Minutes of Council Meeting - Tuesday, 27 August 2024

SECONDED: Cr Karen Egan

That Council notes the apologies from Cr Frances Eyre and
Cr Richard Stockman.

6. Declarations of conflict of interest

Cr Karen Egan declared a material conflict of interest in item CM.093/24 Bourchiers Road Special Charge Scheme, Kangaroo Ground - Declaration .

Carl Cowie Chief Executive Officer declared a material conflict of interest in item CM.097/24 CEO Employment Matters.

7. Presentations

Condolence - John Brenan

We are deeply saddened to hear of the recent passing of Nillumbik resident John Brenan.

John was Principal of Eltham College from 1987 to 1999, and College Life Member.

He was instrumental in the establishment of Clean Energy Nillumbik in 2017, serving for six years as Chairperson and Committee member, dedicating endless hours to governance, operations and events.

John was President for many years and a Committee Member of the Wadambuk St Andrews Community Centre Committee of Management. As a member of the St Andrews Community Centre Steering Committee he was also instrumental in the rebuild of Wadumbuk.

He was a Member of Council’s Environment and Sustainability Advisory Committee from 2019 to 2022 and a volunteer bus driver with the Community Transport Service.

John was an energetic and enthusiastic contributor to the Nillumbik community, and was passionate about inspiring and helping communities to take steps to achieve zero emissions targets.

Following the 2009 bushfires, John and wife Sarah re-built their home with a focus on sustainability. Their home has been showcased several times as an open house at the Nillumbik ‘Sustainable House Day’.

John will be remembered for his tireless contributions in his personal, professional and community life, his commitment, leadership, mentoring and generosity.

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

Nillumbik Community Awards 2024

The Shire’s ‘community champions’ were celebrated at the Nillumbik Community Awards on Thursday 22 August 2024.

The awards, held at the Eltham Community and Reception Centre, were presented to individuals and groups across seven categories for their contributions and achievements in the Nillumbik community.

The winners of each category for 2024 were:

Volunteer of the Year: Warwick Leeson OAM

Community Group of the Year: The Lions Club of Eltham

Community Group – High Commendation: Rotary Club of Eltham

Nillumbik Young Citizen of the Year: Bethany Woodman

Nillumbik Young Citizen – High Commendation: Mikayla Mountney

Contribution of the Year – Arts Culture and Heritage: Pat Reynolds

Contribution of the Year – Diversity and Inclusion: Phil Petersen

Contribution of the Year – Environment & Sustainability: Boomerang Bags

Contribution of the Year – Reconciliation: Research Junior Football Club

Over 30 nominations across the seven award categories were received. The quantity and quality of the nominees reflects the strength of Nillumbik’s sense of community.

Attended by 160 people, this event showcased past achievements and ongoing efforts. It is so great to see so many community members show support and encouragement to all the nominees and strengthen connection with others.

Congratulations to all our deserving award recipients.

Presentation to the Mayor and Deputy Mayor

Carl Cowie Chief Executive Officer presented the Deputy Mayor Karen Egan and Mayor Ben Ramcharan with a token of appreciation for their contributions as Deputy Mayor and Mayor for the 2023/2024 term. Photos were taken.

Council Meeting Minutes 27 August 2024

9. Petitions

Nil

10. Questions from the gallery

Angela Zane has submitted the following question:

Question 1

How does the current kindergarten allocation process adhere to Victorian State Government mandated policies, such as the Kindergarten Central Registration and Enrolment best practice and the Victorian Early Years Learning and Development Framework?

Response 1

The State Government acknowledges Local Government as a key provider and major owner of kindergarten facilities and funds local governments to manage central enrolment schemes to support equitable access for all eligible children within a municipality. Council allocates preschool places according to the guidelines set by the Department of Education being that the Department of Education’s priority of access criteria must be used prior to applying local criteria.

Krystal Navez on behalf of Eltham South Preschool has submitted the following question:

Question 1

What specific steps are being taken to ensure transparency and consistency in the kindergarten enrolment process, in line with the Public Transparency Policy and the Nillumbik Customer First Strategy?

Response 1

Council’s Priority of Access was developed in consultation with community, kindergarten services and the Department of Education. Where changes have been made to this due to changes in government policy, these have been made in consultation with residents and preschool services.

The Priority of Access (POA) is a public document available on Council’s website and is referred to throughout the registration and allocation of places. Knowledge and understanding of the POA is required by families when submitting an application for a place at one of the Shire’s standalone preschools.

A specialised software program is used to intake registration data and allocate places automatically based on the priority of access criteria. This software system is used by 33 other local government areas who manage central registrations.

Elisa Polimeni-Das has submitted the following questions:

Question 1

In the kinder allocation process, can council come in line with most other local government areas in the vicinity and prioritise Nillumbik residents who have a connection to the kinder (i.e. past or current siblings) as well as proximity to the kinder (a 2km radius for example) ahead of the current priority 2 which is just 'Nillumbik residents' in order to help build stronger communities within the kindergarten as well as allowing families to walk rather than having to drive to kinder?

Response 1

Other than Priority 1 which the Department of Education set, all local governments have varying priorities of access. Nillumbik Shire Councils Priority of Access aligns with that of Banyule and Whittlesea Preschool allocation guidelines.

Council is undertaking benchmarking against other Central Registration Scheme Priority of Access guidelines to determine the variations and will consider these alongside the principle set by the Department of Education that all eligible children are entitled to equitable access to kindergarten places.

Question 2

In the kinder allocation process, can council prioritise older children (those turning 4 early in the year) applying for places over those who do not turn 3 until after the preschool year has begun?

