Ordinary Meeting of Council · 2016-04-29 · Ordinary Meeting of Council minutes 26 April 2016 2...

Ordinary Meeting of Council held at the Civic Centre, Civic Drive, Greensborough on Tuesday 26 April 2016.

Minutes

Stuart Burdack Chief Executive Officer

Wednesday 27 April 2016

Distribution: Confidential

Civic Drive, Greensborough PO Box 476, Greensborough 3088 Telephone 9433 3111 Facsimile 9433 3777 Website www.nillumbik.vic.gov.au Email [email protected]

http://www.nillumbik.vic.gov.au/

mailto:[email protected]

Ordinary Meeting of Council minutes 26 April 2016

Nillumbik Shire Council

Contents

Welcome 1

1. Reconciliation statement 1

2. Prayer 1

3. Good governance pledge 1

4. Apologies 1

5. Presentations 1

6. Confirmation of minutes 2

7. Disclosure of conflicts of interest 2

8. Petitions 2

9. Questions from the gallery 2

10. Reports of Advisory Committees 4

AC.004/16 Advisory Committee Report 4

11. Reports of Special Committees 5

12. Officers' reports 6

OCM.056/16 Draft Budget 2016-2017 and Strategic Resource Plan 6

OCM.057/16 Diamond Creek Trail extension project 10

OCM.058/16 Green Wedge Management Plan Implementation Update 2016 12

OCM.059/16 Report from the Policy and Services Committee - Amendment C101 14

OCM.060/16 Nillumbik Shire Art Collection acquisition: Christine Johnson 'Voyages Botanical' 17

OCM.061/16 Motion on Climate Change for the Australian Local Government Association National General Assembly 18

OCM.062/16 Service agreement - Provision of electoral services to Council - Victorian Electoral Commission 19

OCM.063/16 Review of Instrument of Delegation to Members of Council Staff 20

OCM.064/16 Council Plan Quarterly Performance Report March 2016 22

OCM.065/16 Hurstbridge Bowling Club loan guarantee request 23

OCM.066/16 March Quarter Financial Report 25

OCM.067/16 Finance Policies (Sundry Debtor and Asset Lifecycle Policy) 26

OCM.068/16 Eltham Community and Reception Centre Building and Associated Building Works 27

OCM.069/16 Environment and Planning Department Monthly Activity Report 29

OCM.070/16 Councillor Conduct Panel 30


OCM.071/16 Assemblies of Councillors 31

13. Notices of Motion 35

14. Delegates' reports 36

15. Supplementary and urgent business 36

16. Confidential reports 36

OCM.072/16 Eltham Community and Reception Centre Building and Associated Building Works 37

OCM.073/16 Landfill Monitoring and Annual Reports 39


1

Nillumbik Shire Council

Minutes of the Ordinary Meeting of Nillumbik Shire Council held Tuesday 26 April 2016. The meeting commenced at 7pm.

Councillors present: Cr Bronnie Hattam Swipers Gully Ward (Mayor) Cr Meralyn Klein Blue Lake Ward Cr Anika Van Hulsen Bunjil Ward Cr Michael Young Edendale Ward Cr Peter Perkins Ellis Ward Cr Ken King Sugarloaf Ward Cr Helen Coleman Wingrove Ward

Officers in attendance: Stuart Burdack Chief Executive Officer Andrew Port General Manager Corporate Services Ransce Salan General Manager Environment and Planning Tara Frichitthavong Acting General Manager Community and Leisure Vince Lombardi Manager Finance Naomi Paton Manager Leisure and Social Infrastructure Chad Griffiths Manager Strategic and Economic Planning Pat Vaughan Executive Officer Sustainability and Environment Michelle Zemancheff Coordinator Arts and Cultural Services Joanne Hammond Coordinator Communications Nadine Wooldridge Coordinator Community Leisure Services Wayne Trull Coordinator Governance Naomi Ellis Corporate Planner

Welcome

1. Reconciliation statement

The reconciliation statement was read by the Mayor, Cr Bronnie Hattam.

2. Prayer

A prayer was read by Major Mark Kop of the Salvation Army, Greensborough.

3. Good governance pledge

The good governance pledge was read by Cr Ken King.

4. Apologies

Nil

5. Presentations

Vale Lyn Hatherly

Mayor, Cr Bronnie Hattam acknowledged the passing of writer and poet Lyn Hatherly. Lyn, a Nillumbik resident was an active member of various community and friends of’ groups and the President of the Nillumbik University of the Third Age.


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Sporting grants

Todd Lindsay (Blue Lake Ward) received $200 as a contribution for his selection to compete at the AFM Futsal World Cup in Paraguay as part of the U17 National Futsal Team.

6. Confirmation of minutes

Confirmation of minutes of the Council Meeting held on Tuesday 22 March 2016.

Motion

Cr Peter Perkins Cr Ken King

That the minutes of the Council Meeting held on Tuesday 22 March 2016 be confirmed.

CARRIED

7. Disclosure of conflicts of interest

Nil

8. Petitions

Nil

9. Questions from the gallery

Patricia Curtis asked the Council:

‘Is Nillumbik the Green Wedge Shire or does it pander to the same old complaining residents? Item 16 states “new types of ESO have been proposed in order to provide the appropriate level of protection for the nature and value of the sites”.

‘How much of my money did the Councillors waste when they abandoned the amendment? If you do not provide a dollar amount, I will ask through freedom of information, do these few residents hold more power than consultation with experts in their field and the wider community?’

Mayor, Cr Bronnie Hattam responded that the costs associated with stage 2 and 3 studies of the ESO review, not including any associated staff costings are currently in the order of $147,727. Council has progressively implemented its Green Wedge Management Plan and an update report is presented in tonight’s meeting agenda papers. This report highlights the many achievements of the plan over the previous 12 months including works on the Landscape Character in the Green Wedge, Climate Action Plan and a number of other high priority actions that Council has undertaken.

