Agenda Paper Ordinary Meeting of Council · Cr James Long BM JP Cr Bruce Lowe Cr Heather Stewart...

Agenda Paper

for an

Ordinary Meeting of Council

To be held at the Council Chambers, Civic Centre, Boxshall Street Brighton

on

Tuesday, 22 September 2015 at 7.00pm

Mayor: Cr Felicity Frederico Councillors: Cr Alex del Porto

Cr Laurence Evans Cr Michael Heffernan Cr James Long BM JP Cr Bruce Lowe Cr Heather Stewart

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Members of the Gallery Your attention is drawn to Section 92 of Council’s Governance Local Law No 1. Section 92 The Chair’s Duties and Discretions In addition to other duties and discretions provided in this Local Law, the Chair – (a) must not accept any motion, question or statement which is derogatory, or defamatory of

any Councillor, member of Council staff, or member of the community. (b) may demand retraction of any inappropriate statement or unsubstantiated allegation; (c) must ensure silence is preserved in the public gallery during any meeting (d) must call to order any member of the public who approaches the Council or Committee

table during the meeting, unless invited by the Chair to do so; and (e) must call to order any person who is disruptive or unruly during any meeting. An Authorised Officer must, if directed to do so by the Chairman, remove from a meeting any Councillor or other person who has committed such an offence. Your cooperation is appreciated Chairman of Council

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Order of Business

1. Prayer

O God Bless this City, Bayside, Give us courage, strength and wisdom, So that our deliberations, May be for the good of all. Amen

2. Acknowledgement of Original Inhabitants

We acknowledge that the original inhabitants of this land that we call Bayside were the Boon wurrung of the Kulin nation. They loved this land, they cared for it, and considered themselves to be part of it. We acknowledge that we have a responsibility to nurture the land, and sustain it for future generations.

3. Apologies

4. Disclosure of any Conflict of Interest of any Councillor

5. Adoption and Confirmation of the Minutes of Previous Meeting

5.1 Confirmation of the Minutes of the Ordinary Meeting of Council held on 25 August 2015.

6. Public Question Time

7. Petitions to Council

8. Minutes of Advisory Committees

8.1 Assembly of Councillors Record

8.2 Minutes of the Arts and Culture Advisory Committee Meeting held on 19 August 2015

8.3 Minutes of the Audit Committee Meeting held on 4 September 2015

9. Reports by Special Committees

10. Reports by the organisation

10.1 Martin Street Draft Structure Plan ....................................................... 23

10.2 Bayside Film Festival .......................................................................... 29

10.3 Bayside Planning Scheme Review 2015 – Final Report ..................... 31

10.4 Wellbeing for All Ages and Abilities – Implementation Report ............. 37

10.5 Bayside Tourism Network Membership ............................................. 41

10.6 Local Government (General) Regulations 2015 .................................. 47

10.7 Strategic Service Review – Family and Childrens Services ................ 59

10.8 CON1553 Hurlingham Pavilion Demolition and New Construction ...... 64

10.9 CON1544 Provision of Christmas Decorations in Major Activity Centres (Including Design, Supply, Installation, Removal, Transportation and Storage) ............................................................................................. 68

10.10 CON1555 Boss James, Peterson East and West and Simpson Reserve Sportsground Lighting .......................................................... 73

10.11 2014/15 Local Government Performance Reporting Framework Results ............................................................................................... 76

10.12 Annual Report on Operation for 2014/15 ............................................ 83

10.13 Annual Financial Statements for the year ended 30 June 2015 .......... 85

10.14 Financial Assistance Grants to Local Government .............................. 90

10.15 Municipal Association of Victoria – State Council – Call for Motions ... 93

10.16 Membership of ICLEI (Local Government for Sustainability) ............... 97

10.17 Management of Tree Protection on Private Property Policy 2015 ..... 102

10.18 VCAT Decisions ............................................................................... 116

10.19 Council Action Awaiting Report ......................................................... 119

11. Reports by Delegates

12. Urgent Business

13. Notice of Motions

14. Confidential Business

Schedule of Meetings for 2015

Tuesday 27 October 2015 Tuesday 24 November 2015 Tuesday 15 December 2015

1. Prayer

O God Bless this City, Bayside, Give us courage, strength and wisdom, So that our deliberations, May be for the good of all, Amen

2. Acknowledgement of Original Inhabitants

We acknowledge that the original inhabitants of this land that we call Bayside were the Boon wurrung people of the Kulin nation. They loved this land, they cared for it and considered themselves to be part of it. We acknowledge that we have a responsibility to nurture the land, and sustain it for future generations.

3. Apologies

4. Disclosure of any Conflict of Interest of any Councillor

5. Adoption and Confirmation of the minutes of previous meeting

5.1. Confirmation of the Minutes of the Ordinary meeting of Bayside City Council held on 25 August 2015

6. Public Question Time

7. Petitions to Council

8. Minutes of Advisory Committees

9. Reports by Special Committees

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Ordinary Meeting of Council Tuesday 22 September 2015 6. Public Question Time

Ordinary Meeting of Council Tuesday 22 September 2015 7. Petitions to Council There were no petitions submitted to the meeting

Ordinary Meeting of Council Tuesday 22 September 2015 8. Minutes of Advisory Committees 8.1 Assembly of Councillors Record 8.2 Minutes of the Arts and Culture Advisory Committee meeting held on

19 August 2015 8.3 Minutes of the Audit Committee Meeting held on 4 September 2015

Ordinary Meeting of Council Meeting Tuesday, 22 September 2015

8.1 Assembly of Councillors Record

Corporate Services - Governance

File No: FOL/14/1097

1. Purpose of the Report

To formally report to Council on the Assembly of Councillors records in accordance with the Local Government Act 1989.

2. Background

On 24 September 2010, the Local Government and Planning Legislation Amendment Act 2010 was proclaimed.

As a result of that legislation the definition of an ‘Assembly of Councillors’ was amended together with the requirements for an assembly of Councillors.

The definition of an ‘Assembly of Councillors’ was amended to:

a) include a meeting of an Advisory Committee of the Council, if at least 1 Councillor is present; and

b) apply to a scheduled / planned meeting comprising half of the Councillors and at least 1 officer.

A requirement was also included to require the written record of an assembly of Councillors to be reported to the next practical Ordinary Meeting of the Council, and recorded in the minutes of that meeting.

Guidance material has been provided by the Department of Planning and Community Development which provides that a record of an assembly of Councillors should be a simple document that records the following:

Date, time and location of the assembly

Attendees: The names of all Councillors and staff;

Items discussed at the assembly

Any disclosures of interest by a Councillor attending the assembly and whether that Councillor left the assembly prior to the discussion on the matter.

3. Discussion

Since the introduction of the new requirements for an Assembly of Councillors, the following assemblies have taken place and a copy of the record for each is attached:

Date Name

18 August 2015 CEO and Councillor Briefing

18 August 2015 Strategic Issues Discussion

1 September 2015 CEO and Councillor Only Briefing

1 September 2015 Councillor Briefing Session

15 September 2015 Strategic Issues Discussion

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4. Implications

4.1. Policy

There are no policy implications associated with this report.

4.2. Legal/Statutory requirements

This report is presented in accordance with the requirements of the Local Government Act 1989.

4.3. Financial and resource implications

There are no financial or resource implications associated with this report.

4.4. Environmental impacts

There are no environmental impacts associated with this report.

4.5. Social impacts

There are no social impacts associated with this report.

Recommendation

That Council notes the Assembly of Councillor records submitted as required by the Local Government Act.

Date Name

18 August 2015 CEO and Councillor Briefing

18 August 2015 Strategic Issues Discussion

1 September 2015 CEO and Councillor Only Briefing

1 September 2015 Councillor Briefing Session

15 September 2015 Strategic Issues Discussion

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8.2 Minutes of the Audit Committee Meeting held on 4 September 2015


File No: FOL//14/113

The Minutes of the Audit Committee meeting held on 4 September 2015 which forms an attachment are presented in camera in accordance with the Local Government Act 1989 – Section 89(2)(h) – any other matter which the Council or a Special Committee considers would prejudice the Council or any person.

Should Councillors wish to discuss the content of the minutes it would be appropriate that Council resolves to consider the matter in camera.


To advise Council of the business transacted at the Audit Committee Meeting held on 4 September 2015.

2. Background

A meeting of the Audit Committee was held on Friday 4 September 2015 to consider the draft Financial Statements for year ended 30 June 2015.

3. Discussion

The matters discussed at the meeting included:

Draft Annual Financial Statements for year ended 30 June 2015

The Director Corporate Services together with the Manager Finance presented the Financial Statements for year ending 30 June 2015. The Committee reviewed the draft statements in detail and suggested minor editorial changes to the statements.

The Committee also considered the draft Representation letter which was tabled at the meeting.

Draft Performance Statement for year ended 30 June 2015

The Director Corporate Services presented the draft Performance Statement for year ended 30 June 2015. The Performance Statement was developed in accordance with the new Local Government Performance Reporting Framework Indicator Workbook and Better Practice Guide. The Performance Statement now contains 6 Sustainable Capacity Indicators, 12 auditable service indicators and 12 financial indicators.

VAGO – Closing Report and Draft Representation Letter

The Committee reviewed VAGO Closing Report for the audit undertaken. The VAGO representative was present at the meeting to discuss the closing report.

As a result of the detailed discussion of the annual Financial Statements and the Performance Statement, the Audit Committee recommends to Council that Council resolves to give “in principle” approval for the Financial Statements and the Performance Statement for the financial year ending 30 June 2015 subject to minor editorial changes which are outlined within the minutes.

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Meeting with VAGO Representatives

In accordance with the Audit Committee Charter the Audit Committee met with the External Auditor without the presence of Council Officers to discuss any item which the External Auditor would like to raise.

The External Auditor indicated that there were no issues to report back to management other than the need to focus on improvement in the Asset Management Systems for future years.

Acknowledgement of Audit Committee Member

The Committee also acknowledged the retirement of External Audit Committee Member Mr Michael Said who has made valued contribution to the Audit Committee over the past 6 years and 7 months.

4. Implications

4.1. Policy



There are no legal/statutory requirements with this report.





4.5. Social impacts


5. Consultation and engagement

There is no consultation or engagement applicable to this report.

6. Summary

It is proposed that the minutes of the Audit Committee Meeting held on 4 September 2015 be noted.

Recommendation

That Council:

1. notes the minutes of the Audit Committee meeting held on 4 September 2015 and endorses the actions of the Audit Committee; and

2. adopts the following recommendations of the Audit Committee dated 4 September 2015:

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Item 9.1.1.

That the Audit Committee:

1 Receives and notes the Financial Report and draft management representation letter for the financial year ended 30 June 2015;

2 Recommends to Council that Council resolves to give in principle approval of the Financial Statements for the financial year ended 30 June 2015, subject to the following amendments as indicated within the minutes of the meeting and the following additional changes to the statements:

Page 17 Additional commentary required

Page 22 Note 7 – Disclose Open Space Contributions as Capital Income rather than Operating Income.

Page 41 Note 36(i) to reflect the correct title of the reserve.

Page 48 Signatories should be both Councillor members of the Audit Committee.

3 notes the content of the organisation’s Representation Letter dated 22 September 2015.

Item 9.1.2

That the Audit Committee:

1. recommends to Council that Council resolves to adopt the Performance Statement for the financial year ended 30 June 2015 in principle subject to the following amendments;

Adjusted Underlying Result Financial Indicator

Further commentary required to reference proposed rate capping.

Unrestricted Cash Financial Indicator Provide commentary to explain the calculations.

Financial Summary within the Annual Report

To explain in detail the unrestricted and restricted cash components within the financial Statements.

2. recommends to Council that the two Councillor representatives on the Audit Committee certify the performance statement in the required format; and

Item 9.1.3.

That the Audit Committee recommends to Council that the Victorian Auditor General’s Office Closing Report for Bayside City Council for the financial year 30 June 2015 be noted.

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8.3 Minutes of the Arts and Culture Advisory Committee meeting held on 19 August 2015


File No: COR1234


To present the minutes of the Arts and Culture Advisory Committee meeting held on 19 August 2015 to Council for noting.

2. Background

Council at its meeting in November 2013 established an Arts and Culture Advisory Committee to provide a mechanism for Council to consult with key stakeholders, seek specialist advice, and enable greater community participation in arts and cultural planning and development.

A copy of the 19 August 2015 minutes of the Arts and Culture Advisory Committee is attached for Council’s information.

3. Implications

3.1. Policy

The Arts and Culture Advisory Committee is guided by Council’s Community & Stakeholder Engagement Policy, which outlines Council’s commitment to responsive community and stakeholder engagement, with quality decision making reflecting the values of the community.


There are no legal or statutory requirements associated with this report.





3.5. Social impacts

The Arts and Culture Advisory Committee provides a social impact by providing community members with an opportunity to provide advice on Council policies and strategies, and to consider issues and opportunities relating to libraries, arts and cultural development.


The minutes of the meeting are a direct result of the engagement with the Arts and Culture Advisory Committee.

5. Summary

It is proposed that the minutes of the Arts and Culture Advisory Committee meeting held on 19 August 2015 be noted.

Recommendation

That Council notes the minutes of the Arts and Culture Advisory Committee meeting held on 19 August 2015.

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Ordinary Meeting of Council Tuesday 22 September 2015 9. Reports by Special Committees

There were no reports by Special Committees submitted to the meeting.

Ordinary Meeting of Council Tuesday 22 September 2015 10. Reports by the organisation

10.1 Martin Street Draft Structure Plan ................................................................ 23

10.2 Bayside Film Festival .................................................................................... 29

10.3 Bayside Planning Scheme Review 2015 – Final Report ............................. 31

10.4 Wellbeing for All Ages and Abilities – Implementation Report..................... 37

10.5 Bayside Tourism Network Membership ...................................................... 41

10.6 Local Government (General) Regulations 2015 .......................................... 47

10.7 Strategic Service Review – Family and Childrens Services ........................ 59

10.8 CON1553 Hurlingham Pavilion Demolition and New Construction ............. 64

10.9 CON1544 Provision of Christmas Decorations in Major Activity Centres (Including Design, Supply, Installation, Removal, Transportation and Storage) ........................................................................................................ 68

10.10 CON1555 Boss James, Peterson East and West and Simpson Reserve Sportsground Lighting .................................................................................. 73

10.11 2014/15 Local Government Performance Reporting Framework Results ... 76

10.12 Annual Report on Operation for 2014/15 ..................................................... 83

10.13 Annual Financial Statements for the year ended 30 June 2015 .................. 85

10.14 Financial Assistance Grants to Local Government ...................................... 90

10.15 Municipal Association of Victoria – State Council – Call for Motions .......... 93

10.16 Membership of ICLEI (Local Government for Sustainability) ....................... 97

10.17 Management of Tree Protection on Private Property Policy 2015 ............ 102

10.18 VCAT Decisions .......................................................................................... 116

10.19 Council Action Awaiting Report .................................................................. 119


10.1 Martin Street Draft Structure Plan

City Strategy - Urban Strategy

File No: PSF/15/773


To present the Martin Street Draft Structure Plan for endorsement by Council for the purposes of community consultation and engagement. The third round of consultation and engagement provides an opportunity for community members, landowners, stakeholders and interested parties to provide feedback on the draft Structure Plan prior to its finalisation.

2. Background

2.1 Background

The Bayside Housing Strategy (2012) is the overarching local policy framework which guides how residential development in Bayside will be planned and managed over the next 20 years. The Housing Strategy identifies the Martin Street Large Neighbourhood Activity Centre in Brighton as one of Bayside’s focus areas for future moderate residential growth as it provides good access to shops and public transport (Gardenvale Railway Station and several bus routes). The Housing Strategy recommends the preparation of a Structure Plan for Martin Street, to guide growth in the centre over the next 20 years. In addition, the Bayside Planning Scheme Review (adopted by Council in September 2011) found that the Martin Street Activity Centre required a Structure Plan to provide greater direction for land use and development. Plans for the Centre were last prepared by the City of Brighton in the early 1990s. To guide future development in the Martin Street Activity Centre, a draft Structure Plan has been prepared bringing together community views, expert analysis and policy direction.

2.2 Context

Martin Street is identified as a Large Neighbourhood Activity Centre by the Bayside Housing Strategy (2012). The Centre offers a range of retail and service outlets and has a primarily local catchment of a maximum of approximately 1.5 kilometres. Martin Street offers a good range of daily services including a small supermarket, fresh food retail, cafes, restaurants and take away outlets, hairdressers and medical services. The Centre is well serviced by public transport with Gardenvale Station at its core and 6 different bus routes running through and around the Centre. Martin Street is characterised by its village atmosphere and the ‘boutique’ nature of its cafes and retail stores situated within highly valued Heritage buildings.

A number of constraints limit the Centre’s potential for future expansion. These constraints have been identified through the research and consultation process and include Heritage Overlays that apply to much of the Centre, including the commercial strip and surrounding residential areas. In addition, the Economic Function and Performance Report (2015) found that due to the established nature of the centre and the small size of land parcels in the commercial area, there are limited opportunities for future expansion of commercial floor space. Due to the Centre’s establishment in the early 1900s, infill development has already occurred. As a result there are not any major redevelopment sites that could be designated for public space or new community infrastructure. It is for these reasons that the role of the Martin Street Structure Plan is to retain and enhance its neighbourhood focus and its unique existing character rather than redeveloping and expanding the Centre through a range of strategies to significantly change the built form or provide new and public spaces.

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3. Discussion

3.1 The draft Structure Plan content The draft Structure Plan sets out an overall vision for the future of Martin Street:

A friendly local hub for shopping, transport and a range of housing choices that respond to Martin Street’s neighbourhood scale and enhance its village atmosphere and Heritage charm.

This vision will be achieved through a range of strategies, grouped under the themes of Land Use, Built Form, Access and Transport and Landscape and Environment (contained at Attachment 1):

Land Use strategies:

Provide a range of housing types and sizes to cater to different needs (with a predominance of townhouses rather than apartments);

Encourage a lively commercial precinct with shop-top housing;

Support activation of the commercial area to ensure the ongoing economic viability of Martin Street; and

Maintain active frontages at ground level in the commercial area.

Built Form strategies:

Ensure building heights, side and rear setbacks respond to local context and address amenity impacts and protection of valued character elements; and

Recess upper level storeys to reduce visual impacts.

Access and Movement strategies:

Advocate for improvements to signage and lighting in the railway environs to provide pedestrian safety and easy navigation through the centre;

Improve vehicle access to and from the Nepean Highway to provide a safe and welcoming entrance;

Encourage upgrades to laneways in the Centre for pedestrian access and rear access to properties; and

Ensure an appropriate level of car parking is provided for visitors, residents and traders without compromising the streetscape.

Landscape and Environment strategies:

Improve the appearance of the Nepean Highway interface;

Improve and enhance the appearance of the railway overpass;

Investigate a new use for the Elster Creek Canal such as a pocket park to complement the trail.

The draft Background Report (Attachment 2) contains a detailed discussion of the findings and analysis that supports the strategies and recommendations presented in the draft Structure Plan.

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3.2 Key points for discussion Building Heights and Built Form A key objective of the draft Structure Plan is to maintain the low-scale village atmosphere of Martin Street. To achieve this, the commercial core of the centre along Martin Street running from Nepean Highway to Hamilton Street, is proposed to be 3 storeys. A 3 storey built form in this location complements the existing scale and character of Martin Street through the retention of the existing street wall height. Providing a consistent street wall height along this section of the centre will enhance the strong heritage character elements of the commercial strip. This 3 storey character is continued in the residential area to the south of Martin Street bordered by Nepean Highway, Spink Street and North Road and in the eastern side of Asling Street as these areas are located very close to the central core and have block sizes that can incorporate apartments or townhouses up to 3 storeys.

The built form then changes to 2 storeys at the eastern end of Martin Street and the northern portion of Asling Street. These areas are not affected by a Heritage Overlay and can accommodate some more intense 2 storey housing such as villa units. These areas provide an appropriate transition from 3 storeys at the core to the surrounding existing Neighbourhood Residential Zone where 2 storeys is the maximum height.

In addition to the predominantly 2 and 3 storey character of the Centre, parcels on the corner of Asling and Martin Street have been identified for 4 storeys. While the site on the corner of Asling Street has a VCAT approval for a 5 storey development, this does not reflect Council’s vision for Martin Street as an area for moderate growth as identified in the Bayside Housing Strategy (2012). The draft Structure Plan seeks to apply a consistent approach for future built form that keeps with the character of the surrounding Heritage buildings. Council is of the view that a 4 storey building, which largely appears as a 3 storey structure from the street is the most appropriate height in this location in order to positively contribute to the amenity and character of both the commercial area and the nearby residential areas.