Response 2

As per Department of Education Kindergarten Funding Guide, children who turn 3 years prior to 30 April are eligible to enrol in a funded three year old program in that year.

Children who turn 4 years prior to 30 April in the year of attendance are eligible to apply and attend the four year old kindergarten program.

All central registration schemes and preschools are required to align with these guidelines to receive kindergarten funding.

David Pincheira, Director - Reflection Outreach NFP has submitted the following questions:

Question 1

Background Information

Reflection Outreach's mission is to restore dignity to the homeless and disadvantaged by providing housing. We aim to enact our belief that housing is a fundamental human right.

Regarding the specific site location of unused land at 739 Main Rd Eltham, this land is behind the Eltham Living and Learning Centre and the Eltham Play House Occasional Care. This land is identified as highly suitable for Social Housing. Will you support the follow-up of a proposal to use this land for our proposed eco cabins that would have minimal environmental impact and support the Living and Learning Centre's mission for inclusion?

Response 1

Nillumbik Shire Council as a Planning Authority under the Planning and Environment Act (1987) has obligations to align its future planning for housing with the directions set out in Plan Melbourne 2017-2050 (currently under redevelopment as Plan for Victoria – a submission to such being presented to Council for its consideration of endorsement at tonight’s Council Meeting).

Council has been recently reviewing its Housing Strategy, with community consultation to inform it undertaken throughout April/May this year. In addition, the State government released its ‘Big Ideas’ to inform a future Plan for Victoria, and draft housing targets for each local government area in Victoria. Nillumbik Shire will be able to consider and update its draft Housing Strategy to identify how it will accommodate future housing including to determine future opportunities for social housing within the Shire. Therefore at this stage, it is premature to confirm the future status of the site at 739 Main Road Eltham.

Question 2

Will you support Reflection Outreach in preliminary discussions with other departments within the Nillumbik Council, such as the Nillumbik Youth team, Officers, Frank Vassilacos the new Director of Planning Environment and Strategy as well as the Living and Learning Centre team, regarding how we can work together in a spirit of collaboration and community to support the Nillumbik Council's plan for future housing?

Response 2

Council acknowledge the verbal submission made to the April Planning and Consultation Committee meeting from Reflection Outreach with regard to specific council owned assets including parkland and the need for what was identified at that time as crisis accommodation.

This verbal submission along with all written and verbal submissions made to the draft Housing Strategy will be used to inform updates to the draft Housing Strategy before the next round of engagement (subject to the release of final housing targets by the State government).

Officers are happy to meet with the Reflection Outreach team to further understand the organisations purpose given the range of matters identified through verbal submission and these questions e.g. social housing and eco cabins.

Andy Barras has submitted the following questions:

Question 1

In 2022, flooding destroyed the pedestrian bridge at Bridge St, Eltham. Since then, repairs have been made to the southern bridge near Pitt St, but no action seems to have been taken on the northern side, forcing either a long detour or crossing on the Bridge St footpath, which is not an ideal path for young families like mine.

What progress or decisions have been made regarding replacing this important pedestrian link?

Question 2

Is the council still committed to replacing this bridge?

Combined Response

With regard to the bridge replacement on the northern side investigations have been undertaken to the replace the bridge. In compliance with current Melbourne Water Regulations and proximity to the road, the replacement bridge would be required to be built to the one hundred year flood level, applicable safety and accessibility standards. These requirements result in a significantly higher bridge structure and impact the overall cost of replacement (approximately $2 million). Discussions have occurred to source alternate funding streams with no successful outcome to date. Council will continue to investigate solutions for pedestrian access.

Meena Gill on behalf of Nillumbik 4 Palestine has submitted the following questions:

Question 1

The Nillumbik for Palestine petition was received by Council on June 25th, 2024. Nillumbik for Palestine was advised that Governance would issue a report to Councillors on our petition on August 20 2024. It has now been two months since receipt of the petition. We, as concerned community members have been trying to engage with Council on this for the entirety of this year and have written countless letters to Councillors. We have received hardly any responses from Councillors and don't feel heard. The genocide in Gaza continues with the death toll as referenced by the Lancet journal as being at more than 186,000 people. Does Council recognise the sovereignty of the state of Palestine?

Response 1

We want to assure you that the Council acknowledges the significance of this matter and is appropriately considering the matter. As previously mentioned, the petition is still under review, we are not yet in a position to comment on whether the requests will be adopted as resolutions. It is important to recognise that this process involves several steps, including detailed analysis and briefing of Councillors, which can take time.

At this stage it would be up to the new council to bring a motion should they choose to do so.

Council Meeting Minutes 27 August 2024

11. Reports of Advisory Committees

AC.007/24 Advisory Committee Report - 27 August 2024

Distribution: Public

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

Author: Katia Croce, Manager Governance and Property

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. Recreation Trails Advisory Committee meeting held 20 March 2024;

2. Health and Wellbeing Advisory Committee meeting held 16 July 2024; and

3. Recreation Trails Advisory Committee meeting held 17 July 2024.

Council Resolution

SECONDED: Cr Karen Egan

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

CM.080/24 Reconciliation Action Plan

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Council Meeting Minutes 27 August 2024

12. Officers' reports

Distribution: Public

Manager: Corrienne Nichols, Director Communities

Author: Nichole Johnson, Manager Community Partnerships

Summary

The purpose of this report is to present the draft Reconciliation Action Plan (RAP) (Attachment 1) for conditional endorsement before submission to Reconciliation Australia for feedback and approval.

The RAP outlines the shared approach Council will take to progress reconciliation and work alongside First Nations people in all Council services.

The RAP has been updated taking into consideration feedback from Traditional Owners, the RAP Working Group and consultation findings.

