Ordinary Council Meeting
08 June 2016
Council Chamber, Town Hall, Sturt Street, Ballarat
AGENDA
Public Copy
Council Meeting Agenda
8 June 2016
NOTICE IS HEREBY GIVEN THAT A MEETING OF BALLARAT CITY COUNCIL
WILL BE HELD IN THE COUNCIL CHAMBER, TOWN HALL, STURT STREET,
BALLARAT ON WEDNESDAY 08 JUNE 2016 AT 7.00PM.
Justine Linley
Chief Executive Officer
AGENDA
ORDER OF BUSINESS:
1. OPENING DECLARATION
Councillors:
Mayor:
“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.”
“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 ABSENCE
3. DECLARATION OF CONFLICTS OF INTERESTS
4. CONFIRMATION OF MINUTES
5. PUBLIC QUESTION TIME & REPRESENTATIONS ON AGENDA ITEMS ....4
NOTE – ALL PUBLIC REPRESENTATIONS WILL BE HEARD
BEFORE EACH ITEM ON THE AGENDA.
6. MOTIONS ON NOTICE (Nil)
7. GENERAL BUSINESS WITHOUT NOTICE
8. COUNCILLOR/DELEGATES’ REPORTS
9. PETITIONS (Nil)
10. MAYOR'S REPORT (Nil)
11. CHIEF EXECUTIVE OFFICER'S REPORT (Nil)
12. OFFICER REPORTS ......................................................................................5
12.1. SEASON OF THE ARTS 2016 AND 2017 PROGRESS REPORT ........5
12.2. INDEPENDENT INQUIRY INTO ENVIRONMENT PROTECTION
AUTHORITY .........................................................................................9
12.3. APPOINTMENT TO AUDIT ADVISORY COMMITTEE.......................14
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Council Meeting Agenda
8 June 2016
13. OUTSTANDING QUESTIONS
13.1 OUTSTANDING QUESTION TIME ITEMS REPORT ..........................16
14. GENERAL BUSINESS - MATTERS ARISING FROM THE AGENDA
15. ITEMS IN CAMERA - CONFIDENTIAL REPORTS .......................................19
15.1. PROVISION OF HACC DELIVERED MEALS PROGRAM .................19
(Contractual matters)
15.2. CONTRACT 2015/16-100 INTERNAL AUDIT SERVICES ...................20
(Contractual matters)
The next Ordinary Meeting of the Ballarat City Council will be held on
Wednesday 22 June 2016.
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Council Meeting
8 June 2016
QUESTION TIME
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Question Time will be for a period of 30 minutes;
Questions submitted must begin with the submitters name and suburb;
No person may submit more than two questions at any one meeting;
If two questions are submitted, the second question may be deferred until all
other questions have been asked, or may not be asked if the time allotted for
public question time has expired;
A question may be disallowed if the Chair determines that it:
o Relates to a matter outside of Councils responsibility;
o Is defamatory, indecent, abusive, offensive, irrelevant, trivial or objectionable
in language or substance;
o Deals with a subject matter already answered;
o Is aimed at embarrassing a Councillor or a member of Council Officers;
o Relates to personnel matters;
o Relates to the personal hardship of any resident or ratepayer;
o Relates to industrial matters;
o Relates to contractual matters;
o Relates to proposed developments;
o Relates to legal advice;
o Relates to matters affecting the security of Council property; and/or
o Relates to any other matter which Council considers would prejudice Council
or any other person.
A Councillor or the Chief Executive Officer may require a question to be put on
Notice. If a question is Taken on Notice, the answer to it must be incorporated
in the Minutes of Council and a written copy of the answer sent to the person
who asked the question; and
A Councillor or the Chief Executive Officer may advise Council that an answer
should be given in a meeting closed to members of the public and why.
PUBLIC SUBMISSIONS
1.
Representatives must register by 4.30pm on the day of a Council meeting by
contacting the City of Ballarat Governance Unit on (03) 5320 5535. No
unregistered Public Representative will be allowed to speak.
2.
The Representative will be given three to five minutes to address the meeting, with
extension of time at the discretion of the Chair.
3.
Any Councillor can ask questions of the Representative.
