Agenda of Council Meeting - Tuesday, 22 November 2022

Council Meeting Agenda 22 November 2022

Nillumbik Shire Council

Agenda of the Meeting of Nillumbik Shire Council to be held
Tuesday 22 November 2022 commencing at 7:00pm

1. Welcome by the Mayor

Members of the public are advised the meeting will be livestreamed and recorded and the livestream recording will be made publicly available on YouTube and Council’s website.

2. Acknowledgement of Country by the Mayor

Nillumbik Shire Council respectfully acknowledges the Wurundjeri Woi-wurrung people as the Traditional Owners of the Country on which Nillumbik is located, and we value the significance of the Wurundjeri people’s history as essential to the unique character of the shire. We pay tribute to all First Nations People living in Nillumbik, give respect to Elders past, present and future, and extend that respect to all First Nations People.

We respect the enduring strength of the Wurundjeri Woi-wurrung and acknowledge the ongoing impacts of past trauma and injustices from European invasion, massacres and genocide committed against First Nations People. We acknowledge that sovereignty was never ceded.

Wurundjeri Woi-wurrung people hold a deep and ongoing connection to this place. We value the distinctive place of our First Nations People in both Nillumbik and Australia’s identity; from their cultural heritage and care of the land and waterways, to their ongoing contributions in many fields including academia, agriculture, art, economics, law, sport and politics.

3. Good Governance Pledge

As Councillors, we are mindful of our civic responsibilities and obligations. We pledge to take them seriously, and to carry them out with diligence and integrity.

We know the decisions we take will affect the people and environment of Nillumbik, now and in the future. We undertake, therefore, to make sound and principled decisions of lasting value, in a spirit of fairness and for the good of all.

We also pledge to serve the needs and wellbeing of the community and the environment, in an open and honest manner and to the best of our abilities.

4. Prayer

A prayer will be read.

5. Apologies

To accept apologies from any Councillors not in attendance at the meeting.

Recommendation

That the apologies be noted.

6. Presentations

CFA Appreciation Award Presentation

Presentation to our local CFA Brigades is an opportunity to acknowledge and thank each local brigade for their ongoing commitment and support they provide to the community. The Mayor will present each brigade with a certificate of appreciation and a cheque as a gesture of Council’s gratitude.

Sporting Presentations

Xavier Zemancheff (Swipers Gully Ward) receives $150 as a contribution for being selected to represent Victoria at the 2022 Lacrosse National Championships in Perth.

Nillumbik Shire Council wishes Xavier every success with his future sporting pursuits.

7. Confirmation of Minutes

Confirmation of the minutes of the Council Meeting held on Tuesday 25 October 2022.

Recommendation

That Council confirms the minutes of the Council meeting held on Tuesday 25 October 2022 (Attachment 1).

Attachments

1.	Minutes of the Council meeting held Tuesday 25 October 2022

Council Meeting Agenda 22 November 2022

12. Officers' reports

CM.113/22 Diamond Creek Community Infrastructure Strategic Plan - For Adoption

Distribution: Public

Manager: Rosa Zouzoulas, Director Planning and Community Safety

Author: Leigh Northwood, Manager Strategic Planning

Summary

The development of a master plan for community infrastructure in Diamond Creek including recreation and community precincts and buildings is a Priority Action in the Council Plan 2021-2025.

The Diamond Creek Community Infrastructure Strategic Plan (the Strategic Plan) is the final product of the first phase (Phase A) of the Diamond Creek Community Infrastructure Master Plan project. It has been prepared expressly to inform the preparation of a master plan.

As a formative product in the development of a master plan, the Strategic Plan, critically, outlines ‘what’ infrastructure is needed in Diamond Creek, ‘where’ it can be located within Diamond Creek, and ‘how’ infrastructure services can be offered, to meet the future needs of Diamond Creek and the wider population of the Shire the township serves, in 2036.

The draft strategic plan was exhibited on Participate Nillumbik for four weeks, from Monday 11 July until Sunday 7 August 2022, inclusive. The Planning and Consultation Committee (PCC) meeting held on 11 October 2022 heard verbal submissions to the draft strategic plan.

The Strategic Plan sustains the draft strategic plan that was exhibited as the best proposal for the locations and service models for community infrastructure that has been identified to be needed in Diamond Creek. The Strategic Plan includes two service model/ location options for a youth hub dedicated to youths that will require future Council consideration prior the completion of a community infrastructure master plan, noting that the standalone youth hub provides greatest synergies with the work of the youth team on this matter.

The Strategic Plan is being put to Council for adoption to enable future master planning work that, for the completion of a master plan, is subject to Council project budget allocation and/or grant funding, additional to the limited 2022/23 FY project budget, and that is necessary for the delivery of the community infrastructure.

