Council

Meeting

Minutes

Meeting No. 634

18 June 2024

Commenced at 7.00pm

Council Chamber

301 Hampshire Road, Sunshine,

Victoria

Fiona Blair

Chief Executive Officer

21 June 2024

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Council

Cr Ranka Rasic

Mayor

Cr Jae Papalia

Deputy Mayor (Apology)

Cr Victoria Borg

Cr Sarah Branton

Cr Thuy Dang

Cr Sam David

Cr Maria Kerr

(Apology)

Cr Bruce Lancashire

Cr Jasmine Nguyen

Cr Thomas O’Reilly

Cr Virginia Tachos

(Leave of Absence)

Municipal Monitors

Ms Janet Dore

Municipal Monitor

Ms Penelope Holloway Municipal Monitor

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

Governance Team

Mr Danny Bilaver

Manager Governance and Risk

Mr Tony Vo

Coordinator Council Business

Ms Natalie Horvatic

Council Business Officer

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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

8 Congratulations ............................................................................................7

9 Items to be Tabled........................................................................................7

10 Public Question Time ....................................................................................7

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

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

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

13.1 Final Drafts Council Plan Action Plan 2024-2025, Financial Plan 2024-

2034 And Annual Budget 2024-2025.................................................13

13.2 Governance Report June 2024 ..........................................................20

13.3 Governance Policies Review..............................................................26

13.4 Quarterly Advocacy Report June 2024 ..............................................31

13.5 Planning Activity Update And Delegate Decisions And Planning

Scheme Amendments Update - May 2024 .........................................39

13.6 Brimbank Planning Scheme Amendment C239brim Housing And

Neighbourhood Character Strategy ...................................................42

13.8 Submission To Developing A Plan For Victoria...................................53

13.9 Final Draft Brimbank City Council Innovate Reconciliation Action Plan

2024-2026 ........................................................................................57

13.10 Final Draft Sports Facility Hire, Licences And Leases Agreement Policy

2024 .................................................................................................61

13.11 Contract No. 24/3495 - Provision Of Kerbside Recyclables Processing

.........................................................................................................65

13.12 Contract No 19/2503 - Provision Of Pound And Animal Collection

Services - Extension Of Contract .......................................................68

13.13 Response To Preliminary Views Of Governance Issues At Brimbank

City Council .......................................................................................71

14 Notices Of Motion .......................................................................................73

15 Notices Of Rescission..................................................................................73

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16 Urgent Business..........................................................................................73

17 Confidential Business..................................................................................73

18 Meeting Closure ..........................................................................................74

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1 Opening (Including Acknowledgement Of Country)

The Mayor, Cr Ranka Rasic, opened the meeting at 7.00pm 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 that Cr Jae Papalia and Cr Maria Kerr submitted apologies for this

meeting and Cr Virginia Tachos is on a leave of absence.

Cr Ranka Rasic has requested a leave of absence from 9 July 2024 to 16 August 2024

and Cr Bruce Lancashire has requested a leave of absence from 3 August 2024 to

1 September 2024.

Motion

That Council approves the request for a leave of absence for:

a. Cr Ranka Rasic for the period from 9 July 2024 to 16 August 2024.

b. Cr Bruce Lancashire for the period from 3 August 2024 to 1 September 2024.

Resolution

That Council approves the request for a leave of absence for:

a. Cr Ranka Rasic for the period from 9 July 2024 to 16 August 2024.

b. Cr Bruce Lancashire for the period from 3 August 2024 to 1 September

2024.

CARRIED

4 Disclosure Of Conflicts Of Interest

Cr Thomas O'Reilly indicated they would raise a conflict of interest in relation to Item

13.7.

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5 Designation Of Items As Confidential

Motion

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

:



Confidential Attachment 1 to report 13.11 Contract No. 24/3495 - Provision of

Kerbside Recyclables Processing



Confidential Attachment 1 to report 13.12 Contract No 19/2503 - Provision of

Pound and Animal Collection Services - Extension of Contract; and



Confidential Attachment 2 to report 13.12 Contract No 19/2503 - Provision of

Pound and Animal Collection Services - Extension of Contract

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

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

expose the business, commercial or financial undertaking to disadvantage (s 3(1)(g) of

the

); and



Confidential Report 17.1 Confidential Item

as it relates to Information prescribed by the regulations to be confidential information

for the purposes of this definition (s 3(1)(k) of the

).

Resolution

Moved Cr Sam David/Seconded Cr Victoria Borg

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

:



Confidential Attachment 1 to report 13.11 Contract No. 24/3495 -

Provision of Kerbside Recyclables Processing



Confidential Attachment 1 to report 13.12 Contract No 19/2503 -

Provision of Pound and Animal Collection Services - Extension of

Contract; and



Confidential Attachment 2 to report 13.12 Contract No 19/2503 -

Provision of Pound and Animal Collection Services - Extension of

Contract

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

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

unreasonably expose the business, commercial or financial undertaking to

disadvantage (s 3(1)(g) of the

); and



Confidential Report 17.1 Confidential Item

as it relates to Information prescribed by the regulations to be confidential

information for the purposes of this definition (s 3(1)(k) of the

).

CARRIED

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6 Confirmation Of Minutes Of Previous Council Meetings

Motion

That Council confirms the Minutes of Council Meeting No. 633, held on 21 May 2024.

Resolution

Moved Cr Jasmine Nguyen/Seconded Cr Sam David

That Council confirms the Minutes of Council Meeting No. 633, held on 21 May

2024.

CARRIED

7 Condolences

Nil.

8 Congratulations

Motion

That Council congratulates Cr Jae Papalia and her family on the safe arrival of her son.

Resolution

Moved Cr Jasmine Nguyen/Seconded Cr Sam David

That Council congratulates Cr Jae Papalia and her family on the safe arrival of

her son.

CARRIED

9 Items to be Tabled

The Determination and Statement of Reasons for Decision of the Arbiter in the following

matters are attached in accordance with the requirements in section 147 of the

:



IAP 2024-4 Rasic & Ors and Kerr

(Attachment 1)

; and



IAP 2024-5 Rasic & Ors and Tachos

(Attachment 2)

.

10 Public Question Time

Question

R Carthew

The Draft Sunshine Energy Park Vision Plan has been costed at half a billion dollars by W

T Partnerships how much of this will be funded by the Brimbank City Council?

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Answer

The Mayor advised that the Sunshine Energy Park Vision Plan presents an ambitious

Vision for the Park; the Visions Plan clearly states that realisation of the plan will rely on

external investment and partnerships. The value of these projects and the contribution

from Council cannot be determined at this stage, however the intent is for the Vision to

be realised by investment to from partners and other stakeholders.

Question

R Carthew

The feasibility study and business case for establishing a Solar Farm at Energy Park has

been finalised and been deemed not economically viable. Can this feasible study and

business case be made available to the Residents and Rate Payers of Brimbank?

Answer

The Mayor advised that a business case for a Solar Farm at Sunshine Energy Park has

been prepared. It is not proposed to make it publicly available because it contains

information that is commercial in confidence.

Question

J Isa

Will Council be using the "significant Investment" clause to deter the public from

objecting to the Vietnamese Museum planning application? If so, does that mean local

residents will have no say in its construction and loss of parking to local businesses will

completely be disregarded?

Answer

The Mayor advised that Clause 53.22 of the Brimbank Planning Scheme is a state-wide

provision that relates to “Significant Economic Development”. The Minister for Planning is

the responsible authority for any application for use or development to which clause

53.22 applies, not the Brimbank City Council.

Council understands that the Vietnamese Museum of Australia has applied to the Minister

for Planning for approval of the proposed museum. Should the Minister provide the

opportunity for the public to have a say on the proposal, Council encourages them to do

so.

Question

S Chebib

My questions relate to the Fitzgerald Rd level crossing removal in Sunshine West/Ardeer.

The community would like an update regarding, (1) when will the energisation of public

road lighting occur, the temporary lighting trailers have not been switched on, accident

waiting to happen? (2) when will all the graffiti along the overpass and below be

removed from the area and how will it be monitored to either not occur or be cleaned up

in a timely manner

Answer

The Mayor advised that the matters raised are the responsibility of various organisations

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within State Government, mainly the Level Crossing Removals team.

Council officers have passed on the concerns to the project team but as we are not

responsible we are unable to provide a formal response.

Please keep an eye on the Level Crossing Removal project updates or contact them

directly.

Question

A Qani

Children rights are essential to the wellbeing of a community, however some kids feel

like they have no rights. How is Brimbank Council protecting children's rights?

Answer

The Mayor advised that Brimbank Council is a Child Safe organisation adhering to 11

Child safe standards with a strong emphasis on Standard 3, which focuses on “children

and young people are empowered about their rights, participate in decisions affecting

them and are taken seriously”. Brimbank City Council has a child safety and wellbeing

policy which guides Council’s commitment to safeguarding children’s rights.

Question

A Qani

Mental health is a serious issue impacting children. What is Brimbank Council doing to

support primary school aged children facing mental health challenges?

Answer

The Mayor advised that Brimbank Youth services deliver a number of early intervention

programs with schools in relation to the mental health and general wellbeing of students

including friendship and body image programs as well as aiding schools to identify school

specific supports.

Question

D Havelas

Given the current financial climate what amount of monies is Brimbank City Council

budgeting for 2024/2025 to support Disability communities and Aboriginal communities

in our Brimbank moving forward ?

Answer

The Mayor advised that Brimbank City Council's budget for 2024/2025 involves an

integrated approach to supporting people with disability and Aboriginal communities in

the delivery of services, planning and implementation of projects, programs, or

initiatives across the organisation and in the community. This also includes the effective

delivery and monitoring of the Disability Action Plan 2022-2026 and the Reconciliation

Action Plan 2024 - 2026.

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Question

G Blore

Regarding the arbitration that has just occurred, what is the cost of this to ratepayers,

and was internal mediation sought firstly, and if not why not?

Answer

The Mayor advised that the cost is unknown at this time as the arbiters have yet to

submit their invoices. The most applicable process under the Councillor Code of Conduct

was used in these matters.

Question

S Meilak

Every month, Council announces it has met targets outlined in their various action plans,

yet public opinion opposes the notion that such goals have been achieved. What metric

does Council use to measure that strategic objectives of action plans have been met and

what community engagement (if any) is conducted by Council to determine that such

objectives have indeed been met?

Answer

The Mayor advised that the Annual Community Satisfaction Survey measures community

satisfaction with our performance. Results can be accessed on the Brimbank Council

Website.

The Annual Report includes a report of operations as well as financial statements.

Indicators in this report include community satisfaction together with other metrics that

indicate Councils performance. The Annual Report is also available on Council’s website.

Question

S Meilak

In the attached agenda documents, it is stated that Phase 2 of the community

engagement process included 5 pop-up in person sessions. Can Council please advise

how and where specifically, these sessions were advertised to inform people that they

could come and provide their feedback in person, rather than online?

Answer

The Mayor advised that the Pop-up in person sessions were designed as a casual way of

connecting with people who otherwise would not participate in traditional methods of

community consultation in their local community. Community members were also invited

to contact and provide submissions via the Your Say community engagement platform.

Question

L Meilak

What supports or programs does Council have, that are specifically targeted to disabled

people aged 25-55 and who are not eligible for NDIS funding or do not have a career?

Please list them individually rather than suggest there are several options available.

Answer

The Mayor advised that a range of supports, services and programs are available

including the Home and Community Care Programme for Young People that supports

people to continue living home independently. Our Libraries and Neighbourhood Houses

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also have programs that cater to all abilities, in the interest of time a full list will be

provided within the minutes.

Council is one of a number of service providers in Brimbank that receives funding from

the Victorian Government to deliver Home and Community Care Programme for Young

People that targets people under the age of 65 years who need support to continue to

live independently. Through this program the following services are delivered:

• Delivered meals

• Property maintenance

• Community care

• Assessment

There are a number of other programs and service delivered by Council and in Council

facilities that are accessible to all community members.

Libraries programs cater for all abilities – arts and crafts, computers, games board and

WII or PlayStation, connect and chat. Dependent on peoples interest programs are open

to all in the community.

Specific programs

Deer Park

• Mambourin group – stem, scrap booking, petting zoo, crafting, themed events

such as road safety, computer use

• Sensory hour Saturday morning

Sydenham Library

• Once a month Story Time session (1st week of the month)

• Wednesday for people to use in the library– Busy things/Story box library/Osmo

Kits

• Run a movie that they can all watch in the programs room following fortnight

• Programs, Journalling, Craft/photo frames decoration

• Wildlife shows as requested (twice a year)

The library website has a Suggest a Program page:

https://www.brimbanklibraries.vic.gov.au/index.php/what-s-on/suggest-a-program

Neighbourhood Houses and Community Centres offer a variety of age-appropriate

programs and activities that cater to individuals of all abilities, including arts, physical

activities, and psychosocial support. We have collaborated closely with community

groups and individuals to co-design programs that specifically meet their needs. One

such successful collaboration is 'Dancability,' which has been tailored to provide inclusive

dance classes. For more detailed information about these programs, please visit

https://learning.brimbank.vic.gov.au/

Question

L Meilak

Noting the Draft Action/Financial Plan states $5,317,000 will be allocated to ‘aged and

disability’ programs, can Council advise what percentage of that funding will be allocated

specifically, to supports and programs for disabled people aged 25-55?

