Ordinary Council Meeting Minutes

Meeting No. 392

Tuesday 8 September 2015 Commenced at 7pm

Keilor Municipal Offices Old Calder Highway Keilor

TRIM Reference: DA/15/30

Welcome to this Council Meeting

The purpose of this meeting is for Council to make decisions on matters that affect the City. Matters Council will consider at this meeting are listed in this Agenda.

The Governance (Meeting Procedure) Local Law No. 1 2015, sets out the way Council Meetings run and the conduct expected of the Council and members of the public.

Council Meetings are open to members of the public to attend and observe proceedings. Members of the public must ensure their conduct or behaviour does not interfere with the running of the Council Meeting.

Members of the public (including media) wishing to record a Council Meeting (audio or video) must seek approval from the Chair prior to the meeting. Only if the Chair grants permission is recording allowed, and the Chair will advise everyone in attendance (for privacy reasons).

The Council

A Panel of Administrators appointed by the State Government form the Council and have the authority to make decisions in the best interests of the .

The Chair of the Panel of Administrators performs the functions, powers and duties of the Mayor of Brimbank City Council.

Panel of Administrators: • Chair, Mr John Watson • Administrator, Mrs Jane Nathan • Administrator, Mr John Tanner

The Chair is responsible for ensuring Council Meetings are run in accordance with the Governance (Meeting Procedure) Local Law No. 1 2015.

Voting

For each decision Council makes, a Councillor will first propose (move) a motion. The motion must be seconded by another Councillor before it can be discussed and decided on. Voting on a motion is always by a show of hands.

Council Meetings will generally follow the order below:

Opening (including Acknowledgement of Country)

At the start of each meeting, the Chair will welcome everyone in attendance, pay Council’s respects to the traditional owners of the land, and restate Council’s Commitment to act in the best interests of the Brimbank community, make decisions fairly and without bias and uphold all obligations under State and Local laws.

Apologies / Leave of Absence

It is expected that Councillors will attend all Council and Special Committee meetings to participate in the Council decision making process. There may be times a Councillor is not able to attend a meeting, and may submit an apology for that meeting by advising the Mayor or Chair.

When a Councillor is absent for a longer period of time, they will request a Leave of Absence, which must be approved by Council. The Chair will note any Leaves of Absence at subsequent Council Meetings.

Disclosure of Conflicts of Interest

Councillors are required to disclose any conflict of interest as well as the reasons for that conflict. If a Councillor has disclosed a conflict of interest, they must leave the meeting prior to any discussion or vote on the matter, and will only return to the Council Meeting when the matter has been decided.

In practical terms, Councillors are asked to flag their intent to disclose a conflict of interest at the start of the meeting when asked by the Chair. They will also restate any conflict of interest, including the type and nature, immediately prior to the relevant item on the Agenda.

Designation of Items as Confidential

In order for Council to make an informed decision on a matter, sometimes supporting written information is provided that is inappropriate to be released publicly, for example, information that is Commercial In Confidence.

Council may resolve to declare any relevant documents as confidential, in accordance with Section 89(2) of the Local Government Act 1989.

Confirmation of Minutes of Previous Meetings

Council is required to confirm the accuracy of the Minutes of previous Council Meetings.

Condolences / Congratulations

The Chair may convey any civic condolences, highlight any achievements or extend congratulations on behalf of Council.

Public Question Time

For each Ordinary Council Meeting, there is an opportunity for the members of the public to submit questions to the Council. There is a limit of two (2) questions per person, per meeting. Questions must be submitted in writing by 12 noon on the day of the meeting, and must be related to the responsibilities of Council and worded respectfully. Members of the public who have submitted questions must be present at Public Question Time, for their question to be read and responded to.

A Council officer will read questions submitted in accordance with the Governance (Meeting Procedure) Local Law No. 1 2015, and the Chair will decide who responds. There will be times when a question cannot be answered at the meeting. In these situations, the question will be ‘taken on notice’ and a written response will be provided within five (5) business days.

Petitions

Petitioning is a long-established process for members of the community to make a request or present their views on a matter directly to Council. Petitions must be received five (5) business days prior to the Council Meeting so the matter can be included in the Agenda. Any petitions handed to Councillors or Council staff at a Council Meeting will be presented to the next Ordinary Council Meeting.

Minutes/Reports of Special Committees

If Council has established special committees under section 86 of the Local Government Act 1989, these committees must report on their activities to Council. The usual practice for these reports is for the Minutes of the Special Committee Meeting to be presented.

Officer Reports

The reports in this Agenda are written by Council officers based on their best professional advice. Reports contain background, analysis of issues, relevant legal and financial implications and an officer recommendation on the matter for Council to consider.

Notices of Motion

A Notice of Motion is a motion that a Councillor wants to put to the Council for their consideration on a particular matter. These motions appear in the Agenda without an Officer Report.

Rescission Motions

A Rescission Motion is a motion that a Councillor wants to put to the Council to consider reversing a previous Council decision on a matter. Usually a Councillor will propose a different motion for Council to consider. There may be times where a Council officer will recommend to Council that it rescinds a previous decision. This will be included in an Officer Report.

Urgent Business

If a matter has arisen since the distribution of the Agenda that requires a decision of Council, and cannot be deferred until the next Ordinary Council Meeting, it may be admitted as an item of urgent business. This may only happen if deferring consideration of the matter would have a negative impact on the Council, the municipality or the local community.

Council must first decide to accept an item of urgent business before the matter itself can be discussed or considered.

Confidential Business

Sometimes Council will need to close the meeting to members of the public, to consider confidential Officer Reports. The decision to close the meeting to the members of the public may only be made in accordance with section 89 of the Local Government Act 1989. Members of the public are then required to leave the meeting, but are able to return once the confidential item has been decided.

Closing

The Chair will thank everyone for attending and formally close the Council Meeting.

Next meeting

Tuesday 22 September 2015, at 7pm.

Council Chamber, Municipal Offices, 6-18 Alexandra Avenue, Sunshine

Council

Mr John Watson Chair of Panel of Administrators Mrs Jane Nathan Administrator Mr John Tanner Administrator

Executive Management Team

Mr Bill Jaboor Chief Executive Officer Mr Stuart Menzies Director City Development Ms Helen Morrissey Director Corporate and Community Relations Mr Neil Whiteside Director Community Wellbeing Mr Paul Younis Director Infrastructure and Environment

Governance Team

Ms Melanie Fleer Governance Manager Council Business Officer

Table of Contents

1. Opening (including Acknowledgement of Country) 13191 2. Council Commitment 13191 3. Apologies/Leave of Absence 13191 4. Disclosure of Conflicts of Interest 13191 5. Designation of Items as Confidential 13191 6. Confirmation of Minutes of Previous Meetings 13192 7. Condolences 13192 8. Congratulations 13192 9. Public Question Time 13192 10. Petitions 13193 11. Minutes/Reports of Special Committees 13193 12. Officer Reports

Report 12.1 - Brimbank Planning Scheme Amendment C130 – 129–131 Durham Road, Sunshine 13194 Report 12.2 – Delegates’ and Representatives’ Reports 13197 Report 12.3 – Financial Statements 2014-2015 and Performance Statement 2014-2015 13200 Report 12.4 – Governance and Management Checklist 2014-2015 13206 Report 12.5 - Assemblies of Council Report 13208 Report 12.6 - Proposed Sale of Land at 5 McCoubrie Avenue, Sunshine West 13211 Report 12.7 - Proposed Sale of Land at 541, 545 and 547 Melton Highway, Sydenham 13217 Report 12.8 – Final Draft Ardeer Green Activity Hub Master Plan: Cycle Sports Facilities 2015 13221 Report 12.9 – Objection to Planning Permit Application PA2015/4807 - Boral Deer Park Quarry, Riding Boundary Road, Deer Park () 13224 Report 12.10 – Brimbank Social Justice Coalition Update – September 2015 13227 Report 12.11 - Tender Report for Contract No. 16/2056 - Churchill Reserve, St Albans, Soccer Pitch 3 – Sports Ground Reconstruction 13230 Report 12.12 – Tender Report for Contract No. 16/2025 – Adams Street and Disraeli Street, St Albans, Road Rehabilitation 13232

13. Notices of Motion 13234 14. Rescission Motions 13234 15. Urgent Business 13234 16. Confidential Business 13234

Brimbank City Council Ordinary Council Meeting Minutes 13191

Order of Business

Chair, Mr John Watson, opened the meeting at 7pm.

1. Opening (including Acknowledgement of Country)

Chair, Mr John Watson, on behalf of the Brimbank City Council, acknowledged the traditional custodians of this land, the Wurundjeri people, and paid respects to elders past and present.

2. Council Commitment

Chair, Mr John Watson, 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 and Council’s local laws, and will act in accordance with our Code of Conduct.

Chair, Mr John Watson, welcomed former Mayor of the City of Sunshine, Marion Martin, and former Mayor of the City of Brimbank, Sam David, in attendance. He also welcomed the independent Chair of Council’s Audit and Risk Management Committee, Mr Michael Beer.

3. Apologies/Leave of Absence

Nil.

4. Disclosure of Conflicts of Interest

Nil.

5. Designation of Items as Confidential

Confidential Attachments

Report 12.11: Tender Report for Contract No. 16/2056 - Churchill Reserve, St Albans, Soccer Pitch 3 – Sports Ground Reconstruction

Report 12.12: Tender Report for Contract No. 16/2025 – Adams Street and Disraeli Street, St Albans, Road Rehabilitation

Resolution

Moved Mrs Nathan / Seconded Mr Tanner

That Council notes and declares confidential, the attachments to Report 12.11 - Tender Report for Contract No. 16/2056 - Churchill Reserve, St Albans, Soccer Pitch 3 – Sports Ground Reconstruction, and Report 12.12 Tender Report for Contract No. 16/2025 – Adams Street and Disraeli Street, St Albans, Road Rehabilitation, pursuant to section 77(2)(b) of the Local Government Act 1989, on the grounds that they relate to contractual matters, as prescribed by section 89(2)(d) of the Local Government Act 1989. Carried

Meeting No. 392 8 September 2015 Brimbank City Council Ordinary Council Meeting Minutes 13192

6. Confirmation of Minutes of Previous Meetings

Resolution

Moved Mrs Nathan / Seconded Mr Tanner

That the Minutes of Ordinary Council Meeting No. 391, held on Tuesday 25 August 2015, be confirmed. Carried

7. Condolences

7.1 Condolences for City of Melton Mayor, Sophie Ramsey

Resolution

Moved Mrs Nathan / Seconded Mr Tanner

That Council extends its condolences and sends a letter to the City of Melton Mayor, Sophie Ramsey, and family, on the passing of her daughter, Samantha Ramsey. Carried

8. Congratulations

8.1 Western Bulldogs Football Club

Resolution

Moved Mrs Nathan / Seconded Mr Tanner

That Council congratulates the Western Bulldogs Football Club on its success in making the 2015 AFL finals. Carried

9. Public Question Time

Question 1 (P40/2015) R. Caruana

The first question related to a previous question submitted to the 25 August 2015 Ordinary Council Meeting, which was disallowed by the Chair, as it was a matter outside the duties and powers of Council. The Chair determined that as the question related to a suggestion that cat faeces is related to causing cancer, it was clearly a matter outside the responsibility of Council, and disallowed the question.

