Minutes of Council Meeting - Tuesday, 27 July 2021

Council Meeting Minutes 27 July 2021

Nillumbik Shire Council

Minutes of the Meeting of Nillumbik Shire Council held Tuesday 27 July 2021.
The meeting commenced at 7.06pm.

Councillors present:

Cr Richard Stockman Blue Lake Ward

Cr Karen Egan Bunjil Ward

Cr Natalie Duffy Edendale Ward

Cr Peter Perkins Ellis Ward (Mayor)

Cr Ben Ramcharan Sugarloaf Ward

Cr Frances Eyre Swipers Gully Ward (Deputy Mayor)

Cr Geoff Paine Wingrove Ward

Officers in attendance:

Carl Cowie Chief Executive Officer

Vince Lombardi Chief Financial Officer

Hjalmar Philipp Director Operations and Infrastructure

Blaga Naumoski Executive Manager Governance, Communications and Engagement

Corrienne Nichols Executive Manager Communities

Jeremy Livingston Executive Manager Business Transformation and Performance

Rosa Zouzoulas Executive Manager Planning and Community Safety

Eddie Cheng Manager, Information Technology

Nik Mistriotis Lead Systems Architect

Katia Croce Governance Lead

1. Welcome by the Mayor

Members of the public were advised the meeting will be livestreamed and recorded and the live stream and video recording will be made publicly available on YouTube and Council’s website. Whilst every effort will be made to ensure the livestreaming and website are accessible to our community, Council may encounter technical issues beyond its control. Technical issues may include, but are not limited to, the availability of the internet connection, device failure or malfunction, unavailability of social media platforms or power outages.

Should this occur, the meeting will be temporarily adjourned and every effort will be made to continue the Council tonight. If we are unable to recommence the meeting, Council will defer those items on the agenda that have not been considered to a later date.

2. Acknowledgement of Country

Acknowledgement of Country was read by the Mayor, Cr Peter Perkins.

3. Good Governance Pledge

The Good Governance Pledge was ready by Cr Geoff Paine.

3. Prayer

A prayer was read by the Mayor Cr Peter Perkins.

4. Apologies

Nil

Mayor Cr Peter Perkins read the following statement:

Council notes that notwithstanding the leave of absence previously granted to Cr Natalie Duffy at the 29 June Council Meeting until the 20 July 2021, Cr Duffy continued to perform her role as a Councillor during this period and would have attended the 29 June 2021 Council Meeting had remote participation been provided to her.

5. Presentations

Nil

6. Confirmation of minutes

Confirmation of minutes of the Council Meeting held on Tuesday 29 June 2021.

Council Resolution

MOVED: Cr Frances Eyre

SECONDED: Cr Ben Ramcharan

That the minutes of the Council Meeting held on Tuesday 29 June 2021 be confirmed. (Attachment 1).

CARRIED UNANIMOUSLY

7. Disclosure of conflicts of interest

Nil

8. Petitions

Nil

9. Questions from the gallery

Graham Fildes asked the following questions:

Question 1

I note from the minutes of Council’s Meeting on 29th June 2021 that Cr Stockman’s Notice of Motion Heritage Overlay Application for 14 Browns Lane, Plenty was carried unanimously.

Has it become an individual, single Heritage Overlay application rather than one of many bundled applications (Stage A of the Nillumbik Heritage Review)?

Response 1

In accordance with Council’s resolution on 29 June 2021, Council has sought approval from the Minister for Planning for Amendment C137 to the Nillumbik Planning Scheme. This amendment introduces the Heritage Overlay to 14 Browns Lane Plenty on an interim basis under Section 20(4) of the Planning & Environment Act 1987, until such time as Council progresses a further planning scheme amendment to introduce the Heritage Overlay permanently. Council is finalising the heritage citation in order to seek authorisation from the Minister for Amendment C138 to begin a full amendment process to apply the heritage Overlay permanently. Amendments C137 and C138 apply only to 14 Browns Lane Plenty and not any other properties of heritage significance.

Question 2

Further to Council’s intention to apply the Heritage Overlay to the Eltham War Memorial Complex - which is supported by a large number of local residents and has a high level of public interest and sensitivity - could a similarly prepared motion for Heritage Overlay to the Eltham War Memorial Complex also be supported, and considered singly in its own right?

