ordinary council minutes - city of boroondara · ordinary council minutes (open to the public)...

ORDINARY COUNCIL

MINUTES (Open to the public) Monday 11 December 2017 Council Chamber, 8 Inglesby Road, Camberwell. Commencement 6.34pm Attendance Councillor Jim Parke (Mayor)

Councillor Jane Addis Councillor Phillip Healey Councillor Lisa Hollingsworth Councillor Steve Hurd Councillor Coral Ross Councillor Felicity Sinfield Councillor Cynthia Watson Councillor Jack Wegman

Apologies Councillor Garry Thompson (Leave of absence) Officers Phillip Storer Chief Executive Officer Shiran Wickramasinghe Director City Planning Marilyn Kearney Director Corporate Services Carolyn McClean Director Community Development Bruce Dobson Director Environment and

Infrastructure Andrew Birks Acting Executive Manager

Communications & Customer Experience

Andrew Mackinnon Group Manager Parks and Infrastructure

Greg Hall Chief Financial Officer Helen Molnar Manager Community Planning &

Development Charles Turner Manager Projects & Strategy Adam Hall Manager Environment and

Sustainable Living Chris Hurley Manager Commercial & Property

Services David Thompson Manager Governance Fiona Brown Senior Coordinator Community

Strengthening Mathew Dixon Coordinator Environmental

Sustainability John Lorkin Coordinator Revenue and Property Lucinda Bakhach Team Leader Economic

Development Rebecca Dewar Senior Property Management Officer Elizabeth Manou Governance Projects Officer

Adoption and confirmation of the minutes Moved Councillor Watson Seconded Councillor Sinfield That the minutes of the Ordinary Council meeting held on 27 November 2017 be adopted and confirmed. CARRIED

Council Meeting Minutes 11/12/17

City of Boroondara Page 3

Table of contents

1. Declaration of conflict of interest of any councillor or council officer 4

2. Deputations, presentations, petitions and public submissions 4

3. Assemblies of councillors 4

4. Public question time 4

5. Notices of motion 4

6. Presentation of officer reports

1 October 2017 Monthly Financial Report 5

2 Greythorn Shopping and Business Centre - Marketing and Business Development Fund 6

3 Ashburton Shopping and Business Centre - Marketing and Business Development Fund 10

4 Maling Road Junction Shopping and Business Centre - Marketing and Business Development Fund 14

5 Contract 2017/148 Establishment and Operation of a Neighbourhood House and Lead Tenancy - North East Community Hub 18

6 Shade Policy 19

7 Council Assets - Leasing and Licensing Policy 24

8 Sale of land - Kew Residential Development 20

9 Tree Strategy 2017 25

10 Contract 2018/8 - Hawthorn Arts Centre - Refurbishment Works 21

11 Contract 2018/99 - Drainage Design Services - Panel of Consultants 22

12 Contract 2018/7 - Markham Reserve Pavilion Redevelopment 23

13 Energy Performance Contract - Award of Contract 26

7. General business

GB1 Yarra Boulevard Community Meeting - 6 December 2017 27

GB2 Multicultural Carols Service - 10 December 2017 27

GB3 Condolences to the family of John Frewen 27

GB4 Leave of Absence - Councillor Hollingsworth (18 December 2017) 28

GB5 Grace Park Community Carols - 10 December 2017 28

GB6 O Bikes 28

8. Urgent business 28

9. Confidential business 28



1. Declaration of conflict of interest of any councillor or council officer Refer to Item GB4 of General Business. 2. Deputations, presentations, petitions and public submissions Nil 3. Assemblies of councillors Section 80A of the Local Government Act 1989 requires that a written record of all Assemblies of Councillors be kept and reported to an ordinary Council meeting as soon as practicable. The attached record of Assemblies of Councillors (Attachment 1) is reported to Council in accordance with this requirement. MOTION Moved Councillor Hollingsworth Seconded Councillor Sinfield That Council resolve to receive and note the record of Assemblies of Councillors, as annexed to the minutes. CARRIED 4. Public question time Nil 5. Notices of motion Nil



6. Presentation of officer reports Procedural motion MOTION Moved Councillor Hurd Seconded Councillor Healey That the following items: 1 October 2017 Monthly Financial Report 2 Greythorn Shopping and Business Centre - Marketing and Business

Development Fund 3 Ashburton Shopping and Business Centre - Marketing and Business

Development Fund 4 Maling Road Junction Shopping and Business Centre - Marketing and

Business Development Fund 5 Contract 2017/148 Establishment and Operation of a Neighbourhood

House and Lead Tenancy - North East Community Hub 6 Shade Policy 8 Sale of land - Kew Residential Development 10 Contract 2018/8 - Hawthorn Arts Centre - Refurbishment Works 11 Contract 2018/99 - Drainage Design Services - Panel of Consultants 12 Contract 2018/7 - Markham Reserve Pavilion Redevelopment be moved en bloc as per the officers' recommendations outlined in the agenda. CARRIED

1 October 2017 Monthly Financial Report The Monthly Financial Report for October 2017 is designed to identify and explain any major variances to budget at an organisational level for the period ending 31 October 2017. Council’s year to date net operating surplus of $131.52 million is due to the striking of full year annual rates in August 2017. The surplus result will reduce over the course of the year as Council delivers services to the community. In addition, the favourable result against year to date budget of $4.74 million or 4% is due to timing differences for income and expenditure across Council. Refer to Section 2 of Attachment 1 for details on Council's financial performance.



Capital works actual expenditure is $14.07 million compared to a year to date budget of $15.84 million. Priority projects expenditure of $2.16 million was achieved, which is $47,000 below budget phasing. Council's Balance Sheet and cash position are sound and depict a satisfactory result. At the end of October, Council's cash position stood at $122.64 million or $2.65 million below year to date budget. This represents an increase of $8.03 million from 30 June 2017 due to cash inflows primarily from the first rate instalment and full year payments by residents wishing to receive the early rate payment discount. These movements are within predicted parameters and no change to Councils budget is foreshadowed. MOTION Moved Councillor Hurd Seconded Councillor Healey That Council resolve to receive and note the Monthly Financial Report for October 2017 (Attachment 1). CARRIED

2 Greythorn Shopping and Business Centre - Marketing and Business Development Fund

This report seeks a resolution from Council to introduce and give public notice of its intention to declare the Greythorn Special Rate and Charge (proposed Scheme renewal) as required under Section 163 of the Local Government Act 1989 (the Act). The current five year special rate and charge scheme will expire on 30 June 2018 and the Greythorn Traders Association (GTA) has requested that Council introduce a special rate and charge for the Greythorn Shopping and Business Centre (Centre) to apply for five years from 1 July 2018 to 30 June 2023 (inclusive). The proposed Scheme renewal, if declared by Council, will support the Centre in achieving the vision and actions outlined in the Greythorn Strategic Plan 2018-2023 (Strategic Plan), (Attachment 1) and ensure that it is well placed to respond to ongoing competition from other centres as well as pressures for growth and development, helping the Centre to remain competitive and viable into the future. The special rate and charge is to be levied on all rateable land primarily used or adapted or designed to be used for commercial purposes within the Greythorn Shopping and Business Centre. A plan of the proposed Scheme area is shown in Attachment 3.There are currently 73 rateable properties included in the proposed Scheme area. Further details of the proposed Scheme renewal are outlined in Attachment 4. In summary the following is proposed: a rate of 0.112 cents in the dollar of the Capital Improved Value (CIV) will be

levied on each rateable property in the proposed Scheme.



