Council Meeting

Minutes

Meeting No. 629

20 February 2024

Commenced at 7.04pm

Council Chamber

301 Hampshire Road, Sunshine,

Victoria

Fiona Blair

Chief Executive Officer

23 February 2024

Brimbank Council Meeting No. 629 20 February 2024

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Council

Cr Ranka Rasic

Mayor

Cr Jae Papalia

Deputy Mayor

Cr Victoria Borg

Apology

Cr Sarah Branton

Cr Thuy Dang

Leave of absence

Cr Sam David

Cr Maria Kerr

Cr Bruce Lancashire

Cr Jasmine Nguyen

Cr Thomas O’Reilly

Cr Virginia Tachos

Executive Leadership Team

Ms Fiona Blair

Chief Executive Officer

Ms Lynley Dumble

Director Community Wellbeing

Ms Georgie Hill

Director People, Partnerships and Performance

Mr Chris Leivers

Director Infrastructure and City Services

Mr Mark Stoermer

Director Corporate Services

Mr Kelvin Walsh

Director City Futures

Municipal Monitors

Ms Janet Dore

Municipal Monitor

Ms Penelope Holloway Municipal Monitor

Governance Team

Mr Danny Bilaver

Manager Governance and Risk

Mr Tony Vo

Coordinator Council Business

Ms Jessica Zelenbaba

Council Business Officer

Brimbank Council Meeting No. 629 20 February 2024

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

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

7 Condolences .................................................................................................7

7.1 Passing Of Zulqarnain Haider ..............................................................7

8 Congratulations ............................................................................................8

8.1 Support During Festive Season ...........................................................8

8.2 Beautification Of Linear Park, Taylors Lakes .......................................8

9 Public Question Time ....................................................................................8

10 Petitions .....................................................................................................27

10.1 Fireworks ..........................................................................................27

10.2 Ceasefire In Gaza..............................................................................27

10.3 LGBTIQA+ Advisory Group ................................................................29

13 Notices Of Motion .......................................................................................29

13.5 Ceasefire In Gaza..............................................................................29

13 Notices Of Motion .......................................................................................33

13.1 Political Party Membership Registration............................................33

13.2 Improving Openness And Transparency............................................34

13.3 Taylors Road Upgrade .......................................................................34

13.4 BAWC Fees ........................................................................................35

13.6 Funding For Automated External Defibrillators .................................36

11 Minutes/Reports Of Delegated Committees ................................................36

12 Officer Reports............................................................................................37

12.1 Planning Activity Update And Delegate Decisions And Planning

Scheme Amendments Update - December 2023 And January 2024 ...37

12.2 Planning Compliance Activity Update - 1 October To 31 December

2023 .................................................................................................40

12.4 Integrated Water Management Update .............................................45

12.5 Quarter 2 Budget Report (Oct/Nov/Dec2023) ..................................49

12.6 Governance Report February 2024....................................................53

12.7 Appointment To Committees 2024 ....................................................61

12.8 Local Government Reforms 2024 Consultation Paper ........................65

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12.9 Council Plan Year 3 Quarter 2 - Progress Report ...............................68

12.10 Contract No. 21/2925 - Provision Of Human Resource Information

Systems - Extension Of Contract .......................................................71

12.11 Draft Community Services And Infrastructure Planning Policy..........74

12.12 Contract No. 21/3049PA – 2306/0843 Library Collections Furniture

Equipment And Associated Requirements .........................................78

14 Notices Of Rescission..................................................................................81

15 Urgent Business..........................................................................................81

16 Confidential Business..................................................................................81

17 Meeting Closure ..........................................................................................81

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Order of Business

1 Opening (Including Acknowledgement Of Country)

The Mayor, Cr Ranka Rasic, opened the meeting at 7.04pm and welcomed all in

attendance.

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

The Mayor noted Cr Victoria Borg submitted an apology for this meeting.

Motion

That Council approves the request for a leave of absence for Cr Thuy Dang for the period

from 19 February 2024 to 23 February 2024.

Moved Cr Virginia Tachos/Seconded Cr Sam David

That Council approves the request for a leave of absence for Cr Thuy Dang for

the period from 19 February 2024 to 23 February 2024.

CARRIED

4 Disclosure Of Conflicts Of Interest

Councillor Thomas O'Reilly indicated he would raise a conflict of interest in relation to

Item 12.5 Quarter 2 Budget Report (Oct/Nov/Dec2023) and 12.9 Council Plan Year 3

Quarter 2 – Progress Report.

Resolution

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Moved Cr Jae Papalia/Seconded Cr Bruce Lancashire

That the item listed as Notice of Motion 13.5 – Ceasefire in Gaza on the agenda

be considered immediately before the item listed as Item 11 – Minutes/Reports

of Delegated Committees.

CARRIED

5 Designation Of Items As Confidential

Motion

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

:



Confidential Attachment 7 to Report 12.6 Governance Report February 2024; and



Confidential Attachment 1 to Report 12.10 Contract No. 21/2925 - Provision of

Human Resource Information Systems - Extension of Contract

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

Council’s position in commercial negotiations if prematurely released (s 3(1)(a) of the

);



Confidential Attachment 1 to Report 12.12 Contract No. 21/3049PA – 2306/0843

Library Collections Furniture Equipment and Associated Requirements

as it relates 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 (s 3(1)(g) of

the

); and



Confidential Report 16.1

as it relates to personal information, being information which if released would result in

the unreasonable disclosure of information about any person or their personal affairs (s

3(1)(f) of the

Moved Cr Jae Papalia/Seconded Cr Sam David

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

:



Confidential Attachment 7 to Report 12.6 Governance Report February

2024; and



Confidential Attachment 1 to Report 12.10 Contract No. 21/2925 -

Provision of Human Resource Information Systems - Extension of

Contract

Resolution

Resolution

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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

(s 3(1)(a) of the

);



Confidential Attachment 1 to Report 12.12 Contract No. 21/3049PA –

2306/0843 Library Collections Furniture Equipment and Associated

Requirements

as it relates 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 (s 3(1)(g) of the

); and



Confidential Report 16.1

as it relates to personal information, being information which if released would

result in the unreasonable disclosure of information about any person or their

personal affairs (s 3(1)(f) of the

CARRIED

6 Confirmation Of Minutes Of Previous Council Meetings

Motion

That Council confirms the Minutes of Council Meeting No. 628, held on 12 December

2023

.

Moved Cr Jae Papalia/Seconded Cr Thomas O'Reilly

That Council confirms the Minutes of Council Meeting No. 628, held on 12

December 2023.

CARRIED

7 Condolences

7.1 Passing Of Zulqarnain Haider

Motion

That Council notes the passing of Zulqarnain Haider, and extends condolences to his

family.

Moved Cr Sarah Branton/Seconded Cr Jasmine Nguyen

That Council notes the passing of Zulqarnain Haider, and extends condolences

to his family.

CARRIED

Resolution

Resolution

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8 Congratulations

8.1 Support During Festive Season

Motion

That Council congratulates and thanks individuals and organisations from Brimbank for

their support to the community during the festive season.

Moved Cr Virginia Tachos/Seconded Cr Thomas O'Reilly

That Council congratulates and thanks individuals and organisations from

Brimbank for their support to the community during the festive season.

CARRIED

8.2 Beautification Of Linear Park, Taylors Lakes

Motion

That Council congratulates and thanks Neil and Deb for their beautification efforts in and

around Linear Park, Taylors Lakes.

Moved Cr Virginia Tachos/Seconded Cr Bruce Lancashire

That Council congratulates and thanks Neil and Deb for their beautification

efforts in and around Linear Park, Taylors Lakes.

CARRIED

9 Public Question Time

9.1 1/24

Question

K Cullen

With the recent stabbing in Cairnlea Shopping centre last week, I am concerned with for

the safety of my family and friends.

It is the council's job to ensure there are centres for youth and ample free and accessible

services for the Youth of Brimbank.

What is the council doing to ensure the safety of the residents and visitors to this and

other shopping centres in Brimbank other than just leaving it to the police?

Answer

The Mayor advised Council’s Youth Services offer a wide range of free and accessible

activities for young people to participate in, in addition to safe spaces for them to gather.

Resolution

Resolution

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Council is working alongside Victoria Police and other partners through the Brimbank

‘Safety and Wellbeing Partnership,’ the ‘Hotspots Working Group’ and Brimbank

Shopping Centres Network to address safety in shopping centres. We are also working

with schools, Victoria Police and crime stoppers on programs to pro-actively address

knife crime.

For further information about these initiatives and more, please contact our customer

service centre and visit the youth services website (www.brimbankyouth.com).

Council would like to note that community members should report any personal safety

concerns or incidents to Victoria Police.

9.2 2/24

9.3 3/24

Question

D Cappelli

Can council please confirm how much money was allocated by Mayor Rasic to the “Fix

the Calder” campaign and what benefits has it achieved?

Answer

The Mayor advised Council’s ‘Fix the Calder’ campaign was launched in April 2021 and a

total amount of $16,500 was expended directly on this campaign. Following the launch

of the campaign:



The Victorian and Federal Government committed $50 million each of funding

to upgrade the Freeway



Works to remove the level crossing at Calder Park Drive commenced and are

expected to be completed next year, and



A business case for a new diamond interchange at Calder Park Drive over the

Calder Freeway has been completed.

Unfortunately, the Calder Freeway project was not identified as a priority in last year’s

review of the infrastructure pipeline by the Australian Government which meant the

$50m funding was withdrawn. However, fixing the Calder remains a priority in Council’s

new Advocacy Plan 2023-25 and advocacy will continue.

9.4 4/24

Question

D Cappelli

Will Brimbank Council be handing back Sydenham park to the traditional owners - and is

this the reason for the name change?

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Answer

The Mayor advised the proposal to change the name of Sydenham Park was prompted

by a Notice of Motion on 19 July 2022 to acknowledge the cultural significance of the

park to the Traditional Custodians the Wurundjeri Woi-wurrung people.

The responsibility of managing the site will remain the duty of Council. As part of this

responsibility, Council will continue to liaise with Traditional Custodians, community

groups, and residents of Brimbank in its service delivery.

9.5 5/24

Question

C Nomdegur

Can the minutes of meetings of the Safety and Wellbeing Partnership from the period

December 2022 to present be made publicly available?

Answer

The Mayor advised the Councillor Representatives Report for the Safety and Wellbeing

Partnership meetings which meets quarterly are tabled in the Governance Report which

is made public in the Council Meeting Minutes.

9.6 6/24

Question

C Nomdegur

Has or will the Social Justice Coalition Strategic Implementation Group discuss(ed) the

impact of the alleged fascist activity at the Legacy Boxing Gym in Sunshine West?

Answer

The Mayor advised Council is pleased to note that the Legacy Boxing Gym is no longer

operating in Sunshine West as their lease was not renewed.

9.7 7/24

Question

G Exadactylos

My concern is as follows!!

The council is opposed to garage doors warehouse style doors and roller shutters used in

sores for business protection.

I have surveyed the business district of Brimbank and 90 % of business in street

shopping strip's use them.

I have further taken pictures of these and in particular 22 stores of liquor stores that

have these types of protection.

I have in writing request from Planning compliance department if any one was

prosecuted.

I have not received any response.

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Now my 20 year old son has established a liquor store at 465 Ballarat Rd in Sunshine

and the council is taking action to take him to VCAT.

Why is the council so unfair?

I have supplied the council with three businesses that also installed these since my sons

case began.

I believe it's a vendetta against me because I raise my voice and they are taking it

against my son.

Justice and equality and common sense should prevail.

Stop wasting rate payers money.

Answer

The Mayor advised a planning permit is required to install roller shutters on commercial

properties pursuant to the Brimbank Planning Scheme. Where it has been identified that

a site has installed roller shutters without a valid planning permit, officers provide the

land owner and/or occupier with the opportunity to apply for a planning permit. If the

permit application is refused and the roller shutters are not removed, officers are

required to pursue compliance action. One means of which is through VCAT.

A number of sites with roller shutters have recently been reported to Council and officers

are working through these to determine whether or not they have the relevant

approvals. Where it is identified that they don’t, appropriate action will be taken in

accordance with the Planning and Environment Act 1987.

Our response will be provided directly to Mr Exadactylos.

9.8 8/24

Question

G Exadactylos

Has the council forced any business in Brimbank area to take its roller shutters down.

If yes why not Dan Murphys on McIntyre Rd.

Answer

The Mayor advised a number of businesses have been required to remove solid roller

shutters that were installed without a valid planning permit. Most of these have replaced

the solid roller shutters with open-type roller shutters.

For privacy reasons, Council will not disclose details of specific sites that are or have

been the subject of compliance action.









9.27 27/24

Question

Y Haq

According to the Council’s Community Engagement Policy: Council is committed to

understanding the many different views, experiences and expertise of Brimbank’s

diverse community.

The state government says the role of Councillor’s is to engage with community groups

like ours. Our community group - Brimbank for Palestine solidarity group - feel

frustrated, defeated and no longer trust our Councillors after hundreds of unsuccessful

attempts to speak to councillors about our issue.

One Councillor has met with us, answered our emails and phone calls and we

acknowledge that we had one meeting last year with the Mayor and Deputy Mayor (with

no further follow up). The majority of councillors have never answered our phone calls or

emails.