Two sites on the Nepean Highway service road at the eastern end of Martin Street have been identified for apartment-style development up to 5 storeys. Higher built from in this area will have a minimal direct amenity impact as it is in a location with limited adjoining residential areas. More intense housing development at these peripheral locations will have a number of benefits including the provision of housing in proximity to public transport, services and facilities.

Retaining a maximum of 3 storeys in the majority of the Centre will ensure the village atmosphere and Heritage character is enhanced and amenity impacts on established residential areas is minimised.

Heritage Heritage Overlays apply to much of the Centre and the surrounding residential areas. The Heritage character of the commercial core is of a high value and positively contributes to the appearance of Martin Street and its village atmosphere. The Martin Street Precinct is recognised by Clause 22.05 of the Bayside Planning Scheme (Heritage Policy) as historically, architecturally and aesthetically significant. Many of the buildings in the commercial area were built in the early 1900s in the Edwardian style. The draft Structure Plan seeks to preserve the heritage value of the precinct as a whole by limiting heights to reflect the highly valued architectural built form. This will ensure future development is consistent with existing parapet heights and complement the Heritage character of the buildings and the Centre as a whole.

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Enhancing the streetscape Many of the improvement opportunities identified by the community in the first two rounds of consultation related to improvements to the streetscape (footpath renewal, new seating and more bicycle parking). The streetscape upgrade works carried out by Council between March and May 2015 addressed these necessary improvements. The draft Structure Plan is designed to build on the work already carried out to improve the centre and continue to provide a pleasant environment throughout Martin Street. A number of other improvements have been identified by the draft Structure Plan (Attachment 1). This includes the investigation of a linear pocket park at the Elster Creek Canal, improvements to the railway environs and treatments to the Nepean Highway intersection with Martin Street. Council’s role in these sub-projects will be as advocate as these areas are owned and managed by other government authorities (Melbourne Water, VicTrack and VicRoads).

3.3 Next Phase of Community Engagement

The Communication and Engagement Strategy (Attachment 3) outlines the next stage of consultation and engagement and key actions to be included in the consultation, following endorsement of the draft Structure Plan. Based on the feedback received from the community at the 3rd round of community engagement, the draft Structure Plan will be refined and presented to Council as a final for adoption. The final Structure Plan will include a detailed Implementation Plan. Council will also be presented with the associated Planning Scheme Amendment documentation as part of considering the final Structure Plan.

4. Implications

4.1. Policy

Bayside City Council Plan 2013-2017

Developing a Structure Plan for Martin Street is consistent with the following Council Plan strategies:

Strategy 3.1.1: Developing planning strategies and policies with our community that enhance Bayside’s liveability along with its natural and built environment. This will be achieved through developing policies which guide development in appropriate locations and improve liveability for residents.

Strategy 3.1.2: Engaging with our community to ensure we develop appropriate planning controls for Bayside. The community has been consulted through the structure planning process and will continue to be engaged as the Structure Plan moves towards implementation.

Preparation of the Structure Plan is also an action of the previous 2014/15 and the current 2015/16 Council Budget.

Bayside Housing Strategy (2012)

The Bayside Housing Strategy provides a framework for how residential development in Bayside will be managed over the next 20 years, identifying the location and type of residential development required to meet the changing needs of the Bayside community. The Housing Strategy identifies that the main focus for new housing should be within Bayside’s Principal, Major and Neighbourhood Activity Centres where there is existing infrastructure and good transport connections.

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Council is not legally required to prepare a Structure Plan, however it plays an important role in supporting and justifying any subsequent changes to the Planning Scheme, including new planning controls.

Following adoption of the Martin Street Structure Plan, anticipated for early 2016, the Structure Plan will be implemented into the Bayside Planning Scheme via the statutory process prescribed by the Planning and Environment Act 1987.

Financial and resource implications

Council allocated $80,000 in the 2012/13 Council Budget for the preparation of the Structure Plan. Funding for the remaining stage of the project is now provided in the 2015/16 Budget, with this allocation to also support the implementation of the final adopted Structure Plan into the Bayside Planning Scheme.

Environmental impacts

The Martin Street Structure Plan contains a number of strategies to address environmental impacts within the Martin Street Structure Plan area. Strategies include ensuring housing is provided close to public transport and major roads to reduce traffic congestion, better utilise infrastructure and locate housing in close proximity to services and facilities.

Social impacts

The Martin Street Structure Plan outlines a number of strategies for providing a mixture of housing types to increase housing choice and affordability in an area well serviced by shops and transport.


A Communication and Engagement Strategy is included at Attachment 3. The Strategy outlines the next stage of consultation and engagement and key actions. Some of the key actions in the Engagement Plan include:

A mail out, which includes a brochure outlining the key elements of the Structure Plan and information on how to provide feedback, to all property owners and occupiers in and around the centre;

A dedicated website which contains factsheets, downloadable documents and opportunities for comment and interaction;

Drop-in sessions within the Martin Street commercial area; and

A survey to gauge community satisfaction/feedback regarding the draft Structure Plan.

6. Summary

State and Local policy has identified Martin Street as an area for future growth. Council’s adopted position is that the area should support the provision of medium density housing. A draft Structure Plan has been prepared for the Martin Street Activity Centre which addresses the future character, built form, streetscape and land use for the centre. The structure planning process has provided Council with an opportunity to work with the local community to discuss and carefully plan for the future demographic and economic changes expected over the next 20 years. The Structure Plan seeks to provide direction and clarity for the local community, developers and Council in managing future growth and change within the Centre. The next stage in the process is to present the draft Structure Plan to the community for comment and feedback.

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Recommendation

That Council:

1. endorses the draft Martin Street Structure Plan as provided at Attachment 1 for the purposes of community consultation and engagement;

2. adopts the Martin Street Structure Plan Background Report at Attachment 2 and the Community Consultation and Engagement Strategy at Attachment 3; and

3. receives a report on the findings of the third-round community consultation and engagement and a final Martin Street Structure Plan at the 24 February 2016 Ordinary Meeting of Council.

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10.2 Bayside Film Festival

Community Services - Family & Cultural Services

File No: FOL/15/334


The purpose of this report is to inform Council of a change to the timeframe for the review of the Bayside Film Festival.

2. Background

The Bayside Film Festival commenced in 2004 with the aim of presenting an innovative program showcasing works by young and emerging film-makers. The first Festival consisted of a curated program, documentary short films and student workshops, run from the Beaumaris Theatre.

The Bayside Film Festival now runs as an annual, four day event in August at Palace Cinemas comprising an opening night, awards night, a curated program, youth screenings and workshops.

The Festival is one of a range of programs provided through Council’s Arts & Culture unit, including the Resonance music program, Gallery@BACC, ARTrium, and the Artist in Residence program.

At its meeting of 16 December 2014, Council resolved to:

1. Adopt Option 4 as outlined in this report, providing for a modified Festival in 2015, only with an increase in Bayside schools participating in the program.

2. undertakes further work to better understand the broader community needs relevant to the Festival, and more accurately determine the level of relative public value delivered, with a report to be provided to Council in September 2015.

Option 4 involved revised Youth Documentary Project and Digital Stories programs, with increased expectations of participating schools. The Curated Program would be discontinued. The Jump Cut competition would continue but with increased fees and the addition of a "people's choice" award.

The Festival did not run in 2015. Despite rigorous efforts, an increase in Bayside schools participating in the program was not able to be achieved, and hence the condition referred to in (1) above was not met.

An allocation has been made in Council’s 2015/16 budget for the Festival. It remains to be determined, however, whether or not the Festival will proceed in 2016. Council’s wishes in relation to this will need to be heard.

3. Discussion

The work to understand community needs and the level of relative public value provided by the Festival is being undertaken in the context of a Strategic Service Review of Council’s Arts & Culture Unit, currently in progress. The timeframe for this Service Review has been extended to enable:

1. Consultation with participants and attendees for the various arts & culture programs provided by Council (currently underway);

2. Engagement with the broader community to better understand their expectations and the relative public value attributed to arts & cultural activities, as part of the community planning process currently being undertaken by Council.

As a consequence, the outcomes of the Strategic Service Review, including a proposed future direction for the Bayside Film Festival, will be ready for Council’s consideration in December 2015.

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4. Implications

4.1. Policy

Reviewing the current suite of arts & cultural programs was included as an action in the Library Arts and Culture Strategy 2012-2017 and accompanying Five Year Action Plan. The Strategy includes the following action under the heading “Community Responsiveness”:

Review the current suite of arts & cultural programs with a view to shifting the balance from audience events to participative, community-initiated programs that deliver measurable community benefits.


Not applicable to this report.


The work associated with the Strategic Service Review is being undertaken within existing staff time and existing operating budget allocations.



4.5. Social impacts

As this report is an update on the process for determining a future direction for the Bayside Film Festival, there are no social impacts directly applicable to this report.


Extending the timeframe for the Strategic Service Review will enable consultation with participants and attendees for the programs provided through the Arts & Culture Unit.

Engagement with the broader community will also take place as part of the community planning process currently being undertaken by Council.

6. Summary

Council has previously resolved to undertake further work to better understand community needs relating to, and the level of relative public value delivered by, the Bayside Film Festival.

This work is currently being undertaken in the context of a Strategic Service Review of Council’s Arts & Culture Unit. The timeframe for this process has been extended to enable consultation with program participants and attendees, as well as engagement with the broader community.

Recommendation

That Council resolves to consider whether or not the Bayside Film Festival is delivered in 2016 and beyond, and determines this in December 2015.

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10.3 Bayside Planning Scheme Review 2015 - Final Report




To present Council with the results of the second round of community consultation for the Bayside Planning Scheme Review 2015 and, the final report for adoption prior to submission to the Minister for Planning in response to the requirements of the Planning and Environment Act 1987.

2. Background

At its meeting on 23 June 2015, Council resolved to adopt the Draft Bayside Planning Scheme Review Report 2015 for the purpose of a final round of community consultation. Consultation concluded in July and a final Planning Scheme Review Report has been prepared.

2.1 Legislative Requirement

Section 12B of the Planning and Environment Act 1987 (the Act) requires Council to undertake a review of its Planning Scheme within 12 months of the approval of a Council Plan, or within a longer period as determined by the Minister for Planning. As the Bayside Council Plan 2013-2017 was adopted in June 2013, there was a legislative requirement for the Bayside Planning Scheme to be reviewed by June 2014. The Minister for Planning has approved an extension of time until the end of September 2015 for the review to be completed. Council resolved to request that the Minister for Planning provide an extension of time to complete the review due to unplanned projects including the review of the State Planning Policy Framework, release of Plan Melbourne as well as the new residential zones.

2.2 Review process and extensions of time

At its meeting of March 2014, Council adopted the proposed review methodology which included the following stages:

Stage 1 – Project inception and data analysis (completed);

Stage 2 – Consultation on preliminary findings (completed);

Stage 3 – Draft Planning Scheme Review and consultation (completed); and

Stage 4 – Final Planning Scheme Review and implementation plan (current stage).

The review has been carried out in accordance with the adopted methodology and the extension of time provided by the Minister for Planning.

3. Discussion 3.1 Preliminary data analysis and first round community consultation

Prior to undertaking community consultation, Council officers conducted a preliminary data analysis. This included a desktop review that analysed the following information:

1. An audit of the progress and relevance of recommendations of the 2011 review;

2. New/modified State Government plans, strategies and amendments;

3. Changes to the SPPF;

4. Changes to state standard zones and overlays;

5. New/modified Council plans and Strategies;

6. VCAT decisions;

7. Planning Panels Victoria reports;

8. Internal stakeholder consultation;

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Following the preliminary data analysis, a first round of community consultation was undertaken in March and April 2015 via an online survey and public drop-in sessions. Consultation was advertised directly to 24 community and interest groups and 850 registered users of Council’s web based community engagement tool. Council received 286 responses to the online survey.

A summary of the feedback is contained in the Final Bayside Planning Scheme Review Report (Attachment 1).

3.2 Second round of community consultation

A second round of community consultation was undertaken on the Draft Bayside Planning Scheme Review report in July this year. This included advertisements in the Leader newspaper, direct email and mail to interested parties as well as a survey on Council’s website. The Draft Report and supporting documentation including a summary report were provided at Council libraries and the Sandringham Corporate Centre. The purpose of the engagement was to gain feedback on:

Recommended changes to the Planning Scheme;

Ways in which Council can assist the community in better understanding and engaging with planning issues; and

Community priorities for new local planning policies or policy gaps.

Council received a total of 36 responses to the online survey as well as two written submissions.

Detailed analysis of the submissions and survey results is contained in Appendix 2 to the Final Planning Scheme Review Report. Submissions did not raise any issues that vary or change the recommendations of the Draft Report. The overall response to the recommendations is considered positive, and an indication that the direction of the Planning Scheme Review reflects issues important to the community.

Notwithstanding the above, some respondents rated the recommendations as poor or very poor in addressing their concerns. In these cases, respondents did not identify why this was the case, but raised other general planning issues including:

The complexity of the Planning Scheme;

Overdevelopment and development being out of character with their own area;

The impacts of traffic, car parking and congestion; and

Clearer guidance about where the Heritage Overlay is applied.

All issues are outlined and addressed within Appendix 2 to the Final Planning Scheme Review Report but can be categorised as being addressed by current or future projects, relating to the currently exhibited Amendment C140, matters outside of Council’s control (i.e. specific issues with the Planning Scheme which the State Government are responsible for) or non-planning issues.

In respect of new local planning policies proposed in the Draft Report, respondents ranked five specific options. Respondents favoured a new local policy regarding Environmentally Sustainable Design followed by a policy providing more guidance on managing conflicts between residential uses and businesses in activity centres and, planning for climate change/sea level rise. New policies regarding advertising signage and managing locations for the sale and consumption of liquor were least favoured. A detailed breakdown of all respondent rankings is provided in Appendix 2 to the Final Planning Scheme Review Report.

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Other issues nominated by respondents as requiring a new local policy included:

Car parking and traffic;

Greater clarity regarding where growth is intended to occur;

The zoning of the Pennydale/Southland Activity Centre area;

Clearer protection for solar panels from overshadowing;

Being proactive in enforcing existing management plans;

Planning for open space;

Limiting the impact on amenity of existing residents from multi-storey buildings; and

Roads, garbage, social services and rates reduction.

These issues are discussed in detail at Appendix 2 to the Final Planning Scheme Review Report.

The survey also asked about ways Council could help the community better understand how the Planning Scheme and the planning system works. Respondents generally favoured the use of fact sheets and guides rather than regular articles, briefings or online tutorials.

When asked about what changes to the Planning Scheme would help the community better understand it, respondents generally favoured Council providing an informative webpage dedicated to the Bayside Planning Scheme, hard copy fact sheets and guides as well as an interactive map to provide zoning and overlay information.

The issues discussed below were also raised during the two rounds of consultation.

Southland Activity Centre/Pennydale

The Amendment C125 process highlighted the existing General Residential Zone which applies to the area and designation as a growth area as part of the future Southland Activity Centre.

The Draft Report recommends development of a Structure Plan for the Southland area as a high priority to commence in the 2016/2017 financial year. This process will involve extensive community consultation and development of a long term vision for the area as well as planning controls to manage housing growth. The Structure Plan would also address matters such as traffic and car parking, infrastructure needs and amenity impacts.

Highett

The residential area of the Highett Activity Centre is subject to planning controls that were implemented in 2007 as a result of the Highett Structure Plan. This was subject to extensive community consultation. It is acknowledged in the Draft Report that this structure plan is now 10 years old and should be reviewed. This is recommended as a high priority to be commenced in the 2016/2017 financial year.

Distribution of growth across Bayside

Concerns related to the perceived protection of some areas and lack of protection for others. This is primarily a result of the application of the Neighbourhood Residential Zone in 2014 which restricted 83% of Bayside’s residential areas to a maximum of two dwellings on a lot, and two storey building heights. These areas are proposed to be further restricted through Amendment C140 which is currently on public exhibition. These concerns are held primarily by residents in Highett and Cheltenham.

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The location of housing growth across Bayside is outlined in Council’s Housing Strategy 2012 which was the result of extensive community consultation in 2011 and 2012. The development of the strategy included public dialogue on numerous options for managing growth. The final Housing Strategy option adopted by Council confirmed activity centres as locations to accommodate the majority of housing growth. This is also in line with long held State Government planning policy, and identified areas across Bayside meeting the criteria of an activity centre which includes proximity to public transport, retailing, entertainment and services.

3.3 Key recommendations

The Final Bayside Planning Scheme Review Report 2015 contains a total of 77 recommendations relating to changes to the Planning Scheme, strategic work required and initiatives to address the need to increase community awareness and understanding of planning issues and the Planning Scheme. Key recommendations are informed by the preliminary data analysis and community consultation discussed in the sections above. Recommendations include:

Continue implementation of the Housing Strategy 2012 via amendment C140 and future

projects to facilitate its recommendations;

Complete the Retail, Commercial and Employment Strategy (recently commenced);

Prepare Structure Plans for Martin Street and Hampton East (Moorabbin) (currently

underway);

Review the four Major Activity Centres (Bay and Church Street Brighton, Hampton Street,

Hampton and Sandringham Village) including car parking plans (underway);

Prepare a structure plan for the Southland Activity Centre;

Review the Highett Activity Centre Structure Plan;

Assess physical, social, community and cultural infrastructure required to support future

population growth;

Develop a policy and guidelines for Environmentally Sustainable Design and climate

change/sea level rise;

Review the Neighbourhood Character Policy (clause 22.06), Heritage Policy (clause 22.05)

and Discretionary Uses in Residential Areas Policy (clause 22.07).

3.4 Implementation

The final Bayside Planning Scheme Review Report includes a summary of future projects prioritised as high, medium and low. Each level of priority contains several projects that require further analysis in order to develop a detailed implementation plan envisaged to cover the period until the next Planning Scheme Review in 2018. The implementation plan is planned to be presented to Council in December 2015 for adoption and will identify projects that can be immediately progressed with limited resource and budget implications, and those that required a larger allocation of both. A summary of key projects to be included in the implementation plan are provided in the following table.

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4. Implications

4.1. Policy

Undertaking the Bayside Planning Scheme Review is consistent with the following Goals and Strategies of the Bayside

Council Plan 2013-2017:

Goal 1: An engaged community and Council

o Strategy 1.1: Ensuring decisions are informed by community input and clearly communicate what we decided and why.

Goal 3: A liveable city

o Strategy 3.1: Protecting and enhancing amenity, liveability and neighbourhood character.

Goal 7: Financial responsibility and good governance

o Strategy 7.2: Open and transparent decision making and strong accountability to the community.


Reviewing the Bayside Planning Scheme is a legislative requirement under Section 12B of the Act. A Planning Scheme Amendment is required to implement changes to the Bayside Planning Scheme identified in the Bayside Planning Scheme Review 2015, once completed.


Financial implications associated with the recommendations and current and future strategic work and projects will be outlined in the subsequent implementation plan and considered in future budget cycles.


The Bayside Planning Scheme Review has no immediate environmental impacts. It is within the scope of the review to ensure that the Bayside Planning Scheme appropriately responds to environmental issues facing Bayside now and into the future.

4.5. Social impacts

The Bayside Planning Scheme Review has no immediate social impacts. It is within the scope of the review to ensure that the Bayside Planning Scheme appropriately responds to social issues which face Bayside, as they relate to the planning system.


Community consultation undertaken in developing the final Bayside Planning Scheme Review 2015 has been detailed in sections 2.3 and 3.1 of this report.

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6. Summary

The Final Bayside Planning Scheme Review Report 2015 has been prepared having regard to internal and external consultation as well as a review of technical data sources. The report finds that the 2011 Review was comprehensive and continues to provide strategic direction for current and future projects to address policy gaps within the Bayside Planning Scheme as well as usability issues.

Further analysis identifies new planning issues and policy gaps to be addressed through additional strategic work. The final Review Report has prioritised these projects to guide Council’s consideration of funding and resourcing for these improvements over the next four years.

It is now important that Council adopts the final Bayside Planning Scheme review report so it can be submitted to the Minister for Planning by September 2015.

Recommendation

That Council:

1. adopts the Final Bayside Planning Scheme Review Report 2015 as contained in Attachment 1;

2. submits the Final Bayside Planning Scheme Review Report 2015 to the Minister for Planning in accordance with section 12B(5) of the Planning and Environment Act 1987; and

3. receives a report detailing the Planning Scheme Review Implementation Plan at its Ordinary Meeting on 15 December 2015.

