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Council Meeting held at the Council
Chamber, 32 Civic Drive, Greensborough Minutes
Carl Cowie Chief Executive Officer Friday 12 December 2025
Distribution: Public Civic Drive, Greensborough PO Box 476, Greensborough 3088 Telephone 9433 3111 Facsimile 9433 3777 Website www.nillumbik.vic.gov.au Email nillumbik@nillumbik.vic.gov.au
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Council Meeting Minutes 9 December 2025
Nillumbik Shire Council
Contents
6. Declarations of conflict of interest
COM.001/25 Confirmation of Minutes Council Meeting held Tuesday 25 November 2025
10. Questions from the gallery
11. Reports of Advisory Committees
AC.010/25 Advisory Committee Report 9 December 2025
CM.148/25 Risk and Safety Quarterly Report - September 2025
CM.150/25 Community Engagement Policy
CM.151/25 Eltham Town Activity Centre Special Rate Levy (2026 - 2029)
CM.152/25 Community Assessment Panel
CM.153/25 Council Expenses Policy 2025
CM.154/25 Nillumbik Festival and Event Triennial Program 2026-2029
CM.155/25 Jayson Avenue Special Charge Scheme, Eltham - Intention to Declare
CM.156/25 Kindergarten Infrastructure Services Plan Update
CM.157/25 Instrument of Appointment and Authorisation (Planning and Environment Act 1987)
CM.158/25 Instrument of Delegation to the Chief Executive Officer
CM.159/25 Instrument of Delegation from Council to Council staff
CM.161/25 Appointment of Independent Advisor and Chair to CEO Employment Matter Advisory Committee
CM.162/25 Informal Meetings of Councillors Records - 9 December 2025
15. Supplementary and urgent business
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Council Meeting Minutes 9 December 2025
Nillumbik Shire Council
Minutes of the Meeting of Nillumbik Shire Council held
Tuesday 9 December 2025.
The meeting commenced at 7.00pm.
Cr Naomi Joiner Bunjil Ward (Mayor)
Cr Kate McKay Swipers Gully Ward (Deputy Mayor)
Cr Grant Brooker Blue Lake Ward
Cr Kelly Joy Edendale Ward
Cr Peter Perkins Ellis Ward
Cr Kim Cope Sugarloaf Ward
Cr John Dumaresq Wingrove Ward
Officers in attendance:
Carl Cowie Chief Executive Officer
Jeremy Livingston Acting Chief Operating Officer
Blaga Naumoski Director Governance, Communications and Community Safety
Corrienne Nichols Director Communities
Frank Vassilacos Director Planning, Environment and Strategy
Bulent Oz Acting Director Culture and Performance
Katia Croce Manager Governance and Property
Tania Treasure Economic Development and Tourism Lead
Kasey Lawrence Economic Development and Tourism Officer
1. Welcome
2. Acknowledgement
Acknowledgement of Country was read by the Mayor, Cr Naomi Joiner.
The Good Governance Pledge was read by Cr Peter Perkins.
A prayer was read by Father Stephen Mankarious from St Macarius Coptic Orthodox Church Yarrambat.
Nil
6. Declarations of conflict of interest
Carl Cowie, Chief Executive Officer declared a general conflict of interest in item CM.161/25 Appointment of Independent Advisor and Chair to CEO Employment Matter Advisory Committee.
Sporting Grants
Diamond Creek Primary School ‘Spirit of Diamond Creek’ Energy Breakthrough team (Ellis Ward) receives $500 for being selected to participate at the Energy Breakthrough event in Maryborough.
Nillumbik Shire Council wishes them every success with their future sporting pursuits.
A representative of Diamond Creek Primary School thanked Council.
Acknowledgements made by Cr Grant Brooker
Diamond Valley Basketball Association – Association of the year
Patrick Di Lizio – Administrator of the year
I wanted to acknowledge this evening, the Diamond Valley Basketball Association announced Association of the year and their Chief Executive Officer, Administrator of the year.
We wanted to acknowledge the outstanding achievements of the Diamond Valley basketball Association named the association of the year for 2025.
DVBA, they certainly don’t seek recognition, but they most definitely have earnt it, so I would say that this honour reflects the dedication and passion of their community.
The volunteers, board members, referees, coaches, clubs, players, parents, staff, and sponsors whose commitment has built one of Victoria’s leading sporting associations.
You must always refer to the metrics with the DVBA because 9943 participants, almost 10,000. 4852 junior domestic players, 1976 senior domestic, 500 junior representative, 80 senior representative, 2500 community program participants They have a diverse base participation made up at 66 per cent boys and 34 per cent girls, and in senior competitions 83 per cent men and 17 per cent women.
The recognition comes as the association approaches 50th anniversary in 2026 and that is also 50 years since the original Diamond Valley sports stadium commenced, it’s a completely different looking beast now. But a milestone that celebrates five decades of growth, resilience and community connection
It marks significant progress of the past five years during which the board has strengthened the organisation and honoured its history.
I also want to congratulate Pat Di Lizio, awarded administrator of the year whose leadership and commitment has made him serve at every layer of the DVBA from grass roots to NBL1 and transformed the way they operate.
This award again is not sort, but it is most definitely earnt these achievements reflect what is possible when a community works together with shared purpose.
Congratulations to everyone who contributes to the spirit of the Diamond Valley Basketball Association. Go Eagles.
Council Meeting Minutes 9 December 2025
8. Confirmation of Minutes
Confirmation of the Minutes of the Council Meeting held on Tuesday 25 November 2025.
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SECONDED: Cr Kim Cope That Council confirms the Minutes of the Council Meeting held on Tuesday 25 November 2025 (Attachment 1). |
Council Meeting Minutes 9 December 2025
9. Petitions
Nil
10. Questions from the gallery
Tonight’s public questions all relate to the proposed BMX Park project at Challenger Street Reserve in Diamond Creek.
