Ordinary Meeting of Council - Nillumbik Council · Ordinary Meeting of Council agenda 26 May 2015 12. Officers' reports OCM.045/15 Draft Nillumbik Tree Management Policy and Tree

Ordinary Meeting of Council

Agenda

The meeting will be held at Wadambuk St Andrews Community Centre, 35 Caledonia Street, St Andrews on Tuesday 26 May 2015 commencing at 7.30pm.

Stuart Burdack Chief Executive Officer

Wednesday 20 May 2015

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 seating plan

Cr Michael Young Edendale Ward

Cr Peter Perkins Ellis Ward

Cr Anika Van Hulsen Bunjil Ward

Cr Ken King Sugarloaf Ward

Cr Meralyn Klein Blue Lake Ward

Cr Bronnie Hattam Swipers Gully Ward

Stuart Burdack Chief Executive Officer

Cr Helen Coleman (Mayor)

Wingrove Ward

Visitors in the gallery at Council meetings are:

Welcome to copies of the reports which will be considered by the Council at the meeting. These are on the table in the foyer.

Welcome to the tea, coffee and water provided in the foyer.

Requested to observe Council deliberations quietly in order for Council meetings to run smoothly.

• Advised that an audio recording of this meeting will be made for the purpose of verifying the accuracy of the minutes.

Ordinary Meeting of Council agenda 26 May 2015

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Nillumbik Shire Council

Contents

Welcome by the Mayor 1

1. Reconciliation statement 1

2. Prayer 1

3. Good governance pledge 1

4. Apologies 1

5. Presentations 1

6. Confirmation of minutes 1

7. Disclosure of conflicts of interest 1

8. Petitions 2

9. Questions from the gallery 2

10. Reports of Advisory Committees 3

AC.005/15 Advisory Committee Report 3

11. Reports of Special Committees 4

PS.023/15 Submissions on the annual review of the Council Plan 2013-2017 4

12. Officers' reports 5

OCM.045/15 Draft Nillumbik Tree Management Policy and Tree Management Guidelines 2015 5

OCM.046/15 Endorsement of the Temporary Community Event and Information Sign Policy 10

OCM.047/15 Amendment C103 - 15 Lotus Court, Diamond Creek 17

OCM.048/15 Pioneer Road Special Charge Scheme, Yarrambat - intention to declare 20

OCM.049/15 Community Engagement Policy 24

OCM.050/15 Rate Capping Community Engagement Plan 27

OCM.051/15 Annual review of the Council Plan 2013-2017 31

OCM.052/15 Review of Instrument of Delegation to Chief Executive Officer 35

OCM.053/15 Review of Governance Code 39

OCM.054/15 Eltham Child Care Cooperative Extension 43

OCM.055/15 Woodridge Preschool Extension 44

OCM.056/15 Hard waste contract extension 45

OCM.057/15 Supply and delivery of one 4x2, 10-14 tonne GVM cab chassis complete with chassis mounted crane and steel tipper body 46

OCM.058/15 Supply and delivery of one 4x2, 8-10 tonne GVM crew cab chassis complete with a steel tipper body and a small crane 47


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OCM.059/15 Tender report - Architectural services for the Eltham Leisure Centre aquatic redevelopment 48

OCM.060/15 Environment and Planning Monthly Activity Report 50

OCM.061/15 Assemblies of Councillors 59

13. Notices of motion 63

14. Delegates' reports 63

15. Supplementary and urgent business 63

16. Confidential reports 63


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Nillumbik Shire Council

Agenda of the Ordinary Meeting of Nillumbik Shire Council to be held Tuesday 26 May 2015 commencing at 7.30pm.

Welcome by the Mayor

Members of the public are advised the meeting will be recorded for the purpose of verifying the accuracy of the minutes.

1. Reconciliation statement

The reconciliation statement to be read by the Mayor

Nillumbik Shire Council acknowledges the Wurundjeri as the traditional custodians of the land now known as the Shire of Nillumbik and values the significance of the Wurundjeri people’s history as essential to the unique character of the Shire.

2. Prayer

A prayer will be read by Father Michael McEntee, Parish Priest of St Thomas the Apostle, Greensborough.

3. Good governance pledge

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

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

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

4. Apologies

Motion

That the apologies be accepted.

5. Presentations

Sporting presentation

Harri Howden (Edendale Ward) receives $200 as a contribution for his selection to compete at the World Youth Archery Championships in the USA as part of the Archery Australia Team.

6. Confirmation of minutes

Confirmation of minutes of the Council Meeting held on Tuesday 28 April 2015 and the Special Meeting held on Tuesday 12 May 2015.

Motion

That the minutes of the Council Meeting held on Tuesday 28 April 2015 and the Special Meeting held on Tuesday 12 May 2015 be confirmed.

7. Disclosure of conflicts of interest


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Councillors should note that any conflicts of interest should also be disclosed immediately before the relevant item.

8. Petitions

Nil

9. Questions from the gallery


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10. Reports of Advisory Committees

AC.005/15 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:

Environment Advisory Committee held 1 April 2015

Inclusion Advisory Committee held 13 April 2015

Brand Nillumbik Marketing Advisory Committee held 20 April 2015

Living & Learning Nillumbik Advisory Committee held 22 April 2015

Recreation Trails Advisory Committee held 23 April 2015.

Motion

That Council notes the following Advisory Committee minutes:

1. Environment Advisory Committee held 1 April 2015

2. Inclusion Advisory Committee held 13 April 2015

3. Brand Nillumbik Marketing Advisory Committee held 20 April 2015

4. Living & Learning Nillumbik Advisory Committee held 22 April 2015

5. Recreation Trails Advisory Committee held 23 April 2015.

Attachments

1. Environment Advisory Committee minutes 1 April 2015

2. Inclusion Advisory Committee minutes 13 April 2015

3. Brand Nillumbik Marketing Advisory Committee minutes 20 April 2015

4. Living & Learning Nillumbik Advisory Committee minutes 22 April 2015

5. Recreation Trails Advisory Committee minutes 23 April 2015


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11. Reports of Special Committees

Policy and Services Committee

PS.023/15 Submissions on the annual review of the Council Plan 2013-2017

File: 25/10/001



Author: Naomi Ellis, Corporate Planner

Summary

Under section 125(7) of the Local Government Act 1989 (the Act), Council is required to at least once in each financial year consider whether the current Council Plan requires any adjustment in respect to the remaining period of the Plan.

As a result of this year’s review, it is proposed that six of the existing Strategic Indicators be replaced with indicators from the Local Government Performance Reporting Framework, a mandatory reporting framework that came into operation on 1 July 2014.

At its Ordinary meeting in March 2015, Council approved the proposed adjustments to the strategic indicators for the purposes of community consultation for a 28 day period as required by the Act (Council report OCM.024/15).

On 1 April, Council advertised the proposed changes and invited submissions from the community. Submissions closed at 5pm on Wednesday 29 April, at which time one submission had been received.

The Policy and Services Committee on 12 May 2015 considered the submission. The submitter elected not to address the Committee with respect to their submission. No other community members requested to be heard on this matter either.

After considering the submission, and the proposed adjustments to the Council Plan strategic indicators, the Committee resolved that this report be presented to Council recommending that Council proceed with the adjustments as advertised.

Motion

That Council:

1. Notes that one submission on the proposed adjustments to the strategic indicators in the Council Plan 2013-2017 was received, and the submission was considered by the Policy and Services Committee on 12 May 2015.

2. Notes that the Committee supports the proposed adjustments (as advertised) to the strategic indicators in the Council Plan 2013-2017.

3. Considers the proposed adjustments to the strategic indicators in the Council Plan 2013-2017.


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12. Officers' reports

OCM.045/15 Draft Nillumbik Tree Management Policy and Tree Management Guidelines 2015


Manager: Conal Creedon, General Manager Infrastructure Services

Author: Simon Bonwick, Open Space Maintenance Coordinator

Summary

Trees are a vital part of Nillumbik’s urban and rural areas, underpinning the character of the Shire and its natural ecosystems. The Draft Nillumbik Tree Management Policy and Management Guidelines 2015 provide a framework for Council to manage trees in line with best practice and legislative requirements to maintain and enhance the Shire’s natural character and conservation values.

The Draft Policy and Guidelines details tree management services that Council will provide and the standard of service that will be delivered. The extensive tree population in the Shire estimated at 500,000 means that proactive maintenance of each tree is currently not financially viable. Therefore the Draft Policy and Guidelines has been developed to provide guidance for managing trees on a largely reactive basis, prioritising works using a risk based approach. Increased public concern about tree management particularly since the 2009 bushfires is a driver for adoption of the Draft Nillumbik Tree Management Policy and Tree Management Guidelines 2015 to deliver Council’s tree management in a consistent and transparent manner.

This report seeks Council endorsement for the Draft Nillumbik Tree Management Policy and Tree Management Guidelines 2015 being released for public consultation.

Recommendation

That Council:

1. Endorses the release of the Draft Nillumbik Tree Management Policy and Tree Management Guidelines 2015 for public comment and consultation.

2. Notes and endorses the consultation process outlined in the report.

3. Receives a further report with the results of the public consultation.

Attachments

1. Draft Tree Management Policy 2015

2. Draft Tree Management Guidelines 2015

Background

1. The purpose of this report is to inform Council about the development of the Draft Nillumbik Tree Management Policy and Tree Management Guidelines 2015 and seek Council endorsement for release for public consultation.




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2. Trees are a vital part of Nillumbik’s urban and rural areas, underpinning the character of the Shire and its natural ecosystems. A policy provides a framework for Council to manage trees in line with best practice and legislative requirements to maintain and enhance the Shire’s natural character and conservation values.

3. A draft Nillumbik Tree Policy and Management Guidelines was adopted by Council in 2008 and made available for public consultation. However, it did not receive final endorsement due to the diversion of resources into the response to the 2009 bushfires.

4. Since 2008, trees in the Shire have been managed in line with the general tree management principles of the existing draft Nillumbik Tree Policy and Management Guidelines.

5. Public awareness and concern regarding tree management in the Shire has significantly increased since the 2009 bushfires. The number of tree related requests also rose significantly and since 2011 has remained fairly constant ranging from 1,550 to 1,600 requests annually. This increase in requests supports the need to finalise and adopt the Draft Nillumbik Tree Management Policy and Tree Management Guidelines 2015 to ensure Council maintains a consistent approach to tree management throughout the Shire.

6. The draft Nillumbik Tree Policy and Management Guidelines 2008 has been reviewed and updated to include legislative and procedural changes that have occurred since 2008 including:

a) Management of trees along roads post February 2009 bushfires

b) Council’s significant investment in tree management for fire prevention purposes as a result of consultation with State and local emergency services

c) Changes to the Electric Line Clearance regulations in 2010

d) A risk management approach to maintaining the existing tree population based on legal advice following recent common law decisions

e) A native fauna management process for potential habitat trees

f) Planting and maintenance of trees in Council reserves.

7. The existing draft Nillumbik Tree Policy and Management Guidelines 2008 has been reviewed and separated into two documents, a Tree Management Policy and Tree Management Guidelines. The Policy provides high level strategic direction for tree management while the Guidelines provide detailed processes of how Council will implement the policy.

