SPECIAL COUNCIL MINUTES - boroondara.vic.gov.au · business development fund for the Balwyn North Shopping and Business . Centre (Centre) and determine whether to declare the proposed

SPECIAL COUNCIL

MINUTES (Open to the public) Monday 4 May 2020 Online - Delivered via Webex Events Commencement 8.23pm Attendance Councillor Cynthia Watson (Mayor)

Councillor Jane Addis Councillor Phillip Healey Councillor Lisa Hollingsworth Councillor Steve Hurd Councillor Jim Parke Councillor Coral Ross Councillor Felicity Sinfield Councillor Garry Thompson Councillor Jack Wegman

Apologies Nil Officers Phillip Storer Chief Executive Officer

Shiran Wickramasinghe Director City Planning Carolyn McClean Director Community Development Bruce Dobson Director Customer Experience and

Business Transformation Daniel Freer Director Environment and Infrastructure Carolyn Terry Executive Manager People Culture and

Development David Thompson Manager Governance Fiona Banks Manager Economic Development Adam Hall Manager Environment and Sustainable

Living Andrew Mackinnon Group Manager Parks and Infrastructure Mathew Dixon Coordinator Environmental

Sustainability Elizabeth Manou Governance Projects Officer Helen Pavlidis Governance Projects Officer Lucy Toto End-User Services Team Leader

Special Council Minutes 04/05/2020

City of Boroondara Page 2

Table of contents 1. Declaration of conflict of interest of any councillor or council officer 3 2. Presentation of officer reports 4

3.1 Balwyn North Shopping and Business Centre - Marketing and Business Development Fund 4

3.2 Recommendations of the Audit Committee Meeting held

4 March 2020 9

3.3 Response to Regulatory Impact Statement and Exposure Draft - Electricity Safety (Electric Line Clearance) Regulations 2020 9

3.5 Contracts for Electricity Supply 11

3.4 Contract No. 2020/2, Open Space Project Design Panel 13

3.6 Revised Instruments of Delegation from Council to Council Staff 15

3.7 Revised Instruments of Appointment and Authorisation for Statutory

Planners 15



Procedural motion - Adjournment Moved Councillor Healey Seconded Councillor Sinfield That the Special Council Meeting be adjourned. CARRIED The Special Council Meeting adjourned at 8.24pm. Procedural motion - Resumption MOTION Moved Councillor Healey Seconded Councillor Parke That the Special Council Meeting be resumed. CARRIED The Special Council Meeting meeting resumed at 8.50pm with all councillors present except Councillor Hurd. Tribute to Police Officers - Tragic Loss of Life on 22 April 2020 Councillor Sinfield paid tribute to Leading Senior Constable Lynette Taylor, Senior Constable Kevin King, Constable Glen Humphris and Constable Joshua Prestnell who were tragically killed in a collision on the Eastern Freeway on 22 April 2020. Councillor Sinfield acknowledged the first responders and community members who came to their aid and passed on her condolences to the family, friends and colleagues of the four officers. 1. Declaration of conflict of interest of any councillor or council officer Nil



2. Presentation of officer reports The Items on the agenda were considered in the following order: 3.1 Balwyn North Shopping and Business Centre - Marketing and Business

Development Fund 3.2 Recommendations of the Audit Committee Meeting held 4 March 2020 3.3 Response to Regulatory Impact Statement and Exposure Draft - Electricity

Safety (Electric Line Clearance) Regulations 2020 3.5 Contracts for Electricity Supply 3.4 Contract No. 2020/2, Open Space Project Design Panel 3.6 Revised Instruments of Delegation from Council to Council Staff 3.7 Revised Instruments of Appointment and Authorisation for Statutory Planners 3.1 Balwyn North Shopping and Business Centre - Marketing and Business