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10.4 Wellbeing for All Ages and Abilities - Implementation Report

Community Services - Youth, Recreation & Events

File No: FOL/13/428


This report is an annual update (2014-2015) of the implementation of Council’s Wellbeing for All Ages and Abilities Strategy 2013-2017 and meets the requirements of the Public Health and Wellbeing Act (2008).

2. Background

Council has a statutory responsibility under the Public Health and Wellbeing Act (2008) to prepare a Municipal Public Health and Wellbeing Plan (MPHWP) every four years following the Council election and to review the plan annually.

Council adopted an innovative approach to developing the MPHWP in 2013. The Wellbeing for All Ages and Abilities Strategy 2013-2017 (WAAA) meets the requirements of the Public Health and Wellbeing Act (2008), whilst integrating planning for people of all abilities in Bayside from early childhood through youth, adult life and older years. The WAAA is supported by the following action plans:

Early Years Action Plan;

Disability Action Plan (meeting the requirements of the Disability Act 2006);

Heathy Community Action Plan; and

Youth Action Plan.

These action plans identify activities that will be taken, in relation to relevant population groups, to achieve the three goals and fourteen objectives set out in the WAAA.

The WAAA was adopted and the Early Years, Healthy Community and Youth Action Plans were endorsed by Council on September 24, 2013. The Disability Action Plan (DAP) was endorsed by Council on 29 October 2013. The update report for 2013/14 was presented to Council on 16 September 2014.

3. Discussion

The WAAA’s second year action plans covered the period from July 1, 2014 to June 30, 2015. Actions have been implemented by Council and external partners.

3.1 Review findings for the 2014/15 period

The WAAA complies with its obligations under legislation; and

The evaluation plan for the WAAA provides a framework for the monitoring of health and wellbeing outcomes over the 2013-2017 time periods. However, the delayed publication of data from State Government surveys has meant that baseline measures for 2013 are still not available for some indicators.

3.2. Highlights of the WAAA Action Plans

Key highlights from the action plans, presented in the three goal areas of the WAAA:

Goal 1: An engaged and supportive community

Council’s Youth Services and Aged & Disabilities Services departments partnered with Firbank Grammar in September to deliver an iPad learner program to seniors in the community. Firbank students volunteered to develop the program with the support of Council Youth Workers and delivered the program to 75 seniors over nine sessions. The program was a great success with both young people and seniors benefitting.

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A midterm review of the DAP took place in May 2015 where community members were informed about the progress of DAP actions. Positive feedback was received to indicate that the implementation of the DAP is consistent with community expectations.

Council delivered a universal parent education program over the 12 months that informs and supports parents regarding their children's development. Over 630 community members participated, up from 192 in previous year.

A "Family Fun Day" event was held in May 2015 at a local public housing estate. An estimated 40 community members attended the event, with a significant number of children. Council and other community based organisations engaged with the community, provided information and linked individuals with available services. Council received very positive feedback and is working with Council partners to explore how we can continue to support this community group.

Goal 2: A healthy and active community

Stress management support groups were run by Youth Services at local schools during August 2015. The sessions focused on ways for young people to support themselves through the VCE exam period. The group provided a safe and confidential space for the members to discuss their personal stories and ask questions. Feedback from the Student Welfare Coordinators stated that the group members felt more comfortable during their exams and performed better than before the support group was established.

Over the 12 month period, retrofitting of Council buildings was undertaken to create better access to Black Rock Activity Centre, Gordon St Kindergarten, Brighton and Hampton Senior Citizens’ Centre and Beaumaris Bowls Club. Improvements included accessible toilets, ramps, walkways and driveway access for improved access. These have improved access for those community members with a disability.

Council partnered with the former Bayside Medicare Local and a range of stakeholders to develop and implement the Child and Youth Directory. The directory was made available from March 2015 as an online portal for access to local services and support for families and professionals.

The Bayside Walking Strategy 2015 – 2025 (adopted June 2015) demonstrates Council’s commitment to increasing the number of people who choose to walk more often for short trips within the municipality.

Goal 3: Safe and sustainable environments

‘Bayside says no to bullying’ was a forum for Primary School students to come together and take a stand against bullying in their schools. The one day forum held in August 2014 was attended by 75 students from five local schools, with one session focusing on online bullying and cyber safety.

Implementation of foreshore risk management renewals was undertaken during the year, including slope and path stabilisation, safety fencing and stair repairs along the Bayside foreshore.

3.3 Monitoring Progress on WAAA Objectives

The WAAA Evaluation Plan collects a range of data from surveys, health agencies and government departments to monitor progress against the objectives of the WAAA. This data is outcomes-based and is monitored over the life of the strategy. As part of the monitoring process, results are benchmarked against neighbouring Local Government Areas.

Data used to monitor the outcomes of the WAAA comes from a variety of sources and time periods.

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Goal 1: An engaged and supportive community

- A number of the mental health indicators have shown small changes to trends:

o Parents reporting high levels of stress in the family from - 8.5% to 10.8%;

o Parents concerned about the behaviour of their child - 8.2% to 9.8%; and

o Self-reported mental health - 90.3% to 88.3%.

- Survey data showed that residents’ perception of their access to services had decreased slightly - 69.9% to 68.2%.

Goal 2: A healthy and active community

o Breastfeeding rates at six months of age in Bayside were constant overall (fully and partially breastfed). However the percentage of ‘fully’ breastfed babies has decreased from 47.9% to 37.8%, primarily due to a revised definition being used in accordance with government guidelines; and

o The immunisation rates for five year old children have increased - 89.8% to 96.2.

Goal 3: Safe and sustainable environments

- Crime offences increased in Bayside in the following categories:

o Against the person - 400 to 438.2 per 100,000 population; and

o Family violence – 523.8 to 540.8 per 100,000 population. Victoria Police have strengthened its response to the issue of family violence by encouraging the reporting of family violence incidents (by both community members and police officers), and laying criminal charges where appropriate.

- Fewer Bayside children have reported being bullied at school:

o Years Five and Six - 11.8% to 11.5%; and

o Years Seven to Nine - 18.2% to 14.2%.

- Road accident data showed

o Incidents on Bayside roads involving a hospitalisation have decreased - 272 to 228 per 10,000 population; and

o An increase in the number of accidents involving vehicles, bicycles and pedestrians.

Data collection for the WAAA Evaluation Plan is ongoing. An understanding of identified trends will be supported by additional data sources and evidence from Council’s partner agencies.

4. Implications

4.1. Policy

The WAAA is a key strategy for Council in achieving several of the goals within the Council Plan (2013-2017) including: Goal 2: A strong supportive community; Goal 3: A liveable city; and Goal 5: A creative active community.

The WAAA is consistent with the Bayside 2020 Community Plan with particular linkages between the goals of the WAAA and the Community Plan’s key priority areas of: community connection; life stage issues; and recreation, leisure, arts and culture. The WAAA assists the community to achieve its Vision that ‘In 2020 Bayside will be a truly interconnected community with support for people of all ages and stages in their life’.

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Council is required to review the WAAA annually under the provisions of the Public Health and Wellbeing Act (2008). Council is also required to report on the implementation of the Disability Action Plan in its annual report (Disability Act 2006).


Operational budgets incorporate relevant activities under the WAAA.


The WAAA includes Goal 3: ‘Safe and sustainable environments’. One of the benefits of the WAAA has been to enable Council to prepare the community to respond to extreme weather events.

4.5. Social impacts

The WAAA is the key strategic planning tool for addressing community health and wellbeing and provides direction for Council strategies, plans and activities. The WAAA supports Council to work in partnership with a range of community groups and service providers to undertake activities and programs that promote the health and wellbeing of all members of the Bayside community.


Community engagement with the implementation of the WAAA is undertaken on an as needs or ‘fit for purpose’ basis. Generally community engagement occurs with the planning of the Action Plans activities.

6. Summary

The WAAA and Action Plans have been reported on, as required by the Victorian State Government legislation. The WAAA sets broad goals and priorities to promote municipal public health and wellbeing that inform the operational processes of Council and community organisations. The implementation of the WAAA is progressing well with many activities undertaken and highlights achieved. A formal evaluation of WAAA will be conducted to identify key strengths and areas for improvement to inform the development of a future Wellbeing for All Ages and Ability Strategy (2017-2021).

Recommendation

That Council receives and notes the report on the annual implementation of Bayside’s Wellbeing for All Ages and Abilities Strategy (WAAA) 2013-2017 and Action Plans.

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10.5 Bayside Tourism Network Membership


File No: PSF/15/3024


To inform Council of the process undertaken to seek candidates for the vacant Bayside Tourism Network (BTN) membership positions and for Council to appoint the recommended new and renominating members. The Terms of Reference have also been revised and are presented for consideration and adoption.

2. Background

The BTN is an advisory group established by Council in 2000 to facilitate the development of the tourism industry in Bayside. The BTN assists Council on tourism related matters and assist with the implementation of the Bayside Tourism Strategy (2013). The primary objective of the BTN is to develop and promote Bayside as an attractive and desirable destination for tourists (visitors) in order to generate local employment and increased business activity.

This matter is being referred to Council following the expiry of the two year tenure period of a number of members, resulting in eleven vacancies. The opportunity is also taken to update the Terms of Reference of the BTN.

3. Discussion

3.1 Membership

The membership term for the BTN is two years for each member, with terms staggered to commence on alternate years to ensure continuity of membership. At present due to tenure expiration and resignations there are eleven positions available.

The current membership of the BTN is as follows:

Mr Jason Douglas (re-nominating)

Mr Sebastian Fontanarossa

Ms Jessica Derham

Mr David Elias (re-nominating)

Ms Maureen Griffiths (re-nominating)

Ms Caroline Hartley (retiring)

Mr Stephen Le Page (re-nominating)

Ms Michele Waddington (re-nominating)

Ms Penny Irons (retiring)

Mr Kel Costello

Mr Michael Lee (re-nominating)

Mr Corey Gorander (retiring)

Ms Jo Taylor (retiring)

Mrs Alexandra Eastgate (retiring after sabbatical)

Karen Sedgwick (renominating after temporary one year tenure position)

Debbie Tizi

Of the eleven positions available, seven existing members have renominated for a further two year term. Given their past contributions and ongoing commitment, the seven existing members who have renominated for an additional two year term are all recommended for reappointment. Members who have renominated are:

Mr Jason Douglas

Mr David Elias

Ms Maureen Griffiths

Mr Stephen Le Page

Ms Michele Waddington

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Mr Michael Lee

Ms Karen Sedgwick.

Members who have retired are as follows:

Alexandra Eastgate

Caroline Hartley

Corey Gorander

Penny Irons

Jo Taylor.

3.2 Expression of Interest process

An expression of interest to fill the four vacancies was advertised in the Bayside Leader in August 2015, with two expressions of interest being received. Applicants were interviewed to assess their applications against the requirements of the membership role. The applicants are:

Mr Jimmy Javni: Mr Javni owns a business in Hampton Street. He is also employed as a State Field Sales Manager for a multinational beverage company and has extensive experience in the sales/hospitality and tourism industry. He is particularly interested in activating Council’s shopping centres with unique events and has extensive experience working with the Central Geelong Committee Management Board, which focused on promoting the Geelong Central Business District.

Ms Emma McGuinness: Ms McGuinness has qualifications in Marketing and Tourism. With nine years of marketing and events planning and delivery experience, she considers that she can contribute to developing the events that are delivered within Bayside, as well as contributing to the future strategic and tactical marketing of Bayside within the tourism sector.

Both candidates would bring significant experience, skills and volunteer capacity to the BTN. With the appointment of these two candidates there are two vacant positions remaining. The two vacant positions are considered not to significantly impact the effectiveness provided by the BTN with its support of Council’s tourism objectives.

3.3 Terms of Reference

The Bayside Tourism Network is governed by a Terms of Reference. At its Annual General Meeting of 5 November 2014, Council appointed Mayor Councillor Felicity Frederico and Councillor Michael Heffernan to the BTN, with Mayor Frederico nominated as chair.

The previous Terms of Reference stated that the group must have 15 members. This is recommended to be changed to ‘up to 15 members’ which allows for variations in membership levels.

Under the revised terms of reference, the BTN can now comprise up to fifteen local tourism representatives and two Councillors with one to chair the Network with relevant Council Officers to support the network. Meetings are generally held bi-monthly, while the BTN’s five sub-groups meet more frequently depending on projects being explored and developed.

With the appointment of two new members, membership will be brought up to 13 members, which is considered sufficient for the meetings to make a significant contribution to Tourism within Bayside.

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4. Implications

4.1. Policy

To date, the BTN has been successful, generously making available to Council a significant volunteer capacity and considerable tourism industry knowledge. The BTN plays an important role in assisting Council in delivering the Tourism Strategy 2013.The past and present membership of the BTN has been an excellent model in developing community connections. It has also resulted in a significant volunteer contribution to the local community.

Bayside City Council Plan 2013 – 2017 (2014 Review)

The BTN is also active in supporting the Council Plan 2013 – 2017 (2014 Review) Strategy 6.1.3 – ‘Promoting our shopping areas, strong business precincts and local tourism features’.

Tourism Strategy (2013)

Section 4.4 of the Tourism Strategy (2013) identifies the crucial role that the BTN plays in assisting Council with ‘the provision of a robust and creative sounding board on the development and implementation of tourism priorities.’




The support of the BTN is provided within existing operating budgets and work plans.


Bayside’s natural features are a significant tourism and visitor drawcard. The sensitive development of tourism products that promote them can add to increased visitor numbers and positively impact the local economy.

4.5. Social impacts

The past and present membership of the BTN has been an effective model in developing community connections. It has also resulted in a significant volunteer contribution to the local community.


A successful expression of interest process was undertaken, with two expressions of interest being received. Applicants were interviewed to assess their applications against the requirements of the membership role.

6. Summary

Seven members whose terms have expired have renominated and are recommended for reappointment. Four full time vacancies in the Bayside Tourism Network have arisen from recent membership retirements. Two expressions of interest were received as a result of advertising and it is recommended that Ms Emma McGuinness and Mr Jimmy Javni be appointed to the BTN for the full two year term. A revised Terms of Reference has been completed to provide flexibility in the levels of BTN membership.

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Recommendation

That Council:

1. reappoints to the Bayside Tourism Network the following renominating members, each for a full two year term:

Mr Jason Douglas

Mr David Elias

Ms Maureen Griffiths

Mr Stephen Le Page

Ms Michele Waddington

Mr Michael Lee

Ms Karen Sedgwick;

2. appoints Ms Emma McGuinness and Mr Jimmy Javni to the Bayside Tourism Network for a full two year tenure;

3. thanks Ms Alexandra Eastgate, Mr Corey Gorander, Ms Jo Taylor and Ms Penny Irons who are retiring, for their contribution to the Bayside Tourism Network; and

4. adopts the updated Terms of Reference dated September 2015 as attached.

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Attachment 1

TERMS OF REFERENCE

BAYSIDE TOURISM NETWORK

September 2015

Introduction

The Bayside Tourism Network (BTN) is an advisory forum established by Bayside City Council in 2000 to facilitate the development of the tourism industry in Bayside.

The BTN actively assists with the implementation of the Bayside Tourism Strategy, advancing the development of local tourism in general, and advising on the implementation of associated projects and activities.

The primary objective of the group is to develop and promote Bayside as an attractive and desirable destination for tourists (visitors) and the friends and relatives of the local residents. The promotion of tourism is undertaken in order to generate employment, business and community benefits whilst protecting the essential assets of the area – including the culture, character, environment and services of the municipality.

The BTN comprises up to fifteen members, one Councillor and Council Officers. Meetings are usually on a quarterly basis but may be more frequent depending on the tourism projects being undertaken. The membership term of the network is two years. It is expected that members will actively participate in the delivery of BTN projects throughout their term.

Purpose

The role of the network includes:

1. To provide advice and feedback to Council on current and emerging trends and issues affecting tourism in Bayside.

2. To advise and assist Council with respect to implementation of the Bayside Tourism Strategy 2013 - 2018.

3. To assist in the development of innovative tourism initiatives, including promotion and marketing initiatives, to help promote and advance the interests of tourism in Bayside.

4. To provide an opportunity for networking and information sharing between key stakeholders in the Bayside tourism industry.

5. To act as ambassadors for Bayside’s tourism sector to promote Bayside at local events and industry expos.

The BTN will liaise with Council and other bodies to monitor and guide the implementation of the Tourism Strategy, as well as assist with its implementation and the investigation of industry best practices.

The BTN will promote partnerships between corporate, public and private sectors. Members will apply their professional expertise to work with Council staff and Councillors to achieve the outcomes identified in the Tourism Strategy. The BTN will continue to build relationships with other tourist industry groups, especially Destination Melbourne, the Victorian Tourism Industry Council and Tourism Victoria.

The BTN will assist with the preparation and development of marketing strategies and promotional campaigns, make recommendations, and advise Bayside City Council on innovative actions to promote and develop the local tourism sector.

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Network Structure

The BTN is to comprise:

Two Councillors nominated by Council with one nominated to hold position of chair.

Up to fifteen members from local business, tourism-related organisations or residents with

professional experience in the promotion of local tourism.

Two Council staff members (Coordinator Economic Development and Economic

Development Officer).

Membership terms will be for two years.

Half the membership terms will be staggered to ensure continuity within the network.

In the event that a member resigns or departs the network with more than 12 months

remaining in their term, a replacement member will be recommended to Council for

appointment to see out the remainder of the term.

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10.6 Local Government (General) Regulations 2015


File No: COR1234


To advise Council of the proposed Local Government (General) Regulations Exposure Draft and Regulatory Impact Statement, and seek Council’s endorsement to make a submission on the Regulatory Impact Statement.

2. Background

The current Local Government (General) Regulations 2004 were made in 26 October 2004 and they were scheduled to expire after ten tears of operation, in October 2014, however the operation of the 2004 Regulations were extended for a further 12 months to October 2015.

The Department of Environment, Land, Water and Planning (DELWP) are currently reviewing the 2004 Regulations and have prepared a draft Local Government (General) Regulations 2015 to replace them.

3. Discussion

The principal changes between the 2004 Regulations and the proposed 2015 Regulations are as follows:

Removal of the requirement for property vendors to lodge Notices of Disposition;

Inclusion of information in notices of rates and charges about the type/class of a property for differential rating purposes, plus details about how a person may obtain information about the Council’s differential rating as well as a person’s right to apply for a review;

A reduction in the documents to be made available for inspection, given some information is now a requirement to be published in Council’s Annual Report;

A change in the application fee for a Land Information Certificate and providing annual indexing by tying it to fee units in the Monetary Units Act 2004; and

Amendments to prescribe additional information to be included in the Notice of Acquisition to include the residential address of non-resident owners (to assist the Council in preparing the voters’ roll).

The DELWP are seeking submissions from the local government sector on the proposed draft Regulations, and submissions close on 25 September 2015. Following the consideration of submissions and subject to any amendments, the proposed Regulations will commence operation on 25 October 2015.

A summary of the proposed Regulations together with a commentary and Bayside’s comments is contained in Attachment 1 to this report.

4. Implications

4.1. Policy



The proposed draft Local Government (General) Regulations 2015 will replace the existing Local Government (General) Regulations 2004 once gazetted. The proposed draft Regulations make minor administrative changes to process and are generally supported.

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The proposed increase to the application fee applicable for a Land Information certificate has not been indexed for many years and therefore does not truly reflect the current costs. The proposed increase will assist in off-setting future cost increases.


There are no environmental impacts associated with this this report

4.5. Social impacts



DEWLP released the draft Regulations for public consultation on 27 August 2015, and they are seeking comments by 25 September 2015.

6. Summary

It is proposed that Council make a submission to the proposed Draft Local Government (General) Regulations 2015 based on Attachment 1 to this report.

Recommendation

That Council submits a submission to the Department Environment, Water, Land and Planning on the Regulatory Impact Statement associated with the proposed draft Local Government (General) Regulations 2015 based on Attachment 1 as outlined in the report.

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10.6 Local Government (General) Regulations 2015


File No: COR1234

Clause No.

Proposed Provision Commentary Organisation’s Response

6 Register of interests – primary return

The Act requires the following people to lodge primary returns:

All councillors

Members of council audit committees

Members of special committees unless exempted

All senior officers

All other staff nominated by CEO

The Act requires the following matters to be disclosed:

Bodies in which the person holds office

Bodies in which the person holds a beneficial interest above specified values

Land in the municipality or adjoining municipality that the person owns

Trusts in which the person has a beneficial interest or is trustee

Any other substantial interests that may raise a material conflict of interest

No substantive changes are proposed to be made.