Before answering each of the questions, I want to let all those interested in the project know that the Participate Nillumbik webpage for the project has recently been updated with all the current information, as well as easy links to previous Council reports on the project. A number of the answers to tonight’s questions can already be found on that webpage and a link to the answers to tonight’s questions will be added to that site.
I would encourage all those interested in the project to sign up for updates as the site will continue to be updated ahead of Council’s planning application in 2026. A reminder that the planning application process will be the next opportunity for community consultation on the project. This will involve Council advertising the project and inviting the community to make a submission, written objection or letter of support, on the more detailed proposal.
Rebecca Bosch has submitted the following questions:
Question 1
On 30th September BMX Jumps and Community Recreation Park Concept Plan Consultation under Sustainability implications point 20. "Protection measures for high value vegetation and the existing wetlands will be incorporated in a site-specific Environmental Management Plan which will be developed prior to construction"
My question is "In council meetings since 30th September reference made by Councillors to the Challenger Street Reserve continues to only mention grassy areas and tree canopies. Has there been a full environmental impact assessment or is NSC planning to undertake a full environmental impact assessment to determine the negative effects to the surrounding wetlands during construction and once the BMX site is in use?
Response
Further environmental studies are currently underway. These studies will guide the environmental impact assessment which will inform a future planning application in 2026.
Question 2
In the online feedback survey lighting was mentioned "Minimum lighting required for public safety is being proposed. The consultation asks respondents where safety lighting should be prioritised.
My question is "How will safety lighting be possible without artificial lighting and is the impact of artificial lighting being considered with respect to the impact on nocturnal fauna in the surrounding wetland and bush areas?"
Response
The impact of any proposed lighting will be considered as part of the environmental impact assessment which will inform a future planning application in 2026.
Matthew Atwell has submitted the following questions:
Question 1
The Diamond Creek Recreation Precinct (BMX Park) planned for Challenger St Reserve is in a designated Bushfire Prone Area. This plan restricts emergency vehicle access throughout the Reserve. The ‘Council’s Bushfire Mitigation Strategy 2019-2023 covers private and public land bushfire mitigation, building stronger and more resilient communities and working to strengthen the ability of agencies to deliver coordinated bushfire mitigation programs. The strategy is underpinned by community-centric outcomes, including shared responsibility, shared obligation and building strong relationships with agencies.’
How does The Diamond Creek Recreation Precinct (BMX Park) planned for Challenger St Reserve align with this strategy?
Response
Council officers are currently completing further investigative, planning and design work to prepare a final concept plan. As this work is ongoing, there is no confirmed restricted emergency vehicle access. The CFA will be consulted at later stages of the project.
Question 2
With regards to the he Diamond Creek Recreation Precinct (BMX Park) planned for Challenger St Reserve we (local residents) have continually asked about the alternative sites that were considered. We have written requests for this list in order to find a more appropriate site but have not received written responses. Cr Brooker provided this list reading from his phone after the PCC meeting on 11th Nov. Challenger St, 145 Allendale Rd, Lot 1/73 Dering St, DC Regional Playspace, Alan Marshall Reserve, Alistair Know Park and Pitt St (BMX). Challenger St Reserve is more biodiverse and of higher core habitat value than any of these other sites. Objectives in NSC Biodiversity Strategy 2024-2034, Consider biodiversity impacts and opportunities in day-to-day operations and when making Council decisions and b. Embed consideration of biodiversity protection and enhancement within Council’s decision-making processes, and into new Council policies, strategies and plans. The selection criteria did not include current use of site or environmental significance.
How does selecting Challenger St Reserve align with the NSC Biodiversity Strategy?
Response
The aforementioned sites were considered as part of the original site selection in 2022. This site selection process was prior to Council being successful in its Growing Suburbs fund grant application.
Council’s further assessment of alternative sites in 2025 has been based on the following criteria:
· Located within Diamond Creek
· Close proximity to the original informal BMX jumps site
· Outside the 1:100-year floodplain (as determined by Melbourne Water), recognising relevant heritage and planning overlays
· Outside the 200-metre buffer from Diamond Creek, thereby avoiding areas of cultural heritage sensitivity and removing the need for a Cultural Heritage Management Plan (CHMP).
Based on these criteria, the other sites considered in 2022 were not viable. Challenger Street Reserve is the only Council owned and managed site that met all four criteria.
These criteria have and will continue to guide the project’s scope, site feasibility, and regulatory compliance requirements.
Further environmental studies are currently underway. These studies will guide the environmental impact assessment which will inform a future planning application in 2026.
Jacinda Brown has submitted the following questions:
Question 1
As a resident whose property adjoins Challenger St Reserve I have not received any notification from Council about The Diamond Creek Recreation Precinct (BMX Park) plan. Nor was I notified about, or directed to the Participate Nillumbik survey to have my say on the plan. I receive letters for speed humps and tree trimming. This plan directly impacts my family as the entrance is just 3.5 metres from the wall of my house and I found out about this plan by word of mouth as have many other residents.
How does this align with the Council Plan 2025-2029 under Responsible governance and community leadership We strengthen governance and community leadership to ensure transparent, inclusive decision-making processes that engage all residents, build trust, and create sustainable solutions for Nillumbik’s future?
The recent public consultation involved a letter titled “Notice of development at Challenger Street Reserve” sent via Australia Post to properties that bordered the Challenger St Reserve. Of the 47 letters sent, Council only received one letter returned to sender.
Further advertising of the proposed BMX Park included:
· On-site signage (total of 3 corflute signs)
· Social media
· Participate Nillumbik e-newsletter
· Direct e-mails to those who signed up to receive updates on the project
· Signage at other Council facilities including Eltham Dirt Jumps, Diamond Creek Skate Park and Hurstbridge Skate Park.