Ground and upper level properties will be subject to a minimum charge of $415

per annum. No maximum charge per occupancy. Consumer Price Index (CPI) will be applied on 1 July each year after the Scheme

commences to the rate in the dollar and minimum charge. The GTA Committee has been actively involved in the formulation of the proposed Scheme renewal and has considered the needs of the Centre and the current economic climate in striving to minimise costs to businesses and property owners associated with delivering the marketing and promotion program for the Centre. The proposed Scheme renewal, if declared, is anticipated to raise approximately $63,500 in the first year with a total levy of approximately $317,500 expected over five years. The amount levied is likely to increase each year given the application of the CPI to the rate in the dollar and the minimum charges, along with likely increases in the Capital Improved Value (CIV) of rateable properties over the life of the proposed Scheme. MOTION Moved Councillor Hurd Seconded Councillor Healey That Council resolve to: 1. Receive and note the request from the Greythorn Traders Association

(GTA) to commence the statutory process for the proposed declaration of a Special Rate and Charge for a Marketing and Business Development Fund for the Greythorn Shopping and Business Centre (the Centre) for five years, commencing 1 July 2018.

2. Give notice of its intention to declare a Special Rate and Charge for the

Centre in accordance with Section 163 of the Local Government Act 1989 as follows:

(a) a Greythorn Special Rate and Charge be declared for a period of

five years commencing on 1 July 2018 and concluding on 30 June 2023.

(b) the Greythorn Special Rate and Charge be: (i) declared for the purpose of defraying expenses of

advertising, promotion, centre management, business development and other incidental expenses associated with the encouragement of commerce in the Centre, which Council considers is or will be of special benefit to those persons required to pay the Greythorn Special Rate and Charge; and

(ii) implemented by carrying out or enabling to be carried out

activities that help achieve the purpose (the function);



(c) the following be specified as the manner in which the Greythorn

Special Rate and Charge so declared will be assessed and levied:

A rate of 0.112 cents in the dollar of the Capital Improved

Value (CIV) will be levied on each rateable property in the proposed Scheme.

Ground and upper level properties will be subject to a minimum charge of $415 per annum.

No maximum charge per occupancy. CPI will be applied on 1 July each year after the Scheme

commences to the rate in the dollar and minimum charge.

The quantum of the rate in the dollar of the CIV of each property in the area, and the quantum of the minimum charges, will be adjusted on 1 July 2019 and on each anniversary of that date by the March quarter CPI (All Groups, Melbourne) during the 12 months preceding the end of that March quarter.

The CIV of each parcel of rateable land is the CIV of that parcel of land at the time of levying the special rate and charge in each year. The CIV may alter during the period in which the special rate and charge is in force, reflecting any revaluations and supplementary valuations which take place.

(d) the following be specified as the area for which the special rate

and charge is so declared: the area highlighted in the plan annexed to this report (the area).

For the purposes of this paragraph, the area can be described generally as follows:

Ground level properties and upper level properties in the area comprising:

Doncaster Road

from Sylvander Street to Trentwood Avenue (odd numbers only);

from Harrington Avenue to 308 Doncaster Road (even numbers only), and

as well as properties in arcades. Sylvander Street (odd numbers only) Tannock Street, Centreway, Agnes Avenue and Harrington Avenue.

(e) the following be specified as the land in relation to which the Greythorn Special Rate and Charge is so declared:

all land within the Scheme area primarily used, or adapted or designed to be used, for commercial purposes.



(f) the following be specified as the total amount of performing the

function and the total amount of the special rate and charge to be levied: the amount of approximately $63,500 in the first year of the scheme with a total amount of approximately $317,500 over the five years of the scheme having regard to adjustments in the CIV of the rateable properties and the application of CPI to the rate in the dollar and minimum charges as described in paragraph 2(c) of this resolution or such other amount as is lawfully levied as a consequence of this resolution.

(g) for the purposes of section 163(2B) of the Local Government

Act 1989, the benefit ratio, being the estimated proportion of the total benefits of the scheme to which the performance of the function or the exercise of the power relates (including all special benefits and community benefits) that will accrue as special benefits to all of the persons who are liable to pay the special rate and charge, is 100%, as the community benefit is considered to be nil.

(h) the following be specified as the criteria to be used as the basis

for levying the special rate and charge: ownership of any land described in paragraph 2(e) of this resolution.

(i) the owners of the land described in paragraph 2(e) of this

resolution will, subject to further resolution of Council, pay the special rate and charge in the following manner: on the same date or dates as Council's general rates are due.

(j) Council will, subject to the Local Government Act 1989, require

a person to pay interest on any special rate and charge which that person is liable to pay and has not been paid by the date specified for its payment.

3. That Council records the reasons for the proposed declaration is

because in Council's opinion the Greythorn Special Rate and Charge is or will be of special benefit to the persons required to pay it and is an exercise of its powers and functions in the best interests of the local community and for the peace, order and good government of its municipal district.

4. Direct public notice of the proposed declaration of the Greythorn

Special Rate and Charge be published in the local Progress Leader newspaper, and that written notice also be given to each person who will be liable to pay the special rate and charge generally as set out in the Public Notice and Letter to those liable to pay that are annexed to this report.

5. Consider any submissions and objections received by Council in

accordance with sections 163A, 163B and 223 of the Local Government Act 1989 at the Council meeting on Monday 23 April 2018 or such other date as Council subsequently determines.

CARRIED



3 Ashburton Shopping and Business Centre - Marketing and Business Development Fund

This report seeks a resolution from Council to introduce and give public notice of its intention to declare the Ashburton Special Rate and Charge (proposed Scheme renewal) as required under Section 163 of the Local Government Act 1989 (the Act). The current five year special rate and charge scheme will expire on 30 June 2018 and the Ashburton Shopping Traders Association (ASTA) has requested that Council introduce a special rate and charge for the Ashburton Shopping and Business Centre (Centre) to apply for five years from 1 July 2018 to 30 June 2023 (inclusive). The proposed Scheme renewal, if declared by Council, will support the Centre in achieving the vision and actions outlined in the Ashburton Strategic Plan 2018-2023 (Strategic Plan), (Attachment 1) and ensure that it is well placed to respond to ongoing competition from other centres as well as pressures for growth and development, helping the Centre to remain competitive and viable into the future. The special rate and charge is to be levied on all rateable land primarily used or adapted or designed to be used for commercial purposes within the Ashburton Shopping and Business Centre. A plan of the proposed Scheme area is shown at Attachment 3. There are currently 142 rateable properties included in the proposed Scheme area. Further details of the proposed Scheme renewal are outlined in Attachment 4. In summary the following is proposed: A rate of 0.05 cents in the dollar of the Capital Improved Value (CIV) will be

levied on each rateable property in the proposed Scheme. Ground level properties will be subject to a minimum charge of $550 per annum

and maximum of $2,500 per annum with the exception of ground level properties fronting Welfare Parade and Ashburn Grove where a lower minimum charge of $300 per annum and maximum of $400 per annum applies.

All upper level properties will be subject to a minimum charge of $300 and maximum of $400 per annum.

Consumer Price Index (CPI) will be applied on 1 July each year after the Scheme commences to the rate in the dollar and minimum charge.

The ASTA Committee has been actively involved in the formulation of the proposed Scheme renewal and has considered the needs of the Centre and the current economic climate in striving to minimise costs to businesses and property owners associated with delivering the marketing and promotion program for the Centre. The proposed Scheme renewal, if declared, is anticipated to raise approximately $86,500 in the first year with a total levy of approximately $432,500 expected over five years. The amount levied is likely to increase each year given the application of the CPI to the rate in the dollar and the minimum charges, along with likely increases in the Capital Improved Value (CIV) of rateable properties over the life of the proposed Scheme. Separate to this, the ASTA is expecting to generate alternative sources of income of approximately $11,500 per annum (such as from festivals, sponsorships and funding programs).



MOTION Moved Councillor Hurd Seconded Councillor Healey That Council resolve to: 1. Receive and note the request from the Ashburton Shopping Traders

Association (ASTA) to commence the statutory process for the proposed declaration of a Special Rate and Charge for a Marketing and Business Development Fund for the Ashburton Shopping and Business Centre (the Centre) for five years, commencing 1 July 2018.



(a) a Ashburton Special Rate and Charge be declared for a period

of five years commencing on 1 July 2018 and concluding on 30 June 2023.

