Council Meeting

Minutes

Meeting No. 610

18 October 2022

Commenced at 7.00pm

Council Chamber

301 Hampshire Road, Sunshine,

Victoria

Fiona Blair

Chief Executive Officer

21 October 2022

Brimbank Council Meeting No. 610 18 October 2022

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Council

Cr Jasmine Nguyen

Mayor

Cr Thuy Dang

Deputy Mayor

Cr Victoria Borg

Cr Sarah Branton

Cr Sam David

Cr Maria Kerr

Cr Bruce Lancashire

Cr Trung Luu

Cr Jae Papalia

Cr Ranka Rasic

Cr Virginia Tachos

Executive Management Team

Ms Fiona Blair

Chief Executive Officer

Ms Lynley Dumble

Director Community Wellbeing

Ms Georgie Hill

Director Advocacy, Partnerships & Community Engagement

Mr Shane Marr

Director Organisational Excellence

Mr Kelvin Walsh

Director City Development

Mr Neil Whiteside

Director Infrastructure and City Services

Governance Team

Ms Lauren Blatchford

Governance Manager

Ms Candace Guest

Senior Coordinator Governance and Legal

Mr Tony Vo

Governance Officer

Brimbank Council Meeting No. 610 18 October 2022

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Table of Contents

1 Opening (Including Acknowledgement Of Country) ......................................5

2 Council Commitment.....................................................................................5

3 Apologies/Leave Of Absence ........................................................................5

4 Disclosure Of Conflicts Of Interest ................................................................5

5 Declaration Of Intended Candidacy...............................................................5

6 Designation Of Items As Confidential ...........................................................5

7 Confirmation Of Minutes Of Previous Council Meetings.................................7

8 Condolences .................................................................................................7

8.1 Passing Of John Jennison....................................................................7

8.2 Passing Of Uncle Jack Charles.............................................................7

9 Congratulations ............................................................................................8

9.1 Flood Relief .........................................................................................8

10 Public Question Time ....................................................................................8

11 Petitions .....................................................................................................12

11.1 River Valley Estate Capital Improvements.........................................12

12 Minutes/Reports Of Delegated Committees ................................................13

12.1 Leadwest Joint Delegated Committee ...............................................13

13 Officer Reports............................................................................................14

13.1 Planning Activity Update And Delegate Decisions And Planning

Scheme Amendments Update - September 2022...............................14

13.2 Planning Compliance Activity Update - 1 July To 30 September 202218

13.3 Sunshine Town Centre Marketing And Business Development Special

Rate Scheme .....................................................................................20

13.4 Amendment C225brim Planning Scheme Review And Update............29

13.5 Proposal To Rename Section Of Ashton Avenue, St Albans................36

13.6 Governance Report October 2022 .....................................................40

13.7 Annual Report 2021-2022 .................................................................46

13.8 Proposed Aboriginal Community Centre ............................................50

13.9 Taylors Lakes Lions Club Community Garden Proposal......................54

13.10 Draft Alfrieda Street Master Plan ......................................................59

13.11 Contract No. 22/3293 - Recruitment Services - Neutral Managed

Service Provider................................................................................67

13.12 Banking Services Contract.................................................................70

13.13 Contract No. 22/3244 - Urban Tree Planting And Maintenance Panel

Of Contractors...................................................................................73

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13.14 Contract No. 23/3259 - Provision Of Plumbing Services ...................76

13.15 Contract No. 22/3214MAV - Supply Of Twelve Side Loading

Compactors .......................................................................................79

14 Notices Of Motion .......................................................................................82

14.1 Gambling Reforms.............................................................................82

14.2 Health Mitigation Support For Community Members - Barro Landfill

Kealba...............................................................................................83

15 Urgent Business..........................................................................................83

16 Confidential Business..................................................................................83

17 Meeting Closure ..........................................................................................85

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Order of Business

1 Opening (Including Acknowledgement Of Country)

The Mayor, Cr Jasmine Nguyen, opened the meeting at 7pm and welcomed all in

attendance. The Mayor advised she had given approval for Channel 31 to live stream the

meeting.

The Mayor stated:

On behalf of Brimbank City Council, I respectfully acknowledge and recognise the

Wurundjeri and Bunurong Peoples as the Traditional Custodians of this land and pay

respect to their Elders, past, present and future.

2 Council Commitment

The Mayor, on behalf of the Council, read the Council Commitment:

As the Council, we will act in the best interests of the Brimbank community and consider

the immediate and long term impacts of our decisions. We will make these decisions

fairly and without bias.

We will uphold all of our obligations under the laws of Victoria and Council’s local laws,

and will act in accordance with our Code of Conduct.

3 Apologies/Leave Of Absence

Nil

4 Disclosure Of Conflicts Of Interest

Ms Georgie Hill, Director Advocacy, Partnerships and Community Engagement indicated

she would raise a conflict of interest in relation to Items 16.1 and 16.2.

5 Declaration Of Intended Candidacy

The Mayor called for Declarations of Intended Candidacy in the Victorian State Election,

scheduled to be held on 26 November 2022.

There were no Declarations of Intended Candidacy.

6 Designation Of Items As Confidential

Motion

That Council declares confidential in accordance with section 66(2)(a) of the

:

ï‚·

Confidential Attachment 1 to Report 13.12 - Banking Services Contract

ï‚·

Confidential Attachment 1 to Report 13.13 - Contract No. 22/3244 - Urban Tree

Planting and Maintenance Panel of Contractors

ï‚·

Confidential Attachment 1 to Report 13.14 - Contract No. 23/3259 - Provision of

Plumbing Services

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as they relate to Council business information, being information that would prejudice

Council’s position in commercial negotiations if prematurely released, as prescribed by

section 3(1)(a) of

ï‚·

Confidential Attachment 1 to Report 13.11 - Contract No. 22/3293 - Recruitment

Services - Neutral Managed Service Provider

ï‚·

Confidential Attachment 1 to Report 13.15 - Contract No. 22/3214MAV - Supply

of Twelve Side Loading Compactors

as they relate to private commercial information, being information provided by a

business, commercial or financial undertaking that, if released, would unreasonably

expose the business, commercial or financial undertaking to disadvantage, as prescribed

by s 3(1)(g) of

ï‚·

Confidential Item 16.1

ï‚·

Confidential Item 16.2

as they relate to Council business information, being information that would prejudice

Council’s position in commercial negotiations if prematurely released, as prescribed by

section 3(1)(a) of

and private commercial information, being information

provided by a business, commercial or financial undertaking that, if released, would

unreasonably expose the business, commercial or financial undertaking to disadvantage,

as prescribed by s 3(1)(g) of

Resolution

Moved Cr Victoria Borg/Seconded Cr Thuy Dang

That Council declares confidential in accordance with section 66(2)(a) of

the

:

ï‚·

Confidential Attachment 1 to Report 13.12 - Banking Services Contract

ï‚·

Confidential Attachment 1 to Report 13.13 - Contract No. 22/3244 -

Urban Tree Planting and Maintenance Panel of Contractors

ï‚·

Confidential Attachment 1 to Report 13.14 - Contract No. 23/3259 -

Provision of Plumbing Services

as they relate to Council business information, being information that would

prejudice Council’s position in commercial negotiations if prematurely released,

as prescribed by section 3(1)(a) of

ï‚·

Confidential Attachment 1 to Report 13.11 - Contract No. 22/3293 -

Recruitment Services - Neutral Managed Service Provider

ï‚·

Confidential Attachment 1 to Report 13.15 - Contract No. 22/3214MAV -

Supply of Twelve Side Loading Compactors

as they relate to private commercial information, being information provided by

a business, commercial or financial undertaking that, if released, would

unreasonably expose the business, commercial or financial undertaking to

disadvantage, as prescribed by s 3(1)(g) of

ï‚·

Confidential Item 16.1

ï‚·

Confidential Item 16.2

as they relate to Council business information, being information that would

prejudice Council’s position in commercial negotiations if prematurely released,

as prescribed by section 3(1)(a) of

and private commercial

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information, being information provided by a business, commercial or financial

undertaking that, if released, would unreasonably expose the business,

commercial or financial undertaking to disadvantage, as prescribed by s

3(1)(g) of

CARRIED

7 Confirmation Of Minutes Of Previous Council Meetings

Motion

That Council confirms the Minutes of Council Meeting No. 609, held on 20 September

2022.

Resolution

Moved Cr Ranka Rasic/Seconded Cr Jae Papalia

That Council confirms the Minutes of Council Meeting No. 609, held on 20

September 2022.

CARRIED

8 Condolences

8.1 Passing Of John Jennison

Motion

That Council notes the passing of Mr John Jennison, and extends condolences to his

family.

Resolution

Moved Cr Virginia Tachos/Seconded Cr Maria Kerr

That Council notes the passing of Mr John Jennison, and extends condolences

to his family.

CARRIED

8.2 Passing Of Uncle Jack Charles

Motion

That Council notes the passing of Uncle Jack Charles, and extends condolences to his

family.

Resolution

Moved Cr Victoria Borg/Seconded Cr Jae Papalia

That Council notes the passing of Uncle Jack Charles, and extends condolences

to his family.

CARRIED

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9 Congratulations

9.1 Flood Relief

Motion

That Council congratulates and extends its thanks to the Brimbank community and

Council staff for providing assistance to those impacted by the recent flood incidents in

Brimbank.

Resolution

Moved Cr Virginia Tachos/Seconded Cr Jae Papalia

That Council congratulates and extends its thanks to the Brimbank community

and Council staff for providing assistance to those impacted by the recent flood

incidents in Brimbank.

CARRIED

10 Public Question Time

10.1 P109/2022

Question

J Westoff

Are Councillors required to make a declaration if they are choosing to provide support or

campaign on behalf of a Political Party?

Answer

The Mayor advised the

and

require Councillors to disclose certain matters in

biannual personal interest returns, including details of certain roles held by Councillors in

corporations, unincorporated associations, business partnerships and joint ventures.

Further, in accordance with the Conduct During Election Period Policy, a Councillor who is

a prospective candidate in a State or Federal election, should declare their intended

candidacy at a meeting of the Council as soon as practicable after notifying the Chief

Executive Officer.

10.2 P110/2022

Question

J Westoff

Have any of the current Councillors made declarations that they are providing support or

campaigning on behalf of a Political Party?

Answer

The Mayor advised a summary of personal interest returns lodged by Councillors is

available on Council’s website.

Declarations of intended candidacy are recorded in Council Meeting minutes, which are

also available on Council’s website.

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10.3 P111/2022

Question

D Allan

My question is in relation to developers/builders in Brimbank applying for variations to

our planning scheme by promising to include affordable housing.

In the past, when they promote their development to council as supporting affordable

housing, they often request variations that allow them to build with greater density, less

parking or other restrictions that would typically apply.

I was listening to Michele Adair (CEO of Housing Trust) and she said the following:

"If they (builders) are serious about affordable housing they should be partnering with

community housing providers and making that stock available to meet the government's

income eligibility and conditional requirements."

Will council consider requiring the builder meet the above conditions to ensure their

affordability targets are achieved?

Answer

The Mayor advised there are currently no specific requirements within the Brimbank

Planning Scheme for a developer to deliver affordable housing as part of a development.

On the rare occasion when a developer has offered to provide a component of social or

affordable housing in their development, Council has sought to secure this using a

Section 173 Agreement.

In May 2022 Council adopted the

which

outlines a number of roles that Council plays in relation to social and affordable housing,

and outlines possible pathways to encourage and support increased supply of social and

affordable housing in Brimbank. It is hoped that implementation of these pathways will

increase provision of social and affordable housing in Brimbank, as well as provide

further guidance to developers.

10.4 P112/2022

Question

P Rabarts

I would like council assistance in having a fallen Willow tree over Stony creek removed

at the Matthews Hill site at the end of Tom O'Brien's Reserve.

This Willow tree is creating a collection point for an ongoing rubbish issue flowing

through from the water source collecting in waterways through central Sunshine.

Please assist in working with Melbourne Water to remove this fallen tree and the

captured rubbish.

Answer

The Mayor advised she has been advised that Melbourne Water are aware of the willow

tree and litter concerns; given previous reports by Council and community members.

Melbourne Water are currently in discussions with Maribyrnong City Council on a staged

removal of the willow trees and replacing them with native trees.

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10.5 P113/2022

Question

P Rabarts

A 2nd question is to request information on obtaining funds for trees and native flora to

plant at Stony Creek sites in Brimbank. What is required? A request for funds or a

request for plants. Please outline requirements so I can take action on this on behalf of

Friends of Stony Creek.

Answer

The Mayor advised there are a number of avenues that Friends of Stony Creek can

obtain support and funding for tree planting and revegetation projects.

Brimbank’s Conservation Community Liaison Officer will contact you to provide details,

guidance and some advice regarding this

10.6 P114/2022

Question

D Havelas

When is Brimbank City Council be proposing to improve the lighting and access from the

Brimbank Wellness and Aquatics Centre through the Packard Street Park through to

Packard Street for all local residents to access the new centre?

As there as been suspicious activity and drug activity spotted in the area by few

residents lately. At night the safety is questionable.

Answer

The Mayor advised Council officers have advised that a path connecting the Brimbank

Aquatic and Wellness Centre through the Packard Street Reserve to Packard Street is

planned, however implementation has been delayed due to the ongoing rain making the

area too wet to excavate.

The path connection will proceed once conditions are favourable and the path will include

lighting.

10.7 P115/2022

Question

D Havelas

With the isolation of pandemic When will council looking at more variety in their

programs including better cooking classes locally?

Including programs like digital art, bread making etc and that are not just focused just

on school age kids and just on school holidays.

Answer

The Mayor advised the Neighbourhood House program is available on Council’s website

and in Term 4, Delahey Community Centre is offering two no charge `What’s Cooking’

sessions and Westvale Community Centre is offering a no charge Christmas Cooking

session. Neighbourhood House staff welcome hearing community feedback on programs

so we encourage you to reach out to your nearest Neighbourhood House.

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10.8 P116/2022

Question

G Egan

Could Council provide an update with respect to the Sydenham Park development. Is the

Cultural Heritage Management Plan completed and approved, and if not will this delay

the commencement of the path construction contractor works at the park?

Answer

The Mayor advised the Cultural Heritage Management Plan for Sydenham Park required

further amendments and is being resubmitted to the Wurundjeri Woi Wurrung Cultural

Heritage Aboriginal Corporation this week seeking approval as soon as possible.

The approval of the Cultural Heritage Management Plan is not anticipated to delay the

commencement of the path construction works with works scheduled to begin in January

2023.

10.9 P117/2022

Question

G Egan

Has the selection of the successful tenderer for the path construction contractor works at

Sydenham Park been finalised, and when are the works expected to commence?

Answer

The Mayor advised at the Council Meeting on 20 September 2022 Council appointed a

contractor to construct the Sydenham Park Shared Use Trail Stage 1 Works.

Works are scheduled to begin in January 2023, subject to approvals.

.

Background

Council is a Responsible Authority under the

(the

Act). In this role, Council administers the Brimbank Planning Scheme (Planning Scheme)

and, among other things, determines planning permit applications made for the use and

development of the land in the municipality. Certain planning permit applications, and

other matters, are determined by Council officers under the delegated authority of

Council.

The statistics presented do not represent all development activity in the municipality.

Many types of use and development do not require a planning permit and may take

place without being recorded as part of the planning approvals data. In addition, some

planning permits are not acted on, or there may be a delay between when the approval

is granted and when works take place.

Council is a Planning Authority for the Planning Scheme and undertakes amendments to

the Planning Scheme when authorised by the Minister for Planning (Minister), or in

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accordance with section 8A(7) of the Act. Council undertakes amendments for a range of

reasons including to enhance or implement the strategic vision, to implement local

policy, to correct mistakes, to enable or restrict development, and to set aside land for

acquisition for a public purpose or remove such a reservation when it is no longer

required.

The Minister may prepare an amendment, or authorise the preparation of an amendment

by another Minister, public authority or municipal council. For the purpose of this report,

the status of Planning Scheme Amendments will only include amendments where Council

is the Planning Authority, and where Council has resolved to request authorisation from

the Minister to prepare and exhibit an amendment, or has requested that the Minister

prepare an amendment under section 20(4) of the Act.

Matters for Consideration

Eighty planning determinations and 34 subdivision determinations were made under

delegated authority in September 2022. Sixty-four new planning permit applications

were received in September 2022. The value of development for these 64 applications is

$52.2 million.

A list of the planning applications determined under delegation from Council during

September 2022 is at

Attachment 1.

Graphs showing the comparison of applications

received and determined over the last three years are shown at

Attachment 2.

September

2022

Previous

month

(August

2022)

Monthly

average for

past 12

months

September

2021

Applications

Received

64

88

71

78

Planning

Permit

Approvals

68

90

69

79

Notice of

Decision to

Grant a

Permit

9

8

8

12

Refusal to

Grant a

Planning

Permit

3

2

3

2

Subdivision

Approvals

34

26

24

28

Cost of

development

for new

applications

(millions)

$52.2

$26.3

$50.3

$49.4

Three planning appeals were determined by the Victorian Civil and Administrative

Tribunal (VCAT) in this period:

Brimbank Council Meeting No. 610 18 October 2022

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ï‚·

An appeal against a delegated decision to refuse to grant a planning permit for the

construction of a retaining wall and fencing within a Land Subject to Inundation

Overlay was unsuccessful, with VCAT ordering that no permit be issued (P127/2022

for 22 & 24 Mernda Street, Sunshine West)

ï‚·

An appeal against conditions on a delegated planning permit for a caretaker’s house

was unsuccessful, with VCAT ordering that the conditions remain, albeit in a modified

form (P798/2021 for 27 Central Avenue, Sunshine)

ï‚·

An appeal seeking the cancellation of a delegated planning permit for the

construction of two single storey dwellings was withdrawn (P667/2021 for 14 Lady

Nelson Way, Taylors Lakes).

At the end of September 2022, there were 14 appeals lodged at VCAT that had not yet

been determined. This is two more than at the end of September 2021.