Question 2
A Site Environment Management Plan is currently underway for the Diamond Creek Recreation Precinct (BMX Park) planned for Challenger St Reserve which is subject to ESO1, is a Critical Conservation Area and is a Strategic and regional habitat link covering 190 hectares. The SEMPS plan is assessing the site and adjoining wetlands for minimal impact of the plan itself and does not take into account the appropriateness of the site in accordance with the NSC Biodiversity Strategy 2024-2034, 1.2 Demonstrate leadership by improving the biodiversity values of Council-owned and managed land a. Actively avoid and minimise the impact of Council operations (such as capital works projects and maintenance activity) on native vegetation and biodiversity. b. Increase the conservation values (e.g. restoration and improved connectivity) of Council’s reserves, wetlands and roadsides. (Also covered in focus area 3). Wildlife who live and breed within the Reserve are often observed in all different areas of the reserve, including, crossing the planned access road, foraging in the planned car park and BMX track site itself.
If improving biodiversity values, minimising impacts on biodiversity and increasing conservation values is in your no 1 Focus area, how can this plan possibly align with the NSC Biodiversity Strategy?
Response
Further environmental studies are currently underway. These studies will guide the environmental impact assessment which will inform a future planning application in 2026.
Jason Morrison has submitted the following questions:
Question 1
Given that Nillumbik council has stated a commitment to providing responsible governance and community leadership by ensuring "transparent, inclusive decision making that engages all residents", what reasons can the councillors offer to explain the ongoing, seemingly deliberate, absence of information provided to rate payers to inform them of the intention to direct both rate payers and state government funds toward the destruction of the Challenger Street wetlands for the purposes of a establishing a BMX jumps track without any justification in the form of environmental impact assessment or cultural heritage assessment.
Response
Further environmental studies are currently underway. These studies will guide the environmental impact assessment which will inform a future planning permit application in 2026.
The proposed development area sits outside of the buffer zone of cultural sensitivity from Diamond Creek and does not require a mandatory Cultural Heritage Management Plan (CHMP).
Question 2
Given that the development of a BMX track facility will result in additional traffic and carparking in the immediate proximity, what environmental impacts have the councillors considered regarding waste pollution and contaminant run offs into the wetlands and what costs to rate payers have been considered for the protection of the current ecological balance.
Response
Further environmental studies are currently underway. These studies will guide the environmental impact assessment which will inform a future planning application in 2026.
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Council Meeting Minutes 9 December 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. Arts & Cultural Advisory Committee meeting held 25 August 2025.
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SECONDED: Cr Grant Brooker That Council notes the Minutes of the Advisory Committee meetings reported (Attachment 1). |
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Council Meeting Minutes 9 December 2025
12. Officers' reports
Distribution: Public
Manager: Jeremy Livingston, Acting Chief Operating Officer
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 17 November 2025.
The full confidential Risk and Safety Report for September 2025 is attached to this report (Attachment 1) and provides detailed information for Council’s consideration.
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SECONDED: Cr Kate McKay That Council: 1. Notes the summary of the confidential Risk and Safety Report for the quarter ending September 2025. 2. Resolves that the Quarterly Risk and Safety Report – September 2025 (Attachment 1) remains confidential in accordance with section 3(1)(a) and (f) of the Local Government Act 2020. |
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Council Meeting Minutes 9 December 2025
12. Officers' reports
Distribution: Public
Manager: Jeremy Livingston, Acting Chief Operating Officer
Author: Bulent Oz, 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 17 November 2025, and the minutes for that meeting are shown in Attachment 1.
As requested at the 1 September 2025 Committee meeting, the Audit and Risk Committee Charter has been updated to reinforce that Committee members must not upload, share, or input any confidential Committee papers or materials into Artificial Intelligence (AI) tools or platforms for any purpose. The updated Audit and Risk Committee Charter (Attachment 2) was received and noted by the Audit and Risk Committee, with a recommendation for Council to adopt.
As required by Section 54(3)(a), the Audit and Risk Committee must undertake an annual assessment of its performance against the Audit and Risk Committee Charter. This assessment has recently been completed (Attachment 3). The outcomes have been used to inform and update the Committee’s Annual Work Plan for the next year.
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SECONDED: Cr Kim Cope That Council: 1) Notes the Minutes of the Audit and Risk Committee meeting held on 17 November 2025 (Attachment 1). 2) Endorses the updated Audit and Risk Charter (Attachment 2). 3) Notes the Audit and Risk Committee Annual Self-Assessment (Attachment 3). |
Cr John Dumaresq noted that Cr Naomi Joiner was listed as being both present and an apology in the meeting Minutes (Attachment 1). Cr Naomi Joiner was a late apology to the Audit and Risk Committee meeting held on 17 November 2025.
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Council Meeting Minutes 9 December 2025
12. Officers' reports
Distribution: Public
Manager: Blaga Naumoski, Director Governance, Communications and Community Safety
Author: Michele Purtle, Manager Advocacy Communications and Engagement
Summary
Nillumbik’s Community Engagement Policy is Council’s commitment to engaging the Nillumbik community in planning and decision-making using appropriate, effective and inclusive practices.
Two phases of community engagement were conducted in 2020 to develop the Community Engagement Policy, and it was formally adopted at a Council Meeting in February 2021.
The Advocacy, Communications and Engagement team has reviewed the Community Engagement Policy (Attachment 1) and made changes to support consistent, effective engagement that gives our community a voice in shaping Council decisions.
The review has taken onboard internal and external commentary and the evolution of community involvement throughout the life of 2021-2025 policy. The revised policy reflects these and strengthens our commitment to meaningful, inclusive, and transparent engagement.
On 26 August 2025, Council authorised the Draft Community Engagement Policy 2025 (Draft CE Policy) to be placed on community consultation from 1-30 September 2025 and for engagement initiatives to be undertaken to receive community feedback.
Following completion of the consultation period, the feedback confirms that the amendments made accurately reflect community expectations, sentiment and contemporary engagement practice. A report on the community engagement findings can be found at Attachment 2, with a summary page at Attachment 3.
The review considered feedback from both internal and external stakeholders, as well as the evolution of community participation during the life of the 2021–2025 Policy.