Recommendation

That Council:

1. Adopts the Diamond Creek Community Infrastructure Strategic Plan (Attachment 1) as a formative product in the planning of community infrastructure in Diamond Creek, to inform a master plan and master planning related work that are subject to Council project budget and/or grant funding for their completion;

2. Updates the Participate Nillumbik webpage with the adopted Strategic Plan (Attachment 1); and

3. Writes to all respondents to the exhibition of the Draft Diamond Creek Community Infrastructure Strategic Plan to advise them of Council’s resolution and refers them to the updated Participate Nillumbik webpage with the next steps in the project.

Attachments

1.	Diamond Creek Communiy Infrastructure Strategic Plan - For Adoption

Discussion

Background

1. The Diamond Creek Community Infrastructure Strategic Plan (the Strategic Plan, Attachment 1) is the final product of the first phase (Phase A) of the Diamond Creek Community Infrastructure Master Plan project that is a Council Priority Action in the Council Plan 2021-2025.

2. The master plan project aims to optimise the capacity of the Diamond Creek Township to provide community infrastructure in meeting the needs of the Diamond Creek community and the broader communities of the Shire that Diamond Creek serves, including sport, recreation, social and cultural infrastructure, whilst ensuring other place functions and values within the township are maintained or enhanced.

3. The Strategic Plan has been prepared expressly to inform the preparation of a master plan in the next phase of the master plan project. As a formative product in the development of a master plan, the Strategic Plan, critically, outlines ‘what’ infrastructure is needed in Diamond Creek, ‘where’ it can be located within Diamond Creek, and ‘how’ infrastructure services can be offered, to meet the needs of a projected Diamond Creek population of 15,000 and the wider projected population of the Shire the township serves, in 2036.

4. The adoption of the Strategic Plan will enable the master plan project to proceed with targeted master planning work that will be necessary to enable the detailed design and delivery of the community infrastructure that has been identified to be needed in Diamond Creek.

5. The Strategic Plan recommended for Council adoption sustains the draft strategic plan exhibited for community feedback (refer ‘Community engagement’), including two service model/ location options for a dedicated youth hub that will require future Council consideration prior the completion of a community infrastructure master plan (refer ‘Options’) noting that the standalone youth hub provides greatest synergies with the work of the youth team on this matter.

6. The Strategic Plan has been prepared by Williams Ross Architects with Tract (urban designers) and K2 Planning (social planning), in consultation with the Project Working Group (PWG) comprising officers from multiple council departments, and under the guidance of the Project Control Group (PCG) comprising key EMT members concerned with community infrastructure provision.

7. Key stakeholders have informed the preparation of the Strategic Plan (separate to feedback received specifically through the exhibition of the draft strategic plan and separate to Council briefings and meetings and PCC meetings), including the Ward Councillor, the Youth Council Advisory Committee and the CEO of Yarra Plenty Regional Library (YPRL).

‘What’ infrastructure is proposed?

8. The Strategic Plan proposes a range of new community infrastructure that has been identified in key community infrastructure needs assessment reports to be required to meet the community infrastructure needs of Diamond Creek’s projected population of 15,000, and the wider projected population of the Shire the township serves, in 2036.

9. The key needs assessment reports for both Diamond Creek and the Shire include:

i. Community Infrastructure Report: Diamond Creek (Draft, V1.0, Dec 2018), prepared as background to the Diamond Creek Major Activity Centre Structure Plan (adopted 2020).

ii. Nillumbik Shire Community Infrastructure Needs Assessment (Final Draft, Feb 2020).

10. Both infrastructure needs assessment reports adopt growth area benchmarks based on provision ratios (infrastructure per population) for selected infrastructure categories. These have been used as a ‘starting point’, only, for determining infrastructure needs, as is standard industry practice in the absence of any other assessment metric. Infrastructure needs derived from the benchmarks have been further refined in the preparation of the Strategic Plan with the project team.

11. The Strategic Plan has also been informed by findings in Council’s Early Years Infrastructure Plan 2020–2026, with respect to the maternal and child health (MCH) service, and input from the CEO of YPRL with respect to the need for a library in Diamond Creek and its particular service model.

12. In summary, the Strategic Plan includes the following community infrastructure:

i. Community hub

ii. Aquatic, health & fitness centre

iii. Youth hub options (two)

iv. Maternal and child health centre

13. Facilities within the above-summarised community infrastructure are outlined in the Strategic Plan.

‘How’ infrastructure is provided

14. Infrastructure is provided according to the ‘service model’ developed from the advice of PWG members who have knowledge of industry best practices, and experience in, and responsibility for, the types of community services being considered in the Strategic Plan.

