Ordinary Council Meeting Minutes

Meeting No. 400

Tuesday 9 February 2016 Commenced at 7pm

Keilor Municipal Offices Old Calder Highway Keilor

TRIM Reference: DA/16/2

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 City of Brimbank.

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 23 February 2016 at 7pm

Council Chamber, Sunshine 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 Paul Younis Chief Executive Officer Mr Stuart Menzies Director City Development Ms Helen Morrissey Director Corporate and Community Relations Ms Kath Brackett Director Community Wellbeing Mr Neil Whiteside Director Infrastructure and Environment

Governance Team

Ms Melanie Fleer Governance Manager Governance Officer

Table of Contents

1. Opening (including Acknowledgement of Country) 13473 2. Council Commitment 13473 3. Apologies/Leave of Absence 13473 4. Disclosure of Conflicts of Interest 13473 5. Designation of Items as Confidential 13473 6. Confirmation of Minutes of Previous Meetings 13473 7. Condolences 13473 8. Congratulations 13474 9. Public Question Time 13474 10. Petitions 13475 11. Minutes/Reports of Special Committees 13475 12. Officer Reports

Report 12.1 – Local Government Amendment (Improved Governance) Act 2015 Summary Report 13476 Report 12.2 - Exercise of Delegated Authority 13479 Report 12.3 - Assemblies of Council Report – February 2016 13482 Report 12.4 – Delegates’ and Representatives’ Reports 13484 Report 12.5 - Governance Report – October to December 2015 13486 Report 12.6 - Brimbank Planning Scheme Amendment C177 – Brooklyn Industrial and Commercial Precinct 13489 Report 12.7 – Ballarat Rail-Line Action Committee 13492 Report 12.8 – Proposed Western Distributor Project Status Report – February 2016 13494 Report 12.9 – Review of Construction of Road Humps in McCubbin Drive, Taylors Lakes 13497 Report 12.10 – Brimbank City Council Submission to the Sustainability Fund Priority Statement Review 13500

13. Notices of Motion 13502 14. Rescission Motions 13502 15. Urgent Business 13502 16. Confidential Business 13502

Brimbank City Council Ordinary Council Meeting Minutes 13473

Order of Business

Chair, Mr John Watson opened the meeting at 7pm, and welcomed all in attendance.

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 follows:

As the Council, we will act in the best interests of the Brimbank community and consider the immediate and long term impacts of our decisions. We will make these decisions fairly and without bias.

We will uphold all of our obligations under the laws of Victoria and Council’s local laws, and will act in accordance with our Code of Conduct.

3. Apologies/Leave of Absence

Nil.

4. Disclosure of Conflicts of Interest

Nil.

5. Designation of Items as Confidential

Nil.

6. Confirmation of Minutes of Previous Meetings

Resolution

Moved Mr Tanner / Seconded Mrs Nathan

That the Minutes of Ordinary Council Meeting No. 399, held on Tuesday 15 December 2015, be confirmed. Carried

7. Condolences

7.1 Mr Jack Sheridan

Resolution

Moved Mrs Nathan / Seconded Mr Tanner

That Council sends its condolences to the family of the late Mr Jack Sheridan, former Mayor and Councillor of the City of Keilor, who passed away on Wednesday 3 February 2016. Carried

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8. Congratulations

Chair, Mr John Watson, acknowledged and congratulated fellow Administrator, Mr John Tanner, on being awarded the Australia Medal on Australia Day, for his significant service to State and Federal politics through the National Party of Australia, and to the community of Benalla.

9. Public Question Time

Question 1 (P1/2016) N Marot

1. A tree in Joan Court St Albans was blown over in the November 2015 storms and was removed by Council staff. When will that tree be replaced?

2. There are no seats on the north path of Taylor’s Road between Sunshine Avenue and Keilor Downs Plaza. My elderly friend likes to walk to the plaza regularly but he is finding it hard because he needs to rest along the way. Could Council consider providing seats perhaps at each set of traffic lights (3)?

Answer 1. Mr Whiteside, Director Infrastructure and Environment, advised as part of Council’s Street Tree Replacement Program, nature strip trees are replaced in the planting season, generally between the months of April and September, the optimum time for planting.

There is a planning permit application pending for the residence adjacent to where the tree was located. As there may be a potential conflict between the location of the cross-over and the nature strip tree, Council will wait for the planning matter to be finalised before replacing the tree.

2. Mr Whiteside advised Council’s Urban Design department has completed an assessment of the request for seats in Taylors Road, between Sunshine Avenue and Keilor Downs Plaza, and determined that the installation of one (1) seat, halfway between Sunshine Avenue and the Keilor Shopping Centre, is appropriate. The purchase and installation of the seat will be completed in this financial year (2015/2016), and will be funded through Council’s Landscape Improvement Works Program.

Question 2 (P02/2016) R Carthew

In December 2015, the Brimbank City Council released a tender (contract 16/1675) for a roundabout at the intersection of Overton Lea Boulevard and Pecks Road, Sydenham. If this roundabout is to be of a similar design to the one completed at the intersection of Overton Lea Boulevard and Stagecoach Crescent, Sydenham in 2015. It will probably require the removal of several mature trees, create a roundabout the buses seem to struggle to get through, alleviate no traffic problems and amazingly dig up a large portion of asphalt that was only laid last year when this portion of Overton Lea Boulevard was resealed.

Meeting No. 400 9 February 2016 Brimbank City Council Ordinary Council Meeting Minutes 13475

Could it be possible that the Brimbank City Council is still working off an 11 year old traffic plan for the area when some many variables have changed? Too many to itemise in this question. And will the Council scrap this proposal and concentrate on the real problems that are at the intersection of Hume Drive and Overton Lea Boulevard?

Answer Mr Neil Whiteside, Director Infrastructure and Environment, advised the proposed Overton Lea Boulevard and Pecks Road roundabout completes the Sydenham Local Area Traffic Management project. The Sydenham Local Area Traffic Management project was developed in 2003/2004 and implementation staged over the last 10 years. Individual components of the overall project, such as the proposed Overton Lea Boulevard and Pecks Road roundabout, are individually assessed prior to the project being submitted for funding as part of the annual budget process.