The revised Policy strengthens Council’s commitment to meaningful, inclusive, and transparent engagement.
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SECONDED: Cr Grant Brooker That Council: 1. Adopts the Community Engagement Policy 2025 (Attachment 1). 2. Authorises the Director Governance, Communications and Community Safety to make any further minor changes to the Community Engagement Policy 2025 that may be necessary and are inconsequential in nature. 3. Makes the adopted Community Engagement Policy 2025 publicly available on Council’s website. 4. Thanks submitters and advises them of the outcome of the consultation process. |
Council Meeting Minutes 9 December 2025
12. Officers' reports
Distribution: Public
Manager: Frank Vassilacos, Director Planning, Environment and Strategy
Author: Tania Treasure, Economic Development &Tourism Lead
Summary
The purpose of this report is to seek Council endorsement to Declare the intention to raise a Special Rate Levy (SRL) for Eltham Town Activity Centre and to commence the statutory process to raise the levy. Money collected through the SRL will be provided to the Eltham Chamber of Commerce and Industry (ECCI) who have an existing SRL in place with an annual value of $143,000. The SRL is used to fund events, marketing campaigns, business development and digital activities to promote Eltham as an attractive place to visit, shop and dine.
The current 5-year scheme will expire on 30 June 2026. Consultation undertaken by ECCI with businesses affected by the SRL resulted in 38 respondents, of which 76% supported the SRL renewal. ECCI has formally requested (Attachment 1) Council commence the process to renew the SRL for a 3-year period, from 1 July 2026 until 30 June 2029.
This report recommends to progress the statutory process for Council to declare its intention to raise a SRL of $143,000 per year for the Eltham Town Activity Centre, commencing 1 July 2026 for a 3-year period.
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SECONDED: Cr Peter Perkins That Council: 1. Pursuant to section 163 of the Local Government Act 1989 gives notice of its Intention to Declare a Special Rate Levy for the Eltham Town Activity Centre for a three year period commencing on 1 July 2026 and concluding on 30 June 2029. 2. Resolves the Special Rate Levy is to be used for the purpose of defraying marketing, promotion and other incidental expenses associated with the encouragement of commerce in the Eltham Town Activity Centre, which: a) Council considers will be a special benefit to those persons required to pay the special levy; and b) Arises out of Council's function of encouraging commerce and employment within its municipal district. 3. Resolves that the properties affected by the Special Rate Levy known as the Eltham Town Activity Centre are all rateable properties located within and including: a) 9 – 20 Arthur Street inclusive b) 8 – 80 Commercial Place inclusive c) 1 – 23 Dudley Street inclusive d) 900 – 1050 Main Road inclusive e) 1 – 6 Pryor Street inclusive f) 2 – 20 Luck Street inclusive. 4. Resolves that the Eltham Town Activity Centre Special Rate Levy will raise an annual value of $143,000. A percentage of the annual value will proportionally be applied to each property in Attachments 2 and 3 based on the Net Annual Value and Property Square Meter Area. With 70% of the Net Annual Value and 30% of the Property Square Meter Area for each rateable land. 5. Resolves the total cost of performing the function of the Special Rate Levy described in Recommendation 2 between 1 July 2026 and 30 June 2029, and the total cost of the special rate levied in this period will be $429,000, with no increase during this period. 6. Resolves for the purposes of Recommendation 4, the Net Annual Value of each rateable land is the Net Annual Value of that parcel of land at the time of levying the special rate (so that the Net Annual Value may alter during the period in which the special charge is in force, reflecting any revaluations and supplementary valuations which take place). 7. Resolves in instances of non-payment of the Special Rate Levy, interest may accrue in accordance with section 172 of the Local Government Act 1989 and standard Shire practice on non-payment of rates and charges will apply. 8. Authorises the Chief Executive Officer to publicly advertises the required Public Notice of Council's intention to declare the Special Rate Levy as required by section 163 of the Local Government Act 1989. 9. Authorises the Economic Development and Tourism Lead to send individual letters with a copy of the public notice to all property owners and property occupiers who will be made liable for the Special Rate Levy. 10. Hears and considers submissions at its Planning and Consultation Committee meeting to be held in early/mid 2026. 11. Following the hearing of submissions received Council will decide whether to adopt as proposed or to modify, defer or abandon the Special Rate Levy at its meeting in mid 2026. |
Council Meeting Minutes 9 December 2025
12. Officers' reports
Distribution: Public
Manager: Corrienne Nichols, Director Communities
Author: Nichole Johnson, Manager Community Partnerships
Summary
This report presents Council with the seven recommended nominees for appointment to the Community Assessment Panel for a one-year term (Attachment 1).
The Terms of Reference (Attachment 2) were endorsed by Council on 29 July 2025.
Expressions of Interest for the Community Assessment Panel were open for eleven weeks during which eight submissions were received, noting one later withdrew. The seven remaining nominees were assessed against selection criteria (Attachment 1) by an internal assessment panel.
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Recommendation That Council: 1. Endorses the seven applicants listed (Attachment 1) onto the Community Assessment Panel: a) Applicant 1 for their role as a Community Assessment Panel member b) Applicant 2 for their role as a Community Assessment Panel member c) Applicant 3 for their role as a Community Assessment Panel member d) Applicant 4 for their role as a Community Assessment Panel member e) Applicant 5 for their role as a Community Assessment Panel member f) Applicant 6 for their role as a Community Assessment Panel member g) Applicant 7 for their role as a Community Assessment Panel member 2. Resolves that the Nominee Assessment Summary (Attachment 1) remain confidential on the grounds specified in the definition of confidential information in section 3(1)(f) of the Local Government Act 2020. 3. Resolves that the successful applicants be named.