Considering this, can the Mayor comment on whether the Council’s engagement with our

group has been adequate to satisfy the policy?

9.28 28/24

Question

Y Haq

it is over four months since the beginning of genocide in Gaza. Particularly in relation to

the numerous Mosques across Brimbank, can the Council please describe their current

engagement and future engagement with those in our community with personal and

cultural connections to the region?

9.29 29/24

Question

H Pham

According to the Council's Community Engagement Policy, the council will often go

beyond the minimum requirements to gain a strong understanding of community

perspectives to ensure it is achieving the best possible outcomes for the community.

Brimbank Council Meeting No. 629 20 February 2024

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We - The Brimbank for Palestine Solidarity Group - are the key community group

representing a diverse range of Brimbank residents committed to a free Palestine and

the full rights of the Palestinian people.

We do not believe that the Notice of Motion, Ceasefire in Gaza is the best possible

outcome for the community. Can the Mayor or the Deputy Mayor, please explain the

minimum Community Engagement that has occurred to produce the Notice of Motion,

Ceasefire In Gaza?

9.30 30/24

Question

H Pham

According to the Council’s Community Engagement Policy, the council values the insights

of our community and respects the time and effort the community gives towards

informing our decision making.

If valuing the insights of the community is important to Council, why has none of the

written and verbal feedback from The Brimbank for Palestine Solidarity Group been

captured in Notice of Motion, Ceasefire in Gaza?

9.31 32/24

Question

R Paterson

In writing, a Brimbank councillor told our group - Brimbank for Palestine Solidarity Group

- they felt ignorant about the war on Palestine and unable to engage with us.

In Maribyrnong, Hobsons Bay and Wyndham councils, the mayor took an active role in

organising an education panel so Councillors could understand this issue. We raised the

idea of a panel to the Mayor, Deputy Mayor and other council staff verbally and in

writing. Our group even volunteered local expertise, as according to the Councils

Community Engagement policy, the Council values the expertise of Brimbank’s diverse

community.

To the Mayor: Why was an education panel never organised if Councillors did not have a

strong understanding of the issue and community perspectives (as per the engagement

policy)?

9.32 38/24

Question

Y As-Shourbaji

In line with the Community Engagement Policy which advocates for transparency and

allowing residents to understand the scope of, the pending decision, the decision

making, process and any constraints on this process, can the Council please explain the

decision making and process of putting the Notice of Motion, Ceasefire in Gaza together?

Brimbank Council Meeting No. 629 20 February 2024

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9.33 40/24

Question

M Kaiser

You can see a petition in front of you with over 3k signatures, related to a permanent

ceasefire in Gaza and asking the Council to pass a motion on this. At a recent rally in

Sunshine for in solidarity with the Palestinian people, there was close to 400 people in

attendance. This is a municipal issue in the eyes of the community.

In line with Brimbank’s Community Engagement policy, can the Mayor please outline the

Council's plan to engage with the community about the siege on Gaza and the plausible

genocide being perpetrated against the Palestinian people, particularly in order to gain

an understanding of the community perspectives that were expressed at the rally and in

the petition and have been omitted from the Notice of Motion, Ceasefire in Gaza?

9.34 41/24

Question

M Kaiser

Re: the Notice of Motion, Ceasefire in Gaza, According to the Council’s Community

Engagement Policy, Council will ensure that those affected by a Council decision,

understand decision- making, process and any constraints on this process. Our

community group was given no information about how and why this notice of motion

was put together, even though this was our core concern put to Council in a petition,

numerous emails, unanswered phone calls and a single meeting with the Mayor and

Deputy Mayor.

Can the Mayor please explain why she or the Deputy Mayor did not follow up with us or

explain to us how this Motion was put together, especially as it is completely different to

what we asked for in our meeting, correspondence and petition?

Answer

The Mayor advised in the first instance, I would like to state that we acknowledge that

there is a diversity of views held by our community on this conflict which is having a

devastating impact with thousands of lives now lost and lasting trauma. We condemn

violence in any form and express our deepest solidarity with the Brimbank community

during these challenging times. We are focused on continuing to foster understanding,

empathy, and peaceful dialogue in celebration of our multicultural community.

In relation to Brimbank’s Community Engagement Policy, which is currently out for

community feedback, this policy is designed as a guide for best practice and effective

community engagement to inform decision making for the benefit of the community in

relation to key Council policies, strategies and plans. The policy does not relate to

engagement outside this scope nor is able to be applied to Notices of Motion.





9.35 31/24

Question

V Rudd

On 07/22, the Council put forward the notice of Motion which stated the Brimbank

Council Condemns the Russian invasion of Ukraine. b. Conveys its support for the people

of Ukraine during this humanitarian crisis. c. Expresses its support for all people of

Ukrainian heritage, particularly those who reside in Brimbank.

Considering every hour in Gaza, 15 people are killed and six are children, and a total of

almost 30,000 Palestinians have died in four months, did the Brimbank Council consider

putting forward a similar motion to one passed about Ukraine, to support the Palestinian

people in Palestine and in Brimbank?

9.36 33/24

Question

R Paterson

In the single meeting between our group - The Brimbank for Palestine Solidarity Group,

and the Deputy Mayor and Mayor, the Deputy Mayor expressed that she was interested

in supporting a motion like the motion passed in Hume. Our group said in that meeting,

and to other Council staff after, putting forward a notice of motion like Hume’s was not

considered a good outcome for us and we would not support that course of action. The

notice of Notice of Motion, Ceasefire in Gaza is almost a word for word copy of the Hume

motion passed in Dec 2023. Can the Mayor or Deputy Mayor explain why their

preferences were put above the voice of the community?

9.37 37/24

Question

F Pistillo

The “Ceasefire in Gaza” motion, put forward by Brimbank Council this evening, is a "copy

and paste" of City of Hume's motion. Is Brimbank Council familiar with laws governing

plagiarism? If so, what implications could this have on Brimbank's "Ceasefire in Gaza"

motion? Please explain your answer.

9.38 39/24

Question

Y As-Shourbaji

In the Notice of Motion, Ceasefire in Gaza, there is no mention of the 26th Jan ICJ ruling

which ordered Israel to prevent death, destruction and any acts of genocide in Gaza. Can

the Mayor please speak to why this was omitted?

9.39 44/24

Question

B Sanday

A petition by the Brimbank Solidarity Group for Palestine (BSGfP)was submitted to

council with over 3000 signatures and serves as corroborating evidence in support of the

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“Ceasefire in Gaza." However, Council’s current motion does not reflect the views and

values of the petitioners and signatories.

Please explain your rationale for dismissing the community's concern about the

occupation and apartheid, the gross human rights violations against the people of

Palestine, as well as a clear refusal to raise the Palestinian Flag.

Answer

The Mayor advised I note that these questions are in relation to an item on tonight's

agenda and as such will be debated on later this evening. With respect to that, I will only

make mention that a Notice of Motion is a request by a Councillor for a business item to

be discussed and decided upon at a Council Meeting. A councillor may consider input

from other Councillors, council staff or the community when drafting their motion,

however, the wording included as part of a notice of motion is entirely up to the

Councillor introducing the motion.

9.40 34/24

Question

B Green

How does the Mayor and the Labor aligned majority councillors feel that the state

government has appointed 2 monitors to Brimbank council to ensure that council’s

performance and governance rules are upheld, is this a reflection of the poor

performance of Brimbank council and how should the constituents of Brimbank feel ?

Answer

The Mayor advised I fully support and welcome the appointment of municipal monitors to

improve behaviour and governance for our community's benefit. It's crucial for all

Councillors to know their duties under the Local Government Act, and work together for

Brimbank's good governance and the best outcomes for the community.

9.41 35/24

Question

B Green

With Council committed to building a Vietnamese Museum in the heart of sunshine to

celebrate the Vietnamese contribution in the Brimbank areas, is this a slap in the face to

all the other ethnicities such as the Greek, Italian, Maltese, Croatian, Indigenous

Australians that have massively contributed to Brimbank and its success, history and

culture ?

Answer

The Mayor advised Brimbank City Council has not yet made a decision in relation to this

matter and will be considering it at a future Council Meeting. Brimbank City Council

celebrates the City's diversity through a range of activities, services and initiatives. If the

Museum progresses, this would be one such initiative that celebrates the City's diversity.

9.42 36/24

Question

9.43 42/24

Question

H Baarini

Does the Council acknowledge that the current conflict in Gaza is the worst genocide of

the 21st Century?

Moved Cr Jasmine Nguyen/Seconded Cr Virginia Tachos

That Public Question Time be extended for a further 15 minutes

CARRIED

9.44 43/24

Question

H Baarini

Does the Council acknowledge that the founding of the State of Israel - as attested to by

numerous historical records - was done in violation of international law with the forced

ethnic cleansing of 750,000 Palestinians?

9.45 46/24

Question

O Baarini

Will the Council condemn the actions of Israel, which have led to the deaths of over

27,000 people, more than 12,000 of which are children?

Answer

The Mayor advised the Council is deeply aware of the suffering and historical

complexities surrounding the conflict in Gaza. While we recognize the profound impacts

of these events, our focus remains on fostering community cohesion and respect of

human rights within our community. As a local government body, we advocate for

understanding and respectful dialogue within our community, emphasizing the

importance of pursuing peace for all affected.

9.46 45/24

Question

B Sanday

Are Councilors political aspirations a hinderance when it comes to War Crimes and the

plight of Palestinian people?

Answer

The Mayor advised our Councillors are deeply committed to serving the community and

ensuring that all voices are heard. The Council remains dedicated to an inclusive

approach that respects diverse perspectives and seeks to address complex global issues

with sensitivity and fairness.

Resolution

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9.47 47/24

Question

O Baarini

We have been hearing the same rhetoric over and over again about why passing a

motion in solidarity with Palestine is not a local government issue. Yet we are aware that

representatives from Brimbank city council have attended the ALGA conference held in

June 2022 where Ambassador Vasyl Myroshnychenko was given a platform to speak to

1000 councillors and community leaders. Councils voted unanimously for a motion that

expresses solidarity with Ukraine.

Why would a motion for Palestine be treated any differently considering what is

happening in Palestine is a genocide and deliberate act of ethnic cleansing of a

sanctioned population?

Answer

The Mayor advised the Australian Local Government Association is a body that includes

all Council's from across Australia, Brimbank is just one of many participating Councils

and is not an organiser of these conferences. Each motion proposed to Council whether

at this conference or others are considered on their own merits.

9.48 48/24

Question

S Meilak

To mitigate the risk of COVID-19, the Victorian State Government advises that public

gatherings for disabled people only be held in venues that have ventilation through fresh

air and HEPA filtration installed, yet Brimbank Council continues to encourage vulnerable

people to gather in venues that are not compliant with these current COVID-19 safety

measures.

When concerns were raised at a Brimbank Disability Network Group meeting, Council

staff not only seemed unaware of the current health advice, but responded saying they

do not need to follow this advice as it is not legislated.

What is Council doing to ensure its vulnerable community members know and

understand the current risk and health advice regarding COVID-19 and when will Council

be updating their public buildings to be complaint with the current State Government

health advice?

Answer

The Mayor advised thank you for your feedback. We acknowledge that your feedback has

been received. The Department of Health have guidelines listed on their website for

COVID infection prevention and control. This information includes references to various

ventilation and filtration systems.

Our buildings meet building code regulations. While fresh air ventilation systems and

HEPA filters are referenced as options through the Department of Health they are not

legislated and therefore Council is not required to fit these systems into all our facilities.

Brimbank Council Meeting No. 629 20 February 2024

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9.49 49/24

Question

S Meilak

The Green Gully Dog Park is an excellent new addition to our community, however, the

park lacks accessible car parking. The closest accessible car space to the dog park is

approximately 160 meters away and requires you to walk across grass, through wooden

posts, step down a concrete curb, and finally cross the road to get to the footpath

leading to the dog park. The alternative is to literally walk on the road itself and through

a large road about, competing with cars and other vehicles. The other accessible car

spaces are approximately 300 meters away, which is far from close, and whilst they

provide a flat surface to access the dog park, they also require you to walk on the road

itself for 300 meters or face the same accessibility challenges that other car spaces do.

Can Council advise why accessible car spaces have not been placed in close proximity to

this new dog park, despite there being regular car spaces available for non-disabled

people and when Council intends to rectify the issue.

Answer

The Mayor advised officers have confirmed there has been no change to the disabled car

spaces as part of the dog park upgrade; this was not part of the scope of the park

upgrade. Disabled car parking spaces exist near the playground and within the new car

park near the clubhouse. Officers have committed to undertake an assessment on

whether additional disabled car parking bays are considered warranted along McRae

Boulevard. If additional disabled parking bays are deemed warranted, then Council

officers will seek funding from future budgets to enable the construction of the disabled

car parking bays.

9.50 50/24

Question

P Macintosh Lastatvia-Crosista

What is the reason for the newly added registration to council meetings? As a public

meeting why should we have to provide names, addresses and identification. Is the

council afraid of their own public? Where has the freedom gone?

Answer

The Mayor advised due to ongoing disruptions experienced at Council meetings, Council

implemented a registration process to further support efforts to maintain a safe and

secure environment for all participants whilst allowing Council to conduct an orderly

meeting.