15. The Strategic Plan proposes integrated service models for all community infrastructure, with two service model/ location options for a youth hub dedicated to youths that consider an integrated service model (Youth Hub Plan Option A — Integrated Youth Hub, within the community hub) and a stand-alone service model (Youth Hub Plan Option B — Stand-alone Youth Hub, at the existing Diamond Creek Senior Citizens Centre site).

16. Community infrastructure with integrated service models provided in the strategic plan include:

i. Community hub

The community hub integrates a range of cultural and social facilities within the one building to enable convenient access to a range of related facilities and services, afford inter-generational exchange, and enable sharing of resources and governance responsibilities. The Youth Hub Plan Option A — Integrated Youth Hub proposes the youth hub as a facility that is dedicated to youths and is integrated within the community hub.

The Strategic Plan proposes the relocation of existing programs within the Diamond Creek Senior Citizen Centre into the community hub, to strengthen the above-mentioned benefits of the integrated community hub service model.

ii. Aquatic, health & fitness centre

The Aquatic, health & fitness centre integrates sport and recreation infrastructure to enable consolidation of related sport and recreational opportunities in the one location, sharing of resources and governance responsibilities and perceived commercial viability of overall infrastructure operation.

iii. Coniston Street Family Centre

A new and expanded MCH centre is provided as an extension to the existing Coniston Street Family Centre, replacing the existing MCH centre at the Diamond Creek Community Centre and consolidating family needs in the one location.

iv. Youth Hub Plan Option A — Integrated Youth Hub

This option proposes the integration of a youth hub that is dedicated to youths within the community hub. The inclusion of a youth hub within the community hub will strengthen the above-mentioned benefits of the integrated community hub service model and, specifically, provide youth users with a degree of discretion in accessing youth services because of their co-location with other public facilities in the hub (compared to a stand-alone youth hub where the accessing of services is more obvious). It may, however, not provide youths with a sense of their own place and identity that could be important requirements for their participation in accordance with the research undertaken by Council’s youth services team.

In this option, further investigations are required to consider future uses of the existing Diamond Creek Senior Citizens Centre/ site that provide the best nett community benefit. The Youth services team have undertaken work that prefers a stand-alone facility.

The Youth Hub Plan Option B — Stand-alone Youth Hub proposes the youth hub as a stand-alone service model and facility dedicated to youths at the existing senior citizens centre site. The stand-alone service model is considered as the most preferred option, as it would afford the youth hub a strong sense of place and identity that could be important requirements for youth participation.

17. It should be noted, that given the scale of the aquatic, health & fitness centre and the extent of shared spaces and the speciality of arts facilities considered within the community hub, and the reach of this infrastructure to users from beyond Diamond Creek, a more detailed community needs analysis and business case is required for this infrastructure as part of the master planning phase to confirm the specific types of facilities to be provided and their commercial viability.

‘Where’ infrastructure is located

18. The locations of the proposed community infrastructure are based on criteria established for each infrastructure type that acknowledges the reach of services provided to, and the accessibility needs of, infrastructure users.

19. Due to the highly public nature of most social/ cultural (community hub) and sport and recreational (aquatic, health & fitness centre) infrastructure, the catchment of users that extend outside of Diamond Creek for some of the facilities (such as the arts and the aquatic facilities), and the integrated service models adopted for them, this infrastructure has been located within the Diamond Creek Major Activity Centre where it is on active transport networks, accessible to public transport and is highly visible. The MCH infrastructure (at Coniston Street Family Centre) does not require the same high level of visibility to the public; its location outside the Diamond Creek Major Activity Centre is within the local neighbourhood, accessible to public transport, and where it can consolidate the location of family services in Diamond Creek.

20. The locations identified for the community infrastructure have been selected from Council-owned land, and specific sites identified from an analysis of site opportunities and constraints including, for example, accessibility, planning overlays such as heritage and land subject to inundation (LSIO), and topography.

21. It should be noted that given the extent of the LSIO in the area, the next master planning phase of the project would likely need to prepare flood modelling and involve discussions with the relevant authorities in order to best design the facilities with floor levels that sit above the flood level (that at this strategic phase of the project is unknown).

Related Council decisions

22. The exhibited Draft Diamond Creek Community Infrastructure Strategic Plan was approved for exhibition at the Council Meeting 28 June 2022 (CM.058/22).

23. Council resolved at the 11 October 2022 PCC (PCC.030/22) to consider the community engagement conducted on, and feedback provided to, the exhibition of the Draft Diamond Creek Community Infrastructure Strategic Plan.

Options

24. Two service model/ location options for a youth hub dedicated to youths are provided in the Strategic Plan, demonstrating the capacity of the township to provide a youth hub in Diamond Creek along with the other community infrastructure identified to be needed.