Traffic speeds in Overton Lea Boulevard are the subject of regular enquiries from the community. This project complements the other roundabouts in providing an improved, and safer, environment in Overton Lea Boulevard. There is not expected to be any loss of existing trees with the proposed roundabout project.

In regards to the buses, all projects of this nature on bus routes require consultation with Public Transport Victoria, who are satisfied with the proposal and have given approval to proceed.

Regarding the intersection of Hume Drive and Overton Lea Boulevard, Council will continue to work with Melton City Council in relation to the planning of a suitable treatment for this intersection.

Question 3 (P3/2016) S Jennison

What steps are being taken by Brimbank City Council to ensure the existing Air Services Australia aircraft noise monitor (EMU) remains in Keilor Village?

Answer Mr Stuart Menzies, Director City Development, advised that in late 2015, Council became aware of a proposal by Air Services Australia to relocate the noise monitor from Keilor Village. Council immediately raised concerns about the proposal, as well as concern about the necessary community consultation that should be part of any such proposal.

From this contact, and Council’s participation in the Melbourne Airport Noise Abatement Committee, Air Services Australia advised in November 2015 that it was reviewing the proposal, with outcomes of that review anticipated to be received in February or March 2016. Council’s position is that the noise monitoring unit should be retained in Keilor Village.

10. Petitions

Nil.

11. Minutes/Reports of Special Committees

Nil.

12. Officer Reports (Reports 12.1 – 12.10 follow)

Meeting No. 400 9 February 2016 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13476

Report 12.1 – Local Government Amendment (Improved Governance) Act 2015 Summary Report

Directorate: Corporate and Community Relations Director: Helen Morrissey Policy: Local Government Act 1989 Attachment: 1. Local Government Victoria - Guide to Reforms

Purpose

To provide Council with a summary of the changes to the Local Government Act 1989 (the Act) introduced by the Local Government Amendment (Improved Governance) Act 2015 (the Amendment).

Report

1. Background

The Amendment passed through the State Parliament and was assented to on 27 October 2015, introducing changes to the Act to support a continued focus on strong governance for councils in Victoria.

Some provisions of the Amendment have been proclaimed and commenced, while others are anticipated to commence during 2016.

A guidance document (at Attachment 1 to this report) was issued in December 2015 by Local Government Victoria, to assist councils to interpret and implement the changes to the Act.

A review of Brimbank’s Councillor Code of Conduct (draft Code) had already commenced in 2015, with a draft released for consultation as a proposed Major Policy in accordance with the Brimbank Governance (Major Policy Consultation) Local Law No. 3 2014.

2. Consultation

Updated policies and protocols will be circulated to Council officers and briefings provided as required.

3. Analysis

The Amendment introduces changes in three (3) key areas, with provisions to be enacted at different times over 2015 and 2016. Key provisions, their commencement details and implementation actions (where applicable) have been outlined:

Roles • The role of Councillor has been clarified to include participation in decision-making of Council, representing local community in decision-making and contributing to the strategic direction of Council. Performing the functions of the Chief Executive Officer (CEO) is specifically prohibited • The leadership functions of a Mayor have been articulated as providing guidance to Councillors in relation to their role and observing the Councillor conduct principles and Code of Conduct, acting as principal spokesperson, supporting good working relations between Councillors, and civic and ceremonial duties • CEO functions have been added requiring a CEO to ensure Council receives appropriate and timely advice about its legal obligations, provide support to the Mayor, and to manage all interactions between staff and Councillors.

Meeting No. 400 9 February 2016 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13477

Report 12.1 – Local Government Amendment (Improved Governance) Act 2015 Summary Report (continued)

The provisions relating to roles and functions have all commenced. A Councillor/Council Officer interaction protocol already exists and is a schedule to the draft Code.

Conduct • A Councillor must make a written declaration, witnessed by the CEO, that they will abide by the Code within three (3) months of being elected • The Code must be reviewed within four (4) months of the amended section (76C) of the Act commencing, and within four (4) months of a general election, at a Special Meeting. Each time the Code is reviewed, Councillors are required to make a new declaration • New definitions relating to conduct matters have been inserted, including for misconduct, gross misconduct and serious misconduct • Provision for 120 penalty units (approximately $18,200) to apply for Councillors improperly directing or influencing staff or disclosing confidential information • The Code must include clear processes for disputes to be resolved internally. This provision is supported by enabling Council (by resolution) to sanction Councillors who have contravened the Code, in accordance with recommendations from an independent arbiter. Sanctions may include demanding an apology, banning a Councillor from two (2) Council Meetings, or removing them from a position of representing Council or chairing a committee or assembly for up to two (2) months • A New Principal Councillor Conduct Registrar will be appointed by State Government to receive and assess all applications for Councillor Conduct Panels (CCP), and establish panels if required. Councils will retain a secretariat role, and pay panel costs. Referral to VCAT will only be applicable for allegations of gross misconduct. CCPs can hear serious misconduct complaints and have the power to suspend a Councillor for six (6) months • The power of the Minister for Local Government to appoint municipal monitors has been formalised. The Minister may also stand down an individual Councillor for serious or gross misconduct, on the advice of a municipal monitor. A new power allows the Minister to direct governance improvements, on advice of a monitor or Chief Municipal Inspector • The Chief Municipal Inspector may investigate serious and gross misconduct, and apply for a CCP (for serious misconduct) or to VCAT (for gross misconduct) • Councillor discretionary funds (often called ward funds) have been prohibited • A requirement for the chair of an audit committee to be independent has been included and the chair has been given the power to require an audit committee report be tabled at a Council Meeting.

Only the prohibition on Councillor discretionary funds and the requirement for an independent chair have commenced. These provisions support existing policy and practice at Brimbank, so there are no changes required.

The remaining provisions relating to conduct are expected to be proclaimed in March/April 2016. The draft Code is being reviewed to ensure consistency with the new provisions, and will be ready for Council consideration once the relevant provision has commenced.