9.51 51/24

Question

P Whelan

We have a public liability claim and would like to know why after 18 months there has

been no decision of legal liability, we received a letter on the 23rd dec 2023 from council

requiring us to provide quotes by the 31st Jan 2024 or the claim would be closed and the

office of the insurer was closed at that time.

Brimbank Council Meeting No. 629 20 February 2024

27 of 81

We think this is an inappropriate time frame because the building industry shuts down

over that time frame and the backlog of work is an issue, we are trying to acquire quotes

as requested.

Answer

Council received a question from Paul Whelan regarding an Operational matter and it will

be addressed directly to Mr Whelan.

10 Petitions

10.1 Fireworks

Petition received from 368 petitioners requesting Brimbank City Council to stop granting

permits that allow the use of fireworks at events in the community.

Motion

That Council:

a. Receives a petition from 368 petitioners, requesting Brimbank City Council to stop

granting permits that allow the use of fireworks at events in the community.

b. Refers the petition from 368 petitioners, requesting Brimbank City Council to stop

granting permits that allow the use of fireworks at events in the community, to

the Chief Executive Officer for consideration and response.

Moved Cr Virginia Tachos/Seconded Cr Sam David

That Council:

a. Receives a petition from 368 petitioners, requesting Brimbank City

Council to stop granting permits that allow the use of fireworks at events

in the community.

b. Refers the petition from 368 petitioners, requesting Brimbank City

Council to stop granting permits that allow the use of fireworks at events

in the community, to the Chief Executive Officer for consideration and

response.

CARRIED

10.2 Ceasefire In Gaza

Petition received from 3,408 petitioners requesting that Council raise a motion for:

a. An immediate permanent ceasefire in Gaza to allow for urgent humanitarian aid

to reach the people of the Occupied Territory of Gaza following seven weeks of

indiscriminate bombardment and mass killing of innocent civilians.

b. To lobby the Australian Government to condemn the war crimes carried out by

the Israeli Government on the Occupied Territory of Gaza.

Resolution

Brimbank Council Meeting No. 629 20 February 2024

28 of 81

c. To lobby the Australian Government to call out Israeli’s legacy of gross

humanitarian violations and atrocities carried out on the Palestinian people.

d. To call for an immediate end to the illegal occupation, apartheid and displacement

of the people of Palestine.

Motion

That Council:

a. Receives a petition from 3,408 petitioners requesting Council to raise a motion

for:

i. An immediate permanent ceasefire in Gaza to allow for urgent

humanitarian aid to reach the people of the Occupied Territory of Gaza

following seven weeks of indiscriminate bombardment and mass killing of

innocent civilians.

ii. To lobby the Australian Government to condemn the war crimes carried

out by the Israeli Government on the Occupied Territory of Gaza.

iii. To lobby the Australian Government to call out Israeli’s legacy of gross

humanitarian violations and atrocities carried out on the Palestinian

people.

iv. To call for an immediate end to the illegal occupation, apartheid and

displacement of the people of Palestine.

b. Refers the petition from 3,408 petitioners, to the Chief Executive Officer for

consideration and response.

Moved Cr Virginia Tachos/Seconded Cr Jasmine Nguyen

That Council:

a. Receives a petition from 3,408 petitioners requesting Council to raise a

motion for:

i. An immediate permanent ceasefire in Gaza to allow for urgent

humanitarian aid to reach the people of the Occupied Territory of

Gaza following seven weeks of indiscriminate bombardment and

mass killing of innocent civilians.

ii. To lobby the Australian Government to condemn the war crimes

carried out by the Israeli Government on the Occupied Territory of

Gaza.

iii. To lobby the Australian Government to call out Israeli’s legacy of

gross humanitarian violations and atrocities carried out on the

Palestinian people.

iv. To call for an immediate end to the illegal occupation, apartheid

and displacement of the people of Palestine.

b. Refers the petition from 3,408 petitioners, to the Chief Executive Officer

for consideration and response.

Resolution

Brimbank Council Meeting No. 629 20 February 2024

29 of 81

CARRIED

10.3 LGBTIQA+ Advisory Group

Petition received from 22 petitioners requesting Council to establish an LGBTIQA+

Community Advisory Committee to recognise the specific concerns and needs of the

LGBTIQA+ community and to ensure its services are accessible and inclusive.

Motion

That Council:

a. Receives a petition from 22 petitioners, requesting Council to establish an

LGBTIQA+ Community Advisory Committee to recognise the specific concerns and

needs of the LGBTIQA+ community and to ensure its services are accessible and

inclusive.

b. Refers the petition from 22 petitioners in relation to an LGBTIQA+ Community

Advisory Committee, to the Chief Executive Officer for consideration and

response.

Moved Cr Jae Papalia/Seconded Cr Jasmine Nguyen

That Council:

a. Receives a petition from 22 petitioners, requesting Council to establish

an LGBTIQA+ Community Advisory Committee to recognise the specific

concerns and needs of the LGBTIQA+ community and to ensure its

services are accessible and inclusive.

b. Refers the petition from 22 petitioners in relation to an LGBTIQA+

Community Advisory Committee, to the Chief Executive Officer for

consideration and response.

CARRIED

13 Notices Of Motion

13.5 Ceasefire In Gaza

Notice of Motion 5/24 – Cr Tachos

Motion

That Council:

a. Acknowledges the horrific impact of the present conflict in Israel and Gaza on the

Brimbank community, noting in particular the acuteness of this impact on those

with personal, familial, cultural and religious ties to the region.

Resolution

Brimbank Council Meeting No. 629 20 February 2024

30 of 81

b. Stands in solidarity with all those impacted by the conflict while raising its

collective voice for a lasting peace.

c. Expresses its profound sorrow and mourning at the harrowing and horrific loss of

every civilian life while sharing its condolences with families and communities

affected.

d. Joins the Australian Government and international community in:

i. calling for an immediate humanitarian ceasefire;

ii. demanding the immediate and unconditional release of all innocent civilian

hostages; and,

iii. emphasising that Palestinian and Israeli civilian populations must be

protected in accordance with international humanitarian law.

e. Affirms its commitment to welcome and support those displaced by the conflict

who may arrive in our City in line with our proud and lengthy history as a new

home for victims of conflict, displacement and persecution.

and,

f. Condemns racism Islamophobia and anti-Semitism, and in all its ugly forms,

including those who seek to ferment hatred, division and conflict in our proudly

diverse, multicultural and open society

.

Motion

Moved Cr Virginia Tachos/Seconded Cr Bruce Lancashire

That Council:

a. Acknowledges the horrific impact of the present conflict in Israel and Gaza on the

Brimbank community, noting in particular the acuteness of this impact on those

with personal, familial, cultural and religious ties to the region.

b. Stands in solidarity with all those impacted by the conflict while raising its

collective voice for a lasting peace.

c. Expresses its profound sorrow and mourning at the harrowing and horrific loss of

every civilian life while sharing its condolences with families and communities

affected.

d. Joins the Australian Government and international community in:

i. calling for an immediate humanitarian ceasefire;

ii. demanding the immediate and unconditional release of all innocent

civilian hostages; and,

iii. emphasising that Palestinian and Israeli civilian populations must be

protected in accordance with international humanitarian law.

e. Affirms its commitment to welcome and support those displaced by the conflict

who may arrive in our City in line with our proud and lengthy history as a new

home for victims of conflict, displacement and persecution.

and,

Brimbank Council Meeting No. 629 20 February 2024

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f. Condemns racism Islamophobia and anti-Semitism, and in all its ugly forms,

including those who seek to ferment hatred, division and conflict in our proudly

diverse, multicultural and open society

.

Amendment

Moved Cr Jasmine Nguyen/Seconded Cr Jae Papalia.

That the motion be amended to read:

That Council:

a. Acknowledges the horrific impact of the present conflict in Israel and Gaza on the

Brimbank community, noting in particular the acuteness of this impact on those

with personal, familial, cultural and religious ties to the region.

b. Stands in solidarity with all those impacted by the conflict while raising its

collective voice for a lasting peace.

c. Expresses its profound sorrow and mourning at the harrowing and horrific loss of

every civilian life while sharing its condolences with families and communities

affected.

d. Joins the Australian Government and international community in:

i. calling for an immediate humanitarian ceasefire;

ii. demanding the immediate and unconditional release of all innocent civilian

hostages; and,

iii. emphasising that Palestinian and Israeli civilian populations must be

protected in accordance with international humanitarian law.

e. Affirms its commitment to welcome and support those displaced by the conflict

who may arrive in our City in line with our proud and lengthy history as a new

home for victims of conflict, displacement and persecution.

and,

f. Condemns racism Islamophobia and anti-Semitism, and in all its ugly forms,

including those who seek to ferment hatred, division and conflict in our proudly

diverse, multicultural and open society.

g. Calls for an immediate permanent ceasefire in Gaza to allow for urgent

humanitarian aid to reach the people of the Occupied Territory of Gaza following

seven weeks of indiscriminate bombardment and mass killing of innocent

civilians.

h. To lobby the Australian Government to condemn the war crimes carried out by

the Israeli Government on the Occupied Territory of Gaza.

i. To lobby the Australian Government to call out Israeli’s legacy of gross

humanitarian violations and atrocities carried out on the Palestinian people.

j. To call for an immediate end to the illegal occupation, apartheid and displacement

of the people of Palestine.

Moved Cr Maria Kerr/Seconded Cr Bruce Lancashire

That Council writes to the Hon. Melissa Horne MP Minister for Roads and Road

Safety (the Minister) to declare Taylors Road between Kings Road and

Westwood Drive as a state-managed arterial road and provide additional lanes

and supporting active transport infrastructure to match demand including the

installation of traffic signals at the intersection of Taylors Road and Tennyson

Drive.

CARRIED

13.4 BAWC Fees

Notice of Motion 4/24 – Cr Kerr

Motion

That Council receives a report providing advice on fee discounts for Brimbank residents

to attend Brimbank Aquatic and Wellness Centre and Sunshine Leisure Centre.

Moved Cr Maria Kerr/Seconded Cr Virginia Tachos

That Council receives a report providing advice on fee discounts for Brimbank

residents to attend Brimbank Aquatic and Wellness Centre and Sunshine

Leisure Centre.

CARRIED

Resolution

Resolution

Brimbank Council Meeting No. 629 20 February 2024

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13.6 Funding For Automated External Defibrillators

Notice of Motion 6/24 – Cr O’Reilly

Motion

That Council write to the Premier of Victoria Hon Jacinta Allan MP requesting the State

Government fund provision of defibrillators at Community-managed not for profit

Neighbourhood Houses and Community Centres.

Moved Cr Thomas O'Reilly/Seconded Cr Sam David

That Council write to the Premier of Victoria Hon Jacinta Allan MP requesting

the State Government fund provision of defibrillators at Community-managed

not for profit Neighbourhood Houses and Community Centres.

CARRIED

Moved Cr Maria Kerr/Seconded Cr Virginia Tachos

That the meeting be adjourned for a short break.

CARRIED

11 Minutes/Reports Of Delegated Committees

Nil.

Resolution

Resolution

Brimbank Council Meeting No. 629 20 February 2024

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12 Officer Reports

12.1

Planning Activity Update And Delegate Decisions And Planning Scheme Amendments Update - December 2023 And January 2024

12.1

Planning Activity Update and Delegate Decisions and

Planning Scheme Amendments Update - December 2023

and January 2024

Directorate

City Futures

Director

Kelvin Walsh

Manager

Kristen Gilbert and Leanne Deans

Attachment(s)

1. Delegated Planning Permit Decisions - December 2023

and January 2024 [

12.1.1

- 48 pages]

2. Graphical representation of the data from the last three

years [

12.1.2

- 3 pages]

3. Planning Scheme Amendment Status Summary

December 2023 and January 2024 [

12.1.3

- 3 pages]

Purpose

To report to Council on:



The status of planning permit applications and trends in planning approvals in

Brimbank



Decisions made under delegated authority in December 2023 and January 2024

regarding planning permit applications and other matters



The status of current Planning Scheme Amendments at 31 January 2024.

Officer Recommendation

That Council:

a.

Notes the Planning Activity Update and Delegate Decisions – December 2023

and January 2024 report, and Delegated Planning Permit Decisions, at

Attachment 1 to this report.

b. Notes the Planning Scheme Amendment Summary – December 2023 and

January 2024, 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

.

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.

Brimbank Council Meeting No. 629 20 February 2024

38 of 81

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

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

Seventy-eight planning determinations and 24 subdivision determinations were made

under delegated authority in December 2023. Sixty-nine new planning permit

applications were received in December 2023. The value of development for these 69

applications is $30.6 million.

Fifty-seven planning determinations and 13 subdivision determinations were made under

delegated authority in January 2024. Thirty new planning permit applications were

received in January 2024. The value of development for these 30 applications is $13.2

million.

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

December 2023 and January 2024 is at

Attachment 1.

