Council Meeting Minutes 24 February 2016
Ordinary Council Meeting24 February 2016
Council Chamber, Town Hall, Sturt Street, Ballarat
Minutes
Council Copy
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Council Meeting Minutes 24 February 2016
MINUTES OF A Meeting of Ballarat City Council HELD IN THE Council Chamber, Town Hall, Sturt Street, Ballarat ON Wednesday 24 February 2016 AT 7.00pm.
Frank Dixon
Interim Chief Executive Officer
MINUTES
ORDER OF BUSINESS:
1. OPENING DECLARATION 4
2. Apologies for absence 4
3. DECLARATION OF CONFLICTS OF INTERESTS 4
4. CONFIRMATION OF MINUTES 5
5. PUBLIC QUESTION TIME & SUBMISSIONS ON AGENDA ITEMS 5
6. Motions on Notice (Nil) 8
7. GENERAL BUSINESS WITHOUT NOTICE 9
8. COUNCILLOR/DELEGATES’ REPORTS 10
9. Petitions (Nil) 10
10. Mayor's Report 10
10.1 MAYOR'S REPORT 10
11. Chief Executive Officer's Report (Nil) 11
12. Officer Reports 12
12.1 Proposed Planning Scheme Amendment - Former Rifle Range Site, 209A & 211-23 Elsworth Street, Canadian 16
12.2 Planning Permit Amendment PLP/2015/639/A 321 Sturt Street, Ballarat Central Variation of Liquor Licence to increase Redline Area to include Outdoor Dining Area (Schnitz Restaurant and Cafe) 20
12.3 Quarterly Report for period ending 31 December 2015 23
12.4 Essential Services Commission - Rate Capping 24
12.5 Major Project Update 18
12.6 Freedom Camping Trial 25
12.7 City of Ballarat Community Road Safety Strategy 2015-2020 28
12.8 Update on Harmony Fest 2016 12
12.9 Reconciliation Action Plan 2014-2017: First Year Review 13
12.10 Naming proposals for adoption 14
12.11 NP - 217 Re-name Winter Swamp - Mullawallah Wetlands 15
12.12 Council Election Policy 29
12.13 IPAA Conference approval for Councillor Coltman 27
12.14 LATE REPORT – Endorse Overseas travel for Councilor Coates to attend Royal Commission hearing in ROME 30
13. GENERAL BUSINESS – MATTERS ARISING FROM THE AGENDA 31
14. Items In Camera - Confidential Reports 31
14.1 CIVIC RECOGNITION NOMINATION FOR MRS MARY McCUSKEY (DEC) 32
(Personnel matters) 32
14.2 Leasing of Three (3) Compactors for Green Waste 33
(Contractual matters) 33
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Council Meeting Minutes 24 February 2016
1. OPENING DECLARATION
Councillors: “We the Councillors of the City of Ballarat, declare that we will carry out our duties in the best interests of the community, and through collective leadership, will maintain the highest standards of good governance.”
Mayor: “I respectfully acknowledge the Wadawurrung and Dja Dja Wurrung People, the traditional custodians of the land, and I would like to welcome members of the public in the gallery.”
2. Apologies for absence2.1. Present
Mayor Des Hudson
Cr. Belinda Coates
Cr. Vicki Coltman
Cr. Glen Crompton
Cr. Peter Innes
Cr. Amy Johnson
Cr. Samantha McIntosh
Cr. John Philips
Cr. Jim Rinaldi
Mr. Frank Dixon – Interim Chief Executive Officer
Ms. Natalie Reiter - General Manager, City Strategy
Ms. Jessie Keating – Strategic Land Use Planning
Mr. Terry Demeo - General Manager, City Services
Mr. Neville Ivey - General Manager, People and Communities
Mr. Glenn Kallio - Chief Financial Officer
Mr. Jeff Pulford – Major Projects and Communication
Mr. Jason Young – Senior Manager, Governance and Council Services
Ms. Sandra Peters – Governance Administration Officer
2.2. Apologies
NIL
3. DECLARATION OF CONFLICTS OF INTERESTS
3.1. DIRECT INTERESTS
NIL
3.2. INDIRECT INTERESTS
NIL
4. CONFIRMATION OF MINUTESRECOMMENDATION
That the Minutes of the Council Meeting on 03 February 2016 as circulated be confirmed.
Moved: Cr. Coates CARRIED
Seconded: Cr. Innes (R023/16)
5. PUBLIC QUESTION TIME & SUBMISSIONS ON AGENDA ITEMS
5.1. PUBLIC QUESTION TIME
QT011/16 Barbara Cytowicz, Golden Point
Why was the Civic Hall not used for the recent Rockabilly Festival, which it is highly suitable for? Will Council consider Civic Hall for future events such as the Rockabilly festival, White nights or similar events?
Mr. Mayor provided a response
QT012/16 Barbara Cytowicz, Golden Point
One year ago in Council there was a discussion about the state of Civic Hall, such as the Graffiti and the broken Windows. Then and now this reflects badly on the reputation of Ballarat. Considering how inexpensive it is will Council consider addressing these issues?
