MOVED:           Cr Naomi Joiner

SECONDED:    Cr Kim Cope

That Council confirms the Minutes of the Council Meeting held on Tuesday 29 April 2025 (Attachment 1).

CARRIED UNANIMOUSLY 

MOVED:           Cr Kelly Joy

SECONDED:    Cr Kate McKay

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

CARRIED UNANIMOUSLY 

MOVED:           Cr Grant Brooker

SECONDED:    Cr Kim Cope

That Council:

1.     Notes that thirteen written submissions in relation to the Draft Budget 2025-2026 were received, and that these submissions were considered and submitters were provided with the opportunity to be heard by the Planning and Consultation Committee on 13 May 2025.

2.     Considers the matters contained in the submissions and the Committee’s report during finalisation of the Budget 2025-2026.

CARRIED UNANIMOUSLY 

MOVED:           Cr Grant Brooker

SECONDED:    Cr Peter Perkins  

That Council having made publicly available the draft Annual Budget 2025-2026 and having considered all submissions received in respect of such Budget resolves:

1.          To adopt as presented the 2025-2026 Budget (Attachment 1).

2.      The amount of rates and charges intended to be raised is:

a)     An amount of $82,467,929 million (or such greater amount as is lawfully levied as a consequence of this recommendation being adopted) be declared as the amount which Council intends to raise by general rates and annual service charge (described later in this recommendation). The amount declared is calculated as follows:

General Rates                   $66,810,649

Annual Service Charge      $15,657,280

General Rates

3.      That general rates be declared in respect of the 2025-2026 Financial Year.

4.      That it be further declared that the general rates be raised by the application of differential rates.

5.      That a differential rate be respectively declared for rateable land having the respective characteristics specified below, which characteristics will form the criteria for each differential rate so declared.

I.      Farm Land

Any land which is ‘farm land’ within the meaning of section 2(1) of the Valuation of Land Act 1960.

II.     Commercial/Industrial Land

Any land which is used or adapted to be used primarily for commercial or industrial purposes.

III.    Vacant Land – General Residential / Activity Centre Zone / Neighbourhood Residential Zone and Specified Low Density Residential Zones.

Any land located in a General Residential / Activity Centre Zone / Neighbourhood Residential Zone, or in the Low Density Residential Zone (LDRZ) to which DPO4 applies, on which no habitable dwelling is erected.

IV.    Other Land

Any land which is not:

-       Farm Land

-       Commercial/Industrial Land or

-       Vacant Land – General Residential / Activity Centre Zone / Neighbourhood Residential Zone and Specified Low Density Residential Zones.

6.      That the quantum of rates payable in respect of each rateable land will be determined by multiplying the Capital Improved Value of such land (categorised by the characteristics described in point 6 above) by the relevant rates indicated in the following table:

7.      That it be recorded that Council considers that each differential rate will contribute to the equitable and efficient carrying out of Council functions, and that the:

I.    respective objectives, uses and levels of each differential rate be those specified in section 4.1.1 of the Budget document (Attachment 1).

II.   respective types or classes of land which are subject to each differential rate be those defined in part 7. above.

8.      That it be confirmed that no amount is fixed as the minimum amount payable by way of general rate in respect of each rateable land within the municipal district.

9.      That in accordance with section 4(4) of the Cultural and Recreational Lands Act 1963, the amount of rates payable in respect of each of the rateable lands to which that Act applies be determined by multiplying the Capital Improved Value of that rateable land by 0.000930 (or 0.0930 cents in the dollar of Capital Improved Value).

Annual Service Charge

10.    That an annual service charge be declared in respect of the 2025-2026 Financial Year for the purpose of waste management functions.

11.    That except in the case of elderly persons units, the amount of the annual service charge so declared is dependent upon the option chosen by the owner of the land.

12.   That the options of the annual service charge are:

Option 1: $679.87 per service in respect of the following three bins:

·        120 litre green waste bin

·        240 litre recycling bin

·        120 litre landfill bin.