Council Resolution

SECONDED: Cr Geoff Paine

That Council:

1. Endorses in principle the Draft Reconciliation Action Plan (Attachment 1), acknowledging that feedback from the Wurundjeri Woi-wurrung Cultural Heritage Aboriginal Corporation is imminent.

2. Authorises the Director Communities to make minor changes to the Draft Reconciliation Action Plan and the Draft Statement of Commitment once feedback is received from the Wurundjeri Woi-wurrung Cultural Heritage Aboriginal Corporation.

3. Authorises the Director Communities to submit and seek feedback on the Reconciliation Action Plan from Reconciliation Australia.

4. Authorises the Director Communities to make changes that may be necessary and are inconsequential in nature to the Reconciliation Action Plan based on feedback from Reconciliation Australia.

5. Notes that the Reconciliation Action Plan will be presented to Council for endorsement if significant changes are required based on feedback from Reconciliation Australia.

CM.081/24 Communication Strategy 2022-25 Annual Action Plan Update

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Council Meeting Minutes 27 August 2024

12. Officers' reports

Distribution: Public

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

Author: Tracey Varley, Manager Communications and Engagement

Summary

The Communications Strategy 2022-2025 (Attachment 1) was adopted by Council on
26 July 2022 as a priority action of the Council Plan 2021-2025.

Its aim is to enhance the connection between Nillumbik’s residents and the information they seek regarding Council programs, services and decisions.

The Strategy outlines an Action Plan with 36 priority actions of which 26 actions were included in the Year 2 Action Plan (including 15 ongoing actions carried forward from the Year 1 action Plan).

The purpose of this report is to present to Council an annual report on the Year 2 Action Plan (Attachment 2) of the Strategy and present the Year 3 Action Plan for endorsement (Attachment 3).

Council Resolution

SECONDED: Cr Karen Egan

That Council:

1. Notes the Communications Strategy 2022-2025 Year 2 Action Plan Report; and

2. Endorses the Communications Strategy 2022-2025 Year 3 Action Plan.

CM.082/24 Review of Council's Advisory Committee policy and Terms of Reference template

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Council Meeting Minutes 27 August 2024

12. Officers' reports

Distribution: Public

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

Author: Katia Croce, Manager Governance and Property

Summary

This report seeks to adopt a revised Advisory Committee Policy (Policy) (Attachment 1) and Terms of Reference template (ToR) (Attachment 2) following a review by Council Officers.

On 26 October 2021 Council endorsed a new Advisory Committee Policy and standardised Terms of Reference template.

The process in reviewing these documents considered the experience of Advisory Committees using the current endorsed Policy and ToR template and considered changes to related legislation, the operational use of the policy and improvements to Council operating procedures.

Council Resolution

SECONDED: Cr Geoff Paine

That Council adopts the Advisory Committee Policy (Attachment 1) and Terms of Reference template (Attachment 2).

CM.083/24 Naming proposal for Civic Drive Precinct (Park)

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Council Meeting Minutes 27 August 2024

12. Officers' reports

Distribution: Public

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

Author: Katia Croce, Manager Governance and Property

Summary

At its Council Meeting on 30 April 2024, Council endorsed the commencement of the public consultation process on the proposed naming of Civic Drive Precinct (Park) at 1 Civic Circuit, 44 and 44B Civic Drive, Greensborough to ‘Kirrip Park’, including naming the:

a) Building ‘Kirrip Pavilion’;

b) Outdoor Performance Area ‘Kirrip Outdoor Performance Space’;

c) Playground ‘Kirrip Playspace’; and

d) Exercise / Flat Open Space Area ‘Kirrip Recreation Space’

as shown in Attachment 1.

Community consultation occurred on the above naming proposals between 3 May 2024 to 2 June 2024.

Council received 208 submissions and one submission from the local School with feedback from 32 children. All submissions are included in Attachment 2 (redacted) and Attachment 3 (unredacted).

Overall 63.75% of submissions were supportive of the name proposal, 35.83% objected to the name and .42% were neutral. Two submitters in support of the name spoke on behalf of their submission at the Planning and Consultation Committee Meeting held on 16 July 2024.

Following evaluation of all responses received, it is recommended that the entire Civic Drive Precinct (Park) be named ‘Kirrip Park’ including naming of the areas within the Park as outlined above.

Council Resolution

MOVED: Cr Peter Perkins

SECONDED: Cr Karen Egan

That Council:

1. Notes that the majority of the 240 submissions received and considered in response to Council’s public notice on the following naming proposals as required under Section 7 of the Naming Rules for Places in Victoria – 2022 (Naming Rules), and Council’s Community Engagement Policy supported:

a) The entire Civic Drive Precinct (Park) at 1 Civic Circuit, 44 and 44B Civic Drive, Greensborough to be named ‘Kirrip Park’;

b) The Building within the Civic Drive Precinct (Park) area to be named ‘Kirrip Pavilion’;

c) The Outdoor Performance Area within the Civic Drive Precinct (Park) area to be named ‘Kirrip Outdoor Performance Space’;

d) The Playground within the Civic Drive Precinct (Park) area to be named ‘Kirrip Playspace’; and

e) The Exercise / Flat Open Space Area within the Civic Drive Precinct (Park) to be named ‘Kirrip Recreation Space’

as shown in Attachment 1.

2. Considers the submissions in Attachment 2 and notes that all submitters were provided with the opportunity to be heard by the Planning and Consultation Committee on 16 July 2024.

