Minutes of Council Meeting - Tuesday, 30 September 2025

SECONDED: Cr Naomi Joiner

That Council:

1. Confirms the Minutes of the Council Meeting (Attachment 1) and Confidential Council Meeting (Attachment 2) held on Tuesday 26 August 2025

2. Resolves that the Confidential Council Meeting Minutes (Attachment 2) remain confidential in accordance with section 3(1) (f) and (h) of the Local Government Act 2020.

AC.007/25 Advisory Committee Report 30 September 2025

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Council Meeting Minutes 30 September 2025

11. Reports of Advisory Committees

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. Environment & Sustainability Advisory Committee (ESAC) Minutes meeting held 20 August 2025;

2. Inclusion and Access Advisory Committee Minutes meeting held 22 August 2025;

3. Recreation Trails Advisory Committee Minutes meeting held 27 August 2025; and

4. Youth Council Minutes meeting held 1 September 2025.

Council Resolution

SECONDED: Cr Kim Cope

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

CM.103/25 Quarterly Risk and Safety Report - June 2025

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Council Meeting Minutes 30 September 2025

12. Officers' reports

Distribution: Public

Manager: Jeremy Livingston, Director Culture and Performance

Author: David Taylor, Risk and Safety Lead

Summary

This report provides a summary of Council’s Risk and Safety Report for the quarter ending June 2025.

The report is presented in accordance with the Local Government (Planning and Reporting) Regulations 2020, which requires the presentation of a report to Council at least every six months, detailing the strategic risks, operational risks, the consequences and likelihood of occurrence, and risk mitigation strategies.

Risk and Safety reporting to Council is tabled each quarter following consideration by Council’s Audit and Risk Committee, which occurred on 1 September 2025.

The full confidential Risk and Safety Report for June 2025 is attached to this report (Attachment 1) and provides detailed information for Council’s consideration.

Council Resolution

SECONDED: Cr Grant Brooker

That Council:

1. Notes the summary of the confidential Risk and Safety Report for the quarter ending June 2025.

2. Resolves that the Quarterly Risk and Safety Report – June 2025 (Attachment 1) remains confidential in accordance with section 3(1)(a) and (f) of the Local Government Act 2020.

CM.104/25 Audit and Risk Committee Meeting - September 2025

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Council Meeting Minutes 30 September 2025

12. Officers' reports

Distribution: Public

Manager: Jeremy Livingston, Director Culture and Performance

Author: Robert Malignaggi, Acting Chief Financial Officer

Summary

In accordance with section 53 of the Local Government Act 2020 and good governance principles, councils must have an Audit and Risk Committee.

As resolved at the 25 June 2024 Ordinary Council Meeting, the minutes of an Audit and Risk Committee meeting are to be reported and presented to a subsequent Council Meeting.

The Audit and Risk Committee met on 1 September 2025. The minutes for the meeting are shown in Attachment 1.

Council Resolution

SECONDED: Cr Grant Brooker

That Council notes the Minutes of the Audit and Risk Committee meeting held on 1 September 2025 (Attachment 1).

CM.105/25 Annual Financial Report and Performance Statement 2024-2025

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Council Meeting Minutes 30 September 2025

12. Officers' reports

Distribution: Public

Manager: Jeremy Livingston, Director Culture and Performance

Author: Robert Malignaggi, Acting Chief Financial Officer

Summary

Council is required to produce an Annual Financial Report, containing audited financial statements and an audited Performance Statement pursuant to the requirements and process outlined in the Local Government Act 2020 (the Act) and the Local Government (Planning and Reporting) Regulations 2020.

The draft 2024-2025 financial statements and the draft 2024-2025 performance statement have been reviewed by Council’s external auditors on behalf of the Victorian Auditor General.

For the 2024-2025 financial year, Council has reported an operating surplus of $1.083 million on an accrual basis.

This report recommends that Council approves in principle the 2024-2025 financial statements and performance statement and appoints the Mayor, Deputy Mayor and Chief Executive Officer to sign the 2024-2025 financial statements and the 2024-2025 performance statement.

Council has produced a performance statement in accordance with the Local Government Performance Reporting Framework. This provides results on a range of prescribed indicators of service performance, financial performance and sustainable capacity.

The draft statements have been presented to Council’s Audit and Risk Committee which has recommended that Council give in principle approval for the statements pursuant to section 99 of the Act, prior to formal presentation to the Victorian Auditor General.

Council Resolution

SECONDED: Cr Grant Brooker

That Council:

1. Approves ‘in principle’ the 2024-2025 Annual Financial Report (Attachment 1) and 2024-2025 Performance Statement (Attachment 2).

2. Authorises the Mayor, Deputy Mayor and the Chief Executive Officer to sign the 2024-2025 Annual Financial Report and the 2024-2025 Performance Statement in their final form after any changes recommended, or agreed to, by the auditor have been made.

CM.106/25 Adoption of Council Plan 2025-2029 and re-adoption of the Community Vision - Nillumbik 2040

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Council Meeting Minutes 30 September 2025

12. Officers' reports

Distribution: Public

Manager: Jeremy Livingston, Director Culture and Performance

Author: Craig King, Manager Customer Experience and Business Performance

Summary

This report presents the Council Plan 2025-2029, incorporating the Community Vision, (Attachment 1) for adoption. This follows public consultation, receipt of submissions and refinements to the plan in response to the submissions received.