Dec

2023 Jan 2024

Previous

month

(Nov 2023)

Monthly

average

for past 12

months

Dec

2022 Jan 2023

Applications

Received

69

30

68

68

67

36

Planning

Permit

Approvals

72

55

76

74

75

62

Notice of

Decision to

Grant a

Permit

6

1

5

6

16

7

Refusal to

Grant a

Planning

Permit

0

1

1

2

3

4

Subdivision

Approvals

15

13

25

22

15

11

Cost of

development

for new

$30.6 $13.2

$169.7 $47.6

$68.6 $10.4

Brimbank Council Meeting No. 629 20 February 2024

39 of 81

applications

(millions)

No planning appeals were determined by the Victorian Civil and Administrative Tribunal

(VCAT) in this period.

At the end of this period there were seven appeals lodged at VCAT that had not yet been

determined. This is four less than at the end of January 2023.

The Planning Scheme Amendment Summary is shown at

Attachment 3

and includes

five 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.

Three amendments including Amendments C219brim (Heritage Update), C225brim

(Planning Policy Framework) and C227brim (Heritage Overlay Sunshine Silos) are with

the Minister for Planning for either authorisation or approval.

Community Engagement

Not applicable.

Resource And Risk Implications

Resource requirements can be met within the Annual Budget 2023/2024.

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.

Moved Cr Bruce Lancashire/Seconded Cr Jae Papalia

That Council:

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

2023 and January 2024 report, and Delegated Planning Permit

Decisions, at Attachment 1 to this report.

b. Notes the Planning Scheme Amendment Summary – December 2023

and January 2024, 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

Resolution

Brimbank Council Meeting No. 629 20 February 2024

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12.2

Planning Compliance Activity Update - 1 October To 31 December 2023

12.2

Planning Compliance Activity Update - 1 October to 31

December 2023

Directorate

City Futures

Director

Kelvin Walsh

Manager

Kristen Gilbert

Attachment(s)

1. Service Requests Received and PI Ns issued - 1 October

to 31 December 2023 [

12.2.1

- 1 page]

2. Location of Requests for Services Received - 1 October to

31 December 2023 [

12.2.2

- 1 page]

Purpose

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

31 December 2023.

Officer Recommendation

That Council notes the Planning Compliance Activity Update for the period of 1 October

to 31 December 2023.

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 October –31

December 23

92

210

159

33

3

Year to Date

1 July –31

December 23

224

349

159

54

13

Council’s Planning Compliance Unit received 92 new requests for service between 1

October and 31 December 2023. The number of requests received is lower than the

previous quarter when 132 requests were received. This is thought to be as a result of

the Christmas period. There were 210 requests resolved by Officers during the quarter.

The most common requests received related to home-based businesses, which

accounted for 26 per cent of the total requests. These requests were located throughout

the municipality, with the majority being in the central and western areas.

Contravention of a planning permit and signage without a permit (both 17 per cent)

were the next most common requests received.

Brimbank Council Meeting No. 629 20 February 2024

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Other requests for service related to use for motor vehicle repairs in residential

premises, materials recycling and truck parking on vacant land. 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 33 PINs issued during the quarter relating to:



Breach of Planning Scheme/use of the land without a valid planning permit



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

Community Engagement

Not applicable.

Resource And Risk Implications

Resource requirements can be met within the Annual Budget 2023/2024.

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 Planning and Environment Act 1987 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.

Moved Cr Bruce Lancashire/Seconded Cr Maria Kerr

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

October to 31 December 2023.

CARRIED

Resolution

Brimbank Council Meeting No. 629 20 February 2024

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12.3

Application to Amend Planning Permit P699/2017 for

land previously known as 322 Duke Street Sunshine

North

Directorate

City Futures

Director

Kelvin Walsh

Manager

Kristen Gilbert

Attachment(s)

1. Zoning Map [

12.3.1

- 1 page]

2. Aerial Photo [

12.3.2

- 1 page]

3. Proposed Plans [

12.3.3

- 33 pages]

4. Detailed Assessment [

12.3.4

- 54 pages]

5. Proposed Conditions [

12.3.5

- 12 pages]

Purpose

To provide Council with an assessment of a proposed amendment to Planning Permit

P699/2017 to allow the construction of two apartment blocks at 400A Duke Street,

Sunshine North (originally known as 322 Duke Street) against the provisions of the

Brimbank Planning Scheme (Planning Scheme).

Officer Recommendation

That Council issues an amended Planning Permit P699/2017 for the construction of 85

dwellings in the form of two apartment buildings in addition to the existing development

at land previously known as 322 Duke Street, Sunshine North, subject to the permit

conditions contained in Attachment 5 to this report.

Background

The overall site that is the subject of Planning Permit P699/2017 is located on the

eastern side of Duke Street in Sunshine North and was previously known as 322 Duke

Street and 30A Riverview Link, Sunshine North. It is bounded by the Maribyrnong River

to the east, the Duke Street reserve to the south, Duke Street to the west and Riverview

Link to the north. This area is shown as Stage 4 on the approved Development Plan for

the Rivervalley Estate, however is known locally as the Pace development. The site is

within the General Residential Zone Schedule 1 and is affected by a number of planning

overlays under the Planning Scheme.

Planning Permit P699/2017 was originally issued by Council on 17 May 2018 for the

construction of 266 dwellings and associated works. The endorsed plans showed a vacant

area in the north-western corner of the site that was nominated as a superlot and was

subject to future development approval. The permit was subsequently amended on 19

September 2019 to allow for the construction of an additional 22 dwellings in townhouse

form, of which 19 were in the area shown as the vacant superlot on the original endorsed

plans.

Development of the rest of the land has been completed in accordance with this planning

permit, however the approved townhouses within the superlot area have not been

constructed and this area remains vacant.

The current proposal seeks amendments to Planning Permit P699/2017 and the endorsed

plans to construct 85 dwellings in the form of two apartment blocks in this area and to

delete the previously approved 19 townhouses. This would reduce the overall number of

townhouses within the development from 256 to 237 and increase the number of

apartments from 32 to 117.

Brimbank Council Meeting No. 629 20 February 2024

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Matters for Consideration

The two proposed apartment buildings are three storeys in height above natural ground

level. The western building has a total of five levels of apartments plus a basement car

park, however two of these levels plus the basement sit below the natural ground level

due to the site’s relatively steep topography and proposed excavation. The eastern

building has a total of four levels of apartments, with one of these levels sitting below the

natural ground level. Only one vehicle access point to the site is proposed which will be

from Riverview Link to the north.

Ninety-nine parking spaces are provided within the basement car park. The apartments

require 86 parking spaces for residents plus an additional 17 spaces for visitors. All of the

resident parking plus some of the visitor parking is provided within the basement car

park. The remaining visitor parking is provided within the current development because

when calculated across the entire development site there are a total of 354 dwellings

(237 townhouses 117 apartments) which require 70 visitor parking spaces. The overall

development provides 86 visitor parking spaces which exceeds with the requirements for

resident and visitor parking as set out at Clause 52.06 of the Planning Scheme.

The amended development has been assessed against Clause 58 (Apartment

Developments) of the Brimbank Planning Scheme and it has been found to achieve a

high level of compliance with the standards and objectives.

A thorough assessment of the proposal against the provisions of the Planning Scheme is

included at

Attachment 4

to this report. The assessment indicates there is strategic

justification and policy support for this application in relation to the principle of

supporting a more intense form of development on this site than was previously

approved.

The proposal would create an acceptable level of amenity to future occupants of the

development without significantly impacting on the current occupants in the wider

development; achieves compliance with the mandatory height requirements of the

General Residential Zone; and is an innovative and site responsive form of development.

It is recommended that an Amended Planning Permit be issued based on the proposed

conditions outlined in

Attachment 5

to this report.

Community Engagement

The application is exempt from the notice requirements of Section 52(1) (a), (b) and (d)

of the

(

) because it is generally in accordance

with the approved Development Plan for the site. This means Council is unable to

advertise the application and no third parties have appeal rights in relation to any

decision Council makes on the application.

Resource And Risk Implications

Resource requirements can be met within the Annual Budget 2023/2024.

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

Legislation/Council Plan/Policy Context

This report has also been prepared under the relevant guiding principles of the Brimbank

Planning Scheme and the Planning and Environment Act 1987.

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

conflicts of interests to declare.

Brimbank Council Meeting No. 629 20 February 2024

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Moved Cr Bruce Lancashire/Seconded Cr Sam David

That Council issues an amended Planning Permit P699/2017 for the

construction of 85 dwellings in the form of two apartment buildings in addition

to the existing development at land previously known as 322 Duke Street,

Sunshine North, subject to the permit conditions contained in Attachment 5 to

this report.

CARRIED

Resolution

Brimbank Council Meeting No. 629 20 February 2024

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12.4

Integrated Water Management Update

12.4

Integrated Water Management Update

Directorate

City Futures

Director

Kelvin Walsh

Manager

Michelle van Gerrevink

Attachment(s)

1. Maribyrnong Catchment IWM Action Plan DRAFT FOR

ISSUE [

12.4.1

- 56 pages]

2. Werribee Catchment IWM Action Plan DRAFT FOR ISSUE

[

12.4.2

- 42 pages]

3. Brimbank Sustainable Water Strategy Review Final

Report - Feb 2024 [

12.4.3

- 9 pages]

Purpose

To provide an update on the Catchment Integrated Water Management Plans; and the

review and planned update to the Sustainable Water Management Strategy 2013 - 2023.

Officer Recommendation

That Council:

a. Notes the Maribyrnong and Werribee Catchment Integrated Water Management

Plans shown at Attachment 1 and 2.

b. Writes to the Maribyrnong and Werribee Integrated Water Management Forum

Chairs giving in principle support for the Maribyrnong and Werribee Catchment

Integrated Water Management (IWM) Plans and requesting:

i. That the lead in the Maribyrnong IWM Plan for the Stony Creek and Albion

Quarter precinct project be changed to the Department of Transport and

Planning.

ii. That changes are made to the strategic outcomes for actions where

Council is a lead or partner to ensure they are correctly linked.

c. Notes the review of the Brimbank Sustainable Water Management Strategy 2013

– 2023, shown at Attachment 3.

d. Notes that Council officers will engage with the Brimbank Community Voice to

inform the development of the draft Brimbank Integrated Water Management

Strategy.

Background

Victoria’s Integrated Water Management Forums (IWM Forums) are made up of

representatives from local government, water corporations, Traditional Owners, and

State Government agencies including the Department of Energy, Environment and

Climate Action (DEECA). In metropolitan Melbourne the IWM Forums are geographical

bound by water catchments. Brimbank City Council (Council) is part of both the

Maribyrnong and Werribee IWM Forums.

The purpose of the IWM Forums is to identify, prioritise and oversee the implementation

of collaborative water opportunities across Victoria. Recently the IWM Forums developed

draft actions plans to help prioritise projects that may not be possible for a single

organisation to deliver by itself. Projects within the draft action plans have a greater

likelihood of receiving State Government funding. Feedback about the draft Plans is

required by 1 March 2024.

Brimbank Council Meeting No. 629 20 February 2024

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In addition to participating in the IWM Forums, Council delivers many functions,

programs and projects in which water plays a major role. These include planning, urban

design, flood mitigation, conservation and irrigation of sports ovals and parks.

To effectively manage those projects Council developed the Brimbank Sustainable Water

Management Strategy 2013 – 2023 (Strategy). The Strategy provided high-level

objectives and actions to facilitate Brimbank’s transition to a water sensitive city with

healthy waterways.

The Strategy is due for update and to commence this process Council officers have

reviewed the strategy and are preparing to undertake engagement activities to inform

the development a new draft Strategy.

Matters for Consideration

IWM Forum Catchment Integrated Water Management Plans

The IWM Forums have developed draft plans over the past 12 months and the draft

Maribyrnong Catchment Integrated Water Management Plan (draft Maribyrnong Plan)

and the draft Werribee Catchment Integrated Water Management Plan (draft Werribee

Plan) is shown at

Attachment 1 and 2

respectively. These have been provided to

Council for a final round of feedback.

Council officers have participated in the development of the draft Maribyrnong Plan and

the draft Werribee Plan and prioritisation of actions. The actions where Council are either

a lead or partner are:



Green Gully Stormwater Harvesting Expansion. (Led by Brimbank City Council)



Copernicus Way Reserve Wetland and Stormwater Harvesting. (Led by

Brimbank City Council)



Lower Stony Creek priority project. (Led by Maribyrnong City Council)



Stony Creek and Albion Quarter precinct. (Identified lead is Brimbank City

Council)



Greening the pipeline Zone 9 (Brooklyn) masterplan. (Led by Melbourne

Water)

In addition, both draft Plans contain systemic enabling actions which are relevant to all

IWM Forum members. These include actions such as developing a WSUD asset

management framework, clarifying roles and responsibilities, developing an IWM

investment framework, among others.

The draft Maribyrnong Plan and the draft Werribee Plan have been reviewed by Council

officers, who have suggested some minor changes, including:



Changing the lead for Stony Creek and Albion Quarter precinct project to

Department of Transport and Planning (DTP). This project is being led by DTP

however it was Council officers who requested the project be included in the

draft Maribyrnong Plan. DEECA (the author of draft Plans) then mistakenly

listed Council as the lead.



Ensuring the correct strategic outcomes are highlighted for the actions Council

is a lead or partner in. There are seven strategic outcomes identified in the

draft Plans and each action is linked to one or more of those strategic

outcomes. For actions where Council is a lead or partner, Council officers

identified that not all strategic outcomes were correctly linked and

recommended that that be rectified.

