Yarra City Council Ordinary Meeting of Council Agenda

YARRA CITY COUNCIL

ORDINARY MEETING OF COUNCIL

AGENDA

to be held on Tuesday 21 November 2006 at the Richmond Town Hall

Confidential Business Items at 7.00pm Open Business Items at 7.30pm

Councillors Officers

Cr Jackie Fristacky (Mayor) Lydia Wilson (Chief Executive Officer) Cr Annabel Barbara Craig Kenny (Director Community Development) Cr Paul D’Agostino Bryan Lancaster (Director Asset Management) Cr Jenny Farrar Bruce Phillips (Director City Development) Cr Stephen Jolly Marc Giglio (Executive Manager Finance and Cr Kathleen Maltzahn Information Services) Cr Kay Meadows Ivan Gilbert (Executive Manager Governance and Cr Judy Morton Organisational Development) Cr Gurm Sekhon Erin Nairn-Marcon (Governance Adviser)

I ATTENDANCE

At its Ordinary Meeting of Tuesday 17 October 2006, Council granted a leave of absence to Councillor Meadows for the period 4 November 2006 to 14 December 2006.

II APOLOGIES AND REQUESTS FOR LEAVE OF ABSENCE

III DECLARATIONS OF PECUNIARY INTEREST AND CONFLICT OF INTEREST

IV. CONFIRMATION OF MINUTES

V. PETITIONS AND JOINT LETTERS

VI. PUBLIC QUESTION TIME

VII COUNCILLORS’ FORUM

General Business Delegates Reports Questions Without Notice

Printed on 100% Recycled Paper

Yarra City Council – Agenda Council Meeting – 21 November 2006

Welcome to the City of Yarra. Council acknowledges the Wurundjeri community as the first owners of this country. Today, they are still the custodians of the cultural heritage of this land.

Further to this, Council acknowledges there are other Aboriginal and Torres Strait Islander people who have lived, worked and contributed to the cultural heritage of Yarra.

Yarra City Council – Agenda Council Meeting – 21 November 2006

Public Participation at Council and Committee Meetings

PrOCEDURE

1. The Yarra City Council welcomes the opportunity for members of the public to address Council, Special Committees and Council’s Internal Development Approvals Committee in accordance with this procedure.

2. The following guidelines apply to public questions and submissions:

(a) public question time is restricted to 15 minutes, 2 questions per person, and five (5) minutes per speaker;

(b) the Chairperson has the sole discretion to extend speaking times or vary conditions of these guidelines;

(d) within reason, there will be no time restriction imposed on submissions under section 223 of the Local Government Act 1989 (the opportunity to speak to a previously lodged formal written submission pursuant to that section of the Act);

(e) where a number of people wish to make a submission on the same subject, a representative speaker is encouraged. Speakers are asked to restrict themselves to new comments and not repeat points made by other speakers

(f) all public comment is to be made prior to commencement of debate on matters to be determined;

(g) persons addressing the meeting shall confine themselves to the subject under consideration;

(h) town planning permit applicants shall be given an opportunity to present their submission before objectors and may exercise a right of reply following the hearing of all submissions.

3. The general provisions of these guidelines shall be made known to all intending speakers and members of the public, prior to the commencement of business at meetings.

Yarra City Council – Agenda Council Meeting – 21 November 2006 ORDINARY MEETING OF COUNCIL

FINANCE & GOVERNANCE COMMITTEE (F&GC) RECOMMENDATIONS

ITEM PAGE REC. REPORT PRESENTER PAGE

1.1 Council Plan 2006/2010 – Progress 2 4 Craig Kenny – Director Report (First Quarter) Community Development

1.2 Quarterly Financial Report 24 28 Marc Giglio – Executive Manager Finance and Information Services

1.3 Naming of Edinburgh Gardens 47 51 Ivan Gilbert – Executive Grandstand Manager Governance and Organisational Development

HUMAN RESOURCES & COMMUNITY DEVELOPMENT COMMITTEE (HR&CDC) RECOMMENDATIONS

2.1 Response to Yarralea Children’s 54 61 Celia Haddock – Centre Petition – Priority of Access Manager Family and Children’s Services

2.2 Annual Grants Program 2006/07 – 65 76 Sally Isaac – Manager Funding Recommendations Culture and Community Planning

2.3 Emerging Issues Program – 103 108 Sally Isaac – Manager Funding Recommendations Culture and Community Planning

2.4 Australian Citizenship Test 110 112 Sally Isaac – Manager Discussion Paper – Council’s Culture and Community Submission Planning

PLANNING, ENVIRONMENT & INFRASTRUCTURE COMMITTEE (PE&IC) RECOMMENDATIONS

3.1 Statutory Planning – Quarterly 130 132 Stephen Wainwright – VCAT Activity Report Manager Statutory Planning

3.2 Request for Removal of 150 155 Vivien Williamson – Environmental Audit Overlay at 169 Manager Strategic Roseneath Street, Clifton Hill Planning and Economic Development

Yarra City Council – Agenda Council Meeting – 21 November 2006 ITEM PAGE REC. REPORT PRESENTER PAGE

3.3 Community Amenity Unit – 166 173 Steven McMurray – Quarterly Report Manger Building and Regulatory Services

3.4 Water Action Plan 174 178 Cathy Bates – Coordinator Environmental Management

CONFIDENTIAL SECTION

PLEASE NOTE – In accordance with the provisions of section 77 of the Local Government Act 1989, all materials in the confidential section of this agenda, including recommendations and resolutions, remain strictly confidential until such time as Council, at an Ordinary Meeting of Council, resolves to make it public.

CONFIDENTIAL ATTACHMENTS

2.2 Prejudicial to Council and/or a 314 - Third Party

2.3 Prejudicial to Council and/or a 360 - Third Party

CONFIDENTIAL REPORTS

ITEM PAGE REC. REPORT PRESENTER PAGE

4.1 Legal Advice 364 368

4.2 Contractual Matter 391 396

4.3 Contractual Matter 410 412

4.4 Property Matter 414 417

4.5 Personnel Matters 420 426

4.6 Contractual Matter 428 430

Yarra City Council – Agenda Council Meeting – 21 November 2006

FINANCE & GOVERNANCE COMMITTEE MEETING

Held on Monday 13 November 2006 at 6.30 pm at the Richmond Town Hall

The meeting concluded at 7.33 pm.

Attendance – Councillors

Cr Jenny Farrar (Chair)

Cr Paul D’Agostino

Cr Jackie Fristacky

Cr Stephen Jolly

Apologies and Requests for a Leave of Absence

At its Ordinary Meeting of Tuesday 17 October 2006, Council granted a leave of absence to Councillor Meadows for the period 4 November 2006 to 14 December 2006.

Declarations of Pecuniary Interest and Conflict of Interest

Nil.

Attendance – Council Officers

Lydia Wilson (Chief Executive Officer)

Geoff Cockram (Director Corporate Services)

Jane Homewood (Director City Development)

Craig Kenny (Director Community Development)

Bryan Lancaster (Director Asset Management)

Erin Nairn-Marcon (Governance Adviser)

Yarra City Council – Agenda Council Meeting – 21 November 2006 1.1 Council Plan 2006/2010 – Progress Report (First Quarter)

File: (25/40/04/07) Responsible Officer: Manager Culture and Community Planning

Purpose

1. To provide Council with the first quarterly progress report against Council Plan 2006/10 actions, as at 30 September 2006.

Background

2. Council is required under Section 125 of the Local Government Act 1989 to prepare a Council Plan, which is a key strategic and planning document for the organisation.

3. At its meeting of 22 June 2005, Council adopted the Council Plan 2005/09 and determined that it would receive a report for each quarter on progress against actions identified.

Issues

4. Some of the important achievements, in addition to Council Plan actions, for the quarter commencing 1 July and ending 30 September 2006 are documented below:

(a) Council supported three key events during NAIDOC Week - “Beyond the Bars”, a broadcast program (3 – 6 July) on 3CR Radio for Indigenous people in prison to share stories with family and friends, NAIDOC Family Day (7 July) at Collingwood Children’s Farm, and NAIDOC in the Park (10 July), an evening festival at Collingwood Housing Estate;

(b) St John’s Primary School, with the support of Council, launched their first Walking School Bus on Wednesday 5 July;

(c) a combined total of over 5,500 trees were planted in Yarra as part of National Tree Day (30 July) and Schools Tree Day (28 July). Over 340 volunteers participated in National Tree Day plantings at two sites, Quarries Park and Burnley Park;

(d) Council officially opened Mayor's Park Tennis Centre on Friday 4 August to celebrate a $440,000 facility upgrade including construction of two new multipurpose courts (for tennis, netball & basket ball) and reconstruction of four tennis courts;

(e) on 5 August Council held a community celebration in Richmond to launch the 2005-2008 Municipal Public Health Plan. The celebration included entertainment, food, information stalls and health and well-being activities;

(f) on Wednesday 16 August Celebrity Chef and former student of Lynall Hall Community School, Stefano di Pieri, spoke at a Council information evening to launch the MYPLACE Yarra project. This project enables local

Yarra City Council – Agenda Council Meeting – 21 November 2006 secondary students to participate in work experience projects that contribute to their accredited subjects;

(g) Council hosted a free community seminar on 28 August on issues associated with the world’s depleting oil supply. This event was attended by more than 230 people;

(h) Council was officially recognised by the International Council for Local Environment Initiatives for its work in reducing greenhouse emissions. The Mayor was presented with an award by Minister John Thwaites on 8 September;

(i) on 26 September Council hosted a workshop and information evening for community groups to provide them with strategies for successful fundraising. The evening also outlined the upcoming on-line charity option – the Yarra Giving Centre;

(j) Council supported the launch of a new interactive website created by the Richmond Asian Business Association to promote the businesses and events in Victoria Street. The launch took place on 28 September; and

(k) in September Council completed footpath upgrades in Brunswick, Smith and Hoddle Streets to improve disability access on these key pedestrian sites. These works costs approximately $150,000.

5. The first quarter report (Attachment 1) has analysed all 108 actions in the Council Plan as at 30 September 2006 of which:

(a) 99 actions or 92% are on track;

(b) 9 actions or 8% are delayed;

(d) 0 actions or 0% are abandoned.

Consultations

6. The Council Plan is based on the following:

(a) a review of significant Council policies and strategies;

(b) issues identified through major community consultations undertaken by Council (including Yarra Community survey and DVC Community Satisfaction survey);

(c) preliminary consultations undertaken to inform the development of Council’s Municipal Public Health Plan and review of the Municipal Strategic Statement (and proposed focus groups sessions); and

(d) a short survey ‘Have your Say’ of people who live, work or visit Yarra to identify hopes, issues and solutions for their neighbourhood and the City as a whole.

Yarra City Council – Agenda Council Meeting – 21 November 2006

Resource and Financial Implications

7. The Council Plan provides direction for the organisation during the current financial year and influences Council’s planning and budgetary processes.

Council Plan, Strategy and Policy Implications

8. The Council Plan consists of six themes for the city over the next four years. Yarra’s approach is informed by a number of Core Principles that in turn drive our internal Core Operations. Each Theme incorporates a number of Strategic Objectives (what we want), Strategies (how we will approach it) and Actions (what we will do). The Strategies and Actions will be reviewed and updated every 12 months and form the basis of Annual Service Plans and Budgets for each Branch of Council.

Legal Implications

9. Council is required to prepare an annual council plan pursuant to section 125 of the Local Government Act 1989.

RECOMMENDATION

10. That the Council Plan 2006/10 quarterly progress report, as at 30 September 2006 be noted.

FINANCE & GOVERNANCE COMMITTEE RECOMMENDATION

Moved: Councillor D’Agostino Seconded: Councillor Fristacky

That the recommendation be adopted.

CARRIED

CONTACT OFFICER: Sally Isaac TITLE: Manager Culture and Community Planning TEL: 9205 5096

Attachment 1 – Council Plan 2006/10 report as at 30 September 2006

Adobe Acrobat Document

Yarra City Council – Agenda Council Meeting – 21 November 2006 1.2 2006/07 Monthly Financial Report – Quarter ending 30 September 2006

File: 40/40/02 Responsible Officer: Executive Manager Finance & Information Services

Purpose

1. To provide a financial report for the three months ending 30 September 2006 and information on the current status of Council’s financial performance and position.

Background

2. The 2006/07 Annual Budget was adopted by Council on 18 July 2006.

3. This report is being presented in accordance with section 138 of the Local Government Act 1989 and Regulation 5 of the Local Government (Finance & Reporting) Regulations 2004.

4. The report has been prepared on an accrual basis, to ensure accurate matching of income and expenditure, both operating and capital, for the quarter ending 30 September 2006.

5. The report is prepared on the basis of year to date, year end forecast, cash and key balance sheet items analysing trends against budget.

Issues

6. The end of year forecast operating result at 30 September 2006 is projected to be a surplus of $7.630m being a favourable variance of $0.488m compared to the Annual Budget surplus of $7.142m. This result is reflected by a favourable forecast income variance of $0.554m and an unfavourable forecast expenditure variance of $0.66m. The overall forecast variance comprises of the following significant variances:

(a) user charges, fees and other fines favourable to budget by $0.140m;

(b) leisure centre fees favourable to budget by $0.103m

(d) employee costs unfavourable to budget by $0.133m

(e) other materials & services favourable to budget by $0.136m.

For the detailed forecast results, refer paragraph 16.

7. As outlined in the Income Statement, the year to date operating result, before reserve transfers, reflects a favourable variance of $1.963m. Refer paragraph 16.

Yarra City Council – Agenda Council Meeting – 21 November 2006 8. The overall year to date variance in income is a favourable result of $1.032m comprising the following significant variances:

(a) Rates are favourable compared to budget by $0.197m or 1.3 percent. This is the mainly as a result of a favourable increase in Supplementary Valuations completed to date.

(b) Government Grants are favourable compared to budget by $0.132m or 9.5 percent. Favourable increases in Family & Children State Grants and Other Government Grants were offset by an unfavourable variance in Federal Child Care Benefit Grants.

(c) User Charges, Fees and Other Fines are favourable compared to budget by $0.143m or 7.0 percent. Favourable variances in Public Open space contributions, Insurance Premium Recoveries, Commercial Property Rental and Inspection Fees and Other Income.

(d) Leisure centre fees are favourable compared to budget by $0.299m or 22.0 percent. This is a result of favourable variances in Memberships, Pool Fees, Green Fees, Retail Operations and Wet & Dry Programs

(e) Reimbursements & Contributions are favourable compared to budget by $0.294m or 138.0 percent. Favourable variances in Capital Works and Other Contributions, Electricity Reinstatements and Road Opening Permit, Reimbursements accounted for this result.