The objective is to ensure appropriate transparency about the relevant private interests of people who make decisions as the council or on behalf of the council.

As the Act specifies who has to lodge returns, what matters must be disclosed and when returns must be lodged, this particular regulation is machinery in nature. Any substantive changes should be considered in the review of the LGA.

Minor changes have been made to the form of the return. These are consequential or administrative only.

As the substantive requirements of the return are imposed by the Local Government Act, they are not analysed in the RIS. The minor administrative changes to the form of the return are reasonable and should be supported.

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7 Register of interests – ordinary return

The Act requires the following people to lodge ordinary returns:

All councillors

Members of council audit committees

Members of special committees unless exempted

All senior officers

All other staff nominated by CEO

The Act requires the following matters to be disclosed:

Bodies in which the person holds office

Bodies in which the person holds a beneficial interest above specified values

Land in the municipality or adjoining municipality that the person owns

Trusts in which the person has a beneficial interest or is trustee

Gifts received that are valued above specified thresholds

Any other substantial interests that may raise a material conflict of interest

No substantive changes are proposed to be made.

The objective is to ensure appropriate transparency about the relevant private interests of people who make decisions as the council or on behalf of the council.

As the Act specifies who has to lodge returns, what matters must be disclosed and when returns must be lodged.

This particular regulation is machinery in nature. Any substantive changes should be considered in the review of the LGA.

As the substantive requirements of the return are imposed by the Act, they are not analysed in the RIS. The minor administrative changes to the form of the return are reasonable and should be supported.

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8 Inspection of register of interests

Any member of the public may inspect the register of interests if they have made a written application. The Act requires CEOs to keep records of the names of people who have inspected the register. A person who has lodged a return can inspect the list of people who have viewed their returns.

The form requires a person wanting to inspect the register to disclose:

Their name

Their address

The name of the person whose returns they wish to inspect

The form will be essentially the same as in the 2004 Regulations.

The form is essentially the same as in the 2004 regulations (minor layout changes only).

The application is made to the CEO to inspect the register. S81(10) of the LGA envisages that the CEO allows the person to inspect the register on the basis that the application meets the requirements of the regulations. There is no provision on the form providing for the CEO to attest sighting of the application or to confirm that the application meets the requirements of the regulations prior to allowing the person to inspect the register. It is considered that the form should be amended to address this.

It is considered that the form should be amended to provide for the CEO to approve the application.

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9 Indirect interest because of conflicting duties

It is proposed that exemptions will apply to conflicts of interest for councillors when their interests only arise from a separate duty as:

Council representative on a waste management body

A member of the governing body of the Country Fire Authority

A member of the governing body of a referral authority in relation to a planning permit referral

These exemptions are in addition to any other exemptions set out in the LGA.

A conflict of interest arises when a person has a personal or other interest in a matter in which they have a public duty. The Act describes several types of private interests that give rise to a conflict of interest, including direct interests, indirect financial interests, close associations, gifts and being an interested party. One type of conflict where the Act provides for the regulations to specify exemptions is a “conflicting duty”. A conflicting duty arises where a person has a separate duty to another person or organisation that may conflict or overlap with their duty to the council. The Act includes a number of standard exemptions to the conflicting duty rule. The Act also provides for the regulations to specify additional exemptions.

The RIS provides a detailed analysis of the potential benefits and risks of persons with conflicting duties participating in decision making by providing for further exemptions.

The objective is to ensure that councillors are not excluded from council decisions because of public duties that involve no significant risk of conflict with their council responsibilities.

The RIS assesses the benefits and risk associated with council representatives on waste management bodies, the Country Fire Authority and referral authorities.

The regulation reflects the conclusion of the analysis that there are substantial benefits in councillors participating in the decision-making.

It is considered that the RIS provides sound and persuasive reasons for the exemptions. The regulation should be supported.

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10 Notice of rates and charges

The Act provides that a council must levy a rate or charge by sending a notice to the ratepayer.

The proposal substantially remakes the provisions from the 2004 Regulations and requires a notice of rates and charges to include specific information about:

The basis on which the rate or charge is levied, including information on the classification of land for differential rating, if relevant

Rights to object against the rate or charge or against the basis on which it was charged (including differential rates)

The RIS identifies the objective as being to ensure that ratepayers have sufficient information about their rights regarding the council rates and charges they are required to pay.

The RIS considers the option of modifying the existing requirements by requiring notices to direct ratepayers to the council’s website to access information about objection rights. The existing arrangement is considered the best from the perspective of informing ratepayers.

The RIS indicates that the 2015 Regulations include updated provisions to reflect the current requirements of the Act, particularly in regard to differential rates. The Act now requires councils to publish detailed information for ratepayers about the basis of any differential rates it levies.

As this regulation substantially remakes the 2004 Regulations and further reflects the requirements of the LGA regarding differential rates, it is considered to be reasonable and should be supported.

11 Exemption from restriction on power to enter into contracts

The 2004 Regulations specify that legal services are exempt from the requirement to undertake a competitive process for contracts in excess of $150 000.

The proposed regulation provides for a continuing exemption for legal services from section 186 of the LGA.

The RIS discusses the circumstances in which councils may exceed the tender threshold for legal services. It also acknowledges the various ways that councils manage their legal costs to contain expenditure. The RIS concludes that given the range of probity measures and the infrequent incidence of legal service contracts exceeding the specified threshold, the scope for probity risks associated with the exemption is low.

As elections services are proposed to be dealt with in the Local Government (Improving Governance) Bill, there is no requirement to deal with this matter in these regulations.

As the proposed regulation remakes the existing regulation and is commercially and operationally effective, it should be supported.

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12 Documents to be made available for public inspection

The 2004 Regulations prescribed a large number of matters to be included in the public registers. The RIS questions whether this is necessary given the extensive changes made to local government legislation over the period since 1990 and given the developments in the way information is communicated.

It is proposed through the draft regulations that Council must make the following documents available for inspection at the council office unless the information is published on the council’s internet site:

Agendas and minutes of council meetings

Minutes of special committee meetings

The register of delegations

The register of authorised officers

Details of overseas travel by councillors and officers

Details of council donations and grants

Details of leases over council land

The RIS identifies the objective as being to ensure information essential for a council’s public accountability is available to the public.

The 2004 Regulations require the Register to contain:

Details of mayoral and councillor allowances

Total annual remuneration for all senior officers

Details of overseas or interstate travel

Names of officers who were required to submit a return of interest

Names of councillors who submitted returns of interest

Agendas and minutes of ordinary and special meetings

A list of all special committees

A list of special committees that were abolished

Minutes of meetings of special committees

A register of delegations

Submissions received in accordance with section 223 of the Act

Agreements to establish regional libraries

Details of all property, finance and operating leases

A register of authorised officers

A list of donations and grants

Details of organisational memberships

A list of contracts valued at $100 000 or more entered into without a competitive process

The RIS also mentions the significant amount of other information required to be made available by councils pursuant to other legislative requirements.

The RIS states that “it became apparent that the reliance on a physical register as a means of making information available may no longer be appropriate when much information is communicated more effectively by electronic means.

The assessment in the RIS makes a sound case for removing certain documents prescribed in the 2004 Regulations from the register.

It also makes a sound case for those matters required to be available for public inspection, either in a register or on a Council’s website.

This regulation should be supported.

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The RIS makes the case that a number of the requirements from the 2004 Regulations can be dispensed with because the information is available elsewhere including Council’s website.

13 Land information certificate (LIC)

The 2015 Regulations propose to retain requirements for LICs to include rates and charges information (including for the first time, information on environmental upgrade charges under the City of Melbourne Act 2001, and rates in lieu paid to the council by an electricity generation company under the Electricity Industry Act 2000) but that the previous requirements for flood level information should be discontinued because it is available in other ways.

When land is to be sold, some debts owed to governments transfer to the new owner with the land. To provide transparency about these monies, the Act requires a council to provide a land information certificate (LIC) to a person who requests one.

The 2004 Regulations require an LIC to contain information about rates and charges and about debts owed to the council in respect of the land, including:

Information about the land valuations on which the rates and charges are calculated

If the land is currently not rateable, whether it is potentially liable to become rated

Details of rates and charges levied on the land and whether the rates and charges have been paid

The amount of any rates and charges owed to the council that are in arrears

The amount of any money owed to council for works on the land

The amount of any money owed to the council as interest on unpaid debts

The 2004 Regulations also require an LIC to include information about the flood level specified by the council for that land.

LICs provide essential information for any purchaser and also protect the financial interests of councils at settlement.

It is considered that the provisions of the LIC provide essential information to purchasers of land and serve to protect council’s financial interests at time of settlement.

The arguments in the RIS for removing the requirement to provide flood level information are reasonable.

Specific reference to the environmental upgrade charge and payment in lieu for municipal rates by an electricity generation company serve to avoid any oversight. It is considered that the proposed regulation should be supported.

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The RIS contends that flood level information is generally available as inundation overlays to planning schemes, is available on request under the Building Regulations 2006 and must be included in the vendor’s statement under section 32 of the Sale of Land Act 1962 (the name of any planning overlay including any inundation overlays).

The RIS maintains that the environmental upgrade charge and the payment in lieu for an electricity generation company are implicit in the wording of the 2004 Regulations and are now specified for the purpose of clarity.

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14 Fee (Land information certificate) (LIC)

The LGA provides that an application for an LIC must be accompanied by the prescribed fee. Under the 2004 Regulations the prescribed fee was set at $20. The new regulations propose that the fee for a land information certificate be specified to be 1.82 fee units. This equates to $24.71 in 2015-16.

The RIS states that “the purpose of a land information certificate is to assist people involved in a property transaction. It is not intended to serve a significant public benefit. It is therefore appropriate that the full cost recovery principles should apply and that a person applying for a certificate should pay a fee that covers the council’s costs.”

The RIS canvases various options and criteria for specifying a fee. These options are to:

Retain the existing fixed fee ($20)

Specify a new fixed fee

Specify a fee in fee units (indexed annually)

Specify multiple fees (for metro and non-metro)

Allowing councils to set their own fees

The analysis concludes that after assessing the options on criteria of equity, user complexity and administrative complexity, that the preferable option is specifying a fee in fee units (this is tied to the State Government’s annual review of the fee unit under the Monetary Units Act 2004). In relation to the option of councils setting their own fees, the analysis rates this poorly on the criteria of user complexity and administrative complexity.

It is considered that the cost and maintenance of computer systems and maintenance of the system records should also be factored into the costs, rather than dismissed out of hand.

It is considered that the analysis of the options and criteria for setting a fee is sound and reasonable. Therefore the notion of specifying a fee in fee units is supported.

However, given no indexing was provided for in previous years it is suggested that the fee be immediately increased to 4 monetary units ie: $54.40 and indexed thereafter.

.

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15 Notice of acquisition

The proposed regulation will require a person acquiring land to lodge an acquisition notice with the CEO of the relevant council. The existing requirement for sellers to lodge disposition notices will be discontinued. Acquisition notices will include up to date property codes and introduce requirements for information on the purchaser’s place of residence as well as details of the vendor’s legal practitioner or agent. The new requirements for acquisition notices will commence on 1 January 2016.

Councils need information about property ownership in their municipalities. The LGA provides for “prescribed persons” to lodge notices of disposition and acquisition with the council when property ownership is transferred.

The objective is to ensure that councils have access to reliable information about land sales and about the owners of land in their municipality.

After analysing various options, the RIS concluded that “Regulating for both notices can be expected to provide slightly more comprehensive information about the land sale and more reliable information about the previous owner. However it also imposes the highest burden on the parties to the transfer as both have to lodge forms with the council. On balance, the additional burden imposed by requiring both parties to a land sale to provide the same information to the council is not warranted as the potential for obtaining more reliable information through the duplicated process is slight.”

It is proposed to support the proposed regulation to discontinue the Notice if Disposition. However to assist Council’s in updating their database it is preferable that provision of a salutation box be included in the form.

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10.7 Strategic Service Review - Family and Childrens Services

Community Services - Policy & Planning



The report presents the outcomes of the Strategic Service Review of Family and Children’s Services and makes recommendations about future service delivery and funding. The service review report is at attachment 1.

2. Background

A review of Council’s Family and Children’s service has been conducted as part of a program of strategic reviews to ensure services are relevant, are financially sustainable and are delivered efficiently and effectively, providing an appropriate level of public value.

Council provides a range of family and children’s services. Some of these are specifically required by legislation or are fundamental to Council’s functions under the Local Government Act. These include the Maternal and Child Health universal service, immunisation, planning and advocating for service needs, and ensuring that infrastructure and facilities are available.

A range of other discretionary programs and activities are provided that have been developed over time in response to community needs. In some cases these are now available from other organisations. These include vacation care and hire of child restraints for use in cars.

The review has examined all aspects of current services.

3. Discussion

Findings

Most of the current components of the service were found to be relevant to community needs and to be operating efficiently and effectively. Minor improvements in efficiency and customer service that can be implemented operationally are identified throughout the report at attachment 1.

Recommendations requiring consideration by Council have been made in relation to funding shortfalls and services that are no longer meeting community needs or are not financially sustainable, particularly those for which other providers are available.

Purpose and principles

A statement of purpose and principles has been developed to provide guidance for the service mix to be provided by Council directly, having regard to the opportunities and capacity of other organisations and other levels of government to meet community needs.

Maternal and Child Health (MCH) funding shortfalls and service levels

The state government has traditionally funded 50 per cent of the universal maternal and child health service with Council contributing the remaining 50 per cent. Government funding has not kept pace with real costs and currently Council funds 66.6 percent of the costs of the service. The Municipal Association of Victoria (MAV) and the State Government have commenced discussion over funding levels to inform the 2016/17 State budget, and Council support for this process is recommended.

The enhanced maternal and child health service provides intensive support for vulnerable children and families, including short term case management and coordination with other services. Research shows that investment in early childhood development is critically important for vulnerable children and makes a significant difference to health, education, employment and other outcomes throughout life.

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When the enhanced maternal and child health service commenced in 2000, it was 100 percent fully funded by the State. Government funding is allocated using a formula based on socioeconomic disadvantage. Bayside is currently funded for 30 families to receive the enhanced service, but provides services to 84 families, based on assessed needs. Council contributed $130,041 to the service in 2014/15 which was 75.9% of the total cost.

The review has recommended that Council advocate to the state government for increased funding for the service, recognising the real needs of vulnerable children in the Bayside community and the long term benefits from early years investment.

Currently the service is provided based on an assessment made by nurses within the service of risk factors, needs and other supports available. The review has recommended that the level and extent of any Council investment in this program should be determined by Council as it involves a cost shift from the State. Two options are therefore included in the report for service levels and Council contribution.

Option 1: no contribution, service capped at the level funded by state government (currently 30 families) from 2016/17

This option would see the withdrawal of the enhanced service from more than 50 vulnerable families and would involve a cost saving of around $136,000 in 2016/17 rising to around $191,000 in 2024/25.

Option 2: uncapped contribution, with service provided on a needs basis, subject to an assessment of risks and access to other support and services.

This option reflects the status quo. It would see services provided to all those who are assessed as needing the service. The costs are expected to be in line with current budgeted and forecast expenditure of $136,000 in 2016/17 rising to $191,000 in 2024/25 but could vary if the number of families needing the service changes. This option is recommended, in conjunction with advocacy for increased State government funding.

Vacation Care

Participation rates in the vacation care program have been falling from 83.4 per cent of capacity in 2012/13 to 62.25 per cent in 2014/15. This has impacted significantly on the net cost to Council, which has risen from $58,495 in 2012/13 to $154,545 in 2014/15, as the income from user fees has declined and costs have increased.

As several alternative providers of school holiday programs now exist, it is recommended that Council withdraws from the provision of vacation care in Hampton at the end of the summer program in January 2016, and withdraws from the provision of vacation care in Black Rock at the end of the Easter program in April 2016.

In doing so it will be appropriate for Council to liaise with alternative providers of vacation care about their capacity to accommodate demand and deliver quality services, particularly for vulnerable families and children with additional needs, and work with families to facilitate transition into suitable alternative programs.

Facilities and service coordination

The review examined buildings owned by Council and used for early years services including both Council and community managed services. The assessment considered service needs, taking into account the evidence, backed by government policy, which supports service coordination through integrated children’s centres.

The recommended approach is one of selective renewal, taking opportunities to collocate or integrate compatible early years services where possible. It is further recommended that individual services in local areas be encouraged to work together to achieve more coordinated and collaborative approaches to service delivery. A kindergarten facility improvement plan will be developed for consultation with the community in order to ensure that Bayside kindergartens meet the needs of our children into the future.

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Minor programs

The review has concluded the following in relation to several minor programs:

The home cleaning service for new parents is no longer used, as more cost effective options are available for families.

There is minimal utilisation of the baby capsule hire service. A wider range of child restraints is available from commercial operators at a more competitive price. These services are no longer relevant to community needs and their immediate cessation is recommended.

The annual Christmas party is not seen as an effective use of funds as it not integrated with other Council events. It is costly and inefficient to run. It is therefore recommended that activities for children be held during the annual Carols event rather than a separate children’s Christmas party.

4. Implications

4.1. Policy

Family and Children’s Services are guided by Early Years Action Plan that forms part of the Wellbeing for all Ages And Abilities Strategy 2013-2017

The Family and Children’s Service Review will assist Council in achieving the following goals of the Council Plan 2012-17 (2014 review):

Goal 2: “A strong supportive community, particularly strategy 2.1.2, “ensuring our services and facilities are accessible and inclusive and respond to current and emerging needs across life stages”; and

Goal 7: “Financial responsibility and good governance’, particularly strategy 7.1.4, “ensuring that Council is delivering the most effective mix of services in the most efficient way possible.


While all of Council’s family and children’s services were reviewed, only some are subject to specific legal or statutory requirements.

Council is required under the Public Health and Wellbeing Act 2008 to coordinate and provide immunisation services to children living or being educated in the municipal district.

Other programs are supported by the general functions of Councils outlined in section 24 of the Public Health and Wellbeing Act 2008 and by council’s functions under Section 3E of the Local Government Act 1989.


The budget for the Family and Children’s services covered by this review in 2015/16 is $1.63 million. Savings associated with the service review will be achieved if Council withdraws from vacation care and the minor programs: home cleaning and baby capsule hire. Further savings would be achieved if council withdraws its contribution from the enhanced maternal and child health service. Full year savings in 2016/17 under these scenarios are:

Service change 2016/17 potential savings

Withdrawal from vacation care and minor programs $164,421

Withdraw Council contribution from enhanced MCH $136,655

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Against ongoing savings, Council would need to factor into the 2016/17 year some costs associated with ceasing to provide the services.


Not applicable to this report

4.5. Social impacts

Investment in early childhood development has been shown to have major long term economic and social benefits for individual children and the whole community


The service review has drawn on the extensive consultation conducted as part of the development of the Wellbeing for all Ages and Abilities Strategy and the Early Years Action Plan and ongoing engagement through the Family and Children Network and the Kindergarten Network. A communication strategy will be developed to inform stakeholders of Council’s decisions arising from the review. Providers of vacation care and families accessing the council vacation care service will be consulted to develop a transition plan.

6. Summary

A strategic service review has been conducted in relation to Council’s Family and Children’s services. The review has found that most parts of the service are operating efficiently and effectively and are meeting community needs.

There are funding shortfalls through cost shifting by the state government that need to be addressed in relation to the maternal and child health service.

Some programs, including vacation care for primary school aged children are now available from alternative providers. Where this is the case, Council’s services can be discontinued without negative impact on the community.

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Recommendation

That Council:

1. notes the Family and Children’s Service Review report and identified improvement

opportunities for operational implementation;

2. supports the MAV in negotiations to secure increased unit funding for the universal Maternal

& Child Health service in the 2016/17 budget to reflect actual costs;

3. continues to explore improvements in the performance of Maternal & Child Health buildings

in supporting the provision of quality services to children and families;

4. advocates for increased funding from the State Government to support the provision of

enhanced Maternal and Child Health services to vulnerable children and families in Bayside,

based on the demonstrated need;

5. determines to continue to provide a financial contribution to supplement State funding in

order to provide a needs based enhanced Maternal and Child health service, subject to

assessment of risks and access to other services. The amount of Council subsidy could vary

above or below the 2014/15 level of $130,041;

6. establishes its intention to cease delivery of vacation care in Hampton at the end of the

summer program in January 2016, and vacation care in Black Rock at the end of the Easter

program in April 2016, subject to consultation regarding appropriate transitional

arrangements;

7. liaises with alternative private and / or not-for-profit providers of vacation care about their

capacity to accommodate demand and deliver quality services, particularly for vulnerable

families and children with additional needs, and works with families to facilitate transition into

suitable alternative programs;

8. develops a ten year improvement plan for kindergartens;

9. runs activities for children during the annual Carols event rather than a separate childrens

Christmas party;

10. withdraws from the Home Cleaning Service from September 2015;

11. withdraws from the Baby Capsule Hire Service by the end of October 2015; and

12. considers the statement of purpose principles identified in the Family and Children’s Services

review as part of the development of the next Early Years Action Plan due in 2017.