Brimbank Council Meeting No. 629 20 February 2024

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The actions identified in the draft Plans where Brimbank is the lead organisation (Green

Gully Stormwater Harvesting Expansion, Copernicus Way Reserve Wetland and

Stormwater Harvesting) are identified in Council’s 10 Year Capital Works Program.

Budget to support the delivery of these actions will be sought through both Melbourne

Water and Greater Western Water grants programs.

Brimbank Sustainable Water Management Strategy Review 2013 – 2023

Council officers have conducted a review of the Brimbank Sustainable Water

Management Strategy 2013 – 2023 (the Strategy) which is shown at

Attachment 3

.

The review was conducted through an assessment of the status of actions within the

Strategy and feedback from interviews with Council officers across Urban Design,

Engineering Services, Facilities & Major Projects, Parks Services and Leisure &

Community Infrastructure. Melbourne Water and Greater Western Water were also

engaged as part of the Strategy review.

The review found that significant progress has been made in making Brimbank a water

sensitive city. The Strategy included 34 actions and the review identified that progress

had been made on all 34:



Five actions have been completed



Fifteen actions are ongoing



Eight actions were partly completed



Six are progressing through other government programs.

The review report shown at

Attachment 3

provides further detail on the status of the

Strategy’s actions.

The review identifies the following considerations for the development of the next

Strategy:



Rename the Strategy to the ‘Brimbank Integrated Water Management

Strategy’ to better align to current water management governance and our key

stakeholder partners.



Improve the clarity of the high-level objectives within the Strategy.



Increase the focus on data collection and management supported by a

Monitoring, Evaluation, Reporting and Improvement (MERI) framework.



Upgrade Council’s water asset maintenance program through prioritised

actions, regular audits, better data management, clear processes and well

understood roles and responsibilities.



Improve engagement with Traditional Owners on relevant water-related

initiatives and activities.



Engage private developers to facilitate the adoption of best practice IWM.

Council officers will progress the development of a new Strategy in 2024.

Community Engagement

It is proposed that preliminary community engagement is undertaken with the Brimbank

Community Voice in March 2024, to inform preparation of the new draft Strategy. The

draft Strategy would be presented to Council seeking support to undertake community

consultation.

Resource And Risk Implications

The actions identified in the IWM Forum plans where Brimbank is the lead organisation

are also identified within Council’s 10 Year Capital Works Program. The resources

Brimbank Council Meeting No. 629 20 February 2024

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required to deliver those projects will likely come from a combination of Council and

partner organisation grant funding.

Resource requirements for the development of a new Strategy can be met within the

Annual Budget 2023-2024.

Environmental:

impacts on environmental sustainability, including water/waste

management, climate change, and contaminated land

• Yes – The development of a new water focused Strategy will help ensure Council

delivers water assets and water related projects in the most efficient and effective

manner. This Strategy will lower Council’s environmental risk and build resilience to

climate change.

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

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

generations.

An action in the Council Plan – Year 3 Action Plan 2023-2024 is to update

the

Brimbank

Sustainable Water Management Strategy 2013 – 2023 and continue working with key

partners and authorities on integrated water management.

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

conflicts of interests to declare.

Moved Cr Virginia Tachos/Seconded Cr Jae Papalia

That Council:

a. Notes the Maribyrnong and Werribee Catchment Integrated Water

Management Plans shown at Attachment 1 and 2.

b. Writes to the Maribyrnong and Werribee Integrated Water Management

Forum Chairs giving in principle support for the Maribyrnong and

Werribee Catchment Integrated Water Management (IWM) Plans and

requesting:

i. That the lead in the Maribyrnong IWM Plan for the Stony Creek and

Albion Quarter precinct project be changed to the Department of

Transport and Planning.

ii. That changes are made to the strategic outcomes for actions

where Council is a lead or partner to ensure they are correctly

linked.

c. Notes the review of the Brimbank Sustainable Water Management

Strategy 2013 – 2023, shown at Attachment 3.

d. Notes that Council officers will engage with the Brimbank Community

Voice to inform the development of the draft Brimbank Integrated Water

Management Strategy.

CARRIED

Resolution

Brimbank Council Meeting No. 629 20 February 2024

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12.5 Quarter 2 Budget Report (Oct/Nov/Dec2023)

12.5

Quarter 2 Budget Report (Oct/Nov/Dec2023)

Directorate

Corporate Services

Director

Mark Stoermer

Manager

Andrew Brae

Attachment(s)

1. Quarterly Budget Report - 31 December 2023 [

12.5.1

-

22 pages]

Purpose

For Council to note the Quarterly Budget Report and accompanying statements for the

period ending 31 December 2023.

Officer Recommendation

That Council notes the Quarterly Budget Report and accompanying statements for the

period ending 31 December 2023, at Attachment 1 to this report.

Background

The Quarterly Budget Report is a requirement under the Local Government Act 2020

(the Act).

Matters for Consideration

For Council to note the Quarterly Budget Report and accompanying statements for the

period ending 31 December 2023, as per

Attachment 1

to this report.

Analysis

Operating Performance

The Annual Budget for the 2023/24 financial year has an operating surplus of $8.03

million.

The year to date (YTD) operating surplus of $104.39 million is $12.35 million or 13.41%

favourable to the YTD Budget of $92.05 million.

Current full year forecast estimates an operating surplus of $1.12 million, being $6.92

million or 86.09% unfavourable to the Annual Budget, driven in part by $14.17 million

reduction in Victorian Grants Commission received and recognised in 2022/2023 financial

year whilst budgeted to be received in 2023-2024, as this amount was paid to Brimbank

early June 2023. Our cash position is not affected negatively, but we have downgraded

our Income forecast by this amount in the current year. Other major factors offsetting the

reduction in Victorian Grants Commission funding include $3.39 million increase in Capital

Grants mainly due to carried forward grants from last financial year, $5.24 million increase

in Cash Contributions mainly due to unbudgeted Open Space Contribution of $3.75m

received from subdivision of Aldi land and $1.00 million from Australian Renewable Energy

Agency and User Fees up by $1.94 million due to increased membership uptake in

Brimbank Aquatic and Wellness Centre.

Brimbank Council Meeting No. 629 20 February 2024

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Capital Performance

The 2023/24 Annual Budget is $72.40 million, comprising of $55.85 million of Capital

Works projects and $16.55 million carried forward from the 2022/23 financial year.

YTD Capital Works actual expenditure is $18.07 million against a budget of $18.74 million.

This is a favourable variance of $0.67 million made up of favourable Road Works $3.78

million, offset by unfavourable Playgrounds/Parks/Gardens ($1.28 million), Sports

Facilities ($0.52 million) and Other (0.83 million) made up of Plant & Machinery, Passenger

& Commercial Vehicles.

The full year capital expenditure forecast estimates expenditure of $64.33 million being

$8.07 million lower than budget.

YTD external funding is $4.59 million comprising recurrent and non-recurrent grants and

Contributions. Total full year external funding Forecast is $6.42 million.

Cash Position

The Annual Budget has a cash balance of $69.85 million at the end of the financial year.

The YTD cash balance is $90.93 million comprising an opening balance of $93.71 million

at 1 July 2023 and year to date net cash outflows of ($2.78) million.

The forecast year end cash balance is $69.75 million which is ($102K) lower than the

budgeted closing cash at bank of $69.85 million. Section 2 of attached report provides a

detailed analysis on the variances to budget.

Key Financial Ratios

Details of key financial ratios are:

Indicator

Measure

Budget

2023/24

Forecast

Risk

Adjusted

underlying

result

Underlying net

surplus (or

deficit) /

Adjusted

Underlying

Revenue

3%

1%

Low

Self-Financing Net Operating

cash flows /

Adjusted

underlying

revenue

22%

21%

Low

Capital

Replacement

Capital

expenditure /

Depreciation

1.49

1.33

Medium

Asset Renewal Asset renewal

expenditure /

Depreciation

0.56

0.59

Medium

Working

Capital

Current assets /

Current

liabilities

1.47

4.56

Low

Brimbank Council Meeting No. 629 20 February 2024

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Indebtedness Non-current

liabilities / Own

source revenue

34%

42%

Medium

Adjusted Underlying Result

This measures an entity’s ability to generate surplus in its ordinary course of business,

excluding non-recurrent capital grants, non-monetary asset contributions and other

contributions to fund capital expenditure from its net result. A surplus or increasing surplus

suggests an improvement in the operating position.

The forecast result of 1% indicates a Low risk.

Self-Financing

This indicator measures the ability to replace assets using cash generated by the entity's

operations. The forecast result of 21% indicates a Low risk.

Capital Replacement

This is a long-term indicator. The forecast result of 1.33 indicates a Medium risk and that

spending is faster than the depreciation rate. This result should be read with caution as

it is important to note that only 43% of the overall capital budget was identified as

renewal expenditure.

Asset Renewal

The forecast result of 0.59 indicates a Medium risk and is constant with only 43% of the

overall capital budget identified as renewal. This would suggest that there is insufficient

spending on the renewal of existing assets.

Working Capital

The actual result of 4.56 indicates a Low risk to Council. This is due to a change in

accounting treatment of rates income. The full amount of rates income is now recognised

when we issue the Annual Notice, instead of progressively recognising income over the

year which has significantly increased the rates debtors in current assets at the start of

the year. It is anticipated that the ratio will be in line with the budget at year end with

the payment of rates.

Indebtedness

The actual result of 42% indicates Medium risk and that Council has the ability to repay

debt from its own revenue sources. This is mostly driven by the recognition of Lease

Liability as per AASB 16.

Community Engagement

The Annual Budget 2023/2024 was adopted by Council at the Council Meeting on 20

June 2023, following a community consultation process.

Resource And Risk Implications

Resource requirements can be met within the Annual Budget 2023/2024.

Brimbank Council Meeting No. 629 20 February 2024

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Financial:

significant financial impacts

• Yes - Council must ensure that it has implemented the principles of sound financial

management including prudently managing financial risks faced by Council, pursuing

spending and rating policies consistent with a reasonable degree of stability, ensuring

decisions are made and actions taken having regard for the financial effects on future

generations, and ensuring full, accurate and timely disclosure of financial information

relating Council. This report addresses the risks associated with demonstrating Council’s

commitment to the principles of sound financial management by reviewing Council’s

financial position to the adopted budget, projecting a year end position to ensure overall

financial strength of Council and outlining to the community that Council is managing its

finances in a sustainable and responsible manner.

Regulatory:

legal, legislative or regulatory implications including the rights/obligations

of stakeholders

• Yes - The Quarterly Budget Report is a requirement under the Local Government Act

2020

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

, Australian Accounting Standards

and Annual Budget 2023/2024.

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

conflicts of interests to declare.

Moved Cr Virginia Tachos/Seconded Cr Sam David

That Council notes the Quarterly Budget Report and accompanying statements

for the period ending 31 December 2023, at Attachment 1 to this report.

CARRIED

Resolution

Brimbank Council Meeting No. 629 20 February 2024

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12.6

Governance Report February 2024

12.6

Governance Report February 2024

Directorate

People, Partnerships and Performance

Director

Georgie Hill

Manager

Danny Bilaver

Attachment(s)

1. Record of Informal Meeting of Councillors [

12.6.1

- 14

pages]

2. Delegates and Representatives Report [

12.6.2

- 6

pages]

3. Sydenham Park Consultative Committee Terms of

Reference - February 2024 [

12.6.3

- 5 pages]

4. Minutes of Audit and Risk Committee - 24 November

2023 [

12.6.4

- 8 pages]

5. Risk Management Policy 2024 [

12.6.5

- 11 pages]

6. Kindergarten Registration and Enrolment Guideline 2024

[

12.6.6

- 12 pages]

7. CONFIDENTIAL - Regional Assessment Service [

12.6.7

-

2 pages]

Purpose

For Council to consider:



A summary of recent Governance activity.



Contracts entered into, and works orders approved in accordance with the S7

Instrument of Sub Delegation.



Councillor Declarations of Representations by Members of Parliament.



Updated Sydenham Park Consultative Committee Terms of Reference.



Audit and Risk Committee Minutes of 24 November 2023.



Risk Management Policy.



Kindergarten Central Registration and Enrolment Guideline.



Funding Agreement with the State Government for Old Geelong Road, Brooklyn



Update on the Regional Assessment Service.

Council Recommendation

That Council:

a. Notes the:

i. Governance Report February 2024.

ii. Contracts entered into, and works orders approved, in accordance with S7

Instrument of Sub Delegation (24/3414; 24/3420MAV).

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.

v. Councillor Declarations of Representations by Members of Parliament.

b. Increases the representation of Wurundjeri Woi Wurrung Cultural Heritage

Aboriginal Corporation membership on the Sydenham Park Consultative

Committee from two to three positions, to enable representation from the Nevin,

Wandin and Terrick families, and endorses the revised Sydenham Park

Consultative Committee Terms of Reference shown at Attachment 3.

c. Notes the Minutes of Audit and Risk Committee Meeting No. 137 held on 24

November 2023, at Attachment 4 to this report.

Brimbank Council Meeting No. 629 20 February 2024

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d. Adopts the Risk Management Policy, at Attachment 5 to this report.

e.

