Minutes of Council Meeting - Wednesday, 26 April 2023

SECONDED: Cr Karen Egan

That the apologies from Cr Natalie Duffy and Cr Richard Stockman be noted.

6. Presentations

Sporting Presentations 26 April 2023

Lahna Meadows (Blue Lake Ward) receives $200 as a contribution for being selected to represent Australia at the World Skate Inline Speed Championships in Italy.

Ilse Dunell (Swipers Gully Ward) receives $150 as a contribution for being selected to represent Victoria at the Australian U15 Hockey National Championships in Darwin.

Nillumbik Shire Council wishes them every success with their future sporting pursuits.

Following the presentations, each recipient gave a response. Lahna Meadows’ photo was taken with the Mayor, Ben Ramcharan and Ilse Dunell’s photo was taken with Cr Frances Eyre, Ward Councillor.

Recognition of Youth Council members

At the March Council Meeting, Councillors unanimously endorsed a new Youth Council for 2023-2025, welcoming 15 young people onto the Advisory Committee, some continuing members and some new young people as well.

On behalf of Nillumbik Shire Council, it is my pleasure today to formally acknowledge the Youth Council members who have now concluded their term and thank them for their past years of service.

Established in 2021 as a formal advisory committee of Council, the Youth Council has played an integral role in establishing and implementing Council’s four year Youth Strategy, which outlines our strategic commitment to how we will support and respond to the needs of young people aged 12-25 who live, work, study, volunteer or play in Nillumbik.

In the development of this strategy, our Youth Council have played a lead role in engaging and consulting with the young people in Nillumbik to gain a diverse perspective on matters impacting their lives within community. This process has ensured young people have a stronger voice and sense of importance in community.

Over the past two years, our Youth Council have had some major achievements including:

- Developing and supporting the community wide youth consultation, Young Minds: Your Voice Our Future, where we gathered input and feedback from almost 900 local young people

- Writing, designing and launching the Nillumbik Youth Strategy 2022-2026

- Designing and hosting our first Nillumbik Youth Summit in 2022

- Advising Council on over 20 projects, policies or strategies, and

- Most recently advocating for and supporting the successful funding application to Victoria Government to establish the first Youth Hub here in Diamond Creek, which we are extremely excited about.

I would now like to invite our exiting members in attendance today up to collect a certificate of appreciation.

Exiting 2022 Youth Council Members:

• Ava Grzechnik

• Brianne Keogh (the 2022 Youth Mayor)

• Maali Kerta-Rice

• Jack Linehan (the 2021 Youth Deputy Mayor)

• Indiana Sandwell

• Lachlan Wadsworth

• Rhys Warrillow.

We would also like to recognise those members who finished up in 2021:

• Taj Andreetta

• Joseph Bowman

• Cavan Cartwright

• Imogen Jaques

• Maverick Knight

• Katie O'Brien.

Thank you again to all of the young people both finishing up and continuing on with Youth Council, for the time, commitment and incredible passion you have demonstrated to help better the lives of our young people in our Shire.

Anzac Day

Yesterday, like so many others around the country, I and a number of my fellow councillors had the honour of laying wreaths at various ANZAC Day memorial services throughout the Shire.

Wreaths were laid at the Eltham Cenotaph, Diamond Creek War Memorial, Hurstbridge War Memorial Park and Kangaroo Ground War Memorial Park.

Council also attended a service at Diamond Creek Community Care.

It was great to see so many of all ages in our community, turn out to honour, commemorate and reflect on the deeds of those men and women who, with immense bravery and a strong sense of duty, made great sacrifices, often giving their lives to protect our freedom and the freedom of others.

ANZAC Day is also about recognising the sacrifices made by so many parents, children, siblings, spouses and partners whose loved ones either didn’t return from war and conflict, or who returned so deeply affected that their lives were never the same.

It was heartening therefore, after all that we’ve experienced these past two years, to see our community again come together in such numbers, to solemnly commemorate and reflect on, these enormous sacrifices.

Lest we forget

Condolences

We are saddened to hear of the recent passing of Martin Wright OAM. Martin was a Councillor for the former Shire of Diamond Valley between 1979 and 1992 and was Shire President in 1985–1986.

Martin actively contributed to the local community in Diamond Creek and Doreen. He was strongly involved in scouting, firstly as Group Leader and then as Rover Advisor.

He was a committed member of the Diamond Creek Progress Association and led the Progress Association in taking on responsibility for the running of the Diamond Creek Town Fair. Martin was also instrumental in the development of the Diamond Creek News.

Martin was awarded an Order of Australia Medal in 1993 for his service to Local Government and the community.

He was also Station Manager at Plenty Valley Community Radio from 1998–2004.

On behalf of Nillumbik Shire Council, we pass on our condolences to Martin’s family and friends.

Council Meeting Minutes 26 April 2023

7. Confirmation of Minutes

Council Resolution

SECONDED: Cr Peter Perkins

That Council confirms the minutes of the Council Meeting held on Tuesday 28 March 2023 (Attachment 1).