9. The overall year to date variance in Expenses is a favourable result of $0.931m comprising the following variances:

(a) Employee costs are favourable compared to budget by $0.229m or 3.0 percent. Favourable variances in Salaries & Wages, as a result of a number of vacancies existing which are expected to be filled in the next quarter.

(b) Contract payments are favourable compared to budget by $0.245m or 6.0 percent mainly due to timing issues in invoicing for the Burnley Golf Course Maintenance contract, a delay in the start of the Drain Cleaning Program and a delay in Government funding for the belonging in Australia Project.

(c) Other materials and services are favourable to budget by $0.458m or 8.0 percent. Favourable variances in Advertising, Consultants, Contributions & Donations, Community Grants, Insurance Premiums, Utilities.

Yarra City Council – Agenda Council Meeting – 21 November 2006 10. Council’s cash position at the end of September stood at $13.4m, reflecting a net cash outflow of $3.1m for the quarter ended September.

11. Rates debtors as at the end of September totalled $47.2m, of which $1.9m pertains to rates outstanding from previous rate years.

12. Parking debtors amounted to $3.7m (net of doubtful debt provisions). Infringements outstanding for more than 90 days are referred to the PERIN Court for collection.

13. Other debtors (net of doubtful debt provisions), including GST receivable, outstanding at the end of September were $2.9m of which $1.4m has been outstanding for more than 90 days.

14. The attached capital works report reflects expenditure to the end of September of $1.1m compared to a year to date budget of $3.6m and represents 5.2 percent of the annual capital works program. The current year end Capital Works program forecast is currently $21.1m,

15. The purchase order compliance rate for the month of September was 99.5 percent against a target of 100 percent (excluding exempt payments). This reflects invoices processed against purchase orders in total. The compliance rate for purchase orders raised before the invoice date was 79.5 percent against a target of 90 percent.

Yarra City Council – Agenda Council Meeting – 21 November 2006 16. Income Statement for the period ending 30 September 2006:

Actual Budget Variance Adopted Current Budget YTD YTD YTD Budget Forecast Variance $,000 $,000 $,000 $,000 $,000 $,000

Revenue from ordinary activities

Rates 14,582 14,385 197 57,324 57,324 0 Victoria Grants Commission 376 374 2 1,497 1,497 0 Government Grants 1,522 1,390 132 5,826 5,757 (69) Parking Revenue 4,411 4,453 (42) 16,665 16,665 0 User Charges, Fees and Other Fines 2,172 2,029 143 8,820 8,960 140 Leisure Centre Fees 1,668 1,369 299 5,821 5,924 103 Interest Received from Other Entities 142 175 (33) 700 700 0 Reimbursements & Contributions 507 213 294 1,268 1,648 380 Proceeds from Disposal of Assets 169 129 40 514 514 (0) Inner Northern Group Training Pty Limited 0 0 0 0

25,549 24,517 1,032 98,435 98,988 554

Expenses from ordinary activities

Employee Costs 8,135 8,364 229 33,549 33,682 (133) Contract Payments 3,911 4,156 245 16,907 16,958 (51) Maintenance 1,229 1,195 (34) 4,624 4,641 (17) Other Materials & Services 5,174 5,632 458 19,379 19,243 136 Bad and Doubtful Debts 431 357 (74) 1,430 1,430 0 Depreciation & Amortisation 3,499 3,499 0 14,000 14,000 0 Borrowing Costs 244 234 (10) 937 937 (0) Written Down Value of Assets Sold 0 117 117 467 467 0

22,623 23,554 931 91,293 91,359 (66)

Net Result before Transfers 2,926 963 1,963 7,142 7,630 488

Transfers to Reserves 467 350 117 1,400 1,400 0 Transfers from Reserves 0 0 0 0 0 0

Net Result after Transfers 2,459 613 1,846 5,742 6,230 488

Yarra City Council – Agenda Council Meeting – 21 November 2006 RECOMMENDATION

17. That the financial report for the three months ending 30 September 2006 as attached be noted by Council.

FINANCE & GOVERNANCE COMMITTEE RECOMMENDATION

Moved: Councillor Fristacky Seconded: Councillor Jolly

That the recommendation be adopted.

CARRIED

CONTACT OFFICER: Marc Giglio TITLE: Executive Manager Finance & Information Services TEL: 9205 5236

Attachment 1 – Financial Report

Adobe Acrobat Document

Yarra City Council – Agenda Council Meeting – 21 November 2006 1.3 Naming of Edinburgh Gardens Grandstand

File: C90004-06 Responsible Officer: Executive Manager Governance and Organisational Development

Purpose

1. To determine a formal name for the historic Edinburgh Gardens Grandstand (‘the Grandstand’).

Background

2. Earlier this year, Council received representations from a number of groups including:

(a) the Fitzroy Football Club;

(b) the Fitzroy Junior Football Club;

(d) the Eccentrics Cricket Club;

proposing that the Grandstand be formally named ‘The Fitzroy Football Club Grandstand.’

3. At its Ordinary Meeting of Tuesday 19 September 2006, Council resolved to:

“(a) adopt the proposal to name the Edinburgh Gardens Grandstand;

(b) approve a public consultation process on the selection of a name, by way of inviting submissions from both user groups of the Stand and the wider Yarra City community;

(i) the Fitzroy Football Club Stand;

(ii) the Haydn Bunton Stand;

(iii) the Kevin Murray Stand;

(iv) the John McMahon Stand;

(v) the Harvey Brothers’ Stand;

(d) formally consider the naming proposal together with any public submissions received, following conduct of the community consultation process, having regard to the requirements of the Local Government Act 1989 and the protocols of naming public facilities of heritage significance.”

Yarra City Council – Agenda Council Meeting – 21 November 2006 Consultations

4. Council:

(a) wrote to each of the organisations known to occupy the Grandstand;

(b) placed advertisements in the local press; and

calling for interested parties to identify their preferred option from the list provided or nominate an alternative.

Submissions

5. Council received 19 submissions as outlined in Table 1.

Nominated name Submissions received The Grandstand 1 The Haydn Bunton Grandstand 1 The Fitzroy Football Club Grandstand 7 The Harvey Brothers Grandstand 2 The John McMahon Grandstand 4 The Kevin Murray Grandstand 3 The Wilfred ‘Chicken’ Smallhorn Grandstand 1 TOTAL 19

6. Councillors have been provided with copies of each of the submissions.

Financial Implications

7. The only costs which would apply to the proposal would be related to the purchase and placement of a name board/plaque to the facility and any function held to recognize the naming.

Economic Implications

8. Nil.

Environmental Implications

9. Nil.

Social Implications

10. The Grandstand has been a hub of cultural activity and social interaction for more than a century.

City Plan, Strategy and Policy Implications

11. The process for the determining a name for the Grandstand is consistent with Council’s core principles of ‘participation’ and ‘responsiveness’ as outlined in the Council Plan.

Yarra City Council – Agenda Council Meeting – 21 November 2006

Legal Implications

12. Council is required to adhere to the provisions of section 223 of the Local Government Act 1989 with regard to public consultation.

Options

Option 1 – The Grandstand

13. Council received one submission stating that the naming of the Grandstand was not a matter of importance and that the Grandstand should therefore be known simply as ‘the Grandstand.’

Option 2 – The Haydn Bunton Grandstand

14. Council may resolve to name the Grandstand in honour of celebrated VFL footballer and triple brownlow medallist Haydn Bunton. This local icon played on the oval at Edinburgh Gardens during the 1930s.

Option 3 – The Fitzroy Football Club Grandstand

15. Council may resolve to name the Grandstand ‘The Fitzroy Football Club Grandstand’ in honour of the beloved VFL/AFL club and in recognition of other local sporting groups and indeed football greats that have contributed to the fabric of Fitzroy.

Option 4 – The Harvey Brothers Grandstand

16. Council may resolve to name the Grandstand in honour of the remarkable Harvey Brothers who, among their many achievements, collectively represented the Fitzroy Cricket Club on 772 occasions and Victoria on 125 occasions.

Option 5 – The John McMahon Grandstand

17. Council may resolve to name the Grandstand in honour of the John McMahon, a popular Fitzroy Councillor, noted protector of the Edinburgh Gardens and chairman of the meeting that created the Fitzroy Football Club in 1893.

Option 6 – The Kevin Murray Grandstand

18. Council may resolve to name the Grandstand in honour of Kevin Murray, a brownlow medallist and much admired servant of the Fitzroy Football Club.

Option 7 – The Wilfred ‘Chicken’ Smallhorn Grandstand

19. Council may resolve to name the Grandstand in honour of Wilfred ‘Chicken’ Smallhorn. This local resident was an acknowledged champion of the Fitzroy Football Club and a brownlow medallist in 1933.

Option 8 – No Change

20. Council may determine that the Grandstand should not be formally named at this time.

Yarra City Council – Agenda Council Meeting – 21 November 2006 Further consideration of the two options that received the most popular support

Option 3 – The Fitzroy Football Club Grandstand

21. This name was the subject of seven submissions.

22. This name was originally proposed and is supported by the three main sporting club users of the Grandstand - the Fitzroy Junior Football Club with 19 junior teams, the Fitzroy Reds Football Club and the Fitzroy Football Club which maintains its historic association with the Oval and Grandstand and supports the Fitzroy Junior Football Club.

23. The grandstand was originally built using funds raised by the cricket and football clubs. Given this history and current involvement and usage, there is good reason to support the name recommended by the football clubs.

24. The use of a generic name in preference to an individual’s name recognises the significance of in this instance the sport of football and indirectly acknowledges (albeit without individually naming them) the greats of football.

Option 5 – The John McMahon Grandstand

25. This name was the subject of four submissions which included by members of the McMahon family.

26. This name would also recognise the history of the Grandstand, its link with the Fitzroy Football Club and the work of a prominent Fitzroy Councillor.

27. Having regard to:

(a) the several public submissions being in particular spread across support for four different individual football greats,

(b) the generic nature of the name “Fitzroy Football Club Grandstand” not specifically identifying an individual football great, but clearly recognising the significance of the sport of football and by association, the football greats who played at the ground and specifically for the Fitzroy Football Club;

(c) the broad community represented by the current football clubs, the historical links with the Fitzroy Football Club in construction of the grandstand and the ongoing usage of the Grandstand by the associated football clubs,

(d) the very extensive community participation in football at the Edinburgh Gardens ground (including players, club officials, supporters, parents and interested spectators),

it is recommended that Council should accept the naming of the Grandstand as the Fitzroy Football Club Grandstand.

Yarra City Council – Agenda Council Meeting – 21 November 2006 RECOMMENDATION

28. That:

(a) having regard to:

(i) the several public submissions being in particular spread across support for four different individual football greats;

(ii) the generic nature of the name ‘Fitzroy Football Club Grandstand’ not specifically identifying an individual footballer great, but clearly recognising the significance of the sport of football and by association, the football greats who played at the ground and for the Fitzroy Football Club;

(iii) the broad community represented by the current football clubs, the historical links with the Fitzroy Football Club in construction of the grandstand and the ongoing usage of the Grandstand by the associated football clubs;

(iv) the very extensive community participation in football at the Edinburgh Gardens ground (including players, club officials, supporters, parents and interested spectators);

the Council determine to name the Edinburgh Gardens Grandstand as ‘The Fitzroy Football Club Grandstand’;

(b) the Mayor preside over a ceremony be held at the site to celebrate the unveiling of the new name; and

Submissions

The following people addressed the Committee on this item:

Ms Sue Bradshaw; and

Cr Kathleen Maltzahn.

FINANCE & GOVERNANCE COMMITTEE RECOMMENDATION

Moved: Councillor Fristacky Seconded: Councillor D’Agostino

1. That:

(a) having regard to:

(i) the several public submissions being in particular spread across support for four different individual football greats;

(iv) the very extensive community participation in football at the Edinburgh Gardens ground (including players, club officials, supporters, parents and interested spectators);

the Council determine to name the Edinburgh Gardens Grandstand as ‘The Fitzroy Football Club Grandstand’;

(b) the Mayor preside over a ceremony be held at the site to celebrate the unveiling of the new name;

(d) Council consider suitable public recognition of the worthy figures discussed in this report, including John McMahon and Haydn Bunton; and

(e) Council support the restoration of the three Edinburgh Gardens Grandstand flagpoles to working order.

CARRIED

CONTACT OFFICER: Erin Nairn-Marcon TITLE: Governance Adviser TEL: 9205 5121

Yarra City Council – Agenda Council Meeting – 21 November 2006

HUMAN SERVICES & COMMUNITY DEVELOPMENT COMMITTEE MEETING

Held on Tuesday 14 November 2006 at 6.30 pm at the Richmond Town Hall

The meeting concluded at 7.50 pm.

Attendance – Councillors

Cr Annabel Barbara (Chair)

Cr Paul D’Agostino

Cr Jackie Fristacky

Cr Kathleen Maltzahn

Cr Gurm Sekhon

Apologies and Requests for a Leave of Absence

Nil

Declarations of Pecuniary Interest and Conflict of Interest

Councillors Barbara and Sekhon declared conflicts of interest and excused themselves from the chamber during consideration of items 2.2 and 2.3 as their respective employers had interests in the outcome.

During Cr Barbara’s absence, Councillor D’Agostino served as acting chairperson.

Attendance – Council Officers

Lydia Wilson (Chief Executive Officer)

Geoff Cockram (Director Corporate Services)

Jane Homewood (Director City Development)

Craig Kenny (Director Community Development)

Bryan Lancaster (Director Asset Management)

Erin Nairn-Marcon (Governance Adviser)

Yarra City Council – Agenda Council Meeting – 21 November 2006

2.1 Response to Yarralea Children’s Centre Petition re Priority of Access Policy

Executive Summary

Purpose

To consider a request to amend Council’s Priority of Access Policy (‘the Policy’) to enable families residing in the City of Darebin’s portion of Alphington to be granted the same priority as families residing in the City of Yarra’s portion of Alphington in terms of access to the Yarralea Children’s Centre (‘the Centre’).

Key Issues

In June 2006 Council endorsed a Priority of Access Policy to enable Yarra residents to have improved access to Council subsidised children’s services.

A petition was received from Yarralea Children’s Centre in October 2007 calling on Council to amend its Priority of Access Policy to enable residents within the whole suburb of Alphington including the section which lies in the City of Darebin, to be considered equally within the policy. The petition is signed by130 people

Yarralea Children’s Centre have also signed a non compliant lease with Council in not agreeing to implement the priority of access Policy

Social implications

In the Alphington area, Yarra shares municipal boundaries with Darebin and Banyule. Alphington families build connections across municipal boundaries and access a variety of early childhood services. The Policy is not restrictive and allows for non- resident access, within a framework that prioritises access for Yarra residents.

