Minutes of Council Meeting - Tuesday, 28 October 2025

SECONDED: Cr Kim Cope

That Council:

1. Confirms the Minutes of the Council Meeting (Attachment 1) and Confidential Council Meeting (Attachment 2) held on Tuesday 30 September 2025.

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

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Council Meeting Minutes 28 October 2025

9. Petitions

PT.005/25 Petition for Removal / Replacement of four Trees

A petition containing 23 signatures from residents requests the removal or replacement of four trees located on the nature strip area of 18 Wilson Street, Diamond Creek.

The petition contained the following statement;

“We the undersigned residents of Wilson Street, Diamond Creek respectfully submit this petition to request the removal / replacement of FOUR Council trees located on the nature strip area of 18 Wilson Street, Diamond Creek, VIC, 3089.”

Council Resolution

MOVED: Cr Kelly Joy

SECONDED: Cr Grant Brooker

That Council:

1. Receives and notes the “Petition for Removal / Replacement of four Trees” petition requesting removal of four trees located on the nature strip area of 18 Wilson Street, Diamond Creek, in accordance with the Governance Rule - Meeting Procedure.

2. Refers this petition to the Chief Operating Officer for investigation and response.

3. Notes that officers will advise the petition organiser of the outcome.

PT.006/25 Petition - Support for Local BMX Jumps in Swipers Gully (North) Research

A petition containing 73 signatures from residents requesting Council's support to pause any removal of existing BMX jumps on Council land.

The petition contained the following statement;

“Community Petition — Support for Local BMX Jumps in Swipers Gully (North) Research We, the undersigned residents of Research and surrounding areas, respectfully request that Nillumbik Shire Council:

1. Pause any removal or disturbance of the existing BMX jumps and trails currently used by local children until this matter can be properly considered with the community;

2. Engage directly with local young riders, parents, and residents to explore how these trails could be made safe and sustainable with Council's guidance and environmental expertise; and

3. Authorise and support the continued use and improvement of the existing jumps (or an agreed site nearby) as a recognised community recreation space, with appropriate design and safety measures in place.

These small dirt jumps have become a positive and healthy outlet for local young people — encouraging outdoor play, teamwork, and connection. The children have shown real initiative and pride in their neighbourhood.

Rather than removing what has been created, we believe Council could help formalise and celebrate it as a community credit — a great example of shared responsibility, youth leadership, and active recreation in keeping with the Public Park and Recreation Zone (PPRZ) purpose of the land.

In summary, we are asking Council to work with the community to make this a safe, supported and sustainable recreation space — one that reflects the values of Nillumbik's outdoor, active lifestyle and spirit of local innovation.”

Council Resolution

SECONDED: Cr Naomi Joiner

That Council:

1. Receives and notes the “Support for Local BMX Jumps in Swipers Gully (North) Research” petition requesting Council's support to pause any removal of existing BMX jumps on Council land, in accordance with the Governance Rule - Meeting Procedure.

2. Refers this petition to the Chief Operating Officer for investigation and response.

3. Notes that officers will advise the petition organiser of the outcome.

10. Questions from the gallery

Nil

Council Meeting Minutes 28 October 2025

11. Reports of Advisory Committees

AC.008/25 Advisory Committee Report 28 October 2025

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. Youth Council Minutes meeting held 6 October 2025.

Council Resolution

SECONDED: Cr Kim Cope

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

CM.124/25 September Quarter Financial Report

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Council Meeting Minutes 28 October 2025

12. Officers' reports

Distribution: Public

Manager: Jeremy Livingston, Director Culture and Performance

Author: Bulent Oz, Chief Financial Officer

Summary

This report outlines Council’s financial performance and position for the period ended 30 September 2025.

We are pleased to report a $68.8 million surplus, mainly driven by the rates income recognised in August with the issue of rates notices, which form the main source of income for Council. The surplus will reduce as capital works and services are delivered throughout the year.

This reflects higher than budgeted operating income of $1.14 million, partially offset by slightly higher operating expenses ($0.01 million).

Council’s financial position at quarter-end remains sound and stable, with net assets of $1.096 billion and cash holdings of $30.3 million.

Council Resolution

MOVED: Cr Grant Brooker

SECONDED: Cr Kate McKay

That Council receives and notes the Financial Report for the period ended 30 September 2025 (Attachment 1).

CM.125/25 Annual Report 2024-2025

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Council Meeting Minutes 28 October 2025

12. Officers' reports

Distribution: Public

Manager: Jeremy Livingston, Director Culture and Performance

Author: Craig King, Manager Customer Experience and Business Performance

Summary

This report presents Council’s Annual Report 2024-2025 for noting (Attachment 1).