8. Disclosure of conflicts of interest

Nil

9. Petitions

Nil

10. Questions from the gallery

Mark McDonald has submitted the following questions:

Question 1

Can Council please explain why do the honest residents who want to cut or remove trees have their addresses advertised in the planning application list, when on the other hand the dishonest residents who clear their land of vegetation without seeking a permit get no mention at all, and residents are unable to have any knowledge of what sanctions have been applied and what they have done wrong?

Response 1

In accordance with the Planning and Environment Act 1987, (the Act), Council is required to maintain and make publicly available a register of all planning permit applications. The register must contain information prescribed by the Act and Regulations including the address on which planning permission is sought. The Act does not require a register to be maintained and made publicly available for matters Council is investigating where possible non-compliance with Planning Scheme provisions may exist. When possible non-compliance is investigated, Council works with the owners to bring a site into compliance through a range of mechanisms afforded by the Act.

Question 2

What measures is council taking regarding advocating and lobbying for changes to the inadequate laws in the Victorian Government’s planning and environmental act pertinent to illegal private tree removal and vegetation loss occurring throughout the shire?

Response 2

Council advocates on a regular basis to the Victorian Government with respect to planning scheme provisions in the Nillumbik Planning Scheme to ensure the Shire’s urban tree canopy is enhanced and continues to provide aesthetic, health and wellbeing and habitat benefits to the community. Advocacy to date, to the Premier and relevant Ministers and MPs, including advocacy through the Municipal Association of Victoria, has sought a review of the legislative framework regarding the impacts of vegetation clearance, among other matters as an outcome of the illegal application of bushfire protections exemptions pursuant to Clause 52.12.

Further advocacy has sought stronger and more suitable planning scheme provisions that limit the amount of tree loss in the Shire. Further to the above, Council’s advocacy has and continues to request a review of, and amendment to the Act, to provide for greater powers to authorized officers to cause cessation of unauthorised clearing of vegetation and for increased fines for such activities.

Council continues to work with the Department of Transport and Planning and make submissions on any proposed reforms to the Victorian Planning Provisions to ensure no planning scheme provisions are not watered down through planning reform.

The bushfire protection particular provisions were added following recommendations of the 2009 Victorian Bushfire Royal Commission. They provide additional exemptions to the need to obtain a native vegetation clearing permit and they also apply to non-native vegetation. They allow for the clearance of some vegetation around existing buildings used for accommodation and adjacent to fences on property boundaries to reduce fuel load. These exemptions override any other requirements to obtain a permit in the planning scheme including if an overlay requires a permit. A review of the mapping that designates areas in Victoria as bushfire prone is undertaken annually and Council participates in this review to ensure only those areas prone to bushfire are subject to the bushfire protection provisions.

Younes Khazour has submitted the following questions:

Question 1

We have been asking the council to help clear the signs for parking and no park at Koornong Crescent multiple time in presence of Council and parks/CFA officers but have yet acted on. Our area is dead end and populated along the river, with park and river access to public, the issue we face is similar to the issue at Pound Bend and Bouchier lane.

As well as helping residents seal the dead end dirt road as we are experiencing higher volume of car and visitors due to an Airbnb being very active.

When will Council act on resident’s repeated requests for parking signs to be placed correctly to ensure clear access to Fire Tracks and residential properties and ensure parking restrictions can be enforced by Council officers?

Response 1

Koornong Crescent, Koornong Crescent, North Warrandyte is categorised as a Rural Access Road under Nillumbik Shire Council’s Road Management Plan 2021, with the primary road purpose of providing direct access for abutting land owners or occupiers. Koornong Crescent has a local speed limit of 50km/hr and has ‘No Stopping Area’ parking restrictions. Whilst there are signed ‘Parking’ areas, the extent of Koornong Crescent is considered unavailable for parking and is enforced by Council’s Community Safety team.

Furthermore, Council’s Traffic & Transport team often work with the local CFA to determine adequacy of the water refuel points and to assist in determining their priority during busy bush fire seasons.

There a number of ways roads can be funded for sealing within Nillumbik Shire Council.

One is through Council’s Road Sealing program. Council considers its entire unsealed road network and its funding allocation for this program annually due to limited capital allocation available. Council currently has in excess of 330 kilometres of unsealed roads and prioritisation of works is essential to ensure that limited funds are responsibly spent.

Roads considered for funding require Council to be satisfied that the road provides a direct link between townships and other prioritisation criteria. When compared against other unsealed roads Koornong Crescent is unlikely to receive funding in the coming few years.

Alternatively, Council suggests residents consider a special charge scheme, where benefiting residents fully fund the cost of works or through a Private Scheme where specific residents agree to fund a section of road or the entire length.

Additionally the signs in Koornong Cresent will be assessed and any remediation works will be conducted.