Answer

The Mayor advised that people under 65 represent approximately 10% of service clients

for aged and disability service area and approximately 21% of the total budget

allocation.

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11 Petitions

Nil.

12 Minutes/Reports Of Delegated Committees

Nil.

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13 Officer Reports

13.1

Final Drafts Council Plan Action Plan 2024-2025, Financial Plan 2024-2034 And Annual Budget 2024-2025

13.1

Final Drafts Council Plan Action Plan 2024-2025,

Financial Plan 2024-2034 and Annual Budget 2024-2025

Directorate

People, Partnerships and Performance

Corporate Services

Directors

Georgie Hill and Mark Stoermer

Manager

Rachel Deans and Andrew Brae

Attachment(s)

1. Phase Two Community Consultation Report [

13.1.1

- 35

pages]

2. Final Draft Council Plan - Year Four Annual Action Plan

2024-2025 [

13.1.2

- 8 pages]

3. Final Draft Financial Plan 2024-2034 [

13.1.3

- 33 pages]

4. Final Draft Annual Budget 2024-2025 [

13.1.4

- 84

pages]

Purpose

For Council to consider adoption of the Final Draft Council Plan Action Plan Year 4

2024/2025, the Final Draft Financial Plan 2024-2034 and Final Draft Annual Budget

2024/2025.

Officer Recommendation

That Council:

a. Having considered the Phase 2 Community Consultation Report (at

Attachment 1), adopts the Final Draft Council Plan Annual Action Plan

(Year 4) 2024/2025 (at Attachment 2).

b. Having considered the Phase 2 Community Consultation Report (at

Attachment 1), adopts the Final Draft Financial Plan 2024-2034 (at

Attachment 3).

c. Having considered the Phase 2 Community Consultation Report (at

Attachment 1), adopts the Final Draft Annual Budget 2024/2025 (at

Attachment 4) and;

i.

Sets the rate in the dollar (Capital Improved Value (CIV)) for

2024/2025 at:

Class of Land

(CIV)

Residential properties

0.17465

Residential flats/units' properties

0.17465

Commercial/industrial properties

0.36870

Vacant land properties

0.36422

Commercial/industrial vacant land properties

0.59708

Retirement village properties

0.16270

Farm properties

0.14927

Cultural and recreational land properties

0.18435

ii. Sets the Municipal Charge for each rateable property at $84.00

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iii. Sets Service Rates and Charges for 2024/2025 at:

Service Charge Type

Rate ($)

Public Amenities Cleansing Levy

91.75

80 Litre Environmental Charge

231.54

140 Litre Environmental Charge

379.14

240 Litre Environmental Charge

675.83

140 Litre Green Waste Charge

99.26

240 Litre Green Waste Charge

110.97

d. Notes that as part of the budget process additional information has

informed changes to operating income/expenditure and the schedule of

fees and charges. The net effects result in an immaterial change in the

budget position.

e. Authorises the Chief Executive Officer to give public notice of the decision

to adopt the Final Draft Council Plan Action Plan Year 4 2024/2025, Final

Draft Financial Plan 2024-2034 and Final Draft Annual Budget 2024/2025.

f. Writes to submitters thanking them for their submissions on the Final

Draft Council Plan Action Plan Year 4 2024/2025, Final Draft Financial

Plan 2024-2034 and Final Draft Annual Budget 2024/2025.

Background

‘Together We are Brimbank’ is an integrated plan that describes the Council Plan 2021-

2025, Community Vision 2040, and Municipal Public Health and Wellbeing Plan. Adopted

on 19 October 2021, ‘Together We are Brimbank’ sets the four-year strategic direction

for Brimbank City Council, whilst working towards the long-term Community Vision 2040

and the Municipal Public Health and Wellbeing priorities.

The

(

) requires Council to develop a four-year

Council Plan following a municipal general election. To ensure implementation of the

strategic directions outlined in the Council Plan, an Annual Action Plan is developed and

monitored.

Quarterly Council Plan Annual Action Plan reports are presented to Council and annual

achievements are published in the Brimbank City Council Annual Report, in line with

legislative requirements of the

.

Additionally, the

states that a Council must:

• Prepare and adopt a budget for each financial year and the subsequent 3 years

by 30 June each year – Section 94 (1)(a).

• Develop the budget and any revised budget in accordance with the financial

management principles – Section 96 (1)(a).

• Develop the budget and any revised budget in accordance with its community

engagement policy – Section 96 (1)(b).

In respect of the Financial Plan, the

states a Council must:

• Develop, adopt and keep in force a Financial Plan in accordance with its

deliberative engagement practices – Section 91 (1)

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• Develop or review the Financial Plan in accordance with its deliberative

engagement practices and adopt the Financial Plan by 31 October in the year

following a general election – Section 91 (4).

Matters for Consideration

Final Draft Council Plan Annual Action Plan (Year 4) 2024/2025

The final draft Council Plan Annual Action Plan (Year 4) 2024/2025 (

Attachment 2

)

outlines Council’s commitment to 81 actions that contribute towards the implementation

of ‘Together we are Brimbank.’ These actions further progress work towards the Council

Vision, ‘A transformed Brimbank that is beautiful, thriving, healthy and connected.’

No material changes to draft Council Plan actions have been made in response to

community consultation.

Draft Financial Plan 2024-2034

The final draft Financial Plan is linked to Brimbank’s objectives of providing high levels of

appropriate services and a strong capital expenditure program (

Attachment 3

). It is

developed to provide a long-term view of the resources that are expected to be available

to Council and the proposed application of those resources over a 10-year period.

The Financial Plan is designed as a high-level summary document that outlines future

planning of Council’s financial resources. It outlines Council's objective of being

financially sustainable in the short, medium and long-term to deliver on future projects

and address challenges, while upholding strong financial management principles.

It is important to note, however, that Council faces several diverse and complex strategic

financial challenges including:

• Maintaining services and managing growth at a level to meet community

expectations while rates, being Council’s main source of income, are capped in

line with the Victorian Government’s rate capping system

• The risk and liability that Council and the community face if Council does not

invest in asset renewal at an adequate rate

• Continuing to provide an appropriate range of services to an evolving and

changing community

• Climate change and the impact of the climate emergency

• Land contamination in areas of Brimbank and;

• Maintaining a sound financial position in light of these challenges.

The draft Financial Plan includes a 10-year forecast across the following key financial

statements:

• Income statement

• Cash flow statement

• Balance sheet

• Statement of changes of equity

• Capital work statement

• Statement of human resources.

Final Draft Annual Budget 2024/2025

The final draft Annual Budget 2024/2025, at

Attachment 4

, provides for a total

operating expenditure of $263.3 million and a capital works program of nearly $58.7

million. The budget includes a total rate increase of 2.75 per cent across all properties.

Shifting demographics, changes to Government policy, service model reforms, and

ensuring social equity and access in a constrained financial environment, are creating

pressure on the way services and infrastructure are funded and delivered. The

preparation of the draft Annual Budget 2024/2025 has been influenced by the following

external factors:

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Rate Base:

The Victorian State Government introduced a cap on rate increases in

2016/2017. The cap for 2024/25 has been set at 2.75%. This rate cap poses significant

challenges to Council as it is set well below CPI.

State Government:

The landfill levy payable to the State Government upon disposal of

waste into landfill has increased from $6.59 million in FY2023/2024 to $7.61 million in

FY2024/2025 and is included in Council's waste management budget.

The Fire Services Property Levy is a State Government levy, which is collected by Council

on behalf of the State Government. This year the State Government increased the Fire

Services Property Levy by 22%. All this revenue is collected for the State Government.

Legislative Changes:

The Federal Budget delivered in 2021 announced increases in the

Superannuation guarantee percentage for the 2021/22 financial year, moving the rate

from 9.5% to 10.0%, and a further 0.5% increase, each financial year, until the rate

reaches 12.0% in the 2025/26 financial year. These Superannuation guarantee

percentage increases have been factored into the Draft Annual Budget 2024/25, and

outer year figures.

Legislative changes have and will continue to have an impact on operating costs for

many Council services. One example is the impact of traffic management planning

accreditation and provision on Parks Services, which costs an extra $250,000 per annum.

Cost Shifting:

As funding from the Federal and State Governments either lessens or

remains the same, the 'gap' between the true cost of running Council services and the

level of subsidy continues to grow. Grant revenue as a proportion of total revenue is

budgeted to decrease from a position of 10.65% in 2023/2024 to 10.37% in 2024/2025.

Global influences:

The construction industry relies on global supply chains for

materials, equipment, and labour. Capital works costs have grown from 5% to 15% over

baseline (FY2024 to FY2034 budget). This has increased the average annual spending

from $3M (5% uplift) to $8.8M (15%uplift).

Climate Change:

Impact of Climate Emergency is contributing to increased costs for

many Council services. One example is Parks Services, where prolonged spring seasons

result in greater vegetation growth and more frequent and severe storm events increase

maintenance costs.

Borrowing Rates:

The cost of borrowings is forecast to be significantly impacted by

future interest rate movements. The current loan balance as at 30 June 2023 is $88.3m,

where the majority of the balance is locked in at historically low rates of less than 2%.

The projected 10year Treasury Corporation of Victoria Bond Rate is expected to reach

4.55%.

Community Expectations:

Our community are at the heart of our work and drive our

service provision. Over time we have seen an increase in expectations relating to the

use of technology, and access to Council services online. This is having an impact on our

technology infrastructure and systems that are ageing and in need of significant uplift.

2024/2025

Council will invest $263.3 million into operations. Our operational budget funds 76

diverse services ranging from arts and culture and maternal and child health to statutory

planning and urban design.

The operational budget allocates $25.6 million for Waste Services, $13.9 million for

Libraries, Arts and Culture and our Neighbourhood Houses and Community Centres, $6.5

million to deliver Maternal and Child Health services across Brimbank and $15 million

towards our Leisure services (which includes the Brimbank Aquatic and Wellness Centre

and Sunshine Leisure Centre).

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Next year Council will spend an increased amount, $17.6 million, on Parks and Trees

across the municipality in addition to:

• $4.6 million towards Environmental Sustainability and Conservation

• $10.7 million for Road Maintenance and Cleansing Services

• $6.5 million to deliver Maternal and Child Health services

• $3.4 million on Statutory Planning and;

• $2.6 million for Animal Management across Brimbank.

An investment of $58.7 million will be made into the capital works program in 2024/

2025. Highlights include:

• $27.9 million on roads and drainage upgrades

• $5.2 million towards playgrounds, parks and gardens

• $2.1 million for walking and cycling paths to connect our city

• $18.8 million towards improvements to community facilities including sports and

early learning facilities

• $0.9 million for a range of assets including $825,000 for library books

• $3.8 million for cyclical replacement of plant and vehicle fleet.

Changes to the draft Annual Budget:

As part of the budget process, additional information has informed changes to operating

income/expenditure and the schedule of fees and charges. The net effects result in an

immaterial change in the budget position. The budget surplus has increased by $0.037

million to $1.775 million.

Community Engagement

Phase 1

In November and December 2023, the first phase of community engagement was

undertaken to inform the development of the Draft Council Plan Action Plan Year 4

2024/2025, Draft Financial Plan 2024-2034 and Draft Annual Budget 2024/2025.

A Phase One Community Consultation Report was tabled at the Council Meeting 16 April

2024.

Phase 2

The Phase 2 community engagement process was held from 18 April to 16 May 2024.

Council made the above documents available on the Your Say webpage. 55 written

submissions were received.

In-person engagement activities connected with 94 people. This comprised five Pop-up

consultations held at:

• Sunshine Market Place

• Brimbank Shopping Centre in Deer Park

• St Alban’s Square

• Watergardens Shopping Centre

• Keilor Village.

The Phase 2 Community Consultation Report June 2024 is included as

Attachment 1

to

this report.

A petition signed by 380 people, regarding the sporting pavilions at J.R. Parsons Reserve

was presented to the May 2024 Council meeting where it was referred to this

consultation process.

Changes to the capital budget in response:

• The JR Parsons Football and Cricket Pavilion Project has been brought forward to

Year 1 with an allocation of $400K to commence construction in 2024/2025.

Brimbank Council Meeting No. 634 18 June 2024

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Resource And Risk Implications

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

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 to Council. This report and its attachments address the risks associated with

demonstrating Council’s commitment to the principles of sound financial management

by developing a Budget that outlines the future planning of Council's financial

outcomes, particularly in relations to key components such as rate levels, service

levels to the community, major infrastructure asset replacement and renewal, loan

borrowings and cash reserves.