Financial Implications

The estimated value of Council’s financial contribution to community managed childcare services is in the vicinity of $150,000 per annum. Capital grants for major work are also provided as required. In 2001/2002 Yarra City Council together with the State Government contributed $260,000 to capital redevelopment at Yarralea Children’s Centre. Annually, Council contributes approximately $18,000 for building and playground maintenance to the centre as well as access to professional development opportunities for staff and support to the Committee of Management.

PROPOSAL

That Council:

(a) affirm support for the implementation of the Priority of Access Policy without exception;

(b) confirm its commitment to review the policy 12 months after implementation to assess the appropriateness of applying the policy including examining the specific circumstances of each non-Council managed child care, preschool and occasional child care services which are provided in Council owned or leased buildings; and

(c) require that all Community subsidised services operating in Council owned or leased buildings comply with the Priority of Access Policy with-in their lease arrangements with Council.

Yarra City Council – Agenda Council Meeting – 21 November 2006

2.1 Response to Yarralea Children’s Centre Petition re Priority of Access Policy

File: D06/39650 Responsible Officer: Manager Family and Children’s Services

Purpose

1. To consider a request to amend Council’s Priority of Access Policy (‘the Policy’) to enable families residing in the City of Darebin’s portion of Alphington to be granted the same priority as families residing in the City of Yarra’s portion of Alphington in terms of access to the Yarralea Children’s Centre (‘the Centre’).

Background

2. The Municipal Early Years Plan (MEYP) 2005/07 identified access as a major barrier for resident families seeking to secure child care places for their children in Yarra. A key strategy within the MEYP committed Council to the development and implementation of a Priority of Access Policy.

3. Council endorsed the final Policy (Attachment 1) at its Ordinary Meeting of Tuesday 20 June 2006 as a means of improving access to Council-subsidised children’s services for Yarra residents.

“COUNCIL RESOLUTION

Moved: Councillor D’Agostino Seconded: Councillor Barbara

That:

(a) Council adopt the Priority of Access Policy as amended to delete the words ‘with no automatic entitlement to sibling care’ from priority 5 of Council’s hierarchy (Attachment 1);

(b) Council implement the proposed Priority of Access Policy within Council managed child care and preschool services from July 2006 and that it require Council subsidised Community managed services to implement the policy for intakes from January 2007;

(c) service agreements be developed during 2006 with community managed services and that as a requirement, enrolment practices occur in accordance with the Priority of Access policy. Service agreements will be attached to lease documents;

(d) Council Officers report to Council on an annual basis the service utilisation rates and waiting lists for all services covered by the Priority of Access Policy;

(e) Council Officers monitor and review impact of Priority of Access Policy on services; and

(f) a review be undertaken in twelve months to assess the appropriateness of applying the policy including examining the specific circumstances of

Yarra City Council – Agenda Council Meeting – 21 November 2006

each non-Council managed child care, preschool and occasional child care services which are provided in Council owned or leased buildings.

CARRIED”

4. Following Council endorsement officers wrote to each community managed Children’s service operating in a Council owned building and requested they apply the policy from January 2007. Officers also offered to meet with committees of management to provide information about the policy and to assist with implementation.

5. The request to amend the policy arrived in the form of a 130 signature petition organised by the Centre’s Committee of Management (‘CoM’). The petition was formally received at Council’s Ordinary Meeting of Tuesday 17 October 2006. The wording of the petition is as follows:

“We the undersigned residents hereby petition the Yarra City Council to amend its Priority of Access Policy (as it applies to Yarralea Children’s Centre, Yarralea Street, Alphington) to include the whole suburb of Alphington (some of which lies in the City of Darebin) as having equal priority. This will ensure that the strong Alphington community is not divided and that all local residents have equal chance of accessing their local kindergarten.”

6. This report was prepared in response to a Council’s resolution (reproduced below) calling for further consideration of the matter.

“COUNCIL RESOLUTION

Moved: Councillor Farrar Seconded: Councillor Jolly

1. That:

(a) the petition be received and be referred to the appropriate Officer for action; and

(b) a report be provided to the November cycle of Council.

CARRIED”

7. As of this writing, the Centre has not agreed to implement the Policy.

Consultations

8. At its meeting of Tuesday 18 April 2006, Council resolved to place a draft of the Policy on public exhibition and undertake a public consultation process. More than 200 written and verbal submissions were subsequently received, reflecting the diversity of public opinion on this issue. Yarra residents tended to be in favour of the Policy, whilst non-residents generally opposed its introduction.

9. Following Council’s adoption of the Policy, Ward Councillors and officers have discussed the implications of the implementation of the policy with representatives of the Yarralea Children’s Centre on a number of occasions.

10. Council officers have also met with Darebin Council officers on two occasions to discuss the current practise whereby Darebin Council has Yarralea

Yarra City Council – Agenda Council Meeting – 21 November 2006

Children’s Centre listed as one of the children’s services accessed by the Darebin central enrolment system. Darebin City Council’s policy regarding the Centre states that:

(a) access is open to “children of families who live, work, study or utilise childcare in the City of Darebin”;

(b) “children are not zoned to particular services”;

11. Council officers have offered Yarralea Children’s Centre the opportunity to join the Yarra Council central enrolment service from 2007. At this stage, it is officers’ understanding that the Committee of Management have opted to transfer the central enrolment from Darebin to the centre for administration from early 2007.

Financial Implications

12. Council makes a significant financial contribution to local childcare and preschool through direct management of three long day care services, four sessional kindergartens and family day care services, as well as providing funding and support to five occasional care programs.

13. It also lends support to nine community managed services which operate from Council owned and leased buildings, including six long day care services, one kindergarten services and two occasional care services operating from neighbourhood houses in the municipality. In addition to advice, training and networking activities, Council offers significant levels of financial assistance.

14. Contributions to community managed services vary between services and can include maintenance for compliance with regulations, general building and grounds maintenance, minor capital works, a financial contribution to utilities costs and assistance with sand and soft fall grants for outdoor play. Council also pays the annual lease fee on behalf of a community managed kindergarten in Clifton Hill.

15. The estimated value of Council’s financial contribution to community managed child care services is in the vicinity of $150,000 per annum. Capital grants for major work are also provided as required. In 2001/2002 Yarra City Council together with the State Government contributed $260,000 to capital redevelopment at Yarralea Children’s Centre. Annually, Council contributes approximately $18,000 for building and playground maintenance to the centre as well as access to professional development opportunities for staff and support to the Committee of Management.

Economic Implications

16. No significant economic implications have been identified.

Environmental Implications

17. There are no known environmental implications of the proposal.

Yarra City Council – Agenda Council Meeting – 21 November 2006

Social Implications

18. The percentage of Yarra residents occupying places in community managed services operating from Council owned buildings is unknown, though it is thought to be 50% or less in some cases. The Policy is intended to improve access for Yarra residents.

19. The Centre’s CoM have:

(a) indicated that a high proportion of enrolled families reside to the north of Heidelberg Road, beyond Council’s municipal borders;

(b) expressed concern that the Policy divides a naturally formed, non municipality-based, community; and erodes community links;

20. With regard to these concerns, Council officers note that:

(a) Yarra City Council is abutted by seven municipal boundaries. In the Alphington area Yarra shares municipal boundaries with Darebin and Banyule. Alphington families build connections across municipal boundaries and access a variety of early childhood services.

(b) the Policy is not restrictive and allows for non-resident access, within a framework that prioritises access for Yarra residents.

(c) due to the high demand for places at the centre, some Alphington families (on both sides of municipal borders) would likely miss out irrespective of whether the Policy is applied.

Council Plan, Strategy and Policy Implications

21. The Municipal Early Years Plan 2005/07:

(a) identified access as a major barrier for residents seeking to secure child care places; and

(b) committed Council to the development and implementation of a Priority of Access Policy.

22. The development of a Priority of Access Policy is listed as an action in the Council Plan 2006/09.

Legal Implications

23. The lease signed by a representative of the Centre’s CoM has been deemed to be non-compliant as the clauses requiring the Centre to implement the Policy have been deleted. As a consequence, no lease is currently in place and the Centre is dependant on the good will of Council to continue the current arrangements.

Other Issues

24. The historical anomaly whereby Darebin Central Enrolment allocates places for Yarralea has resulted in an unavoidable delay in implementation of Yarra City Council’s Priority of Access Policy. Arrangements are currently being

Yarra City Council – Agenda Council Meeting – 21 November 2006

negotiated to extract Yarralea Children’s Centre from the Darebin central enrolment process in order to enable implementation of Yarra’s policy for 2008 kindergarten place allocations.

Options

Option 1 – No Change to the Policy

25. Considerations with regard to the potential retention of the Policy include:

(a) the policy honours Council’s commitments in the MEYP and Council Plan 2006/09 to develop and implement a Priority of Access Policy in order to improve accessibility to children’s services for Yarra residents;

(b) Council has already resolved to monitor the program and conduct a review after 12 months, including an examination of the circumstances of individual services, to determine the suitability or otherwise of the Policy;

(c) Council has received representations from a number of Yarra residents of Alphington in support of the policy, frustrated at not being able to access a place at the Centre; and

(d) in light of Council’s limited resources, it is appropriate for Council to take measures to protect the interests of residents in accessing ratepayer- funded services.

Option 2 – Amend the Policy

26. Considerations with regard to the potential amendment of the policy to extend access to families residing in the Darebin area of Alphington include:

(a) issues associated with the location of childcare services close to municipal borders were already considered by Council prior to the adoption of the policy;

(b) amendment of the policy would undermine the adopted position of Council which is to review the Policy, with reference to the specific circumstances of non-Council managed centres, in July 2007;

(c) the Centre has not yet implemented the Policy and therefore no data can be produced relevant to the suitability or otherwise of the Policy under operational conditions;

(d) the Yarra residents of Alphington will continue to compete for places on an equal basis with Alphington residents of Darebin, contradicting the purpose of the Council endorsed Policy which is to “ensure Council managed and… subsidised childcare and preschool services are accessible to Yarra residents…”

(e) the Centre (post code 3078) is not the only kindergarten servicing the Darebin residents of Alphington, with other centres including:

(i) Gumnut Preschool and Child Care Centre Alphington (3078);

(ii) Alfred Nuttall Fairfield Memorial Kindergarten (3078);

Yarra City Council – Agenda Council Meeting – 21 November 2006

(iii) St Andrews Kindergarten Fairfield (3078);

(iv) Ivanhoe Children’s Cooperative (3079);

(f) furthermore:

(i) Alphington Primary School is not the sole primary school servicing Alphington residents;

(ii) enrolments at local primary schools reflect a mix of children from a variety of kindergartens, although a significant number of children attending Alphington primary School had attended Yarralea Children’s Centre;

(iii) residents of Alphington, north of Heidelberg Road (Darebin) also attend Westgarth and Fairfield Primary schools;

(g) it is likely that other border services will apply for amendments and the policy will become ineffectual in improving access for Yarra residents;

Option 3 – Revoke the Policy

27. Considerations with regard to the potential revocation of the policy include:

(a) Council would be abandoning its commitment within the MEYP and Council Plan 2006/09 to develop and implement a Priority of Access Policy in order to improve accessibility to children’s services for Yarra residents;

(b) the Policy was developed in close consultation with Yarra residents concerned about the lack of access to Council-subsidised services; and

(c) Yarra families would be forced to compete for Council-subsidised places with residents throughout metropolitan Melbourne.

RECOMMENDATION

28. That Council:

(a) affirm support for the implementation of the Priority of Access Policy without exception;

Yarra City Council – Agenda Council Meeting – 21 November 2006

(c) require that all Community subsidised services operating in Council owned or leased buildings comply with the Priority of Access Policy within their lease arrangements with Council.

Submissions

The following people addressed the Committee on this item:

Mr John Beckwith;

Ms Helen Uwland;

Ms Darlene Leach; and

Ms Heather Latham.

HUMAN SERVICES & COMMUNITY DEVELOPMENET COMMITTEE RECOMMENDATION

Moved: Councillor D’Agostino Seconded: Councillor Fristacky

That the recommendation be adopted.

CARRIED

A division was called, resulting in:

IN FAVOUR: Councillors Barbara, D’Agostino and Fristacky

AGAINST: Councillors Maltzahn and Sekhon

CONTACT OFFICER: Celia Haddock TITLE: Manager Family and Children’s Services TEL: 92055440

Attachment 1 – Priority of Access Policy

Attachment 2 – Kindergarten, Pre-School & Primary School Locations in Alphington

Adobe Acrobat Adobe Acrobat Document Document

Yarra City Council – Agenda Council Meeting – 21 November 2006

2.2 Annual Grants Program 2006/07 – Funding Recommendations

Executive Summary

Purpose

To seek endorsement for the funding recommendations of the:

(a) Community Assessment Panels (the Panels) for the 2006/07 Annual Grants Program; and

(b) Services and Community Development Assessment Panel for the 2006/07 Social Support Grant Program and Nutrition Support Grant Program.

Background

The Annual Grants Program, Social Support and Nutritional Support Grants Programs provide grants that address local needs and enhance the community’s capacity for self-reliance.

Resource Financial Implications

The 2006/07 budget allocation for annual grants is as follows:

(a) Annual Grants Program $508,743;

(b) Social Support Grant Program $70,438; and

All funding recommendations contained within the report are within existing resources.

Council has allocated $10,000 of the Annual Grant Program funding for out-of–time applications.

Proposal

That:

(a) Council endorses the recommendations of the Annual Grants Program Assessment Panel for the allocation of funding to organisations for a total of $500,188 as contained in Attachments 2-9 for 2006/07;

(b) Council endorses the recommendations from the Services and Community Development Annual Grants Panel for the allocation of funding in the 2006/07 Social Support Grant Program of $70,438 and in the Nutrition Support Grant Program for $76,594 as contained in Attachments 10-11; and

(c) grants be awarded to the successful projects at a public function conducted by the Mayor and Chief Executive Officer on February 8, 2007.

Yarra City Council – Agenda Council Meeting – 21 November 2006

2.2 Annual Grants Program 2006/07 – Funding Recommendations

File: 40/30/03/11/05 Responsible Officer: Community Planner - Grants

Purpose

1. To seek endorsement for the funding recommendations of the:

(a) Community Assessment Panels (the Panels) for the 2006/07 Annual Grants Program; and

(b) Services and Community Development Assessment Panel for the 2006/07 Social Support Grant Program and Nutrition Support Grant Program.

Background

2. The City of Yarra grants program provides a significant contribution to the community sector and local organisations within the municipality. It is one of the largest grants programs within local government. The grants program is one way that Council Plan objectives can be met through the funding of community initiatives and partnerships.