Question 2

My second question relates to a neighbour running a commercial Airbnb on a very quiet and preserved area, Koornong Crescent Nth Warrandyte. From high visitors to rubbish management not being taking care off, our peaceful and quiet environment is diminishing as well as the quality of life, road conditions deteriorating, and inappropriate use of a residential property. I am interested in Council’s view on a residential property being used 100% as a commercial use.

How are Council rates and waste costs applied to a residential property in this instance?

We would love to see this house restored to a residential house so that the integrity of the neighbourhood is retained. We feel our council should act upon this matter rapidly to help building stronger communities.

Response 2

The rate and service charge applied is consistent with the underlying type of the property being leased. This applies regardless of the leasing mechanism.

A residential property being leased via a holiday rental agreement would be rated as residential and incur the waste service charge.

Short term rentals are considered a dwelling in the same context as a long term rental and Council does not have jurisdiction over residential leasing arrangements.

Council Meeting Minutes 26 April 2023

11. Reports of Advisory Committees

AC.003/23 Advisory Committee Report - 26 April 2023

Distribution: Public

Manager: Blaga Naumoski, Director Governance, Communications and Community Safety

Author: Katia Croce, Governance and Property Lead

Summary

Council has a range of Advisory Committees which provide a formal mechanism for Council to consult with key stakeholders, seek specialist advice and enable community participation. Although they do not make any formal decisions, they provide valuable advice to Council.

In accordance with Advisory Committee Terms of Reference, the following minutes of Advisory Committee meetings are attached (Attachment 1) and presented to Council for noting:

1. Positive Ageing Advisory Committee Meeting held 3 March 2023; and

2. Youth Advisory Committee meeting held 3 April 2023.

Council Resolution

MOVED: Cr Karen Egan

SECONDED: Cr Frances Eyre

That Council notes the Minutes of the Advisory Committee meetings reported (Attachment 1).

CM.025/23 Positive Ageing Advisory Committee - 2023 Membership Endorsement

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Council Meeting Minutes 26 April 2023

12. Officers' reports

Distribution: Public

Manager: Corrienne Nichols, Director Communities

Author: Narelle Hart, Manager Community Programs

Summary

The Positive Ageing Advisory Committee (PAAC) provides a formal mechanism for Council to consult with key stakeholders, seek specialist advice and enable community participation in the development, implementation and evaluation of activities to promote Positive Ageing in our community.

Following the endorsement of the Terms of Reference for the Positive Ageing Advisory Committee (PAAC) at Council meeting on 13 December 2022, recruitment for the PAAC opened on 20 December 2022 and closed on Wednesday 12 February 2023.

A total of fifteen applications were received, assessed and shortlisted against the selection criteria by an internal assessment panel.

This report updates Council on the proposed ten community nominees and four service provider nominees (Attachment 1) and seeks formal endorsement of the recommended new members.

Recommendation

That Council:

1. Endorses the fourteen recommended applicants listed for appointment to the 2023‑2025 Positive Ageing Advisory Committee (Attachment 1) as a Positive Ageing Advisory Committee member:

a. Applicant 1 .

b. Applicant 2 .

c. Applicant 3 .

d. Applicant 4 .

e. Applicant 5 .

f. Applicant 6 .

g. Applicant 7 .

h. Applicant 8 .

i. Applicant 9 .

j. Applicant 10 .

k. Applicant 11 .

l. Applicant 12 .

m. Applicant 13 .; and

n. Applicant 14 .

2. Acknowledges and thanks all community members and local agencies who submitted expressions of interest to the Positive Ageing Advisory Committee.

3. Resolves that the Panel Recommendations and Scoring (Attachment 1) to remain confidential on the grounds specified in the definition of confidential information in section 3(1)(f) of the Local Government Act 2020.

4. Resolves that the successful applicants be named

Motion

MOVED: Cr Frances Eyre

SECONDED: Cr Geoff Paine

That Council:

1. Endorses the fourteen recommended applicants listed for appointment to the 2023‑2025 Positive Ageing Advisory Committee (Attachment 1) as a Positive Ageing Advisory Committee member:

a. Applicant 1 .

b. Applicant 2 .

c. Applicant 3 .

d. Applicant 4 .

e. Applicant 5 .

f. Applicant 6 .

g. Applicant 7 .

h. Applicant 8 .

i. Applicant 9 .

j. Applicant 10 .

k. Applicant 11 .

l. Applicant 12 .

m. Applicant 13 .; and

n. Applicant 14 .

2. Acknowledges and thanks all community members and local agencies who submitted expressions of interest to the Positive Ageing Advisory Committee.