2. I would like Council to revisit the issue of a resident (neighbour) having countless number of cats and dogs as up to date, there is no evidence that this issue has been addressed; as the problem continues (Public Health and Wellbeing Act 2008 – Nuisance clause).

Meeting No. 392 8 September 2015 Brimbank City Council Ordinary Council Meeting Minutes 13193

Answer Mr Stuart Menzies, Director City Development, advised that Council’s Animal Management Officer had visited the neighbouring property on 26 August 2015, and was satisfied all animals there were registered pets. Mr Menzies said the condition of the property at that time, was discussed with Council’s Environmental Health Officer again on 8 September 2015, and the officer did not believe a 'Nuisance' provision of the Public Health and Wellbeing Act 2008, had been breached.

10. Petitions

Nil.

11. Minutes/Reports of Special Committees

Nil.

12. Officer Reports (Reports 12.1 – 12.12 follow)

Meeting No. 392 8 September 2015 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13194

Report 12.1 - Brimbank Planning Scheme Amendment C130 – 129–131 Durham Road, Sunshine

Directorate: City Development Director: Stuart Menzies Policy: Planning and Environment Act 1987, Brimbank Planning Scheme, Brimbank Heritage Strategy 2013 Attachments: 1. Brimbank Heritage Gaps Report 2015 – 129-131 Durham Road, Sunshine 2. Brimbank Planning Scheme Amendment C130 Assessment Report 3. Explanatory Report

Purpose

For Council to consider the preparation and exhibition of Brimbank Planning Scheme Amendment C130 (Amendment C130) to include 129–131 Durham Road, Sunshine (Headlie Taylor House), to the Heritage Overlay Schedule as an individual significant building.

Report

1. Background

The Brimbank Heritage Strategy 2013 recommends ongoing work to identify and preserve heritage sites through preparation of heritage gaps reports and identification of heritage anomalies in the Brimbank Planning Scheme (the Planning Scheme).

Brimbank Planning Scheme Amendment C167 (Amendment C167) was the most recent Planning Scheme Amendment that implemented findings of a Heritage Gaps Report. Amendment C167 was adopted by Council at its Ordinary Council Meeting on 26 August 2014. The Amendment did not propose the individual listing of Headlie Taylor House within the Heritage Overlay as, at that time, the property was the subject of a planning permit application for its demolition. It was also noted that the property was already in Heritage Overlay Schedule 23 (HO23) as a contributory building within the precinct.

A planning permit application for demolition and construction of six (6) dwellings at 129– 131 Durham Road, Sunshine has recently been refused.

On this basis, Amendment C130 proposes to amend the schedule to clause 43.01 in the Planning Scheme, to include the Headlie Taylor House to the Heritage Overlay Schedule (HO151) as an individual significant building.

2. Consultation

It is proposed Amendment C130 is exhibited in accordance with Section 19 of the Planning and Environment Act 1987 (the Act), which will include: • The publication of a notice in a newspaper generally circulating in the area • A notice in the Victoria Government Gazette, and • Notices to land owners and occupiers potentially affected by the proposed Amendment, including relevant authorities, prescribed parties and local heritage groups.

The Brimbank Heritage Advisory Committee has been informed about the proposed Amendment C130.

Meeting No. 392 8 September 2015 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13195

Report 12.1 - Brimbank Planning Scheme Amendment C130 – 129–131 Durham Road, Sunshine (continued)

3. Analysis

Council officers have reviewed the heritage citation for the Headlie Taylor House, and concluded that in addition to its inclusion in HO23, it should also be listed within HO151 to further recognise its individual heritage significance, consistent with the recommendation of the Heritage Gaps Report 2014.

The Heritage Gaps Report 2014 formed the basis for Amendment C167, and highlighted the property’s heritage significance due to:

“…its close and long-term associations with Headlie Taylor, who is one of Sunshine’s most famous former residents, as an agricultural machinery designer brought to the Harvester Factory in 1916 to supervise the production of his patented Header Harvester. He was also an important member of the local community and served as a director of the Sunshine Employees' Trust Ltd and was a member of the council of the Sunshine Technical School.

The property is also of historical significance as the former home of the Sunshine Boys’ Hostel and other social-welfare services. It was one of a number of new facilities created in 1959 by the Department of Children’s Welfare to relieve overcrowding in their Royal Park ‘reception centre’”.

The strategic justification supporting Amendment C130 includes the Brimbank Heritage Gaps Report 2015 for 129-131 Durham Road, Sunshine (at Attachment 1 to this report) supporting the individual heritage listing, the Planning Scheme Amendment C130 Assessment Report (Assessment Report) (at Attachment 2 to this report), and the Explanatory Report (at Attachment 3 to this report).

The Assessment Report concludes Amendment C130 is supported by the Act, State Planning Policy Framework, and the Planning Scheme. The Assessment Report highlights that while the decision guidelines for assessing the demolition of heritage buildings is the same for heritage precincts and individually significant heritage buildings, its individual listing is important, as the statement of significance and heritage control will correctly identify the heritage significance of the building and can be considered in any future planning permit application.

4. Resource Implications

The resources to prepare Amendment C130 can be met within Council’s 2015/2016 Annual Budget.

5. Compliance Statement

This report has been prepared in accordance with Part 1A and Part 3, Division 1 of the Act, and is consistent with the Council Plan 2013–2017.

6. Officer Recommendation

That Council: a. Notes the Brimbank Heritage Gaps Report 2015 – 129-131 Durham Road, Sunshine, at Attachment 1 to this report.

Meeting No. 392 8 September 2015 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13196

Report 12.1 - Brimbank Planning Scheme Amendment C130 – 129–131 Durham Road, Sunshine (continued) b. Requests authorisation from the Minister of Planning, under Section 8A (3) of the Planning and Environment Act 1987, to prepare Amendment C130 to the Brimbank Planning Scheme to include 129–131 Durham Road, Sunshine, to the Heritage Overlay Schedule as an individual significant building, in accordance with Attachment 2 to this report.

c. Prepares and exhibits Amendment C130 to the Brimbank Planning Scheme to include 129–131 Durham Road, Sunshine, to the Heritage Overlay Schedule as an individual significant building, in accordance with Attachment 3 to this report.

Resolution

Moved Mrs Nathan / Seconded Mr Tanner

That Council:

a. Notes the Brimbank Heritage Gaps Report 2015 – 129-131 Durham Road, Sunshine, at Attachment 1 to this report.

b. Requests authorisation from the Minister of Planning, under Section 8A (3) of the Planning and Environment Act 1987, to prepare Amendment C130 to the Brimbank Planning Scheme to include 129–131 Durham Road, Sunshine, to the Heritage Overlay Schedule as an individual significant building, in accordance with Attachment 2 to this report. c. Prepares and exhibits Amendment C130 to the Brimbank Planning Scheme to include 129–131 Durham Road, Sunshine, to the Heritage Overlay Schedule as an individual significant building, in accordance with Attachment 3 to this report. Carried

Meeting No. 392 8 September 2015 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13197

Report 12.2 – Delegates’ and Representatives’ Reports

Directorate: Corporate and Community Relations Director: Helen Morrissey Policy: Local Government Act 1989, Governance Framework 2012 Attachments: 1. Metropolitan Transport Forum Delegate’s Report 2. Brooklyn Community Reference Group Meeting Delegate’s Report 3. Heritage Advisory Committee Meeting Council Representative’s Report 4. Audit & Risk Management Committee Meeting Council Representative’s Report

Purpose

To note the Council Representatives’ and Delegates’ reports for committee meetings held on 1 July, 22 July, 26 August and 28 August 2015, and consider the recommendations from the Audit and Risk Management Committee.

Report

1. Background

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 delegates and representatives to these committees annually.

The role, as the delegate or Council representative on these committees, is to represent the position of Council, and where appropriate, report back to Council at an Ordinary Council Meeting on the issues or progress of the committees, and any recommendations made by the committees.

2. Consultation

Not applicable.

3. Analysis

The following meetings were attended from 1 July 2015 to 28 August 2015:

Delegate/ Name of Committee Date Representative

Metropolitan Transport Forum 1 July 2015 John Tanner

Brooklyn Community Reference Group 22 July 2015 Jane Nathan

Heritage Advisory Committee 26 August 2015 Jane Nathan

Audit and Risk Management Committee 28 August 2015 John Watson

The Council Delegates’ and Council Representatives’ reports for these meetings are at Attachments 1 to 4 to this report.

Meeting No. 392 8 September 2015 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13198

Report 12.2 – Delegates’ and Representatives’ Reports (continued)

There were five (5) recommendations from the Audit and Risk Management Committee to be presented to Council for consideration: • That Council approves ‘in principle’ the 2014-2015 Financial Statements and Performance Statement, subject to any further changes required by the Auditor. • That Council approves the 2014-2015 Governance and Management Checklist. • That Council notes the Audit and Risk Management Committee Annual Report 2014- 2015 (at Attachment 4 – 1B to this report). • That Council adopts the draft Audit and Risk Management Committee Charter 2015 (at Attachment 4 – 1C to this report). • That Council adopts the draft Risk Management Policy 2015 (at Attachment 4 – 1A to this report).

4. Resource Implications

There are no resource implications.

5. Compliance Statement

The reporting back from committees, through a delegate’s or Council representative’s report, complies with Council’s resolution in respect to Council representation on committees.