25. Concurrent with this master plan project is Council’s Youth Hub Research project that aims to outline the requirements for a Shire youth hub, including a preferred location in the Shire. The Senior Citizens Centre site is the preferred location for the youth hub in the Shire in accordance with this research project.

26. As a consequence of the on-going status of the Youth Hub Research project, the two youth hub service model/ location options included in the Strategic Plan will need to be reviewed in the next master planning phase of the master plan project, taking into account the outcomes of the Youth Hub Research project and their consideration by Council.

27. Should Council decide to invest in a youth hub for the Shire that is located outside of Diamond Creek, then a youth hub in Diamond Creek would not be further developed in the master plan phase, and youth-friendly spaces, instead, would be integrated within the proposed community hub to provide youth spaces that are immediately accessible to the Diamond Creek youth community.

28. Should Council decide to invest in a youth hub for the Shire that is located in Diamond Creek, the preferred youth hub option would be developed in the master plan phase, taking into account the Youth Hub Research project preferred option of a stand alone facility and its consideration by Council.

Council plans and policies

29. This report directly supports the achievement of the Council Plan 2021-2025 strategy:

· We address the social, environmental and economic factors of health to improve health and wellbeing outcomes for our communities.

30. This report directly supports the achievement of the Council Plan 2021-2025 Objective:

· To protect, enhance, maintain, plan and design places and spaces that strengthen identity, reinforce character, improve accessibility, encourage social connection and enjoyment, support biodiversity and respect the environment.

31. This report directly supports the achievement of the Council Plan 2021-2025 Priority action:

· Develop a masterplan for community facilities in Diamond Creek including recreation and community precincts and buildings.

32. Diamond Creek Major Activity Centre Structure Plan (adopted 2020).

33. Community Infrastructure Report: Diamond Creek (Draft, V1.0, Dec 2018).

34. Nillumbik Shire Community Infrastructure Needs Assessment (Final Draft, Feb 2020).

35. Early Years Infrastructure Plan 2020–2026.

36. Gender Equality Action Plan 2022–25.

Sustainability implications

37. Not applicable to this phase of the master plan project.

Community engagement

38. A draft Strategic Plan was exhibited on Participate Nillumbik for four weeks, from Monday 11 July until Sunday 7 August 2022, inclusive.

39. Findings from the exhibition were provided along with an Officer response to the feedback in the 13 September 2022 Council Briefing report (OB.123/22).

40. Exhibition feedback was provided in the 11 October 2022 PCC report (PCC.030/22). Two submitters spoke on behalf of their respective organisations (Diamond Creek OM:NI and Nillumbik U3A) at the PCC meeting.

Innovation and continuous improvement

41. Not applicable.

Collaboration

42. Not applicable at this strategic phase of the master plan project, however, the remaining master planning phase of the project will likely require consultation with relevant authorities concerning flood levels and the design and siting of buildings.

Budget implications

43. The Strategic Plan was produced with a project budget of $65,000 and part utilisation of a $25,000 project contingency.

44. An additional budget of $80,000 is allocated to Planning and Community Safety for the 2022-2023 FY, as part-contribution toward a much greater project budget that will be required for the master plan phase. This initial budget could allow specific investigative work (such as detailed site survey) required to support design work in the master plan phase, but is insufficient to fund the preparation and completion of a master plan which will require future budget allocation and/or grant funding.

45. It is premature to consider community infrastructure project delivery costs at this stage, noting that proposals would be contingent on grant funding.

Relevant law

46. Not applicable.

Regional, state and national plans and policies

47. Not applicable.

Conflicts of interest

48. No officers involved in the preparation of this report have a conflict of interest.

Council Meeting Agenda 22 November 2022

12. Officers' reports

CM.114/22 Nillumbik Community Awards 2023

Distribution: Public

Manager: Corrienne Nichols, Director Community Services

Author: Nichole Johnson, Manager Community Partnerships

Summary

The purpose of this report is to seek endorsement for the new approach to the Community Awards Program for 2023 and beyond. This includes a new name, date and award categories.

Recommendation

That Council:

1. Endorses the following name and date for the new Community Awards Program:

a) New Name - Nillumbik Community Awards Program

b) New Date - third Thursday of August each year

2. Endorses the following new Award categories:

a) Nillumbik Volunteer

b) Nillumbik Community Group

c) Nillumbik Young Citizen (up to 25)

d) Nillumbik Community Awards:

i) Contribution to Arts, Heritage and Culture

ii) Contribution to Diversity and Inclusion

iii) Contribution to Environment and Sustainability

Attachments

Nil

Discussion

1. The Nillumbik Australia Day Awards program has been held each year on 26 January to recognise and honour the achievements of individuals and community groups who do outstanding things within the Shire.