This report also presents the Annual Action Plan 2025-2026 (Attachment 2) for adoption, which comprises 55 actions that align with the adopted Annual Budget 2025-2026 and supports the first year delivery of the new Council Plan. Reporting updates will be received by Council on a quarterly basis that will demonstrate in a practicable and tangible way how the Council Plan 2025-2029 is being delivered to the community.

The Council Plan is the Council’s primary strategic document for its four-year term, and is the elected Council’s statement of its priorities for the Nillumbik community. The Council Plan is a requirement under section 90 of the Local Government Act 2020 (the Act) and must be adopted by 31 October 2025.

The information and community feedback gathered through the Nillumbik Now and Beyond community engagement program undertaken in February and March of this year has helped inform the development of the Council Plan. A two-day Community Forum in May 2025 brought together a randomly selected, representative group of 20 residents to explore key themes and priorities in depth. A series of workshops and briefings with Councillors were also undertaken in the development of the Council Plan. The Draft Council Plan 2025-2029 was then subject to public exhibition and community consultation between 18 June to 9 July 2025.

The Planning and Consultation Committee considered a report outlining the 16 written submissions received, and at the meeting on 12 August 2025 the Committee heard verbal submissions from 6 presenters.

Having considered the feedback from the written and verbal submissions, some refinements to the Council Plan have been made, and these are documented in this report.

The above-mentioned community feedback also identified strong support for the existing Community Vision, which has now been incorporated into the Council Plan and is proposed to remain unchanged. However, in order to meet the requirements of Section 88(4) of the Act, the Community Vision requires re-adoption.

Council Resolution

SECONDED: Cr Naomi Joiner

That Council:

1. Adopts the Council Plan 2025-2029 (Attachment 1) containing amendments and suggestions in response to the submissions received following public consultation.

2. Adopts the Annual Action Plan 2025-2026 (Attachment 2) and notes that Council will receive quarterly updates on progress of actions in accordance with this plan.

3. Authorises the Director Culture and Performance to make any further minor changes to the Council Plan that may be necessary and are inconsequential in nature.

4. Notes that the Community Vision has been reviewed, is now incorporated into the Council Plan, and is re-adopted as required by Section 88(4) of the Local Government Act 2020, with no changes made.

5. Makes the adopted Council Plan 2025-2029 and accompanying Annual Action Plan 2025-2026 publicly available on Council’s website.

6. Thanks submitters and advises them of the outcome of the consultation process.

CM.107/25 Communications Strategy - Action Plan update

Council Meeting Minutes 30 September 2025

12. Officers' reports

Distribution: Public

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

Author: Michele Purtle, Manager Advocacy 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 nine actions were included in the Year 3 Action Plan (including seven ongoing actions carried forward from the Year 2 Action Plan).

The purpose of this report is to present the Year 3 Action Plan Outcomes Report (Attachment 2) to Council and conclude the Communications Strategy 2022-2025 with a review of the key achievements of the Strategy as identified in the Highlights Report - From then to now (2021-22 to 2024-25) (Attachment 3). Learnings from this Strategy will be built into the new communications strategy that will be developed late 2025 to reflect the actions of the new Council Plan 2025-2029.

Council Resolution

SECONDED: Cr Kim Cope

That Council endorses the Communications Strategy 2022-2025 Year 3 Action Plan Outcomes Report and the Communications Strategy 2022-2025 Highlights Report which provides an overview of the key achievements of the Strategy.

CM.108/25 Indara Corporation P/L Lease proposal for Optus telecommunications infrastructure at Eltham Lower Park

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Council Meeting Minutes 30 September 2025

12. Officers' reports

File: FOL/23/6177

Distribution: Public

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

Author: Katia Croce, Manager Governance and Property

Summary

At its Council Meeting on 27 May 2025, Council resolved to commence the statutory procedures in accordance with section 115 of the Local Government Act 2020 (the Act), to undertake a community engagement process in accordance with the Council's community engagement policy in respect to the proposal to enter into a lease with Indara Corporation Pty Ltd for part of the land at 570-576 Main Road, Eltham known as Eltham Lower Park shown on the Plan in Attachment 1, on the following terms and conditions:

a) Term of lease: 10 years, with one further term of 10 years.

b) Rent amount: $25,000 per annum plus GST.

c) Rent review: Fixed 3 percent (3%) per annum increase on the anniversary of the commencement date for 10 years, then a market rental review at the end of the first 10 year period.

d) Permitted Use: To construct, maintain and operate a communications facility including but not limited to installing, inspecting, constructing, storing, operating, repairing, maintaining, altering, upgrading and replacing the Tenant’s equipment, in accordance with any applicable planning permit.

e) Tenant’s outgoings: All outgoings including but not limited to; structure and maintenance of all the Tenant’s assets on the leased land, building and public liability insurance, utility supply and usage charges, and reinstatement of land at end of the lease.

f) Relevant approvals received: Ministerial Approval from the Minister or their delegate responsible for the Crown Land (Reserves Act) 1978 must be received on the proposed lease terms and conditions (Grant and Purpose Approval) and then the final agreement (terms and conditions approval), as Council is the Committee of Management for the land. The Tenant must also receive any other relevant approvals including but not limited to planning permit approvals.