4. Resolves that the successful applicants be named

THE MOTION WAS PUT TO THE VOTE AND CARRIED AND BECAME THE COUNCIL RESOLUTION AS FOLLOWS:

Council Resolution

SECONDED: Cr Geoff Paine

That Council:

1. Endorses the fourteen recommended applicants listed for appointment to the 2023‑2025 Positive Ageing Advisory Committee (Attachment 1) as a Positive Ageing Advisory Committee member:

a. Applicant 1 Richard Kottek

b. Applicant 2 Janice Crosswhite

c. Applicant 3 Anne Hutchinson

d. Applicant 4 Deanna Flinn

e. Applicant 5 Joy Ferguson

f. Applicant 6 Sandra Verdam

g. Applicant 7 Sheila Cheary

h. Applicant 8 Kate Puls

i. Applicant 9 Tom Fisher

j. Applicant 10 Yuqi Yan

k. Applicant 11 Opal Diamond Creek

l. Applicant 12 Banksia Palliative Care

m. Applicant 13 YPRL; and

n. Applicant 14 Healthy Ageing Service St Vincent's Hospital.

2. Acknowledges and thanks all community members and local agencies who submitted expressions of interest to the Positive Ageing Advisory Committee.

4. Resolves that the successful applicants be named

CM.026/23 March 2023 Quarter Financial Report

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Council Meeting Minutes 26 April 2023

12. Officers' reports

Distribution: Public

Manager: Vince Lombardi, Chief Operating Officer

Author: Melika Sukunda, Manager Finance, Assets and Procurement

Summary

This report outlines Council’s financial performance and financial position for the period ended 31 March 2023.

The Income Statement shows an overall favourable year to date (YTD) variance of $6.3 million representing 20.97 percent of YTD Budget. This reflects the combined result of higher than budgeted operating income of $6.5 million and higher than budgeted operating expenses of $210,321.

Council’s overall financial position at the end of this quarter is sound.

The Chief Executive Offipcer has reviewed the quarterly report and the mid-year forecast and has determined that a revised budget is not required.

Council Resolution

SECONDED: Cr Karen Egan

That Council receives and notes the Financial Report for the period ended 31 March 2023 (Attachment 1).

CM.027/23 Draft Onsite Wastewater Management Plan 2024-2029

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Council Meeting Minutes 26 April 2023

12. Officers' reports

Distribution: Public

Manager: Rosa Zouzoulas, Director Planning, Environment and Strategy

Author: Renae Ahern, Manager Planning Services

Summary

The Draft Onsite Wastewater Management Plan has been brought to Council as a statutory document which is to be developed with the consultation of water corporations, the community and other stakeholders.

Building on the success of the previous Domestic Wastewater Management Plan, the most significant objective of the Draft Onsite Wastewater Management Plan (OWMP) 2024-2029, is to develop a risk management assessment for managing the ongoing wastewater requirements throughout the Shire.

The purpose of this report is to seek Council resolution to put the Draft Onsite Wastewater Management Plan out for public consultation.

Council Resolution

MOVED: Cr Peter Perkins

SECONDED: Cr Geoff Paine

That Council:

1. Endorses the Draft Onsite Wastewater Management Plan shown at Attachment 1 for public consultation from 30 April 2023 to 28 May 2023.

2. Invites written submissions regarding the Draft Onsite Wastewater Management Plan (Attachment 1) by 28 May 2023; and

3. Considers public submissions at a future Planning and Consultation Committee meeting.

CM.028/23 January 26 Citizenship Ceremonies moving forward

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Council Meeting Minutes 26 April 2023

12. Officers' reports

Distribution: Public

Manager: Corrienne Nichols, Director Communities

Author: Nichole Johnson, Manager Community Partnerships

Summary

The purpose of this report is to seek endorsement from Councillors regarding a change of date for the Citizenship ceremony that has previously been held on January 26.

The report provides information on the announcement on the update to the Australian Citizenship Ceremonies Code from the Minister for Immigration, Citizenship and Multicultural Affairs. This update enables Local Government greater flexibility to deliver Citizenship January 26.

Council Resolution

SECONDED: Cr Peter Perkins

That Council:

1. Endorses the change of date for Citizenship Ceremony currently held on January 26 to post January 26 moving forward.

2. Endorses that the 2024 Citizenship Ceremony is to be held on Monday 29 January 2024.

3. Endorses the date for future January Citizenship Ceremonies be determined annually at a Council meeting in November which coincides with the election of the Mayor, 14 months prior to the ceremony.

CM.029/23 Jalna Court, Eltham - Proposed Special Charge Scheme

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Council Meeting Minutes 26 April 2023

12. Officers' reports

File: FOL/20/3711

Distribution: Public

Manager: Vince Lombardi, Chief Operating Officer

Author: Enrique Gutierrez, Manager Capital and Infrastructure

Summary

On 29 July 2021 Council received a petition by property owners to partially seal Jalna Court, Eltham, with costs recovered via the implementation of a Special Charge Scheme.

On 21 December 2021 an initial questionnaire was sent to all property owners to gauge their level of support. As part of this questionnaire the first two properties in the street (1 Jalna Court and 6 Jalna Court) were also asked of their interest for a partial scheme to seal only the section of road adjoining these two properties.

The result of the questionnaire confirmed insufficient support to proceed further with an investigation into a Special Charge Scheme to seal the full length of Jalna Court, however there was support to proceed with further investigation into a partial scheme involving the first two properties.

