MELTON CITY COUNCIL
Minutes of the Ordinary Meeting of the Melton City Council
30 April 2013
THESE MINUTES CONTAIN REPORTS DEALT WITH AT A CLOSED MEETING OF COUNCIL
Minutes of the Ordinary Meeting of Council30 April 2013
Table of Contents
1.Opening Prayer and Reconciliation Statement4
2.Apologies and Leave of Absence4
3.Declaration of Any Pecuniary Interest, Other Interest or Conflict of Interest of Any Councillor 4
4.Adoption and Confirmation of Minutes of Previous Meetings4
5.Petitions and Joint Letters4
6.Resumption of Debate or Other Business Carried over from a Previous Meeting 5
7.Public Question Time5
8.Presentation of Staff Reports6
8.1Authorising of Affixing The Common Seal of Council6
For Council to adopt the schedule of documents (Appendix 1) requiring the Common seal of Council.
8.2Municipal Audit Committee8
To advise Council of the minutes of the Municipal Audit Committee meeting held on 10 April 2013 and recommends actions emanating from the minutes.
8.3Community Workshop-Rating Strategy10
For Council to consider the outcomes of the consultation forums held in regard to future rating strategy for the City of Melton.
8.4Ministerial Guidelines for Differential Rating12
To consider the Ministerial Guidelines for Differential Rating.
8.5Review of the Environmental Enhancement Policy15
To present Council with the outcomes of the review of the Environmental Enhancement Policy and seek approval for the recommendations presented in the review.
8.6Notice of Motion 338 – Junior Council for the Municipality19
To provide further response to Notice of Motion 338 that requested an investigation into the possibility of establishing a Junior Council for the municipality.
8.7Eynesbury Recreation Reserve Masterplan22
To present to Council for adoption the Eynesbury Recreation Reserve Masterplan. The Masterplan will provide strategic direction and guidance for the future development of this public active open space.
8.8Sport and Recreation Victoria - Community Facility Funding Program Outcomes 2013/2014 25
To inform Council of the capital funding secured via the Victorian State Governments 2013/2014 Funding Program.
8.9City of Melton Council Plan 2013-2017 (Draft)28
To present the draft City of Melton Council Plan 2013-2017.
8.10Preparation of the Municipal Budget 2013/201431
For Council to endorse the draft 2013/14 Municipal Budget and commence the statutory process to exhibit this draft budget and receive submissions.
9.Reports of Committees38
10.Reports from Delegates Appointed by Council to Other Bodies39
10.1Presentation of Written and Verbal Reports from Councillors in Their Role as Delegates to Other Bodies 39
10.2Parliamentarian and Departmental Letters Received by The Mayor40
10.3Record of Assembly of Councillors Attached To This Agenda in Accordance with Section 80a(1) of The Local Government Act 1989 41
16 April 2013
23 April 2013
11.Notices of Motion42
11.1Notice of Motion 358 (Cr Carli) Allocation of Bus Shelters within Melton City Council 42
11.2Notice of Motion 359 (Cr Ramsey) Melton Rail duplication43
12.Councillor’s Questions Without Notice44
13.Motions without Notice44
14.Urgent Business44
15.Confidential Business45
15.1Audit Committee Meeting Confidential Items - April 201346
This report advises Council of the “in-camera” minutes of the Municipal Audit Committee meeting held on 10 April 2013 and recommends actions emanating from the minutes.
15.2Contract 13/036 Melton Waves Refurbishment Works 47
To advise Council that the tender process for the refurbishment works to the Melton Waves Leisure Centre has been complete and a recommendation to Council is presented for consideration.
15.3Rockbank/Diggers Rest Kindergartens low utilisation48
To increase the support to Councils Kindergarten Cluster Manager TRY Australia with the annual shortfall of funding at the Diggers Rest and Rockbank Kindergartens due to low utilisation and the increase in cost due to Universal Access.
15.4Contract 13/007 for the Construction of the Arnolds Creek Sports Ovals and Car Park 49
To seek Council’s approval to award Contract 13/007 for the construction of Arnolds Creek sports ovals and car park.
15.5Property Development Advisory Committee (PDAC) Meeting50
To consider the minutes of the Property Development Advisory Committee from 16 April 2013 (meeting number 27).
16.Close of Business51
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Minutes of the Ordinary Meeting of Council30 April 2013
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 30 April 2013 at 7.03pm
Present:Cr K.Majdlik (Mayor)
Cr B.Turner (Deputy Mayor)
Cr B.Borg
Cr L.Carli
Cr R.Cugliari
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.Stokes, Acting General Manager Planning and Development
Mr D.Hogan, Manager Customer Engagement
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
Nil.
3.Declaration of Any Pecuniary Interest, Other Interest or Conflict of Interest of Any Councillor
Cr Borg declared a direct Conflict of Interest in item 8.7 – Eynesbury Recreation Reserve Masterplan and had advised the Chief Executive Officer of this prior to the commencement of the meeting.