Council has also undertaken a body of work to update ESO via Amendment C101. The Policy and Services Committee resolution to abandon this particular amendment process will be considered later in the agenda tonight as it requires Council ratification to give it effect. Council will continue to consult with the community, listen to expert advice and make informed decisions in the best interest of the community.

Greg Johnson, on behalf of Friends of Nillumbik asked the Council:

‘If Amendment C101 is abandoned by Council, the old ESO1 will be the only provision protecting habitat in the Shire. Is it likely that VCAT would regard ESO1 as credible given that it is now 20 years old?


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‘What interim arrangement will Council make to effectively protect habitat on private land if C101 is abandoned?’

Mayor, Cr Bronnie Hattam responded that should Amendment C101 be abandoned, then the current ESO that applies to approximately 61 per cent of the Nillumbik Green Wedge will continue to identify and protect significant vegetation and habitats.

While the NEROC report on Sites of Significance will continue to be relied upon in decision making, more recent investigations by ABZECO and Ecology Australia has shown that some areas of core habitat across the Shire are not adequately protected, and Council will need to determine what action it should undertake to ensure that the Nillumbik Planning Scheme is kept up-to-date and relevant as required under the Planning and Environment Act 1987 to ‘provide for the protection of natural and man-made resources and the maintenance of ecological processes and genetic diversity’ (section 4).

Karen Egan asked the Council:

‘How does Council think long term sustainability of the Nillumbik Green Wedge benefits from rural landholders being unreasonably constrained in the management and use of their own properties through Amendment C101 and the divisiveness this has caused within the community?’

Mayor, Cr Bronnie Hattam responded that the Environmental Significance Overlay is intended to protect the biodiversity values of the Shire, which includes over 1,342 species of indigenous plants and animals. The overwhelming majority of this land is in private ownership. Council is intent on working with private landowners to protect the Green Wedge and has a number of programs specifically to encourage this such as the sustainable agricultural rebate.

Karen Egan asked the Council:

‘How would Council propose to fund the management of the Nillumbik Green Wedge themselves is not for the time, effort and finances that many landowners invest in the management of their properties?’

Mayor, Cr Bronnie Hattam responded that Council is aware of the vital role that private landholders play in protecting the Green Wedge and values this role greatly.

Michelle Nuttall asked the Council:

‘Can the Council guarantee that landowners who currently graze stock on their land will continue to have the same usage rights as they do now and will continue to be able to use the same areas for grazing as they do now and in the future?’

Mayor, Cr Bronnie Hattam responded that unfortunately no one is able to guarantee what will or will not happen in the future. Council, however confirms that C101 places no constraints what so ever on grazing rights of landowners.

Bryan Walters asked the Council:

‘How and with what purpose can the Policy and Service Committee subvert due process by abandonment of the C101 Amendment before the scheduled Panel hearing?

Mayor, Cr Bronnie Hattam responded that as explained in the report in tonight’s agenda papers, the decision on what happens next to C101 will be made by Council tonight in its capacity as the planning authority under the Planning and Environment Act 1987.


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10. Reports of Advisory Committees

AC.004/16 Advisory Committee Report

Distribution: Public

Manager: Andrew Port, General Manager Corporate Services

Author: Tracey Classon, Personal Assistant to General Manager Corporate Services

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 minutes of meetings are presented to Council. This month, the following minutes are attached for information:

Yarrambat Township Plan Advisory Group meeting held 28 January 2016.

Living & Learning Nillumbik Advisory Committee meeting held 24 February 2016.

Agricultural Advisory Committee meeting held 10 March 2016.

Municipal Emergency Management Planning Committee meeting held 21 March 2016.

Arts Advisory Committee (Acquisition and Strategy) Committee meeting held 4 April 2016.

Motion

Cr Helen Coleman Cr Ken King

That Council notes the following Advisory Committee minutes:

1. Yarrambat Township Plan Advisory Group meeting held 28 January 2016.

2. Living & Learning Nillumbik Advisory Committee meeting held 24 February 2016.

3. Agricultural Advisory Committee meeting held 10 March 2016.

4. Municipal Emergency Management Planning Committee meeting held 21 March 2016.

5. Arts Advisory Committee (Acquisition and Strategy) Committee meeting held Monday 4 April 2016.

CARRIED


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11. Reports of Special Committees

Nil


6

12. Officers' reports

OCM.056/16 Draft Budget 2016-2017 and Strategic Resource Plan

File: 20/25/001



Author: Vince Lombardi, Manager Finance

Summary

This report presents the draft Budget for 2016-2017 for Council approval prior to exhibition for public consultation.

The draft Budget (Attachment 1) has been prepared in the context of the Council Plan and Nillumbik’s Financial Sustainability Plan.

It provides resources for the ongoing delivery of Council services to the community, and for the development and maintenance of Council infrastructure throughout the Shire.

Rates and charges

The Budget has been prepared in accordance with the rate capping legislation introduced by the Victorian Government which commences in 2016-2017.

The average increase in rates and charges will be 2.5 per cent per property. This reflects the rate cap set by the Minister for Local Government for 2016-2017.

A general revaluation has been conducted as required by law and will apply for 2016-2017. This means that individual properties will experience movements in rates and charges which will be different to the shire-wide average of 2.5 per cent per property.

Council previously resolved in January 2016 that the Budget would be prepared within the rate cap. Council’s decision reflected the outcomes of community consultation during the past year, including a community panel which made recommendations to Council, and the results of two community surveys.

The panel process and the surveys showed that the community preference was that rates be kept within the rate cap. This Budget achieves that result.

Key budget impacts for 2016-2017

The implications of rate capping have been significant however Council has maintained a balanced Budget through prudent financial stewardship.