3. Resolves to submit the name ‘Kirrip Park’ for the Civic Drive Precinct (Park) to the Registrar of Geographic Names Victoria for consideration and inclusion in VICNAMES register, including naming of areas within ‘Kirrip Park’ as follows:

a) Building ‘Kirrip Pavilion’;

b) Outdoor Performance Area ‘Kirrip Outdoor Performance Space’;

c) Playground ‘Kirrip Playspace’; and

d) Exercise / Flat Open Space Area ‘Kirrip Recreation Space’

4. Advises all submitters and all relevant parties of the outcome on the naming proposal for Civic Drive Precinct (Park) and other areas in the Park.

5. Resolves the confidential un-redacted copy of the written submissions to the naming proposal (Attachment 3) remain confidential on the grounds specified in the definition of confidential information in section 3(1)(f) of the Local Government Act 2020.

CM.084/24 Proposed Road Deviation - Part of Simpson Road and Ridge Road, Christmas Hills

Council Meeting Minutes 27 August 2024

12. Officers' reports

Distribution: Public

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

Author: Katia Croce, Manager Governance and Property

Summary

At the Council meeting on 30 April 2024, Council considered Melbourne Water Corporations (MWC) request to complete a road deviation for part of Simpsons Road and Ridge Road in Christmas Hills so that the titles are consistent with the location of Simpson Road and Ridge Road as constructed, refer to Attachment 1 and Attachment 2.

Council resolved at this meeting to give public notice and seek submissions on the proposed Road Deviation pursuant to section 207A and 223 of the Local Government Act 1989 (1989 Act).

As Council received no written submissions in response to the public notice and no person requested to be heard at the Planning and Consultation Committee Meeting on 16 July 2024, Council can now resolve to proceed with the Road Deviation pursuant to section 207A of the 1989 Act and transfer of the Unused Road to MWC under section 116 of the Local Government Act 2020 (Land Transfer).

Council Resolution

SECONDED: Cr Natalie Duffy

That Council, having followed the statutory procedures under clause 2 of Schedule 10, sections 207A and 223 of the Local Government Act 1989 (1989 Act) and having received no submissions and no request to be heard at the Planning and Consultation Committee Meeting on 16 July 2024:

1. resolves to deviate part of Simpson Road and Ridge Road, Christmas Hills (Road) which comprises the following:

a) discontinuing that part of the Road shown as Lot 5 and cross-hatched on the plan contained in Attachment 3 to this report, being those parts of the government road that are not used as a road on Crown land (Unused Road); and

b) deviating the Road to the location shown as Lot 4 and hatched on the plan contained in Attachment 3 to this report, being part of the land contained in certificates of title volume 8222 folio 900, volume 8480 folio 275 and volume 8480 folio 278 (Constructed Road), which is registered in the name of Melbourne Water Corporation (MWC),

(together the Road Deviation)

2. subject to Council first resolving to proceed with the Road Deviation, resolves to complete the transfer of the Unused Road to MWC under section 116 of the Local Government Act 2020 (Land Transfer);

3. notes that the Road Deviation and Land Transfer is subject to MWC making the land comprising the Constructed Road available for the purpose of the Road Deviation;

4. directs that a notice be published in the Victoria Government Gazette under clause 2(3) of the 1989 Act; and

5. authorises the Chief Executive Officer to sign any documents necessary to give effect to the Road Deviation and Land Transfer.

CM.085/24 Nillumbik Urban Tree Canopy Strategy 2024-2040 - adoption of strategy

Council Meeting Minutes 27 August 2024

12. Officers' reports

Distribution: Public

Manager: Frank Vassilacos, Director Planning, Environment and Strategy

Author: Leigh Northwood, Manager Strategic Planning and Environment

Summary

This report presents the Nillumbik Urban Tree Canopy Strategy 2024-2040 (Attachment 1) to Council for consideration for adoption.

We are very fortunate that the extent of canopy in our suburbs and townships is generally high, noting Nillumbik’s urban canopy cover is the second highest in all of Melbourne - and we want to maintain this.

The Urban Tree Canopy Strategy (the Strategy) affects Nillumbik’s urban areas only, that is land located inside the Urban Growth Boundary (UGB).

The Strategy provides context on the importance of urban canopy, the wide-range of challenges and considerations that need to be taken into account and provides a fifteen-year framework for strategic action that will help us achieve our vision.

The Strategy includes three goals and three focus areas for action, with associated targets, and an overarching urban tree canopy indicator.

The Strategy identifies the importance that we all do what we can to protect - and enhance - the extent, health and resilience of canopy across Nillumbik’s urban areas, and that local government has an important and varied role to play in helping to achieve this – on our own land and on privately owned land by our residents and businesses.

The Strategy will be supported by a separate annual Implementation Plan that will specify key actions that will be undertaken each year to help deliver on the goals and targets of the Urban Tree Canopy Strategy.

The Year 1 (2024/25) Implementation Plan is provided in Attachment 2, noting significant budget allocation will be required to realise the targets and objectives within the Strategy, and Year 1 implementation will focus on business case development for this integral future funding (among other matters). Reporting updates on implementation will be received by Council on an annual basis.

The Strategy incorporates updates arising from the public exhibition period that was held from 28 March to 28 April 2024, and from verbal submissions heard at the Planning and Consultation Committee (PCC) meeting held on 11 June 2024.

Supporting information regarding community feedback on the draft Strategy, and how this has been considered, is provided in Attachments 3 and 4.

Council Resolution

SECONDED: Cr Peter Perkins

That Council:

1. Adopts the Nillumbik Urban Tree Canopy Strategy 2024-2040 (Attachment 1).

2. Endorses the Urban Tree Canopy Year 1 Implementation Plan (2024/25) (Attachment 2).

3. Notes that the Urban Tree Canopy Strategy, subject to graphic design, and its Implementation Plan(s) will be made available on Council’s website.