The Planning Scheme Amendment Summary is shown at

Attachment 3

and includes six

Planning Scheme Amendments where Council is the Planning Authority, or has requested

the Minister to prepare an amendment under section 20(4) of the Act. The following is

highlighted from the September 2022 period:

Amendment

Intent

Progress status

Amendment C212 –

Former Sunshine Landfills

Apply Environmental Audit

Overlay to the former

Sunshine Landfills

Amendment C212 came into

operation on Wednesday 21

September 2022 when it

was published in the

Victorian Government

Gazette.

Amendment C227 –

Heritage Overlay Sunshine

Silos

Apply Heritage Overlay

(permanent) to 2 Wright

Street, Sunshine

On 20 September 2022

officers received the

Planning Panel Report.

Officers are preparing a Post

Panel report about the

Panel’s findings, and

Council’s options, which will

be presented to a future

Council Meeting.

Community Engagement

Not applicable.

Resource And Risk Implications

Resource requirements can be met within the Annual Budget 2022/2023.

There are no Community, Environmental, Financial, Regulatory or Safety risks identified.

Legislation/Council Plan/Policy Context

This report complies with the

,

and the Brimbank Planning Scheme.

Council officers contributing to the preparation and approval of this report, have no

conflicts of interests to declare.

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Resolution

Moved Cr Bruce Lancashire/Seconded Cr Victoria Borg

That Council:

a. Notes the Planning Activity Update and Delegate Decisions – September

2022 report, and Delegated Planning Permit Decisions, at Attachment 1

to this report.

b. Notes the Planning Scheme Amendment Summary – September 2022, at

Attachment 3, and that this relates to amendments where Council has

resolved to request authorisation from the Minister for Planning to

prepare and exhibit an amendment, or has requested that the Minister

prepare an amendment under section 20(4) of the

.

CARRIED

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13.2

Planning Compliance Activity Update - 1 July To 30 September 2022

13.2

Planning Compliance Activity Update - 1 July to 30

September 2022

Directorate

City Development

Director

Kelvin Walsh

Manager

Kristen Gilbert

Attachment(s)

1. Service Requests Received and PINs issued - 1 July to 30

September 2022 [

13.2.1

- 1 page]

2. Location of requests for service received [

13.2.2

- 1

page]

Purpose

For Council to note the Planning Compliance Activity Update for the period 1 July to 30

September 2022.

Officer Recommendation

That Council notes the Planning Compliance Activity update for the period of 1 July to 30

September 2022

Background

Council is the Responsible Authority under the

. In

this role, Council administers the Planning Scheme and enforces its requirements to

ensure the use and development of land in the municipality is consistent with the various

zones, overlays and other planning provisions. Council also enforces compliance with

conditions of planning permits and other statutory requirements, including agreements

made under section 173 of the Act.

Matters for Consideration

Analysis

Request Requests

for Service

Resolved

during

this period

Total

active

requests

Infringement

Notices

Issued

Official

Warnings

Issued

Quarterly

1 July 22 –

30 Sept 22 147

191

38

9

Year to

Date

1 July 22 –

30 June 23

147

191

211

38

9

Council’s Planning Compliance Unit received 147 new requests for service between 1 July

and 30 September 2022. The number of requests received is significantly higher than

the previous quarter when 115 requests were received. There were 191 requests

resolved by Officers during the quarter.

The most common requests received related to contravention of planning permit

conditions, which accounted for 30 per cent of the total requests. These requests were

located throughout the municipality, with no one area dominating.

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Signage in breach of the Planning Scheme (20 per cent) and Construction and

Environment Management Plans (10 per cent) were the next most common requests

received.

Other requests for service related to buildings and works being undertaken without a

valid planning permit, home based business, illegal earthworks/landfill, motor vehicle

repairs in residential premises, alleged illegal brothels, landscaping, heritage and high

risk waste sites. Information on the number of service requests received and Planning

Infringement Notices issued is at

Attachment 1

.

A location map of requests received is at

Attachment 2

.

Planning Infringement Notices (PINs)

There were 38 PINs issued during the quarter relating to:

ï‚·

Failure to comply with planning permit conditions

ï‚·

Use of the land for a store without a valid planning permit

ï‚·

Erection and display of real estate signage in breach of the Planning Scheme

ï‚·

Use of the land for a food van without a valid planning permit

ï‚·

Use of a residential property for a prohibited use (vehicle store).

Community Engagement

Not applicable.

Resource And Risk Implications

Resource requirements can be met within the Annual Budget 2022/2023.

There are no Community, Environmental, Financial, Regulatory or Safety risks identified.

Legislation/Council Plan/Policy Context

This report supports the Council Plan 2021-2025 strategic direction and objective of:

2. Places and Spaces - Liveable and connected neighbourhoods that support

healthy and sustainable futures - A green place for all

• Liveable and Connected - Inviting and liveable spaces and facilities, connected so

people can get around.

This report complies with the

(the Act) and the

Brimbank Planning Scheme (Planning Scheme).

Council officers contributing to the preparation and approval of this report, have no

conflicts of interests to declare.

Resolution

Moved Cr Bruce Lancashire/Seconded Cr Jae Papalia

That Council notes the Planning Compliance Activity update for the period of 1

July to 30 September 2022.

CARRIED

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13.3

Sunshine Town Centre Marketing And Business Development Special Rate Scheme

13.3

Sunshine Town Centre Marketing and Business

Development Special Rate Scheme

Directorate

City Development

Director

Kelvin Walsh

Manager

Leanne Deans

Attachment(s)

1. Letter - SBA Renewal Sunshine Marketing and

Development Special Rate 2023 - 2028 [

13.3.1

- 2

pages]

2. Proposed Declaration of Sunshine Special Rate Scheme

(1 July 2023 - 30 June 2028) [

13.3.2

- 12 pages]

Purpose

For Council to consider commencing the statutory process to declare a Sunshine Town

Centre Marketing and Business Development Special Rate (Special Rate or Scheme) for a

defined area within the Sunshine Town Centre (Centre).

Officer Recommendation

That Council:

a. Notes the letter received from the Sunshine Business Association Incorporated

requesting the introduction of a Special Rate for the Sunshine Town Centre

(Centre), at Attachment 1 to this report, and, having otherwise considered all

relevant matters, commences the statutory process under the

to declare a Special Rate for the Centre, to raise an amount in the first

year of $180,262.30 per annum, increasing 2 per cent each year thereafter for a

period of five years, commencing on 1 July 2023 and ending on 30 June 2028.

b. In accordance with sections 163(1A) and 163B(3) of the

, publishes a notice in the Star Weekly, and on Council’s website, on 25

October 2022, advising of Council’s intention to declare a Special Rate at the

Council Meeting on 21 February 2023, and that the declaration will be in

accordance with the terms outlined in the Proposed Declaration of Special Rate,

at Attachment 2 to this report.

c. Notes the Special Rate will be for the purposes of defraying expenses to be

incurred by Council in providing funds to the Sunshine Business Association

Incorporated (SBA), which funds, subject always to the approval, direction and

control of Council, are to be used for the purposes of the appointment of a

professional marketing coordinator, promotional, advertising, marketing, business

development and other incidental expenses as are approved by Council and

agreed to between Council and the SBA, all of which are associated with the

encouragement and development of commerce, retail and professional activity

and employment in the Sunshine Town Centre.

d. In accordance with section 163(1C) of the

(the Act),

sends a letter enclosing a copy of the public notice to all owners and occupiers of

the properties set out in the schedule of properties forming a part of the Proposed

Declaration of Special Rate, such letter also advising of the amount for which the

property owner or occupier will be liable or required to pay, the basis of the

calculation and distribution of the Special Rate, and notifying such persons that

submissions and/or objections in relation to the Proposed Declaration of Special

Brimbank Council Meeting No. 610 18 October 2022

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Rate may be made in writing to the Council by the date specified in the public

notice and will be considered and taken into account by Council in accordance

with sections 163A, 163B and 223 of the Act.

e. Writes to the Sunshine Business Association Incorporated advising of its intention

to declare a Special Rate for the Centre, to raise an amount of $180,262.30 per

annum, increasing 2 per cent each year for a period of five years, commencing on

1 July 2023 and ending on 30 June 2028.

f. Subject to the declaration of the Special Rate for the Sunshine Town Centre,

directs that the Sunshine Business Association Incorporated (SBA) must enter

into a Funding Agreement with Council as a condition precedent to any Special

Rate proceeds being paid to the SBA and which will confirm, among other

matters, that:

i. The role of the SBA in expending the monies raised by the Special Rate is

on behalf of Council and of an administrative nature only, and at all times

in expending the Special Rate proceeds, the SBA is acting under the

approval, direction and control of Council

ii. Council reserves all discretions relevant to the application of the proceeds

of the Special Rate; and

iii. The agreement is to be submitted to Council for approval and sealing.

g. Authorises the Director City Development to:

i. Carry out any and all other administrative procedures necessary to

enable Council to carry out its functions under section 163A and

sections 163(1A), (1B) and (1C) and sections 163B and 223 of the

in relation to the Special Rate for the

Sunshine Town Centre; and

ii. Prepare the Funding Agreement between Council and the Sunshine

Business Association Incorporated to formalise the administrative

operations of the Special Rate for the Sunshine Town Centre.

h. Appoints Councillor________________ as Chair, and appoints Councillors

________________ and ____________________, to the Hearing of Submissions

Committee, to hear any persons wishing to be heard under section 223 of the

.

i. Sets the Hearing of Submissions Committee meeting for 6pm on 8 December

2022 at the Brimbank Community and Civic Centre, 301 Hampshire Road,

Sunshine.

Background

At the Ordinary Council Meeting on 17 April 2018, Council resolved to declare the Special

Rate for the purpose of marketing, promotions, business development and other

incidental expenses associated with the encouragement and development of commerce

and trade in the Centre. The Special Rate commenced on 1 July 2018 and was calculated

to raise $704,018.63 over a five-year period, equating to $135,283.09 in the first year,

with Special Rate amounts increasing each year at a rate of 2 per cent.

The proceeds of the Special Rate are provided to the Sunshine Business Association

(SBA) in four quarterly instalments each year, to be spent in accordance with terms and

conditions outlined in a Funding Agreement between SBA and Council, and under

Council’s direction and control. The Funding Agreement also sets out Council’s

expectations and reporting requirements of the SBA.

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The current Special Rate finishes on 30 June 2023. The SBA has written to Council

requesting that the Special Rate be renewed for a further five-year term and raises

$180,000 per annum. A copy of the SBA letter is at

Attachment 1

.

Council recently surveyed business operators in the Centre about their awareness of the

SBA organised activities, which are funded with the proceeds of the Special Rate, and

their associated benefits. There were 154 responses to the survey, and following

assessment of the results, it is considered that the Special Rate has benefitted the

Centre by contributing to improved perceptions of the Centre, including improved

presentation, brand and reputation, and foot traffic and customers. A significant majority

of survey respondents indicated that they thought the Special Rate was important to the

ongoing success of the Centre.

The amount to be raised by the Special Rate represents an increase of $33,827.30 per

annum and is considered necessary given the number of activities and initiatives

delivered by the SBA, the higher costs of services generally, and that the average

amount paid by properties in other metropolitan schemes is higher.

Matters for Consideration

Options

The Officer recommendation is Option A.

Determines to commence the statutory process to reintroduce the Special Rate and

publish a notice of Council’s intention to declare a Special Rate, as described in this

report, at the Council Meeting on 21 February 2023.

Option A will support the ongoing delivery of marketing and business development

activities by the SBA, has been developed in consultation with the SBA, is considered to

be a fair and reasonable distribution of costs across the Centre and will support the

ongoing economic viability of the Centre. While the Scheme imposes an additional cost

to business, it is considered moderate in comparison to other Centres, and that the

benefits outweigh the costs.

Determines to commence the statutory process to reintroduce the Special Rate and

publish a notice of Council’s intention to declare a Special Rate, with terms different to

that described in this report, at the Council Meeting on 21 February 2023.

Option B may support the ongoing delivery of marketing and business development

activities by the SBA, although the terms will not have been developed in consultation

with the SBA and may undermine the financial model and Scheme benefits.

Determines to not publish a notice of Council’s intention to declare a Special Rate.

Option C would significantly reduce the SBAs ability to employ a marketing coordinator

and deliver a marketing and business development program. It would likely result in

additional requests to Council for funding support from the SBA, and or that Council

deliver various events and activities, requiring Council to increase its resourcing.

Analysis

Under section 163(1)(a) of the Act, Council can declare special rates and charges for the

purpose of defraying any expenses in relation to the performance of a function or the

exercise of a power of the Council, if Council considers that the performance of the

Brimbank Council Meeting No. 610 18 October 2022

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function or the exercise of the power is or will be of special benefit to the persons

required to pay the special rate or charge. Accordingly, Council must consider whether:

ï‚·

The Scheme relates to the performance of a function authorised by the Act

ï‚·

There is or will be a special benefit to those persons who will be liable to pay the

rate or charge

ï‚·

There is a reasonable distribution of the rate or charge among those persons who

are liable to pay.

It is considered that:

ï‚·

The proposed declaration of the Special Rate for marketing, promotional,

business development and other incidental expenses associated with the

encouragement and development of commerce and trade in the Centre is for the

purpose of defraying expenses relating to Council’s functions and exercise of

powers in respect of the peace, order and good government of the municipal

district of Brimbank;

ï‚·

The Special Rate is a positive local economic development initiative that will

directly and indirectly improve the commercial viability of the area to which it

applies and will therefore provide a ‘special benefit’ to those persons liable to pay

the Special Rate;

ï‚·

The Special Rate accords with strategies and actions under the strategic objective

‘Growing and Transforming’ in the Together We Are Brimbank – Council Plan 2021

– 2025;

ï‚·

The amount of the Special Rate to be raised and the distribution of the Special

Rate among those persons liable to pay is fair and reasonable, attributable to the

direct and indirect benefit to the properties and businesses within the scheme,

and is not considered to impose an unreasonable burden;

ï‚·

The proposed zone system recognises, differentially, that the Sunshine Plaza and

the Sunshine Marketplace also receive a special benefit that is considered less

than those properties located outside of these centres; and

ï‚·

In accordance with sections 163(2A) and (2B) of

, it is a considered the

‘benefit ratio’ is calculated to be a ratio of 1:1 or 100 per cent, and this

represents the total benefits of the Scheme that will accrue as special benefits to

all of those persons who are liable to pay the Special Rate, and that there are no

wider community benefits.

The proposed amount of $180,262.30 to be collected in the first year is justified for the

following reasons:

ï‚·

The SBA deliver a significant number of events and activities with the proceeds of

the Scheme, which has included the Sunshine Lunar New Year Festival, Sunshine

Lantern Festival, Sunshine Business Awards, Sunshine Food Crawls, Halloween

Street Party, Shop & Win, Fully Vaxxed in Sunshine, Straws Suck, Sunshine Short

Film Festival and Christmas activities;

ï‚·

Costs associated with the delivery of the events, activities and coordination have

and are increasing beyond the previous 2% per annum; and

ï‚·

The amount raised from the Centre is conservative, compared to other centres

where Special Rates apply.

Implementation

It is proposed the Special Rate is declared for a further five years, commencing on 1 July

2023 and ending on 30 June 2028, raising a total of $938,092.25. This equates to

$180,262.30 in the first year, increasing at a rate of 2 per cent each year for the term of

the Scheme. The purpose of the Scheme is to defray expenses to be incurred by Council

in providing funds to the SBA for the encouragement of commerce, retail, and

professional activity and employment in the Centre.

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The Special Rate is proposed to be assessed on the basis of ownership of rateable land

rated for commercial purposes located within the defined area shown in Schedules 1 and

2 of

Attachment 2

, and considered to derive a special benefit from the Scheme. The

Special Rate area does not represent the entire Centre, but rather, the core areas of the

Main Street Precinct and Southern Precinct, as described in the Sunshine Town Centre

Structure Plan 2014. The proposed Special Rate boundary considers a range of factors

including the proximity of properties to the Hampshire Road and Devonshire Road

intersection, which is considered to be the heart of the Centre.

The assessment of the Special Rate varies in accordance with the three zones

established within the defined area of the Centre, reflecting the different levels of special

benefit derived from the Scheme.

The Zone One Benefit Area includes all properties within the defined area except

Sunshine Plaza and Sunshine Marketplace, and will establish a Special Rate of 0.000549

multiplied by capital improved values (CIV) based upon the 2022 valuations, with an

annual increase of 2 per cent in amounts levied, and a minimum contribution of $200.00

and a maximum charge of $3,000.00. The amount to be raised from this area in the first

year of the Scheme is $135,690.88.

The Zone Two Benefit Area (Sunshine Plaza) will establish a special rate of 0.000344

multiplied by the CIV based upon the 2022 valuations, with an annual increase of 2 per

cent in amounts levied, and a minimum contribution of $200.00 and a maximum

contribution of $3,000.00. The amount to be raised from Sunshine Plaza in the first year

of the Scheme is $19,188.25.

The Zone Three Benefit Area (Sunshine Marketplace) will establish a special rate of

0.000269 multiplied by the CIV based upon the 2022 valuations, with an annual increase

of 2 per cent in amounts levied, and a minimum contribution of $200.00 and a maximum

contribution of $3,000.00. The amount to be raised from Sunshine Marketplace in the

first year of the Scheme is $25,383.17.

Under the proposed Scheme, the average amounts for each zone is Zone 1, $567.74,

Zone 2, $299.82, and Zone 3, $343.02.

The properties proposed to be included the Special Rate will be subject to revaluations

and supplementary valuations each year, or as otherwise in accordance with applicable

legislation. The terms of the proposed declaration are included at

Attachment 2.

It is proposed the SBA will be appointed to administer the proceeds of the Special Rate

in accordance with terms and conditions outlined in a Funding Agreement, and under the

Council’s direction and control. The Funding Agreement, among other matters, will

confirm that Council reserves all discretions relevant to the application of the proceeds of

the Special Rate.