(b) the Ashburton Special Rate and Charge be: (i) declared for the purpose of defraying expenses of

advertising, promotion, centre management, business development and other incidental expenses associated with the encouragement of commerce in the Centre, which Council considers is or will be of special benefit to those persons required to pay the Ashburton Special Rate and Charge; and


activities that help achieve the purpose (the function); (c) the following be specified as the manner in which the

Ashburton Special Rate and Charge so declared will be assessed and levied: a rate of 0.05 cents in the dollar of the Capital Improved

Value (CIV) will be levied on each rateable property in the proposed Scheme.

Ground level properties will be subject to a minimum charge of $550 per annum and maximum of $2,500 per annum with the exception of ground level properties fronting Welfare Parade and Ashburn Grove where a lower minimum charge of $300 and maximum of $400 per annum applies.

All upper level properties will be subject to a minimum charge of $300 per annum and maximum of $400 per annum.

Consumer Price Index (CPI) will be applied on 1 July each year after the Scheme commences to the rate in the dollar and minimum charge.



The quantum of the rate in the dollar of the CIV of each property in the area, and the quantum of the minimum charges, will be adjusted on 1 July 2019 and on each anniversary of that date by the March quarter Consumer Price Index (All Groups, Melbourne) (CPI) during the 12 months preceding the end of that March quarter.

The CIV of each parcel of rateable land is the CIV of that parcel of land at the time of levying the special rate and charge in each year. The CIV may alter during the period in which the special rate and charge is in force, reflecting any revaluations and supplementary valuations which take place.




Ground level and upper level properties in the area comprising:

High Street from Johnston Street to Carool Road (odd numbers only) from Highgate Grove to Morotai Avenue (even numbers

only) Highgate Grove (odd numbers only) as well as properties in arcades.

Ground level properties: minimum of $550 per annum and maximum of $2,500 per annum Upper level properties: minimum of $300 per annum and maximum of $400 per annum Except for properties with frontage in Welfare Parade and Ashburn Grove: Ground level and upper level properties: minimum of $300 per annum and maximum of $400 per annum.

(e) the following be specified as the land in relation to which the

Ashburton Special Rate and Charge is so declared:



function and the total amount of the special rate and charge to be levied: the amount of approximately $86,500 in the first year of the scheme with a total amount of approximately $432,500 over the five years of the scheme having regard to adjustments in the CIV of the rateable properties and the application of CPI to the rate in the dollar and minimum charges as described in paragraph 2(c) of this resolution or such other amount as is lawfully levied as a consequence of this resolution.












because in Council's opinion the Ashburton Special Rate and Charge is or will be of special benefit to the persons required to pay it and is an exercise of its powers and functions in the best interests of the local community and for the peace, order and good government of its municipal district.

4. Direct public notice of the proposed declaration of the Ashburton



accordance with sections 163A, 163B and 223 of the Local Government Act 1989 at the Council meeting on Monday 23 April 2018 or such other date as Council subsequently determines.

CARRIED



4 Maling Road Junction Shopping and Business Centre - Marketing and Business Development Fund

This report seeks a resolution from Council to introduce and give public notice of its intention to declare the Maling Road Special Rate and Charge (proposed Scheme renewal) as required under Section 163 of the Local Government Act 1989 (the Act). The current five year special rate and charge scheme will expire on 30 June 2018 and the Maling Road Business Association (MRBA) has requested that Council introduce a special rate and charge for the Maling Road Shopping and Business Centre (Centre) to apply for five years from 1 July 2018 to 30 June 2023 (inclusive). The proposed Scheme renewal, if declared by Council, will support the Centre in achieving the vision and actions outlined in the Maling Road Strategic Business Plan 2018-2023 (Strategic Plan), (Attachment 1) and ensure that it is well placed to respond to ongoing competition from other centres as well as pressures for growth and development, helping the Centre to remain competitive and viable into the future. The special rate and charge is to be levied on all rateable land primarily used or adapted or designed to be used for commercial purposes within the Maling Road Shopping and Business Centre. A plan of the proposed Scheme area is shown in Attachment 3. There are currently 80 rateable properties included in the proposed Scheme area. Further details of the proposed Scheme renewal are outlined in Attachment 4. In summary the following is proposed: A rate of 0.08422 cents in the dollar of the Capital Improved Value (CIV) will be

levied on each rateable property in the proposed Scheme. Ground level properties will be subject to a minimum charge of $736 and

maximum of $1,021 per annum. All upper level properties will be subject to a minimum charge of $446 and

maximum of $578 per annum. Consumer Price Index (All Groups Melbourne) (CPI) will be applied on 1 July

each year after the Scheme commences to the rate in the dollar and the minimum and maximum charges.

The MRBA Committee has been actively involved in the formulation of the proposed Scheme renewal and has considered the needs of the Centre and the current economic climate in striving to minimise costs to businesses and property owners associated with delivering the marketing and promotion program for the Centre. The proposed Scheme renewal, if declared, is anticipated to raise approximately $66,787 in the first year with a total levy of approximately $334,000 expected over five years. The amount levied is likely to increase each year given the application of the CPI to the rate in the dollar and the minimum charges, along with likely increases in the Capital Improved Value (CIV) of rateable properties over the life of the proposed Scheme.



MOTION Moved Councillor Hurd Seconded Councillor Healey That Council resolve to: 1. Receive and note the request from the Maling Road Business

Association (MRBA) to commence the statutory process for the proposed declaration of a Special Rate and Charge for a Marketing and Business Development Fund for the Maling Road Shopping and Business Centre (the Centre) for five years, commencing 1 July 2018.



(a) a Maling Road Special Rate and Charge be declared for a period

of five years commencing on 1 July 2018 and concluding on 30 June 2023.

(b) the Maling Road Special Rate and Charge be: (i) declared for the purpose of defraying expenses of

advertising, promotion, centre management, business development and other incidental expenses associated with the encouragement of commerce in the Centre, which Council considers is or will be of special benefit to those persons required to pay the Maling Road Special Rate and Charge; and


activities that help achieve the purpose (the function); (c) the following be specified as the manner in which the Maling

Road Special Rate and Charge so declared will be assessed and levied:

• A rate of 0.08422 cents in the dollar of the Capital

Improved Value (CIV) will be levied on each rateable property in the proposed Scheme.

• Ground level properties will be subject to a minimum charge of $736 and maximum of $1,021 per annum.

• All upper level properties will be subject to a minimum charge of $446 and maximum of $578 per annum.

• Consumer Price Index (All Groups Melbourne) (CPI) will be applied on 1 July each year after the Scheme commences to the rate in the dollar and the minimum and maximum charges.



The quantum of the rate in the dollar of the CIV of each property in the area, and the quantum of the minimum charges, will be adjusted on 1 July 2019 and on each anniversary of that date by the March quarter CPI (All Groups, Melbourne) during the 12 months preceding the end of that March quarter. The CIV of each parcel of rateable land is the CIV of that parcel of land at the time of levying the special rate and charge in each year. The CIV may alter during the period in which the special rate and charge is in force, reflecting any revaluations and supplementary valuations which take place.




Ground level properties and upper level properties in the area comprising:

Maling Road from 85 to 141(odd numbers only); from 60 to 122 (even numbers only), and Theatre Place.

Canterbury Road (even numbers only) from the railway line to Wattle Valley Road. Wattle Valley Road (odd numbers only). Bryson Street 1A and 2 to 8.

(e) the following be specified as the land in relation to which the

Maling Road Special Rate and Charge is so declared:



function and the total amount of the special rate and charge to be levied: the amount of approximately $66,787 in the first year with a total levy of approximately $334,000 over the five years of the scheme having regard to adjustments in the CIV of the rateable properties and the application of CPI to the rate in the dollar and minimum and maximum charges as described in paragraph 2(c) of this resolution or such other amount as is lawfully levied as a consequence of this resolution.












because in Council's opinion the Maling Road Special Rate and Charge is or will be of special benefit to the persons required to pay it and is an exercise of its powers and functions in the best interests of the local community and for the peace, order and good government of its municipal district.

