om 9 september 2013 agenda

Ordinary Meeting of Council

Council Chambers, Service Centre

275 Upper Heidelberg Road, Ivanhoe

9 September 2013 commencing at 7.45pm

Following the public forum commencing at approximately 7.30pm and may be extended to 8pm if necessary.

AGENDA

The Mayor’s Acknowledgement of the Wurundjeri People “Our Meeting is being held on the traditional lands (country) of the Wurundjeri people and I wish to acknowledge them as the traditional owners and pay my respects to their Elders.”

Apologies and Leave of Absence Cr Mark Di Pasquale submitted a Leave of Absence for 24 September 2013 to 17 October 2013 (inclusive)

Confirmation of Minutes Ordinary Meeting of Council held 26 August 2013

Disclosure of Interests

1. Petitions

Nil

REPORTS:

2. People – Community Strengthening and Support

2.1 Olivia Newton-John Wellness Walk: Sunday 15 September 2013 ........................... 3

3. Planet – Environmental Sustainability

Nil

4. Place – Sustainable Amenity and Built Environment

4.1 Notice of Decision Ivanhoe Shopping Centre - Special Rate Scheme .................................................................................................................. 9

4.2 Pedestrian/Cyclist "Black Area" program .............................................................. 19

AGENDA (Cont’d)

Ordinary Meeting of Council - 9 September 2013

5. Participation – Community Involvement in Community Life

5.1 Ward Fund Allocations .......................................................................................... 25

6. Performance - Use Our Resources Wisely

6.1 Certification of the 2012/2013 Financial Statements, Standard Statements and Performance Statement .............................................................. 27

6.2 Review of the Councillor Code of Conduct ............................................................ 30

6.3 Assembly of Councillors ........................................................................................ 35

6.4 Council Meeting Dates for 2014 ............................................................................ 38

7. Sealing of Documents

Nil

8. Notices of Motion

8.1 Watsonia Motor Show ........................................................................................... 39

9. General Business

10. Urgent Business

Closure of Meeting

2.1

People – Community Strengthening and Support


2.1 OLIVIA NEWTON-JOHN WELLNESS WALK: SUNDAY 15 SEPTEMBER 2013

Author: Erica Hardie - Economic Development Officer, City Development

Ward: Griffin

File: BS26/050/002

SUMMARY

For Council to consider options to support the Olivia Newton-John Wellness Walk on Sunday 15 September 2013.

OFFICER DECLARATION OF CONFLICT OF INTEREST

Section 80C of the Local Government Act 1989 requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter.

CITY PLAN

This report is in line with Council’s City Plan key direction of “engage meaningfully with our community”.

BACKGROUND

The Olivia Newton-John Wellness Walk fundraiser on Sunday 15 September for the Olivia Newton-John Cancer and Wellness Centre at the Austin (ONJCWC) is likely to attract up to 2,000 walkers and up to 10,000 visitors to the Ivanhoe Shopping Centre to witness the walk and see Olivia Newton-John. It could be one of the biggest events Ivanhoe has hosted in recent times. The event is of national and international significance and could be covered by local, national and international media agencies. The Fundraising Department of the Austin Hospital has contacted Council with funding options from $5,000 to $50,000 to support the Wellness Walk. The three key options for Council to consider are:

Gold Sponsorship: $25,000 + GST, No in-kind contribution

Gold Sponsorship*: $10,000 + GST, $20,000 in-kind contribution and a reduction in entitlements

Silver Sponsorship: $10,000 + GST, No in-kind contribution * To be negotiated with the Austin hospital These options are further explored in the Budget section of this report which suggests a negotiated Gold Sponsorship Package that would cost Council $10,000 in cash and $20,000 in kind.

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OLIVIA NEWTON-JOHN WELLNESS WALK: SUNDAY 15 SEPTEMBER 2013 cont’d


Olivia Newton-John Wellness Walk On Sunday 15 September Olivia Newton-John will lead her first charity walk in Australia to raise money for the ONJCWC in Heidelberg. The public will be invited to walk with Olivia for 4km from the shops in Upper Heidelberg Road, Ivanhoe to the Cancer and Wellness Centre at the Austin Hospital near Heidelberg railway station. The return journey will finish at Ivanhoe where there will be a street party, hosted by the Ivanhoe Traders’ Association. This event is of significance to Banyule and the Ivanhoe Traders’ Association, which has partnered with the Austin Hospital to deliver the Walk. The event will attract thousands of visitors to the centre, including hundreds of walkers. Olivia Newton-John Cancer & Wellness Centre (ONJCWC) The ONJCWC is a purpose built, integrated cancer and wellness centre that is an international leader in medical treatment, cancer research, wellness and supportive care. On 20 September Olivia will open the second and final stage of the Cancer and Wellness Centre, including two new inpatient wards, a palliative care ward and two new research floors. Government funding paid for the building but resources are still required towards the delivery of programs which cost an estimated $1 million per year. Examples of the programs include yoga, counselling, nutrition, art therapy and massage. It is hoped that the Wellness Walk will raise more than $180,000 towards the wellness programs, new research into cancer treatments and, one day, towards a cure.

HUMAN RIGHTS CHARTER

In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in this report. It is considered that the subject matter does not raise any human rights issues.

FUNDING IMPLICATIONS

Sponsorship Packages Events such as the Wellness Walk include a range of costs involving road closures, traffic management, security, cleansing, promotion, logistics and more. The Ivanhoe Traders’ Association will spend up to $60,000 on the event. The Notice of Decision for the Ivanhoe Traders Associations Special Rate scheme is to be presented at Council’s Ordinary Meeting on 9 September. The proposed scheme will raise a total of $120,000 and with Council’s contribution of $100,000 will provide the Association with a total annual budget of $220,000 per annum. It is this

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budget, including Council’s contribution that enables the Association to financially support the Wellness Walk. The Ivanhoe Traders Association has recommended that Council sponsor the event to the value of $25,000 in cash plus the in-kind contribution detailed in option three below. Banyule Council’s sponsorship would assist the ONJCWC to host the event in Banyule and help reach the $180,000 fundraising target. It is suggested that Council negotiate a tailored version of the Gold Sponsorship Package so we would be promoted as a Gold Sponsor during the event: Option One - Gold Sponsorship ($25,000 + GST) No in-kind contribution Sponsorship Entitlements:

A Reserve 6 seats for the Wellness VIP Intimate Breakfast with Olivia (valued at over $600)

Signed CD or Cookbook signed by Olivia per guest at the VIP Breakfast (valued at $1,000)

Company logo, large size, on the screen at the VIP breakfast

Company logo on side of stage signage at VIP breakfast

Table photo with Olivia at the VIP breakfast

20 walker entries to the event (valued at $600)

Company logo, larger size on the ONJCWC website

Company flyer on promotional flyers

Company logo, medium size on promotional posters

Company logo on the ONJCWC Newsletter – 30,000 supporters

Company name listed in Austin Health internal newsletter – over 8,000 staff members

Company name listed on the ONJCWC E-Newsletter

4 Tickets for the ONJ Gala Ball. Held on 20 September 2013 (valued at $1,800)

Right to include one item in the goodie bags to all participants

Premium location marque provided at the event 3x3 (valued at $600)

Option Two – Silver Sponsor ($10,000 + GST) No in-kind contribution

A Reserve 4 seats for the Wellness VIP Intimate Breakfast with Olivia (valued at $400)

Signed CD or Cookbook signed by Olivia Newton-John per sponsor (valued at $100)

Company logo, medium size, scrolling on the screen at the VIP Breakfast

Company logo, medium size, on all tables at the VIP Breakfast

10 walker entries to the event (valued at $300)

Company logo, medium size, on the ONJCWC website

Company logo, medium size on promotional posters

Company logo on the ONJCWC Newsletter – 30,000 supporters

Company name listed in the Austin Health internal e-Newsletter – over 8,000 staff members

Company name listed in the ONJCWC e-Newsletter

2 tickets for The ONJ Gala Ball. Held on 20 September 2013 (valued at $900)

Right to include one item in the goodie bags to all participants

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Option Three - Gold Sponsorship - To be negotiated ($10,000 + GST) Option 1 less specific entitlements plus $20,000 in kind contribution Sponsorship Entitlements as listed in the Gold Package above, minus:

Signed CD or Cookbook signed by Olivia per guest at the VIP Breakfast (valued at $1,000)

Reduction of walker entries by 7 places (7 places valued at $210)

In-Kind Contribution:

Mail drop to approximately 4,000 households advising of event and transport and parking implications (value TBC)

Centre Ivanhoe reduced letting fee (valued at $1,100)

Opening and staffing of the Town Hall on the day of the walk so walkers and visitors can enter the building to view it and use toilet facilities (saving up to $4,200 in temporary toilet costs)

A cleaner for the day across the Seddon street toilet block and Banyule customer service centre (valued at $400).

Provision of additional bins on the day of the walk (up to $200).

Staff volunteers on the day (forecast minimum 15 volunteers, valued at $420 each for 6 hours, totalling approx. $6,300)

Banyule Customer Service staffing and stand at the event

Event permit application support from several Council areas including transport, environmental health, local laws, cleansing and economic development.

