL HAMEL-GREEN - CHAMP STREET SPOTTED GUM TREE Mr Hamel-Green on behalf of Pentridge Community Action Group in relation to the protection of the Champ Street number 5 spotted gum tree and asked what Council’s plans were in relation to the tree. Mr Hamel-Green enquired if Council had sought other options, such as negotiating with the developer to create a tree island, or lodging a VCAT appeal. The Mayor, Cr Davidson responded to the statement.

QT86/17 MICHAEL HAMEL-GREEN - COMMONWEALTH BANK Mr Hamel-Green asked a question in relation to Councils banking arrangement, which is summarised as:  In light of recent news reports, why is Council continuing to bank ratepayers funds with the Commonwealth Bank?  The Commonwealth Bank has faced serious allegations in regards to financial advice and allegations of money laundering.  The Commonwealth Bank has known to be investing in fossil fuels, the Adani Cole Mine and nuclear weapon related industries and has alleged to have failed to conduct climate change risk policies.

PROPOSED Minutes of the Council Meeting held on 9 August 2017 (D17/293367) 3 At the request of the Mayor. Director Corporate Services, James Scott responded as summarised:  Council is aware of the recent issues/allegations;  Council currently has a contract with the Commonwealth bank for transactional services;  Council uses a number of banks for different activities;  There are a limited number of banks large enough to provide transactional services; and  Council will take environmental and social issues into account when bank services are next tendered.

ON7/17 HELEN KRATZMANN - CAMPBELL RESERVE UPGRADE Ms Kratzmann enquired what are Council’s plans for upgrade of the pavilion and pitch. Will the plans be advertised and will there be community consultation to the broader community about the redevelopment, or is Council only consulting with the soccer club. The Mayor advised this question will be taken on notice.

QT87/17 BRIAN SNOWDEN - PLANNING APPLICATION MPS/2016/906 - 102 MCBRYDE STREET, FAWKNER Mr Snowden made the following enquiries about the planning application at 102 McBryde Street, Fawkner:  Has Council or the EPA tested the soil on the median strip bordering the street at the front of the property?  Did Council have the report from the Third Edge Group in relation to soil testing at the time of my initial meeting with Council’s Planning Department? Sue Vujcevic, Acting Director Planning and Economic Development advised there will be a detailed planning report going to Urban Planning Committee on 23 August 2017, which will respond to the questions.

QT88/17 SHANE MCDERMOTT - HOPE STREET BUS Mr McDermott stated that as a group, the Hope Street Bus Supporters Group acknowledges the support Council has given in the past. Mr McDermott asked if Council:  Will assist with the distribution of flyers to promote a community event on 22 August in support of the Hope Street bus route; and  Write to the Transport Minister the Hon. Jacinta Allen, seeking improvements to the bus route? Cr Bolton noted a proposed urgent business item in relation to the matter. At the request of the Mayor, Dr Di Lorenzo advised further discussions may assist to identify how best to support the group publicise the event.

QT89/17 SEAN PICKARD - TOILETS AT COBURG LIBRARY MEETING ROOM Mr Pickard enquired why the toilets have not been opened at the meeting rooms at Coburg Library when Council resolved 2 months ago to open these toilets.

PROPOSED Minutes of the Council Meeting held on 9 August 2017 (D17/293367) 4 At the request of the Mayor, Director City Infrastructure Grant Thorne responded to the question as summarised:  Grant Thorne noted Council’s resolution regarding the opening the meeting room toilets; and  Noted at a subsequent meeting Council resolved not to proceed with opening the Coburg library toilets.

QT90/17 LAUREN HOLLAND - TOY LIBRARY FUNDING Ms Holland made the following enquiries regarding the Moreland Toy Library:  Is Council able to provide certainty that the report on ongoing funding will be tabled at the October meeting?  When will the storage shed at the Pascoe Vale Community Centre to house the Moreland Toy Library’s collection be ready for occupation? Cr Ratnam acknowledged the report had been delayed. Dr Di Lorenzo stated that the date of the report and construction timeframes will be confirmed directly to Ms Holland.

QT91/17 DAVID BULL - PEDESTRIAN SAFETY AT MORELAND ROAD AND NICHOLSON STREET, COBURG Mr Bull asked in relation to the Moore Street and Nicholson Street pedestrian safety items raised at the July 2017 Council meeting, how can residents and Council work with VicRoads and Yarra Trams to improve pedestrian safety around speeding trams? At the request of the Mayor, Grant Thorne responded as summarised:  A response to this July 2017 questions is forthcoming;  Officers regularly meet with agencies; and  Council can discuss with this issue with Yarra Trams at the next meeting.

Question time concluded at 7.45 pm

ON NOTICE ITEMS FROM PREVIOUS COUNCIL MEETING: ONR3/17 ON NOTICE ITEMS (D17/240891) The following items were taken on notice at previous Council meetings.  Public toilets, Coburg – Mr Hamel-Green  Car stackers – Mr Stuart Colvin  Heritage Action Plan – Ms Peric

Resolution Cr Abboud moved, Cr Yildiz seconded - That Council notes the on notice items from previous Council meetings. Carried

PROPOSED Minutes of the Council Meeting held on 9 August 2017 (D17/293367) 5 COUNCIL REPORTS: DCS41/17 ASSEMBLY OF COUNCILLORS RECORD 1 JUNE 2017 TO 30 JUNE 2017 (D17/17456) Pursuant to Section 80A of the Local Government Act 1989, an Assembly of Councillors Record must be reported to the next practicable Council meeting and recorded in the minutes. The Assembly of Councillors Record for the period 1 June 2017 to 30 June 2017 is presented at Attachment 1. Officer recommendation: That Council resolves to receive and note the Assembly of Councillors Record for the period, 1 June 2017 to 30 June 2017 at Attachment 1.

Resolution: Cr Martin moved, Cr Abboud seconded- That Council resolves to receive and note the Assembly of Councillors Record for the period, 1 June 2017 to 30 June 2017 at Attachment 1. Carried

DCS42/17 INSTRUMENT OF DELEGATION FROM COUNCIL TO POSITIONS IN THE ORGANISATION (D17/46601) Section 98(1) of the Local Government Act 1989 (the Act) provides that Council may, by instrument of delegation, delegate to a member of its staff any power, duty or function of a Council under the Act or any other Act, other than certain specified powers. Other Acts also empower a Council to delegate certain powers, duties or functions. For example, section 188 of the Planning and Environment Act 1987 and section 58A of the Food Act 1984, empower Councils to delegate their powers under those Acts to members of Council staff. The purpose of this report is to recommend that Council approves an updated Instrument of Delegation from the Council to various positions in the organisation. Delegations are essential to enable Council staff to effectively carry out operational duties particularly in areas that involve enforcement, such as town planning, local laws, environmental health, building enforcement, asset protection, animal management and parking control. Delegations are to a role or position title, rather than to a person. So when there are changes to organisation titles, roles or responsibilities, delegations need to be reviewed, and often, updated. Sections 86(6) and 98(6) of the Act require that Council reviews any delegations in force within 12 months of a general election. Delegations must also, by law, be available for public inspection. The existing delegation from Council to various positions in the organisation was approved on 9 September 2015. Since this time, changes have occurred to roles, titles and responsibilities of council officers, and also to the titles and substance of some Acts and regulations. These updates are administrative and do not change any of the current delegations from Council. Officer recommendation: That Council, in the exercise of the powers conferred by section 98(1) of the Local Government Act 1989 (the Act) and the other legislation referred to in the S6 Instrument of Delegation at Attachment 1 to this report, resolves: 1. To delegate to the members of Council staff holding, acting in or performing the duties of the offices or positions referred to in the S6 Instrument of Delegation from Council to Staff, at Attachment 1 to this report, the powers, duties and functions set out in that Instrument, subject to the conditions and limitations specified in that Instrument.

PROPOSED Minutes of the Council Meeting held on 9 August 2017 (D17/293367) 6 2. That the Instrument comes into force immediately the common seal of Council is affixed to the Instrument. 3. That on the coming into force of the Instrument all previous delegations from Council to members of Council staff, other than the Chief Executive Officer, are revoked. 4. That the duties and functions set out in the Instrument must be performed, and the powers set out in the Instruments must be executed, in accordance with any guidelines or policies of Council that it may from time to time adopt.

Resolution: Cr Kavanagh moved, Cr Ratnam seconded - That Council, in the exercise of the powers conferred by section 98(1) of the Local Government Act 1989 (the Act) and the other legislation referred to in the S6 Instrument of Delegation at Attachment 1 to this report, resolves: 1. To delegate to the members of Council staff holding, acting in or performing the duties of the offices or positions referred to in the S6 Instrument of Delegation from Council to Staff, at Attachment 1 to this report, the powers, duties and functions set out in that Instrument, subject to the conditions and limitations specified in that Instrument. 2. That the Instrument comes into force immediately the common seal of Council is affixed to the Instrument. 3. That on the coming into force of the Instrument all previous delegations from Council to members of Council staff, other than the Chief Executive Officer, are revoked. 4. That the duties and functions set out in the Instrument must be performed, and the powers set out in the Instruments must be executed, in accordance with any guidelines or policies of Council that it may from time to time adopt. Carried

Appointment of Temporary Chairperson

Cr Kavanagh moved, Cr Martin seconded that Cr Ratnam be appointed as temporary Chairperson. Carried Cr Ratnam assumed the chair at 7.47 pm. 7.47 pm Cr Davidson left the Council Chamber in light of the conflict of interest disclosed in this matter.

DCS43/17 APPROVAL FOR MAYOR TO ATTEND TWO FORUMS IN TAIWAN (D17/282143) The Mayor, Helen Davidson, has received an invitation from the ICLEI – Local Governments for Sustainability – Oceania region to attend the following two events in Taiwan: 1. 2017 International Forum on Climate Change and City Transformation (Climate Change forum) 2. EcoMobility World Congress (EcoMobility forum) New Taipei City and Kaohsiung City have offered to cover costs of the Mayor’s flights and accommodation to attend the Climate Change and EcoMobility forums respectively. The International Forum on Climate Change and City Transformation is purported to focus on action items in order to achieve The Paris Agreement. It is also intending to serve as a platform for city leaders to share their experiences in tackling issues related to climate change and city transformation.

PROPOSED Minutes of the Council Meeting held on 9 August 2017 (D17/293367) 7 Invitations to the EcoMobility forum were sent to a select group of Governors, Mayors and Deputy Mayors from local governments of all world regions leading the field of sustainable urban transportation. The EcoMobility forum involves a ‘Mayors Roundtable’ on what urban mobility is as a means to create liveable cities, and includes a Mayor’s Banquet, and international press conference and the Mayor’s EcoMobility Ride, and Closing Plenary to present a declaration. The messages from the declaration are intended to serve as the inputs for local governments and their key strategic partners towards the United Nations Climate Change Conference to be held in Bonn, Germany in November 2017. These initiatives are in line with many council polices, initiatives and advocacy efforts to create a more sustainable city; and a city where residents are more able to walk to services they need, rather than drive to them. Given that there is a full day (and therefore two nights) between the two events, there is a question of who will pay for the accommodation for the Mayor to get to the second event as they are in different locations. It is conceivable that the organisers will pay, however at the time of writing this report, this was unknown. Domestic transportation between the two cities is covered by the offers from New Taipei City and Kaohsiung City as encouragement for Mayors’ to attend both events. If the full cost of accommodation is not covered by the organisers, the estimated cost to Council is estimated to be approximately $190 (150 USD) per night, for a maximum of three nights. Participation at the two events has the potential to be of great value to Moreland. It is unlikely to create a conflict of interest for the Mayor or Moreland as the conference organisers and hosts are based on Taiwan. Officer recommendation: That Council: 1. Notes the significance of the 2017 International Forum on Climate Change and City Transformation and EcoMobility World Congress to be held in September and October 2017 in Taiwan, and particularly that the output of the Eco Mobility forum will be presented at the United Nations Climate Change Conference in Germany later this year. 2. Endorses the Mayor to attend the 2017 International Forum on Climate Change and City Transformation and EcoMobility World Congress to be held in September and October 2017 in Taiwan as the representative of Moreland City Council. 3. In accordance with the Councillor Travel, Accommodation and Personal Expenses Policy, approves the travel of the Mayor to Taiwan for attendance at the 2017 International Forum on Climate Change and City Transformation and EcoMobility World Congress to be held in September and October 2017 4. Accepts the offer of flights and accommodation to both forums, to be paid by New Taipei City and Kaohsiung City. 5. Approves the costs of necessary accommodation for the Mayor to attend the two forums in the event that the organisers do not cover this (estimated to be less than $570). All accommodation costs are to be in accordance with the Councillor Travel, Accommodation and Personal Expenses Policy.

Resolution: Cr Kavanagh moved, Cr Abboud seconded - That Council: 1. Notes the significance of the 2017 International Forum on Climate Change and City Transformation and EcoMobility World Congress to be held in September and October 2017 in Taiwan, and particularly that the output of the Eco Mobility forum will be presented at the United Nations Climate Change Conference in Germany later this year.

PROPOSED Minutes of the Council Meeting held on 9 August 2017 (D17/293367) 8 2. Endorses the Mayor to attend the 2017 International Forum on Climate Change and City Transformation and EcoMobility World Congress to be held in September and October 2017 in Taiwan as the representative of Moreland City Council. 3. In accordance with the Councillor Travel, Accommodation and Personal Expenses Policy, approves the travel of the Mayor to Taiwan for attendance at the 2017 International Forum on Climate Change and City Transformation and EcoMobility World Congress to be held in September and October 2017. 4. Accepts the offer of flights and accommodation to both forums, to be paid by New Taipei City and Kaohsiung City. Carried 7.49 pm Cr Davidson returned to the Council Chamber and resumed the Chair. DCS44/17 FINANCIAL RESERVES AND CAPITAL MANAGEMENT POLICY (D17/280651) A Financial Reserves and Capital Management Policy has been developed for Moreland City Council to provide a strategic and operational framework in which to administer Council’s cash assets. Council has experienced strong financial results over the past few financial years and has developed the practice of establishing reserves to use the surplus funds for future major capital projects. Council has an existing Borrowing Strategy and Investment Strategy. This policy completes the Capital Management framework. The policy outlines the purpose and administration of financial reserves and closes the gap missing in the Borrowing Strategy for the management of Council’s cash. The policy has been reviewed and endorsed by the Audit and Risk Committee and included as Attachment 1. Officer recommendation: That Council approves the Financial Reserves and Capital Management Policy at Attachment 1.