4.
The Chair may limit the number of Representatives on any particular Agenda Item.
All representations must relate to items on the Agenda and will be heard prior to each
respective Agenda Item.
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Council Meeting Agenda
12.1
8 June 2016
SEASON OF THE ARTS 2016 AND 2017 PROGRESS REPORT
Division:
City Strategy
Director:
James Guy
Author/Position:
James Guy Manager Places and Renewal
RECOMMENDATION
Council resolves to:
1.
Receive the report on progress to date with development of the
‘Season of the Arts (SOTA) 2016 and 2017’ programs.
2.
Note works undertaken on SOTA 2016 and 2017.
3.
Support officers to advance the work to deliver SOTA 2016 and
2017.
EXECUTIVE SUMMARY
Season of the Arts (SOTA) is an event season designed to draw together significant
arts and culture events under the one umbrella, as a cultural package for the City.
Each season seeks to leverage where possible the program of the Art Gallery and
other cultural institutions of Ballarat, which continue to excel in attracting major
exhibitions. The SOTA anchors for 2016-2017 include:
 2016 - Ballarat Exclusive Regional Delivery of Melbourne Spring Fashion
Week; and Archibald Prize
 2017 - Romancing the Skull exhibition at Art Gallery of Ballarat, aligned with
Day of the Dead festival activities and the exhibition and launch of Disney
Pixar’s animated film Coco.
Each of these seasons is planned to be a significant draw card, selected to attract in
excess of 50,000 people to the City. SOTA serves to further develop Ballarat as the
Capital of the West and Cultural Hub for both the Western District and Western
Suburbs, and help leverage significant cultural and economic benefits.
It is recommended Council note the works underway on the Season of the Arts
program for 2016 and 2017, and support the ongoing work to deliver the program.
RATIONALE
This report provides an update on the progress in preparing for Season of the Arts
2016 and beyond.
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Council Meeting Agenda
8 June 2016
Season of the Arts 2016
Planning for the Season of the Arts 2016 is well progressed, and a wide-ranging
program of events is again under development. Key elements of Season of the Arts
2016 include:

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

Melbourne Spring Fashion Festival shows
Ballarat Cabaret Festival
Archibald Prize
Songways Festival
Food and Wine/Eat and Drink events
Archibald Prize (14 October – 27 November) builds on the enormous success of
2015, as Ballarat is again the exclusive Victorian showing. The exhibition will again
involve a range of ancillary events and activities to complement the visitor experience
across the City.
The Exclusive Regional Extension of Melbourne Spring Fashion Week is a major
regional event, and is planned to involve elements including:

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Multiple runway shows
Behind the scenes VIP event
Race-ware brunch
Marketing plan for sponsorship
Trunk Sale program to promote local designers and retail shops in Ballarat
Community education program started with VCE schools
Agricultural focus on Wool and ‘out of the Region’ as a theme
Volunteer program and Internship for local fashion students.
Songways Festival (October) focusses on the vibrancy of regional live music –
particularly the music generated by artists originating in Ballarat and the surrounding
Central Highlands / Goldfields regions. The Festival is a key feature of Ballarat’s
Draft Live Music Strategic Plan. The festival seeks to bring the city to life with
regional music concerts, street performances and masterclasses, positioning Ballarat
as the “birthplace” and “home ground” of some of Australia’s best contemporary
music.
Ballarat Cabaret Festival (4 - 9 October) again promises to entertain theatre
enthusiasts with a great national line-up and local performers.
Season of the Arts 2017
The City of Ballarat are also preparing a major international exhibition and festival
(October – December 2017) which will have great interstate and international
audience appeal. Ballarat will host a season of exclusive opportunities for Australia to
participate in one of the world’s most fascinating cultural events.
Romancing the Skull will explore representations of the skull in the Dance of Death
of the Middle Ages, Renaissance memento mori, the origins of Halloween and the
elaborate, beautiful and often bizarre Dia De los Muertos (Day of the Dead) festivals
of Latin America. The Art Gallery of Ballarat (AGB) have secured a comprehensive
collection of Jose Guadalupe Posada from the Posada Art Foundation in San
Francisco. This is a major achievement for Australia, and will be the first time these
works have exhibited here. Additional other major international artists who have used
skull and skeletal imagery to explore death and mortality will also be central to the
exhibition.