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SECONDED: Cr Grant Brooker That Council: 1. Endorses the seven applicants listed (Attachment 1) onto the Community Assessment Panel: a) Applicant 1 Naomi Bishop for their role as a Community Assessment Panel member b) Applicant 2 Kate Puls for their role as a Community Assessment Panel member c) Applicant 3 Ann Lynch for their role as a Community Assessment Panel member d) Applicant 4 Silvia Josephine Zele for their role as a Community Assessment Panel member e) Applicant 5 Rachel Busbridge for their role as a Community Assessment Panel member f) Applicant 6 Marlwood Ryder for their role as a Community Assessment Panel member g) Applicant 7 David Chasemore for their role as a Community Assessment Panel member 2. Resolves that the Nominee Assessment Summary (Attachment 1) remain confidential on the grounds specified in the definition of confidential information in section 3(1)(f) of the Local Government Act 2020. 3. Resolves that the successful applicants be named. For: Crs Grant Brooker, Kim Cope, John Dumaresq, Naomi Joiner, Kate McKay and Peter Perkins Against: Cr Kelly Joy |
Tania Treasure, Economic Development and Tourism Lead and Kasey Lawrence, Economic Development and Tourism Officer left the meeting at 7:45pm during discussion of this item and did not return.
Council Meeting Minutes 9 December 2025
12. Officers' reports
Distribution: Public
Manager: Jeremy Livingston, Acting Chief Operating Officer
Author: Bulent Oz, Chief Financial Officer
Summary
This report presents the Council Expenses Policy 2025 for Council’s adoption.
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 Council Expenses Policy 2020.
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SECONDED: Cr Kim Cope That Council adopts the Council Expenses Policy 2025 (Attachment 1). |
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Council Meeting Minutes 9 December 2025
12. Officers' reports
Distribution: Public
Manager: Corrienne Nichols, Director Communities
Author: Nichole Johnson, Manager Community Partnerships
Summary
The Triennial Festival and Event Program 2026-2029 supports large-scale festivals and events that foster community connection, celebrate local identity, and enhance Nillumbik’s cultural and economic vibrancy.
This report provides Council with an overview of the outcomes of the Expression of Interest (EOI) process for the Nillumbik Festival and Event Triennial Program 2026–2029. It provides Council with a full copy of the assessment outcomes against the applications received and outlines the assessment methodology, proposed funding allocations, and how these align with Council’s strategic objectives (Attachment 1).
The Expression of Interest process commenced on 6 May 2025 and closed on 30 June 2025, offering three-year funding between $10,000 and $65,000 per event, from a total annual pool of $320,000.
A total of 15 applications were received, assessed, and reviewed against the assessment criteria provided in Nillumbik Triennial Festival and Event Program 2026-2029 Guidelines (Attachment 2) by an external assessment panel.
A total of 15 applications were received, requesting $672,813.00 in annual funding. Of these, a total of eight applications have been recommended for funding. Two are recommended for full funding, six for partial funding, three are not recommended, and three were deemed ineligible.
On 28 October, the Triennial Festival and Event Program 2026-2029 report was presented to Council for endorsement. Council voted to defer the report to the 9 December Council meeting so they had enough time to further review the report.
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Recommendation That Council: 1. Endorses the eight community events listed in Attachment 1 for the Triennial Festival and Event Program 2026-2029: a) Applicant 1 ___________ for the sum of $[Redacted] (inclusive of GST) disclosed in (Attachment 1). b) Applicant 2 ___________ for the sum of $[Redacted] (inclusive of GST) disclosed in (Attachment 1). c) Applicant 3 ___________ for the sum of $[Redacted] (inclusive of GST) disclosed in (Attachment 1). d) Applicant 4 ___________ for the sum of $[Redacted] (inclusive of GST) disclosed in (Attachment 1). e) Applicant 5 ___________ for the sum of $[Redacted] (inclusive of GST) disclosed in (Attachment 1). f) Applicant 6 ___________ for the sum of $[Redacted] (inclusive of GST) disclosed in (Attachment 1). g) Applicant 7 ___________ for the sum of $[Redacted] (inclusive of GST) disclosed in (Attachment 1). h) Applicant 8 ___________ for the sum of $[Redacted] (inclusive of GST) disclosed in (Attachment 1). 2. Acknowledges and thanks all community event organisers who submitted an application for the Triennial Festival and Event Program 2026-2029. 3. Resolves that the Assessment Outcome (Attachment 1) is to remain confidential on the grounds specified in the definition of confidential information in section 3(1)(g) of the Local Government Act 2020. |
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Motion MOVED: Cr Peter Perkins SECONDED: Cr Grant Brooker That Council: 1. Ceases the current process to allocate new three-year funding agreements for Events and Festivals, noting that: • the internal audit of the grants program has been completed and identified structural improvements required in Council’s policy, assessment framework, governance controls and documentation; • the Parliamentary Public Accounts and Estimates Committee (PAEC) report reinforces the need for strengthened oversight and best-practice grant management; and • Council’s strategic context and funding priorities have evolved since the EOI was released. 2. Extends all existing grant recipients for a further 12 months under their current arrangements plus CPI to ensure continuity of service, fairness, and community benefit while the policy and framework are reviewed and strengthened. 3. Requests officers to undertake a full review and update of the Events and Festivals Policy, associated procedures, assessment criteria and governance processes, ensuring alignment with: • relevant findings from the Internal Audit recommendations and the PAEC inquiry; • Council’s statutory obligations under the Local Government Act; and • principles of equity, diversity, fairness and community outcomes, ensuring these are clearly embedded and measurable within the revised framework. 4. Receives a revised Events and Festivals funding framework and updated Policy by July 2026 for consideration prior to initiating a new Expression of Interest process. 5. Advises all affected stakeholders, including existing recipients and EOI applicants of Council’s decision and outline the review process, timing to ensure transparency and fairness to all stakeholders. |
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THE MOTION WAS PUT TO THE VOTE AND CARRIED AND BECAME THE COUNCIL RESOLUTION AS FOLLOWS: |
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SECONDED: Cr Grant Brooker That Council: 1. Ceases the current process to allocate new three-year funding agreements for Events and Festivals, noting that: • the internal audit of the grants program has been completed and identified structural improvements required in Council’s policy, assessment framework, governance controls and documentation; • the Parliamentary Public Accounts and Estimates Committee (PAEC) report reinforces the need for strengthened oversight and best-practice grant management; and • Council’s strategic context and funding priorities have evolved since the EOI was released. 2. Extends all existing grant recipients for a further 12 months under their current arrangements plus CPI to ensure continuity of service, fairness, and community benefit while the policy and framework are reviewed and strengthened. 3. Requests officers to undertake a full review and update of the Events and Festivals Policy, associated procedures, assessment criteria and governance processes, ensuring alignment with: • relevant findings from the Internal Audit recommendations and the PAEC inquiry; • Council’s statutory obligations under the Local Government Act; and • principles of equity, diversity, fairness and community outcomes, ensuring these are clearly embedded and measurable within the revised framework. 4. Receives a revised Events and Festivals funding framework and updated Policy by July 2026 for consideration prior to initiating a new Expression of Interest process. 5. Advises all affected stakeholders, including existing recipients and EOI applicants of Council’s decision and outline the review process, timing to ensure transparency and fairness to all stakeholders. |
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Council Meeting Minutes 9 December 2025
12. Officers' reports
Distribution: Public
Manager: Jeremy Livingston, Acting Chief Operating Officer
Author: Steven Blight, Manager Capital and Infrastructure
Summary
Council received a petition on 24 November 2022 from property owners in Jayson Avenue, Eltham, requesting that the road be sealed.