Resolution: Cr Ratnam moved, Cr Martin seconded – That Council approves the Financial Reserves and Capital Management Policy at Attachment 1. Carried

DCS45/17 PROPOSED LAND SWAP - WATERLOO ROAD, GLENROY (D17/216731) Lay Brothers own land at 358 Waterloo Road, Glenroy. Council has a fragmented car park abutting their site and a public toilet which is currently locked and not in operation. Lay Brothers also own a parcel of land in the middle of Council’s car park as shown in Attachment 1. A land swap proposal has been endorsed by Council to enable both parties to consolidate their fragmented land parcels. The proposed land swap of part of 358 and part of 366 Waterloo Road, Glenroy is a strategic result for both Council and for Lay Brothers. At the April 2017 Council meeting (DCS19/17), Council resolved that procedures be commenced for the sale of land pursuant to the provisions of section 189 of the Local Government Act 1989.

PROPOSED Minutes of the Council Meeting held on 9 August 2017 (D17/293367) 9 A public notice of the proposed sale was placed in the Moreland Leader newspaper and on Council’s website. In addition to this statutory requirement, Council mailed over 500 letters to owners and occupiers in the immediate vicinity of the subject site advising them of the proposal and inviting them to make a submission. One submission was received and was presented to the Urban Planning Committee on 28 June 2017 (DCS34/17). The submitter did not speak to their submission. Council has satisfied its statutory requirements and is now in a position to make a decision regarding the proposed land swap. Officer recommendation: That Council: 1. Notes public notice was placed in the Moreland Leader newspaper and on Council’s website on 24 May 2017, regarding Council’s intention to sell part of its land at 366- 370 Waterloo Road, Glenroy by private treaty to Lay Brothers for the construction of an Aldi store, and of its intention to lease part of its land at 366-370 Waterloo Road, Glenroy to Lay Brothers, to be used as a carpark by Aldi. 2. Notes one submission was received and was presented to the Urban Planning Committee at its meeting on 28 June 2017. 3. Having satisfied the statutory requirements of sections 189 and 190 of the Local Government Act 1989, sells part of its land at 366-370 Waterloo Road, Glenroy by private treaty to Lay Brothers and leases part of its land at 366-370 Waterloo Road, Glenroy by private treaty to Lay Brothers. 4. Authorises the Director Corporate Services be authorized to do all things necessary to affect the sale of part of its land at 366-370 Waterloo Road, Glenroy by private treaty to Lay Brothers, at no less than 90% of its current market value, including the execution of all relevant documentation. 5. Authorises the Director Corporate Services to do all things necessary to affect the lease of part of its land at 366-370 Waterloo Road, Glenroy by private treaty to Lay Brothers, including the execution of all relevant documentation.

Resolution: Cr Kavanagh moved, Cr Martin seconded - That Council: 1. Notes public notice was placed in the Moreland Leader newspaper and on Council’s website on 24 May 2017, regarding Council’s intention to sell part of its land at 366-370 Waterloo Road, Glenroy by private treaty to Lay Brothers for the construction of an Aldi store, and of its intention to lease part of its land at 366-370 Waterloo Road, Glenroy to Lay Brothers, to be used as a carpark by Aldi. 2. Notes one submission was received and was presented to the Urban Planning Committee at its meeting on 28 June 2017. 3. Having satisfied the statutory requirements of sections 189 and 190 of the Local Government Act 1989, sells part of its land at 366-370 Waterloo Road, Glenroy by private treaty to Lay Brothers and leases part of its land at 366-370 Waterloo Road, Glenroy by private treaty to Lay Brothers. 4. Authorises the Director Corporate Services be authorized to do all things necessary to affect the sale of part of its land at 366-370 Waterloo Road, Glenroy by private treaty to Lay Brothers, at no less than 90% of its current market value, including the execution of all relevant documentation.

PROPOSED Minutes of the Council Meeting held on 9 August 2017 (D17/293367) 10 5. Authorises the Director Corporate Services to do all things necessary to affect the lease of part of its land at 366-370 Waterloo Road, Glenroy by private treaty to Lay Brothers, including the execution of all relevant documentation. Carried

DCS46/17 NEW FINANCE, PAYROLL, AND HR SYSTEMS - TENDER CONTRACT 552ST (D17/269970) Council has conducted a procurement process for the provision of a new finance, payroll, and human resources (HR) software solution. Council’s current systems are up to 10 years old, and in the case of the finance system, the developer is no longer upgrading the product. Initial market scans indicated Council’s operational expenditure on the current systems is higher than market alternatives. Accordingly, the major objectives in the selection of a new finance, payroll, and HR solution was to:  Ensure that the new system enhanced the functionality available to Council, thus improving the customer service experience to both internal and external customers and stakeholders;  Provide sustainable and consistent operational cost savings to Council;  Leverage the latest advances in IT infrastructure technologies, including cloud architecture, and reduce operational and corporate risk;  Improve transparency to Council’s financial performance, thus assisting current continuous improvement efforts across Council.

The proposed contractual agreement with Council’s preferred supplier will deliver on all of these objectives. This project is an example of the work being undertaken to improve services and reduce costs while working within the rate cap environment. Operational savings of about $270,000 per annum (post implementation) from this project will enable further investment in upgrading Council technology and lessen the requirement for capital funding from the capital works program for such projects. Officer recommendation: That Council: 1. Accepts Open Office Pty Limited (ABN 24 191 392 900) as Council’s preferred supplier. 2. Authorise the Director Corporate Services to do all things necessary to execute contracts and any other required documentation. 3. Authorise the resultant contractual agreement with Open Office for a Finance, Payroll, and HR solution with associated services be for an original term of 2 years, with an optional 10 extension periods of 1 year each. 4. Requests all tender responders be advised of Council’s decision in this matter. 7.53 pm Cr Yildiz left the Council Chamber.

PROPOSED Minutes of the Council Meeting held on 9 August 2017 (D17/293367) 11 Resolution: Cr Martin moved, Cr Riley seconded - That Council: 1. Accepts Open Office Pty Limited (ABN 24 191 392 900) as Council’s preferred supplier. 2. Authorise the Director Corporate Services to do all things necessary to execute contracts and any other required documentation. 3. Authorise the resultant contractual agreement with Open Office for a Finance, Payroll, and HR solution with associated services be for an original term of 2 years, with an optional 10 extension periods of 1 year each. 4. Requests all tender responders be advised of Council’s decision in this matter. Carried

DCI40/17 CLEANER STREETS FOR MORELAND (D17/241213) At the February 2016 meeting, Council resolved via a General Business item (GB7/16) that a report be prepared on how Council can continue to address the issues of street litter bins, street sweeping and weed management. A report was presented at the March 2016 Council meeting (DCI15/16) highlighting new initiatives that were being investigated to improve the cleanliness of our city. As a result, Council resolved to: 1.Acknowledge the work proposed in relation to improving cleanliness of streets within the municipality. 2.Undertake the trials for street litter bins, weed management and street sweeping as noted in the report. 3.Receive a report in 12 months highlighting what has occurred, improvements within the area and any ongoing action that may be required. 4.That Council receives a report on undertaking a 12 month trial of installing recycling bins on Sydney Road, Coburg and Sydney Road, Brunswick to further encourage recycling. A report was received at the Council meeting held on 12 July 2017 (DCI32/17), which responded to point 4 of the above resolution. This report responds to all other points in the original General Business item. Three other processes were identified in this report that were being reviewed to identify improvements within these services to increase efficiency, with:  street litter bins;  street sweeping; and  street weed spraying. These reviews and trials have been completed resulting in efficiency gains within each process, and noticeable improvements with services delivered. This report will highlight the improvements gained from the reviews, ongoing improvements identified and other initiatives that have been identified to improve street cleanliness within Moreland. Officer recommendation: That Council: 1. Notes this report and the ongoing improvements made in relation to street cleanliness. 2. Investigates further role out of smart bins similar to the Big Belly unit.

PROPOSED Minutes of the Council Meeting held on 9 August 2017 (D17/293367) 12 7.58 pm Cr Yildiz returned to the Council Chamber and resumed his seat.

Resolution: Cr Martin moved, Cr Tapinos seconded - That Council: 1. Notes this report and the ongoing improvements made in relation to street cleanliness. 2. Investigates further role out of smart bins similar to the Big Belly unit. Carried

DCI41/17 MORELAND URBAN FOREST STRATEGY 2017 - 2027 (D17/249276) At the Council Meeting held on 12 April 2017, Council received a report, Draft Urban Forest Strategy (DCI15/17), and resolved to:  Endorse (DCI15/17) the draft Urban Forest Strategy 2017-2027 (UFS) for community consultation between 1 May 2017 and 29 May 2017.  Prepare tree planting scenarios for the community during the UFS consultation period outlining the cost/benefit of the different scenarios. The scenarios should include at least maintaining the current 5000 trees, planting out all vacant locations now, altering the mix of trees (saplings vs mature trees) and other scenarios to achieve maximum canopy coverage in the public land earlier.  Receive a further report at a future Council meeting highlighting community feedback and presenting the final strategy for consideration.  Prepare a summary document once the final strategy is adopted. The community consultation process ran from 1 May 2017 to 29 May 2017, inviting residents and key stakeholders to make submissions regarding the draft strategy and vote on an annual planting scenario. 257 submissions were received on the general strategy and 246 votes were received on the annual planting scenarios. Additionally, Council has undertaken extensive community consultation on the draft strategy across the municipality including; five community forums, community engagement at 14 events and 12 meetings with key community groups and key stakeholders. The feedback was very detailed, comprehensive and very positive and helped form the final strategy, with many constructive suggestions and recommendations for improvement (Attachment 1). Common themes from the feedback included; a call for more greening of Moreland’s streetscapes and parks through planting larger canopy trees, improvements to the planting and maintenance practices, an increase in species diversity and protection of trees. The survey responses to the planting scenarios supported the strategic direction of planting 3,500 annual street tree and 750 park/creek trees, with 60% of respondents supporting this. This report presents the key themes from community consultation and presents the final Moreland Urban Forest Strategy 2017-2027 (Attachment 2) for adoption. The final strategy will provide great outcomes for the community including doubling tree canopy coverage in the public realm by 2030, increasing planting footprint into creeks and parks, improving planting and maintenance processes, provision of a detailed street tree planting plan and investigating processes to protect significant trees. Officer recommendation: That Council: 1. Notes the key feedback arising from the extensive community consultation process. 2. Adopts the final Moreland Urban Forest Strategy 2017 – 2027 at Attachment 2.

PROPOSED Minutes of the Council Meeting held on 9 August 2017 (D17/293367) 13 3. Prepares a summary document of the adopted strategy.

Resolution: Cr Martin moved, Cr Abboud seconded - That Council: 1. Notes the key feedback arising from the extensive community consultation process. 2. Adopts the final Moreland Urban Forest Strategy 2017 – 2027 at Attachment 2. 3. Prepares a summary document of the adopted strategy. 4. Adopts the strategy with a goal to planting 5,000 trees per year with adequate resources for planting within season and ongoing maintenance to best ensure survival. 5. Notes that adequate budget resources have been allocated in the 2017-2018 budget to achieve these planting and maintenance goals. Amendment Cr Bolton moved, Cr Tapinos seconded that an additional point 6 be added as follows: 6. For a report to come to back to the October Council meeting detailing and analysing the costs of various tree planting scenarios, including ongoing costs such as maintenance and watering, so that Councillors can make an informed decision on the $500,000 budget allocated to the tree planting program in the 2017-2018 budget. The amendment was lost The substantive motion was carried unanimously

DSD26/17 FLEMING PARK MASTER PLAN REFRESH (D17/246671) Fleming Park is a 4.38 hectare park located in Brunswick East, bounded by Albert Street to the south and Victoria Street to the north. The park is heavily utilised by the local community for dog walking and play, in addition to a number of community and sporting groups using the site for physical activity and community meetings, including; the Moreland Lacrosse Club, Moreland City Band, East Brunswick Bocce Club, Brunswick Bowls Club and a number of seniors groups (Clarrie Wohlers Centre). A master plan was completed for Fleming Park in 2014 (DSD14/14), with principles and a site development plan adopted. The 2014 master plan process highlighted that many of the existing buildings at the park were not fit for purpose. It also indicating that there was unmet demand for community facilities and open space in the area. The population of Brunswick East is projected to increase by 56% by 2036. In light of this growth, there are competing tensions and demands for different forms of community and open spaces in Brunswick East. In the context of Fleming Park, this requires a ‘check in’ of the master plan, and associated decision relating to the grand stand (DSD28/14), to ensure a thorough understanding of current and future demand of the precinct. To enable this to occur, a ‘refresh’ of the master plan is proposed to confirm the principles that will be applied to management of the site, and confirm the most appropriate future land uses for the park, to ensure it has the best ability to meet the needs of the community in the

PROPOSED Minutes of the Council Meeting held on 9 August 2017 (D17/293367) 14 long term.

Officer recommendation: That Council: 1. Commences a refresh of the Fleming Park Master Plan as outlined in this report. 2. Receives a report on the outcomes of the project to refresh the Fleming Park Master Plan in February 2018. 8.25 pm Cr Bolton left the Council Chamber.

Resolution: Cr Riley moved, Cr Ratnam seconded - That Council: 1. Commences a refresh of the Fleming Park Master Plan as outlined in this report. 2. Receives a report on the outcomes of the project to refresh the Fleming Park Master Plan in February 2018. Carried 8.27 pm Cr Bolton returned to the Council Chamber. DSD27/17 TREVOR (TURBO) BROWN COMMEMORATION (D17/250311) Trevor (Turbo) Brown was a talented Latje Latje man who spent much of his time in Brunswick working as an artist. He was well known to many in Brunswick, often seen working or selling his work along Sydney Road. Turbo was a well-regarded artist with work in both the National Gallery of Victoria and National Gallery of Australia collections. He won the 2012 Deadly Art Award, Victoria's highest honour for an Indigenous artist, for his painting Owl Dreaming. Also in 2012, Turbo created an exhibition especially for Bunjilaka Aboriginal Cultural Centre titled Last Man Standing. Sadly, Turbo passed away in early 2017. At Council’s February 2017 meeting, Council resolved to:  Acknowledge the passing of Trevor (Turbo) Brown and convey its condolences to his family; request officers to liaise with his family to consider an appropriate memorial to acknowledge his important work and contacts Mildura Rural City Council to investigate the possibility of a similar memorial’ (NOM1/17). This report outlines various Council initiatives which supported Turbo’s work over the past 5 years. Council purchased three of Turbo’s works for the Moreland Art Collection and commissioned both a public art mural and documentary film featuring this talented local artist. Given this, it is recommended that a plaque is commissioned and installed in a location synonymous with Turbo to commemorate his contribution to Moreland. Officer recommendation:

PROPOSED Minutes of the Council Meeting held on 9 August 2017 (D17/293367) 15 That Council installs a plaque to commemorate Trevor (Turbo) Brown in a location in Brunswick synonymous with Turbo.