Council has reviewed operating budgets and identified cost savings of $620,000 which have assisted Council in maintaining a balanced budget despite a range of external impacts.

Key external factors which have impacted on the 2016-2017 Budget have included:

Reduction in revenue from General Purpose and Local Roads grants $239,000

Increased net costs for leisure facility contracts $563,000

Increased cost for library contribution $232,000




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Capital works

The Budget proposes a number of major capital works projects that have been identified through planning and community consultation, including:

Eltham Leisure Centre aquatics redevelopment $11,950,000 (Year 2 of 3)

Diamond Creek Trail extension $2,000,000

Plenty Landfill site rehabilitation $1,745,800

Eltham North Reserve pavilion works $800,000

Edendale Farm site improvements $500,000

Diamond Creek Trail – path connection to new footbridge $250,000

Solar panels for Community Bank stadium, Diamond Creek $200,000

Kangaroo Ground War Memorial Tower access road $170,000

Research Park sports pavilion works $150,000

Research shopping centre public toilet upgrade $100,000

Diamond Creek town centre streetscape works $80,000

In addition to the major items listed above, the Budget continues to provide significant resources to maintain and develop infrastructure, including:

Roads $1,967,000

Footpaths $815,000

Bridges $1,000,000

Drainage $500,000

Sports-grounds and pavilions $392,000

Major leisure centres and community halls $745,000

Recreation trails $440,000

Other Council buildings $1,209,000

Disability access works $120,000

Public open space and playgrounds $395,000

Policy, planning and services initiatives

Apart from capital works, the Budget also includes resources for a range of new initiatives regarding policy, planning and services which include:

Green waste drop-off days $75,000

Liveable Nillumbik (Lot 1 Hurstbridge) $95,000

Yarrambat Township Plan $60,000

Heritage investigations $30,000




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Health and Wellbeing Plan $45,000

Community health and medical transport $112,875

Community Hub activation $82,550

Positive Ageing strategy $20,000

Economic Development Strategy $40,000

Tourism campaigns and services $32,000

Cultural Plan $45,000

Diamond Valley Sports and Fitness Centre masterplan $35,000

Diamond Creek trail planning $25,000

Diamond Creek Gateway signage and landscaping $15,000

Hurstbridge Streetscape design $15,000

Urban design for activity centres $30,000

2016 Council election $310,000

Strategic Resource Plan

As part of the budget process, the Strategic Resource Plan has also been reviewed and updated. Council is required to adopt the Strategic Resource Plan by 30 June each year, and this is done as part of the Budget process.

The update of the Strategic Resource Plan is based on the assumption that average increases in rates and charges will be capped each year at 2.5 per cent per property, and that growth in rates revenue from new development and subdivision will add a further 0.6 per cent each year beyond 2016-2017. A range of other assumptions are included in the Strategic Resource Plan, including the continuation of existing grants provided to Council, and no further cost shifting by State and Commonwealth Governments.

The Strategic Resource Plan shows that Council can maintain a balanced budget within the rate cap, provided that the assumptions in the plan are met. The updated Strategic Resource Plan is included as part of the draft Budget document.

Motion

Cr Michael Young Cr Ken King

That Council:

1. Approves the draft Budget 2016-2017 for the purpose of public consultation.

2. Gives public notice of the preparation of the draft Budget pursuant to sections 129 and 223 of the Local Government Act 1989, inviting written submissions from the public.

3. Considers public submissions on the draft Budget at the Policy and Services Committee meeting at 7pm on Tuesday 7 June 2016.




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4. Holds a Special Meeting of Council at 7pm on Tuesday 14 June 2016 for the purpose of adopting the Budget.

CARRIED

Cr Meralyn Klein called for a division: For: Crs King, Coleman, Van Hulsen, Perkins, Young and Hattam. Against: Cr Klein.


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OCM.057/16 Diamond Creek Trail extension project

File: 70/20/018


Manager: Conal Creedon, General Manager Infrastructure Services

Author: Nadine Wooldridge, Coordinator Community Leisure

Paul Fyffe, Senior Strategic Planner

Chad Griffiths, Manager Strategic and Economic Planning

Summary

The Diamond Creek Trail provides a shared-use, off road trail and currently connects Diamond Creek to Eltham along the creek corridor. It crosses the Yarra River at Eltham Lower Park and connects to the Main Yarra Trail that continues to the city. The proposed extension of this trail to provide a connection to Hurstbridge via Wattle Glen is a high priority for Council and is noted in the Nillumbik Trails Strategy 2011. It is also a metropolitan priority and has been included in the Northern Regional Trails Strategy and Parks Victoria’s Linking People and Places.

At the February Ordinary Meeting of Council, Council endorsed the proposed trail extension along the creek as the preferred alignment. Council also considered and endorsed a report which set out the strategic justification and benefits of the trail extension as well as the respective benefits of the viable options. Council resolved to release the strategic justification report prepared by GTA Consultants for broad community consultation.

Council advised all potentially affected property owners and key stakeholders to seek comments on the preferred alignment for the trail extension along the creek.

Following an extensive consultation process, one hundred and ninety five (195) submissions were received, 91 per cent support the preferred alignment. Council’s Policy and Services Committee considered written submissions and heard from submitters at its meeting on 12 April 2016.

There is strong community support and strategic justification for the extension of the Diamond Creek Trail to Hurstbridge. This would ‘unlock’ access to key components in Council’s Trails Strategy and provide economic, social and environmental benefits. The preferred trail alignment along the creek is considered to offer the best outcome of the options considered.

It is therefore recommended that Council progress with the Diamond Creek Trail extension project and the next step in the project is to prepare a planning scheme amendment which will:

Reserve for future acquisition the land which Council needs to acquire for the proposed trail by applying the Public Acquisition Overlay to the land denoted in grey in Attachment 1 (Diamond Creek Hurstbridge Trail Concept Plan).