After preparing a concept design and cost estimate and conducting a questionnaire, it was determined that 5 of 8 (62.5%) of property owners supported road sealing. Consequently, Council resolved on 25 March 2025 to proceed with the development process for the Jayson Avenue Special Charge Scheme, Eltham (Item CM.023/25). This process has now been completed.
This report commences the statutory process to declare and levy the special charge. Council must first give notice of its intention to declare a special charge, and subsequently hear any submissions and/or objections to the special charge scheme. Following this, Council may resolve to declare, vary or abandon the scheme.
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SECONDED: Cr Kate McKay That Council: 1. Gives public notice of its intention to declare a special charge in accordance with Section 163(1) of the Local Government Act 1989 for the purposes of defraying the expenses to be incurred by Council for the sealing and upgrade of Jayson Avenue, Eltham, subject to the following conditions: a) The works include sealing of the road with a thin asphalt layer at a typical width of 4 metres, with increased width at the bend on Jayson Avenue, and upgrades to the drainage and vehicle crossovers along the road and the intersection at Homestead Road. b) The Special Charge Scheme shall apply to the eight properties at 2, 3, 4, 5, 6, 24 and 26 Jayson Avenue and 15 Homestead Road in Eltham (refer to Attachment 1), which will receive access and amenity benefits. c) The estimated total project cost is $389,000 and the amount levied between the eight properties is $320,623.79 (Attachment 2). The Council contribution for the Crown Land at 560 Main Road is $68,376.21. d) The total estimated cost to each property may be paid as a lump sum within 30 days of invoice, or by quarterly instalments over a ten year period with interest as provided by Section 163(1)(b) of the Local Government Act 1989. e) The Special Charge Scheme for Jayson Avenue, Eltham, shall remain in force for ten years. 2. Notes that Council officers will send a copy of the intention to declare notice to each person who will be liable to pay the special charge. |
Council Meeting Minutes 9 December 2025
12. Officers' reports
Distribution: Public
Manager: Corrienne Nichols, Director Communities
Author: Narelle Hart, Manager Community Programs
Summary
The provision of infrastructure is a key component to delivering the State Government’s Best Start Best Life (BSBL) reforms and will require an increase and expansion of kindergarten facilities across the State.
Kindergarten Infrastructure and Services Plans (KISP), which are developed by the Victorian School Building Authority (VSBA), Victorian Department of Education (DE) and the individual Local Government, indicate where and when new infrastructure will be required to support both reform implementation and population growth within the local government area (LGA).
KISPs are intended to support service planning and identify if there is a need for future capital works. Information included in a Council’s KISP includes:
· Current and future supply and demand for funded kindergarten
· Any planned infrastructure projects to meet future demand for kindergarten places
· Forecasting of any ‘unmet demand’ for kindergarten statistical areas (SA2) within the municipality
· Information specific to the local government area and its early childhood education and care landscape – the ‘Local Context’.
KISPs are intended to support planning. They are not funding documents and do not commit any party to addressing the unmet demand identified.
The State Government expects that any future investment or funding requests through Building Blocks funding would align with any unmet demand that has been identified in the Council’s KISP (Attachment 1).
Since reporting to Council on 5 November 2025, Council officers met with the VSBA and DE’s regional office on 11 November 2025 to discuss Councillor and Officer concerns being that the KISP data suggests a low level of unmet demand across the Shire when the local context and the allocation of places indicate that families are not accessing kindergarten where they want to.
The advice from the VSBA was that:
· the Local Context will be considered in conjunction with supply and demand data when assessing funding applications and,
· funding applications would not be considered favourably without a signed KISP from the applying Council
Following this meeting, VSBA has reviewed and strengthened the local context within the KISP.
Council will need to consider incorporating the expansion of existing Council owned kindergarten facilities within future budgets whilst still advocating for State Government funding.
Alternatively, Council can accept that community have options to attend funded kindergarten at a range of service types irrespective of personal preferences.
Council Meeting Minutes 9 December 2025
12. Officers' reports
Distribution: Public
Manager: Blaga Naumoski, Director Governance, Communications and Community Safety
Author: Katia Croce, Manager Governance and Property
Summary
Section 224 of the Local Government Act 1989 provides for the appointment of Authorised Officers for the purposes of the administration and enforcement of any Act, regulations or local laws which relate to the functions and powers of the Council.