Policy context

8. This report directly supports the achievement of Council Plan 2013-2017 strategy:

We will work to protect the Shire’s biodiversity and ensure that ecosystems are healthy, resilient, productive and connected across the landscape.




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Budget implications

9. The 2014-2015 Open Space Maintenance budget for tree management is $1.33 million.

10. There are no financial implications associated with the preparation of this Policy.

11. The Policy has been developed to operate within the existing tree management budget.

Consultation/communication

12. Internal consultation has been undertaken with Statutory Planning, Environmental Works, Environmental Services, Emergency Management, Infrastructure Services, Leisure Services, Community Services and Social Development and Risk Management.

13. The proposed consultation process following adoption will involve public notification for review and comments, presentations to interested community groups and a review of the document from a legal representative to ensure alignment with recent common law decisions regarding public risk and liability.

14. It is proposed that the community consultation process for the Draft Policy and Guidelines include:

a) The general community will be invited to respond via an advertisement placed in the Diamond Valley Leader on 17 June 2015 and Council’s website and through Council’s social media on 17 June 2015.

b) The consultation period for the Draft Policy and Guidelines will be for a month, commencing on Wednesday 17 June 2015 and closing Friday 17 July 2015.

c) Feedback will also be sought via a targeted mail-out to active community representatives, including the Landcare and Friends groups and presentations to interested groups including the Nillumbik Environment Advisory Committee and the Nillumbik Landcare Network, Friends of Nillumbik and Eltham Gateway Action Group.

15. Following the consultation a report will be presented to Council outlining feedback from the community consultation and seeking adoption of the revised document.

Draft Nillumbik Tree Management Policy and Management Guidelines 2015

16. Trees are an important characteristic of Nillumbik and the policy acknowledges this through the management of trees for public safety, conservation and tree health. The Draft Nillumbik Tree Management Policy and Tree Management Guidelines 2015 also aims to create an increase in the quality and quantity of trees across the Shire through various tree planting (streets and reserves) programs.

17. The objectives of the Draft Policy and Guidelines are to:

a) Maintain and enhance Nillumbik’s tree population on Council managed land to maximise benefits to the environment and the community, contributing to a gain in quality and quantity in native vegetation across the Shire.




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b) Meet all relevant legislative requirements and apply consistent management practice.

c) Minimise and manage risks to the community within Council’s legal responsibilities and capacity to deliver tree services as far as reasonably practical.

d) Engage the community in the management and restoration of Nillumbik’s urban and rural environment.

18. The Draft Policy and Guidelines provide an agreed set of service standards to manage trees in the Shire given legal obligations, public safety and preservation of Nillumbik’s rich and diverse natural environment.

19. Council is responsible for managing an estimated 500,000 trees on reserves, roadsides and other council owned or managed properties calculated on percentage tree density data from the Victorian Department of Environment, Land, Water and Planning.

20. The key limitation for tree management in the Shire is the large number of trees on Council owned or managed land, making it financially unviable to physically manage each tree individually.

21. The 2014-2015 budget for tree management is $1.33 million, therefore it is not possible for Council to comprehensively manage all of its trees within the current budget. For this reason tree inspections and works are prioritised using a risk based system. The tree risk is assessed based on tree health, structure, age, and size, its proximity to an asset and the likelihood/frequency of public using the area around a tree.

22. The Draft Guidelines then outline how trees are then proactively and reactively managed through the following activities or programs:

Box clearance

Tree inspections

Tree planting (reserves and streets)

Hazard tree management

Tree maintenance (pruning, removals)

Electric line clearance

23. The Draft Guidelines require tree inspections to be undertaken by a qualified arborist using accepted industry standards for tree assessment such as Quantified Tree Risk Assessment (QTRA).

24. The majority of tree maintenance works undertaken by Council are reactive, responding to internal and external service requests. Reactive requests are assessed and prioritised into three categories; urgent/emergency works, non-urgent and no works required. Each of these categories then has a related timeframe for customer response and action.




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25. Proactive tree management is undertaken to meet statutory obligations and to enhance neighbourhood character and conservation values. Proactive works include:

Electric line clearance in the declared areas for which Council is responsible as required by the Energy Safe (Electric Line Clearance) Regulations 2010

Box clearance and hazard tree works on priority roads

Whole street tree planting

26. The Draft Policy and Guidelines commit to the ongoing management of electric line clearances in the declared area as directed by Council’s Electric Line Clearance Plan 2015 and the Energy Safe (Electric Line Clearance) Regulations 2010 and any succeeding regulations.

27. The box clearance program outlines proactive and reactive maintenance of clearance space around a road for the safety of road users, to improve access and egress and to provide an unobstructed passage for large vehicles. The Nillumbik Fire Management Plan identifies a proactive program of box clearing works on priority roads while service requests (internal and external), road hierarchy, local knowledge and length of time since the works were last completed are used to prioritise reactive box clearing works on other roads.

28. The Draft Guidelines have been updated to include a fauna management procedure for trees that may provide habitat for native fauna. The procedure aims to retain trees for habitat in reserves and along rural roads and roadsides. It also details a habitat assessment process to be followed when pruning or removal of trees is required to minimise the impact on native fauna.

29. The Draft Guidelines detail street tree and reserve planting programs using predominately indigenous trees to maintain the Shire’s largely indigenous tree characteristic. The Guidelines have provisions for the use of native and exotic trees if indigenous species are inappropriate for the planting location and where the Neighbourhood Character Precinct allows the use of non-indigenous species.

30. The Draft Policy will be reviewed in five years but the Guidelines may change on a more frequent basis in response to environmental conditions, legislative changes, government policy, customer feedback and best practice management.

Conclusion

31. The Draft Nillumbik Tree Management Policy and Tree Management Guidelines 2015 provide a clear and consistent approach to the delivery of tree management services on Council owned or managed land. The Policy commits Council to managing trees for public safety, meeting legislative requirements and to maintain and enhance the existing tree population and its conservation values.

32. Consultation and comments from internal staff have been obtained and incorporated into the draft Policy with the next phase being the release of the endorsed Policy and Guidelines for public consultation and comment.

33. Upon completion of the community consultation and any consequent changes to the Plan, a further report will be provided to Council seeking adoption of the final Nillumbik Tree Management Policy and Tree Management Guidelines 2015.


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OCM.046/15 Endorsement of the Temporary Community Event and Information Sign Policy

File: 35/40/001


Manager: Chad Griffiths, Manager Strategic and Economic Planning

Author: Karen Bayly, Senior Strategic Planner

Summary

The Erection of Temporary Signs for Community Events on Road Reserves and Council Property Policy guides decision making under the Amenity Local Law for temporary signage on Council land.

On a number of occasions tension has arisen between the promotional objectives of those organising community events and other policy objectives of Council, particularly character and amenity objectives in sensitive locations. Council Plan 2013-2017 acknowledges the importance of both objectives.

Accordingly in August 2013 Council resolved to review the policy to resolve that tension at a policy level to provide for consistent decision making for signage applications, and the achievement of multiple community policy objectives.

Having reviewed demand for signage, practices at other municipalities and safety concerns arising from siting on roadsides, a revised policy has been prepared for the purpose of public consultation, which is now entitled ‘Temporary Community and Information Sign Policy’.

The revised policy proposes to expand the capacity for community event signage through-out the municipality, remove the ability to place signage in non-approved locations, and proposes the creation of new forms of signage including banners in commercial areas, and multi-sign displays. The cumulative effect of these proposed changes are to better cater to demand and provide for more equitable access to signage locations between community organisations.

Given the community interest in the display of signage, it is recommended that the revised policy be placed on public exhibition and submissions invited from interested citizens and groups.

Recommendation

That Council:

1. Receives and notes the draft Temporary Community Event and Information Sign Policy.

2. Endorses the draft Temporary Community Event and Information Sign Policy for the purposes of public consultation.

Attachments

1. Draft Temporary Community Event and Information Sign Policy'




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2. Map of temporary community event sign locations Eltham

3. Map of temporary community event sign locations Diamond Creek

4. Map of temporary community event sign locations excluding Eltham and Diamond Creek

5. Table comparing existing and proposed policies

6. Existing Diamond Creek banners

7. Proposed multi panel sign

Background

1. On 13 August 2013 the Policy and Services Committee resolved to review the Erection of Temporary Advertising Signs for Community Events on Roads Reserves and Council Property Policy.

2. Council’s Amenity Local Law requires a permit for temporary signage on Council land. The policy which guides decision making under the local law sets out nominated or ‘approved’ locations for roadside signage and currently provides quite wide discretion that allows for consideration of signage elsewhere.

3. Over time the application of this policy has revealed a number of tensions, such as balancing the objectives of enhancing community vitality and wellbeing on the one hand and protecting the valued characteristics of an area and road safety considerations on the other. Other identified issues include the popularity and demand for some locations exceeds the availability to display all requests for signage, which in turn can lead to inequalities between larger, better organised groups and smaller groups.

4. It needs to be noted that signage on private land is guided by the Nillumbik Planning Scheme and not the local law and associated policy being discussed within this report.

Policy context

5. This report directly supports the achievement of Council Plan 2013-2017 strategies:

We will plan so that any development is sympathetic to the Shire’s unique heritage and protects neighbourhood character and our tree canopy.

We will partner with local businesses and groups to promote Nillumbik as a unique destination for nature, recreation, culture, food and wine.

Budget implications

6. In order to fully implement the policy, additional infrastructure in the order of $100,000 would be required from the capital works budget in future years.




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7. As a next step, consultation will be undertaken with VicRoads, groups who regularly request temporary signs and other stakeholder groups concerned with character and signage issues. It is proposed to consult extensively on the policy for a period of two months. Consultation will allow VicRoads; frequent users, including Council Units which utilise roadside signage, to provide feedback on whether the revised policy and locations for signs would satisfy their requirements; while allowing other community groups the opportunity to outline any concerns regarding the amenity of the area. Submissions will then be reported to a Policy and Services Committee meeting, with any suggested policy revisions, prior to adoption of the final policy.

Issues/options

8. A revised policy has been prepared which seeks to formalise roadside signage and provide sufficient capacity at nominated locations to meet historic levels of demand. The draft policy increases opportunities for signage in nominated locations, broadens the types of signs permissible and seeks to remove the discretion to consider other types of signage or signage outside approved locations. A hierarchy of signage is proposed as follows:

Banner poles in the main three town centres which could be utilised for Council run, Council sponsored or Shire-wide events.

‘What’s On’ signage frames at five locations of highest demand, making provision of up to four signs at any one time.

In-ground sleeves for ‘real estate’ type signage elsewhere (16 sites), ensuring signs are erected in a position which meets the road safety requirements of VicRoads and Council.

9. The draft policy is at Attachment 1. A table comparing the existing and proposed policies is at Attachment 5.

Major event signage

10. The review has identified that major Shire-wide events are placing an average of 12 signs per event outside of approved locations. The current policy primarily provides for ‘commercially sponsored signs’ in approved locations, with banners being considered on their merits. For shire-wide events the current policy permits six signs per event. Shire-wide events listed in the current policy are the Eltham Festival, Diamond Creek Rotary Town Fair, festivals organised by government agencies or organisations, Warrandyte Festival, Senior Citizens’ Week Activities, Nillumbik Festival of the Arts, Leisure/Recreational Events and Pet Expo. Council’s Practically Green Festival has been added in the revised policy and the discontinued Landcare Network events and Fire Expo have been deleted. The current Policy states that all signs may be erected 14 days prior to the event and must be removed within three days following the event.