Option 2: $543.90 per service in respect of the following three bins:

·        120 litre green waste bin

·       240 litre recycling bin

·       80 litre landfill bin.

Option 3: $951.82 per service in respect of the following four bins:

·        120 litre green waste bin

·       240 litre recycling bin

·       2 x 120 litre landfill bins.

Option 4: $747.86 per service in respect of the following three bins:

·        120 litre green waste bin

·       240 litre recycling bin

·       140 litre landfill bin.

Option 5: $1,223.77 per service in respect of the following three bins:

·        120 litre green waste bin

·        240 litre recycling bin

·        120 litre landfill bin – weekly collection.

13.    That the amount of the annual service charge so declared in respect of elderly persons units, being units occupied by elderly persons or persons with a disability where the applicable form of declaration has been received by Council, is $169.97.

14.    That for each rateable land or non-rateable land in respect of which an annual service charge may be levied, the annual service charge will apply irrespective of whether the owner or occupier of the land avails himself, herself or itself of the service.

15.    That the annual service charge is not declared in respect of, and is not be levied on, any land on which no habitable dwelling is erected.

Rebates – Sustainable Agricultural Land

16.   That it be recorded that subject to point 6 of this recommendation, Council may grant a rebate to each owner (or, where applicable, occupier) of land which:

i)      is not less than 30 hectares in area.

ii)      is otherwise ‘farm land’ under section 2(1) of the Valuation of Land Act 1960.

17.   That the rebate be granted to:

i)      assist the proper development of the municipal district.

ii)      preserve places within the municipal district which are of environmental interest.

iii)     restore or maintain places of environmental importance within the municipal district.

iv)     more generally achieve the objectives outlined in the Sustainable Agricultural Rebate (SAR) Guidelines.

18.   That the grant of the rebate be:

i)      subject to the criteria detailed in the SAR Guidelines.

ii)      set at a level based on the following two components:

·        Component A - a single fixed amount of $100 per eligible property (or per single aggregate of ‘continuous’ properties, as defined in section 13 DC (6) of the Valuation of Land Act 1960).

·        Component B - $15 per hectare of ‘productive agricultural land’ across each eligible property. The area of productive agricultural land is calculated for each property by subtracting the apparent area of bushland and domestic use from the total property area. Landowners will be given a single opportunity to challenge this area calculation, after which that figure will be set and documented within the relevant Property Management Plan. Any future change in bushland area will not change the set figure for productive agricultural land.

iii)     subject to development of an approved Property Management Plan (PMP) for each eligible property. The development of a PMP will replace the need for an annual SAR application form, yet each Plan must satisfy the following conditions:

·        PMP Condition A - The PMP must be submitted for approval to the Environment Department of Council. The approval date for each ratified PMP will be noted and a copy of the document will be retained for Council records.

·        PMP Condition B - A separate PMP will be required for each property or aggregate of properties where the owner receives the $100 fixed payment component of the SAR.

·        PMP Condition C - Landowners who have previously received the SAR must return their PMP by the date indicated in correspondence that has been sent to the recipient (further detail regarding this point can be obtained from the Sustainability and Environment Unit of Council).

·        PMP Condition D - All SAR applicants who have not previously received the SAR will require an approved PMP prior to being eligible for the rebate.

·        PMP Condition E - All PMPs will need to be revised by the owner and submitted for re-approval every four years (approximately). Council’s Environment Team will notify landholders when PMP revision is required and will allow ample time and assistance to facilitate this process. The approval date for the revised ratified PMP will be noted and a copy of the document will be retained for Council records.

Payment

19.   That in accordance with section 167 of the Local Government Act 1989, Council determines that rates and charges may be paid by four equal quarterly instalments due on:

30 September 2025

30 November 2025

28 February 2026

31 May 2026

Consequential further actions

20.   That the Manager Finance, Assets and Procurement be authorised to levy and recover the general rates and annual service charge in accordance with the Local Government Act 1989 and the Local Government Act 2020.