Community consultation occurred between Friday 30 May to Sunday 22 June 2025.

In response to the community engagement process, Council received 66 submissions, with 27 (40.9%) in support, 36 (54.56%) objected and 3 (4.54%) were unsure. All submissions are included in Attachment 2 (redacted) and Attachment 3 (unredacted).

Council considered these submissions at the Planning and Consultation Committee Meeting held on 12 August 2025. Five submitters spoke on behalf of their submission at this meeting. Four of these presenters did not support the lease proposal. Downer had a representative speak to the Committee and answer a number of questions raised.

This proposal is only to consider the lease with Indara as the public land manager. The lease would then be subject to Indara/Downer submitting a planning permit to Council for the telecommunications facility through a separate process under the Planning and Environment Act 1987.

Following evaluation of all responses received, it is recommended that Council does not enter into a lease with Indara Corporation Pty Ltd (Indara) at Eltham Lower Park for the terms and conditions outlined in the Recommendation.

Council Resolution

CM.109/25 Seeking adoption of Council’s Advocacy Priorities 2025

SECONDED: Cr Kate McKay

That Council:

1. Having completed the community engagement process in accordance with section 115 of the Local Government Act 2020 (the Act) and Council's community engagement policy regarding the lease proposal with Indara Corporation Pty Ltd for part of the land at 570-576 Main Road, Eltham known as Eltham Lower Park shown on the Plan in Attachment 1, notes;

a) the 66 submissions received in Attachment 2 (redacted) and Attachment 3 (unredacted), and

b) that 27 of these are in support, 36 object and 3 were unsure of the lease proposal.

2. Having considered all submissions received, resolves to not enter into a lease with Indara Corporation P/L for the area shown in Attachment 1 on the following terms and conditions:

a) Term of lease: 10 years, with one further term of 10 years.

b) Rent amount: $25,000 per annum plus GST.

c) Rent review: Fixed 3 percent (3%) per annum increase on the anniversary of the commencement date for 10 years, then a market rental review at the end of the first 10-year period.

d) Permitted Use: To construct, maintain and operate a communications facility including but not limited to installing, inspecting, constructing, storing, operating, repairing, maintaining, altering, upgrading and replacing the Tenant’s equipment, in accordance with any applicable planning permit.

e) Tenant’s outgoings: All outgoings including but not limited to; structure and maintenance of all the Tenant’s assets on the leased land, building and public liability insurance, utility supply and usage charges, and reinstatement of land at end of the lease.

f) Relevant approvals received: Ministerial Approval from the Minister or their delegate responsible for the Crown Land (Reserves Act) 1978 must be received on the proposed lease terms and conditions (Grant and Purpose Approval) and then the final agreement (terms and conditions approval), as Council is the Committee of Management for the land. The Tenant must also receive any other relevant approvals including but not limited to planning permit approvals.

3. Notes its commitment to addressing the telecommunications blackspot in the Eltham area and requests Indara to consider an alternative option for the siting of telecommunications infrastructure, either within Eltham Lower Park or at another suitable nearby location, that balances improved connectivity with the protection of the natural environment and present to Council for consideration.

4. Thanks all submitters and relevant parties and advises them of the outcome on the Indara Corporation Pty Ltd lease proposal at Eltham Lower Park.

5. Resolves the confidential un-redacted copy of the written submissions to the lease 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.

CARRIED

For: Crs Grant Brooker, Kim Cope, John Dumaresq, Naomi Joiner and Kate McKay

Against: Crs Kelly Joy and Peter Perkins

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Council Meeting Minutes 30 September 2025

12. Officers' reports

Distribution: Public

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

Author: Michele Purtle, Manager Advocacy Communications and Engagement

Summary

This report provides a strategic overview of Council’s advocacy activities and recommends a refreshed approach to strengthen Nillumbik’s capacity to influence government policy and secure external funding. It outlines the current advocacy approach, examines the changing political and funding landscape, and proposes a more coordinated and forward-looking strategy. Central to this is resetting Council’s advocacy platform to reflect evolving community needs and to leverage emerging opportunities in the lead-up to future State and Federal elections.

To achieve this, the report seeks Council endorsement on the establishment of an Advocacy Framework and four-year Action Plan to guide Council’s advocacy efforts and presents a draft set of 2025–2026 advocacy priorities for Council’s consideration.

Council Resolution

SECONDED: Cr Kate McKay

That Council:

1. Endorses the Advocacy Framework (Attachment 1).

2. Endorses the 2025–2026 Advocacy Priorities (Attachment 2).

3. Endorses the four-year Advocacy Action Plan (Attachment 3) and requests officers commence implementation of the Action Plan.

4. Requests officers to progress early advocacy initiatives aligned with the adopted 2025–2026 Advocacy Priorities, including the identification and preparation of suitable projects for upcoming State and Federal budget processes and election commitments.

CM.110/25 Adoption of the Nillumbik Health and Wellbeing Plan 2025-2029

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Council Meeting Minutes 30 September 2025

12. Officers' reports

Distribution: Public

Manager: Corrienne Nichols, Director Communities

Author: Nichole Johnson, Manager Community Partnerships

Summary

This report presents the Nillumbik Health and Wellbeing Plan 2025-2029 (the Plan) (Attachment 1) for adoption, following public consultation and refinements in response to community feedback.