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11. There is demonstrated demand from organisers of Shire-wide events to make use of banners and erect more signage than the current policy permits. Nillumbik Shire Council is currently approving approximately 30 signs per year for community events run by community groups, outside the current nominated locations, and many other signs erected without permission.

12. The draft revised policy proposes installation of banner poles in major town centres to assist in giving prominence to major events. There is an existing set of four banner poles in the Diamond Creek Town Centre. The poles are the size of flag poles and a flagpole type mechanism is used to install and remove banners. These poles were installed by Nillumbik Shire Council at a cost of approximately $20,000 for the set, inclusive of installation. They are currently managed by the Diamond Creek Traders Association and are unused much of the time. The revised signage policy envisages that management of these banner poles could be handed back to Council and similar poles be erected, in locations to be selected with input from the community, on the main streets of Eltham and Hurstbridge (a photograph of the existing Diamond Creek banners is at Attachment 6).

13. This would resolve the existing ad hoc approach to the use of banners and give greater prominence to signage for premier community events. The current policy allows signs to be put up 14 days prior to an event, which is not proposed to change. For events like Council’s Practically Green Festival and Pet Expo and Rotary’s Eltham Town Festival, a set of four banners could be erected in all three locations for the fortnight before the event, giving these events the prominence they are seeking.

14. There is also an issue that major events, both Council and community run, are displaying more signage than the existing policy allows. The current policy allows six signs for major events. Typically such events are displaying up to 12 signs. The Rotary Eltham Town Festival currently displays banners in eight locations.

15. The revised draft policy suggests increasing the number of signs permitted for major events, from six to eight. The policy defines each set of four banners as a single sign. By using banner pole locations, major events could display up to 17 signs in total (four banners in each of the three locations plus five other signs). This level of signage is comparable to that permitted in like municipalities.

Frequent events

16. Another issue to be resolved is signage for frequent events such as markets which run monthly or more frequently. The current policy allows three signs per event. Other metropolitan fringe municipalities have quite restrictive signage policies for markets. For example, Mornington Peninsula Shire Council allows one sign per market and this sign is only permitted in the same township where the market is being held. Whittlesea Council permits only two signs per event, regardless of event type and frequency. The revised draft policy does not differentiate the number of signs permitted for markets in comparison to any other non-Shire-wide event, nor restrict which signage locations may be used.




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17. In the revised draft policy the only differentiation between market signage and signage for other events, is the amount of time signage may be displayed. The time period suggested in the draft policy is based on current practice. The policy provision of four signs per market, whist more limiting than current practice is considered reasonable in comparison to like municipalities.

High demand locations

18. Feedback from Council staff who receive and process temporary event signage applications, as well as anecdotal feedback from community groups, is that smaller groups are having difficulty competing for signage spaces at approved locations. To avoid signage clutter, the current policy allows only one sign at each approved location. Signage locations are allocated on a first in first served basis. Frequent and recurring events lodge their applications well in advance of their events, so when smaller community groups come to Council there are no approved locations available for their signage.

19. The revised draft policy seeks to address this issue by proposing the installation of multi panel signs at locations of high demand. Two such signs are suggested within Diamond Creek and two within Eltham and one within Hurstbridge, which would cater to historic levels of demand for these locations. Analysis of signage applications permit activity over recent years shows that there is not a demonstrated demand for this type of signage elsewhere.

20. The proposed multi panel sign would be of high quality and constructed with materials which suit the Nillumbik landscape context, including heavy timbers and natural materials. The proposed sign would be surrounded by low lying indigenous vegetation and designed to read as a sculptural object when not in use.

21. The sign provides for the insertion of three corflute (plastic cardboard) panels and a small horizontal banner. Each event would be permitted to display only one sign at each multi panel location, as the purpose of these signs is to allow multiple groups to display signage at the most popular locations.

22. An example of the proposed multi frame sign is at Attachment 7. This sign has been costed at approximately $5,000-10,000.

23. The revised policy also seeks to give smaller groups more opportunities to promote their events through the use of roadside signage, by increasing the number of approved locations, detailed further below.

Signage locations and road safety

24. It is proposed to increase the number of approved locations across the Shire from 14 to 24. Analysis of historic applications has shown popular, high demand locations within Diamond Creek and Eltham. Accordingly it is proposed to create some additional approved locations within these areas.

25. Ten new signage sites have been included in the revised policy. These additional sites are those that are frequently approved as ‘other’ locations or seek to formalise ad hoc placement of signage. Whilst this may seem to be a significant increase in signage, it simply formalises the signage locations which are already in frequent use.




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26. Five new sites are proposed in Diamond Creek, which are:

North east corner of Main Street and Collins Street, Diamond Creek

Main Hurstbridge Road (near The Rise), Diamond Creek

North east corner of Allendale and Ryans Road, Diamond Creek

West side of Main Hurstbridge Road, Diamond Creek adjacent to Community Bank Stadium

Banner poles on the southern side of Main Hurstbridge Road, opposite Elizabeth and station streets.

27. Four new sites are proposed in Eltham, which are:

Southern corner of Main Road and Park West Road, Eltham

Bridge Street, Eltham between Susan Street and the bridge

Roadside trading area, corner of Falkiner Street and Main Road, Eltham

Banner poles on the western side of Main Road within the town centre.

28. One new site is proposed in Hurstbridge, namely banner poles within the town centre, on Heidelberg-Kinglake Road.

29. One site has been provided for Yarrambat which has not previously had a pre-approved site. This site is on the north east corner of Ironbark and Yan Yean Road, Yarrambat, in a location where existing demand for signage exists.

30. The revised draft policy also proposes removal of two existing locations. The existing location on the west side of Yan Yean Road, between Memorial Drive and Howell Road, Plenty is consistently underutilised. The existing approved location on Kangaroo Ground-Warrandyte Road, North Warrandyte poses safety concerns for installation due to topography.

31. These locations reflect the level of demand for signage in the different parts of the municipality. It is noted that for most townships there is only one approved location within both the existing and proposed policies. Analysis of current permit activity shows a demand for 8-12 roadside signs in total, per township, per year in Wattle Glen, Panton Hill, St Andrews, Kangaroo Ground and North Warrandyte.

32. Maps showing locations for Temporary Community Event and Information Signs within the existing and draft revised policy are at Attachments 2-4.

33. The suitability of these sites from the perspective of driver safety was sought from VicRoads on 16 January 2015. All locations will be confirmed during the consultation period, but it is anticipated that an appropriate location can be identified in close proximity to the locations proposed.

34. VicRoads has expressed concern with allowing groups to self-install signs at approved locations as often the signs are positioned in a manner which raises traffic safety concerns. VicRoads has requested that Council install in ground sleeves at approved locations. This has been included within the revised draft policy.




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Conclusion

35. The research conducted to date has focused on identifying the issues with the current policy, quantifying demand for different types of signs, and examining practices in other municipalities. This information has been used to prepare the draft ‘Temporary community event and information signs policy’.

36. The next step will be consultation with groups who regularly request temporary signs and other stakeholder groups concerned with character and signage issues. It is proposed to consult on the policy for a period of at least 2 months, and consider any issues raised.

37. All submissions will then be reported to a Policy and Services Committee meeting, allowing submitters to talk to their concerns, and for Council to make any variations to the policy to respond to submitters concerns, prior to adoption of the final policy.


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OCM.047/15 Amendment C103 - 15 Lotus Court, Diamond Creek

File: 40/11/103


Manager: Chad Griffiths, Manager Strategic and Economic Planning

Author: Alison Fowler, Senior Strategic Planner

Summary

Council has received a request from Melbourne Water to rezone 15 Lotus Court, Diamond Creek and remove the reserve status of the land to enable its disposal. The land was reserved as part of the subdivision of the local area by Melbourne Water for the purpose of a water pumping station. However, advancements in water technology have led to the site no longer being required for this purpose.

Amendment C103 specifically proposes to rezone the land from Public Use Zone 1 to General Residential Zone and also seeks a planning permit to remove the reserve status of the land.

The request to rezone the site and include in the General Residential Zone is considered to be appropriate, given that land surrounding the site is included within this zone.

This report recommends Council seeks authorisation from the Minister for Planning to commence Amendment C103 to the Nillumbik Planning Scheme.

Recommendation

That Council:

1. Requests authorisation from the Minister for Planning in accordance with section 9 of the Planning and Environment Act 1987 to prepare Amendment C103 to the Nillumbik Planning Scheme.

2. Places Amendment C103 on public exhibition on receipt of authorisation from the Minister for Planning.

Attachments

1. Aerial Map

2. Zone Map

Background

1. Council received a request from Civic Ways Planning on behalf of Melbourne Water on 23 March 2015, requesting the rezoning of land at 15 Lotus Court, Diamond Creek and a planning permit application to remove the reserved for water purposes status of the land. An aerial photograph of the site is at Attachment 1.

2. The land was reserved as part of the subdivision of the local area by Melbourne Water for the purpose of a water pumping station. However, advancements in water technology have led to the site no longer being required for this purpose.




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3. As a result, Melbourne Water is seeking to rezone the land and remove the reserve status to enable its disposal. The proceeds of the sale of the land will go towards other Melbourne Water service delivery programs.

Policy context


We will promote appropriate development in the right locations to increase the diversity of housing options for Nillumbik residents.

Budget implications

5. Provision for officer time for the preparation of planning scheme amendments has been made within the 2014-2015 Strategic Planning work program.

6. All costs associated with the amendment (fees, advertising, Panel – if required) will be paid by Melbourne Water.


7. It is proposed to publicly exhibit Amendment C103 for one month. Consultation will include:

Notification to all affected property owners and occupiers and prescribed government authorities.

Notice in the Diamond Valley Leader and Government Gazette.

Notification on Council’s website

8. Following public exhibition, a report will be prepared for Council regarding any submissions received.

The site

9. The land is located on the corner of Lotus Court and Hillingdon Drive, Diamond Creek and has an area of 532 square metres. The land is relatively flat and contains several planted native trees generally under 10 metres high. The trees have no individual environmental or historical significance.

10. A small electricity substation adjoins the land and is on its own title. The substation land will remain in the Public Use Zone 1.

Proposed Amendment C103

11. The amendment proposes to:

Rezone 15 Lotus Court, Diamond Creek from Public Use Zone 1 – to General Residential Zone.

Seek a planning permit for the removal of the reserve status for water supply purposes from the land in accordance with the requirements of section 24A of the Subdivision Act 1988.

Proposed rezoning

12. The amendment proposes to include the land in the same zone that applies to the surrounding land, being the General Residential Zone (GRZ). A zoning map of the area is at Attachment 2.




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13. No planning scheme overlays apply to the site. The surrounding GRZ land is included within the Garden Court 3 Neighbourhood Character Brochure. These guidelines, in conjunction with the Neighbourhood Character Policy within the planning scheme, require new development to be sited so that it nestles into the landform and surrounding vegetation. Buildings should maintain the pattern of orientations and setbacks of adjoining properties and the streetscape.