Appearance on Banyule Council website (home page) and in social media

Special Business e-bulletin calling for sponsorship and involvement, sent to over 2,000 recipients

Promotion at August Banyule Business breakfast, to approximately 150 representatives

Promotion at Northern Business Achievement Awards breakfast, 200+ representatives including regional business leaders

Feature on Destination Melbourne’s “Discover Your Own Backyard” regional tourism website

Use of Corporate noticeboards in Banyule Customer Service Centres in the lead up to the event and promotional flyers and donation tins available at customer service centres

Media Releases

Overall, the in-kind contribution would be worth at least $20,000 and provide the Austin Hospital with the opportunity to leverage Banyule Council’s local business contacts for additional sponsorship.

DISCUSSION

Why Support the Walk? Economic Contribution of the Austin Hospital Austin Health is the largest employer within Banyule, with a workforce of about 7,500. Of the 7,500 employees, around 40% of the workforce resides in Banyule. Showcasing Banyule to Australia and the World The event will be a major tourism drawcard across the Greater Melbourne area and beyond, a significant proportion of which may not have experienced Banyule’s unique offer. Banyule has much to showcase: home to picturesque parklands, vibrant shopping centres and unique cultural and heritage attractions. By welcoming visitors to Banyule, we bring vitality to our communities. Such vitality encourages restaurants to

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open for longer, gives our retail sector confidence, generates employment opportunities and instils community pride. Tourism opportunities are able to grow to their greatest potential when business, community and the government work together. Banyule Council has a unique opportunity to support the community, including local businesses, to deliver the event. Council is well positioned as a collaborative and socially responsible organisation to welcome visitors and, with the Ivanhoe Traders’ Association, support this national and internationally significant event. Supporting a good cause In 2013, about 124,910 Australians are expected to be diagnosed with cancer. An estimated 149,990 are expected to be diagnosed in 2020. One in two Australian men and one in three Australian women will be diagnosed with cancer by the age of 85. Cancer is the leading cause of death in Australia. In Banyule alone between the years 2005 and 2009 it was estimated that there were approximately 690 cancer cases diagnosed each year. It is likely that most Banyule staff and the wider resident community have been or will be affected by cancer. The cause is close to many, who will value a local opportunity to support the Cancer and Wellness centre including its research function.

CONCLUSION

Given the local and regional significance of the event it is suggested that Council consider the Gold Sponsor package with a combination of cash and in-kind contributions. This approach would minimise Council’s cash outlay, maximise staff involvement and ensure Council plays an important role in an event that has the potential to be of national and international significance. It is proposed that the in-kind costs mentioned above would be met by the relevant departments. The cash contribution would need to be considered by Council.

RECOMMENDATION

That Council commits $10,000 cash to the Olivia Newton-John Wellness Walk in addition to $20,000 worth of in-kind contributions listed in this report.

ATTACHMENTS

Nil

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Place – Sustainable Amenity and Built Environment


4.1 NOTICE OF DECISION IVANHOE SHOPPING CENTRE - SPECIAL RATE SCHEME

Author: Nicole Maslin - Economic Development Officer, City Development

File: 26/050/008

SUMMARY

To formally consider all written submissions received under sections 163A and 223 of the Local Government Act 1989 (Act) and to take account of all written objections lodged under section 163B of the Act in relation to the proposed Special Rate Scheme for the Ivanhoe Shopping Centre (Special Rate or Scheme). It is intended, following a consideration of submissions received and the taking into account of objections lodged, that Council will make a decision as to whether or not a new Special Rate Scheme will be declared for the Ivanhoe Shopping Centre (Shopping Centre).


Section 80C of the Local Government Act 1989 requires members of Council staff and persons engaged under a contract to provide advice or a report to a meeting of the Council to disclose any direct or indirect interest in a matter to which the advice or the report relates, and must do so before the advice or report is considered by the Council.

Council officers involved in the preparation of this report have no conflict of interest in this matter

CITY PLAN

This report is in line with Council’s City Plan key direction to “support thriving commercial and retail activity”.

BACKGROUND

At its meeting on 15 July 2013, Council resolved that it:

1. Notes the letter received from the Ivanhoe Traders’ Association Incorporated

(Traders’ Association) requesting the reintroduction of a Special Rate for the Ivanhoe Shopping Centre (Shopping Centre) and the initial letter sent by Council to the owners and the occupiers of the properties included in the Shopping Centre proposing the reintroduction of a Special Rate in the form of the attachments to the resolution (being Attachments 1 and 4 respectively) and, having otherwise considered all relevant matters, commences the statutory process under the Local Government Act 1989 (Act) to reintroduce a Special Rate to and for the properties within the defined Shopping Centre, such Special Rate to raise an amount of $120,000 per annum for a period of five years, commencing on 1 July 2013 and ending on 30 June 2018.

2. Acting in accordance with sections 163(1A) and 163B(3) of the Act, directs that public notice be given in “The Weekly Review” newspaper of the intention of Council to declare at its ordinary meeting to be held on 9 September 2013 in accordance with the proposed declaration of Special Rate in the form of the

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NOTICE OF DECISION IVANHOE SHOPPING CENTRE - SPECIAL RATE SCHEME cont’d


attachment to this resolution (being Attachment 2) (Proposed Declaration of Special Rate), such Special Rate to be for the purposes of defraying expenses to be incurred by Council in providing funds to the incorporated body known and operating as the Ivanhoe Traders’ Association Incorporated, which funds, administratively only and subject always to the approval, direction and control of Council, are to be used for the purposes of contracted support, promotional, advertising, marketing, business development and other incidental expenses as approved by and agreed to from time to time between Council and the Traders’ Association, all of which are associated with the encouragement of commerce, retail, and professional activity and employment in the Shopping Centre .

3. Directs that, in accordance with section 163(1C) of the Act, separate letters enclosing a copy of the public notice are to be sent to the owners and the occupiers of the properties referred to and set out in the listing of rateable properties set out in Schedule 2 to the Proposed Declaration of Special Rate, advising of the intention of Council to declare the Special Rate at its ordinary meeting to be held on 9 September 2013, the amount for which the property owner or the occupier (being a person who as a condition of a lease under which the person who occupies the property is required to pay the Special Rate) will be liable, the basis of the calculation and distribution of the Special Rate and notifying such persons that submissions and/or objections in writing in relation to the Proposed Declaration of Special Rate will be considered and/or taken into account by Council in accordance with sections 163A, 163B and 223 of the Act.

4. Advises the Traders’ Association of the matters specified in paragraphs 1, 2 and 3 of this resolution.

5. Notes the funding implications of the Special Rate and further, that these will be

considered as a part of Council’s 2013/2014 to 2017/2018 Capital Works Budgets.

6. Authorises the Council’s Director of City Development or the person for the

time being acting in that position –

(a) to carry out any and all other administrative procedures necessary to enable Council to carry out its functions under section 163A and section 163(1A), (1B) and (1C) and sections 163B and 223 of the Act; and

(b) to prepare a funding agreement between Council and the Traders’ Association to formalise the administrative operations of the Special Rate, such agreement being to ensure that at all times, and as a precondition to the payment of any funds by Council to the Traders’ Association, Council is, and remains, legally responsible for approving, directing and controlling the expenditure of the proceeds of the Special Rate in accordance with its obligations under the Local Government Act 1989 to do so.

7. Council directs that the agreement specified in paragraph 6(b) of this resolution

is to be subsequently submitted to Council for approval and sealing before the proceeds of the Special Rate, or any part of them, are paid to the Traders’ Association for the purposes for which the Special Rate has been made.

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In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities Act 2006 is in any way limited, restricted or interfered with by the recommendations contained in this report. It is considered that the subject matter does not raise any human rights issues.

CURRENT SITUATION

The implementation of the Ivanhoe Shopping Centre Business Plan is part of an initiative by which Council encourages commerce, retail and professional activity and employment in the wider Ivanhoe Shopping Centre district.

The area known as the Ivanhoe Shopping Centre is a defined area that is based on an analysis of the zoning structure under the Banyule Planning Scheme and an assessment of the current and potential land use for commercial, retail and professional purposes. These premises are identified in the listing of the properties forming a part of the proposed declaration of Special Rate (refer Attachment 1). In order to raise $120,000 per annum, the properties included in the Scheme will be levied a combination of a Special Rate and Special Charge based on the capital improved value (CIV) of each property multiplied by an amount of 0.047396, combined with a minimum amount payable of $200 for a period of five years, commencing on 1 July 2013. A listing of the properties that are proposed to be included in the Scheme, showing the amount payable per property, forms a part of the proposed declaration of the Special Rate (refer Attachment 1). The Ivanhoe Traders’ Association (Traders’ Association) must adhere to the conditions provided in their funding agreement to ensure that, at all times, they are acting in accordance with the legal requirements for expenditure of the Special Rate. The funding agreement must be renewed as a precondition to any Special Rate payments being made to the Traders’ Association. The services to be provided from the proceeds of the Special Rate relate to professional co-ordination assistance, promotions, advertising, marketing and other incidental purposes associated with the encouragement of commerce, retail and professional activity and employment in the Shopping Centre. These services will only provide a ‘special benefit’ to the owners and the occupiers of the land and the commercial and business properties located in the Scheme area. For this reason, the whole of the proposed Special Rate will be levied against the retail, commercial and professional business properties located in the Scheme area. It is considered that there are no other special benefits or community benefits arising from the proposed Special Rate.