4. Receives an annual update on the implementation of the Urban Tree Canopy Strategy and the proposed actions for the following year.

5. Notes that a summary will be provided to the community on Council’s website and in Council’s Annual Report.

CM.086/24 Plan for Victoria Submission

Council Meeting Minutes 27 August 2024

12. Officers' reports

Distribution: Public

Manager: Frank Vassilacos, Director Planning, Environment and Strategy

Author: Leigh Northwood, Manager Strategic Planning and Environment

Summary

This report presents a submission to the State Governments draft Plan for Victoria ‘Big Ideas’ and draft housing targets for Councils consideration of adoption.

On 16 June 2024, the Victorian Government announced draft housing targets for each local government area in Victoria. When finalised, these targets will form part of the forthcoming Plan for Victoria, which when released (programmed for late 2024) will provide the overarching strategic planning vision for Victoria and Melbourne (replacing Plan Melbourne 2017-2050). A key objective of that Plan will be to support the State in realising the Government’s ambitions for an additional 2.2 million+ homes by 2051, including 800,000 in the next 10 years to address the current housing shortage.

The targets are currently in draft form, and all Victorian Councils were notified that submissions opened for a draft Plan for Victoria (and housing targets) on 4 July 2024, with a deadline of 30 August for submissions. The current draft housing target identifies an additional 12,000 dwellings in Nillumbik by 2051 (a 53% increase). Annualised, this more than doubles recent development trends and exceeds the growth anticipated by Council’s draft Housing Strategy, and Victoria In Futures 2023 projections (the State’s own population projections).

This figure is considered by Council to be a significant and potentially unachievable target, noting the existing significant constraints of the Shire’s Green Wedge. Therefore, a considerable portion of this growth will need to be accommodated within the Shire’s existing Major Activity Centres (MACs) of Eltham and Diamond Creek.

Based on the State Government's forecasts and objectives for population growth and demand in both Melbourne and regional Victoria, every municipality across Victoria is obligated to plan for projected population growth and provide a suitable supply of dwellings. Notably Nillumbik's residential areas are significantly affected by various planning, environmental, and other constraints (e.g. bushfire and flooding). Therefore, Nillumbik Shire will need to actively consider how best to accommodate housing in the most appropriate locations, balancing the competing needs of environmental preservation, topography, access, and the availability of infrastructure and community services.

The submission (at Attachment 2) includes an overall response to the draft Plan for Victoria and an addendum specifically addressing the draft housing targets. The housing targets addendum is a technical capacity analysis that includes market feasibility commentary and recommendations, supported by Ethos Consultants, who were engaged to assess and provide technical recommendations on the feasibility of the housing targets. Document highlights (showing version changes, as requested by Councillors at the August briefing) are included to demonstrate changes made in response to Councillor feedback.

Consistent with State policy in regard to provision of housing in close proximity of public transport, amenity and services, Nillumbik’s Major Activity Centres (MAC’s) (Eltham and Diamond Creek) and immediate surrounds are evidently positioned to accommodate future population growth and diversity of housing. The addendum/report will serve as the foundation for further analysis and recommendations to Council in the New Year, contingent on the release of the finalised housing targets by the state government.

Upon adoption the submission will be submitted to the Department of Transport and Planning to meet the identified 30^th August deadline for submission.

Council Resolution

MOVED: Cr Peter Perkins

SECONDED: Cr Geoff Paine

That Council:

1. Endorses the Plan for Victoria Submission (Attachment 2), noting Council have not formed a view on the recommendations contained within the Ethos report (addendum) as yet, as that will be the subject of future consideration of Council once the final housing targets are known.

2. Presents the Plan for Victoria Submission to the State Government via the Engage website prior to 30 August 2024 deadline (with change highlights removed).

3. Notes that options will be put to Council in 2025 subject to release of the final housing targets by the state government, regarding the strategic direction of key strategies including the draft Housing Strategy and Planning Scheme Amendments C143nill and C144nill (which relate to the Eltham and Diamond Creek Structure Plans).

CM.087/24 Council Plan Quarterly Performance Report 2023-2024 - Quarter 4

Council Meeting Minutes 27 August 2024

12. Officers' reports

Distribution: Public

Manager: Jeremy Livingston, Director Culture and Performance

Author: Craig King, Manager Customer Experience and Business Performance

Summary

The purpose of this report is to present the Council Plan Quarterly Performance Report for noting.

These reporting updates are received by Council on a quarterly basis to demonstrate in a practicable and tangible way how the Council Plan 2021-2025 is being delivered to the community.

The Council Plan Quarterly Performance Report provides the fourth and final update on delivery progress and performance of the 2023-2024 Annual Action Plan actions, which align to delivery of the third year of the Council Plan 2021-2025.

Of the 37 actions in the 2023-2024 Annual Action Plan, 10 actions have been completed, 24 are ‘on track’ for completion and three actions are experiencing minor issues (Attachment 1).

Of the 56 strategic indicators in the Council Plan 2021-2025, 22 have improved on last year’s result, 11 have decreased compared to last year, and 23 indicators recorded minimal change from 2022-2023 (Attachment 2).

The overall position reflected in the report suggests that Council continues to make solid progress in delivering on key actions of the Council Plan and significant outcomes for the community.

All 37 actions identified in the Annual Action Plan 2023-2024 will also be published in the Annual Report 2023-2024.

Council Resolution

SECONDED: Cr Geoff Paine

That Council receives and notes the Council Plan Quarterly Performance Report for the fourth quarter of 2023-2024.