3. The 2006/07 budget allocation for annual grants is as follows:

(a) Annual Grants Program $508,743;

(b) Social Support Grant Program $70,438; and

Annual Grants Program

4. The AGP has been conducted taking account of the evaluation of the Community Grants Review for the 2005/06 grants round. The current funding round has delivered benefits of learning from previous funding rounds. This year’s round included specific advertising, holding more information sessions around the municipality and on the public housing estates, increasing availability of grants information, holding grants writing sessions and encouraging applicants to discuss projects with a Council Officer before submitting applications. It is believed that this has contributed to a decrease of 11% in the number of funding applications received this round compared to the 2005/06 round which was oversubscribed across a number of streams.

5. An evaluation of this year’s round will be conducted which will look at further improvements to the AGP with reference to community grants awareness, education, administration, publicity and assessment.

Yarra City Council – Agenda Council Meeting – 21 November 2006

6. The AGP provides funding through five funding streams as follows:

(a) Arts and Cultural - $221,000 which includes the following sub-streams:

(i) Cultural Festivals & Events;

(ii) Community Celebrations;

(iii) Arts Development;

(iv) Community Arts;

(b) Environment $20,600;

(d) Youth Services $44,275; and

(e) Sport and Recreation $50,000.

7. Attachment 1 outlines the priority areas and objectives that were endorsed by Council on 20 June, 2006 for each funding stream for the 2006/07 AGP. These priorities ensure that funding is targeted to meet Council’s objectives.

Social Support and Nutrition Support Grants Programs

8. Funding for the SSGP and NSGP is provided through the Home and Community Care Program (HACC).

9. The SSGP aims to encourage groups that support older people, people with a disability and their carers and those with a high level of disadvantage or risk in the following ways:

(a) providing an opportunity for people to meet in a socially and culturally relevant way via planned activities;

(b) promoting the cultural diversity of the Yarra community; and

10. The NSGP aims to encourage groups that support older people, people with a disability and their carers and those with a high level of disadvantage or risk in the following ways:

(a) providing a nutritious, appetising and culturally appropriate meal; and

(b) assisting local groups to foster independence and participation for members.

11. At its meeting on 20 October, 2001, Council endorsed the following formula for the Nutritional and Social Support Programs:

(a) NSGP - a maximum subsidy of $1.10 per meal or food parcel;

Yarra City Council – Agenda Council Meeting – 21 November 2006

(b) SSGP - applicants will be categorised into one of three types:

(i) group with majority of members over 70 years and or with a disability and identified groups whose members experience a high level of disadvantage;

(ii) group with a majority of physically active members and other sources of funding; and

(iii) group with only a small number of Yarra Residents (minority of members from within the City of Yarra) and or groups that meet outside of the municipality.

12. Funds in the Nutritional and Social Support Programs will be distributed according the following formula:

Number of Priority Level (as in paragraph 11, maximum funding) participants in One Two Three regular attendance 10-29 $1,125 $750 $500 30-59 $2,250 $1,500 $1,000 60 + $4,500 $3,000 $2,000 Table 1

13. In October 2001, Council resolved to progressively bring the Social Support funding into line with the above formula to create greater equity across the groups. This process has continued in the current funding round.

Issues

Assessment Process

14. In 2005, the City of Yarra was selected as one of five Councils to participate in an audit of grant allocation and assessment in local government by the Victorian Auditor General. The report provided a favourable assessment of existing processes being undertaken at the City of Yarra, and a number of general recommendations regarding the conduct of such a program are being taken up as part of the program’s conduct and administration including the random selection of applications by an internal auditor to ensure probity of process.

15. All applications were processed via a two-stage assessment process comprised of an internal officer review and an external assessment by a community panel.

16. Prior to the formal assessment process, applications which will take place on Yarra’s three high-rise public housing estates are discussed and endorsed by representatives from the public housing estate advisory groups. These three groups are the Neighbourhood Advisory Board, Neighbourhood Advisory Team and the Richmond Estate Advisory Group. This process aims to ensure consistency with estate initiatives and identified any logistical issues for the estate with applications.

Yarra City Council – Agenda Council Meeting – 21 November 2006

17. Council officers conducted preliminary assessment of applications in their area of expertise and rated applications against the AGP objectives, stream objectives and priority areas, knowledge of the applicant organisation, effectiveness of the application and any other relevant information.

18. The officer assessments were then presented to external assessment panels to assist the panels in the development of their recommendations.

19. Each of the five funding streams had an Assessment Panel. The NSGP and SSGP recommendations were considered and approved by the Services and Community Development Panel at its meeting on Thursday, 18 September, 2006.

20. To be eligible to receive funding for the 2006/07 grants program, organisations must have successfully acquitted against funding received in the 2005/06 program.

Assessment Panels

21. The community representatives that served on the assessment panels were endorsed by Council at its meeting on 20 June, 2006 and were selected using the following criteria:

(a) strong working knowledge of the community service sector in the City of Yarra;

(b) expertise in and representative of, a program area relevant of the Community Grants Program; and

22. The Panels for the Environment, Services and Community Development, Youth Services and Sport and Recreation were comprised of the following community representatives and between two and four Council Officers:

Environment

Community Representatives

(a) Alex Walker, Collingwood Children’s Farm;

(b) Carmella Parris - Richmond resident; and

Council Officers

(d) Silvana Predebon, Environmental Officer;

(e) Jay Rogan, Community Planner – Grants

Yarra City Council – Agenda Council Meeting – 21 November 2006

Services and Community Development

Community Representatives

(a) Janice Kesterton, - Richmond Rotary Club;

(b) Steven Pellen – City of Yarra resident (replacement for David Brant who was unable to participate due to the timing of sessions); and

Council Officers

(d) Isha Scott, Coordinator, Community Advocacy

(e) Dimitria Katsikis, Coordinator, Youth and Family Services

(f) Sally Isaac, - Manager, Culture and Community Planning

(g) Jay Rogan Community Planner – Grants

Youth Services

Community Representative

(a) Vicky Nicholls, Community Representative, Yarra Youth Executive;

(b) Geoff Spillane, Community Representative, Yarra Youth Executive; and

Council Officers

(d) Rodney Clements, Team Leader, Youth Services

(e) Jay Rogan, Community Planner - Grants

Sport and Recreation

Community Representatives

(a) Steve Turner – Fitzroy Junior Football Club;

(b) Carol Fatouros, North Richmond Community Health Centre; and

Council Officers

(d) Stuart Grant, Team Leader Recreation, Recreation and Open Space Unit;

(e) Hannah Croughan, Sport and Recreation Development Officer

(f) Chrissy Billings, Access All Abilities & Program Development Officer;

(g) Caitlin Ryan, Sports Liaison Officer; and

(h) Jay Rogan, Community Planner – Grants.

Yarra City Council – Agenda Council Meeting – 21 November 2006

Arts and Cultural

23. All applications for Arts and Cultural and Cultural Events funding streams were assessed by the Yarra Arts Advisory Committee (YAARTS).

Council Officers

(a) Helen Baker, Coordinator Arts & Cultural Services;

(b) Sandra Margulius, Arts & Cultural Development Officer – Cultural Festivals and Events;

(d) Karin Riederer, Arts & Cultural Development Officer;

(e) Siu Chan, Arts & Cultural Development Officer;

(f) Sally Isaac, Manager, Culture and Community Planning; and

(g) Jay Rogan, Community Planner - Grants

Panel Recommendations

24. Council received 193 applications under the AGP requesting a total of $1,053,776. Of these 193 applications, 128 projects (66%) have been recommended for funding in the 2006/07 funding round. Table 2 displays the key statistics of each funding stream.

Total Funding % of Funding Application Amount recommende Applications Stream s Received Requested d by Panel Funded Arts & Cultural Services Cultural 16 $143,590 $82,700 75% (12) Festivals & Events Community 8 $36,668 $19,658 100% (8) Celebrations Arts 39 $263,729 $71,859 32% (12) Development Community Arts 23 $154,859 $46,700 34% (8) Environmental 4 $18,165 $12,965 75% (3) Services Services & 70 $305,057 $172,658 81% (57) Community Development Youth Services 8 $60,404 $44,275 88% (7) Sports & 25 $71,304 $44,373 80% (20) Recreation Individual Sports $5,000 Sponsorship Totals 193 $1,053,776 $500,188 66% Table 2

Yarra City Council – Agenda Council Meeting – 21 November 2006

25. In this funding round there was noted reduction in applications as compared with the previous funding round (2005-06) of approximately 11%. This reduction could be the result of an additional six Community Grants information sessions held across Yarra and the recommendation that applicants consult with Council Officers before submission, leading to Council Officers receiving hundreds of calls about grants prior to lodgement. Through this process officers were able to provide constructive feedback to potential applicants regarding eligibility.

26. 66% of applications received have been recommended for funding. This is similar to the 2005/06 percentage of funded applications which was 67%. While there was a decrease in the number of applications received this round and an extra allocation of $41,115 in the Annual Grants budget, there has not been an increase in the amount of funded applications. This has been due to a concerted effort to fund programs well to increase the chances of success and to support well resourced programs and projects.

27. Funding allocations within the streams remained similar to the 2005/06 funding allocations. All streams received a 3% CPI increase and the additional $41,115 was allocated into three streams based on demand and merit. This resulted in 62.5% of the additional allocation supporting community service orientated projects within the oversubscribed Youth Services and Services and Community Development Streams. The remaining 37.5% was allocated in the oversubscribed Arts and Cultural Service Stream (specifically in Community Arts and Arts Development).

28. There is $8,555 remaining in unallocated funds which will be directed to the broader community grants program through the out-of-time or subsidised Town Hall usage program for community groups throughout the 2006/07 financial year.

29. The projects recommended for funding are summarised in Attachments 2-9.

30. Sixty-six applications were not recommended for funding by the Panels. The major reasons for applications not being recommended for funding are:

(a) withdrawn – four projects were withdrawn by the one applicant as they realised they did not have the capacity to carry these out; and

(b) priority – sixty-two projects were not funded because the applications were assessed as a lower priority i.e. did not address the criteria strongly and scored lower than those that have been recommended for funding.

Social Support Grants Program

31. Council received 45 applications under the SSGP requesting a total of $130,242. Of these 45 applications, 42 projects are recommended for funding. The projects recommended for funding are summarised in Attachment 10.

32. Of the 45 applications, 39 of the projects had received funding in 2005/06.

Yarra City Council – Agenda Council Meeting – 21 November 2006

33. Under Council’s formula, funding to one of these previously funded applicants should be decreased. Funding to this organisation has been reduced 10% in accordance with Council’s resolution. Table 3 provides details of the proposed new levels of funding for this group:

Organisation 2006/07 Grant $ Formula Entitlement $ Collingwood Greek Citizens’ $6,926.75 $4,500 Club

Table 3

34. Three applications are not recommended for funding. The major reasons for applications not being recommended for funding were:

(a) the project was considered to be of a lower priority because it already received a high level of support and in-direct funding from Council; or

(b) the project targeted a broader community rather than the HACC eligible target group.

Nutritional Support Grants Program

35. Council received ten applications under the NSGP requesting a total of $79,613. Of the ten applications received all of the projects are recommended for funding. The projects recommended for funding are summarised in Attachment 11.

36. Nine applicants received funding in the 2005/06 funding round.

37. Under Council’s formula, funding to one of the previously funded applicants should be decreased, however this is not recommended. Table 4 provides details.

Organisation 2006/07 Grant Formula Entitlement North Yarra Community Health $5,000 $1,920 Centre

Table 4

38. This group receives funding for a weekly Koori BBQ on the Collingwood Housing Estate. This is a long-standing program and is the only Koori service currently funded by HACC in Yarra. It is a collaborative project with various local agencies that provide outreach and allied health services as well as a nutritious meal. The service model is considered to be an innovative and culturally responsive way to provide support to a high needs group within the Yarra community. The program is dependent upon maintaining the current level of funding and therefore it is considered that it should be exempt from the constraints of the formula.

Support for Applicants

39. Support for applicants who have not been successful is a priority of the Community Grants Program. An attempt has been made at both officer and panel level to identify pathways for the further development of applications for

Yarra City Council – Agenda Council Meeting – 21 November 2006

the next grants round, linking to other funding sources and making links to existing Council programs that may support applicants.

40. The Community Planner - Grants has begun an annual program of grants education and funding awareness activities. This includes hosting several grants information sessions on state government funding opportunities, holding grant writing information sessions, sponsorship forums for community groups and sporting clubs and having this information readily available on Council’s website. These forums are intended to increase Yarra community groups’ success in gaining alternate funding and improve the quality of applications for the next Council grants round. For example Council hosted a session on fundraising for local groups with Our Community on 26 September 2006 and with the Victorian Multicultural Commission on 6 November 2006 about its funding program. On 1 November, Yarra City Council launched the Yarra Giving Centre which will provide ongoing opportunities for local fundraising and organisation development.

41. An annual evaluation of the AGP will be conducted which will look at further improvements for the 2006/07 funding round. It will address further simplification of the grants process, building community grants awareness and education, administration, publicity and assessment.

Issues Highlighted in the Current Round

42. Council’s assessment process is based around set procedures and guidelines to ensure transparency and fairness to all applicants. The issue that has arisen in this funding round in the Annual Grants Program is that of requests to fund excursions and programs with outcomes that are not within Yarra. This issue will be examined in detail during the annual grants review after the conclusion of the annual grants round. The response to these applications from both Council officer’s and the community assessment panels is that they have been assessed as a low priority where they have not been within the context of a broader community development project or outcome. One project that was differentiated from the other applications in this category, with clear community benefit and which has been recommended for funding is CG06/198 the Outback Odyssey application from Homeground Services.

43. The Environmental funding stream was under-subscribed in this round. There were six applications; two of these were moved to other funding streams due to a better alignment with the objectives and have been recommended for funding. There are a range of other projects which have an environmental theme within the arts and cultural and youth streams. The small number of applications is difficult to analyse given the prominence of the environment in the public domain. However this may reflect the capacity for community groups to get funding from a variety of other sources. During the annual grants review Council Officer’s will reassess the environmental stream objectives and priorities. One suggestion is to encourage applications from CALD groups and child care centres within the municipality.

Yarra City Council – Agenda Council Meeting – 21 November 2006

44. The Arts Development funding stream received 39 applications which was an increase of 69% from the 2005/06 funding round. This increase could be due to the following:

(a) the increased number of groups and individuals moving to the Abbotsford Convent precinct (and therefore eligible for Arts Development stream as they now based in the City of Yarra); and

(b) a greater distribution of grant information than in previous rounds, both by the City of Yarra and by local arts groups distributing information to their members.

This will be further explored in the annual grants review.

Consultations

45. The Community Grants Program was advertised more extensively than in previous funding rounds. This incorporated advertising in the Age, Melbourne Leader and Melbourne Times newspapers in June and July 2006. Advertisements were also placed in the following multi-cultural publications, The Ambassador (African), Melbourne Asian News (Chinese), Melbourne Chinese Post (Chinese), Neos Kosmos (Greek), Ta Nea (Greek), II Globo (Italian) and Ti Vi Tuan San (Vietnamese). The Community Grants Program was also advertised on Council’s website and in the June 2006 edition of the City of Yarra Newsletter.