This report also presents the Annual Action Plan 2025-2026 (Attachment 2) for adoption which supports the first-year delivery of the new Nillumbik Health and Wellbeing Plan 2025-2029 (the Plan). Reporting updates will be received by Council on a quarterly basis, demonstrating practicable and tangible ways the Nillumbik Health and Wellbeing Plan is delivering key health and wellbeing outcomes for the community.

Council Resolution

SECONDED: Cr Grant Brooker

That Council:

1. Adopts the Nillumbik Health and Wellbeing Plan 2025-2029 (Attachment 1).

2. Adopts the Annual Action Plan 2025-2026 (Attachment 2).

3. Authorises the Director Communities to make any further minor changes to the Plan and Action Plan that may be necessary and are inconsequential in nature.

4. Publishes the adopted Plan and Annual Action Plan 2025-2026 publicly on Council’s website.

5. Thanks contributors to the Plan and advises them of the outcome of the consultation process.

CM.111/25 Adoption of Asset Plan 2025-2035

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Council Meeting Minutes 30 September 2025

12. Officers' reports

Distribution: Public

Manager: Jeremy Livingston, Director Culture and Performance

Author: Robert Malignaggi, Acting Chief Financial Officer

Summary

This report presents the Asset Plan 2025-2035 (Attachment 1) for adoption, following public consultation, receipt of submissions and refinements to the plan in response to the submissions received.

The Asset Plan is a requirement under section 92 of the Local Government Act 2020 and must be adopted by 31 October 2025. The Asset Plan provides a high level strategic and financial view of how Council intends to manage its transport, building, drainage and open space assets over the next ten (10) financial years.

The Asset Plan 2025-2035 was subject to public exhibition and community consultation between 18 June to 9 July 2025. At its meeting on 12 August 2025, the Planning and Consultation Committee considered a report outlining the four written submissions received. The Committee did not hear any verbal submissions.

Having considered the feedback from the written and verbal submissions, some refinements to the Asset Plan have been made, and these are documented in this report.

Council Resolution

SECONDED: Cr Kim Cope

That Council:

1. Adopts the Asset Plan 2025-2035 (Attachment 1) containing amendments and suggestions in response to the submissions received following public consultation.

2. Authorises the Director Culture and Performance to update legislative and Council requirements listed in the Asset Plan 2025–2035 which may occur over the life of the Asset Plan.

3. Makes a copy of the adopted Asset Plan 2025–2035 publicly available on Council’s website.

4. Thanks submitters and advises them of the outcome of the consultation process.

CM.112/25 Adoption of Financial Plan 2025-2035

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Council Meeting Minutes 30 September 2025

12. Officers' reports

Distribution: Public

Manager: Jeremy Livingston, Director Culture and Performance

Author: Robert Malignaggi, Acting Chief Financial Officer

Summary

This report presents the Financial Plan 2025–2035 (Attachment 1) for adoption, following public consultation, receipt of submissions and refinements to the plan in response to the submissions received.

The purpose of the Financial Plan is to demonstrate Council's financial sustainability in order to fund the aspirations of the Community Vision and the Council Plan.

The Financial Plan has been prepared in compliance with the Local Government Act 2020, the Department of Jobs, Precincts and Regions’ Financial Plan Better Practice Guide and model, and the Australia Accounting Standards Board accounting standards.

The information and community feedback gathered through the ‘Nillumbik Now and Beyond’ community engagement program has been considered throughout the development of the Financial Plan.

The Financial Plan 2025– 2035 was subject to public exhibition and community consultation between 18 June to 9 July 2025. At its meeting on 12 August 2025, the Planning and Consultation Committee considered a report outlining the four written submissions received. The Committee did not hear any verbal submissions.

Having considered the feedback from the written and verbal submissions, some minor refinements to the Financial Plan have been made, and these are documented in this report.

Council Resolution

MOVED: Cr Grant Brooker

SECONDED: Cr Kate McKay

That Council

1. Adopts the Financial Plan 2025–2035 (Attachment 1).

2. Authorises the Director Culture and Performance to make any further minor changes to the Financial Plan that may be necessary and are inconsequential in nature.

3. Makes a copy of the adopted Financial Plan 2025–2035 publicly available on Council’s website.

4. Thanks submitters and advises them of the outcome of the consultation process.

CM.113/25 Review of Road Management Plan

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Council Meeting Minutes 30 September 2025

12. Officers' reports

Cr Kim Cope declared a general conflict of interest in the following item and temporarily left the meeting prior to the item being heard at 8:13pm.

Distribution: Public

Manager: Claire Quinlan, Chief Operating Officer

Author: Heath Gillett, Manager Operations Centre

Summary

Nillumbik Shire Council (Council) is reviewing and updating its Road Management Plan, as required by the Road Management At 2004. In accordance with these requirements Council advertised its review on 17 July 2025 and invited submissions to the proposed amendments.

19 submissions were received in total.

Council’s Planning and Consultative Committee considered these submissions at its meeting on 9 September 2025.

Having received and considered the submissions, there are no recommendations to significantly alter the plan from what was advertised. However, there are some minor amendments to the plan recommended, based on further internal review of the document.

This report recommends that Council endorses the amended Road Management Plan (Attachment 1), following the review process.