Development Fund The purpose of this report is for Council to consider submissions received following public notice of its intention to declare a special rate and charge for a marketing and business development fund for the Balwyn North Shopping and Business Centre (Centre) and determine whether to declare the proposed Balwyn North Special Rate and Charge Scheme (proposed Scheme). The Centre’s current five year special rate and charge scheme is due to expire on 30 June 2020. The scheme funds marketing and business development initiatives in the Centre. The North Balwyn Village Traders Association (NBVTA) has requested Council declare a renewed special rate and charge scheme to apply for five years from 1 July 2020 to 30 June 2025. Council resolved on 11 November 2019 to commence the statutory process and give public notice for the declaration of the proposed Scheme in response to the NBVTA’s request. Public notice of the proposed Scheme was made in the Progress Leader newspaper on 11 February 2020. Council invited submissions regarding the proposed Scheme to be lodged by 11 March 2020. Council received a total of 2 submissions in relation to the same set of properties:

• 1 submission from the occupier stating their business occupies three upper level suites of 70 Doncaster Road, Balwyn North: Suite 1/70, Suite 2/70 and Suite 3/70 and therefore should only be liable to pay one charge of $268.00 per annum.



• 1 submission from the owner for the same group of properties: 70 Doncaster

Road: Suite 1/70, Suite 2/70 and Suite 3/70 confirming the tenant’s liability to pay the special charge and informing Council the tenant has combined three adjacent office areas (Suites 1, 2 ,3/70 Doncaster Road) into one business. The owner requests Council give consideration to removing the Special Charge from suites 2/70 and 3/70 Doncaster Road so that the tenant is only liable to pay one charge of $268.00 per annum.

Council officers were able to establish the right to object by the tenant for 70 Doncaster Road: Suite 1/70, Suite 2/70 and Suite 3/70 as a result of information provided with the owner’s submission. As such, Council officers consider a valid objection was made with respect to a total of 2 properties suites 2/70 and 3/70 Doncaster Road. Hence this equates to 2.7% of the 72 rateable properties in the proposed Scheme. Council officers have considered the submissions to the proposed Scheme. In consulting with Council’s property and rates department they have advised that if suites 1/70, 2/70 and 3/70 Doncaster Road are occupied by the one business then Council should rate them as one assessment. Council must consider the submissions prior to determining whether to declare the proposed Scheme. As fewer than 50% of those who are required to pay the proposed special rate and charge lodged an objection, Council is able to declare the proposed Scheme. Declaration of the proposed Scheme will ensure support for a comprehensive marketing and business development program providing a special benefit for all businesses and property owners in the Centre. The proposed Scheme will apply for five years commencing 1 July 2020 and ending on 30 June 2025. The scheme will raise approximately $40,953.50 in the first year with a total levy of approximately $204,767 expected over five years. The amount levied is likely to increase each year given the application of CPI over the life of the proposed Scheme.



MOTION Moved Councillor Hollingsworth Seconded Councillor Addis That Council resolve to 1. Receive and note the written submissions. 2. Declare the Balwyn North Special Rate and Charge in accordance with

section 163 of the Local Government Act 1989 for the purpose of defraying expenses of advertising, promotion, centre management, business development and other incidental expenses associated with the encouragement of commerce in the Balwyn North Shopping and Business Centre (Centre), which Council considers is or will be of special benefit to those persons required to pay the special rate and charge, as follows:

(a) a Balwyn North Special Rate and Charge be declared for a period of

five years commencing on 1 July 2020 and concluding on 30 June 2025.

(b) the Balwyn North Special Rate and Charge be:

(i) declared for the purpose of defraying expenses of advertising,

promotion, centre management, business development and other incidental expenses associated with the encouragement of commerce in the Centre, which Council considers is or will be of special benefit to those persons required to pay the Balwyn North special rate and charge; and

(ii) implemented by carrying out or enabling to be carried out

activities that help achieve the purpose ("the function").

(c) the following be specified as the manner in which the Balwyn North special rate and charge so declared will be assessed and levied as set out in (Attachment 1) to this report:

I. For the Primary Area - A charge of $859 per annum. Subject to annual CPI (All Groups, Melbourne) increases.

Precinct Charge The core retail and commercial area. Ground floor properties with a frontage to Doncaster Road. Doncaster Road 60, 61, 63, 62-64, 65, 66, 66A,66B, 66C, 67, 68, 68A,68B, 70, 70B, 70C, 72, 72A, 69, 71, 73, 1/75, 77, 79, 81, 83, 87, 89, 91, 1/74, 2/74, G0 8/78, G0 9/78, G 10/78

A charge of $859 per annum. Subject to annual CPI (All Groups, Melbourne) increases.