46. Ten Community Grants Program Information Sessions took place in early July 2006 at Council venues and housing estates which was an increase of six sessions from the previous round.

47. All prospective applicants were encouraged to discuss their application with the relevant Council officer prior to submitting their application. There was a high level of pre-application discussion across the streams with officers fielding hundreds of calls in the lead up to the submission date.

Resource and Financial Implications

48. All applications were assessed to ensure that resources are effectively and efficiently used, maximising the utilisation of in-kind support through other Council programs including subsided usage of Council buildings and the community transport program.

49. In its 2006/07 budget Council has allocated $508,743 for the AGP, $70,438 for the SSGP and $76,594 for NSGP. Recommendations within this report fall within the budget for this program.

50. Council has set aside $10,000 of the AGP funding for out-of–time applications within the 2006/07 budget.

Council Plan, Strategy and Policy Implications

51. All applications were considered within the broader context of the Council Plan and the strategic directions of the relevant program areas. The community grants program is the major way in which Council Plan objectives can be furthered in partnership with the community. Council’s major strategies within

Yarra City Council – Agenda Council Meeting – 21 November 2006

the Council Plan are used to develop program and stream objectives and priorities.

Proposal

52. It is proposed that the list of recommended projects contained in Attachments 2 to 11 be approved by Council for the 2006/07 AGP and the 2006/07 SSGP and NSGP.

RECOMMENDATION

53. That:

(a) Council endorse the recommendations from the 2006/07 Annual Grants Program Assessment Panels for the allocation of funding to organisations for a total of $500,188 as contained in Attachment 2-9;

(b) Council endorse the recommendations from the Services and Community Development Annual Grants Panel for the allocation of funding in the 2006/07 Social Support Grant Program of $70,438 and in the Nutrition Support Grant Program for $76,594 as contained in Attachments 10-11; and

(c) that the grants be awarded to the successful projects at a public function conducted by the Mayor and Chief Executive Officer on 8 February 2007.

Councillors Barbara and Sekhon declared conflicts of interest and excused themselves from the chamber prior to the debate on items 2.2 and 2.3 as their respective employers had interests in the outcome.

During Cr Barbara’s absence, Councillor D’Agostino served as acting chairperson.

HUMAN SERVICES & COMMUNITY DEVELOPMENET COMMITTEE RECOMMENDATION

Moved: Councillor Maltzahn Seconded: Councillor Fristacky

1. That:

(a) Council endorse the recommendations from the 2006/07 Annual Grants Program Assessment Panels for the allocation of funding to organisations for a total of $500,188 as contained in Attachment 2-9;

Yarra City Council – Agenda Council Meeting – 21 November 2006

(c) the grants be awarded to the successful projects at a public function conducted by the Mayor and Chief Executive Officer on 8 February 2007; and

(d) Council express in writing its thanks to the external members of the assessment panels.

CARRIED

CONTACT OFFICER: Jay Rogan TITLE: Community Planner - Grants TEL: 9205 5146

ATTACHMENTS

Attachment 1 – Annual Grants Program Funding Stream Objectives

Attachment 2 – Cultural Festivals and Events Recommended Applications

Attachment 3 – Community Celebrations Recommended Applications

Attachment 4 – Arts Development Recommended Applications

Attachment 5 – Community Arts Recommended Applications

Attachment 6 – Environment Recommended Applications

Attachment 7 – Services & Community Development Recommended Applications

Attachment 8 – Youth Services Recommended Applications

Attachment 9 – Sport & Recreation Recommended Applications

Attachment 10 – Social Support Grants Recommended Applications

Attachment 11 – Nutritional Support Grants Recommended Applications

Adobe Acrobat Document

CONFIDENTIAL ATTACHMENTS

These attachments are confidential as they may be prejudicial to Council and/or a third party.

(These attachment are contained ONLY in the confidential section of the agenda)

Attachment 2 – Cultural Festivals and Events Recommended Applications (incorporating panel comments)

Attachment 3 – Community Celebrations Recommended Applications (incorporating panel comments)

Attachment 4 – Arts Development Recommended Applications (incorporating panel comments)

Yarra City Council – Agenda Council Meeting – 21 November 2006

Attachment 5 – Community Arts Recommended Applications (incorporating panel comments)

Attachment 6 – Environment Recommended Applications (incorporating panel comments)

Attachment 7 – Services & Community Development Recommended Applications (incorporating panel comments)

Attachment 8 – Youth Services Recommended Applications (incorporating panel comments)

Attachment 9 – Sport & Recreation Recommended Applications (incorporating panel comments)

Attachment 12 – Cultural Festivals and Events Not-Recommended Applications

Attachment 13 – Community Celebrations Not-Recommended Applications

Attachment 14 – Arts Development Not-Recommended Applications

Attachment 15 – Community Arts Not-Recommended Applications

Attachment 16 – Environment Not-Recommended Applications

Attachment 17 – Services & Community Development Not-Recommended Applications

Attachment 18 – Youth Services Not-Recommended Applications

Attachment 19 – Sport & Recreation Not-Recommended Applications

Attachment 20 – Social Support Grants Not-Recommended Applications

Yarra City Council – Agenda Council Meeting – 21 November 2006

2.3 Emerging Issues Program – Funding Recommendations

Executive Summary

Purpose

To seek Council endorsement of the Emerging Issues Assessment Panel’s (the Panel) recommendations for the 2006/07 Emerging Issues Program funding round for projects in 2007 and 2008.

Issues

The EIP provides fixed term funding for a period of between one and two years to local not-for-profit community agencies to address emerging issues.

Council adopted the following emerging issues for the ‘priorities’ for the 2007 and 2008 Program:

(a) projects that support and coordinate the delivery of services to new migrants and refugees in Yarra and provide advocacy to the Federal Government;

(b) projects that address critical health issues such as food insecurity and poor nutrition;

(c) sexual violence initiatives that support changes in behaviour and attitudes to violence against women in the Yarra community;

(d) projects that increase access to public space for all residents – through increased social connectedness, including ways to manage legal and illegal drug use in public spaces; and

(e) projects that provide positive opportunities to strengthen cultural respect and understanding through projects that build cultural awareness and through recreation programs focusing on both male and female youth from culturally and linguistically diverse (CALD) backgrounds.

Resource Financial Implications

Council has allocated $209,244 in its budget for the EIP.

PROPOSAL

That:

(a) Council endorses the Emerging Issues Assessment Panel’s recommendations for funding to organisations for a total of $147,262 as contained in Attachment 1 for 2007 and 2008; and

(b) the grants be awarded to the successful organisations at a public function conducted by the Mayor and Chief Executive Officer on 8 February 2007.

Yarra City Council – Agenda Council Meeting – 21 November 2006

2.3 Emerging Issues Program – Funding Recommendations

File: 40/30/03/14/01 Responsible Officer: Manager Culture and Community Planning

Purpose

1. To seek Council endorsement of the Emerging Issues Assessment Panel’s (the Panel) recommendations for the 2006/07 Emerging Issues Program (EIP) funding round for projects in 2007 and 2008.

Background

2. Council has allocated $209,244 in its 2006/07 budget for the EIP.

3. The EIP provides fixed term funding for a period of between one and two years to local not-for-profit community agencies to assist agencies in addressing emerging local issues. These issues have been identified through a process of consultation and through Council’s strategic planning processes.

4. The EIP will address both emerging and unresolved local social issues, which are of importance to the Yarra community. These issues are complex and will require a coordinated response, involving many community agencies working together to develop a ‘whole of community’ response.

5. On 20 June, 2006 Council adopted the following emerging issues for the ‘priorities’ of the 2007 and 2008 Program:

(a) projects that support and coordinate the delivery of services to new migrants and refugees in Yarra and provide advocacy to the Federal Government;

(b) projects that address critical health issues such as food insecurity and poor nutrition;

(c) sexual violence initiatives that support changes in behaviour and attitudes to violence against women in the Yarra community;

(d) projects that increase access to public space for all residents – through increased social connectedness, including ways to manage legal and illegal drug use in public spaces; and

Issues

6. Consultation sessions were held with relevant agencies to get input about the types of projects which would be best suited under the EIP and to promote collaboration between organisations in developing proposals.

Yarra City Council – Agenda Council Meeting – 21 November 2006

Update on the Public Behaviour Grants

7. In April 2004, as part of its consideration of the Community Grants Review, Council identified ‘behaviour in public places’ as a recurring issue to be funded under the EIP. Following consultation with local agencies and community groups, it was determined to target this funding to respond to critical and localised issues around Smith Street. On 16 May 2006, $52,000 was quarantined from the Emerging Issues Program budget to be allocated to the public behaviour issues associated with Smith Street, Collingwood. The grants fund two key programs that have been shown to be successful interventions over the past two years: a therapeutic recreation program for Indigenous community members run by Homeground and an Indigenous Engagement Allied Health project operating out of North Yarra Community Health.

8. A further report on the outcomes of these initiatives will be the subject of separate report to Council.

Assessment Process

9. In 2005, the City of Yarra was selected as one of five Councils to participate in an audit of grant allocation and assessment in local government by the Victorian Auditor General. The report provided a favourable assessment of existing processes being undertaken at the City of Yarra, and a number of general recommendations regarding the conduct of such a program are being taken up as part of the program’s conduct and administration including the random selection of applications by an internal auditor to ensure probity of process.

10. All applications were processed via a two-stage assessment process comprised of internal officer review and an external assessment by a community panel.

11. Council officers carried out a preliminary assessment of applications in their area of expertise and rated applications against the Emerging Issues Program objectives, principles and priority areas, officer’s knowledge of the applicant organisation and effectiveness of the proposal.

12. The internal officer assessments were then presented to the external community assessment panel to assist the panel in the development of the funding recommendations.

13. The Panel comprised three community representatives and five Council officers:

Community Representatives

(a) Sally Mitchell, Executive Officer, Yarra Drug and Health Forum;

(b) Merilyn Parker, Yarra Ambassador of the Year and local business owner; and

Yarra City Council – Agenda Council Meeting – 21 November 2006

Council Officers

(a) Sally Isaac, Manager, Culture and Community Planning;

(b) Glen Menner, Coordinator Social Planning;

(d) Anne Emery, Community Planning – Housing & Advocacy; and

(e) Jay Rogan, Community Planner - Grants.

14. The community representatives that served on the assessment panel were selected using the following criteria:

(a) a working knowledge of the community service sector in the City of Yarra;

(b) expertise in, and representative of, a program area relevant to the Community Grants Program; and

15. Council assessed ten applications under the EIP requesting a total of $285,963. All applications requested funding over a two-year period. Of these ten applications, five projects are recommended for funding. The projects recommended for funding are summarised in Attachment 1.

16. Five applications were not recommended for funding by the Panel. The recommended not to fund reflected the lower rating in terms of the EIP priorities. The projects not recommended for funding are summarised in Attachment 2 (Confidential – circulated separately).

17. It is proposed that the $9,982 of unallocated funds from the 2007 EIP budget will be redirected into the community grants program for out-of-time grants or subsidised usage of town halls program for not-for-profit groups.

18. It is noted that in response to the priority area ‘Projects that provide positive opportunities to strengthen cultural respect and understanding through projects that build cultural awareness and through recreation programs focusing on both male and female CALD youth’ that there was not an associated project recommended for funding as part of this round. It is recommended that Council officers from the Community Advocacy, Sport and Recreation and Youth Services Units work in conjunction with local service providers and stakeholders to determine the best approach to meet this particular objective in 2007. This could result in out-of-time applications or an approach to Council through the annual grants in 2007/08.

19. Two applications were removed from the EIP funding round:

(a) The Walk Up / Walk Down Project undertaken by North Yarra Community Health is an existing project from the previous EIP round that is nearing completion. This program focuses on the low rise housing estates in the City of Yarra and provides a service to ensure that discarded injecting equipment is collected and appropriately disposed. The program also delivers drug education to injecting drug users, to make them more aware

Yarra City Council – Agenda Council Meeting – 21 November 2006

of responsible disposable options and to provide entry points into the service system. This program was removed from the Emerging Issues Program as it was deemed an ongoing operational program and was considered as such through the Drug Action Plan report which was adopted on 17 October 2006; and

(b) North Richmond Community Health Centre’s project Improving Breastfeeding on Richmond Housing Estate project was transferred to the Services and Community Development stream within the Annual Grants program, where it was deemed a better fit, and is recommended for funding.

Consultations

20. The Community Grants Program was advertised more extensively than in previous funding rounds. This incorporated advertising in the Age, Melbourne Leader and Melbourne Times newspapers in June and July 2006. Advertisements were also placed in the following multi-cultural publications, The Ambassador (African), Melbourne Asian News (Chinese), Melbourne Chinese Post (Chinese), Neos Kosmos (Greek), Ta Nea (Greek), II Globo (Italian) and Ti Vi Tuan San (Vietnamese). The Community Grants Program was also advertised on Council’s website and in the June 2006 edition of the City of Yarra Newsletter.

21. Ten Community Grants Program Information Sessions took place in early July 2006 at Council venues and housing estates which was an increase of six sessions from the previous round.

22. All prospective applicants were encouraged to discuss their application with the relevant Council officer prior to submitting their application.

Resource and Financial Implications

23. All applications were assessed to ensure that resources are effectively and efficiently used, maximising the utilisation of in-kind support through other Council programs including subsided usage of Council buildings and the community transport program.

24. Council has allocated $209,244 in its 2006/2007 budget for the EIP.

25. $52,000 has been set aside for initiatives aimed at addressing issues relating to public behaviour in Smith Street, Collingwood. This leaves an allocation of $157,244 for the remaining priority areas.

26. All applicants have requested funding over two years, which is in line with the anticipated timeframes advertised for the EIP. It is proposed that approval be granted for funding in the first year, with a further recommendation to be presented to Council in 2007 to approve funding for the second year following allocation through the 2007/08 budget process.

Council Plan, Strategy and Policy Implications

27. All applications were considered within the broader context of the Council Plan 2005/09 and the strategic directions of the relevant program area, in particular

Yarra City Council – Agenda Council Meeting – 21 November 2006

the Multicultural Action Plan, the Municipal Public Health Plan and the endorsed Safer Yarra Plan.

Proposal

28. It is proposed that Council endorse the list of recommended projects contained in Attachment 1 for funding.

RECOMMENDATION

29. That Council approves the recommendations from the Emerging Issues Program Assessment Panel for the allocation of funding to organisations, for a total of $147,262 as contained in Attachment 1.

During Cr Barbara’s absence, Councillor D’Agostino served as acting chairperson.