Insert an incorporated document (Attachment 2) into the Nillumbik Planning Scheme which will allow, when Council is ready, construction of the trail without the need for further planning approval, but subject to appropriate conditions.



OCM.057/16 Diamond Creek Trail extension project

11

To prepare the amendment, which will be Amendment C108 to the Nillumbik Planning Scheme, Council must first request permission from the Minister for Planning.

Motion

Cr Anika Van Hulsen Cr Michael Young

That Council:

1. Acknowledges the extensive work and consultation completed to date to confirm the preferred alignment for the Diamond Creek Trail extension.

2. Confirms that, having considered submissions from affected property owners and the public, it intends to take the necessary steps to develop the trail along the preferred alignment following the Diamond Creek as endorsed at the February 2016 Ordinary Council Meeting.

3. Requests authorisation from the Minister for Planning in accordance with section 9 of the Planning and Environment Act 1987 to prepare Amendment C108 to the Nillumbik Planning Scheme, which proposes to:

a) Apply the Public Acquisition Overlay (Schedule 4) to reserve land for future acquisition in accordance with Attachment 1 (Diamond Creek to Hurstbridge Trail Concept Plan).

b) Insert an incorporated document, ‘Diamond Creek Trail Extension (Diamond Creek to Hurstbridge)’, which is provided as Attachment 2, into the Nillumbik Planning Scheme.

4. Places Amendment C108 on public exhibition on receipt of authorisation from the Minister of Planning.

CARRIED



12


OCM.058/16 Green Wedge Management Plan Implementation Update 2016

File: 40/30/038


Manager: Chad Griffiths, Manager Strategic and Economic Planning

Author: Fiona Stevens, Senior Strategic Planner

Summary

Council adopted the Nillumbik Green Wedge Management Plan (GWMP) in 2010. One of the GWMP actions is to report annually on implementation of the plan (Governance Action 1.1).

This report updates Council on the GWMP High Priority actions that were still incomplete in years one to five (2010-2014) and also the Medium Priority actions (2014-2019) that commenced last year and are currently underway or about to begin.

All high priority actions required to implement the GWMP are complete, ongoing or underway, with key achievements for the year including the following:

Completion of the development of the Wadumbak St Andrews Community Centre with the official opening held in February 2015.

A complete alignment plan has been developed for the Diamond Creek Trail. A strategic justification report has been completed detailing a cost/benefit analysis that has been released for public consultation.

The Nillumbik Invasive Species Action Plan was adopted in 2015.

The Climate Change Action Plan 2016-2020 was adopted by Council in November 2015.

The second annual Nillumbik Open Farm Day with over 7,000 farm visits recorded at the 2015 event.

‘Brand Nillumbik’ project, including the development of branding materials, an ‘Artisan Hills’ destination management plan and the marketing plan has been endorsed by Council and was officially launched 14 April 2016.

Exhibition, consideration of 172 submissions and completion of a 6 day Panel Hearing for Amendment C81 ‘Landscape Character in the Green Wedge’; and

In addition, 71 per cent of the Medium priority actions have also been commenced or are ongoing.

Motion

Cr Anika Van Hulsen Cr Ken King

That Council:

1. Receives and notes the Green Wedge Management Plan Implementation update.



OCM.058/16 Green Wedge Management Plan Implementation Update 2016

13

2. Receives a further annual update on the implementation of the Green Wedge Management Plan in February 2017.

CARRIED



14


OCM.059/16 Report from the Policy and Services Committee - Amendment C101

File: 40/11/101


Manager: Ransce Salan, General Manager Environment and Planning Services

Author: Chad Griffiths, Manager Strategic and Economic Planning

Summary

This report advises Council that a decision to ratify the resolution of the Special Meeting of the Policy and Services Committee held on 13 April 2016 to abandon Amendment C101 to the Nillumbik Planning Scheme is required to give it legal effect.

Amendment C101 proposes to amend the Environmental Significance Overlay to ensure it better identifies and protects the biodiversity values of the Shire. The amendment is consistent with the Green Wedge Management Plan, the Nillumbik Biodiversity Strategy 2012, the Nillumbik Planning Scheme Review 2009 and Council Plan 2013-2017.

Amendment C101 was publicly exhibited from 5 November 2015 to 21 January 2016.

All submissions were considered at the Special Meeting of the Policy and Services Committee held on 13 April 2016, where the Committee resolved to abandon Amendment C101.

Whilst the Policy and Services Committee has the delegated ability to consider submissions and refer them to an independent Planning Panel, legal advice has confirmed that it does not have the ability to adopt or abandon an amendment. It is therefore necessary for Council to ratify the resolution made by the Committee in order to give effect to that resolution. The following motion will provide the necessary ratification.

Motion

Cr Meralyn Klein Cr Ken King

That Council:

1. Notes the submissions and presentations to the Special Policy and Services Committee on 13 April 2016.

2. Having considered submissions, resolves to abandon Amendment C101 in its entirety.

3. Writes to the Minister for Planning to advise of its abandonment of Amendment C101.

LOST



OCM.059/16 Report from the Policy and Services Committee – Amendment C101

15

Motion

Cr Ken King Cr Meralyn Klein

That Council:

1. Notes the submissions and presentations to the Special Policy and Services Committee on 13 April 2016.

2. Having considered submissions, resolves to abandon Amendment C101 in its current form.

3. Writes to the Minister for Planning to advise of its abandonment of Amendment C101.

4. Direct officers to prepare new processes to re-engage the community and develop appropriate planning controls to protect the ecological and habitat values of the Green Wedge, in conjunction with the properly balanced rights and existing uses of landholders, through the introduction of a new planning scheme amendment at a future date, with the existing ESO in the Green Wedge to remain in place throughout this process.

LOST

Cr Ken King called for a division: For: Crs King, Klein and Perkins. Against: Crs Coleman, Van Hulsen, Young and Hattam.