Regulatory:

legal, legislative or regulatory implications including the rights/obligations

of stakeholders

• Yes - In respect of the Annual Budget, the

provides a Council:

o

Must prepare and adopt a budget for each financial year and the

subsequent 3 years by 30 June each year – Section 94(1)(a)

o

Must develop the budget and any revised budget in accordance with the

financial management principles – Section 96 (1)(a)

o

Must develop the budget and any revised budget in accordance with its

community engagement policy – Section 96 (1)(b)

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 strives to enhance services and

liveability for the Brimbank community.

This report complies with Council Plan 2021-2025,

(

),

, Australian

Accounting Standards.

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

conflicts of interests to declare.

Resolution

Moved Cr Bruce Lancashire/Seconded Cr Victoria Borg

That Council:

a. Having considered the Phase 2 Community Consultation Report (at

Attachment 1), adopts the Final Draft Council Plan Annual Action Plan

(Year 4) 2024/2025 (at Attachment 2).

Brimbank Council Meeting No. 634 18 June 2024

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b. Having considered the Phase 2 Community Consultation Report (at

Attachment 1), adopts the Final Draft Financial Plan 2024-2034 (at

Attachment 3).

c. Having considered the Phase 2 Community Consultation Report (at

Attachment 1), adopts the Final Draft Annual Budget 2024/2025 (at

Attachment 4) and;

i. Sets the rate in the dollar (Capital Improved Value (CIV)) for

2024/2025 at:

Class of Land

(CIV)

Residential properties

0.17465

Residential flats/units' properties

0.17465

Commercial/industrial properties

0.36870

Vacant land properties

0.36422

Commercial/industrial vacant land properties

0.59708

Retirement village properties

0.16270

Farm properties

0.14927

Cultural and recreational land properties

0.18435

ii. Sets the Municipal Charge for each rateable property at $84.00

iii. Sets Service Rates and Charges for 2024/2025 at:

Service Charge Type

Rate ($)

Public Amenities Cleansing Levy

91.75

80 Litre Environmental Charge

231.54

140 Litre Environmental Charge

379.14

240 Litre Environmental Charge

675.83

140 Litre Green Waste Charge

99.26

240 Litre Green Waste Charge

110.97

d. Notes that as part of the budget process additional information has

informed changes to operating income/expenditure and the schedule of

fees and charges. The net effects result in an immaterial change in the

budget position.

e. Authorises the Chief Executive Officer to give public notice of the

decision to adopt the Final Draft Council Plan Action Plan Year 4

2024/2025, Final Draft Financial Plan 2024-2034 and Final Draft Annual

Budget 2024/2025.

f. Writes to submitters thanking them for their submissions on the Final

Draft Council Plan Action Plan Year 4 2024/2025, Final Draft Financial

Plan 2024-2034 and Final Draft Annual Budget 2024/2025.

CARRIED

Brimbank Council Meeting No. 634 18 June 2024

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13.2

Governance Report June 2024

13.2

Governance Report June 2024

Directorate

People, Partnerships and Performance

Director

Georgie Hill

Manager

Danny Bilaver

Attachment(s)

1. Record of Informal Meeting of Councillors [

13.2.1

- 8

pages]

2. Delegates and Representatives Report [

13.2.2

- 2

pages]

3. Submission to the Inquiry into Local Government Funding

and Service Delivery in Victoria [

13.2.3

- 44 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.



A proposal to amend the 2024 Council Meeting schedule.



A submission to the Inquiry into Local Government Funding and Service Delivery

in Victoria.

Council Recommendation

That Council:

a. Notes the:

i. Governance Report June 2024.

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

with S7 Instrument of Sub Delegation (24/3453AQ; 24/3466;

24/3473Q; 24/3476; 24/3485; 24/3501).

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. Adopts the amendments to the meeting schedule for the months of

September 2024 and November 2024, shown at Table 1 in this report,

and authorises the Chief Executive Officer to further amend the meeting

schedule for September, October and November 2024 should special

circumstances arise.

c. Endorses the submission to the Inquiry into Local Government Funding

and Service Delivery in Victoria at Attachment 3 to this report.

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

Brimbank Council Meeting No. 634 18 June 2024

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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 $2,000,000 (exclusive of GST) through an Instrument of Delegation made on 23

April 2024 (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

24/3453AQ Brimbank Sediment

Basin Clean Out

Naturform Pty

Ltd

$141,583 16/5/2024

24/3466 Design Supply and

Installation of a

Modular Change Room

Keilor Park Oval 2

K L Modular Pty

Ltd

$917,730 14/5/2024

24/3473Q Supply and Installation

of Feature Lighting

Princess Lane St Albans

High Access

Cabling Pty Ltd

$172,062 23/5/2024

24/3476 Asphalt Resurfacing at

various Roads

Asphaltech Pty

Ltd

$476,238 22/5/2024

24/3485 Robertson’s Homestead

Restoration Works

Stokes Rousseau $762,100 22/5/2024

24/3501 Selwyn Reserve Cricket

Nets Construction

RMS

Groundworks Pty

Ltd

$391,482 28/5/2024

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

Brimbank Council Meeting No. 634 18 June 2024

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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

20 May 2024

Safety and Wellbeing Partnership

28 May 2024

Briefing

29 May 2024

Disability Advisory Committee

14 June 2024

Council Meeting Briefing

Delegate’s and Representative’s Reports

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

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

representative role Council plays. Council nominates Councillors as delegates and

representatives to these committees annually.

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

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

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

committees.

Delegate’s and Representative’s Reports

(Attachment 2)

were received for the

following meetings:

Date

Event

Councillor/s

20 May 2024

Safety and Wellbeing Partnership Cr Kerr

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

24 May 2024 Cr Borg

Hon Dr Daniel Mulino MP Mental health

Vietnamese Museum

Airport Rail Link

Global challenges

31 May 2024 Cr Rasic

Trung Luu MP

Calder Freeway

Melbourne Airport Rails /

Sunshine Precinct

Mental Health

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Greening the West

Better Buses for

Melbourne’s West

Homelessness

Roads

JR Patterson Reserve

Amendments to the 2024 Council Meeting Schedule

Since the adoption of the 2024 Meeting scheduled in September 2023, amendments

have been proposed to the Local Government (Electoral) Regulations 2020. The

amendments have arisen due to the Victorian Electoral Commission advising that the

current election timelines are no longer viable as there has been an increase in the scale

and complexity of local government elections, including changes to enrolment

entitlements, population growth, higher number of wards, likely increase in the number

of candidates, and reduction in mail services offered by Australia Post.

To accommodate the Victorian Electoral Commission’s advice, Local Government Victoria

has proposed that the Candidate Nomination Period will now commence Monday 9

September and close 12.00pm Tuesday 17 September. Council’s election (caretaker)

period will now commence 12pm Tuesday 17 September, requiring amendments to

Councils’ meeting schedule for the month of September to avoid Council having two

Council Meetings during the election period.

Giving the changing dynamics of the election period and the potential need to review

Council’s post-election meeting structure (due to potential for late declaration of the

election) it is also recommended that the Chief Executive Officer be authorised the ability

to amend the September, October and November 2024 meeting schedule to cover for

these special circumstances.

The September 2024 Council Meeting is recommended to be rescheduled from

17 September 2024 to 10 September 2024.

The Swearing in Ceremony for Councillors will be held Wednesday, 6 November 2024.

The Council Meeting to elect the Mayor and Deputy Mayor for 2024/25 will be held

Tuesday, 19 November 2024.

Council will resume its meeting cycle in December 2024 as previously adopted in 2023.

Table 1

Month

Activity

Date

Time

September

Council Meeting

10 September 7.00pm

Month

Activity

Date

Time

Swearing in of New Council 6 November

6.00pm

November

Election of Mayor/Deputy

Mayor

19 November 6.00pm

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Submission to the Inquiry into Local Government Funding and Service Delivery

in Victoria

On 3 May 2024 the Legislative Council has tasked the Economy and Infrastructure

Committee with investigating local government funding and service delivery in Victoria.

The inquiry will cover cost shifting impacts, core service delivery adequacy, overall

revenue structures, their sustainability, and potential alternative funding models.

Submissions have been invited by 28 June 2024.

Attachment 3

is Brimbank’s submission to this inquiry, highlighting challenges specific

to our Council along with support for the submission from Local Government Finance

Professionals (FinPro). FinPro is the peak body representing local government finance

professionals in Victoria.

Public hearings will be held and a report to Parliament is due by 28 November 2024.

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, Safety, Environmental or Financial 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 strives to enhance services and

liveability for the Brimbank community.

This report complies with the

, Council Plan 2021-2025, S5 Instrument of

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

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

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

conflicts of interests to declare.

Resolution

Moved Cr Victoria Borg/Seconded Cr Thomas O'Reilly

That Council:

a. Notes the:

i. Governance Report June 2024.

Brimbank Council Meeting No. 634 18 June 2024

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

with S7 Instrument of Sub Delegation (24/3453AQ; 24/3466;

24/3473Q; 24/3476; 24/3485; 24/3501).

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. Adopts the amendments to the meeting schedule for the months of

September 2024 and November 2024, shown at Table 1 in this report,

and authorises the Chief Executive Officer to further amend the meeting

schedule for September, October and November 2024 should special

circumstances arise.

c. Endorses the submission to the Inquiry into Local Government Funding

and Service Delivery in Victoria at Attachment 3 to this report.

CARRIED

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13.3

Governance Policies Review

13.3

Governance Policies Review

Directorate

People, Partnerships and Performance

Director

Georgie Hill

Manager

Danny Bilaver

Attachment(s)

1. Councillor Code of Conduct [

13.3.1

- 38 pages]

2. Councillor Gifts Benefits and Hospitality Policy [

13.3.2

-

19 pages]

3. Live Streaming of Council Meetings Policy [

13.3.3

- 18

pages]

4. Public Transparency Policy [

13.3.4

- 16 pages]

5. Councillor Support Policy [

13.3.5

- 35 pages]

6. Councillor Transparency Policy 2020 Reckoner [

13.3.6

-

24 pages]

7. Councillor Protocol 2020 Reckoner [

13.3.7

- 40 pages]

8. Councillor Respectful Conduct Policy 2020 Reckoner

[

13.3.8

- 16 pages]

Purpose

For Council to consider policies that are proposed to be revised or revoked to ensure

legislative compliance and support good governance.

Officer Recommendation

That Council:

a. Endorses for community consultation the revised

;

;

, at Attachments 1 – 5 to this report (the revised policies).

b. Notes the ‘ready reckoner’ documents at Attachments 6 - 8 that identify

where relevant content the from the

and

(the

revoked policies) can be transferred to other Council policies

c. Endorses community consultation on the proposed revocation of the

(the revoked policies).

d. Endorses the revocation of the

at the end of the current Council term.

e. Notes the sunsetting of Brimbank Governance [Major Policy

Consultation] Local Law 3.

f. Receives a further report outlining any community consultation

submissions made on the revised policies and presenting a final draft of

the policies for consideration.

Background

Councillors must comply with a range of policies and associated documents (governance

policies). Some governance policies are mandatory under the

; others are not mandated but support good governance. Broadly,

Council’s governance policies serve the important purpose of guiding Councillor conduct

and supporting integrity and legislative compliance.

The governance policies outlined in this report have been reviewed in line with Council’s

commitment to maintain up to date policies and strategic documents. The aims for this

the review were to:



Move all Councillor policies over to updated standard policy template.



Update any remaining outdated content.



Replace content that was incorrectly removed as part of the expedited 2020-21

Governance policy reviews.



Remove duplication of content across Councillor policies and protocols.



Incorporate recommendations from the Operation Sandon report where

appropriate.



Revoke Councillor policies that duplicate other council policies (e.g. Councillor

Transparency Policy duplicates Public Transparency Policy).



Ensure no relevant content is lost when consolidating documents.

The Governance policies updated in this report also incorporate recommendations for

strengthening policies from the IBAC report from Operation Sandon, which was an

investigation of serious corrupt conduct within the City of Casey.

Matters for Consideration

Five policies have been reviewed and are recommended for community consultation.

These are the revised

;

;

and the

Three policies have been reviewed and identified as suitable to be revoked because they

duplicate existing content and/or their content can be transferred to other policies. These

are the

and

Where policies are recommended to be revoked, a document showing where relevant

content will be captured and retained is at

Attachments 6 – 8

to this report.

The Councillor Portfolio Policy and Terms of Reference have been reviewed and are

recommended to be revoked at the end of the Council term. The reasons this

recommendation are outlined in the Overview section below.

The Brimbank Governance [Major Policy Consultation] Local Law 3 is due to sunset on its

10th anniversary on 17 July 2024. With the introduction of the Community Engagement

Policy this year, this Local Law is not required and is recommended that it be allowed to

lapse.

Overview of policies reviewed

The Councillor Code of Conduct is a prescribed policy under

that includes the

standards of conduct expected to be observed by Councillors in the course of performing

their duties and functions as Councillors, including prohibiting discrimination, sexual

harassment and vilification.