4. Direct public notice of the proposed declaration of the Maling Road



accordance with sections 163A, 163B and 223 of the Local Government Act 1989 at the Council meeting on Monday 23 April2018 or such other date as Council subsequently determines.

CARRIED



5 Contract 2017/148 Establishment and Operation of a Neighbourhood House and Lead Tenancy - North East Community Hub

This report seeks Council endorsement for the award of Contract No. 2017/148, Establishment and Operation of a Neighbourhood House and Lead Tenancy - North East Community Hub. This contract is for an innovative operator that will establish a program of activities for the new Neighbourhood House and manage the operation of the Hub as the Lead Tenant. The successful applicant will be required to work closely with the other tenants to facilitate collaboration and support an integrated program of services and activities in the Hub that meets the needs of the local residents of all ages and backgrounds. The 2017-18 Adopted Budget (including Long Term Financial Strategy) includes foreshadowed amounts for the NECH neighbourhood house of $87,787 in 2018-19 and $89,445 in 2019-20 (ex GST). An establishment grant of $100,000 has also been foreshadowed to be phased over 2018-2021 (ex GST). Because of the value of the contract it was publicly tendered in accordance with the requirements of section 186 of the Local Government Act. MOTION Moved Councillor Hurd Seconded Councillor Healey That Council resolve: 1. To award Contract No. 2017/148, Establishment and Operation of a

Neighbourhood House and Lead Tenancy - North East Community Hub, to Access Health and Community (ABN 82 136 672 681, ACN 136 672 681) for a for an initial period of two (2) years, with a possible further extension of a three (3) year period.

2. To authorise the Chief Executive Officer or such other person that the

Chief Executive Officer selects for the purpose of giving effect to this resolution to execute the contract agreement with the above contractor.

3. To note that expenditure under this contract is in accordance with

Council's 2017-18 Adopted Budget (including Long Term Financial Strategy), which includes foreshadowed amounts for the NECH neighbourhood house of $87,787 in 2018-19 and $89,455 in 2019-20 (ex GST). Council will provide an establishment grant of $100,000 (ex GST) over three years for the NECH Neighbourhood House to contribute towards the employment of an Operations Coordinator.

CARRIED



6 Shade Policy Following a report at the Council meeting held on 24 July 2017, Council resolved to endorse the draft Shade Policy for community consultation. The community consultation process ran from 11 September through to 8 October 2017, inviting residents to make submissions regarding the draft Shade Policy. A total of thirteen responses were received, with feedback being positive and some suggestions for minor changes (refer to Community Consultation Report - Attachment 3). This information has been incorporated into the Shade Policy. Two minor changes are proposed to the strategy. The first relates to consideration of the impact of shade trees on private rooftop solar panels, and clarifying roles and responsibilities for the provision of shade at tram and bus stops An Implementation Plan (Attachment 2) has been prepared to deliver on the objectives of the Shade Policy. Where appropriate, built shade is planned to be delivered at Regional and District playgrounds from 2017/18 to 2027/28. Shade to all sand pits will be installed within a three year time frame commencing in 2018-2019. This report highlights the key themes from community consultation and presents the final Shade Policy (Attachment 1) for adoption. MOTION Moved Councillor Hurd Seconded Councillor Healey That Council resolves to: 1. Adopt the Shade Policy 2017-2027 (as annexed to the minutes). 2. Advise all respondents of the outcome of the consultation process, and

thank them for their contribution. 3. Refer all actions specified in the attached Shade Policy and associated

Implementation Plan which require funds not included in Council’s Strategic Resource Plan to future budget deliberations for further Council consideration prior to implementation.

CARRIED



8 Sale of land - Kew Residential Development A request has been received by Council from Kew Development Corporation Pty Ltd (KDC), to purchase a section of Council titled land shown hatched in Attachment 1. The area involved is 17 square metres. In appearance and function the land forms part of the footpath and road reserve and is maintained by Council. The basis of the request is to enable vehicular access from Main Drive, Kew, to the three heritage buildings that formed part of the former Kew Cottages complex. The buildings are known as B1, B3 and B6 at the Kew Residential Services site. Although the buildings could possibly be accessed from Park Avenue, this option would require the removal of an established mature tree and would not comply with the planning permit issued by the Minister of Planning as detailed below. The removal of the tree is not supported by officers as it would be contrary to Council’s Tree Management Guidelines. Council is not the planning authority for the Kew Residential Development. A planning permit was granted on 11 April 2017, under delegation from the Minister for Planning. The following is an extract from the planning permit describing the proposed works to be undertaken: “Development of the land and works associated with two or more dwellings on a lot (buildings and works in the form of construction of attached garages, site vehicle access and associated landscaping to existing buildings known as B1, B3 and B6).” KDC proposes to renovate the buildings for sale as single residential properties, with off street car parking. Attachments 4 and 5 show the proposed subdivision of the land upon which the heritage buildings are located. The proposal will result in three separate lots with a common driveway accessed from Main Drive. If Council resolves to dispose of the property, then, under the relevant provisions of Local Government Act 1989 (“the Act”), Council will be required to undertake public consultation. MOTION Moved Councillor Hurd Seconded Councillor Healey That Council resolve to: 1. Commence the statutory procedures under section 189 of the Local

Government Act 1989 ("the Act"), for the sale of Council titled land located in Main Drive, Kew, and described as part Lot A on Plan of Subdivision PS705514N, Volume 11514, Folio 850 in the Certificate of Title, shown as hatched in Attachment 1 to Kew Development Corporation Pty Ltd (ACN 119766264).



2. If no submissions are received following the publication of the Public

Notice, authorise the Chief Executive Officer, or such other person as the Chief Executive Officer approves, to undertake the necessary procedural steps to complete the formal procedures for the sale of the land, including the execution of all relevant documentation, in accordance with the purchase price and associated costs and conditions of transfer shown in section 6 of this report.

3. In the event submissions are received, note a further report will be

presented to Council to enable consideration of the submissions. CARRIED

10 Contract 2018/8 - Hawthorn Arts Centre - Refurbishment Works This report seeks Council endorsement for the award of Contract No. 2018/8, Hawthorn Arts Centre - Refurbishment Works. This contract involves a range of refurbishment works and alterations to the Hawthorn Arts Centre. The estimated cost of this contract is $1,912,482.00 excluding GST. The project cost is in excess of the allocated project budget and the budget shortfall will be funded from savings on various capital works projects. A selective tendering process was conducted from contractors on the State Government Construction Supplier Register which is in accordance with the requirements of Section 186 of the Local Government Act 1989. MOTION Moved Councillor Hurd Seconded Councillor Healey That Council resolve: 1. To award Contract No. 2018/8, Hawthorn Arts Centre - Refurbishment

Works, to Harris HMC Interiors (VIC) Pty Ltd (ACN 93 606 308 911) at a total cost of $2,103,730.20 (including GST). The cost to Council after the return of the GST Tax Input Credits is $1,912,482.00.



3. To note that expenditure under this contract in 2017-18 is in accordance

with Council's adopted budget. CARRIED



11 Contract 2018/99 - Drainage Design Services - Panel of Consultants

This report seeks Council endorsement of the award of Contract No. 2018/99, Drainage Design Services - Panel of Consultants. The purpose of this Contract is to appoint a panel of up to 10 drainage design consultants to provide quotations for various drainage design projects during the term of the Contract. The initial term of the Contract is three years with further options, at Council’s discretion, of two further periods of one year each to a maximum term of five years. The estimated value of this contract in 2017-18 is $200,000 excluding GST which is in accordance with Council’s current adopted budget. Expenditure in future years will be in accordance with approved budget allocations. Because of the value of the contract it was publicly tendered in accordance with the requirements of section 186 of the Local Government Act 1989. MOTION Moved Councillor Hurd Seconded Councillor Healey That Council resolve: 1. To award Contract No. 2018/99, Drainage Design Services - Panel of

Consultants, to: AME Consultants Pty Ltd Calibre Consulting (Melb) Pty Ltd Civil Road Solutions Pty Ltd CRE Consulting Engineers Pty Ltd Engeny Management Pty Ltd as trustee for Engeny M Trust trading as

Engeny Water Management LD Eng Pty Ltd Taylor Thomson Whitting (Vic) Pty Ltd TGM Group Pty Ltd WGAVIC Pty Ltd trading as Wallbridge Gilbert Aztec Wood and Grieve Engineers Limited for an initial contract term of three years with possible extensions, at Council’s discretion, of one year terms to a maximum contract term of five years. The estimated contract cost for the maximum term is approximately $1,386,000 (including GST). The cost to Council after the return of the GST Tax Input Credits is approximately $1,260,000.