21.   That pursuant to section 172(1) of the Local Government Act 1989, Council records that it will require the payment of interest on any amounts of rates and charges which have not been paid by the date specified under section 167 of the said Act for their payment.

22.    To authorise the Manager Finance, Assets and Procurement to write to all those who have made a submission on the 2025-2026 Budget, thanking them for their input and advising them of Council’s decision and reasons for the decision.

CARRIED  

MOVED:           Cr Kate McKay

SECONDED:    Cr Grant Brooker

That Council notes the results and findings from the 2025 Annual Community Survey.

CARRIED UNANIMOUSLY 

MOVED:           Cr Grant Brooker

SECONDED:    Cr Naomi Joiner

That Council:

1.     Notes that no submissions were received in response to Council’s public notice and community engagement process, which was undertaken in accordance with section 114 of the Local Government Act 2020 (the Act), regarding the proposed sale of the land known as 311A Yan Yean Road, Plenty, being the land contained in Certificate of Title Volume 11371 Folio 358 and shown as Reserve 1 on Plan of Subdivision PS416599M on the plan in Attachment 1 (Reserve).

2.     Resolves to proceed with the sale of the Reserve by private treaty to the adjoining landowner of 311 Yan Yean Road, Plenty (Adjoining Owner) for the current market value of $10,000 plus GST.

The proposed sale of the Reserve will be conditional on:

a)     Council removing the reserve status from the land under section 24A of the Subdivision Act 1988;

b)     the Adjoining Owner:

i)      consolidating the Reserve with the balance of the land at 311 Yan Yean Road, Plenty; and

ii)      constructing a new fence on the boundary of the Reserve and the adjoining road reserve, within 6 months after the Settlement Date; and

c)     the Adjoining Owner paying all of Council’s costs incurred in connection with the removal of the reserve status of the Reserve and the sale of land.

3.     Authorises the Chief Executive Officer to sign on behalf of Council, the Contract of Sale, transfer of land documents, and other documents relating to the sale of land.

CARRIED UNANIMOUSLY 

MOVED:           Cr Naomi Joiner

SECONDED:    Cr Peter Perkins

That Council:

1.       Resolves to commence the statutory procedures in accordance with section 115 of the Local Government Act 2020 (the Act), to undertake a community engagement process in accordance with the Council's community engagement policy as outlined in Attachment 2 in respect to the proposal to enter into a lease with Indara Corporation Pty Ltd for part of the land at 570-576 Main Road, Eltham known as Eltham Lower Park shown on the Plan in Attachment 1, on the following terms and conditions:

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

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

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

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

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

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

2.     Considers any submissions on the proposed lease at a future Planning and Consultation Committee Meeting following the conclusion of the community engagement period and prior to making any final decision on whether to proceed with the lease of land to Indara Corporation Pty Ltd.

CARRIED UNANIMOUSLY 

MOVED:           Cr Grant Brooker

SECONDED:    Cr Kim Cope

That Council receives and notes the Council Plan Quarterly Performance Report for the third quarter of 2024-2025.

CARRIED UNANIMOUSLY 

MOVED:           Cr Kelly Joy

SECONDED:    Cr Peter Perkins

That Council endorses Challenger Street Reserve as the new site selection for the BMX dirt jumps and Community Recreation Park project. 

CARRIED UNANIMOUSLY 

MOVED:           Cr Naomi Joiner

SECONDED:    Cr Kim Cope

That Council:

1.     As part of the public consultation process required under Section 7 of the Naming Rules for Places in Victoria – 2022 (Naming Rules) and Council’s Community Engagement Policy, notes that 31 out of the 32 submissions received and reviewed supported the proposed renaming of a section of Duffs Road in Panton Hill to Welton View, as depicted in the plans in Attachment 1 and 2.

2.     Considers the submissions in Attachment 3 and 4 and notes that all submitters were provided with the opportunity to be heard by the Planning and Consultation Committee on 13 May 2025.

3.     Resolves to submit the road renaming for the section of Duffs Road to Welton View (shown in Attachment 1 and 2) to the Registrar of Geographic Names Victoria for consideration and inclusion in VICNAMES register.