II. For the Secondary Area - A charge of $429.50 per annum. Subject to

annual CPI (All Groups, Melbourne) increases.

The secondary retail and commercial area. Ground floor properties without a frontage to Doncaster Road. Doncaster Road. 1/70A, 2/70A, 3/70A, 4/70A, 5/70A, 6/70A, 7/70A, 8/70A, 3/72, 4/72, 93, 3/74, 4/74

A charge of $429.50 per annum. Subject to annual CPI (All Groups, Melbourne) increases.

III. For the Tertiary Area - A charge of $268 per annum. Subject to annual

CPI (All Groups, Melbourne) increases.

The tertiary retail and commercial area. Upper level premises. Doncaster Road Level 1/62-64, Suite 4/70, Suite 5/70, Suite 6/70, Suite 1/70, 6/72, 7/72, 2/75, 1/87, 5/74, 6/74, 7/74, 8/74, 9/74, 10/74, 11/74, 12/74, 14/74, 15/74, 16/74, 17/74, 18/74, 19/74

A charge of $268 per annum. Subject to annual CPI (All Groups, Melbourne) increases.

The quantum of the charge in the area will be adjusted on 1 July 2021 and on each anniversary of that date by the March quarter Consumer Price Index (All Groups, Melbourne) (CPI) during the 12 months preceding the end of that March quarter;

(d) the following be specified as the area for which the special rate and charge is so declared:

the area highlighted in the plan annexed to this report as (Attachment

2) ('the area')

For the purposes of this paragraph, the area can be described generally as follows: i. Primary Area: This zone includes ground floor properties with a

frontage to Doncaster Road;

ii. Secondary Area: This zone includes ground floor properties without a frontage to Doncaster Road;

iii. Tertiary Area: This zone includes all upper level premises;

(e) the following be specified as the land in relation to which the Balwyn North Special Rate and Charge is so declared:

all land within the area primarily used or adapted or designed to be used for commercial purposes.



(f) the following be specified as the total amount of performing the

function and the total amount of the special rate and charge to be levied: the amount of $40,953.50 in the first year of the scheme with a total amount of approximately $204,767 over the five years of the scheme having regard to adjustments of CPI to the charges as described in paragraph 2(c) of this resolution or such other amount as is lawfully levied as a consequence of this resolution;

(g) for the purposes of section 163(2B) of the Local Government Act

1989, the benefit ratio, being the estimated proportion of the total benefits of the scheme to which the performance of the function or the exercise of the power relates (including all special benefits and community benefits) that will accrue as special benefits to all of the persons who are liable to pay the special rate and charge, is 100%, as the community benefit is considered to be nil.

(h) the following be specified as the criteria to be used as the basis for

declaring the Balwyn North Special Rate and Charge:

ownership of any land described in paragraph 1(e) of this resolution.

(I) the owners of the land described in paragraph 1(e) of this resolution

will, subject to further resolution of Council, pay the Balwyn North Special Rate and Charge in the following manner:

on the same date or dates as Council's general rates are due.

(j) Council will, subject to the Local Government Act 1989, require a

person to pay interest on any special rate and charge which that person is liable to pay and has not been paid to the date specified for its payment.

3. Records the following reasons for the decision of Council to declare the

Balwyn North Special Rate and Charge:

i. Council considers that it is acting in accordance with the functions and powers conferred on it under the Local Government Act 1989, having regard to its role, purposes and objectives under the Local Government Act 1989, particularly in relation to the encouragement of commerce, retail activity and employment opportunities in and around the Balwyn North Special Rate and Charge area.

ii. All persons who are liable or required to pay the special rate and charge and the properties respectively owned or occupied by them will receive a special benefit in the form of an enhancement or maintenance in land values, maintenance or enhancement in the use, occupation and enjoyment of the properties and/or from the improved vitality of the Centre; and

iii. The basis of distribution of the special rate and charge amongst those persons who are liable or required to pay the special rate and charge is considered to be fair and reasonable.