2. To authorise the Chief Executive Officer or such other person that the Chief Executive Officer selects for the purpose of giving effect to this resolution to notify the successful Consultants of their appointment to the panel.




Chief Executive Officer selects for the purpose of giving effect to this resolution to negotiate extensions to Contract No. 2018/99, Drainage Design Services - Panel of Providers, with the above contractors to the maximum five (5) year contract term.

4. To note that expenditure under this contract in 2017-18 is in accordance with Council's adopted budget and expenditure in future years will be in accordance with the approved budget allocations.

CARRIED

12 Contract 2018/7 - Markham Reserve Pavilion Redevelopment This report seeks Council endorsement for the award of Contract No. 2018/7, Markham Reserve Pavilion - Redevelopment Works. This contract involves demolition of the existing pavilion and construction of a new facility. The cost of this contract is $1,532,534 excluding GST. The project cost is in excess of the allocated project budget and the budget shortfall will be funded from the 2018-19 Capital Works Renewal Program. A selective tendering process was conducted from contractors on the State Government Construction Supplier Register which is in accordance with the requirements of Section 186 of the Local Government Act 1989. MOTION Moved Councillor Hurd Seconded Councillor Healey That Council resolve: 1. To award Contract No. 2018/7, Markham Reserve Pavilion -

Redevelopment Works, to Bowden Corporation Pty Ltd (ACN 097 029 993) at a total cost of $1,685,787.40 (including GST). The cost to Council after the return of the GST Tax Input Credits is $1,532,534.00.



3. To note that expenditure under this contract in 2017-18 is in accordance

with Council’s adopted budget. CARRIED



7 Council Assets - Leasing and Licensing Policy This report updates Council on work undertaken to review the Community Facilities Leasing Policy. The policy was originally adopted by Council in October 2006. A subsequent amendment to clarify Council’s position on lease and licence renewals was adopted in August 2013. Officers have completed a review of the policy to identify potential changes and improvements that might be made. An amended new policy is attached to this report (Attachment 1). The new policy reflects changes to provide greater clarity on the assessment of eligibility for tenancy of a Council owned facility as well as certainty on the determination of rental levels. The new ‘Council Assets - Leasing and Licensing Policy’ seeks to encourage multi-use of Council facilities and provides consistent direction for the use of the different types of occupancy and tenancy agreements deployed. The policy review has considered the implications of the new National Disability Insurance Scheme (NDIS) and Commonwealth Home Support Program and their impact on the funding model for disability services providers who may utilise Council buildings as well as issues identified regarding providers of Medicare rebateable medical and associated services. The new policy has been drafted to ensure a Council subsidy is not inappropriately provided to such tenants, the changes in funding arrangements may give rise to perceptions of inequity amongst other funded providers not in Council premises. A key project within the Boroondara Customer First Program is to introduce an on-line booking system that prospective users of Council facilities can use to secure a room or venue booking. Completion of this initiative is scheduled for Phase 2 of the Boroondara Customer First program. Policy changes proposed will support the implementation of the new on-line system MOTION Moved Councillor Ross Seconded Councillor Addis That Council resolve to: 1. Note the outcomes of the review of the former Community Facilities

Leasing Policy. 2. Adopt the Council Assets - Leasing and Licensing Policy (as annexed to

the minutes). CARRIED



9 Tree Strategy 2017 Council’s Tree Policy 2010 provided the policy basis for decision making regarding the park and street trees for the City of Boroondara. The new Tree Strategy 2017 has been developed and aligns with Council’s Strategic Objective “Our natural and urban environment is improved in a sustainable way”. The vision in the Tree Strategy 2017 has arisen through gaining insights and understanding into the community’s view and aspirations regarding the City’s trees. The community has told us. “Boroondara continues to be a place of shady trees with leafy streets and green parkland. Our trees enable us to experience the seasons, connect with nature, and contribute to our sense of wellbeing” This strategy explores the issues and opportunities regarding the City’s trees, in the context of achieving the proposed vision, and then outlines strategic directions and actions around the following themes:

Preserving the character of our streets, parks and neighbourhoods Engaging with our community Enhancing health, wellbeing and community connectedness Managing risk and nuisance Continuing responsible stewardship and management Improving our natural environment

The draft Tree Strategy 2017 was presented to Council on 26 June 2017 and endorsed for public consultation. The public consultation phase has since been undertaken, with the feedback and comments overall indicating support for the Strategy. Following analysis of the feedback no changes to the draft Strategy are proposed. It is now recommended the Tree Strategy included as Attachment 1 be adopted by Council. MOTION Moved Councillor Addis Seconded Councillor Ross That Council adopt the Tree Strategy 2017, as annexed to the minutes, and note the associated Action Plan. CARRIED



13 Energy Performance Contract - Award of Contract The purpose of this report is for Council to give consideration to awarding the Energy Performance Contract (EPC) (Contract No. 2017/77) to Ecosave Pty Ltd. Boroondara has worked with three councils from the Eastern region to jointly procure an EPC. An EPC is a contract approach using defined and accepted industry standards for delivering energy efficiency upgrades to buildings using a low risk and accountable methodology. An EPC will deliver substantial energy use, financial and greenhouse gas emissions savings within a guaranteed payback period. Council has specified a payback of ten years or better (ROI greater than 10%). In May 2017, Council awarded a contract to Ecosave Pty Ltd to carry out a Detailed Facility Study (DFS), with an option to award a subsequent contract to implement the works described in the DFS (at Council’s discretion). This contract was awarded under Director delegation, following a competitive public tender process. During the DFS, Ecosave reviewed Council’s facilities to identify and prioritise energy and financial saving opportunities, to meet the specified pay-back criteria. The opportunities highlighted energy saving works would be most beneficial at Ashburton Pool and Recreation Centre, Boroondara Sports Complex, Camberwell Council Offices, Hawthorn Arts Centre and Hawthorn Aquatic and Leisure Centre. The majority of the proposed works target assets approaching end of life. Delivery as part of the EPC process will reduce the need for future renewal works. Officers now propose that Council award the subsequent EPC to implement the works described in the DFS. The proposed works will deliver ongoing financial savings of around $250,000 per annum with associated greenhouse gas reductions achieving 46% of the ‘gap’ between current emissions and Council’s adopted 30% reduction target. The estimated cost of this recommended contract is $2,560,100 (excluding GST). Council’s 2016-17 budget, 2017-18 September amended budget and 2018-19 foreshadowed budget contains an allocation of $2 million for the EPC project. The total project cost of the recommended option (Option 1) is in excess of the allocated project budget and a further allocation of $560,100 is required to complete the project which can be accommodated within the 2018-19 Council Budget. MOTION Moved Councillor Ross Seconded Councillor Addis That Council resolve: 1. To award the EPC (Contract No. 2017/77) to Ecosave Pty Ltd (ACN 099 777

474) at a cost of $2,816,110 (including GST). The cost to Council after the return of the GST Tax Input Credits is $2,560,100.





3. To note that Council’s 2016-17 Budget, 2017-18 September amended

budget and 2018-19 foreshadowed budget contains an allocation of $2,000,000 for the Energy Performance Contract Project and a further allocation of $560,100 to complete the project (inclusive of the contract and other project expenditure) can be accommodated within the 2018-19 Budget.

