MELTON CITY COUNCIL
Minutes of the Ordinary Meeting of the Melton City Council
13 December 2012
PUBLIC COPY
Minutes of the Ordinary Meeting of Council13 December 2012
Table of Contents
1.Opening Prayer and Reconciliation Statement6
2.Apologies and Leave of Absence6
3.Declaration of Any Pecuniary Interest, Other Interest or Conflict of Interest of Any Councillor 6
4.Adoption and Confirmation of Minutes of Previous Meetings7
5.Petitions and Joint Letters7
6.Resumption of Debate or Other Business Carried over from a Previous Meeting 7
7.Public Question Time7
8.Presentation of Staff Reports10
8.1Authorising of Affixing The Common Seal of Council10
For Council to adopt the schedule of documents (Appendix 1) requiring the Common seal of Council.
8.2Community Learning Board Minutes12
This report advises Council of the minutes of the Community Learning Board meeting held on 31 October 2012 and recommends actions emanating from the minutes.
8.3Heritage Advisory Committee Minutes14
This report advises Council of the minutes of the Heritage Advisory Committee meeting held on 19 October 2012 and the recommendations emanating from the minutes.
8.4Municipal Audit Committee16
To advise Council of the minutes of the Municipal Audit Committee meeting held on 28 November 2012 and recommends actions emanating from the minutes.
8.5DP2012/003 Development Plan to support a medium density housing development at 6 - 12 Highwood Drive, Hillside 18
To consider a Development Plan to facilitate the construction of 12 dwellings and associated subdivision at 6-12 Highwood Drive, Hillside.
8.6Planning Scheme Amendment C133 - Proposal to apply the Public Acquisition Overlay At 115 City Vista Court Plumpton 27
To consider an amendment to the Melton Planning Scheme to apply the Public Acquisition Overlay to 115 City Vista Court, Plumpton.
8.7Planning Application PA 2012/3721/1 - Residential Subdivision of land into 40 lots At Lot S6 Lakewood Boulevard Melton 31
To consider a planning application for the residential subdivision of land at Lot S6 Lakewood Boulevard, Melton.
8.8Courthouse Plaza Redevelopment Plans - Public Exhibition51
To present the Melton Courthouse Concept drawings and outline the proposal for publicly exhibiting the plans.
8.9National Growth Areas Alliance (NGAA) Advocacy53
To provide Council with an overview of current advocacy initiatives and attendance to the the National Growth Areas Alliance (NGAA) forum in Sydney on 29 and 30 November 2012.
8.10Eynesbury Recreation Reserve Draft Masterplan57
To present to Council the draft Eynesbury Recreation Reserve Masterplan. The draft Masterplan provides strategic direction and guidance for the future development of this public active open space.
8.11Vietnam Veterans' Association - Request for Land for Development of Meeting Facility 60
To advise Council in respect of a request received from the Vietnam Veterans’ Association for Council to assist them by providing an area of Council land on which they could construct a meeting place to replace their current venue which is a Council building located in the Aged Care Precinct on McKenzie Street, Melton.
8.12Collingwood Football Club, Caroline Springs Application for 6 Additional Electronic Gaming Machines 63
To seek Council approval to prepare a submission informing the Victorian Commission of Gaming and Liquor Regulation (VCGLR) that Council does not support the application by Collingwood Football Club to increase their number of Electronic Gaming Machines (EGMs) for its venue ‘The Club’ at Caroline Springs, from 60 to 66.
8.13Aquatic Facility Planning67
To seek Council approval to commence the preparation of an Aquatic Facilities Strategy for the City of Melton to include:
A review of potential sites and facility types for the provision of Aquatic Facilities to service the Municipality.
A review of the existing capacity of Melton Waves Leisure Centre.
8.14Council Meeting Schedule 201372
To consider the 2013 Council Meeting Schedule for adoption by Council.
8.15Junior Council for the municipality - Notice of Motion 33874
To provide further response to Notice of Motion 338 that requested an investigation into the possibility of establishing a Junior Council for the municipality.
8.16Men's Shed in the Eastern Corridor - Notice of Motion 33977
To provide response to Notice of Motion No 339, that requests information and options for the development of a Men’s Shed in the Eastern Corridor.