The Councillor Code of Conduct was last reviewed and adopted in 2021. Pursuant to

section 139(4) of

, this policy must be reviewed within 4 months after a general

Brimbank Council Meeting No. 634 18 June 2024

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election. Council can only amend the Councillor Code of Conduct by a formal resolution

of the Council passed at a meeting by at least two-thirds of the total number of

Councillors elected to the Council. The major changes to the Councillor Code of Conduct

are:



Values Statement added to link the Code with Council values and help make it a

less prescriptive and more values based document.



Definition of 'misconduct' changed to the statutory definition.



Relevant content from the Councillor Protocol inserted (this Protocol is

recommended to be revoked).



Role of the CEO updated to reflect new

provisions and redundant CEO duties

under 1989

removed.



Duties of the Principal Councillor Conduct Registrar summarised rather than

replicating long list in the

.



Prescribed Standards of Conduct included verbatim as required by s139(3)(a) of

.



Requirement for Councillors not to discredit or mislead reinserted in the Code

after being omitted in the 2021 update.



Prohibition on inciting hatred included in 'Other Conduct' sect



ion. This reflects

requirements.



Requirements for interactions with Members of Parliament reinserted in the

Code after being omitted in the 2021 update.



Requirements for meetings with applicants planning permits or amendments and

fitness for duty provisions reinserted in the Code after being omitted in the 2021

update.



Child Safe Standards provision inserted.



Conflict of Interest provisions updated to correctly reflect requirements in

section 130 of

.



Content relating to city representation added from Councillor Protocol, which is

recommended to be revoked.



List of incorporated documents updated.

State Government reforms occurring in 2024 will include the launch of a model code of

conduct for councillors with a uniform set of standards. This will mean the Councillor

Code of Conduct will need to be reviewed again to adopt these reforms following the

election of the new Council.

A copy of the reviewed Councillor Code of Conduct is included at

Attachment 1

.

This policy was last reviewed as part of the implementation of the new

on 20 April

2021. This policy applies to all Councillors of Brimbank including the Mayor. It is based

on principles of integrity, good governance, transparency and accountability and seeks to

minimise improper practices and potential conflicts of interest. Having a Councillor gifts

policy is a requirement under section 138 of

.

The name of this policy has been changed from Councillor Gifts Policy 2021 to the

Councillor Gifts, Benefits and Hospitality Policy for consistency with the Employee Gift,

Benefit and Hospitality Policy 2023. The major changes to this policy are:



Inclusion of a GIFT Table with questions for Councillors to consider when

presented with a gift, benefit or hospitality.



Inclusion of a definition of 'anonymous gifts'



Changed from the gift register being always available online to being 'upon

request' (to reduce admin effort).

Brimbank Council Meeting No. 634 18 June 2024

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A copy of the reviewed Councillor Gifts, Benefits and Hospitality Policy is included at

Attachment 2

.

The Livestreaming of Council Meetings Policy 2021 was first endorsed on 16 October

2018 and was due for review on 21 September 2022 after a piloted period between 2020

and 2022. The live streaming of Council Meetings aims to provide greater flexibility and

convenient access for the community to Council’s decision-making process. The major

changes to this policy are:



References to redundant sections of 1989

removed.



Provision made for publication on Council website (not just YouTube).



Section added dealing with adjournment of meeting due to technical issues.

A copy of the reviewed Livestreaming of Council Meetings Policy is included at

Attachment 3

.

The Public Transparency Policy was adopted in August 2020 as required under section 57

the new

and was due for review in August 2021. This Policy aims to adopt and

maintain public transparency by ensuring the availability of all information needed in

order to collaborate, cooperate and make considered well informed decisions. The major

changes this policy are:



Policy purpose statement expanded to include more detail about why

transparency is important.



Suggested amendment to commitment to publicly release decisions from closed

meetings once it is determined that they are no longer confidential.



Content re-ordered for readability throughout.

A copy of the reviewed Public Transparency Policy is included at

Attachment 4

.

The Councillor Support Policy was last reviewed in June 2020 as part of the

implementation of the

and was due for review in June 2022.

This is an important policy that details how the Council can provide assistance and

support to the Mayor and Councillors when conducting council business. The major

changes to this policy are:



Removal of the major policy status of this policy following the expected.

sunsetting of the Governance (Major Policy Consultation) Local Law 3 on 17 July

2024.



Inclusion of mandatory midyear refresher training for Councillors in accordance

with

and Regulations.



Amendment relating to the maximum annual expenditure for professional

development if the amount exceeds the threshold.



Provision added for CEO to be able to waive the requirement for Councillors to

refund Council in certain circumstances.



Further examples added of what might constitute unreasonable hospitality.



Clarification of types of Councillor support that Council Officers would not

ordinarily provide.



Provision added for support to participate in Councillor engagement, in

accordance with our Community Engagement Policy.



Section inserted to include requests for information and viewing of Council files.

This content was previously included in the Councillor Access to Information

Protocol, which is recommended to be revoked.

Brimbank Council Meeting No. 634 18 June 2024

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

Section added to include advice and recommendations to Councillors in reports

from Council. This content is from the Councillor Protocol, which is

recommended to be revoked. The wording has been revised for clarity.



Section on personal interest returns added.

A copy of the reviewed Councillor Support Policy is included at

Attachment 5

.

Overview of policies / protocols recommended to be revoked

A range of policies and protocols have been identified with content that is already

covered, or could logically be incorporated, in other policies. It is therefore

recommended that these documents be revoked:



Councillor Transparency Policy 2020



Councillor Protocol 2020



Councillor Respectful Conduct Policy 2020

A 'ready reckoner' document showing where all relevant content from each of these

documents will be captured if it is revoked is included in

Attachments 6-8.

Councillor Portfolio Policy and Terms of Reference

The Councillor Portfolio system was introduced in 2018 originally as a pilot

program then implemented ongoing, with a commitment to be evaluated annually to

ensure effective and relevant. Council has seen a recent decrease in the activities of the

portfolio system. The breadth of Council’s Advisory Committees largely covers portfolio

activities and Committees and Council briefing cycles provide a more focused and

efficient system to brief Councillors on matters. Council’s Community Engagement Policy

2021 also ensures community participation in decision making processes through other

channels. It is therefore recommended that Council discontinues the Portfolio system

and that the Councillor Portfolio Policy and Terms of Reference be revoked at the end of

the current Council term.

Sunsetting of Governance (Major Policy Consultation) Local Law 3

This Local Law will sunset on its 10th anniversary on 17 July 2024. Since the inception of

this Local law, the

was introduced which requires that

Council to have a Community Engagement Policy. As such, the Local Law has now been

superseded by this legislative requirement and is no longer required. It is proposed that

the Brimbank Governance [Major Policy Consultation] Local Law 3 be allowed to lapse.

The effect is that, after the sunset date, consultation on Major Policies will default to

requirements under the Community Engagement Policy, as legislatively required.

Community Engagement

These policies and protocols have broad application and are therefore considered suitable

for general, rather than targeted consultation with specific community groups.

Community consultation will occur via the 'Your Say Brimbank' website. The

recommended timelines for community engagement are:



20 June 2024 until 4 July 2024 - 2 weeks consultation policies that have been

reviewed or are recommended to be revoked.



20 June 2024 until 18 July 2024 - 4 weeks consultation for Councillor Support

(Major) Policy in line with Governance (Major Policy Consultation) Local Law.

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Resource And Risk Implications

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

Community:

Failure to keep our governance policies up to date can signal a lack of care

and attention to our governance obligations and erode public trust.

Regulatory:

Failure to update governance policies can result in key guidance material

about our governance obligations not being clear, current and lawful.

There are no Environmental, Financial or Safety impacts.

Legislation/Council Plan/Policy Context

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

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

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

services - A fairer place for all

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

liveability for the Brimbank community.

This report complies with Council’s Policy Management Framework, Community

Engagement Policy 2021, and

requirements.

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

conflicts of interests to declare.

Resolution

Moved Cr Victoria Borg/Seconded Cr Thomas O'Reilly

That Council:

a. Endorses for community consultation the revised

;

;

, at Attachments 1 – 5 to this report (the revised policies).

b. Notes the ‘ready reckoner’ documents at Attachments 6 - 8 that identify

where relevant content the from the

and

(the

revoked policies) can be transferred to other Council policies

c. Endorses community consultation on the proposed revocation of the

(the revoked policies).

d. Endorses the revocation of the

at the end of the current Council term.

e.

f. Notes the sunsetting of Brimbank Governance [Major Policy

Consultation] Local Law 3.

g. Receives a further report outlining any community consultation

submissions made on the revised policies and presenting a final draft of

the policies for consideration.

13.4

Quarterly Advocacy Report June 2024

CARRIED

Brimbank Council Meeting No. 634 18 June 2024

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13.4

Quarterly Advocacy Report June 2024

Directorate

People, Partnerships and Performance

Director

Georgie Hill

Manager

Elie Khalil

Attachment(s)

1. Quarterly Advocacy Report June 2024 Summary of 2024-

2025 State and Federal Budgets [

13.4.1

- 2 pages]

Purpose

To report on Council’s advocacy initiatives and highlights from early March 2024 to late

May 2024.

Officer Recommendation

That Council notes the major advocacy highlights from March to May 2024 as

detailed in this report.

Background

Brimbank’s Advocacy Priorities

The Brimbank Advocacy Plan 2023-25 was adopted at the Council Meeting on

19 September 2023. The Advocacy Plan outlines Council’s key advocacy priorities and

seeks partnerships to deliver projects and infrastructure for the Brimbank community.

Ranked as ‘Gold’, ‘Silver’, ‘Bronze’ and ‘Maintain Influence’, the priorities identified in the

Advocacy Plan are aligned to the Council Plan Strategic Directions and are listed in the

table below.

Priorities Topic

Council Plan Strategic Direction

Transforming Brimbank

Opportunity and Prosperity (Growing

and Transforming)

Gold

Mental Health

People and Community (Wellbeing

and Belonging)

Road Infrastructure

Places and Spaces (Liveable and

Connected)

Silver

Climate Emergency

Places and Spaces (Sustainable and

Green)

Addressing Unemployment

Opportunity and Prosperity (Earning

and Learning)

Bronze

Housing and Homelessness

Opportunity and Prosperity (Growing

and Transforming)

Melbourne Airport Third Runway People and Community (Wellbeing

and Belonging)

Maintain

Influence

Gambling Harm

People and Community (Wellbeing

and Belonging)

Brimbank Council Meeting No. 634 18 June 2024

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Major Parks

Places and Spaces (Liveable and

Connected)

Libraries

Opportunity and Prosperity (Earning

and Learning)

Government Burden on Council Leadership and Governance (High

Performing and Accountable)

Advocacy efforts are tailored to the specific issue and are adjusted over the period of the

plan to ensure relevance and impact. Initiatives include campaigns, Mayoral meetings

with MPs and Ministers, and working with other local Councils and peak advocacy bodies

such as LeadWest, the Municipal Association of Victoria (MAV) and the Australian Local

Government Association (ALGA). Advocacy highlights, achievements and adjustment to

priorities are reported to Council quarterly.

Matters for Consideration

In the period from early March 2024 to late May 2024, whole-of-Council advocacy

highlights included:



Release of the Albion Quarter Structure Plan discussion paper

.



LeadWest’s successful advocacy for new and improved bus services in

Melbourne’s west

.



Expansion of the Westside Lodge public residential rehabilitation facility

.



Brimbank’s successful motions at the May 2024 MAV State Council Meeting.

o

Improving Victoria’s Bus Network

o

Fast-tracking the rollout of mental health social inclusion action groups to

all 79 LGAs

o

Increasing the level of funding allocated for upgrading major highways



Launch of the ‘Improving the Calder Highway’ advocacy brochure, which

attracted significant media coverage

.



Brimbank’s increased funding allocation under the ‘Roads to Recovery’ program

.



Initiation of the Jobs Victoria Mentors Program, targeting over 4,000 residents

from five disadvantaged LGAs, including Brimbank

.



Extension of funding for the ‘Homes for Families’ program

.



Additional funding for three schools in the City of Brimbank.

In addition, both the 2024/2025 State and Federal Budgets were announced in May.

Whilst these included a number of funding commitments that align with Brimbank’s

advocacy and budget priorities, Council is concerned with the four-year delay to the

delivery of the Melbourne Airport Rail and the impacts this may have on the

implementation of the Sunshine Station Masterplan as well as the rebuild of Albion

Station.

Council will continue to advocate for the construction of the Melbourne Airport Rail to be

delivered as soon as possible. The delay has been attributed to an ongoing disagreement

between the Melbourne Airport operator and the Victorian Government on the

positioning of the train station at the airport, with the government preferring an above

Brimbank Council Meeting No. 634 18 June 2024

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ground option and the airport operator wanting it underground. Earlier this year, the

Australian Government appointed a mediator in an attempt to resolve the dispute.

Recent media articles have reported that the mediator, Neil Scales OBE, will be

submitting his report to government in the coming weeks.

Council is also concerned with the State Government’s decision to pause the ‘Improving

the Calder Freeway’ project, following the Federal Government’s decision to withdraw

$50m committed by the previous government.