Resolution: Cr Abboud moved, Cr Riley seconded - That Council- 1. Investigates a suitable location to permanently exhibit a piece of Trevor ‘Turbo’ Brown artwork with an accompanying artwork label and Biography. 2. Continues discussions with the Office of Geographic Names Victoria for proposed use of Trevor ‘Turbo’ Brown as a Commemorative Name.

3. If the use of Trevor ‘Turbo’ Brown is approved as a Commemorative Name, seeks a suitable location (street/park/building etc) to name in his memory. Carried

DSD28/17 MORELAND ARTS BOARD TERMS OF REFERENCE (D17/261359) The Moreland Arts Board is an important mechanism for Council to engage with community and obtain local input and expertise, which informs planning and decision making for the arts and culture program. The Moreland Arts Board’s role is to:  Develop and advise Council on policy and annual priorities relating to the arts;  Act as a body for marketing; fostering understanding and appreciation of the positive role that the arts have in supporting the development of cultural opportunities;  Encourage community involvement and networks and promote participation in the arts;  Make recommendations to Council regarding acquisitions for the Moreland Art Collection;  Provide a structure through which the views and interests of the Moreland community can be articulated for the attention of Council and its staff; and  Contribute to any future review of Council’s involvement in facilitating the arts in Moreland that may occur. Over the past 4 years the Moreland Arts Board has participated in advising Council on the 2017–2022 Arts and Culture Strategy, recommending works for the Moreland Art Collection and informing various Council initiatives such as the Celebrating Place Grants, a public art audit and Making it in Moreland. Members of the Moreland Arts Board have also participated in selection panels for the Counihan Gallery in Brunswick’s annual program and Summer Show as well as the recent tender for the management of the Brunswick Mechanics Institute. The current tenure of members ends in August 2017. In preparation for advertising expressions of interest for Moreland Arts Board members, the terms of reference have been reviewed and updated. Officer recommendation:

PROPOSED Minutes of the Council Meeting held on 9 August 2017 (D17/293367) 16 That Council: 1. Endorses the Moreland Arts Board terms of reference at Attachment 1 to this report. 2. Notes the process to appoint members to the Moreland Arts Board for 2017-2021 will include an expression of interest process with recommendations for appointments to be made to Council.

Resolution: Cr Riley moved, Cr Carli Hannan seconded - That Council: 1. Endorses the Moreland Arts Board terms of reference at Attachment 1 to this report. 2. Notes the process to appoint members to the Moreland Arts Board for 2017-2021 will include an expression of interest process with recommendations for appointments to be made to Council. Carried

DSD29/17 2017 BRUNSWICK MUSIC FESTIVAL AND SYDNEY ROAD STREET PARTY (D17/262755) The Brunswick Music Festival was successfully delivered by Council for the first time in over 20 years in 2017. It featured 38 events, including 2 free community events in the Sydney Road Street Party and Music for the People, engaged over 500 artists, 166 stall holders and traders, and was attended by over 60,000 people over 2 weeks. This report provides both an overview of the 2017 Brunswick Music Festival and Sydney Road Street Party and also responds to the items raised at the March 2017 Council meeting, which including commenting on the outcomes based on the key performance criteria used in previous years. 10 out of the 17 Key Performance Indicators formerly required of Performing Arts Moreland (PAM) were met or exceeded, 2 were under achieved (by between 1.5% and 7.5%) and 5 were not relevant in the context of Council producing these events. It is important to note however that these were not formally applied during the planning process for these events as they were developed for a significantly different context. It is recommended that new and more relevant objectives are developed for these events in consultation with the Moreland Festivals Reference Group. The objectives of the 2017 Brunswick Music Festival were informed by a 2016 consultation, where attendees expressed that they wanted the festival to reflect the diversity of the community, including gender and genre, highlight local artists and venues and feature more collaborations (cross-cultural, international/local, art form). This feedback informed the programming of the festival, exemplified through events such as Unity for International Women’s Day, Listen Records Party at the Triple R Performance Space and Wantok at the Wick at Wick Studios. In response to considerations requested at the March Council meeting and following feedback from evaluation and debriefs held for the 2017 Festival, moving the official opening time of the Sydney Road Street Party can be trialled at the 2018 event, and measures to ensure events are accessible and DDA compliant will be improved. Extending the Street Party hours is not feasible, or in the event’s interest, for both safety and budgetary reasons. Officer recommendation: That Council:

PROPOSED Minutes of the Council Meeting held on 9 August 2017 (D17/293367) 17 1. Develops new objectives and performance indicators for the Brunswick Music Festival and Sydney Road Street Party in line with changes to their delivery model. 2. Trials moving the official opening of the Sydney Road Street Party to a later time in 2018. 3. Notes that it is not feasible to extend the duration of the Sydney Road Street Party beyond 7 pm. 4. Continues to develop a more inclusive program in regard to both diverse community engagement and accessibility.

Resolution: Cr Ratnam moved, Cr Riley seconded - That Council: 1. Develops new objectives and performance indicators for the Brunswick Music Festival and Sydney Road Street Party in line with changes to their delivery model. 2. Trials moving the official opening of the Sydney Road Street Party to a later time in 2018. 3. Notes that it is not feasible to extend the duration of the Sydney Road Street Party beyond 7 pm. 4. Continues to develop a more inclusive program in regard to both diverse community engagement and accessibility. Carried

DED67/17 AMENDMENT C164 - BRUNSWICK ACTIVITY CENTRE INDUSTRIAL LAND REZONING - DECISION GATEWAY 1: AUTHORISATION AND EXHIBITION (D17/203790) Amendment C164 will implement the land use directions of the Moreland Industrial Land Strategy 2015-2030 (MILS) within the Brunswick Activity Centre (BAC). Implementing the MILS is a key item in Council’s 2016-2017 and 2017-2018 Council Action Plan; Amendment C164 will allow Council to deliver this action. The Brunswick Activity Centre Structure Plan Reference Document 2016 (BACSP), adopted by Council in October 2016, sets out Council’s vision for the BAC. It includes specific strategies to achieve the vision, including a strategy to undertake rezonings where required to give effect to the MILS. The MILS categorises all industrial land into one of three strategic categories as follows:  Category 1 - maintain land for industry and other employment uses;  Category 2 - support a transition to a broader range of employment uses and seek to prioritise employment uses over residential uses; or  Category 3 - support change in some areas to facilitate quality residential development that contributes to housing supply. Amendment C164 will facilitate new employment and housing opportunities on underutilised industrial land that is well serviced by existing infrastructure and public transport. The rezoning of this land will encourage new development and employment opportunities, which will add to the vibrancy and mix of uses within the activity centre and assist in achieving Council’s vision for the BAC. To achieve this, Amendment C164 proposes to:  Rezone Category 2 Employment Areas and Category 3 Transition-residential Areas within the BAC;

PROPOSED Minutes of the Council Meeting held on 9 August 2017 (D17/293367) 18  Make changes to Design and Development Overlay Schedules 18, 19 and 20, including expanding their extent to include properties which are rezoned; and  Apply the Parking Overlay and Environmental Audit Overlay to address car parking and potential contamination issues. Subject to Council’s resolution, it is proposed to undertake public exhibition of Amendment C164 over September-October 2017 and to report submissions back to Council in November 2017. This will form part of Decision Gateway 2 - Submission Review and Panel Request for the amendment. Officer recommendation: That Council: 1. Writes to the Minister for Planning to seek Authorisation to prepare Amendment C164. Amendment C164 seeks to: a) Make changes to Design and Development Overlay Schedules 18, 19 and 20 as shown at Attachments 2, 3 and 4. b) Rezone Category 2 Employment Areas and Category 3 Transition-residential Areas as shown in Attachment 5. c) Apply the Parking Overlay and Environmental Audit Overlay as shown in Attachment 6. 2. Following receipt of the Minister’s Authorisation of Amendment C164, proceed to public exhibition in accordance with Section 19 of the Planning and Environment Act 1987. 3. Endorses the Public Consultation Plan contained at Attachment 7. 4. Adopts a revised Brunswick Activity Centre Structure Plan Reference Document 2016 at Attachment 8 which has been updated to reflect the changes proposed to the planning scheme by Amendment C164. 5. Provides the Director Planning and Economic Development delegated authority to prepare Amendment C164 and make changes based on: any conditions imposed in Council’s resolution or the authorisation granted by the Minister for Planning; and any changes to the relevant documents to correct errors and grammatical changes.

Resolution: Cr Yildiz moved, Cr Kavanagh seconded - That Council: 1. Writes to the Minister for Planning to seek Authorisation to prepare Amendment C164. Amendment C164 seeks to: a) Make changes to Design and Development Overlay Schedules 18, 19 and 20 as shown at Attachments 2, 3 and 4. b) Rezone Category 2 Employment Areas and Category 3 Transition- residential Areas as shown in Attachment 5. c) Apply the Parking Overlay and Environmental Audit Overlay as shown in Attachment 6. 2. Following receipt of the Minister’s Authorisation of Amendment C164, proceed to public exhibition in accordance with Section 19 of the Planning and Environment Act 1987. 3. Endorses the Public Consultation Plan contained at Attachment 7. 4. Adopts a revised Brunswick Activity Centre Structure Plan Reference Document 2016 at Attachment 8 which has been updated to reflect the changes proposed

PROPOSED Minutes of the Council Meeting held on 9 August 2017 (D17/293367) 19 to the planning scheme by Amendment C164. 5. Provides the Director Planning and Economic Development delegated authority to prepare Amendment C164 and make changes based on: any conditions imposed in Council’s resolution or the authorisation granted by the Minister for Planning; and any changes to the relevant documents to correct errors and grammatical changes. Carried

DED68/17 CITY DEVELOPMENT ACTIVITY REPORT - JUNE QUARTER 2017 (D17/239825) The June quarter and the 2016-2017 financial year in general has had lower levels of activity in the planning area following 3 record years of growth. Even with the reduced number of applications in 2016-2017, planning applications have still increased by 10% since 2010. It is considered that economic forces and the significant, and well overdue increase in planning fees in October 2016, have had an impact on the number of applications being lodged. Decisions on planning applications were also high but lower than the levels of previous financial years. The higher number of decisions in previous years were partly attributed to significant use of contract staff and large amounts of staff overtime. The high decision making reduced the backlog slightly but it still remains high at 570. A pleasing result again in the June quarter was that timeframes reduced despite high workloads with 64% of applications determined within the 60 day statutory timeframe being higher than the inner metropolitan average of 58%. Overall in 2016-2017 Moreland determined 58% of applications within 60 days compared to the inner metropolitan average of 55%. Subdivisions which result from development approvals saw slightly lower levels of activity in the June quarter. Overall in 2016-2017 numbers were lower following a year of significant growth in 2015-2016. VCAT activity was slightly higher in the June quarter and the percentage won or mediated was 61% which was lower than the usual averages of around 70%-80%. However this data was skewed by a number of losses against refusals to extend the time of permits rather than refusals about the merits of the developments themselves. Overall in 2016-2017 appeal numbers were slightly down but the percentage won or mediated remained high at 77%. Planning enforcement has seen a huge increase in activity with a 21% increase in 2016 alone. This has continued through 2017. In the June quarter 107 planning enforcement cases were lodged compared to 81 in the March quarter. 107 cases in 1 quarter is very high compared to previous years. Additional temporary resources have been allocated to this area to address the backlog and that has already yielded results with outstanding cases falling from 233 in June 2016 to 153 at the end of June 2017. This is a 34% drop in the backlog. The number of outstanding building compliance cases in the municipality remains high but has once again reduced slightly. A significant amount of work in this area has shown dramatic improvements in the numbers of outstanding cases in the past two years as the number of outstanding cases has halved. Despite the significant improvements there is still a focus on these cases due to their high risk. Council’s proactive building program for private swimming pool safety barriers met and exceeded its targets for 2016-2017 however, the proactive essential safety measures (ESM’s) program did not reach its target in this quarter, or for the financial year. The implementation of a new team structure as part of the building services review in June will enable this target to be met in the 2017-2018 financial year. Environmental Health inspection data shows a 53% inspection rate of class 1 and 2 premises within the municipality. A 50% result by end of June means the team are on track for a 100% result by end of calendar year.

PROPOSED Minutes of the Council Meeting held on 9 August 2017 (D17/293367) 20 Combined efforts by the building, environmental health and planning teams to resolve high risk illegal boarding houses has seen 30 cases resolved this quarter with 19 cases remaining at the end of June quarter compared to 45 at the end of June 2015. This is an excellent result in resolving these high risk cases for Council. Overall, City Development Services are managing to produce good results in the face of increased compliance requests and a high outstanding caseload brought about by a number of years of increased levels of activity. The planning application outstanding caseload and increasing planning and building compliance caseloads are areas to continue to monitor closely. Officer recommendation: That Council notes the City Development Activity Report – June Quarter 2017. 8.35 pm Cr Yildiz left the Council Chamber.