6. Officer Recommendation

That Council:

a. Notes the Council Representatives’ and Delegates’ Reports for the:

• Metropolitan Transport Forum held on 1 July 2015, at Attachment 1 to this report. • Brooklyn Community Reference Group meeting held on 22 July 2015, at Attachment 2 to this report. • Heritage Advisory Committee meeting held on 26 August 2015, at Attachment 3 to this report. • Audit and Risk Management Committee meeting held on 28 August 2015, at Attachment 4 to this report.

b. In accordance with the recommendations of the Audit and Risk Management Committee:

• Notes the Audit and Risk Management Committee’s recommendation for Council to approve ‘in principle’ the 2014-2015 Financial Statements and Performance Statement, subject to any further changes required by the Auditor. • Notes the Audit and Risk Management Committee’s recommendation for Council to approve the 2014-2015 Governance and Management Checklist. • Adopts the draft Risk Management Policy 2015 (at Attachment 4 – 1A to this report).

Meeting No. 392 8 September 2015 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13199

Report 12.2 – Delegates’ and Representatives’ Reports (continued)

• Notes the Audit and Risk Management Committee Annual Report 2014-2015 (at Attachment 4 – 1B to this report). • Adopts the draft Audit and Risk Management Committee Charter 2015 (at Attachment 4 – 1C to this report).

Resolution

Moved Mr Tanner / Seconded Mrs Nathan

That Council:

a. Notes the Council Representatives’ and Delegates’ Reports for the:

• Metropolitan Transport Forum held on 1 July 2015, at Attachment 1 to this report. • Brooklyn Community Reference Group meeting held on 22 July 2015, at Attachment 2 to this report. • Heritage Advisory Committee meeting held on 26 August 2015, at Attachment 3 to this report. • Audit and Risk Management Committee meeting held on 28 August 2015, at Attachment 4 to this report. b. In accordance with the recommendations of the Audit and Risk Management Committee:

• Notes the Audit and Risk Management Committee’s recommendation for Council to approve ‘in principle’ the 2014-2015 Financial Statements and Performance Statement, subject to any further changes required by the Auditor. • Notes the Audit and Risk Management Committee’s recommendation for Council to approve the 2014-2015 Governance and Management Checklist. • Adopts the draft Risk Management Policy 2015 (at Attachment 4 – 1A to this report). • Notes the Audit and Risk Management Committee Annual Report 2014- 2015 (at Attachment 4 – 1B to this report). • Adopts the draft Audit and Risk Management Committee Charter 2015 (at Attachment 4 – 1C to this report). Carried

Meeting No. 392 8 September 2015 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13200

Report 12.3 – Financial Statements 2014-2015 and Performance Statement 2014-2015

Directorate: Corporate and Community Relations Director: Helen Morrissey Policy: Local Government Act 1989, Local Government (Planning and Reporting) Regulations 2014, Australian Accounting Standards Attachments: 1. Financial Statements 2014-2015 2. Performance Statement 2014-2015

Purpose

For Council to consider, in principle, the Financial Statements 2014-2015 and Performance Statement 2014-2015, prior to forwarding the statements to the Victorian Auditor General.

Report

1. Background

The Local Government Act 1989 (the Act) states that Council must prepare an annual report in respect of each financial year, and it must contain a report of operations, an audited performance statement and audited financial statements. Council must submit the performance statement and financial statements in their finalised form, to the Auditor for auditing as soon as possible after the end of the financial year, and then the Council, after passing a resolution giving its approval in principle to the performance statement and financial statements, must submit the statements to the Auditor for reporting on the audit.

The Auditor must prepare a report on the performance statement and financial statements and provide these to the Council within four (4) weeks, and give a copy of the report to the Minister for Local Government. The Auditor must not sign the audit reports unless the performance statement or the financial statements, in their final form after any changes recommended or agreed by the Auditor have been made, are certified in accordance with the Local Government (Planning and Reporting) Regulations 2014 (the Regulations) by two (2) Councillors authorised by the Council, the Chief Executive Officer and the Principal Accounting Officer.

The Audit and Risk Management Committee (ARMC) Charter requires it to review the annual financial report and consider whether it is complete, open and transparent, consistent with information known to the ARMC members, and reflects appropriate accounting principles. The ARMC reviewed the draft Financial Statements and Performance Statement 2014-2015 at its meeting on 28 August 2015. The ARMC is satisfied with the comments of management and the Auditor, and recommends Council approve ‘in principle’ the statements for 2014-2015.

2. Consultation

Not applicable.

3. Analysis

Audited Statements Preparation The 2014-2015 year is the first reporting year where the Annual Report is required to be prepared in accordance with changes to the Act and Regulations (which applied from 1 July 2014).

Meeting No. 392 8 September 2015 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13201

Report 12.3 – Financial Statements 2014-2015 and Performance Statement 2014-2015 (continued)

The main changes impacting on the preparation of the audited statements are: • The Standard Statements have been removed and the comparison of actual with budgeted income and expenditure in the Comprehensive Income Statement, and actual with budgeted capital expenditure in the Statement of Capital Works (including an explanation of any material variations), has been included in the notes to the Financial Statements • The Financial Statements must be prepared in accordance with the Local Government Model Financial Report published annually by Local Government Victoria (LGV). This has resulted in some changes to the format of the financial statements, in particular, the classification of income and expenses in the Comprehensive Income Statement, and the inclusion of a Statement of Capital Works • The Performance Statement must now contain the results of the prescribed indicators and measures of service performance, financial performance and sustainable capacity, as well as a description of the municipality and explanation of any material variations in the results.

Financial Statements

Disclosures The Financial Statements are a general purpose financial report that consist of a Comprehensive Income Statement, Balance Sheet, Statement of Changes in Equity, Statement of Cash Flows, Statement of Capital Works and notes accompanying these financial statements. The Financial Statements have been prepared in accordance with the Australian Accounting Standards, other authoritative pronouncements of the Australian Accounting Standards Board, the Act and Regulations. They have also been prepared in accordance with the Local Government Model Financial Report.

Some of the more significant matters affecting the disclosures in the Financial Statements 2014-2015 are: • Land under roads: In line with advice from LGV, it is expected all land under roads will be recognised at fair value, following a transition period. In accordance with LGV circular 29/2014, an extension to the transition period has been approved, and councils are now expected to be compliant for their 2017-2018 financial statements. In the interim, councils can continue to elect to account for all land under roads in accordance with one of four (4) options provided under AASB 1051. Council has elected to recognise land under roads acquired after 1 July 2008 at their discounted value • Statement of capital works: The Regulations require the financial statements to contain a statement of capital works. The statement of capital works is to detail all amounts expended by Council on capital works. All asset classifications should be in line with those detailed in Local Government: Accounting for Non-Current Physical Assets Under AASB 116 – A Guide. The asset classifications must also be consistent throughout the financial report • Comparison of actual performance against budget: The Regulations require the notes to the Financial Statements to include a comparison of actual with budgeted income and expenditure in the Comprehensive Income Statement, and actual with budgeted capital expenditure in the Statement of Capital Works (including an explanation of any material variations). Each council must set and disclose a threshold for the inclusion of information relating to variances from budgeted amounts

Meeting No. 392 8 September 2015 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13202

Report 12.3 – Financial Statements 2014-2015 and Performance Statement 2014-2015 (continued)

• Related party transactions: LGV issued a Related Party Disclosures Guidance Note (May 2015) for use by councils in meeting their reporting obligations for related party transactions. The main change is that a responsible person is now defined as ‘a Councillor and Chief Executive Officer, and anyone else who occupies or acts in those positions at any time during the year’.

Other matters affecting the results for 2014-2015 are: • Financial Assistance Grants totalling $6.9 million were received from the State Government in 2014-2015, relating to the first and second quarter of 2015-2016. As Council must recognise these grants as revenue when it gains control over the contribution, this has resulted in a $6.9 million increase in the operating result of Council for 2014-2015 • Open space assets were revalued during 2014-2015. The impact of the revaluation was to increase Property, Infrastructure, Plant and Equipment by $19.6 million, and the Revaluation Reserve by the same amount • A Loan Repayment Reserve was established during 2014-2015, and $1.6 million transferred to the reserve as at 30 June 2015. The purpose of the reserve is to set aside funds to pay off the principal component of interest only loans at maturity. Council is forecasting to have $55.0 million of interest only loans by 2016-2017, with a significant portion used to fund the construction of the Brimbank Community and Civic Centre.

Results The Comprehensive Income Statement shows that for the year ended 30 June 2015, Council achieved an operating surplus of $31.3 million, which was a $25.9 million increase over the result for 2013-2014. It was also $7.0 million greater than the budgeted result. The total comprehensive result was $51.0 million, which included a revaluation increment of $19.6 million.

The Balance Sheet shows that as at 30 June 2015, net current assets (working capital) was $38.9 million, and net assets was $1.6 billion. This was an increase of $43.7 million and $51.0 million over 2013-2014 respectively.

The Statement of Cash Flows shows that for the year ended 30 June 2015, Council achieved a net increase in cash of $14.8 million, and total cash at the end of the year of $51.0 million. The net increase in cash for 2013-2014 was $15.1 million.

The Statement of Capital Works shows that for the year ended 30 June 2015, Council achieved total capital works of $51.0 million, with $16.0 million of incomplete works to be carried forward into 2015-2016. Total capital works consisted of $26.75 million of new works, $16.95 million of asset renewal and $7.30 million of asset upgrade.

The Financial Statements 2014-2015 is at Attachment 1 to this report.

Meeting No. 392 8 September 2015 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13203

Report 12.3 – Financial Statements 2014-2015 and Performance Statement 2014-2015 (continued)

Performance Statement

Disclosures The Performance Statement has been prepared to meet the requirements of the Act and Regulations. Where applicable, the results in the Performance Statement have been prepared on an accounting basis, consistent with those reported in the Financial Statements. The other results are based on information drawn from Council information systems or third parties (for example, Australian Bureau of Statistics). The Performance Statement presents the actual results for the current year, and for the prescribed financial performance indicators and measures. The forecast figures included in the Performance Statement are based on the Council’s Strategic Resource Plan, which forms part of the Council Plan 2013-2017 (Updated 2015). The Strategic Resource Plan includes estimates based on key assumptions about the future, aimed at achieving sustainability over the long term.

Results The Performance Statement contains the actual results for 2014-2015 for the 30 prescribed indicators and measures, including 12 for service performance, 12 for financial performance and six (6) for sustainable capacity. It also includes the forecast results for the 2015-2018 years for the financial performance indicators and measures based on the Strategic Resource Plan.