Authorises the Chief Executive Officer to enter into a Funding Agreement with the

State Government:

i. for the amount of $1.67 million to construct and seal the western end of

Old Geelong Road in Brooklyn and enter into any contracts necessary to

discharge Council’s obligations under the Funding Agreement.

ii. for the amount of $2 million to implement road safety treatment projects

as part of the Safe Local Roads and Street Program and enter into any

contracts necessary to discharge Council’s obligations under the Funding

Agreement.

f. Notes the Kindergarten Registration and Enrolment Guideline as at Attachment 6.

g. Notes the update provided on the Regional Assessment Service as contained in

Confidential Attachment 7.

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

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 18

October 2022 (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 12 December

2023 (S7 Instrument of Sub-Delegation by the Chief Executive Officer).

Contracts entered into, and works orders approved, in accordance with S7

Instrument of Sub-Delegation

Contracts entered into, and works orders approved, under delegation since reporting to

the last Council Meeting are:

Contract

No.

Description

Successful

Tenderer

Contract

Amount

(inc GST)

Date Awarded

24/3414 Fire Equipment

Maintenance Services

Wormald

Australia

$450,000 18/12/2023

24/3420

MAV

Supply and Delivery of

Two Compact Street

Sweepers

Sweepers N

Scrubbers

$529,126.60 15/12/2023

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Records of Informal Meetings of Councillors

An Informal Meeting of Councillors includes meetings that are:



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

briefing Councillors,



Attended by at least one member of Council staff, and



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.

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

6 December 2023 Heritage Advisory Committee

11 December 2023 Disability Advisory Committee

11 December 2023 Sydenham Park Consultative Committee

13 December 2023 BATSICC

30 January 2024

Briefing

13 February 2024 Council Meeting Briefing

13 February 2024 Planning Forum

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

6 December 2023 Heritage Advisory Committee

Cr Bruce Lancashire

11 December 2023 Disability Advisory Committee

Cr Victoria Borg and Cr

Thomas O’Reilly

11 December 2023 Sydenham Park Consultative

Committee

Cr Ranka Rasic and Cr Bruce

Lancashire

13 December 2023 BATSICC

Cr Jae Papalia

Brimbank Council Meeting No. 629 20 February 2024

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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.

Councillor Declaration of Representations by Members of Parliament was received for the

following meetings.

Date

Councillor

Member of

Parliament

Matter Discussed

29 January 2024 Cr Rasic

Dr Daniel Mulino Melbourne Airport Rail

Melbourne Airport Third Runway

Calder Freeway

Climate Emergency

Addressing Unemployment

Homelessness

Community Facilities

Rate Capping

Federal Election

Vietnamese Museum of Australia

ALGA National General Assembly

(July 2024)

LeadWest advocacy update

Sydenham Park Consultative Committee

At the Council Meeting on 17 October 2023, Council resolved, among several matters, to

endorse changes to the terms of reference for the Sydenham Park Consultative

Committee (Committee), which included increasing the representation of Wurundjeri Woi

Wurrung Cultural Heritage Aboriginal Corporation (WWCHAC) from one to two positions.

This change was at the request of the Brimbank Aboriginal and Torres Strait Islander

Consultative Committee.

The Committee’s independent chair, Dr David Jones, has been liaising with the WWCHAC

regarding their nominated representatives. The WWCHAC is made up of three family

groups - Nevin, Wandin and Terrick. The WWCAC Board of Directors has indicated that

they would like three positions on the Committee so that each family can be

represented. This is a similar arrangement to Wurundjeri Woi-wurrung representation on

the Birrarung Council and is considered best practise.

The Committee Terms of Reference have been revised to reflect this change and are

shown at

Attachment 3

.

Audit and Risk Committee

Minutes of the Audit and Risk Committee (ARC) meeting held 24 November 2023, is

presented to Council for noting at

Attachment 4

.

Risk Management Policy

The Risk Management Policy outlines Council’s commitment to managing risks. It sets

Councils risk management objectives. It also defines how responsibility for managing

risks is distributed among Councillors, officers and committees of the organisation. The

Brimbank Council Meeting No. 629 20 February 2024

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policy is enacted through the Risk Management Framework and various management

system processes and procedures.

It is considered opportune to review the Risk Management Policy due to recent changes

to Council’s risk management operating environment. The changes include:



alignment with the new organisational structure



the establishment of the Strategic Risk and Internal Audit Group (SRIAG) to:

o

provide oversight and active management of major and emerging risks,

issues, opportunities and Council’s assurance environment

o

lead role in promoting, communicating and embedding a positive risk,

innovation and opportunity culture across the organisation

o

have oversight of risk maturity program, audit management function,

control and assurance management and uplifting organisational risk

culture.

This Risk Management Policy is supported by the Risk Management Framework, which

has also been subject to a simultaneous review. This aligned and coordinated approach

strengthens Council’s risk maturity and provides a level of transparency in Council’s

commitment and approach to risk. The Risk Management Policy is a central part of

Council’s governance framework for risk management, which also includes the:



Risk Management Framework;



Fraud and Corruption Framework;



Audit and Risk Committee;



Strategic Risk and Internal Audit Group; and



Internal and External Audit Program.

The Audit and Risk Committee has endorsed the Risk Management Policy during the 24

November 2023. The policy is presented for adoption at

Attachment 5

.

Funding Agreements

Council has recently been awarded $1.67m in grant funding from the State Government

to construct and seal the western end of Old Geelong Road in Brooklyn to effectively

remove the dust nuisance occurring from the existing section of unsealed road. The

project is fully funded by the State Government.

A project proposal has now been agreed in principle between Council and the

Department of Transport and Planning. Council’s delegation to the CEO allows the CEO to

enter into funding agreements in line with financial delegation thresholds. As the

agreement exceeds the CEO delegation thresholds, this proposal is being put to Council

to be formally endorsed.

The works are expected to commence towards the end of the current financial year

(2023/24) and be completed in the following financial year (2024/25).

Council has been given in-principal approval for $2m in funding from the State

Government for the Safe Local Roads and Street Program. The program is a partnership

between the TAC and the Department of Transport and Planning. Funding is being

provided to Council to implement Council identified road safety treatments projects on

local roads within the municipality.

Council’s delegation to the CEO allows the CEO to enter into funding agreements in line

with financial delegation thresholds. As the agreement exceeds the CEO delegation

Brimbank Council Meeting No. 629 20 February 2024

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thresholds, this proposal is being put to Council to be formally endorsed. Upon

endorsement, Council will complete the administrative process to formalise the funding

agreement.

Kindergarten Central Registration and Enrolment Guideline

At the 18 July 2023 Council Meeting, Cr Virginia Tachos brought forward the following

Notice of Motion that was carried:

A review was undertaken that included:



Benchmarking analysis with other LGAs, with a focus on those with similar

demographic and geographic profiles to Brimbank;



Data analysis of potential impacts of the inclusion/exclusion of local priority of

access criteria on different demographics and suburb areas of the Brimbank

community;



Community consultation via a Your Say survey and targeted outreach

activities.

The review resulted in the following proposed changes:



Inclusion of Council and Central Registration and Enrolment Scheme (CRES)

principles and obligations



Introduce a 3km radius residential proximity as local Priority of Access criteria



Introduce existing sibling attendance as a local Priority of Access criteria.

The key changes to the guidelines as at

Attachment 6

include

:



Increased emphasis on the intent of the Central Registration and Enrolment

Scheme, which is to promote equity, consistency and access



Introduction of additional local criteria:

o

3km radius residential proximity as local Priority of Access criteria

o

Existing sibling attendance as a local Priority of Access criteria

o

Four-Year-Old kindergarten if attended Three-Year-Old kindergarten

(this was already being applied but not formalised in policy).

With the introduction of local criteria, it should be noted that these are secondary to the

existing criteria for high priority children as defined by the Department of Education.

Children experiencing vulnerability will be placed ahead of any other children, regardless

of their previous attendance, sibling connections or proximity to the kindergarten.

To support transparency for families a procedure document has been developed, along

with other promotional material, to support families to understand the kindergarten

registration and enrolment process.

Regional Assessment Service

An update on the Regional Assessment Service is provided in

Confidential Attachment

7

.

Community Engagement

Not applicable.

Brimbank Council Meeting No. 629 20 February 2024

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Resource And Risk Implications

Resource requirements can be met within the Annual Budget 2023/2024.

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.

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.

Moved Cr Jae Papalia/Seconded Cr Sam David

That Council:

a. Notes the:

i. Governance Report February 2024.

ii. Contracts entered into, and works orders approved, in accordance

with S7 Instrument of Sub Delegation (24/3414; 24/3420MAV).

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.

v. Councillor Declarations of Representations by Members of

Parliament.

b. Increases the representation of Wurundjeri Woi Wurrung Cultural

Heritage Aboriginal Corporation membership on the Sydenham Park

Consultative Committee from two to three positions, to enable

representation from the Nevin, Wandin and Terrick families, and

endorses the revised Sydenham Park Consultative Committee Terms of

Reference shown at Attachment 3.

c. Notes the Minutes of Audit and Risk Committee Meeting No. 137 held on

24 November 2023, at Attachment 4 to this report.

d. Adopts the Risk Management Policy, at Attachment 5 to this report.

Resolution

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e. Authorises the Chief Executive Officer to enter into a Funding Agreement

with the State Government:

i. for the amount of $1.67 million to construct and seal the western

end of Old Geelong Road in Brooklyn and enter into any contracts

necessary to discharge Council’s obligations under the Funding

Agreement.

ii. for the amount of $2 million to implement road safety treatment

projects as part of the Safe Local Roads and Street Program and

enter into any contracts necessary to discharge Council’s

obligations under the Funding Agreement.

f. Notes the Kindergarten Registration and Enrolment Guideline as at

Attachment 6.

g. Notes the update provided on the Regional Assessment Service as

contained in Confidential Attachment 7.

CARRIED

Brimbank Council Meeting No. 629 20 February 2024

61 of 81

12.7

Appointment To Committees 2024

12.7

Appointment to Committees 2024

Directorate

People, Partnerships and Performance

Director

Georgie Hill

Manager

Danny Bilaver

Attachment(s)

Nil

Purpose

For Council to consider appointments to Committees.

Officer Recommendation

That Council:

a. Appoints until Council resolves otherwise:

i. Councillor ___________ as Councillor delegate, and Councillor

___________ as proxy, to the LeadWest Joint Delegated Committee.

ii. Councillors ___________ and ___________ as representatives, and

Councillors ___________ and ___________ as substitute to the Audit

and Risk Committee.

iii. Councillor ___________ as Chair, and Councillors ___________ and

___________ as representatives, to the Brimbank Arts Advisory

Committee.

iv. Councillor ___________ as co-Chair, and Councillors ___________ and

___________ as representatives, to the Brimbank Disability Advisory

Committee.

v. Councillor ___________ as co-Chair, and Councillor ___________ as

representative, to the Brimbank Youth Council.

vi. Councillor ___________ as Chair, to the Brooklyn Industrial Precinct

Strategy Committee.

vii. Councillors Ranka Rasic, ___________, ___________, ___________,

___________, and ___________ as representatives, to the Chief

Executive Officer Employment Matters Committee.

viii. Councillor ___________ as Chair, to the Heritage Advisory Committee.

ix. Councillor ___________ as Chair, and Councillor ___________ as

representative, to the Social Justice Coalition – Strategic Implementation

Group.

x. Councillor ___________ as representative, to the Sunshine Town Centre

Partnership Group.

xi. Councillor____________ and Councillor __________ to the Sydenham

Park Consultative Committee.

xii. Councillor ___________ as delegate and Councillor ___________ as

substitute to the Brimbank Community Fund Advisory Committee.

xiii. Councillor ___________, Councillor ___________ and Councillor

___________ as delegates to the Brooklyn Community Representative

Group.

xiv. Councillor ___________ as delegate, and Councillor ___________ as

substitute, to the Calder Highway Improvement Committee.

Brimbank Council Meeting No. 629 20 February 2024

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xv. Councillors ___________ as representative to the Local Government

Working Group on Gambling.

xvi. Councillors ___________ as delegate to the Melbourne Regional Landfill

Community Reference Group.

xvii. Councillor ___________ as delegate to the Metropolitan Transport

Forum.

xviii. Councillor ___________ as delegate, and Councillor ___________ as

substitute delegate to the Municipal Association of Victoria (MAV).

xix. Councillor ___________ as delegate to the Western Melbourne Tourism

Committee.

b. Notes that in accordance with their respective Terms of Reference, Council

appointed Councillor representatives to the following Committees for a two year

term in February 2023:

i. Brimbank Aboriginal and Torres Strait Islander Reconciliation Action Plan

Consultative Committee;

ii. Safety and Wellbeing Partnership; and

iii. St Albans Town Centre Partnership Group.

Background

Committees

Council has established LeadWest Joint Delegated Committee with four other western

metropolitan councils and appointed Council delegates to this committee. Council has

also established a range of internal advisory committees to which it appoints Council

representatives. Council is also invited to participate on external committees convened

by other organisations and bodies, to which it appoints Council delegates.

The role of the Council representative or delegate is defined in the Terms of Reference

for each committee, and is, broadly, to represent the issues facing, and position of

Council.