4.     Advises all submitters and all relevant parties of the outcome on the road renaming proposal for the section of Duffs Road, Panton Hill.

5.     Resolves the confidential un-redacted copy of the written submissions to the naming proposal (Attachment 4) remain confidential on the grounds specified in the definition of confidential information in section 3(1)(f) of the Local Government Act 2020.

CARRIED UNANIMOUSLY 

That Council:

1.     Endorses the 14 applicants listed (Attachment 1) onto the Nillumbik Youth Council  Advisory Committee:

(a)    Applicant 1 _____________ for their role as a Youth Council Advisory Committee Member

(b)    Applicant 2 _____________ for their role as a Youth Council Advisory Committee Member

(c)    Applicant 3 _____________ for their role as a Youth Council Advisory Committee Member 

(d)    Applicant 4 _____________ for their role as a Youth Council Advisory Committee Member

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

(f)     Applicant 6 _____________ for their role as a Youth Council Advisory Committee Member

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

(h)    Applicant 8_____________ for their role as a Youth Council Advisory Committee Member

(i)     Applicant 9_____________ for their role as a Youth Council Advisory Committee Member

(j)     Applicant 10_____________ for their role as a Youth Council Advisory Committee Member

(k)    Applicant 11_____________ for their role as a Youth Council Advisory Committee Member

(l)     Applicant 12_____________ for their role as a Youth Council Advisory Committee Member

(m)   Applicant 13_____________ for their role as a Youth Council Advisory Committee Member

(n)    Applicant 14_____________ for their role as a Youth Council Advisory Committee Member

2.     Acknowledges and thanks all community members who submitted applications to the Youth Council Advisory Committee.

3.     Resolves that the Assessment Outcome (Attachment 1) are to remain confidential on the grounds specified in the definition of confidential information in section 3(1)(f) of the Local Government Act 2020.

MOVED:           Cr Kate McKay

SECONDED:    Cr Naomi Joiner

That Council:

1.     Endorses the 14 applicants listed (Attachment 1) onto the Nillumbik Youth Council  Advisory Committee:

(a)    Applicant 1 Aashini Rastogi for their role as a Youth Council Advisory Committee Member

(b)    Applicant 2 Alexandra Laidlaw for their role as a Youth Council Advisory Committee Member

(c)    Applicant 3 Ang Gartland for their role as a Youth Council Advisory Committee Member 

(d)    Applicant 4 Anushka Gupta for their role as a Youth Council Advisory Committee Member

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

(f)     Applicant 6 Gianna Andreoli for their role as a Youth Council Advisory Committee Member

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

(h)    Applicant 8 Kris van der Kamp for their role as a Youth Council Advisory Committee Member

(i)     Applicant 9 Lucas Fox for their role as a Youth Council Advisory Committee Member

(j)     Applicant 10 Rose Jarvis for their role as a Youth Council Advisory Committee Member

(k)    Applicant 11 Samuel Lochner for their role as a Youth Council Advisory Committee Member

(l)     Applicant 12 Sonya Radchenko for their role as a Youth Council Advisory Committee Member

(m)   Applicant 13 Soren Kean for their role as a Youth Council Advisory Committee Member

(n)    Applicant 14 Tahlia Edmonds for their role as a Youth Council Advisory Committee Member

2.     Acknowledges and thanks all community members who submitted applications to the Youth Council Advisory Committee.

3.     Resolves that the Assessment Outcome (Attachment 1) are to remain confidential on the grounds specified in the definition of confidential information in section 3(1)(f) of the Local Government Act 2020.

CARRIED UNANIMOUSLY 

That Council:

1.     Endorse the 14 recommended applicants listed for appointment to the 2025-2027 PAAC (Attachment 2) as a PAAC member:

a)     Applicant 1

b)     Applicant 2

c)     Applicant 3

d)     Applicant 4

e)     Applicant 5

f)      Applicant 6

g)     Applicant 7

h)     Applicant 8

i)      Applicant 9

j)      Applicant 10

k)     Applicant 11

l)      Applicant 12

m)    Applicant 13 and

n)     Applicant 14

2.     Acknowledges and thanks all community members and service providers who submitted an expression of interest to the PAAC.