As this is the first time the Performance Statement has been prepared in accordance with the revised legislation, it does not include the actual results for the preceding three (3) financial years. Commentary has been provided for each of the indicators. Council has adopted materiality thresholds relevant to each indicator. In addition to the audited Performance Statement, the results for a range of other indicators are reported in the Report of Operations as part of the Annual Report.

The Performance Statement 2014-2015 is at Attachment 2 to this report.

4. Resource Implications

There are no resource implications in the preparation of the Financial Statements 2014- 2015 and Performance Statement 2014-2015.

5. Compliance Statement

This report has been prepared in accordance with the Act and Regulations.

6. Officer Recommendation

That Council: a. Approves, in principle, the Financial Statements 2014-2015, at Attachment 1 to this report.

b. Authorises John Watson, Chair of the Panel of Administrators, and Administrator , to sign the Financial Statements 2014-2015 in their final form, after any changes recommended or agreed by the Auditor have been made.

Meeting No. 392 8 September 2015 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13204

Report 12.3 – Financial Statements 2014-2015 and Performance Statement 2014-2015 (continued)

c. Approves, in principle, the Performance Statement 2014-2015, at Attachment 2 to this report.

d. Authorises John Watson, Chair of the Panel of Administrators, and Administrator , to sign the Performance Statement 2014-2015 in its final form, after any changes recommended or agreed by the Auditor have been made.

Resolution

Moved Mr Tanner / Seconded Mrs Nathan

That Council suspend Standing Orders to allow Independent Chair of the Brimbank City Council Audit and Risk Management Committee (ARMC), Mr Michael Beer, to address the Council, about its Financial Statements and Performance Statement. Carried

Mr Beer advised he has been the ARMC Chair for the last four (4) years, and has enjoyed it very much. Henoted there is a terrific team at Brimbank, including the Senior Management Team, officers and Administrators, and the accounting staff. He said the external auditors, who act for VAGO, and the internal auditors, Crowe Horwath, have congratulated the accounting staff, who put the financial statements together well. The four (4) independent ARMC members had spent a lot of time, before the meeting, going through the accounts. The ARMC had good robust discussions at the committee meeting, and he was pleased to say there generally were no questions, because the accounts were so well prepared.

Resolution

Mr Tanner / Seconded Mrs Nathan

That Council resume Standing Orders. Carried

Resolution

Moved Mr Tanner / Seconded Mrs Nathan

That Council: a. Approves, in principle, the Financial Statements 2014-2015, at Attachment 1 to this report. b. Authorises John Watson, Chair of the Panel of Administrators, and Administrator Jane Nathan, to sign the Financial Statements 2014-2015 in their final form, after any changes recommended or agreed by the Auditor have been made. c. Approves, in principle, the Performance Statement 2014-2015, at Attachment 2 to this report.

Meeting No. 392 8 September 2015 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13205

Report 12.3 – Financial Statements 2014-2015 and Performance Statement 2014-2015 (continued)

d. Authorises John Watson, Chair of the Panel of Administrators, and Administrator Jane Nathan, to sign the Performance Statement 2014- 2015 in its final form, after any changes recommended or agreed by the Auditor have been made. Carried

Note: Administrator, Mrs Jane Nathan, wished to thank the independent panel members of the Audit and Risk Management Committee, and Mr Michael Beer, on his Chairmanship of the Committee.

Meeting No. 392 8 September 2015 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13206

Report 12.4 – Governance and Management Checklist 2014-2015

Directorate: Corporate and Community Relations Director: Helen Morrissey Policy: Local Government Act 1989, Local Government (Planning and Reporting) Regulations 2014 Attachment: 1. Governance and Management Checklist 2014-2015

Purpose

For Council to consider the Governance and Management Checklist 2014-2015 for inclusion in its Annual Report 2014-2015 report of operations, prior to forwarding the Annual Report to the Minister for Local Government, The Hon. Natalie Hutchins MP.

Report

1. Background

The Local Government Act 1989 (the Act) states that Council must prepare an Annual Report in respect of each financial year, and it must contain a report of operations, an audited performance statement, and audited financial statements.

The report of operations must contain the results, in the prescribed form, of the Council's assessment against the prescribed Governance and Management Checklist (the Checklist) set out in Schedule 1 of the Local Government (Planning and Reporting) Regulations 2014 (the Regulations). The Mayor and Chief Executive Officer must certify that the information contained in the Checklist presents fairly the status of Council's governance and management arrangements.

The Audit and Risk Management Committee (ARMC) Charter requires it to review other sections of the Annual Report, and any related regulatory filings before release, and consider the accuracy and completeness of the information. The ARMC reviewed the Checklist at its meeting on 28 August 2015. The ARMC is satisfied with the comments of management, and has recommended that Council approve the Checklist.

2. Consultation

Not applicable.

3. Analysis

Preparation The 2014-2015 year is the first reporting year where the Annual Report is required to include the Checklist, in accordance with changes to the Act and Regulations (which applied from 1 July 2014).

Schedule 1 to the Regulations prescribes the form and content of the Checklist, and Council must undertake a self-assessment against the 24 prescribed items. Where Council assesses itself as non-complying, it must provide a reason for non-compliance.

Results Of the 24 items included in Checklist, Council has assessed itself as complying against all of them. The Checklist is at Attachment 1 to this report.

Meeting No. 392 8 September 2015 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13207

Report 12.4 – Governance and Management Checklist 2014-2015 (continued)

4. Resource Implications

There are no resource implications for Council.

5. Compliance Statement

This report has been prepared in accordance with the Act and Regulations.

6. Officer Recommendation

That Council: a. Approves the Governance and Management Checklist 2014-2015, at Attachment 1 to this report. b. Authorises the Chair of the Panel of Administrators, Mr John Watson, and the Chief Executive Officer, to sign the Governance and Management Checklist 2014- 2015.

Resolution

Moved Mrs Nathan / Seconded Mr Tanner

That Council:

a. Approves the Governance and Management Checklist 2014-2015, at Attachment 1 to this report. b. Authorises the Chair of the Panel of Administrators, Mr John Watson, and the Chief Executive Officer, to sign the Governance and Management Checklist 2014-2015. Carried

Meeting No. 392 8 September 2015 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13208

Report 12.5 - Assemblies of Council Report

Directorate: Corporate and Community Relations Director: Helen Morrissey Policy: Local Government Act 1989 Attachment(s): Nil

Purpose

For Council to note the summary of Assemblies of Council on 29 July, 26 and 28 August and 1 September 2015.

Report

1. Background

The Assemblies of Council report is a standing report presented to Council, to report on Assemblies of Council in accordance with the Local Government Act 1989 (the Act) and best practice good governance principles.

Section 80A of the Act requires written records of Assemblies of Councillors (Assemblies of Council in Brimbank’s case) be kept, comprising the information prescribed in section 80A(1) of the Act.

Section 80A(2) of the Act prescribes that these records be, as soon as practicable: (a) reported at an ordinary meeting of the Council, and (b) incorporated in the minutes of that Council meeting.

2. Consultation

Not applicable.

3. Analysis

Details of the Assemblies of Council for 29 July, 26 and 28 August and 1 September 2015:

Meeting Venue Present at Meeting Issues discussed Declaration of Interest(s) 29 July 2015 Sunshine Chair John Watson 1. Presentations Nil Council MERO and MEMPC Chair 2. Planning Brimbank Offices Deputy MERO 3. Reports from Agency and Municipal MECC Manager Major Hazard Facility Emergency Deputy MECC Manager Representatives Management EM Administration Officer 4. Other Issues Planning Deputy MRM Committee MFPO (MEMPC) Deputy MFPO Representatives from: MFB Ambulance Victoria DHHS Orica Laverton Orica Deer Park Brimbank SES Regional SES Red Cross Emergency Management Victoria

Meeting No. 392 8 September 2015 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13209

Report 12.5 - Assemblies of Council Report (continued)

Meeting Venue Present at Meeting Issues discussed Declaration of Interest(s) Emergency Management, North West Metropolitan Region Collaboration Project 26 August 2015 Sunshine Administrator Jane Nathan 1. Minutes of February Nil Council Director City Development Meeting Heritage Offices Principal Strategic Planner 2. Actions from May Advisory Director City Development Meeting Committee Strategic Planner 3. Brimbank’s Coordinator Community Reconciliation Action Planning, Culture and Plan Development 4. Presentation on Diversity and Inclusion ‘Demolition by Neglect’ Planning Officer 5. Brimbank Heritage BCC Heritage Advisory – Assistance Fund Context Pty Ltd 6. Update on Planning Sydenham Historical Society Scheme Amendments, Representative including Proposed St Albans Historical Society Amendment C130 Representative 7. General Business Community Representative 28 August 2015 Sunshine Chair John Watson 1. ARMC Minutes Meeting Nil Council Chief Executive Officer No. 103 Audit and Risk Offices Director Corporate and 2. ARMC Minutes Actions Management Community Relations Status Committee Manager Financial Services 3. North Sunshine Asbestos Manager Governance Issue Update Strategic Risk Management 4. Draft Governance and Officer Management Checklist ARMC Chair 2014-2015 ARMC Members 5. Draft Financial Crowe Howarth (Internal Statements and Auditor) Performance Statement HLB Mann Judd (External 2014-2015 Auditor) 6. VAGO Closing Report to ARMC for Year Ending 30 June 2015 7. BCC Response to External Agency Reports 8. Internal Audit Recommendations Statius 9. Internal Audit Program 2015-2016 Progress Report 10. ICT Access and Security MAP 11. Mobile Plant Management MAP 12. Legal and Risk Issues 13. Strategic Risk Management Report 14. ARMC Annual Report 2014-2015 15. ARMC Annual Review 2015 16. Chief Executive Officer Update

Meeting No. 392 8 September 2015 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13210

Report 12.5 - Assemblies of Council Report (continued)

Meeting Venue Present at Meeting Issues discussed Declaration of Interest(s) 17. Major Legislative Changes and Major Policies 18. Compliance Report 1 September Sunshine Chair John Watson 1. Brimbank Community Nil 2015 Council Administrator Jane Nathan and Civic Centre Update Offices Administrator John Tanner 2. Brimbank Planning Administrators Chief Executive Officer Scheme Amendment Briefing Director Corporate and C130 Community Relations 3. Submission to City of Director Community Wellbeing Melton about Boral Deer Director Infrastructure and Park Quarry Processing Environment Plant Planning Permit Director City Development Application Manager Governance 4. Brimbank Social Justice Coalition Update 5. Ardeer Green Community Hub Master Plan 6. Proposed Sale of Land at 5 McCoubrie Avenue, Sunshine West 7. Proposed Sale of Land at 541, 545 and 547 Melton Highway, Sydenham 8. List of Reports for the Ordinary Council Meeting on 8 September 2015

4. Resource Implications

There are no resource implications for Council.