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Council Meeting Agenda
8 June 2016
These collections create an incredible opportunity for the Art Gallery of Ballarat to
obtain a major interstate and international audience. As a theme, death has immense
appeal, and will very likely fascinate a wide range of people of all ages. ‘Romancing
the Skull’ coincides with Halloween and Day of the Dead, and so opportunities for
events and activities linked to these festivals are currently being pursued.
The City of Ballarat is investigating a Day of the Dead Festival to complement and
widen the reach and offering of the ‘Romancing the Skull’ exhibition.
The festival plans include:
 Activities involving Disney Pixar’s release of new Day of the Dead feature film
“Coco”
 A Day of the Dead parade and costumed street party
 Gallery tattoo parlour and tattoo convention
 Hallows Eve Masquerade Ball
 Dia de Muertos Cosplay Events
 Death Cafes
 Mexican Food fiestas and tequila events featuring mariachi bands
 Workshops and symposiums supported by an international curatoriums
 Street artist, mural commissions and a national acquisition prize
This concept has immense appeal for younger audiences but it will also fascinate a
very wide range of people of all ages. The 100 day long Romancing the Skull
exhibition and Day of the Dead Festival will be major drawcards to Ballarat and the
wider region, and make a significant economic contribution.
The options open to Council are:
1. Note the works underway on SOTA 2016 and 2017, and support officers to
advance the program.
2. Reject the recommendation and seek alternative funding and delivery
arrangements for the SOTA program.
LEGISLATION, COUNCIL PLAN, STRATEGIES AND POLICY IMPACTS
 Charter of Human Rights Act 2006;
 Victorian Charter of Human Rights and Responsibilities Act 2006; and
 City of Ballarat Council Plan 2013-2017.
Alignment with Council Plan 2013-2017
SOTA supports the following elements of the Ballarat Council Plan (2013-2017)
 Strategy 3.5: Promote and support Ballarat as a vibrant tourist destination.
 Action 3.5.1 – Market Ballarat as a premium tourist destination
 Action 3.5.4 – Deliver a tourism events program for Ballarat
 Action 3.5.5 – Deliver best practice tourism attraction and retention
activities
 Action 3.5.6 – Attract, support and deliver major community events
including Begonia Festival, Heritage Weekend and Christmas
celebrations.
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Council Meeting Agenda
8 June 2016
Ballarat Council Plan Review 2016 specifically notes for Action 3.5.5 for 2016/17
Implement new Season of the Arts (SOTA) program leveraging the benefits of the
Archibald Prize.
REPORTING AND COMPLIANCE STATEMENTS
Implications
Human Rights
Social/Cultural
Environmental/Sustainability
Economic
Financial/Resources
Risk Management
Implementation and Marketing
Evaluation and Review
Considered in Report?
No
Yes
No
Yes
Yes
No
No
No
Implications identified?
No
No
No
No
No
No
No
No
Social/Cultural - It is important to the social fabric of Ballarat our community have
opportunities to engage with arts and culture and align ‘Ballarat’ with rich cultural
experiences.
Economic - The City of Ballarat commissioned an economic impact review for the
event and the work indicates the 100 day long Romancing the Skull exhibition and
Day of the Dead Festival could increase Gross State Product by between $8m- $15
million. Visitors to ‘Season of the Arts’ events and activities over multiple years
generates significant economic activity.
Financial/Resources – The delivery of SOTA events for 2016 and 2017 will be
sourced from within existing Council budgets, or with the support of grants and other
funding streams which may be available.
CONSULTATION
Stakeholder engagement has been articulated in the report.
OFFICER’ DECLARATIONS OF INTEREST
Council Officers affirm that no direct or indirect interests need to be declared in
relation to the matter of this Report.
ATTACHMENTS
There are no attachments for this report.
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Council Meeting Agenda
12.2
8 June 2016
INDEPENDENT INQUIRY INTO ENVIRONMENT PROTECTION
AUTHORITY
Division:
City Services
Director:
Terry Demeo
Author/Position:
Terry Demeo General Manager, City Services
RECOMMENDATION
Council resolves to:
1.