14. The policy also requires that any future development should seek to achieve the following design objectives:

To maintain the existing mix of native and exotic vegetation including canopy trees and understorey.

To maintain and enhance the continuous flow of the garden settings and the openness of the front boundary treatment.

15. Under the GRZ no planning permit is required to construct a single dwelling on the site, but a permit would be required for a medium density housing development.

Proposed planning permit

16. Clause 52.02 – Easements, Restrictions and Reserves of the Nillumbik Planning Scheme specifies that a planning permit is required before a person proceeds under section 24A of the Subdivision Act 1988 to remove a reservation from land set aside as a reserve on a certified and registered plan.

17. Council may subsequently certify a plan removing a reservation if the applicant satisfies that the land is no longer required for the purpose for which it is currently reserved or used.

Conclusion

18. Amendment C103 proposes to rezone and remove the reserve status of land in Melbourne Water’s ownership to enable its disposal.

19. The request from Melbourne Water to rezone the site and include in the General Residential Zone is considered to be appropriate, given that land surrounding the site is included within this zone.

20. It is recommended that Council seeks authorisation from the Minister for Planning to commence Amendment C103 to the Nillumbik Planning Scheme.


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OCM.048/15 Pioneer Road Special Charge Scheme, Yarrambat - intention to declare

File: P/043



Author: Aashish Pandey, Engineer

Summary

Council received a petition on 1 April 2014 from property owners in Pioneer Road, Yarrambat (between Ironbark Road and Seymour Drive), requesting this road be sealed.

After conducting a survey and determining that 60 per cent of property owners supported road sealing, Council resolved on 29 July 2014 to proceed with the consultation process for the Pioneer Road Special Charge Scheme, Yarrambat (Item OCM.085/14).

Council officers have held information sessions and task group meetings, including one on site, in line with Council’s policy for Special Charge Schemes. The final information session for all interested property owners involved in the scheme was held on 29 April 2015.

The next stage in the Special Charge Scheme process is for Council to give notice of its intention to declare a Special Charge Scheme for Yarrambat. This allows any affected person to make a submission or objection before Council decides on levying the Special Charge.

Recommendation

That:

1. Council gives notice of its intention to declare a Special Charge Scheme in accordance with Part 8 of the Local Government Act 1989, for the construction of the Pioneer Road, Yarrambat (between Ironbark Road and Seymour Drive) subject to the following conditions:

a) The Special Charge Scheme shall apply to the properties in Pioneer Road, Yarrambat as shown in Attachment 1.

b) The apportionment cost to each property is based on the method shown in the report and Attachment 3.

c) The total estimated cost to each property is shown in Attachment 2 and may be paid as a lump sum or by quarterly instalments over a 10 year period with interest as provided by section 163(1)(b) of the Local Government Act 1989.

d) The interest rate applicable to instalments paid by each due date is to be one percent higher than the rate applying to Council in relation to funds borrowed for this project.

2. The Special Charge Scheme for Pioneer Road, Yarrambat, shall remain in force for 10 years.




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3. Within 12 months of the completion of works a final cost statement will be issued to all properties in Pioneer Road, Yarrambat and any adjustment to liabilities will be made at the time.

4. The estimated total project cost is $370,916.73 with a benefit ratio of ‘one’ (100 per cent). The total amount to be levied under this Special Charge is $370,916.73.

Attachments

1. Properties included in Proposed Scheme

2. Apportionment to Affected Properties

3. Guidelines for Apportionment of Costs for Road Construction

Policy context


We will provide a safe and accessible network of local roads, footpaths and trails.

Budget implications

2. Council has incurred costs for investigating the level of support for construction, survey and design which has been incorporated in the current budget. If a scheme proceeds these costs will be recovered when the charge is levied.


3. Consultation has been carried out in line with Council’s Special Rates and Charges Policy and Procedure. This involved questionnaires being sent to property owners included in the scheme to investigate the level of support for road construction on 27 May 2014.

4. An information session was held for the property owners involved in the scheme on 9 October 2014.

5. Task group meetings were held on 11 December 2014 and 18 March 2015.

6. A final information session for all property owners in the scheme was held on 29 April 2015 and was attended by 10 property owners.

7. This report commences the statutory process to levy the special charge. Council must first give notice of its intention to declare a special charge and hear any submissions and/or objections to the scheme. Following this, Council may resolve to declare, vary or abandon the scheme.

Issues/options

8. Following receipt of a petition from property owners to seal Pioneer Road, Yarrambat (between Ironbark Road and Seymour Drive), it was determined that the overall level of support for sealing the road was 60 per cent, representing nine out of 15 properties.




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9. At its meeting on 29 July 2014 Council resolved to proceed with consultation for the Pioneer Road Special Charge Scheme (Item OCM.085/14).

10. Following Council’s resolution to proceed with the scheme, an information session for all property owners was held on 9 October 2014 to discuss the proposed design and the remainder of the Special Charge Scheme and consultation procedure.

11. A task group was formed following the information session. The task group met with Council officers on 11 December 2014 and 18 March 2015 to develop the proposed design.

12. The proposal for Pioneer Road Special Charge Scheme is a rural construction standard with open table drains and a spray seal surface. This standard is considered appropriate as property sizes are greater than 0.4 hectare and are considered able to absorb storm water on site.

13. This proposed design was presented at a final information session held on 29 April 2015 and was attended by 10 property owners. The final estimated cost of the project has increased by approximately 17 per cent due to modifications to the project. These modifications included widening of the road at different sections, sealing of the table drains, constructing kerb and channel on some widened corners and installing additional signage and linemarking.

14. Consultation with property owners has shown a preference for a standard of construction that is wider than the current road. Through some sections of road, Council engineers have been able to accommodate this preference in the design, however the road is predominantly designed along the existing road alignment to the existing width.

15. The special benefit of the road construction is considered to be improved access and amenity to property owners and the residents in the scheme. There is no Council land, or Crown land within the scheme and the standard of the road will not need to increase beyond the normal residential standard in the area. Considering this, it has been determined that there is no special benefit to the community and no special benefit to properties not included in the scheme. Therefore, the benefit ratio is ‘one’ (100 per cent).

16. There is one school within the scheme which has been apportioned a liability based on the method shown in the report and Attachment 3. While the land is non-rateble, Council may still levy a special charge to the property for the purpose of street construction, in accordance with section 221(3) of the Local Government Act 1989.

17. The next stage in the process for the Pioneer Road Special Charge Scheme is for Council to commence the statutory process by giving notice of its intention to declare the scheme.

Appeal rights

18. Property owners have two further avenues for input during the statutory process.




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19. The first is when Council serves notice of its intention to declare a Special Charge Scheme for Pioneer Road. At this time:

Any person may make a submission in accordance with section 223 of the Local Government Act 1989 in relation to Council’s proposal to declare a scheme.

Any person required to pay the special charge may object to the proposed declaration. If objections are received from more than 50 per cent of affected properties, Council will not be able to proceed with the scheme.

20. The second opportunity is when Council formally declares a Special Charge Scheme for Pioneer Road, property owners will have the right to appeal to the Victorian Civil and Administrative Tribunal (VCAT).

Apportionment method

21. The apportionment of costs for the scheme is based on 75 per cent for benefit and 25 per cent for frontage. A more detailed explanation of the apportionment can be found in Attachment 3.

Conclusion

22. The consultation process for the Pioneer Road Special Charge Scheme has been completed in line with Council’s Special Rates and Charges Policy and Procedure. This included questionnaires to establish the level of support for road construction, two information sessions and two task group meetings, including one onsite meeting.

23. The next stage in the process is for Council to commence the statutory process by resolving to issue a notice of intention to declare the scheme, publicly advertise the intention to declare the scheme and notify all affected property owners.


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OCM.049/15 Community Engagement Policy

File: 15/65/019



Author: Allison Watt, Manager Governance and Communications

Summary

The Community Engagement Policy (Attachment 1) has been developed as Council’s public commitment to providing good governance and the delivery of high quality local services by fostering democratic representation, social inclusion and meaningful community engagement with its citizens.

The Community Engagement Policy replaces the one-page Community Consultation Charter which was adopted by Council in November 2007 (Attachment 2).

The policy will be supported by an internal working document or ‘how to’ guide which will provide guidance and take staff through the relevant steps in developing a community engagement plan.

The ‘How to’ guide will replace the Community Consultation Framework which has not been updated for some years.

Both the policy and the ‘how to’ guide have been developed by an internal working group, using the best practice approach used around the world by IAP2

Recommendation

That Council adopts the Community Engagement Policy (Attachment 1) as its public commitment to providing good governance and meaningful community engagement with its citizens.

Attachments

1. Community Engagement Policy

2. Community Consultation Charter

Background

1. Council is presented with the Community Engagement Policy (Attachment 1).

2. It is intended that the policy become Council’s public commitment to providing good governance and the delivery of high quality local services by fostering democratic representation, social inclusion and meaningful community engagement with its citizens.

3. It is a short document which details:

A definition of community engagement using the International Association of Public Participation (IAP2) Public Participation Spectrum




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A statement of Council’s commitment to community engagement

Community engagement principles

The issues Council will engage on

An infographic about how Council will develop a community engagement plan.

4. The Community Engagement Policy replaces the one-page Community Consultation Charter which was adopted by Council in November 2007 (Attachment 2).

5. The policy will be supported by an internal working document or ‘how to’ guide which will provide guidance and take staff through the relevant steps in developing a community engagement plan.

6. The ‘How to’ guide will replace the Community Consultation Framework which has not been updated for some years.

7. Both the policy and the ‘how to’ guide have been developed by an internal working group, using the best practice approach used around the world by IAP2.

8. Both documents are also consistent with the online community engagement toolkit developed for rural, remote and indigenous communities by the Australian Centre for Excellence in Local Government in 2014.

Policy context


We will involve the community in our decision-making through public participation and representation and we will keep them informed through frequent and effective communication.

Budget implications

10. The development of the Community Engagement Policy and the ‘how to’ guide for staff involved internal staff time which was met within existing operational budgets.

11. Future community engagement processes, whether small or large, will need to be adequately resourced and project officers should ensure that the costs are met within project, new initiative or operational budgets.


12. The Community Engagement Policy, supported by an internal working document for staff on designing community engagement processes, strengthens Council’s existing commitment to seek input from the community on issues which affect them.

Issues/options

13. Community engagement is about involving the community in decisions which affect them.

14. It is critical in the successful development and implementation of acceptable policies and decisions and for improving services by being responsive to the community.

15. Council adopted a Community Consultation Charter in November 2007 as its public commitment to the Nillumbik community that it will facilitate open, fair and constructive consultation.




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16. There have been many changes to community engagement or public participation since 2007, particularly with the advent of the internet and social media which has enabled the community to have faster, quicker access to information and to engage with Council on day-to-day and broader issues.

17. There is also a greater expectation from citizens that they are given an opportunity to have a say on issues which affect them.

18. Council will achieve its commitment to inclusive and effective community engagement by adhering to this policy to guide efforts to enhance the planning and delivery of Council services and programs.