3.     Resolves that the panel recommendation and scoring (Attachment 2) remain confidential on the grounds specified in the definition of confidential information in section 3(1)(f) of the Local Government Act 2020.

4.     Resolves that the successful applicants be named.

MOVED:           Cr Peter Perkins

SECONDED:    Cr Grant Brooker

That Council:

1.     Endorse the 14 recommended applicants listed for appointment to the 2025-2027 PAAC (Attachment 2) as a PAAC member:

a)     Applicant 1 - Alexander Price - Yarra Plenty Regional Library

b)     Applicant 2 - Tamsyn Guerrera - Holstep Health

c)     Applicant 3 - Natalie Francis - HealthAbility

d)     Applicant 4 - Tanya Cottrell - St Vincents Healthy Ageing

e)     Applicant 5 - Ann Hutchinson

f)      Applicant 6 - Tom Fischer

g)     Applicant 7 - Kathleen Puls

h)     Applicant 8 - Steve Jenkinson

i)      Applicant 9 - Marlwood Ryder

j)      Applicant 10 - Julie Cassim

k)     Applicant 11 - Marcel Saxone

l)      Applicant 12 - Sophie Broughton

m)    Applicant 13 - Stella Huet and

n)     Applicant 14 - Jacqui Sweeney

2.     Acknowledges and thanks all community members and service providers who submitted an expression of interest to the PAAC.

3.     Resolves that the panel recommendation and scoring (Attachment 2) remain confidential on the grounds specified in the definition of confidential information in section 3(1)(f) of the Local Government Act 2020.

4.     Resolves that the successful applicants be named.

CARRIED UNANIMOUSLY 

That Council:

1.     Endorses the fourteen recommended applicants listed for appointment to the 2025-2027 Inclusion and Access Advisory Committee (Attachment 2) as an Inclusion and Access Advisory Committee member:

·    Nine community members:

a)     Applicant 1

b)     Applicant 2

c)     Applicant 5

d)     Applicant 6

e)     Applicant 7

f)      Applicant 8

g)     Applicant 10

h)     Applicant 11

i)      Applicant 12

·        Four disability organisation representatives:

j)      Applicant 1

k)     Applicant 2

l)      Applicant 3

m)    Applicant 4

·        One community group:

n)     Applicant 1

2.     Notes:

·        Applicants 14, 15 and 16 have served two Committee terms and are ineligible        for a further term on this occasion.

·        Applicant 4 has withdrawn their application.

·        Applicants 3, 9 and 13 ranked 15th 16th and 17th and are therefore unsuccessful on this occasion.

3.     Acknowledges and thanks all who submitted expressions of interest to the Inclusion and Access Advisory Committee.

4.     Resolves that the Panel Recommendations and Scoring (Attachment 2) to remain confidential on the grounds specified in the definition of confidential information in section 3(1)(f) of the Local Government Act 2020.

5.     Resolves that the successful applicants be named.

MOVED:           Cr Peter Perkins

SECONDED:    Cr Grant Brooker

That Council:

1.     Endorses the fourteen recommended applicants listed for appointment to the 2025-2027 Inclusion and Access Advisory Committee (Attachment 2) as an Inclusion and Access Advisory Committee member:

·    Nine community members:

a)     Applicant 1 - Michelle Molinaro

b)     Applicant 2 - Linda Kelly

c)     Applicant 5 - Jade McAlear

d)     Applicant 6 - Gina Lloyd-Thomas

e)     Applicant 7 - Sylvana Scibilia

f)      Applicant 8 - Naomi Bishop

g)     Applicant 10 - Richard Kottek

h)     Applicant 11 - Jennifer Johnsen

i)      Applicant 12 - Kirsten Bate

·        Four disability organisation representatives:

j)      Applicant 1 - St John of God Accord (Courtney Walsh)

k)     Applicant 2 - Araluen (Brandi Rutherford)

l)      Applicant 3 - Yarra Plenty Regional Library (Chantel Blitenthall)

m)    Applicant 4 - Brotherhood of St Laurence (Aaron Williams)

·        One community group:

n)     Applicant 1 - Different Journeys (Seane Cumming/Mel Spencer)

2.     Notes:

·        Applicants 14, 15 and 16 have served two Committee terms and are ineligible        for a further term on this occasion.