9.Reports of Committees82
10.Reports from Delegates Appointed by Council to Other Bodies83
10.1Presentation of Written and Verbal Reports from Councillors in Their Role as Delegates to Other Bodies 83
10.2Parliamentarian and Departmental Letters Received by The Mayor84
10.3Record of Assembly of Councillors Attached To This Agenda in Accordance with Section 80a(1) of The Local Government Act 1989 85
22 November 2012
29 November 2012
6 December 2012
11.Notices of Motion86
11.1Notice of Motion 343 (Cr Majdlik) Invitation to the Shadow Premier of Victoria 86
11.2Notice of Motion 344 (Cr Dunn) Melton Weir Development Advisory Committee 87
11.3Notice of Motion 345 (Cr Turner) Amendment to the Resource Support and Expenses of Councillors and Special Committee Members Policy 88
11.4Notice of Motion 346 (Cr Turner) Proposed Amendments to Voting Systems applying in Local Government Elections 89
11.5Notice of Motion 347 (Cr Turner) Electoral Process90
11.6Notice of Motion 348 (Cr Majdlik) Committee to explore constitutional recognition of local government 91
11.7Notice of Motion 349 (Cr Majdlik) Review of all parks and reserves in the whole of Melton City municipality 92
11.8Notice of Motion 350 (Cr Majdlik) Calder Highway reduced speed limit93
11.9Notice of Motion 351 (Cr Ramsey) Councillor Briefings remain alcohol free 94
11.10Notice of Motion 352 (Cr Turner) Increasing general practitioner numbers 95
12.Councillor’s Questions Without Notice96
13.Motions without Notice96
14.Urgent Business96
15.Confidential Business97
15.1Tender Evaluation Plan Contract 13/003 Provision of Public Place Waste and Recycling Collection Services 98
To present the tender evaluation plan for Contract 13/003– Provision of Public Place Waste and Recycling Collection Services.
15.2Audit Committee Meeting Confidential Items - November 2012101
To advise Council of the “in-camera” minutes of the Municipal Audit Committee meeting held on 28 November 2012 and recommends actions emanating from the minutes.
15.3Independent Audit Committee Member103
To present to Council the recommendation of the selection panel in respect of Expressions of Interest for the vacant “independent Audit Committee member” position.
15.4Land Acquisition - Caroline Springs105
For Council to consider the outcome of an investigation into the potential purchase of a parcel of land in Caroline Springs.
15.5Contract No. 13/009 Westwood Drive Road and Bridge Construction from Tenterfield Drive to Fydler Avenue, Burnside Heights 107
To advise Council that the tender assessment for Contract No. 13/009 Westwood Drive Road and Bridge Construction has been completed and a recommendation is presented to Council.
15.6Contract 13/014 Annual Asphalt Resurfacing Program 2012-2013115
To advise Council that the tender assessment for Contract No. 13/014 Annual Asphalt Resurfacing Program 2012/2013 has been completed and that a recommendation is presented to Council.
15.7Contract 13/013 Accelerated Seal Program, Various Roads Exford - Design and Construct
Contract 13/016 Melton Library & Learning Hub - Supply and Installation of Library Shelving 119
To seek Council’s approval to award Contract 13/013 Accelerated Seal Program, Various Roads Exford – Design and Construct and Contract 13/016 Melton Library & Learning Hub – supply and installation of library shelving.
15.8Provision of Debt Collection Services122
For Council to consider the recommendation of the evaluation panel in relation to contract for the provision of Debt Collection Services.
15.9Contract SL9311 - Appointment of Panel of Providers for approved Energy Efficient Street Lighting Hardware 125
To appoint a panel of providers for approved Energy Efficient Street Lighting Hardware (Luminaries and photoelectric Cells).
16.Close of Business128
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Minutes of the Ordinary Meeting of Council13 December 2012
Melton City Council
Minutes of the Ordinary Meeting of the Melton City Council held in the Council Chamber, Civic Centre, 232 High Street, Melton on 13 December 2012 at 7:00PM
Present:Cr K.Majdlik (Mayor)
Cr B.Turner (Deputy Mayor)
Cr B.Borg
Cr L.Carli
Cr N.Dunn
Cr S.Ramsey
Mr K.Tori, Chief Executive Officer
Mr P.Bean, General Manager Corporate Services
Mr M.Heaney, General Manager Community Services
Mr L.Shannon, General Manager Planning and Development
Mr B.Baggio, Manager Planning
Mr D.Hogan, Manager Customer Engagement
Ms T.Spiteri, Governance Coordinator
Ms A.Raijer, Communications Coordinator
1.Opening Prayer and Reconciliation Statement
The Mayor, Cr Majdlik read the opening prayer and reconciliation statement.
2.Apologies and Leave of Absence
Apology received from Cr Cugliari.
3.Declaration of Any Pecuniary Interest, Other Interest or Conflict of Interest of Any Councillor
Cr Ramsey declared an indirect interest in report number 15.6 – Annual Asphalt Resurfacing Contract as her daughters partner is employed by one of the Contractors.
Cr Dunn declared an conflict of interest in report number 15.4 – Land Acquisition Caroline Springs as she resides in the immediate area to the application.
Cr Borg declared an direct interest in report number 8.10- Eynesbury Recreation Reserve Draft Masterplan.