CM.088/24 Nillumbik Integrated Transport Strategy 2024 - Final Endorsement

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Council Meeting Minutes 27 August 2024

12. Officers' reports

Distribution: Public

Manager: Frank Vassilacos, Director Planning, Environment and Strategy

Author: Ayman William, Coordinator Transport and Development

Summary

The report presents the final Nillumbik Integrated Transport Strategy (ITS) in Attachment 1 for Council’s consideration and adoption.

The final draft ITS provides a framework to guide Council in advocating and undertaking transport actions in a cohesive and holistic manner via the implementation of an Integrated Transport Strategy Action Plan.

Transport networks that are safe, accessible, connected, comfortable, and inclusive are very important to our community and access to improved public transport is a key priority.

Advocating to influence State and Federal governments to fund important priority projects around planning for and providing improved transport infrastructure and services is a key component of the ITS.

The final Strategy is the result of extensive community consultation and engagement to ensure that it reflects the feedback and views expressed by the community. It also builds on the Integrated Transport Strategy Issues and Options Paper, which was consulted with the community in April/May 2024 and feedback from the Planning and Consultation Committee (PCC) meeting on the 16 July 2024. A summary of the community consultation is shown in Attachment 2.

The key themes raised through community consultation include:

a. Road Safety

b. Pedestrian crossings

c. Missing active travel links

d. Lack of bus networks

e. Footpath amenity concerns

These key themes have informed the development of a Nillumbik Integrated Transport Strategy Action Plan (the Action Plan) with ongoing, short, medium and long term actions. The Action Plan can be found in Section 7 to the final draft ITS.

Council Resolution

SECONDED: Cr Karen Egan

That Council:

1. Adopts the Nillumbik Integrated Transport Strategy 2024 and the associated Action Plan (Attachment 1).

2. Notes that the Integrated Transport Strategy, subject to graphic design, will be made available on Council’s website.

3. Receives an annual update on the implementation of the Integrated Transport Strategy Action Plan.

CM.089/24 Wattle Glen Public Realm Framework - For adoption

Council Meeting Minutes 27 August 2024

12. Officers' reports

Distribution: Public

Manager: Frank Vassilacos, Director Planning, Environment and Strategy

Author: Leigh Northwood, Manager Strategic Planning and Environment

Summary

The purpose of this report is to present the Wattle Glen Public Realm Framework (the Framework, Attachment 1), as exhibited, for Council’s consideration for adoption. An adopted Framework will enable Council’s continued collaboration with the Department of Transport and Planning (DTP), in an established partnership to secure funding support for delivery. Funding support is required to advance key initiatives of the Framework that are located on state government land/assets and which are aimed at improving the township’s most basic public realm conditions i.e., fundamentally disconnected, unsafe and severely lacking infrastructure for non-motorised forms of travel (pedestrians, cyclists, horse-riders).

It will be imperative in endorsing the Framework that Council continue to work with DTP in partnership, but also to advocate to, on these key initiatives into the future, to ensure the community’s aspirations to preserve and enhance the township’s much loved ‘rural feel’ and sense of place are advanced.

Acknowledging the feedback from the community regarding the level of detail contained in the Framework, adoption of the Framework is essential to enable Council to pursue ongoing collaboration and commitment from the Department of Transport and Planning (DTP) to build upon and progress the objectives of the Framework and public realm upgrades.

On adoption of the Framework by Council, an implementation plan will be developed by late 2024 utilising internal resourcing and existing budget. The implementation plan will outline the stages, timeline and project budgets required, including undertaking advocacy to guide state government funding of key improvements to state infrastructure, and opportunities for future community engagement on developing designs that will be vital to ensure community aspirations are embedded into proposed upgrades.

Subject to an adopted Framework, Officers will explore opportunities to utilise existing and on-going Council programs to work with the community to investigate, prioritise and implement public realm improvements of an operational and maintenance nature that are outside the scope and implementation timeframe of the adopted Framework, but which are aligned to it and are important to the community in the short term.

Council Resolution

CM.090/24 Endorsement of recommended Nominees for 2024-2026 Arts and Cultural Advisory Committee

SECONDED: Cr Peter Perkins

That Council:

1. Adopts the Wattle Glen Public Realm Framework (Attachment 1), for publishing as adopted at the Council Meeting 27 August 2024.

2. Notes that in endorsing the Wattle Glen Public Realm Framework, any development of Department of Transport and Planning (DTP) assets as related to the Wattle Glen Public Realm Framework will require Council to advocate to DTP to ensure the Wattle Glen community’s aspirations to maintain and enhance their township’s much loved ‘rural feel’ and sense of place are advanced.

3. Notes that Officers will subsequently prepare an implementation plan for the adopted Wattle Glen Public Realm Framework.

4. Notes that Officers will explore opportunities to utilise existing and on-going Council operational programs to engage with the Wattle Glen community and investigate, prioritise and implement public realm improvements of an operational and maintenance nature to Wattle Glen, that are outside the scope and implementation timeframe of the adopted Wattle Glen Public Realm Framework, but which are aligned to it and are important to the community in the short term.

CARRIED

For: Crs Natalie Duffy, Karen Egan, Peter Perkins and Geoff Paine

Against: Cr Ben Ramcharan

Council Meeting Minutes 27 August 2024

12. Officers' reports

Distribution: Public

Manager: Corrienne Nichols, Director Communities

Author: Nichole Johnson, Manager Community Partnerships

Summary

The Arts and Cultural Advisory Committee 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 Arts and Culture. Community representation is sought from all segments of the arts, culture and creative industries. There are up to 16 places on the committee, and one of these places is a dedicated First Nations position, and two of these positions are Councillors who act as Chair and Deputy Chair.

Recruitment of nine members of the Arts and Cultural Advisory Committee for a two year term from 2024-2026 opened on 30 May and closed on 20 June 2024. A total of seven applications were received, assessed and reviewed against the selection criteria by an internal assessment panel.