2. Winners have previously been announced at the Nillumbik Australia Day Awards and Citizenship Ceremony event held on Australia Day, 26 January at Eltham Community Reception Centre (ECRC). These awards have previously been funded through Australia Day funding.

3. The Australia Day Awards have included the following five award categories for nomination:

· Nillumbik Young Citizen of the Year (12 - 25 years)

· Nillumbik Senior Citizen of the Year (60 years and over)

· Nillumbik Volunteer of the Year

· Nillumbik Community Group of the Year

· Nillumbik Citizen of the Year.

4. At a Council meeting held on the 26 July 2022 Council endorsed moving the Australia Day Awards Program currently held on 26 January to another date and requested a future report from Officers to confirm the new date, name and categories for the Awards Program.

Related Council decisions

5. On 26 July 2022, Councillors endorsed changing the Australia Day Awards from January 26 to an alternate date.

Options

6. It is recommended that the new Awards program is established as a stand-alone event. This proposal would keep the existing purpose and focus which is to recognise and honour the achievements of individuals and community groups who do outstanding things within the shire.

7. A new date, new name and new categories for the Awards Program are also recommended. In summary these are:

a. New name – Nillumbik Community Awards

b. New date – August, Thursday evening (Third Thursday) each year.

8. The following award categories are recommend to be considered in the Community Awards Program:

a. Nillumbik Volunteer

b. Nillumbik Community Group

c. Nillumbik Young Citizen (up to 25)

d. Nillumbik Community Awards:

i. Contribution to Arts, Heritage and Culture

ii. Contribution to Diversity and Inclusion

iii. Contribution to Environment and Sustainability.

9. These award categories will be prefaced with the year e.g. 2023 Nillumbik Volunteer. In the following year this would become 2024 Nillumbik Volunteer and will continue to change annually.

Council plans and policies

10. This report directly supports the achievement of the Council Plan 2021-2025 strategy:

· We encourage and support volunteering to enable community participation opportunities and actively celebrate these contributions.

Sustainability implications

11. Not applicable.

Community engagement

12. A communications plan, including key messages will be developed to communicate the changes to 2023 Community Awards program. The agreed key message is that moving the date of the awards is an opportunity to review and refresh the Community Awards program for 2023 and encourage an increase to nominations and attendance.

Innovation and continuous improvement

13. This is an opportunity to review the existing Australia Day Awards program and collaborate with Councillors to establish a new Community Awards program to include additional award categories and encourage an increase to nominations and participation across Nillumbik.

Collaboration

14. An internal working group was established to complete analysis, conduct benchmarking and develop proposed next steps for Council consideration.

Budget implications

15. There is currently no budget allocation for a stand-alone Community Awards Program.

16. Previous funding of $20,000 for the awards program was received through National Australia Day Council. The criteria to receive this funding in the future states that the awards must be held on Australia Day.

17. To hold an event similar to Australia Day awards as a stand-alone event with entertainment, catering, awards and possible live streaming (or videoing), it is estimated that Council would need to invest an annual budget of $20,000 through the Major Initiatives program.

Relevant law

18. Not applicable.

Regional, state and national plans and policies

19. Not applicable.

Conflicts of interest

20. All officers involved in the preparation of this report have made a declaration that they do not have a conflict of interest in the subject matter of this report.

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Council Meeting Agenda 22 November 2022

12. Officers' reports

CM.115/22 Council Plan Quarterly Performance Report - 2022-2023 - Quarter 1

Distribution: Public

Manager: Jeremy Livingston, Executive Manager Business Transformation and Performance

Author: James Hartigan, Business Performance Analyst

Summary

The purpose of this report is to present the Council Plan Quarterly Performance Report (Attachment 1) for noting.

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

The Council Plan Quarterly Performance Report provides the first update on delivery progress and performance of the 2022-2023 Annual Action Plan actions, which align to delivery of the second year of the Council Plan 2021-2025.

Of the 22 actions in the 2022-2023 Annual Action Plan designated for quarterly reporting, 21 actions are currently ‘on track’, and one action is experiencing minor issues.

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

All 46 actions identified in the Annual Action Plan 2022-2023 will have final updates provided in the corresponding report for the fourth quarter. This will also be published in the Annual Report 2022-2023 when presented to the community later in 2023.

Recommendation

That Council notes and receives the Council Plan Quarterly Performance Report (Attachment 1) for the first quarter of 2022-2023.