The report has been prepared in accordance with the Local Government Act 2020 and the Local Government (Planning and Reporting) Regulations 2020.

The Annual Report is Council’s highest level reporting document to our community and stakeholders. While Council has a statutory obligation to produce an Annual Report, it is also an opportunity to demonstrate Council’s service delivery and performance to the community regarding Council activities over the past financial year.

Appropriately, the Annual Report 2024-2025 also reports on progress and delivery of the key strategies and actions for the final year of the Council Plan 2021-2025, and also highlights and achievements across the four-year lifespan of the Council Plan 2021-2025.

The Annual Report includes the Financial and Performance Statements as approved ‘in principle’ by Council at the 30 September 2025 Council Meeting.

Once noted by Council, the Annual Report will be made available on Council’s website.

Council Resolution

SECONDED: Cr Naomi Joiner

That Council:

1. Notes Council’s Annual Report 2024-2025 (Attachment 1).

2. Notes that the Annual Report has been prepared in accordance with section 98 of the Local Government Act 2020 and the Local Government (Planning and Reporting) Regulations 2020.

3. In finalising the Annual Report, authorises the Director, Culture & Performance to make any further minor changes that may be necessary and are inconsequential in nature.

CM.126/25 Nillumbik Festival and Event Triennial Program 2026-2029

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Council Meeting Minutes 28 October 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 (see 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.

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.

Motion

MOVED: Cr Naomi Joiner

SECONDED: Cr Kelly Joy

That Council defers consideration of the Nillumbik Festival and Event Triennial Program 2026-2029 to 9 December 2025 Council Meeting to allow time to review and consider additional information.

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

Council Resolution

SECONDED: Cr Kelly Joy

That Council defers consideration of the Nillumbik Festival and Event Triennial Program 2026-2029 to 9 December 2025 Council Meeting to allow time to review and consider additional information.

CM.127/25 Replacement member for the Economic Development Advisory Committee

Council Meeting Minutes 28 October 2025

12. Officers' reports

Distribution: Public

Manager: Renae Ahern, Acting Director Planning, Environment and Strategy

Author: Tania Treasure, Economic Development &Tourism Lead

Summary

The purpose of this report is to notify Council of the resignation of the Hurstbridge Traders Association representative from the Economic Development Advisory Committee (EDAC) and to seek Council’s approval for the process to appoint a replacement representative.

Council Resolution

MOVED: Cr Grant Brooker

SECONDED: Cr Naomi Joiner

That Council:

1. Acknowledges the current Hurstbridge Traders Association representative has resigned from the Economic Development Advisory Committee (EDAC) and thank the representative for their participation on the Committee.

2. Endorses that the Hurstbridge Traders Association will hold a standing position on Council’s Economic Development Advisory Committee as per the Terms of Reference (Attachment 1).

3. Endorses that the Hurstbridge Traders Association will nominate a representative (and alternate) to fulfil their role on EDAC in writing to the Chairperson of the Economic Development Advisory Committee and Director Planning, Environment and Strategy.

4. Delegates the approval for the appointment of the Hurstbridge Traders Association representative (and alternate) to the Director of Planning, Environment and Strategy.

CM.128/25 Outcome EOI Process Health and Wellbeing Advisory Committee 2025-2027

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Council Meeting Minutes 28 October 2025

12. Officers' reports

Distribution: Public

Manager: Corrienne Nichols, Director Communities

Author: Nichole Johnson, Manager Community Partnerships

Summary

This report seeks endorsement for 12 recommended applicants for appointment to the Nillumbik Health and Wellbeing Advisory Committee for a two-year term (Attachment 1).

The Terms of Reference (Attachment 2) outlines that membership can consist of up to 20 Committee members for a two-year term.

Expressions of interest for membership were open for three weeks during which 12 submissions were received, comprising of three community members and nine organisational representatives. All applications were assessed against a selection criteria (Attachment 1) by an internal assessment panel.

Recommendation

That Council:

1. Endorses the 12 applicants listed (Attachment 1) onto the Nillumbik Health and Wellbeing Advisory Committee:

(a) Applicant 1 _____________ for their role as a Nillumbik Health and Wellbeing Advisory Committee member

(b) Applicant 2 _____________ for their role as a Nillumbik Health and Wellbeing Advisory Committee member

(d) Applicant 4 _____________ for their role as a Nillumbik Health and Wellbeing Advisory Committee member

(e) Applicant 5 _____________ for their role as a Nillumbik Health and Wellbeing Advisory Committee member

(f) Applicant 6 _____________ for their role as a Nillumbik Health and Wellbeing 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 Nillumbik Health and Wellbeing Advisory Committee member

(i) Applicant 9_____________ for their role as a Nillumbik Health and Wellbeing Advisory Committee member

(j) Applicant 10_____________ for their role as a Nillumbik Health and Wellbeing Advisory Committee member

(k) Applicant 11_____________ for their role as a Nillumbik Health and Wellbeing Advisory Committee member

(l) Applicant 12_____________ for their role as a Nillumbik Health and Wellbeing Advisory Committee member.