19. The policy will not prevent Council from engaging with the community in addition to any statutory timeframes, provided legal timeframes are met.

20. Community Engagement does not necessarily mean achieving consensus. However, it does involve seeking broad, informed input into the decision-making process and the best possible solution for Council and the community.

Conclusion

21. It is recommended that the Community Engagement Policy be adopted and made publicly available on Council’s website.


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OCM.050/15 Rate Capping Community Engagement Plan

File: 10/30/001




Summary

This report considers a community engagement process regarding the prioritisation of Council services and infrastructure under a rate capping framework.

At the Ordinary Council Meeting on 24 March 2015, Council agreed to receive a further report in May on a proposed community engagement strategy on the rate capping issue.

The State Government has announced that a rates capping framework will be introduced for Local Government in 2016-2017. The proposed framework will cap rate increases to CPI, unless a council obtains an exemption from the Essential Services Commission (ESC). An application for an exemption must have demonstrated community support.

The State Government’s plan to limit annual rate increases to CPI will have a significant impact on Nillumbik, meaning that Council will need to review the range and standard of services and facilities it provides to the local community. For example, if rate increases were capped at 2.5 per cent, this would result in a budget shortfall of $11.5 million over the first five years. The shortfall would be $766,000 in the first year (or $33 per property), and would then increase by around $800,000 per year.

Council provides more than 100 services to the local community and manages more than $600 million worth of infrastructure assets in Nillumbik. Some Council services are subject to statutory requirements that are imposed upon Council by State Government legislation. Other services and infrastructure are provided by Council in response to local community needs.

Council plans for the delivery of services and infrastructure through a suite of more than 50 policies and strategies that have been adopted following community consultation, and each of these plans deals with specific issues. However, with the advent of rate capping, Council will need to develop a response which is informed by community priorities across the whole range of Council services.

It is proposed that Council engage with the local community to ensure that Council’s response to rate capping is well informed by an understanding of community views and priorities as well as being financially sustainable while still meeting the community’s needs over the short and long term. Council will engage with the community to:

Get community input into service planning and priorities

Determine whether the community wants Council to seek an exemption to rates capped at CPI in 2016-2017

A Community Engagement Plan (Attachment 1) has been developed and is presented for Council approval. This plan may be subject to some refinement as further information about the rate capping framework becomes available over the course of 2015.




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Recommendation

That Council:

1 Approves the Rate Capping Community Engagement Plan (Attachment 1)

2 Resolves that the Plan be implemented to ensure that Nillumbik’s response to rate capping is well informed by an understanding of community views and priorities.

Attachments

1. Rate Capping Community Engagement Plan

Background

1. The State Government has announced that a rates capping framework will be introduced for Local Government in 2016-2017. The proposed framework will cap rate increases to CPI, unless a council obtains an exemption from the Essential Services Commission (ESC). An application for an exemption must have demonstrated community support.

2. The State Government’s plan to limit annual rate increases to CPI will have a significant impact on Council, forcing it to review the range and standard of services and facilities it provides to the local community.

3. Council intends to engage with the local community to consider how Nillumbik should best respond to rate capping. This response will need to be financially sustainable while still meeting the community’s needs over the short and long term.

4. Council will engage with the community to:

Get community input into service planning and priorities

Determine whether the community wants Council to seek an exemption to rates capped at CPI in 2016-2017.

Policy context


We will involve the community in our decision-making through public participation and representation and we will keep them informed through frequent and effective communication.

Budget implications

6. An allocation of $25,000 has been made available in the draft 2015-2016 Budget to plan and implement the community engagement strategy about the rates capping issue.


7. This report details how Council intends to communicate, consult and engage the Nillumbik community about the State Government’s proposal to cap council rate increases to CPI, and the impact it will have on service delivery and infrastructure in Nillumbik.




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8. Council will use the community feedback to guide its decision-making when considering whether or not to seek an exemption to the CPI increase from the ESC.

Issues/options

9. Officers have prepared a Rate Capping Community Engagement Plan which outlines the following:

A description of the project

An assessment of why community engagement is required

The objectives and scope of the engagement

Stakeholder analysis

Tools to be used to engage

An action plan for the various stages of the community engagement

10. Council will deliver the community engagement process in conjunction with a professional external facilitator who is experienced in community engagement processes.

11. The majority of the community does not have a good understanding of the financial pressures facing Council or the complexities of rating. The community needs to be informed and educated about these issues if Council is to get informed answers to the questions it intends to pose as part of its consultation.

12. This Community Engagement Plan proposes to use a deliberative democracy method of engagement by establishing a panel of 100 community leaders and engage them in deliberation on the current financial, rating and service delivery issues facing Council. This will be achieved through a series of workshops involving presentations from officers and small group discussions to create informed and reflective public opinion.

13. This will take place over a series of workshops and the feedback from the community panel will then be taken out to the broader community for further discussion.

14. The role of Council officers during this process will be to provide information, answer questions and record the community feedback. The role of Councillors will be to observe, listen and to ultimately take the community’s views into consideration when making a decision about whether to seek an exemption from the ESC.

15. The Community Engagement Plan outlines how the community engagement will occur, and it is expected that this document will evolve throughout the year as further information about the rate capping framework is released by the ESC.

16. The dates and steps in the Community Engagement Plan are indicative. Council may need to adjust the process according to the nature of the community feedback during the early stages and depending on the recommendations in the ESC’s draft report which is due in July.

17. The Rate Capping Community Engagement Plan will be implemented alongside the separate process of Council providing feedback to the Essential Services Commission on its consultation paper and draft report.




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Conclusion

18. Council is committed to undertaking a comprehensive and robust engagement process with the Nillumbik community about the State Government proposal to cap council rate increases to CPI.

19. An understanding of the community’s views and priorities, particularly in the area of future service delivery and infrastructure, will be vital to ensure that Council makes well-informed decisions about this important community issue.


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OCM.051/15 Annual review of the Council Plan 2013-2017

File: 25/10/001




Summary

Under section 125(7) of the Local Government Act 1989 (the Act), Council is required to at least once in each financial year consider whether the current Council Plan requires any adjustment in respect to the remaining period of the Plan.

As a result of this year’s review, it is proposed that six of the existing Strategic Indicators be replaced with indicators from the Local Government Performance Reporting Framework, a mandatory reporting framework that came into operation on 1 July 2014.

At its Ordinary meeting in March 2015, Council approved the proposed adjustments to the strategic indicators for the purposes of community consultation for a 28 day period as required by the Act (Council report OCM.024/15).

On 1 April, Council advertised the proposed changes and invited submissions from the community. Submissions closed at 5pm on Wednesday 29 April, at which time one submission had been received.

The Policy and Services Committee on 12 May 2015 considered the submission (Committee report PS.023/15). The submitter elected not to address the Committee with respect to their submission. No other community members requested to be heard on this matter either.

After considering the submission, and the proposed adjustments to the Council Plan strategic indicators, the Committee resolved to recommend that Council proceed with the adjustments as advertised. A separate report from the Committee on its consideration of submissions is included in this agenda.

Having completed the statutory process, and considered the Committee’s report, it is now recommended that Council resolve to adopt the adjustments to the Council Plan.

Recommendation

That Council:

1. Adopts the proposed adjustments to the strategic indicators in the Council Plan 2013-2017 (as detailed in paragraph 20 of this report).

2. Forwards the updated Council Plan 2013-2017 to the Minister for Local Government.

3. Makes the updated Council Plan 2013-2017 publicly available on Council’s website and prints a small number of copies for interested citizens and other stakeholders.

4. Thanks the submitter and advises them of the outcome of the consultation process.




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Attachments

Nil

Background

1. In accordance with the Local Government Act 1989, councils must prepare and approve a Council Plan within six months of a general election or by the next 30 June, whichever is later. A Council Plan articulates the elected Council’s statement of its priorities for the community over the four year life of the Plan, in response to the opportunities and challenges facing the Shire.

2. Councils then have a further requirement to at least once in each financial year consider whether the current Council Plan requires any adjustment in respect of the remaining period of the Council Plan.

3. The Act specifies a Council Plan must include:

The strategic objectives of the Council (the outcomes to be achieved)

Strategies for achieving the objectives for at least the next four years (how Council will work to achieve the strategic objectives)

Strategic indicators for monitoring the achievement of the objectives (how progress towards the objectives will be measured)

A Strategic Resource Plan (a four-year budget outlining how the strategies will be financed and resourced).

4. Nillumbik adopted its current Council Plan 2013-2017 at the Ordinary Council Meeting in June 2013, followed by a review in May 2014.

5. At the Ordinary Council meeting in March 2015, Council resolved to approve the proposed adjustments to the strategic indicators in the Council Plan and release them for community consultation as required by the Act.

6. One submission was received during the 28-day consultation period. It was considered by the Policy and Services Committee on 12 May 2015. A separate report from the Committee is included in this agenda.

Policy context


We will meet our legal responsibilities and manage our risks.

8. The development and annual review of the Council Plan is a statutory requirement under section 125 of the Act. There is also a requirement under section 223 of the Act to release any proposed adjustments to the Council Plan for public comment for 28 days.

Budget implications

9. The Council Plan is a high-level strategic document and does not make specific budget commitments. The directions set in the Council Plan have been used to develop the draft Budget 2015-2016.

10. There have been no additional costs to review the Council Plan. Officer time and print costs will be met within existing operational budgets.




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11. The Council Plan 2013-2017 was developed following a comprehensive program of workshops and briefings following the general election in October 2012. Prior to formal adoption, it was placed on public exhibition and submissions from the community were invited.

12. It was also informed by numerous Council policies, plans and strategies which are listed in the Council Plan, each of which was developed following a process of community consultation.

13. The Council Plan was reviewed as part of Council’s annual planning workshops and in light of the 2015 Annual Community Satisfaction Survey. Community survey respondents were asked to rate the importance to themselves and members of their households of each of the Council Plan’s five strategic objectives. Respondents rated each of the objectives as very important with scores well over eight out of 10.

14. The six proposed changes to the strategic indicators were placed on public exhibition for 28 days. An advertisement appeared in the Diamond Valley Leader on Wednesday 1 April 2015. Copies of the proposed changes were made available at the Civic Centre and on Council’s website.

Annual review of the Council Plan 2013-2017

15. The review of the Council Plan this year was undertaken in light of the Local Government (Planning and Reporting) Regulations 2014. The Regulations came into effect on 1 July 2014 and impose a mandatory reporting framework on all Victorian councils to ensure they are measuring and reporting their performance in a consistent way.

16. The Local Government Performance Reporting Framework (LGPRF) consists of 53 service performance measures across 11 key service areas, 12 financial performance measures, six sustainable capacity measures and 24 Governance and Management measures.

17. Councillors considered the current Council Plan and its strategic objectives, strategies and strategic indicators at their annual planning workshop in February. There was widespread agreement that the Council Plan still accurately reflected the priorities for the Nillumbik community in response to the opportunities and challenges facing the Shire. No changes were recommended to the strategic objectives and strategies, just the strategic indicators.

18. The Council Plan has 23 strategic indicators. As part of this year’s review, it is proposed that six strategic indicators be replaced with indicators from the LGPRF to streamline the reporting process and provide a consistent performance result to the community.