Attachments

1.	Council Plan Quarterly Performance Report - 2022-2023 - Quarter 1

Discussion

1. The Council Plan 2021-2025 was developed throughout 2021 and adopted by Council in October 2021. The Council Plan 2021-2025 has four high-level strategic themes:

· Community and Connection – to encourage inclusion and participation to support health and wellbeing and ensure that all our residents have equitable access to services, programs, events and initiatives.

· Place and Space – to protect, enhance, maintain, plan and design places and spaces that strengthen identity, reinforce character, improve accessibility, encourage social connection and enjoyment, support biodiversity and respect the environment.

· Sustainable and Resilient – to manage and adapt to changing circumstances that affect our community to ensure it remains sustainable and resilient, both now and into the future.

· Responsible and Accountable – to facilitate the best possible outcomes for our community, by demonstrating strong leadership and working actively to achieve the community’s objectives.

2. The Annual Action Plan 2022-2023, adopted by Council in May 2022, contains 46 actions contributing to delivery of the Council Plan within the corresponding financial year. Of those 46 actions, 22 are identified for quarterly reporting, while the remainder of the actions will be subject to an update in the corresponding report in the final quarter of this financial year.

3. Of the 22 actions that are identified for quarterly reporting, 21 actions are currently ‘on track’ and one action is experiencing minor issues.

4. Some of the highlights of activities and deliverables achieved during the reporting period (July to September 2022) included:

a) Appointment of an Aboriginal Partnerships Officer to drive development of the Nillumbik Reconciliation Action Plan;

b) Completion of year 2 actions of Council’s Health and Wellbeing Plan;

c) Completion of year 1 actions of Council’s Youth Strategy implementation plan;

d) Development of a Municipal Planning Strategy continued, with community consultation (phase 3) occurring over a 6-week period where 100 submissions were received;

e) Council adopted the Arts and Culture Strategy 2022-2026;

f) Development of a Neighbourhood Character Strategy continued, with the phase 2 community engagement period commencing;

g) Exhibition of the draft Diamond Creek Community Facilities Masterplan to the community occurred;

h) Endorsement of the 2022-2023 implementation plan for the Climate Action Plan;

i) Completion of Council’s Annual Business Survey, with 206 responses received;

j) Promotion of Council’s Advocacy Priorities 2022 ahead of the Victorian State election; and

k) Development of the next iteration of Council’s Customer First Strategy commenced.

5. The overall position as reflected in the report suggests that Council continues to make solid progress in delivering on the key actions supporting the Council Plan.

6. Reporting updates will continue to be received by Council on a quarterly basis that demonstrates in a practicable and tangible way how the Council Plan 2021-2025 is being delivered to the community.

Related Council decisions

7. In concert with the adoption of the 2022-2023 Council Budget, the Annual Action Plan 2022-2023 was adopted at the May 2022 Council Meeting.

Council plans and policies

8. This report directly supports the achievement of Council Plan 2021-2025 strategy:

· We maintain good governance and transparency; clearly defining and communicating the role of Councillors and Council.

Sustainability implications

9. One of the four themes of the Council Plan includes sustainability, identifying it as a key focus area for Council across the duration of this Council Plan.

Community engagement

10. Through the Our People, Our Place, Our Future community engagement program that occurred in February and March 2021, feedback was received which helped inform the development of the Council Plan 2021-2025. The Council Plan was also developed and refined through a series of workshops with Councillors following the general election in November 2020.

11. The Council Plan was subject to a four-week public consultation process across July and August 2021, with refinements made following the receipt of submissions. The Council Plan was subsequently adopted by Council in October 2021.

12. The Annual Action Plan 2022-2023, reflecting the second year of delivery of the four‑year Council Plan, was also adopted at the May 2022 Council Meeting.

Innovation and continuous improvement

13. Not applicable.

Collaboration

14. Not applicable.

Budget implications

15. This report is part of Council’s monitoring of the Council Plan 2021-2025. The resources for the monitoring and the preparation of this report are accommodated within existing operational budgets.

Relevant law

16. Not applicable.

Regional, state and national plans and policies

17. Not applicable.

Conflicts of interest

18. Officers who have been involved in the preparation of this report declare that they do not have a conflict of interest in the subject matter of this report.

Council Meeting Agenda 22 November 2022

12. Officers' reports

CM.116/22 Reconciliation of Special Charge Schemes

Distribution: Public

Manager: Hjalmar Philipp, Director Operations and Infrastructure

Author: Patrick Wood, Design Coordinator

Lawrence Seyers, Lead Transport Planner

Summary

The Local Government Act 1989 enables council to levy a special charge to help pay for any council service or activity that will be of special benefit to a particular group of property owners. A “special benefit” is a benefit that is additional to, or greater than, the benefit generally available to other people. Common examples of special charges include schemes for constructing footpaths, roads, kerbs and channels or drains.