Elections • The Victorian Electoral Commission (VEC) has been made the statutory provider of election services for local government in Victoria, including non-voter prosecution, removing the requirement to tender for these services

Meeting No. 400 9 February 2016 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13478

Report 12.1 – Local Government Amendment (Improved Governance) Act 2015 Summary Report (continued)

• The VEC will be responsible for the voters roll and the Returning Officer will be able to remove ineligible candidates from ballot papers • Councils must adopt an election period policy by 31 March 2016 that includes procedures to prevent councils making inappropriate decisions or using council resources inappropriately during an election period. The election period policy must also include limits on public consultation and Council events, and processes to ensure equitable access of Council information to candidates. The policy must be reviewed at least 12 months before a general election, and be available on the website and for public inspection.

The draft Conduct During Elections Policy (Policy) is being reviewed to ensure all new provisions are addressed. The final draft Policy is expected to be presented to Council for consideration in late February 2016.

4. Resource Implications

There are no resource implications.

5. Compliance Statement

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

6. Officer Recommendation

That Council notes: a. The Local Government Amendment (Improved Governance) Act 2015 Summary Report. b. Final drafts of the Councillor Code of Conduct and Conduct During Elections Policy will be presented to Council for consideration in accordance with the timelines introduced by the Local Government Amendment (Improved Governance) Act 2015.

Resolution

Moved Mrs Nathan / Seconded Mr Tanner

Meeting No. 400 9 February 2016 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13479

Report 12.2 - Exercise of Delegated Authority

Directorate: Corporate and Community Relations Director: Helen Morrissey Policy: S5 Instrument of Delegation from Council to the Chief Executive Officer (December 2015), S7 Instrument of Sub-Delegation by the Chief Executive Officer (December 2015), Procurement Policy, Local Government Act 1989 Attachment(s): Nil

Purpose

To provide details of contracts awarded by the Chief Executive Officer (CEO) and Directors in accordance with their financial delegations. This report also includes contracts that were awarded under delegated authority, during the period 16 December 2015 to 8 February 2016.

Report

1. Background

The Exercise of Delegated Authority report is presented to Council on a monthly basis (if applicable) to provide details of contracts entered into or executed under delegation.

The CEO has delegated authority to award contracts up to $1,000,000 and the Directors delegated authority to award contracts up to $200,000.

On 15 December 2015, the Council resolved to delegate to the CEO authority to award specific contracts during the period 16 December 2015 to 8 February 2016.

These contracts, along with the contracts within the thresholds of the existing delegations to the CEO and Directors are listed below. No contracts awarded exceeded the CEO’s existing financial delegation.

2. Consultation

Not applicable.

3. Analysis

Details of contracts approved and awarded under delegation are:

Contract No. Description Successful Contract Date Tenderers Amount Awarded (excl. GST) Conrad Street between Grancon Road Theodore Street and Alfrieda 16/2027 Constructions Pty $461,110.00 3/12/2015 Street, St Albans, Road Ltd Rehabilitation Busch Street between Ferndale Road and Berkshire 16/2080 Viscaria Pty Ltd $242,099.50 3/12/2015 Road, Sunshine North, Road Reconstruction Buckland Crescent from Grancon Road Patterson Ave to Loddon 16/2079 Constructions Pty $236,197.00 3/12/2015 Ave, Keilor, Road Ltd Rehabilitation

Meeting No. 400 9 February 2016 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13480

Report 12.2 - Exercise of Delegated Authority (continued)

Contract Successful Date Contract No. Description Amount Tenderers Awarded (excl. GST) Suspension Street between Holmes Street and West 16/2032 Viscaria Pty Ltd $310,099.50 7/12/2015 Street, Ardeer, Road Rehabilitation Austral Place from Fremont Parade to end of court, 16/2093 Viscaria Pty Ltd $182,499.00 7/12/2015 Sunshine West, Road Reconstruction Norwich Street between Grancon Road Stradbroke Drive and Oxford 16/2092 Constructions Pty $262,700.00 16/12/2015 Road, St Albans, Road Ltd Reconstruction Phoenix Street between Charles Street and Garnet Patten Pavement 16/2081 $242,516.90 13/1/2016 Street, Sunshine North, Services Pty Ltd Road Reconstruction Barwon Ave from Patterson TDL Contractors Pty 16/2078 Ave to Calder Hwy, Keilor, $533,840.00 13/1/2016 Ltd Road Reconstruction Fairbairn Road and Wright Panhold Street, Sunshine West, 16/2098 Constructions Pty $204,000.00 22/1/2016 Roundabout Safety Ltd Improvements Sunshine Avenue, Taylors Man Civil Lakes – Shared Path 16/2119 Constructions Pty $98,171.00 25/1/2016 Construction Rutherglen Ltd Way to Apollo Road Ralph Street, Sunshine West, from Glengala Road to Presta Construction 16/2031 $802,689.00 28/1/2016 the end - Road Group Rehabilitation North Sunshine Industrial Area - Construction of 16/2125 Viscaria Pty Ltd $115,055.00 29/1/2016 Outfall Drain from Detention Tank

4. Resource Implications

The contracts have been awarded in accordance with Council’s approved annual budget.

5. Compliance Statement

This report has been prepared in accordance with the Local Government Act 1989, S5 Instrument of Delegation from Council to the Chief Executive Officer, S7 Instrument of Sub-Delegation from the Chief Executive Officer, and Council’s Procurement Policy.

6. Officer Recommendation

That Council notes the action taken under delegated authority in awarding contracts numbered 16/2027, 16/2080, 16/2079, 16/2032, 16/2093, 16/2092, 16/2081, 16/2078, 16/2098, 16/2119, 16/2031 and 16/2125, for the period 16 December 2015 to 8 February 2016.

Meeting No. 400 9 February 2016 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13481

Report 12.2 - Exercise of Delegated Authority (continued)

Resolution

Moved Mr Tanner / Seconded Mrs Nathan

Meeting No. 400 9 February 2016 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13482

Report 12.3 - Assemblies of Council Report – February 2016

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

Purpose

For Council to note the summary of the Assembly of Council held on 2 February 2016.