Response 2

The Eltham War Memorial Complex is a complex of buildings that are Council owned and identified by various heritage consultants as being of heritage significance. Council’s resolution on 29 June 2021 adopted Stage A of the Heritage Study and resolved to include the complex as a site to be included in a broader Amendment at the conclusion of Stage B of the Heritage Study. It is understood that there is a high level of interest and sensitivity and Council is committed to applying the Heritage Overlay to the complex in accordance with its resolution.

Julia Drew asked the following question:

Question

Cr Stockman referenced in the recent Blue Lake Ward meeting that the Council had the opportunity to nominate sites to the VHBA for consideration. Can you please confirm the list of sites proposed, the selection criteria and if the area proposed by the VHBA was included on the consideration list from Nillumbik Shire Council?

Response

Council received a request from DHHS and VHBA in April 2019, requesting that Council propose some potential sites for its review of siting the Eltham Area Community Hospital.

The selection criteria was to include; 4-5 hectares in size to future proof the hospital for future expansion if necessary, are easily accessible and well placed to service long term population growth and to support the network of other health facilities and services.

Nillumbik Council Facilities Complex (Civic Drive), being all the area and inclusive of the Council offices, through to the Diamond Valley Sports and Fitness Centre, car parking areas and open space adjacent to the Greensborough bypass was identified on the list of sites proposed by Council on the basis of its (4-5ha) size and was to be considered on the condition that should it be chosen, that Council’s Shire offices be relocated to the old shire office site in Eltham to provide for a new hospital building.

Council further stated in its reply to DHHS that options within the Eltham Major Activity Centre were preferred on the basis:

• placing a major community facility into an activity centre

• providing an anchor employer for the activity centre and one befitting the predominant skills of the local workforce

• supporting synergies with surrounding services, retail etc.

• placing the hospital in close proximity to a public transport hub

• making high-use of a key development site in the activity centre.

The above outcomes are highly consistent with State and Council Activity Centre Policy.

Potential sites put forward included:

1. Former Eltham Shire Offices Site and abutting Council/State Land, Eltham

2. Car Parking and Stabling, Station Precinct, Eltham

3. St Vincent’s Care Services, Diamond Street, Eltham

4. Nillumbik Council Facilities Complex, Civic Drive, Greensborough

5. Bus Depot Site, 103 Main Hurstbridge Road, Diamond Creek

6. Andrew Park, Eltham.

Rachael Bye asked the following questions:

Question 1

Could council please clarify if the land announced as preferred by the VHBA for the Eltham Area Community Hospital in Apollo Parkways was suggested by council? Did the VBHA approach council for the land or did council put forward the site as an option without any local consultation?

Response 1

The Eltham Area Community Hospital is a State Government project undertaken by VHBA who have currently commenced community consultation.

Question 2

What were the other site options, and were these rejected by the VHBA or by council and are you now able to share the selection criteria and reasons for site rejections?

Response 2

Potential sites put forward included:

1. Former Eltham Shire Offices Site and Abutting Council/State Land, Eltham

2. Car Parking and Stabling, Station Precinct, Eltham

3. St Vincent’s Care Services, Diamond Street, Eltham

4. Nillumbik Council Facilities Complex, Civic Drive, Greensborough

5. Bus Deport Site, 103 Main Hurstbridge Road, Diamond Creek

6. Andrew Park, Eltham.

The decision on where to site the Eltham Area Community Hospital was a decision made solely by the State Government.

Rosemary Burdett asked the following questions:

Question 1

Given that the Civic Circuit car park is already at capacity when the sports stadium activity is at a maximum, even before the new netball courts are open, does the Council agree that the proposed hospital with paid carparking will make it almost impossible for local people to access parking for the stadium, council offices, library and play space?

Question 2

If so, will the council support the local residents and users of the civic space, and oppose the sale of the carpark and adjacent green space to the VHBA for the 'Eltham Hospital'?

Response

Council has not yet resolved a formal position on whether to support the proposal or not.

Council will need to gain a more comprehensive understanding of the proposal and its impacts before a decision can be made.