The Funding Agreement will also set out Council’s expectations and reporting

requirements of the SBA including:

ï‚·

Provision of a current marketing and business plan, and annual budget;

ï‚·

Provision of receipts, accounts and other documents necessary to verify the

expenditure of the proceeds;

ï‚·

The SBA must maintain its legal status during the term of the agreement as an

association registered under the Associations Incorporation Reform Act 2012 (as

appropriate);

ï‚·

The SBA must maintain a public liability policy of insurance of at least $20 million

(concerning one single event) for the term of the agreement; and

Brimbank Council Meeting No. 610 18 October 2022

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ï‚·

The SBA must ensure Special Rate proceeds are only spent in the manner

approved by Council and for the purposes for which the Scheme has been

developed.

The SBA has indicated the Special Rate proceeds would fund the ongoing engagement of

a part time professional marketing person, and delivery of marketing, promotional,

communication and business development activities and initiatives.

Subject to Council’s decision, Council would:

ï‚·

Publish a notice of its intention to declare the Special Rate in a chosen newspaper

generally circulating in the municipal district of Brimbank and on its website on 25

October 2022;

ï‚·

Send a letter to land/property owners and business operators in the Centre giving

notice of its intention to declare the Special Rate;

ï‚·

Receive submissions and/objections about the Special Rate for a period of at least

28 days from giving public notice of its intention to declare the Special Rate;

ï‚·

Consider and hear any submissions and/or objections on 8 December 2022; and

ï‚·

Receive a further report at the Council Meeting on 21 February 2023, including if

required a Hearing of Submissions Committee Report and a summary of hearings

where and at which time Council would make a final decision about the

declaration of the Scheme.

Community Engagement

In August 2022, a survey was undertaken of business operators in the Centre to assess

their awareness and perceived benefits of the events and initiatives organised by the

SBA with the proceeds of the Special Rate. The survey was conducted by an independent

consultant to gauge the level of support for the Special Rate. The consultation included

information and a survey distributed in person to all business operators. A Vietnamese

translator accompanied the consultant on targeted visits.

The independent consultant’s survey report indicates there is a sufficient level of benefit

perceived by the business operators to support a decision to proceed with the statutory

procedures to introduce the Scheme, as required by the Brimbank Special Rate and

Charge Schemes Policy for Marketing, Promotion and Business Development in Town

Centres 2015 (Policy).

If Council determines to proceed with the intention to declare a new Special Rate, it

must, under section 163(1A) of the

the Act), give public

notice of its intention to make the declaration at least 28 days prior to making the

declaration.

Statutory consultation is also required under sections 163B and 223 of the Act. Written

submissions and/or objections will be invited for a period of 28 days, and

submitters/objectors will be given the opportunity to be heard in support of their

submissions and/or objections, by a Hearing of Submissions Committee scheduled to be

held at 6pm on 8 December 2022. In addition to the public notice, affected property

owners and occupiers will be sent a letter providing further details about the Special

Rate. The Hearing of Submissions Committee will prepare a report on its proceedings

and a summary of hearings.

Resource And Risk Implications

Resource requirements can be met within the Annual Budget 2022/2023.

Community:

potential impact on community, including public trust and customer

service impact

Brimbank Council Meeting No. 610 18 October 2022

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• None

Environmental:

impacts on environmental sustainability, including water/waste

management, climate change, and contaminated land

• None

Financial:

significant financial impacts

• Yes – The proceeds of the Special Rate are provided to the SBA to fund marketing and

business development activities that benefit businesses in the Centre. The funding model

is intended to fairly disperse the financial impost across the Centre. The SBA would not

have sufficient funding to employ a marketing coordinator to deliver its marketing and

business development program without the Special Rate.

Regulatory:

legal, legislative or regulatory implications including the rights/obligations

of stakeholders

• Yes – The process to introduce and manage the Special Rate must accord with the

appropriate provisions in the Act.

Safety

: health, safety or duty of care impacts

• None

Legislation/Council Plan/Policy Context

This report supports the Council Plan 2021-2025 strategic direction and objective of:

3. Opportunity and Prosperity - A future focused, transforming city where all

have opportunities to learn and earn - A prosperous place for all

• Growing and Transforming - Optimise community opportunities through infrastructure

innovation and investment.

This report complies with the Sunshine Rising Action Plan (2019 – 2024), the Economic

Development Strategy 2016 – 2020, Sunshine Town Centre Structure Plan 2014,

Brimbank Special Rate and Charge Schemes Policy for Marketing, Promotion and

Business Development in Town Centres 2015, and the

.

Council officers contributing to the preparation and approval of this report, have no

conflicts of interests to declare.

Resolution

Moved Cr Trung Luu/Seconded Cr Sam David

That Council:

a. Notes the letter received from the Sunshine Business Association

Incorporated requesting the introduction of a Special Rate for the

Sunshine Town Centre (Centre), at Attachment 1 to this report, and,

having otherwise considered all relevant matters, commences the

statutory process under the

to declare a

Special Rate for the Centre, to raise an amount in the first year of

$180,262.30 per annum, increasing 2 per cent each year thereafter for a

period of five years, commencing on 1 July 2023 and ending on 30 June

2028.

b. In accordance with sections 163(1A) and 163B(3) of the

, publishes a notice in the Star Weekly, and on

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Council’s website, on 25 October 2022, advising of Council’s intention to

declare a Special Rate at the Council Meeting on 21 February 2023, and

that the declaration will be in accordance with the terms outlined in the

Proposed Declaration of Special Rate, at Attachment 2 to this report.

c. Notes the Special Rate will be for the purposes of defraying expenses to

be incurred by Council in providing funds to the Sunshine Business

Association Incorporated (SBA), which funds, subject always to the

approval, direction and control of Council, are to be used for the

purposes of the appointment of a professional marketing coordinator,

promotional, advertising, marketing, business development and other

incidental expenses as are approved by Council and agreed to between

Council and the SBA, all of which are associated with the encouragement

and development of commerce, retail and professional activity and

employment in the Sunshine Town Centre.

d. In accordance with section 163(1C) of the

(the Act), sends a letter enclosing a copy of the public notice to

all owners and occupiers of the properties set out in the schedule of

properties forming a part of the Proposed Declaration of Special

Rate, such letter also advising of the amount for which the property

owner or occupier will be liable or required to pay, the basis of the

calculation and distribution of the Special Rate, and notifying such

persons that submissions and/or objections in relation to the Proposed

Declaration of Special Rate may be made in writing to the Council by the

date specified in the public notice and will be considered and taken into

account by Council in accordance with sections 163A, 163B and 223 of

the Act.

e. Writes to the Sunshine Business Association Incorporated advising of its

intention to declare a Special Rate for the Centre, to raise an amount

of $180,262.30 per annum, increasing 2 per cent each year for a period

of five years, commencing on 1 July 2023 and ending on 30 June 2028.

f. Subject to the declaration of the Special Rate for the Sunshine Town

Centre, directs that the Sunshine Business

Association Incorporated (SBA) must enter into a Funding Agreement

with Council as a condition precedent to any Special Rate proceeds being

paid to the SBA and which will confirm, among other matters, that:

i. The role of the SBA in expending the monies raised by the Special

Rate is on behalf of Council and of an administrative nature only,

and at all times in expending the Special Rate proceeds, the SBA

is acting under the approval, direction and control of Council

ii. Council reserves all discretions relevant to the application of the

proceeds of the Special Rate; and

iii. The agreement is to be submitted to Council for approval and

sealing.

g. Authorises the Director City Development to:

i. Carry out any and all other administrative procedures necessary

to enable Council to carry out its functions under section 163A

and sections 163(1A), (1B) and (1C) and sections 163B and 223

of the

in relation to the Special Rate

for the Sunshine Town Centre; and

ii. Prepare the Funding Agreement between Council and the

Sunshine Business Association Incorporated to formalise the

Brimbank Council Meeting No. 610 18 October 2022

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administrative operations of the Special Rate for the Sunshine

Town Centre.

h. Appoints Councillor Jasmine Nguyen as Chair, and appoints Councillors

Sam David and Trung Luu, to the Hearing of Submissions Committee, to

hear any persons wishing to be heard under section 223 of the

.

i. Sets the Hearing of Submissions Committee meeting for 6pm on 8

December 2022 at the Brimbank Community and Civic Centre, 301

Hampshire Road, Sunshine.

CARRIED

Brimbank Council Meeting No. 610 18 October 2022

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13.4

Amendment C225brim Planning Scheme Review And Update

13.4

Amendment C225brim Planning Scheme Review and

Update

Directorate

City Development

Director

Kelvin Walsh

Manager

Leanne Deans

Attachment(s)

1. Amendment C255brim - Panel Report [

13.4.1

- 41

pages]

2. Amendment C 225 brim - Summary of Panel Report

recommendations officer consideration [

13.4.2

- 3

pages]

3. Amendment C255brim - Changes to Amendment

Documents [

13.4.3

- 3 pages]

4. Amendment C 225 brim - Post Exhibition - Preferred

Version [

13.4.4

- 86 pages]

5. Amendment C255brim - Explanatory Report and

Instruction Sheet [

13.4.5

- 11 pages]

Purpose

For Council to note the Panel Report for Brimbank Planning Scheme Amendment

C225brim - Planning Policy Framework Translation (Amendment C225brim or the

Amendment) and to consider adopting the Amendment with changes, and submitting it

to the Minister for Planning for approval.

Officer Recommendation

That Council:

a. Notes the Planning Panel Report for Brimbank Planning Scheme Amendment

C225brim – Planning Policy Framework Translation, as shown at Attachment 1 to

this report.

b. Notes and endorses the Council officer consideration of the recommendations

made in the Planning Panel Report for Brimbank Planning Scheme Amendment

C225brim – Planning Policy Framework Translation, as shown at Attachment 2.

c. Endorses changes to Brimbank Planning Scheme Amendment C225brim –

Planning Policy Framework Translation to replace the Municipal Strategic

Statement and Local Planning Policy Framework with the updated Municipal

Planning Strategy and Planning Policy Framework, as shown at Attachment 4 to

this report.

d. Adopts the modified Brimbank Planning Scheme Amendment C225brim –

Planning Policy Framework Translation under Section 29(1) of the

as shown as at Attachment 4 to this report.

e. Submits the modified Brimbank Planning Scheme Amendment C225brim –

Planning Policy Framework Translation to the Minister for Planning for approval in

accordance with Section 31(1) of the

, as

shown at Attachment 4 and Attachment 5 to this report.

Brimbank Council Meeting No. 610 18 October 2022

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f. Writes to the submitters to Brimbank Planning Scheme Amendment – Planning

Policy Framework Translation C225brim advising of Council’s decision as outlined

in recommendations a, b, c, d and e.

Background

The Victorian Government has made substantial changes to the structure of planning

schemes by introducing a new Municipal Planning Strategy (MPS) and Planning Policy

Framework (PPF) to replace the Municipal Strategic Statement and Local Planning Policy

Framework.

The MPS and PPF are the first comprehensive overhaul of planning schemes since the

new format planning scheme in 1999/2000. The MPS replaces the Municipal Strategic

Statement to provide a succinct overview of the strategic policy directions for Brimbank.

The PPF provides the context for spatial planning and decision making by combining the

State and Local Planning Policy Frameworks into one structure.

Council officers worked with the Victorian Government to draft the new MPS and PPF and

at the Council Meeting on 20 July 2021 Council resolved to prepare and exhibit the

Amendment.

Amendment C225brim proposes to:

ï‚·

replace the Municipal Strategic Statement with a new MPS at Clause 02

ï‚·

insert revised local planning policies within the PPF at Clauses 11-19

ï‚·

amend general provisions and operational provisions consistent with the Brimbank

Planning Scheme Review 2017 and State Government reforms to the Victoria

Planning Provisions introduced by State Government Amendment VC148.

Council received conditional authorisation to prepare and exhibit Amendment C225brim

on 9 August 2021, and it was exhibited 4 November – 16 December 2021. Council

received 12 submissions and after considering these submissions resolved at its Meeting

on 19 April 2022 to refer the submissions to a Planning Panel.

The Planning Panel held a hearing on 16 and 17 June 2022 and provided its Planning

Panel Report to Council on 29 July 2022, which is shown at

Attachment 1

.

Council is now required to consider the Planning Panel’s recommendations and

suggestions for further work, and to make a final decision about the Amendment.

Matters for Consideration

Options

There are four options for Council to consider in progressing Amendment C225brim, of

which Council officers recommend Option B:

ï‚·

Option A - Adopt Amendment C225brim accepting all changes recommended by the

Panel and submit it to the Minister for Planning for approval

ï‚·

Option B - Adopt Amendment C225brim accepting some changes recommended by

the Panel and submit it to the Minister for Planning for approval

ï‚·

Option C - Adopt Amendment C225brim without accepting any changes

recommended by the Panel and submit it to the Minister for Planning for approval –

not supported.

ï‚·

Option D - Abandon Amendment C225brim.

Brimbank Council Meeting No. 610 18 October 2022

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Council officers support some of the recommendations made by the Panel, but not all,

and on this basis recommend Option B. For this reason, Option A, C and D are not

recommended.

Analysis

Before Council makes a decision about Amendment C225brim, it must consider the merit

and assess the impact of each recommendation.

The Panel Report, shown at

Attachment 1

, outlines the submissions, consideration and

recommendations of the Planning Panel, and

Attachment 2

contains a Council officer

assessment of the Panel’s recommendations.

A summary of the Council officer assessment is provided below:

This recommendation is supported and responds to changes proposed post-exhibition

and further minor changes discussed at Planning Panel. The Panel has reviewed these

changes and recommended they be included as part of the adopted amendment

documentation. An outline of the changes made post-exhibition are shown at

Attachment 3.

This recommendation is partially supported however amendments are proposed to better

reflect that the delivery of Melbourne Airport Rail, combined with the existing integrated

regional transport hub, is focused on and around Sunshine Station, and improvements to

Albion Railway Station forms part of wider precinct planning and does not form part of

Melbourne Airport Rail project.

ï‚·

ï‚·

ï‚·

ï‚·

ï‚·

While officers appreciate the sentiment of this recommendation, it is not supported as it

doesn’t accord with DELWP’s drafting conventions.

Brimbank Council Meeting No. 610 18 October 2022

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4.

.

This recommendation is supported.

5. On the relevant Framework Plans, include the Sunshine North Neighbourhood Activity

Centre.

This recommendation is not supported. The Sunshine North Activity Centre is not listed

in the Brimbank Activity Centre Strategy 2018 and subject to a separate approval

process.

ï‚·

ï‚·

ï‚·

ï‚·

This recommendation is not supported. The Victorian Government is leading airport

safeguarding and will implement changes into the Victorian Planning Provisions to ensure

a consistent approach across all councils. Further, the proposed change doesn’t accord

with DELWP’s drafting conventions.

This recommendation is supported.

The Panel also recommended possible further work to develop actions to remove

covenants as part of an implementation plan for revised Housing and Neighbourhood

Character Strategies. This suggested work is not supported as these housing related

Strategies have not been finalised. On this basis it is considered premature, and can be

revisited once Council has considered its revised Housing Strategies.

The modified Amendment including the post Panel and above proposed changes is shown

at

Attachment 4,

and the updated Explanatory Report and Instruction Sheet is shown

at

Attachment 5

to this report.

Next steps

If Amendment C225brim is adopted with or without changes, Council would submit the

amendment to the Minister for Planning for approval in accordance with Section 31(1) of

the

. If it is approved by the Minister, the

Amendment will come into effect when a notice is gazetted in the Government Gazette.

It is also proposed that Council advise submitters of its decision about the Amendment

and any decision made by the Minister for Planning.

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Community Engagement

Council received 12 submissions to Amendment C225brim, which was exhibited from 4

November 2021 until 16 December 2021 in accordance with section 19(1A) of the

.

At the Council Meeting on 19 April 2022 Council resolved, among other matters, to

request the Minister for Planning to appoint a Planning Panel to consider all submissions

about Amendment C225brim and referred all submissions to the Planning Panel. The

Planning Panel Hearing was held on 16 and 17 June 2022.

Planning Panels Victoria wrote to all submitters outlining how they could be heard by the

Panel. In addition to Council the Panel heard from three submitters. The Planning Panel

Hearing process is independent of Council.

Resource And Risk Implications

Resource requirements can be met within the Annual Budget 2022/2023.

Community:

potential impact on community, including public trust and customer

service impact

• Yes If approved, Amendment C225brim will alter the ‘look and feel’ of the existing Planning

Scheme. The community will need to become familiar with a new Planning Scheme in

order to identify the policies most relevant to them. It is likely there will be increased

pressure on Council Officers in the short-term, including Strategic and Statutory Planning

Officers, and Customer Service Officers, to explain the new Scheme to community

members.

In accordance with the drafting rules established by a Practitioners Guide, the PPF

translation has resulted in the removal of existing local policy content. Removal of local

policy could have an impact on the community’s perception of Council as it relates to

planning for issues that are important to them.

Environmental:

impacts on environmental sustainability, including water/waste

management, climate change, and contaminated land

• Yes Amendment C225brim includes draft policies relating to environmental sustainability,

including water and waste management, climate change and contaminated land. It is

anticipated the new PPF will result in improved planning provisions that are clear, easy to

understand and therefore, able to be consistently applied.

Financial:

significant financial impacts

• None

Regulatory:

legal, legislative or regulatory implications including the rights/obligations

of stakeholders

• Yes The new format planning scheme will require changes to internal processes and will

require planning permit applicants to respond to the new format. This may result in time

delays as applicants and officers familiarise themselves with the new format. It is noted

that internal workshops have been provided to guide staff on how to use the new format.