4.Adoption and Confirmation of Minutes of Previous Meetings
Crs Ramsey/TurnerThat the Minutes of the Ordinary Meeting of Council held on 15 November 2012 and Minutes of the Special Meeting of Council held on 22 November 2012 be confirmed as a true and correct record.
CARRIED
5.Petitions and Joint Letters
Nil.
6.Resumption of Debate or Other Business Carried over from a Previous Meeting
Nil.
7.PublicQuestion Time
Name / Question asked of CouncilSam Azzopardi / Undertaking of a Constitutional referendum.
Mrs IIaides / Clarification sought of necessity to seek Constitutional recognition.
Power of Council to apply rates and charges.
Michael Gatt / Validity of Council’s ability to receive Federal funding.
Yarney Van Liempd / Composition of Committee to explore Constitutional recognition of Local Government.
Procedural Motion
Crs Ramsey/Turner
That the meeting be adjourned at 7.25pm.
CARRIED
Procedural Motion
The Mayor reconvened the meeting at 7.39pm.
Name / Question asked of Council
Jack Ivankovic / Completion date of Neale Road, Rockbank.
Costs to provide the Environmental Enhancement Rebate Survey.
The Mayor requested a member of the gallery to stop recording the Council Meeting as it was in breach of Clause 30 of the Meeting Procedure Local Law 2004.
Procedural MotionThe Mayor adjourned the meeting at 7.43pm.
Procedural Motion
The Mayor reconvened the meeting at 8.30pm.
Name / Question asked of CouncilAllen Fairweather / Success of Djerrawarrh Festival.
Moving the Council Meeting night from Thursday to Tuesday.
Nigel Austin / Necessity to seek Constitutional recognition.
Alan Fairweather / Clarification sought on Section 173 Agreement regarding PA2011/3207.
Steve Hardiman / Public Question form access on the Council’s website.
Mario Santucci / Necessity of Constitutional recognition.
Paul and Maria Rita DeBono / Validity of Local Government recognition.
Chris Touvanna / Council authorisation to act under legislation and its relevance to the Constitution.
Cr Borg arrived at 8.40pm.
Name / Question asked of CouncilKaroo Yoolk / Capacity to act as an entity.
Mary Brincat / Is the direction of Council in tonight’s agenda lawful.
Joe Brincat / Council subsidised regarding the referendum proposal.
Name / Question asked of Council
Androulla Touvanna / Council acting without jurisdiction.
Andrew Antonnio / Council ability to consider a Constitutional matter.
The Mayor advised that item 7, public question time, will be deferred and further consideration after item 15 in this agenda.
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Minutes of the Ordinary Meeting of Council13 December 2012
Procedural MotionCrs Ramsey/Turner
That the recommendations as printed in Items 8.1, 8.2, 8.3, 8.4, 8.5 and 8.6 be adopted in block.
CARRIED
8.Presentation of Staff Reports
8.1Authorising of Affixing The Common Seal of Council
Author: Liz Pace- Executive Assistant
Presenter: Peter Bean- General Manager Corporate Services
Purpose of Report
For Council to adopt the schedule of documents (Appendix 1) requiring the Common seal of Council.Recommendation:
That the Council Seal be affixed to the documentation as detailed in the Schedule for Authorising of Affixing of the Common Seal of Melton City Council dated 13 December 2012 and appended to this report. (Appendix 1)
Crs Ramsey/Turner. That the recommendation be adopted.
CARRIED
Report
1.Executive Summary
Documents requiring the Common Seal of Council to be affixed are detailed in (Appendix 1).
2.Background/Issues
Use of the Council Seal is required where Council as a body corporate is required to acquit a document or agreement for the purpose of performing its functions and exercising its powers.
The Local Government Act 1989 prescribes that a Council must have a common seal, and that the common seal must –
(a)Bear the name of the Council (which name may refer to the inhabitants of the municipal district) and any other word, letter, sign or device the Council determines should be included; and
(b)Be kept at the Council office; and
(c)Be used in accordance with the local laws of the Council.
Council’s Meeting Procedure Local Law 2004 prescribes the use of Council’s Common Seal and the authorized officers who have the authority to sign every document to which the common seal is affixed.
3.Council Plan Reference and Policy Reference
The Melton City 2009-2013 Council Plan refers to the need to:
Ensure everyone has access to quality Council services The Melton Shire Council 2009-2013 Council Plan refers to the need to:
Management and control of the use of the Council seal is an important element of ensuring good governance.
4.Financial Considerations
There are no financial considerations relating to the use of the Council Seal.
5.Consultation/Public Submissions
Not applicable.
6.Risk Analysis
Ensuring that the Council Seal is only affixed in accordance with a resolution of Council controls the potential risk of the seal being incorrectly affixed to a document.
7.Options
Not applicable.