Dr Svetlana Ryzhikh - President of Friends of Apollo Parkways asked the following questions:

Question 1

Why was the Civic Drive Development Masterplan 2015 not provided to the VHBA during their investigation into possible sites for the Eltham Area Community Hospital?

Question 2

I personally contributed to the content of 2015’s Masterplan: exhaustive reference groups, consultations, workshops, and funding submissions over a 6-year period.

What measures will Nillumbik Shire undertake to ensure this vision is not devalued, downgraded and ultimately destroyed?

Response

Council officers have informed VHBA of the community’s use and shared vision of the Nillumbik Council Facilities Complex (Civic Drive) site.

Council officers advised VHBA of the preference to locate the proposed Eltham Area Community Hospital in the Eltham Major Activity Centre (the old shire office site) for reasons stated above and as stated in adopted positions of Council in its Eltham Major Activity Centre Structure Plan.

Liz Arthur asked the following questions:

Question 1

Why is the Eltham Hospital being built in Greensborough when old Eltham Shire Office was originally proposed?

Question 2

Where will cars park for fitness & sports centre if Hospital built on current car park, plus this doesn’t answer question regarding traffic on Brentwick Drive, only exacerbates it?

Response

As this is a Victorian Government project, any questions about the project and its location would be best put to the VHBA as the responsible authority.

Jo Conlon asked the following questions:

Question 1

How can the Civic Drive community space be considered for the site of the new Eltham hospital given that it does not fulfil many of the requirements named in the community consultation process; in particular, being near public transport, potential for expansion and sufficient parking for staff and patients?'

Question 2

Is it possible for Council to propose a more suitable site that is near a train station?

Response

As this is a Victorian Government project, any questions about the project and its location would be best put to the VHBA as the responsible authority.

Carol Doherty asked the following questions:

Question 1

When the VHBA approached Council to buy the Civic Drive Precinct site why did Council not advise them that this site was not for sale because it was covered by Community Facilities Upgrade Masterplan - October 2015 and was rezoned to Public Park and Recreation Zone at a Council meeting on 26th March 2019?

Response 1

Council was not approached to sell land, it was approached to provide possible sites for a community hospital. Council has advised the VHBA of the precinct’s values, planning zone and utilisation to the local community.

Question 2

Has Council advised the developer(s) who recently purchased the Whittingham Circuit estate that the townhouses will not be overlooking a peaceful, green park, but instead a hospital with an asphalted car park with noisy, bustling patrons every night and all weekend?

Response 2

Council has not resolved to sell land to the State Government for the Eltham Area Community Hospital.

Greg Ryjikh asked the following questions:

Question 1

The proposed Hospital will take away 58 out of 77 car parks that are currently reserved for Council's staff. Where will you guys park?

Question 2

Do the CEO and Councillors care that the officers and visitors will be disadvantaged by the loss of 3/4 of the reserved Council car park?

Response

Council as a key stakeholder in the Nillumbik Council Facilities Complex is seeking further detail on the proposed hospital and advice on its potential economic, social and environmental impacts on the precinct.

Sahan Fernando asked the following questions:

Question 1

What is the impact on parking and traffic in the area with proposed development of the Eltham area hospital? Currently, the parking in the Civic Drive area is not sufficient (especially during school times) and the traffic is very had during school times. Development of a new hospital will increase accidents in the area. Also, development of town houses on the recently sold land will not help with traffic in the area

Question 2

How ambulances can access proposed hospital? The Civic drive cannot cater fast moving ambulances. Especially during school times. This will again increase the risk of school children facing accidents in the area.

Response

As this is a Victorian Government project, any questions about the project and its location would be best put to the VHBA as the responsible authority.

Nicole Triep asked the following questions:

Question 1

Will council be conducting their own community consultations with residents in addition to the VHBA "Information session?"

Question 2

If not, how do council plan to advocate for the local community?

Response

Council is keen to understand the community view on the proposed development and will be seeking community feedback in the near future.

Margaret McKenzie asked the following questions:

Question 1

Why do you think that Apollo Parkways don't deserve the same open park recreational space compared to other communities?

Response 1

As this is a Victorian Government project, any questions about the project and its location would be best put to the VHBA as the responsible authority.