Council Resolution

SECONDED: Cr Naomi Joiner

That Council:

1. Adopts the Road Management Plan 2025 as shown in Attachment 1.

2. Publishes the adopted Road Management Plan 2025 on the Council website.

3. Advises all submitters (that provided contact details) of the adopted Road Management Plan 2025.

CM.114/25 BMX Jumps and Community Recreation Park Concept Plan Consultation

Cr Kim Cope returned to the meeting at the conclusion of this item at 8:20pm.

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Council Meeting Minutes 30 September 2025

12. Officers' reports

File: FOL/25/14144

Distribution: Public

Manager: Claire Quinlan, Chief Operating Officer

Author: Stewart Broussard, Manager Recreation and Leisure

Summary

The purpose of this report is to seek approval to consult on the BMX Jumps and Community Recreation Park concept plan (Attachment 1).

Community consultation on the community recreation park is proposed to commence on 1 October 2025 and conclude on 21 October 2025. Submissions received during this period will be considered by the Planning and Consultation Committee on 11 November 2025.

Community will be given the opportunity to speak to their submission at the Planning and Consultation meeting on 11 November 2025.

Council Resolution

SECONDED: Cr Peter Perkins

That Council:

1. Endorses the attached BMX Jumps and Community Recreation Park Concept Plan for the purpose of community consultation.

2. Approves Council officers to undertake community consultation for the period of 1 October 2025 to 21 October 2025, inviting written submissions for the BMX Jumps and Community Recreation Park in line with the endorsed concept plan.

3. Considers all public submissions at the Planning and Consultation Committee meeting to be held on 11 November 2025.

CM.115/25 Procurement Policy - Review and update

Heath Gillett, Manager Operations Centre left the meeting during discussion of this item at 8:21pm and did not return.

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Council Meeting Minutes 30 September 2025

12. Officers' reports

Distribution: Public

Manager: Jeremy Livingston, Director Culture and Performance

Author: Robert Malignaggi, Acting Chief Financial Officer

Summary

Under Section 108 (5) of the Local Government Act 2020, Council is required to undertake a review of its Procurement Policy at least once during each four-year term.

The current version of the Procurement Policy 2021-2025 was adopted by Council in June 2021. The current policy was developed in collaboration with the Northern Council Alliance in compliance with the Local Government Act 2020.

The review of the current policy has been undertaken by Council’s procurement officers and the Chief Financial Officer.

The updated Procurement Policy was presented to the Audit and Risk Committee on 1 September 2025.

The updated Procurement Policy (Attachment 1) is presented to Council for endorsement.

Recommendation

That Council:

1. Adopts the Procurement Policy 2025-2029 (Attachment 1).

2. Makes the Procurement Policy available on Council’s website

Motion

MOVED: Cr Grant Brooker

SECONDED: Cr Kim Cope

That Council:

1. Adopts the Procurement Policy 2025–2029 (Attachment 1), subject to the following change on page 22, Attachment 1, clause B, first dot point:

• “Where the cumulative variation ~~contract~~ value ~~(all variations plus the original contract sum)~~ exceeds the original delegation approval authority:

o The next highest delegation authority must review the contract and approve the variation in order to proceed.”

2. Makes the Procurement Policy available on Council’s website.

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

Council Resolution

MOVED: Cr Grant Brooker

SECONDED: Cr Kim Cope

That Council:

2. Adopts the Procurement Policy 2025–2029 (Attachment 1), subject to the following change on page 22, Attachment 1, clause B, first dot point:

• “Where the cumulative variation value exceeds the original delegation approval authority:

o The next highest delegation authority must review the contract and approve the variation in order to proceed.”

2. Makes the Procurement Policy available on Council’s website.

CM.116/25 Investment Policy and Loan & Borrowing Policy

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Council Meeting Minutes 30 September 2025

12. Officers' reports

Distribution: Public

Manager: Jeremy Livingston, Director Culture and Performance

Author: Robert Malignaggi, Acting Chief Financial Officer

Summary

This report presents an updated Investment Policy and new Loan and Borrowing Policy for Council’s endorsement.

Council’s Investment Policy provides guidance for the investment of Council’s cash holdings. The policy takes a conservative approach to investment, in accordance with the requirements section 103 of the Local Government Act 2020. Updates include references to the Local Government Act 2020, review of counterparty limits and a more detailed consideration of investment priorities.

Council’s Loan and Borrowing Policy is a new policy, to provide Councillors and officers with a framework of underling principles to consider when making decisions and undertaking borrowing processes.

Council Resolution

MOVED: Cr Grant Brooker

SECONDED: Cr Naomi Joiner

That Council:

1. Endorses the updated Investment Policy (Attachment 1).

2. Endorses the new Loan and Borrowing Policy (Attachment 2).

CM.117/25 Planning Scheme Amendments C143nill (Eltham Activity Centre) and C144nill (Diamond Creek Activity Centre)

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Council Meeting Minutes 30 September 2025

12. Officers' reports

Distribution: Public

Manager: Frank Vassilacos, Director Planning, Environment and Strategy

Author: Amanda Kern, Manager Strategic Planning, Transport and Environment

Summary

This report seeks to progress Planning Scheme Amendments C143nill (Eltham Major Activity Centre) and C144nill (Diamond Creek Major Activity Centre), which implement the adopted 2020 Structure Plans for both activity centres into the Nillumbik Planning Scheme.