LEGAL CONSIDERATION

Council requires the Ivanhoe Traders’ Association (an incorporated association) to have a high level of financial and management accountability of funds. This includes certain requirements identified in the funding agreement and documentation that must be submitted to Council, including quarterly reports, an annual plan, a budget and an audited financial report at the conclusion of each financial year. Council will

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ensure that, under the funding agreement, the proceeds of the Special Rate are expended by the Traders’ Association on behalf of Council, administratively only. Council is, and remains, legally responsible for approving, directing and controlling the expenditure of the proceeds of the Special Rate in accordance with its obligations under the Local Government Act 1989.

FUNDING IMPLICATIONS

The Traders’ Association requests that the proposed Scheme remain identical to the previous scheme structure. Based on this structure, with a total of 239 assessments, the Special Rate Scheme will raise an amount of $120,000 per annum for a period of 5 years, providing a total levy of $600,000 over the period of the Scheme. There is a strong expectation from the traders and the business operators located in the Shopping Centre that Council will continue, as Council has done in the previous scheme, to provide similar funding each year. Council contributions have allowed the various shopping strips to address many of the physical development, maintenance and amenity issues that the Special Rate proceeds cannot be expended on. For example, Council’s contribution can be used for physical works, maintenance, infrastructure and beautification. This approach to funding ensures a strategic and integrated approach, which addresses not only the marketing of the Shopping Centre, but also the physical and social environment, which is critical to the viability of our retail centres. Council resolved on 23 April 2012 to cap its scheme contributions at 2011-12 levels for all of the City of Banyule’s eleven special rate and/or charge schemes, including the Ivanhoe Shopping Centre. Therefore, Council’s contribution to the Ivanhoe Shopping Centre Scheme renewal will remain at $100,000 per annum (this amount being identical to the amount allocated to the Shopping Centre under the previous scheme). The continuation of Council’s funding contribution to the Scheme is included in the draft 2013-2014 Capital Works Budget and will be included for the next 5 years

CONSULTATION

Following the meeting of the Council on 15 July 2013 and in accordance with the statutory process under the Act for the declaration of a Special Rate, the Notice of Intention to Declare a Special Rate for the Ivanhoe Shopping Centre was given by way of public notice advertisement in “The Weekly Review” newspaper on 24 July 2013 and by way of separate notice to all owners and occupiers included in the proposed Special Rate Scheme area (refer Attachments 2 and 3). The public notice advised that any person may make a written submission under sections 163A and 223 of the Act. The public notice further advised that any person who will be required to pay the Special Rate (whether an owner or an occupier of a property included in the Scheme) has a right to object to the proposed declaration and may make a written objection to the Council under section 163B of the Act. SUBMISSIONS (SECTIONS 163A AND 223) AND OBJECTIONS (SECTION 163B) Council has received a total of 15 written submissions under sections 163A and 223 of the Act. 13 of the submissions received are in support of the Scheme, including

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one on behalf of the Ivanhoe Traders’ Association. The other two submissions received are in opposition to the Scheme and are also objections to the Scheme under section 163B of the Act. The submissions received and the objections lodged with Council have been forwarded to the Councillors separately with their agenda papers prior to the Council meeting so that each submission and objection could be considered and taken into account separately and prior to Council making the decision as to whether or not a new Special Rate Scheme will be declared for the Shopping Centre. No person lodging a submission requested that they wished to appear in person or by a person specified in the submission at a meeting of the Council or a Committee of the Council to be heard in support of their submission. A plan showing the location of each of the submitters and the objectors (as they are known to Council based on the information provided to Council by the submitters and the objectors and the available records of Council) is provided in the Location Map of Submitters (refer Attachment 4). A summary of the submissions is provided below. Sections 163A and 223, 15 Submissions Received – 13 Submissions in Support and 2 Submissions Not in Support of the Special Rate Received The 13 submissions of support are provided substantially in the form of one pro-forma letter that has been individually signed and addressed by a mixture of different owners and operators of businesses in the Ivanhoe Shopping Centre. The letter expresses support for the Scheme which the submitters say assists with physically improving the Ivanhoe Shopping Centre and provides an important and focused approach to the marketing. As businesses, they believe that they see and experience direct benefits in Shopping Centre marketing, branding and positioning. They also identify the increased competition from neighbouring shopping centres, and the capacity of the funds to assist with differentiation. The letter also acknowledges Council’s support through contribution funding and values the partnership with Council in achieving the vision for the Ivanhoe Shopping Centre.

COMMENT

The letters of support highlight the integrated value of Banyule’s approach and commitment to the Special Rates and Charges with the contribution funding that enables a focus on the physical environment, as well as the marketing and business development. There is a real sense of partnership and collective commitment that is also developed through this approach and this is often a component that is valued by businesses participating in Special Rate and Charge schemes in Banyule. There appears no doubt that competition is increasing with the expansion of other shopping centres like neighbouring Northland, as well as competition from other retail formats, such as online retailing. Ivanhoe has focused to develop a niche through their branding and promotions to assist them to meet the challenges of competition and changing consumer preferences and needs. The 2 submissions which do not support the reintroduction of the Special Rate (and because they are also objections under section 163B of the Act) are summarised and commented upon below.

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Section 163B, Objections – Objections against the Special Rate – 2 Objections Received Objection 1 This objection (received from a property owner) indicates that the owner has not “personally received” the correspondence relating to the matter and so therefore the property owner “rejects” the offer to contribute to the scheme and believes it is their legal right to do so. COMMENT Both the pre-intent letter sent by Council and the official Notice of Intention and a copy of the public notice were sent to the owner and the occupier of the property, via Council’s ‘rate notice mailing address’ registered to this property. This address is “care of” a local real estate company and the correspondence may not have been forwarded-on by the managing agent. However, the objector does state that they have been “told” of the proposed charge so Council officers assume there must be some level of knowledge on the part of the property owner. In any event, following receipt of the objection, a further copy of the Intention to Declare material was sent to the property owner’s private address as set out in the objection. This followed a telephone conversation between the author of this report and the property owner. The objector does not otherwise provide any reason for not wanting to contribute to the Scheme, other than stating that it is their legal right to object. (The objector has not otherwise made any further contact with Council following the provision by Council of a further copy of the Intention to Declare material.) Objection 2 This objection is received from, it is believed, a tenant of one of the properties in the Scheme. The tenant objects on the basis that it is difficult economic times and the proposed levies will affect them and they cannot, and refuse to, pay. The objector refers to correspondence that indicates beautification of the Ivanhoe Shopping Centre and believes there are many parts that are not acceptable, and provides the Ivanhoe Squash courts and graffiti as examples. The objector also objects to use of the funds for promotion of the Olivia Newton John Wellness Walk (that is not in, or a part of, the Centre) and believes this should be funded through the State Government. Finally, the objector believes that schemes like this should be funded totally through ‘big business’ and Council (through normal rates), and not on the basis presently being proposed. COMMENT Any beautification or maintenance of the Ivanhoe Shopping Centre is provided through the separate funding contribution provided by Council, not the Special Rate funds. The Ivanhoe Squash Courts and the graffiti issues being referred to are not within the precinct area, and the worst affected areas are not owned or occupied by Council. The graffiti is on either Vic Track or privately owned property, so therefore the areas do not fall within the purpose of this Scheme or Council’s jurisdiction. The Olivia Newton John Wellness Walk is a significant event that the Ivanhoe Traders’ Association have been working on in partnership with Austin Health. The event will be conducted in and around the Ivanhoe Precinct with the following key three activities:

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Morning function at the Centre Ivanhoe (which is within or adjacent to the Ivanhoe Precinct);

Walk itself, covering 4km of residential and commercial streets surrounding the Ivanhoe Precinct; and

A street party within the Precinct in Upper Heidelberg Road, Ivanhoe all day, with children’s activities, entertainment, trader activities and promotions.

This event is very much about promoting and profiling Ivanhoe and what it has to offer shoppers and the community. The local and national media that this event is expected to attract will potentially provide enormous opportunities for the Precinct and businesses to capitalise on.

CONCLUSION

Council, having formally considered all of the written submissions received under sections 163A and 223 of the Local Government Act 1989 and taken account of the objections lodged under section 163B of that Act in relation to the proposed declaration of Special Rate for the Ivanhoe Shopping Centre, it is considered that all of the commercial properties in the Ivanhoe Shopping Centre will derive a special benefit from the expenditure of the Special Rate proceeds on promotional, advertising, marketing and other business development activities with a view to encouraging commerce, retail and professional activity and employment in the Ivanhoe Shopping Centre precinct. It is further considered that the derived special benefit will not extend to other areas within the City of Banyule and, therefore, the declaration of the Special Rate should be confined to the area set out and in accordance with the amounts set out in the proposed declaration of Special Rate (refer Attachment 1).