4. Thank the submitters and write to them to inform them of the Council

decision and the reasons for that decision.

5. Write to the owners and occupiers of properties within the Balwyn North Special Rate and Charge scheme advising them of the decision embodied in this resolution and associated appeal rights.

6. Authorise the Director City Planning to enter into an agreement with the North Balwyn Village Traders Association in relation to expenditure of the Balwyn North Special Rate and Charge scheme proceeds.

7. Authorise the Director City Planning to levy the North Balwyn Special Rate

and Charge in accordance with section 163(4) of the Local Government Act 1989.

CARRIED 3.2 Recommendations of the Audit Committee Meeting held 4 March 2020 Council's Audit Committee held its most recent meeting on 4 March 2020. This report presents the recommendations of that Audit Committee meeting for consideration by Council. A schedule of reports and committee recommendations is presented as an attachment to this report. MOTION Moved Councillor Parke Seconded Councillor Hollingsworth That Council resolve to adopt the resolutions recommended to Council contained in Attachment 1 (as annexed to the minutes) reflecting the recommendations from the Audit Committee meeting held on 4 March 2020. CARRIED 3.3 Response to Regulatory Impact Statement and Exposure Draft -

Electricity Safety (Electric Line Clearance) Regulations 2020 The current Electricity Safety (Electric Line Clearance) Regulations 2015 (ELC) sunset on 28 June 2020. Energy Safe Victoria (ESV) has issued draft proposed regulations for comment. Due to the tight timeframes an officer submission was provided to ESV on 6 March 2020. Municipal Association of Victoria (MAV) have also provided a submission to ESV that is largely informed by Boroondara advice.



The regulation is primarily the result of bushfires started by electrical assets in High Bushfire Risk Areas (HBRA). The requirements in the Low Bushfire Risk Areas (LBRA) have not been critically challenged as “fit for purpose” to date because the focus has justifiably been on compliance in the HBRA. Boroondara is a categorised as a Low Bushfire Risk Area. The process for feedback is too tight for genuine consideration of Council’s and MAV’s concerns by ESV. Given the sunset date of 28 June. Since the last regulation update the local community residual risk in LBRA has not changed, however the tolerance of ESV and Distribution Businesses (DB’s) has. This has given rise to changes in the new draft regulations, one of which is not in the best interest of the Boroondara community. The draft regulations will allow ESV to issue infringement notices of up to $45,000 for individual non-complaint trees. Officers have two immediate concerns with this approach, the first is that the proposed change was not disclosed in the Regulatory Impact Statement, which is a document with the sole purpose of disclosing the impact of the proposed regulations. This presents a significant transparency issue for local governments seeking to understand impacts of the proposed regulations on their communities. The second is the degree of impact. The draft regulation proposes that ESV can issue an infringement notice of $41,305 for any vegetation located within the clearance space, regardless of whether it poses a material risk or not. In addition to this, officers suggest the current review of these Regulations should address the following:

1. The current Regulations are inadequate in striking the appropriate balance between the known safety and outage risks, with the amenity benefits of mature vegetation and environmental benefits of tree canopy, in Low Bushfire Risk Areas (LBRA) for clearance around Low Voltage (LV) lines. These regulations, if enforces as drafted, will likely have the following impacts on Boroondara and its community: • Approximately 1,300 trees will need to be removed. • Significant loss of tree canopy of approximately 650 trees. • Approximately $3.5m in costs for removals, pruning and engineering

solutions.

2. The Electric Line Clearance Consultative Committee (ELCC) established under the Electricity Safety Act has not achieved its chartered purpose over the life of the regulations. The five Distribution Businesses have 100% representation on the ELCCC while the 79 Councils have one representative for a 13 member ELCCC. The privatised Distribution Businesses have 5% of their revenue at risk for unplanned outages under the regulatory Service Target Performance Incentive Scheme (STIPIS). The terms of reference and membership of this committee should be reviewed.