Safety

: health, safety or duty of care impacts

• None

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Legislation/Council Plan/Policy Context

This report supports the Council Plan 2021-2025 strategic direction and objective of:

2. Places and Spaces - Liveable and connected neighbourhoods that support

healthy and sustainable futures - A green place for all

• Liveable and Connected - Inviting and liveable spaces and facilities, connected so

people can get around

• Sustainable and Green - Protect natural environments for current and future

generations

3. Opportunity and Prosperity - A future focused, transforming city where all

have opportunities to learn and earn - A prosperous place for all

• Growing and Transforming - Optimise community opportunities through infrastructure

innovation and investment

4. Leadership and Governance - A high performing organisation that enacts the

vision and decisions of Council through the delivery of quality and innovative

services - A fairer place for all

• Engaged and Responsive - Community insights are valued to enhance connection and

engagement with Council

• High Performing and Accountable - Our workforce strive to enhance services and

liveability for the Brimbank community.

This report complies with the

.

Council officers contributing to the preparation and approval of this report, have no

conflicts of interests to declare.

Resolution

Moved Cr Bruce Lancashire/Seconded Cr Ranka Rasic

That Council:

a. Notes the Planning Panel Report for Brimbank Planning Scheme

Amendment C225brim – Planning Policy Framework Translation, as

shown at Attachment 1 to this report.

b. Notes and endorses the Council officer consideration of the

recommendations made in the Planning Panel Report for Brimbank

Planning Scheme Amendment C225brim – Planning Policy Framework

Translation, as shown at Attachment 2.

c. Endorses changes to Brimbank Planning Scheme Amendment C225brim –

Planning Policy Framework Translation to replace the Municipal Strategic

Statement and Local Planning Policy Framework with the updated

Municipal Planning Strategy and Planning Policy Framework, as shown at

Attachment 4 to this report.

d. Adopts the modified Brimbank Planning Scheme Amendment C225brim –

Planning Policy Framework Translation under Section 29(1) of

the

as shown as at Attachment 4 to

this report.

Brimbank Council Meeting No. 610 18 October 2022

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e. Submits the modified Brimbank Planning Scheme Amendment

C225brim – Planning Policy Framework Translation to the Minister for

Planning for approval in accordance with Section 31(1) of the

, as shown at Attachment 4 and Attachment

5 to this report.

f. Writes to the submitters to Brimbank Planning Scheme Amendment –

Planning Policy Framework Translation C225brim advising of Council’s

decision as outlined in recommendations a, b, c, d and e.

CARRIED

Brimbank Council Meeting No. 610 18 October 2022

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13.5

Proposal To Rename Section Of Ashton Avenue, St Albans

13.5

Proposal To Rename Section of Ashton Avenue, St

Albans

Directorate

Organisational Excellence

Director

Shane Marr

Manager

Andrew Brae

Attachment(s)

Nil

Purpose

For Council to consider the outcome of the voting poll, and the proposal to rename the

section of Ashton Avenue, St Albans, between Main Road East and Clarke Avenue.

Officer Recommendation

That Council:

a. Having considered the results of the voting poll, and in accordance with the

Naming Rules for Places in Victoria 2022 - Statutory Requirements for Naming

Roads, Features and Localities, determines to rename the section of Ashton

Avenue, St Albans, between Main Road East and Clarke Avenue, to Tong Avenue.

b. Writes to submitters advising them of Council’s decision, and advising them of

their right to appeal Council’s decision to the Registrar of Geographic Names.

c. Lodges its proposal to rename the section of Ashton Avenue, St Albans, between

Main Road East and Clarke Avenue, to Tong Avenue, with the Registrar of

Geographic Names for consideration of endorsement and registration.

d. Following registration by the Registrar of Geographic Names, informs the

community, by advertising in the Star Weekly and on Council’s website, and

notifies local stakeholders, including affected residents and ratepayers, and

emergency services, of the renaming of the section of Ashton Avenue, St Albans,

between Main Road East and Clarke Avenue, to Tong Avenue.

Background

Council is a Naming Authority under the

and

the Naming rules for places in Victoria 2022 - Statutory requirements for naming roads,

features and localities (the Rules).

Council’s Place Naming Policy (Policy) provides guidance for naming places, including

suburbs, features and roads, in the City of Brimbank. The Policy has an emphasis on

preserving Brimbank’s identity and heritage and ensuring any naming decisions are

made in the best interests of the whole community.

The place naming process involves consultation with the community and stakeholders,

prior to a final decision by Council. Proposals are assessed against the Rules prior to

community consultation, to ensure they meet all relevant criteria.

In 2014, the property at 45 Clarke Avenue, St Albans was subdivided into two lots with

the numbers allocated of 45 Clarke Avenue and 2B Ashton Avenue, St Albans. Titles

were released in July 2015 and the current property of 2B Ashton Avenue was built in

April 2020.

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Since the allocation of the new numbers, Council has been advised there have been

instances where emergency and delivery services have experienced difficulty in locating

the property at 2B Ashton Avenue.

The Rules provide that street numbers must not risk public operational safety for

emergency response.

To address these issues, it is recommended to rename the section Ashton Avenue, St

Albans, between Main Road East and Clarke Avenue, to allow for clearer numbering.

Original Proposal

At the Council Meeting on 14 December 2021, Council endorsed the proposal to rename

the section of Ashton Avenue, St Albans, between Main Road East and Clarke Avenue to

Carruthers Avenue, for community consultation in accordance with the Rules (the

original Proposal).

At the Council Meeting on 17 May 2022, Council considered the submissions received on

the original Proposal, and determined not to proceed on the grounds that there was

minimal community support for the name Carruthers.

Notwithstanding the minimal community support for the original Proposal, it is still

considered in the public interest to rename the section of Ashton Avenue.

Current Proposal

At the Council Meeting on 17 May 2022, in accordance with the Rules, Council endorsed

the proposal to rename the section of Ashton Avenue, St Albans, between Main Road

East and Clarke Avenue, to one of the following historical names of significance, as

determined by a voting poll (the current Proposal):

ï‚·

Lanigan

ï‚·

Tong

ï‚·

Peck

ï‚·

Miriam

ï‚·

Stalini

ï‚·

Bajada.

Matters for Consideration

Options

A. Officer Recommendation

B. Council may wish to pursue the name Lanigan.

Analysis

Council received 15 responses to the voting poll. The names Lanigan, Tong and Peck

each received an equal number of highest votes (two votes each).

Council received advice from Geographic Names Victoria (GNV) that the name Peck is

non-compliant with the Rules due to a similar name within a 5km radius.

Further, GNV advised that while the name Lanigan is compliant with the Rules, there are

some marginally similar names within a 5km radius. Accordingly, the name Tong is

considered to be the strongest option, with the most community support.

Of the 15 responses to the voting poll, four did not vote and instead suggested an

alternate name of Tolga Avenue. The name Tolga is non-compliant with the Rules as it is

duplicated by a similar name within a 5km radius.

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Implementation

Subject to Council approval, the chosen name will be lodged with the Registrar of

Geographic Names (Registrar), for consideration of endorsement and registration.

Prior to registering the name, the Registrar will allow a 30 day period for any objections

to Council’s process, in accordance with the Rules.

Community Engagement

Council will write to all submitters advising them of Council’s decision.

Following registration by the Registrar, Council will inform the community by advertising

in the Star Weekly and on Council’s website, and notify local stakeholders including

affected residents and ratepayers, and emergency services, of the renaming.

Resource And Risk Implications

Resource requirements can be met within the Annual Budget 2022/2023.

Community:

potential impact on community, including public trust and customer

service impact

• Yes - Costs associated with the renaming would include new street signage, which can

be met within existing budgets, and possible mail redirection (this should only affect one

property).

Legislation/Council Plan/Policy Context

This report supports the Council Plan 2021-2025 strategic direction and objective of:

4. Leadership and Governance - A high performing organisation that enacts the

vision and decisions of Council through the delivery of quality and innovative

services - A fairer place for all

• Engaged and Responsive - Community insights are valued to enhance

connection and engagement with Council

• High Performing and Accountable - Our workforce strive to enhance services

and liveability for the Brimbank community

.

This report complies with Council’s Place Naming Policy, the

, and the Naming rules for places in Victoria 2022 - Statutory requirements for

naming roads, features and localities.

Council officers contributing to the preparation and approval of this report, have no

conflicts of interests to declare.

Resolution

Moved Cr Virginia Tachos/Seconded Cr Sam David

That Council:

a. Having considered the results of the voting poll, and in accordance with

the Naming Rules for Places in Victoria 2022 - Statutory Requirements

for Naming Roads, Features and Localities, determines to rename the

section of Ashton Avenue, St Albans, between Main Road East and Clarke

Avenue, to Tong Avenue.

Brimbank Council Meeting No. 610 18 October 2022

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b. Writes to submitters advising them of Council’s decision, and advising

them of their right to appeal Council’s decision to the Registrar of

Geographic Names.

c. Lodges its proposal to rename the section of Ashton Avenue, St Albans,

between Main Road East and Clarke Avenue, to Tong Avenue, with the

Registrar of Geographic Names for consideration of endorsement and

registration.

d. Following registration by the Registrar of Geographic Names, informs the

community, by advertising in the Star Weekly and on Council’s website,

and notifies local stakeholders, including affected residents and

ratepayers, and emergency services, of the renaming of the section of

Ashton Avenue, St Albans, between Main Road East and Clarke Avenue,

to Tong Avenue.

CARRIED

Brimbank Council Meeting No. 610 18 October 2022

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13.6

Governance Report October 2022

13.6

Governance Report October 2022

Directorate

Advocacy Partnerships and Community Engagement

Director

Georgie Hill

Manager

Lauren Blatchford

Attachment(s)

1. Records of Informal Meetings of Councillors [

13.6.1

- 6

pages]

2. Delegates and Representatives Reports [

13.6.2

- 6

pages]

3. Draft S5 Instrument of Delegation to the Chief Executive

Officer [

13.6.3

- 4 pages]

4. Proposed Council Meeting Dates for 2023 [

13.6.4

- 1

page]

5. Brimbank Council Target Zer0 Request for Pledge of

Support Letter [

13.6.5

- 3 pages]

Purpose

For Council to consider a summary of recent Governance activity.

Officer Recommendation

That Council:

a. Notes the:

i. Governance Report October 2022.

ii. Contract entered into in accordance with S7 Instrument of Sub

Delegation (22/3229).

iii. Records of Informal Meetings of Councillors, at Attachment 1 to this

report, for incorporation in the minutes of this meeting.

iv. Delegate’s and Representative’s Reports, at Attachment 2 to this report,

for incorporation in the minutes of this meeting.

b. In the exercise of the power conferred by section 11(1)(b) of the

, resolves that:

i. There be delegated to the person holding the position, or acting in or

performing the duties, of Chief Executive Officer the powers, duties and

functions set out in the S5 Instrument of Delegation, at Attachment 3 to

this report, subject to the conditions and limitations specified in that

Instrument.

ii. The Instrument comes into force immediately upon Council resolution.

iii. On the coming into force of the Instrument the previous S5 Instrument of

delegation to the Chief Executive Officer is revoked.

iv. Despite the revocation of the S5 Instrument any Addendum made under

any previous S5 Instruments continues in force until revoked in

accordance with the terms of the Addendum.

v. The duties and functions set out in the Instrument must be performed,

and the powers set out in the instruments must be executed, in

accordance with any guidelines or policies of Council that it may from

time to time adopt.

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c. Approves the proposed Council Meeting dates for 2023, at Attachment 4 to this

report, and gives notice of the dates in the Star Weekly newspaper and on

Council’s website.

d. Signs the pledge, at Attachment 5 to this report, and becomes a partner of the

Target Zer0 project.

Background

The monthly governance report is a standing report to Council, in accordance with best

practice and good governance principles, and to ensure compliance with the

requirements of the

Councillor Code of Conduct

2021 (Code), and Councillor Support (Major) Policy 2020.

Matters for Consideration

Analysis

Exercise of Delegated Authority

Council delegates powers, duties and functions to the Chief Executive Officer in order to

support efficient operation and delivery of Council services. The Chief Executive Officer

has sub-delegated some authority to Directors (and other Council officers). Significant

decisions made, or actions undertaken exercising delegated authority, are reported to

Council as a transparency and accountability measure.

The Chief Executive Officer has been delegated authority by Council to award contracts

up to $1,000,000 (inclusive of GST) through an Instrument of Delegation made on 20

July 2021 (S5 Instrument of Delegation to the Chief Executive Officer). The Chief

Executive Officer has sub-delegated authority to Directors to award contracts up to

$200,000 (inclusive of GST) through an Instrument of Delegation made on 14

September 2022 (S7 Instrument of Sub-Delegation by the Chief Executive Officer).

Contracts entered into in accordance with S7 Instrument of Sub-Delegation

Contract entered into, or executed under, delegation since reporting to the last Council

Meeting is:

Contract

No.

Description

Successful

Tenderer

Contract

Amount (inc

GST)

Date

Awarded

22/3229 Green Gully Reserve Dog

Off-Leash Park Upgrade

Commercialsc

apes Pty Ltd

$338,497.20

(lump sum)

$54,745.00

(provisional

sum)

16 September

2022

Records of Informal Meetings of Councillors

An Informal Meeting of Councillors includes meetings that are:

ï‚·

Scheduled or planned for the purpose of discussing the business of Council or briefing

Councillors,

ï‚·

Attended by at least one member of Council staff, and

ï‚·

Not Council meetings, Delegated Committee meetings or Community Asset

Committee meetings.

Written records of Informal Meetings of Councillors are kept and include the names of all

Councillors and Council officers attending, the matters considered, any conflict of interest

disclosures made, and whether a Councillor who has disclosed a conflict of interest

leaves the meeting.

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These records, as soon as practicable, will be reported at a Council Meeting, and

incorporated in the minutes of that Council Meeting.

Records of Informal Meetings of Councillors

(Attachment 1)

were received for the

following meetings:

Date

Event

26 September 2022 Social Justice Coalition - Strategic Implementation Group

27 September 2022 #Brimbank People Portfolio

11 October 2022

Council Meeting Briefing

Delegate’s and Representative’s Reports

The participation on a range of local, specific issues, committees established by Council,

peak body/sector associations, and local and regional forums, is an essential part of the

representative role Council plays. Council nominates Councillors as delegates and

representatives to these committees annually.

The role, as the Council delegate or Council representative on these committees, is to

represent the position of Council, and report back to Council at a Council Meeting on the

issues or progress of the committees, and any recommendations made by the

committees.

Delegate’s and Representative’s Reports

(Attachment 2)

were received for the

following meetings:

Date

Event

Councillor/s

26 September 2022 Social Justice Coalition - Strategic

Implementation Group

Cr Nguyen

Cr Papalia

5 October 2022 Metropolitan Transport Forum

Cr Papalia

Councillor Declarations of Representations by Members of Parliament

Councillors have a legitimate role in advocating on behalf of their communities. At times,

this may include the receiving of representations by a Member of State or Federal

Parliament, to Council or Councillors. Councillors will declare and record any

representations made to a Councillor by a Member of Parliament or their staff

representative.

There are no Councillor Declarations of Representations by Members of Parliament for

this period.

S5 Instrument of Delegation to the Chief Executive Officer

It is proposed to amend the S5 Instrument of Delegation to the Chief Executive Officer

(S5 Instrument) to allow the Chief Executive Officer to make an application for funding

for projects where Council’s contribution is likely to be in excess of $1 million provided

that Council approves a final funding agreement and any related contracts or

expenditure in relation to any project that is successfully funded.

Proposed Council Meeting Dates for 2023

Council’s current meeting cycle model was introduced in March 2016. The model consists

of a Planning Forum (with no decision making functions) held on the second Tuesday of

the month, and a Council Meeting on the third Tuesday of the month. The remaining two

Tuesdays of the month are used to provide briefings to Councillors on upcoming matters

likely to be presented to Council for consideration.

Brimbank Council Meeting No. 610 18 October 2022

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The proposed Council Meeting Dates for 2023 are at

Attachment 4

. It is recommended

Council approve these dates and give notice in the Star Weekly newspaper and on

Council’s website, in accordance the Brimbank Governance Rules 2020.

Target Zer0

A collective impact model developed by West Justice and CMY, Target Zer0 is an

ambitious 10-year program that aims to drive towards zero (the number of) children and

youth in Brimbank, Melton and Wyndham involved in the justice system, especially those

from Indigenous and culturally diverse backgrounds, and those who live in residential

care. These children are all disproportionately represented in the criminal justice system.

Target Zer0 aim to partner with government and non-government agencies, grassroots

organisations, and impacted communities to address the systemic and psycho-social

causes of youth criminalisation, including poverty, racism, trauma, domestic violence,

and substance abuse. The basis of the partnership is to develop and identify targeted

programs co-designed with the community that will empower young people and their

families to break the cycle of arrests, charges, convictions and incarcerations that can

permanently taint the lives of young people.

Currently, Stage 2 of the 'Building Foundations’ project involves engaging the

community, looking for early adopters and opportunities for funding and data to

strengthen the project. Target Zer0 has more than a dozen signatories who have already

signed on as partners; Brimbank Council is the first of a number of councils to be asked

to join.

Target Zer0 aligns with the objectives of Council’s Youth Strategy and Safe and Inclusive

Brimbank Strategy in supporting community engagement and involvement of other

internal departments to support the safety and inclusion of young people in Brimbank,

through early intervention and collaborative responses.

Joining the coalition will commit council to:

ï‚·

Working in a collaborative, collective and coordinated way to achieve Target Zer0’s

twin goals of designing out youth crime and reducing overrepresentation;

ï‚·

Empowering impacted communities and young people to co-design the solution;

ï‚·

Aligning programs and services to address the drivers of youth offending and

contribute to the achievement of Target Zer0’s goals.

This initiative aligns closely with the work Council is focused on in terms of community

safety, crime prevention, social justice and supporting young people. There are many

opportunities for the Council to work together on this critical goal to eliminate youth

criminalisation and address the over-representation of young people in the criminal

justice system.

Community Engagement

Not applicable.

Resource And Risk Implications

Resource requirements can be met within the Annual Budget 2022/2023.