Council officers held an information session on site on 1 September 2022 with these two property owners. On 27 September 2022 a formal questionnaire was sent to confirm their support for sealing the section of road. Both properties confirmed their support.

Based on these results, it is recommended that the development of the Jalna Court Special Charge Scheme proceeds.

Council Resolution

SECONDED: Cr Karen Egan

That Council:

1. Proceeds with the development of a Special Charge Scheme for the partial sealing of Jalna Court, Eltham, (between the western boundary of 1 Jalna Court and the intersection with Sweeneys Lane), with a rural standard of construction.

2. Invites affected property owners to join the task group and to provide comments for consideration within the design process.

CM.030/23 Land Management Incentive Program - Risk Review

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Council Meeting Minutes 26 April 2023

12. Officers' reports

Distribution: Public

Manager: Carl Cowie, Chief Executive Officer

Author: Jeremy Livingston, Director Culture and Performance

Summary

This report relates to a risk review of Council’s Land Management Incentive Program (LMIP) as it relates to deer control and the use of high-powered firearms.

The LMIP offers incentive grants to the community (landowners) for sustainable land management activities that have positive ecological outcomes, support threatened species conservation, and/or support improved and sustainable land management outcomes.

The LMIP guidelines (Attachment 2) were revised and endorsed by Council at the November 2021 Council Meeting. One of the many revisions included more explicitly incorporating deer control into the eligibility criteria of the incentive grants.

Unlike the State Government funded Sugarloaf Link Project, the decision to include deer control into the eligibility criteria of the LMIP program did not include a risk assessment. In hindsight, a risk assessment should have been undertaken for this high-risk activity when the LMIP guidelines were revised in 2021.

To remedy this, the deer control component of the LMIP has now been subject to an independent risk a review, including a detailed risk assessment (Attachment 1).

Given the use of high powered firearms in deer control, this high-risk activity requires a very strong and robust control environment to manage the level of risk associated with this activity. Having regard to the independent risk assessment now undertaken, and the significance of the risk identified, it is recommended that Council:

· Remove deer funding from the LMIP; and

· Consider opportunities for the use of Council contactors for deer control outside of this program.

Recommendation

That Council:

1. Removes shooting based activities as part of the LMIP.

2. Continues to explore alternative programs to manage deer control across the Shire.

3. Requests the Director Planning, Environment and Strategy to implement this decision.

Motion

MOVED: Cr Karen Egan

SECONDED: Cr Geoff Paine

That Council:

1. Removes shooting based activities as part of the Land Management Incentive Program (LMIP).

2. Continues to explore alternative programs to manage deer control across the Shire.

3. Requests the Director Planning, Environment and Strategy to implement this decision.

THE MOTION WAS PUT TO THE VOTE AND CARRIED AND BECAME THE COUNCIL RESOLUTION AS FOLLOWS:

Council Resolution

MOVED: Cr Karen Egan

SECONDED: Cr Geoff Paine

That Council:

1. Removes shooting based activities as part of the Land Management Incentive Program (LMIP).

2. Continues to explore alternative programs to manage deer control across the Shire.

3. Requests the Director Planning, Environment and Strategy to implement this decision.

CM.031/23 Ageing Well in Nillumbik Action Plan 2019-2022 - Final Report

Council Meeting Minutes 26 April 2023

12. Officers' reports

Distribution: Public

Manager: Corrienne Nichols, Director Communities

Author: Narelle Hart, Manager Community Programs

Summary

The purpose of this report is to provide Councillors with the final report of the Ageing Well in Nillumbik Action Plan 2019-2022.

The report provides information on activities undertaken over the three year period of the plan, with particular focus on the final year of the plan.

Council Resolution

SECONDED: Cr Karen Egan

That Council:

1. Accepts the Final Report of the Ageing Well in Nillumbik Action Plan 2019-2022 (Attachment 1).

2. Agrees that any actions from the Ageing Well in Nillumbik Action Plan 2019-2022 (Attachment 2) that require ongoing work will be embedded in the Year 3 and 4 Action Plans of the Nillumbik Health and Wellbeing Plan.

3. Agrees that new actions that support positive ageing and wellbeing will be identified and prioritised in consultation with the Positive Ageing Advisory Committee (PAAC).

4. Acknowledges the positive outcomes that have been achieved through the Ageing Well in Nillumbik Action Plan 2019-2022.

CM.032/23 Tender Report - Contract 2223-035 Design and Construction of a Modular Changing Places and Toilet Facility - Alistair Knox Park

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Council Meeting Minutes 26 April 2023

12. Officers' reports

Distribution: Public

Manager: Vince Lombardi, Chief Operating Officer

Author: Enrique Gutierrez, Manager Capital and Infrastructure

Summary

This report recommends the awarding of contract 2223-035 for Design and Construction of a Modular Changing Places and Toilet Facility - Alistair Knox Park which will replace the ageing brick public toilet facility which does not meet current community expectations, desired service levels or compliance standards such as accessibility.