19. The proposed adjustments in no way seek to lower the service or performance outcomes Council will be delivering to the community. They are purely to improve the alignment and remove duplication between Council’s own performance objectives and the mandatory performance reporting indicators now imposed on it by the State Government.




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20. Council advertised and sought community comment on the following adjustments to six of the existing strategic indicators in the Council Plan:

Existing indicator Proposed indicator

High participation rates at recreation facilities, libraries, Living and learning Centres, arts and cultural programs.

Percentage of the municipal population that are active library members.

Number of visits to aquatic facilities per head of municipal population.

High participation rates in non-aquatic recreation facilities, Living and Learning programs and arts and culture programs.

High participation rates in maternal and child health and immunisation programs.

Percentage of children enrolled who participate in the MCH service.

High percentage of diversion of waste from landfill through kerb side waste collections.

Percentage of garbage, recyclables and green organics collected from kerbside bins that is diverted from landfill.

Increased spending on infrastructure renewal to sustainable levels in line with the STEPS program.

Asset renewal expenses as a percentage of depreciation.

High percentage of planning permits processed within 60 day statutory period.

Percentage of planning application decisions made within 60 days.

Achieve an annual underlying surplus in audited financial statements.

The underlying surplus (or deficit) as a percentage of adjusted underlying revenue.

Strategic Resource Plan

21. The Council Plan also contains the Strategic Resource Plan (SRP), the financial plan detailing how Council plans to fund its objectives over the next four years. The SRP has been revised and updated as part of the Budget 2015-2016 development. It will be considered by Council in June. Pending adoption of the SRP, the Council Plan will be updated and made publicly available on Council’s website and via a small number of printed copies.

Conclusion

22. Following the review of the Council Plan 2013-2017, and having advertised proposed adjustments and considered a submission received during the consultation period, it is recommended that Council adopts the adjustments to the strategic indicators as advertised and listed above in the body of the report.


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OCM.052/15 Review of Instrument of Delegation to Chief Executive Officer

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.

Under the current Instrument of Delegation to the Chief Executive Officer, Council delegates its powers, duties and functions, under any legislation, to the Chief Executive Officer, except for a limited number of matters which are specifically excluded from delegation to the Chief Executive Officer. These exclusions are specified in the Instrument of Delegation. The Instrument of Delegation to the Chief Executive Officer was most recently reviewed by Council in February 2014.

Section 186(5) of the Act, the requirement to conduct a public tender, provides that the contractual restrictions imposed upon Councils do not apply if Council resolves that a contract must be entered into because of an emergency. That power does not apply to a CEO unless that power is delegated by Council.

Prior to the current review of the Instrument, advice was sought from Council’s solicitors, Maddocks in relation to whether or not the CEO, in the event of a major catastrophic event in the municipal area, is able to determine that an emergency situation exists under s 186(5)(a) of the Act and, therefore, be able to enter into a contract immediately, contrary to the Conditions and Limitations contained in the current Instrument of Delegation.

Maddocks recommended the inclusion of the following line after the second dot point in clause 1.1 of the Conditions and Limitations section of the Instrument:

‘except in circumstances where the CEO determines that a contract must be entered into because of an emergency in the terms of s 186(5)(a) of the Act’

Several other minor formatting changes to the Instrument are also recommended. Further details of the proposed changes to the Instrument are outlined in this report.

The amended Instrument of Delegation to the Chief Executive Officer is attached for Council consideration (Attachment 1).

Recommendation

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 attached Instrument of Delegation to the Chief Executive Officer, resolves that:




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a) There be delegated to the person holding the position, acting in or performing the duties of Chief Executive Officer the powers, duties and functions set out in the attached Instrument of Delegation to the Chief Executive Officer, 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 Instrument.

c) On the coming into force of the Instrument, all previous delegations to the Chief Executive Officer 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.

e) It is noted that the Instrument includes a power of delegation to members of Council staff in accordance with section 98(3) of the Act.

2. Affixes the common seal to the Instrument of Delegation to the Chief Executive Officer.

Attachments

1. Draft Instrument of Delegation by Council to the CEO May 2015

Background

1. Council is empowered under a number of pieces of legislation to undertake a range of duties and functions. To enable Council to actually undertake these duties and functions it is necessary for Council to delegate many of its relevant powers to the CEO. This power to delegate is conferred upon Council by section 98(1) of the Local Government Act 1989 (the Act) which 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.

2. The Instrument of Delegation to the Chief Executive Officer which flows from section 98(1) is a broad, ‘by exception’ delegation. This means that Council’s powers, duties and functions, under any legislation, are delegated by the Instrument, excepting those matters specifically excluded from delegation by the Instrument.

3. Therefore, when a new Act of Parliament is enacted or amended, the powers, duties and functions of councils that are capable of delegation under that new or amended Act are automatically conferred or imposed by the Instrument of Delegation to the Chief Executive Officer. Council is not required to update its Instrument of Delegation each time there are amendments to any relevant legislation.

4. The Instrument of Delegation to the Chief Executive Officer was last reviewed by Council in February 2014 when several minor changes were included in the Instrument.




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Emergency procurement powers - CEO

5. Prior to the current review of the Instrument, advice was sought from Council’s solicitors, Maddocks in relation to whether or not the CEO, in the event of a major catastrophic event in the municipal area, is able to determine that an emergency situation exists under s 186(5)(a) of the Act and, therefore, be able to enter into a contract immediately, contrary to the Conditions and Limitations contained in the current Instrument of Delegation.

6. The current Instrument of Delegation does not allow the CEO to enter into a contract, in the case of an emergency or major catastrophic event, where the value of the contract is potentially greater than the dollar values contained in clause 1.1 of the Conditions and Limitations of the Instrument. Such contracts currently require a resolution of Council.

7. Section 186(5) of the Act, the requirement to conduct a public tender, provides that the contractual restrictions imposed upon Councils do not apply if Council resolves that a contract must be entered into because of an emergency. That power does not apply to a CEO unless the power is delegated by Council.

8. Maddocks recommended the inclusion of the following line after the second dot point in clause 1.1 of the Conditions and Limitations section of the Instrument:


9. No other changes are proposed to the current dollar levels contained in clause 1.1 in relation to the CEO not being able to award a contract exceeding the value of $150,000 for goods and services or $200,000 for carrying out of works, with the exception of the payment of insurance contracts and premiums.

10. A further minor amendment was also recommended to the wording of clause 2 of the Conditions and Limitations section by including the word ‘act’ in the first line to correct a typographical error. Several minor formatting changes have also been made to the Instrument.

Policy context



Budget implications

12. The regular updates of Council’s Instruments of Delegation are an administrative function, the cost of which is included within Council’s operational budget.


13. Council’s Instruments of Delegation have been developed in conjunction with Council’s solicitors, Maddocks, and satisfy current legislative requirements.




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Changes proposed to Instrument of Delegation to the Chief Executive Officer

14. In summary, the recommended changes to the Instrument are as follows:

Inclusion of the following line after the second dot point in clause 1.1 of the Conditions and Limitations section of the Instrument:


Amendment to the wording of clause 2 by including the word ‘act’ in the first line to correct a typographical error.

Minor formatting changes.

15. For the information of Councillors, the proposed amendments to the current Instrument of Delegation are highlighted in red in Attachment 1.

Conclusion

16. It is recommended that the amended Instrument of Delegation to the Chief Executive Officer be adopted by Council.


39


OCM.053/15 Review of Governance Code

File: 15/30/001




Summary

Council is required under the Local Government Act 1989 (section 76C) to have a Councillor Code of Conduct.

At Nillumbik, the Code of Conduct is part of a broader Governance Code. In addition to its statutory function, the Governance Code is a key policy statement of the elected Council which expresses to the community the importance of good governance.

The Act also requires Council to review the Councillor Code of Conduct within 12 months of each general election Nillumbik’s Code of Conduct was last revised and adopted in September 2013.

Following a recent review by officers, some minor changes to the Governance Code are recommended:

The inclusion of additional paragraphs outlining the role of the Mayor when a complaint is received about a councillor

The addition of further guidance about Councillors’ opinion formation and decision-making – particularly in briefings - so that the principles of transparency, conflict of interest and good decision-making are upheld at all times.

The inclusion of the Recognition and Bereavement Policy adopted by Council on 24 June 2014 which becomes Attachment 9.

It is recommended that the revised Governance Code incorporating Councillor Code of Conduct be adopted.

Recommendation

That Council:

1. Adopts the revised Governance Code, incorporating Councillor Code of Conduct (Attachment 1)

Attachments

1. Governance Code (incorporating Councillor Code of Conduct) May 2015

Background

1. Council is required under the Local Government Act 1989 (section 76C) to have a Councillor Code of Conduct.




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2. The Act also requires Council to review the Councillor Code of Conduct within 12 months of each general election. At Nillumbik, the Code of Conduct is part of a broader Governance Code. In addition to its statutory function, the Governance Code is a key policy statement of the elected Council which expresses to the community the importance of good governance. This is consistent with the Council Plan 2013-2017 which states that:

Our goal is to provide good governance, leadership and responsible financial management and to make decisions in an inclusive and transparent manner.

3. Nillumbik’s Code of Conduct was last revised and adopted in September 2013.

4. Following a recent review by officers, some minor changes to the Governance Code are recommended:

The addition of additional paragraphs outlining the role of the Mayor when a complaint is received about a councillor

The addition of further guidance about Councillors’ opinion formation and decision-making – particularly in briefings - so that the principles of transparency, conflict of interest and good decision-making are upheld at all times.

The inclusion of the Recognition and Bereavement Policy adopted by Council on 24 June 2014 which becomes Attachment 9.

Policy context



Budget implications

6. There are no budget or financial issues associated with the review of the Governance Code.


7. Councillors have been consulted on the proposed changes to the Governance Code.

Issues/options

8. The Governance Code was last revised and adopted in September 2013.

9. This latest revision includes some minor additions which have been developed internally to provide greater clarity to Councillors and the Administration in interpreting the Code.

10. In October 2014, The Victorian Ombudsman released Resolving complaints to improve service delivery – A good practice guide, following extensive consultation with the local government sector.

11. It provides practical and useful advice to assist councils in ensuring that their complaint handling systems are effective, efficient and promote fairness, integrity, respect for human rights and administrative excellence in the local government sector.




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12. The Ombudsman also developed a model Local Government Complaint Handling Policy, which Nillumbik is adapting to meet Council’s own needs. The model policy includes a clause about complaints about Councillors and suggests that they be dealt with through Council’s own internal procedures, rather than the complaints policy itself, which is intended to cover complaints about service delivery or an action taken by Council.

13. With that in mind, the following bullet points have been added under Mayor’s roles on page 14:

To counsel a councillor or councillors if a complaint is received from a member of the public about their conduct or behavior. If the complaint is about the Mayor, the Deputy Mayor will assume this counselling role.

If the Mayor receives a complaint about a Councillor that is potentially a breach of the Local Government Act 1989, it may be referred to the Local Government Inspectorate, IBAC, Victoria Police or the complainant may be asked to formalise the complaint through Protected Disclosure procedures.