RECOMMENDATION

“That:

1. Council, having considered all submissions received and taken account of the objections lodged and having complied with the requirements of sections 163A, 163B and 223 of the Local Government Act 1989 (Act), and otherwise according to law, hereby declares a combination of a Special Rate and a Special Charge under section 163(1) of the Act (Special Rate) for the purposes of defraying expenses to be incurred by Council in providing funds to the incorporated body known and operating as the Ivanhoe Traders’ Association Incorporated (Traders’ Association), which funds, administratively only and subject always to the approval, direction and control of Council, are to be used for the purposes of funding contracted support, promotional, advertising, marketing, business development and other incidental expenses as approved by Council and agreed to from time to time between Council and the Traders’ Association, all of which are associated with the encouragement of commerce, retail and professional activity and employment in the Ivanhoe Shopping Centre Precinct (Precinct or Scheme).

2. The criteria which form the basis of the declaration of the Special Rate are the

ownership of rateable land used, or reasonably capable of being used, for commercial, retail or professional purposes, which rateable land is situated within the geographical area in which the properties described in paragraphs 6 and 7 of this declaration are included.

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3. In declaring the Special Rate, Council is performing functions and exercising powers in relation to the peace, order and good government of the municipal district of the City of Banyule, in particular the encouragement of commerce, retail activity and employment opportunities within the area for which the Special Rate is declared.

4. The total cost of the performance of the function and the exercise of the power by Council (in relation to activities associated with the encouragement of commerce, retail activity and employment opportunities in the area for which the Special Rate is declared) and also the total amount of the Special Rate to be levied by Council is referrable to an amount of $120,000, which amount will be levied in each year of the Scheme and which in total will raise an amount of $600,000 over the 5 year period of the Scheme.

5. The period for which the Special Rate is declared and will remain in force is a period of 5 years commencing on 1 July 2013 and ending on 30 June 2018.

6. The area for which the Special Rate is declared is all of the land referred to as

the Precinct, as identified and shown on the plan set out in the attachment forming a part of this declaration (being Attachment 1).

7. The land in relation to which the Special Rate is declared is all that rateable

land described in the listing of rateable properties set out in the attachment forming a part of this declaration (being Attachment 1).

8. The Special Rate will be declared and assessed based on the CIV of each

property multiplied by an amount of 0.047396, combined with a minimum amount payable of $200 in each year, such assessments being more particularly described alongside the listing of rateable properties in the attachment forming a part of this declaration (being Attachment 1).

9. The Special Rate will be levied by Council sending a Notice of Levy in the

prescribed form annually to the person who is liable to pay the Special Rate, which will require that the Special Rate must be paid by four instalments, to be paid by the dates which are fixed by the Council in the notice (the first such instalment being payable on a date which is not less than 28 days after the issue of the levy notice).

10. Council will consider cases of financial and other hardship, and may

reconsider other payment options for the Special Rate.

11. Council considers that there will be a special benefit to the persons required to pay the Special Rate because there will be a benefit to those persons that is over and above, or greater than, the benefit that is available to persons who are not subject to the Special Rate, and directly or indirectly as a result of the expenditure proposed by the Special Rate, the viability of the Precinct as a business, commercial, retail and professional area, and the value and the use, occupation and enjoyment of the properties and the businesses included in the Scheme area will be maintained or enhanced through increased economic activity.

12. Council further considers and formally determines for the purposes of

sections 163(2)(a), (2A) and (2B) of the Act, that the estimated proportion of

4.1




the total benefits of the Scheme to which the performance of the function or the exercise of the power relates (including all special benefits and community benefits) that will accrue as special benefits to all of the persons who are liable to pay the Special Rate is in a ratio of 1:1 (or 100%). This is on the basis that, in the opinion of Council, the total amount of the Special Rate to be levied and all of the services and activities to be provided from the expenditure of the Special Rate are marketing, promotion and advertising related and will accordingly only benefit the owners and occupiers of those properties and businesses included in the Scheme that are used, or reasonably capable of being used, for retail, commercial or professional purposes.

13. The Traders’ Association be authorised to administer the proceeds of the

Special Rate on the express condition that the Traders’ Association enters into a funding agreement with Council for the period of the Special Rate.

14. Council’s Director of City Development or the person for the time being acting

in that position, for the purposes of paragraph 13 of this resolution, be authorised to prepare the funding agreement between Council and the Traders’ Association by which administrative arrangements in relation to the Special Rate are confirmed, such agreement being a formal precondition to the payment by Council to the Traders’ Association of any funds to be obtained from the Special Rate and such funding agreement to be submitted to Council for adoption and sealing.

15. Notice be given to all owners and occupiers of properties included in the

Scheme and all persons who have lodged a written submission and/or an objection in writing of the decision of Council to declare and levy the Special Rate commencing on 1 July 2013, and the reasons for the decision.

16. For the purposes of paragraph 15, the reasons for the decision of Council to

declare the Special Rate are that –

(a) there is minimal objection to the Scheme and it is otherwise considered that there is a broad level of support for the Special Rate from all property owners and occupiers;

(b) Council considers that it is acting in accordance with the functions and powers conferred on it under the Local Government Act 1989, having regard to its role, purposes and objectives under the Act, particularly in relation to the encouragement of commerce, retail activity and employment opportunities in and around the Scheme area;

(c) all persons who are liable or required to pay the Special Rate and the

properties respectively owned or occupied by them will receive a special benefit in the form of an enhancement or maintenance in land values and/or a maintenance or enhancement in the use, occupation, and enjoyment of the properties; and

(c) the basis of the distribution of the Special Rate amongst those

persons who are liable or required to pay the Special Rate is considered by Council to be fair and reasonable.

4.1




17. The Traders’ Association be notified of the matters specified in paragraphs 1, 13 and 14 of this resolution.”

ATTACHMENTS

No. Title Page

1 Attach 1 - Proposed Declaration 42

2 Attach 2 - Letter 52

3 Attach 3 - Advert 58

4 Attach 4 - Location map of submissions 59

4.2



4.2 PEDESTRIAN/CYCLIST "BLACK AREA" PROGRAM

Author: Michelle Herbert - Senior Transport Engineer, City Development

File: BS28/020/00

SUMMARY

To provide information on possible pedestrian and cyclist projects which could be listed for funding under the State Government’s new pedestrian/cyclist “black area” program.




In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in this report. It is considered that the subject matter does not raise any human rights issues.

CITY PLAN

This report is in line with Council’s City Plan key direction to “support sustainable transport”.

BACKGROUND

At its meeting of 22 April 2013, Council resolved the following:

“That Council Officers prepare a report on which projects should be listed for possible funding under the State Government’s new Pedestrian/Cyclist “black area” program and that the report prioritise the projects assessing the safety of pedestrians and cyclists.”

The Victorian Government launched a new ten year Road Safety Strategy – Safe Roads for all Victorians. The Strategy proposes an ambitious vision and targets: “Our vision is ZERO deaths and ZERO serious injuries on our roads” To achieve this, the target for the next ten years is to:

Further reduce the number of people who die on the State’s roads by more than 30 per cent.

4.2


PEDESTRIAN/CYCLIST "BLACK AREA" PROGRAM cont’d


Further reduce the number of people who are seriously injured on the State’s roads by more than 30 per cent.

Meeting these targets would bring the annual road toll to fewer than 200 people and save more than 90 lives every year. It would also reduce the serious injury toll from 5,500 to fewer than 3,850 people a year. The four-year action plan outlines priority actions across 14 key areas from drink driving through country road users to trucks and fatigue driving. One of the key areas for action is Pedestrians and Cyclists. The following actions are proposed:

Improve pedestrian safety and cyclist safety by developing a new pedestrian/cyclist ‘black area’ program.

Deliver a new grants program for local government to provide safer walking and cycling infrastructure.

Develop guidelines to enable greater use of 40km/h zones where and when the risks of pedestrian or cyclist crashes are high.

Improve the safety of on and off road cycling paths, reduce vehicle speeds around cyclists and remind everybody to share the road safely through education and enforcement.

Council has been in contact with VicRoads to find out more details of the “black area” program and the new grants programs including any applicable guidelines. VicRoads has replied that this is a very new Strategy and they have not commenced work on the “black area” program as yet. They do not anticipate having any guidelines or funding available in this financial year 2013/14.

TECHNICAL CONSIDERATION

Pedestrian and Cyclist Crash Statistics in Banyule Using VicRoads CrashStats data, the following list has been formulated of each location where three or more pedestrian or cyclist crashes have been recorded in the last five years 1/01/2008 to 31/12/2012. Traditionally, a site with three or more casualty crashes or a length of road with three or more casualty crashes per km over a five year period are considered black spots or black lengths. Assuming this requirement will transfer to the “black area” program, there may be several pedestrian and bicycle black area projects that could be considered.