Mr Mayor provided a response
QT013/16 Garry Fitzgerald, Ballarat East
Civic Hall – at any stage in the participatory process has a Business Plan been handed to Council?
Natalie Reiter, General Manager City Strategy provided a response
QT014/16 Garry Fitzgerald, Ballarat East
IPAA Conference – Why do we need Council representation for one day?, why does the travel go over two nights, and what benefit is this to Council?
Mr Jason Young, Governance Senior Manager provided a response
QT015/16 Rod Broadbent, Mt Pleasant (Saving Civic Hall Committee)
The Civic Hall Partnership Group asked HERE Studios for one final concept by 24th February with relevant Business Plan and suggested changes to Concept L. Which Partnership have provided HERE Studios with required information. Will Council request that HERE studios provide relevant information?
Natalie Reiter, General Manager City Strategy provided a response
QT016/15 Rod Broadbent, Mt Pleasant (Saving Civic Hall Committee)
Once received (if received) and after Council review will Council consult with the Partnership Group any changes and before making any decisions? In order to resolve any issues identified by the Victorian Architectural Design with regards to their viability concerns?
Mr Mayor provided a response
QT017/16 Andrew Fraser, Miners Rest
Raised concerns regarding pot holes and unsafe road conditions in areas such as: Davenport Rd, between Coglins and Powells rd and Windermere -Learmonth Rd and several other roads in the Miners Rest area as well as overhanging trees in the Learmonth area which have also damaged his vehicle. These conditions are a disgrace and need to be addressed.
Mr Terry Demeo, General Manager City Services provided a response.
Also TAKEN ON NOTICE
Outcome will be updated to all Councillors
QT018/16 Grant Tillet, Mt Rowan
1886 the Saleyard site in Latrobe St was gifted to Council and the people of Ballarat from the Crown with a Caveat that stated the land had to be returned to the Crown if it was no longer being used as a Cattle Yard or that it wasn’t maintained as such. What is the current ownership, Freehold or Crown land and what is the current ownership in terms of Infrastructure?
Natalie Reiter, General Manager City Strategy provided a response
Also, TAKEN ON NOTICE
QT019/16 Grant Tillet, Mt Rowan
New Saleyards site at Miners Rest – Council is working on the development of the so called ‘approved’ plan. Can Council advise what will be the procedure for the granting approval for this plan? Will it be done by Officer Delegation? And if so what Officer level? or as a major project will it be done via an Officers report and recommendation through the Council Chamber?
Natalie Reiter, General Manager City Strategy provided a response
Also, TAKEN ON NOTICE
EXTENSION OF PUBLIC QUESTION TIME
RECOMMENDATION
Council endorses extension of the Public Question Time in accordance with clause 66.1of the City of Ballarat Local Law No.18 – Meeting Procedure
Resolution
Moved: Cr. Crompton CARRIED
Seconded: Cr. Coltman (R024/16)
QT020/16 Merl Hathaway, Buninyong
Civic Hall – State Government Architects report in the Civic Hall newsletter doubted the success of the Ribbon Library in Concept K. Will Council now rule this option out? Also, Concept A involving Residential options was also doubted by the Architect
Mr Mayor provided a response
QT021/16 Judith Buchanan, Sebastopol
Civic Hall – reports in Courier and Civic Hall website. Victorian Design Panel questioned the viability of the last 5 Design options. Will Council be working on these 5 designs going forward or will they be seeking further options??
Natalie Reiter, General Manager City Strategy provided a response
QT022/16 Judith Buchanan, Sebastopol
Is the process for Community input at and end or will there be further opportunities for input?
Mr Mayor provided a response
QT023/16 Brian Pola, Ballarat (Civic Hall Partnership Group)
Concepts K and L have been discussed a lot with concept L seeming to be the one. But now Council have decided to consider other options. Civic Hall could be cleaned up and renovated to make it Events ready in 6 months….could this be achieved while Long term design is discussed in the background?
Mr Mayor provided a response
QT024/16 Brian Pola, Ballarat (Civic Hall Partnership Group)
Will relevant maintenance be undertaken?
Mr Mayor provided a response
QT025/16 Tony Tyne, Mt Rowan
Future development opportunities to the East of Ballarat. Is Council looking at developing the Eastern side of Ballarat as well as the West??
Natalie Reiter, General Manager City Strategy provided a response
QT026/16 Tony Tyne, Mt Rowan
What are the restrictions/challenges in developing to the East of Ballarat??
Natalie Reiter, General Manager City Strategy provided a response
QT027/16 Frank Williams, Ballarat
12 months ago I raised the question on rate capping and I see Council is now seeking an exemption. Given Councils significant borrowings why do Council need to raise rates higher than the 2.5% rate cap??