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10.8 CON1553 Hurlingham Pavilion Demolition and New Construction

Infrastructure Services - City Works

File No: CON/15/53


The purpose of this report is to recommend the appointment of a contractor to undertake the Hurlingham Pavilion Demolition and New Construction under Contract CON1553.

2. Background

Hurlingham Park is home to three sporting clubs which include the Brighton Union Cricket Club, East Brighton Junior Football and East Brighton Football Clubs. These three Clubs provide access to sporting and recreation opportunities for in excess of 800 people.

This project will provide an integrated multi-purpose sports club pavilion for use by the football and cricket clubs based at Hurlingham Park and the wider community of Bayside.

This contract includes demolition of the existing pavilion and construction of a new facility which will incorporate universal design change rooms, umpire’s room, first aid, canteen/ kitchen, storage areas, office and public toilets, club social rooms and a community meeting area. The pavilion design includes a range of environmental sustainability features including:

Solar electricity;

Water tanks;

Low energy appliances;

LED Lighting; and

Recycling of demolition materials.

3. Tenders Received

The request for tender (RFT) was undertaken in accordance with the Bayside City Council’s Quotation and Tendering Procedure and section 186 of the Local Government Act 1989.

The Victorian Government has approved Council access to a range of State Purchase Contracts including the Construction Supplier Register (CSR) as an arrangement for Section 186 of the Local Government Act. By using the CSR we are able to enter into a selective competitive process with pre-qualified suppliers.

The RFT was released on 22 July 2015 through our e-Tendering portal to the following contractors and submissions were received on 17 August 2015:

1. 2Construct Pty Ltd

2. ADMA Group Pty Ltd

3. Bowden Corporation Pty Ltd

4. Contract Control Services Pty Ltd (did not submit a tender)

5. Ducon Pty Ltd (did not submit a tender)

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4. Selection Criteria

The following criteria (listed in order of importance) were used to evaluate the tenders:

1. Financial benefit: Points are allocated in accordance with the tendered price. The lowest tender is given maximum points and others are given points proportionately.

2. Experience in relevant works: Points are allocated on the basis of the tenderer’s involvement with contracts of a similar nature.

3. Resources: Points are allocated on the basis of the resources committed to complete the works.

4. Project appreciation and methodology: Points are allocated on the basis of the understanding of the project and tenderer’s methodology to manage the scope of works.

5. Quality Assurance: Points are allocated for implementing accredited systems.

6. Occupational Health and Safety (OH&S): This criterion was a pass or fail. Tenderers were required to complete the OH&S questionnaire, provide their OH&S Policy/Procedure and hold the appropriate levels of insurance.

5. Tenders Analysis

The tender process has been conducted in accordance with Council’s adopted Procurement Policy. In accordance with this Policy, all members of the tender evaluation panel have declared that they do not have any conflicts of interest.

The tender evaluation panel carried out the tender analysis using the weighted selection criteria. The result of the analysis can be found in Confidential Attachment 1: CON1553 Tender Evaluation Matrix.

From the initial evaluation ADMA Group Pty Ltd were invited to interview.

ADMA Group commenced operations in 2007 as a commercial building company and have successfully completed contracts of up to $7 million in the education, government and aged care areas, as well as multi residential, medical and service areas. ADMA Group has recently completed the renovations and structural improvements to Sandy Bay HQ Kiosk for Bayside City Council.

At interview ADMA Group demonstrated a good understanding of the project with careful consideration of the site specific risks. They are committed to complete the work within the required timeframe.

As shown in Confidential Attachment 1: CON1553 Tender Evaluation Matrix, the tender evaluation panel concluded that ADMA Group Pty Ltd is capable of delivering a project of this type and is the preferred tenderer based on the overall assessment of value for money.

6. Implications

6.1. Council Plan

This project is consistent with the 2013/17 Council Plan as identified under Strategy 3.2.1: Ensuring community assets and infrastructure meet current and expected needs.

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6.2. Financial

There is $2,690,477 allocated in the 2015/16 Capital Budget for Hurlingham Pavilion.

As the new facility incorporates significant environmental sustainability initiatives and also includes the removal of all asbestos from the existing building as part of the demolition works, some funding will be derived from the corresponding asbestos and environmental sustainability budgets.

The following table summarises the costs for the demolition and construction works:

Contract price (This contract) $2,564,738

Contingencies (4%) $117,988

Project Management costs $77,751

Total Project Cost $2,760,477

2015/16 Hurlingham Pavilion Adopted Budget $2,690,477

Sustainability / ESD Initiatives Budget $40,000

Asbestos Removal Program Budget $30,000

Total Budget $2,760,477

6.3. Service

Completion of this works will improve the services to the community by providing a universal designed integrated multi-purpose sports club pavilion designed to achieve best practice environmental impact for use by the football and cricket clubs based at Hurlingham Park as well as the wider community of Bayside.

7. Implementation/Communication

Together with the contractor, Council will provide further advice prior to commencement of works and will maintain contact with key stakeholders during the construction period. There will be a letter drop conducted by the contractor detailing the upcoming works and management of traffic, dust and noise will be in place to prevent nuisance to general public in the area.

The works will be implemented in accordance with the specifications and relevant statutory requirements.

8. Performance Measurement

Time cost and quality targets will be achieved by monitoring the performance of the contract at regular intervals throughout the construction. OH&S requirements will be regularly checked to establish that they are in accordance with relevant Australian Standards and contract documentation.

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Recommendation

That Council:

1. awards contract CON1553 Hurlingham Pavilion Demolition and Construction to ADMA Group Pty Ltd (ABN: 29 146 031 761) for the lump sum price of $2,564,738.00 exclusive of GST and $2,821,211.80 inclusive of GST;

2. authorises the Chief Executive Officer to sign all necessary documentation related to Contract Number CON1553 Hurlingham Pavilion Demolition and New Construction; and

3. advises the unsuccessful tenderers accordingly.

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10.9 CON1544 Provision of Christmas Decorations in Major Activity Centres (Including Design, Supply, Installation, Removal, Transportation and Storage)


File No: CON/15/44


To consider the tenders received and to award contract CON/15/44 Provision of Christmas Decorations in Major Activity Centres (including the design, supply, installation, removal, transportation and storage) for a period of one year with the option to renew for years two and three.

2. Background

Council at its Ordinary meeting of 28 April 2015 resolved that it:

1. adopts Option 3A as presented in this report;

2. resolves to make a budget allocation of $200,000 as part of the 2015/16 budget to enable a procurement process to commence; and

3. undertakes complementary Christmas initiatives to promote trader and community participation in Council’s Christmas Decorations Program.

To inform the options outlined in the report, a Review of the 2014 Christmas Decorations initiative was also submitted for Council consideration. The Review found that the approach to the 2015 program needed to meet the criteria of high quality items and to have a strong visual impact.

In applying the criteria the following factors also required consideration:

• Limited Council infrastructure exists within Major Activity Centres (MACs) and Large Neighbourhood Activity Centres (LNACs) to support the display of Christmas decorations;

• If decorations are to be installed in the public realm, Council must take active responsibility and ownership as significant issues arise in terms of Occupational Health and Safety and public risk, liability and safety;

• An incremental three year approach, with decorations building and spreading progressively as originally envisaged in the 2014 program does not meet community expectations. Each year of installation will need to be stand-alone and must have full visual impact when first installed; and

• A targeted stakeholder engagement program is needed to ensure participation and the effective implementation of the Christmas Decorations Program. The report confirmed Council’s approach to the installation of Christmas decorations as a three year program with the intent of building the visual impact across the nine activity centres while spreading the cost over the three year period.

Consistent with the criteria and the available budget, Council adopted Option 3A, which proposed the decoration of the Black Rock Clock Tower (BRCT) and the installation of Christmas decorations in high profile locations in the Major Activity Centres:

Black Rock Clock Tower

Sandringham Village, Sandringham

Hampton Street, Hampton

Church Street, Brighton

Bay Street, Brighton

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The Christmas Decorations proposed for the four MACs are as follows:

Location Decoration Type

Sandringham Village 1 X 6 metre Tree and 11 light poles - 600mm wreath

Hampton Street 3 X 4 metre Trees and 6 Banners (existing poles)

Church Street 1 X 6 metre Tree and 43 light poles – 900mm wreath,

Bay Street 1 X 6 metre Tree and 2 x 4 metre Trees

Details of proposed locations and photo representations of the decorations in-situ can be seen in Attachment 1.

Three sites for Christmas trees were identified in the Bay Street, Brighton Activity Centre. However, businesses adjoining two of the proposed sites have since declined Council’s approach to place trees adjacent to their properties. The remaining site in the forecourt of the Coles supermarket at 380 Bay Street is to proceed with the placement of the 6 metre Christmas tree. Given its scale, colour and lighting the tree is expected to have a significant visual impact.

Due to its narrow footpaths few alternative sites exist in Bay Street for the placement of the proposed 4 metre trees and an investigation was undertaken for alternative Christmas decorations. As a result a Request for Quotation (RFQ) has been prepared for the provision of lighting key street trees (the Golden Elms) in Bay Street. The outcome of the RFQ process is expected, to be completed by the end of September 2015.

3. Discussion

Tenders Received The RFT was undertaken in accordance with Council’s Procurement Policy, Procurement Procedures and section 186 of the Local Government Act 1989. A public tender was advertised in The Age newspaper on Saturday 26 June 2014 and closed on Wednesday 25 July 2015. The tender called for responses to two distinct components:

1. The Black Rock Clock Tower; and

2. Decorations for the four MAC’s as outlined above.

Council received two tender submissions as shown below. Further details relating to the tender are summarised in Confidential Attachment 2 and 3: Provision of Christmas Decorations Tender Evaluation Matrix.

For the Black Rock Clock Tower component:

Displaycraft Pty Ltd trading as Chas Clarkson

Xmas-Mil Display Products Pty Ltd

For the four MAC’s:

Displaycraft Pty Ltd trading as Chas Clarkson

Despite the RFT being extensively advertised, eight downloads of the tender documents and enquires, only one submission was received. While no direct feedback has been received, this may be as a result of previous media coverage and supply issues.

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Selection Criteria

The selection criteria consisted of the following weighted criteria:

1. Price – 40%

2. Capacity – 15%

3. Capability – 25%

4. Technical – 20%

Tender Analysis

The tender process has been conducted in accordance with Council's adopted Procurement Policy. In accordance with this policy all members of the tender evaluation panel have declared that they do not have any conflicts of interest.

The tender evaluation panel carried out the tender analysis on each tender submission using the weighted selection criterion. The result of the analysis is attached in the Confidential Attachment 2 and 3: Provision of Christmas Decorations Tender Evaluation Matrix.

Following a detailed tender analysis by the evaluation panel and based on the submissions received the panel has recommended Displaycraft Pty Ltd trading as Chas Clarkson as the preferred tenderer for the BRCT component as well as the supply of Christmas decorations to the four MAC’s. The company has offered a hire arrangement for the Christmas trees and purchase of the 11-600mm and 43 – 900mm wreaths, with the Year 1 costs being $163,926.55 (ex GST) including design, supply, installation, removal, transportation and storage.

Specifically in relation to the BRCT submissions the tender evaluation panel considered that the proposal from Chas Clarkson was superior in design and would have a stronger day time presence.

Chas Clarkson has over 25 years of experience in the installation of Christmas decorations supplying the retail industry and numerous local governments across Australia. The company has a Christmas supply contract with the City of Sydney, which is a demonstration of their ability to deliver large scale contracts and have the essential support infrastructure to undertake works of this magnitude.

Financial viability of the company has been assessed by an independent bureau commissioned by Council which indicates the company is in a strong financial position. Similarly reference checks have been completed indicating the company has a strong history of past performance in the delivery of contracts of a similar nature.

4. Implications

4.1. Policy

The awarding of the tender compliments the strategic objectives of Council namely:

Bayside 2020 Community Plan

Significant support for Council’s leadership in the local economy was identified in the Bayside 2020 Community Plan.

Council Plan 2013 - 2017

The encouragement of increased footfall in activity centres addresses the Council Plan’s Goal Six: ‘A thriving local economy’

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Bayside Economic Development Strategy 2010

The installation of Christmas decorations is also consistent with Council’s 2010 Economic Development Strategy. The installation of Christmas decorations is in particular covered by: “Action item – 5.4.3.3 Implement regular themes and coordinated events at selected activity centres.”


The tendering process has been undertaken in accordance with Council’s Procurement Policy, Procurement Procedures and in accordance with section 186 of the Local Government Act 1989.


The proposed tender price, based on a hire arrangement is $163,926.55 (excluding GST) is within the budget allocation of $200,000 (excluding GST). As requested by the RFT, the company has also submitted prices for supply, installation and storage for years 2 & 3:

2016 - $104,557.27 (ex GST)

2017 - $106,825.45 (ex GST)

At the expiration of the three year period ownership of the decorations would pass to Council. Chas Clarkson has advised that subject to maintenance and appropriate storage the decorations have a predicted life span of up to six to seven years.

The company has also provided an outright purchase option:

Comparison table

Option Tree Hire (as tendered)

Tree Purchase

2015 $163,926 $202,851

2016 $104,557 $94,966

2017 $106,825 $97,816

Total $375,309 $395,634

*Note – Wreath are to be purchased as part of RFT proposal.

It is proposed that the three year hire option is more advantageous as it provides a saving in 2015 from an initial additional outlay of $38,925 and provides an overall saving of $20,325 over the three year period. Apart from the saving a number of additional benefits also occur:

For the purposes of pricing and budgeting certainty is provided and forward planning can be undertaken for 2016 and 2017.

Certainty is provided to the supplier and installation and dismantle dates can be locked in for 2016 and 2017.

Council can focus on the range of complementary events to enhance Council Christmas program.

It would be advantageous to undertake the full three year option as Council would then own the decorations and achieve a cost saving. Should Council not proceed in years two and three Council will retain the material for the Black Rock Clock Tower and the 11, 600mm and 43, 900mm wreaths only.



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4.5. Social impacts

Bayside’s activity centres play an important role in community life. Christmas decorations have the potential to increase footfall to Bayside’s activity centres, particularly during the festive period, contributing to the ongoing viability of the local retail industry.

The festive ambience that Christmas decorations and street activities, such as quality decorations and carollers, bring to an area is one of cheerfulness and celebration.


Where trader association are available representatives have been advised and are supportive of Council’s proposed decorations and locations. A comprehensive communications and engagement plan will be implemented to maximise community and business engagement and participation in the program.

Performance Measurement

Time, cost and delivery targets will be achieved by monitoring the performance of the contract at regular intervals throughout the contract, facilitated by structured contact management meetings. Risk Management and Occupational Health & Safety requirements will be regularly checked to ensure that they are in accordance with contract documentation.

6. Summary

The review of the 2014 decorations program clearly identified that the Bayside community support Christmas decoration however, they need to be of a high quality and have a strong visual impact. The quality submission made by Displaycraft Pty Ltd would substantially meet these criteria.

Recommendation

That Council:

1. awards Contract No:15/44 to Displaycraft Pty Ltd trading as Chas Clarkson (ABN: 91 668 478 292) for the Provision of Christmas decorations in activity centres (including design, supply, installation, removal, transportation and storage) for a period of one year for a lump sum price of $163,926.55 (excluding GST) with options to extend the contract for year two for a fixed price of $104,557.27 (excluding GST) and year three for a fixed price of $106,825.45 (excluding GST) subject to satisfactory performance by the contractor;

2. authorises the Chief Executive Officer to sign all necessary contract documentation relating to the awarding of Contract No:15/44; and

3. advises the unsuccessful tenderer accordingly.

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10.10 CON1555 Boss James, Peterson East and West and Simpson Reserve Sportsground Lighting

Infrastructure Services - City Works

File No: CON/15/55


The purpose of this report is to recommend the appointment of a contractor to renew and upgrade the Sportsground Lighting at Boss James, Peterson East and West and Simpson Reserve under the Contract CON1555.

2. Background

The three sportsground lighting projects at Boss James, Peterson East and West and Simpson Reserve are part of the 2015/16 Capital Budget and involve renewal and upgrading of existing infrastructure with new lighting poles, fittings and associated works at the three sites. To obtain best value for money, the works at the three sites have been combined into one contract.

As all three locations are zoned Public Park and Recreation Zone (PPRZ) Purpose in the Planning Scheme and the works are being undertaken on behalf of Council, no Planning Permit is required for the work.

Key stakeholders including tenant clubs and local residents have been consulted during the planning of these projects. Consultation included a resident information mail out followed by an on-site information session open to all interested residents. On-site meetings have been conducted with tenant sports clubs. No objections to the proposed lighting projects have been received from residents surrounding each reserve and the project is strongly supported by tenant sporting clubs.

3. Tenders Received

The request for tender was undertaken in accordance with the Bayside City Council’s Quotation and Tendering Procedure and section 186 of the Local Government Act 1989.

A public tender was advertised in The Age and released through TenderSearch on Saturday 16 May 2015. Tenders closed Wednesday 10 June 2015 with the following submissions:

• Cabled Pty Ltd

• Commlec Services Pty Ltd

• Connell Design and Construction Pty Ltd

• Eastern Data & Electrical Pty Ltd

• Electropulse Projects Pty Ltd

• JMB Electrical Services Aust Pty Ltd

• Elec-Trix Contractors Pty Ltd (trading as Laser Electrical Narre Warren North)

• McKechnie & Gillespie Pty Ltd (trading as M&G Electrical & Communications)

• IPower VIC Pty Ltd (trading as Power Street Electrics)

• Sonec Services Pty Ltd (trading as Ultralec Electrical Services)

• Wallagates Pty Ltd (trading as Wallgates Electrical Services)

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4. Selection Criteria

The following criteria (listed in order of importance) were used to evaluate the tenders:

1. Financial benefit: Points are allocated in accordance with the tendered price. The lowest tender is given maximum points and others are given points proportionately.

2. Experience in relevant works: Points are allocated on the basis of the tenderer’s involvement with contracts of a similar nature.

3. Project appreciation and methodology: Points are allocated on the basis of the understanding of the project and tenderer’s methodology to manage the scope of works.

4. Resources: Points are allocated on the basis of the resources committed to complete the works.

5. Quality Assurance: Points are allocated for implementing accredited systems.

6. Occupational Health and Safety (OH&S): This criterion was a pass or fail. Tenderers were required to complete the OH&S questionnaire, provide their OH&S Policy/Procedure and hold the appropriate levels of insurance.

5. Tenders Analysis

The tender process has been conducted in accordance with Council’s adopted Procurement Policy. In accordance with this Policy, all members of the tender evaluation panel have declared that they do not have any conflicts of interest.

The tender evaluation panel carried out the tender analysis using the weighted selection criteria. The result of the analysis can be found in Confidential Attachment 1: CON1555 Tender Evaluation Matrix.

Based on the outcome of the initial analysis, Sonec Services Pty Ltd trading as Ultralec Electrical Services (Ultralec) was shortlisted and invited for interview.

At interview Ultralec was able to demonstrate a sound understanding of the scope of works and had considered the key issues associated with the project. Reference checks were also conducted on Ultralec and the result was positive.

Ultralec has been in business for 16 years specialising in sportsground lighting and electrical works. They have satisfactorily completed projects of a similar nature for a number of councils, including Princes Park for Melbourne City Council, Connor Reserve for Darebin, Fairbairn for Moonee Valley and Sportsground Lighting at Banksia, Shipston and Moorabbin for Bayside City Council.

As shown in Confidential Attachment 1: CON1555 Tender Evaluation Matrix, the tender evaluation panel concluded that Ultralec Electrical Services is capable of delivering this project and is the preferred tenderer based on the overall assessment of value for money.

6. Implications

6.1. Council Plan

This project is consistent with the 2013/17 Council Plan as identified under Strategy 3.2.1: Ensuring community assets and infrastructure meet current and expected needs.