2. Acknowledges and thanks all community members and organisational representatives who submitted applications to the Health and Wellbeing Advisory Committee.

3. Resolves that the Applicant 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.

Motion

MOVED: Cr Kelly Joy

SECONDED: Cr Grant Brooker

That Council:

1. Endorses the 12 applicants listed (Attachment 1) onto the Nillumbik Health and Wellbeing Advisory Committee:

(a) Applicant 1 _____________ for their role as a Nillumbik Health and Wellbeing Advisory Committee member

(b) Applicant 2 _____________ for their role as a Nillumbik Health and Wellbeing Advisory Committee member

(d) Applicant 4 _____________ for their role as a Nillumbik Health and Wellbeing Advisory Committee member

(e) Applicant 5 _____________ for their role as a Nillumbik Health and Wellbeing Advisory Committee member

(f) Applicant 6 _____________ for their role as a Nillumbik Health and Wellbeing Advisory Committee member

(g) Applicant 7 _____________ ~~for their role as a Arts and Cultural Advisory Committee Member~~ for their role as a Nillumbik Health and Wellbeing Advisory Committee member

(h) Applicant 8_____________ for their role as a Nillumbik Health and Wellbeing Advisory Committee member

(i) Applicant 9_____________ for their role as a Nillumbik Health and Wellbeing Advisory Committee member

(j) Applicant 10_____________ for their role as a Nillumbik Health and Wellbeing Advisory Committee member

(k) Applicant 11_____________ for their role as a Nillumbik Health and Wellbeing Advisory Committee member

(l) Applicant 12_____________ for their role as a Nillumbik Health and Wellbeing Advisory Committee member.

2. Acknowledges and thanks all community members and organisational representatives who submitted applications to the Health and Wellbeing Advisory Committee.

4. Resolves that the successful applicants be named.

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

Council Resolution

MOVED: Cr Kelly Joy

SECONDED: Cr Grant Brooker

That Council:

1. Endorses the 12 applicants listed (Attachment 1) onto the Nillumbik Health and Wellbeing Advisory Committee:

(a) Applicant 1 CareNet for their role as a Nillumbik Health and Wellbeing Advisory Committee member

(b) Applicant 2 Allwood Neighbourhood House for their role as a Nillumbik Health and Wellbeing Advisory Committee member

(d) Applicant 4 Women’s Health in the North for their role as a Nillumbik Health and Wellbeing Advisory Committee member

(e) Applicant 5 Yarra Plenty Regional Libraries for their role as a Nillumbik Health and Wellbeing Advisory Committee member

(f) Applicant 6 Holstep Health for their role as a Nillumbik Health and Wellbeing Advisory Committee member

(g) Applicant 7 healthAbility for their role as a Nillumbik Health and Wellbeing Advisory Committee member

(h) Applicant 8 Belgravia Leisure for their role as a Nillumbik Health and Wellbeing Advisory Committee member

(i) Applicant 9 North Eastern Public Health Unit (NEPHU) for their role as a Nillumbik Health and Wellbeing Advisory Committee member

(j) Applicant 10 Bec Schafer for their role as a Nillumbik Health and Wellbeing Advisory Committee member

(k) Applicant 11 Snez Pezzin for their role as a Nillumbik Health and Wellbeing Advisory Committee member

(l) Applicant 12 Ann Hutchinson for their role as a Nillumbik Health and Wellbeing Advisory Committee member.

2. Acknowledges and thanks all community members and organisational representatives who submitted applications to the Health and Wellbeing Advisory Committee.

4. Resolves that the successful applicants be named.

CM.129/25 Reynolds Road, Eltham - Special Charge Scheme

Council Meeting Minutes 28 October 2025

12. Officers' reports

Distribution: Public

Manager: Claire Quinlan, Chief Operating Officer

Author: Steven Blight, Manager Capital and Infrastructure

Summary

On 5 December 2023, Council received a petition by property owners to seal Reynolds Road in Eltham, between Mount Pleasant Road and Laughing Waters Road, with costs recovered via the implementation of a Special Charge Scheme.

Council officers have prepared a concept design and cost estimate for the Scheme. The estimated cost of the works is between $173,000 and $207,600.