·        Applicant 4 has withdrawn their application.

·        Applicants 3, 9 and 13 ranked 15th 16th and 17th and are therefore unsuccessful on this occasion.

3.     Acknowledges and thanks all who submitted expressions of interest to the Inclusion and Access Advisory Committee.

4.     Resolves that the Panel Recommendations and Scoring (Attachment 2) to remain confidential on the grounds specified in the definition of confidential information in section 3(1)(f) of the Local Government Act 2020.

5.     Resolves that the successful applicants be named.

CARRIED UNANIMOUSLY 

That Council:

1.     Endorses the nine recommended applicants listed for appointment to the 2025-2027 RTAC as detailed in the EOI evaluation (Attachment 1):

a)     Applicant 1

b)     Applicant 2

c)     Applicant 3

d)     Applicant 4

e)     Applicant 5

f)      Applicant 6

g)     Applicant 7

h)     Applicant 8

i)      Applicant 9

2.     Acknowledges and thanks all community members who submitted an expression of interest to join the RTAC.

3.     Resolves that the panel recommendation and scoring (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.

4.     Resolves that the successful applicants be named.

MOVED:           Cr Naomi Joiner

SECONDED:    Cr Peter Perkins

That Council:

1.     Endorses the eleven recommended applicants listed for appointment to the 2025-2027 RTAC as detailed in the EOI evaluation (Attachment 1):

a)     Applicant 1

b)     Applicant 2

c)     Applicant 3

d)     Applicant 4

e)     Applicant 5

f)      Applicant 6

g)     Applicant 7

h)     Applicant 8

i)      Applicant 9

j)      Applicant 10

k)     Applicant 11

2.     Acknowledges and thanks all community members who submitted an expression of interest to join the RTAC.

3.     Resolves that the panel recommendation and scoring (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.

4.     Resolves that the successful applicants be named.

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

MOVED:           Cr Naomi Joiner

SECONDED:    Cr Peter Perkins

That Council:

1.     Endorses the eleven recommended applicants listed for appointment to the 2025-2027 RTAC as detailed in the EOI evaluation (Attachment 1):

a)     Applicant 1 - Andrew Chau

b)     Applicant 2 - Cathy Giles

c)     Applicant 3 - Andrew Bakos

d)     Applicant 4 - Serena Marriott

e)     Applicant 5 - Bill Penrose

f)      Applicant 6 - Mark Hood

g)     Applicant 7 - Andrew McMahon

h)     Applicant 8 - Louise Barry

i)      Applicant 9 - Graham Jackson

j)      Applicant 10 - Daryl Snowdon

k)     Applicant 11 - Julie Seamer

2.     Acknowledges and thanks all community members who submitted an expression of interest to join the RTAC.

3.     Resolves that the panel recommendation and scoring (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.

4.     Resolves that the successful applicants be named.

CARRIED  

MOVED:           Cr Kim Cope

SECONDED:    Cr Kate McKay

That Council:

1.     Endorses the Terms of Reference 2025-2027 (Attachment 1).

2.     Approves the commencement of the expression of interest process from 30 May to 20 June 2025.

CARRIED UNANIMOUSLY 

That Council:

1.     Accepts the tender submitted by the preferred tenderer as per the schedule of rates disclosed in (Attachment 1) and enter into the following contract:

Number:        2425-002

Title:              Bulk Fuels and Fuel Cards via Procurement Australia  

                      Agency Arrangement.