5. Compliance Statement

This report has been prepared in compliance with section 80A of the Act.

6. Officer Recommendation

That Council notes the Assemblies of Council Report.

Resolution

Moved Mr Tanner / Seconded Mrs Nathan

That Council notes the Assemblies of Council Report. Carried

Meeting No. 392 8 September 2015 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13211

Report 12.6 - Proposed Sale of Land at 5 McCoubrie Avenue, Sunshine West

Directorate: Infrastructure and Environment Director: Paul Younis Policy: Local Government Act 1989, Planning and Environment Act 1987, Sale of Surplus Land Policy, Local Government Best Practice Guideline for the Sale, Exchange and Transfer of Land, Creating Better Parks - Open Space and Playground Policy and Plan 2008 Attachment: 1: Committee Report to Brimbank Council on the Proposal to Dispose of Land at 5 McCoubrie Avenue, Sunshine West

Purpose

For Council to consider the Brimbank Proposed Land Sales Review Committee report and recommendation in relation to the proposal to sell land at 5 McCoubrie Avenue, Sunshine West, and make a decision in relation to the proposal and the removal of its reserve status.

Report

1. Background

At its meeting on 14 October 2014, Council resolved to give public notice of its intention to sell Council-owned land at 5 McCoubrie Avenue, Sunshine West (the land). A Committee of Council heard submissions in December 2014. At its meeting on 10 March 2015, Council resolved to proceed with the sale of the land, and upgrade a nearby park at Howitt Crescent, Sunshine West. The proposal to upgrade the Howitt Crescent site was in response to submissions which identified the value of a local reserve, especially given the popularity of the recently upgraded Buckingham Reserve, located near McCoubrie Avenue.

Due to concerns raised by the community, Council, at its meeting on 28 April 2015, further resolved to put the sale of the land on hold, and request the Chief Panel Member at Planning Panels Victoria (PPV) nominate at least two (2) members to be appointed by Council, as a Committee under Section 223 of the Local Government Act 1989 (the Act), to re-hear submissions in relation to the sale of the land, and to provide recommendations to Council for consideration. Council also resolved this independent committee hear any objectors to the related planning permit application P191/2015, to remove the ‘reserve’ status on the title to the land (a precondition for any sale).

The Brimbank Proposed Land Sale Review Committee (the Committee) was formed, comprising PPV members Rodger Eade, Lynn Sweeney, and Kevin Breen.

2. Consultation

Council has undertaken statutory processes on the proposed sale of the land, in accordance with sections 189 and 223 of the Act. Council gave public notice of the proposal in the Star Weekly and Brimbank Leader newspapers, and distributed an information letter to local residents with details of the proposal to sell the land. Information on the proposal was also available on Council’s website. Council also wrote to previous submitters to the initial section 223 process, inviting them to be re-heard by the Committee.

Council has also undertaken a statutory process under Section 189 of the Planning and Environment Act 1987.

Meeting No. 392 8 September 2015 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13212

Report 12.6 - Proposed Sale of Land at 5 McCoubrie Avenue, Sunshine West (continued)

3. Analysis

Committee Report The Committee has provided Council with a detailed report (refer to Attachment 1 to this report). The report looked at the submissions made, the Committee’s analysis and discussion of those submissions, and consideration of the strategic underpinnings of the proposal. In the report, the Committee concluded Council has properly followed appropriate process and exercised its own judgement in relation to adopted policy in deciding to sell the land.

However, as a result of the submissions made and the analysis undertaken, the Committee has drawn the following conclusions: • To date, Council appears to have fulfilled the requirements of the Local Government Act 1989, and Ministerial Guidelines with respect to the proposed sale of the subject site • That three (3) of the criteria of Council’s Surplus Land Policy appear not to have been adequately met, but it is not clear to the Committee whether any or all of the criteria need to be met before land can be sold • It is implied in the Creating Better Parks - Open Space and Playground Policy and Plan, that a rationalisation of some open space assets may be required to fund improvements to the open space network. The Council and the community would benefit from a review of Brimbank’s total open space land holdings, to more explicitly prioritise open space that can be rationalised • Selling the site at 5 McCoubrie Avenue would reduce the number of households within 500 metres of a park • The space at Howitt Crescent cannot be a full substitute for the site at 5 McCoubrie Avenue • The role of the site at 5 McCoubrie Avenue in providing local connectivity is important • The site a 5 McCoubrie Avenue provides a safe proximate play and meeting point which is valued by residents • An alternative site for a Neighbourhood Park at Howitt Crescent is not valued by many of the residents who made submissions, raising safety and access concerns for residents in the immediate neighbourhood • There is a demonstrated significant sense of ‘local ownership’ of the subject site • If the recommendation to retain the site is not accepted by Council, Planning Permit P191/2015 may be issued.

The Committee has recommended that: 1. The site at 5 McCoubrie Avenue, Sunshine West, should not be sold and be retained as part of Brimbank’s open space network. 2. Council work with the local community to determine the future role and possible improvements to the subject site as part of the open space network.

Meeting No. 392 8 September 2015 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13213

Report 12.6 - Proposed Sale of Land at 5 McCoubrie Avenue, Sunshine West (continued)

Council Officer Analysis Part 2 of the Committee’s recommendation raises the issue of the future role of the land, and the potential to allocate funds for upgrade. Council has previously resolved to utilise funds from the sale of the land to enable an upgrade of a local reserve at Howitt Crescent in Sunshine West. Should Council decide not to proceed with the sale of 5 McCoubrie Avenue, then this source of funding would not be available.

Council has also previously resolved to review its Creating Better Parks – Open Space and Playground Policy and Plan (Creating Better Parks), which will provide an opportunity to consider improvements to local reserves.

4. Resource Implications

Retention of the land as open space will require ongoing maintenance by Council. Any future improvements of the land will be subject to the review of Creating Better Parks and Council’s annual budget processes.

5. Compliance Statement

The recommendation made in this report is in accordance with the requirements of the Act, and the Planning and Environment Act 1987.

Council, at the Council Meeting on 10 March 2015, resolved to sell the land at 5 McCoubrie Avenue, Sunshine West, and allocate funding from this sale for the upgrade of land at Howitt Crescent.

If Council determines not to sell the land, then Council will need to rescind its previous resolutions relating to both the sale, and, as funds for the upgrade of Howitt Crescent will not be available, the proposal to allocate funds to this upgrade. Council could consider any potential upgrade against other Council priorities, as part of its annual budget processes.

6. Officer Recommendation

That Council:

1. Rescinds its resolution MA/1877 of 10 March 2015:

That Council:

a. Having given public notice of its intention to sell the land at 5 McCoubrie Avenue, Sunshine West, in accordance with Section 189 of the Local Government Act 1989, and having considered submissions received under Section 223 of that Act, determines to sell the land.

b. Authorises the sale of the land at 5 McCoubrie Avenue, Sunshine West, by public auction, or if not sold at auction then by private treaty.

c. Authorises the Chief Executive Officer to accept the offer for the land at 5 McCoubrie Avenue, Sunshine West, that achieves the best commercial outcome for Council.

Meeting No. 392 8 September 2015 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13214

Report 12.6 - Proposed Sale of Land at 5 McCoubrie Avenue, Sunshine West (continued)

d. Signs and seals the contract documentation relating to the sale of the land at 5 McCoubrie Avenue, Sunshine West.

e. Allocates funding for the upgrade of the land located between Buckingham Crescent and Howitt Crescent, Sunshine West, identified in Attachment 3 to this report, as part of the annual upgrade of parks to be undertaken in 2016/2017, in accordance with the details contained in this report, with works to be funded from the sale of the land at 5 McCoubrie Avenue, Sunshine West.

2. Notes its resolution MA/1877 of 10 March 2015 has been acted on, to:

a. Write[s] to all submitters thanking them for making a submission, advising of Council’s decision and the reasons for the decision, including the details contained in the Officer Assessment and Response section of Attachment 2 to this report, and advising that Council proposes to upgrade the space between Buckingham Crescent and Howitt Crescent, Sunshine West, in 2016/2017 to provide replacement open space.

3. Having given public notice of its intention to sell the land at 5 McCoubrie Avenue, Sunshine West, in accordance with Sections 189 and 223 of the Local Government Act 1989, and having considered the report and recommendation of the Brimbank Proposed Land Sale Review Committee, determines not to sell the land and retains the land as open space.

4. Withdraws Planning Permit application P191/2015 to remove the ‘reserve’ status on the title to land at 5 McCoubrie Avenue, Sunshine West.

5. Confirms its previous resolution MA/1936 of 9 June 2015:

That Council:

a. Approves the preparation of an update to the Creating Better Parks – Open Space and Playground Policy and Plan.

b. Notes that the process to update the Creating Better Parks – Open Space and Playground Policy and Plan will include seeking and considering community feedback and identifying new opportunities and any gaps in the current plan.

6. Determines that due to any decision not to proceed with the sale of the land at 5 McCoubrie Avenue, Sunshine West, the upgrade of the land located between Buckingham Crescent and Howitt Crescent, Sunshine West, will not proceed.

7. Writes to the submitters to the Section 223 process, and objectors to the Planning Permit application P191/2015, advising of Council’s decision not to sell the land at 5 McCoubrie Avenue, Sunshine, and retain the land as open space, and the reasons for its decision, including the Brimbank Proposed Land Sale Review Committee’s report and recommendations.

Meeting No. 392 8 September 2015 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13215

Report 12.6 - Proposed Sale of Land at 5 McCoubrie Avenue, Sunshine West (continued)

Resolution

Moved Mr Tanner / Seconded Mrs Nathan

That Council:

1. Rescinds its resolution MA/1877 of 10 March 2015:

That Council:

a. Having given public notice of its intention to sell the land at 5 McCoubrie Avenue, Sunshine West, in accordance with Section 189 of the Local Government Act 1989, and having considered submissions received under Section 223 of that Act, determines to sell the land.

b. Authorises the sale of the land at 5 McCoubrie Avenue, Sunshine West, by public auction, or if not sold at auction then by private treaty.

c. Authorises the Chief Executive Officer to accept the offer for the land at 5 McCoubrie Avenue, Sunshine West, that achieves the best commercial outcome for Council.

d. Signs and seals the contract documentation relating to the sale of the land at 5 McCoubrie Avenue, Sunshine West.

e. Allocates funding for the upgrade of the land located between Buckingham Crescent and Howitt Crescent, Sunshine West, identified in Attachment 3 to this report, as part of the annual upgrade of parks to be undertaken in 2016/2017, in accordance with the details contained in this report, with works to be funded from the sale of the land at 5 McCoubrie Avenue, Sunshine West.