4.Adoption and Confirmation of Minutes of Previous Meetings
Crs Ramsey/Turner. That the Minutes of the Ordinary Meeting of Council held on 9 April 2013 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 CouncilNathan Miles / Reduction of proposed road construction in the 2013-2014 draft budget.
Michael Matalewski / Inquiry regarding the draft 2013-2014 Capital Works Road budget.
A Touvanna / Inquiry on how Council of Melton defines sustainable development.
David O’Connor / Retail and Activity Areas Strategy public consultation.
The Mayor adjourned the meeting at 7.14pm.
The Mayor reconvened the meeting at 7.37pm.
Nathan Miles / Councillor support of the proposed rate increase.A Touvanna / Inquiry in relation to Council’s ability to waive Council rates and charges for residents.
David O’Connor / Inquiry regarding public consultation on the Rating Strategy review.
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Minutes of the Ordinary Meeting of Council30 April 2013
Procedural MotionCrs Turner/Ramsey. That recommendations as printed in Items 8.1 and 8.2 be adopted in block.
CARRIED
8.Presentation of Staff Reports
8.1Authorising of Affixing The Common Seal of Council
Author: Christie Shields- Governance Officer
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 30 April 2013 and appended to this report. (Appendix 1)
Crs Turner/Ramsey. 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
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 53
Minutes of the Ordinary Meeting of Council30 April 2013
8.2Municipal Audit Committee
Author: Cheryl Santoro- Senior Administration Officer
Presenter: Peter Bean- General Manager Corporate Services
Purpose of Report
To advise Council of the minutes of the Municipal Audit Committee meeting held on 10 April 2013 and recommends actions emanating from the minutes.Recommendation:
1.That the unconfirmed minutes of the Municipal Audit Committee of 10 April 2013 be noted; and
2.Council endorse the recommended actions detailed in the minutes of the Municipal Audit Committee meeting held on 10 April 2013 (Appendix 1)
Crs Turner/Ramsey. That the recommendation be adopted.
CARRIED
Report
1.Executive Summary
The unconfirmed minutes of the Audit Committee meeting held on 10 April 2013 are appended to this report as Appendix 1. The Committee considered various issues in relation to risk, financial management and governance and the minutes contain recommendations for the consideration of Council.
2.Background/Issues
It is a requirement within the Terms of Reference of the Municipal Audit Committee to meet and report its decisions and recommendations to the Council for consideration.
Issues discussed and recommendations made by the Committee are noted in the minutes for action by both individuals and Council.
3.Council Plan Reference and Policy Reference
The Melton Shire Council 2009-2013 Council Plan refers to the need to:
Practice good governance, social, economic and environmental responsibility
4.Financial Considerations
A provision has been provided in this year’s budget for the remuneration on a fee per meeting basis for independent member of the Committee, with an optional additional amount paid to the Chairperson.
5.Consultation/Public Submissions
The Municipal Audit Committee consists of Councillor Majdlik, Councillor Ramsey and three independent external audit members Mr Alan Hall as Chairperson, Mr Mark Holloway and Mr Adam Roberts.
6.Risk Analysis
Not applicable.
7.Options
The Audit Committee is an advisory committee of Council, and Council therefore has the discretion to accept, reject or amend its recommendations
List of Appendices
1. / Audit Committee Minutes 10 April 2013Page 1 of 53
Minutes of the Ordinary Meeting of Council30 April 2013
8.3Community Workshop-Rating Strategy
Presenter: Peter Bean- General Manager Corporate Services
Purpose of Report
For Council to consider the outcomes of the consultation forums held in regard to future rating strategy for the City of Melton.Recommendation:
That Council:-
1.Adopt the recommendation to establish a community-based rating strategy reference group as contained within the report from Mach 2 Consulting.
2.Develop a terms of reference for the establishment of a community-based rating strategy reference group to be considered by Council's policy review panel.
Crs Dunn/Ramsey. That the recommendation be adopted.
CARRIED
Report
1.Executive Summary
Council engaged a consultant to undertake a community consultation process on behalf of Council as the first process in reviewing and developing its rating strategy. The need to consider this process was born from a recent report by the Victorian Auditor General expressing the view that Councils generally throughout Victoria should develop rates policies in the context of a broader long-term rating strategy that is informed by both detailed rate modelling data, consultation and engagement with the community.
Mach 2 consulting was engaged to undertake two community consultation forums with the key purpose to gain an understanding of the community's perception of the legislative requirements around the application of municipal rates and charges against properties and the degree of flexibility that Councils have a differential rating system to ensure that an equitable rating structure is applied.
2.Background/Issues
Mach 2 consulting conducted two community forums on 27 March 2013 to discuss Councils rating strategy. Approximately 10 residents attended the first forum and 30 to the second. The key themes and messages that came out of the two forums were discussions around the legitimacy of Councils rating powers, Councils decision-making process, the issues around the urban growth boundary in the treatment of land that sits within it compared to land that is placed outside of this area, property valuations, environmental rebate, hardship policies and Councils budget.