Resolution: Cr Kavanagh moved, Cr Ratnam seconded – That Council notes the City Development Activity Report – June Quarter 2017. Carried

DED69/17 AMENDMENT C170 - GRONN PLACE, BRUNSWICK WEST (D17/252766) The Victorian Government has committed to renewing 11 estates as part of a $185 million Public Housing Renewal Program. This program was announced under the Homes for Victorians policy in March 2017. A key part of this policy is the transformation of ageing public housing estates with housing that meets modern standards. The renewal of Gronn Place in Brunswick West is part of this program. Further information on the renewal program can be obtained from the Department of Environment, Land, Water and Planning (DELWP) website https://www.planning.vic.gov.au/policy-and- strategy/housing-strategy/social-housing-renewal-program. The Department of Health and Human Services (DHHS) is preparing Planning Scheme Amendment C170 to facilitate a rezoning to redevelop land at Gronn Place and Kitchener Street, Brunswick West, which is currently used for public housing. The Minister for Planning is the Planning Authority for this amendment. The Minister for Planning has also appointed a Standing Advisory Committee to provide advice on the suitability of planning proposals to facilitate the renewal and redevelopment of existing public housing estates to increase the supply of social housing. Specifically, the amendment proposes to:  rezone land;  introduce new planning overlays to guide future development;  provide for reduced car parking rates;  add strategic directions and objectives to the Local Planning Policy Framework; and  add the Minister for Planning as Responsible Authority. All details on Amendment C170, including the proposed planning scheme provisions, will be able to be viewed via the DELWP website referenced above once the Minister for Planning/Department of Environment, Land, Water and Planning publicly exhibits it August 2017. Council officers have undertaken a preliminary assessment of the proposed amendment (based on draft information provided by DHHS officers on 17 July 2017). The preliminary assessment included the following considerations: the local context which informs development of appropriate built form guidance including addressing reasonable development opportunities; access to activity centres, public transport routes and pedestrian

PROPOSED Minutes of the Council Meeting held on 9 August 2017 (D17/293367) 21 and bicycle infrastructure; the suitability of the proposed planning tools (e.g. zone and overlays selected); and alignment to the objectives and outcomes of Moreland’s existing Local Planning Policy Framework and adopted strategies. The proposed amendment has also been assessed taking into account Council’s previous resolutions in relation to the proposed renewal (NOM20/17).

It is recommended that Council endorses the ‘Moreland City Council Submission to Standing Advisory Committee for redevelopment of Gronn Place, Brunswick West July 2017’ at Attachment 1. A summary of key issues outlined in the submission includes:  That Council is the Responsible Authority for any development on the site;  A maximum 13.5 metre height requirement is added to the schedule to the Mixed Use Zone to ensure building height reflects the current building height of 3 and 4 storeys;  That proposed changes to the Local Planning Policy Framework are not undertaken;  That further public exhibition be undertaken as part of this amendment to exhibit the Development Plan, which we submit should be prepared and exhibited concurrently to this Amendment;  That the schedule to the Development Plan Overlay (DPO) be amended to incorporate objectives from the Registration of Capability, relevant sections from the Design Framework and additional application requirements outlined in this submission;  All dwellings at Gronn Place have at least a 7.5 star energy rating;  Replace all the public housing currently at Gronn Place and add at least 50% more public housing on the site; and  That the entire site remain for public housing only. Officer recommendation: That Council: 1. Notes its previous resolutions in regard to public housing as relevant to Gronn Place, Brunswick West Plan Melbourne and consultative requirements for new Overlays (as detailed in section 2 of this report). 2. Endorse the ‘Moreland City Council Submission to Standing Advisory Committee for redevelopment of Gronn Place, Brunswick West July 2017’ at Attachment 1 to this report. 3. Continues to advocate to the State Government for increased investment in public and affordable housing in Moreland and support for advocacy items identified in the Moreland Affordable Housing Strategy 2014-2018. 8.40 pm Cr Abboud left the Council Chamber. 8.41 pm Cr Abboud returned to the Council Chamber and resumed her seat.

Resolution: Cr Bolton moved, Cr Ratnam seconded - That Council: 1. Notes its previous resolutions in regard to public housing as relevant to Gronn Place, Brunswick West Plan Melbourne and consultative requirements for new Overlays (as detailed in section 2 of this report). 2. Endorse the ‘Moreland City Council Submission to Standing Advisory Committee for redevelopment of Gronn Place, Brunswick West July 2017’ at Attachment 1 to this report with the final dot point on page 1 of the submission

PROPOSED Minutes of the Council Meeting held on 9 August 2017 (D17/293367) 22 to include the words ‘and that the entire parcel of land remain publicly owned’, so the whole dot point reads ‘That the entire site remain for public housing only and that the entire parcel of land remain publicly owned.’. 3. Continues to advocate to the State Government for increased investment in public and affordable housing in Moreland and support for advocacy items identified in the Moreland Affordable Housing Strategy 2014-2018. Carried

DED70/17 MULTI-USE COMMUNITY FACILITY AT 33 SAXON STREET, BRUNSWICK (D17/261311) In 2010, Council acquired a former school at 33 Saxon Street, Brunswick (the site) in order to provide for future community needs in the dense and growing neighbourhood of Brunswick. A range of activities have occurred in relation to the Site since 2010, including opening of ‘siteworks’ – a temporary low cost community facility – on 1 May 2016. Council officers have prepared a Strategic Framework to facilitate decision making around future development of the site. The framework includes a vision, strategic objectives and site development principles and is included at Attachment 1. A strategic community needs and opportunities assessment forms part of the framework. From this assessment a range of uses and services are recommended to be considered for delivery on the Site and other uses recommended to be ‘considered for delivery’ in the broader Civic and Cultural Precinct of central Brunswick. A summary of these recommendations is included at Attachment 2. It is recommended that Council endorses the Strategic Framework and the strategic needs and opportunities assessment. Following this, Council officers will undertake a community engagement process on the framework. Officers will commence the process to develop a site concept plan on the basis of this framework and community feedback for Council’s future consideration. Officer recommendation: That Council: 1. Adopts the Strategic Framework for Council’s multi-use facility at 33 Saxon Street, Brunswick as included at Attachment 1. 2. Notes the strategic needs and opportunities assessment for 33 Saxon Street and the civic and cultural precinct of Brunswick as included at Attachment 2. 3. Undertakes community engagement on the Strategic Framework and the future of the Site. 4. Commence preparation of a concept plan for the site for Council’s consideration. 8.52 pm Cr Carli Hannan left the Council Chamber.

Resolution: Cr Riley moved, Cr Ratnam seconded - That Council: 1. Adopts the Strategic Framework for Council’s multi-use facility at 33 Saxon Street, Brunswick as included at Attachment 1. 2. Notes the strategic needs and opportunities assessment for 33 Saxon Street and the civic and cultural precinct of Brunswick as included at Attachment 2. 3. Undertakes community engagement on the Strategic Framework and the future of the Site. 4. Commences preparation of a concept plan for the site for Council’s

PROPOSED Minutes of the Council Meeting held on 9 August 2017 (D17/293367) 23 consideration. Carried

DED71/17 PASCOE VALE ROAD CONSTRUCTION - STAGE 4 TENDER (D17/262390) The purpose of this report is to seek approval for the appointment of the preferred contractor (CDN Constructors P/L) to supply, construct and deliver the Stage 4 upgrade works of Pascoe Vale Road, Glenroy. This will continue the streetscape improvements on Pascoe Vale Road from the stage 1 and 2, and 3 works completed by Evergreen Civil P/L and CDN Constructors P/L respectively, which were completed between the 2015-2017 financial years. The staging for the project is shown in Attachment 2. Stages 4 and 5 have been combined and are now referred to as Stage 4. This stage will see the completion of streetscape works on Pascoe Vale Road. The allocated budget for this final stage is $1.27 million. The Stage 4 works are located between 796 and 836 Pascoe Vale Road, Glenroy incorporating Post Office Place and the signalised pedestrian crossing. The works will include new paving, kerb and channel, widened footpaths, a pedestrian threshold crossing, water sensitive urban design and trees. As per Attachment 2, Stage 4 will commence at Glenroy Road (shown in Attachment 2 as Stage 4a) followed by delivery of Stage 4b (the area north of Post Office Place). Pascoe Vale Road is the main spine through the Glenroy Major Activity Centre and is recognised as the north-west gateway to Moreland. It provides connections to public transport, library, community hub, citizen’s services and a recently upgraded public plaza in Morgan Court. Council invited tenders seeking a contractor to deliver the project. These tenders were evaluated by the tender evaluation panel using Council’s procurement matrix. See Attachment 1 for the tender evaluation matrix. Two conforming tenders were received, submitted by CDN Constructors Pty Ltd and Evergreen Civil Pty Ltd. The tender complies with Section 186 of the Local Government Act 1989. Officer recommendation: That Council: 1. Accepts the Lump Sum Tender from CDN Constructors P/L (ABN 62 884 294 341) for the amount of $1,014,296.36 excluding GST for the provision of construction works for Pascoe Vale Road Stage 4 construction. 2. Allocates $48,725.82 (excluding GST) to Telstra pit asbestos removal and replacement, in the Pascoe Vale Construction – Stage 4 upgrade works area. 3. Allocates the remaining $105,548.18 (excluding GST) to replacing a pedestrian crossing, new seating and purchase of extra pavers for remediation works in the Pascoe Vale Construction – Stage 4 upgrade works area. 4. Authorises the Director Planning and Economic Development to do all things necessary to execute the contracts for the Pascoe Vale Road Construction Stage 4 upgrade. 5. Notes the tenderer will be advised of Council’s decision in this matter and all other tenderers will be notified of the outcome.

PROPOSED Minutes of the Council Meeting held on 9 August 2017 (D17/293367) 24 8.56 pm Cr Carli Hannan returned to the Council Chamber and resumed her seat

Resolution: Cr Kavanagh moved, Cr Davidson seconded- That Council: 1. Accepts the Lump Sum Tender from CDN Constructors P/L (ABN 62 884 294 341) for the amount of $1,014,296.36 excluding GST for the provision of construction works for Pascoe Vale Road Stage 4 construction. 2. Allocates $48,725.82 (excluding GST) to Telstra pit asbestos removal and replacement, in the Pascoe Vale Construction – Stage 4 upgrade works area. 3. Allocates the remaining $105,548.18 (excluding GST) to replacing a pedestrian crossing, new seating and purchase of extra pavers for remediation works in the Pascoe Vale Construction – Stage 4 upgrade works area. 4. Authorises the Director Planning and Economic Development to do all things necessary to execute the contracts for the Pascoe Vale Road Construction Stage 4 upgrade. 5. Notes the tenderer will be advised of Council’s decision in this matter and all other tenderers will be notified of the outcome. Carried

DED72/17 DECLARATION OF THE COBURG SHOPPING PRECINCT COMBINATION SPECIAL RATE AND CHARGE SCHEME (D17/262844) The declaration of a Special Rate or Charge or a combination of a Special Rate or Charge Scheme is governed generally by part 8 of the Local Government Act 1989 (The Act). At Council’s ordinary meeting held on 12 April 2017, Council resolved to commence the statutory process to declare a combination of a Special Rate and Charge Scheme (Special Charge or Scheme) for the Coburg Shopping Precinct (Precinct) (DED27/17). The purpose of Council’s Scheme is to defray promotional, advertising, marketing and business development expenses associated with the encouragement of commerce, retail, professional activity and employment in the Precinct. If declared, the Scheme will remain in force for the period commencing on 1 October 2017 and ending on 30 June 2022 (being a period of 4 years and 9 months). The land and the properties in relation to which the Scheme is to be declared is all of the land and properties shown in the Precinct boundary map (Attachment 1) and remains unchanged from the most recent Scheme, which ended on 30 June 2017. For the period of the Scheme, a total of $933,316 will be levied by Council.

PROPOSED Minutes of the Council Meeting held on 9 August 2017 (D17/293367) 25 Following a meeting of the Urban Planning Committee of Council held on 28 June 2017, it was resolved to receive submissions, objections and letters of support and to consider them at the ordinary meeting of Council to be held on 9 August 2017 (DED51/17). The purpose of this report is for Council to consider the submissions and objections received by Council as a result of the statutory consultation process and to make a decision on the declaration of the Coburg Shopping Precinct Combination Special Rate and Charge Scheme.

Officer recommendation: 1. Moreland City Council (Council), having considered all submissions received and taken account of all objections lodged and complied with the requirements of sections 163A, 163B and 223 of the Local Government Act 1989 (Act), and otherwise according to law, hereby declares a combination of a Special Rate and Charge (Special Charge or Scheme) under section 163(1) of the Act for the purposes of defraying expenses to be incurred by Council in (administratively only) providing funds to the incorporated body known and operating as the Coburg Traders’ Association (CTA) which funds, subject always to the approval, direction and control of Council, are to be used for the purposes of promotional, advertising, marketing, business development and other incidental expenses as approved by Council and agreed to from time to time between Council and the CTA, all of which are associated with the encouragement of commerce, retail and professional activity and employment in the Coburg Shopping Precinct. 2. The criteria which form the basis of the declaration of the Special Charge are the ownership or occupation (and the capital improved value (CIV)) of the rateable land within the Scheme area which is used, or reasonably capable of being used, for, retail or professional purposes, together with their respective tiered benefit classifications as otherwise set out in this declaration. The land included in the Scheme is situated within the geographical area in which the properties described in paragraphs 6 and 7 of this declaration are included. 3. In declaring the Scheme, Council is performing functions and exercising powers in relation to the peace, order and good government of the municipal district of the Moreland City, in particular the encouragement of commerce, retail activity, and employment opportunities within the area for which the Special Charge is declared. 4. The total cost of the performance of the function and exercise of the power by Council (in relation to activities associated with the encouragement of commerce, retail activity and employment opportunities in the area for which the Special Charge is declared) and also the total amount of the Special Charge to be levied by Council is referrable to the following: a) For the first 9 months of the Scheme (being for the period 1 October 2017 to 30 June 2018), a pro rata amount of $138,193 will be levied; b) For the second year of the Scheme (being for the period 1 July 2018 to 30 June 2019), an amount of $190,308 will be levied; c) For the third year of the Scheme (being for the period 1 July 2019 to 30 June 2020), an amount of $195,802 (and being an amount which is based on a 3 percent increase on the amount levied in the immediate preceding year) will be levied; d) For the fourth year of the Scheme (being for the period 1 July 2020 to 30 June

PROPOSED Minutes of the Council Meeting held on 9 August 2017 (D17/293367) 26 2021), an amount of $201,563 (and being an amount based on a 3 percent increase on the amount levied in the immediate preceding year) will be levied; and e) For the fifth year of the Scheme (being for the period 1 July 2021 to 30 June 2022), an amount of $207,450 (and being an amount based on a 3 percent increase on the amount levied in the immediate preceding year) will be levied. These being amounts which, in total, will raise an amount of $933,316 over the 4 years and 9 months period of the Scheme. 5. The period for which the Special Charge is declared and will remain in force is a period of four years and nine months commencing on 1 October 2017 and ending on 30 June 2022.