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6.2. Financial

The Capital Works Budget for 2015/16 has an allocation of $619,661 (excluding GST) for these projects. The current tendered price for these lighting projects is within the adopted budget allocation. The following table summarises the works:

Contract price (This contract) $471,900

Contingencies (5%) $23,595

Project Management and other miscellaneous costs $27,101

Total Project Cost $522,596

Adopted budget $619,661

The estimated project savings of $97,000 will be available to offset projects where contract prices may exceed the allocated budget.

6.3. Service

Each of these reserves has a sporting club which will be positively impacted by the installation of the proposed works delivering upgraded sportsground lighting achieving the required sporting standards. The sportsgrounds quality also improves due to the whole ground being available for training reducing uneven wear of the surface.

7. Implementation/Communication

The works will be implemented in accordance with the specifications and relevant statutory requirements. Together with the contractor, Council will provide further advice prior to commencement of the work and maintain contact with stakeholders during the construction period as appropriate.

8. Performance Measurement

Time cost and quality targets will be achieved by monitoring the performance of the contract at regular intervals throughout the construction. OH&S requirements will be regularly checked to establish that they are in accordance with relevant Australian Standards and contract documentation.

Recommendation

That Council:

1. awards contract CON1555 Boss James, Peterson East and West and Simpson Reserve Sportsground Lighting to Sonec Services Pty Ltd trading as Ultralec Electrical Services (ABN: 39 069 624 317) for the lump sum price of $471,900 exclusive of GST and $519,090 inclusive of GST;

2. authorises the Chief Executive Officer to sign all necessary documentation related to Contract Number CON1555 Boss James, Peterson East and West and Simpson Reserve Sportsground Lighting; and

3. advises the unsuccessful tenderers accordingly.

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10.11 2014/15 Local Government Performance Reporting Framework Results


File No: COR 1234


To present to Council for noting the attached Local Government Performance Reporting Framework (LGPRF) Indicator results for the 2014/15 financial year and to authorise the Mayor and Chief Executive Officer to sign the Governance and Management Checklist.

2. Background

The Local Government (Planning and Reporting) Regulations 2014 and the Local Government (Performance Reporting and Accountability) Act 2014 amendments became operational on 18 April 2014. The objectives of the new legislated Local Government Performance Reporting Framework (LGPF) are:

Improve service delivery;

Better informed conversations;

Improved confidence; and

Authoritative information

Two reporting trials involving all Victorian Councils were completed during the 2013/14 financial year in preparation for the commencement of mandatory reporting for 2014/15. All 67 indicators (measures) and the 24 Governance and Management checklist items will be published on the newly developed “Know Your Council” website as well as in the Annual Report.

The reporting items are:

10 service areas which includes 49 measures, these specifically relate to the following service areas:

Animal management,

Aquatic facilities

Food safety

Governance

Libraries

Home and Community Care (HACC)

Maternal and Child Health (MCH)

Roads

Statutory Planning

Waste collection

12 Financial Performance measures

6 Sustainable capacity measures

24 items on the Governance and Management checklist.

3. Discussion

Following the results and feedback from the trials, it was evident to Local Government Victoria (LGV) that there were a number of outstanding issues in relation to the cost measures for HACC and MCH. As such LGV decided to implement a transitional year for these indicators allowing time to improve the quality of the data in time for the 2015/16 reporting year.

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In addition the Economic Development indicators were removed from the mandatory part of the framework due to issues with the Australian Business Register (ABR) data. There have also been a number of adjustments to the indicator workbook ranging from the way some measures are calculated through to minor changes to key terms.

Attached to this report is a copy of the Governance and Management Checklist (attachment 1), the 2014/15 Report of Operations Indicators (attachment 2), and the Performance Statement (attachment 3).

Timelines

The following table indicates the timelines for submitting the indicators to the “Know Your Council” website.

4 September Submit draft report to Audit Committee

Submit draft report to LGV for review

7-18 September LGV undertake a quality assurance check of all Council data and provide feedback

22 September Council sign off of report

21-29 September Review LGV feedback and reload file (if required)

30 September Annual report to be submitted to the Minister

October Council grants access to “Know your Council” website to review comparative data to assist with media response

November Website goes live.

“Know your Council” website

The LGV website is currently under development and will go live in November 2015. It will provide the community with access to information about the performance of their council and allow comparisons to be made to other similar councils across Victoria. Each council will have:

A profile page with contact details, elections and councillors, physical descriptions and locations, population and finance summary.

A performance summary page of results for all indicators

A detailed Indicator Report including:

Trend in performance results from one year to the next +/-

A comparison to similar councils and Victoria wide comparisons

A Council narrative / explanation on the result

An indicator Comparison Report allowing a selection of 3 other similar councils results for an individual indicator.

All councils will have access to council generated benchmarking reports which will allow each council to compare any measures against any comparison of councils or all councils in Victoria.

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Internal Control environment

The data collection and reporting has followed a robust internal process to ensure the factual accuracy and integrity of the information. Collecting, managing and reporting on this data is a large and complex project that crosses all divisions and many council departments. As such it has been important to clearly allocate responsibilities for data collection, reporting and sign off of results in each indicator set and service area.

The external auditor, the Victorian Auditor General’s Office (VAGO), has undertaken a detailed audit of the data collection process and the evidence supporting the final results for the 12 LGPRF service performance indicators contained in the Performance Statement.

4. Implications

4.1. Policy



It is a requirement of the LGPRF regulations that the Governance and Management checklist be certified by the Mayor and Chief Executive Officer. The Performance Statement has formed part of the Financial Statements which is the subject of a separate report on this agenda, and requires Council in-principal approval.


As a result of the introduction of the LGPRF additional auditing requirements from the external auditor took place given the implementation of the legislation. The additional auditing cost incurred by the new legislation was approximately $10,000.



4.5. Social impacts



Once the “Know your Council” website goes live, members of the community are able to view the results of Council.

6. Summary

It is proposed that Council notes the Local Government Performance Reporting Framework Indicator results and approves they be signed off.

Recommendation

That Council:

1. notes the Local Government Performance Reporting Framework Indicator results; and

2. authorises the Mayor and the Chief Executive Officer to sign the Governance and Management Checklist; and

3. authorises Cr Lowe and Cr Evans as Audit Committee members to sign the Performance Statements in conjunction with the Chief Executive Officer and Manager Finance.

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10.12 Annual Report on Operations for 2014/15


File No: COR1234


The purpose of this report is for Council to consider and adopt the Annual Report on Operations for the financial year 2014/2015.

2. Background

Section 131 of the Local Government Act 1989 requires each local government to prepare an annual report. The front section of the annual report, known as the Annual Report on Operations complements the financial statements, the standard statements, and the performance statement and provides the community with an overview of activities undertaken during the year with particular emphasis on performance against the Council Plan 2013/2017. It also provides information to the community about corporate governance activities, ensuring compliance with statutory reporting requirements.

Again this year a critical review of the Annual Report was undertaken to provide a fresh look and also considered the Best Practice Guide for Reports on Operations developed by Local Government Victoria whilst using the criteria used by the Australasian Reporting Awards in reviewing Annual Reports for their effectiveness in providing high levels of public accountability in reporting.

3. Discussion

The Annual Report reflects the seven commitments as detailed in the Council Plan 2013/2017 and provides highlights along with the challenges faced for the past year and the future direction. The report is divided into five sections: Overview of Bayside, Performance against Council Plan 2013/2017, Statutory Reporting and Corporate Information, Financial Statements and Global Reporting Initiative (GRI).

This is the fifth year Bayside has reported against the principles and performance measures of the Global Reporting Initiative (GRI). The GRI is a network based organisation that has developed the world’s most widely used sustainability reporting framework. The framework sets out the principles and indicators that organisations can use to measure and report their economic, environmental and social performance. This Annual Report has been prepared to meet the requirements of GRI applications level C as we have reported on a minimum of 10 performance indicators including at least one from social, economic and environmental subsections.

It is proposed that Council receives the Annual Report on Operations for 2014/2015 (as provided in attachment1), and that it be submitted together with the financial statements to the Minister for Local Government by 30 September 2015 in accordance with Section 131 of the Local Government Act 1989.

This annual report continues to provide a greater depth of information about the organisation and improved transparency.

4. Implications

4.1. Policy

The Annual Report on Operations provides a report to the community about Council’s performance against the Council Plan 2013/2017. It supports Council’s policy commitment to openness and transparency.

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In accordance with Section 131 of the Local Government Act 1989, Council is required to receive an Annual Report for each financial year, and submit the Annual Report to the Minister for Local Government by 30 September of each year. The report is also available for inspection by any member of the community and is also available on Council’s website.


The Annual Report on Operations complements Council’s audited financial statements, standard statements and performance statements. These documents are the subject of a separate report to Council. The financial statements will be submitted to the Minister and made available to the community.



4.5. Social impacts



Public notice will be provided in accordance with Section 134 of the Local Government Act 1989 once Council has received the Annual Report. The public notice will advise the community that the Annual Report can be inspected at Council’s Corporate Centre and at each of the Council’s four branch libraries and also on Council’s website.

6. Summary

The Bayside City Council Annual Report 2014/2015 signifies an important part of Council’s commitment to open and accountable local government. The report is intended to inform all Council stakeholders, and meets statutory requirements in accordance with the Local Government Act 1989.

Recommendation

That Council:

1. receives the Annual Report on Operations for 2014/2015, as provided in attachment 1 to the report;

2. authorises the Chief Executive Officer to make immaterial editorial changes to the document as needed;

3. submits the Annual Report on Operations 2014/2015 to the Minister for Local Government by 30 September 2015 as required by the Local Government Act 1989;

4. gives public notice that it has received an Annual Report for 2014/2015, and that the report may be viewed by the public at Council’s Corporate Centre, at each of Council’s four branch libraries and on Council’s website; and

5. within one month of submitting the Annual Report to the Minister, gives notice and holds a meeting on 20 October 2015 at 6.30pm to consider the Annual Report as required by Section 22 of the Local Government (Planning and Reporting) Regulations 2014.

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10.13 Annual Financial Statements for the year ended 30 June 2015

Corporate Services - Finance

File No: DOC/15/144120


The audited financial statements are submitted to Council in order to comply with the provisions of Section 131 of the Local Government Act (1989) for the submission of the Annual Report to the Minister for Local Government by 30 September 2015.

2. Background

The Financial Report for the financial year ended 30 June 2015 has been prepared by the Finance Department and audited by the Victorian Auditor General’s Office (VAGO).

The Audit Committee at its meeting on Friday 4 September 2015 endorsed the statements which are now recommended to Council for formal approval. A copy of the statements accompanies this report.

3. Discussion

The Local Government Act 1989 (Section 131) governs the preparation of a Council’s annual report and its presentation to the Minister for Local Government and the community.

The Local Government (Finance and Reporting) Regulations 2014 stipulates that the Financial Statements be certified in the prescribed manner by the Chief Executive Officer, the Principal Accounting Officer and two Councillors.

Under the new regulation, the Financial Report must be prepared in accordance with the Local Government Model Financial Report.

Council cannot submit the Financial Report to VAGO or the Minister for Local Government unless Council has passed a resolution giving “in principle” approval to the Financial Report and authorising two Councillors, on behalf of the Council, to certify the Financial Report once amendments or changes requested by VAGO have been affected.

3.1 Analysis of results

The Financial Report includes the following key highlights:

Income and Expenditure – Council achieved an operating surplus of $19.67M for the year which was $4.47M greater than the previous year’s surplus and $2.02M favourable to the 2014/15 budget. This surplus is used to fund the Capital Works program and repay long term debt in line with the Long Term Financial Plan.

Revenue exceeded budget by $2.96M predominantly due to one off unbudgeted revenue items.

$557k Supplementary Rates were favourable to budget and represents an increase in development activity within the municipality.

$1.27M The Victorian Grants Commission paid 50% of the 2015/16 funding allocation in advance on the 30 June 2015, which was not expected.

$1.55M Resort and recreation levy income was favourable to budget. These funds are quarantined in a reserve to be made available for future open space development.

$588k Net gains of on the disposal of property, infrastructure, plant and equipment. The net profit from the sale of the former Hampton Child Care Centre of $1.36M was offset by a $772k write-down of the fair value of roads, footpaths, kerb, and drains due to earlier than expected replacement. The net sale proceeds from the sale of the former Hampton Child

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Care Centre of $2.56M have been transferred to the Early Childhood Facilities Reserve to fund the future redevelopment of early childhood facilities in the municipality.

$708k Interest income was more than budgeted due to an increase in cash reserves which reflects the favourable operating and capital budget position at year end, the shift to longer term investments with higher yields and interest applied to outstanding rate accounts.

$212k Council sold an additional bathing box more than was budgeted during the year.

($2.7M) of capital funding for the Banksia Reserve Beaumaris Pavilion Redevelopment which was budgeted in 2014/15 is now expected in 2015/16 in line with expected timing of capital works.

Expenditure was $0.94M unfavourable to budget.

$373k Employee costs were unfavourable to budget by mainly due to: 1) an increase in casual labour for the Aged Home Care program $202k which was offset by additional program funding and reduced external contracts, and 2) the 2% occupancy discount to the organisational employee budget line was partially achieved.

$805k increase in depreciation and amortisation expense relates to the $57M revaluation increment in 2014 for Roads and Drains.

Balance Sheet – Cash and Investments increased by $17.7M ahead of budget due mainly to

$2.7M the opening balance being higher than budget,

$2.56M unbudgeted proceeds from the sale of the former Hampton Child Care centre,

$1.98M improvement in the cash operating activities predominantly driven by increased Resort and Recreation Levy income $1.55M and $1.27M of Victorian Grants Commission funding received in advance, and

$8.26M savings against the capital budget due to a small number of significant projects required to be carried forward to 2015/16 $5.69M including Banksia Reserve Pavilion redevelopment and Hurlingham Park Pavilion redevelopment

3.2 Revaluation of Property, Plant and Equipment, Infrastructure

In accordance with Australian Accounting Standards AASB116 Property Plant & Equipment and AASB13 Fair Value Measurement and Council’s accounting policy, Council undertook an assessment of fair value of as at 30 June 2015. An indices based assessment of Roads, Footpaths, and Drains was conducted internally. Matheson Stephen Valuations Australia Pty Ltd (MSV) conducted an indices based assessment of Land & Buildings as at 30 June 2015. The results of the indices assessment is outlined in the table below.

Asset Class Price Movements %

Revaluation Action

Road – Pavement, sub base & surface 0% No revaluation required

Footpaths, Kerb and Channel 1% No revaluation required

Drainage – Pipes and Pits 1.3% to 5.7% No revaluation required

Land 10% to 17% Revaluation required

Building 2% No revaluation required

Land Under Road* 15% Based on Stage 2 Residential Property Revaluation

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3.2.1 Land – by independent experts

The indices review based on a sample of property sales within the municipality for the 12 months March 2014 to March 2015 resulted in an average increase of 15% in Land values. Refer graph below for indicative price increases by suburb.

As the average increase across the asset class was greater than 10%, MSV was engaged to conduct a full revaluation of Land. The 2014/15 comprehensive revaluation of Council land, on a property by property basis resulted in a revaluation increment of $213.9 million or 15% increase. At 30 June 2015, the value of land owned and or controlled by Council (excluding land under roads) was $1.64 billion.

3.2.2 Buildings/improvements – by independent experts

The indices assessment of Buildings since the last valuation in June 2014 confirmed a movement of 2% for the year which resulted in no requirement for an adjustment to the fair value. However, a recent asset condition audit was performed by Urban Maintenance Systems on Council’s building assets. As a result of the condition audit, 19 building assets comprised mainly of toilets, sheds, rotundas, and other building assets were added to Council’s Financial Asset Register and the AIMS register. The depreciated replacement value assessed by MSV as at 30 June 2014 was $2.43M which was brought to account in 2014/15 by increasing the value of building improvements and retained earnings by $2.43M.

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3.2.3 Land under roads – by independent experts

The methodology for revaluing land under roads requires the full revaluation of Council’s Municipal Site Value which is due to be completed for rate revaluation purpose in 2016. Land under roads has therefore been indexed by 15% (Stage 2 2016 residential Property Revaluation results) which has resulted in a revaluation increment of $65.9M.

3.3 Contingent liability – Bayside Planning Scheme Review

The Bayside Planning scheme review (2011) has identified a number of Council sites that require further investigation to determine if they are at risk of contamination based on their prior use. Phase 1 of the investigation is complete which identified 5 sites with a historic zoning which require further investigation. At balance date Council is unable to accurately assess the financial implications of any works that may be required on the sites.

3.3 Material changes to Australian Accounting Standards and Accounting policies

Accounting Standard AASB 10 Consolidated Financial Statements came into effect for Council in the 2014/15 financial year, which forms the basis for determining which entities should be consolidated into Council’s financial statements. Based on our assessment, there are no entities to be consolidated into Council’s financial statements.

3.4 Assets held for sale – Sandringham Child Care Centre

During 2014/15 Council adopted a resolution to sell the site previously known as Sandringham Child Care Centre. The book value as at 31 April 2015 was $2.19 million, which was transferred to Assets held for Sale. This property was auctioned in June 2015 and sold for $3.425 million. Settlement and title transfer will take place in October 2015 therefore the net gain from the sale will be accounted for in the 2015/16 financial statements.

3.5 Draft Management Representation Letter

Please find attached the management representation letter which is required to be signed by the Chief Executive Officer and Principal Accounting Officer. The representation letter is provided to VAGO in connection with their audit of the financial report of Bayside City Council for the year ended 30 June 2015.

This representation letter is to advise that Council has fulfilled its responsibilities, as set out in the terms of the audit engagement, for the preparation and fair presentation of the financial report in accordance with Australian Accounting Standards, and the requirements of the Local Government Act 1989.

This representation letter is also provided in connection with VAGO’s audit of the performance report. The disclosure of key performance indicators have been prepared and presented in conformity with the Local Government Act 1989 and the Local Government (Planning and Reporting) Regulations 2014 and Council considers the indicators reported to present fairly the performance of the Council.

4. Implications

4.1. Policy

There are no direct impacts arising from this report.

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The Local Government Act 1989 (Section 131); the Local Government (Finance and Reporting) Regulations 2014 and the Australian Accounting Standards Board Standards govern the preparation of the Financial Report.





4.5. Social impacts




6. Summary

The annual Financial Report has been prepared using the Local Government Model Financial Report 2015 with each of the issues above addressed to the satisfaction of audit.

Recommendation

That Council:

1. receives and notes the Financial Report for the financial year ended 30 June 2015;

2. authorises the Manager Finance to make immaterial adjustments to the Financial Statements if requested by the Auditor General. If material adjustments are requested, the Manager Finance is authorised to make such adjustments and advise Council and the Audit Committee of the effect of these adjustments; and

3. resolves to give “in principle” approval of the Financial Report for the financial year ended 30 June 2015 and authorises Councillors Bruce Lowe and Laurence Evans, who are members of the Audit Committee, to certify the statements on behalf of Council and submit these to the Minister for Local Government.

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10.14 Financial Assistance Grants to Local Government


File No: COR1234


To seek a resolution of Council acknowledging the importance of Australian Government funding, through the Financial Assistance Grants (FAGs) program, for the continued delivery of Council services together with acknowledgement of the amount of funding Council will receive in 2015/16.

2. Background

The Australian Local Government Association (ALGA) has written to all local governments within Australia seeking resolutions from Councils concerning the indexation freeze placed upon the Financial Assistance Grants provided by the Federal Government, and highlighting the importance of FAGs funding in the continued delivery of Council services.

Local Government’s share of federal taxes is allocated through the Grants Commission process in each state as a Financial Assistance Grant. This is an important and significant funding source for Council that supports the delivery of many services to the community.

At the end of the 2013/14 financial year the Australian Government imposed an Australia-wide freeze on the indexation of FAGs to Local Governments for three years commencing in the 2014/15 financial year. The impact on Council’s revenue over the period of indexation freeze is significant, with the immediate effects compounding over time.

3. Discussion

The freeze on indexation of FAGs has created a challenge for Council in terms of minimising impacts on service delivery, whilst being mindful of the need to continue to maintain a position of financial responsibility into the future. Rigorous budget processes have gone some way to managing the impacts of the three year freeze but it cannot be denied that the loss of revenue will impact on Council’s ability to keep rate increases to a minimum. On top of the indexation freeze Victorian Councils are now confronted with rate capping, which will also impact upon Council’s ability to raise revenue for service delivery and capital infrastructure.

Put simply, declining levels (in real terms) of FAGs threaten the continued provision of important community services in all local communities. They also increase the challenge Councils face in providing essential infrastructure ranging from local roads and parks to swimming pools, community facilities and libraries.