Glenn Kaillo, Chief Finance Officer provided a response
QT028/16 Frank Williams, Ballarat
What specific Projects would have to be cut in the Financial year if Council don’t get an exemption and can’t go above rate increase of 2.5%
Mr Mayor provided a response
5.2. PUBLIC REPRESENTATIONS
Mr Garry Fitzgerald registered to make a public representation on Agenda Item 12.6 Freedom Camping Trial
Mr Michael Boatman (representing CFA) registered to make a public representation on Agenda Item 12.1 Proposed planning scheme amendment - Former Rifle Range Site, 209a & 211-23 Elsworth street, Canadian
Mr Hamish Allan (representing Terra Matrix) registered to make a public representation on Agenda Item 12.1 Proposed planning scheme amendment - Former Rifle Range Site, 209a & 211-23 Elsworth street, Canadian
Mr Noel Dobbyn (representing Rifle Range Development) registered to make a public representation on Agenda Item 12.1 Proposed planning scheme amendment - Former Rifle Range Site, 209a & 211-23 Elsworth street, Canadian
Mr Con Alexander (representing Adrianna Khougaz Rifle Range Development) registered to make a public representation on Agenda Item 12.1 Proposed planning scheme amendment - Former Rifle Range Site, 209a & 211-23 Elsworth street, Canadian
Mr Steven Fisher registered to make a public representation on Agenda Item 12.6 Freedom Camping Trial
Mr Grant Tillet registered to make a public representation on Agenda Item 12.5 Major Project Update and 12.6 Freedom Camping Trial
Mr John Barnes registered to make a public representation on Agenda Items 12.4 Essential Services Commission (Rate Capping), 12.5 Major Project Update and 12.13 IPAA Conference approval for Cr. Coltman
Ms Adrienne Cove registered to make a public representation on Agenda Item 12.6 Freedom Camping Trial
6. Motions on Notice (Nil)
7. GENERAL BUSINESS WITHOUT NOTICE
Gb014/16 Cr. Jim Rinaldi – made a statement re the Saleyards Advisory Committee. RIPL are required to construct facilities suitable for purpose. Some of the Agents don’t think they will. Elders and Landmark are shareholders in RIPL and only reason they aren’t against project. I am concerned about ongoing uncertainties. RIPL contract should be null and VOID and it should go back to Council as Committee of Management.
What does contract say about RIPL providing suitable facilities?
Natalie Reiter, General Manager City Strategy provided a response.
TAKEN ON NOTICE
GB015/16 Cr. Belinda Coates – Victorian Government is currently reviewing its Poker Machine Laws, valid for 10years. This is an opportune time for us to push for the $1 machine limits. As we have signed up to Gambling Alliance, can we lodge a last minute submission?
Neville Ivey, General Manager People and Communities provided a response.
Submissions close in a couple of days but we will do our best to get one in.
GB016/16 Cr. Samantha McIntosh – MSS currently being reviewed, perfect opportunity to look at the Infill Development Policy. It needs to be looked at and considered. I would like to see Report come back to Council.
Mr Mayor requested Officers circulate current Policy to Councillors and come back to Assembly to discuss
Natalie Reiter, General Manager City Strategy to provide
GB017/16 Cr. Vicki Coltman – Heritage Awards close this week; a good time to nominate someone.
Do we have a Policy on Lease Terms?
1. I request comprehensive Lease Policy which provides guidance to Council Officers in the evaluation of applications for lease of Council assets. In particular to consider Length of lease to be offered, Commercial or Peppercorn considerations and any other reasonable consideration Council should consider in evaluating an appropriate lease.
2. This should be considered as extremely urgent and as a priority
Moved: Cr. Coltman CARRIED
Seconded: Cr. Crompton (R025/16)
8. COUNCILLOR/DELEGATES’ REPORTS
CD 006/16 Cr. Amy Johnson
Attended – Backyard Tasters on Friday 19th February
- Commerce Ballarat 505
- Begonia Festival Publicity – promoting Kids events
9. Petitions (Nil)
10. Mayor's Report
10.1 MAYOR'S REPORT
Division: Governance
Director: Jason Young
Author/Position: Toni Hewett -
Executive Assistant to Mayor & Councillors
Executive SUMMARY
Mayor’s Report for the period 1 September 2015 to31 December 2015.
RECOMMENDATIONCouncil resolves to:
1. Receive and note the Mayor’s Report for September to December 2015.
Moved: Cr. Hudson CARRIED
Seconded: Cr. Philips (R026/16)
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Council Meeting Minutes 24 February 2016
11. Chief Executive Officer's Report (Nil)
12. Officer Reports
COUNCIL RESOLUTION
Council endorses LATE REPORT 12.14
Resolution
Moved: Cr. Coltman CARRIED
Seconded: Cr. Coates (R027/16)
COUNCIL RESOLUTION
Council endorses bringing forward Agenda Items 12.8 12.9 12.10 12.11
Resolution
Moved: Cr. Coates CARRIED
Seconded: Cr. Coltman (R028/16)
12.8 Update on Harmony Fest 2016
Division: People & Communities
Director: Neville Ivey
Manager Responsible/ Jenny Fink -
Business Unit: Manager Learning & Diversity