Matters for Consideration

Committee Appointments

Council generally reviews appointments of Council delegates and representatives to

committees on an annual basis, at the February Council Meeting.

Chief Executive Officer Employment Matters Committee

Under the Chief Executive Officer Employment Matters Committee Terms of Reference,

the Mayor is a compulsory appointment. Accordingly, it is recommended Council

appoints the Mayor, Councillor Ranka Rasic, to the Committee.

Community Engagement

Not applicable.

Resource And Risk Implications

Resource requirements can be met within the Annual Budget 2023/2024.

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. 629 20 February 2024

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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.

Section 129 of the

provides that a conflict of interest does

not arise in relation to a decision by a Councillor on a matter or in a circumstance that is

prescribed to be exempt by the Local Government (Governance and Integrity)

Regulations 2020. Regulation 7(1) prescribes the following are exempt matters:



the nomination or appointment by the Council of a Councillor to a position for

which the Councillor will not be remunerated;



the nomination or appointment by the Council of a Councillor to a position in the

Municipal Association of Victoria or in another body that has the purpose of

representing the interests of Councils.

Moved Cr Jae Papalia/Seconded Cr Sam David

That Council:

a. Appoints until Council resolves otherwise:

i. Councillor Jae Papalia as Councillor delegate, and Councillor

Virginia Tachos as proxy, to the LeadWest Joint Delegated

Committee.

ii. Councillors Sam David and Bruce Lancashire as representatives,

and Councillors Maria Kerr and Ranka Rasic as substitute to the

Audit and Risk Committee.

iii. Councillor Thuy Dang as Chair, and Councillors Victoria Borg and

Jasmine Nguyen as representatives, to the Brimbank Arts

Advisory Committee.

iv. Councillor Victoria Borg as co-Chair, and Councillors Maria Kerr

and Thomas O’Reilly as representatives, to the Brimbank

Disability Advisory Committee.

v. Councillor Thomas O’Reilly as co-Chair, and Councillor Jasmine

Nguyen as representative, to the Brimbank Youth Council.

vi. Councillor Sam David as Chair, to the Brooklyn Industrial Precinct

Strategy Committee.

Resolution

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vii. Councillors Ranka Rasic, Thuy Dang, Sam David, Jae Papalia and

Bruce Lancashire as representatives, to the Chief Executive

Officer Employment Matters Committee.

viii. Councillor Bruce Lancashire as Chair, to the Heritage Advisory

Committee.

ix. Councillor Thomas O’Reilly as Chair, and Councillor Victoria Borg

as representative, to the Social Justice Coalition – Strategic

Implementation Group.

x. Councillor Sam David as representative, to the Sunshine Town

Centre Partnership Group.

xi. Councillor Ranka Rasic and Councillor Bruce Lancashire to the

Sydenham Park Consultative Committee.

xii. Councillor Thomas O’Reilly as delegate and Councillor Victoria

Borg as substitute to the Brimbank Community Fund Advisory

Committee.

xiii. Councillor Thomas O’Reilly, Councillor Sam David and Councillor

Jasmine Nguyen as delegates to the Brooklyn Community

Representative Group.

xiv. Councillor Ranka Rasic as delegate, and Councillor Bruce

Lancashire as substitute, to the Calder Highway Improvement

Committee.

xv. Councillor Virginia Tachos as representative to the Local

Government Working Group on Gambling.

xvi. Councillor Bruce Lancashire as delegate to the Melbourne

Regional Landfill Community Reference Group.

xvii. Councillor Bruce Lancashire as delegate to the Metropolitan

Transport Forum.

xviii. Councillor Ranka Rasic as delegate, and Councillor Jae Papalia as

substitute delegate to the Municipal Association of Victoria

(MAV).

xix. Councillor Virginia Tachos as delegate to the Western Melbourne

Tourism Committee.

b. Notes that in accordance with their respective Terms of Reference,

Council appointed Councillor representatives to the following Committees

for a two year term in February 2023:

i. Brimbank Aboriginal and Torres Strait Islander Reconciliation

Action Plan Consultative Committee;

ii. Safety and Wellbeing Partnership; and

iii. St Albans Town Centre Partnership Group.

CARRIED

Brimbank Council Meeting No. 629 20 February 2024

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12.8

Local Government Reforms 2024 Consultation Paper

12.8

Local Government Reforms 2024 Consultation Paper

Directorate

People, Partnerships and Performance

Director

Georgie Hill

Manager

Danny Bilaver

Attachment(s)

1. Brimbank Council Submission on Local Government

Reform 2024 Consultation Paper [

12.8.1

- 4 pages]

2. Local Government Reforms 2024 Consultation Paper

[

12.8.2

- 15 pages]

Purpose

For Council to consider and endorse its feedback submission

(Attachment 1)

on the

Local Government Reforms 2024 Consultation Paper

(Attachment 2)

prepared by Local

Government Victoria.

Officer Recommendation

That Council endorses its feedback submission (Attachment 1) on the Local Government

Reforms 2024 Consultation Paper (Attachment 2) and submits it to Local Government

Victoria.

Background

On November 17, 2023, the Victorian Government announced plans for legislative

reforms in 2024 to enhance governance and integrity in the local government sector

before the 2024 council general elections.

Following the enactment of the

(Act), Victorian Councils

have undergone significant reform, with a high compliance rate reported in adopting

required policies. Continued sector engagement is crucial for embedding the new

principles-based Act and promoting ongoing improvement.

Efforts for continuous improvement involve addressing governance issues highlighted by

integrity body reports and government initiatives.

Since October 2020, the Minister for Local Government has appointed Municipal Monitors

to ten Councils, with the dismissal of Moira Shire council in 2023 following a Commission

of Inquiry. Strathbogie Shire Council was suspended in December 2023. Most recently

Municipal Monitors were appointed to Moonee Valley City Council for a period of 6

months.

Moreover, interventions by bodies like the Independent Broad-based Anti-Corruption

Commission (IBAC), the Local Government Inspectorate (LGI), and government projects

such as the Local Government Culture Project underscore governance challenges and

suggest opportunities for enhancing leadership, capability, and conduct within Councils.

These issues, if not tackled, risk eroding public trust, hampering decision-making, and

obstructing essential service delivery to local communities.

Matters for Consideration

Analysis

The Consultation Paper provides an overview of the reforms, which is presented in three

key areas:

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Part 1:

Reforms to Strengthen Council Leadership, Capability, and Councillor Conduct:



Proposes mandatory ongoing training for councillors and mayors to enhance their

understanding and leadership capabilities.



Suggests a uniform Model Councillor Code of Conduct, replacing individual council

codes, to ensure consistent standards of behaviour.

Part 2:

Early Intervention and Dispute Resolution:



Proposes limiting VCAT's jurisdiction concerning councillor conduct panel decisions

to streamline dispute resolution.



Recommends councils not indemnify councillors for legal costs related to internal

arbitration and councillor conduct panel processes.



Expands the scope of sanctions that may be imposed by an arbiter on a finding of

misconduct.

Part 3:

Oversight Mechanisms:



Proposes empowering the Minister to suspend or disqualify councillors based on

advice based on serious misconduct findings.



Clarifies the application of privileges and statutory secrecy to Municipal Monitors

and Commissions of Inquiry.



Proposes giving the Chief Municipal Inspector the power to issue infringements

for certain electoral and personal interests related offences.

Implementation

Following this initial invitation to provide feedback, Local Government Victoria will

undertake a separate consultation process with the local government sector to inform

the development of regulations that will give effect to reforms outlined in this

Consultation Paper. Local Government Victoria will release details on this consultation

process to the sector, including instructions on how the sector can participate, in due

course.

Community Engagement

Local Government Victoria invites feedback and comments from Councils and peak

bodies on the proposed reforms by 29 February 2024.

To facilitate this, the Municipal Association of Victoria (MAV), the Victorian Local

Governance Association (VLGA) and the Local Government Professionals Inc (LGPro) will

actively seek feedback and comments and submit this to Local Government Victoria by

the closing date.

Individual, sensitive, and confidential submissions can be sent directly to LGV.

Resource And Risk Implications

Resource requirements can be met within the Annual Budget 2023/2024.

Regulatory:

legal, legislative or regulatory implications including the rights/obligations

of stakeholders

• The Local Government Reforms 2024 Consultation Paper marks the outset of legislative

reforms aimed at bolstering governance and integrity within the local government sector.

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

Brimbank Council Meeting No. 629 20 February 2024

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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.

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

conflicts of interests to declare.

Moved Cr Jae Papalia/Seconded Cr Maria Kerr

That Council endorses its feedback submission (Attachment 1) on the Local

Government Reforms 2024 Consultation Paper (Attachment 2) and submits it to

Local Government Victoria.

CARRIED

Resolution

Brimbank Council Meeting No. 629 20 February 2024

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12.9

Council Plan Year 3 Quarter 2 - Progress Report

12.9

Council Plan Year 3 Quarter 2 - Progress Report

Directorate

People, Partnerships and Performance

Director

Georgie Hill

Manager

Rachel Deans

Attachment(s)

1. Draft Council Plan Action Plan Y3Q2 Report (Oct- Dec

2023) [

12.9.1

- 39 pages]

Purpose

For Council to note the status of progress towards implementing the Council Plan Action Plan

Year 3 as presented in the attached Quarter Two Progress Report for October – December

2023.

Officer Recommendation

That Council notes the status of progress towards implementing the Council Plan

Action Plan Year 3 as presented in Attachment 1, Quarter Two Progress Report for

October – December 2023.

Background

Adopted in October 2021, ‘Together we are Brimbank’ integrates Council’s Community Vision,

Council Plan (2021-2025) and Municipal Health and Wellbeing Plan.

Implementation of ‘Together we are Brimbank’ is monitored and evaluated through

quarterly reporting of Council Plan actions identified in the Council Plan Annual Action

Plan. End of financial year achievements are published in the Brimbank Annual Report.

Both of these reporting mechanisms are requirements of the Local Government Act

2020.

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Matters for Consideration

Analysis

The following chart summarises Council’s progress towards delivering the Council Plan

Action Plan for Year 3 Quarter Two between October and December 2023.

At the mid-point, the following actions have been completed:

•

Adopt and implement the updated Sports Facility Development Plan.

•

Update Council's Lifelong Learning Baseline Measures to monitor outcomes and

support advocacy.

•

Work towards developing a technology innovation space at Deer Park library.

The following action is yet to commence:

•

Investigate and deliver a training program for volunteers to improve digital

skills and enhance wellbeing for older adults – to commence quarter 3.

Community Engagement

The ‘Together we are Brimbank’ Council Plan Annual Action Plan Quarterly Report has

been developed for community. The report includes detailed information about the

progress of Council’s 109 actions and service highlights aligned to each of the Council

Plan Strategic Directions.

Links to quarterly action plan progress reports are made available to the public via the

Council Plan webpage on the Brimbank City Council website.

https://www.brimbank.vic.gov.au/about-council/how-we-work/annual-budget

Resource And Risk Implications

Resource requirements can be met within the Annual Budget 2023/2024.

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

identified.

Completed , 3

In progress ,

105

Not yet

commenced , 1

Brimbank Council Meeting No. 629 20 February 2024

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Legislation/Council Plan/Policy Context

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

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

.

This report complies with The Local Government Act 2020.

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

conflicts of interests to declare.

Moved Cr Jasmine Nguyen/Seconded Cr Maria Kerr

That Council notes the status of progress towards implementing the Council Plan

Action Plan Year 3 as presented in Attachment 1, Quarter Two Progress Report for

October – December 2023.

CARRIED

Resolution

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12.10

Contract No. 21/2925 - Provision Of Human Resource Information Systems - Extension Of Contract

12.10

Contract Extension HRIS Category 1 & 3 Frontier/Pulse

Directorate

People, Partnerships and Performance

Director

Georgie Hill

Manager

Mark Brady

Attachment(s)

1. CONFIDENTIAL - Contract Extension Report - Contract No

21 2925 HRIS Contract Feb [

12.10.1

- 9 pages]

Purpose

For Council to consider the extension of Contract 21/2925 – Human Resource

Information Systems (Contract), for a two-year period from the initial three-year period.

Officer Recommendation

That Council approves extension of Contract No. 21/2925 - Provision of Human Resource

Information Systems, with Frontier (Payroll) and Pulse (HRIS) for a two-year period to

28 February 2026, based on an agreed schedule of rates.

Background

In early 2021 the then CEO provided direction under delegation to Award the three-year

HRIS contract to Frontier Software Chris 21 (Payroll) and Pulse Software (Recruitment,

Onboarding, Learning and Performance).

Pulse and Chris21 were procured to support Brimbank City Council’s delivery of high

quality HRIS solutions to support the business capture and utilise data collected in

relation to our employees and remunerate them in an accurate and timely manner.

The initial contract was for a three-year period with an option to extend both contracts

with each provider for a further two years. Pulse and Chris21 were chosen at the time as

they presented the best value of money for rate payers and mitigated risk to Council by

reducing the time, resources and costs.

The engagement of Pulse as a new provider and the continued use of Chris 21 as a

payroll system has allowed Council to integrate segmented HR systems and processes,

both electronic and paper-based, into one system. It has also enhanced integration with

other non-HR systems in the business that required accurate and up-to-date employee

information.