2. Notes its resolution MA/1877 of 10 March 2015 has been acted on, to:

a. Write[s] to all submitters thanking them for making a submission, advising of Council’s decision and the reasons for the decision, including the details contained in the Officer Assessment and Response section of Attachment 2 to this report, and advising that Council proposes to upgrade the space between Buckingham Crescent and Howitt Crescent, Sunshine West, in 2016/2017 to provide replacement open space.

3. Having given public notice of its intention to sell the land at 5 McCoubrie Avenue, Sunshine West, in accordance with Sections 189 and 223 of the Local Government Act 1989, and having considered the report and recommendation of the Brimbank Proposed Land Sale Review Committee, determines not to sell the land and retains the land as open space.

4. Withdraws Planning Permit Application P191/2015 to remove the ‘reserve’ status on the title to land at 5 McCoubrie Avenue, Sunshine West.

Meeting No. 392 8 September 2015 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13216

Report 12.6 - Proposed Sale of Land at 5 McCoubrie Avenue, Sunshine West (continued)

5. Confirms its previous resolution MA/1936 of 9 June 2015:

That Council:

a. Approves the preparation of an update to the Creating Better Parks – Open Space and Playground Policy and Plan.

b. Notes that the process to update the Creating Better Parks – Open Space and Playground Policy and Plan will include seeking and considering community feedback and identifying new opportunities and any gaps in the current plan.

6. Determines that due to any decision not to proceed with the sale of the land at 5 McCoubrie Avenue, Sunshine West, the upgrade of the land located between Buckingham Crescent and Howitt Crescent, Sunshine West, will not proceed.

7. Writes to the submitters to the Section 223 process, and objectors to the Planning Permit Application P191/2015, advising of Council’s decision not to sell the land at 5 McCoubrie Avenue, Sunshine West, and retain the land as open space, and the reasons for its decision, including the Brimbank Proposed Land Sale Review Committee’s report and recommendations. Carried

Meeting No. 392 8 September 2015 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13217

Report 12.7 - Proposed Sale of Land at 541, 545 and 547 Melton Highway, Sydenham

Directorate: Infrastructure and Environment Director: Paul Younis Policy: Local Government Act 1989, Planning and Environment Act 1987, Subdivision Act 1988, Sale of Surplus Land Policy, Local Government Best Practice Guideline for the Sale, Exchange and Transfer of Land, Creating Better Parks Open Space and Playground Policy and Plan 2008 Attachments: 1: Committee Report to Brimbank Council on a Proposal to Dispose of Land at 541, 545 and 547 Melton Highway, Sydenham 2: Land Assessment Report

Purpose

For Council to consider the Brimbank Proposed Land Sale Review Committee report and recommendation in relation to the proposal to sell land at 541, 545 and 547 Melton Highway, Sydenham, and make a decision in relation to the proposal.

Report

1. Background

At its meeting on 14 April 2015, Council resolved to give public notice of its intention to sell Council-owned land at 541,545 and 547 Melton Highway, Sydenham (the land). At its meeting on 28 April 2015, Council resolved to extend the consultation period for four (4) weeks, and request the Chief Panel Member at Planning Panels Victoria (PPV) nominate at least two (2) members to be appointed by Council as a Committee under Section 223 of the Local Government Act 1989 (the Act), to hear submissions in relation the proposed sale of land, and to provide recommendations to Council for consideration.

The Brimbank Proposed Land Sale Review Committee (the Committee) was formed, comprising PPV members Rodger Eade, Lynn Sweeney, and Kevin Breen.

2. Consultation

Council has undertaken a statutory process in accordance with sections 189 and 223 of the Act. Council gave public notice of the proposal in the Star Weekly and Brimbank Leader newspapers, and distributed an information letter to local residents with details of the proposal to sell the land. Information on the proposal was also available on Council’s website.

Nine (9) written submissions were received. A Committee heard from the six (6) submitters requesting to be heard on 20 July 2015. Five (5) submitters spoke objecting to the proposed sale, and one (1) submitter spoke in support.

3. Analysis

Committee Report The Committee has provided Council with a detailed report (refer to Attachment 1 to this report). In the report, the Committee has considered all submissions and relevant policy (including policy relating to the disposal of Council-owned land), and has undertaken a strategic policy-based analysis of the proposal.

Meeting No. 392 8 September 2015 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13218

Report 12.7 - Proposed Sale of Land at 541, 545 and 547 Melton Highway, Sydenham (continued)

The Committee has concluded there is no policy impediment for proposed disposal of the land, and there has not been a sufficient case made for the retention of the land by Council for use by any submitter. The submission of St John of God Accord supported the sale of the site, and the organisation has indicated it has an interest in acquiring the site to expand its services (currently undertaken on a neighbouring site).

The Committee has recommended that: Council proceed as proposed with the sale of land at 541, 545 and 547 Melton Highway, Sydenham.

Council Officer Analysis Having regard to the Committee’s report and recommendation, and the criteria in Council’s Sale of Surplus Land Policy, it is considered Council should determine to sell the site, as the land: • Is not used for a purpose associated with service provision by Council • Does not contribute to the achievement of a current Council objective • Has no strategic significance to Council on a long term basis, and • Is not required for open space.

Refer to Attachment 2 to this report for the Land Assessment Report.

Council officers have subsequently met with representatives of one (1) of the submitters, who proposed the development of a bowling green on the land. The purpose of the meeting was for Council officers to provide support to the group in identifying factors the group needed to consider in the development of a proposal for a bowling green.

Comment was also was made by a number of submitters regarding the extensive history of the land, with community members expressing the desire to recognise this history. Should Council resolve to sell the land, Council could work with the local historical society to identify suitable historical recognition of the site.

4. Resource Implications

Any process to sell the land will be carried out within existing resources. Costs incurred to bring the land to market will be offset against the proceeds of sale.

5. Compliance Statement

The recommendation made in this report is consistent with the requirements of the Act, the Planning and Environment Act 1987, the Subdivision Act 1988, the Sale of Surplus Land Policy, the Local Government Best Practice Guideline for the Sale, Exchange and Transfer of Land, and the Creating Better Parks Open Space Strategy and Playground Policy and Plan 2008.

6. Officer Recommendation

That Council:

a. Having given public notice of its intention to sell the land at 541, 545 and 547 Melton Highway, Sydenham, in accordance with Sections 189 and 223 of the Local Government Act 1989, and having considered the report and recommendation of the Brimbank Proposed Land Sale Review Committee, determines to sell the land.

Meeting No. 392 8 September 2015 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13219

Report 12.7 - Proposed Sale of Land at 541, 545 and 547 Melton Highway, Sydenham (continued)

b. Authorises the sale of the land at 541,545 and 547 Melton Highway, Sydenham, by public auction, and if not sold at auction, then by private treaty, subject to Amendment C166 to the Brimbank Planning Scheme being approved, and a small section of footpath at the north-west corner of 547 Melton Highway being retained as ‘road’. c. Authorises the Chief Executive Officer to accept an offer for the land at 541, 545 and 547 Melton Highway, Sydenham, that achieves the best commercial outcome for Council.

d. Signs and seals the contract documentation relating to the sale of the land at 541, 545 and 547 Melton Highway, Sydenham.

e. Writes to the submitters advising of Council’s decision to sell the land at 541, 545 and 547 Melton Highway, Sydenham, and the reasons for its decision, including the Brimbank Proposed Land Sale Review Committee’s report and recommendation.

f. Works with the local historical society to identify a suitable, permanent historical recognition of the site at 541, 545 and 547 Melton Highway, Sydenham.

Resolution

Moved Mrs Nathan / Seconded Mr Tanner

That Council: a. Having given public notice of its intention to sell the land at 541, 545 and 547 Melton Highway, Sydenham, in accordance with Sections 189 and 223 of the Local Government Act 1989, and having considered the report and recommendation of the Brimbank Proposed Land Sale Review Committee, determines to sell the land. b. Authorises the sale of the land at 541,545 and 547 Melton Highway, Sydenham, by public auction, and if not sold at auction, then by private treaty, subject to Amendment C166 to the Brimbank Planning Scheme being approved, and a small section of footpath at the north-west corner of 547 Melton Highway being retained as ‘road’. c. Authorises the Chief Executive Officer to accept an offer for the land at 541, 545 and 547 Melton Highway, Sydenham, that achieves the best commercial outcome for Council. d. Signs and seals the contract documentation relating to the sale of the land at 541, 545 and 547 Melton Highway, Sydenham. e. Writes to the submitters advising of Council’s decision to sell the land at 541, 545 and 547 Melton Highway, Sydenham, and the reasons for its decision, including the Brimbank Proposed Land Sale Review Committee’s report and recommendation.

Meeting No. 392 8 September 2015 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13220

Report 12.7 - Proposed Sale of Land at 541, 545 and 547 Melton Highway, Sydenham (continued)

f. Works with the local historical society to identify a suitable, permanent historical recognition of the site at 541, 545 and 547 Melton Highway, Sydenham. Carried

Meeting No. 392 8 September 2015 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13221

Report 12.8 – Final Draft Ardeer Green Activity Hub Master Plan: Cycle Sports Facilities 2015

Directorate: Infrastructure and Environment Director: Paul Younis Policy: Creating Better Parks - Brimbank Open Space and Playground Policy and Plan 2008, Cycling and Walking Strategy 2008, Sports Development Facility Plan 2012, Greening The West – A Regional Approach Strategic Plan 2013 Attachment: 1. Final Draft Ardeer Green Activity Hub Master Plan 2015

Purpose

For Council to consider the final draft Ardeer Green Activity Hub Master Plan: Cycle Sports Facilities 2015 (Master Plan).

Report

1. Background

The Master Plan (at Attachment 1 to this report) is a partnership project between Brimbank City Council, the Department of Health and Human Services, City West Water, Water and VicRoads (which owns approximately half of the site).

A steering committee was established with representatives from the partners (except VicRoads, which acted as a referral authority only) with the following objectives: • To improve health within one of the most challenging municipalities of Melbourne • To provide a space for cycling, integrated water management and green infrastructure • To promote and seek endorsement for this endeavour with key public and private agencies • To consider policy development to support this endeavour.