Pedestrian Crashes

Table 1 below shows the total number of pedestrian crashes in Banyule in the last five years, recorded by Victoria Police: Table 1: Pedestrian Crashes 2008-2012

Year Fatal Injury Serious Injury Other Injury Total Injuries

2008 11 18 29

2009 2 9 25 36

2010 1 11 17 29

2011 1 7 15 23

2012 13 11 24

Total 4 51 86 141

4.2




The locations where three or more pedestrian crashes have occurred over the last five years are (either at an intersection or road length):

Intersection of Oriel Road and Southern Road, Heidelberg West (six crashes)

Intersection of Bell-Banksia Highway and Rosanna Road (four crashes) No midblock locations incurred three or more pedestrian crashes, however, in combining midblocks, there have been six crashes involving pedestrians on Upper Heidelberg Road between Kenilworth Parade and St Elmo Road, and four crashes involving pedestrians in Burgundy Street between Hawdon Street and Rosanna Road. Such locations may be considered under the “black area” program. Of the total 141 pedestrian crashes, the crashes were evenly distributed between intersection and midblock locations, with 70 and 71 crashes respectively.

Cyclist Crashes

Table 2 below shows the total number of cyclist crashes in Banyule in the last five years, recorded by Victoria Police: Table 2: Cyclist Crashes 2008-2012

Year Fatal Injury Serious Injury Other Injury Total Injuries

2008 8 15 23

2009 10 12 22

2010 1 5 20 26

2011 5 22 27

2012 6 16 22

Total 1 31 87 120

The locations where three or more cyclist crashes have occurred over the last five year are (either at an intersection or mid block road length):

Intersection of Oriel Road and Banksia Street, Heidelberg Heights (five crashes)

Intersection of Nell Street and Watsonia Road, Watsonia (three crashes)

Intersection of Main Road and Fitzsimons Lane, Lower Plenty (three crashes) Of the total 120 cyclist crashes, approximately two thirds occurred at intersection locations, with one third at midblock locations, with 76 and 44 crashes respectively.

DISCUSSION

Possible Pedestrian and Cyclist Project Locations in Banyule The five intersection locations and two black length locations identified could be submitted as possible “black area” projects for funding under the State Government’s new pedestrian/cyclist “black area” program, as identified in the Victorian Road Safety Strategy. Further analysis needs to be undertaken at each site to ascertain the full cause of each crash and to determine if an engineering or possible education solution can be found for each site which would prevent these type of crashes occurring in the future.

4.2




At this stage, VicRoads officers have indicated that no work has commenced on the “black area” program as described in the Victorian Road Safety Strategy and any work will be at least 12 months in the future. Other black spot programs run at both State and Federal levels and have very prescriptive guidelines and requirements for any projects being submitted. Without specific guidelines and requirements having been developed for these “black area” projects, it is considered premature to submit any possible projects at this time. Annual Federal Black spot Program and Black spot Investigations 2012 Many of these sites have already been investigated under the federal black spot program, with some even receiving treatments/improvements in the last five years. Table 3 below provides a summary: Table 3: Black Spot Location Analysis

Black Spot Location Investigation Result

Oriel Road/Southern Road, Heidelberg West

Treated in 2010

Bell-Banksia Link/Rosanna Road, Heidelberg

No accident trends identified

Upper Heidelberg Road, Ivanhoe No accident trends identified

Burgundy Street, Heidelberg 40km/hr speed limit application put forward.

Oriel Road/Banksia Street, Heidelberg Heights

Recent signage upgrades

Nell Street/Watsonia Street, Watsonia Minor trend identified. Possible capital works site for further investigation.

Main Road/Fitzsimmons Lane, Lower Plenty

No accident trends identified

These sites along with other local road (vehicle related) black spots will be further reviewed in 2013.

CONCLUSION

The State Government’s new Victorian Road Safety Strategy includes an action to deliver a pedestrian and cyclist “black area” program which seeks to improve safety conditions for pedestrians and cyclists throughout the State. However, VicRoads has indicated that it has not commenced work on the “black area” program as yet and that it does not anticipate having any guidelines or funding available in this financial year 2013/14. Council officers have identified a number of sites where patterns of pedestrian and/or cyclist casualty crashes exist. Some of these may be suitable for funding from the new program when it comes into being. In the meantime, officers will continue to investigate and resolve any pedestrian and cyclist safety issues using a number of different resources including existing state and federal programs.

4.2




RECOMMENDATION

That Council continue to liaise with VicRoads on the establishment of the pedestrian and cyclist “black area” program.

ATTACHMENTS

Nil

5.1

Participation – Community Involvement in Community Life


5.1 WARD FUND ALLOCATIONS Author: Gabrielle Hegarty - Acting Executive Assistant CEO & Councillors,

Executive

File: BS02/015/002

SUMMARY

Two Ward Fund Allocation applications have been submitted for consideration:

1 Councillor Name: Cr Mark Di Pasquale

Ward: Bakewell

Funding Recipient: St Mary’s Little Athletics Club

Amount Requested by Applicant: $1,500.00

Ward Fund Contribution: $1,500.00

Purpose/Reason: Purchasing of new Sun Smart Singlets for the club

Works Completed Yes/No: No

Paid By Applicant Yes/No: No

2 Councillor Name: Cr Rick Garotti

Ward: Grimshaw

Funding Recipient: Watsonia Traders Association

Amount Requested by Applicant: $5,000.00

Ward Fund Contribution: $5,000.00

Purpose/Reason: To contribute to the cost of the Watsonia Motor Show on 9 November 2013

Works Completed Yes/No: No

Paid By Applicant Yes/No: No

Please Note: Copy of application forms and supporting documentation provided attached (refer Attachment 1).

5.1

Participation – Community Involvement in Community Life

WARD FUND ALLOCATIONS cont’d


QUARTERLY WARD FUND BALANCES

Council adopted the Banyule Council Ward Fund Policy at its meeting on 18 March 2013. Clause 6.4 of the Policy requires Expenditure of Ward Funds per Councillor to be reported quarterly to Council and is to include balances for each fund. The report includes the total expenditure allocated by Council at its meetings from 18/3/2013 to 17/6/2013 inclusive, being the last quarter of the financial year ended 30/6/2013.

Ward Funds Ward Funds

Councillor / Ward Allocated Balance unspent as at For quarter 30/6/2013

Cr Phillips – Beale $ 4,954.55 $ 8,494.90

Cr Mulholland – Griffin $ 977.27 $ 3,478.73

Cr Langdon – Olympia $ 454.55 $ 286.93

Cr Di Pasquale – Bakewell $ 4,508.18 $ 182.36

Cr Garotti – Grimshaw $ 2,809.09 $11,545.91

Cr Melican – Ibbott $0 $30,000.00

Cr Briffa – Hawdon $0 $ 18.84

RECOMMENDATION

“That:

1. The Ward Fund Allocations for St Mary’s Little Athletics Club and Watsonia Traders Association be approved for payment and the beneficiaries be notified of Council’s decision.

2. The Quarterly Ward Fund Balances for the period 18/3/2013 to 17/6/2013 be noted.”

ATTACHMENTS

No. Title Page

1 St Mary's Little Athletics Application 60

2 Watsonia Traders Association Application 63

6.1

Performance - Use Our Resources Wisely


6.1 CERTIFICATION OF THE 2012/2013 FINANCIAL STATEMENTS, STANDARD STATEMENTS AND PERFORMANCE STATEMENT

Author: Doug Baker - Financial Accountant, Corporate Services

File: BS12/025/001

SUMMARY

To approve ‘in principle’ the Financial Statements, Standard Statements and Performance Statement for 2012/2013 which forms part of Council’s Annual Report.



CITY PLAN

This report is in line with Council’s City Plan key direction of “provide responsible financial management and business planning processes”.

BACKGROUND

Council is required by the Local Government Act 1989 to prepare an Annual Report, including Financial Statements, Standard Statements and a Performance Statement. These Statements are subject to external audit by the Victorian Auditor-General and must be submitted to the Minister for Local Government within three-months of the end of the financial year. Prior to submission to the Minister the Financial Statements, Standard Statements and Performance Statement are required to be audited by the Victorian Auditor-General. The detailed audit of the 2012/13 Financial Statements, Standard Statements and Performance Statement was undertaken by the Victorian Auditor-General during early August 2013. Council staff have prepared the three Statements and they have been reviewed by the Victorian Auditor-General’s agent and by the Audit Committee. They are now presented for approval “in principle” by Council so that they can be formally lodged with the Victorian Auditor-General for final audit and the Victorian Auditor-General to issue the formal Audit Report. Financial Statements The Financial Statements comprise the Comprehensive Income Statement, Balance Sheet, Statement of Changes in Equity, the Cash Flow Statement and notes accompanying these Financial Statements.