CARRIED 7. General business

GB1 Yarra Boulevard Community Meeting - 6 December 2017 Councillor Healey advised councillors that he attended the Yarra Boulevard Community Meeting on 6 December 2017 with representatives from Parks Victoria, Victoria Police and VicRoads, where concerns raised by the community regarding hooning activity and road safety on the Yarra Boulevard were discussed. Councillor Healey advised of the collaborative approach being undertaken between the agencies to identify the most effective ways to prevent hooning and improve road safety on Yarra Boulevard.

GB2 Multicultural Carols Service - 10 December 2017 Councillor Ross advised councillors that she attended the Multicultural Carols Service on 10 December 2017 at Bowen Gardens in Camberwell where the community celebrated Christmas in French, Chinese and English. Councillor Ross praised the Camberwell South Anglican Church, the South Camberwell Gospel Hall and the Camberwell Salvation Army for organising the event for the fifth year in a row.

GB3 Condolences to the family of John Frewen Councillor Ross noted the passing of former Camberwell City RSL President John Frewen on 4 December 2017. Councillor Ross advised that Mr Frewen was a three tour Vietnam Veteran and recognised his contribution as Camberwell City RSL President for twenty years from 1997 to 2017. Councillor Ross offered her condolences on behalf of Council to Mr Frewen's family.



GB4 Leave of Absence - Councillor Hollingsworth (18 December 2017) Councillor Hollingsworth requested a leave of absence for 18 December 2017. Councillor Hollingsworth declared a direct Conflict of Interest in this item in accordance with Section 77B of the Local Government Act 1989. Councillor Hollingsworth advised the nature of the interest was "I have a direct interest in my request for a leave of absence on 18 December 2017". Councillor Hollingsworth left the chamber at 6.58pm prior to the consideration and vote on this item. MOTION Moved Councillor Healey Seconded Councillor Sinfield That Council resolve to grant a leave of absence to Councillor Hollingsworth for 18 December 2017. CARRIED Councillor Hollingsworth entered the chamber at 6.59pm and resumed her seat.

GB5 Grace Park Community Carols - 10 December 2017 Councillor Hurd advised councillors he attended the Grace Park Community Carols with John Pesutto MP on 10 December 2017, and thanked the organising committee and sponsors for their contribution to the event.

GB6 O Bikes Councillor Hurd highlighted concerns raised by the community with him regarding O Bikes. Councillor Hurd requested the Chief Executive Officer follow up the concerns. The Chief Executive Officer undertook to look into the concerns raised by Councillor Hurd. 8. Urgent business Nil 9. Confidential business Nil



The meeting concluded at 7.07pm Confirmed Chairperson ____________________________________________ Date ____________________________________________

MINUTES ATTACHMENTS Ordinary Council Monday 11 December 2017 Attachments annexed to the minutes for the following items:

Assemblies of councillors

6 Shade Policy

7 Council Assets - Leasing and Licensing Policy

9 Tree Strategy 2017

Record of Assemblies of Councillors

Assembly details Councillorattendees Officer attendees Matters discussed Conflict of Interest disclosures

Councillor Briefing & Discussion13 November 2017

Cr Jane Addis Cr Phillip Healey Cr Lisa Hollingsworth Cr Steve Hurd Cr Jim Parke Cr Coral Ross Cr Felicity Sinfield Cr Garry Thompson Cr Cynthia Watson Cr Jack Wegman

Phillip Storer (CEO) Bruce Dobson (DEI) Carolyn McClean (DCD) Marilyn Kearney (DCS) Shiran Wickramasinghe (DCP) Andrew Birks (aEMCCS) David Thompson (MG) Karen Adams (GO) Andrew McHugh (MFYR) David Cashmere (SRCM) Greg Hall (CFO) Fiona Banks (MED) Sam Taylor (SCRW) Miriam Paul (CCF) Kate Delbridge (ACPO)

1. Boroondara Leisure and Aquatic Facilities Contract 10-042 2. September 2017 Quarterly Performance Report 3. Hawthorn Arts Precinct Activation OU1 Citizenship Ceremonies Improvement Opportunities -

continue discussions OU2 Council chamber GD1 Centenary of Armistice Day

GD2 Signage to Parkview Room

Nil

Councillor Briefing & Discussion20 November 2017

Cr Jane Addis Cr Phillip Healey Cr Lisa Hollingsworth Cr Steve Hurd Cr Jim Parke Cr Coral Ross Cr Felicity Sinfield Cr Garry Thompson Cr Cynthia Watson Cr Jack Wegman

Phillip Storer (CEO) David Thompson (MG) Karen Adams (GO)

GD1 Council Prayer GD2 Acknowledgement

Nil

See over for an index of officer titles

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City of Boroondara Assemblies Page 1 of 2

kadamsText BoxAttachment 1

Record of Assemblies of Councillors Index of officer titles

ACPO Arts and Culture Project Officer ADO Access & Diversity Officer AO Administrative Officer CAC Curator, Arts & Culture CBP Communications Business Partner CCF Coordinator Cultural FacilitieO CDEO Cultural Development and Events Officer CDO Community Development Officer CEDL Customer Experience Digital Lead CEO Chief Executive Officer CFO Chief Financial Officer CMASL Collection Maintenance and Adult Services Librarian COG Coordinator Governance CSDAADS Coordinator Service Delivery Active Ageing and Disability

Services CSL Collection Services & Librarian CSP Coordinator Statutory Planning CSS Coordinator Sport Services CTM Coordinator Transport Management CYS Coordinator Youth Services DCD Director Community Development DCP Director City Planning DCS Director Corporate Services DEI Director Environment and Infrastructure EMCCE Executive Manager Communications & Customer

Experience EYAO Early Years Administration Officer FC Flight Controller FSDO Family Services Development Officer FYSRO Family and Youth Support and Resource Officer GPO Governance Projects Officer LFCO Leisure Facilities Contract Officer MAO Metro Access Officer MCHC Maternal Child Health Coordinator MCPD Manager Community Planning & Development MCPS Manager Commercial & Property Services

MED Manager Economic Development MESL Manager Environment & Sustainable Living MFYR Manager Family Youth & Recreation MG Manager Governance MHS Manager Health Ageing & Disability Services MLS Manager Library Arts and Cultural Services MPS Manager Projects & Strategy MSP Manager Statutory Planning MSTP Manager Strategic Planning MTT Manager Traffic and Transport PM Project Manager PP Principal Planner PRA Project Architect RP Recreation Planner SAO Senior Administration Officer SCA Senior Communications Adviser SCADS Senior Coordinator Ageing and Disability Services SCFCS Senior Coordinator Family and Children’s Services SCRW Senior Coordinator Recreation and Wellbeing SEP Senior Environmental Planner SHRA Social and Health Research Analyst SoPO Social Planning Officer SP Statutory Planner SPPO Senior Policy and Project Officer SPO Senior Planning Officer SRCM Senior Recreation Contracts Manager SSP Senior Statutory/Strategic Planner STPO Statutory Planning Officer TLBVRC Team Leader Boroondara Volunteer Resource Centre TLEP Team Leader Environmental Planning TLSP Team Leader Strategic Planning VEO Volunteer Engagement Officer VSDO Volunteer Sector Development Officer

aXXX 'a' designates acting

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City of Boroondara Assemblies Page 2 of 2

MINUTES ATTACHMENTS Ordinary Council Monday 11 December 2017 Attachments as annexed to the resolution: 6 Shade Policy

Shade Policy 11 December 2017

1

Shade Policy

2017 - 2027

Boroondara is named from an Aboriginal word meaning “where the ground is thickly shaded”.

Responsible Directorate: Environment and Infrastructure Authorised by: Council Date of adoption: Review date: 2027 Policy type: Council

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City of Boroondara Item6 Page 1 of 10


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Table of contents

1. Introduction ...................................................... 31.1. Purpose 31.2. Scope 31.3. Corporate framework 3

2. Background ...................................................... 32.1. Benefits of shade 42.2. Use of shade 52.3. Types of Shade 62.4. Policy environment 72.1 Policy context 7

3. Policy statement .............................................. 73.1. Guiding principles 8

4. Implementation and monitoring ..................... 94.1. Accountabilities 94.2. Implementation 94.3. Financial Implications 9

5. Definitions ........................................................ 10

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1. Introduction

1.1. Purpose Providing shade is important in contributing to the creation of comfortable and safe environments that encourage people outdoors and to have healthy active lifestyles. The purpose of the Shade Policy (Policy) is to outline Council's approach and to guide decision making in relation to the provision of shade within the public realm. The aim is to provide the Boroondara community with opportunities for shade, while at the same time encouraging the ongoing personal sun protection practices of the community.