6. The area for which the Special Charge is declared is all of the land referred to as the Coburg Shopping Precinct, as identified and shown on the plan set out in the attachment forming a part of this declaration (Attachment 1). 7. The land and the properties in relation to which the Special Charge is declared is all that ratable land described in the following street addresses: a) 311-517 (inclusive) and 322-502 (inclusive) Sydney Road, Coburg; b) 94-124 (inclusive) and 81B-133 (inclusive) Bell Street, Coburg; c) 2-8 (inclusive) and 1-25 (inclusive) Munro Street, Coburg; d) All properties in Louisa Street, Coburg; e) All properties in Victoria Street, Coburg; and f) All properties in Waterfield Street, Coburg. 8. The above properties are more particularly set out in the listing of ratable properties set out in the attachment forming a part of this declaration (Attachment 2). 9. The Special Charge will be declared and assessed in accordance with the amounts set out below as they are to be applied to each property in the attachment forming a part of this declaration (Attachment 2), such amounts having respectively been assessed and levied on the basis of a rate in the dollar applied to the capital improved value (CIV) of each property included in the Scheme (such values to be initially determined and as in force as at 1 October 2017); and a) For the first 9 months of the Scheme (being for the period 1 October 2017 to 30 June 2018), the following amounts are specified as being payable by those properties in the following tiered benefit classifications (in order to raise a pro rata amount of $138,193): i. Tier 1 (CIV $0 - $149,999.99) properties pay $184; ii. Tier 2 (CIV $150,000 - $299,999.99) properties pay $246; iii. Tier 3 (CIV $300,000 - $739,999.99) properties pay $290; iv. Tier 4 (CIV $740,000 - $999,999.99) properties pay $407; v. Tier 5 (CIV $1,000,000 - $1,999,999.99) properties pay $736; and vi. Tier 6 (CIV $2,000,000 plus) properties pay $1,234, b) For the second year of the Scheme (being for the period 1 July 2018 to 30 June 2019), the following amounts are specified as being payable by those properties in the following tiered benefit classifications (in order to raise an amount of $190,308): i. Tier 1 (CIV $0 - $149,999.99) properties pay $254;

PROPOSED Minutes of the Council Meeting held on 9 August 2017 (D17/293367) 27 ii. Tier 2 (CIV $150,000 - $299,999.99) properties pay $339; iii. Tier 3 (CIV $300,000 - $739,999.99) properties pay $399; iv. Tier 4 (CIV $740,000 - $999,999.99) properties pay $561; v. Tier 5 (CIV $1,000,000 - $1,999,999.99) properties pay $1051; and vi. Tier 6 (CIV $2,000,000 +) properties pay $1,699, c) For the third, fourth and fifth years of the Scheme, the Special Charge payable by the properties in each of the above tiered benefit classifications will be based on an increase of 3 percent on the respective amounts payable by the properties in the immediate preceding year.

10. The properties included in the Scheme will otherwise be subject to general revaluations and supplementary valuations on the same cycle as Moreland City Council general rates and charges. 11. The Special Charge will be levied by sending a notice of levy in the prescribed form annually to the person who is liable to pay the Special Charge, which will require that the Special Charge must be paid in the following manner: a) By 1 annual payment to be paid in full by the due date fixed by Council in the notice; or b) By 4 instalments, to be paid by the dates which are fixed by Council in the notice. 12. Council will consider cases of financial and other hardship and may reconsider other payment options for the Special Charge. 13. No incentives will be given for payment of the Special Charge before the due date for payment. 14. Council considers that there will be a special benefit to the persons required to pay the Special Charge because there will be a benefit to those persons that is over and above, or greater than, the benefit that is available to persons who are not subject to the Special Charge, and directly and indirectly as a result of the expenditure of the Special Charge, the viability of the Coburg Shopping Precinct as a business, commercial and retail area, and the value and the use, occupation and employment of the properties and the businesses included in the Special Charge Scheme area will be maintained or enhanced through increased economic activity. 15. For the purposes of having determined the total amount of the Special Charge to be levied under the Scheme, 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 and 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 Charge is in a ratio of 1:1 (or 100%). This is on the basis that, in the opinion of Council, all of the services and activities to be provided from the expenditure of the Special Charge are marketing, promotion and advertising related and will accordingly only benefit those properties and businesses included in the Scheme that are used, or reasonably capable of being used, for retail, commercial or professional purposes. 16. The CTA is to be authorised to administer the proceeds of the Special Charge on the express condition that the CTA enters into a funding agreement with Council for the period of the Special Charge. 17. Council’s Director Planning and Economic Development or the person for the time being acting in that position, for the purposes of paragraph 15 of this resolution, be authorised to prepare the funding agreement between Council and the CTA by which administrative arrangements in relation to the Special Charge are confirmed, such

PROPOSED Minutes of the Council Meeting held on 9 August 2017 (D17/293367) 28 agreement being to ensure that at all times, and as a precondition to the payment of any funds by Council to the CTA, Council is, and remains legally responsible for approving, directing and controlling the expenditure of the proceeds of the Special Charge in accordance with its obligations under the Act to do so, and such funding agreement to be submitted to Council for sealing. 18. Notice be given to all owners and occupiers of properties included in the Scheme and all persons who have lodged a submission and/or an objection in writing of the decision of Council to declare and levy the Special Charge commencing on 1 October 2017, and the reasons for the decision.

19. For the purposes of paragraph 17, the reasons for the decision of Council to declare the Special Charge are that: a) Having received only two objections to the Scheme, it is otherwise considered that there is a broad level of support for the Special Charge from the owners and occupiers of all properties included in the Scheme; b) Council considers that it is acting in accordance with the functions and powers conferred on it under the Local Government Act 1989, having regard to its role, purposes and objectives under the Act, particularity in relation to the encouragement of commerce, retail activity and employment opportunities in and around the Scheme area; c) All persons who are liable or required to pay the Special Charge and the properties respectively owned or occupied by them will receive a special benefit in the form of an enhancement or maintenance in land values and/or a maintenance or enhancement in the use, occupation and enjoyment of the properties; and d) The basis of distribution of the Special Charge amongst those persons who are liable or required to pay the Special Charge is considered to be fair and reasonable. 20. The CTA be advised of the matters specified in paragraphs 1, 15 and 16 of this resolution.

Resolution: Cr Abboud moved, Cr Martin seconded - Council resolve that: 1. Moreland City Council (Council), having considered all submissions received and taken account of all objections lodged and complied with the requirements of sections 163A, 163B and 223 of the Local Government Act 1989 (Act), and otherwise according to law, hereby declares a combination of a Special Rate and Charge (Special Charge or Scheme) under section 163(1) of the Act for the purposes of defraying expenses to be incurred by Council in (administratively only) providing funds to the incorporated body known and operating as the Coburg Traders’ Association (CTA) which funds, subject always to the approval, direction and control of Council, are to be used for the purposes of promotional, advertising, marketing, business development and other incidental expenses as approved by Council and agreed to from time to time between Council and the CTA, all of which are associated with the encouragement of commerce, retail and professional activity and employment in the Coburg Shopping Precinct. 2. The criteria which form the basis of the declaration of the Special Charge are the ownership or occupation (and the capital improved value (CIV)) of the rateable

PROPOSED Minutes of the Council Meeting held on 9 August 2017 (D17/293367) 29 land within the Scheme area which is used, or reasonably capable of being used, for commercial, retail or professional purposes, together with their respective tiered benefit classifications as otherwise set out in this declaration. The land included in the Scheme is situated within the geographical area in which the properties described in paragraphs 6 and 7 of this declaration are included. 3. In declaring the Scheme, Council is performing functions and exercising powers in relation to the peace, order and good government of the municipal district of the Moreland City, in particular the encouragement of commerce, retail activity, and employment opportunities within the area for which the Special Charge is declared.

4. The total cost of the performance of the function and exercise of the power by Council (in relation to activities associated with the encouragement of commerce, retail activity and employment opportunities in the area for which the Special Charge is declared) and also the total amount of the Special Charge to be levied by Council is referrable to the following: a) For the first 9 months of the Scheme (being for the period 1 October 2017 to 30 June 2018), a pro rata amount of $138,193 will be levied; b) For the second year of the Scheme (being for the period 1 July 2018 to 30 June 2019), an amount of $190,308 will be levied; c) For the third year of the Scheme (being for the period 1 July 2019 to 30 June 2020), an amount of $195,802 (and being an amount which is based on a 3 percent increase on the amount levied in the immediate preceding year) will be levied; d) For the fourth year of the Scheme (being for the period 1 July 2020 to 30 June 2021), an amount of $201,563 (and being an amount based on a 3 percent increase on the amount levied in the immediate preceding year) will be levied; and e) For the fifth year of the Scheme (being for the period 1 July 2021 to 30 June 2022), an amount of $207,450 (and being an amount based on a 3 percent increase on the amount levied in the immediate preceding year) will be levied. These being amounts which, in total, will raise an amount of $933,316 over the 4 years and 9 months period of the Scheme. 5. The period for which the Special Charge is declared and will remain in force is a period of four years and nine months commencing on 1 October 2017 and ending on 30 June 2022. 6. The area for which the Special Charge is declared is all of the land referred to as the Coburg Shopping Precinct, as identified and shown on the plan set out in the attachment forming a part of this declaration (Attachment 1). 7. The land and the properties in relation to which the Special Charge is declared is all that ratable land described in the following street addresses: a) 311-517 (inclusive) and 322-502 (inclusive) Sydney Road, Coburg; b) 94-124 (inclusive) and 81B-133 (inclusive) Bell Street, Coburg; c) 2-8 (inclusive) and 1-25 (inclusive) Munro Street, Coburg; d) All properties in Louisa Street, Coburg; e) All properties in Victoria Street, Coburg; and

PROPOSED Minutes of the Council Meeting held on 9 August 2017 (D17/293367) 30 f) All properties in Waterfield Street, Coburg. 8. The above properties are more particularly set out in the listing of ratable properties set out in the attachment forming a part of this declaration (Attachment 2). 9. The Special Charge will be declared and assessed in accordance with the amounts set out below as they are to be applied to each property in the attachment forming a part of this declaration (Attachment 2), such amounts having respectively been assessed and levied on the basis of a rate in the dollar applied to the capital improved value (CIV) of each property included in the Scheme (such values to be initially determined and as in force as at 1 October 2017); and

a) For the first 9 months of the Scheme (being for the period 1 October 2017 to 30 June 2018), the following amounts are specified as being payable by those properties in the following tiered benefit classifications (in order to raise a pro rata amount of $138,193): i. Tier 1 (CIV $0 - $149,999.99) properties pay $184; ii. Tier 2 (CIV $150,000 - $299,999.99) properties pay $246; iii. Tier 3 (CIV $300,000 - $739,999.99) properties pay $290; iv. Tier 4 (CIV $740,000 - $999,999.99) properties pay $407; v. Tier 5 (CIV $1,000,000 - $1,999,999.99) properties pay $736; and vi. Tier 6 (CIV $2,000,000 plus) properties pay $1,234, b) For the second year of the Scheme (being for the period 1 July 2018 to 30 June 2019), the following amounts are specified as being payable by those properties in the following tiered benefit classifications (in order to raise an amount of $190,308): i. Tier 1 (CIV $0 - $149,999.99) properties pay $254; ii. Tier 2 (CIV $150,000 - $299,999.99) properties pay $339; iii. Tier 3 (CIV $300,000 - $739,999.99) properties pay $399; iv. Tier 4 (CIV $740,000 - $999,999.99) properties pay $561; v. Tier 5 (CIV $1,000,000 - $1,999,999.99) properties pay $1051; and vi. Tier 6 (CIV $2,000,000 +) properties pay $1,699, c) For the third, fourth and fifth years of the Scheme, the Special Charge payable by the properties in each of the above tiered benefit classifications will be based on an increase of 3 percent on the respective amounts payable by the properties in the immediate preceding year. 10. The properties included in the Scheme will otherwise be subject to general revaluations and supplementary valuations on the same cycle as Moreland City Council general rates and charges. 11. The Special Charge will be levied by sending a notice of levy in the prescribed form annually to the person who is liable to pay the Special Charge, which will require that the Special Charge must be paid in the following manner: a) By 1 annual payment to be paid in full by the due date fixed by Council in the notice; or b) By 4 instalments, to be paid by the dates which are fixed by Council in the notice.

PROPOSED Minutes of the Council Meeting held on 9 August 2017 (D17/293367) 31 12. Council will consider cases of financial and other hardship and may reconsider other payment options for the Special Charge. 13. No incentives will be given for payment of the Special Charge before the due date for payment. 14. Council considers that there will be a special benefit to the persons required to pay the Special Charge because there will be a benefit to those persons that is over and above, or greater than, the benefit that is available to persons who are not subject to the Special Charge, and directly and indirectly as a result of the expenditure of the Special Charge, the viability of the Coburg Shopping Precinct as a business, commercial and retail area, and the value and the use, occupation and employment of the properties and the businesses included in the Special Charge Scheme area will be maintained or enhanced through increased economic activity. 15. For the purposes of having determined the total amount of the Special Charge to be levied under the Scheme, 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 and 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 Charge is in a ratio of 1:1 (or 100%). This is on the basis that, in the opinion of Council, all of the services and activities to be provided from the expenditure of the Special Charge are marketing, promotion and advertising related and will accordingly only benefit those properties and businesses included in the Scheme that are used, or reasonably capable of being used, for retail, commercial or professional purposes. 16. The CTA is to be authorised to administer the proceeds of the Special Charge on the express condition that the CTA enters into a funding agreement with Council for the period of the Special Charge. 17. Council’s Director Planning and Economic Development or the person for the time being acting in that position, for the purposes of paragraph 15 of this resolution, be authorised to prepare the funding agreement between Council and the CTA by which administrative arrangements in relation to the Special Charge are confirmed, such agreement being to ensure that at all times, and as a precondition to the payment of any funds by Council to the CTA, Council is, and remains legally responsible for approving, directing and controlling the expenditure of the proceeds of the Special Charge in accordance with its obligations under the Act to do so, and such funding agreement to be submitted to Council for sealing. 18. Notice be given to all owners and occupiers of properties included in the Scheme and all persons who have lodged a submission and/or an objection in writing of the decision of Council to declare and levy the Special Charge commencing on 1 October 2017, and the reasons for the decision. 19. For the purposes of paragraph 17, the reasons for the decision of Council to declare the Special Charge are that: a) Having received only two objections to the Scheme, it is otherwise considered that there is a broad level of support for the Special Charge from the owners and occupiers of all properties included in the Scheme; b) Council considers that it is acting in accordance with the functions and powers conferred on it under the Local Government Act 1989, having regard to its role, purposes and objectives under the Act, particularity in relation to the encouragement of commerce, retail activity and employment opportunities in and around the Scheme area;