Prior to this meeting where a new Instrument is being considered, the Chief Executive Officer has made these appointments by authority conferred by Instrument of Delegation by Council dated 25 March 2025.
Section 147(4) of the Planning and Environment Act 1987 provides for the appointment and authorisation of Council Officers for the purpose of the Planning and Environment Act 1987.
To strengthen Council’s decision making and enforcement processes, appointment of authorisation under the Planning and Environment Act 1987 is being recommended by Council Resolution.
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SECONDED: Cr Kelly Joy That Council in the exercise of the powers conferred by s147(4) of the Planning and Environment Act 1987, resolves that: 1. The Nillumbik Shire Council staff referred to in the Instrument of Appointment and Authorisation (Planning and Environment Act 1987) (Attachment 1) be appointed and authorised as set out in the instrument. 2. The common seal of Council be affixed to the Instrument. 3. The Instrument comes into force immediately after the common seal of Council is affixed to the Instrument and remains in force until Council determines to vary or revoke it. |
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Council Meeting Minutes 9 December 2025
12. Officers' reports
Distribution: Public
Manager: Blaga Naumoski, Director Governance, Communications and Community Safety
Author: Katia Croce, Manager Governance and Property
Summary
Council approved the current Instrument of Delegation of powers, duties and functions to the Chief Executive Officer (CEO) on 25 March 2025.
The Local Government Act 2020 (the Act) provides for each Council to establish a delegation of power. The Act also requires Council to review the delegation within one year of each general election. This report meets Councils obligations under the Act.
The delegation of powers is considered essential to enable day-to-day decisions to be made to ensure the operations of Council are enacted efficiently and effectively. Delegations are standard practice across all Councils. Delegations should be regularly updated to reflect any legislative changes and or a more appropriate level of accountability.
The review of the Instrument of Delegation to the Chief Executive Officer in this instance does not recommend any changes.
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SECONDED: Cr Kate McKay That Council in the exercise of the power conferred by s 11(1)(b) of the Local Government Act 2020 resolves that: 1. There be delegated to the person holding the position, or acting in or performing the duties, of Chief Executive Officer the powers, duties and functions set out in the attached Instrument of Delegation to the Chief Executive Officer, (Attachment 1) subject to the conditions and limitations specified in that Instrument. 2. The instrument comes into force immediately the common seal of Council is affixed to the instrument. 3. On the coming into force of the instrument all previous delegations to the Chief Executive Officer are revoked. 4. The duties and functions set out in the instrument must be performed, and the powers set out in the instruments must be executed, in accordance with any guidelines or policies of Council that it may from time to time adopt. |
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Council Meeting Minutes 9 December 2025
12. Officers' reports
Distribution: Public
Manager: Blaga Naumoski, Director Governance, Communications and Community Safety
Author: Katia Croce, Manager Governance and Property
Summary
Council is empowered under various legislation to undertake duties and functions in accordance with that legislation. To undertake these duties and functions, it is necessary for Council to delegate relevant powers to the administration of the Council.
It is also necessary for Council to delegate some of its other functions to the administration for reasons of efficiency and to prevent Council from having to make many operational decisions at Council meetings.
Directors and Officers have undertaken a review of the existing Instrument of Delegation – Council to Council staff (Instrument) provisions in addition to new and amended provisions since it was last presented to Council.
This report requests that Council resolves to adopt the amended Instrument of Delegation (Attachment 1) to reflect legislative changes and organisational requirements.
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SECONDED: Cr Kim Cope That Council in the exercise of the powers conferred by the legislation referred to in the attached Instrument of Delegation (Attachment 1) resolves that: 1. There be delegated to the members of Council staff holding, acting in or performing the duties of the offices or positions referred to in the attached Instrument of Delegation to members of Council Staff, the powers, duties and functions set out in that Instrument, subject to the conditions and limitations specified in that Instrument. 2. The Instrument comes into force immediately the common seal of Council is affixed to the Instrument. 3. On the coming into force of the Instrument all previous delegations to members of Council staff (other than the Chief Executive Officer) are revoked. 4. The duties and functions set out in the Instrument must be performed, and the powers set out in the Instrument must be executed, in accordance with any guidelines or policies of Council that it may from time to time adopt. |
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Council Meeting Minutes 9 December 2025
12. Officers' reports
Distribution: Public
Manager: Frank Vassilacos, Director Planning, Environment and Strategy
Author: Amanda Kern, Manager Strategic Planning, Transport and Environment
Renae Ahern, Manager Planning and Environmental Health
Summary
The Victorian Government’s proposed Planning Amendment (Better Decisions Made Faster) Bill 2025 introduces significant changes to the Planning and Environment Act 1987, fundamentally altering how planning decisions are made across Victoria. If passed, these reforms will:
· Reshape decision-making processes by introducing strict timelines (10, 30, and 60 days) and a three-tier permit assessment system.
· Reduce community participation by limiting third-party appeal rights and changing notice provisions.
· Change the process for amendments to the planning scheme, and consultation for certain types of amendments.
· Remove key protections, including the term ‘fair’ and ‘safe’ from planning objectives.
· Increase compliance powers.
· Introduce new disclosure requirements for gifts and donations.
For Nillumbik, these changes present critical risks:
· Loss of local considerations in planning decisions.
· Reduced transparency and community engagement.
· Potential environmental and climate resilience impacts.
· Increased administrative burden and system upgrade costs.
Council must comply with the Act if the Bill passes. Advocacy through MAV remains essential to influence regulatory detail and mitigate risks. Immediate planning for administrative process changes and community communication will be required. At the time of writing this report, the Bill was due to be debated in Parliament in the week of 1 December 2025.
An urgent business report was tabled at the 25 November 2025 Ordinary Council Meeting calling for a Parliamentary Enquiry into the State Government’s Planning Amendment (Better Decisions Made Faster) Bill 2025. Council also subsequently wrote to the Planning Minister, The Hon. Sonya Kilkenny and various members of the legislative assembly and legislative council advising Council’s position and to request they support the MAV position and the call for a Parliamentary Inquiry.