1.2. Scope The Shade Policy provides a framework for the provision of shade (natural and built) within the public realm.

The Policy will affect all users of public realm and applies to Council managed public spaces including parks, reserves, playgrounds, skate parks, civic spaces, car parks, unstructured recreation infrastructure, shared paths and walking routes along streets and into and around key destinations. The Policy does not cover Council owned facilities that are fenced or have restricted access i.e. swimming pools, tennis clubs, bowls clubs, kindergartens and childcare facilities etc.

1.3. Corporate framework This Policy supports the strategic objective of The Boroondara Public Health and Wellbeing Plan 2013-2017 to ‘enhance and develop our neighbourhoods to support health and wellbeing’. It also aligns with the Council Plan 2017-2021 key themes of:

Sustainable environment - our natural and urban environment is improved in a sustainable way

Quality facilities and assets - the community’s current and future needs for assets and facilities are proactively managed.

This policy is also aligned with recommendations contained in the Boroondara Open Space Strategy 2013 (BOSS) and the Playground Development Strategy 2015.

2. Background As our population grows there is increasing pressure on our parks, gardens and open spaces to meet the outdoor recreational needs and aspirations of our local community. Civic spaces, playgrounds, skate parks, shared paths and walking trails all play an important role in meeting these needs whilst making a positive contribution to the health and wellbeing of our residents. As temperatures rise and our awareness of the damaging effects of exposure to ultraviolet (UV) light and heatwaves increases, there is an opportunity to improve the way we provide much needed shade to key assets and facilities within the public realm.

There is increasing awareness of the benefits of shade to:

reduce sun exposure and protect against UV radiation and skin cancer

promote walking and healthy active lifestyles by creating more comfortable and cooler outdoor spaces in hotter weather

make the city more resilient to heat-waves by using canopy trees to reduce urban temperatures.

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2.1. Benefits of shade

2.1.1. Reducing sun exposure ‘Sun exposure has been identified as the cause of around 99 percent of non-melanoma skin cancers and 95 percent of melanoma in Australia. Skin cancer is therefore one of the most preventable forms of cancer. Skin cancers account for around 83 percent of all new cancers diagnosed each year in Australia with at least one in every two Australians being diagnosed with skin cancer in their lifetime. Shade provides good protection from the sun and is easy for people to use. Shade alone can reduce overall exposure to UV radiation by about 75 percent, and when used in conjunction with sun protective clothing, hats, sunglasses and sunscreen – shade enables maximum sun protection to be achieved.’ 1

It is important that shade is provided to reduce exposure to solar UV radiation at effective times of the day and year. For example shade should generally be provided from the east for morning use, overhead for midday use in summer and from the west for afternoon use.

Even when shaded from direct sunlight, people can still be exposed to considerable indirect UV radiation reflected from surfaces such as buildings, paved areas, sand and water.

2.1.2. Promote walking and healthy active lifestyles The public realm plays an important role in the community's mental and physical health and wellbeing by providing opportunities for people to socialise, participate in active recreation, walk, play, recover from illness, and to come in contact with nature. Shade is an important feature in creating inviting, cool and comfortable outdoor places that encourage walking and healthy active lifestyles.

2.1.3. Reducing urban heat island The urban heat island effect is the localised increase in air and surface temperatures in urban areas due to the extent of non-porous surfaces that absorb heat during the day and then radiate heat during the evening. This results in longer sustained periods of heat, particularly during the late afternoon and evening and especially during heatwaves. This has significant impacts on human health and comfort, particularly those members of the community who are more vulnerable to extreme heat such as the elderly, very young children, those who are socio-economically disadvantaged, those living in public housing and those who require assistance such as the disabled or chronically ill.2 3

Boroondara’s shade trees play an important role in cooling the city during hot periods and helping to mitigate the impacts of the urban heat island effect by reflecting sunlight, releasing moisture into the air and providing shade. Shade provided by trees on hot days can help reduce ambient temperatures by up to two degrees Celsius2 and surface temperatures by up to 20 degrees celcius4. This reduces the community’s exposure to hotter temperatures and associated heat related illness.

1 SunSmart Shade Policy Framework Background Information, October 2015, Cancer Council Victoria and VicHealth2 Boroondara Open Space Strategy 20133 Loughnan ME, Tapper NJ, Phan T, Lynch K and McInnes JA, (2013). A spatial vulnerability analysis of urban populations during extreme heat events in Australian capital cities, National Climate Change Adaptation Research Facility, Gold Coast, 128 pp.4 Norton, B., Bosomworth K, Coutts A, Williams N, Livesley S, Trundle A, Harris R, McEvoy D (2013). Planning for a Cooler Future: Green Infrastructure to Reduce Urban Heat, Victorian Centre for Climate Change Adaptation Research.

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2.2. Use of shade How the community uses a space, and the type of user, will help inform the nature and extent of shade provided.

Facilities such as playgrounds that attract younger children and are designed for use by children with mobility issues will have higher requirements for shade. Some types of play spaces will also need special consideration for shade. For example sand pits, where children are particularly prone to exposure both from direct sunlight as well as indirect UV radiation reflected from the sand and often remain in one location for extended periods. Larger playgrounds (such as Regional playgrounds like Hays Paddock) will also attract greater numbers of children for longer times, thereby increasing their potential for exposure to harmful UV radiation. These facilities may require a greater consideration for the provision of shade than other comparatively less exposed or shorter visit places.

Shade can encourage physical activity and sustainable transport by making public space, and walking and cycling routes more comfortable and inviting. Shade is particularly important for older people, people with disabilities, parents with prams and young children. Walking trips by these users can often take longer which can increase exposure to heat and UV radiation, and in some cases these users have limited transport alternatives (such as cars).

Natural tree shade in Booroondara’s strip shopping centres can encourage more visitors and longer stays resulting in increased retail activity5. Shade can also be used to activate Boroondara’s main streets and civic spaces and to create places where people can be encouraged to pause, meet, socialise and engage with technology (eg Wi-Fi).

It is recognised that it is impractical and undesirable to shade all outdoor spaces. Public open spaces should seek to provide a diversity of experience and opportunity for the community to go outdoors and be active, including those with Vitamin D deficiency. For example providing a mix of both shaded and unshaded park seating will attract use in both warmer and cooler weather and encourage people into open space.

It can be difficult to contain children and adults to shaded areas when running, playing and participating in active play and sport. It is therefore important that the community also take personal measures to reduce their exposure to sun, such as wearing protective clothing, hats, sunscreen and sunglasses.

5 Wolf, K. L. (2005). ‘Business district streetscapes, trees and consumer response.’ Journal of Forestry 103 (8): 396-400.

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2.3. Types of Shade Shade can be natural (such as vegetation and canopy trees) or built structures (canopies, pergolas, verandahs, picnic shelters, rotundas, shade sails etc). Shade can also be ‘borrowed’ from buildings, structures and vegetation on surrounding properties.

2.3.1. Natural shade Boroondara is named from an Aboriginal word meaning “where the ground is thickly shaded” 6 and the city is renowned for its leafy treed streets and open spaces.