Amendment C143nill (Eltham) has been split into two parts:

· Part A – Eltham Town Centre

· Part B – Bridge Street Business Area (BSBA), where further work is required to address economic development opportunities and potential land contamination in the existing Industrial Precinct.

For Amendment C144nill (Diamond Creek), officers recommend that unresolved submissions be referred to an independent Planning Panel for review.

The Structure Plans were adopted in 2020 and the associated amendments were exhibited for community feedback in June–July 2024. Fourteen (14) submissions were received (seven for each centre). Council has considered the feedback, made changes where appropriate, and recommend referring remaining unresolved matters for Diamond Creek to a Planning Panel to ensure transparency. This includes the proposed removal of notice and review exemptions.

The Structure Plans do not propose major changes to the built form or character of either centre. Key elements include:

· Maintaining existing building height limits (3–5 storeys).

· Improving public spaces through clearer design controls.

· Enhancing transparency and participation by removing exemptions from notice and review.

Overall, the current planning provisions are considered appropriate to guide development and growth in both centres over the next 5–10 years. This includes to satisfactorily accommodate demand for future dwellings in response to the Housing Targets which stipulate the need for 6,500 new dwellings across the Shire by 2051.

Council Resolution

SECONDED: Cr Peter Perkins

That Council:

1. Progresses Planning Scheme Amendments C143nill and C144nill to implement the Eltham and Diamond Creek Activity Centre Structure Plans into the Nillumbik Planning Scheme by:

a) Resolving to split amendment C143nill (Eltham MAC) into Part A and Part B.

b) Resolving to adopt C143nill - Part A (as in Attachment 1) and submit to the Minister for Planning, pursuant to Section 23 of the Planning and Environment Act 1987.

c) Resolving to delay Part B (as in Attachment 2) to enable further work, pursuant to Section 23 of the Planning and Environment Act 1987.

d) Resolving to refer C144nill (Diamond Creek MAC) (as in Attachment 3) to an independent Planning Panel to deal with unresolved submissions (as in Attachment 4), pursuant to Section 23 of the Planning and Environment Act 1987.

CM.118/25 Nillumbik Planning Scheme Review 2025 - Final Endorsement

Robert Malignaggi, Acting Chief Financial Officer left the meeting during discussion of this item at 8:38pm and did not return.

Council Meeting Minutes 30 September 2025

12. Officers' reports

Distribution: Public

Manager: Frank Vassilacos, Director Planning, Environment and Strategy

Author: Amanda Kern, Manager Strategic Planning, Transport and Environment

Summary

This report presents the Final Planning Scheme Review (PSR) 2025 (Attachment 1) for Council’s endorsement and outlines the changes made to finalise the document in response to community and internal engagement.

Community engagement was conducted from 9 May 2025 to 6 June 2025, with one submission received. Submissions were presented to Council at its 9 September Planning and Consultation Committee (PCC) meeting. In response, relevant changes have been made to the PSR 2025, including removing reference to buffer zones.

Overall, the findings of the Review identified that the Nillumbik Planning Scheme was found to be operating effectively and most of the previously identified projects and amendments in the 2019 review were completed. Planning services and compliance work is being completed satisfactorily and continuous improvement is having a positive impact. At the same time, the PSR 2025 has identified opportunities to enhance and strengthen policy objectives and required future strategic work.

The final PSR, updated with any changes as directed by Council, will be presented to the Minister for Planning in accordance with Section 12B(5) of the Planning and Environment Act 1987. Following adoption, priority projects such as the Eltham and Diamond Creek Activity Centre amendments, the Nillumbik Housing Strategy and Neighbourhood Character Strategy will be further progressed. The priorities are also aligned to the actions of the new Council Plan 2025-2029.

Council Resolution

SECONDED: Cr Kate McKay

That Council:

1. Notes the recent changes made to the Final Planning Scheme Review 2025 as in Attachment 5, and in response to feedback provided at the 9 September 2025 Planning and Consultation Committee (PCC) meeting.

2. Endorses the Planning Scheme Review 2025 (Attachment 1) and the Appendices (Attachment 2).

3. Supports Council Officers to submit the adopted document to the Minister for Planning in accordance with Section 12B(5) of the Planning and Environment Act 1987.

4. Authorises the Director Planning, Environment and Strategy to make any typographical or minor corrections to the Planning Scheme Review 2025 that may be necessary and are inconsequential in nature.

CM.119/25 Seeking Adoption of the Domestic Animal Management Plan 2025-2029

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Council Meeting Minutes 30 September 2025

12. Officers' reports

Distribution: Public

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

Author: Elishia Jansz, Manager Community Safety (Municipal Recovery Manager)

Summary

The purpose of this report is to seek Council endorsement of the Domestic Animal Management Plan 2025–2029 (DAMP 2025–2029) (Attachment 1), developed in accordance with section 68A of the Domestic Animals Act 1994.

The Domestic Animals Act 1994 requires councils to develop and implement a Domestic Animal Management Plan (DAMP) every four years, addressing key animal management priorities. The DAMP 2025–2029 reflects Council’s legislative obligations and incorporates updated strategies in response to evolving community needs, consultation feedback, and best practice across the sector.