Advocacy Highlights

Albion Quarter Structure Plan

Last month, the State Government released the Albion Quarter Structure Plan discussion

paper. The Albion Quarter is comprised of the area surrounding Albion Station which

extends to the four quarters either side of the railway station north of Ballarat Road. The

Structure Plan aims to transition the Albion Quarter from the current mix of industrial

focused businesses to supporting the next generation of jobs, innovation and services. It

also aims to provide for new residential dwellings close to public and active transport

connections. The Structure Plan acknowledges the industrial heritage of the John Darling

Flour Mill and the historical significance of Sunshine Harvester to the Sunshine Precinct.

New Bus Services for Melbourne’s West

Over the past few months, LeadWest has been campaigning for better bus services in

Melbourne’s west. LeadWest Chair Cr Sophie Ramsey has so far met with 12 different

MPs to raise our concerns about the urgent need for bus reform in our region, including

Deputy Premier the Hon Ben Carroll. LeadWest has also been active in community

events and has been successful in attracting significant media coverage, both in local

media outlets and in the Age newspaper.

In April, the Victorian Government announced a $150 million investment for new bus

services across Melbourne’s north, west and south-east. Of great interest to LeadWest is

that $61.2m of this $150m investment will be allocated to Melbourne’s west. This

includes $39.7m for new and modified bus routes between Tarneit and Laverton North in

the City of Wyndham, and $21.5m for a new bus connection between Wyndham Vale

Station and the communities in both Harpley Estate and Cornerstone Estate.

Westside Lodge

Located in St Albans, Westside Lodge is a public residential rehabilitation facility that

provides treatment to residents living with mental illness or are faced with addiction

issues. In its Budget last year, the State Government committed $10.2m to expand the

Westside Lodge public residential rehabilitation facility by an additional 10 beds to a

larger 30-bed residential unit and with refurbished common areas. The expansion has

now been completed and staff at the facility are able to treat an additional 40 patients

per year. This will help to reduce pressure on other health services across the western

suburbs.

MAV State Council Meeting

At the recent State Council Meeting held on 17 May 2024, Brimbank submitted three

motions relevant to our advocacy priorities for the MAV to advocate on our behalf. All

three motions were deemed to have state-wide significance and were endorsed. Through

these motions, the MAV will be calling on the State Government to:



Improve Victoria’s bus network



Increase the level of funding allocated for upgrading major highways

‘Fix the Calder’ Campaign

On Saturday 20 April, Brimbank hosted a community event calling on both the State and

Federal Governments to Fix the Calder. We also launched a new advocacy brochure titled

‘Improving the Calder Highway’. The brochure was produced on behalf of the Calder

Highway Improvement Committee (CHIC), consisting of the Councils of Brimbank,

Buloke, Greater Bendigo, Hume, Loddon, Macedon Ranges, Melton, Mildura and Mount

Alexander. A number of MPs and Councillors from outside Brimbank were in attendance,

including:



Hon Natalie Hutchins MP



Mrs Moira Deeming MP



Mr Trung Luu MP



Cr Kathy Majdlik, Mayor of Melton City Council



Cr David Pollard, Buloke Shire Council; CHIC Chair

The event received significant media coverage in the 6pm bulletins of both Ch7 news and

Ch9 news that night.

Roads to Recovery Program

Last month, the Hon Catherine King MP advised Council that Brimbank’s new allocation

under the Federal Government’s ‘Roads to Recovery’ program will be increasing. Roads

to Recovery is a national program that funds the construction, upgrade and maintenance

of local roads. Brimbank’s allocation will be $9.97m for the five-year period spanning 1

July 2024 to 30 June 2029. This is a significant improvement on the previous five-year

period (1 July 2019 – 30 June 2024) when Council’s allocation was $5.66m. Although the

total allocated nationally has also risen, Brimbank’s share of the national total has

increased by over 30%.

Jobs Victoria Mentors Program

Last month, Jobs Victoria’s Mentors program began working with over 4,000 participants

to provide them with the support they need to become work-ready, followed by a job

that’s right for them. Nearly three quarters of participants in the program have been

unemployed for more than 12 months. The program has targeted five disadvantaged

LGAs, including Brimbank, Hume, Shepparton, Latrobe Valley and Greater Dandenong.

More than 1,000 people have registered for the program in the Brimbank area since

October last year. In order to deliver the program, Jobs Victoria has partnered with

eleven local organisations across the state, including Jesuit Social Services, OCTEC and

WCIG that are based in Brimbank.

Homes for Families Program (

)

The Homes for Families program is designed to support those experiencing

homelessness. It falls under the ‘Housing First’ model which focuses on addressing

homelessness by providing permanent and stable housing before addressing underlying

factors such as challenges with alcohol, drugs and mental health. Ahead of the 2024-

2025 State Budget, Council advocated for the extension of funding for the Homes for

Families program and were pleased to learn that the Budget allocated an additional

$16.7m was allocated for this program.

Brimbank Council Meeting No. 634 18 June 2024

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Funding for Schools in Brimbank

In late April, the State Government announced an $11.2m investment for essential

works and repairs to 40 schools across Victoria. Three of these schools are located in

Brimbank and will receive a total of $676,192 as follows:



St Albans Primary School – $348,297



Albion Primary School – $269,453



Sydenham-Hillside Primary School – $58,442

Funded works will include fixing roofs and windows, replacing old fixtures, resurfacing

floors and painting.

Outcomes of the 2024-2025 Victorian State Budget

The 2024-2025 Victorian State Budget delivers much needed investment in the areas

identified in Council’s “Funding Priorities for the 2024-2025 State Budget” which includes

community mental health programs and reforms, suicide prevention initiatives, mental

healthcare in schools and community-based support through Mental Health and

Wellbeing Hubs.

Council also welcomes the various initiatives to tackle climate change and address

environmental issues, especially the $270 million commitment to protect and restore

Victoria’s waterways and catchments, and $15m to progress the State’s circular

economy targets and to support Recycling Victoria to boost recycling and help

households cut down waste.

A number of measures in the Budget are specific to the City of Brimbank. These are

listed below.



$28.8 million for community legal centres and specialist legal services, including

the Brimbank Melton Community Legal Centre.

o

This will enable the Centre to continue its support for victim survivors of

family violence.



$6.6 million to expand the Youth Crime Prevention and Early Intervention

Project.

o

Project is run by Victoria Police in Brimbank and Wyndham and seeks to

help young people at risk of offending.



Funding to the Caroline Chisholm Society

o

Provides specialist services to women and children who are experiencing

homelessness in the western suburbs.



Funding for five community hubs run through primary schools to support kids

and families.



Including St Albans Heights Primary School, Holy Eucharist Primary School,

St Albans Primary School and Stevensville Primary School.



Up to $85,000 towards a scoreboard at Sunshine Heights Cricket Club.



Further funding for the operations of a new Tech School in Brimbank.



Funding to expand the capacity of the Sunshine Hospital emergency department.

Other Budget announcements that align with Council’s priorities are:



$208m fund to repair and improve Victoria’s roads and intersections.



$240m for accommodation and support services to Victorians experiencing

homelessness,



$18 million to build and upgrade community sport infrastructure and create

more opportunities for Victorians to get involved in sport and active recreation.

A more comprehensive list of the State Budget announcements that align with

Brimbank’s priorities can be found in

Attachment 1

to this report.

Despite the various measures in the Budget that Council has welcomed, there is a

lack of funding for significant infrastructure projects that have been promised for

Brimbank Council Meeting No. 634 18 June 2024

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Brimbank but have now stalled. Although the Melbourne Airport Rail was an election

commitment of the current State Government in 2018, it has now been delayed by

four years.

Despite the delay to the Melbourne Airport Rail, there are strong community

expectations that progress will continue on the delivery of the Sunshine Station

Masterplan and the rebuild of Albion Station. Both of these projects were Labor

Government commitments ahead of the 2022 State Election and it is critical that they

implemented as a priority, to unlock jobs and secure investment in Melbourne’s west.

Council is also disappointed that the State Government has paused its $50m

commitment for Calder Freeway improvement works. Despite the $50m being

promised at the 2021-2022 State Budget, only $12.9m is reported as being expended

on this project by 30 June 2024.

Brimbank will continue to advocate for Melbourne’s west to be given the same priority

as projects being delivered in more affluent areas of Melbourne that are already well

serviced by adequate transport connections and infrastructure.

Outcomes of the 2024-2025 Federal Budget

Brimbank welcomes the various measures from the 2024-2025 Federal Budget that will

be implemented to support Australians with the cost of living. These include tax cuts to

all taxpayers, a rebate on electricity bills of $300 for all households and $325 for small

businesses, increasing the amount of Commonwealth rent assistance by 10%, a freeze

on the price of Pharmaceutical Benefits Scheme (PBS) scripts, the listing of 42 new

medicines on the PBS, and the wiping of student debt for three million Australians of

$1200 per person.

A list of the Federal Budget announcements that align with Brimbank’s priorities can also

be found in

Attachment 1

to this report. These include measures to address mental

health challenges, the climate emergency and housing and homelessness. Whilst Council

is pleased with these measures, we remain concerned with the Federal Government’s

reprioritisation of funding away from upgrading the Calder Freeway, with $437.3 million

committed to upgrading suburban roads in south-eastern and northern Melbourne.

Brimbank will continue to advocate for Melbourne’s west to receive its fair share.

Community Engagement

This report is consistent with the policy, evidence and current positions of Council, widely

informed by community engagement and insight and the Brimbank Advocacy Plan 2023-

2025.

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

• None

Environmental:

impacts on environmental sustainability, including water/waste

management, climate change, and contaminated land

• None

Financial:

significant financial impacts

• None

Regulatory:

legal, legislative or regulatory implications including the rights/obligations

Brimbank Council Meeting No. 634 18 June 2024

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of stakeholders

• None

Safety

: health, safety or duty of care impacts

• None

Legislation/Council Plan/Policy Context

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

1. People and Community - A welcoming, safe and supported community - An

inclusive place for all

• Wellbeing and Belonging - Responsive services that support mental and physical

wellbeing

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

healthy and sustainable futures - A green place for all

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

people can get around

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

generations

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.

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

conflicts of interests to declare.

Resolution

Moved Cr Jasmine Nguyen/Seconded Cr Bruce Lancashire

That Council notes the major advocacy highlights from March to May 2024 as

detailed in this report.

CARRIED

Brimbank Council Meeting No. 634 18 June 2024

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13.5

Planning Activity Update And Delegate Decisions And Planning Scheme Amendments Update - May 2024

13.5

Planning Activity Update and Delegate Decisions and

Planning Scheme Amendments Update - May 2024

Directorate

City Futures

Director

Kelvin Walsh

Manager

Kristen Gilbert and Leanne Deans

Attachment(s)

1. Delegated Planning Permit Decisions - May 2024 [

13.5.1

- 28 pages]

2. Graphical Representation of Data from the Last Three

Years [

13.5.2

- 3 pages]

3. Planning Scheme Amendment Status Summary - May

2024 [

13.5.3

- 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 May 2024 regarding planning

permit applications and other matters.



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

Officer Recommendation

That Council:

a. Notes the Planning Activity Update and Delegate Decisions – May 2024

report, and Delegated Planning Permit Decisions, at Attachment 1 to this

report.

b. Notes the Planning Scheme Amendment Summary – May 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

(

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

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

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

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

Council.

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

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

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

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

is granted and when works take place.

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

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

accordance with section 8A(7) of

. Council undertakes amendments for a range of

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

Brimbank Council Meeting No. 634 18 June 2024

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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

.

Matters for Consideration

67 planning determinations and 30 subdivision determinations were made under

delegated authority in May 2024. 70 new planning permit applications were received in

May 2024. The value of development for these 70 applications is $22.2 million.

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

2024 is at

Attachment 1. Attachment 2

provides a graphical representation of the

data over the last three years.

May 2024

Previous

month (April

2024)

Monthly

average for

past 12

months

May 2023

Applications

Received

70

70

64

61

Planning

Permit

Approvals

64

61

64

79

Notice of

Decision to

Grant a

Permit

3

5

6

5

Refusal to

Grant a

Planning

Permit

0

1

1

2

Subdivision

Approvals

30

22

22

30

Cost of

development

for new

applications

(millions)

$22.2

$37.4

$48.2

$20.8

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

(VCAT) in this period. At the end of this period there were four appeals lodged at VCAT

that had not yet been determined. This is nine less than at the end of May 2023.

Brimbank Council Meeting No. 634 18 June 2024

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The Planning Scheme Amendment Summary is shown at

Attachment 3

and includes

four Planning Scheme Amendments where Council is the Planning Authority or has

requested the Minister to prepare an amendment under section 20(4) of

.

During May, Council undertook work associated with its decision to abandon Amendment

C214brim (Development Contributions Plan – Schedule 2). 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.

The progress highlight for the May period was:

Amendment

Intent

Progress status

Amendment C240 -

extension of interim

heritage controls

The amendment amends the

incorporated documents

titled ‘Grand Junction Estate

and Matthews Hill Precinct

Statement of Significance’ to

extend the expiry date for

the interim heritage control

for five properties until 30

May 2025.