3. Ensuring safety and compliance requires agencies to work together towards a shared and balanced outcome. Council’s efforts to undertake line clearance pruning is often hampered by long time delays and high costs in obtaining electric line shutdowns from distribution and retail companies. There is opportunity for the Regulations to mandate response times for the provision of shut downs to Councils and that shutdowns be provided at no cost for cyclic regulatory compliance pruning.



Officers also propose a number of administrative changes, which are outlined in the report and attached officer submission. The final issue on this matter is the process, and the degree to which submissions can be meaningfully considered given the sunset date of the current Regulations is 28 June 2020, and the need to enact new Regulations prior to that date. Councillor Hurd re-entered the meeting at 9.10pm MOTION Moved Councillor Healey Seconded Councillor Ross That Council: 1. Endorse the attached “Submission - Response to Regulatory Impact

Statement and Exposure draft - Electricity Safety (Electric Line Clearance) Regulations 2020 - City of Boroondara - 2020-03-06” provided to Energy Safe Victoria on 6 March 2020.

2. Write to The Honourable Lily D'Ambrosio MP, Minister for Energy,

Environment and Climate Change providing Counicl’s submission to Energy Safe Victoria and seeking review of the regulatory impact statement process.

CARRIED 3.5 Contracts for Electricity Supply Abstract This report seeks Council endorsement to enter into contracts for electricity supply from 1 July 2020. The Local Government Power Purchase Agreement (LG PPA) for green renewable electricity has been delayed and is now expected to be led by the City of Darebin without the involvement of the Municipal Association of Victoria (MAV). Given the delay, local governments (including Boroondara) who committed to the original LG PPA must enter into new electricity contracts for 1 July 2020, in order to obtain ongoing supply and avoid high cost default market rates. Council purchases electricity for three categories of sites; Large Market, Street Lighting and Small Market. 85% of electricity use at Council’s assets is used for Large Market and Street Lighting. The remaining 15% of electricity is used across some 185 Small Market sites.



Officers have secured an offer for extension of current supply for Council’s Small Market sites. Extension of this contract is recommended as it achieves continuity of supply without the requirement to change accounts at a large number of sites and achieves a price reduction compared with the previous two years. Three options for supply of electricity for Council’s Large Market sites and Street Lighting have been presented for consideration and endorsement. All options include the recommendation that Council extends contracted supply with Origin Energy for Small Market sites for a further 12 months. Option one is an alternate Power Purchase Agreement being undertaken by Procurement Australia (PA). The new PA Power Purchase Agreement ( PA PPA) is the only option that effectively provides a long term solution to our electrical supply needs for the majority of Council’s electrical demand (ie Large Market and Street Lighting). The two remaining options for securing short-term supply (ie the Victorian Government State Purchasing Contract (SPC) and the MAV Tender option) are both options for an interim supply of electricity for 12 months, and effectively defer any decision about long-term supply of electricity. On balance, the new PA PPA approach is recommended for Large Market and Street Lighting sites on the basis that it presents a ready to go solution meeting Council’s current needs at a time of uncertainty. Participation in the new PA PPA option presents the following advantages:

• Allows Council to meet greenhouse targets and sends a strong message which responds to the Boroondara community’s increasing interest in sustainability.

• Offers an opportunity consistent with Council’s promotion of participation in the original LG PPA process.

• This is a current offer ready to supply electricity from a Victorian Windfarm from 1 July 2020, and does not require any interim arrangement for Large Market and Street Lighting to meet our electricity demand when our existing contract expires.

• It provides pricing certainty and stability for ten years and is approximately 10% cheaper than purchasing green electricity through standard procurement approaches.

• Current alternative options are short term only and there is significant uncertainty about future long term options.

• Officers and councillors will not be required to reconsider these matters during the contract period allowing resources to be focused on other matters.