Question 2

Has NDIS been consulted regarding there is no Train Station & Bus service which would meet the needs for the disabled?

Response 2

As this is a Victorian Government project, any questions about the project and its location would be best put to the VHBA as the responsible authority.

Graeme Schultz asked the following questions:

Question 1

How busy is the drug rehabilitation facility of the hospital envisaged to be and what part of the drug rehabilitation facility will be purposed towards the safe injecting room?

Question 2

What makes Greensborough a better choice than council land in Susan Street and Bell Street?

Response

As this is a Victorian Government project, any questions about the project and its location would be best put to the VHBA as the responsible authority.

Chris Wales asked the following question:

Question 1

With the extended sports facility, new housing, council offices, library, popular playground, polytechnic and school with 700+ students adjacent to the proposed cottage hospital - how does council plan to guarantee the effective traffic management and safety of residents, students, sports patrons, vulnerable visitors and others?

Response

Council takes its responsibility for community safety very seriously and as such would seek to discuss such matters with the VHBA. Council has and will continue to advocate for an efficient and safe road network in all discussions and communications with government.

Stacie Wang asked the following questions:

Hello Nillumbik Council,

I’m a resident on Brentwick Drive, just down the road to Apollo Parkways Primary.

This question is regarding to the Eltham Community Hospital, and the traffic/parking issues it may cause. I’m sure many other residents to Apollo parkways are also very interested in this topic.

Question 1

Pre COVID, when all facilities are open, the carpark that is used for the gym, library, council office, playground and even school pick-ups (which the Eltham Community Hospital is wanting to build over/on top) is always full in capacity. Will the hospital build additional FREE carparks to facilitate the increase of staff and public visitors? – the least we want to see is MORE CARS filling up the sides of our street, especially during school pickup hour.

Response 1

As this is a Victorian Government project, any questions about the project and its location would be best put to the VHBA as the responsible authority.

Question 2

The roundabout. It is the main entry/exit to our estate, the congestion and chaos during peak hours are already very difficult to deal with. With the increase in traffic the hospital will bring, this problem really needs the attention it deserves. Are there any proposed solution to this?

Response 2

Council takes its responsibility for community and road safety very seriously and as such would seek to discuss such matters with the VHBA. Council has and will continue to advocate for an efficient and safe road network in all discussions and communications with government.

Kate Fleet asked the following questions:

Question 1

Is the council aware or does the council have a copy of the traffic modelling completed by the VHBA, and when was this data compiled? As the library has been closed for renovations, school has been on/off with remote learning or staggered start and finish times and the council have had working from home conditions. In addition to all of this the expanded DVSFC has been closed and upgraded with additional courts during this time.

Question 2

If the council has not been made aware of the traffic modelling by the VHBA, why was this not requested by council for discussion with the VHBA prior to the site selection being made.

Response

Council was neither consulted nor privy to the ultimate site selection of the Eltham Area Community Hospital. Council has not decided on the State Government project. Council has and will continue to advocate for an efficient and safe road network in all discussions and communications with the VHBA.

Tim Fleet asked the following questions:

Question 1

How many sites for Eltham Area Community Hospital did Nillumbik suggest to VHBA?

Response 1

Six proposals were put to DHHS in April 2019. Six proposals were presented on their ability to meet the criteria put forward by DHHS. Of the six proposals, Council reinforced its preferred, the former Eltham Shire Council office site for reasons outlined earlier.

Question 2

Was Apollo Parkways parkland one of the Nillumbik nominated sites?

Response 2

Apollo Parkways parkland is part of the entire Nillumbik Council Facilities Complex, so as to comply with the 4-5ha site selection criteria but was never proposed by officers as a site for the Eltham Area Community Hospital.

Dianne Brooker asked the following questions:

Question 1

If Nillumbik Shire agree to sell Civic Drive land, will Nillumbik be reimbursed for the cost of site levelling, landscape works, tree planting & irrigation for the passive recreation area in 2018 approx. $300.000

Question 2

Given it is not vacant land but protected parkland and will result in loss of amenity into perpetuity. What price will sufficiently compensate Nillumbik residents for this loss?

Response

Council has not yet resolved a formal position on whether to support the proposal or not.