The location for the Master Plan was determined by analysing existing large open spaces that were linked to Brimbank’s cycling network, and that provided the opportunity for new infrastructure, significant tree planting and potential for stormwater capture.

The site chosen for the Master Plan is an area in Ardeer, bounded by Forrest Street to the South, the Western Ring Road/M80 to the West, Ballarat Road to the North, and the Kororoit Creek to the East.

2. Consultation

The draft Ardeer Green Activity Hub Master Plan: Cycle Sports Facilities 2015 (draft Master Plan) was made available for community review and feedback for a four (4) week period, until 7 June 2015. A community consultation event was also held at the proposed site in Ardeer on Saturday 23 May 2015. Approximately 50 community members attended this event.

Council received 63 responses to the draft Master Plan, including 29 email responses via Council’s website, and 34 written responses from the community consultation event.

Meeting No. 392 8 September 2015 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13222

Report 12.8 – Final Draft Ardeer Green Activity Hub Master Plan: Cycle Sports Facilities 2015 (continued)

In general, there was overwhelming support and enthusiasm for the draft Master Plan, with only two (2) respondents indicating they did not want the project to go ahead. Some of the issues raised that will be dealt with during any design phase of the project include access, car parking, appropriate interface with the back fences, toilets, drinking fountains and the use of the Bicycle Education Centre.

There was strong support from cycling and BMX groups, who have expressed interest in using the site as their base. Community members also asked for bike education facilities and the possibility of bike hire at the Bicycle Education Centre. Many community members thought lighting for night time should be included in the Master Plan. Council officers have not included night lighting in the final draft Master Plan at this stage, as other local residents were concerned about night lights and activity, and it was felt this would need further engagement with the local community if there was sufficient demand for night lights to be included in the future.

A meeting has occurred with VicRoads representatives, and they have provided a letter indicating VicRoads’ in-principle support. A meeting has also occurred with Orica representatives to discuss the draft Master Plan. They have indicated interest, and would like to be involved in further discussions as the project develops.

3. Analysis

The site in Ardeer was chosen as it is a large tract of land that has a good landscape character. It contains some large sugar gum trees, remnant native grassland, significant weedy zones and a great creek environment, with the M80 as a significant backdrop. This provides the basis for further enhancement of key aspects of the existing landscape, including weed management, in order to create a diverse, green and shady landscape.

The design rationale for the project states that cycling has the second highest participation rates of any sport and physical activity in . The facilities will fill a gap in the provision of recreational facilities, as no new cycling facilities are proposed in Council’s Cycling and Walking Strategy 2008 (Cycling and Walking Strategy), the Creating Better Parks - Brimbank Open Space and Playground Policy and Plan 2008 (Creating Better Parks), and the Sports Development Facility Plan 2012 (Sports Facility Plan). A review of Creating Better Parks is underway that will look at these type of functional gaps for Council to consider, as part of its ongoing commitment to transform the park network.

At the completion of the project, the location is expected to become a key cycling facilities destination in the West, with: • A one (1) kilometre-long and eight (8) metre-wide criterium circuit • A small, single track cross country Mountain Bike (MTB) circuit • A recreational or competition BMX track • Dirt jumps/pump track, and • A bicycle hub made from shipping containers.

These facilities will be available to the local community for family based opportunities, and also provide for skill development and club events. The facilities may lead to one or more clubs being based at this location, with opportunities to promote it as a regionally- significant destination. This would require further investigation by Council officers in relation to site operation and management, and the allocation of spaces for clubs.

Meeting No. 392 8 September 2015 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13223

Report 12.8 – Final Draft Ardeer Green Activity Hub Master Plan: Cycle Sports Facilities 2015 (continued)

Subject to Council consideration of the Master Plan, the next phase of the project is design development, which is planned to occur in 2016. When the design is completed, Council and the project would be in a position to state and federal government funding.

4. Resource Implications

The draft Master Plan probable cost was $4.6 million. This cost has been revised to $5.1 million, to allow for the bicycle hub to be appropriately developed for use by the community and cycling-related groups. The resources required for this project will be referred to Council’s annual budget process for consideration, in addition to funding being sought from state and federal governments.

5. Compliance Statement

The recommendation made in this report is consistent with Creating Better Parks, Cycling and Walking Strategy, Sports Facility Plan, and Greening the West – A Regional Approach Strategic Plan 2013.

This project also aligns with two (2) Plan Melbourne initiatives: • Initiative 4.5.2 – Provide New Neighbourhood Parks and Open Spaces • Initiative 4.6.3 – Fund Sub-Regional Cultural and Sporting Facilities.

6. Officer Recommendation

That Council adopts the final draft Ardeer Green Activity Hub Master Plan: Cycle Sports Facilities 2015.

Resolution

Moved Mrs Nathan / Seconded Mr Tanner

That Council adopts the final draft Ardeer Green Activity Hub Master Plan: Cycle Sports Facilities 2015. Carried

Meeting No. 392 8 September 2015 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13224

Report 12.9 – Objection to Planning Permit Application PA2015/4807 - Boral Deer Park Quarry, Riding Boundary Road, Deer Park (City of Melton)

Directorate: City Development Director: Stuart Menzies Policy: Planning and Environment Act 1987 Attachment: 1. Assessment Report

Purpose

For Council to consider lodging an objection to planning permit application PA2015/4807 (the Application) for the replacement of the quarry processing plant at the Boral Deer Park Quarry, Riding Boundary Road, Deer Park (the site), in the City of Melton.

Report

1. Background

Boral Recycling Pty Ltd (Boral) has lodged a planning permit application with Melton City Council’s to replace the current quarry processing plant with a new facility.

The site is located within a Special Use Zone Schedule 1 (SUZ1) under the Melton Planning Scheme, which requires a planning permit for the proposed buildings and works. Melton City Council’s assessment will consider the application under the provisions of the SUZ1, which includes objectives for land management practices and rehabilitation that minimises adverse impacts on the use and development of nearby land.

2. Consultation

Brimbank City Council was notified of the Application by Melton City Council under Section 52 of the Planning and Environment Act 1987 (the Act), which provides an opportunity for an objection. Brimbank City Council is not the Responsible Authority for the Application and does not have jurisdiction over the determination of the matter, however, it can raise any concerns regarding the proposal in an objection.

Community Liaison Committee Boral convenes a Boral Deer Park Community Liaison Committee (the committee), which provides a forum for community members to be informed about, and discuss the operation of, the existing quarry, concrete batching plant and asphalt works. (Transpacific Cleanaway convenes a separate community liaison committee for the abutting Melbourne Regional Landfill, recently taken over from Boral).

The committee is attended by representatives of Boral, Environmental Protection Authority (EPA), Melton and Brimbank city councils, and community. At the meeting on 20 August 2015, Boral gave a commitment to install modern dust monitoring equipment to measure dust levels emanating from the site. At present, dust levels are recorded through an older style dust collection method from two (2) locations on the site.

3. Analysis

Information and a general overview of the Application for the proposed new processing plant is at Attachment 1 to this report. The new buildings and works will enclose a significant amount of the processes, compared to the existing plant.

Meeting No. 392 8 September 2015 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13225

Report 12.9 – Objection to Planning Permit Application PA2015/4807 - Boral Deer Park Quarry, Riding Boundary Road, Deer Park (City of Melton) (continued)

Boral has indicated the proposed plant will incorporate the latest in technology and best practice. However, due to the site’s location, the processing activity has the potential to create off-site amenity impacts to nearby Brimbank residents in Deer Park and Derrimut - particularly when the new and old plant operate together over a 12 month period, until the new equipment is fully operational.

The new plant and equipment will reduce the dust generated from the site, however, the extensive haul roads will remain unsealed, and truck movements are likely to continue to contribute to dust emissions. The preparation of an environmental impact assessment and implementation report as part of the proposal would provide the necessary information about the extent of dust, and how this can best be avoided or mitigated, including the adequacy of separation distances from residential uses and the treatment of roads on the site.

On this basis, it is considered appropriate for Council to lodge an objecting submission, highlighting that while Brimbank supports the construction of the new facility and installation of modern dust monitoring equipment, Council seeks to ensure: • The facility is located a sufficient distance from residential uses in the City of Brimbank, having regard to the prevailing wind direction and local climatic conditions • An environmental impact assessment and implementation report (taking into consideration the cumulative impact of all on-site operations, including truck movements and road treatment) is prepared by an independent environmental auditor, and any recommendations be included in the design and operation of the processing plant and associated infrastructure • Ongoing monitoring of operations and regular updates by the independent environmental auditor are provided to the Boral Deer Park Community Liaison Committee.

If the Application is approved by Melton City Council, the conditions of a Notice of Determination will be provided to Council and can be reviewed at that time.

4. Resource Implications

There are no resource implications for Council to lodge an objection to the Application.

5. Compliance Statement

This report has been prepared in accordance with the Act.

6. Officer Recommendation

That Council:

1. Submits an objection to Planning Application PA2015/4807 for the replacement of the quarry processing plant at the Boral Deer Park Quarry in the City of Melton, noting that while the construction of the new facility and installation of modern dust monitoring equipment is supported, Council seeks to ensure:

Meeting No. 392 8 September 2015 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13226

Report 12.9 – Objection to Planning Permit Application PA2015/4807 - Boral Deer Park Quarry, Riding Boundary Road, Deer Park (City of Melton) (continued)

a. The facility is located a sufficient distance from residential uses in the City of Brimbank, having regard to the prevailing wind direction and local climatic conditions

b. An environmental impact assessment and implementation report (taking into consideration the cumulative impact of all on-site operations, including truck movements and road treatment) is prepared by an independent environmental auditor

c. That ongoing monitoring of operations and regular updates by the independent environmental auditor is provided to the Boral Deer Park Community Liaison Committee.