In recommending this option, officers recognise this opportunity is estimated to be more expensive than the originally proposed and now uncertain LG PPA. Finally, while the impact of COVID-19 on electricity markets is uncertain, there is a clear expectation of increasing pressure on Council’s income and expenditure. In this context the ability to lock in prices and avoid budgetary surprises is especially advantageous. Additionally, commitment to a long term contract reduces Council’s risk from participating in tenders undertaken during a pandemic.



This report seeks Council's authorisation to enter into individual contract arranagements for electricity supply for:

• Small Market Sites • Large Market Sites • Streetlighting.

MOTION Moved Councillor Healey Seconded Councillor Parke That Council resolve to: 1. Enter into:

a. Contractual arrangements for Electricity Supply (Small Market) with Origin Energy for 12 months from 1 July 2020.

b. Contractual arrangements for Electricity Supply (Large Market and Street Lighting) managed by Procurement Australia for ten years from 1 July 2020.

2. Authorise the Director Environment and Infrastructure to execute the contract agreements for the above arrangements.

3. Note that performance of the contract will be monitored and reported on

biannually. 4. Note that expenditure under this contract will at all times be in accordance

with Council's budget. CARRIED

3.4 Contract No. 2020/2, Open Space Project Design Panel This report seeks Council endorsement for the award of Contract No. 2020/2, Open Space Project Design Panel. This new contract will provide Council with a panel of consultants to submit a quotation for the Open Space Project Design services for an initial term of three years with a possible extension of a two year period for a maximum contract term of five years. Expenditure under this contract will be determined by annual budget allocations and the works required to be performed in any one year. The future estimated expenditure is based on the budget amounts Foreshadowed in the adopted budget until 2022-2023. Estimated expenditure in 2023-2024 is based on internal capital works project planning.



The estimated cost of this Contract in 2019-20 is $120,000 (excluding GST) which is in accordance with Council’s current adopted budget. Because of the value of the contract it was publicly advertised in accordance with the requirements of section 186 of the Local Government Act.1989. MOTION Moved Councillor Addis Seconded Councillor Hollingsworth That Council resolve: 1. To award Contract No. 2020/2, Open Space Project Design Panel, to the

following eight Expression of Interest Respondents (in alphabetical order) that collectively will constitute a Panel of Design Consultants : • Endeavour Turf Professionals Pty Ltd (ACN 118 202 216 ); • Hill and Canning Consulting Engineers Pty Ltd (ACN 168 884 311)

trading as SPORTENG; • Land Design Partnership Pty Ltd (ACN 055 814 616) as Trustee for the

Chris Dance Land Design Unit Trust (ABN 76 189 525 969); • Michael Smith and Associates - Landscape Architecture and Urban

Design (ABN 65 742 475 072); • Pacific Coast Design Pty Ltd (ACN 007 026 128) as Trustee for Pacific

Coast Design Trust (ABN 51 911 851 549); • ten Buuren Irrigation Designs Pty Ltd (ACN 093 486 947) trading as ten

Buuren Irrigation Designs; • Ways With Water Pty Ltd (ACN 164 063 656) as Trustee for Paul F.

Jones Trust (ABN 44 703 983 248); and • Webb Australia Group (Vic) Pty Ltd (ACN 073 585 305). for an initial contract term of three years with possible extensions to a maximum contract term of five years. The estimated contract cost for the maximum term is $713,900 (including GST). The estimated cost to Council after the return of the GST Tax Input Credits is $649,000.

2. To authorise the Director Environment and Infrastructure to execute the contract agreements with the above contractors.

3. To authorise the Director Environment and Infrastructure to negotiate

extensions to the contract with the above contractors to the maximum five year contract term.

4. To note that expenditure under this contract in 2019-2020 is in

accordance with Council's budget, and expenditure in future years is expected to be in accordance with future budget parameters.