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SECONDED: Cr Kate McKay That Council: a) Notes the proposed changes to the Planning and Environment Act 1987 through the Planning Amendment (Better Decisions Made Faster) Bill 2025. b) Supports the ongoing position and advocacy program being led by the MAV on behalf of local government, in consultation with Councils. |
Council Meeting Minutes 9 December 2025
Carl Cowie, Chief Executive Officer declared a general conflict of interest in the following item and left the meeting prior to the item being heard at 8:25pm.
12. Officers' reports
Distribution: Public
Manager: Blaga Naumoski, Director Governance, Communications and Community Safety
Author: Liann Filer, Senior Procurement Specialist
Summary
This report recommends the awarding of contract 2526-015 for Appointment of Independent Advisor and Chair to CEO Employment Matter Advisory Committee.
The contract term is for an initial period of 2 years, with 2 x 1 year options to extend the contract. The total duration of the contract, including the exercise of any options, shall not exceed 4 years.
The Evaluation Panel has assessed all submissions, and this report provides a summary of their evaluation in recommending the awarding of the contract for 2526-015 for Appointment of Independent Advisor and Chair to CEO Employment Matter Advisory Committee.
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Recommendation That Council: 1. Accepts the application submitted by the preferred applicant for the sum of $[Redacted] plus $[Redacted] for contingency (inclusive of GST) disclosed in (Attachment 1) and enter into the following contract: Number: 2526-015 Title: Independent Chair and Advisor - CEO Employment Matters Term: 2 February 2026 to 1 February 2028 Options: Term extensions up to 2 years 2. Authorises the Director Governance, Communications and Community Safety to finalise and execute the contract documentation. 3. Authorises the Director Governance, Communications and Community Safety to approve contract term extensions. 4. Authorises the Director Governance, Communications and Community Safety to approve changes to operational requirements throughout the term of the contract. 5. Notes that any variations that exceed the agreed approved budget will require a further Council resolution. 6. Advises all tenderers accordingly.
7. Makes public the decision regarding this contract but the Tender Evaluation Summary Report (Attachment 1) and Consolidated Scorecard (Attachment 2) remain confidential on the grounds specified in the definition of confidential information in section 3(1)(g) of the Local Government Act 2020. 8. Resolves that the preferred applicant be named. |
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Motion MOVED: Cr Kelly Joy SECONDED: Cr Peter Perkins That Council: 1. Accepts the application submitted by the preferred
applicant for the sum of $[Redacted] Number: 2526-015 Title: Independent Chair and Advisor - CEO Employment Matters Term: 2 February 2026 to 1 February 2028 Options: Term extensions up to 2 years 2. Authorises the Director Governance, Communications and Community Safety to finalise and execute the contract documentation. 3. Authorises the Director Governance, Communications and Community Safety to approve contract term extensions. 4. Authorises the Director Governance, Communications and Community Safety to approve changes to operational requirements throughout the term of the contract. 5. Notes that any variations that exceed the agreed approved budget will require a further Council resolution. 6. Advises all tenderers accordingly. 7. Makes public the decision regarding this contract but the Tender Evaluation Summary Report (Attachment 1) and Consolidated Scorecard (Attachment 2) remain confidential on the grounds specified in the definition of confidential information in section 3(1)(g) of the Local Government Act 2020. 8. Resolves that the preferred applicant be named. |
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THE MOTION WAS PUT TO THE VOTE AND CARRIED AND BECAME THE COUNCIL RESOLUTION AS FOLLOWS:
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SECONDED: Cr Peter Perkins That Council: 1. Accepts the application submitted by the preferred applicant Kendrea Pope Consulting for the sum of $40,000 disclosed in (Attachment 1) and enter into the following contract: Number: 2526-015 Title: Independent Chair and Advisor - CEO Employment Matters Term: 2 February 2026 to 1 February 2028 Options: Term extensions up to 2 years 2. Authorises the Director Governance, Communications and Community Safety to finalise and execute the contract documentation. 3. Authorises the Director Governance, Communications and Community Safety to approve contract term extensions. 4. Authorises the Director Governance, Communications and Community Safety to approve changes to operational requirements throughout the term of the contract. 5. Notes that any variations that exceed the agreed approved budget will require a further Council resolution. 6. Advises all tenderers accordingly. 7. Makes public the decision regarding this contract but the Tender Evaluation Summary Report (Attachment 1) and Consolidated Scorecard (Attachment 2) remain confidential on the grounds specified in the definition of confidential information in section 3(1)(g) of the Local Government Act 2020. 8. Resolves that the preferred applicant be named. |
Carl Cowie, Chief Executive Officer returned to the meeting at 8:27pm following the vote on this item.
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Council Meeting Minutes 9 December 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 25 November 2025.
An Informal Meeting of Councillors Record was kept for the following meetings (Attachment 1):
1. Councillor Briefing held 18 November 2025;
2. Environment & Sustainability Advisory Committee (ESAC) held 19 November 2025;
3. Arts and Cultural Advisory Committee held 24 November 2025;
4. Council Meeting Pre-Meet held 25 November 2025; and
5. Extraordinary Council Meeting Pre-Meet held 26 November 2025.
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SECONDED: Cr Grant Brooker 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. |
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Council Meeting Minutes 9 December 2025
13. Notices of Motion
Cr Kate McKay read a delegates report.
Cr Joiner and I went to the MAV Mayoral Institute training last week, which was a two day event which was actually fantastic. Not that I didn’t think it would be fantastic but sometimes those long conference days are very difficult.
They covered many relevant things and it was great to meet other Mayors and Deputy Mayors and hear about what they are doing at their Councils with some information sharing, and it was a great learning experience.
I just wanted to highlight that it was fantastic.
15. Supplementary and urgent business
Nil
Nil
The meeting closed at 8:31pm.
Confirmed: _______________________________
Cr Naomi Joiner, Mayor