14. A new clause has been included under Opinion Formation on pages 25 and 26 to clarify the purpose of pre-meeting briefings:

Pre-meeting briefings

Pre-meetings scheduled prior to the Council and Committee meetings will aim to be completed 15 minutes prior to the scheduled break for a meal. This will allow any final informal discussion amongst Councillors in respect to forming their opinion and if necessary making final amendments to any draft motions that they wish to use for the purpose of debate during the meeting.

Council officers should clarify information in officer reports and provide relevant background information if required, but should not participate in pre-meet Councillor persuasive discussions about Council motions. These discussions should be held in private by Councillors. When required, input from the CEO or General Managers can assist with the final drafting of Councillor motions.

Officers when requested will assist Councillors to draft motions. These draft motions are the responsibility of the Councillor to distribute to colleague Councillors should they wish to use them.

15. The Recognition and Bereavement Policy has been included as Attachment 9. This was adopted by Council on 24 June 2014.

16. In last week’s Budget, the State Government announced funding of $1 million for a review of the Local Government Act 1989. Pending the outcome of this review, officers anticipate that there will be further changes to the Governance Code in the near future.

Conclusion

17. Council is required under the Local Government Act 1989 (section 76C) to have a Councillor Code of Conduct.




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18. At Nillumbik, the Code of Conduct is part of a broader Governance Code. In addition to its statutory function, the Governance Code is a key policy statement of the elected Council which expresses to the community the importance of good governance.

19. It is proposed that a number of minor changes to the code be adopted, namely:

Additional paragraphs outlining the role of the Mayor when a complaint is received about a councillor

Further guidance about Councillors’ opinion formation and decision-making – particularly in briefings - so that the principles of transparency, conflict of interest and good decision-making are upheld at all times.

The inclusion of the Recognition and Bereavement Policy


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OCM.054/15 Eltham Child Care Cooperative Extension

File: 1415-72



Author: Jake Hart, Project Management Officer

Summary

In late October 2013, the State Government announced the availability of $20 million under the 2013-2014 Children’s Facilities Capital Program grants to build and improve children’s facilities (state-wide).

Council received invitations from the State Government for the full submission of Early Learning Facility Upgrade projects for Eltham Child Care Cooperative and Woodridge Preschool.

Council submitted applications and was successful for both facilities, receiving $350,000 in State Government funding per facility.

Undertaking these projects addresses the ongoing waiting list demands at these services and delivers a model of preschool that is required to accommodate a growing demand and unmet need in Eltham.

This report considers the awarding of a lump sum contract for the construction of the Eltham Child Care Cooperative extension, 16 Panther Place, Eltham. The contract involves the addition of a new 4-5 year old playroom with a registerable floor space of 113m2 (33 places), the addition of a new office, children’s bathroom, adult toilet, foyer and store room and all associated works.

Other works involved in the contract are the extension of the existing playroom, upgrade of the existing adult toilet to an accessible toilet and shower, additions and alterations to the existing kitchen, the relocation and upgrade of the master switch board, alterations to the existing accessible carpark and paths.

The tender evaluation panel has assessed all submissions and a separate confidential report outlines their evaluation in recommending the awarding of the contract for the construction of the Eltham Child Care Cooperative extension.

Recommendation

That Council:

1. Notes the report.

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

Attachments

Nil


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OCM.055/15 Woodridge Preschool Extension

File: 1415-71



Author: Jake Hart, Project Management Officer

Summary

In late October 2013, the State Government announced the availability of $20 million under the 2013-2014 Children’s Facilities Capital Program grants to build and improve children’s facilities (state-wide).

Council received invitations from the State Government for the full submission of Early Learning Facility Upgrade projects for Eltham Child Care Cooperative and Woodridge Preschool.

Council submitted applications and was successful for both facilities, receiving $350,000 in State Government funding per facility.

Undertaking these projects addresses the ongoing waiting list demands at these services and delivers a model of preschool that is required to accommodate a growing demand and unmet need in Eltham.

This report considers the awarding of a lump sum contract for the Construction of the Woodridge Preschool Extension, 3 Novello Court, Eltham. The contract involves the addition of a new 3-6 year old playroom with a registerable floor space of 118m2 (33 places), the addition of a new office, children’s bathroom, accessible bathroom, foyer and kitchen, and all associated works.

Other works involved in the contract are alterations to the existing playroom, construction of a new Mod Wood decking/walkway, master switchboard and power upgrade, installation of two rainwater tanks and pump system for rainwater reuse in the new children’s bathroom and alterations to the existing carparks and paths.

The tender evaluation panel has assessed all submissions and a separate confidential report outlines their evaluation in recommending the awarding of the contract for the Construction of the Woodridge Preschool Extension.

Recommendation

That Council:



Attachments

Nil


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OCM.056/15 Hard waste contract extension

File: 30/25/069



Author: Lisa Pittle, Manager Infrastructure Maintenance

Summary

Council tendered for hard waste services in 2013 requesting pricing for an annual Shire wide service to be delivered in October/November or a booked collection service available to residents year round. The contract term was for one year with two, one year extension options.

In June 2013, Council decided to enter into Contract No 1213-033 with Northern Recycling Pty Ltd to provide a booked hard waste collection service. In May 2014 Council decided to take up the first of two one year extension options which ends on 31 July 2015. Council can now consider the provision of the hard waste collection service for 2015-2016.

A separate confidential report considers the operation of the hard waste collection service over the past year including collection timing and volumes and customer service management.

Contract No 1213-033 for the provision of hard waste collection will be completed on 31 July 2016 and tenders will be invited for a new hard waste collection service prior to the completion of the current contract.

Recommendation

That Council:



Attachments

Nil


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OCM.057/15 Supply and delivery of one 4x2, 10-14 tonne GVM cab chassis complete with chassis mounted crane and steel tipper body

File: NPN04-13



Author: Joseph Emmanuel, Coordinator Road and Drainage Maintenance

David Cecala, Procurement Coordinator

Summary

This report considers awarding a contract for supply and delivery of one (1), 10 to 14 tonne tipper truck utilised for various road maintenance services within the Roads and Drainage Unit. This vehicle is proposed to replace an existing truck consistent with the scheduled timing and funding provided for in Council’s 10 year plant replacement program.

Tenders were requested through the National Procurement Networks (NPN) Register of Prequalified Supplier for the Supply of New Trucks (NPN Contract Number NPN04-13).

The Tender Evaluation Panel (TEP) has assessed the submissions in accordance with the evaluation criteria relating to price, specification conformance, OHS and operational and environmental performance.

The TEP have agreed on the results of the evaluation and recommendation to award the contract, as detailed in a separate confidential report.

Recommendation

That Council:



Attachments

Nil


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OCM.058/15 Supply and delivery of one 4x2, 8-10 tonne GVM crew cab chassis complete with a steel tipper body and a small crane

File: NPN04-13



Author: Joseph Emmanuel, Coordinator Road and Drainage Maintenance

David Cecala, Procurement Coordinator

Summary

This report considers awarding a contract for supply and delivery of one 8-10 tonne crew cabin tipper truck utilised for various road maintenance services within the Roads and Drainage Unit. This vehicle is proposed to replace an existing truck consistent with the scheduled timing and funding provided for in Council’s 10 year plant replacement program.

Tenders were requested through the National Procurement Networks (NPN) Register of Prequalified Supplier for the Supply of New Trucks (NPN Contract Number NPN04-13). This gives Council access to bulk purchasing discounts on truck purchases.

The Tender Evaluation Panel (TEP) has assessed the submissions in accordance with the evaluation criteria relating to price, specification conformance, OHS and operational and environmental performance.

The TEP have agreed on the results of the evaluation and recommendation to award the contract, as detailed in a separate confidential report.

Recommendation

That Council:



Attachments

Nil


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OCM.059/15 Tender report - Architectural services for the Eltham Leisure Centre aquatic redevelopment

File: 1415-47



Author: Mathew Deayton, Manager Infrastructure Development

Summary

As part of Council’s 2010 Recreation Strategy Plan and feasibility report into the Eltham Leisure Centre, the aquatic areas were found to be aged and in need of replacement to meet current and future aquatic expectation of users and residents.

The existing aquatic facility was constructed in 1989 and the physical condition of the facility and structures have deteriorated to such a state that renewal is required.

The proposed plan for the project includes the redevelopment of the aquatic area that responds to the identified community need and raises the standard of the components to the same level and standard of the dry health and fitness area of the Centre.

The key features of the proposed redevelopment include:

Improved physical access to the aquatic area to comply with current DDA standards, including ramp access to all pools and improved access to the pool hall.

Replacement of the entire pool structure and plant due to significant structural and plant deficiencies identified through structural and plant technical audit reports.

Development of an integrated program pool and leisure pool including a range of interactive leisure water play features.

Development of a dedicated warm water pool to support the identified need for rehabilitation, therapy and warm water exercise programs.

Provision of a dedicated group change room with a separate access to support school usage and swimming club programs and events.

The scope of the work under the architectural services contract includes:

Stakeholder liaison and consultation

Design development

Preparation and provision of Tender Documentation, Design Plans and Specification.

Supervision of construction works in conjunction with the Project Manager.

Engagement of other consultants as required.

A separate confidential report considers the tender evaluation, and makes a recommendation to Council for the Architectural Services for the redevelopment works.




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Recommendation

That Council:



Attachments

Nil


50


OCM.060/15 Environment and Planning Monthly Activity Report

File: 45/25/007


Manager: Jeremy Livingston, Manager Planning Services

Author: Chad Griffiths, Manager Strategic and Economic Planning

Jeremy Livingston, Manager Planning Services

Phil Lovelace, Manager Regulatory Services

Pat Vaughan, Manager Environmental Services

Summary

This report provides a status update on planning, regulatory and policy activities in Council’s Environment and Planning Department for the month of April 2015.

Recommendation

That Council:

1. Receives the Environment and Planning Department Activity Report for April 2015.

2. Supports the Practically Green Festival Working Group determination that the Practically Green Sustainability Awards will now be run on alternate years, with the next Awards to be held in 2016.

3. Notes the following items:

a) In April 70 per cent of planning applications were decided within 60 statutory days.

b) One VCAT planning decision was handed down in April.

c) The draft Invasive Species Management Plan is currently on public consultation until 12 June 2015.

d) Over 400 people attended the Nillumbik Landholder Expo on 3 May 2015.

e) Eight rooftop solar systems were installed on Council facilities.

f) Correction Amendment C94 was approved by the Department of Environment, Land Water and Planning under delegation from the Minister of Planning.

Attachments

1. Information on statutory planning matters and subdivisions

2. Information on Approved Building Dispensations

3. Information on Planning Scheme Amendments




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Background

1. Council’s Environment and Planning Department consists of the Planning Services Unit; Regulatory Services Unit; Strategic and Economic Planning Unit; and Environmental Services Unit. The following report consolidates and documents the key activities for each of these service units for the month of April 2015. A summary of the key activities within each of these service units follows.

Policy context


We will plan for economic development that is consistent with the Nillumbik Planning Scheme and supports Council’s objectives.

Planning Services Unit

Planning applications lodged and finalised

3. Applications lodged include new planning applications; requests for amendments; plans required by permit conditions and miscellaneous consents (under Section 173 Agreements). Ninety-one new applications were lodged in April 2015:

4. The applications finalised total includes those applications that have been both withdrawn and those for which no permit were required. A total of 86 applications were finalised in April.