Motion

Cr Michael Young Cr Helen Coleman

That Council:

1. Notes the submissions and presentations to the Policy and Services Committee on 13 April 2016.

2. Requests that the Minister for Planning appoint a Planning Panel to hear submissions relating to Amendment C101.

3. Prior to the Panel hearing, allow a period of three months during which any submitter to Amendment C101 can request an accompanied site visit from Council’s ecologist and/or ABSECO expert ecologist to review the significance of the site.

4. Provides a submission to the Panel and requests that it considers variations to the Amendment documentation to:

a) Refine the mapping of the ESO boundaries in accordance with the recommendations within Attachment 2 and 3.

b) Refine the mapping of the ESO boundaries to address mapping anomalies within Attachment 4.



OCM.059/16 Report from the Policy and Services Committee – Amendment C101

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c) Make amendments to the ESO schedules in accordance with Attachments 5, 6, 7 and 8.

d) Make amendments requires that are the result of the onsite consultation as per item 3.

5. Receives a further report on the Amendment, following the consideration of the Panel and the issuing of its recommendation.

CARRIED

Cr Meralyn Klein called for a division: For: Crs Coleman, Van Hulsen, Young and Hattam. Against: Crs King, Klein and Perkins.

Following the vote on item OCM.059/16, there was a pause in the meeting at 9.10pm to allow the large number of people in the gallery to vacate. The meeting resumed at 9.17pm.


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OCM.060/16 Nillumbik Shire Art Collection acquisition: Christine Johnson 'Voyages Botanical'

File: 70/10/030


Manager: Adrian Cully, Manager Community Participation

Author: Michelle Zemancheff, Coordinator Arts and Cultural Services

Grace Longato, Visual Arts Development Officer

Summary

Nillumbik Shire Council has the opportunity to acquire an important limited edition artwork for the Nillumbik Shire Art Collection. The artwork, Voyages Botanical 2013, by Christine Johnson explores local biodiversity and colonial heritage and has been recommended for acquisition by the Arts Advisory Committee (Acquisition and Strategy) in accordance with the Nillumbik Shire Council Art Collection Policy 2014-2017.

Motion

Cr Helen Coleman Cr Anika Van Hulsen

That Council:

1. Recognises the significance of the artwork, Voyages Botanical 2013 by Christine Johnson in relation to Nillumbik Shire Art Collection.

2. Notes the recommendation of the Arts Advisory Committee and thanks the committee for their expert advice.

3. Acquires Voyages Botanical 2013, having met the acquisition criteria in accordance with the Nillumbik Shire Council Art Collection Policy 2014-2017.

CARRIED


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OCM.061/16 Motion on Climate Change for the Australian Local Government Association National General Assembly

File: 40/35/019


Manager: Ransce Salan, General Manager Environment and Planning

Author: Pat Vaughan, Sustainability and Environment Executive Officer

Summary

A motion has been prepared for the Australian Local Government Association (ALGA) National General Assembly to be held on 19-22 June 2016 calling on the Australian Government to provide direct funding to assist local governments and their related greenhouse action alliances to address climate change mitigation and adaptation. This is needed because Council’s endorsement of this motion is sought.

Motion

Cr Helen Coleman Cr Ken King

That Council resolves to lodge the following motion to the ALGA National General Assembly to be held in Canberra on 19-22 June 2016:

‘The Australian Local Government Association calls on the Australian Government to provide direct funding to assist local governments and their related greenhouse action alliances to address climate change mitigation and adaptation.’

CARRIED


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OCM.062/16 Service agreement - Provision of electoral services to Council - Victorian Electoral Commission

File: 1112-067



Author: Wayne Trull, Coordinator Governance

Summary

The Local Government Act 1989 (the Act), requires Council to conduct a general election in October 2016.

Schedule 2 of the Act has recently been amended by the State Government to provide that the Victorian Electoral Commission (VEC) will be responsible for conducting all future council elections. The VEC has subsequently provided Council with an Electoral Service Agreement (Attachment 1) for the provision of electoral services to Council for the four year period commencing on 1 July 2016.

Included in the Agreement is a detailed quotation for the conduct of Council’s 2016 general election by the VEC. The estimated total cost for the conduct of the election, including the cost of conducting compulsory voting enforcement post-election, is $249,475 (ex GST).

As the estimated cost of conducting the 2016 general election exceeds the financial limits specified in the Instrument of Delegation to Chief Executive Officer, a Council resolution is, therefore, required to authorise the execution of the Agreement by the CEO.

Motion


That Council authorises the Chief Executive Officer to execute the Electoral Service Agreement between Council and the Victorian Electoral Commission for the provision of electoral services to Council for the four year period commencing 1 July 2016, including the conduct of the 2016 general election.

CARRIED


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OCM.063/16 Review of Instrument of Delegation to Members of Council Staff

File: 15/10/004



Author: Wayne Trull, Coordinator Governance

Summary

Section 98(1) of the Local Government Act 1989 (the Act) enables Council, by instrument of delegation, to delegate to a member of Council staff any power, duty or function of Council under the Act or any other Act, other than certain specified powers.

The current Instrument of Delegation to Members of Council Staff contains delegations made by Council to Council staff under the various Acts and Regulations which contain a specific power of delegation.

These delegations enable Council staff to carry out the day to day management of Council’s operations in accordance with the objectives outlined in the Council Plan 2013-2017.

Council’s solicitors, Maddocks, provides regular recommended updates to Council’s Instruments of Delegation. Several amendments to the current Instrument of Delegation to Members of Council Staff are proposed for consideration by Council in response to advice received from Maddocks and the changes are detailed in this report.

In addition, recent Environment and Planning Department structural changes, primarily the movement of the Environmental Health team into the Planning unit to form the Planning and Health Services unit, have resulted in the Manager Planning and Health Services (MPHS) now assuming a number of additional delegations.