Gazetted on 30 May 2024

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.

Resolution

Moved Cr Bruce Lancashire/Seconded Cr Victoria Borg

That Council:

a. Notes the Planning Activity Update and Delegate Decisions – May 2024

report, and Delegated Planning Permit Decisions, at Attachment 1 to this

report.

b. Notes the Planning Scheme Amendment Summary – May 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

Brimbank Council Meeting No. 634 18 June 2024

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13.6

Brimbank Planning Scheme Amendment C239brim Housing And Neighbourhood Character Strategy

13.6

Brimbank Planning Scheme Amendment C239brim

Housing and Neighbourhood Character Strategy

Directorate

City Futures

Director

Kelvin Walsh

Manager

Leanne Deans

Attachment(s)

1. Brimbank C239brim Explanatory Report Authorisation

[

13.6.1

- 16 pages]

2. Brimbank C239brim Instruction Sheet Authorisation

[

13.6.2

- 2 pages]

3. Brimbank C239brim Planning Scheme Maps Authorisation

[

13.6.3

- 11 pages]

4. Brimbank C239brim Ordinances Authorisation [

13.6.4

-

70 pages]

5. Brimbank C239brim Brimbank Housing and

Neighbourhood Character Strategy - Body (BCC, 2024)

Authorisation [

13.6.5

- 109 pages]

6. Brimbank C239brim Brimbank Housing and

Neighbourhood Character Strategy - Appendices (BCC,

2024) Authorisation [

13.6.6

- 43 pages]

7. Brimbank C239brim Brimbank Housing and

Neighbourhood Character Background Report (BCC,

2024) Authorisation [

13.6.7

- 273 pages]

8. Brimbank C239brim Brimbank Housing Strategy -

Background Analysis (BCC, 2021) Authorisation [

13.6.8

- 176 pages]

9. Brimbank C239brim Designing for Density in the RGZ -

Design Guidelines (BCC, 2024) Authorisation [

13.6.9

-

19 pages]

Purpose

For Council to consider proposed Amendment C239brim to the Brimbank Planning

Scheme to implement the

(Brimbank City Council, 2024).

Officer Recommendation

That Council:

a. Notes that Planning Scheme Amendment C225brim has been submitted

to the Minister for Planning for approval and will translate the Brimbank

Planning Scheme into the new planning scheme format required by the

Victorian Government, including a new Municipal Planning Strategy.

b. Notes that Council submitted Planning Scheme Amendment C225brim to

the Minister for Planning on 2 November 2022 and it is yet to be

approved.

c. Notes that proposed Planning Scheme Amendment C239brim has been

prepared to accord with the new Planning Policy Framework in

Amendment C225brim.

d. Notes that Planning Scheme Amendment C239brim proposes to give

limited exhibition under Section 19(1B) of the

(

) on the basis that giving individual notice to all the

owners and occupiers of residential land in the City of Brimbank is

considered impractical, and that reasonable steps will be taken to ensure

that public notice of the proposed amendment is given, including a six

week exhibition and five public notices in the Star Weekly, and that

owners and occupiers of land are entitled to make submissions in

accordance with sections 21 and 21A of

.

e. Endorses the proposed Planning Scheme Amendment C239brim as shown

in Attachments 1, 2, 3, 4, 5, 6, 7, 8 and 9 to this report for public

exhibition, including giving notice of the amendment in accordance with

Section 19(1B) of the

.

f. Subject to the Minister for Planning approving Planning Scheme

Amendment C225brim, requests authorisation from the Minister for

Planning to prepare and exhibit the proposed Planning Scheme

Amendment C239brim under Section 8A of the

.

g. Notes that proposed Planning Scheme Amendment C239brim will not be

lodged with the Minister for Planning (Minister) until Planning Scheme

Amendment C225brim has been approved and gazetted by the Minister.

h. Delegates to the Director City Futures endorsement of changes to

Planning Scheme Amendment C239brim that are required following

approval of Planning Scheme Amendment C225brim and or as part of any

conditional authorisation of Planning Scheme Amendment C239brim.

i. Receives a further report outlining submissions received on the proposed

Planning Scheme Amendment C239brim and Council’s options in relation

to the amendment.

Background

In December 2019, the State Government released Planning Practice Notes –

, and

– to provide guidance on

how councils should plan for and manage housing change. The Practice Notes specify

that councils should develop a Residential Development Framework (RDF) that is

underpinned by a local housing strategy and other relevant strategic work, such as a

neighbourhood character strategy, to implement local housing directions.

In April 2024, Council adopted the

(

), which is an integrated plan for housing and neighbourhood

character.

, which supersedes the previous housing strategy completed by

Council in 2014, sets out how Brimbank can meet housing need over the next 20 years

through a framework that provides a broad mix of housing in the most suitable locations.

is informed by the

(2024), which outlines Brimbank’s residential context, analyses

housing opportunities and constraints, and presents emerging neighbourhood character

precincts.

is structured around five themes – growth, character, diversity, amenity

and sustainability. It has been prepared to:



Support growth and enhance liveability



Respect and celebrate neighbourhood character and facilitate high quality new

development that contributes positively to the public realm

Brimbank Council Meeting No. 634 18 June 2024

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

Enhance housing diversity to meet changing community needs and respond to

an urgent need for more affordable housing



Manage potential amenity conflicts between residential and other incompatible

land uses



Improve the sustainability and climate resilience of new housing development.

The RDF in

articulates Council’s strategic directions on planning for and

managing housing change in Brimbank. It comprises 11 character-change areas with

each area having a distinct residential zone schedule containing design or neighbourhood

character objectives that correspond to a relevant preferred future character.

recommends that an amendment to the Brimbank Planning Scheme be

undertaken to implement the strategic directions identified in the RDF and other changes

relating to policy provisions.

Matters for Consideration

Planning Scheme Amendment C239brim (Amendment C239brim) seeks to implement

by making changes to zones and ordinances in the Brimbank Planning

Scheme by:



Rezoning residential land so that the respective schedules to the Residential

Growth Zone (RGZ), General Residential Zone (GRZ) and Neighbourhood

Residential Zone (NRZ) are applied to 11 character-change areas as identified in

the proposed RDF at Clause 02.04.



Amending GRZ Schedule 2 (GRZ2) and NRZ Schedule 1 (NRZ1).



Introducing RGZ Schedule 2 (RGZ2), GRZ Schedule 3 (GRZ3) and NRZ

Schedules 3, 4, 5, 6, 7, 8 and 9 (NRZ3, NRZ4, NRZ5, NRZ6, NRZ7, NRZ8 and

NRZ9 respectively).



Updating the context at Clause 02.01, strategic directions at Clause 02.03 and

strategic framework plans at Clause 02.04 in the Municipal Planning Strategy

(MPS) as proposed under the Planning Policy Framework (PPF) in Planning

Scheme Amendment C225brim (the PPF amendment), which is currently being

considered for approval by the Minister for Planning.



Updating local policies at Clauses 13.05, 15.01 and 16.01 in the PPF as

proposed under the PPF amendment.



Updating the Schedule to Clause 66.04.



Updating operational provisions at Clause 72.08 and Clause 74.02 as proposed

under the PPF amendment.

Amendment C239brim also proposes consequential changes to the following residential

zone schedules by amending their names and updating content language to ensure

consistency across schedules:



RGZ Schedule 1 (RGZ1)



GRZ Schedule 1 (GRZ1)



NRZ Schedule 2 (NRZ2)

Further details of Amendment C239brim can be found in the amendment documentation,

which comprises:



Explanatory Report (

Attachment 1

)



Instruction Sheet (

Attachment 2

)



Planning Scheme Maps (

Attachment 3

)



Ordinances (

Attachment 4

), which consist of the MPS, PPF, residential zone

schedules, Schedule to Clause 66.04 (Referral of permit applications under local

Brimbank Council Meeting No. 634 18 June 2024

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provisions), Schedule to Clause 72.08 (Background documents) and Schedule to

Clause 74.02 (Further strategic work)



Background documents (

Attachments 5 to 9

), which consist of



(Brimbank City

Council, 2024)



(Brimbank City Council, 2024)



(Brimbank City Council,

2021)



(Brimbank City Council, 2024)

attached to this report and the associated background report include minor

editorial changes since they were adopted by Council. These changes include:



Updating the cover page and content to remove the prefix ‘draft’ given Council

has adopted the documents.



Removing open landfills from interface areas given

defines

interface areas as land in proximity to a major hazard facility only (p. 59).



Removing the sentence ‘Growth and change will be minimal’ about development

in the Landscape Suburban character areas given the character typology applies

to both incremental and minimal change areas (p. 130).



Updating the recommended zone schedule in the RDF for a small number of

properties in Kealba that were accidentally overlooked.



Amending the term ‘increased change’ to ‘moderate change’ following advice

from the Department of Transport and Planning.

Options

There are two options before Council to consider:



Option A

– Provide support for Amendment C239brim as per the

recommendation.



Option B

– Not support the preparation of Amendment C239brim.

Council officers recommend Option A as this will enable Council to plan for and manage

housing change in accordance with the relevant Planning Practice Notes released by the

State Government and

adopted by Council at its Council Meeting in April

2024. Amendment C239brim and

are consistent with Council’s overarching

objectives and strategic directions relating to places and spaces, i.e. liveable and

connected neighbourhoods.

Analysis

Amendment C239brim is required to implement

into the Brimbank Planning

Scheme to guide and manage housing change in Brimbank over the next 20 years. This

will provide the right amount of housing at the appropriate location, typology and scale

to enhance liveability and affordability.

Council’s strategic directions regarding planning for and managing housing change is

articulated in

through the RDF. Specifically, the RDF encourages diverse

housing in the most suitable locations by designating land for one of four housing change

levels:

Brimbank Council Meeting No. 634 18 June 2024

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

Substantial change

– applies to areas immediately surrounding metropolitan

or major activity centres and train stations, and along key transport corridors

that do not have significant heritage or environmental constraints. In these

areas, the RGZ applies with a maximum building height of 13.5 metres (4

storeys).



Moderate change

– applies to areas within walkable distances to activity

centres and train stations that do not have significant heritage or environmental

constraints. In these areas, the GRZ applies with a maximum building height of

11 metres and 3 storeys.



Incremental change

– applies to neighbourhoods that do not have walkable

access to major opportunities such as a major activity centre or train station but

may have access to a neighbourhood or local activity centre, or less frequent

transport. In these areas, the NRZ applies with a maximum building height of 9

metres and 2 storeys.



Minimal change

– applies to areas where new development will be limited by

the Heritage Overlay or site conditions such as proximity to a major hazard

facility or landfill site, and aircraft noise from Melbourne Airport. In these areas,

the NRZ applies with a maximum building height of 9 metres and 2 storeys and

requirements for additional private open space. Interface areas, i.e. land near a

major hazard facility, are additionally subject to a new subdivision requirement

on minimum lot size to limit subdivision potential. An application to subdivide

land or construct two or more dwellings in the interface areas must be referred

to WorkSafe Victoria, which is listed as a recommending referral authority in the

Schedule to Clause 66.04.

Amendment C239brim implements relevant objectives in the

(

) through the RDF, which:



Ensures Brimbank has sufficient housing capacity to accommodate projected

population growth over the next 20 years.



Directs future housing towards the most suitable locations.



Ensures housing change occurs at a rate that is appropriate to the area.



Requires development to respect neighbourhood character where necessary.



Encourages a diverse range of housing for various household types.



Facilitates the provision of affordable housing.

Details of how Amendment C239brim addresses environmental, social and economic

effects, complies with the requirements of relevant Ministerial Directions, and supports

or implements relevant policies in the PPF are contained in the Explanatory Report as

shown in

Attachment 1

.

The policy provisions to be amended under Amendment C239brim are based on those

proposed in the Planning Policy Framework (PPF), which Council adopted as part of

Planning Scheme Amendment C225brim. Amendment C225brim translates local policy

into the new planning scheme format, including new policy identified as part of a

planning scheme review. Council submitted Amendment C225brim to the Minister for

Planning (Minister) for approval on 2 November 2022 following Council’s adoption of the

amendment at the Council Meeting on 18 October 2022. Officers worked closely with the

Department of Transport and Planning to accord with guidance and direction and

anticipate a decision by the Minister soon. On the basis that the Minister may approve

the PPF amendment with changes which may also impact Amendment C239brim, it is

necessary that Council delegates to the Director City Future endorsement of required

Brimbank Council Meeting No. 634 18 June 2024

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changes to Amendment C239brim that might be required following approval of

Amendment C225brim. Officers do not anticipate these would be significant in nature.

Conclusion

Council has prepared and adopted a new housing and neighbourhood character strategy,

which supersedes the previous housing strategy completed in 2014. The new Strategy,

which accords with the guidance contained in PPN90 and PPN91 released by the State

Government in December 2019, provides strategic directions on how to plan for and

manage housing change in Brimbank over the next 20 years. These directions are

articulated in the RDF and proposed changes to policy provisions. It is necessary that a

planning scheme amendment be undertaken to implement

.