HUMAN SERVICES & COMMUNITY DEVELOPMENET COMMITTEE RECOMMENDATION

Moved: Councillor Fristacky Seconded: Councillor Maltzahn

That the recommendation be adopted.

CARRIED

CONTACT OFFICER: Jay Rogan TITLE: Community Planner - Grants TEL: 9205 5146

Attachment 1 – Emerging Issues Program Recommended Applications

Adobe Acrobat Document

CONFIDENTIAL ATTACHMENTS

These attachments are confidential as they may be prejudicial to Council and/or a third party.

(These attachment are contained ONLY in the confidential section of the agenda)

Attachment 1 – Emerging Issues Program Recommended Applications (incorporating panel comments)

Attachment 2 – Emerging Issues Program Applications Not Recommended (incorporating panel comments)

Yarra City Council – Agenda Council Meeting – 21 November 2006

2.4 Australian Citizenship Test Discussion Paper – Council’s Submission

File: 50/05/10-04 Responsible Officer: Manager, Culture and Community Planning

Purpose

1. To seek endorsement for Council’s submission to the Commonwealth Government’s discussion paper Australian Citizenship: Much more than a Ceremony – Consideration of the merits of introducing a formal citizenship test.

Background

2. At the Council Meeting of 19 September 2006, the following resolution was endorsed:

“That Council seek a report on the proposed Commonwealth Government changes to Citizenship Laws and what impact this would have on Council (to be prepared for the October cycle of Council).”

3. At the Council Meeting of 17 October, the following resolution was endorsed:

“That a formal submission to the ‘Australian Citizenship: Much more than a ceremony – Consideration of the merits of introducing a formal citizenship test’ be considered in the November 2006 cycle of Council following further consultation and local promotion.”

4. The discussion paper Australian Citizenship: Much more then a Ceremony (the Paper) has been released by the Citizenship Taskforce of the Department of Immigration and Multicultural Affairs, which seeks electronic written submissions by the 17 November, 2006.

5. The purpose of the Paper is to seek the Australian community’s views on the merits of introducing a formal citizenship test, including a commitment to Australian values. Feedback is sought over four key questions as follows:

(a) Should Australia introduce a formal citizenship test?

(b) How important is knowledge of Australia for Australian citizenships?

(d) How important is a demonstrated commitment to Australia’s way of life and values for those intending to settle permanently in Australia or spend a significant period of time in Australia?

6. A submission has now been prepared called Australian Citizenship: Much more than a ceremony for our residents and for our Council (Attachment 1).

Issues

7. The City of Yarra has a strong history in supporting and advocating on behalf of culturally diverse communities. It has also played an important role in celebrating different waves of migration. In 2006 it hosted a celebration of 30 years of Vietnamese migration in Yarra. It has a strong policy basis to this end as documented below:

Yarra City Council – Agenda Council Meeting – 21 November 2006

(a) Multicultural Action Plan 2004 – 2006:

(i) The City of Yarra will take an advocacy role in championing key issues for Yarra's culturally and linguistically diverse communities.

(ii) Develop short-term and longer-term strategic advocacy approaches, focusing on key issues for culturally and linguistically diverse communities.

(b) City of Yarra Refugee and Asylum Seeker Statement 2005:

"We also recognise that refugees and asylum seekers have been disenfranchised from their own governments and need support to re-engage with government processes in Australia.

"We will advocate for policy change and additional resources for refugees and asylum seekers from other levels of government where these are discriminatory or lacking."

8. Council’s submission includes the following points which address the questions raised in the Paper:

(a) there is no support for a formal citizenship test and no support for the contention that such a test would assist in facilitating greater participation of new arrivals;

(b) there has been no evidence provided for why the current process of citizenship should be changed. To the contrary, the need for improved access to English classes and greater support for new arrivals to become citizens. To this end it is recommended to:

(i) remove exclusions on income support (and other benefits) for newly arrived migrants;

(ii) provide a minimum 25% increase in funding for more accessible English language classes (with allocations based on a comprehensive national audit of need, and identification of existing gaps in accessibility);

(c) introducing a citizenship test will further alienate people who already are trying to overcome many barriers (including looking for work and taking care of their families and children);

(d) the values to which it is proposed new citizens should make a commitment to are either not uniquely Australian or are already mentioned in the Preamble to the Australian Citizenship Act 1948. Further to this there has been no open debate or process to come to a nation-wide agreement about what Australian values are;

(e) migrants and refugees have made major contributions to this country as citizens and for some, English remains their second language. The submission includes some case studies to illustrate these realities.

9. In addition, the City of Yarra will look at ways of increasing access to its own ceremonies for individuals and families, including the provision of interpreters on an as needs basis.

Yarra City Council – Agenda Council Meeting – 21 November 2006

Consultations

10. The City of Yarra through its membership of the Yarra Settlement Forum (YSF), North East Region Settlement Issues Network (NERSIN) and the Victorian Local Government Multicultural Issues Network (VLGMIN) has taken a lead role in promoting the review, encouraging submissions and in seeking comments from participating members of these networks.

11. Council promoted and encouraged residents to attend the Citizenship Forum conducted by the Ethnic Communities Council of Victoria’s (ECCV) and 3ZZZ on 18 October to inform their response. Some residents and Council staff attended this forum.

12. City of Yarra has sought comment from some major locally based peak bodies and agencies seeking input and encouraging responses.

13. City of Yarra has written to major local government peak bodies seeking their views on the review and encouraging a response – Municipal Association of Victoria (MAV) and Victorian Local Governance Association (VLGA). This request has resulted in the MAV writing to all local governments to consider submitting a response and it is noted that the Association will also be tabling a submission on behalf of the sector.

Financial Implications

14. It is envisaged that interpreter costs can be sourced from within existing resources.

Legal Implications

15. No legal advice has been sought on this report.

Proposal

16. Council’s submission is presented to the Human Services and Community Development Committee for endorsement to allow submission to the enquiry by the required date of the 17 November, 2006. It would then be considered for formal endorsement by Council on 28 November, 2006.

RECOMMENDATION

17. That Council’s submission to the Australian Citizenship: Much more than a ceremony – Consideration of the merits of introducing a formal citizenship test be endorsed.

18. That Council publicise its submission and monitor the progress of the Australian Citizenship: Much more than a ceremony – Consideration of the merits of introducing a formal citizenship test.

Yarra City Council – Agenda Council Meeting – 21 November 2006

HUMAN SERVICES & COMMUNITY DEVELOPMENET COMMITTEE RECOMMENDATION

Moved: Councillor Maltzahn Seconded: Councillor Fristacky

That the recommendation be adopted.

CARRIED

CONTACT OFFICER: Sally Isaac TITLE: Manager, Culture and Community Planning TEL: 9205 5096

Attachment 1 – City of Yarra Submission: Australian Citizenship: Much more than a ceremony for our residents and for our Council

Adobe Acrobat Document

Yarra City Council – Agenda Council Meeting – 21 November 2006

PLANNING, ENVIRONMENT & INFRASTRUCTURE COMMITTEE MEETING

Held on Tuesday 14 November 2006 at 8.00 pm at the Richmond Town Hall

The meeting concluded at 9.08 pm.

Attendance – Councillors

Cr Judy Morton (Chair)

Cr Jackie Fristacky

Cr Stephen Jolly

Cr Kathleen Maltzahn

Apologies and Requests for a Leave of Absence

At its Ordinary Meeting of Tuesday 17 October 2006, Council granted a leave of absence to Councillor Meadows for the period 4 November 2006 to 14 December 2006.

Declarations of Pecuniary Interest and Conflict of Interest

Nil.

Attendance – Council Officers

Lydia Wilson (Chief Executive Officer)

Jane Homewood (Director City Development)

Craig Kenny (Director Community Development)

Bryan Lancaster (Director Asset Management)

Erin Nairn-Marcon (Governance Adviser)

Yarra City Council – Agenda Council Meeting – 21 November 2006

3.1 Statutory Planning – Quarterly VCAT Activity Report

File: 30/20/01 Responsible Officer: Planning Appeals Coordinator

Purpose

1. The purpose of this report is to inform the Council about the City of Yarra’s performance in the Planning and Environment List at the Victorian Civil and Administrative Tribunal (VCAT).

2. The report details applications for review that have been lodged with or decided upon by VCAT during the months of July, August and September 2006. It also details the activity over the 2005/2006 financial year as recently reported by the Tribunal.

VCAT Activity

Applications Lodged

3. During July, August and September a total of 27 matters were lodged for review with VCAT. Of these:

(a) 33 % of matters were reviews lodged by applicants about a decision to impose conditions on a permit.

(b) 26 % of matters were applications by objector/s about Council’s decision to grant a permit.

(c) 19 % of matters were reviews lodged regarding Council’s failure to determine an application within the prescribed time.

(d) 15 % of matters were applications about Council’s decision to refuse to grant a permit.

(e) 7 % were applications about amendments to permits.

4. This information is shown in Attachment 1 alongside data from the previous two reporting periods.

5. So far this year a total of 71 applications for review have been lodged with VCAT. This compares with 78 applications lodged for the same period last year. If this trend continues, Council will experience a modest reduction in the overall number of appeals for the 2006 calendar year compared to last year. The data is detailed in a graph in Attachment 2.

Decisions Made by VCAT During the third Quarter of 2006.

6. The Tribunal decided on 12 review matters in July, August and September 2006, with 3 being withdrawn. Council was either fully or partly successful in 7 of the matters determined. This information is contained in Attachment 3.

Yarra City Council – Agenda Council Meeting – 21 November 2006

VCAT Annual Performance Report

7. The Tribunal released its yearly Performance Report recently which contains data on the number and types of hearings as a comparison with all Victorian councils. This data was collected over the financial year of 2005/06. The performance Report shows that the City of Yarra experienced a solid reduction in the number of appeals and on this, and other measures of VCAT activity, it significantly dropped down the ranking of councils. In particular:

(a) the City of Yarra had 119 applications lodged in this period compared with 140 in the financial year 2004/05;

(b) the City of Yarra ranked seventh behind the following councils in 2005/06:

(i) Boroondara City Council;

(ii) Stonnington City Council;

(iii) Mornington Peninsula Shire Council;

(iv) Port Philip City Council;

(v) Melbourne City Council; and

(vi) Monash City Council.

(c) in comparison the City of Yarra ranked equal third with Port Phillip City Council behind the following councils in 2004/05:

(i) Boroondara City Council; and

(ii) Mornington Peninsula Shire Council.

VCAT statistics showing the 20 councils with the most number of appeals lodged in the period 2004 to 2006 is contained in Attachment 4.

(d) the Tribunal has said that councils with a failure rate of less than 21% are performing well in respect to the timely assessment of planning applications. The results for comparable councils are:

(i) Frankston City Council 54%

(ii) Moonee Valley City Council 43%

(iii) Melbourne City Council 38%

(iv) Hume City Council 35%

In this period the City of Yarra had a total of 18% of its appeals lodged for failure to determine an application within the prescribed time. Attachment 5 contains the complete survey of the types of applications received by VCAT divided into Councils in 2005/06.

8. A full summary of all decisions made by VCAT during the third quarter is contained in Attachment 6.

Yarra City Council – Agenda Council Meeting – 21 November 2006

RECOMMENDATION

9. That the report be noted.

PLANNING, ENVIRONMENT & INFRASTRUCTURE COMMITTEE RECOMMENDATION

Moved: Councillor Fristacky Seconded: Councillor Maltzahn

That the recommendation be adopted.

CARRIED

CONTACT OFFICER: Lorraine Dowsey TITLE: Coordinator Planning Appeals TEL: 9205 5171

Attachment 1 – Number of Applications for Review Lodged With VCAT

Attachment 2 – Number of applications lodged in 2005 compared with 2006

Attachment 3 – Number of Review Matters Determined by VCAT

Attachment 4 – Top 20 Councils with the most number of appeals lodged

Attachment 5 – Excerpt from VCAT Planning & Environment List Survey Results for applications received 2005/06

Attachment 6 – Summary of VCAT Determinations

Adobe Acrobat Adobe Acrobat Document Document

Yarra City Council – Agenda Council Meeting – 21 November 2006

3.2 Request for Removal of Environmental Audit Overlay at 169 Roseneath Street, Clifton Hill

Executive Summary

Purpose

To consider a request for Ministerial authorisation to prepare and exhibit an amendment to the Yarra Planning Scheme to remove the Environmental Audit Overlay (EAO) from land at 169 Roseneath Street, Clifton Hill.

Key Issues

With the introduction of the new format Planning Scheme, the land at 169 Roseneath Street, Clifton Hill, was rezoned from an Industrial 1 Zone (IN1) to a Mixed Use Zone (MUZ) and therefore an EAO was applied.

The owner of 169 Roseneath Street, Clifton Hill, has requested that Council remove the EAO from his property, citing that there is no justification or evidence of (significant) contamination on the land (Attachment 1).

Removal of the EAO requires an environmental audit to establish that the site is not affected by contamination. There is currently insufficient justification to support removal of the Environmental Audit Overlay from the subject site.

Financial Implications

The processing of amendments has been budgeted for in the Strategic Planning operating budget 2006/07.

Environmental Implications

The removal of the EAO without thorough assessment (an environmental audit) would incur an environmental (health) risk.

City Plan, Strategy and Policy Implications

One of the strategic objectives of the Council Plan 2005/09 is “minimised exposure to risk by Council and the community”.

Proposal

That the owner of 169 Roseneath Street be informed that Council is not prepared to seek authorisation to prepare an amendment, under the provisions of Section 9 of the Planning and Environment Act 1987.

Yarra City Council – Agenda Council Meeting – 21 November 2006

3.2 Request for Removal of Environmental Audit Overlay at 169 Roseneath Street, Clifton Hill

File: PL05/1012 Responsible Officer: Coordinator Strategic and Economic Policy

Purpose

1. The purpose of this report is for Council to consider a request to seek Ministerial authorisation to prepare and exhibit a planning scheme amendment, to remove the Environmental Audit Overlay (EAO) at 169 Roseneath Street, Clifton Hill.

Background

Subject Land and Environs

2. The subject site is located at 169 Roseneath Street, Clifton Hill, 250 metres north of the Eastern Freeway, and 500 metres east of Hoddle Street. It is located directly across the road to the north of an existing Council operations depot (see Attachment 1).

3. The site is occupied by a dwelling and has residential properties situated immediately to the west and north, and a warehouse immediately to the east.

4. The area surrounding the site has a history of light industrial uses and an aerial photograph provides evidence that a quarry existed to the north of Ramsden Street.

Planning Scheme Controls

5. The site and surrounding area is currently in a Mixed Use Zone (MUZ) and is affected by an Environmental Audit Overlay (Attachment 2).