6.1


CERTIFICATION OF THE 2012/2013 FINANCIAL STATEMENTS, STANDARD STATEMENTS AND PERFORMANCE STATEMENT cont’d


The Comprehensive Income Statement lists the income and expenditure under various categories to arrive at the surplus or deficit for the year. This Statement summarises all the income and expenditure transactions for the financial year ended 30 June 2013. The Balance Sheet is prepared as at 30 June 2013 and lists all Council’s assets and liabilities under various categories. Total assets less total liabilities equals net assets which balances to Council’s equity, which is made up of accumulated surplus and reserves. The Statement of Changes in Equity shows the movements in the balances of accumulated surplus and reserves from the beginning to the end of the financial year. The Cash Flow Statement summarises the amount of cash received and spent during the year. The net difference in cash movements is equal to the movement in the cash and cash equivalents balance, from the beginning to the end of the financial year, as shown in the Balance Sheet. The Cash Flow Statement shows the net movement in cash for the operating, investing and financing activities. Standard Statements The Standard Statements are a comparison of the actual results to the budget figures and an explanation is given for the major differences between the two. The budget is set prior to the beginning of the financial year. The actual amounts are known at the end of the financial year. A Standard Statement and variance explanation is prepared for Income Statement, Balance Sheet, Cash Flow Statement and a Statement of Capital Works. Performance Statement Council’s Performance Statement gives our community an understanding of key industry indicators and demonstrates the health of our organisation. The Performance Statement allows some direct comparison between years of operation and industry comparisons. The Performance Statement deals with qualitative and quantitative measures of performance that illustrate our achievement against pre-determined measures. The Performance Statement measures Council’s performance against what it said it would do for its community and how it has performed. Audit Committee At the time of printing of this Council Report, the Audit Committee is due to meet on Friday, 6 September 2013, to review the Annual Report, Financial Statements, Standard Statements and Performance Statement and subject to audit clearance, recommend to Council that it approves the Statements, ‘in principle’. Representatives from the Victorian Auditor-General’s Office are due to attend the Audit Committee meeting to answer questions and provide the Audit Committee members with an overview of the external audit.

6.1


CERTIFICATION OF THE 2012/2013 FINANCIAL STATEMENTS, STANDARD STATEMENTS AND PERFORMANCE STATEMENT cont’d


The Audit Committee’s recommendation will be presented to Councillors prior to the Council Meeting and the recommendation is subject to the Audit Committee clearance.


In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in this report.

CONCLUSION

The three Statutory Statements have been prepared by Council staff, reviewed by the Victorian Auditor-General’s Agent and presented to the Audit Committee. The Statutory Statements are recommended for approval ‘in principle’ by Council. Upon the Audit Committee’s review and recommendation, Council is required to approve ‘in principle’ the Financial Statements, Standard Statements and Performance Statement for 2012/2013 which form part of Council’s Annual Report prior to submission to the Auditor-General.

RECOMMENDATION

“That: 1. Council approves, in principle, the Financial Statements for 2012/2013. 2. Council approves, in principle, the Standard Statements for 2012/2013. 3. Council approves, in principle, the Performance Statement for 2012/2013. 4. Council authorise its Councillor representatives on the Audit Committee, being

Cr Rick Garotti, Cr Mark Di Pasquale and in either of their absence, Cr Craig Langdon and Cr Tom Melican respectively, as substitutes to approve the Financial Statements, Standard Statements and Performance Statement for 2012/2013 in their final forms, after any changes recommended or agreed to by the Victorian Auditor-General, have been made.

5. Upon receipt of the Victorian Auditor-General’s Audit Report on each of the

Statements, a Report to Council be prepared as soon as is practicable to consider and adopt the 2012/2013 Annual Report, inclusive of the Financial Statements, Standard Statements and Performance Statement.

6. Officers submit a copy of the 2012/2013 Annual Report, including the Financial

Statements, Standard Statements and Performance Statement to the Minister on or before 30 September 2013.

ATTACHMENTS

Nil

6.2



6.2 REVIEW OF THE COUNCILLOR CODE OF CONDUCT

Author: Vivien Ferlaino - Governance & Information Co-ordinator, City

Development

File: BS02/015/004

SUMMARY

To adopt the Councillors Code of Conduct following a review by Councillors as required by the Local Government Act 1989.



CITY PLAN

This report is in line with Council’s City Plan key direction to “enable good governance and accountability with minimal risk”.

BACKGROUND

Section 76C of the Local Government Act 1989 (the Act) requires each Council to have a Councillor Code of Conduct and to review its Code within 12 months after each general election. Banyule has an existing Councillor Code of Conduct which was developed at the time the requirement for a Code was first introduced back in 2004 and was last reviewed and adopted in 2009 (after the last General Election) with minor amendments made in May 2011 in relation to Conflicts of Interest and Applicable gifts. The Code is designed to assist Councillors in maintaining the highest standards of conduct and behaviour as well as provide a means for dealing with conflicts which may occur. The Code is also intended to assist the Mayor, Deputy Mayor and Councillors to discharge their public office appropriately.

Code of Conduct

To meet the legislative requirements under the Act, Banyule’s Councillor Code of Conduct (Attachment 1) includes the Councillor Conduct principles as prescribed in the Act and also includes other matters relating to the conduct of Councillors which Council has considered appropriate. The following list outlines some of the principles included in the Code which each Councillor agrees to adhere to:

Always acting with integrity and honesty:

Treating all people with courtesy and respect, recognising that there are legitimate differences in opinions, race, culture, religion, language, gender and abilities.

6.2


REVIEW OF THE COUNCILLOR CODE OF CONDUCT cont’d


Recognising that they hold a position of trust and will not misuse or derive undue benefit from their positions

Not making allegations which are personally offensive, derogatory or defamatory.

Recognising the need to exercise appropriate prudence in the use of Council resources.

When accessing information that may at times be confidential or controversial, all Councillors agree to treat Council information appropriately.

When an individual Councillor disagrees with a majority decision of Council the individual Councillors are entitled to express their own independent views, however, this should not be done in a way that reflects negatively on individual Councillors or the Council.

REVIEW OF CODE OF CONDUCT

At a Briefing held on the 15th July Councillors worked with PW Leadership Development and relevant officers to review the current code. A new Values and Behaviours section was developed and a grievance resolution process was worked through. Councillor/Staff relationship was also discussed and processes reiterated. Links were made to Council’s Vision as set out in Council’s City Plan as commitment to working together constructively to enable the achievements of the vision. Values and Behaviours As community and civic leaders, Councillors commit to lead by example and promote the highest standard in the way Council business is conducted. The following headings have been included as the new Values and Behaviours: Advocacy and Leadership Councillors will strongly represent and advocate on behalf of the community and exercise courage in leadership and decision-making. Accountability Councillors will actively and openly participate in Council decision-making processes and strive to achieve effective governance and the best outcome for the community Honesty and Integrity Councillors will always act with honesty and integrity and demonstrate high standards of professionalism. Courtesy and Respect Councillors will act in ways which support individual contribution and worth and strive to achieve healthy working relationships Openness and Inclusiveness Councillors will value the contribution and individuality of others and commit to develop open and positive working relationships Be the Best Councillors will aim to achieve continuous improvement in performance and the highest standards and outcomes for the City of Banyule.

6.2




Councillor/Staff Relationship Clear and effective communication protocols for Councillors and Council staff are essential in achieving good governance. The protocols which apply to Councillor/staff relationships are also set out in the Code. Good governance is dependent on how well the relationship between the elected members and the organisation works, as well as mutual respect and understanding between Councillors and Officers in relation to their respective roles, functions and responsibilities Grievance Resolution Process The grievance resolution procedure outlined in the Code of Conduct is intended to be used when Councillors have been unable to resolve an interpersonal conflict and where the situation is unduly affecting the operation of the Council. Banyule City Council’s grievance resolution procedure comprises four components, namely:

1) Self Resolution 2) Mayoral Intervention 3) External Mediation 4) Request for Councillor Conduct Panel The four components are explained in further detail in the Code. The Act provides for Councillor Conduct Panels for the purposes of enforcing Councillor Codes of Conduct where the matter cannot be resolved by Council in the first instance. Additional Conduct Matters Banyule’s Councillor Code of Conduct also includes the requirements in relation to confidential information and conflict of interest procedures. Reference is made to pre-election procedures and the receipt of gifts, which are covered in other policies and procedures. The additional conduct matters also reference important legislation requirements which Councillors individually and collectively as a Council are required to meet. The additional Conduct matters which have been referenced include: a) Equal Opportunity Act 1995 - refrain from discriminating, harassing or bullying

other people and using offensive language in their capacity as a Councillor. b) The Charter of Human Rights and Responsibilities 2006 - to act compatibly,

give proper consideration and take human rights into account when making decisions

c) Occupational Health and Safety Act 2004 - have regard to the principles of health and safety. Councillors have the status of employees under the OH&S Act and should ensure that they contribute to a healthy and safe workplace. Councillors should be particularly mindful of this in their interactions with Council Officers.

d) Information Privacy Act 2000 - recognise the requirements of the regarding access, use and release of personal information which also applies to Councillors as individuals and the Banyule Information Privacy Guidelines (05975).

e) Local Law No. 2 of 2005 (06174 Conduct of Meetings Local Law) - when participating in Council and Special Committee Meetings. Regulates proceedings

6.2




for the election of the Mayor and proceedings of all Ordinary and Special Meetings of Council and meetings of Special Committees.

f) Banyule’s Meeting Procedures Code (06175) – provides guidelines for the Conduct of Council meetings, provides for the orderly, efficient and equitable conduct of meetings; and provides for peace, order and good government of the Municipal District.

g) Records Information Management Policy (14678) - recognises the regulatory recordkeeping requirements under the Public Records Act 1973. Information created by Councillors, whist acting in an official capacity as a Councillor, must be kept as a record and registered into the record keeping system.

h) Media Comment and Press Release Guidelines (05495) - management of media contact, and to ensure Council’s corporate image is maintained and promoted, the Mayor is the principal spokesperson of Council and is given first opportunity to be spokesperson in relation to Council positions, policies and decisions and issues pertaining to municipal wide decisions, initiatives and advocacy.

i) Social Media Policy and Guidelines (15346) – provides guidelines of use for the management of social media whilst ensuring Council’s corporate brand and reputation is maintained and promoted.

j) Councillor Resource, Expenses and Entitlements Policy (98580) - providing guidelines in respect of administrative procedures and reimbursement of necessary out of pocket expenses incurred while performing duties as a Councillor or Committee Member.

k) IT Guidelines for Councillors (15280) – provides guidelines on the proper use of IT equipment supplied to Councillors and the need to ensure security of information stored on the equipment.