Regulatory:

legal, legislative or regulatory implications including the rights/obligations

of stakeholders

• This report fulfils legislative governance obligations, to provide transparent and

accountable reporting of governance activity.

There are no Community, Environmental, Financial or Safety risks identified.

Brimbank Council Meeting No. 610 18 October 2022

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Legislation/Council Plan/Policy Context

This report supports the Council Plan 2021-2025 strategic direction and objective of:

4. Leadership and Governance - A high performing organisation that enacts the

vision and decisions of Council through the delivery of quality and innovative

services - A fairer place for all

• High Performing and Accountable - Our workforce strive to enhance services and

liveability for the Brimbank community.

This report complies with the

, Council Plan 2021-2025, S5 Instrument of

Delegation to the Chief Executive Officer, S7 Instrument of Sub-Delegation by the Chief

Executive Officer, Councillor Code of Conduct 2021 and Procurement Policy.

Council officers contributing to the preparation and approval of this report, have no

conflicts of interests to declare.

Resolution

Moved Cr Bruce Lancashire/Seconded Cr Jae Papalia

That Council:

a. Notes the:

i. Governance Report October 2022.

ii. Contract entered into in accordance with S7 Instrument of Sub

Delegation (22/3229).

iii. Records of Informal Meetings of Councillors, at Attachment 1 to

this report, for incorporation in the minutes of this meeting.

iv. Delegate’s and Representative’s Reports, at Attachment 2 to this

report, for incorporation in the minutes of this meeting.

b. In the exercise of the power conferred by section 11(1)(b) of the

, resolves that:

i. There be delegated to the person holding the position, or acting

in or performing the duties, of Chief Executive Officer the powers,

duties and functions set out in the S5 Instrument of Delegation,

at Attachment 3 to this report, subject to the conditions and

limitations specified in that Instrument.

ii. The Instrument comes into force immediately upon Council

resolution.

iii. On the coming into force of the Instrument the previous S5

Instrument of delegation to the Chief Executive Officer is

revoked.

iv. Despite the revocation of the S5 Instrument any Addendum made

under any previous S5 Instruments continues in force until

revoked in accordance with the terms of the Addendum.

v. The duties and functions set out in the Instrument must be

performed, and the powers set out in the instruments must be

executed, in accordance with any guidelines or policies of Council

that it may from time to time adopt.

c. Approves the proposed Council Meeting dates for 2023,

at Attachment 4 to this report, and gives notice of the dates in the Star

Weekly newspaper and on Council’s website.

Brimbank Council Meeting No. 610 18 October 2022

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d. Signs the pledge, at Attachment 5 to this report, and becomes a partner

of the Target Zer0 project.

CARRIED

Brimbank Council Meeting No. 610 18 October 2022

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13.7

Annual Report 2021-2022

13.7

Annual Report 2021-2022

Directorate

Advocacy Partnerships and Community Engagement

Director

Georgie Hill

Manager

Georgie Hill

Attachment(s)

1. Brimbank City Council Annual Report 2021-2022 [

13.7.1

- 211 pages]

Purpose

For Council to consider adopting the Brimbank City Council Annual Report 2021-2022 at

Attachment 1

to this report.

Officer Recommendation

That Council:

a. Adopts the Brimbank City Council Annual Report 2021-2022, at Attachment 1 to

this report.

b. Notes a copy of the Annual Report 2021-2022 is available on Council’s website.

Background

Section 98(1) of the

(the Act) requires councils to prepare

an annual report in respect of each financial year, including a Report of Operations,

audited Financial Statements and Performance Statement. The annual report must be

presented to a council meeting (open to the public) by

31 October 2022

.

Under the Act, councils are no longer required to forward a copy of their Annual Report

to the Minister for Local Government. Brimbank Council has however provided the

Minister for Local Government with a copy of its Annual Report for 2021-2022.

The Financial Statements 2021-2022 and Performance Statement 2021-2022 required to

be included in the Annual Report, were adopted in-principle at the Council Meeting on 20

September 2022.

The Annual Report meets the State Government’s performance reporting framework that

became mandatory from 1 July 2014. All councils are required to report results as part of

their Annual Report. The framework was introduced to ensure all councils measure and

report on their performance in a consistent way. The Annual Report also follows the

Local Government Better Practice Guide Report of Operations 2021-2022, published by

the Department of Jobs, Precincts and Regions.

Matters for Consideration

For Council to adopt the Annual Report 2021-2022 at

Attachment 1

.

Analysis

The Council Plan 2021-2025 set out agreed objectives, activities and strategic indicators

for Council to achieve its vision for the city: ‘

A transformed Brimbank that is

beautiful, thriving, healthy and connected.’

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This vision is supported by four key Strategic Directions:

ï‚·

People and Community – a welcoming, safe and supported community

ï‚·

Places and Spaces – Liveable and connected neighbourhoods that support healthy

and sustainable futures

ï‚·

Opportunity and Prosperity – A future focused, transforming city where all have

opportunities to learn and earn

ï‚·

Leadership and Governance – a high performing organisation that enacts the

vision and decision of Council through quality and innovative services.

The Action Plan that was developed detailed the actions and activities to be undertaken

to achieve the four key strategic directions. The progress of these actions and activities

was reported to Council on a quarterly basis, culminating in the Report of Operations

required as part of the Annual Report. In addition to the specific actions identified in the

Council Plan 2021-2025, the Annual Report also includes information on key services and

programs provided by Council.

Key highlights for 2021-2022 included:

ï‚·

Delivering a strong $82.23 million capital works program (including $14.41

million carried forward from 2020-2021). Highlights included:

o

Sporting facilities upgrades valued at $41.425 million which included the

new Brimbank Aquatic and Wellness Centre, sports pavilions at More Park,

Bon Thomas Reserve and Delahey Reserve, female sports facilities

upgrade at Keilor Park, as well as sports reserve lighting upgrades.

o

A $19.70 million roadworks program to manage Brimbank’s road network

in a safe, sustainable, and financially responsible way

o

Town centre upgrades valued at $776,162 to improve amenity,

connectivity in medium-sized activity centres and for pedestrian

accessibility improvements

o

An investment of $4.43 million in better playgrounds, parks, gardens and

open spaces

o

Bikes and shared paths improvements worth $3.32 million

o

An investment of $2.43 million for improvements to community facilities,

such as neighbourhood houses, libraries and children’s centres

o

A $1.78 million commitment to sustainability projects – including a water

security program, and programs for Sunshine Energy Park, Albion and

Carrington Drive Reserve, Albion

ï‚·

Hosting the ‘Let’s Talk Brimbank’ events in all four Council wards, providing

community members the opportunity to meet their local Councillors and ask

questions

ï‚·

Endorsing a new campaign – ‘Transforming Brimbank, Let’s Build it Better

together’ which aims to leverage the existing funding and commitments of the

Melbourne Airport Rail project to deliver meaningful and generational change for

the community

ï‚·

Developing and commencing implementation of the Mental Wellbeing Plan (2022-

2024) which recognises Council’s role in advocating, facilitating and enabling the

delivery of mental health services

ï‚·

Adopting a Transport Priorities Paper to outline Council’s key transport priorities,

reflecting current Council, State and Federal commitments

ï‚·

Lodging submissions to the 2022 Draft Melbourne Airport Master Plan including a

Health Risk Assessment commissioned by Council

ï‚·

Adopting Council’s 10 Year Asset Plan (2022-2032), following a period of

deliberative community and stakeholder engagement

ï‚·

Advocating successfully to help secure tens-of-millions of dollars in State and

Federal investments for the Brimbank community

ï‚·

Creating a Pandemic Operations Response Team to respond to the surge in

COVID-19 cases during the Delta strain wave of 2021, by overseeing food and

relief support services and working closely with local community leaders and

Brimbank Council Meeting No. 610 18 October 2022

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organisations to encourage greater take up of vaccination and testing at local

sites

ï‚·

Adopting the Together We are Brimbank Plan that incorporates the Community

Vision 2040, Council Plan 2021-2025 and Municipal Public Health and Wellbeing

Plan.

Community Engagement

Public notice was given on 11 October 2022 in the Brimbank Star Weekly and on

Council’s website, that Council will consider its Annual Report at the Council Meeting on

18 October 2022. A copy of the Annual Report is available for viewing on Council’s

website.

Resource And Risk Implications

Resource requirements can be met within the Annual Budget 2022-2023.

There are no community, environmental, financial or safety risks identified.

Regulatory:

legal, legislative or regulatory implications including the rights/obligations

of stakeholders

• Yes - Endorsing the recommendations in this report will ensure Council’s continued

compliance with the legislative requirements.

Legislation/Council Plan/Policy Context

This report supports the Council Plan 2021-2025 strategic direction and objective of:

1. People and Community - A welcoming, safe and supported community - An

inclusive place for all

• Wellbeing and Belonging - Responsive services that support mental and physical

wellbeing

• Pride and Participation - Community and cultural connections built through social and

artistic expression

2. Places and Spaces - Liveable and connected neighbourhoods that support

healthy and sustainable futures - A green place for all

• Liveable and Connected - Inviting and liveable spaces and facilities, connected so

people can get around

• Sustainable and Green - Protect natural environments for current and future

generations

3. Opportunity and Prosperity - A future focused, transforming city where all

have opportunities to learn and earn - A prosperous place for all

• Growing and Transforming - Optimise community opportunities through infrastructure

innovation and investment

• Earning and Learning - Everyone has access to education, training and lifelong learning

to support their aspirations

4. Leadership and Governance - A high performing organisation that enacts the

vision and decisions of Council through the delivery of quality and innovative

services - A fairer place for all

• Engaged and Responsive - Community insights are valued to enhance connection and

engagement with Council

• High Performing and Accountable - Our workforce strive to enhance services and

liveability for the Brimbank community.

This report complies with the

.

Brimbank Council Meeting No. 610 18 October 2022

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Council officers contributing to the preparation and approval of this report, have no

conflicts of interests to declare.

Resolution

Moved Cr Virginia Tachos/Seconded Cr Thuy Dang

That Council:

a. Adopts the Brimbank City Council Annual Report 2021-2022, at

Attachment 1 to this report.

b. Notes a copy of the Annual Report 2021-2022 is available on Council’s

website.

CARRIED

Brimbank Council Meeting No. 610 18 October 2022

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13.8

Proposed Aboriginal Community Centre

13.8

Proposed Aboriginal Community Centre

Directorate

Community Wellbeing

Director

Lynley Dumble

Manager

Wambui Thirimu

Attachment(s)

1. Needs Analysis for an Aboriginal Community

Hub in Brimbank May 2022 [

13.8.1

- 50 pages]

Purpose

For Council to consider developing a MOU and auspicing the Coowinda Community Group

to support a pilot of a culturally safe and welcoming space and programs for Aboriginal

and Torres Strait Islander people at Romsey Villa, 42 Furlong Road North Sunshine.

Officer Recommendation

That Council:

a. Develops a MOU with the Coowinda Community Group to support a pilot of a

culturally safe and welcoming space and programs for Aboriginal and Torres Strait

Islander people at Romsey Villa, 42 Furlong Road North Sunshine for an initial

period of up to five years.

b. Auspices an application through the State Government Neighbourhood House

funding stream to support an Aboriginal-run Community facility.

c. Pursues any funding opportunities that would support the delivery of Aboriginal

and Torres Strait Islander programs.

d. Considers a future community facility for Aboriginal and Torres Strait Islander

people as part of the next review of the Community Services and Infrastructure

Plan.

Background

A number of Aboriginal and Torres Strait Islander community members in Brimbank

have, for many years, sought support from local, state and commonwealth governments

to secure a facility or space to create a local Aboriginal-led community centre within

Brimbank municipality. The Centre would serve as a culturally safe space for the local

Brimbank Aboriginal and Torres Strait Islander community, having an impact on

reconciliation, healing and health and wellbeing, while also being important for non

Aboriginal people.

In 2020, Council assisted local Aboriginal Elders to establish an Aboriginal Community

led organisation named Coowinda. The name Coowinda means a happy place and the

group currently comprises of seven members. The group is seeking to grow this

membership. The group is unincorporated and Council is working with the community to

assist with setting up a successful governance structure. The group’s main aim is to

bring Aboriginal and Torres Strait Islander community together to heal and connect,

learn from each other and for the Elders to pass on knowledge. Some of the activities

run to date with the community include youth activities, Elders meetings, cultural dances

and various artwork such as women’s weaving among others.

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In June 2021, the Department of Family, Fairness and Housing (DFFH) funded Council to

conduct a community led Aboriginal needs analysis at

Attachment 1

, reporting on the

viability of establishing an Aboriginal Community Hub in Brimbank. This was undertaken

in close consultation with the Brimbank Aboriginal and Torres Strait Islander Consultative

Committee (BATSICC). The report findings consistently and strongly endorse the need

for a site specific Aboriginal-led community space in Brimbank for the community to

meet, to heal and to connect. The community, Council and service provider stakeholders

also noted the opportunity such a Centre offers for services to continually connect with,

deliver multiple programs and better serve the community.

The role of Councils in providing pivotal support, resources and facilitation was also

emphasised. This includes, but is not restricted to, participation on committees,

governance development and support, support for writing funding applications, auspice

arrangements, infrastructure, facilitating relationships with other arms of government

and funding opportunities, funding the development and maintenance of centres and

employment of Aboriginal staff. This support and resourcing aligns with Councils’ role in

fostering community health and wellbeing, enabling inclusive communities and

reconciliation with First Nations people.

In parallel to the needs analysis process, work commenced to identify and review a

range of potential sites in the Brimbank municipality. Romsey Villa, a former Planned

Activity Group (PAG) venue and Council-owned facility situated at 43 Furlong Road,

North Sunshine is vacant and meets the majority of criteria recommended for an

Aboriginal community space. The land parcel is 695m and the main building is 175m.

This includes indoor and outdoor locations, three activity rooms of varying size, office

space, disability access, including ramps and disability toilets, secure garden area and

raised garden beds. In addition, the site is located near Sunshine Hospital and is close to

public transport.

While currently vacant, intentions have been outlined in Council’s Community Services

and Infrastructure Plan (CSIP) to replace all Council owned buildings at the site

(Kindergarten, Thomas Hall and Romsey Villa) with a Children’s and Community Hub.

This is currently set out in the Ten-Year Financial Plan for construction beyond 10 years

in 2032/33.

Discussions have been held with officers from the Department of Fairness, Families and

Housing (DFFH), who have recommended that if Council can guarantee a suitable space

for a minimum of five years, an application could be lodged through the Neighbourhood

House funding stream to support an Aboriginal led Community Centre. Should the

funding be successful, Council as an auspice will:

1. Take on the legal and financial responsibility of the community centre.

2. Support the program aims of the community centre.

3. Support and recognise Coowinda as community-based committee.

4. Provide the department with an MOU or deed of delegation between Council and

Coowinda that outlines Coowinda is responsible for overseeing the business and

functions of the centre, specifies responsibilities for managing programs and

services, acquitting funds and specifies Council’s roles and responsibilities.

Matters for Consideration

Analysis

Brimbank Council's Innovative Reconciliation Action Plan 2019 - 2021 (Extended to

December 2022) confirms Council's commitment to participate and support the

development of an Aboriginal and Torres Strait Islander community hub.

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Establishing Romsey Villa as a pilot site

It is proposed that Council supports a pilot that would see Romsey Villa initially available

for up to 3 days per week to support the local Aboriginal and Torres Strait Islander

community members in Brimbank establish a culturally safe space and programs for

healing and health and wellbeing.

MOU

To support the pilot it is proposed that a MOU be developed with Coowinda Community

Group that would outline the details of the pilot, resourcing as well as Council and the

Coowinda Community Group roles.

External funding

It is proposed that Council endorses pursuing any funding opportunities that would

support the delivery of Aboriginal and Torres Strait Islander programs, and auspices an

application to the DFFH Neighbourhood House funding stream.

DFFH has recommended that if Council can offer space for five years and auspice

Coowinda community group for the first one – two years, a Neighbourhood House

funding stream application can be submitted. If this funding (up to $90,000) is allocated

it will provide resources to employ a Program Coordinator as well as program funds and

oncosts.

Implementation

The Aboriginal community is ready to commence delivering programs from the Centre.

Structural assessments have been undertaken and the location has been deemed safe

for occupation. Council’s building maintenance department has advised that with some

minor works undertaken to maintain the garden and remove stored furniture, the

location could be ready for use within one month.

Community Engagement

The Aboriginal Community Hub Needs Analysis conducted in June 2021 – May 2022

aimed at:

ï‚·

gathering more information about community needs.

ï‚·

investigating community hub models.

ï‚·

consulting with existing service providers and identify potential stakeholders.

ï‚·

inform any future funding opportunities and assist the levels of government to

enhance community planning.

Resource And Risk Implications

Resource requirements can be met within the Annual Budget 2022/2023.

Community:

potential impact on community, including public trust and customer

service impact

• Yes – The Aboriginal and Torres Strait Islander community has for many years sought

a culturally safe space they could call their own to heal, connect and reconcile. Failure to

provide this Centre will result to lack of trust and exacerbate the effects of colonisation

already felt by the community leading to a further deterioration of mental health.

There are no environmental, financial, regulatory or safety risk implications.

Legislation/Council Plan/Policy Context

This report supports the Council Plan 2021-2025 strategic direction and objective of:

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1. People and Community - A welcoming, safe and supported community - An

inclusive place for all

• Wellbeing and Belonging - Responsive services that support mental and physical

wellbeing

• Pride and Participation - Community and cultural connections built through social and

artistic expression

2. Places and Spaces - Liveable and connected neighbourhoods that support

healthy and sustainable futures - A green place for all

• Liveable and Connected - Inviting and liveable spaces and facilities, connected so

people can get around

3. Opportunity and Prosperity - A future focused, transforming city where all

have opportunities to learn and earn - A prosperous place for all

• Growing and Transforming - Optimise community opportunities through infrastructure

innovation and investment.

This report complies with Innovative Reconciliation Action Plan 2019 – 2021 (Extended

to December 2022).