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 Assembly of Council held on 2 February 2016:

Meeting Venue Present at Meeting Issues discussed Declaration of Interest 2 February 2016 Keilor Chair John Watson 1. Deer Park Primary Nil Strategic Municipal Administrator Jane Nathan School Site Future Use Briefing Offices Administrator John Tanner Study Chief Executive Officer 2. Strategic Risk Rating – Director Corporate and Environment Community Relations Consequence Director Community Wellbeing 3. Brimbank Planning Director Infrastructure and Scheme Amendment Environment C177 – Brooklyn Director City Development Industrial and Manager Governance Commercial Precinct Manager Urban Design 4. Local Government Coordinator Urban Design Amendment (Improved Governance) Act 2015 Summary Report 5. Governance Report – October to December 2015 6. Exercise of Delegated Authority 7. Ballarat Rail-Line Action Committee

Meeting No. 400 9 February 2016 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13483

Report 12.3 - Assemblies of Council Report – February 2016 (continued)

Meeting Venue Present at Meeting Issues discussed Declaration of Interest 8. Proposed Western Distributor Project Status Report – February 2016 9. Brimbank City Council’s Submission to the Sustainability Fund Priority Statement Review 10. Review of Construction of Road Humps in McCubbin Drive, Taylors Lakes 11. List of Reports for the Ordinary Council Meeting on 9 February 2016

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 – February 2016.

Resolution

Moved Mr Tanner / Seconded Mrs Nathan

That Council notes the Assemblies of Council Report – February 2016. Carried

Meeting No. 400 9 February 2016 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13484

Report 12.4 – Delegates’ and Representatives’ Reports

Directorate: Corporate and Community Relations Director: Helen Morrissey Policy: Local Government Act 1989, Governance Framework 2012 Attachments: 1. Delegate’s Report – Metropolitan Transport Forum Meeting – 4 November 2015 2. Delegate’s Report – Brooklyn Community Reference Group Meeting – 11 November 2015 3. Delegate’s Report – LeadWest Board – 11 November 2015 4. Council Representative’s Report - Brimbank Arts Advisory Committee – 3 December 2015

Purpose

For Council to note the Council Delegates’ and Representatives’ reports for committee meetings held between 4 November 2015 to 3 December 2015.

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 4 November 2015 to 3 December 2015:

Delegate/ Name of Committee Date Representative

Metropolitan Transport Forum 4 November 2015 John Tanner

Brooklyn Community Reference Group 11 November 2015 Jane Nathan

LeadWest Board 11 November 2015 John Watson

Brimbank Arts Advisory Committee 3 December 2015 Jane Nathan

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

There were no matters from the committees to be presented to Council for consideration.

Meeting No. 400 9 February 2016 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13485

Report 12.4 – Delegates’ and Representatives’ Reports (continued)

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 notes the:

• Council Delegate’s report for the Metropolitan Transport Forum meeting held on 4 November 2015, at Attachment 1 to this report.

• Council Delegate’s report for the Brooklyn Community Reference Group meeting held on 11 November 2015, at Attachment 2 to this report.

• Council Delegate’s report for the LeadWest Board meeting held on 11 November 2015, at Attachment 3 to this report.

• Council Representative’s report for the Brimbank Arts Advisory Committee meeting held on 3 December 2015, at Attachment 4 to this report.

Resolution

Moved Mrs Nathan / Seconded Mr Tanner

That Council notes the:

• Council Delegate’s report for the Metropolitan Transport Forum meeting held on 4 November 2015, at Attachment 1 to this report.

• Council Delegate’s report for the Brooklyn Community Reference Group meeting held on 11 November 2015, at Attachment 2 to this report.

• Council Delegate’s report for the LeadWest Board meeting held on 11 November 2015, at Attachment 3 to this report.

• Council Representative’s report for the Brimbank Arts Advisory Committee meeting held on 3 December 2015, at Attachment 4 to this report. Carried

Meeting No. 400 9 February 2016 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13486

Report 12.5 - Governance Report – October to December 2015

Directorate: Corporate and Community Relations Director: Helen Morrissey Policy: Local Government Act 1989, Council Code of Conduct, Governance Framework, Administrators Expense Reimbursement Policy, Governance (Major Policy Consultation) Local Law No.3 Attachment: 1. Draft Procurement Policy

Purpose

To present to Council a summary of governance activity for the period 1 October to 31 December 2015.

Report

1. Background

The governance report has been developed as a standing quarterly report to Council to report on governance issues, in accordance with best practice and good governance principles. The report is presented to Council following the end of each quarter.

2. Consultation

Not applicable.

3. Analysis

The governance activities noted for the months of October, November and December 2015, are: a. Assembly of Council Report

Assemblies of Council are reported separately in the Assemblies of Council Report. b. Inspection of Public Registers

There were no requests for inspection of public registers received during the period. c. Expenses

Clause 18 of the Council Code of Conduct requires a report to be presented to Council on the value of support expenses claimed by Members of Council at the end of each quarter. Expenses for the quarter ending 31 December 2015 were:

Expense Item Cost Travel - Local $2,320.93 Travel – Interstate Nil Communication Expenses $345.13

Meeting No. 400 9 February 2016 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13487

Report 12.5 - Governance Report – October to December 2015 (continued) d. Procurement Policy Review

An annual review of the Brimbank Procurement Policy was finalised in the October to December quarter. In accordance with section 186A(7) of the Local Government Act 1989, at least once in each financial year, Council must review its procurement policy (and may amend the policy). The 2015/2016 review identified opportunities for improvement.

The draft Brimbank Procurement Policy (draft Policy), at Attachment 1 to this report, proposes to increase the transparency of Brimbank’s procurement processes and ensures supply arrangements that deliver best value outcomes in terms of expertise, cost, value and positive social and environmental outcomes.

The draft Policy lays out Council’s procurement practices, incorporating into the publicly available document, information that had formerly been included in internal procedural documents and guidelines.

The draft Policy also includes changes relating to the minimum-spend competition thresholds and proposes amendments to reflect current legislation. e. Appointments to Council Committees

The review of appointments to Council committees presented to Council on 24 November 2015 did not include a recommendation for an appointment to the Brooklyn Industrial Precinct Strategy Committee (the Committee). The Committee is set to continue in 2016, providing advice and recommendations to Council on the amenity of the Brooklyn Industrial Precinct, and appointment of a Council representative is appropriate.