The contract will commence on 1 May 2023 with completion expected by 1 April 2024.

The Tender Evaluation Panel (TEP) has assessed all submissions and this report provides a summary of their evaluation in recommending the awarding of the contract for 2223-035 for Design and Construction of a Modular Changing Places and Toilet Facility - Alistair Knox Park.

Pursuant to the Instrument of Delegation to the Chief Executive Officer, the value of this contract exceeds the specified financial limits and a Council resolution is therefore required to award the contract.

Recommendation

That Council:

1. Accepts the tender submitted by the preferred tenderer for the sum of $[Redacted] plus $[Redacted] for contingency (inclusive of GST) and enter into the following contract:

Number: 2223-035

Title: Design and Construction of a Modular Changing Places and Toilet Facility - Alistair Knox Park

Term: 1 May 2023 to 1 April 2024

Options: Not applicable.

2. Authorises the Chief Operating Officer to finalise and execute the contract documentation.

3. Authorises the Chief Operating Officer to approve additional cost variations that are a result of unknown latent site conditions or changes to building requirements throughout the term of the contract with a value of no more than the approved budget for the project.

4. Notes that any variations that exceed the agreed approved budget will require a further Council resolution.

5. Advises all tenderers accordingly.

6. Makes public the decision regarding this contract but the Tender Evaluation Report 2223-035 (Attachment 1) remain confidential on the grounds specified in the definition of confidential information in section 3(1)(g) of the Local Government Act 2020.

7. Resolves that the preferred tenderer be named.

Motion

MOVED: Cr Geoff Paine

SECONDED: Cr Frances Eyre

That Council:

1. Accepts the tender submitted by the preferred tenderer for the sum of $[Redacted] plus $[Redacted] for contingency (inclusive of GST) and enter into the following contract:

Number: 2223-035

Title: Design and Construction of a Modular Changing Places and Toilet Facility - Alistair Knox Park

Term: 1 May 2023 to 1 April 2024

Options: Not applicable.

2. Authorises the Chief Operating Officer to finalise and execute the contract documentation.

4. Notes that any variations that exceed the agreed approved budget will require a further Council resolution.

5. Advises all tenderers accordingly.

7. Resolves that the preferred tenderer be named.

THE MOTION WAS PUT TO THE VOTE AND CARRIED AND BECAME THE COUNCIL RESOLUTION AS FOLLOWS:

Council Resolution

SECONDED: Cr Frances Eyre

That Council:

1. Accepts the tender submitted by the GR Design and Construct Pty Ltd for the sum of $374,597.07 plus $74,919.41 for contingency (inclusive of GST) and enter into the following contract:

Number: 2223-035

Title: Design and Construction of a Modular Changing Places and Toilet Facility - Alistair Knox Park

Term: 1 May 2023 to 1 April 2024

Options: Not applicable.

2. Authorises the Chief Operating Officer to finalise and execute the contract documentation.

4. Notes that any variations that exceed the agreed approved budget will require a further Council resolution.

5. Advises all tenderers accordingly.

7. Resolves that the preferred tenderer be named.

CM.033/23 Tender Report - Contract 2223-029 Design & Construct for Diamond Creek Netball Court Cover Project

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Council Meeting Minutes 26 April 2023

12. Officers' reports

Distribution: Public

Manager: Vince Lombardi, Chief Operating Officer

Author: Enrique Gutierrez, Manager Capital and Infrastructure

Summary

This report recommends the awarding of contract 2223-029 for Design & Construct for Diamond Creek Netball Court Cover Project.

The works include the Design and Construction of a new roof structure over courts one and two (1&2), as well as all storm water, service connections access paths and other associated works at Diamond Creek Netball, Diamond Street at Diamond Creek.

The contract arrangement will commence on 1 May 2023 with a practical completion date of 17 November 2025.

The Tender Evaluation Panel (TEP) has assessed all submissions and this report provides a summary of their evaluation in recommending the awarding of the contract for 2223-029 for Design & Construct for Diamond Creek Netball Court Cover Project.

Recommendation

That Council:

1. Accepts the tender submitted by the preferred tenderer for the sum of $[Redacted] plus $[Redacted] for contingency (inclusive of GST) and enter into the following contract:

Number: 2223-029

Title: Design & Construct for Diamond Creek Netball Court Cover Project

Term: 1 May 2023 to 17 November 2025

Options: Not applicable

2. Authorises the Chief Operating Officer to finalise and execute the contract documentation.

4. Notes that any variations that exceed the agreed approved budget will require a further Council resolution.

5. Advises all tenderers accordingly.

6. Makes public the decision regarding this contract but the Tender Evaluation Report 2223-029 (Attachment 1) remain confidential on the grounds specified in the definition of confidential information in section 3(1)(g) of the Local Government Act 2020.