The DAMP outlines Council’s strategic direction for domestic animal management over the next four years, in accordance with the Domestic Animals Act 1994, and must be adopted by October 2025. The DAMP 2025-2029 has been developed through extensive community engagement, benchmarking with other councils, and cross-departmental collaboration.

The DAMP 2025-2029 has been shaped by community feedback and includes several new initiatives. Key changes proposed include a Section 25 Cat Confinement Order, introducing 24-hour confinement with a 12-month education and transition period before enforcement begins and a revised Section 26 Dogs and Cats in Public Places Order, clarifying off-leash areas and dog access to ovals when not in sporting use.

Other key elements focus on stronger enforcement of animal-related offences, clearer guidance such as signage and definitions, and improved education through social media, pop-ups, and partnerships with organisations like the RSPCA. Practical measures include additional dog poo bag dispensers and bins, more park patrols, and refined processes for issues such as barking dogs and dog attacks. The plan also places greater emphasis on responsible pet ownership, with initiatives to promote desexing (including reduced-cost options).

This report also seeks Council endorsement on a new Animal Registration Refund Policy (Attachment 4), aimed at improving fairness principles and transparency in application of animal registration processes.

Motion

SECONDED: Cr Naomi Joiner

That Council:

1. Endorses the Domestic Animal Management Plan 2025-2029 (Attachment 1) prepared in accordance with section 68A of the Domestic Animals Act 1994.

2. Resolves to make the following Order pursuant to section 25 of the Domestic Animals Act 1994:

a) cats within the municipality are to be confined to the owner’s property, or the property where they are kept at all times. Cats may leave the property if they are securely confined with an appropriate cat carrier or other reasonable means of constraint as detailed in Attachment 2.

3. Resolves to make the follow Orders pursuant to section 26(2) of the Domestic Animals Act 1994:

a) prohibit the presence of dogs (and/or cats, where relevant) in specified public places, and/or require dogs to be on a leash in designated areas, as detailed in the Attachment 3.

4. Maintains mandatory desexing of cats requirement as per section 10A of Domestic Animal Act 1994.

5. Adopts the Animal Registration Refund Policy (Attachment 4).

6. Authorises the Chief Executive Officer (or delegate) to:

a) give public notice of the Orders in in Victorian Government Gazette accordance with the requirements of the Domestic Animals Act 1994 and on Councils Website.

b) undertake any administrative or procedural steps necessary to bring the Orders into effect; and

c) submit a copy of the Domestic Animal Management Plan 2025-2029 to the Secretary of the Department of Energy, Environment and Climate Action (DEECA) as required.

Cr Kelly Joy proposed to the Mover and Seconder an Amendment to point 1 of the Motion.

This was not accepted by the Mover Cr Kate McKay.

Cr Kelly Joy moved an Amendment.

Amendment

MOVED: Cr Kelly Joy

SECONDED: Cr Naomi Joiner

That Council:

1. Endorses the Domestic Animal Management Plan 2025-2029 (Attachment 1) prepared in accordance with section 68A of the Domestic Animals Act 1994 with changes to reflect a two year transition period for the new 24/7 cat confinement order and any actions impacted by this transition period be updated accordingly.

2. Resolves to make the following Order pursuant to section 25 of the Domestic Animals Act 1994:

3. Resolves to make the follow Orders pursuant to section 26(2) of the Domestic Animals Act 1994:

a) prohibit the presence of dogs (and/or cats, where relevant) in specified public places, and/or require dogs to be on a leash in designated areas, as detailed in the Attachment 3.

4. Maintains mandatory desexing of cats requirement as per section 10A of Domestic Animal Act 1994.

5. Adopts the Animal Registration Refund Policy (Attachment 4).

6. Authorises the Chief Executive Officer (or delegate) to:

a) give public notice of the Orders in in Victorian Government Gazette accordance with the requirements of the Domestic Animals Act 1994 and on Councils Website.

b) undertake any administrative or procedural steps necessary to bring the Orders into effect; and

c) submit a copy of the Domestic Animal Management Plan 2025-2029 to the Secretary of the Department of Energy, Environment and Climate Action (DEECA) as required.

CARRIED

For: Crs Grant Brooker, Naomi Joiner, Kelly Joy and Peter Perkins

Against: Crs Kim Cope, John Dumaresq and Kate McKay

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

Council Resolution

CM.120/25 Tender Report - Contract 2425-059 IT Hardware and Infrastructure - End User Computing

SECONDED: Cr Naomi Joiner

That Council:

1. Endorses the Domestic Animal Management Plan 2025-2029 (Attachment 1) prepared in accordance with section 68A of the Domestic Animals Act 1994 with changes to reflect a two year transition period for the new 24/7 cat confinement order and any actions impacted by this transition period be updated accordingly.

2. Resolves to make the following Order pursuant to section 25 of the Domestic Animals Act 1994:

3. Resolves to make the follow Orders pursuant to section 26(2) of the Domestic Animals Act 1994:

a) prohibit the presence of dogs (and/or cats, where relevant) in specified public places, and/or require dogs to be on a leash in designated areas, as detailed in the Attachment 3.