Chris21 currently integrates with seven business systems providing those systems with

‘live’ employee information.

This report is presented to Council to consider extending the Frontier Software and Pulse

Software Contract for a further two-year period to 28 February 2026.

Matters for Consideration

Analysis

The current Human Resources Information Systems are;

1. Payroll System (Chris21, Frontier Software); and

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2. General HRIS system for Recruitment, Onboarding/Off Boarding, Learning and

Development and Performance (Pulse, Pulse Software).

The current service providers have provided a satisfactory level of service during the

initial term of the Contract. There have been no contractual issues with the current

service providers.

Council Officers have determined that Frontier and Pulse continue to have the capacity,

experience, skilled and qualified resources to successfully provide the services as

required under this Contract.

Refer to

Confidential Attachment 1

to this report for further details.

Implementation

Subject to Council approval, the Contract extension will be implemented for an additional

two-year period from 1 March 2024 to 28 February 2026.

Community Engagement

Consultation was undertaken with the relevant Council departments to ensure the

Contract services align with, and best support, benchmark practices and meet Council’s

requirements.

Resource And Risk Implications

The funding requirements for the extension period 1 July 2024 to 30 June 2025 have

been referred to the 2024/2025 annual budget process for consideration.

Resources required for future financial years will be referred to the Annual Budget

process for consideration.

Expenditure for these services is approximately $518,350 for the two-year period (GST

inclusive). The extension for a further two years will result in the total expenditure

under the contract exceeding the CEO delegation, requiring Council approval.

Community: potential impact on community, including public trust and customer service

impact

• No – Internal Services Systems.

Environmental: Impacts on environmental sustainability, including water/waste

management, climate change, and contaminated land

• No - Internal information System.

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.

There are no Regulatory or Safety risks identified.

Legislation/Council Plan/Policy Context

This report supports the Council Plan 2021-2025 and the organisational strategic

direction and objective of:



High Performing and Accountable



Be financially sustainable



Support innovation and continuous improvement

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

Enable digital access



Consider future needs



Demonstrate transparency



Employ a highly skilled and diverse workforce



Report on performance

This report complies with Council’s Procurement Policy and the

(the Act).

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

conflicts of interest to declare.

Moved Cr Jae Papalia/Seconded Cr Sam David

That Council approves extension of Contract No. 21/2925 - Provision of Human

Resource Information Systems, with Frontier (Payroll) and Pulse (HRIS) for a

two-year period to 28 February 2026, based on an agreed schedule of rates.

CARRIED

Resolution

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12.11

Draft Community Services And Infrastructure Planning Policy

12.11

Draft Community Services and Infrastructure Planning

Policy

Directorate

Community Wellbeing

Director

Lynley Dumble

Manager

Ashley Fleming

Attachment(s)

1. Draft Community Services and Infrastructure Planning

Policy [

12.11.1

- 9 pages]

Purpose

For Council to consider endorsing the draft Community Services and Infrastructure

Planning Policy (draft Policy) at

Attachment 1

for a minimum four-week community

consultation.

Officer Recommendation

That Council:

a. Endorses the draft Community Services and Infrastructure Planning Policy, at

Attachment 1 to this report, for a minimum four-week community consultation

and invites written submissions.

b. Receives a further report detailing any submissions received on the draft

Community Services and Infrastructure Planning Policy and presenting a final

draft Community Services and Infrastructure Planning Policy for consideration.

Background

Council has two adopted Plans with aligned objectives that guides its approach and

investment into community infrastructure, these are the Community Services and

Infrastructure Plan (CSIP) and Sports Facility Development Plan.

Council adopted the Community Services and Infrastructure Planning Policy 2018 (CSIP

Policy 2018) at the 16 October 2018 Ordinary Council Meeting. The CSIP Policy 2018 set

out the framework for the CSIP including the Purpose, Scope, Policy Principles and

Specific Requirements related to the CSIP. The guiding principles and commitments

within the Policy provided the strategic context and informed the CSIP 2018-2038, which

was adopted by Council on 20 November 2018.

The CSIP



Explains Council’s evidence-based approach to community services and

infrastructure planning and delivery.



Describes Council’s role in planning, developing and maintaining community

infrastructure.



Provides an overview of existing community infrastructure, and what service

facilities will be required, by planning district, over the short, medium and long

term.



Guides decision-making on future community infrastructure projects, funding

requirements, advocacy efforts and partnership opportunities.

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Matters for Consideration

Analysis

An extensive review of the CSIP Policy 2018 and its guidelines has been undertaken

leading to a number of key changes in the draft Policy including:



An update of the Purpose of the draft Policy including reference to considering

Council’s Asset Management Principles and aligning with Council’s Long Term

Financial and Capital Works Plans.



Changes to the draft Policy scope; Creative, Learning and Development

Facilities has been added, this refers to facilities such as Guides and Scout

Halls, Men’s Sheds, Bicycle Education Centre, Housing of local heritage and

historical artefacts, Cultural/ Support facilities, Community Gardens, Makers

Spaces and Recording Studios. In additional clear identification of what is not

covered by the Policy has been included.



Enhanced definitions around what is considered Community Infrastructure and

Community Services.



A review and update of the Policy Principles that set the framework for the

update of the CSIP 2018. These have been updated to be:

Prioritising Community

Active community engagement and consultation to ensure robust responsiveness of

services and to address barriers of access and inequity. The principle embraces a

commitment to inclusive decision-making, aiming to cultivate community leadership. It

also seeks to revitalise existing infrastructure to reach and connect with marginalised

cohorts.

Building Community resilience

Investing in adaptable and safe services and facilities, anticipating and mitigating future

challenges through innovative design and service approaches, and ensuring that diverse

community needs are met by responsive and flexible facilities and services.

Fostering Social Justice

Providing inclusive opportunities, promoting equality, and ensuring the equitable

distribution of resources to address diverse needs of our community. This commitment

prioritises an intersectional approach in planning community services and infrastructure

to ensure equity, access, and opportunity across gender, disability, diversity, socio

economic status, and demographics. This principle will create affordable, accessible

services and infrastructure to allow the community to benefit and thrive.

Striving for Sustainability

Maximising the efficiency by developing community infrastructure, that is integrated and

flexible to meet multiple service needs and is financially and environmentally

sustainable. Advocating and creating innovative partnerships, dynamic planning where

decision making is guided by a solid evidence base and responsive to community need.

Fit for Purpose

Council commits to supporting, advocating and delivering quality services, through well

designed and maintained Community Infrastructure. Council will seek opportunities to

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repurpose, rationalise and expand existing infrastructure to accommodate changing

community needs.

The above updated CSIP Policy Principles align with Council’s focus on Social Justice and

equity for all.

Community Engagement

Following Council's endorsement of the draft Policy for community consultation, the draft

Policy will be posted on Council’s website for a period of four weeks. The community will

have the opportunity to provide feedback and comment on the draft Policy. Following the

community consultation period, a report will be provided outlining the feedback received

and any changes made to the draft Policy in response to Community feedback.

A final draft Policy will be presented to Council for consideration and adoption in mid

2024.

Resource And Risk Implications

Resource requirements can be met within the Annual Budget 2023/2024.

Community:

potential impact on community, including public trust and customer

service impact

• The draft Policy, once adopted will set the framework for the update of the CSIP 2018

which will provide Council with an updated Plan to meet community infrastructure needs.

There are no Environmental, Financial, Regulatory or Safety implications relating to this

report.

Legislation/Council Plan/Policy Context

This policy supports and aligns with the Community Vision, Council Plan 2021-2025

through the following objectives:

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

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.

Aligns and contributes to following Council Strategies and Policies:



Social Justice - Social Justice Principles relating to Access, Equity and

Participation.



Fairness, Equality and Respect Strategy

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

conflicts of interests to declare.

Brimbank Council Meeting No. 629 20 February 2024

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Moved Cr Virginia Tachos/Seconded Cr Jasmine Nguyen

That Council:

a. Endorses the draft Community Services and Infrastructure Planning

Policy, at Attachment 1 to this report, for a minimum four-week

community consultation and invites written submissions.

b. Receives a further report detailing any submissions received on the draft

Community Services and Infrastructure Planning Policy and presenting a

final draft Community Services and Infrastructure Planning Policy for

consideration.

CARRIED

Resolution

Brimbank Council Meeting No. 629 20 February 2024

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12.12

Contract No. 21/3049PA – 2306/0843 Library Collections Furniture Equipment And Associated Requirements

12.12

Contract No. 21/3049PA – 2306/0843 Library

Collections Furniture Equipment and Associated

Requirements

Directorate

Community Wellbeing

Director

Lynley Dumble

Manager

Rose Bruhn

Attachment(s)

1. CONFIDENTIAL - Contract Extension Report (213049PA

23060843) [

12.12.1

- 4 pages]

Purpose

For Council to consider the extension of a schedule of rates contract with Procurement

Australia, Contract No. 21/3049PA – 2306/0843 Library Collections Furniture Equipment

and Associated Requirements.

Officer Recommendation

That Council authorises the final year (year four) of Contract 21/3049PA – 2306/0843

Library Collections, Furniture, Equipment, and Associated Requirements, from 1 July

2024 to 30 June 2025, based on an agreed structure of rates.

Background

At the Ordinary Council Meeting on 18 May 2021, Council awarded Procurement Australia

Contract 2306/0843 (Contract) as an up-to-four-year schedule of rates contract for the

supply and delivery of library collections, furniture, equipment and associated

requirements. The Contract committed Council for an initial two-year period, from July

2021 to June 2023, with the option to extend for a further two, one-year periods at

Council discretion. The initial two-year contact ended 30 June 2023, with the first of the

one year optional extensions endorsed by Council on 21 March 2023 for the 2023/24

financial year.

The Contract is a panel contract administered by Procurement Australia. It provides a

panel of 57 specialist library suppliers who have the expertise and capability to provide

library books and other materials and maintain quality services. Brimbank is one of 52

local governments that entered the Procurement Australia tender contract.

The Contract is used primarily for the purchase of library books and other library

collections; however, specialist suppliers provide various library goods and services,

including the supply and delivery of furniture, equipment and other associated

requirements.

Expenditure under this contract forms part of the capital works program and operating

budget that is considered by Council as part of its annual budget process.

Matters for Consideration

Analysis

The Contract provides a panel of 57 specialist library suppliers who have the expertise

and capability to provide library books and other materials, maintain quality services,

and adapt to changes in service requirements throughout the period of the Contract.

Brimbank Council Meeting No. 629 20 February 2024

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The schedule of rates within this Contract, were market tested as part of the original

tender process.

The suppliers contracted to Procurement Australia to provide the services under the

Contract have extensive knowledge of Council’s library requirements. They have carried

out the service to a high standard during the contract period, providing best value for

services and resources.

Random audits have been conducted to ensure compliance with contractual

responsibilities. There have been no contractual issues with the current provider.

Based on this, and the information contained at

Confidential Attachment 1

, it is

recommended that Council extends the Contract, for the second optional one-year period

from July1 2024 to 30 June 2025, at the agreed schedule of rates.

Implementation

Subject to Council approval, the Contract extension will be implemented for an additional

one-year period from 1 July 2024 to 30 June 2025.

Community Engagement

Consultation in relation to the Contract was undertaken with relevant Council officers to

ensure library collections and associated requirements meet community needs and

expectations.

Resource And Risk Implications

The resources required for this Contract have been referred to the annual budget

process for consideration. Refer to

Confidential Attachment 1

for financial details.

Community:

potential impact on community, including public trust and customer

service impact

• Yes - There is a possibility for reputational damage should Council Libraries not have

the full range of suppliers and resources that Procurement Australia provides, which

would have an impact on the Brimbank community’s lifelong learning opportunities.

Environmental:

impacts on environmental sustainability, including water/waste

management, climate change, and contaminated land

• Yes - Library collections are a shared community resource that reduce the need for

individuals to purchase and dispose of newspapers, books and magazines etc. therefore

reducing waste.

Financial:

significant financial impacts

• Yes - Budget expenditure is from Council funding subject to Council approval. Refer to

Confidential Attachment 1

for financial impacts. Council procuring the requirements

individually of the Procurement Australia contract would be more expensive and not in

line with best practice.

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:

Brimbank Council Meeting No. 629 20 February 2024

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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

• 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

• 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

(the Act).

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

conflicts of interests to declare.

Moved Cr Jasmine Nguyen/Seconded Cr Maria Kerr

That Council authorises the final year (year four) of Contract 21/3049PA –

2306/0843 Library Collections, Furniture, Equipment, and Associated

Requirements, from 1 July 2024 to 30 June 2025, based on an agreed structure

of rates.

CARRIED

Resolution

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14 Notices Of Rescission

Nil.

15 Urgent Business

Nil.

16 Confidential Business

Moved Cr Jae Papalia/Seconded Cr Sam David

That in accordance with sections 3(1) and 66(2)(a) of the

, the meeting be closed to members of the public for the remaining of

the meeting for consideration of item 16 which is classified as confidential

information in accordance with section 3(1)(f) of the

and is the last item for consideration at the meeting.

CARRIED

17 Meeting Closure

The Mayor thanked all in attendance and closed the meeting at 9.35pm

.

Confirmed at the meeting of Council held on ………………..…

…………………………….

Cr Ranka Rasic

Resolution