7. Resolves that the preferred tenderer be named.

Motion

MOVED: Cr Peter Perkins

SECONDED: Cr Karen Egan

That Council:

1. Accepts the tender submitted by the preferred tenderer for the sum of $[Redacted] plus $[Redacted] for contingency (inclusive of GST) and enter into the following contract:

Number: 2223-029

Title: Design & Construct for Diamond Creek Netball Court Cover Project

Term: 1 May 2023 to 17 November 2025

Options: Not applicable

2. Authorises the Chief Operating Officer to finalise and execute the contract documentation.

4. Notes that any variations that exceed the agreed approved budget will require a further Council resolution.

5. Advises all tenderers accordingly.

7. Resolves that the preferred tenderer be named.

THE MOTION WAS PUT TO THE VOTE AND CARRIED AND BECAME THE COUNCIL RESOLUTION AS FOLLOWS:

Council Resolution

MOVED: Cr Peter Perkins

SECONDED: Cr Karen Egan

That Council:

1. Accepts the tender submitted by the Greenline Group Pty Ltd for the sum of $1,514,700.00 plus $302,940.00 for contingency (inclusive of GST) and enter into the following contract:

Number: 2223-029

Title: Design & Construct for Diamond Creek Netball Court Cover Project

Term: 1 May 2023 to 17 November 2025

Options: Not applicable

2. Authorises the Chief Operating Officer to finalise and execute the contract documentation.

4. Notes that any variations that exceed the agreed approved budget will require a further Council resolution.

5. Advises all tenderers accordingly.

7. Resolves that the preferred tenderer be named.

CM.034/23 Tender Report - Contract 2223-039 Managed Print Services

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Council Meeting Minutes 26 April 2023

12. Officers' reports

Distribution: Public

Manager: Jeremy Livingston, Director Culture and Performance

Author: Daniel Tarquinio, Manager Information Technology

Summary

This report recommends the awarding of contract 2223-039 for Managed Print Services.

The contract is for the lease and management of 34 networked printer units across eighteen (18) of Councils operational sites.

The contract term is for a period of 5 years.

This contract replaces a previous business as usual contract for Managed Print Services that has reached the end of the agreed term.

The Tender Evaluation Panel has assessed all submissions and this report provides a summary of their evaluation in recommending the awarding of the contract for 2223-039 for Managed Print Services.

Recommendation

That Council:

1. Accepts the tender submitted by the preferred tenderer for the schedule of rates disclosed in (Attachment 1) and enter into the following contract:

Number: 2223-039

Title: Managed Print Services

Term: 5 years from date of units installation and activation

Options: Not applicable.

2. Authorises the Director of Culture and Performance to finalise and execute the contract documentation.

3. Authorises the Director of Culture and Performance to approve changes to operational requirements throughout the term of the contract.

4. Advises all tenderers accordingly.

5. Makes public the decision regarding this contract but the Tender Evaluation Report 2223-039 (Attachment 1) remain confidential on the grounds specified in the definition of confidential information in section 3(1)(g) of the Local Government Act 2020.

6. Resolves that the preferred tenderer be named.

Motion

MOVED: Cr Karen Egan

SECONDED: Cr Peter Perkins

That Council:

1. Accepts the tender submitted by the preferred tenderer for the schedule of rates disclosed in (Attachment 1) and enter into the following contract:

Number: 2223-039

Title: Managed Print Services

Term: 5 years from date of units installation and activation

Options: Not applicable.

2. Authorises the Director of Culture and Performance to finalise and execute the contract documentation.

3. Authorises the Director of Culture and Performance to approve changes to operational requirements throughout the term of the contract.

4. Advises all tenderers accordingly.

6. Resolves that the preferred tenderer be named.

THE MOTION WAS PUT TO THE VOTE AND CARRIED AND BECAME THE COUNCIL RESOLUTION AS FOLLOWS:

Council Resolution

MOVED: Cr Karen Egan

SECONDED: Cr Peter Perkins

That Council:

1. Accepts the tender submitted by the Konica Minolta Business Solutions Australia Pty Ltd for the schedule of rates disclosed in (Attachment 1) and enter into the following contract:

Number: 2223-039

Title: Managed Print Services

Term: 5 years from date of units installation and activation

Options: Not applicable.

2. Authorises the Director of Culture and Performance to finalise and execute the contract documentation.

3. Authorises the Director of Culture and Performance to approve changes to operational requirements throughout the term of the contract.

4. Advises all tenderers accordingly.

6. Resolves that the preferred tenderer be named.

CM.035/23 Informal Meetings of Councillors Records - 26 April 2023

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Council Meeting Minutes 26 April 2023

12. Officers' reports

Distribution: Public

Manager: Blaga Naumoski, Director Governance, Communications and Community Safety

Author: Katia Croce, Governance and Property Lead

Summary

In accordance with Item 19 of Council’s Governance Rule – Meeting Procedure, adopted on 25 August 2020, Council is required to report as soon as practicable to a Council Meeting a record of each Informal Meeting of Councillors held.

This report lists Informal Meetings of Councillors Records submitted since the matter was last reported to Council on 28 March 2023.