Term:            1 April 2025 to 31 March 2027

Options:        Term extensions up to 31 March 2029

2.     Authorises the Chief Operating Officer to finalise and execute the contract documentation.

3.     Authorises the Chief Operating Officer to approve contract term extensions.

4.     Authorises the Chief Operating Officer to approve changes to operational requirements throughout the term of the contract.

5.     Advises Procurement Australia of Councils decision.

6.     Makes public the decision regarding this contract but Attachment 1 - Preferred Tenderer Information and Attachment 2 – 2703-0110 Bulk Fuels & Fuel Cards (Member Report prepared by Procurement Australia) remain confidential on the grounds specified in the definition of confidential information in section 3(1)(g) of the Local Government Act 2020.

7.     Resolves that the preferred tenderer be named.

MOVED:           Cr Grant Brooker

SECONDED:    Cr Kim Cope

That Council:

1.     Accepts the tender submitted by the preferred tenderer Ampol Australia Petroleum Pty Ltd  as per the schedule of rates disclosed in (Attachment 1) and enter into the following contract:

Number:        2425-002

Title:              Bulk Fuels and Fuel Cards via Procurement Australia  

                      Agency Arrangement.

Term:            1 April 2025 to 31 March 2027

Options:        Term extensions up to 31 March 2029

2.     Authorises the Chief Operating Officer to finalise and execute the contract documentation.

3.     Authorises the Chief Operating Officer to approve contract term extensions.

4.     Authorises the Chief Operating Officer to approve changes to operational requirements throughout the term of the contract.

5.     Advises Procurement Australia of Councils decision.

6.     Makes public the decision regarding this contract but Attachment 1 - Preferred Tenderer Information and Attachment 2 – 2703-0110 Bulk Fuels & Fuel Cards (Member Report prepared by Procurement Australia) remain confidential on the grounds specified in the definition of confidential information in section 3(1)(g) of the Local Government Act 2020.

    7.    Resolves that the preferred tenderer be named.

CARRIED UNANIMOUSLY 

That Council:

1.     Accepts the tender submitted by the preferred tenderer for the sum of $[Redacted] plus $[Redacted] for contingency (exclusive of GST) as disclosed in (Attachment 1) and enter into the following contract:

Number:        2425-010

Title:              Eltham North Reserve Car Park Extension - Construction

Term:            29 May 2025 to 28 November 2025

Options:        Nil

2.     Authorises the Chief Operating Officer to finalise and execute the contract documentation.

3.     Authorises the Chief Operating Officer to approve additional cost variations that are a result of unknown latent site conditions or changes to operational requirements throughout the term of the contract with a value of no more than the total approved budget for the project.

4.     Notes that any variations that exceed the agreed approved budget will require a further Council resolution.

5.     Advises all tenderers accordingly.

6.     Makes public the decision regarding this contract but the Tender Evaluation Report 2425-010 (Attachment 1) remain confidential on the grounds specified in the definition of confidential information in section 3(1)(g) of the Local Government Act 2020.

7.     Resolves that the preferred tenderer be named.

MOVED:           Cr Naomi Joiner

SECONDED:    Cr Kim Cope

That Council:

1.     Accepts the tender submitted by the preferred tenderer MJ Construction Group Pty Ltd for the sum of $555,211.00 plus $83,281.65 for contingency (exclusive of GST) as disclosed in (Attachment 1) and enter into the following contract:

Number:        2425-010

Title:              Eltham North Reserve Car Park Extension - Construction

Term:            29 May 2025 to 28 November 2025

Options:        Nil

2.     Authorises the Chief Operating Officer to finalise and execute the contract documentation.

3.     Authorises the Chief Operating Officer to approve additional cost variations that are a result of unknown latent site conditions or changes to operational requirements throughout the term of the contract with a value of no more than the total approved budget for the project.

4.     Notes that any variations that exceed the agreed approved budget will require a further Council resolution.

5.     Advises all tenderers accordingly.

6.     Makes public the decision regarding this contract but the Tender Evaluation Report 2425-010 (Attachment 1) remain confidential on the grounds specified in the definition of confidential information in section 3(1)(g) of the Local Government Act 2020.