Next Steps

Subject to Council’s endorsing Amendment C239brim and the Minister’s approval of

Amendment C225brim to introduce the new PPF, Amendment C239brim would be

submitted to the Minister for consideration and placed on exhibition if authorised. On this

basis, Amendment C239brim will not be submitted to the Minister for authorisation until

Amendment C225brim is approved.

During the exhibition, the community and other stakeholders will have the opportunity to

lodge submissions to Amendment C239brim. Following public exhibition, all submissions

will be presented to Council for consideration. Where submissions cannot be resolved,

Council may choose to refer the submissions to an independent Planning Panel for

consideration or abandon Amendment C239brim.

If Council refers the submissions to a Planning Panel, the Panel will hold a public hearing

and prepare a Panel Report outlining recommendations on how Council may proceed.

The Panel Report will be presented to Council for consideration where Council may

choose to support all, some or none of the recommendations prior to considering

whether to adopt or abandon Amendment C239brim.

If adopted, Amendment C239brim will then be submitted to the Minister for

consideration. The Minister can either approve the amendment, with or without changes,

or refuse the amendment.

Community Engagement

Under Section 19(1)(b) of

, Council is required to give notice of the amendment

to owners and occupiers of land materially affected by the amendment. However, under

Section 19(1A) of

, Council is not required to give notice under Section 19(1)(b) if

it considers the number of owners and occupiers affected makes it impractical to notify

them all individually about the amendment. On the basis the amendment affects nearly

all residential land in Brimbank, officers consider it appropriate to give notice under

Section 19(1B) of

, which is to take reasonable steps to ensure that:

a. Public notice of the proposed amendment is given in the area affected by the

amendment; and

b. That notice states that owners and occupiers of land are entitled to make

submissions in accordance with Sections 21 and 21A of

.

Subject to the Minister authorising the preparation of Amendment C239brim, it is

proposed that the amendment be exhibited for at least six weeks in accordance with

Section 19(1B) of

, including

Brimbank Council Meeting No. 634 18 June 2024

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

A six-week exhibition period including five public notices in the local newspaper

(Star Weekly) and one notice in the Victorian Government Gazette.



Notification to prescribed Ministers and relevant authorities



Information at the Brimbank Community and Civic Centre



Information on Council’s main website and Your Say website.

Any person can make a submission to Council about the amendment.

Resource And Risk Implications

Resource requirements to prepare and exhibit Amendment C239brim can be met within

the Annual Budget 2024/2025.

Community:

potential impact on community, including public trust and customer

service impact

• Yes - the amendment will have implications on how residential land may be developed

in the future. This will be of interest to the community, may be politically sensitive and

therefore likely to have customer service impacts during the planning scheme

amendment period.

Environmental:

impacts on environmental sustainability, including water/waste

management, climate change, and contaminated land

• Yes - the amendment seeks to, among other things, enhance sustainability through

improved planning and residential development guidance.

Financial:

significant financial impacts

• Yes - Council will need to notify owners and occupiers of a residential property in

Brimbank to which the amendment will apply.

Regulatory:

legal, legislative or regulatory implications including the rights/obligations

of stakeholders

• Yes - Council will be bound by the procedural obligations associated with planning

scheme amendments as established by the

and

Ministerial Direction No. 15.

Safety

: health, safety or duty of care impacts

• Yes - the amendment seeks to, among other things, minimise amenity impacts by

limiting residential development in areas that are designated for minimal change due to

the presence of one or more constraints such as aircraft noise, and proximity to a major

hazard facility or a significant landfill site.

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 Brimbank Planning Scheme, the

, relevant Ministerial Directions, PPN90 and PPN91.

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

conflicts of interests to declare.

Brimbank Council Meeting No. 634 18 June 2024

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Resolution

Moved Cr Bruce Lancashire/Seconded Cr Victoria Borg

That Council:

a. Notes that Planning Scheme Amendment C225brim has been submitted

to the Minister for Planning for approval and will translate the Brimbank

Planning Scheme into the new planning scheme format required by the

Victorian Government, including a new Municipal Planning Strategy.

b. Notes that Council submitted Planning Scheme Amendment C225brim to

the Minister for Planning on 2 November 2022 and it is yet to be

approved.

c. Notes that proposed Planning Scheme Amendment C239brim has been

prepared to accord with the new Planning Policy Framework in

Amendment C225brim.

d. Notes that Planning Scheme Amendment C239brim proposes to give

limited exhibition under Section 19(1B) of the

(

) on the basis that giving individual notice to all the

owners and occupiers of residential land in the City of Brimbank is

considered impractical, and that reasonable steps will be taken to ensure

that public notice of the proposed amendment is given, including a six

week exhibition and five public notices in the Star Weekly, and that

owners and occupiers of land are entitled to make submissions in

accordance with sections 21 and 21A of

.

e. Endorses the proposed Planning Scheme Amendment C239brim as shown

in Attachments 1, 2, 3, 4, 5, 6, 7, 8 and 9 to this report for public

exhibition, including giving notice of the amendment in accordance with

Section 19(1B) of the

.

f. Subject to the Minister for Planning approving Planning Scheme

Amendment C225brim, requests authorisation from the Minister for

Planning to prepare and exhibit the proposed Planning Scheme

Amendment C239brim under Section 8A of the

.

g. Notes that proposed Planning Scheme Amendment C239brim will not be

lodged with the Minister for Planning (Minister) until Planning Scheme

Amendment C225brim has been approved and gazetted by the Minister.

h. Delegates to the Director City Futures endorsement of changes to

Planning Scheme Amendment C239brim that are required following

approval of Planning Scheme Amendment C225brim and or as part of any

conditional authorisation of Planning Scheme Amendment C239brim.

i. Receives a further report outlining submissions received on the proposed

Planning Scheme Amendment C239brim and Council’s options in relation

to the amendment.

CARRIED

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.7

Biodiversity Strategy Review

13.7

Biodiversity Strategy Review

Directorate

City Futures

Director

Kelvin Walsh

Manager

Michelle van Gerrevink

Attachment(s)

1. 2024 Biodiversity Strategy and Habitat Connectivity Plan

Review [

13.7.1

- 40 pages]

Purpose

For Council to consider the Biodiversity Strategy and Habitat Connectivity Plan Review at

Attachment 1

Officer Recommendation

That Council:

a. Notes the Biodiversity Strategy and Habitat Connectivity Plan Review at

Attachment 1.

b. Notes that a new Biodiversity Strategy, which will incorporate the

Habitat Connectivity Plan, is in development and a draft will be presented

to the next Council for consideration to be released for community

consultation.

Background

Brimbank Biodiversity Strategy 2012-2022 (the Strategy) and the Brimbank Habitat

Connectivity Plan 2018-2023 (the Plan) guide Council’s conservation activities and

together form our approach to biodiversity. Both documents are due to be updated.

Both documents have been reviewed together with the aim of assessing our success in

implementing the Strategy and identifying opportunities for the future. Analyses

revealed that Council completed, or completed with an adjustment to scope, 100% of

the actions in the Biodiversity Strategy, and 94% in the Habitat Connectivity Plan.

A new Biodiversity Strategy, which will incorporate the Habitat Connectivity Plan, is in

development and a draft will be presented to the next Council for consideration to be

released for community consultation.

Matters for Consideration

Analysis

Key successes were identified throughout the review process, alongside gaps that need

to be addressed into the future.

Successes:



Ongoing management of Council conservation reserves.



Planning scheme amendments to increase protections within the planning

process.



Introduction of habitat elements into our reserves and creek lines to enhance

habitat.

Brimbank Council Meeting No. 634 18 June 2024

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

Implemented an annual community engagement program to involve and

educate our community.

Opportunities:



Increase our knowledge of current biodiversity values for effective management.



Review protections in current planning scheme in light of our changing

landscape.



Embed climate change considerations in biodiversity management.



Increase the capacity of our community to contribute to protection of our

environment.

Implementation

Our dynamic municipality, growing population and the impacts of climate change all

influence how we manage our natural landscapes. This review document will inform the

development of a draft Biodiversity Strategy to manage biodiversity into the future.

Further work and consultation will be undertaken to refine a draft strategy.

Internal consultation has commenced with the review and will be ongoing with the

development of the draft Biodiversity Strategy.

Key stakeholders within the organisation are the following teams;



Climate Emergency and Environment



Parks and Public Realm



Engineering Services



Asset and Property Services



City Development



City Strategy

External consultation with key external stakeholders will be conducted to inform the

draft Biodiversity Strategy which will be presented next Council for consideration to be

released for community consultation.

Community Engagement

An initial workshop was held on 5 March 2024, with 28 members of Brimbank

Community Voice to assess community thoughts, attitudes and concerns regarding our

local environment. The new Draft Biodiversity Strategy which will be presented next

Council for consideration to be released for community consultation.

Initial meetings have been held with the Wurundjeri and Bunurong, and engagement will

be ongoing.

Resource And Risk Implications

The new Strategy is in development stage, with community consultation required before

finalisation. As such, costs with the project will be associated with the consultation and

are expected to fall within the allocated budget.

Community:

potential impact on community, including public trust and customer

service impact

• Yes – developing a strong public consultation plan will empower the community to

participate in the strategy development and increase trust in Council process.

Environmental:

impacts on environmental sustainability, including water/waste

management, climate change, and contaminated land

Brimbank Council Meeting No. 634 18 June 2024

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• Yes – development of the Strategy will guide how we protect our natural environment

into the future

Regulatory:

legal, legislative or regulatory implications including the rights/obligations

of stakeholders

• Yes – the Strategy will guide how we ensure we are meeting our regulatory

responsibilities.

Legislation/Council Plan/Policy Context

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

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

healthy and sustainable futures - A green place for all

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

people can get around

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

generations.

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

conflicts of interests to declare.

Resolution

Moved Cr Jasmine Nguyen/Seconded Cr Bruce Lancashire

That Council:

a. Notes the Biodiversity Strategy and Habitat Connectivity Plan Review at

Attachment 1.

b. Notes that a new Biodiversity Strategy, which will incorporate the

Habitat Connectivity Plan, is in development and a draft will be presented

to the next Council for consideration to be released for community

consultation.

CARRIED

Community consultation commenced on 26 March 2024 and closed on 22 April 2024. The

process gave the community the opportunity to provide feedback on the draft Policy and

Guidelines and was promoted widely to the Brimbank community, including direct emails

to sports clubs on numerous occasions.

Matters for Consideration

Analysis

Council received 9 written submissions from community members during the community

consultation period.

Overall the feedback received reflects strong community support for the draft Sports

Facility Hire, Licences and Leases Agreement Policy 2024 with 6 community responses

supporting it and 3 undecided.

Some clarifications were requested regarding club’s facilities and their associated fees,

with Council officers proving clarifications as requested.

Following consideration of all submissions no changes were made to the Policy and

Guidelines.

A small number of grammatical and other minor changes were made based on a further

internal review of the draft policy and guidelines. Most notably providing clarity that the

policy does not apply to sports facilities managed in house by Council and that any

agreements with sports clubs using these facilities will be in line with industry standards.

Further detail on the community feedback received can be found at

Attachment 3

to

this report.

Implementation

Following adoption of the final Sports Facility Hire Licences and Leases Agreement Policy

and Guidelines, Council officers will work closely with Brimbank sports clubs who have a

lease or license with Council to implement the Policy including new fees and charges and

related discounts as set out within the Guidelines.

Community Engagement

The proposed draft Policy and associated draft guidelines were made available for a 4

week period for community consultation.

Brimbank Sports Clubs and relevant State Sporting Associations were notified and

invited to make submissions.

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The draft Policy and associated guidelines were made available on Council’s website, and

at Council’s libraries and customer service centres. In addition, all Brimbank sports clubs

were directly emailed on numerous occasions to ensure they were aware of the

opportunity to provide feedback.

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 adoption of the updated Policy with outline Councils commitment to ensure that

sports club contribute at the appropriate level to the operation of Councils sports

facilities whilst also showing the high level of support that Council provides to sports

clubs in providing participation opportunities to the Brimbank community.

Financial:

significant financial impacts

• The new Policy will result in a slight increase in income from sports clubs, with the final

amount determined by the final level of discounts achieved by clubs.

There are no Environmental, Regulatory or Safety risks.

Legislation/Council Plan/Policy Context

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

1. People and Community - A welcoming, safe and supported community - An

inclusive place for all

• Wellbeing and Belonging - Responsive services that support mental and physical

wellbeing

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

healthy and sustainable futures - A green place for all

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

people can get around

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



Sports Facility Development Plan

This report complies with the

.

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

conflicts of interests to declare.