4. Maintains mandatory desexing of cats requirement as per section 10A of Domestic Animal Act 1994.

5. Adopts the Animal Registration Refund Policy (Attachment 4).

6. Authorises the Chief Executive Officer (or delegate) to:

a) give public notice of the Orders in in Victorian Government Gazette accordance with the requirements of the Domestic Animals Act 1994 and on Councils Website.

b) undertake any administrative or procedural steps necessary to bring the Orders into effect; and

c) submit a copy of the Domestic Animal Management Plan 2025-2029 to the Secretary of the Department of Energy, Environment and Climate Action (DEECA) as required.

CARRIED

For: Crs Kim Cope, John Dumaresq, Naomi Joiner, Kelly Joy and Kate McKay

Against: Crs Grant Brooker and Peter Perkins

Jeremy Livingston, Director Culture and Performance temporarily left the meeting during discussion of this item at 9:12pm and returned at 9:13pm.

Elishia Jansz, Manager Community Safety I Municipal Recovery Manager left the meeting after the vote at 9:30pm and did not return.

Council Meeting Minutes 30 September 2025

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 a lease contract for the provision of laptops and services for the existing fleet of laptop (End User Computing) units.

The current fleet End User Computing equipment is three years old and was acquired via a previous leasing contract term with Hewlett Packard. The current lease arrangement in now ending and the existing equipment has reached its end-of-life cycle and warranty coverage.

As part of the original terms of the lease, the equipment will be returned to Hewlett Packard.

As per the specifications of the tender documents, the proposed lease arrangement would include the following:

· A three-year contract term;

· Provision and deployment of the new units;

· Next business day on-site warranty support; and

· Collection of units, secure data destruction and recycling at the end of the lease period.

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] (inclusive of GST) and enter into the following contract:

Number: 2425-059

Title: IT Hardware and Infrastructure - End User Computing

Term: 3 years from date of acceptance of equipment

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

3. Authorises the Director 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 (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.

Council Resolution

CM.121/25 Updated Complaint Handling Policy

SECONDED: Cr Kim Cope

That Council:

1. Accepts the tender submitted by the preferred tenderer Hewlett Packard PPS Australia Pty Ltd for the sum of $586,586.88 (inclusive of GST) and enter into the following contract:

Number: 2425-059

Title: IT Hardware and Infrastructure - End User Computing

Term: 3 years from date of acceptance of equipment

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

3. Authorises the Director 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.

CARRIED

For: Crs Grant Brooker, Kim Cope, John Dumaresq, Naomi Joiner and Peter Perkins

Against: Crs Kelly Joy and Kate McKay

Council Meeting Minutes 30 September 2025

12. Officers' reports

Distribution: Public

Manager: Jeremy Livingston, Director Culture and Performance

Author: Craig King, Manager Customer Experience and Business Performance

Summary

Section 107 of the Local Government Act 2020 requires all councils to adopt and maintain a complaints policy. This ensures a clear and consistent framework is in place for managing complaints, providing the community with confidence that concerns will be handled fairly and transparently.

Council’s Complaints Handling Policy has now been updated in line with the Victorian Ombudsman’s Good Practice Guide to Complaint Handling for Victorian Public Sector Organisations (April 2025). This update not only ensures the policy meets legislative requirements but also reflects best practice in complaint management as outlined by the Victorian Ombudsman.

The current Complaint Handling Policy was adopted by Council in December 2021, in line with the then new Local Government Act 2020 and Victorian Ombudsman’s guidance around complaint handling. While the current policy has operated effectively, it is prudent to review and update with the minor changes set out in the Ombudsman’s update guidance.

This operational policy relates to the management of complaints made to Council, by any person who has been affected by an action, inaction or decision of Council. The policy provides a framework which outlines the organisation’s commitment to complaint handling.

The policy does not apply to complaints about individual Councillors. However, where it does relate to Councillors, it specifies that when a Councillor receives a complaint from a member of the community, the Councillor will refer it to the Council administration for appropriate action and response in accordance with this policy.

Complaints are ‘free feedback’ for Council about its services and can highlight needs for improvement. The policy also supports a maturing approach to recording, handling and reporting on complaints.

Once adopted, the updated policy will be published on Council’s website.

Council Resolution

SECONDED: Cr Kim Cope

That Council adopts the Complaint Handling Policy (Attachment 1).

CM.122/25 Informal Meetings of Councillors Records - 26 August 2025

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Council Meeting Minutes 30 September 2025

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 26 August 2025.

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

1. Councillor Briefing held 19 August 2025;

2. Environment and Sustainability Advisory Committee held 20 August 2025;

3. Inclusion and Access Advisory Committee held 22 August 2025;

4. Council Meeting Pre-Meet held 26 August 2025;

5. Recreation Trails Advisory Committee held 27 August 2025;

6. Youth Council Meeting held 1 September 2025;

7. Councillor Briefing held 2 September 2025

8. CEO Employment Matters held 9 September 2025; and

9. Planning and Consultation Committee Pre-Meet held 9 September 2025.

Council Resolution

MOVED: Cr Kim Cope

SECONDED: Cr Kate McKay

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 30 September 2025

13. Notices of Motion

Nil

14. Delegates' Reports

Nil

Nil

16. Confidential reports

Carl Cowie Chief Executive declared a general conflict of interest in the following item and left the meeting prior to the item being heard at 9:39pm.

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.123/25 CEO Employment Matters - CEO Performance Plan 2025/2026

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 Grant Brooker

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.