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5. A breakdown of the determined planning applications is as follows:

Application type: Percentage determined

Residential development (new dwellings or additions) 37%

Miscellaneous consent under Section 173 Agreement 22%

Subdivision 14%

Vegetation removal 8%

Multi-dwelling development 5%

Commercial/non-residential development 5%

Other 2%

Nonresidential building and works 2%

6. Council received 43 year to date fewer planning applications than for the same period in 2014:

Year 30 April 2014 30 April 2015

Year to date 353 310

7. At the end of April, 270 planning applications remain outstanding, 13 fewer than for the same period last year:

Year 30 April 2014 30 April 2015

Outstanding applications 283 270




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Planning applications decision timelines

8. The following graph outlines the statutory timelines for all delegated planning decisions relating to planning applications and amendments to planning permits. In April, 70 per cent of planning applications were decided within 60 statutory days.

Victorian Civil and Administrative Tribunal (VCAT) decisions

9. A total of ten planning matters are currently before VCAT. A schedule of VCAT matters is attached. One VCAT decision was handed down in April.

44 Livingstone Road, Eltham – Construction of six dwellings and vegetation removal (Council refusal, VCAT approval – modified proposal)

10. The application sought approval to construct six dwellings and removal of vegetation. The application attracted seven written objections and Council’s Planning Committee refused the proposal on grounds relating to neighbourhood character, and the lack of landscaping opportunities for the new development to nestle into the landscape. The applicant subsequently sought a review of Council's decision at VCAT.

11. At the commencement of the hearing, VCAT granted the applicant’s request to substitute amended plans relating to development proposal. These changes did not sufficiently address Council’s grounds of refusal, therefore Council continued to advocate for the development’s refusal during the course of the hearing. Key changes reflected in the amended plans included a reduction of dwellings from six to five and the removal of no substantial trees from the property.

12. The subject land is zoned Neighbourhood Residential Zone which restricts development to two dwellings, however the planning application benefited from 'transitional arrangements' and therefore approval can be granted for more than two dwellings given that the application was lodged when the site was (formerly) zoned Residential 1.




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13. In reviewing the proposed development, the Tribunal commented that ‘I consider the key issues in this matter are in relation to transition...this lot sits at the boundary of the General Residential and Neighbourhood Residential zones with large lots to the west containing multi-unit development as is the south and to the north. To the east is a single dwelling on smaller lot than the subject site and I see this lot as providing a transition between the higher density developments to the west and the lower density development to the east’.

14. The Tribunal further commented that ‘given the zoning changes at the boundary of the subject lot between 44 and 46 Livingstone Road a reduction of the number of dwellings to four dwellings will provide a suitable transition...where the adjacent lot to the west at 46 will only be able to accommodate two dwellings’. The Tribunal found the proposed side setbacks acceptable, and with the reduction of dwellings, the Tribunal noted that additional canopy trees would be able to be accommodated.

15. Accordingly, the Tribunal directed Council to issue a planning permit for the construction of four dwellings on the land.

Regulatory Services Unit

Building permits issued

16. The following graph shows the total number of building approvals issued within the Shire of Nillumbik and the number issued by Council’s Building Team. The third component of the graph shows the number of building approvals Council’s Building Team has issued outside the Shire of Nillumbik.

17. The following graph illustrates the percentage of building permits issued within the municipality. Permits issued by Council’s Building Team during April were 26 per cent of the overall total.




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Animal management

18. The following graph illustrates the number of new dogs and cats registered during April.

19. The following graph illustrates the number of dogs impounded during April. The high level of dogs returned to their owners is due to higher than average State registration compliance levels within Nillumbik Shire:




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20. Further detail on the remaining four dogs in the ‘Other’ category were as follows;

Two dogs currently seized due to an alleged attack and are subject to a prosecution

One dog was euthansied due to it being responsible for a fatal dog attack

One dog remains impounded as it was not released by the end of April.

Correspondence

21. The following graph illustrates the number of correspondence received by the Regulatory Services Unit for April. This includes building and local law permit applications, submissions and infringement notice appeals.




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Strategic and Economic Planning Unit

22. Amendment C94 ‘Corrections amendment’ was approved by the Department of Environment, Land, Water and Planning under delegation from the Minister for Planning on 15 April 2015.

Environmental Services Unit

Food and Health premises inspections

23. A total of 70 inspections of registered Food and Health Premises were conducted in April. This included 31 annual Food Act inspections, ten Follow Up inspections to re-assess issues identified in previous visits and two New Premises inspections. The remaining 27 consist of Health Act and Tobacco Education inspections. The following graph shows cumulative tracking of April inspections to achieve 100 per cent inspection coverage for registered business.

24. Twenty-five planning referrals were received by the Environmental Health team during April; three remain outstanding for comment (as they were received at the end of the month), with the average assessment taking seven days to complete.

Septic tank inspections

25. A total of four applications were received to install new septic tank systems in April, with five site inspections undertaken of septic systems. Five permits were issued to install and eight permits were issued to use septic tank systems. The following cumulative graph shows the amount of applications received, against initial site inspections and final permit inspections:




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Environmental Planning initiatives

26. Over 400 people attended the Nillumbik Landholder Expo on Sunday 3 May 2015. The event was organized by the Nillumbik Landcare Network with the support of Council. Whittlesea City Council, Small Farms, Big Ideas Forum were hosted at the Expo, with participants in the day providing positive feedback.

27. Eight rooftop solar systems were installed on Council facilities throughout the Shire, with another three systems to be installed this financial year.

28. Farmers have been invited to open their farms for Nillumbik Open Farm Day, which will be held on Sunday 4 October 2015. Officers will work with selected farms to plan and promote the event.

29. The Practically Green Festival Working Group has met to commence planning for this year’s Festival. The Working Group also considered and supported the running of the Practically Green Sustainability Awards every two years.

30. The State of the Environment Report 2014 was adopted by Council.

31. A draft Invasive Species Management Plan was approved for public consultation.

Conclusion

32. It is recommended that Council receives and notes the Environment and Planning Department Activity Report for April 2015.


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OCM.061/15 Assemblies of Councillors

File: 10/30/002




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 28 April 2015.

Recommendation

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 April 2015

Matters considered Officer briefings of Councillors

Eltham Major Activity Centre planning

Councillors present Cr Michael Young Cr Bronnie Hattam

Staff present Stuart Burdack

Andrew Port

Conal Creedon

Jeremy Livingston

Chad Griffiths

Conflict of interest None declared


Matters considered CEO Employment Matters Committee

Councillors present Cr Helen Coleman

Cr Peter Perkins

Cr Michael Young

Staff present Suzy Ellingsen



Matters considered Pre-meeting for Ordinary Council Meeting


Cr Michael Young

Cr Anika Van Hulsen

Cr Bronnie Hattam

Cr Peter Perkins

Cr Ken King




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Staff present Stuart Burback

Andrew Port

Conal Creedon

Clem Gillings

Ransce Salan

Pat Vaughan

Mathew Deayton

Wayne Trull

Vince Lombardi

Robert Malignaggi

Lisa Pittle

John Smyth

Neville Slade

Jon Miller


4 Date of assembly 5 May 2015

Matters considered Officer Briefings of Councillors

Planning briefing

Amendment C103

Revision of Temporary Signage Policy

Rate Capping Framework – ESC submission

Rate Capping Community Engagement Strategy


Cr Anika Van Hulsen

Cr Ken King

Cr Michael Young

Cr Bronnie Hattam


Andrew Port

Conal Creedon

Ransce Salan

Clem Gillings

Renae Ahern

Joanne Lee

Alison Fowler

Karen Bayly

Jonathon McNally

Maddie Grant

Allison Watt

Vince Lombardi

David Hawkins (consultant)

Chad Griffiths



Matters considered Economic Development Advisory Committee

Councillors present Cr Ken King Cr Anika Van Hulsen

Staff present Chad Griffiths

Christine Gibbons

Darko Popovski

Paige Krygger





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Matters considered Pre-meeting for Special Council Meeting, Policy and Services Committee and Planning Committee

Agenda for Special Council Meeting

Agenda for Policy


Cr Michael Young

Cr Anika Van Hulsen

Cr Bronnie Hattam

Cr Ken King

Cr Peter Perkins


Andrew Port

Clem Gillings

Ransce Salan

Renae Ahern

Suzy Ellingsen

Naomi Paton

Frances Duncan

Tara Frichitthavong

Nichole Johnson

Corrienne Nichols

Mathew Deayton

Allison Watt

Naomi Ellis



Matters considered Officer briefings of Councillors

43 Haleys Gully Road, Hurstbridge

Youth Services update

Review of Governance Code

Community Engagement Policy

Anzac Centenary signage

Diamond Creek Pool

Open Policy Forum

Diamond Creek Traders Public art exhibition


Cr Anika Van Hulsen

Cr Ken King

Cr Michael Young

Cr Peter Perkins

Cr Meralyn Klein


Andrew Port

Conal Creedon

Clem Gillings

Ransce Salan

Tara Frichitthavong

Allison Watt

Alison Fowler

Adrian Cully





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Attachments

Nil

Background

1. Amendments to the Local Government Act 1989 (the Act) in October 2010 require records of assemblies of Councillors to be reported to an Ordinary Meeting of Council and recorded in the minutes of that meeting.

Policy context

2. This report directly supports the achievement of Council Plan 2013-2017 strategy ‘we will meet our legal responsibilities and manage our risks’.

Budget implications

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


4. None required.

Issues/options

5. An assembly of Councillors is defined in section 76AA of the Act. It is a meeting at which matters are considered that are intended or likely to be the subject of a Council decision or the exercise of delegated authority and which is either of the following:

A planned or scheduled meeting that includes at least half the Councillors and at least one Council Officer. These assemblies do not include meetings of Councillors and Council staff that are not planned or scheduled.

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

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

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

8. The recommendation contains the list of assemblies of Councillor forms that have been submitted since the matter was last reported to Council on 28 April 2015.

Conclusion

9. It is recommended that Council receives the records of recent assemblies of Councillors as contained in this report, fulfilling section 80A(2) of the Local Government Act 1989.


63

13. Notices of motion

Nil

14. Delegates' reports

15. Supplementary and urgent business

16. Confidential reports

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

Motion

That the Council close 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

OCM.062/15 Confidential items under section 77 of the Local Government Act 1989

h) Any other matter which the Council or special committee considers would prejudice the Council or any person

OCM.063/15 Eltham Child Care Cooperative Extension

d) Contractual matters

OCM.064/15 Woodridge Preschool Extension


OCM.065/15 Hard waste Contract extension


OCM.066/15 Supply and delivery of one 4x2, 10-14 tonne GVM cab chassis complete with chassis mounted crane and steel tipper body


OCM.067/15 Supply and delivery of one 4x2, 8-10 tonne GVM crew cab chassis complete with a steel tipper body and small crane




Documents

Ordinary Meeting of Council - Nillumbik Council · Ordinary Meeting of Council agenda 26 May 2015 12. Officers' reports OCM.045/15 Draft Nillumbik Tree Management Policy and Tree