Council officers contributing to the preparation and approval of this report, have no

conflicts of interests to declare.

Resolution

Moved Cr Victoria Borg/Seconded Cr Ranka Rasic

That Council:

a. Develops a MOU with the Coowinda Community Group to support a pilot

of a culturally safe and welcoming space and programs for Aboriginal and

Torres Strait Islander people at Romsey Villa, 42 Furlong Road North

Sunshine for an initial period of up to five years.

b. Auspices an application through the State Government Neighbourhood

House funding stream to support an Aboriginal-run Community facility.

c. Pursues any funding opportunities that would support the delivery of

Aboriginal and Torres Strait Islander programs.

d. Considers a future community facility for Aboriginal and Torres Strait

Islander people as part of the next review of the Community Services and

Infrastructure Plan.

CARRIED

Brimbank Council Meeting No. 610 18 October 2022

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13.9

Taylors Lakes Lions Club Community Garden Proposal

13.9

Taylors Lakes Lions Club Community Garden Proposal

Directorate

Infrastructure and City Services

Director

Neil Whiteside

Manager

Adrian Gray

Attachment(s)

1. Project Charter for Community Garden at Parmelia Drive

Reserve [

13.9.1

- 13 pages]

Purpose

For Council to consider supporting the formalisation of a Memorandum of Understanding

Agreement between Council and the Taylors Lakes Lions Club for the establishment of a

community garden at Parmelia Drive Reserve, Taylors Lakes.

Officer Recommendation

That Council:

a. Supports the establishment of a community garden at Parmelia Drive Reserve by

the Taylors Lakes Lions Club, subject to the formalisation of a Memorandum of

Understanding Agreement between Council and the Taylors Lakes Lions Club.

b. Supports the establishment of a Memorandum of Understanding Agreement

between Council and the Taylors Lakes Lions Club detailing the necessary

requirements and responsibilities for establishing a community garden at

Parmelia Drive Reserve, Taylors Lakes.

c. Writes to the Taylors Lakes Lion Club advising of Council’s resolution in relation to

the proposed community garden at Parmelia Drive Reserve, Taylors Lakes.

Background

In 2021 Council officers and Melbourne Water officers met with the Taylors Lakes Lions

Club (the Club) to discuss the possibility of establishing a community garden along

Taylors Creek opposite The Lakes Reserve Flagship Park. This site was not supported by

both Council and Melbourne Water officers due to flooding, vegetation and the site being

isolated.

Subsequent to this, the Club wrote to Council in May 2022 to discuss the possibility of

establishing a community garden at Parmelia Drive Reserve, Taylors Lakes (Reserve).

Following this letter, an onsite meeting was held at the Reserve to discuss what was

required to establish a community garden in an area in the Reserve adjacent to the

Remus Way Child Centre.

Matters for Consideration

Analysis

As mentioned above, an on-site meeting occurred at the Reserve with the Club on Friday

22 July 2022. At this meeting the Club distributed a Flyer that discussed their preferred

location, discussed the benefits of the community garden proposal and listed key

considerations. One key consideration is the management structure and the following is

an extract from the Flyer that describes the proposed management structure:

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ï‚·

o

o

o

The Club has put considerable thought into the community garden proposal, including

the Flyer and development of a Project Charter (refer to

Attachment 1

) and is very

keen to progress this idea with Council.

The following key considerations were raised by Council officers at the above site

meeting:

A MOU Agreement between Council and the Club that sets out the responsibilities is

proposed to assess whether approval for this piece of open space should be utilised as a

community garden. The MOU Agreement will clearly state the responsibilities of each

organisation and what is required by the Club to establish a community garden,

including, if approved, the requirement for the Club to enter into a Lease for the land as

per Council’s Community Facilities Hire, Licences and Leases Agreement Major Policy.

If a community garden is successfully established on this site, Council’s preference is

that the garden is the responsibility of the Club including responsibility for ongoing

maintenance.

An ecological survey will be required of this area to determine if there are any

indigenous grassland species that will be impacted/removed in establishing the garden.

The Club would be responsible for conducting the vegetation survey by a suitable

ecological professional, during spring/summer when plants are actively growing. This will

require that the area is not mown for 4-6 weeks to allow all existing plants to grow and

be identified. If indigenous plants are identified then the Club will be responsible for

seeking a planning permit for their removal.

The Club indicated that they prefer the site to be fenced. Council officers discussed the

possibility for the site not to be fenced as a way of maximising use by the local

community.

The Club raised concerns about theft which is something to be considered, however,

other existing community gardens have experienced theft despite having a 2.5m high

fence surrounding the garden.

From a park amenity perspective, a fence that stands about 1.2m high would allow

someone passing by to look into the garden, like a front yard while walking along a

street, creating a sense of connection. The preference would be for the height of the

fence and material that suggests more about a garden than a barrier and this will be

considered as part of the development of the MOU.

The Club will need to consider a potable water supply to allow for watering. This requires

further investigations with the Remus Way Child Centre a possible source of stormwater

capture for use in the garden.

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The ongoing success of a community garden is maximised when the community is the

driving force behind its establishment. The Club is made up of people from Taylors Lakes

and has strong connections to the Taylors Lakes community. The Club has advised there

is demand for a community garden from people living in a nearby retirement complex

while the Club would seek other groups and/or individuals to come and use the garden.

The Club has already received letters of support for a community garden from:

ï‚·

Keilor Retirement Village

ï‚·

The Lakes Retirement Village

ï‚·

Taylors Lakes Primary School

ï‚·

Taylors Lakes Secondary School

The Club hopes to engage the above in activities at the community garden. In addition

to the above, the Club has spoken to members of the community directly, conducted a

survey, undertaken letterbox drops and to date have around 20 respondents with 94%

saying they supported the proposal. The Club has confirmed that to date, they have

around 30 volunteers who have indicated a desire to be an active member.

Council, through its Neighbourhood Houses, currently manages two community gardens

- at Westvale Community Centre in Cyril Clements Reserve, Kings Park with 54 plots and

at Padley Park, St Albans with 33 plots.

Issues management is ongoing, including regular safety inspections, managing issues

between gardeners, dumping of rubbish which attracts vermin, vandalism and

maintenance of the garden beds.

Usage at both sites is at capacity, however the demand for garden plots has decreased

over the years and as a result waiting lists are no longer kept. As garden plots become

vacant, they are identified for communal gardening as this supports community

development outcomes, such as social inclusion and learning new skills.

The Seeders and Weeders Group, the Koorie Homework Club, the Westvale Men’s Shed

and Jackson School are some of the groups engaged through this new approach. A

community garden at Selwyn Park, Albion is managed by the Kororoit Creek

Neighbourhood House and not by Council (although it is on Council land).

It may be possible that a new community garden established at Parmelia Drive Reserve

would connect with the existing community garden network as way of learning and

sharing knowledge while supporting each other.

Finally, if this community garden is successfully established at Parmelia Drive Reserve,

the agreement would be managed through Council's Leisure and Community Facilities

Department.

Implementation

If Council supports the proposed establishment of this community garden at Parmelia

Drive Reserve, the next step would be to formalise a MOU Agreement between Council

and the Club.

Following this an ecological assessment is required to determine if any indigenous

grassland species exist. Subject to this assessment a planning permit may be required.

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Subject to final approval of use of the land for a community garden, Council officers

would formalise the use through a Lease with the Club as per Council’s Community

Facilities Hire, Licences and Leases Agreement Major Policy.

Subject to the above, it is likely that a community garden could be established at

Parmelia Drive Reserve, Taylors Lakes in 2023.

Community Engagement

It is proposed that the MOU Agreement would require the Club to conduct community

engagement with residents who live in the vicinity of the Reserve to seek feedback and

support for a community garden.

Resource And Risk Implications

Resource requirements for the development of a MOU Agreement can be met within the

Annual Budget 2022/2023.

Community:

potential impact on community, including public trust and customer

service impact

• Yes – The Club has been in discussion with Council officers on the provision of a

community garden in Taylors Lakes based on support from the local community.

Regulatory:

legal, legislative or regulatory implications including the rights/obligations

of stakeholders

• Yes – The Club will be required to comply with a planning permit requirement, subject

to further investigations on indigenous vegetation and comply with a future signed MOU

Agreement and Lease with Council.

There are no Environmental, Financial or Safety risks identified

Legislation/Council Plan/Policy Context

This report supports the Council Plan 2021-2025 strategic direction and objective of:

1. People and Community - A welcoming, safe and supported community - An

inclusive place for all

• Wellbeing and Belonging - Responsive services that support mental and physical

wellbeing

2. Places and Spaces - Liveable and connected neighbourhoods that support

healthy and sustainable futures - A green place for all

• Liveable and Connected - Inviting and liveable spaces and facilities, connected so

people can get around.

This report complies with Creating Better Parks Policy and Plan.

Council officers contributing to the preparation and approval of this report, have no

conflicts of interests to declare.

Resolution

Moved Cr Bruce Lancashire/Seconded Cr Ranka Rasic

That Council:

a. Supports the establishment of a community garden at Parmelia Drive

Reserve by the Taylors Lakes Lions Club, subject to the formalisation of a

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Memorandum of Understanding Agreement between Council and the

Taylors Lakes Lions Club.

b. Supports the establishment of a Memorandum of Understanding

Agreement between Council and the Taylors Lakes Lions Club detailing

the necessary requirements and responsibilities, including provision of a

full height, black plastic coated, see through fence and gate be

incorporated into the Memorandum of Understanding Agreement as

requested by the Taylors Lakes Lions Club, for establishing a community

garden at Parmelia Drive Reserve, Taylors Lakes.

c. Writes to the Taylors Lakes Lion Club advising of Council’s resolution in

relation to the proposed community garden at Parmelia Drive Reserve,

Taylors Lakes.

CARRIED

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13.10

Draft Alfrieda Street Master Plan

13.10

Draft Alfrieda Street Master Plan

Directorate

Infrastructure and City Services

Director

Neil Whiteside

Manager

Adrian Gray

Attachment(s)

1. Draft Alfrieda Street Master Plan [

13.10.1

- 46 pages]

Purpose

For Council to consider endorsing the Draft Alfrieda Street Master Plan for community

consultation for a period of four weeks and invite written submissions.

Officer Recommendation

That Council:

a. Endorses the Draft Alfrieda Street Master Plan, at Attachment 1 to this report, for

community consultation for a period of 4 weeks and invites written submissions.

b. Notes the Draft Alfrieda Street Master Plan includes two options for the Civic Walk

section and that the community consultation process will seek feedback on the

two options for Council’s further consideration.

c. Receives a further report outlining any submissions made on the Draft Alfrieda

Street Master Plan, including the feedback on the two options for the Civic Walk

section, and present a Final Draft Alfrieda Street Master Plan for consideration.

Background

The development of the Alfrieda Street Master Plan is an action in the Council Plan, the

St Albans Precinct Structure Plan and the Go St Albans Action Plan. The Draft Alfrieda

Street Master Plan (the draft Master Plan) has also been informed by several key Council

strategies and polices including the Climate Emergency Plan, Sunshine Priority Precinct

Vision and Creating Streets for People Policy.

A first round of community and stakeholder engagement was undertaken between 5

March and 9 May 2021. This first round of engagement was to gather information and

current issues and opportunities in Alfrieda Street to inform the development of a draft

Master Plan.

The draft Master Plan includes the whole street from Main Road East to Taylors Road and

there are three distinct sections; the Civic Walk in the south, the Nature Walk in the

centre and the Neighbourhood Walk in the north. Alfrieda Street is a key street in St

Albans linking people to shops and the train station, to schools and to the new Brimbank

Aquatic and Wellness Centre on Taylors Road. The draft Master Plan provides a vision for

the future development of the street.

Matters for Consideration

Analysis

The draft Master Plan (refer

Attachment 1

) has been prepared following site

investigations, community consultation and alignment with Council strategies and

Brimbank Council Meeting No. 610 18 October 2022

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policies. It also follows the United Nations guidelines for the development of sustainable

cities.

The draft Master Plan includes the site history, the site analysis and the feedback

obtained through the community and stakeholder engagement.

In pre-colonial times the site was an open grassland of the Victorian volcanic basalt

plains and home to the Wurundjeri people of the Kulin nation. For the Traditional

Owners, the lands in the City of Brimbank have always been a significant trading and

meeting place.

In 1830s when the first European settlers arrived, the pastoral settlers occupied the area

in 1850s and were the first migrants of St Albans. The gold rush and the Selection Act in

1860s brought more European migrant settlers to the area. In early 20th century the

opening of new factories in Sunshine brought more British settlers to the area.

In 1887, St.Albans became an “architect-designed” suburb of Brimbank when

Cosmopolitan Land & Banking Company moved to the area as the result of the new train

station. At the time St.Albans was described as ‘the healthiest suburb in Melbourne, only

22 minutes from Town, with splendid views.

The opening of Western Institute in 1986 in St Albans was an important development in

the educational history of Brimbank area. St Albans itself had the first Mechanics’

Institute in the area which was established by local people in 1906. The Mechanics’

institute became a popular community venue for many years which held Shakespeare

night, concerts and dances.

The community hubs were one of the very integral parts of the migrant communities’ life

in St Albans. The land of Errington Reserve located opposite the Tin Shed was donated

by Alice Errington to the people of St Albans in 1930s and became the place for many

community fêtes and bazaars and has been the home for many clubs. Similarly, the ‘Tin

Shed’ has been a centre of local sports, arts and social life, with dances, concerts,

classes and groups, involving thousands of young people since 1954.

In 2016, St Albans had lower proportion of children (under 18) and a higher proportion

of persons aged 60 or older compare to City of Brimbank. The three largest ancestries in

St Albans in 2016 were Vietnamese (24.6%), English (7.9%) and Australian (7.7%).

57.9% of the population were born overseas with Vietnam, India and Malta being the top

three birthplaces.

The analysis of the site included an analysis of the existing distribution of space – it was

found that the majority of the space is allocated to cars, there is no space allocated to

cycling while tree canopy and space allocated to trees is very low. This analysis

highlighted the need to re-think the functional layout of the street.

An analysis of the potential for harvesting stormwater was also undertaken and it was

found that there is a lot of stormwater than could be harvested, treated and re-used to

increase shade and greening throughout the entire length of the street.

Existing issues were analysed through site visits to the entire length of Alfrieda Street as

outlined below:

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Within the Civic Walk and Nature Walk sections of the street – Main Road East to Biggs

Street:

-

Wide roads and median parking are barriers to pedestrian permeability and

connectivity between train station and town centre

-

Illegal double parking and wide traffic lanes create congestion

-

Linkage to surrounding car park spaces is unsafe and inaccessible to pedestrians

-

Walking & cycling are not supported

-

Streetscape lacks protection from elements such as sun, rain and wind

-

Large expanses of asphalt create a hot environment and cause localised flooding

-

Illegal dumping of rubbish makes the space unsafe and uninviting

-

Green open spaces are fragmented by roads and underutilised

-

Footpaths are narrow and crowded and don’t provide opportunity for social

interaction

Within the Neighbourhood section of the street – Biggs Street to Taylors Road:

-

The wide straight roads prioritise vehicles and encourage drivers to travel at

inappropriate speeds

-

Multiple roundabouts not ideal for walking and cycling

-

Streetscape lacks shade and protection from elements such as sun, rain and wind

and does not encourage cycling and walking

-

Primary school has no presentation to street

-

Unmaintained nature strips, litter and illegal dumping diminish the appeal of the

area

-

Narrow and low-quality footpaths are uninviting for residents to walk to local

shops

-

Existing median green space within the nature walk is fragmented by roads, lacks

amenities and underutilised

-

Low tree canopy due to young trees & overhead power lines

Community engagement was undertaken between 5 March and 9 May 2021. The

purpose of this first round of consultation was to gather information about current usage

of the street and issues and opportunities. People who live, work, visit and own

businesses in Alfrieda Street were identified as the target population to engage in this

public consultation. A range of online and in-person consultation activities took place and

all material was translated into Vietnamese, Arabic and Punjabi. A Vietnamese speaking

facilitator was available for on-site workshops. The communications and engagement

activities were effective in engaging over 440 participants.

From this consultation, the following key features for any future design of Alfrieda Street

for the shopping and residential areas are, in the order of importance:

Shopping area:

1. Wider footpaths, outdoor dining and trading

2. Shade trees and planting

3. Seating, drinking fountains, bins / recycling

4. Spaces for community gatherings /picnics /events

5. Car parking

Residential area:

1. Shade trees and planting

2. Spaces for community gatherings /picnics /events

3. Wider footpaths, outdoor dining and trading

4. Connection to public transport, safer crossings

5. Car parking

The features have been incorporated in The Plan and vison for Alfrieda Street.

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The draft Master Plan includes the following vision statement:

The draft Master Plan outlines the following objectives for each of the sections which

have been informed by the site analysis strategic alignment and community engagement

feedback:

Civic Walk



Provide a safe, welcoming public space that supports day and night-time dining

culture



Increase space for on-street trading



Increase space for events and activities



Reduce traffic congestion



Improve connectivity to public transport, surrounding streets and activity nodes

such as St Albans Community Centre



Prioritise active transport (Walking and Cycling) over through traffic



Prioritise the movement of public transport



Increase tree canopy cover and greening



Relocate on-street car parks to surrounding streets with no net loss of car park

Nature Walk



Increase safety and passive surveillance



Provide equitable and welcoming space for the community



Create a destination point between activity centre and Brimbank Aquatic and

Wellness Centre



Provide continuous and appealing experience for pedestrians and cyclists



Provide a linear green space



Reduce Urban Heat Island Effect



Harvest stormwater runoff for re-use to support tree canopy cover



Increase urban biodiversity and improve ecosystem health

Neighhourhood Walk



Provide safe, inviting, and accessible



neighbourhood that encourages walking and



cycling



Provide safe and easy connection to shops,



community hubs and green spaces



Increase shade tree canopy and enhance urban



biodiversity

The draft Master Plan presents two options for the Civic Walk section.