Note the report and recommendations of the Independent Inquiry into
the Environment Protection Authority.
2.
Continue to engage in the legislative review and modernisation process
of the Environment Protection Authority.
EXECUTIVE SUMMARY
The Environment Protection Authority (EPA) was established in 1971 as one of the
first environment protection agencies in the world. It has served Victoria well in
managing emissions and pollution during an unprecedented growth phase of
Victoria.
The legislative framework which facilitates the Environment Protection Authority
(EPA) work and the organisational structure/operations requires modernisation. The
State Government appointed three individuals to undertake an independent inquiry
into the EPA and related legislation. The inquiry undertook extensive consultation
with stakeholders to gain an understanding of the current challenges facing the
Authority.
The independent inquiry have handed their report to government with 48
recommendations to inform government’s next actions in relation to the
modernisation of the Authority.
It is considered that the report provides an excellent foundation for this further
government review. There will be a necessity for legislative change and Council will
have opportunities to input into regulatory impact statements and other processes as
this modernisation of the State’s Environment Protection Agency and related legal
framework is reviewed.
It is recommended that Council note the report and resolve to remain involved in the
process.
RATIONALE
The Environment Protection Authority (EPA) was established in 1971 in Victoria
supported by the Environment Protection Act, being one of the first environment
protection agencies established in the world. It has served Victoria well during an
unprecedented period of growth.
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Council Meeting Agenda
8 June 2016
The context of the broader environment in which the agency operates and
necessitates for legislation to reflect this significantly altered context was recognised
by the State Government with the appointment of an independent inquiry to review
the operations of the EPA and related legislation. The contextual change can be
summarised as follows:
The inquiry was a far reaching exercise, involving significant consultation across
major stakeholder groups, with the City of Ballarat Councillors and Officers provided
a number of opportunities to engage in the process. The inquiry was chaired by
Penny Armytage and the other members of the inquiry were Jane Brockington,
Deputy Chair, and Janice van Reyk.
The consultation dealt with the high level public expectation of an environment
protection agency and further delved into detail around explicit operations of the
agency and relevant legislation.
The importance of and public expectation of an environment protection authority was
highlighted with a 90+% response to broad consultation requiring a strong
Environment Protection Authority.
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Council Meeting Agenda
8 June 2016
Having undertaken further detailed consultation with key stakeholders, the Agency
has made 48 recommendations in a report which is in excess of 400 pages. The
following recommendations are highlighted in a summary document prepared by the
inquiry itself:
 A strengthened EPA governance structure to make the EPA an independent
statutory authority with a seven member Board, and a Science, Engineering
and Health subcommittee.
 An improved funding model to provide greater revenue certainty and stability,
and development of a business case for increased resources for the EPA.
 A clarified role for the EPA as a science-based regulator with a consolidated
environmental health capability for Victoria within EPA and a legislated Chief
Environmental Scientist position within EPA's senior executive structure.
 An overhaul of the Environment Protection Act 1970, including a general
preventative duty to protect the Victorian environment that will strengthen
prevention and minimise harm from waste and pollution.
 Development of a prosecution strategy for the EPA and a broader and
stronger range of penalties and sanctions.
 Improved coordination and collaboration across government on environment
protection and associated public health issues through the establishment of a
new Environment Protection (Integration and Coordination) Act.
 A strengthened role for EPA in mining regulation.
 Clarification of the EPA's role in greenhouse gas regulation.
 Confirming the EPA's role as a technical advisor in emergency management.
 A requirement for EPA to be involved early in strategic planning processes
and the development of strengthened land use planning mechanisms to
better manage and address conflicting land uses.
 Establishment of a new state wide network of local government environment
protection officers to address localised pollution and waste complaints,
appropriately authorised under the Environment Protection Act 1970.
 A review of the adequacy of EPA's air and water monitoring networks,
particularly in relation to air quality, and options to improve data sharing and
accessibility, and community communications.
 Develop, through DELWP, a whole of government approach to environmental
justice.