The amendments to the Instrument are largely administrative in nature and it is recommended that the amended Instrument of Delegation to Members of Council Staff be adopted by Council (Attachment 1).

Motion

Cr Ken King Cr Michael Young

That Council:

1. In the exercise of the powers conferred by section 98(1) of the Local Government Act 1989 and the other legislation referred to in the Instrument of Delegation to Members of Council Staff, resolves that:

a) There be delegated to members of Council staff holding, acting in or performing the duties of the offices or positions referred to in the Instrument of Delegation to Members of Council Staff, the powers, duties and functions set out in that Instrument, subject to the conditions and limitations specified in that Instrument.

b) The Instrument comes into force immediately after the common seal of Council is affixed to the required document.



OCM.063/16 Review of Instrument of Delegation to Members of Council Staff

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c) On the coming into force of the Instrument, all previous delegations to members of Council staff under the Instrument of Delegation to Members of Council Staff are revoked.

d) The duties and functions set out in the Instrument must be performed, and the powers set out in the Instrument must be executed, in accordance with any guidelines or policies of Council that it may, from time to time, adopt.

2. Affixes the common seal to the Instrument.

CARRIED


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OCM.064/16 Council Plan Quarterly Performance Report March 2016

File: 25/10/002



Author: Naomi Ellis, Corporate Planner

Summary

This report presents the Council Plan Quarterly Performance Report to Council for consideration, documenting progress of key actions for 2015-2016 that demonstrate how Council is delivering the objectives of the Council Plan 2013-2017 for the Nillumbik community.

The attached Council Plan Quarterly Performance Report provides the third update on the progress of the Annual Plan actions for the 2015-2016 financial year. It shows that the program is on target for completion by 30 June 2016.

Of the 51 actions identified in the Annual Plan, at the close of the quarter (31 March 2016) 47 actions were on target with a green light status, two actions have an amber light (between 40-90 per cent of action target achieved), one action has a red light (less than 40 per cent of action target achieved), and one action has been deferred.

Motion


That Council receives the Council Plan Quarterly Performance Report for the period ending 31 March 2016.

CARRIED


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OCM.065/16 Hurstbridge Bowling Club loan guarantee request

File: 70/40/018


Manager: Tara Frichitthavong, Acting General Manager Community and Leisure

Author: Michelle DePasquale, Leisure Facilities Officer

Naomi Paton, Manager Leisure and Social Infrastructure

Vince Lombardi, Manager Finance

Summary

This report considers a request from the Hurstbridge Bowling Club for Council to provide a loan guarantee to the club to fund the replacement of the Green 1 synthetic surface.

The Hurstbridge Bowling Club was formed in 1963 and is registered with Bowls Victoria. The Club has a current membership of 140 and an increasing number of visitors through the facility participating in a variety of programs and activities.

The club operates from Council-owned facilities located on Graysharps Road, Hurstbridge under a maximum three-year community lease which expires in October 2018. Facilities consist of two synthetic bowling greens and associated facilities as well as clubrooms and outdoor social areas.

The club replaced one of the synthetic greens in 2014 funded through a loan which Council guarantee. The second green now needs to be replaced.

The Bendigo Bank has agreed to provide a loan of $145,000 to the club to renew the second green, subject to a Council guarantee of the loan.

The club proposes to repay the loan over 10 years at the variable rate and have provided financial projections and business plans over the life of the loan to support this. In addition, financial statements for the past three years were submitted and have been reviewed by Council’s Finance Team.

Motion

Cr Anika Van Hulsen Cr Peter Perkins

That Council:

1. Acts as loan guarantor for the Hurstbridge Bowls Club for up to $145,000 for a period of 10 years to assist the club with renewing the front bowling green, on the proviso that the club provides over the life of the loan:

a) Quarterly loan statements from the Bank to demonstrate that the loan repayment has been made as scheduled.

b) Annual cash flow reports and projections to ensure the Council is informed of any possible adverse financial projections.

c) Current Business Plan forecasting memberships, programs and services.



OCM.065/16 Hurstbridge Bowling Club loan guarantee request

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2. Affixes the common seal of Nillumbik Shire Council to the necessary loan guarantee documentation.

CARRIED


25


OCM.066/16 March Quarter Financial Report

File: 20/10/004




Robert Malignaggi, Management Accountant

Summary

This report outlines Council’s financial performance and financial position for the period ending 31 March 2016.

The March report shows an overall favourable Year to Date (YTD) variance of $1,048,903, representing 6.27 per cent of YTD Budget.

This variance is made up of the following favourable/(unfavourable) changes:

Net Operating – $2,218,822 favourable

New Initiatives – $221,846 favourable

Rates Funded Capex – ($1,391,765) unfavourable.

The favourable variance above mainly relates to timing variances.

Council’s overall financial position is sound and continues to be actively monitored to ensure delivery within budgeted resources.

Motion

Cr Ken King Cr Helen Coleman

That Council receives and notes the Financial Report for the period ended 31 March 2016.

CARRIED


26


OCM.067/16 Finance Policies (Sundry Debtor and Asset Lifecycle Policy)




Summary

This report presents both the Asset Lifecycle and Sundry Debtor Policy for Council approval.

Council’s Sundry Debtor Policy provides guidance for the raising of invoices and specifies appropriate internal controls to be applied in the generation of invoices and credit notes.

Council’s Asset lifecycle Policy provides guidance for the direction for the management of Council owned assets. The policy extends to Council’s requirements and obligations in the asset management process.

The Policies have been periodically reviewed and updated. The latest review has been conducted and an updated draft of the Policies were presented to the Audit Committee in November 2015.