Notice to Amend and Adopt Councillor Code of Conduct The Councillor Code of Conduct is referenced in Local Law 2 (2005) – Conduct of Meetings Local Law (Clause 19). In accordance with section 112(2) of the Act, for any changes to a document referenced in a Local Law to take effect, the amendments must also be published in the Government Gazette. Therefore, Council upon adopting the amended Code will also need to resolve to give notice in the Government Gazette. Councillors have previously signed a copy of the Code of Conduct in the Chamber immediately after the adoption of the Code. Signing of the Code is considered to be good practice as it demonstrates Councillors’ individual commitment to the Code.


In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in this report. It is considered that the Councillor Code of Conduct enhances and protects the following Human Rights: Your right to privacy and reputation The inclusion of the additional conduct provisions for Councillors to recognise the requirements of the Information Privacy Act, Banyule Information Privacy Guidelines and Records Information Management Policy regarding access, use and release of personal information, which also applies to Councillors, further enhances this right.

6.2




Your right to freedom of thought, conscience, religion and belief and Your right to freedom of expression The Code includes the conduct provisions of:

Treating all people with courtesy and respect, recognising that there are legitimate differences in opinions, race, culture, religion, language, gender and abilities.

Not making allegations which are personally offensive, derogatory or defamatory.

The inclusion of the additional conduct provisions for Councillors to recognise the requirements of the Equal Opportunity Act 1995, and to refrain from discriminating, harassing or bullying other people and using offensive language in their capacity as a Councillor, along with the conduct provisions above, further enhances these rights.

CONCLUSION

The Councillor Code of Conduct has been developed in accordance with Council’s obligations under the Act. The Councillor Code of Conduct is an important document for Councillors as it sets out the expected and legislated behaviours and conduct of Councillors to ensure they serve the Banyule community with a high degree of integrity and honesty.

RECOMMENDATION

1. That Council, adopt and sign the reviewed Councillor Code of Conduct. (Attachment 1).

2. In accordance with section 112(2) of the Act, Council give notice in the

Government Gazette of the amended Councillor Code of Conduct which is incorporated in Local Law 2 (2005) – Conduct of Meetings Local Law.

ATTACHMENTS

No. Title Page

1 Draft Councillor Code of Conduct 66

6.3



6.3 ASSEMBLY OF COUNCILLORS Author: Emily Outlaw - Governance Officer, City Development

File: BS02/015/002

SUMMARY

Under the Local Government Act 1989 an Assembly of Councillors is defined as: A meeting of an advisory committee of the Council, if at least one Councillor is present or; A planned or scheduled meeting of at least half of the Councillors and one member of Council staff which considers matters that are intended or likely to be- a) the subject of a decision of the Council or; b) subject to the exercise of a function, duty or power of the Council that has been delegated to a person or committee. In accordance with Section 80A of the Local Government Act 1989 Council is required to report as soon as possible to an Ordinary Meeting of Council a record of any assemblies of Councillors held. Below is the latest listing of notified assemblies of Councillors held at Banyule City Council. RECORD OF ASSEMBLIES

1 Date of Assembly: 19 August 2013

Type of Meeting: Councillor Briefing

Matters Considered: Banyule Business Incubator Update – Bell Street Mall Graffiti Summit Update Plenty Valley Cricket Club Presentation Transport Strategy & Projects VicSmart Planning Permit Process School Sites Redevelopment Project Update

Councillors Present: Steven Briffa Mark Di Pasquale Rick Garotti Craig Langdon Tom Melican Jenny Mulholland Wayne Phillips

Staff Present: Simon McMillan, Chief Executive Officer Allison Beckwith, Acting Director – Community Programs Scott Walker, Director – City Development Daniel Kollmorgen, Manager –Development Services Michael Hutchison, Projects Co-Ordinator – City Development Peter Benazic, Manager – Parks & Gardens Arun Chopra, Acting Director – City Services Cameron Baird, Co-Ordinator – Engineering Services Penelope Le Petit, Senior Projects Officer – Youth & Community Frances Gianinotti, Co-Ordinator - Youth & Community Giovanna Failla, Manager - Youth & Family Services Roz Williams, Community Safety Officer - Youth & Community

6.3


ASSEMBLY OF COUNCILLORS cont’d


Shaun Barber, Manager – School Sites Redevelopment Others Present: Darren Callahan

Michael Bray Conflict of Interest: Nil


Type of Meeting: Strategic Property Group

Matters Considered: Confidential Matters – Property and Proposed Developments

Councillors Present: Steven Briffa Mark Di Pasquale Craig Langdon Tom Melican Jenny Mulholland Wayne Phillips

Staff Present: Scott Walker, Director – City Development Vincent Ryan, Manager – Strategic & Economic Development Jeanette Kringle, Property Co-Ordinator Michael Hutchison, Projects Co-Ordinator – City Development

Others Present: Nil

Conflict of Interest: Nil


Type of Meeting: Councillor Briefing

Matters Considered: Items on the Council Agenda for the Ordinary Meeting of 26 August 2013 (excluding confidential items) 4.1 Additional Paid Parking Locations in

Banyule 4.2 Notice of Decision Rosanna Village

Special Charge 4.3 VicSmart - A New Planning Process for Victoria 5.1 Adoption of the 2013 - 2017 Arts Plan 6.1 Councillor Expenses Report 2012/2013 6.2 Assembly of Councillors 6.3 Proposed sale of 1 and 2 Orr Lane

Montmorency 6.4 Council Meeting Dates for 2014 9.1 Staff Nominated for Leadership Awards 10.1 Ivanhoe Grammar School Development Plan

Councillors Present: Steven Briffa Mark Di Pasquale Rick Garotti Craig Langdon Tom Melican Jenny Mulholland Wayne Phillips

Staff Present: Simon McMillan, Chief Executive Officer Allison Beckwith, Acting Director – Community Programs Scott Walker, Director – City Development

6.3


ASSEMBLY OF COUNCILLORS cont’d


Gina Burden, Manager – Governance, Information and Laws Daniel Kollmorgen, Manager –Development Services Emily Outlaw – Senior Governance Officer Peter Utri, Manager – Organisational Performance Russell Darling, Manager – Operations

Others Present: Nil

Conflict of Interest: Nil

RECOMMENDATION

That the Assembly of Councillors report be received.

ATTACHMENTS

Nil

6.4



6.4 COUNCIL MEETING DATES FOR 2014 Author: Emily Outlaw - Governance Officer, City Development

File: BS02/025/004

SUMMARY

To consider and approve a schedule of Meeting dates for the Ordinary Council Meetings for 2014.

CITY PLAN

This report is in line with Council’s City Plan key direction to “plan and manage the systems and assets that support Council’s service delivery”.

BACKGROUND

Council’s “Conduct of Meetings Local Law” requires the Council to fix the dates, times and place of Council Meetings and to provide public notice of the Meeting schedule. The dates and venues of Council Meetings are published in Council’s annual calendar, The Banner and the local Leader newspapers. Council Meetings are currently held every fortnight on a Monday evening commencing at 7.45pm. All Council Meetings are held in the Council Chambers at the Ivanhoe Service Centre. The dates proposed have been chosen to maintain the Meeting cycle where possible whilst avoiding clashes with Public Holidays. There are times throughout the proposed dates that the meeting cycle is extended out to three weeks due the public holidays. The Mayoral Election must be held after the 4th Saturday in October, but not later than 30 November each year. A Special Meeting for the Mayoral Election in 2014 has been set for 17 November 2014.

RECOMMENDATION

That the Ordinary Council Meeting Dates for 2014 be as follows:

3 February 2 June 6 October

17 February 23 June 20 October

3 March 7 July 10 November

17 March 21 July

17 November

(Mayoral Election only)

31 March 4 August 1 December

14 April 18 August 15 December

5 May 1 September

19 May 15 September

ATTACHMENTS

Nil

8.1

Notice of Motion


8.1 WATSONIA MOTOR SHOW Author: Cr Rick Garotti

File: WMS0913

TAKE NOTICE that it is my intention to move:

“That Council allocates a one off budget allocation to a maximum value of $8,900 to prepare Watsonia Shopping Centre for the Watsonia Motor Show on 9 November 2013.”