These two options were generated with consideration for the equitable allocation of

space. The difference between the two options is the positioning of the public realm.

Option 1 has the public realm on the west, and Option 2 has the majority of the public

realm on the east.

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The location of the public realm and associated transport options (walking, cycling, cars

and buses) has a big influence on public safety, amenity and urban comfort. Locating the

public realm on the west side (Option 1) ensures that more shade spreads across the

whole street making it a cooler place to visit. This option also minimises any conflict

between walking, cycling and vehicles as there are no crossovers.

Both options maximise pedestrian movement along shops and for businesses to utilise

for outdoor trading and dining. The public realm area is space to be used for community

gatherings, events and markets. The public realm would not be available for individual

businesses to set up outdoor trading or dining.

The following table details a comparison of both options and how well they align with the

objectives of the draft Master Plan.

Urban Design Objective Option 1

Option 2

Provide a safe, welcoming

public space that supports

day and night-time dining

culture

Large expanses of

continuous public realm

and space for community

gathering and events

Two separate areas of

public realm for community

gathering and events

separated by road

crossings

Increase space for on

street trading

No changes to existing

footpath trading areas.

Additional space would be

provided

There would need to be

some removal of footpath

trading outside #53

Alfrieda Street to allow

room for the relocated bus

stop

Increase space for events

and activities

Continuous public realm

that could support large

events without the need for

the closure of Alfrieda

Street. A large space

provided in front of the

library

The public realm is

segmented so would not

support large events

without the need for the

closure of Alfrieda Street.

Limited public realm out

the front of the library

Reduce traffic congestion Minimal conflict points

between buses and other

vehicles as there are

minimal crossing points to

negotiate

There are a number of

crossing points to negotiate

that will reduce the smooth

flow of traffic and

potentially create conflict

Improve connectivity to

public transport,

surrounding streets and

activity nodes such as St

Albans Community

Good connection to library,

St Albans Community

Centre and the Alfrieda

Street Plaza

The connection to the

library requires crossing

over Alfrieda Street, the

new plaza would require

modification

Prioritise active transport

(Walking and Cycling) over

through traffic

Wide footpath and

separated bike lanes

Cyclists and pedestrians

have to share the footpath

on the southern end and

there are conflicts at the

crossing points

Prioritise the movement of

public transport

Buses travel in one straight

line

Buses have to negotiate a

number of pedestrian

crossings

Increase tree canopy cover All healthy mature trees 16 healthy mature trees

Brimbank Council Meeting No. 610 18 October 2022

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and greening

will be retained in addition

to new trees maximising

shade, canopy cover and

cooling

would be removed and new

trees would not shade the

road surface reducing

cooling

Relocate on-street car

parks to surrounding

streets with no net loss of

car park

Zero net loss of car parks Net loss of 8 car parks

To ensure broad community support for the substantial change proposed by the draft

Master Plan, it is suggested that the community be presented with the two options for

the Civic Walk section seeking feedback through the four-week community engagement

process.

In addition to the above objectives, both options seek to address the current low levels

of pedestrian and cycling amenity within the Civic Walk. Allocating more road space to

pedestrians and cyclist has been proven to increase business revenue. This diagram

shows how much revenue can generated by different kerbside uses

Source: Urbis 2021

Implementation

Subject to the Council’s endorsement of the draft Master Plan, Council officers will

organise the community consultation process and prepare a further report for Council’s

consideration seeking Council’s adoption of the final draft Alfrieda Street Master Plan

(final draft Master Plan).

If the final draft Master Plan is adopted by Council, Council officers will prepare a

business case for each section of Alfrieda Street for Council’s consideration for funding in

future budgets. These business cases will also be used for advocacy with the State and

Federal Governments to seek funding support. The Civic Walk section will require

significant investment. It is estimated that this section alone would cost approximately

$15 million in today’s dollars based on rates from the recent Civic Green project in

Hampshire Road.

Community Engagement

Subject to Council’s endorsement of the draft Master Plan, Council officers will organise

the community and stakeholder consultation process for a four-week period.

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The consultation will include presentations to the St Albans Partnership Group, St Albans

Business Association and a focus on engaging with local primary and high schools to

gather specific feedback from these areas.

There will be listening posts held in Alfrieda Street to gather feedback face to face from

local shoppers and traders.

There will be also an online presence with a Your Say Page on Council’s website, social

media posts and also fliers delivered to all residents within 500m of Alfrieda Street.

The community will be asked for their feedback on the draft Master Plan, including

feedback on the two options for the Civic Walk section.

Resource And Risk Implications

Funding for the development of the draft Master Plan was provided in the 2021/2022

Annual Budget. Subject to Council’s adoption of the final draft Master Plan, business

cases will be developed for each section of the Master Plan for consideration for funding

in future Annual Budget processes.

Community:

potential impact on community, including public trust and customer

service impact

• Yes - The Plan is a vision and will require significant investment, particularly for the

Civic Walk section, and expectations will need to be managed. The changes proposed for

the streetscape will raise some potential concerns with traders who see parking as a

major issue, so education about the importance of foot traffic will be critical.

Environmental:

impacts on environmental sustainability, including water/waste

management, climate change, and contaminated land

• Yes - The Plan will focus on walking and cycling as alternative modes of transport.

With this the intent is to reduce reliance on the car, and reduce the amount of

greenhouse gases entering the atmosphere. The Plan also has a big focus on harvesting,

treating and re-using stormwater, to not only reduce pollutant loads to local waterways,

but to also provide irrigation to create a greener streetscape and public realm. The Plan

proposes, particularly in the Nature and Neighbourhood Walks, the re-introduction of

flora and fauna that is native to the area to protect and enhance the local biodiversity.

Financial:

significant financial impacts

• Yes - There are financial implications with the implementation of the Master Plan.

Subject to Council’s adoption of the final draft Master Plan, business cases will be

developed for each section of the Master Plan for consideration for funding in future

Annual Budget processes. The adoption of the Master Plan will also provide the

opportunity for Council to seek external funding for implementation.

Regulatory:

legal, legislative or regulatory implications including the rights/obligations

of stakeholders

• None

Safety

: health, safety or duty of care impacts

• None

Legislation/Council Plan/Policy Context

This report supports the Council Plan 2021-2025 strategic direction and objective of:

1. People and Community - A welcoming, safe and supported community - An

inclusive place for all

Brimbank Council Meeting No. 610 18 October 2022

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• Wellbeing and Belonging - Responsive services that support mental and physical

wellbeing

• Pride and Participation - Community and cultural connections built through social and

artistic expression

2. Places and Spaces - Liveable and connected neighbourhoods that support

healthy and sustainable futures - A green place for all

• Liveable and Connected - Inviting and liveable spaces and facilities, connected so

people can get around

• Sustainable and Green - Protect natural environments for current and future

generations

3. Opportunity and Prosperity - A future focused, transforming city where all

have opportunities to learn and earn - A prosperous place for all

• Growing and Transforming - Optimise community opportunities through infrastructure

innovation and investment.

This report complies with the Council Plan 2021-2025, Brimbank Climate Emergency

Plan, Sunshine Priority Precinct Vision, Cycling and Walking Strategy 2016, the Urban

Forest Strategy 2016 and Creating Streets for People Policy 2022.

Council officers contributing to the preparation and approval of this report, have no

conflicts of interests to declare.

Resolution

Moved Cr Jae Papalia/Seconded Cr Virginia Tachos

That Council:

a. Endorses the Draft Alfrieda Street Master Plan, at Attachment 1 to this

report, for community consultation for a period of 4 weeks and invites

written submissions.

b. Notes the Draft Alfrieda Street Master Plan includes two options for the

Civic Walk section and that the community consultation process will seek

feedback on the two options for Council’s further consideration.

c. Receives a further report outlining any submissions made on

the Draft Alfrieda Street Master Plan, including the feedback on the

two options for the Civic Walk section, and present a Final Draft Alfrieda

Street Master Plan for consideration.

CARRIED

Brimbank Council Meeting No. 610 18 October 2022

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13.11

Contract No. 22/3293 - Recruitment Services - Neutral Managed Service Provider

13.11

Contract No. 22/3293 - Recruitment Services - Neutral

Managed Service Provider

Directorate

Organisational Excellence

Director

Shane Marr

Manager

Shane Marr

Attachment(s)

1. CONFIDENTIAL - Tender Evaluation Report [

13.11.1

- 3

pages]

Purpose

For Council to consider and approve the awarding of Contract No. 22/3293 - Recruitment

Services – Neutral Managed Service Provider to Comensura.

Officer Recommendation

That Council approves the entry into a contract with Comensura for a three-year contract

period, based on the Schedule of Rates, at Confidential Attachment 1 to this report.

Background

This Contract forms part of the Operational Program approved by Council as part of the

Annual Budget 2021/2022 and is referred to Council’s annual budget process for

subsequent years.

Council’s current contract for the recruitment of labour hire staff expires in November

2022 with no further extensions available. Comensura were initially appointed in

September 2020 through the Municipal Services Victoria (MAV) Procurement contract

RS8017-2015NV.

The services associated with the contract involve sourcing and supplying temporary or

casual (labour hire) staff from a broad range of agencies as a neutral managed services

using a full end to end IT platform. This contract provides a wide range of services

across the whole organisation, including waste drivers, horticultural staff, administration

officers, and professional roles such as accountants.

The use of this service reduces the cost of labour hire and provides oversight of labour

hire use. The cost of this service is use-dependent and without Comensura cost savings

are contingent on the ability for Council Officers to negotiate with labour hire suppliers

individually. Comensura is able to negotiate ‘wholesale’ charge rates with suppliers

creating savings for Council on labour hire charge rates.

As there are no further extensions available through the MAV Procurement contract, it is

proposed to access the service through the Procurement Australia Recruitment Services

panel contract.

In January 2021, Procurement Australia on behalf of interested councils conducted a

public tender process for the provision of Recruitment, Training, Associated Services and

a Neutral Vendor Managed Service Provider. Procurement Australia appointed three

suppliers to a panel arrangement however only two of the three vendors offered a

Neutral Managed Service Provider being Comensura and Ranstad. Each vendor applied a

percentage for the management of the service. This fee also applies to the existing MAV

procurement contract.

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Matters for Consideration

Analysis

Comensura is the incumbent provider and until recently the only provider of a Neutral

Vendor Managed Service for the provision of labour hire. Comensura have been used by

Brimbank City Council since September 2020 and provide a range of specialist suppliers

to offer candidates for requested roles.

Comensura charge three per cent for the use of the Comensura system (C-NET)

Procurement Australia has selected Ranstad and Comensura as the preferred tenderers

in accordance with the Schedule of Rates at

Confidential Attachment 1

for

appointment to a panel of contractors. The reason this contract is presented to Council is

the aggregate spend will exceed $1 million (including GST) over the life of the Contract.

It is considered Comensura have the expertise and capacity to provide the services

under the Contract.

Implementation

Comensura requires no implementation as it would allow for the continuation of current

systems and processes in regard to labour hire.

Community Engagement

Community consultation is not appropriate for this contract. The Comensura contract is

managed by People and Performance and procedural efficiencies and contractual

obligations are monitored by People and Performance to ensure user requirements are

met.

Collaboration

Council has demonstrated collaborative procurement by the use of procurement Australia

Contract No. 22/3293.

Resource And Risk Implications

Resource requirements can be met within the Annual Budget 2022/2023.

Community:

potential impact on community, including public trust and customer

service impact

• None

Environmental:

impacts on environmental sustainability, including water/waste

management, climate change, and contaminated land

• None

Financial:

significant financial impacts

• Yes - Comensura will provide Council substantial savings through negotiation of

favourable rates with third party providers.

Regulatory:

legal, legislative or regulatory implications including the rights/obligations

of stakeholders

• Yes - Under Council’s Procurement policy, Council is exempt from running a public

tender process by using an Agency Contract. Agency Contracts are formed by approved

agencies on behalf of a group of Councils, where a public tender process has been

undertaken for the engagement of suppliers and entered into a contract with the

suppliers.

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Safety

: health, safety or duty of care impacts

• Yes - The use of Comensura ensures consistent application of recruitment probity

checks, such as Working with Children Checks and police checks as well oversight and

monitoring of orientation and induction required for Occupational Health and Safety duty

of care obligations.

Legislation/Council Plan/Policy Context

This report supports the Council Plan 2021-2025 strategic direction and objective of:

4. Leadership and Governance - A high performing organisation that enacts the

vision and decisions of Council through the delivery of quality and innovative

services - A fairer place for all

• High Performing and Accountable - Our workforce strive to enhance services and

liveability for the Brimbank community.

This report complies with the Procurement Policy and the Local Government Act 2020.

Council officers contributing to the preparation and approval of this report, have no

conflicts of interests to declare.

Resolution

Moved Cr Virginia Tachos/Seconded Cr Sam David

That Council moves and considers Reports 13.11 to 13.15 in a block, with

motions as per the Officer Recommendation in these reports.

CARRIED

Brimbank Council Meeting No. 610 18 October 2022

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13.12

Banking Services Contract

13.12

Banking Services Contract

Directorate

Organisational Excellence

Director

Shane Marr

Manager

Andrew Brae

Attachment(s)

1. CONFIDENTIAL - Tender Evaluation Report [

13.12.1

- 6

pages]

Purpose

For Council to consider entering into an agreement with the National Australia Bank

(NAB) for the provision of banking services contract.

Officer Recommendation

That Council:

a. Awards Banking Services to National Australia Bank under the State Government

Purchasing Contract at an estimated contract value of $1,320,464 (excluding

GST) for the initial 4-year contract-period.

b. Executes the agreement with National Australia Bank for the provision of banking

services for four (4) years under the State government panel contract with two

(2) possible extensions of two (2) years awarded at the sole discretion of Council.

c. Affixes the Common Seal of the Brimbank City Council to the contract between

Council and the National Australia Bank.

Background

NAB has been the Council’s service provider for the delivery of banking services for a

number of years and in that time has provided a high standard of banking services. The

current Banking Services contract is due to expire on 30 November 2022 and the new

contract would commence on 1 November 2022.

Matters for Consideration

Analysis

The Department of Treasury and Finance has recently established a new Transactional

Banking State Purchase Contract for the Victorian State Government commencing 1

October 2021. The initial contract term is 5 years. The State has the option to extend

the state purchase contract for two (2) further two (2) year terms.

A three-bank panel has been appointed:

ï‚·

Commonwealth Bank of Australia

ï‚·

National Australia Bank

ï‚·

Westpac

This followed an open tender process where large domestic and global banks, along with

smaller and more specialised banks and service providers, including community banks,

were invited to participate.

The Department of Treasury and Finance often establish contracts that are accessible to

Local Government authorities so that they may access supplier contracts in an efficient

and cost-effective manner. These organisations are focused on achieving better

Brimbank Council Meeting No. 610 18 October 2022

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procurement outcomes by aggregating demand and achieving improved commercial and

service outcomes.

Council engaged the services of Whitmore Consulting to conduct an independent

assessment to identify and recommend a Banking Services Provider utilising the new

Transactional Banking State Purchase Contract. The following consideration were taken

into account:

ï‚·

Pricing offered for high volume channels by the above banking panel using the

Bank Selector Tool.

ï‚·

Any additional noteworthy pricing not included in the Bank Selector Tool options.

ï‚·

Qualitative study of the following areas based on knowledge of the market

offerings of each of the panel banks:

- Product Suite

- Innovative Services

- Relationship Management

- Implementation Capabilities

The assessment also included a view on the current environment for banking and bill

payment services, and the changing marketplace preference for transacting (shift from

paper and traditional methods of payment to electronic options), and the impact of the

COVID pandemic on this movement.

The three banks also made presentations to the Tender Evaluation Panel (TEP) and in

conjunction with the external evaluation report rated each bank in the Tender Evaluation

Report at

Confidential Attachment 1

.

The TEP has rated NAB as the preferred tenderer, under the Victorian State Government

Transactional Banking State Purchase Contract for a schedule of rates-based contract

with an estimated annual contract value of value of $330,116 (excluding GST), this is an

estimated annual saving of $40,516 over the current contract with NAB.

The TEP considers NAB has the expertise and capacity to complete the services under

the Contract.

Implementation

NAB is the current provider of Banking Services to the Council. By selecting to move

onto the Victorian Government State Transactional Banking State Purchase Contract with

the NAB there would only be a change to the pricing structures.

Community Engagement

N/A

Collaboration

Council has demonstrated collaborative procurement by the use of the Victorian

Government State Transactional Banking State Purchase Contract tendered by the

Department of Treasury and Finance.

Resource And Risk Implications

Resource requirements can be met within the Annual Budget 2022/2023.

Financial:

significant financial impacts

• Yes – Awarding the contract to NAB under the State Government panel contract results

in a significant savings of $40,515 in bank fees per year.

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Legislation/Council Plan/Policy Context

This report supports the Council Plan 2021-2025 strategic direction and objective of:

4. Leadership and Governance - A high performing organisation that enacts the

vision and decisions of Council through the delivery of quality and innovative

services - A fairer place for all

• High Performing and Accountable - Our workforce strives to enhance services and

liveability for the Brimbank community.

This report complies with Council’s Procurement Policy and the

.

Council officers contributing to the preparation and approval of this report, have no

conflicts of interests to declare.

Resolution

Moved Cr Virginia Tachos/Seconded Cr Sam David

That Council moves and considers Reports 13.11 to 13.15 in a block, with

motions as per the Officer Recommendation in these reports.

CARRIED

Brimbank Council Meeting No. 610 18 October 2022

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13.13

Contract No. 22/3244 - Urban Tree Planting And Maintenance Panel Of Contractors

13.13

Contract No. 22/3244 - Urban Tree Planting and

Maintenance Panel of Contractors

Directorate

Infrastructure and City Services

Director

Neil Whiteside

Manager

Adrian Gray

Attachment(s)

1. CONFIDENTIAL - Tender Evaluation Report [

13.13.1

- 6

pages]

Purpose

For Council to consider awarding Contract No. 22/3244 - Urban Tree Planting and

Maintenance Panel of Contractors.