Motion


That Council

1. Adopts the Sundry Debtor Policy (Attachment 1).

2. Adopts the Asset Lifecycle Policy (Attachment 2).

CARRIED


27


OCM.068/16 Eltham Community and Reception Centre Building and Associated Building Works

File: 1516-53


Manager: Conal Creedon, General Manager Infrastructure Services

Author: Mathew Deayton, Manager Infrastructure Development

Summary

This report considers the awarding of the contract for the Eltham Community and Reception Centre Building and Associated Refurbishment Works.

The purpose of the upgrade and refurbishment works is to make a number of substantial improvements and will rectify many deficiencies and OHS concerns, such as the need to replace the asbestos roof and significantly improve community access to the multi-purpose spaces.

The upgrade and refurbishment works contract includes:

replacement of the existing roof (hazardous materials) including the upgrade of roof insulation and rainwater reticulation and storage

demolition of the existing structure / both internal and external to nominated areas

construct extensions to the existing building to accommodate a new entry foyer, administration space and adjoining kitchenette

refurbishment of the entire toilet block, DDA compliance requirement

extend and upgrade the commercial kitchen

upgrade of the electrical reticulation including the replacement of the main switchboard and interconnection with a roof mounted PV system

relocation of the Fire Indication Panel and associated equipment

new entry forecourt with DDA compliant entry ramp

The tender evaluation panel has assessed all submissions and this report outlines their evaluation in recommending the awarding of the contract for the Eltham Community and Reception Centre Building and Associated Refurbishment Works.

Pursuant to the Instrument of Delegation to the Chief Executive Officer the value of this contract exceeds the specified financial limits and a Council resolution is therefore required to award the contract.

Motion

Cr Helen Coleman Cr Michael Young

That Council:

1. Notes the report




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2. Makes public the decision regarding the contract but the tender evaluation remain confidential.

CARRIED

Cr Peter Perkins left the Chamber at 9.59pm following the vote on item OCM.068/16 and returned at 10pm in time for the vote on item OCM.069/16.


29


OCM.069/16 Environment and Planning Department Monthly Activity Report

File: 45/25/007


Manager: Ransce Salan, General Manager Environment and Planning

Author: Jeremy Livingston, Manager Planning and Health Services

Chad Griffiths, Manager Strategic and Economic Planning

Phil Lovelace, Manager Regulatory Services

Pat Vaughan, Sustainability and Environment Executive Officer

Summary

This report provides a status update on planning, regulatory and policy activities in Council’s Environment and Planning Department for the month of March 2016.

Motion


That Council receives the Environment and Planning Department Activity Report for March 2016 and notes the following items:

1. 76 per cent of planning applications were determined within 60 statutory days.

2. One VCAT decision was handed down during March, relating to 218 Bolton Street, Eltham.

3. The report of the Panel for Amendment C81 ‘Landscape Character provisions for the Green Wedge’ has been received, and has supported the amendment subject to changes.

CARRIED


30


OCM.070/16 Councillor Conduct Panel

File: 15/15/006



Author: Allison Watt, Manager Governance and Communications

Summary

On 14 October 2015, Council’s Councillor Conduct Panel Registrar received an application from Cr Meralyn Klein that a Councillor Conduct Panel be established to investigate alleged breaches of Council’s Code of Conduct by Cr Anika Van Hulsen on 9 June 2015, after the Policy and Services Committee meeting.

A Councillor Conduct Panel was established by the Municipal Association of Victoria (MAV) on 18 October 2015 and Council was advised of the Panel members who were Roger Batrouney (Chairperson and Legal member) and Terry Maher (Governance member).

A preliminary hearing, mainly for administrative purposes, was held on 12 November 2015.

The Councillor Conduct Panel Hearing was held on 15 December 2015 and re-convened on 18 February 2016 to hear final submissions from the parties.

A Notice of Decision and Statement of Reasons was released by the Panel on 30 March 2016 and provided to both parties, the Council and the Minister for Local Government in accordance with Section 81M of the Local Government Act 1989 (the Act) on 31 March 2016.

Under section 81M of the Act, a copy of the Panel’s Decision must be tabled at the next Ordinary Meeting of Council and recorded in the minutes of that meeting.

The Councillor Conduct Panel released its Notice of Decision and Statement of Reasons on 30 March 2016.

Pursuant to section 81J of the Act, the Panel:

a) Made a finding of misconduct against Cr Van Hulsen

b) Directed that Cr Van Hulsen apologise to Cr Klein in the form of a written apology

c) Directed the Council to review its Code of Conduct

Cr Van Hulsen has complied with the Panel’s direction.

Motion


That Council receives and notes this report.

CARRIED


31


OCM.071/16 Assemblies of Councillors

File: 10/30/002



Author: Naomi Ellis, Corporate Planner

Summary

In accordance with section 80A(2) of the Local Government Act 1989 Council is required to report as soon as practicable to an Ordinary meeting of Council a record of any assemblies of Councillors held.

This report lists assemblies of Councillors forms that have been submitted since the matter was last reported to Council on 22 March 2016.

Motion


That Council, in accordance with section 80A(2) of the Local Government Act 1989, receives the records of the following assemblies of Councillors:

1 Date of assembly 22 March 2016

Matters considered Pre-meeting for Ordinary Meeting of Council

Councillors present Cr Meralyn Klein

Cr Anika Van Hulsen

Cr Helen Coleman

Cr Bronnie Hattam

Cr Ken King

Cr Michael Young

Cr Peter Perkins

Staff present Stuart Burdack

Allison Watt

Pat Vaughan

Tara Frichitthavong

Conal Creedon

Ransce Salan

Lisa Pittle

Gabrielle Castellan

Chad Griffiths

Craig Commane

Frances Duncan

Naomi Paton

Nadine Sinclair

Stacey Warmuth

Conflict of interest None declared

2 Date of assembly 4 April 2016

Matters considered Inclusion Advisory Committee

Councillors present Cr Bronnie Hattam

Staff present Adrian Cully Amber Smith





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Matters considered Eltham Activity Centre Forum