4. Resource Implications

The costs associated with reported Member of Council support expenses were in accordance with the Annual Budget 2015/2016.

5. Compliance Statement

This report has been prepared in compliance with the Local Government Act 1989, Administrators Expense Reimbursement Policy, and the Council Code of Conduct.

6. Officer Recommendation

That Council: a. Notes the Governance Report for the period 1 October 2015 to 31 December 2015. b. Adopts the Draft Brimbank Procurement Policy, at Attachment 1 to this report. c. Appoints ______as its representative to the Brooklyn Industrial Precinct Strategy Committee for the period 25 February to 22 October 2016.

Meeting No. 400 9 February 2016 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13488

Report 12.5 - Governance Report – October to December 2015 (continued)

Resolution

Moved Mr Tanner / Seconded Mr Watson

That Council: a. Notes the Governance Report for the period 1 October 2015 to 31 December 2015. b. Adopts the Draft Brimbank Procurement Policy, at Attachment 1 to this report. c. Appoints Administrator Jane Nathan as its representative to the Brooklyn Industrial Precinct Strategy Committee for the period 25 February to 22 October 2016. Carried

Meeting No. 400 9 February 2016 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13489

Report 12.6 - Brimbank Planning Scheme Amendment C177 – Brooklyn Industrial and Commercial Precinct

Directorate: City Development Director: Stuart Menzies Policy: Brooklyn Evolution 2012, Planning and Environment Act 1987 Attachments: 1. Panel Report 2. Strategic Assessment Report 3. Revised DDO11, Revised Clause 21.09, Planning Scheme Maps 4. Revised Brooklyn Evolution Strategy (February 2016)

Purpose

For Council to consider modified Brimbank Planning Scheme Amendment C177 - Brooklyn Industrial and Commercial Precinct (Amendment C177) which proposes to: • Amend Clause 21.09 Industrial Land Use of the Municipal Strategic Statement (MSS) • Apply Schedule 11 to the Design and Development Overlay (DDO11) to all land in the Brooklyn Industrial Precinct • Rezone land along part of the Geelong Road, Brooklyn frontage from Industrial 1 Zone to the Commercial 2 Zone • Make changes to the Brooklyn Evolution 2012.

Report

1. Background

At the Ordinary Council Meeting on 14 July 2015, Council resolved to request the Minister for Planning appoint a planning panel (Panel) to review 11 unresolved submissions in relation to Amendment C177. The Panel hearing was conducted on 8 and 9 October 2015. The Panel report (dated December 2015) is at Attachment 1 to this report.

The submissions to the Panel focused on the cost implications of the mandatory planning requirements within the proposed DDO11, particularly the requirements for landscaping, setbacks and paving of sites.

Council’s submission to the Panel highlighted the work that Council and the Environment Protection Agency (EPA) have been undertaking to improve the amenity, infrastructure and environmental conditions within the Brooklyn Industrial and Commercial Precinct (Precinct), in accordance with the recommendations of Brooklyn Evolution 2012.

2. Consultation

Council received 18 submissions to Amendment C177, including seven (7) submissions that were in support, or offered no objection, and 11 submissions that objected to the inclusion of mandatory requirements within the proposed DDO11.

3. Analysis

In summary, the Panel supported Amendment C177 and made the following recommendations: • Rezone the Geelong Road, Brooklyn frontage from Industrial 1 Zone to the Commercial 2 Zone with no changes.

Meeting No. 400 9 February 2016 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13490

Report 12.6 - Brimbank Planning Scheme Amendment C177 – Brooklyn Industrial and Commercial Precinct (continued)

• Change Clause 21.09 of the MSS Policy direction about the future of the Precinct, including recognition of resource recovery and recycling industries, and to amend the Industrial Framework Plan to reflect the change to the commercial frontage along Geelong Road, Brooklyn. • Change the structure of the DDO11 including new headings: Building Design, Access and Connection, Environmental Conditions, Landscape, Image and Identity, and Fences; and inclusion of industrial and commercial requirements under each heading. • Re-word DDO11 to remove some repetitiveness, including the replacement of ‘ensure’ and ‘encourage’ with ‘must’, ‘should’ or ‘may’, and replacing the word ‘paved’ and ‘sealed’ in relation to the sealing of surfaces within sites with ‘all weather seal’. • Modify the Brooklyn Evolution 2012, including that ‘Precinct 4 will continue to phase out heavy industrial uses such as material recycling and waste transfer that cannot achieve best practice’

The Council officer strategic assessment of Amendment C177, including a review of the Panel Report and recommendations, is at Attachment 2 to this report.

The MSS and DDO11 have been modified generally in accordance with the Panel report. In some instances, Council has retained original wording to reflect the original intent and vision. For example, the five (5) metre landscape setback remains a mandatory requirement to ensure a consistent approach, and some sustainability provisions and detail is retained, consistent with the Brooklyn Evolution 2012. The suggestion to consider introducing a local areas section in the MSS will be considered as part of the MSS review this year. The revised MSS and DDO11 are at Attachment 3, and revised Brooklyn Evolution 2012 is at Attachment 4 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 accordance with Part 1A (Victoria Planning Provisions) and Part 3 Division 1 of the Planning and Environment Act 1987, and is consistent with the Brimbank Council Plan 2013–2017 action to ‘undertake a planning scheme amendment to implement the Brooklyn Evolution’.

Meeting No. 400 9 February 2016 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13491

Report 12.6 - Brimbank Planning Scheme Amendment C177 – Brooklyn Industrial and Commercial Precinct (continued)

6. Officer Recommendation

That Council:

a. Approves minor changes to the Brooklyn Evolution 2012, in accordance with Attachment 4 to this report.

b. Adopts modified Amendment C177 to the Brimbank Planning Scheme under Section 29 of the Planning and Environment Act 1987, to amend Clause 21.09 to the Municipal Strategic Statement, apply a new Design and Development Overlay Schedule 11 - Brooklyn Industrial and Commercial Precinct, rezone land along part of the Geelong Road, Brooklyn frontage from Industrial 1 Zone to the Commercial 2 Zone, in accordance with Attachment 3 to this report.

c. Forwards Brimbank Planning Scheme Amendment C177 – Brooklyn Industrial and Commercial Precinct, to the Minister for Planning for approval.