PROPOSED Minutes of the Council Meeting held on 9 August 2017 (D17/293367) 32 c) All persons who are liable or required to pay the Special Charge and the properties respectively owned or occupied by them will receive a special benefit in the form of an enhancement or maintenance in land values and/or a maintenance or enhancement in the use, occupation and enjoyment of the properties; and d) The basis of distribution of the Special Charge amongst those persons who are liable or required to pay the Special Charge is considered to be fair and reasonable. 20. The CTA be advised of the matters specified in paragraphs 1, 15 and 16 of this resolution. Carried

DED73/17 AMENDMENT C161 - 395-429 ALBERT STREET, BRUNSWICK - DECISION GATEWAY 3 - CONSIDERATION OF PANEL REPORT AND ADOPTION (D17/263922) This item was deferred from the 12 July 2017 Council meeting (DED60/17). The Moreland Industrial Land Strategy 2015-2030 (MILS) provides clear land use directions for all industrial land across Moreland to assist Council in achieving its vision to create sustainable neighbourhoods with an emphasis on the social, cultural, environmental and economic well-being of the population. Amendment C161 implements the MILS, in relation to land at 395-429 Albert Street, Brunswick (the precinct) as follows:  Rezone the precinct from the Industrial 1 Zone (INZ1) to the Mixed Use Zone (MUZ).  Introduce a new Design and Development Overlay (DDO26) to the precinct. DDO26 applies built form requirements to achieve defined design outcomes including a preferred maximum 4 storey built form to the Clifton Park and Albert Street interfaces and a preferred overall maximum height of 6 storeys.  Apply the Environmental Audit Overlay (EAO) to the precinct to ensure potential contamination issues are addressed. At the August 2016 Council Meeting, Council resolved to request the Minister for Planning to appoint an independent panel to hear submissions to Amendment C161 (DED63/16). A Panel Hearing was held 20 and 21 October 2016. The Panel report was generally supportive, noting that the Amendment was well founded and strategically justified. The Panel concluded that Council should adopt the Amendment subject to a number of suggested changes to DDO26. The main changes recommended by the Panel are:  While supporting 4 storey (13.5 metres) frontages to Albert Street and Clifton Park as recommended by Council, recommending a preferred maximum height for the precinct of 8 storeys (28 metres) rather than 6 storeys (19.5 metres).  The maximum height should be expressed as a discretionary not mandatory control.  Remove the requirement for the public path, along Clifton Park, to be contained on private land.  Delete references to the Moreland Apartment Design Code (MADC) 2015 given the approval of the Better Apartment Design Standard.  Include additional setback controls to assist further in protecting the amenity and heritage significance of the neighbouring residential properties to the western boundary of the precinct.  Include additional decision guidelines that respond to the design objectives to assist decision makers.

PROPOSED Minutes of the Council Meeting held on 9 August 2017 (D17/293367) 33 In response to the Panel’s recommendations, Council Officers have made a number of recommendations detailed in section 3 of this report, including:  Continue to pursue an overall 6 storey preferred maximum height, expressed as a mandatory control, consistent with Moreland’s adopted built form hierarchy.  Support the removal of the requirement for the public path to be located on private land subject to the cost of relocating the path, construction of the new path and reinstatement of the existing path, being borne by the proponent/landowners.  Agree to remove the references to the MADC, however include in the Amendment C161 package a letter to the Minister requesting a decision be made regarding Council’s request to include local variations into the Moreland Planning Scheme to implement the MADC requirements for building separation and light wells before deciding this amendment request.  Support the additional setback requirements to the western interface.  Support the inclusion of additional decision guidelines which respond to the design objectives to assist decision makers. The next step in the process is to submit the Amendment to the Minister for approval. Officer recommendation: That Council: 1. Notes the findings and recommendations of the Panel appointed to consider Amendment C161 documented in the Panel Report dated 9 December, 2016 and included at Attachment 1. 2. Adopts Amendment C161 to the Moreland Planning Scheme, pursuant to section 29(1) of the Planning and Environment Act 1987, with the recommended changes shown in the revised amendment documentation (Design and Development Overlay Schedule 26) included at Attachment 2. 3. Delegates to the Director Planning and Economic Development the authority to finalise changes to Amendment C161 in accordance with Council’s resolution and also to undertake any changes as required to correct errors, grammatical changes and map changes. 4. Subject to this Amendment C161 (including the built form requirements set out in the and Design and Development Overlay (DD026) at Attachment 2) being adopted delegates to the Director Planning and Economic Development the authority to enter into a section 173 Agreement with the landowners/amendment proponent, for a financial contribution of $200,000 (GST exempt) towards the upgrading of Clifton Park and an additional $115,000 (GST exempt) for the cost to relocate the existing path. 5. Submits Amendment C161 with changes to the Minister for Planning for approval, pursuant to section 31(1) of the Planning and Environment Act 1987. Approval will not be sought until the contents of the Section 173 are prepared to the satisfaction of Council Officers. 6. Includes in the Amendment C161 package a letter to the Minister asking that a decision on the amendment not be made until the Minister has approved Amendment C142 Moreland Apartment Design Code (MADC) to include local variations into the Moreland Planning Scheme to implement the MADC requirements for building separation and light wells previously approved by Council. 7. Notifies all submitters of Council’s resolutions above and of the Minister’s decision on Amendment C161 once confirmed.

9.13 pm During the debate, Cr Yildiz returned to the Council Chamber and resumed his seat. Resolution:

PROPOSED Minutes of the Council Meeting held on 9 August 2017 (D17/293367) 34 Cr Ratnam moved, Cr Bolton seconded - That Council: 1. Notes the findings and recommendations of the Panel appointed to consider Amendment C161 documented in the Panel Report dated 9 December, 2016 and included at Attachment 1. 2. Abandons Amendment C161 to the Moreland Planning Scheme, pursuant to section 28 of the Planning and Environment Act 1987 for the following grounds: a) The height presents an unacceptable level of visual bulk to the street and surrounding area.

3. Writes to the Minister for Planning advising its decision to abandon Amendment C161 to the Moreland Planning Scheme. 4. Notifies the land owners and all submitters of Council’s resolutions above. Carried

DED74/17 RESIDENTIAL AREAS - REFORMED RESIDENTIAL ZONES AND PROPOSED AMENDMENT C171 TO REZONE PARTS OF THE RESIDENTIAL GROWTH ZONE (D17/263965) The State Government has completed a review of the residential zones introduced into Victorian planning schemes in 2014 (the Neighbourhood Residential Zone (NRZ), the General Residential Zone (GRZ), and the Residential Growth Zone (RGZ)). As part of this review, in March 2017 the State Government released the report of the Managing Residential Development Advisory Committee and concurrently approved reformed Residential Zones for Victoria (through Amendment VC110). Amendment VC110 included, amongst other changes, a requirement for a ‘garden area’ to be provided in certain circumstances within the GRZ and NRZ (information can viewed on State Government’s website via https://www.planning.vic.gov.au/policy-and-strategy/planning-reform/reformed- zones-for-victoria/reformed-residential-zones. On 10 May 2017, Council resolved via a Notice of Motion (NOM21/17) to undertake work to respond to the release of the reformed Residential Zones. The NOM reflects the 2017-2021 Council Plan action to review the 2017 reformed Residential Zones to understand their impacts on residential development outcomes, and scope any necessary changes to the Planning Scheme. A Council officer assessment of the impacts of the reformed Residential Zones for Moreland has been prepared. Analysis has found that the introduction of a new ‘garden area’ requirement through Amendment VC110 will result in greater provision of areas for planting and a reduction in building footprint in some circumstances, which is generally a positive change to the residential zones. Additionally, these positive outcomes generally go some way to addressing matters previously sought by Council in its adopted Amendment C153, which was the amendment that introduced the residential zones into the Moreland Planning Scheme in 2015. A strategic review of residential areas of Moreland has also been undertaken in light of the reformed residential zones and how they achieve the original intent of Amendment C153. Following analysis of the implications of the reformed residential zones and a review of previous submissions about residential zoning across Moreland, this report recommends an Amendment to the Moreland Planning Scheme be prepared to rezone some residential areas (referred to as Amendment C171). This would respond both to limitations in the reformed residential zones to achieve the outcomes for 3 storey areas within the Neighbourhood Centres previously sought by Amendment C153 and respond to previous submissions received from residents in relation to residential zoning in some areas.

PROPOSED Minutes of the Council Meeting held on 9 August 2017 (D17/293367) 35 This report recommends Council seeks the Minister for Planning to prepare, authorise and approve Amendment C171 to rezone areas in a Residential Growth Zone within Neighbourhood Centres (limited to those locations where Council originally proposed a 3 storey height limit as part of Amendment C153) to a General Residential Zone Schedule 2. This will reinstate the heights originally proposed for those areas as part of Amendment C153. Given the extensive community consultation completed when preparing Amendment C153 which informed the 3 storey heights proposed in Amendment C171 it is recommended that these changes be approved under Section 20(4) of the Planning and Environment Act 1987. This is the most expedient way to achieve the controls previously endorsed by Council.

Officer recommendation: That Council: 1. Notes the analysis of the reformed residential zones and previous submissions about residential zones in response to NOM21/17, and that no further work is required to respond to NOM21/17 as the recommendations set out below address the key issues. 2. Writes to the Minister for Planning in the second quarter of the 2017-2018 financial year to seek the Minister to prepare, authorise and approve Amendment C171 to the Moreland Planning Scheme, in accordance with Section 20(4) of the Planning and Environment Act 1987. Amendment C171 seeks to reinstate the 3 storey areas originally proposed within the Neighbourhood Centres as follows: a) Rezone areas shows in the maps at Attachment 7 to the General Residential Zone Schedule 2 (GRZ2). The GRZ2 will be generally in accordance with the version included at Attachment 6, noting changes may be made in accordance with recommendation 7. b) Make subsequent changes to the Local Planning Policy Framework to ensure: i. References to the heights within the Neighbourhood Activity Centre areas reflects a 3 – 4 storey outcome. ii. References to the zone within the Neighbourhood Activity Centre areas reflects the inclusion of some land within the General Residential Zone Schedule 2 (as a 3 storey outcome). c) Make changes to the Design and Development Overlay Schedule 24 (DDO24) proposed by Amendment C159 to: i. Remove land proposed for inclusion in the General Residential Zone Schedule 2. ii. Align content within the DDO24 Neighbourhood Centre Framework Plans at Clause 5.0 with the proposed zoning and heights proposed by Amendment C171. d) Include the revised Neighbourhood Centres Strategy (set out in Recommendation 5 below) as an incorporated document to the Planning Scheme at the schedule to Clause 81.01 of the Moreland Planning Scheme. 3. Retains the adopted Amendment C159 as Council’s position on the built form, zone, overlay and height outcomes within Neighborhood Centres until Amendment C171 is approved by the Minster for Planning. Ensure it is clear in the letter to the Minister required by recommendation 2, that changes to the DDO24 proposed by Amendment C159 are only sought if Amendment C171 is approved. 4. Seeks the Minister to expedite a decision on Amendment C159. 5. Adopts a revised Neighbourhood Centres Strategy when Amendment C171 is approved by the Minister. Changes to the Neighourhood Centres Strategy (NCS) will

PROPOSED Minutes of the Council Meeting held on 9 August 2017 (D17/293367) 36 not alter the boundaries of Neighbourhood Centres but will: a) Reflect the content of the approved C171 by amending the current directions for the ‘focus areas for change’ in the NCS, and in other sections of the Strategy as necessary, to reflect that parts of these areas will specify 3 to 4 storey height outcomes and be included within a GRZ2 (rather than the 4 storey maximum that is currently specified) b) Replace existing references in the NCS to the General Residential Zone to refer to the General Residential Zone Schedule 1 (which reflects that there are 2 Schedules to the GRZ).

6. Asks the Minister for Planning to amend the Schedule 1 to Neighbourhood Residential Zone and Schedule 1 to the General Residential Zone to insert neighbourhood character objectives based on the Neighbourhood Character Local Policy at Clause 22.01 of the Moreland Planning Scheme as set out at Attachment 4. 7. Delegates to the Director Planning and Economic Development the authority to finalise changes to Amendment C171 in accordance with Council's resolution and also to undertake any changes as required to, improve operation of the General Residential Zone Schedule 2, correct errors, grammatical changes and map changes.

Resolution: Cr Ratnam moved, Cr Riley seconded - That Council: 1. Notes the progress towards achieving NOM21/17 outlined in this report. 2. Notes Councillors will be updated via a Council briefing about this progress and discuss the further work required by NOM21/17. 3. Will receive a report by October 2017 outlining its proposed approach towards conducting ‘the staged process to conduct a strategic review and planning scheme amendment to review residential areas of Moreland that should be rezoned to a more suitable zone (including sub points), as requested as part of NOM 21/17’. Carried

EMOD9/17 COUNCIL ACTION PLAN 2016-2017 PERFORMANCE REPORT - FOURTH QUARTER 1ST APRIL TO 30TH JUNE 2017 (D17/252956) Council Action Plan performance reporting rates Council’s progress towards meeting the annual targets set in the 2013-2017 Council Plan. This 4th quarter performance report provides a view of achievement against the Council Action Plan for the financial year 2016-2017. Overall 93% of Council Action Plan (CAP) items are either ‘achieved’ or ‘partially achieved’ which is an excellent result and an improvement on previous years. It has also exceeded the target set of 90%. A full list of items achieved this fourth quarter are summarised in the body of this report. The partially achieved items are also highlighted and show these items are well on track and will be finalised early in the 2017-2018 financial year. Officer recommendation: That Council notes the 4th quarter performance report for the 2016-2017 Council Action Plan.

Resolution:

PROPOSED Minutes of the Council Meeting held on 9 August 2017 (D17/293367) 37 Cr Martin moved, Cr Carli Hannan seconded – That Council notes the 4th quarter performance report for the 2016-2017 Council Action Plan. Carried Cr Davidson adjourned the meeting at 9.25 pm and resumed the meeting at 9.41 pm, with all Councillors present except Cr Tapinos.