Officer Recommendation

That Council:

a. Awards Contract No. 22/3244 - Urban Tree Planting and Maintenance Panel of

Contractors in accordance with the tendered schedule of rates for the initial term

of 5 years commencing 1 December 2022 with the option to extend for a further

one, two-year extension option, to a panel of contractors comprising:

ï‚·

Ace Landscape Services

ï‚·

Citywide Service Solutions Pty Ltd

ï‚·

Urban Treescapes Pty Ltd.

b. Signs Contract No. 22/3244 - Urban Tree Planting and Maintenance Panel of

Contractors.

c. Authorises the Chief Executive Officer delegated authority to approve the

Contract extension option, subject to the performance and competitive

pricing of the contractors.

Background

Council has an annual tree planting program for planting trees in streets and parks that

delivers the aims of Council's Urban Forest Strategy (2016). Council’s Urban Forst

Strategy seeks a 30% canopy cover across Brimbank by 2046.

Tree canopy cover across Brimbank has risen from a previous low of 6.2% to over 10%.

This percentage is expected to increase given that amount of tree planting in recent

years and the ongoing annual program to plant more trees.

The current Contract is due to expire on 30 November 2022 and requires the

appointment of a new panel of contractors to continue Council's annual tree planting

program.

Matters for Consideration

Analysis

The tender for Contract No. 22/3244 - Urban Tree Planting and Maintenance Panel of

Contractors (Contract) was advertised on 25 June 2022 and closed on 15 July 2022 and

five tenders were received. Tenders were assessed by the Tender Evaluation Panel (TEP)

Brimbank Council Meeting No. 610 18 October 2022

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against the evaluation criteria described in the tender documents. The Tender Evaluation

Report is at

Confidential Attachment 1

.

The Tender Evaluation Report has rated the following three contractors as the preferred

panel:

ï‚·

Ace Landscape Services

ï‚·

Citywide Service Solutions Pty Ltd

ï‚·

Urban Treescapes Pty ltd

The TEP considers all of the above has the expertise and capacity to complete the works

under the Contract. The works will consist of purchasing, planting and maintenance of

street and park trees as part of the following program of works:

ï‚·

Street Tree Infill

ï‚·

Road Rehabilitation

ï‚·

Resident Request

ï‚·

Boulevard planting

ï‚·

Tube Stock planting in parks

ï‚·

Park upgrades

Implementation

Council’s annual tree planting program results in trees being planted in Autumn and

Winter each year. Contractors are required to focus on watering and maintenance over

Spring and Summer.

Planning for tree planting is ongoing throughout the year to ensure that tree planting

locations are finalised, tree species determined and ordered and the community

consulted, enabling trees planted as per the above.

Community Engagement

Future community engagement will occur, where required, for tree planting in streets.

Resource And Risk Implications

Resource requirements can be met within the Annual Budget 2022/2023, with funding in

future years to be referred to the Annual Budget Process.

Community:

potential impact on community, including public trust and customer

service impact

• Yes – There is strong community support to increase tree planting in streets and parks

across Brimbank. This Contract will demonstrate Council’s commitment to the ongoing

implementation of Council's Urban Forest Strategy.

Environmental:

impacts on environmental sustainability, including water/waste

management, climate change, and contaminated land

• Yes – Increasing tree canopy cover across Brimbank will make this municipality more

liveable into the future and will offset the impacts of heatwaves on the community.

There are no Financial, Regulatory or Safety risks identified.

Legislation/Council Plan/Policy Context

This report supports the Council Plan 2021-2025 strategic direction and objective of:

1. People and Community - A welcoming, safe and supported community - An

inclusive place for all

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• Wellbeing and Belonging - Responsive services that support mental and physical

wellbeing

2. Places and Spaces - Liveable and connected neighbourhoods that support

healthy and sustainable futures - A green place for all

• Liveable and Connected - Inviting and liveable spaces and facilities, connected so

people can get around

• Sustainable and Green - Protect natural environments for current and future

generations.

This report complies with Council’s Urban Forest Stagey (2016), Brimbank Tree Policy

(2021), Greening The West (2021), Council’s Procurement Policy and the

Council officers contributing to the preparation and approval of this report, have no

conflicts of interests to declare.

Resolution

Moved Cr Virginia Tachos/Seconded Cr Sam David

That Council moves and considers Reports 13.11 to 13.15 in a block, with

motions as per the Officer Recommendation in these reports.

CARRIED

Brimbank Council Meeting No. 610 18 October 2022

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13.14

Contract No. 23/3259 - Provision Of Plumbing Services

13.14

Contract No. 23/3259 - Provision of Plumbing Services

Directorate

Infrastructure and City Services

Director

Neil Whiteside

Manager

Trent Prince

Attachment(s)

1. CONFIDENTIAL - Tender Evaluation Report [

13.14.1

- 5

pages]

Purpose

For Council to consider the award of Contract No. 23/3259 - Provision of Plumbing

Services.

Officer Recommendation

That Council:

a. Awards Contract No. 23/3259 - Provision of Plumbing Services, in accordance

with the tendered schedule of rates, for initial term of 3 years commencing 8

January 2023 with the option to extend up to one further two-year extension

option, to a panel of contractors comprising:

ï‚·

Danville Tower Pty Ltd trading as Burston’s Plumbing and Gasfitting

ï‚·

Reed Plumbing and Drainage Solutions Pty Ltd

ï‚·

International Plumbing Solutions Pty Ltd as Trustee for the New Plumbing

Solutions Unit Trust trading as New Plumbing Solutions

b. Signs Contract No. 23/3259 - Provision of Plumbing Services.

c. Authorises the Chief Executive Officer delegated authority to approve the

Contract extension option, subject to the performance and competitive pricing of

the contractors.

Background

The current Contract for plumbing services is due to expire 7 January 2023 with no

further extension options.

Contract No. 23/3259 - Provision of Plumbing Services (Contract) proposes to engage a

panel of service providers to provide plumbing services.

The Contract is for three years with the option to extend up to one further two-year

period to be exercised at Council’s sole discretion and subject to satisfactory

performance over the initial period.

Matters for Consideration

Analysis

The tender for the Contract was advertised on 18 June 2022 and closed on 12 July 2022.

A total of six tenders were received.

The Tender Evaluation Panel (TEP) has assessed all submissions against the evaluation

criteria described in the tender documents. The tender evaluation report is provided at

Confidential Attachment 1.

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The TEP rated the following as the preferred tenders:

ï‚·

Danville Tower Pty Ltd trading as Burston’s Plumbing and Gasfitting

ï‚·

Reed Plumbing and Drainage Solutions Pty Ltd

ï‚·

International Plumbing Solutions Pty Ltd as Trustee for the New Plumbing

Solutions Unit Trust trading as New Plumbing Solutions

Implementation

Subject to Council approval, the Contract will commence 8 January 2023 for a three-year

period.

Community Engagement

Consultation was undertaken with relevant Council departments to ensure the Contract

services align with, and best support, community users and meet Council’s

requirements.

Resource And Risk Implications

Resource requirements can be met within the Annual Budget 2022/2023 and will be

referred to the Annual Budget process in the subsequent years for consideration.

Community:

potential impact on community, including public trust and customer

service impact

• Yes – Provisions within this Contract enable Council to ensure Council buildings and

facilities are fit for purpose.

Environmental:

impacts on environmental sustainability, including water/waste

management, climate change, and contaminated land

• None

Financial:

significant financial impacts

• Yes – Budget expenditure is from Council funding, from the Operational and Capital

Works budget, subect to Council approval.

Regulatory:

legal, legislative or regulatory implications including the rights/obligations

of stakeholders

• Yes – Provisions within this Contract enable Council buildings and facilities to meet the

Essential Safety Measures and Building Code of Australia requirements.

Safety

: health, safety or duty of care impacts

• Yes – Provisions within this Contract enables Council buildings and facilities to meet all

required safety standards and operational requirements.

Legislation/Council Plan/Policy Context

This report supports the Council Plan 2021-2025 strategic direction and objective of:

2. Places and Spaces - Liveable and connected neighbourhoods that support

healthy and sustainable futures - A green place for all

• Liveable and Connected - Inviting and liveable spaces and facilities, connected so

people can get around.

This report complies with Procurement Policy and the

Council officers contributing to the preparation and approval of this report, have no

conflicts of interests to declare.

Brimbank Council Meeting No. 610 18 October 2022

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Resolution

Moved Cr Virginia Tachos/Seconded Cr Sam David

That Council moves and considers Reports 13.11 to 13.15 in a block, with

motions as per the Officer Recommendation in these reports.

CARRIED

Brimbank Council Meeting No. 610 18 October 2022

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13.15

Contract No. 22/3214MAV - Supply Of Twelve Side Loading Compactors

13.15

Contract No. 22/3214MAV - Supply of Twelve Side

Loading Compactors

Directorate

Infrastructure and City Services

Director

Neil Whiteside

Manager

Tom Razmovski

Attachment(s)

1. CONFIDENTIAL - Tender Evaluation Report

[

13.15.1

- 6 pages]

Purpose

For Council to consider the award of Contract No. 22/3214MAV - Supply of Twelve Side

Loading Compactors (Contract).

Officer Recommendation

That Council:

a. Awards Contract No.22/3214MAV - Supply of Twelve Side Loading Waste

Compactors to:

i. Westar Truck Centre for the supply of seven Isuzu FVY Cab Chassis fitted

with a 29m3 Superior Pak compactor for the tendered amount of

$3,617,982.94 inclusive of GST and Stamp Duty; and

ii. Volvo Trucks for the supply of five Volvo FE Cab Chassis fitted with a

24m3 Superior Pak compactor for the tendered amount of $2,807,216.53

inclusive of GST and Stamp Duty.

b. Signs Contract No. 22/3214MAV - Supply of Twelve Side Loading Waste

Compactors.

c. Notes a separate procurement process will be undertaken for the financing

(lease) of the Twelve Side Loading Waste Compactors and due to the high

number and varying types of financial institutions available, Council authorises a

select tender process be conducted inviting up to five reputable financial

institutions for the leasing component for the Supply of Twelve Side Loading

Waste Compactors.

d. In exercise of the power conferred by section 11(1) of the

delegates to the Chief Executive Officer, the power to approve, sign and

take any other action to give effect to the Lease Agreement and other associated

documents for the financing of the Twelve Side Loading Waste Compactors, such

delegation to be subject to the same conditions and limitations as the delegation

made to Council’s Chief Executive Officer on 20 July 2021, except the following

conditions and limitations:

i. Entering a contract on behalf of Council exceeding an expenditure of

$1,000,000 (incl. GST); and

ii. Committing to or making any expenditure that exceeds $1,000,000 (incl.

GST).

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Background

Council currently operates twenty-five (25) side loading compactors in total (15 Waste

Compactors, 6 Recycling Compactors and 4 Green Waste Compactors). It is envisaged

Council will continue with its current number and type of side loading compactors.

All of Council’s side loading compactors are currently being leased. The lease of twelve

compactors is due to expire between March 2023 and February 2024. These units are

now not cost effective to continue in service due to their age, hours worked and

extensive maintenance and repair costs.

The purchase and subsequent lease of these seven 29m3 compactors and five 24m3

compactors will replace the compactors, whose lease will expire between March 2023

and February 2024.

Matters for Consideration

Analysis

MAV Contract ST20092 for Specialised Truck Bodies and NPN04.13 Trucks was used to

invite suppliers to quote on the specified requirements of the compactors. MAV’s online

portal ‘Vendor Panel’ was used to invite suppliers to submit tenders on 7 April 2022 and

the tender closed 21 April 2022.

A total of four tenders were received and assessed by the Tender Evaluation Panel

against the key selection criteria as outlined in the tender documents and in accordance

with Council’s tendering procedures.

The Tender Evaluation Panel has rated Westar Truck Centre and Volvo Trucks as

preferred tenderers with a Superior Pak Compactor, for the tendered amount of

$6,425,199.47 (incl. GST).

Based on the considerable costs of compactors, standard practice is to enter into a

leasing arrangement through a financial institution for the supply of the twelve side

loading waste compactors, which will require a separate procurement process to be

undertaken. Due to the high number and varying types of financial institutions available,

a select tender process is proposed, inviting up to five reputable financial institutions for

the leasing component for the Supply of Twelve Side Loading Waste Compactors.

The Tender Evaluation Report is provided in

Confidential Attachment 1

to this report.

Implementation

Subject to Council’s award of Contract, delivery of the twelve compactors is expected

between March 2023 and February 2024.

Community Engagement

As the provisions of this Contract relate to an internal support service, community

engagement is not required.

Consultation was undertaken with Council’s internal Waste Operational Staff, Co

ordinator and Service Unit Manager and cab chassis suppliers and compactor body

manufacturers and based on these consultations, it has been determined that replacing

the 12 compactors is more cost effective due to the age and the increased maintenance

and repair cost associated with the current compactors.

Resource And Risk Implications

Resource requirements can be met within the Annual Budget 2022/2023 and

subsequently referred to future annual budget process for consideration.

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Community:

potential impact on community, including public trust and customer

service impact

• Yes - The provision of side loading waste compactors is an essential part of the suite of

Council’s waste and recycling collection services provided to residential properties.

Environmental:

impacts on environmental sustainability, including water/waste

management, climate change, and contaminated land

• Yes - The provision of these side loading waste compactors is an integral part of the

suite of Council’s waste and recycling collection services.

Financial:

significant financial impacts

• Yes - Budget expenditure is from Council funding; the Operational budget is subject to

Council approval. Refer to

Confidential Attachment 1

for financial impacts.

Regulatory:

legal, legislative or regulatory implications including the rights/obligations

of stakeholders

• Yes - Waste and recycling collection services for residential properties are an essential

service provided by Local Government.

Safety

: health, safety or duty of care impacts

• Yes - The provision of these new side loading waste compactors reduces the risks

associated with increased maintenance and repairs of the existing side loading waste

compactors and provides a greater duty of care for waste drivers.

Legislation/Council Plan/Policy Context

This report supports the Council Plan 2021-2025 strategic direction and objective of:

4. Leadership and Governance - A high performing organisation that enacts the

vision and decisions of Council through the delivery of quality and innovative

services - A fairer place for all

• High Performing and Accountable - Our workforce strive to enhance services and

liveability for the Brimbank community.

This report complies with

, Council’s Procurement

Policy.

Council officers contributing to the preparation and approval of this report, have no

conflicts of interests to declare.

Resolution

Moved Cr Virginia Tachos/Seconded Cr Sam David

That Council moves and considers Reports 13.11 to 13.15 in a block, with

motions as per the Officer Recommendation in these reports.

CARRIED

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Resolution

Moved Cr Jae Papalia/Seconded Cr Trung Luu

That Council adjourns the meeting for a ten minute break, until 8.26pm.

CARRIED

Resolution

Moved Cr Trung Luu/Seconded Cr Maria Kerr

That Council resumes the meeting.

CARRIED

14 Notices Of Motion

14.1 Gambling Reforms

Notice of Motion 26/22 – Cr Tachos

That Council writes to the Federal Government, in view of recent reports that Brimbank

continues to experience the highest EGM losses of any Victorian municipality, requesting

that Federal and Victorian governments commit to gambling reforms which include

improved regulation of sports betting and limits on advertising, reduced operating hours

of gaming venues, introducing mandatory pre- commitment cards and improved access

to financial counselling and support services for people experiencing gambling harms.

Resolution

Moved Cr Virginia Tachos/Seconded Cr Victoria Borg

That Council writes to the Federal Government, in view of recent reports that

Brimbank continues to experience the highest EGM losses of any Victorian

municipality, requesting that Federal and Victorian governments commit to

gambling reforms which include improved regulation of sports betting and

limits on advertising, reduced operating hours of gaming venues, introducing

mandatory pre- commitment cards and improved access to financial counselling

and support services for people experiencing gambling harms.

CARRIED

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14.2 Health Mitigation Support For Community Members - Barro Landfill

Kealba

Notice of Motion 27/22 – Cr Tachos

That Council writes to the Victorian Minister for Health, the Hon Mary-Anne Thomas MP,

the Victorian Minister for Environment and Climate Action, the Hon Lily D'Ambrosio and

the Chief Executive Officer of the Environment Protection Authority, Mr Lee Miezis,

requesting the State Government provides health mitigation support for the local

community members experiencing the deleterious effects of the noxious odours emitted

from Barro Landfill Kealba in the form of: health outreach support workers; mental and

physical health support and counselling; air purifiers; and access to places providing

respite from the crippling odour to assist in physical and mental health to combat the

long and short term impacts.

Resolution

Moved Cr Virginia Tachos/Seconded Cr Ranka Rasic

That Council writes to the Victorian Minister for Health, the Hon Mary-Anne

Thomas MP, the Victorian Minister for Environment and Climate Action, the Hon

Lily D'Ambrosio and the Chief Executive Officer of the Environment Protection

Authority, Mr Lee Miezis, requesting the State Government provides health

mitigation support for the local community members experiencing the

deleterious effects of the noxious odours emitted from Barro Landfill Kealba in

the form of: health outreach support workers; mental and physical health

support and counselling; air purifiers; and access to places providing respite

from the crippling odour to assist in physical and mental health to combat the

long and short term impacts.

CARRIED

15 Urgent Business

Nil

16 Confidential Business

Resolution

Moved Cr Jae Papalia/Seconded Cr Victoria Borg

That, in accordance with section 66(2)(a) of the

, the meeting be closed to members of the public for the consideration

of:

ï‚·

Confidential Items 16.1 and 16.2

as they relate to Council business information, being information that would

prejudice Council’s position in commercial negotiations if prematurely released,

as prescribed by section 3(1)(a) of

, and private commercial

information, being information provided by a business, commercial or financial

Brimbank Council Meeting No. 610 18 October 2022

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undertaking that, if released, would unreasonably expose the business,

commercial or financial undertaking to disadvantage, as prescribed by

s 3(1)(g) of

.

CARRIED