The ongoing advocacy of the ALGA and the MAV in this matter has been strong and persistent, however all local governments should lobby their federal member to restore the indexation of the FAGs.

Council received $2.05 million per annum in FAGs funding based on the 2013/14 level of grant. This amount will not increase by CPI for the three year period from 2014/15 to 2016/17.

By way of example of the compounding effect, over the period 2014/15 to 2023/24, Council will have lost approximately $1.5 million when comparing the actual FAGs funding received/expected to be received, to the amount that would have been received if indexation has been applied annually.

This will create additional challenges for Council in terms of maintaining service delivery to the community.

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4. Implications

4.1. Policy

The advocacy role proposed in this report supports all Goals within the Council Plan and service delivery. The ALGA is the peak body for local governments in Australia and the MAV is the statutory peak body for local governments in Victoria. Both bodies should take a lead role in advocating to the Federal Government and the State Government on a variety of issues of concern to local governments in Australia and Victoria.




As previously stated within the body of the report, the compounding impact over time of the indexation freeze is significant. When framing Council’s 2014/15 Budget, Council had conservatively assumed that the grant would grow by an estimated two percent per annum over the life of the Strategic Resource Plan and the freezing of the grant indexation has resulted in income being less than forecast.



4.5. Social impacts

The adoption of the recommendations presented in this report will provide support to the ALGA and MAV in their lobbying of federal Members of Parliament for the restoration of indexing of the FAGs funding to Local Government across Australia. It will also provide information to the community in relation to the importance of the FAGs funding to Council in supporting the provision of a wide range of works and services at an affordable cost.


This matter has been discussed a length in local government forums.

6. Summary

This report seeks Council’s consideration in acknowledging the importance of the FAGs program and the restoration of the indexations applied to the grant.

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Recommendation

That Council:

1. acknowledges the importance of the Australian Government Financial Assistance Grants program to Local Government and in particular, the key role the grants play in assisting Council to continue to deliver services and infrastructure to its community;

2. acknowledges that although Council will receive $2.05 million of Financial Assistance Grant funding in 2015/16, the impact of the three year indexation freeze is a loss of income in real terms that has a significant compounding effect on Council’s finances into the future;

3. will ensure that this federal funding, and other funding provided by the Federal Government under relevant grant programs, is appropriately identified as Commonwealth grant funding in Council publications, including the annual report;

4. writes to The Hon Andrew Robb AO, MP Federal Member for Goldstein forwarding a copy of this report and requesting his ongoing support for the restoration of indexation of Federal Assistance Grants; and

5. informs the ALGA and MAV of Council’s resolution in this matter.

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10.15 Municipal Association of Victoria - State Council - Call for Motions


File No: COR 1234


To advise Council of the State Council Meeting of the Municipal Association of Victoria (MAV) and to propose motions to be put forward to the State Council Meeting.

2. Background

The MAV will be convening its State Council Meeting on Friday 23 October 2015. The State Council is the body consisting of all the representatives of Councils which are financial members of the MAV, and the role of the State Council is to set high-level strategic directions for the MAV.

The State Council enables member Councils to put forward motions for consideration by its members, therefore enabling the MAV to make representation to various bodies on behalf of the local government sector.

Only Council’s appointed representative is able to vote on behalf of Bayside at the State Council. Council’s MAV representative is Cr Felicity Frederico.

3. Discussion

Council at its meeting on 25 August considered a matter under Urgent Business concerning gender inequity of sporting facilities and subsequently resolved to submit a motion to the MAV State Council Meeting on the following. Whilst Council has resolved to submit a motion on this matter, the format and content of the motion has been reviewed in order to submit the State Council Meeting, which is shown below:

Gender inequity of sporting facilities

Proposed MAV Motion

That the MAV State Council:

a) acknowledges and congratulates the Victorian State Government’s recent efforts to increase women’s participation in sport with the announcement of the Female Friendly Facilities Fund; and

b) requests the State Government to raise this matter at the next COAG meeting calling for the establishment of a National Framework and Fund to address the gender inequity of sporting facilities.

Rationale

Since June 2015 Council’s advocacy on the matter of the facilities infrastructure inequality gap has attracted considerable attention. Over the past two months the Mayor has met with several key people and spoken at a number of forums on the matter. Council currently has an online petition seeking signatures to support the need for this issue to be addressed. The opportunity now exists for Council to have this matter put on the national agenda. Council has been receiving strong support from many quarters and the timing is right to advocate to the Council of Australia Governments (COAG) to consider this matter on its next meeting agenda. COAG is the peak intergovernmental forum in Australia. Items on the COAG agenda are often initiated from the Prime Minister's Office however the Australian Local Government Association (ALGA) is able to forward items for inclusion. The gender inequity of sport facilities needs to be considered a national matter.

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Potential frameworks available to the Federal Government to draw from when considering a funding model to address the inequity include the successful Federal to Local Government Roads to Recovery fund and more recently the National Stronger Regions Fund. In July 2015 the State Government Minister for Sport the Hon John Eren MP announced a new $10 million Female Friendly Facilities fund “to build or upgrade change rooms, so players don’t have to change in their cars, in canteens or temporary storage sheds.” Minister Eren stated that “even though women are joining community sports clubs in record numbers, women’s change rooms are too often rundown or non-existent. Sports traditionally played by men are more popular than ever – AFL Victoria welcomed 63 women’s teams in 2015 – but they don’t enjoy the same facilities as their male counterparts. It’s antiquated and it’s unfair.” Whilst the Victorian State Government is to be congratulated for its action the Female Friendly Fund is limited. The Fund is part of the broader Community Sports Infrastructure Fund and each application can only be for a maximum grant up to $100,000 across the categories; Minor Facilities, Cricket Facilities and Female Friendly Facilities categories, with a maximum of two applications from any single category. In reality this means that Council, if successful each year could attract a maximum of $200,000 to address female facilities at two pavilions. On average each pavilion upgrade is estimated to cost approximately $2 million with some pavilions expected to cost over $5 million. In addition to the strategic objective to establish a national fund, Council could also advocate to the State Government to either: increase the quantum of its Female Friendly Facilities Fund (currently a total $10 million), increase the maximum grant (max $100,000) or increase the limit on applications from Council (max 3 inclusive female facilities, cricket facilities and sportsground lighting categories). Universal and Enhanced Maternal and Child Health Services

Proposed MAV Motion

That the MAV State Council advocates to the State Government:

1. to complete a review of the actual unit cost of providing Universal Maternal Child Health Services; and

2. to review the Enhanced Maternal and Child Health funding model to align with the stated funding commitment.

Rationale

Funding currently provided from the State Government does not meet the ongoing demand for the Enhanced MCH service, therefore placing added pressure on local governments to fund the additional requirement. Given rate capping this is not sustainable. The State Government should review the funding model for Enhanced MCH to local government at six monthly intervals. There are increasing demands on this service as a result of the expectation for early identification and intervention of vulnerable children and families in order to reduce child abuse and neglect and improve outcomes for children as identified in the State Government's Vulnerable Children's Action Report 2014.

The above motions have direct impact on Bayside City Council and the wider local government sector in Victoria and therefore it is anticipated that the motions would be supported by the MAV State Council.

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4. Implications

4.1. Policy

The proposed motions have a direct link to a number of Goals within the Council Plan and it is important that Council strongly advocates these matters within the sector to ensure traction of the issues.


There are no legislative requirements associated with this report.


The proposed motion relating to Maternal Child Health Service will impact upon the service delivered to those families in need within the community. Without the additional funding required Council is limited in its ability to reach out and assist those most vulnerable.



4.5. Social impacts

This report will assist in the gender inequity of sporting facilities within Bayside and the local government sector, and the provision of enhanced Maternal and Child Health Services to vulnerable families.


It is intended that following the State Council meeting a copy of the adopted motions will be circulated to Councillors.

6. Summary

It is proposed that Council endorses the notice of motion as outlined in the report for presentation at the MAV State Council meeting.

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Recommendation

That Council submits the following two motions to the MAV State Council meeting to be held on 23 October 2015:

1. Proposed MAV Motion

That the MAV State Council:

a) acknowledges and congratulates the Victorian State Government’s recent efforts to increase women’s participation in sport with the announcement of the Female Friendly Facilities Fund; and

b) requests the State Government to raise this matter at the next COAG meeting calling for the establishment of a National Framework and Fund to address the gender inequity of sporting facilities.

2. Proposed MAV Motion

That the MAV State Council advocates to the State Government to:

1. complete a review of the actual unit cost of providing Universal Maternal Child Health Services; and

2. review the Enhanced Maternal and Child Health funding model to align with the stated funding commitment.

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10.16 Membership of ICLEI (Local Government for Sustainability)

Infrastructure Services - Environmental Sustainability & Open Space

File No: Fol/15/156


For Council to support the opportunity for Bayside City Council (Bayside) to join ICLEI (Local Government for Sustainability) and to participate in the Compact of Mayors initiative leading up to the United Nations Conference on Climate Change in December 2015 (COP21).

2. Background

The Compact of Mayors is a global coalition of the world’s leading Councils, Mayors and city leaders committed to ambitious and transparent climate action, in the lead up to United Nations Conference on Climate Change in December 2015 (COP21) in Paris (refer Attachment 1).

An invitation to participate in a fast track process has been sent to a select group of Councils, including Bayside, believed to have the capacity and ability to become climate change reporting compliant and can demonstrate leadership on climate action.

3. Discussion

Bayside currently meets most of the requirements for accreditation and external assistance is available at no additional cost to assist with technical, compliance and reporting requirements.

Benefits for Bayside to join ICLEI and participate in the Compact of Mayors include:

Assistance to gather data on estimated carbon emissions from the Bayside community to complement our existing Council operations emissions data. This will help inform the Environmental Sustainability Framework (ESF);

Build an industry accepted, standardised and robust body of data for Bayside to measure its impact and actions with regard to climate change;

Increased Council visibility as a leader responding to climate change; and

Demonstrates our commitment to an ambitious global climate solution, particularly as nations convene around a new climate agreement in Paris in December 2015.

Currently over 1200 cities worldwide are members of ICLEI, including 75 in Australia and 25 in Victoria. These include Melbourne, Yarra, Port Phillip, Frankston and Whitehorse. Bayside has previously participated in ICLEI programs without becoming a member, including the Cities for Climate Protection Program. In order to participate in the Compact of Mayors, Bayside will be required to become a member of ICLEI for a minimum of four years. The cost for this is $1500 per year, for a minimum of four years and can be accommodated within existing operating budgets.

The opportunity to participate in the Compact of Mayors in addition to other benefits of ICLEI membership makes it opportune to consider joining at this time.

4. Implications

4.1. Policy

Council Plan 2013/17 Goal 4 - A sustainable natural environment. Strategic Objective 4.1 - Achieving positive environmental outcomes. Strategy 4.1.5 - responding to climate change and mitigating its effects.

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The cost to join ICLEI is $1500 per year. A minimum commitment of four years is required, for a total cost of $6000. The cost can be accommodated within existing operational budgets.


The support and resources available from ICLEI membership will assist Bayside in the development of environmental strategies and planning. Membership of ICLEI and participation in programs such as the Compact of Mayors also demonstrates Bayside’s commitment to achieving positive environmental outcomes for the community, particularly in response to climate change mitigation and adaption.

4.5 Social impacts

Positive environmental sustainability outcomes directly contribute to the Bayside’s liveability.


No specific community engagement has been undertaken for this proposal.

6. Summary

Bayside has been invited to participate in the Compact of Mayors, a global coalition of the world’s leading councils, Mayors and city leaders committed to ambitious and transparent climate action, in the lead up to United Nations Conference on Climate Change in December 2015 (COP21).

The invitation for Bayside to join ICLEI and participate in the Compact of Mayors provides an opportunity for Bayside to demonstrate its commitment to climate change action and makes it opportune to consider joining at this time.

Recommendation

That Council:

1. joins ICLEI (Local Government for Sustainability) for a period of four years at a cost of $1500 per annum and participate in the Compact of Mayors; and

2. receives a report at the conclusion of the agreed four year term for consideration on a further membership term.

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10.16 Membership of ICLEI (Local Government for Sustainability)

Infrastructure Services - Environmental Sustainability & Open Space

File No: Fol/15/156

ATTACHMENT 1

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10.17 Management of Tree Protection on Private Property Policy 2015

City Strategy - Amenity Protection

File No: T.B.A.


To present to Council the revised Management of Tree Protection on Private Property Policy 2015 for consideration. The Policy has been subject to a period of community consultation and 22 submissions were received. The proposed Policy will allow Council to apply a consistent and equitable approach to the management of tree removal and pruning permit applications on private land in Bayside.

2. Background

Trees on private property meeting specific criteria (size, location or significance) may be protected under the Bayside Planning Scheme or Local Law No. 2 ‘Neighbourhood Amenity’, Clause 36.

The purposes of each are as follows:

Local Law No.2 ‘Neighbourhood Amenity’ – to protect and enhance the urban character by regulating tree removal and pruning of Protected Trees on private property where a planning permit does not apply. A permit is required to prune or remove Protected Trees on any private property (clause 36); and

Bayside Planning Scheme – to protect significant vegetation, ensure development minimises the loss of vegetation, and to control the removal, destruction and lopping of trees. The scheme applies to all areas within overlays (Vegetation Protection, Heritage, Environmental and Significant Landscape Overlays). Clause 52.17 also protects native vegetation on land greater in area than 0.4 hectare. The Planning Scheme provisions supersede the Local Law where both apply.

The original policy titled Management of Tree Protection on Private Property Policy 2008 (revised and republished in 2012, Attachment 1) provides guidance on application of the provisions of the local law pertaining to Protected Trees under Local Law No. 2 ‘Neighbourhood Amenity’, Clause 36. The Policy was scheduled for review in 2015 and has been titled the Management of Tree Protection on Private Property Policy 2015. The Management of Tree Protection Policy 2008 (revised and republished in 2012) on Private Property is incorporated by reference in Council’s Local Law No 2 and notice must be given of any amendment to the Policy in the Victorian Government Gazette. The Policy guides the decision making for tree removal permits for Protected Trees on private property, ensures all pruning works comply with the appropriate Australian standards and nominates the replacement of planting when permits are granted for tree removal.

3. Discussion

The major change to the proposed Management of Tree Protection on Private Property Policy 2015 is the inclusion of more detailed assessment criteria that will provide greater clarity about how tree removal applications are assessed and when tree removal and pruning permits will be granted. New criteria have been introduced to consider an individual’s medical condition or other specified social factors. The assessment criteria are discussed below. Residents will continue to have the right to refer matters to Council for determination on appeal of a delegated officer decision when a tree removal permit application has been refused.

Assessment Criteria Where an application for removal or pruning is made, a preliminary assessment of the tree’s health and structure is completed to determine if the tree is dead or structurally unstable. Permits will continue to be granted to remove dead or hazardous trees. Refer to the Attachment 2 (Draft Policy, Preliminary Assessment – Attachment A). For trees not identified as structurally unstable or dead, a full tree removal assessment is undertaken.

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If the tree is not dead or hazardous the following criteria is used to determine if a tree removal permit will be granted:

Building Permits – where a building permit has been issued under the Building Control Act 1993 and the tree cannot be retained a tree removal permit will be issued with the requirement for replacement planting;

Tree Location – a permit is issued where the tree is: o causing structural damage to a building, services or infrastructure and removal is

the only viable option; o it is within 2m of a dwelling or 1m of a garage or carport, o a crossover has been approved within the structural root zone of the tree.

Medical condition - a tree removal permit is issued where a medical certificate is provided from a doctor or specialist in the relevant field to certify that a specific tree is causing a specific allergenic problem for a resident that significantly diminishes the quality of life of the person and there is no other way of managing the problem.

Tree health, structure and impacts - a permit is issued where: o a referral report by Council’s Environmental Health, Assets, Traffic or other relevant

Council employee confirms the tree has a detrimental impact on the surrounding environment and/or public health; or

o two of the following criterion; the health of the tree is classified as poor, the structure of the tree is classified as poor and/or the sustainable life expectancy of the tree is assessed as less than 5 years Attachment 2 (definition in the draft Policy, Attachment B, section 4).

Social considerations – a permit is issued where two of the following criterion apply: o where the amenity character value of the tree is classified as moderate or low

Attachment 2 (definition in the draft Policy, Attachment B, section 5); o There are at least two other trees on the property that:

require Council permission to remove; are classified as having an amenity or character value of moderate or high; have a sustainable life expectancy of more than 10 years; are not subject to a current removal permit application or existing permit; or

o There are written letters supporting tree removal from property owners /tenants adjacent to and opposite the property (at least four from four properties);

o Demonstrate financial hardship and inability to undertake routine maintenance by the applicant – the person has no source of income to pay for the maintenance and is receiving Centrelink benefits.

Further information is included in Attachment 2 (draft Policy Attachment B).

A Quantified Tree Risk Assessment (QTRA) will be completed at any stage of an assessment, where a resident has expressed concerns that either part of or the entire tree is likely to fall and injure people or damage buildings. The assessment will consider the likelihood of a combination of tree failure, harm to people and property and the likely severity of the harm Attachment 2 (draft Policy, Attachment C). A QTRA factors extreme weather events into the assessment process.

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Community Consultation Feedback A number of community engagement activities were undertaken from June to July 2015 to obtain residents’ views of the proposed Management of Tree Protection on Private Property Policy 2015. A summary of the feedback obtained from 22 residents who made submissions is included in Attachment 3. There have been no significant shifts in the Policy as a result of the community feedback, however wording changes have been made to improve the readability of revised Management of Tree Protection on Private Property Policy 2015. A small number of respondents raised issues with the proposed criteria included in the policy. A few respondents sought that tree removal be granted when trees are causing damage to fences and driveways and expressed concern that elderly residents may not be able to maintain trees on their property. Further, a similar number of respondents supported (two) and did not support (three) the tree replacement planting requirements where a tree removal permit was granted.

A few respondents misinterpreted the intention of the criteria in the Policy and wording changes were made to improve the clarity of the Policy. Property owners are expected to undertake the repairs to these structures and maintain trees on their property given the value and contribution trees make to the local amenity. Residents can apply for an internal review by the Manager Amenity Protection and appeal to Council where they are dissatisfied with the officer decision not to grant a tree removal permit.

4. Implications

4.1. Policy

Protecting and expanding the tree canopy of the entire municipality is an integral part of neighbourhood amenity, natural beauty and a sustainable environment and identified in Goal 4.1.4 Protecting and enhancing vegetation (increase indigenous plant usage) on private and public land.

The proposed Management of Tree Protection on Private Property Policy 2015 has been revised as part of the policy review cycle and provides guidance on the application of the provisions of the local law pertaining to Protected Trees under Local Law No. 2 ‘Neighbourhood Amenity’, Clause 36.


Private trees subject to specific criteria are protected in Bayside under the Local Law No.2 and/or the Bayside Planning Scheme.


Administering tree removal permits is a function undertaken by Council. The cost of producing and distributing the Policy is included in the 2015/16 adopted budget.


Adoption of this Policy will assist Council to better manage the tree canopy on private land and contribute to neighbourhood character.

4.5. Social impacts

The revised Policy will have a positive benefit for the community because it provides greater clarity regarding the decision making criteria used by Council to determine tree removal permits. Medical and social considerations are included in the decision making criteria.

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Community engagement was completed in June/July 2015 to determine residents’ views of the proposed Management of Tree Protection on Private Property Policy 2015, included the following:

• the draft Policy as placed on Council’s website – “Have your say”; • the draft Policy was mailed out to 450 residents who had applied for a local law tree removal

permit in the last 12 months; • the draft Policy was distributed to known arborist industry representatives working in Bayside,

and friends and society groups with an interest in trees and vegetation; and • a ‘drop in session’ at Council’s Corporate Centre attended by 30 interested residents, 22 of

whom completed a survey.

6. Summary

Management of Tree Protection on Private Property Policy 2015 (formerly titled the Management of Tree Protection on Private Property Policy 2008 and revised and republished in 2012) has been revised and subject to community consultation. Twenty two residents provided feedback which has been considered in finalising the policy. Key changes in the revised policy include more detailed assessment criteria which will be used to determine tree removal and pruning applications and new medical and social criteria. Where a tree removal permit is refused, residents will continue to be able to appeal Council Officers’ decisions not to grant a permit to Council in accordance with Local Law No.2, Clause 16.