List of Appendices
1. / Schedule for Authorising of Affixing The Common SealPage 1 of 130
Minutes of the Ordinary Meeting of Council13 December 2012
8.2Community Learning Board Minutes
Author: Peter Blunden- Life Long Learning Officer
Author: Michael Scholtes- Manager Learning Communities
Presenter: Peter Bean- General Manager Corporate Services
Purpose of Report
This report advises Council of the minutes of the Community Learning Board meeting held on 31 October 2012 and recommends actions emanating from the minutes.Recommendation
That Council;
1.adopt the recommendations set out in the minutes of the Community Learning Board of 31 October 2012; (Appendix 1)
2.note the response from the Hon. Martin Dixon MP regarding delays to the construction of the Schools Trade Training Centre in Melton (Appendix 2); and
3.endorse the Community Learning Plan 2011-2014 Annual Report (Appendix 3).
Crs Ramsey/Turner. That the recommendation be adopted.
CARRIED
Report
1.Executive Summary
The City of Melton Community Learning Board meets bimonthly and considers matters relating to employment, education and learning within the City. The 31 October 2012 meeting of the Community Learning Board was presented with reports from each of the working parties and projects of the Board. A copy of the letter from the Education Minister to the Learning Board and a draft Annual Report of the activities of the Board this year were also presented.
2.Background/Issues
Council established the Community Learning Board in 1998 to promote the importance of lifelong learning to the social and economic development of Melton. The Community Learning Board connects those involved within the City in these endeavours in a forum to improve opportunities for the community to learn. Membership is drawn from all learning sectors, industry and community organisations and also comprises a number of ex-officio members from Council and other formal education service providers.
The Board now has two working parties that concentrate on various elements of lifelong learning and implement the Community Learning Plan 2011-2014. They are the Economic Development and Lifelong Learning working party and the Social Inclusion and Lifelong Learning working party. There is also a Kindergarten Working Party that is a joint activity of the City’s Early Years Partnership and the Community Learning Board.
A copy of the unconfirmed Minutes of the meeting held on 31 October 2012 is attached to this report as Appendix 1. A letter from the Honourable Martin Dixon MP, State Minister of Education responding to the Board’s letter to him regarding delays to the construction of the Schools Trade Training Centre in Melton is attached as Appendix 2. The draft Annual Report of the City of Melton Community Learning Board is attached as Appendix 3.
3.Council Plan Reference and Policy Reference
The Melton Shire Council 2009-2013 Council Plan refers to the need to:
Lead the community through promoting community health and wellbeing, community engagement and improving business and employment opportunities within the Shire. The Community Learning Board, through its activities, seeks to deliver on these objectives.
4.Financial Considerations
No financial considerations.
5.Consultation/Public Submissions
The Community Learning Board is an Advisory Committee of Council and where public consultation and or submissions are identified as being appropriate the Board would recommend an appropriate consultation process to Council for endorsement.
6.Risk Analysis
Being regularly informed on Community Learning Board activities assists Council in controlling any possible risk exposure.
7.Options
The Community Learning Board is an Advisory Committee of Council and Council therefore has the discretion to accept, reject or amend its recommendations as Council deems appropriate.
List of Appendices
1. / Learning Board Minutes2. / Community Learning Board Letter of Response from Minister Dixon
3. / Community Learning Plan Annual Report 2012
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Minutes of the Ordinary Meeting of Council13 December 2012
8.3Heritage Advisory Committee Minutes
Author: Sera Jane Peters- Heritage Advisor
Presenter: Bob Baggio- Manager Planning
Purpose of Report
This report advises Council of the minutes of the Heritage Advisory Committee meeting held on 19 October 2012 and the recommendations emanating from the minutes.Recommendation:
That Council:
1.Note the minutes of the Heritage Advisory Committee of 19 October 2012; and
2.Endorse the recommendations as detailed in the minutes of the Heritage Advisory Committee meeting held on 19 October 2012 (refer Appendix 1).
Crs Ramsey/Turner. That the recommendation be adopted.
CARRIED
Report
1.Executive Summary
The Heritage Advisory Committee is a community committee which provides advice to Council on best practice in the management and conservation of heritage in the City of Melton. The Committee makes recommendations to Council for applications to the Heritage Assistance Fund, the Heritage Award and advocates on behalf of the community on heritage matters.
The Committee is composed of five community representatives, one Council Officer, the Council’s Heritage Advisor and a Councillor. It meets every two months and this report presents the recommendations of the October meeting to Council for adoption. A copy of the minutes are attached as Appendix 1.
2.Background/Issues
The purpose of the heritage assistance fund is to provide ‘one off’ financial assistance to land owners for the conservation of a heritage place. The grants are made on a dollar for dollar basis, with the amount of funding applied for generally matched by the applicant.
Council normally budget $10,000 per annum, with other funding sources being Government Agencies which are required to remove a heritage item (such as a Dry Stone Wall) as part of infrastructure works.