On 9 July 2025, a formal questionnaire and cost apportionment were sent to property owners to determine their level of support for a Special Charge Scheme. The cost apportionment was based on Council contributing 24% of the cost of the Scheme (i.e. $41,520 to $49,824) to account for broader community benefit.

The level of support for a Special Charge Scheme for Reynolds Road in Eltham, between Mount Pleasant Road and Laughing Waters Road, was 67 percent (4 of the 6 property owners).

As the level of support for the scheme is over the 60 percent threshold, it is recommended that the development process proceeds and Council officers invite affected property owners for nominations to join the Task Group.

Council Resolution

SECONDED: Cr Grant Brooker

That Council:

1. Proceeds with the development of a Special Charge Scheme for the sealing of Reynolds Road in Eltham, between Mount Pleasant Road and Laughing Waters Road.

2. Notes that Council will contribute 24% of the cost of the Scheme, which is currently estimated to equate to a Council contribution of $41,520 to $49,824.

3. Notes that Council officers will notify property owners accordingly and invite affected property owners for nominations to join the Task Group to provide comments for consideration within the design process.

CM.130/25 Instrument of Appointment and Authorisation (Planning and Environment Act 1987)

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Council Meeting Minutes 28 October 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.

The Chief Executive Officer makes 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.

Council Resolution

MOVED: Cr Peter Perkins

SECONDED: Cr Naomi Joiner

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.

CM.131/25 Informal Meetings of Councillors Records - 28 October 2025

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Council Meeting Minutes 28 October 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 30 September 2025.

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

1. Councillor Briefing held 16 September 2025;

2. Planning Application Conference for 21 Brougham St, Eltham held 22 September 2025;

3. Council Meeting Pre-Meet held 30 September 2025;

4. Youth Council Formal Advisory Committee held 7 October 2025;

5. Councillor Briefing held 7 October 2025;and

6. Planning and Consultation Committee Pre-Meet held 14 October 2025.

Council Resolution

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.

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Council Meeting Minutes 28 October 2025

13. Notices of Motion

NOM.002/25 Fossil Fuel Non-Proliferation Treaty

Motion

That Council:

1. Endorses the Fossil Fuel Non-Proliferation Treaty, noting the alignment with Council’s existing commitments to climate action.

2. Calls on the Australian Government to endorse the Fossil Fuel Non-Proliferation Treaty.

3. Authorises officers to complete the online endorsement form.

Procedural Motion

MOVED: Cr Kate McKay

SECONDED: Cr Naomi Joiner

That Council allows for an Amendment to the Notice of Motion to be made.

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

Council Resolution

SECONDED: Cr Naomi Joiner

That Council allows for an Amendment to the Notice of Motion to be made.

Cr Kate McKay advised of their intention to move the following:

Amended Motion

That Council:

1. Supports the call for a Fossil Fuel Non-Proliferation Treaty, noting the alignment with Council’s existing commitments to climate action.

2. Calls on the Australian Government to endorse the Fossil Fuel Non-Proliferation Treaty.

3. Authorises officers to complete the online endorsement form.

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

Council Resolution

15. Supplementary and urgent business

SECONDED: Cr Naomi Joiner

That Council:

1. Supports the call for a Fossil Fuel Non-Proliferation Treaty, noting the alignment with Council’s existing commitments to climate action.

2. Calls on the Australian Government to endorse the Fossil Fuel Non-Proliferation Treaty.

3. Authorises officers to complete the online endorsement form.

CARRIED

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

Against: Crs Grant Brooker, Kelly Joy and Peter Perkins

14. Delegates' Reports

Nil

Council Resolution

SECONDED: Cr Grant Brooker

In accordance with Clause 57 of the Governance Rule - Meeting Procedures, admit the item of urgent business relating to Update on Bourchiers Road Special Charge Scheme to be considered under point 16. Confidential reports in the Agenda.

CM.132/25 Update on Bourchiers Road Special Charge Scheme

16. Confidential reports

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

This item is confidential because it is law enforcement information, being information that would reasonably likely to prejudice the investigation into an alleged breach of the law or the fair trial or hearing of any person pursuant to paragraph (d) of the definition of confidential information under section 3(1) of the Local Government Act 2020; and legal privileged information, being information to which legal professional privilege or client legal privilege applies pursuant to paragraph (e) of the definition of confidential information under section 3(1) of the Local Government Act 2020. This ground is applied because it is information that, if publicly released at the time, is likely to be inappropriately detrimental to the Council or any person (natural or corporate).

Council Resolution

MOVED: Cr Kelly Joy

SECONDED: Cr Kim Cope

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