This report provides Council with a full copy of the assessment outcomes against the seven applications, including Officer Assessment Outcome report (Attachment 1) to support the recommendations. A total of seven applicants are being recommended for the Arts and Cultural Advisory Committee.

Recommendation

That Council:

1. Endorses the seven applicants listed in the Assessment Outcome (Attachment 1) onto the Nillumbik Arts and Cultural Advisory Committee:

(a) Applicant 1 _____________ for their role as a Arts and Cultural Advisory Committee Member

(b) Applicant 2 _____________ for their role as a Arts and Cultural Advisory Committee Member

(d) Applicant 4 _____________ for their role as a Arts and Cultural Advisory Committee Member

(e) Applicant 5 _____________ for their role as a Arts and Cultural Advisory Committee Member

(f) Applicant 6 _____________ for their role as a Arts and Cultural Advisory Committee Member

(g) Applicant 7 _____________ for their role as a Arts and Cultural Advisory Committee Member

2. Acknowledges and thanks all community members who submitted applications to the Arts and Cultural Advisory Committee.

3. Resolves that the Assessment Outcome (Attachments 1) are 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.

Council Resolution

SECONDED: Cr Karen Egan

That Council:

1. Endorses the seven applicants listed in the Assessment Outcome (Attachment 1) onto the Nillumbik Arts and Cultural Advisory Committee:

(a) Applicant 1 Jennifer Johnson for their role as a Arts and Cultural Advisory Committee Member

(b) Applicant 2 Melissa Paine for their role as a Arts and Cultural Advisory Committee Member

(d) Applicant 4 Ni Li for their role as a Arts and Cultural Advisory Committee Member

(e) Applicant 5 Amalia (Emmy) Mavroidis for their role as a Arts and Cultural Advisory Committee Member

(f) Applicant 6 Svetlana Matovski for their role as a Arts and Cultural Advisory Committee Member

(g) Applicant 7 Leanne Ipsen for their role as a Arts and Cultural Advisory Committee Member

2. Acknowledges and thanks all community members who submitted applications to the Arts and Cultural Advisory Committee.

4. Resolves that the successful Applicants be named.

CM.091/24 Planning and Consultation Committee Cancellation and Notice of Extraordinary Council Meeting.

Council Meeting Minutes 27 August 2024

12. Officers' reports

Distribution: Public

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

Author: Katia Croce, Manager Governance and Property

Summary

At the Extraordinary Council Meeting held on 29 November 2023, Council resolved a meeting schedule for Delegated Committee(s) and Council meeting schedule for the 2024 calendar year.

This reports seeks to formally resolve to cancel the Planning and Consultation Committee Meeting (PCC Meeting) scheduled for 10 September 2024 and to announce that an Extraordinary Council Meeting will be held on 10 September 2024 commencing at 5.30pm.

Council Resolution

MOVED: Cr Peter Perkins

SECONDED: Cr Geoff Paine

That Council:

1. Resolves to cancel the Planning and Consultation Committee Meeting on 10 September 2024.

2. Requests that the Chief Executive Officer gives notice of an Extraordinary Meeting being scheduled for 10 September 2024 to consider the following matters;

a) Presentation of the Annual Report 2023-24;

b) 30 June 2024 Annual Financial Report and Performance Statements;

c) Audit & Risk Committee August meeting Minutes; and

d) Quarterly Risk & Safety Report.

CM.092/24 Mills Road, Hurstbridge - Proposed Special Charge Scheme

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Council Meeting Minutes 27 August 2024

12. Officers' reports

Distribution: Public

Manager: Vince Lombardi, Chief Operating Officer

Author: Steven Blight, Manager Capital and Infrastructure

Summary

Council received a petition on 16 February 2023 from property owners on Mills Road, Hurstbridge requesting the road to be sealed. An initial questionnaire was sent to property owners on 11 April 2023, to gauge interest on sealing the road via a Special Charge Scheme. The results of the initial questionnaire confirmed sufficient support to proceed further with investigation into a Special Charge Scheme to seal Mills Road.

On 30 April 2024, a formal questionnaire and cost apportionment were sent to property owners to determine their support for sealing Mills Road. The level of support for the Special Charge Scheme was 20 percent (three out of 15 property owners).

The level of support is below the 60 percent threshold in Council’s policy for a Special Charge Scheme. Therefore, it is recommended that Council abandon the Scheme for Mills Road, Hurstbridge and place further investigation for sealing of Mills Road on a three year moratorium.

Council Resolution

SECONDED: Cr Natalie Duffy

That Council:

1. Abandons further investigations into the Special Charge Scheme for Mills Road, Hurstbridge.

2. Places any further investigations into a Special Charge Scheme for Mills Road on a three year moratorium, commencing 27 August, 2024.

3. Notes that Officers will advise affected property owners of Council’s resolution.

CM.093/24 Bourchiers Road Special Charge Scheme, Kangaroo Ground - Declaration

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Council Meeting Minutes 27 August 2024

12. Officers' reports

Cr Karen Egan declared a material conflict of interest in the following item and temporarily left the meeting prior to the item being heard at 8:40pm.

Distribution: Public

Manager: Vince Lombardi, Chief Operating Officer

Author: Steven Blight, Manager Capital and Infrastructure

Summary

Council resolved on 25 June 2024 its Intention to Declare a Special Charge for the sealing of Bourchiers Road, Kangaroo Ground.

Council’s notice of its Intention to Declare was publicly advertised in the Herald Sun and on Council’s website on 4 July 2024. A letter and notice of the Intention to Declare was sent to all property owners with a liability under the scheme, the closing date for submissions was 2 August 2024.