An Informal Meeting of Councillors Record was kept for the following meetings (Attachment 1):

1. Positive Ageing Advisory Committee meeting held 3 March 2023;

2. PCC Meeting Pre-Meet held 14 March 2023;

3. Councillor Briefing held 21 March 2023;

4. Council Meeting Pre-Meet held 28 March 2023;

5. Councillor Briefing held 4 April 2023;

6. Reflect Reconciliation Action Plan Councillor Session held 11 April 2023; and

7. PCC Meeting Pre-Meet held 11 April 2023.

Council Resolution

SECONDED: Cr Geoff Paine

That Council, in accordance with Item 19 of Council’s Governance Rule – Meeting Procedure, receives the Informal Meetings of Councillors Records (Attachment 1) for the meetings held.

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Council Meeting Minutes 26 April 2023

CM.036/23 Appointment of Councillor Representative to the Banyule Nillumbik Local Learning Employment Network Inc. Board - May 2023

File: Urgent Business

Distribution: Public

Manager: Sally Johnson, Acting Director Governance, Communications and Community Safety

Author: Katia Croce, Governance and Property Lead

Summary

Council is a member or participant in a range of external organisations at a local, regional or sector level.

Councillors are appointed to represent Council as delegates to those organisations. In some cases, an alternate is also appointed who can attend if the primary Councillor is not available.

Banyule Nillumbik Local Learning and Employment Network Inc. Board (BNLLEN) is made up of representatives from various organisations and institutions that support its vision:

‘to create seamless education, training, and employment outcomes for young people that are inclusive, responsive and innovative.'

Council has received notice of the Annual General Meeting (AGM) scheduled for 24 May 2023 together with a Board Election Notice (Attachment 1 and 2).

The Rules of Association of BNLLEN established a two-year term for each elected Board Member, half the Board are now required to nominate for re-election. This includes Councillor Representative under Category 7 – Local Government.

All members of the BNLLEN are invited to apply, by completing the attached nomination form. Written Board Election Nominations must be submitted to the BNLLEN Secretary by 17 May 2023.

Council’s organisational representative to BNLLEN is the Economic Development and Tourism Lead from Councils Economic Development Team under Category 11 – Co-Opted member, and is a sitting member on the Board.

This report seeks to nominate a Councillor Representative under Category 7 – Local Government for election at the BNLLEN AGM and represent Council at the BNLLEN Board meetings for a two year period to 2025.

Due to the Council Elections occurring in November 2024, Councillor representative to the Board will cease at the commencement of the election period.

Officers will present a report to Council at the 2024 Extraordinary Meeting following the appointment of the Mayor and Deputy Mayor to nominate and seek endorsement of a Councillor Representation to the BNLLEN board to May 2025.

Recommendation

That Council:

1. Nominates Cr ______________ as Councillor Representative (Category 7 – Local Government) to the Banyule Nillumbik Local Learning and Employment Network (BNLLEN) Inc. Board until the commencement of the election period.

2. Requests officers to advise Banyule Nillumbik Local Learning and Employment Network Inc, of Council’s decision.

3. Requests officers to complete and submit the Board Election Notice (Attachment 2) for action and resolution at the BNLLEN Annual General Meeting to be held 24 May 2023.

4. Requests officers bring the matter to Council at the 2024 Extraordinary Meeting following the appointment of the Mayor and Deputy Mayor to nominate and seek endorsement of a Councillor Representation to BNLLEN board to May 2025.

Motion

SECONDED: Cr Karen Egan

That Council:

1. Nominates Cr Frances Eyre as Councillor Representative (Category 7 – Local Government) to the Banyule Nillumbik Local Learning and Employment Network (BNLLEN) Inc. Board until the commencement of the election period.

2. Requests officers to advise Banyule Nillumbik Local Learning and Employment Network Inc, of Council’s decision.

3. Requests officers to complete and submit the Board Election Notice (Attachment 2) for action and resolution at the BNLLEN Annual General Meeting to be held 24 May 2023.

4. Requests officers bring the matter to Council at the 2024 Extraordinary Meeting following the Election of a new Council to nominate and seek endorsement of a Councillor Representative to BNLLEN board to May 2025.

THE MOTION WAS PUT TO THE VOTE AND CARRIED AND BECAME THE COUNCIL RESOLUTION AS FOLLOWS:

Council Resolution

SECONDED: Cr Karen Egan

That Council:

1. Nominates Cr Frances Eyre as Councillor Representative (Category 7 – Local Government) to the Banyule Nillumbik Local Learning and Employment Network (BNLLEN) Inc. Board until the commencement of the election period.

2. Requests officers to advise Banyule Nillumbik Local Learning and Employment Network Inc, of Council’s decision.

3. Requests officers to complete and submit the Board Election Notice (Attachment 2) for action and resolution at the BNLLEN Annual General Meeting to be held 24 May 2023.

4. Requests officers bring the matter to Council at the 2024 Extraordinary Meeting following the Election of a new Council to nominate and seek endorsement of a Councillor Representative to BNLLEN board to May 2025.