It was generally agreed that the principles of fairness and equity must be at the heart of any local government rating strategy. However, agreeing exactly what is fair and equitable is somewhat harder and open to conjecture. It was felt the Council's goal should be to achieve a mix of rates and charges that will distribute these costs as fairly as possible across all ratepayer groups.
Having conducted the two forums and considered the discussions between the attendees, the facilitator believed that consideration should be given to establishing a community based rating strategy reference group. This approach has been taken in other Councils and has been an effective way in engaging with the community examining in explaining different rating policy directions. They are generally developed using a membership base that is drawn from a cross-section of community groups and organisations to ensure fairness in recognition of the needs and interests of all sections of the community. A terms of reference would need to be prepared and approved by Council to govern the reference group and to define its role clearly.
3.Council Plan Reference and Policy Reference
Leadership - leading the organisation and the community through accountability, transparency and advocacy.
The process proposed reflects the objectives mentioned above.
4.Financial Considerations
There is minimal financial cost involved in adopting the recommendations proposed in the consultants summary report. Costs relating to advertising for membership to the reference group and other administrative matters can be accommodated within Councils operational budget.
5.Consultation/Public Submissions
Should Council choose to support the recommendations proposed in the summary report and pursue the development of a reference group, an engagement process will need to be undertaken seeking membership from a cross range of groups and organisations within the municipality.
6.Risk Analysis
It is considered that there is limited risk in endorsing the recommendations set out in the summary report.
7.Options
Council could choose to continue with its current process of rating review and not adopt the recommendation contained within the Summary Report. The report by the Victorian auditor general expressing the view that councils generally throughout Victoria should develop rates policies in the context of a broader long-term strategy that is informed by both detailed rate modelling data and consultation and engagement with the community was done so taking Melton Councils current processes into consideration.
On this basis it is considered appropriate that Council should strongly consider improving the way it currently undertakes this process through the introduction of a rating strategy reference group.
List of Appendices
1. / Summary ReportPage 1 of 53
Minutes of the Ordinary Meeting of Council30 April 2013
8.4Ministerial Guidelines for Differential Rating
Presenter: Peter Bean- General Manager Corporate Services
Purpose of Report
To consider the Ministerial Guidelines for Differential Rating.Recommendation:
That the Ministerial Guidelines to Differential Rating, attached as appendix 1, be received for information.
Crs Turner/Cugliari. That the recommendation be adopted.
CARRIED
Report
1.Executive Summary
In 2012 the Victorian Parliament passed the Local Government Amendment Act 2012 which introduced a section of the Act that provides that the Minister for Local Government may, by notice published in the Government Gazette, make guidelines for or with respect to the objectives of differential rating, suitable use of differential rating powers and the type or classes of land that are appropriate for different rating. A Council must have regard to any Ministerial guidelines made under this legislation before declaring a differential rate for any land. The legislation also provides that on the recommendation of the Minister, the Governor in Council may by order in Council prohibit any Council from making a declaration of a differential rate in respect of a type or class of land, if the Minister considers that the declaration would be inconsistent with any guidelines made under subsection (2B).
The intention of the Guidelines is to provide clarity, consistency and transparency to Councils in their decision-making processes. Across the 79 municipal Councils in Victoria the different rating practices and strategies for differential rating have been developed over the years with little guidance provided in the legislation as to how to achieve the facilitating objective in the Act of ensuring the equitable imposition of rates and charges.
For some time concerns have been raised with the Government as to how a particular Council may or may not be meeting the objectives of the Act by the application or (non) application of differential rating decisions affecting them. It has been considered that there has been little information available in the past to Councils to assist them in understanding why they might choose to use differential rating and the advantages and disadvantages of using differential rating to achieve specific objectives.
2.Background/Issues
Pursuant to Section 161 of the Local Government Act 1989, Council may raise any general rates by the application of a differential rate if it uses a Capital Improved Value system of rating. Pursuant to this Section of the Act Council may raise any general rates by the application of Limited Differential rates if it uses the Net Annual Value or Site
Value system of rating. The Act provides that the primary objective of the municipal Council is to endeavour to achieve the best outcomes for the local community having regard to the long-term and cumulative effects of decisions. In seeking to achieve its primary objective, the Council must have regard to a number of facilitating objectives including the objectives as set out in the Act to ensure the equitable imposition of rates and charges across the municipality.
Differential rates are considered a useful tool to address equity issues that may arise from the setting of Council rates derived from property valuations. To this end, it is important that they are considered in the context of a range of revenue instruments of options available to Local Governments. Circumstances whereby common types of classes of land use consistently demonstrate significant relative rate disparities, including access to services arising from use of a uniform rate, may be addressed by use of the differential rate powers. Common types of classes of land use where that circumstance can arise and where a Council must give consideration to reducing the rate burden through the use of a reduced differential rate include farm land and retirement village land.