6. The Environmental Audit Overlay places requirements on the use and development of the land and states:

“Before a sensitive use (residential use, child care centre, pre-school centre or primary school) commences or before the construction or carrying out of buildings and works in association with a sensitive use commences, either:

A certificate of environmental audit must be issued for the land in accordance with Part IXD of the Environment Protection Act 1970, or

An environmental auditor appointed under the Environment Protection Act 1970 must make a statement in accordance with Part IXD of that Act that the environmental conditions of the land are suitable for the sensitive use.”

7. The EAO was applied to the site in 1999 with the approval of the new format Yarra Planning Scheme. The subject site, along with other land in the vicinity, was rezoned from an Industrial 1 Zone (IN1) to a Mixed Use Zone (MUZ). At that time, in response to Ministerial Direction No. 1, and the possibility that the land was contaminated, the EAO was applied to all land rezoned from an industrial zone to a zone that permitted a sensitive use.

Yarra City Council – Agenda Council Meeting – 21 November 2006

8. When a rezoning occurs, Ministerial Direction No. 1 states that before a sensitive use can commence a planning authority must satisfy itself that the environmental conditions of the land are or will be suitable for that use (see Attachment 3). In order to ensure that the land is suitable, the EAO is applied.

9. The panel report on the new format Yarra Planning Scheme, advised that the EAO should not be applied in a blanket fashion and stated that:

“A large number of sites throughout the municipality have been included in the EAO. It has been applied to all land which has been exhibited as changing from an industrial zone to another zone that allows a sensitive use (i.e. residential or mixed use) and to specific sites where a requirement for assessment was considered to be justified by the Council.

The practical outcome of this approach is that the Overlay has been applied to a large number of historic dwellings - 19th century residential building stock that is currently zoned general or light industrial and is now proposed to be included in a Residential 1 Zone or Mixed Use Zone. In such circumstances, each owner would need to obtain a certificate of audit to prove that the land is not contaminated. This is not considered by the Panel/Advisory Committee to be the intended approach to the use of the Overlay. Subsequent advice from the Department of Infrastructure confirms this view, with the Department stating that the EAO should not be applied if the Council is satisfied that the property has not had a history of industrial use.”

10. The EAO was nonetheless not removed from the subject site and its surrounds.

11. In October 2005, the owner of the site made an application for a planning permit for minor alterations and additions to his house at 169 Roseneath Street. A planning permit was subsequently issued with conditions requiring that either a Statement or Certificate of Environmental Audit be issued before development could commence.

12. The owner was dissatisfied with the conditions imposed in the planning permit and commissioned Coffey’s Geosciences Pty Ltd to conduct a review of the land to provide environmental advice on his behalf to Council.

13. There is no evidence to suggest that an industrial use was ever conducted on the subject site, which was developed as a house in the 1890’s.

14. A site history review conducted by Coffey’s, established that there has been ongoing use as a dwelling since the 1890’s. Prior to that, there is no available history of uses that may have occurred on the land. However, it is known that industrial uses have occurred in close proximity to the site, predominantly associated with the quarry immediately to the north of the site.

15. A review was conducted by Coffey’s in 2006. The review states that there is little to no contamination at surface level. Coffey states that it considers “that there was limited evidence of any significant potentially contaminating activities at the site.” This review does not satisfy the requirements of Ministerial Direction No. 1 – for a Statement or Certificate of Environmental Audit.

Yarra City Council – Agenda Council Meeting – 21 November 2006

16. Environmental audits have been conducted on nearby properties, including land directly north of the site at 2, and 4-8 Yambla Street, as well as 28-32 Yambla Street, Clifton Hill.

17. The results of the environmental audit precluded the land at 2-4 Yambla Street from being issued a Certificate of Environmental Audit, but rather a Statement to the effect that the land was suitable only for medium to high density residential development (not for low density residential development). A similar conclusion was reached for 28, 30 and 32 Yambla Street. This suggests that the area affected by the EAO may be subject to some contamination.

18. The owner may seek an exemption under Clause 6 of the Ministerial Direction on Potentially Contaminated Land. This would allow him to potentially gain Ministerial support, through the Department for Sustainability and Environment (DSE), to go ahead with the amendment process to remove the EAO from his property.

19. This advice was given to the owner and can be used to gain Ministerial support. Council is not obliged to run the amendment even with Ministerial support.

20. Council obtained legal advice from Maddocks. In summary, the advice is that the possible consequences of Council removing the EAO from the property in question, gives rise to a number of issues:

(a) removing the overlay without an environmental audit, exposes Council to issues of legal liability should humans be exposed to potentially harmful substances;

(b) it would be simpler for the applicant to comply with the conditions of the planning permit, rather than attempting to have the environmental audit overlay removed; and

(c) responsibility for conducting an environmental audit lies with the property owner, as outlined in the conditions on the issued planning permit.

21. Legal advice states:

“…a failure to require a Statement or Certificate under part IXD of the Environment Protection Act will certainly expose the planning authority to a significant legal risk.”

Consultations

22. The applicant’s position is that:

“Based on Coffey’s investigations, we consider that it is unnecessary to proceed with a further environmental assessment or statutory audit of this site, given the:

. Extended history of residential use of this site;

. Lack of historic industrial or commercial uses of this site; and

. Lack of any obvious indicators of any potential onsite or offsite sources of contamination”

Yarra City Council – Agenda Council Meeting – 21 November 2006

Financial Implications

23. The processing of amendments has been budgeted for in the Strategic Planning budget 2006/07.

Environmental Implications;

24. The removal of the EAO without a thorough assessment (an environmental audit) would incur an environmental (health) risk.

City Plan, Strategy and Policy Implications

25. One of the strategic objectives of the Council Plan 2005/09 is “minimised exposure to risk by Council and the community”.

Conclusion

26. It is considered that the Coffey’s report is not sufficient evidence to support removal of the Overlay.

27. Considering evidence of contamination found on nearby properties, and the legal advice obtained from Maddocks, it is considered that Council should not pursue removal of the EAO.

RECOMMENDATION

28. That the owner of 169 Roseneath Street be informed that:

(a) Council is not prepared to seek authorisation, under the provisions of Section 9 of the Planning and Environment Act 1987, to prepare an amendment to the Yarra Planning Scheme to remove the Environmental Audit Overlay from 169 Roseneath Street, Clifton Hill, at this time; and

(b) Council would be prepared to further consider a request for an amendment to the Yarra Planning Scheme to remove the Environmental Audit Overlay from the land subject to either a Statement or Certificate of Environmental Audit being issued for the land.

Yarra City Council – Agenda Council Meeting – 21 November 2006

Ms Natalie Jenkinson addressed the Committee on this item.

PLANNING, ENVIRONMENT & INFRASTRUCTURE COMMITTEE RECOMMENDATION

Moved: Councillor Maltzahn Seconded: Councillor Jolly

That the matter be deferred.

CARRIED

CONTACT OFFICER Evan Burman TITLE Strategic Planner TEL 9205 5075

Attachment 1 – Site Location Plan Attachment 2 – Environmental Audit Overlay Attachment 3 – Ministerial Direction No. 1 – Potentially Contaminated Land

Adobe Acrobat Document

Yarra City Council – Agenda Council Meeting – 21 November 2006

3.3 Community Amenity Unit – Quarterly Report

File No.: 25/25/07 Responsible Officer: Manager Building & Regulatory Services

Purpose

1. To provide a quarterly update on enforcement complaints received and subsequent investigations in the Community Amenity area.

Background

2. At its meeting of 12 December 2001 Council resolved to receive quarterly reports on planning enforcement issues. Further, at its meeting of 10 May 2005, Council resolved to receive quarterly reports on footpath trading issues. Councillors have also requested information on liquor licensing issues. This document incorporates the requested information into a single quarterly report.

Issues

Planning Enforcement Requests

3. Table 1 lists the planning enforcement requests received by Council for the period 1 July 2006 to 30 September 2006.

Scheme Breach of Planning Use Breach of Scheme – Construction Noise Breach of Permit – Heights Breach of Permit – Screening Breach of Permit – Vegetation Breach of Permit – Permit Development withouta Permit Development with a determine compliance Inspection required to Illegal Brothels TOTAL

Suburb Ward Richmond Melba 3 1 8 2 3 0 12 5 0 0 34 Burnley Melba 0 0 0 0 0 0 0 0 0 0 0 Cremorne Melba 0 0 2 0 0 0 1 0 0 0 3 Abbotsford Langridge 0 1 0 0 1 0 2 1 0 0 5 Collingwood Langridge 1 0 1 0 1 0 3 0 0 0 6 Collingwood Nicholls 0 0 0 0 0 0 0 0 0 0 0 Clifton Hill Langridge 1 0 2 0 1 0 0 1 0 0 5 Fairfield Langridge 0 0 0 0 0 0 0 0 0 0 0 Alphington Langridge 0 0 0 0 0 0 0 0 0 0 0 Fitzroy Langridge 0 0 0 0 0 0 8 3 0 0 11 Fitzroy Nicholls 0 0 0 0 0 0 0 0 0 0 0 Nth Fitzroy Nicholls 2 0 0 0 1 0 7 2 0 0 12 Nth Carlton Nicholls 0 0 1 0 2 0 3 1 0 0 7 Princes Hill Nicholls 0 0 0 0 0 0 0 0 0 0 0 SUB -TOTAL 7 2 14 2 9 0 36 13 0 0 TOTAL COMPLAINTS 83 Table 1

Yarra City Council – Agenda Council Meeting – 21 November 2006

4. The winter month’s trend for fewer complaints received continues this quarter with a decrease of 35.6% on the last quarter.

Planning Enforcement Action

5. Table 2 lists planning enforcement action undertaken by Council for the period 1 July 2006 to 30 September 2006. The list also includes items that arose during previous reporting periods, but are yet to be fully resolved.

Actions taken on complaints received this quarter Number Inspected and completed this quarter 47 Inspected and on-going 29 To be inspected 7 TOTAL 83

Proactive inspections 1

No Offence Detected (on initial inspection) 14 First inspection compliance rate 16.87%

Actions taken this quarter on complaints received Number previous quarters Completed this quarter 31 Inspected and on-going 7

Issues on hold / pending Number Referred to Building / Planning / Other 20 Interim Enforcement Order 0 Enforcement Order 4 Liquor Control Reform Act Section 90 applications (ongoing) 2 Liquor Control Reform Act Section 90 applications (this quarter) 0 Awaiting advice from Solicitors 5 Unpaid Planning infringements – with Solicitor for prosecution 1 Unpaid Planning infringements – sent Solicitor this quarter for 0 follow up Matters with Investigators for prosecution (planning/building) 4 TOTAL 36 Table 2

6. The Planning Enforcement Unit was one member down due to illness for the month of September. First inspection compliance rate is down by 8% on last quarter.

VCAT / Magistrate’s Court hearings

7. The list below details the matters heard at VCAT and Magistrate’s Court regarding Planning breaches between the period 1 July 2006 to 30 September 2006.

Month VCAT hearing Magistrate’s Court hearing July 1 0 August 1 2 September 1 1 TOTAL 3 3 Table 3

Yarra City Council – Agenda Council Meeting – 21 November 2006

Liquor Licensing Complaints

8. Table 4 lists the liquor licensing complaints received by Council for the period 1 July 2006 to 30 September 2006.

Complaint Type Number Received Liquor Licensing / Planning breach complaints received 5 Music noise complaints received 92 Public Behaviour complaints received 54 TOTAL COMPLAINTS 151

Number of complainants 45 Number of licensed venues involved 28 Number of unlicensed venues involved 16 Table 4

9. Music noise continues to be an issue. In relation to the number of licensed venues involved for this quarter, there are 5 new venues and the remainder are ongoing issues and venues that have re-offended.

10. Sixteen complaints relate to non licensed premises where parties or similar have been conducted and generated noise, these premises are being monitored and owners made aware of the regulations and their obligations.

11. It should be further noted relative to venues in the above table, that a number have changed hands and new owners have moved in and created noise. Generally these are resolved quickly and become “one offs”.

12. At its meeting of 18 July Council requested a quarterly report on:

(a) the number of complaints regarding patron behaviour, noise and street behaviour;

(b) action taken to deal with each of these issues; and

(c) the effectiveness of the Licensees Accord (Forum) and existing state and local law provisions dealing with these matters.

Complaint Types

Patron behaviour

13. Patron behaviour relates to behaviour of persons within the confines of a licensed premise i.e. beer garden or similar, or a premise that has conducted a party that generates people noise from the premises.

14. One complaint of people noise was received in the reporting period, the premises in question is subject to evidence gathering for a section 90 application. The licensee was spoken to in relation to this matter.

15. Enforcement of people noise is a grey area; there is no legislation that specifically deals with the issue. Council is reliant on the amenity clause associated with business / mixed use zones of the planning scheme for relief. Council’s Noise Officer is formulating a decibel reading regime to correlate people noise to music noise as an equivalent evidentiary value.

Yarra City Council – Agenda Council Meeting – 21 November 2006

Public / Street behaviour

16. Public / Street behaviour relates to patrons leaving a premises, licensed or not, and persons moving through the streets of Yarra having been at or going to an entertainment venue or party. One off days, i.e. Grand Final day, first day of Boxing Day test, exacerbate the issues when there is by far a greater influx of persons walking through the streets, particularly in the Swan Street, Lennox Street, Bridge Road and Hoddle Street precinct.

17. Fifty-three issues were recorded including offences detected proactively during the reporting period. Issues included general unruly and loud behaviour, drinking on the street, blocking of footpaths, brawling and various levels of drunkenness.

18. Enforcement of offences detected or witnessed on the street are the sole responsibility of the Victoria Police. Each incident reported and observed by Council staff is reported to the Police at the time for action.

19. Police and Council, from time to time, run joint liquor licensing operation over a Friday and Saturday night where specific venues are visited and anti-social behaviour targeted. This occurred twice in 2006, both times in the Fitzroy areas. These operations are most worthwhile and have a marked effect on street behaviour and will continue as Police resources permit.

Music Noise

20. Music Noise relates to the emission of amplified music whether pre-recorded (DJ) or live music performed by a band. In relation to licensed premises the music noise becomes a complaint anecdotally when it escapes the confines of the building and can be heard in a habitable room of a residence or exceeds the State Environment Protection Policy N2 (SEPP N2) provisions. Music noise described as unreasonable noise can also be a residential to residential issue, both dealt with under the Environment Protection Act 1970.

21. Ninety two complaints (from 45 complainants involving 28 licensed premises) were received for the reporting period. As a result noise readings were taken, responsible licensees were informed and 21 Planning Infringement Notices were issued.

Licensees Forum

22. Licensees Forum refers to the bi monthly meeting of Yarra licensees facilitated by the Victoria Police and Council attended by representatives from the Australian Hotels Association and Liquor Licensing Victoria. The Licensees accord refers to the document signed by licensees as part of the forum that goes to best practice for the operation of licensed premises.