Canopy shade trees are an important part of the identity, appeal and valued character of Boroondara. They also deliver a number of other environmental and community health and well-being benefits including carbon sequestration; providing habitat; linking biodiversity sites; reducing air, soil and water pollution; and creating cool7, shaded and comfortable environments. Trees also offer children the opportunity to connect with nature, have sensory experiences and to play with natural materials. However trees can be slow to grow and develop an effective shade canopy and when young they can be prone to vandalism. It is acknowledged that there are risks associated with tree planting in active use areas i.e. playgrounds. These risks will be addressed through careful planning and design, including consideration of Crime Prevention Through Environmental Design principles. Appropriate species selection and proactive tree management (such as monitoring, pruning and pest and disease control) is also required to minimise risks. Shade tree planting locations should include consideration of potential solar access to nearby buildings, and avoid blocking solar access to private solar panel installations where possible. Vegetation such as tall shrubs and climbing plants can also be useful for providing shade where clear lines of sight do not need to be maintained. The choice of tree species and vegetation type will differ for each site. Deciduous trees can be used to provide shade in summer and to allow sun in winter. Lightly foliaged evergreen trees, such as some of the Eucalypts, can provide dappled sun and shade throughout the year.

2.3.2. Built shade Built (or constructed) shade can be stand-alone or it can be incorporated into buildings or structures.

While built shade structures may not always be as attractive as natural shade they have some advantages such as providing instant UV protection (when compared to trees that take time to grow), cast more predictable shadow, and provide cover from rain.

The use of built shade should be considered carefully as ‘the sense of open space without the clutter of built form and infrastructure is highly valued by the community.’8 Built shade is also more expensive compared with natural shade. There is the initial expense to install structures, as well as ongoing costs associated with maintenance, vandalism, graffiti and the renewal of the structure when it has reached the end of its life.

Retrofitting built shade structures into existing facilities can be challenging as there needs to be adequate space to achieve the required off-set distances (of posts and footings) from play equipment, bicycle paths etc. to meet standards.

6 Boroondara is named from an Aboriginal word meaning ‘where the ground is thickly shaded’ (Boroondara Arts Plan). The parish name was translated from the Woiwurrung by Hoddle as ‘where the ground is thickly shaded’ (Cultural Heritage Policy).7 By reducing the Urban Heat Island Effect (that is, the build-up of heat in hard surfaces during periods of hot weather) (Silva 2010, Rozenzwieg 2009, Gober 2010, Adams Smith 2014, GHD, 2011)8 Boroondara Open Space Strategy 2013

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Playgrounds can also have small roofs that are part of a multi-unit play structure. These multi-unit play roofs generally only offer minor shade benefit over parts of the playground equipment.

2.4. Policy environment There is greater awareness of the benefits of shade, along with increased pressure on the city’s outdoor public spaces, and hotter and drier weather conditions. This has led to increased community demand for shade, in particular for the provision of shade within playgrounds and the planting of shade trees9.

2.5 Policy context This Policy was informed by the following documents:

Vic Health Protecting Victorians from skin cancer – Local government action guide no. 10 November 2012

Shade: A Resource for Local Government, Municipal Association of Victoria

Shade Design for Public Places, Municipal Association of Victoria

Cancer Council Victoria Sun Smart Shade Policy Framework for Local Government and Shade Policy Background Information October 2015

Boroondara Open Space Strategy 2013 and Technical Report, adopted 2013

Playgrounds Development Strategy 2005

Integrated Water Management Strategy 2014-2024

Active Boroondara 2010

Preparing for climate change in the City of Boroondara Summary Report 2009

3. Policy statement

The City of Boroondara is committed to improving the safety, comfort and appearance of the city’s public spaces and ensuring the level of service is appropriate to the place. This includes the provision of shade measures along with other sun protection strategies to encourage healthy active lifestyles in comfortable, cool, shaded spaces.

We will achieve this by:

Prioritising the use of natural shade in open space (above that of built shade) as a long term shade solution.

Prioritising the use of shade at selected key assets and places including:

o playgrounds o along key walking and cycling routes o encourage Traffic and Transport to nominate specific public transport stop shelters to

Public Transport Victorias annual program for their consideration and implementation

o other facilities and places where a particular need has been identified. Encouraging community members to participate in outdoor activities more safely by using

personal sun protection measures.

9 Summary of the household survey undertaken in July 2010 as part of the Boroondara Open Space Strategy 2013

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3.1. Guiding principles

3.1.1. Prioritise the use of natural shade in open space (above that of built shade) as a long term shade solution to reduce costs and maximise environmental and community health and well-being benefits.

Prioritise the use of trees to provide shade in open space as a long term shade solution to minimise the impacts of built structures.

Plant additional trees when upgrading open space to increase shade where needed.

Plan ahead and plant additional trees on routes into and around key park destinations, and around the periphery of sports grounds (ensuring any tree planting does not impact on existing or future planned use of the open space).

Encourage planting of appropriate large canopy shade trees where possible in open space located in and near higher density urban areas, particularly activity centres.

Locate and design Council facilities in open space (such as pavilions and playgrounds) to take advantage of existing site shade where appropriate to minimise the need for additional built shade structures.

3.1.2. Prioritise the use of shade at playgrounds. For Regional Playgrounds use natural shade from existing trees where possible. Where

adequate natural shade cannot be achieved in the short term, then built shade will be considered as a permanent long term shade solution.

For the design of new or the upgrade of existing District Playgrounds use natural shade from existing trees where possible. Where adequate natural shade cover cannot be achieved in the short term, then built shade may be considered when upgrading the playground. In such circumstances built shade solutions will be an interim shade solution only until the natural shade from trees becomes effective, at which time the built shade structure may be considered for removal.

For the design of new or the upgrade of existing Local and Pocket Playgrounds make use of roofs on multi-unit play structures, shade from existing trees where possible, and incorporate new tree planting where possible.

Incorporate built shade into sandpits

Provide roofed picnic shelter/s at all Regional Playground sites.

Provide roofed picnic shelters at some District Playgrounds, and ensure there is an equitable spread across the municipality of District Playgrounds with picnic shelters.

3.1.3. Prioritise the use of natural shade along key walking and cycling routes. Utilise natural shade to encourage physical activity and sustainable transport by making key

walking10 and cycling routes more inviting and shaded.

10 Key walking routes are identified as Principal Pedestrian Networks (PPNs) which are designated high priority pedestrians walking routes using methodology developed by the Victorian Government Department of Economic Development, Jobs, Transport and Resources.

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3.1.4. Prioritise the use of shade at facilities and places where a particular need has been identified.

Prioritise tree planting and tree renewal in areas where more vulnerable members of the community are concentrated.11

Provide shade where possible to BBQs and picnic tables, making use of shade from existing trees and incorporate new tree planting.

At new Skate Parks and Junior Play Spaces, where there is a lack of peripheral shade, provide roofed shelter/s nearby the skateable/active areas to create shaded social spaces. (Note - shade will not be provided over skate facilities).

Provide shade at sites where a particular need for built and/or natural shade has been identified during the development of a master plan or landscape concept plan.

Incorporate tree planting where possible when upgrading carparks, shopping centre streetscapes and civic spaces to provide shade as well as other amenity, environmental and health and well-being benefits.

3.1.5. Encourage community members to participate in outdoor activities safely. Encourage community members to adopt personal sun protection practices for themselves and

others in their care.

4. Implementation and monitoring

4.1. Accountabilities For all queries or feedback regarding this policy, please use the contact details for the responsible department below.

Contact Department Contact number Contact email

Environment and Sustainable Living 9278 4060 [email protected]

4.2. Implementation Implementation of this policy is to be progressive and ongoing. Implementation activities are planned to be rolled out in conjunction with other programmed renewal and operational works, along with one off capital works projects at key assets.

Key departments have a role to play in the provision of sustainable, quality shade for all Council outdoor facilities and spaces. In particular Environment and Sustainable Living, Projects and Strategy, Parks and Infrastructure, and Traffic and Transport have responsibilities for ensuring compliance with this Policy.

4.3. Financial Implications The provision of natural shade and built shade (in circumstances where natural shade cannot be adequately provided) will require funding for implementation, monitoring, on-going maintenance and renewal. These costs will need to be considered when budget planning, scoping, design and planning for new projects, and also as part of the renewal of existing assets.

11 Areas where vulnerable people are concentrated can be determined though the Socio-Economic Indexes for Areas (

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