Resolution

Moved Mrs Nathan / Seconded Mr Tanner

That Council:

a. Approves minor changes to the Brooklyn Evolution 2012, in accordance with Attachment 4 to this report.

c. Forwards Brimbank Planning Scheme Amendment C177 – Brooklyn Industrial and Commercial Precinct, to the Minister for Planning for approval. Carried

Meeting No. 400 9 February 2016 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13492

Report 12.7 – Ballarat Rail-Line Action Committee

Directorate: Infrastructure and Environment Director: Neil Whiteside Policy: Brimbank Transport Priorities Paper Attachment(s): Nil

Purpose

For Council to consider becoming a member of the Ballarat Rail-Line Action Committee (BRAC).

Report

1. Background

The existing rail line beyond Sunshine to Melton mostly consists of a single, non- electrified track and is therefore only able to be serviced by the V/Line diesel rail service. This service has limited passenger carrying capacity, which restricts access to public transport for many people in the west of Melbourne.

The duplication and electrification of the rail line between Sunshine and Melton was identified as a project in the Public Transport Victoria’s Network Development Plan – Metropolitan Rail (2012).

There has been large population growth in the western area of Brimbank. To the west of Brimbank, the City of Melton is expected to ultimately develop to a population over 400,000, placing a demand on the transport system that cannot be met with the current infrastructure.

Melton City Council has taken the lead in inviting affected municipalities (including Brimbank City Council, Ararat Rural City Council, Ballarat City Council, Moorabool Shire Council and Pyrenees Shire Council) and other key stakeholders, to form an action group to advocate for improvements to the Ballarat/Ararat and Maryborough railway lines. It is proposed the structure of the group be a committee of Mayors from all affected municipalities (the BRAC), and a working group to support the committee, made up of Chief Executive Officers or their delegates (the Working Group).

The proposed BRAC would meet approximately four (4) times per year, with a strategic outlook, and to approve campaign strategies. The Working Group would initially meet monthly to develop strategies, represent council views, and endorse approaches and initiatives to take back to individual councils.

2. Consultation

Brimbank City Council has long advocated for the duplication and electrification of the railway line to Melton. This project is included within Council’s Transport Priorities Paper as a key initiative.

3. Analysis

The intent of the BRAC is to advocate for key improvements in access to public transport for the broader region, with an agreed strategy to be developed.

Meeting No. 400 9 February 2016 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13493

Report 12.7 - Ballarat Rail-Line Action Committee (continued)

Short-term enhancements may include improved timetabling and augmented rolling stock, while advocacy would be around the duplication and electrification of the Sunshine to Melton line.

The proposed BRAC would provide a regional alliance that would be able to provide appropriate representation to groups such as Infrastructure Australia and Infrastructure Victoria.

The proposed improvements to services on this line would greatly improve the access to education, employment and leisure opportunities for residents to the west of Sunshine, including those from Ardeer, Deer Park and Derrimut.

The high cost of running cars is a significant proportion of many household budgets in Brimbank, and proposals to improve access to the public transport system should be strongly supported. Improvements to this rail corridor would also reduce the amount of traffic, having a positive effect on road congestion.

4. Resource Implications

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

5. Compliance Statement

The recommendation made in this report is consistent with Council’s Transport Priorities Paper.

6. Officer Recommendation

That Council: a. Appoints the Chair of Brimbank’s Panel of Administrators, John Watson, to act as Brimbank City Council’s representative on the Ballarat Rail-Line Action Committee. b. Notes the Chief Executive Officer, or delegate, will participate in a Working Group to support the Ballarat Rail-Line Action Committee.

Resolution

Moved Mrs Nathan / Seconded Mr Tanner

Meeting No. 400 9 February 2016 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13494

Report 12.8 – Proposed Western Distributor Project Status Report – February 2016

Directorate: Infrastructure and Environment Director: Neil Whiteside Policy: Road Safety Plan, Transport Priorities Paper Attachment: 1. Map of Proposed Western Distributor Project

Purpose

To provide Council with an update on the status of the proposed Western Distributor project to be led by Transurban.

Report

1. Background

Victoria’s M1 Corridor connects the west with the south-east of Melbourne and Melbourne’s central and inner areas. The corridor area accommodates 37 per cent of the metropolitan population and 56 per cent of the metropolitan workforce. Analysis has shown that key problems with this corridor include the over-reliance on the West Gate Bridge, which is currently operating at capacity, and port and freight connections are inadequate to cater for growth, causing amenity issues in the west.

A business case has been developed by the State Government to inform a government decision on whether the Transurban-led Western Distributor proposal has investment merit, based on a broader assessment of transport needs in the M1 Corridor.

2. Consultation

Transurban has undertaken consultation with the community, councils and other stakeholders since April 2015. Transurban’s publications detail that the consultation has resulted in the modification of the proposal to attempt to get more vehicles off local roads.

3. Analysis

The Business Case considers two (2) corridors previously identified in the Eddington Study: a northern corridor that connects City Link and the M80 Ring Road under Footscray and through Brooklyn (primarily the Westlink proposal; or a southern corridor that links City Link and the West Gate Freeway in the vicinity of Williamstown Road (primarily the Western Distributor proposal). Due to greater than expected growth, the Business Case argues that there is a need for both corridors in the longer term.

The preferred investment pathway in the Business Case is to construct the southern section (Western Distributor) first, followed by Stage 1 of the northern section (City Link to Paramount Road) in 15 to 20 years, and Stage 2 of the northern section (Paramount Road to M80 Ring Road) in 25 to 30 years. This maximises the benefit-cost ratio of the project and addresses existing issues, while being flexible in regards to future commitments.