CARRIED



3.6 Revised Instruments of Delegation from Council to Council Staff The Chief Executive Officer withdrew this report for consideration prior to the commencement of the meeting. 3.7 Revised Instruments of Appointment and Authorisation for Statutory

Planners The appointment of authorised officers enables appropriate staff within the organisation to administer and enforce various Acts, regulations or local laws in accordance with the powers granted to them under legislation or a local law. Instruments of Appointment and Authorisation are prepared based on advice from the Maddocks Authorisations and Delegations Service. Whilst the appointment and authorisation of authorised officers under other relevant legislation is done by the Chief Executive Officer under delegation, Maddocks recommend that officers enforcing the Planning and Environment Act 1987 be authorised by Council resolution. MOTION Moved Councillor Hurd Seconded Councillor Healey That Council resolve, in the exercise of the powers conferred by section 224 of the Local Government Act 1989 and section 147(4) of the Planning and Environment Act 1987, that: 1. The members of Council staff referred to in the Instrument of

Appointment and Authorisation (Attachment 1 as annexed to the minutes) be appointed and authorised as set out in the Instrument.

2. The Instrument comes into force immediately once the common seal of

Council is affixed to the Instrument, and remains in force until Council determines to vary or revoke it.

3. The Instrument of Appointment and Authorisation be sealed. CARRIED



The meeting concluded at 9.43pm Confirmed Chairperson ____________________________________________ Date ____________________________________________

MINUTES ATTACHMENTS Special Council Meeting Monday 4 May 2020 Attachments as annexed to the resolution: 3.1 Balwyn North Shopping and Business Centre - Marketing

and Business Development Fund 3.2 Recommendations of the Audit Committee Meeting held 4

March 2020 3.7 Revised Instruments of Appointment and Authorisation for

Statutory Planners

63 6569 7371 75

8389 91 93

817977

87

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60 62-64

66b

68 72

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66a 66c68b68a 70

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Legend

Special Council Meeting Minutes 04/05/2020

City of Boroondara Attachment Page 1 of 1

MINUTES ATTACHMENTS Special Council Meeting Monday 4 May 2020 Attachments as annexed to the resolution: 3.2 Recommendations of the Audit Committee Meeting held 4

March 2020

Summary of reports tabled at Audit Committee meeting held 4 March 2020

Report No

Report Title Summary of Content Matters Arising Recommended Council Resolution

A4.1(a) Presentation - Organisation Culture Survey Results

Mr Gerhard Diedericks from Kincentric provided a presentation to the Audit Committee on the 2019 People Pulse survey findings. The Chief Executive Officer highlighted what actions have been implemented in the business arising out of the 2018 People survey and outlined next steps forward.

Management agreed to provide an update to a future Audit Committee meeting on actions taken based on the 2019 People Pulse Survey learnings and the process for prioritising questions for the next survey.

No specific resolution.

A4.1(b) Presentation - Pandemic Preparation

Manager Health, Ageing and Disability and Executive Manager People and Development outlined to the Audit Committee the preparations being undertaken by the business to respond to the Coronavirus should it be declared a pandemic.

Management agreed to keep the Audit Committee informed of Council’s actions and responses associated with the Coronavirus.

No specific resolution.

A4.2 Standard Questions for Tabling at the Audit Committee meetings

Audit Committee Members were given the opportunity to: 1. Ask Auditors present, if their

work had been obstructed in anyway. Auditors presentresponded that no obstructionshad been experienced.

2. Ask if there were any matterssuch as breach of legislation orpractices that need to bebrought to the attention of theAudit Committee. None wereidentified.

3. Request a discussion of anymatter with the Auditors in the

Nil. Council note the responses of Officers, Auditors and Members, to the standard questions outlined in this report.



Summary of reports tabled at Audit Committee meeting held

4 March 2020

Report No


absence of management and other staff. No such discussion was requested.

A4.3 Business Arising This report updated the Audit Committee on matters raised at previous meetings and provided follow up information on queries raised by Committee members. The Committee noted the actions taken in response to matters arising from the minutes of the previous meeting.

Management agreed to provide: 1. Subject to the passage of the

Local Government Bill through the Parliament a report to the next Audit Committee meeting highlighting the major reform themes and the timelines for implementation.

2. The opportunity for a discussion to be scheduled on the agenda for the Audit Committee meeting on 13 May 2020 to consider and discuss possible changes to the format of reports presented to the Committee.