NOTICES OF MOTION: NOM43/17 ALCOHOL AND OTHER DRUG USE AND RELATED BEHAVIOURS IN THE SYDNEY ROAD, BRUNSWICK PRECINCT (D17/234292) Original recommendation: That Council assesses the extent of negative behavioural impacts of alcohol and other drug use in the Sydney Road Precinct in the Brunswick area, with a particular focus upon the area around Victoria and Albert Streets, including: 1. The data on venues, patrons, hours of operation and any compounding effects also be assessed with regard to the amenity of the city and the safety of residents and visitors to the area. 2. Noting that Council’s planning officers request cumulative impact assessments for applications which include consideration of the sale and consumption of liquor in accordance with the State Government Practice Note, and that reports, including those to the Urban Planning Committee incorporate information from these assessments including the number of licensed venues, types of venues, hours of operation and numbers of patrons permitted in venues which trade after 11pm. 3. Exploring options for reducing alcohol related violence and other anti-social behaviours such as calming measures for surrounding streets and advice for proprietors, to reduce patron intake and levels of consumption in the hour prior to closing. 4. Council receive a report by 31 December 2017.

Resolution: Cr Riley moved, Cr Kavanagh seconded - That Council: 1. Assesses the extent of negative behavioural impacts of alcohol and other drug use in the Sydney Road Precinct in the Brunswick area, with a particular focus upon the area around Victoria and Albert Streets, including: a) The data on venues, patrons, hours of operation and any compounding effects also be assessed with regard to the amenity of the city and the safety of residents and visitors to the area. b) Noting that Council’s planning officers request cumulative impact assessments for applications which include consideration of the sale and consumption of liquor in accordance with the State Government Practice Note, and that reports, including those to the Urban Planning Committee incorporate information from these assessments including the number of licensed venues, types of venues, hours of operation and numbers of patrons permitted in venues which trade after 11pm.

PROPOSED Minutes of the Council Meeting held on 9 August 2017 (D17/293367) 38 c) Exploring options for reducing alcohol related violence and other anti- social behaviours such as calming measures for surrounding streets and advice for proprietors, to reduce patron intake and levels of consumption in the hour prior to closing. 2. Council receive a report by 31 December 2017. Carried

NOM44/17 FLAMMABLE EXTERNAL WALL CLADDING (D17/234333) Original recommendation: That Council: 1. Notes the establishment of the Victorian Cladding Taskforce jointly chaired by former Victorian Premier and Architect Ted Baillieu and former Deputy Premier and Minister for Planning John Thwaites. 2. Endorses the Chief Executive Officer in responding to the 28 July 2017 letter from the Victorian Cladding Taskforce confirming Council’s interest in participating as a pilot Council in developing an audit methodology through the cataloguing of buildings and seeking further information on resource implications associated with the proposed commitment of Council officers in the pilot. 3. Receives updates from the Director Planning and Economic Development on the progress of the pilot, with any unbudgeted costs or resourcing implications to be reported to a future Council meeting for consideration prior to any formalisation of Council’s commitment to a pilot. 4. Receives a report in respect to Council conducting its own audit in the event that the VBA doesn’t plan to conduct an audit of apartment buildings in Moreland for the use of non-compliant cladding and other fire risks in a timely manner 5. Writes to the Minister for Planning to advocate to the Building Codes Committee (BCC) and Australian Building Codes Board (ABCB) changes to the National Construction Code that: a) Multi-storey buildings below 25 metres have fire sprinklers installed as a mandatory requirement. b) That other fire safety features such as high rise buildings being required to provide two sets of fire escape stairs and fire refuge rooms for occupants of higher storey buildings who could have trouble escaping downstairs. c) That the National Construction Code to include all external wall/cladding systems/products used on buildings to comply with AS5113 (fire propagation of external walls) and mandatory compliance levels and testing of cladding systems. 6. Writes to the Minister for Planning to advocate to the state government to: a) Review the Building Act 1993 to increase the number of mandatory building inspections including the installation of cladding. b) Re-regulate the building approval and inspection system by reversing the privatized nature of the system of private building surveyors to overcome issues such as potential conflicts of interest where building surveyors are contracted by builders and developers who sometimes shop around for the most compliant building surveyor.

PROPOSED Minutes of the Council Meeting held on 9 August 2017 (D17/293367) 39 Resolution: Cr Bolton moved - That Council: 1. Notes the establishment of the Victorian Cladding Taskforce jointly chaired by former Victorian Premier and Architect Ted Baillieu and former Deputy Premier and Minister for Planning John Thwaites. 2. Endorses the Chief Executive Officer in responding to the 28 July 2017 letter from the Victorian Cladding Taskforce confirming Council’s interest in participating as a pilot Council in developing an audit methodology through the cataloguing of buildings and seeking further information on resource implications associated with the proposed commitment of Council officers in the pilot. 3. Receives updates from the Director Planning and Economic Development on the progress of the pilot, with any unbudgeted costs or resourcing implications to be reported to a future Council meeting for consideration prior to any formalisation of Council’s commitment to a pilot. 4. Receives a report in respect to Council conducting its own audit in the event that the Victorian Building Authority doesn’t plan to conduct an audit of apartment buildings in Moreland for the use of non-compliant cladding and other fire risks in a timely manner. That this report come back to council in November 2017. 5. Writes to Hon. Craig Laundy MP, Assistant Minister for Industry, Innovation and Science in the Federal Government and Chair of the Building Ministers’ Forum to take action against all unsafe and non-compliant building products and to advocate to the Building Codes Committee (BCC) and Australian Building Codes Board (ABCB) changes to the National Construction Code that: a) Multi-storey buildings below 25 metres have fire sprinklers installed as a mandatory requirement. b) That other fire safety features such as high rise buildings being required to provide two sets of fire escape stairs and fire refuge rooms for occupants of higher storey buildings who could have trouble escaping downstairs. c) That the National Construction Code to include all external wall/cladding systems/products used on buildings to comply with AS5113 (fire propagation of external walls) and mandatory compliance levels and testing of cladding systems. 6. Writes to the State Minister for Planning to advocate to the State Government to: a) Review the Building Act 1993 to increase the number of mandatory building inspections including the installation of cladding. b) Re-regulate the building approval and inspection system by reversing the privatised nature of the system of private building surveyors to overcome issues such as potential conflicts of interest where building surveyors are contracted by builders and developers who sometimes shop around for the most compliant building surveyor. c) Consider an audit of unlicensed workers carrying out work such as sprinkler fitting works that they are not licensed to do. The motion lapsed for want of a seconder

NOM45/17 REVIEW OF PEST AND WEED MANAGEMENT POLICY (D17/278173) Notice of Motion 45/17 Review of Pest and Weed Management Policy – included in agenda: That Council: 1. Receives a report on the Pest and Weed Management Policy including the following

PROPOSED Minutes of the Council Meeting held on 9 August 2017 (D17/293367) 40 information: a) To what extent has herbicide and pesticide use been reduced. b) To what extent have alternatives to herbicides been used such as steam weeding. c) How many complaints have been received over the last 12 months about the use of pesticides in public spaces and what has been the nature of the complaints. d) Statistics on the number of times that the buffer zone around children’s playgrounds hasn’t been observed. e) How the ‘no spray’ register is enforced and how it has been publicised.

f) What supervision/audits are done of private contractors to ensure that they are not spraying when it is windy, are not spraying into gardens, are not spraying children’s play grounds, and are wearing safety equipment. g) The percentage of workers who spray herbicides in public who are contractors compared to the percentage of workers who are employed directly by Council and which category of workers is responsible for which area. h) Process of spraying public open space such as parks, reserves, sportsfield/ovals where kids play. Cr Bolton moved, Cr Abboud seconded - That Council: 1. Receives a report on the Pest and Weed Management Policy including the following information: a) To what extent has herbicide and pesticide use been reduced? b) To what extent have alternatives to herbicides been used such as steam weeding? c) How many complaints have been received over the last 12 months about the use of pesticides in public spaces and what has been the nature of the complaints? d) Statistics on the number of times that the buffer zone around children’s playgrounds hasn’t been observed. e) How the ‘no spray’ register is enforced and how it has been publicised. f) What supervision/audits are done of private contractors to ensure that they are not spraying when it is windy, are not spraying into gardens, are not spraying children’s play grounds, and are wearing safety equipment? g) The percentage of workers who spray herbicides in public who are contractors compared to the percentage of workers who are employed directly by Council and which category of workers is responsible for which area. h) Process of spraying public open space such as parks, reserves, sportsfield/ovals where kids play.

Lay Motion on the Table Cr Ratnam moved the motion lay on the table. Carried

NOM46/17 COUNCIL'S RESPONSE TO CHANGES TO FUNDING OF THE METRO ACCESS OFFICER POSITION BY THE STATE GOVERNMENT (D17/278981) Notice of Motion 46/17 Council's response to changes to funding of the Metro Access Officer

PROPOSED Minutes of the Council Meeting held on 9 August 2017 (D17/293367) 41 position by the State Government – included in agenda: That Council: 1. Notes the action taken to enable the continuation of the functions previously funded by the Metro Access program including the funding of a new 0.5 EFT position (from the base budget) to support the implementation of Council's Disability Action Plan, supporting the coordination of the Council's Disability Advisory Committee and related activities for the 2017-2018 financial year.

2. Receives a report by February 2018 that includes a strategic actions and funded plan to address the gaps that will result from the loss of Metro Access funding from the 2018-2019 financial year onwards. This development of this plan will also include: a) Consultation with key internal and external stakeholders about what functions and work Council should fund to improve disability access across Council facilities, services and programs and build external community awareness and capacity building to improve access and inclusion. b) The level of funding and type of functions Council should provide towards improving mobility access in new urban development (ie. new residential dwellings) and local businesses.

Resolution: Cr Ratnam moved, Cr Riley seconded - That Council: 1. Notes the action taken to enable the continuation of the functions previously funded by the Metro Access program including the funding of a new 0.5 EFT position (from the base budget) to support the implementation of Council's Disability Action Plan, supporting the coordination of the Council's Disability Advisory Committee and related activities for the 2017-2018 financial year. 2. Receives a report by February 2018 that includes a strategic actions and funded plan to address the gaps that will result from the loss of Metro Access funding from the 2018-2019 financial year onwards. This development of this plan will also include: a) Consultation with key internal and external stakeholders about what functions and work Council should fund to improve disability access across Council facilities, services and programs and build external community awareness and capacity building to improve access and inclusion. b) The level of funding and type of functions Council should provide towards improving mobility access in new urban development (ie. new residential dwellings) and local businesses. Carried

NOM47/17 REDUCING THE HARM CAUSED BY ELECTRONIC GAMING MACHINES IN MORELAND (D17/279444) Notice of Motion 47/17 Reducing the harm caused by Electronic Gaming Machines in Moreland - included in the agenda: That Council: 1. Not provide sporting grounds, Council venues or use of Council property to any

PROPOSED Minutes of the Council Meeting held on 9 August 2017 (D17/293367) 42 sporting clubs, community groups, organisations or associations who directly operate or own Electronic Gaming Machines in Moreland or elsewhere. 2. Revises Council Leases and agreements to include this provision. 3. Makes any sporting club, community group, organisation or association that operate or own Electronic Gaming Machines ineligible for community grants, financial assistance or in-kind support from Council. 4. Reduces grants, in-kind support and funding to any sporting club, community group, organisation or association that receives sponsorship or grants (in-kind or cash) from poker machine revenue by the amount and level of funding and/or in-kind support received from Electronic Gaming Machine sources.

5. Revises all Council’s grants programs, funding agreements, Memoranda of Understanding, procurement guidelines, sponsorship policy and other relevant agreements to include these provisions. 6. Requests that Council officers confirm that no club or organisation that leases a Council owned facility or receives Council grants is currently operating EGM's. 7. Writes to all sporting clubs, community groups, associations and organisations that Council has a formal relationship with to advise them of this motion and of Council’s intention to reduce the harms of EGMs in the community. 8. Writes to relevant advocacy groups, neighbouring councils and peak bodies seeking their public support for this approach and sharing it's learning about mechanisms that have contributed to no clubs using Council facilities operating EGM's. 9. Writes to all local MPs (state and federal, upper and lower houses) and the Ministers for Gambling Regulation, Sports and Recreation, Local Government, Health and the Prevention of Family Violence seeking their public support for Council's approach and a matched commitment by the Victorian and Commonwealth Governments to ensure that taxpayer funds are not provided to groups, clubs, organisations or associations involved in EGMs or benefitting from EGM revenue. 10. Includes an item on this issue on the Moreland City Council website and publishes responses from the organisations and elected representatives outlined above.

Resolution: Cr Ratnam moved, Cr Kavanagh seconded - That Council: 1. Not provide sporting grounds, Council venues or use of Council property to any sporting clubs, community groups, organisations or associations who directly operate or own Electronic Gaming Machines in Moreland or elsewhere. 2. Revises Council Leases and agreements to include this provision. 3. Makes any sporting club, community group, organisation or association that operate or own Electronic Gaming Machines ineligible for community grants, financial assistance or in-kind support from Council. 4. Reduces grants, in-kind support and funding to any sporting club, community group, organisation or association that receives sponsorship or grants (in-kind or cash) from poker machine revenue by the amount and level of funding and/or in-kind support received from Electronic Gaming Machine sources. 5. Revises all Council’s grants programs, funding agreements, Memoranda of Understanding, procurement guidelines, sponsorship policy and other relevant agreements to include these provisions. 6. Requests that Council officers confirm that no club or organisation that leases a

PROPOSED Minutes of the Council Meeting held on 9 August 2017 (D17/293367) 43 Council owned facility or receives Council grants is currently operating EGM's. 7. Writes to all sporting clubs, community groups, associations and organisations that Council has a formal relationship with to advise them of this motion and of Council’s intention to reduce the harms of EGMs in the community. 8. Writes to relevant advocacy groups, neighbouring councils and peak bodies seeking their public support for this approach and sharing it's learning about mechanisms that have contributed to no clubs using Council facilities operating EGM's.