Resolution

Moved Cr Sam David/Seconded Cr Victoria Borg

That Council:

Brimbank Council Meeting No. 634 18 June 2024

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a. Having considered submissions received on the draft Sports Facility Hire

Licences and Leases Agreement Policy 2024 (draft policy), adopts the

final draft Sports Facility Hire Licences and Leases Agreement Policy

2024 at Attachment 1 and associated final draft guidelines at Attachment

2 to this report.

b. Writes to submitters thanking them for their submissions on the draft

Sports Facility Hire Licences and Leases Agreement Policy 2024 and

advising of Council’s decision.

CARRIED

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13.11

Contract No. 24/3495 - Provision Of Kerbside Recyclables Processing

You tube

13.11

Contract No. 24/3495 - Provision of Kerbside

Recyclables Processing

Directorate

Infrastructure and City Services

Director

Chris Leivers

Manager

Tom Razmovski

Attachment(s)

1. CONFIDENTIAL REDACTED - Tender Evaluation Report

[

13.11.1

- 10 pages]

Purpose

For Council to consider awarding Contract No. 24/3495 - Provision of Kerbside

Recyclables Processing (Contract), for a five-year period.

Officer Recommendation

That Council:

a. Awards Contract No. 24/3495 - Provision of Kerbside Recyclables

Processing to Cleanaway Pty Ltd for an initial term of five (5) years

commencing 1 July 2024, for an estimated value of $20,114,926

(Including GST) in accordance with the tendered schedule of rates, with

the option to extend for three (3) further one (1) year period(s).

b. Authorises the Chief Executive Officer to sign Contract No. 24/3495 -

Provision of Kerbside Recyclables Processing.

c. Assigns the Chief Executive Officer delegated authority to approve the

Contract extension options of three (3) one (1) year periods, for an

estimated amount of $15,937,471 (Including GST), and for a maximum of

up to $20,000,000 (Including GST), in accordance with the tendered

schedule of rates, subject to the performance and competitive pricing of

the contractor.

d. Notes that $3,100,000 (excl. GST) has been allocated for the Contract in

the draft 2024/25 Budget and appropriate amounts will be allocated in

the budgets for subsequent years in order to cover the total maximum

spend.

Background

Council, at its Council Meeting on 19 November 2019, awarded Contract No. 20/2791 -

Ex: Recyclables Processing Service with Cleanaway Pty Ltd. The initial Contract was for a

19-month period with options to extend for a further three, one-year periods and will

conclude on 30 June 2024, with no further extension periods available.

The Contract forms part of the Operational Program approved by Council as part of the

Annual Budget 2024/2025.

The services under this Contract are to provide a materials processing and resource

recovery facility that can receive all recyclable materials delivered to the facility by

Council’s recyclables collection vehicles.

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Matters for Consideration

Analysis

The tender for the Contract was advertised on 23 March 2024 and closed on 18 April

2024.

Two (2) tenders were received. The conforming tender was assessed by the Tender

Evaluation Panel (TEP) against the evaluation criteria described in the tender documents.

The TEP considers Cleanaway Pty Ltd has the expertise and capacity to complete the

works under the Contract.

The Tender Evaluation Report is at

Confidential Attachment 1

.

Implementation

Subject to Council approval, the Contract will be implemented for a five-year period from

1 July 2024 to 30 June 2029.

Community Engagement

Consultation in relation to Kerbside Recyclables Processing was conducted as part of the

development of the Waste, Recycling and Litter Strategy 2018-2028 (Strategy).

Further consultation was undertaken with relevant Council departments to ensure the

Contract services align with, and best support community users and meet Council’s

requirements.

Collaboration

Collaboration was undertaken with the Recycling Victoria and its parent body the

Department of Energy, Environment and Climate Action (DEECA) in the development of

the Contract specifications and alignment with the State Government's circular economy

policy "

".

Resource And Risk Implications

The total estimated Contract spend over the five (5) year initial period is $20,114,926

(including GST).

The total estimated Contract spend for the extension options of three (3) one (1) year

periods is $15,937,471 (including GST), subject to the performance and competitive

pricing of the contractor.

The 2024/25 Budget has not yet been adopted although a budget provision for this

service of $3,100,000 (excl. GST) has been included in the draft budget for approval.

Community:

potential impact on community, including public trust and customer

service impact

• Yes – The provision of this service is considered an integral part of the suite of

Council’s waste and recycling collection services provided to residential properties.

Environmental:

impacts on environmental sustainability, including water/waste

management, climate change, and contaminated land

• Yes - The provision of this service is an integral part of the suite of Council’s waste and

recycling collection services provided to residential properties. The approach taken with

this Tender has been to seek to increase the level of material recovered and recycled

through this service.

Financial:

significant financial impacts

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• Yes - Budget expenditure is from Council funding; the Operational budget is subject to

Council approval. Refer to

Confidential Attachment 1

for financial impacts.

Regulatory:

legal, legislative or regulatory implications including the rights/obligations

of stakeholders

• Yes – The provision of this service is a key element of the Victorian Government's

circular economy policy, Recycling Victoria: a new economy.

There are no Regulatory 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 Procurement Policy and the

(

).

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

conflicts of interests to declare.

Resolution

Moved Cr Jasmine Nguyen/Seconded Cr Bruce Lancashire

That Council:

a. Awards Contract No. 24/3495 - Provision of Kerbside Recyclables

Processing to Cleanaway Pty Ltd for an initial term of five (5) years

commencing 1 July 2024, for an estimated value of $20,114,926

(Including GST) in accordance with the tendered schedule of rates, with

the option to extend for three (3) further one (1) year period(s).

b. Authorises the Chief Executive Officer to sign Contract No. 24/3495 -

Provision of Kerbside Recyclables Processing.

c. Assigns the Chief Executive Officer delegated authority to approve the

Contract extension options of three (3) one (1) year periods, for an

estimated amount of $15,937,471 (Including GST), and for a maximum of

up to $20,000,000 (Including GST), in accordance with the tendered

schedule of rates, subject to the performance and competitive pricing of

the contractor.

d. Notes that $3,100,000 (excl. GST) has been allocated for the Contract in

the draft 2024/25 Budget and appropriate amounts will be allocated in

the budgets for subsequent years in order to cover the total maximum

spend.

CARRIED

Brimbank Council Meeting No. 634 18 June 2024

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13.12

Contract No 19/2503 - Provision Of Pound And Animal Collection Services - Extension Of Contract

13.12

Contract No 19/2503 - Provision of Pound and Animal

Collection Services - Extension of Contract

Directorate

City Futures

Director

Kelvin Walsh

Manager

John Petroro

Attachment(s)

1. CONFIDENTIAL REDACTED - Extension Report Contract

No 19 2503 Provision of Pound and Animal Collection

[

13.12.1

- 2 pages]

2. CONFIDENTIAL REDACTED - Lost Dogs Home Schedule of

Rates From 1 July 2024 [

13.12.2

- 5 pages]

Purpose

For Council to consider an extension of Contract No 19/2503 Provision of Pound and

Animal Collection Services to The Lost Dogs Home, for final term of three years.

Officer Recommendation

That Council approves extension of Contract No. 19/2503 - Provision of Animal

Pound and Collection Services to The Lost Dogs Home for a second additional

period of three years to 30 June 2027, based on the agreed schedule of rates

and an estimated amount in the order of $5.2M.

Background

Contract No. 19/2503 - Provision of Pound and Animal Collection Services, was initially

approved by Council at the Council Meeting 19 June 2018 for a three-year period with an

option of two three-year extension to be awarded at Council’s sole discretion. This report

recommends taking up the second three-year period Contract extension.

The Contract is due to expire 30 June 2024. The Contract consists of a lump sum

component and a schedule of rates (

Confidential Attachment 2

).

The services under this Contract allow Council to meet its legislative requirements to

accommodate the number of animals collected. The Lost Dogs home has provided the

services and facilities under the existing contract since June 2018.

The Contract is based on a schedule of rates where the incumbent has increased their

rates for cat and dog collection by 18 per cent for financial year 2024/25 and

subsequently for year five and six of the contract, rates will increase in accordance with

CPI which is estimated to be an additional 5 per cent.

Matters for Consideration

This report is presented to Council to consider the Contract extension assessment and

recommendation to extend the Contract for a further three-year period. Based on this,

and the information contained in the

Confidential Attachment 1

, it is recommended

that Council extends the Contract to The Lost Dogs Home for an additional three-year

period at the agreed lump sum and schedule of rates to 30 June 2027.

Based on the past performance of the current provider, which has met Council’s needs to

a high level and limited alternative service providers, it is recommended that Council

extend the Contract for a second period of three years, being the final term possible

extension period within the Contract.

Brimbank Council Meeting No. 634 18 June 2024

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Implementation

Subject to Council approval, the Contract will be implemented for an additional three

year period from 1 July 2024 to 30 June 2027.

Community Engagement

Not applicable. No community engagement required.

Resource And Risk Implications

The cost for the Extension of Contract 19/2503 Provision of Animal Pound and Collection

Services for Financial years 2024/2025, 2025/2026 and 2026/2027 in the order of $5.2M

will need to be referred to Council’s annual budget process for consideration.

Community:

potential impact on community, including public trust and customer

service impact

• Yes - This is a long-standing and well-utilised service provided to residents.

Financial:

significant financial impacts

• Yes - Budget expenditure is from Council funding; the Operational budget is subject to

Council approval.

Regulatory:

legal, legislative or regulatory implications including the rights/obligations

of stakeholders

• Yes - Council has a statutory obligation to provide animal management services under

the

Services provided by this contract represents a key

component in councils ability to provide the service.

Safety

: health, safety or duty of care impacts

• Yes - Council has a duty of care under the

to provide this

service.

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 Procurement Policy and the

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

conflicts of interests to declare.

Brimbank Council Meeting No. 634 18 June 2024

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Resolution

Moved Cr Sam David/Seconded Cr Bruce Lancashire

That Council approves extension of Contract No. 19/2503 - Provision of Animal

Pound and Collection Services to The Lost Dogs Home for a second additional

period of three years to 30 June 2027, based on the agreed schedule of rates

and an estimated amount in the order of $5.2M.

CARRIED

Brimbank Council Meeting No. 634 18 June 2024

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13.13

Response To Preliminary Views Of Governance Issues At Brimbank City Council

13.13

Response to Preliminary Views of Governance Issues at

Brimbank City Council

Directorate

People, Partnerships and Performance

Director

Georgie Hill

Manager

Danny Bilaver

Attachment(s)

1. Letter from Minister Melissa Horne MP to Brimbank City

Council [

13.13.1

- 3 pages]

2. Letter to The Hon Melissa Horne MP RE Response to

Preliminary Views of Governance Issues at Brimbank

[

13.13.2

- 6 pages]

Purpose

For Council to endorse the response to a letter from the Minister Local Government,

Melissa Horne MP, dated 28 May 2024 regarding the preliminary views of governance

issues observed by the municipal monitors to Brimbank City Council.

Recommendation

That Council endorses the response to the letter dated 28 May 2024 from the

Minister for Local Government Melissa Horne MP regarding preliminary views of

governance issues at Brimbank City Council, including its commitment to the 10

Point Plan, at Attachment 2 to this report.

Background

Council received a letter from Minister Melissa Horne MP dated 28 May 2024 regarding

the preliminary views of governance issues observed by the Municipal Monitors to

Brimbank City Council

(Attachment 1)

. The letter requested a response on the issues

outlined in the letter and a written commitment to the 10 Point Plan by 30 June 2024.

Matters for Consideration

The Municipal Monitors were appointed to Brimbank City Council on 12 February 2024 to

31 December 2024, and have been working closely with Councillors and the Executive

Leadership Team.

The letter from the Minister raised serious concerns in relation to the Council’s ability to

provide good governance to the Brimbank community, including:



failures to give effect to the overarching governance principles in section 9(2) of

the

(

).



failures to take into account the supporting principles in section 9 (3) of



failures by councillors to perform their role in accordance with section 28 of



behaviour that may be inconsistent with the Standards of Conduct in the

Council’s Councillor Code of Conduct.

The Minister has asked for Council to provide a response by 30 June 2024, on the action

that will be taken to address and remedy these concerns.

A response to the letter from the Minister has been drafted at

Attachment 2

for

Council’s consideration and endorsement. The response letter includes Council’s

commitment to advancing the 10 Point Plan.

Brimbank Council Meeting No. 634 18 June 2024

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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:

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.

Resolution

Moved Cr Jasmine Nguyen/Seconded Cr Victoria Borg

That Council endorses the response to the letter dated 28 May 2024 from the

Minister for Local Government Melissa Horne MP regarding preliminary views of

governance issues at Brimbank City Council, including its commitment to the 10

Point Plan, at Attachment 2 to this report.

CARRIED

Brimbank Council Meeting No. 634 18 June 2024

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14 Notices Of Motion

Nil.

15 Notices Of Rescission

Nil.

16 Urgent Business

Nil.

17 Confidential Business

Resolution

Moved Cr Sam David/Seconded Cr Jasmine Nguyen

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 the consideration of Confidential Report 17.1

which is classified as confidential as it relates to Information prescribed by the

regulations to be confidential information for the purposes of this definition

(s 3(1)(k) of the

), and is the last item for

consideration at the meeting.

CARRIED