   7.     Resolves that the preferred tenderer be named.

CARRIED UNANIMOUSLY 

MOVED:           Cr Kate McKay

SECONDED:    Cr Grant Brooker

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.

CARRIED UNANIMOUSLY 

MOVED:           Cr Kate McKay

SECONDED:    Cr Kim Cope

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.

CARRIED UNANIMOUSLY 

MOVED:           Cr Kate McKay

SECONDED:    Cr Naomi Joiner

That Council, in accordance with Clause 57 of the Governance Rule Meeting Procedure, admit the item of urgent business relating to the Emergency Services and Volunteer Fund Levy.

CARRIED UNANIMOUSLY 

That Council:

1.     Notes the introduction of the Emergency Services Levy (ESVF) by the Victorian Government, which significantly expands the scope and structure of the former Fire Services Property Levy.

2.     Expresses its strong concern about the impact of the ESVF on the local government sector, in particular:

a)     The shift in administrative and financial burden onto councils to act as levy collectors on behalf of the State Government.

b)     The potential for inequitable impacts on rural communities and primary producers within the Shire.

c)     The departure from the original intent of the Fire Services Property Levy, as recommended by the 2009 Victorian Bushfires Royal Commission.

3.     Resolves to write to the Premier of Victoria, the Treasurer, the Minister for Emergency Services and the Minister for Emergency Management to:

a)     Reaffirm Council’s opposition to councils being the collection agent for the State Government under the ESVF.

b)     Call for the State Revenue Office to take responsibility for collecting the Principal Place of Residence (PPR) component of the ESVF.

c)     Request that the Victorian Government fully reimburse councils for the costs associated with the collection, reporting and debt recovery functions of the levy.

d)     Request that the Victorian Government improve transparency and undertake the community engagement directly with communities regarding the ESVF’s implementation and operation.

e)     Request that the structure of the ESVF be reviewed to ensure it is equitable and does not disproportionately burden rural communities or primary producers.

f)      Request that the rationale for broadening the scope of the levy, beyond fire services to fund agencies such as Triple Zero, Victoria State Emergency Services (VICSES), State Control Centre, Forest Fire Management Victoria, and Emergency Recovery Victoria be publicly explained and reconsidered in the context of the Royal Commission’s original intent.

MOVED:           Cr Grant Brooker

SECONDED:    Cr Kate McKay

That Council:

1.          Notes the introduction of the Emergency Services Levy (ESVF) by the Victorian Government, which significantly expands the scope and structure of the former Fire Services Property Levy.

2.     Expresses its strong concern about the impact of the ESVF on the local government sector, in particular:

a)     The shift in administrative and financial burden onto councils to act as levy collectors on behalf of the State Government.

b)     The potential for inequitable impacts on rural communities and primary producers within the Shire.

c)     The departure from the original intent of the Fire Services Property Levy, as recommended by the 2009 Victorian Bushfires Royal Commission.

3.     Resolves to write to the Premier of Victoria, the Treasurer, the Minister for Emergency Services and the Minister for Emergency Management to:

a)     Reaffirm Council’s opposition to councils being the collection agent for the State Government under the ESVF.

b)     Call for the State Revenue Office to take responsibility for collecting the Principal Place of Residence (PPR) component of the ESVF.

c)     Request that the Victorian Government fully reimburse councils for the costs associated with the collection, reporting and debt recovery functions of the levy.

d)     Request that the Victorian Government improve transparency and undertake the community engagement directly with communities regarding the ESVF’s implementation and operation.

e)     Request that the structure of the ESVF be reviewed to ensure it is equitable and does not disproportionately burden rural communities or primary producers.

f)      Request that the rationale for broadening the scope of the levy, beyond fire services to fund agencies such as Triple Zero, Victoria State Emergency Services (VICSES), State Control Centre, Forest Fire Management Victoria, and Emergency Recovery Victoria be publicly explained and reconsidered in the context of the Royal Commission’s original intent.

CARRIED UNANIMOUSLY