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Council Meeting Agenda
8 June 2016
The importance of a modernised Environment Protection Authority is extremely
relevant to the City of Ballarat which interfaces regularly with the Authority across our
environmental health responsibilities, and particularly in respect to the management
of our current landfill, and historic landfill sites.
A key recommendation which resulted from discussion and consultation with local
government in particular was the improved definition of EPA and local government
responsibilities to improve the functionality of Council and State Government’s dual
responsibility around pollution abatement, noise complaints, and the like. The
recommendation is to provide for locally resourced EPA Officers that can
appropriately address the current challenges which are shared across the EPA and
Councils in respect to this day to day enforcement activity.
The government has received the independent inquiry and is considering the report
in determining the next course of action in relation to the modernisation of the
Agency itself and the legislative framework that supports its operation.
It is recommended that Council notes the report and commits to ongoing
engagement in this process.
LEGISLATION, COUNCIL PLAN, STRATEGIES AND POLICY IMPACTS
 Charter of Human Rights Act 2006;
 Victorian Charter of Human Rights and Responsibilities Act 2006; and
 City of Ballarat Council Plan 2013-2017.
REPORTING AND COMPLIANCE STATEMENTS
Implications
Human Rights
Social/Cultural
Environmental/Sustainability
Economic
Financial/Resources
Risk Management
Implementation and Marketing
Evaluation and Review
Considered in Report?
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Implications identified?
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Human Rights – The broader Human Rights associated with this legislative and
organizational change will need to be taken into consideration at the State
Government level as part of the implementation phase.
Social/Cultural – A strong Environment Protection Authority which manages
emissions and the inevitable pollution associated with a modern society is essential
to support a socially and culturally diverse and sophisticated society, which is clearly
recognised in the consultation that was undertaken as part of the independent
inquiry.
Environmental/Sustainability – Again, a modern and flexible Environment
Protection Authority and related legislation is clearly an underpinning necessity to
deliver a sustainable environment moving forward. To this end, it is recommended
that the Council support the ongoing process to implement the recommendations of
the independent inquiry.
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Council Meeting Agenda
8 June 2016
Economic – The effective management of environmental issues underpins a wellmanaged economy. On this basis, it is again recognised that the implementation of
the inquiry recommendations is an essential step in establishing a modern
Environment Protection Authority to support a diverse and growing economy.
Financial/Resources – There are no specific financial implications in the Council
supporting the further implementation of the inquiry recommendations. However, a
more effective and modern EPA to address processes and practices that are less
than ideal at this point for local government will deliver enhanced outcomes for the
financial and resourced position of Council.
Risk Management – A detailed risk management process will be undertaken at
State level as part of the implementation of the inquiry recommendations, and
Council will have an opportunity to engage in this process via regulatory impact
statement input.
Implementation/Marketing – No requirement for Council’s explicit marketing of the
inquiry findings is considered necessary.
Evaluation and Review – As indicated earlier, the implementation of the inquiry
findings is a detailed process, which government will commence in due course.
CONSULTATION
There was obviously very detailed consultation undertaken as part of the inquiry,
which is considered to be reflected in the report and recommendations of the inquiry.
OFFICER’ DECLARATIONS OF INTEREST
Council Officers affirm that no direct or indirect interests need to be declared in
relation to the matter of this Report.
REFERENCE DOCUMENTS
 Independent Inquiry into the Environment Protection Authority - report dated
2016;
ATTACHMENTS
There are no attahcments for this report.
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Council Meeting Agenda
12.3
8 June 2016
APPOINTMENT TO AUDIT ADVISORY COMMITTEE
Division:
Business Services
Director:
Glenn Kallio
Author/Position:
Lorraine Sendall Executive Assistant - Chief Financial Officer
RECOMMENDATION
The proposed recommendation officers shall present to Council is that
Council:
1.
Re-appoint Mr Michael Porter to the Audit Advisory Committee for a
further three years commencing 28 June, 2016 and concluding on 27
June, 2019.