Councillors present Cr Michael Young Cr Bronnie Hattam

Staff present Chad Griffiths Paul Fyffe



Matters considered Arts Advisory Committee (Acquisition and Strategy)

Councillors present Cr Helen Coleman

Staff present Michelle Zemancheff Isobel Clements



Matters considered Officer briefings of Councillors

Planning briefing

Mixed use development

Presentation of reimbursement of VCAT fees

2016-2017 Budget

2016 Property revaluation and rating strategy

Diamond Creek Trail Extension

Amendment C101

Temporary Community Events and Information Signs Policy

Councillors present Cr Anika Van Hulsen

Cr Bronnie Hattam

Cr Helen Coleman

Cr Meralyn Klein

Cr Michael Young

Cr Ken King


Conal Creedon

Ransce Salan

Vince Lombardi

Jeremy Livingston

Tara Frichitthavong

Tim Oldfield

Anita Fitzpatrick

Briony Stephen

Nadine Wooldridge

Pat Vaughan

Alison Fowler

Paul Fyffe





33


Matters considered Economic Development Advisory Committee

Councillors present Cr Ken King

Cr Michael Young

Cr Anika Van Hulsen

Staff present Darko Popovski



Matters considered Pre-meeting for Policy and Services Committee and Planning Committee


Cr Bronnie Hattam

Cr Peter Perkins

Cr Michael Young

Cr Ken King

Cr Meralyn Klein


Andrew Port

Conal Creedon

Ransce Salan

Tara Frichitthavong

Chad Griffiths

Paul Fyffe

Jonathan Risby

Mathew Deayton

Jeremy Livingston



Matters considered Pre-meeting for Special Policy and Services Committee


Cr Bronnie Hattam

Cr Michael Young

Cr Ken King

Cr Peter Perkins

Cr Coleman


Andrew Port

Ransce Salan

Chad Griffiths

Pat Vaughan

Alison Fowler

Conflict of interest Cr Van Hulsen declared a direct interest in Amendment C101 where a presentation or motion relates to land in the vicinity of Clarke Avenue, Wattle Glen as she lives in that location. The direct interest does not extend to the general application of Amendment C101 to 6,500 properties throughout the Shire.




34


Matters considered Officer briefings of Councillors

Local Planning Policy Framework review

Amendment C81 Panel Report

Green Wedge Management Plan update

Civic Drive Precinct Masterplan

HACC reform

Art collection acquisition

Open Policy Forum – Plenty Park


Cr Meralyn Klein

Cr Ken King

Cr Michael Young

Cr Bronnie Hattam

Cr Helen Coleman


Andrew Port

Conal Creedon

Ransce Salan

Chad Griffiths

Pat Vaughan

Alison Fowler

Tara Frichitthavong

Karen Bayly

Naomi Paton

Nadine Wooldridge

Corrienne Nichols

Michelle Zemancheff

Grace Longato


CARRIED


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13. Notices of Motion

NOM.003/16

Cr Bronnie Hattam had advised of her intention to move the following motion, however her motion was made redundant by Council’s earlier decision on item OCM.059/16 ‘Report from the Policy and Services Committee – Amendment C101’ and was not put.

Motion

That Council:

1. Rescinds motion PS.013/16 Amendment C101 - Review of the Environmental Significance Overlay adopted at the Special Meeting of the Policy & Services Committee on 13/4/16.

2. Requests that the Minister for Planning appoints a Planning Panel to hear submissions relating to Amendment C101.

3. Provides a submission to the Panel which generally supports the amendment as exhibited, but considers variations to the Amendment documentation as presented in the officer report to the Special Policy and Services Committee on 13 April 2016 to:

Refine the mapping of the ESO boundaries in accordance with the recommendations within Attachment 2 and 3.

Refine the mapping of the ESO boundaries to address minor mapping anomalies identified within Attachment 4.

Make amendments to the ESO schedules in accordance with Attachments 5, 6, 7 and 8.

Receives a further report on the amendment, following the consideration of the Panel and the issuing of its recommendations.

NOM.004/16

Cr Michael Young advised of his intention to move the following:

Motion


That Council:

1. Investigates the use of land adjacent to the south side of the kindergarten at 20 Wattletree Road, Eltham for the purpose of:

a) Establishing an Eltham men's shed on the raised area above the designated flood level

b) Creating a safe access and egress to Wattletree Road from the land

c) Establishing convenience and all ability parking adjacent to the shed

d) Establishing an overflow parking area on the lower area of the land


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e) Understanding possible future benefits and partnerships that could be engendered with Edendale and other like-minded community groups

2. Undertakes preliminary works including a soil test on the raised portion of the land and embankment facing Dansy's Paddock including recommendation for type of concrete slab floor and footing construction.

3. Formulate approximate costing and roll out of the project assuming the works will be undertaken in stages, that a shed size of approximately 360 square metres is achievable and that 1,000 square metres minimum of land is available.

4. Seek out all possible funding options including grants, sponsorships and council contributions for the project.

5. Undertake these investigations and works in collaboration with the executive of the Eltham Men's Shed.

6. Report back to Council by the Ordinary Council Meeting of July 2016.

CARRIED

14. Delegates' reports

Crs Coleman and Hattam reported on their activities as Council delegates.

15. Supplementary and urgent business

Nil

16. Confidential reports

The Meeting may be closed to members of the public to consider confidential matters.

Motion


That Council closes the meeting to the public pursuant to section 89(2) of the Local Government Act 1989 to consider the following items, which are confidential for the reasons indicated:

Report no. Title Reason for confidentiality


(d) contractual matters

OCM.073/16 Landfill Monitoring and Annual Reports

(d) contractual matters

CARRIED

The meeting closed to the public at 10.32pm.

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