The public noticed stated that Council would make a decision on the Bourchiers Road Special Charge Scheme at Ordinary Council Meeting on 27 August 2024.

On 13 August 2024 the Planning and Consultation Committee considered six submissions.

As part of the submissions received, information was provided by one of the property owners that may result in changes the cost apportionment for each property. The nature of the information has not previously been encountered.

In light of the new information provided, it is recommended that Council defer its decision on the declaration of the Bourchiers Road Special Charge Scheme to enable the consideration of this information and the impact to the scheme.

Council Resolution

CM.094/24 2122-062 Diamond Hills Preschool Redevelopment - Variation Report

SECONDED: Cr Peter Perkins

That Council:

1. Notes six submissions were received for the scheme and considered at the Planning and Consultation Committee on 13 August 2024.

2. Defers any decision in relation to the Bourchiers Road Special Charge Scheme to a future Council Meeting.

3. Requests Council officers to notify the submitters, objectors and abutting property owners of Council’s decision.

CARRIED

Cr Karen Egan returned to the meeting at the conclusion of this item at 8:50pm.

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Council Meeting Minutes 27 August 2024

12. Officers' reports

Distribution: Public

Manager: Vince Lombardi, Chief Operating Officer

Author: Steven Blight, Manager Capital and Infrastructure

Summary

On 28 September 2022, Council approved the awarding of contract 2122-062 Diamond Hills Preschool Redevelopment Project at 9-11 Diamond Hills Drive, Greensborough to Modus Projects Pty Ltd.

Approved contract variations to date have been within the approved budget.

Recent additional costs incurred as contract variations on this project exceeded the current approved budget. Reflective of the original Council resolution in 2022 any variations incurred above the budget are required to be presented back to Council.

The variations are reflective of the original scope of works and have not contributed to any additional works.

Council Resolution

MOVED: Cr Peter Perkins

SECONDED: Cr Geoff Paine

That Council authorises the Chief Executive Officer to approve an increase in the allocated project budget by $154,000 exclusive of GST for the additional contract variations for contract 2122-062 Diamond Hills Preschool Redevelopment.

CM.095/24 Council Expenses Policy 2024

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Council Meeting Minutes 27 August 2024

12. Officers' reports

Distribution: Public

Manager: Vince Lombardi, Chief Operating Officer

Author: Melika Sukunda, Manager Finance, Assets and Procurement

Summary

This report presents the Council Expenses Policy for Council’s endorsement.

The policy has been reviewed to ensure compliance with the Local Government Act 2020, including the review of eligible reimbursements and resources available during the course of performing the duties of a councillor or delegated committee member.

The Council Expenses Policy (Local Government Act 2020, section 41) outlines the procedures and policy for reimbursement of out-of-pocket expenses of councillors and members of delegated committees. The policy also establishes support and resources to be made available during the Council term.

This policy replaces and updates the Councillor Expenses Policy 2020.

The Council Expenses Policy was presented to the Audit and Risk Committee in August 2020.

Recommendation

That Council endorses the Council Expenses Policy (Attachment 1).

Motion

MOVED: Cr Natalie Duffy

SECONDED: Cr Peter Perkins

That Council defers consideration of the Council Expenses Policy (Attachment 1) to a future Council meeting.

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

Council Resolution

SECONDED: Cr Peter Perkins

That Council defers consideration of the Council Expenses Policy (Attachment 1) to a future Council meeting.

CM.096/24 Informal Meetings of Councillors Records - 27 August 2024

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Council Meeting Minutes 27 August 2024

12. Officers' reports

Distribution: Public

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

Author: Katia Croce, Manager Governance and Property

Summary

In accordance with Item 20 of Council’s Governance Rule – Meeting Procedures, adopted on 25 July 2023, 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 30 July 2024.

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

1. Councillor Briefing held 9 July 2024;

2. Health and Wellbeing Advisory Committee meeting held 16 July 2024;

3. Recreation Trails Advisory Committee meeting held 17 July 2024;

4. Council Briefing held 23 July 2024;

5. CEO Employment Matters Advisory Committee meeting held 29 July 2024;

6. Council Meeting Pre-Meet 30 July 2024;

7. Positive Ageing Advisory Committee meeting held 2 August 2024;

8. Councillor Briefing held 6 August 2024;

9. Living & Learning Nillumbik Advisory Committee meeting held 12 August 2024; and

10. Planning and Consultation Committee Pre-Meet held 13 August 2024.

Council Resolution

SECONDED: Cr Natalie Duffy

That Council, in accordance with Item 20 of Council’s Governance Rule – Meeting Procedures, receives the Informal Meetings of Councillors Records (Attachment 1) for the meetings held.

15. Supplementary and urgent business

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Council Meeting Minutes 27 August 2024

13. Notices of Motion

14. Delegates' Reports

Nil

16. Confidential reports

Carl Cowie Chief Executive declared a material conflict of interest in the following item and left the meeting prior to the item being heard at 9:02pm.

Pursuant to section 66(2) of the Local Government Act 2020 (the Act), the meeting of the Council be closed to members of the public for the consideration of the following confidential items:

CM.097/24 CEO Employment Matters

This item is confidential because it is personal information, being information which if released would result in the unreasonable disclosure of information about any person or their personal affairs pursuant to paragraph (f) of the definition of confidential information under section 3(1) of the Local Government Act 2020. This ground is applied because it is information that, if publicly released at the time, is likely to be inappropriately detrimental to the Council or any person (natural or corporate).

Council Resolution

SECONDED: Cr Karen Egan

That in accordance with section 66(2) of the Local Government Act 2020, Council resolves to close the meeting to members of the public to consider confidential items.