9. Writes to all local MPs (state and federal, upper and lower houses) and the Ministers for Gambling Regulation, Sports and Recreation, Local Government, Health and the Prevention of Family Violence seeking their public support for Council's approach and a matched commitment by the Victorian and Commonwealth Governments to ensure that taxpayer funds are not provided to groups, clubs, organisations or associations involved in EGMs or benefitting from EGM revenue. 10. Includes an item on this issue on the Moreland City Council website and publishes responses from the organisations and elected representatives outlined above. Carried unanimously 9.59 pm Cr Tapinos returned to the Council Chamber and resumed his seat NOM48/17 ONLINE PERMIT SYSTEM (D17/279484) Notice of Motion 48/17 Online Permit System included in the agenda: That Council: 1. Investigates developing an online system for residents to apply for and obtain permits (required under the General Local Law) in order to improve the speed at which permits can be issued. 2. Receives a report (by the time the draft General Local Law is presented for endorsement) outlining the options and cost for this system.

Resolution: Cr Ratnam moved, Cr Abboud seconded - That Council: 1. Investigates developing an online system for residents to apply for and obtain permits (required under the General Local Law) in order to improve the speed at which permits can be issued. 2. Receives a report (by the time the draft General Local Law is presented for endorsement) outlining the options and cost for this system. Carried

NOM49/17 WAIVE SYNTHETIC PITCH HIRE FEES FOR THE FAWKNER SOCCER CLUB ALL FEMALE COMMUNITY CUP 2017 (D17/279558) Notice of Motion 49/17 Waive synthetic pitch hire fees for the Fawkner Soccer Club All Female Community Cup 2017 – included in agenda: That Council waives the synthetic pitch hire fee for Fawkner Soccer Club for the length of the 'All Female Community Club ' tournament, the dates being 30 September, 1 October, 7

PROPOSED Minutes of the Council Meeting held on 9 August 2017 (D17/293367) 44 October and 8 October 2017.

Resolution: Cr Carli Hannan moved, Cr Abboud seconded That Council waives the synthetic pitch hire fee for Fawkner Soccer Club for the length of the 'All Female Community Club ' tournament, the dates being 30 September, 1 October, 7 October and 8 October 2017. Carried

Extension of Time

Cr Ratnam moved, Cr Davidson seconded that the Council meeting be extended by 30 minutes. Carried The Council meeting was extended at 10.04 pm

Take Motion Off the Table

Cr Kavanagh moved, Cr Davidson seconded that Notice of Motion 45/17 Review of Pest and Weed Management Policy be taken off the table. Carried The Notice of Motion was taken off the table at 10.05 pm

NOM45/17 REVIEW OF PEST AND WEED MANAGEMENT POLICY (D17/278173) Notice of Motion 45/17 Review of Pest and Weed Management Policy – included in agenda: That Council: 1. Receives a report on the Pest and Weed Management Policy including the following information: a) To what extent has herbicide and pesticide use been reduced. b) To what extent have alternatives to herbicides been used such as steam weeding. c) How many complaints have been received over the last 12 months about the use of pesticides in public spaces and what has been the nature of the complaints. d) Statistics on the number of times that the buffer zone around children’s playgrounds hasn’t been observed. e) How the ‘no spray’ register is enforced and how it has been publicised. f) What supervision/audits are done of private contractors to ensure that they are not spraying when it is windy, are not spraying into gardens, are not spraying children’s play grounds, and are wearing safety equipment. g) The percentage of workers who spray herbicides in public who are contractors compared to the percentage of workers who are employed directly by Council and which category of workers is responsible for which area. h) Process of spraying public open space such as parks, reserves, sportsfield/ovals where kids play. Resolution

PROPOSED Minutes of the Council Meeting held on 9 August 2017 (D17/293367) 45 Cr Bolton moved, Cr Abboud seconded - That Council: 1. Receives a report on the Pest and Weed Management Policy including the following information: a) To what extent has herbicide and pesticide use been reduced? b) To what extent have alternatives to herbicides been used such as burning and steam weeding?

c) How many complaints have been received over the last 12 months about the use of pesticides in public spaces and what has been the nature of the complaints? d) Statistics on the number of times that the buffer zone around children’s playgrounds hasn’t been observed. e) How the ‘no spray’ register is enforced and how it has been publicised. f) What supervision/audits are done of private contractors to ensure that they are not spraying when it is windy, are not spraying into gardens, are not spraying children’s play grounds, and are wearing safety equipment? g) The percentage of workers who spray herbicides in public who are contractors compared to the percentage of workers who are employed directly by Council and which category of workers is responsible for which area. h) Process of spraying public open space such as parks, reserves, sportsfield/ovals where kids play. Carried

GENERAL BUSINESS: GB32/17 PROVISION OF WASTE CONTRACT INFORMATION Cr Dale Martin Cr Martin’s background: Given the revelations brought to light on Monday night's Four Corners episode by the ABC entitled ‘Trashed: The dirty truth about your rubbish’. It is imperative that Moreland Council immediately provides residents with transparent information around its waste contracts to ensure that we do not partake in the serious environmental issues caused by this behaviour.

Cr Martin moved, Cr Abboud seconded - That Council: 1. Receives a report at the next Council meeting that details: a) Moreland's total tonnage of waste by stream; b) All of Moreland's current waste contract operators; c) The facility or location where each waste stream is deposited; and d) Also highlighting whether or not waste is stockpiled. 2. Provides the above information on Moreland's website as soon as this information becomes available.

PROPOSED Minutes of the Council Meeting held on 9 August 2017 (D17/293367) 46 3. Sends a Letter to the Victorian Premier and Environment Minister to immediately call for an enquiry into Victoria’s waste management including ensuring greater investment in local manufacturing and production using recycled materials. Carried unanimously

GB33/17 REVIEWING COUNCIL PRACTICES GOVERNING PROPONENT LED DEVELOPMENT PROJECTS Cr Samantha Ratnam Cr Ratnam’s background: Council currently has a practice to accept financial contributions from developers above the formal Development Contributions Plan and Open Space Contribution schemes requirements for some development projects. These financial contributions are usually negotiated for 'community benefit' and for infrastructure associated with the development and surrounds. These contributions are usually negotiated for large scale applicant-led land rezonings or projects. This motion calls for a report about this practice and to investigate as part of the report if this practice is ethical and if it risks being perceived as being open to abuse. In two recent examples, applicants have promised financial contributions to neighbouring sporting clubs for infrastructure upgrades should their rezoning application succeed. However, this raises several questions about if this type of financial contribution can be perceived as coercive in terms of seeking to attract support for proponent led rezonings that will benefit some individuals disproportionately and groups to others. This report will explore if Council should continue this practice and the implications of this practice in light of anti-corruption laws and frameworks that guide Council practices. 10.22 pm During the debate, Cr Yildiz left the Council Chamber. 10.29 pm During the debate, Cr Yildiz returned to the Council Chamber and resumed his seat.

Cr Ratnam moved, Cr Riley seconded - That Council receives a report urgently exploring if the practice of negotiating and accepting financial contributions is ethical (above the Development Contributions Plan and Open Space Contribution schemes) for applicant-led re-zonings and other urban development projects and how it responds to anti-corruption requirements that Councils are required to meet. Carried Cr Ratnam called for a division. For Against Cr Bolton Cr Yildiz Cr Kavanagh Cr Tapinos Cr Davidson Cr Carli Hannan Cr Ratnam Cr Abboud Cr Martin Cr Riley

PROPOSED Minutes of the Council Meeting held on 9 August 2017 (D17/293367) 47 Total For (7) Total Against (3)

Extension of Time

Cr Abboud moved, Cr Kavanagh seconded that the Council meeting be extended by 30 minutes. Carried The Council meeting was extended at 10.39 pm

GB34/17 PLANNING ZONES Cr Natalie Abboud Cr Abboud’s background: There seem to be areas and properties throughout the city that are currently under the inappropriate planning zones that are causing issues for planning. Developers and residents are encountering problems regarding what and where development should happen because of what look like anomaly sites which appear to be in inappropriate zones that don't take into consideration their purpose or location. It is important that we identify these areas before we see inappropriate development occurring in sensitive areas which are not currently zoned as such and possibly should be. 10.39 pm During the debate, Cr Carli Hannan left the Council Chamber. 10.43 pm During the debate, Cr Carli Hannan returned to the Council Chamber and resumed her seat.

Cr Abboud moved, Cr Martin seconded - That Council calls for a report identifying anomaly sites that have been overlooked and potentially need to be rezoned, across the city. Carried

GB35/17 INFORMATION REGARDING TOXIC SITE Cr Sue Bolton Cr Bolton’s background: There are a number of unanswered questions about the soil testing on the toxic site of 102 McBryde Street, Fawkner. 10.48 pm During the debate, Cr Riley left the Council Chamber. 10.50 pm During the debate, Cr Riley returned to the Council Chamber and resumed his seat.

Cr Bolton moved, Cr Abboud seconded - That in the event that the report to the Urban Planning Committee does not deal with the below matters, Council receives a report by the September meeting which includes the following information regarding the toxic site at 102 McBryde Street, Fawkner: 1. Has the Environmental Protection Authority provided council with a reason as to why it hasn’t tested underneath the clay cap on the site of 102 McBryde Street, Fawkner, given that the Council Notice of Motion from 12 April 2017 called for an ‘EPA-initiated independent environmental audit of the contaminated sites at 102 and 100 McBryde Street, Fawkner’? If a reason has

PROPOSED Minutes of the Council Meeting held on 9 August 2017 (D17/293367) 48 been provided, what is the reason? 2. Why the developer provided council with a non-statutory environmental audit instead of a statutory environmental audit of the site, given the history of toxicity on the site, and given that non-statutory audits aren’t governed by the same legal provisions and requirements as statutory audits therefor aren’t required to be public. 3. Whether there has ever been any testing for the level of toxicity of the soil under the footpath in front of 102 McBryde Street, Fawkner and if not, whether Council intends to test the footpath for toxicity prior to and decision on the planning application now that the developer intends to dig a trench to connect to sewerage along the footpath.

4. When the Second Edge Group report titled ‘Limited Phase 1 and Phase 2 Environmental Site Assessment’ was lodged with council and whether it was provided to potential objectors and objectors to the current planning application for the site. Carried unanimously

GB36/17 COUNCIL OWNED LAND BETWEEN 71 AND 73 WINIFRED STREET, OAK PARK Cr John Kavanagh Cr Kavanagh’s background: A local resident has recently brought to my attention a piece of underutilised land in Oak Park. This resident has for many years been involved in the beautification of Moonee Ponds Creek and was hopeful that Council might be able to beautify this area. Concurrently I am also aware of work being carried out to improve access into and out of JP Fawkner Reserve, particularly with the proposed construction of netball courts. It is an appropriate time for long term planning, including utilisation of this block of land.

Cr Kavanagh moved, Cr Riley seconded - That Council receives a report on the current status of the Council owned land between 71 and 73 Winifred Street, Oak Park. The report should detail if some of this land will be required for vehicular entry/exit from JP Fawkner Reserve and the feasibility of using at least some of the land for native plantings and/or community garden usage.

Carried

GB37/17 PROJECT RESPECT Cr Helen Davidson Cr Davidson’s background: Project Respect supports women who have been trafficked for sexual exploitation and women in the sex industry. They assist women one-on-one, create a safe community and advocate for women’s rights. They are a non-profit, community-based organisation. Amongst other things Project Respect does the following to support women in the sex industry through:  Direct outreach, practical assistance, referral, ongoing emotional support, social inclusion and a sense of community.  Empowering women who have been in the sex industry - using a strength-based, woman-centred approach, facilitating access to new education and training, and working to foster their sense of self-esteem and self-worth.

PROPOSED Minutes of the Council Meeting held on 9 August 2017 (D17/293367) 49  Educating the community, informed by women from the sex industry - to bring about greater awareness of the impacts of the sex industry and trafficking, and prevent the exploitation of women.  Advocacy and activism, informed by women from the sex industry - to address the demand, violence and structural inequalities that maintain the sex industry.  Research on the sex industry - to inform evidence-based practice and provide tools for social change.  Leading the way in Australia - as experts in specialist support for women who have been trafficked into the sex industry.

Project Respect believes that every woman who is trafficked for sexual exploitation or is part of the sex industry has the right to feel safe and respected, regardless of her views or circumstances. We understand that each woman experiences the industry differently. She could find it empowering, or deeply harmful, or somewhere in between. Our work is fundamentally about human rights - so we want to see an end to human trafficking for sexual exploitation. But we also want to see an end to situations where women feel they have no choice but to enter the sex industry. No choice but to put up with disrespectful clients. And no way to access the support they need, if they ever do want to leave. At Project Respect, we exist for the women who seek and need our support, without judgement.

Cr Davidson moved, Cr Ratnam seconded - That Council writes a formal letter of support to the Honourable Jenny Mikakos, Minister for Families and Children in support of Project Respect and requesting ongoing funding for the organisation to ensure their work can continue. Lay Motion on the Table Cr Ratnam moved that this item be laid on the table until the September 2017 Council meeting. Carried

NOTICE OF RESCISSION: Nil.

URGENT BUSINESS REPORTS:

Urgent Business

11.01 pm Cr Abboud left the Council Chamber. Cr Bolton moved – That Council admits as an Urgent Business item a motion relating to the Hope Street bus route community event because it relates to a matter that has arisen since the distribution of the agenda and cannot safely or conveniently be deferred to the next Council meeting. The motion lapsed for want of a seconder

REPORTS BY MAYOR AND COUNCILLORS: Cr Tapinos moved that the meeting proceed to the next item. Carried

CONFIDENTIAL BUSINESS:

PROPOSED Minutes of the Council Meeting held on 9 August 2017 (D17/293367) 50 Cr Kavanagh moved, Cr Martin seconded that - In accordance with section 89(2) of the Local Government Act 1989 this Council meeting be closed to the public to consider these reports:  DCS47/17 Proposed Acquisition of Land (D17/243886) because it relates to contractual matters.  DED75/17 The Coburg Initiative (TCI) - Update on Development Clusters 1 and 2 (Coburg Square and Hospital) (D17/262887) because it relates to proposed developments. Carried

11.04 pm Cr Carli Hannan left the Council Chamber and did not return. 11.04 pm Cr Yildiz left the Council Chamber and did not return. 11.04 pm Cr Abboud returned to the Council Chamber and resumed her seat. The Council meeting was closed to the public at 11.04 pm.

OPENING THE MEETING TO THE PUBLIC

Cr Kavanagh moved, Cr Ratnam seconded that the Council meeting be open to the public. Carried The Council meeting was opened to the public at 11.12 pm. The meeting closed at 11.12 pm.

Confirmed

Cr Helen Davidson MAYOR

PROPOSED Minutes of the Council Meeting held on 9 August 2017 (D17/293367) 51

Load more

  51

Copy Link