EXECUTIVE SUMMARY
This report provides a recommendation for Council to appoint a current serving
member to Council’s Audit Advisory Committee for a three year term commencing
28 June 2016 and concluding on 27 June 2019.
RATIONALE
The Audit Advisory Committee is a formally appointed Committee responsible to the
Council. Its role is to report to Council and provide appropriate advice and
recommendations on matters relative to its Charter.
Mr Michael Porter was appointed to the Committee by Council from 27 June, 2013
and his term is due to conclude on 27 June, 2016. Under the terms of the Audit
Advisory Committee Terms of Reference, Mr Porter is eligible to be reappointed to
the Committee for a further three years if Council so desires without advertising the
position.
Council is required to fill the vacancy on the Audit Advisory Committee to conform
with the Terms of Reference which states that there must be four independent
members. If this position was not filled it may compromise the working ability of the
Audit Advisory Committee.
LEGISLATION, COUNCIL PLAN, STRATEGIES AND POLICY IMPACTS
Audit Advisory Committee Terms of Reference – Clause 3(b) which states:3(b) Appointments of external/independent persons shall be made by way of a
public advertisement and be for a term of three years. Council has the option
of inviting interested members to serve consecutive terms and in this case it
would not be necessary for the position to be publicly advertised.
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Council Meeting Agenda
8 June 2016
REPORTING AND COMPLIANCE STATEMENTS
Implications
Human Rights
Social/Cultural
Environmental/Sustainability
Economic
Financial/Resources
Risk Management
Implementation and Marketing
Evaluation and Review
Considered in Report?
No
No
No
No
Yes
Yes
No
No
Implications identified?
No
No
No
No
Yes
Yes
No
No
Financial/Resources – Independent members are paid a sitting allowance of $400
each per meeting with the Chairperson receiving an extra $100 per meeting.
Risk Management – Under the Terms of Reference of the Committee, the
Committee must be made up of Four independent members and three Councillors, of
which one Councillor is the Mayor of the day. If this position was not filled, then
Council would be in breach of the Terms of Reference.
OFFICER’ DECLARATIONS OF INTEREST
Council Officers affirm that no direct or indirect interests need to be declared in
relation to the matter of this Report.
REFERENCE DOCUMENTS
 City of Ballarat Terms of Reference – Audit Advisory Committee.
ATTACHMENTS
There are no attachments for this report.
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Council Meeting Agenda
13.1
8 June 2016
OUTSTANDING QUESTION TIME ITEMS REPORT
Division:
Governance & Council Services
Director:
Jason Young
Author/Position:
Sarah Anstis Governance Officer
RECOMMENDATION
Council resolves to:
1.
Endorse the Outstanding Question Time Items Report.
EXECUTIVE SUMMARY
This Report provides Council with an update of responses to questions taken on
notice and outstanding unanswered questions from Council Question Time.
RATIONALE
The City of Ballarat Local Law No. 18 - Meeting Procedure calls for a standard
Agenda Item at each Council meeting that reflects unanswered questions from public
question time (refer to attachment 1).
LEGISLATION, COUNCIL PLAN, STRATEGY AND POLICY IMPLICATIONS
 City of Ballarat Local Law No. 18 - Meeting Procedure.
OFFICERS’ DECLARATION OF INTERESTS
Council Officers affirm that no direct or indirect interests need to be declared in
relation to the matter of this Report.
ATTACHMENTS
1
2
Outstanding Question Time Items
QT54/16 - Mr. John Barnes
16
Attachment 1
Outstanding Question Time Items
Attachment 1 - Outstanding Question Time Items
Page 17
Attachment 2
QT54/16 - Mr. John Barnes
Attachment 2 - QT54/16 - Mr. John Barnes
Page 18
Confidential Council Meeting Agenda
15.1
8 June 2016
PROVISION OF HACC DELIVERED MEALS PROGRAM
Division:
People & Communities
Director:
Neville Ivey
Author/Position:
Ann Pitt Manager Community Care & Access
(Contractual matters)
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Confidential Council Meeting Agenda
15.2
8 June 2016
CONTRACT 2015/16-100 INTERNAL AUDIT SERVICES
Division:
Business Services
Director:
Glenn Kallio
Author/Position:
Lorraine Sendall Executive Assistant - Chief Financial Officer
(Contractual matters)
20