Explanation Watsonia will host the annual Watsonia Motor Show on 9 November 2013. In preparation for the event, Council, the Watsonia Traders’ Association and others will engage in a range of activities to clean, tidy and maintain the shopping centre and its environs. The principal services involved in preparing for the motor show are Parks and Gardens, Cleansing, Youth and Community Partnerships and Infrastructure Maintenance. Economic Development will provide a coordinating function. Many of the preparation activities can be absorbed within existing service delivery, such as trimming of hedges, garden bed maintenance, litter pick-up and graffiti removal. However, some activities will require further resources, including pressure cleaning of footpaths (up to $5,000), pressure cleaning of bins (up to $900) and freshening up of line markings and painting of street furniture (approximately $3,000). The total amount of budget allocation required is a maximum of $8,900. An alternative option of staff taking part in a ‘working bee’ approach to tidy the centre has been considered unviable in achieving the outcomes required, because of:

Expectations for similar approaches to other events.

The need for specialist skills sets and use of specialist equipment.

CR RICK GAROTTI Grimshaw Ward

ATTACHMENTS

Nil

ATTACHMENTS

ORDINARY MEETING OF COUNCIL ON 9 SEPTEMBER 2013

4.1 Notice of Decision Ivanhoe Shopping Centre - Special Rate Scheme

Attachment 1 Attach 1 - Proposed Declaration ...................................................... 42

Attachment 2 Attach 2 - Letter .............................................................................. 52

Attachment 3 Attach 3 - Advert ............................................................................. 58

Attachment 4 Attach 4 - Location map of submissions ......................................... 59

5.1 Ward Fund Allocations

Attachment 1 St Mary's Little Athletics Application ................................................ 60

Attachment 2 Watsonia Traders Association Application ....................................... 63

6.2 Review of the Councillor Code of Conduct

Attachment 1 Draft Councillor Code of Conduct .................................................... 66

Att

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4.1

Item: 4.1

Attachment 1: Attach 1 - Proposed Declaration


PROPOSED DECLARATION OF SPECIAL RATE

The Ivanhoe Shopping Centre

1. The Banyule City Council (Council) proposes to declare a combination of a

Special Rate and a Special Charge (Special Rate) under section 163(1) of the

Local Government Act 1989 (Act) for the purposes of defraying expenses to be

incurred by Council in providing funds to the incorporated body known and

operating as the Ivanhoe Traders’ Association Incorporated (Traders’

Association), which funds, subject always to the approval, direction and

control of Council, are to be used for the purposes of the appointment of a part

time marketing coordinator, promotional, advertising, marketing, business

development and other incidental expenses as approved by Council and

agreed to from time to time between Council and the Traders’ Association, all

of which are associated with the encouragement of commerce, retail and

professional activity and employment in the Ivanhoe Shopping Centre

(Shopping Centre or Scheme).

2. The criteria which form the basis of the proposed declaration of Special Rate

are the ownership and the capital improved value of rateable land used, or

reasonably capable of being used, for commercial, retail or professional

purposes, which rateable land is situated within the geographical area in which

the properties described in paragraphs 6 and 7 of this proposed declaration are

included.

3. In proposing the declaration of Special Rate, Council is performing functions

and exercising powers in relation to the peace, order and good government of

the municipal district of the City of Banyule, in particular the encouragement of

commerce, retail activity and employment opportunities within the area for

which the proposed Special Rate is to be declared.

4. The total cost of the performance of the function and the exercise of the power

by Council (in relation to activities associated with the encouragement of

commerce, retail activity and employment opportunities in the area for which

the proposed Special Rate is to be declared) and also the total amount of the

Special Rate to be levied by Council is referrable to an amount of $120,000

which amount, it is proposed, will be levied in each year of the Scheme and

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4.1

Item: 4.1



which in total will raise an amount of $600,000 over the 5 year period of the

Scheme.

5. The period for which the proposed Special Rate is to be declared and is to

remain in force is a period of 5 years commencing on 1 July 2013 and ending

on 30 June 2018.

6. The area for which the proposed Special Rate is to be declared is all of the land

referred to as the Shopping Centre, as identified and shown on the plan set out

in the schedule forming a part of this proposed declaration (being Schedule 1).

7. The land in relation to which the proposed Special Rate is to be declared is all

that rateable land described in the listing of rateable properties set out in the

schedule forming a part of this proposed declaration (being Schedule 2).

8. The proposed Special Rate will be declared and assessed based on the capital

improved value of each property multiplied by an amount of 0.047396,

combined with a minimum Special Rate payable of $200, such assessments

being more particularly described in the schedule forming a part of this

proposed declaration (being Schedule 2).

9. The proposed Special Rate will be levied by sending a notice of levy in the

prescribed form annually to the person who is liable to pay the Special Rate,

which will require that the Special Rate must be paid by four instalments, to be

paid by the dates which are fixed by Council in the notice (the instalments

being payable on dates not less than 28 days after the date of issue of the

notice of levy).

10. Council will consider cases of financial and other hardship, and may reconsider

other payment options for the Special Rate.

11. Council considers that there will be a special benefit to the persons required to

pay the Special Rate because there will be a benefit to those persons that is

over and above, or greater than, the benefit that is available to persons who are

not subject to the proposed Special Rate, and directly and indirectly as a result

of the expenditure proposed by the Special Rate, the viability of the Shopping

Centre as a business, commercial, retail and professional area, and the value

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4.1

Item: 4.1



and the use, occupation and enjoyment of the properties and the businesses

included in the Special Rate Scheme area will be maintained or enhanced

through increased economic activity.

12. Council further considers, and formally determines for the purposes of sections

163(2)(a), (2A) and (2B) of the Act, that the estimated proportion of the total

benefits of the Scheme to which the performance of the function and the

exercise of the power relates (including all special benefits and community

benefits) that will accrue as special benefits to all of the persons who are liable

to pay the Special Rate is in a ratio of 1:1 (or 100%). This is on the basis that,

in the opinion of Council, all of the services and activities to be provided from

the expenditure of the proposed Special Rate are marketing, promotion and

advertising related and will accordingly only benefit the owners and occupiers

of those properties and businesses included in the Scheme that are used, or

reasonably capable of being used, for retail, commercial or professional

purposes.

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Item: 4.1



Schedule 1 to the Proposed Declaration of Special Rate MAP

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Item: 4.1



Schedule 2 to the Proposed Declaration of Special Rate

Column 1 Rateable Land Column 2 Annual Amount Payable

23 Ivanhoe Parade, IVANHOE $ 218.02








1/4-12 Livingstone Street, IVANHOE $ 356.89




7A/4-12 Livingstone Street, IVANHOE $ 222.29

7B/4-12 Livingstone Street, IVANHOE $ 224.65

7C/4-12 Livingstone Street, IVANHOE $ 271.10

10A/4-12 Livingstone Street, IVANHOE $ 270.15

10B/4-12 Livingstone Street, IVANHOE $ 235.56



1/8 Seddon Street, IVANHOE $ 200.00


10 Seddon Street, IVANHOE $ 364.95



40 Upper Heidelberg Road, IVANHOE $ 1,303.38

1/42 Upper Heidelberg Road, IVANHOE $ 218.97

51 Upper Heidelberg Road, IVANHOE $ 450.26













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4.1

Item: 4.1









98-100 Upper Heidelberg Road, IVANHOE $ 497.65











1S/120 Upper Heidelberg Road, IVANHOE $ 393.38

1O/120 Upper Heidelberg Road, IVANHOE $ 473.96

2S/120 Upper Heidelberg Road, IVANHOE $ 817.57


























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Item: 4.1
















































Att

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4.1

Item: 4.1










































164A Upper Heidelberg Road, IVANHOE $ 521.35

4 Westley Avenue, IVANHOE $ 200.00





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4.1

Item: 4.1




























58-64 Upper Heidelberg Road, IVANHOE $ 2,464.57

1/142-144 Upper Heidelberg Road, IVANHOE $ 267.78















4-12 Livingstone Street, IVANHOE $ 5,176.54


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4.1

Item: 4.1






1/132A Upper Heidelberg Road, IVANHOE $ 285.80









7A/50 Upper Heidelberg Road, IVANHOE $ 398.12


Levels 1-3 72 Upper Heidelberg Road, IVANHOE $ 200.00




111 Waterdale Road $ 374.42

119A Upper Heidelberg Road $ 209.49

119B Upper Heidelberg Road $ 209.49

119C Upper Heidelberg Road $ 209.49

Total Annual Amount $ 120,000.03

Att

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4.1

Item: 4.1 Attachment 2: Attach 2 - Letter


Att

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4.1

Item: 4.1 Attachment 3: Attach 3 - Advert


Att

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4.1

Item: 4.1 Attachment 4: Attach 4 - Location map of submissions


Att

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5.1

Item: 5.1 Attachment 1: St Mary's Little Athletics Application


Att

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5.1

Item: 5.1 Attachment 2: Watsonia Traders Association Application


Att

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6.2

Item: 6.2 Attachment 1: Draft Councillor Code of Conduct


om 9 september 2013 agenda

Documents

council meeting dates

council officers

people community

members of council staff

community life

wurundjeri people

city development ward

leave of absence