The special charge schemes outlined in this report have been completed and the final costs have been calculated. At this stage, property owners have been invoiced for the estimated cost, which was the amount at the time of declaration by Council. Property owners who elected to pay the full cost of the scheme up-front have paid the total estimated cost and for those who chose to pay by instalments, the instalments that have been invoiced to date were calculated on the estimated amount.

Council may now vary these schemes under Section 166 of the Local Government Act 1989, so property owners pay the actual cost. The amount of the refund or additional charge to each property will be proportionate with the original contribution.

Property owners in the Rodger Road Special Charge Scheme will receive an average refund of $1,079.

Property owners in the Fordhams Road Special Charge Scheme will receive an average refund of $1,159.

The affected properties are shown in Attachments 1 and 2.

Recommendation

That Council:

1. Varies the following special charge schemes under section 166 of the Local Government Act 1989, in line with the revised liabilities set out for each scheme shown in Attachment 4 (Rodger Road Special Charge Scheme) and Attachment 5 (Fordhams Road Special Charge Scheme).

2. Requests officers to advise property owners in each scheme of the applicable variation and provide a refund for the required amount.

Attachments

1.	Rodger Road Special Charge Scheme - Scheme Area
2 .	Fordhams Road Special Charge Scheme - Scheme Area
3 .	Declaration costs and actual costs
4 .	Rodger Road Special Charge Scheme - Apportionment
5 .	Fordhams Road Special Charge Scheme - Apportionment

Discussion

1. When a Special Charge Scheme is declared, the liability of each property is calculated based on the estimated cost of the scheme. When construction commences for a scheme, property owners are sent an invoice for the amount that was apportioned to their property at the time of declaration. This is the amount that Council had resolved to charge property owners, which cannot be changed without a further Council resolution.

2. Under Section 165 of the Local Government Act 1989 (the Act), Council must not receive excess money for a special charge scheme. If a scheme is completed for less than the estimated cost, Council must refund the balance proportionate to the original contributions received by Council. The refund would be made to the current owners of the relevant land.

3. Furthermore, under Section 166 of the Act, Council may resolve to vary the scheme in relation to the amount to be paid, the persons on whom it is levied, or the land to which it applies. Therefore, Council may resolve to vary a scheme under this section in order to adjust the amount of the charge to match the actual cost. This can mean a refund or an additional charge, which in either case would be proportionate to the original contributions. This refund or additional charge is receivable or payable by the current land owner.

4. When a sprayed seal surface is used (as it was for both Rodger Road and Fordhams Road), a final seal is required approximately twelve months after the initial seal. The final seal is a standard component of the cost of providing a sprayed seal surface. The cost, therefore, is included as part of the scheme, rather than as a maintenance cost that would be funded by Council. Schemes that involve a final seal, therefore, experience a delay between when the main construction work is completed and the time when the final cost can be calculated.

5. The affected properties are shown on Attachment 1 and Attachment 2.

6. The table in Attachment 3 shows when each scheme reached the stage of practical completion.

7. The table also shows the estimated amount for each scheme at the time of declaration and the actual cost of each scheme that is attributable to property owners, as well as the cost difference and percentage difference.

8. Due to the inherent variations in the tendering process, variations in the order of 10 per cent are to be expected.

9. The costs for the Rodger Road Special Charge Scheme is 4.32 per cent below the declared costs for this scheme and residents in this scheme will receive a refund as shown in Attachment 4.

10. The costs for the Fordhams Road Special Charge Scheme is 6.70 per cent below the declared costs for this scheme and residents in this scheme will receive a refund as shown in Attachment 5.

Related Council decisions

11. Council resolved on 28 August 2018 to declare the Rodger Road Special Charge Scheme (Item OCM.125/18).

12. Council resolved on 31 July 2018 to declare the Fordhams Road Special Charge Scheme (Item OCM.104/18).

Options

13. The refund of the excess funds is a requirement of the Act.

Council plans and policies

14. This report directly supports the achievement of the Council Plan 2021-2025 strategy:

· We continue to exercise sustainable and responsible financial management.

Sustainability implications

15. Environmental management was part of the criteria by which the contractor was selected to complete the road construction for each of these special charge schemes.

16. The sealing of Rodger Road and Fordhams Road, will increase the capacity of these roads to withstand potential heavy precipitation events, an anticipated feature of climate change.

Community engagement

17. Community engagement for the Fordhams Road and Rodger Road special charge schemes was carried out in accordance with Council’s Special Rates and Charges Policy and Procedure.