23. There are currently 179 licensees on the Yarra Licensee’s Forum mailing list. The forum strives to sign all Yarra licensees to the accord document. The accord document, among other things, requires minimum standards of best practice in, the responsible serving of alcohol, security / safety of patrons and amenity impacts.

Yarra City Council – Agenda Council Meeting – 21 November 2006

24. A working group comprising of forum members, Police and Council has been formed to investigate no late night sales of large sales of beer (slabs) and alcohol in glass containers and patron ‘lockout’ as a means of minimising anti- social public behaviour in the street. (The ‘lockout’ approach is where patrons need to be in the premises by a certain time, say 1-00 am, but where the premises can still remain operating till later, say 3-00 am) – this is to minimise the propensity for people to wander the streets looking for another venue after leaving one that has closed).

25. It should be noted that there is a relatively high turn over rate of licensees and ownership of licensed premises. Yarra has in the vicinity of 600 licensed premises, holding various types of licenses and approximately one third change hands every year.

Planning Enforcement – Infringement Notices Issued

26. Table 5 presents the number of planning enforcement infringement notices issued by Council (including those for liquor license breaches) for the period 1 July 2006 to 30 September 2006.

Number issued

24 Planning Enforcement 3 Liquor Licensing 21 Table 5

Footpath Trading Statistics

27. Table 6 presents data related to footpath trading complaints and enforcement for the period 1 July 2006 to 30 September 2006.

Breaches Number of Notices to Warnings Infringement breaches Comply issued issued detected issued Complaints received 19 2 17 0 Proactive offences detected 8 3 5 0 TOTAL 27 5 22 0 Table 6

28. The vacant full time Footpath Trading Compliance Officer position has been filled and the successful applicant commenced on 31 July 2006.

Measures to improve Amenity with regard to dogs

29. At its meeting on 18 July 2006, Council requested a report in relation to animal management issues, be provided in the November Community Amenity Quarterly Report.

Restructure

30. The Community Amenity Unit (the Unit) through a minor restructure has increased animal management resources by .05 EFT to 1.5 EFT when at full strength. This increase will allow for a greater presence within the municipality particularly open space areas. The emphasis will be on dogs being under effective control and on leash in the on leash areas. Part of this emphasis will

Yarra City Council – Agenda Council Meeting – 21 November 2006

be to reduce dog waste in activity centres, school precincts and open space areas.

Animal Management programs

31. To coincide with daylight savings early morning and late night pooch patrols will commence. This is to ensure a presence when people are actually walking and exercising their dogs. This year’s focus will be engaging the community on responsible pet ownership:

(a) picking up after your dog;

(b) carrying suitable devices to pick up after your dog; and

32. Information tables will be set in open space areas and activity centres, manned by unit staff for the purposes of education and making dog owners and non dog owners aware of the rights and obligations under the Domestic Feral and Nuisance Animals Act 1994 (The Act), Council’s Local law and Council’s Order made under the Act .

33. The times and locations of the information will be advertised and will concentrate on high use parks and streets so as to engage maximum number of dog owners and non dog owners.

34. The unit utilises the “ask, tell and enforce” approach when breaches are detected. This approach is educative primarily and enforcement used as a last resort.

Spring Patrol 2006

35. A series of early spring patrols were undertaken to anecdotally scope the issue of dog waste, responsible pet ownership and adherence to requirements of on and off lead areas. The patrols were conducted in Darling Gardens and Curtain Square, with results detailed.

Yarra City Council – Agenda Council Meeting – 21 November 2006

36. The following table details the results of this patrol.

NO. OF DATE TIME LOCATION FAECES COMMENTS SIGHTED 11.00- Curtain Square 1 verbal warning issued to 19/09/06 5 11.30am North Carlton owner for dog off leash 4 dogs in park - No offences 12.00- Darling Gardens 19/09/06 10 observed. All persons with 1.00pm Clifton Hill devices. 12.30- Darling Gardens 3 dogs in park - One warning - 20/09/06 10 1.30pm Clifton Hill no device. 9.30- Darling Gardens 5 dogs in park - No offences 21/09/06 10 10.30am Clifton Hill observed 11.00am- Curtain Square 21/09/06 6 No dogs observed 12.00pm North Carlton 3 dogs in park - No offences 1.00- Darling Gardens 26/09/06 9 observed. All persons with 2.00pm Clifton Hill device for pick up. 2 dogs in park - 1 verbal 10.30- Curtain Square 27/09/06 6 warning issued to owner for 11.30am North Carlton dog off leash 6 dogs in park - 1 verbal 3.00- Darling Gardens 27/09/06 9 warning issued for dog off 4.00pm Clifton Hill leash in on leash area 1 dog in park - 1 verbal 12.00- Curtain Square 29/09/06 5 warning issued to owner for 1.00pm North Carlton failing to pick up after dog 2.30- Darling Gardens 6 dogs in park - No offences 29/09/06 8 3.30pm Clifton Hill observed 2 dogs in park - No offences 9.00- Darling Gardens 03/10/06 7 observed. All with device to 10.00am Clifton Hill pick up. 1 dog in park - 1 verbal 2.00- Curtain Square 03/10/06 3 warning issued to owner for 3.00pm North Carlton dog off leash 7 dogs in park - 2 verbal 8.30- Darling Gardens 04/10/06 7 warnings issued for dogs off 9.30am Clifton Hill leash in on leash area Curtain Square 04/10/06 1.30-2.00 3 No dogs observed North Carlton 2 dogs in park - 1 verbal 9.00- Curtain Square 06/10/06 4 warning issued to owner for 10.00am North Carlton dog off leash 11.30am- Darling Gardens 2 dogs in park - 1 person 06/10/06 7 12.30pm Clifton Hill warned - no device. 44 DOGS SIGHTED - 9 15 TOTALS VERBAL WARNINGS HOURS ISSUED TO DOG OWNERS Table 7

37. As can be seen from the table the amount of dog waste during the hours visited by officers remained static with no increases over the duration of the patrols. The times where chosen as relatively high use of the park was known to occur.

38. A follow up series of inspections will be undertaken in November to ascertain if the officer’s presence has been successful in reducing the amount of dog waste in these parks.

Yarra City Council – Agenda Council Meeting – 21 November 2006

RECOMMENDATION

39. That the Community Amenity quarterly report be noted.

PLANNING, ENVIRONMENT & INFRASTRUCTURE COMMITTEE RECOMMENDATION

Moved: Councillor Fristacky Seconded: Councillor Jolly

That the recommendation be adopted.

CARRIED

CONTACT OFFICER: Ken Wolfe TITLE: Coordinator Community Amenity Unit TEL: 9205 5015

Yarra City Council – Agenda Council Meeting – 21 November 2006

3.4 Water Action Plan

File: 33/10/03 (I06/2034) Responsible Officer: Coordinator Environmental Services

Purpose

1. To seek Council approval to commence community consultation on the Draft Water Action Plan, which forms Milestone 3 of the International Council for Local Environmental Initiatives (ICLEI) Water Campaign and the Water Sensitive Urban Design (WSUD) Guidelines.

Background

2. In November 2003 Council motioned to enter into an agreement with the ICLEI Water Campaign Program. This program involves completing five milestones within a framework of both Council and Community water consumption and water quality improvement. The five milestones include:

(a) Milestone 1: Inventory and forecast direct and indirect impact on local water resources;

(b) Milestone 2: Establish targets for water quality and water quantity;

(d) Milestone 4: Implement policies and measures; and

(e) Milestone 5: Monitor and report results.

3. Milestone 1 involved data input and assessment of water use and water quality information, commencing with a base year of 2000/2001. This was complete in June 2004.

4. In September 2004 Council adopted Milestone 2 which establishes the targets for water reduction and water quality improvement within Council and the community. Implementing the actions identified in the Water Action Plan is important in reaching these targets.

5. In June 2005 a Sustainable Water Use Plan was adopted by Council, this identified actions and targets to reduce water consumption within Council. This information has been incorporated in the Draft Water Action Plan (Milestone 3).

6. The Water Action Plan (refer Attachment 1) identifies actions to reduce Council and community water consumption. The plan also identifies targets and actions to improve water quality through Council operations and within the municipality.

7. The Water Action Plan sets out the following three overarching objectives for water management in the City of Yarra:

(a) reduce water consumption;

(b) improve stormwater quality entering the Yarra River and local creeks; and

Yarra City Council – Agenda Council Meeting – 21 November 2006

8. The objectives will be achieved through the following targets:

(a) Reduce Council water consumption by 40% by 2015, below the baseline year 2000/2001;

(b) Reduce community water consumption by 25% by 2015, below the baseline year 2000/2001 and;

(c) Minimise stormwater pollution and nutrient loading to the Yarra River and local waterways by meeting stormwater best practice targets.

9. The Water Action Plan includes an implementation plan that describes specific actions to be undertaken by Council and the community to meet the water conservation and quality targets.

10. Council has also prepared WSUD Guidelines (refer Attachment 2) with the assistance of Melbourne Water. The guidelines provide case studies for different projects throughout Yarra, demonstrating different ways of implementing WSUD.

11. The WSUD Guidelines provide guidance on water quality improvement measures that can be undertaken by residents, businesses and Council. These guidelines provide practical advice for implementing WSUD principles within urban development and explore practical water management options for residents, councils, developers and businesses based on WSUD’s guiding principles, which are:

(a) reducing water consumption;

(b) reducing wastewater;

(d) best practice management for stormwater before discharge to the aquatic environment.

12. The outcomes are achieved using the following Guiding Principles:

(a) demand management;

(b) ‘fit-for-purpose’ water use;

(d) applying stormwater best practice environmental management.

13. These Guidelines establish targets to measure performance against our desired outcomes. WSUD is applied in a range of local scenarios to exemplify their relevance and are supported by a series of useful WSUD Fact Sheets.

14. Research indicates that built up urban areas like the City of Yarra contribute to stormwater pollution and therefore have an equal responsibility to improve water quality. Yarra City Council – Agenda Council Meeting – 21 November 2006

15. While many view that WSUD is only effective in large Greenfield sites because of the limited space available in the inner city. However, these guidelines demonstrate how WSUD elements can be designed for all different scales, large and small, with treatment able to be applied to any site. WSUD elements can therefore be continuously incorporated into the City of Yarra’s ongoing urban regeneration and renewal.

16. The document contains three main sections:

(a) principles of WSUD, particularly as applied within the City of Yarra;

(b) a selection of case studies relevant to a range of stakeholders, different building types and demonstrating practical applications for WSUD; and

(c) a series of fact sheets focusing on specific topics, WSUD elements and treatment technologies provide a greater understanding of the WSUD constituents.

Consultations

17. The Plan has been developed with the assistance of the former ECAC, City West Water, Yarra Valley Water and Melbourne Water. The plan will also be reviewed by ICLEI. Council managers and officers were consulted throughout the development of this plan, including: Open Space, Assets, Infrastructure, Recreation, Leisure, Contract Services and Public Health.

18. The WSUD Guidelines were developed in consultation with Melbourne Water and council officers from Infrastructure, Urban Planning and Environmental Management and Open Space.

19. The Water Action Plan and the WSUD Guidelines will be available for public comment on the Yarra web site.

Financial Implications

20. The Action Plan identifies a list of activities to be undertaken across council. The specific activities will be identified as part of the annual budget process through the capital and operating budgets. The plan is for a period of three years and the costs will be spread over this period with the highest priority actions being undertaken first.

21. This Plan will stand the Council in good stead to attract future State and Federal Government funding for water conservation initiatives and projects involving WSUD to improve waterway quality. The WSUD works will be incorporated into existing capital works projects, with some initial funding from Melbourne Water.

Economic Implications

22. The actions identified in the plan will lead to a reduction in water use for Council, and across the municipality, which is important given the State Government have indicated future increases to water costs.

Yarra City Council – Agenda Council Meeting – 21 November 2006

Environmental Implications

23. Implementation of this plan will provide for significant water use reduction, assisting in the state-wide water conservation agenda, ensuring adequate future water supply without the construction of new dams.

24. Improvements to the water quality will enhance our natural assets, essential in Yarra’s urban setting. The targets and actions for water quality outlined in the plan are also inline with Melbourne Water’s focus on water quality improvements in the Lower Yarra River.

Social Implications

25. By implementing the Water Action Plan Council will be setting the standard within the community, acting as a leader by providing strong positive examples of water conservation and water quality improvement measures to residents, business and industry.

26. The water conservation and water quality improvement actions will enable Council to maintain high amenity values in open space and recreation areas whilst complying with Water restrictions.

Council Plan, Strategy and Policy Implications

27. Council committed to joining the ILCEI Water Campaign in the Council Plan 2004/08. The current council plan confirms that council will contribute to the whole of catchment water quality improvement and participate in programs to save water.

Legal Implications

28. Council has a legal obligation to comply with water restrictions. An agreement has been made between Council and ICLEI to progress through the ICLEI Water Campaign.

Proposal

29. That Council endorse the Water Action Plan and the WSUD Guidelines to be exhibited for public comment.

RECOMMENDATION

30. That Council endorse the Water Action Plan and the WSUD Guidelines to be exhibited for public comment.

Yarra City Council – Agenda Council Meeting – 21 November 2006

PLANNING, ENVIRONMENT & INFRASTRUCTURE COMMITTEE RECOMMENDATION

Moved: Councillor Maltzahn Seconded: Councillor Fristacky

1. That Council endorse the Water Action Plan and the Water Sensitive Urban Design Guidelines to be exhibited for public comment with the inclusion of an item that Council investigate steps to ensure that any water saved in the City of Yarra as a result of the Water Action Plan has an environmental benefit.

CARRIED

CONTACT OFFICER: Cathy Bates TITLE: Coordinator Environmental Management TEL: 9205 5023

Attachment 1 – Water Action Plan Attachment 2 – Water Sensitive Urban Design Guidelines

Adobe Acrobat Adobe Acrobat Adobe Acrobat Adobe Acrobat Document Document Document Document

Yarra City Council – Agenda Council Meeting – 21 November 2006

CONFIDENTIAL BUSINESS REPORTS

The following items were deemed by the Chief Executive Officer to be suitable for consideration in closed session in accordance with section 89 (2) of the Local Government Act 1989. In accordance with that Act, Council may resolve to consider these issues in open or closed session.

RECOMMENDATION

1. That the meeting be closed to members of the public, in accordance with section 89 (2) of the Local Government Act 1989, to allow consideration of:

(a) contractual matters;

(b) legal advice;

(d) matters prejudicial to Council and/or third parties; and

(e) personnel matters.

2. That all information contained within the Confidential Business Reports section of this agenda and reproduced as Council Minutes be treated as being and remaining strictly confidential in accordance with the provisions of sections 77 and 89 of the Local Government Act 1989 until Council resolves otherwise.

Yarra City Council – Agenda Council Meeting – 21 November 2006