Resolution

Moved Mr Tanner / Seconded Mrs Nathan

That Council:

1. Submits an objection to Planning Application PA2015/4807 for the replacement of the quarry processing plant at the Boral Deer Park Quarry in the City of Melton, noting that while the construction of the new facility and installation of modern dust monitoring equipment is supported, Council seeks to ensure:

a. The facility is located a sufficient distance from residential uses in the City of Brimbank, having regard to the prevailing wind direction and local climatic conditions

b. An environmental impact assessment and implementation report (taking into consideration the cumulative impact of all on-site operations, including truck movements and road treatment) is prepared by an independent environmental auditor

c. That ongoing monitoring of operations and regular updates by the independent environmental auditor is provided to the Boral Deer Park Community Liaison Committee. Carried

Meeting No. 392 8 September 2015 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13227

Report 12.10 – Brimbank Social Justice Coalition Update – September 2015

Directorate: Community Wellbeing Director: Neil Whiteside Policy: Brimbank Community Plan 2009–2030 (Updated 2013), Brimbank Council Plan 2013–2017 (Updated 2015), Community Strengthening Policy, Social Justice Charter Attachments: 1. Social Justice Charter Report Card 2. Draft Terms of Reference

Purpose

To provide Council with an update on the implementation of the Brimbank Social Justice Charter Action Plan (2013-2016) (Action Plan), and for Council to consider endorsing the updated Terms of Reference for the Brimbank Social Justice Coalition (the Coalition).

Report

1. Background

Council’s commitment to social justice is primarily reflected in its Community Plan and the Social Justice Charter (the Charter). The Charter was launched in 2008 and reviewed in 2012. The Charter reaffirms Council’s commitment to the principles of access, equity, community participation and human rights, to build a just and inclusive community where human rights are upheld and structural disadvantage is recognised and addressed. The Social Justice Charter Action Plan Progress Report 2014/2015 is at Attachment 1 to this report.

One of the actions in the Action Plan is to coordinate the Coalition (the Coalition) - a multi-agency partnership group. The Coalition was established in 2010, and aims to work in partnership with social and economic development agencies and community groups, to raise awareness about social justice issues, and plan, lead and advocate to state and federal governments in response to priority issues identified.

The Coalition is open to all not-for-profit organisations, community based agencies, networks and individuals with an interest in social justice principles and activities, within the Brimbank community. A Strategic Implementation Group (SIG) (comprised of executive and senior staff from government and other organisations) leads and provides strategic oversight to the Coalition.

The priorities and activities of the Coalition include housing, education and employment, and transport. Additional areas of focus include refugees and asylum seekers, gambling, and preventing violence against women.

The Coalition has a branded website that provides information, fact sheets, research, projects, and ‘a guide to advocacy’ resource. The website also contains links to advocacy organisations, state and federal governments, and other useful links.

2. Consultation

As the Coalition has been operational for over four (4) years, it was considered appropriate to review its function and role. This review was conducted in consultation with the members of the Coalition, SIG and Council officers.

Meeting No. 392 8 September 2015 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13228

Report 12.10 - Brimbank Social Justice Coalition Update – September 2015 (continued)

The review outcomes included: • The Charter and the Coalition structure are valued by community organisations and enable all involved to work together to address long term, systemic issues • The Coalition is predicated on aligning agendas and working together, and having the SIG chaired by Council’s Director Community Wellbeing, and having Council provide secretariat support, is viewed as positive • The Coalition provides an invaluable source of expertise, information and advice to Council • A review of the Terms of Reference be completed to clarify the purpose and engagement of the Coalition.

3. Analysis

The SIG agreed with the reviewed recommendations and all members reconfirmed their commitment to the Coalition.

A review of the Terms of Reference was completed and endorsed by the SIG (refer to Attachment 2 to this report).

The Coalition will continue to work with the Brimbank Leadership Alumni, leadership participants, community resource members, service provider networks, and other community groups, networks and individuals on social justice issues identified, and resonant for, the Brimbank community.

4. Resource Implications

Resource requirements can be met within Council’s 2015/2016 Annual Budget.

5. Compliance Statement

This report has been prepared in accordance with the Brimbank Community Plan 2009– 2030 (Updated 2013), Brimbank Council Plan 2013-2017 (Updated 2015), Community Strengthening Policy and the Charter.

6. Officer Recommendation

That Council: a. Notes the Social Justice Charter Action Plan Progress Report 2014/2015, as at Attachment 1 to this report. b. Endorses the draft Brimbank Social Justice Coalition Terms of Reference 2015, as at Attachment 2 to this report.

Resolution

Moved Mrs Nathan / Seconded Mr Tanner

That Council: a. Notes the Social Justice Charter Action Plan Progress Report 2014/2015, as at Attachment 1 to this report.

Meeting No. 392 8 September 2015 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13229

Report 12.10 - Brimbank Social Justice Coalition Update – September 2015 (continued) b. Endorses the draft Brimbank Social Justice Coalition Terms of Reference 2015, as at Attachment 2 to this report. Carried

Meeting No. 392 8 September 2015 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13230

Report 12.11 - Tender Report for Contract No. 16/2056 - Churchill Reserve, St Albans, Soccer Pitch 3 – Sports Ground Reconstruction

Directorate: Infrastructure and Environment Director: Paul Younis Policy: Local Government Act 1989, Asset Management Policy– Sports Facility Development Plan, Procurement Policy Attachments: 1: Confidential Attachment 2: Locality Plan

Purpose

For Council to consider awarding Contract No. 16/2056 - Churchill Reserve, St Albans, Soccer Pitch 3 - Sports Ground Reconstruction.

Report

1. Background

Contract No. 16/2056 – Churchill Reserve, St Albans, Soccer Pitch 3 – Sports Ground Reconstruction, forms part of the Open Space Program approved by Council under the 2015/2016 Capital Works Program – Sports Facilities.

The works include reconstruction of the pitch surface, irrigation system, subsoil drainage and other associated works.

A locality plan is provided at Attachment 2 to this report.

2. Consultation

Council officers have consulted with the local club to explain the proposed works. The club has been very supportive of the works proceeding.

3. Analysis

The tender for Contract No. 16/2056 closed on 28 July 2015. A total of eight (8) tenders were received.

The Tender Evaluation Panel (TEP) has rated Turfcare and Hire Pty Ltd as the preferred tenderer, for the tendered amount of $656,792.75 (excluding GST).

It is considered that Turfcare and Hire Pty Ltd has the expertise and capacity to complete the works under this contract.

The tender evaluation report is at Confidential Attachment No. 1 to this report.

4. Resource Implications

Resource requirements can be met within Council’s 2015/2016 Annual Budget.

5. Compliance Statement

This report has been prepared in compliance with the Procurement Policy and the Local Government Act 1989.

Meeting No. 392 8 September 2015 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13231

Report 12.11 - Tender Report for Contract No. 16/2056 – Churchill Reserve, St Albans, Soccer Pitch 3 – Sports Ground Reconstruction (continued)

6. Officer Recommendation

That Council: a. Awards Contract No. 16/2056 – Churchill Reserve, St Albans, Soccer Pitch 3 – Sports Ground Reconstruction, to Turfcare and Hire Pty Ltd for the amount of $656,792.75 (excluding GST). b. Signs and seals Contract No. 16/2056 - Churchill Reserve, St Albans, Soccer Pitch 3 – Sports Ground Reconstruction.

Resolution

Moved Mrs Nathan / Seconded Mr Tanner

That Council: a. Awards Contract No. 16/2056 – Churchill Reserve, St Albans, Soccer Pitch 3 – Sports Ground Reconstruction, to Turfcare and Hire Pty Ltd for the amount of $656,792.75 (excluding GST). b. Signs and seals Contract No. 16/2056 - Churchill Reserve, St Albans, Soccer Pitch 3 – Sports Ground Reconstruction. Carried

Meeting No. 392 8 September 2015 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13232

Report 12.12 – Tender Report for Contract No. 16/2025 – Adams Street and Disraeli Street, St Albans, Road Rehabilitation

Division: Infrastructure and Environment Director: Paul Younis Policy: Local Government Act 1989, Asset Management – Road Asset Management Plan, Procurement Policy Attachments: 1. Confidential Report 2. Locality Plan

Purpose

For Council to consider the awarding of Contract No. 16/2025 – Adams Street and Disraeli Street, St Albans, Road Rehabilitation.

Report

1. Background

Contract No. 16/2025 – Adams Street and Disraeli Street, St Albans, Road Rehabilitation forms part of the Roads Program approved by Council under the 2015/2016 Capital Works Program.

Combined in one (1) contract, the works in Adams Street and Disraeli Street, St Albans, include reconstruction of footpath, kerb and channel and vehicle crossing infills, drainage improvement, rehabilitation of road pavement, asphalt resurfacing and raingardens.

A locality plan is at Attachment 2 to this report.

2. Consultation

Council has distributed information to affected properties has responded to all enquiries received. The successful tenderer will organise further information to be distributed to affected residents about the construction, prior to the commencement of the works.

3. Analysis

Tenders for Contract No. 16/2025 closed on 4 August 2015. A total of eight (8) tenders were received.

The Tender Evaluation Panel (TEP) has rated Grancon Road Constructions Pty Ltd as the preferred tenderer, for the tendered amount of $869,962.00 (excluding GST).

It is considered that Grancon Road Constructions Pty Ltd has the expertise and capacity to complete the works under the contract.

The tender evaluation report is at Confidential Attachment No. 1.

4. Resource Implications

Resource requirements can be met within Council’s 2015/2016 Annual Budget.

5. Compliance Statement

This report has been prepared in compliance with the Procurement Policy and the Local Government Act 1989.

Meeting No. 392 8 September 2015 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13233

Report 12.12 – Tender Report for Contract No. 16/2025 – Adams Street and Disraeli Street, St Albans, Road Rehabilitation (continued)

6. Officer Recommendation

That Council: a. Awards Contract No. 16/2025 – Adams Street and Disraeli Street, St Albans, Road Rehabilitation, to Grancon Road Constructions Pty Ltd for the tendered amount of $869,962.00 (excluding GST). b. Signs and seals Contract No. 16/2025 – Adams Street and Disraeli Street, St Albans, Road Rehabilitation.

Resolution

Moved Mr Tanner / Seconded Mrs Nathan

That Council: a. Awards Contract No. 16/2025 – Adams Street and Disraeli Street, St Albans, Road Rehabilitation, to Grancon Road Constructions Pty Ltd for the tendered amount of $869,962.00 (excluding GST). b. Signs and seals Contract No. 16/2025 – Adams Street and Disraeli Street, St Albans, Road Rehabilitation. Carried

Meeting No. 392 8 September 2015 Brimbank City Council Ordinary Council Meeting Minutes 13234

13. Notices of Motion

Nil.

14. Rescission Motions

Nil.

15. Urgent Business

Nil.

16. Confidential Business

Nil.

There being no further business, the Chair, Mr John Watson, declared the meeting closed at 7.53pm.

Confirmed this…………day of……………………………………….2015.

………………………………………………. Mr John Watson Chair

Meeting No. 392 8 September 2015