Innovation and continuous improvement

18. Not applicable.

Collaboration

19. Not applicable.

Budget implications

20. The schemes outlined in this report have been completed and in accordance with previous Council resolutions, property owners have been invoiced for the estimated cost. As the actual costs were less than the estimated cost (refer to Attachment 3), Council is holding money that needs to be refunded.

21. Council paid $56,488 for the Council land at 105 Rodger Road. This amount will reduce to $54,050.

22. Council paid $14,469 for the Council land at 620 Main Road. This amount will reduce to $13,499.

Relevant law

23. The authority of Council to declare a special charge is in accordance with Section 163 of the Act.

24. Section 165 of the Act states that: ‘If a Council receives more money than it requires from the special rate or special charge, it must make a refund which is proportionate to the contributions received by the Council to the current owners of the relevant land’.

25. The authority of Council to vary the amount payable for the special charges is in accordance with section 166 of the Act.

Regional, state and national plans and policies

26. Not applicable.

Conflicts of interest

27. The officers involved in the preparation of this report do not have a conflict of interest in the subject matter of this report.

Council Meeting Agenda 22 November 2022

12. Officers' reports

CM.117/22 Informal Meetings of Councillors Records - 22 November 2022

Distribution: Public

Manager: Blaga Naumoski, Director Governance and Communications

Author: Katia Croce, Governance Lead

Summary

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

This report lists Informal Meetings of Councillors Records submitted since the matter was last reported to Council on 23 August 2022.

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

1. Health and Wellbeing Advisory Committee meeting held 12 October 2022;

2. Councillor Briefing meeting held 18 October 2022;

3. Environment & Sustainability Advisory Committee meeting held 19 October 2022;

4. Panton Hill bushland Reserve System User Group – Advisory Committee meeting held 20 October 2022;

5. Inclusion and Access Advisory Committee meeting held 21 October 2022;

6. Council Meeting Pre-Meet held 25 October 2022; and

7. Councillor Briefing meeting held 2 November 2022.

Recommendation

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

Attachments

1.	Informal Meeting of Councillors Record - 22 November 2022

Discussion

1. Item 19 of Council’s Governance Rule – Meeting Procedure, requires records of Informal Meetings of Councillors be reported to a Council Meeting and recorded in the minutes of that meeting.

Related Council decisions

2. Not applicable.

Options

3. An Informal Meetings of Councillors is defined in Item 19 of the Governance Rule – Meeting Procedure. It is a meeting at which matters are considered that are intended or likely to be the subject of a Council decision or the exercise of delegated authority and which is either of the following:

· Planned or scheduled meeting that includes at least half the Councillors and at least one Council officer. These meetings do not include meetings of Councillors and Council staff that are not planned or scheduled.

· Meeting of an Advisory Committee where at least one Councillor is present. An Advisory Committee is any committee established by the Council, other than a special committee, that provides advice to the Council or to a special committee or to a member of Council staff who has been delegated a power or duty or function of the Council.

4. A record must be kept of any Informal Meeting of Councillors and include the names of all Councillors and Council staff attending, the matters considered, disclosures of conflict of interest and whether a Councillor left the meeting after making a disclosure.

5. In accordance with Item 19 of the Governance Rule – Meeting Procedure, Council is required to report as soon as practicable to a Council Meeting, a record of any Informal Meetings of Councillors held.

6. The recommendation contains the list of Informal Meetings of Councillors records submitted since the matter was last reported to Council at the last Council Meeting.

Conclusion

7. It is recommended that Council receives the records of recent records of Informal Meetings of Councillors as contained in this report, fulfilling Item 19 of the Governance Rule – Meeting Procedure.

Council plans and policies

8. This report directly supports the achievement of the Council Plan 2021-2025 strategy:

· We maintain good governance and transparency; clearly defining and communicating the role of Councillors and Council.

Sustainability implications

9. None required.

Community engagement

10. Not applicable.

Innovation and continuous improvement

11. Not applicable.

Collaboration

12. None required.

Budget implications

13. This is a routine reporting item, the resources for which are contained in Council’s current operating budget.

Relevant law

14. Local Government Act 2020.

Regional, state and national plans and policies

15. None applicable.

Conflicts of interest

16. All officers involved in the preparation of this report have made a declaration that they do not have a conflict of interest in the subject matter of this report.

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Cr Natalie Duffy Edendale Ward				Cr Peter Perkins Ellis Ward
Cr Karen Egan Bunjil Ward				Cr Ben Ramcharan (Deputy Mayor) Sugarloaf Ward
Cr Richard Stockman Blue Lake Ward				Cr Geoff Paine Wingrove Ward
Katia Croce Governance Lead	Blaga Naumoski Director Governance and Communications	Cr Frances Eyre (Mayor) Swipers Gully Ward	Carl Cowie Chief Executive Officer