Meeting No. 400 9 February 2016 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13495

Report 12.8 - Proposed Western Distributor Project Status Report – February 2016 (continued)

The proposed Western Distributor project (at Attachment 1 to this report) includes: • Widening the West Gate Freeway from eight (8) to 12 lanes between the M80 Ring Road and Williamstown Road • A tunnel under Yarraville and a second river crossing over the Maribyrnong River • An elevated road along Footscray Road with direct links to the Port of Melbourne • 4.5 kilometres of new cycling and pedestrian paths, including completion of the Federation Trail.

The current proposal provides an alternative to the West Gate Bridge and aims to reduce congestion on the West Gate corridor and take trucks off local streets, particularly in the inner west. Works are proposed to commence in 2018 and be completed by 2022.

The proposed toll structure is that cars will pay about three (3) dollars, in today’s dollars, to use the Western Distributor (the new section from the West Gate corridor near Williamstown Road to Citylink), with trucks being tolled up to about $13, depending on toll points. This means trucks will be tolled on the proposed widened section of the West Gate Freeway, for which there are currently no tolls. There is a risk that trucks, to avoid paying these tolls, will use local roads, which will have negative impacts on amenity and road safety. Other issues raised through consultation so far include air quality, noise, traffic and trucks in the inner west, and contaminated soil in industrial areas.

On 18 December 2015, the Minister for Planning declared the works proposed for the Western Distributor will require an Environment Effects Statement (EES). The EES will assess environmental, heritage, urban design, traffic, transport, economic and social impacts. The EES is required to be released for public comment for at least 30 days. The timing of the release of the EES is not yet known. As the proponent, Transurban is required to submit a proposed schedule for the completion of studies, preparation and exhibition of the EES to the Department of Environment, Land, Water and Planning. It is understood however, that consultation regarding the scope of the EES will commence in February with residents, councils and industry.

Northern Corridor In regard to the longer term northern corridor, there is great uncertainty as to the timing and final location of the proposed route. This may have impacts on investment in the area, and in particular, on the activation of Brooklyn. In light of these potential impacts, it would be prudent to request the State Government to commit to a study to finalise the proposed road corridor location and commence the reservation process within a specific timeframe. This will enable businesses to progress with certainty in regard to investment and development of their sites.

4. Resource Implications

There are no resource implications.

5. Compliance Statement

The recommendation made in this report is consistent with Council’s Transport Priorities Paper.

Meeting No. 400 9 February 2016 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13496

Report 12.8 - Proposed Western Distributor Project Status Report – February 2016 (continued)

6. Officer Recommendation

That Council: a. Notes the Proposed Western Distributor Project Status Report – February 2016.

b. Commences preparation of a submission to the Environmental Effects Statement process regarding the Western Distributor’s potential impacts on the Brimbank community.

c. Writes to the Minister for Roads and Road Safety, the Hon. Luke Donnellan MP, urging the State Government to finalise the proposed northern road corridor location and commence the reservation process, which will provide certainty to property owners in Brooklyn.

Resolution

Moved Mr Tanner / Seconded Mrs Nathan

That Council:

a. Notes the Proposed Western Distributor Project Status Report – February 2016.

b. Commences preparation of a submission to the Environmental Effects Statement process regarding the Western Distributor’s potential impacts on the Brimbank community.

Meeting No. 400 9 February 2016 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13497

Report 12.9 – Review of Construction of Road Humps in McCubbin Drive, Taylors Lakes

Directorate: Infrastructure and Environment Director: Neil Whiteside Policy: Road Safety Plan Attachment: 1. Site Location Map

Purpose

For Council to consider not proceeding with the construction of five (5) Watts profile road humps along McCubbin Drive, Taylors Lakes.

Report

1. Background

In the period between 2008 and 2010, Council investigated road safety concerns along McCubbin Drive, Taylors Lakes. This investigation showed that speeds were quite high at 36 McCubbin Drive, but marginal to install traffic management measures at 66 McCubbin Drive (see results below). Given the high level of property owner/occupier support for the road humps (70 per cent), a business case was prepared for funding and the project was assessed on its priority, compared with similar proposals across Brimbank. Funding was allocated as part of the 2015/2016 Annual Budget.

Due to design constraints, one of the proposed locations of the road humps was required to be changed. This resulted in the affected property owner contacting Council, and raising concerns about the road hump installation in front of their property. In addition, Council received further calls from other residents of McCubbin Drive and the surrounding streets requesting Council not proceed with the construction of the road humps.

2. Consultation

The owners/occupiers of properties in McCubbin Drive and surrounding streets were consulted in 2010 and again in September 2015, following resident requests that Council not proceed with the installation of the road humps.

The results of the surveys are shown below:

2010 Survey 2010 Survey 2015 Survey McCubbin Drive & McCubbin Drive McCubbin Drive surrounding streets only only TOTAL % TOTAL % TOTAL % In Favour 106 49 23 70 16 53 Against 110 51 10 30 14 47

3. Analysis

McCubbin Drive, west of Robertsons Road (at Attachment 1 to this report) is a local residential street with a default 50km/h residential speed limit. Traffic surveys were undertaken as part of the initial investigation in 2008 at 66 McCubbin Drive, and in 2010 at 36 McCubbin Drive, to determine vehicle speeds, along with an assessment of Police reported crashes along McCubbin Drive.

Meeting No. 400 9 February 2016 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13498

Report 12.9 – Review of Construction of Road Humps in McCubbin Drive, Taylors Lakes (continued)

Further traffic surveys were recently conducted to determine if the installation of road humps were still warranted along McCubbin Drive.

The results of the traffic surveys were:

At 66 McCubbin Drive Year Traffic Volume 85th Percentile Speed Average Speed 2008 1,103 vehicles per day 57 km/h 49 km/h 2015 970 vehicles per day 56 km/h 48 km/h

At 36 McCubbin Drive Year Traffic Volume 85th Percentile Speed Average Speed 2010 2,207 vehicles per day 63 km/h 55 km/h 2015 3,394 vehicles per day 62 km/h 55 km/h *85th Percentile speed is the speed that 85 per cent of vehicles travel at or less.

There was one (1) Police reported accident in 2007.