Council will need to gain a more comprehensive understanding of the proposal and its impacts before a decision can be made.

Trish Turco provided a statement and asked the following questions:

Continuing along the line of planning for the Eltham Community Hospital in Apollo Parkways .. Looking at the existing bus routes to civic drive. There are currently none that go down Civic Drive (except for the school busses). The 3 bus routes 343, 901 and 385 stop near Civic Drive, they do not travel along the Civic Drive.

Question 1

My question is, will there be a new bus routes added to drive down Civic Drive to stop on the street?

Question 2

And given the natural incline of the land, will the busses go directly to the hospital? The walk from Civic Drive to the proposed hospital location, can be awkward to walk for the elderly and those pushing prams (lot of undulating land).

Response

As this is a Victorian Government project, any questions about the project and its location would be best put to the VHBA as the responsible authority.

Council Meeting Minutes 27 July 2021

11. Officers' reports

CM.109/21 Instrument of Delegation to the Chief Executive Officer

Distribution: Public

Manager: Blaga Naumoski, Executive Manager Governance, Communications and Engagement

Author: Katia Croce, Governance Lead

Summary

The current Instrument of Delegation of powers, duties and functions to the Chief Executive Officer (CEO) was approved by Council on 25 August 2020.

The Local Government Act 2020 (the Act) provides for each Council to establish a delegation of power. The Act also requires Council to review the delegation within one year of each general election. This report meets Councils obligations under the Act.

The delegation of powers is considered essential to enable day-to-day decisions to be made to ensure the operations of Council are enacted efficiently and effectively. Delegations are standard practice across all Councils. Delegations should be regularly updated to reflect any legislative changes and or a more appropriate level of accountability.

The review of the Instrument of Delegation to the Chief Executive Officer in this instance does not recommend any changes apart from minor formatting changes to recognise the most recent review date.

Recommendation

That Council:

1. In the exercise of the power conferred by s 11(1)(b) of the Local Government Act 2020 (the Act), Nillumbik Shire Council (Council) resolves that:

a) There be delegated to the person holding the position, or acting in or performing the duties, of Chief Executive Officer the powers, duties and functions set out in the attached Instrument of Delegation to the Chief Executive Officer, (Attachment 1) subject to the conditions and limitations specified in that Instrument.

b) The instrument comes into force immediately the common seal of Council is affixed to the instrument.

c) On the coming into force of the instrument all previous delegations to the Chief Executive Officer are revoked.

d) The duties and functions set out in the instrument must be performed, and the powers set out in the instruments must be executed, in accordance with any guidelines or policies of Council that it may from time to time adopt.

Motion

MOVED: Cr Ben Ramcharan

SECONDED: Cr Natalie Duffy

That Council:

1. In the exercise of the power conferred by s 11(1)(b) of the Local Government Act 2020 (the Act), Nillumbik Shire Council (Council) resolves that:

a) There be delegated to the person holding the position, or acting in or performing the duties, of Chief Executive Officer the powers, duties and functions set out in the attached Instrument of Delegation to the Chief Executive Officer, (Attachment 1 with an amendment to the financial component in 3.1 and 3.2 to read $300,000 instead of $500,000) subject to the conditions and limitations specified in that Instrument.

b) The instrument comes into force immediately the common seal of Council is affixed to the instrument.

c) On the coming into force of the instrument all previous delegations to the Chief Executive Officer are revoked.

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

Council Resolution

MOVED: Cr Ben Ramcharan

SECONDED: Cr Natalie Duffy

That Council:

1. In the exercise of the power conferred by s 11(1)(b) of the Local Government Act 2020 (the Act), Nillumbik Shire Council (Council) resolves that:

a) There be delegated to the person holding the position, or acting in or performing the duties, of Chief Executive Officer the powers, duties and functions set out in the attached Instrument of Delegation to the Chief Executive Officer, (Attachment 1 with an amendment to the financial component in 3.1 and 3.2 to read $300,000 instead of $500,000) subject to the conditions and limitations specified in that Instrument.

b) The instrument comes into force immediately the common seal of Council is affixed to the instrument.

c) On the coming into force of the instrument all previous delegations to the Chief Executive Officer are revoked.

CARRIED UNANIMOUSLY