Recommendation

That Council:

1. amends the Management of Tree Protection on Private Property Policy 2008 (revised and republished in 2012) by adopting the revised Management of Tree Protection on Private Property Policy 2015;

2. gives notice of the amendment to the Management of Tree Protection on Private Property Policy 2008 (revised and republished in 2012) in the Victorian Government Gazette; and

3. thanks the submitters for providing feedback regarding the proposed Local Law Tree Removal Policy.

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Attachment 1

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10.17 Management of Tree Protection on Private Property Policy 2015

City Strategy - Amenity Protection

File No: T.B.A.

ATTACHMENT 3

Community Consultation Results - Feedback from the 22 respondents has been grouped according to the Policy Criteria

Policy Criteria Respondents Comments Council Officer’s Comments

Replacement planting (Policy - Attachment 2, section 8)

Five respondents thought the mature size of the replacement trees for the tree granted removal was too great and two residents thought the replacement tree size was appropriate.

Replacement planting is a condition of a tree removal permit in the Policy and will help to better manage the tree canopy in the municipality. Replacement planting heights at maturity will be a minimum of 75% of the height of the tree that is being removed, with the maximum replanting height required being a tree capable of growing to 15 metres. Where the tree to be removed is greater than 20 metres, two replacement trees may be planted, one of which will be 15 metres at maturity. Alternative replacement tree heights at maturity may be approved where there are existing medium trees on the property (8-10m) or there is insufficient set back to accommodate the tree root zone of a larger tree. No change to the Management of Tree Protection on Private Property Policy 2015 is proposed.

The replacement planting height has not been specified in the Policy given most trees available are in 20cm pots.

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One respondent sought the replacement planting height to be greater than saplings as the investment in the tree would discourage later removal.

Social considerations (Policy- Attachment 2: Attachment B, part 5)

Two respondents wanted Council to consider the financial hardship experienced by local pensioners and elderly persons who may not be able to afford an arborist to maintain or prune large canopy trees.

Five respondents sought that written letters of support should not be mandatory.

One respondent sought that written letters supporting tree removal from property owners/tenants adjacent to and opposite the property (at least four individual properties) should not be included as a criterion..

Residents are expected to maintain protected trees on their property in recognition of the contribution trees make to the local amenity. Demonstrated financial hardship and inability to undertake routine maintenance by the where applicant has no source of income to pay for the maintenance and is receiving Centrelink benefits has been included as a criteria in the Policy. No change to the Management of Tree Protection on Private Property Policy 2015 is proposed.

This suggestion is consistent with the Policy.

This has been included as a criteria given neighbours’ amenity is impacted by tree removal. No change to the Management of Tree Protection on Private Property Policy 2015 is proposed.

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Medical Condition (Policy- Attachment 2: Attachment B, part 3)

One respondent sought that approval for a tree removal permit should be changed from ‘where a medical practitioner provides evidence that the tree is causing a specific allergenic problem’ to a ‘proven medical condition’.

One respondent approved the current criteria that tree removal permit is only granted where it is proven that the tree is causing a specific allergenic problem.

A medical certificate needs to be provided to prove that a tree is causing a specific allergenic problem for a resident that significantly diminishes the quality of life of that person and there is no other way of managing the problem. The Manager Amenity Protection will have the delegated authority to review applications on a case by case basis. No change to the Management of Tree Protection on Private Property Policy 2015 is proposed.

Tree Location (Policy- Attachment 2: Attachment B, part 2)

One respondent sought that tree removal permits should be granted where the existing tree is within two metres of a dwelling or one metre of a garage, which is included in the policy.

One respondent sought that solar access take priority over trees and be a reason for tree removal.

This is consistent with the Policy and no change to the Management of Tree Protection on Private Property Policy 2015 is proposed.

Where a tree impacts on the solar panels of a home and has a detrimental impact on the surrounding environment/public health a tree removal permit may be granted.

No change to the Management of Tree Protection on Private Property Policy 2015 is proposed.

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Tree health, structure or impacts (Policy- Attachment 2: Attachment B, part 4)

Two respondents sought that approval be granted for removal where the tree is causing damage to retaining walls, brick fences, pools and other similar structures. The proposed criteria does not allow for the tree removal in these situations.

One respondent suggested that Lilly Pillys are pests and should be removed.

Another respondent suggested that exotic trees were planted by owners and therefore they should be able to remove them.

Damage to retaining walls, brick fences, pools and other similar structures is not a criteria for granting a tree removal permit. Property owners are expected to undertake the repairs to these structures and maintain trees on their property given the value and contribution trees make to the local amenity. Residents have the right to an internal review by the Manager Amenity Protection and to appeal decisions to Council.

There are a great number of Lilly Pillys on private properties that contribute to the tree canopy and local amenity. It is acknowledged that additional maintenance is required as this species drops berries. No change to the policy is recommended. Where the tree is a risk to persons or homes or has significant detrimental environmental impact, a removal permit will be granted.

Exotic trees that are Protected Trees under the Local Law No.2, contribute to the amenity and no change to the Management of Tree Protection on Private Property Policy 2015 is proposed.

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General comments include the following: One respondent suggested that a qualified private Arborist endorsed by Council should be able to authorise removal. A small number of respondents also expressed their concern that the tree canopy was reducing due to development and that trees are essential for wellbeing. A suggestion was made to develop a public register online that lists protected trees and that Council encourage residents to take care of trees and plant them by promoting the community nursery and providing information on suitable tree species in Bayside.

These suggestions will be considered separately to the Policy.

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10.18 VCAT Decisions

City Strategy - Statutory Planning

File No: COR/1234


To inform Council of VCAT determinations received in the month of August 2015.

2. Background

Summary details for the four decisions handed down during the month of August are attached – one was upheld, one was overturned and two were varied.

Month Year

Co

un

cil

Up

he

ld

Co

un

cil

Ove

r-tu

rned

De

lega

te

Up

he

ld

De

lega

te

Ove

r-tu

rned

Oth

er

(e.g

. V

arie

d

or

by C

onse

nt

With

dra

wn

Total

LGPRF* Outcome

Se

t A

sid

e

Aff

irm

ed

July 2015 1 4 1 3 0 1 10 8 1

August 2015 0 0 1 1 2 0 4 1 1

TOTAL: 1 4 2 4 2 1 14 9 2

*Local Government Performance Reporting Framework (Data to be reported to State Government)

Recommendation

That the report on the VCAT decisions on the planning applications handed down during the month of August be received and noted.

Page 116 of 133


Subject Site: 330 South Road, Hampton East

Application No. 2013/321/1

VCAT Reference No. P2130/2014

Applicant: Ali Raydan

Referral Authority: VicRoads

Respondents: John Natoli, Dr Frank Rhodes & Dr Robert Gingold, Mr B Goy, Ms J Wilsher & Mr J Ley

Before: Margaret Baird, Senior Member

Date of hearing: 8 July 2015

Date of order: 4 August 2015

Proposal:

Construction of a four storey building comprising of one

shop and ten dwellings in a Special Building Overlay, a

waiver of the bicycle and loading bay requirements and

alterations to access to a Road Zone Category 1

Officer recommendation: Refused

Council determination: N/A

Appeal type: Refusal

Plans substituted prior to hearing? Yes

VCAT determination: No Permit To Issue

LGPRF outcome: Affirmed

Subject Site: 94 Ludstone Street, Hampton



Applicant: Lowe Architecture Pty Ltd

Respondents: T Riordan

Before: Laurie Hewet, Senior Member

Date of hearing: 18 August 2015

Date of order: 21 August 2015 Proposal: Construction of two double storey dwellings

Officer recommendation: Notice of Decision to Grant a Permit


Appeal type: Conditions

Plans substituted prior to hearing? No

VCAT determination: Varied Permit to Issue

LGPRF outcome: Varied

Page 117 of 133


Subject Site: 53 Binnie Street, Brighton East



Applicant: Anne Marie Pettering

Before: Laurie Hewet, Senior Member



Proposal: Construction of two (2) double storey dwellings and a front fence exceeding a height of 1.2 metres

Officer recommendation: Notice of Decision to Grant a Permit


Appeal type: Conditions


VCAT determination: Varied Permit to Issue

LGPRF outcome: Varied

Subject Site: 261 Beach Road, Black Rock



Applicant: Nick Pateras

Before: Philip Martin, Member



Proposal: The construction of two double storey dwellings on a lot.

Altered access to a Road Zone Category 1

Officer recommendation: Not Support


Appeal type: Failure to Grant a Permit


VCAT determination: Permit to Issue

LGPRF outcome: Set Aside

Page 118 of 133


10.19 Council Action Awaiting Report




This report presents to Council a schedule of actions pending for the period to 31 August 2015.

2. Background

The schedule of actions has been divided into two parts:

Part A – Reports awaiting internal action.

Part B – Reports awaiting external action / advice or further action pending.

Recommendation

That Council notes the Council Action Awaiting Report.

Page 119 of 133


10.19 Council Action Awaiting Report



DATE OF MEETING

COUNCIL RESOLUTION RESPONSIBLE OFFICER

COMMENTS/STATUS

8.5.12 10.3 Petition to Council – Proposed Lighting of Balcombe Park Sportsground That Council

2. investigates the potential reuse of the 20m floodlighting poles at the Sandringham College – Beaumaris campus including preliminary discussions with the College and other key stakeholders; and

3. receives a further report on the outcome of these investigations.

DComm

Council resolved on 28 July 2015 to write to the Minister for Education Mr James Merlino MP, expressing the importance of the Beaumaris Secondary College site for community sporting activity. The letter was drafted and sent on 5 August 2015. Council awaits a reply and seeks a meeting with the Minister.

27.11.12 10.10 Major Activity Centre Structure Plan Review – Sandringham Village That Council:

1. endorses the approach to reviewing the Sandringham Village Final Structure Plan (November 2006) as outlined in this report; and

2. receives a further report following the ‘Issue Identification’ (Stage 2) milestone of the Review process.

DCity Report to proceed to the June 2016 Ordinary Meeting of Council.

27.11.12 10.11 Major Activity Centre Structure Plan Review – Bay Street That Council:

1. endorses the approach to reviewing the Bay Street Centre Final Structure Plan (November 2006) as outlined in this report; and


DCity Report to proceed to the June 2016 Ordinary Meeting of Council.

Page 120 of 133


DATE OF MEETING


COMMENTS/STATUS

27.11.12 10.12 Major Activity Centre Structure Plan Review – Church Street That Council:

1. endorses the approach to reviewing the Church Street Centre Final Structure Plan (November 2006) as outlined in this report; and


DCity

Report to proceed to the June 2016 Ordinary Meeting of Council.

27.11.12 10.13 Major Activity Centre Structure Plan Review – Hampton Street That Council:

1. endorses the approach to reviewing the Hampton Street Centre Final Structure Plan (November 2006) as outlined in this report; and


DCity

Report to proceed to the June 2016 Ordinary Meeting of Council.

17.12.13 10.11 Kindergarten Strategic Plan That Council

1. receives and notes this report providing an update on the Kindergarten Strategic Planning Project; and

2. receives a report on the findings of the Kindergarten Strategic Planning Project at its May 2014 meeting.

DComm Item was presented at the 27 May 2014 Strategic Issues Discussion Workshop. The review of Council's Family Services currently underway will consider community needs, the performance of existing kindergarten facilities, maintenance costs, and future upgrades that may be required. The review will be informed by previously completed work including the Kindergarten Infrastructure Assessment and the draft Kindergartens Asset Management Plan.

Page 121 of 133


DATE OF MEETING


COMMENTS/STATUS

24.06.14 10.1 Proposal to sell 461-463 Bluff Road, Hampton 8. receives a further report on specific projects in relation to the

use of the net proceeds

DComm Report to be submitted to Council later in 2015 once potential projects have been investigated in more detail.

A report will proceed to the November 2015 Council Meeting.

24.06.14 10.2 Strategic Needs Assessment of Stadium Facilities Basketball and Netball 4. receives a future report presenting the findings from the

feasibility studies

DComm Report presented and endorsed by Council at its 24 June meeting. A consultant has been appointed to undertake the feasibility studies for the Thomas Street Netball Centre and Sandringham Family Leisure Centre. The feasibility is to be discussed with Councillors in October 2015.

19.08.14 10.7 Planning Scheme Amendment C116: Mandatory height controls in Hampton Street Activity Centre & Willis Street Urban Design Framework 3. receives a further report at the conclusion of the exhibition

process for both Amendments to consider submissions and legal representation requirements.

DCity Officers are currently in the process of seeking authorisation for Amendment C130. It is Council’s confirmed intention to run amendment C116 and C130 for Hampton in parallel. Due to outcome of the Panel for C113-C115, outcome also pending. The Mayor has written to the Minister for Planning following their meeting in May seeking confirmation of the Minister's position on the issue of mandatory height controls within the commercial areas of the MACs. An acknowledgement has been received and Council is currently awaiting on a substantive response.

Page 122 of 133


DATE OF MEETING


COMMENTS/STATUS

25.11.14 10.1 Parking Permits for Clubs along the Foreshore That Council:

1. notes the submission received from the Sandringham Yacht Club;

2. implements a trial Club Foreshore Parking Permit in 2015 in accordance with the details set out in Attachment 4 subject to the following amendments:

deletion of the duplication of the Australian Volunteer Coastguard – B9

inclusion of Brighton Lifesaving Club Carpark – B3

inclusion Hampton Sailing Club Carpark – B8 and B9

amend Sandringham Yacht Club to read Carpark - B8 and B9

3. sets a fee of $186 for the trial Club Foreshore Parking Permit; and

4. receives a report on the trial Club Foreshore Parking Permit in November 2015.

DInf Report to proceed to the November 2015 Council meeting

25.11.14 10.4 Home and Community Care (HACC) Service Review 8. receives further reports as information becomes available on the

arrangements to be put in place in subsequent years, in order to consider Council’s future role and contribution to meeting the needs of its community for home support services;

DCom Report to proceed to the February 2017 Council Meeting

24.03.15 10.3 Proposed Sport and Recreation Network That Council:

2. receives a report overviewing the actions undertaken by the Sport and Recreation Network Formation Working Party at the April 2016 meeting of Council.

DComm Report to proceed to the April 2016 Council Meeting

Page 123 of 133


DATE OF MEETING


COMMENTS/STATUS

28.04.15 10.3 Brighton Secondary College Hockey Facility Annual Usage 2014/15 That Council receives a further report no later than April 2016 from the Management Committee summarising activities, including the financial position of the Brighton Secondary College Hockey Facility Management Committee.

DComm Report programmed for presentation to Council in April 2016.

28.04.15 10.12 Bayside Planning Scheme Amendments C113, C114 and C115 – Proposed Mandatory Height Controls – Bay Street, Church Street and Sandringham Village MACs That Council notes the report and receives a further report in relation to Amendments C115 Church Street Major Activity Centre after the meeting with the Minister for Planning.

DCity Report to be presented to Council following meeting with Minister 13 May 2015. Timing of meeting cycles will depend on any additional advocacy that may be required.

Page 124 of 133


26.05.15 10.5 Establishment of a Permanent Drop Off Site for the Household Chemical Collection Program That Council:

1. approves the establishment of a permanent drop off site at Bayside Waste and Recycling Centre in Talinga Road and authorises the Chief Executive Officer to sign the Memorandum of Understanding and Funding Agreement; and

2. receives a program evaluation report at the completion on the current agreement term.

DInf 1. Complete. 2. Prior to entering into a new Memorandum of Understanding in June 2016, a report is to be presented to Council.

23.06.15 10.7 Strategic Service Review – Youth Services 11. receives a further report on the future of X-treme teen school holiday program before November 2015.

DComm Report to be presented to Council before November 2015

28.07.15 10.3 HMVS Cerberus Update That Council receives a report at the completion of the feasibility study outlining the findings and proposed actions.

DInf Ongoing

28.07.15 10.4 Hampton East Draft Structure Plan 3. receives a report on the findings of the third-round community

consultation and engagement and a final Hampton East Structure Plan at the 15 December 2015 Ordinary Meeting of Council.

DCity Report to be presented to the 15 December 2015 Council Meeting

28.07.15 10.7 Statutory Planning Services Review 1. receives advice and reports on further potential service

improvement initiatives including a streamlined format for Planning and Amenity Committee reports, and revised approaches to consultation meetings, at future Council

DCity 3. Dates to be determined as the work plan is finalised.

Page 125 of 133


meetings; and

2. receives a report in August 2016 on implementation of the improvement plan including achievement of performance and customer satisfaction measures.

4. Further report to be presented to August 2016 meeting.

25.08.15 10.1 Hampton Willis Street Precinct – Traffic Management and Scout Hall Site

That Council:

1. defers the item for three meeting cycles;

2. investigates further options for traffic management within the precinct and communicates with stakeholders;

3. receives a further report no earlier than the November Ordinary Meeting of Council outlining the outcomes of the traffic investigations;

4. receives a further separate report no earlier than the November Ordinary Meeting of Council regarding the future use or sale of 6A Willis Street Hampton:

a) Options in the report to include future use for

i) Public Open Space / Playground

ii) Carpark

iii) Residential purposes

5. consults with all stakeholders interested parties and individuals; and

6. writes to all submitters of Council’s decision in this matter.

DCity DCorp

2. Consultation and Engagement Strategy is being prepared to outline the process. 3. & 5. It is anticipated that a further report will be presented to the December 2015 meeting outlining the Consultation and Engagement Strategy outcomes. 4. DCorp: A report on the future use of

the Willis Street site will be presented to Council no earlier than November.

6. Submitters were notified on the

28 August 2015.

Page 126 of 133


25.08.15 10.3 Draft Elsternwick Park Master Plan 2. presents Option 3 “no golf” and Option 4 “LMS Golf Driving

Range” for community consultation as a way forward for Elsternwick Park;

3. considers the feedback from the community consultation process at the December 2015 Council meeting.

DComm Council is commencing an engagement process to seek feedback upon two options (golf driving range or no golf) at Elsternwick Park.

25.08.15 10.4 Proposed Beaumaris Sports Club at Banksia Reserve Update No. 12 6. considers a further report confirming the above and including

Council’s formal approval of a loan guarantee to Beaumaris Sports Club and an update on the town planning amendment process no later than January 2016 Council meeting.

DComm Update to be provided to the January 2016 meeting.

25.08.15 10.8 Bayside Integrated Transport Strategy: Implementation Progress 2014/15 2. receives a further report on the implementation of the

Bayside Integrated Transport Strategy and the supporting suite of transport strategies and plans at the conclusion of the 2015/16 financial year.

DInf Report to proceed to the August 2016 Ordinary Meeting of Council.

Page 127 of 133

Ordinary Meeting of Council Tuesday 22 August 2015 11. Reports by Delegates Reports by Delegates from the following organisations 1. Association of Bayside Municipalities – Cr Frederico 2. MAV Environment Committee – Director City Strategy 3. Metropolitan Transport Forum – Director Infrastructure Services 4. Municipal Association of Victoria – Cr Frederico 5. Inner South Metropolitan Mayors’ Forum – Cr Frederico 6. Metropolitan Waste Management Forum – Cr Stewart

Ordinary Meeting of Council Tuesday 22 September 2015 12. Urgent Business 13. Notice of Motions There were no Notices of Motion submitted to the meeting.

General Committee Meeting

Confidential Business

That pursuant to Section 89(2) of the Local Government Act 1989, the Council resolves that so much of this meeting be closed to members of the public, as it involves Council consideration of matters coming within some or all of the following categories listed in Section 89(2) of such Act.

(a) Personnel matters; (b) The personal hardship of any resident or ratepayers; (c) Industrial matters; (d) Contractual matters; (e) Proposed developments; (f) Legal advice; (g) Matters affecting the security of Council property; (h) Any other matter which the Council or Special Committee considers would

prejudice the Council or any person; (i) A resolution to close the meeting to members of the public.

AGENDA 14.1 Bayside Built Environment Awards 2015 – Judgin g Panel Recommendations (LGA

1989 Section 89(2)(h) where the content may prejudice Council or any person

14.2 Confidential Contractual Attachments: CON1553 Hurlingham Pavilion Demolition and New Construction; CON1544 Provision of Christmas De corations in Major Activity Centres; CON1555 Boss James, Peterson East and West and Simpson Reserve Sportsground Lighting (LGA 1989 Section 89(2)(d) Contractual matter)

As Chief Executive Officer, I hereby declare that the contents of this agenda relating to the closed meeting of the Council are deemed confidential and accordingly members of the Council are reminded that the contents of the agenda are not to be disclosed to any other party.

Adrian Robb Chief Executive Officer

Ordinary Meeting of Council 22 September 2015

Agenda Paper Ordinary Meeting of Council · Cr James Long BM JP Cr Bruce Lowe Cr Heather Stewart...

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