The results of the McCubbin Drive owner/occupier consultation in 2010 showed 70 per cent in favour of the proposal; and 53 per cent were in favour of the proposal in 2015. A review of the 2015 survey identified that of the 14 objections received, six (6) supported the proposal during the initial consultation in 2010. All six (6) of these properties either have a road hump proposed outside their property, or next door.

Council officers have also received a number of emails objecting to the installation of the road humps, likely from members of the community who use McCubbin Drive but do not live on McCubbin Drive. The objections are generally about alleged damage to vehicles and the inconvenience of mounting the road humps.

4. Resource Implications

Council allocated $568,000 in the 2015/2016 Capital Works budget to undertake the construction of road humps at various locations across the City, including McCubbin Drive. If the construction of road humps in McCubbin Drive does not proceed, other priority sites will be funded as an alternative, based on priorities identified by Council’s Engineering Services department.

5. Compliance Statement

The recommendation and contents of this report are consistent with the Road Safety Plan and Council’s investigation procedures.

6. Officer Recommendation

That Council:

a. Determines not to proceed with the installation of five (5) Watts profile road humps along McCubbin Drive, Taylors Lakes, at this time.

b. Continues to monitor traffic conditions along McCubbin Drive, Taylors Lakes.

c. Advises the residents of McCubbin Drive, Taylors Lakes, and the members of the community that objected to the proposal, of Council’s decision.

Meeting No. 400 9 February 2016 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13499

Report 12.9 – Review of Construction of Road Humps in McCubbin Drive, Taylors Lakes (continued)

Resolution

Moved Mrs Nathan / Seconded Mr Tanner

That Council:

a. Determines not to proceed with the installation of five (5) Watts profile road humps along McCubbin Drive, Taylors Lakes, at this time.

b. Continues to monitor traffic conditions along McCubbin Drive, Taylors Lakes.

c. Advises the residents of McCubbin Drive, Taylors Lakes, and the members of the community that objected to the proposal, of Council’s decision. Carried

Meeting No. 400 9 February 2016 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13500

Report 12.10 – Brimbank City Council Submission to the Sustainability Fund Priority Statement Review

Directorate: Infrastructure and Environment Director: Neil Whiteside Policy: Brimbank Community Plan 2009-2030 (Updated 2013), Brimbank Council Plan 2013-2017 (Updated 2015), Brimbank Sustainability Policy and Framework, Brimbank Waste Management Strategy 2007-2017, Brimbank Greenhouse Gas Reduction Strategy 2013- 2023 Attachments: 1. Draft Sustainability Fund Priority Statement 2. Submission to the Sustainability Fund Priority Statement Review

Purpose

For Council to consider the submission to the Sustainability Fund Priority Statement Review.

Report

1. Background

The Sustainability Fund (the Fund) is a perpetual fund that receives money collected from Victorian landfill levies, after funds are distributed to key environmental agencies including the Environmental Protection Agency (EPA), Sustainability Victoria and Victorian Waste and Resource Recovery Groups.

The purpose of the Fund is to foster environmentally sustainable resource use and best practice in waste management, and community action or innovation to reduce greenhouse gas emissions or adaptation to climate change.

The Sustainability Fund Priority Statement sets out the priorities of the State Government within the legislated areas of waste, resource recovery and climate change, and how funds will be invested. The existing priority statement was prepared in 2012 and reflects the priorities of the previous State Government.

A Draft Sustainability Fund Priority Statement (at Attachment 1 to this report) was released by the Department Environment, Land, Water and Planning (DELWP) for community consultation. The consultation period ended on 20 December 2015. Due to the deadline for submissions, a submission was forwarded by Council officers to DELWP on 18 December 2015 (at Attachment 2 to this report).

2. Consultation

Extensive consultation was undertaken to inform the development of the Brimbank Waste Management Strategy 2007-2017 and Brimbank Greenhouse Gas Reduction Strategy 2013-2023.

3. Analysis

Brimbank is supportive of priorities identified within the Draft Sustainability Fund Priority Statement, and supports initiatives that foster employment, new technology and innovation, resource efficiency or ongoing behaviour change.

Meeting No. 400 9 February 2016 Brimbank City Council Ordinary Council Meeting Minutes Officer Reports 13501

Report 12.10 – Brimbank City Council Submission to the Sustainability Fund Priority Statement Review (continued)

Brimbank is also supportive of measures that ensure its environment remains healthy, and that minimises impacts on the environment by generating less waste, and reducing the amount of greenhouse gas emissions generated.

The Municipal Association of Victoria (MAV) estimates the Fund has gathered half a billion dollars in reserves through the collection of the landfill levy across all forms of waste, including municipal, commercial and industrial, and construction and demolition. Brimbank, through the residential kerbside garbage collection service and municipal operations, has contributed an estimated $2,979,113 in 2014/2015 alone, and over $10.2 million to the Fund since 2011/2012.

While the submission expresses support for the State Government’s priorities that have driven a review of the Fund, it also recommends income derived through the Fund is expended within two (2) years of its collection.

In the submission, Brimbank also recommends current accrued savings within the Fund are expended on environmental action within two (2) years.

4. Resource Implications

There are no resource implications.

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), Brimbank Sustainability Policy and Framework, Brimbank Waste Management Strategy 2007-2017 and the Brimbank Greenhouse Gas Reduction Strategy 2013-2023.

6. Officer Recommendation

That Council endorses the submission to the Sustainability Fund Priority Statement Review, at Attachment 2 to this report.

Resolution

Moved Mr Tanner / Seconded Mrs Nathan

That Council endorses the submission to the Sustainability Fund Priority Statement Review, at Attachment 2 to this report. Carried

Meeting No. 400 9 February 2016 Brimbank City Council Ordinary Council Meeting Minutes 13502

13. Notices of Motion

Nil.

14. Rescission Motions

Nil.

15. Urgent Business

Nil.

16. Confidential Business

Nil.

The Chair declared the meeting closed at 7.46pm.

Confirmed this …………………………… day of ………………………….. 2016.

…………………………………… Mr John Watson Chair

Meeting No. 400 9 February 2016