Council note the actions taken in response to matters arising from the minutes of previous meetings as outlined in Attachment 1 (as annexed to the Audit Committee minutes).

A4.4 Information Security Metrics and Measures

This report updated the Audit Committee on Information Security metrics and measures to be introduced in the 2020-21 financial year. In summary, 35 Information Security metrics and measures have been developed to enable improved assessment, management and reporting of Information Security risks. These metrics and measures have been categorised as either Operational (with 15 metrics), Management (with 13

Nil

Council receive and note the report.




4 March 2020

Report No


metrics) or Strategic (with 7 metrics). The metrics and measures will be reported to ELT the Audit Committee on an annual basis.

A4.4 Statutory Planning Review- Internal Audit Report

This report updated the Audit Committee on the Internal Audit review of Council’s Statutory Planning practices, processes and key controls. The report assigned a risk rating of ‘moderate’ and has determined a maturity level for the process as ‘Established’. The review was conducted in accordance with the Strategic Internal Audit Plan. Two Medium recommendations have been provided to enhance processes and reporting focussing on restructure of process and system configuration, and process compliance monitoring and reporting. Management agreed with the findings and recommendations and will implement them by the agreed dates.

Nil.


A4.6 Capital Works Planning Review - Internal Audit Report

This report updated the Audit Committee on the Internal Audit review of Council’s Capital Works Planning practices, processes and key controls.

Nil. Council receive and note the report.




4 March 2020

Report No


The report assigned a risk rating of ‘moderate’ and has determined a maturity level for the process as ‘Established’. The review was conducted in accordance with the Strategic Internal Audit Plan. The report identified opportunities to improve elements of Capital Works Planning control designs to define and document the capital works planning processes and expectations and document benefits, risks and rationale for selection or rejection/deferral of individual capital project bids. Management agreed with the findings and recommendations and will implement them by the agreed dates.

A4.7 Review the Three Year Strategic Internal Audit Plan 2020-23

The purpose of this report was to provide the Audit Committee with the proposed three year Strategic Internal Audit Plan for 2020-23. (Appendix A). To achieve greater alignment with risk, and to ensure that assurance is provided across the ‘high’ rated strategic risks, the Strategic Internal Audit Plan development has involved linking auditable activities across Council back to the strategic risks. In developing the plan, Internal Audit also considered

Management agreed to: 1. Include a footnote to the internal

audit risk map within the Strategic Internal Audit Plan noting the rationale where no internal audits were planned against a strategic risk.

2. Consider in future years a review on the effectiveness of governance processes associated with the Customer First Program.

3. That Council approve the Strategic Internal Audit Plan 2020-23 as attached.




4 March 2020

Report No


strategic initiatives and projects that are planned to be delivered over the next three years as well as the coverage provided by prior internal audits and other assurance activities. The Audit Committee endorsed the Strategic Internal Audit Plan for presentation to Council for formal approval.

A4.8 Internal Audit Update March 2020

This report updated the Audit Committee on the 2019-20 Internal Audit Plan and provided a status report on the implementation of recommendations from prior Internal Audit reports.

Management agreed to provide the Audit Committee with clarity before the May 2020 meeting about the scope of work taking place on the identification and management of climate change risks.


A4.9 Implementation of Business Continuity Management Plan March 2020

The report updated the Audit Committee on the implementation of the Business Continuity Management Plan and summarised key activities Council has undertaken during the period to further prepare the business in the management of an incident or business disruption. The activities and continuous improvements reported were aimed at ensuring Council were able to recover and restore key business processes after an incident or business disruption, ensuring Council’s capacity to deliver critical services and activities to the

Management agreed to provide: 1. A list of all the Tier 1 Critical

Business Functions of each Council department contained within the respective Business Continuity Management Plan to the Audit Committee meeting scheduled for 13 May 2020.

2. Information regarding the

exercise and update cycle for the Business Continuity Plans.

Council receive and note the report




4 March 2020

Report No


community are not interrupted or compromised.

A4.10 Reports to Parliament by Victorian Auditor-General’s Office and other regulatory bodies

This report updated the Audit Committee on reports presented to State Parliament by VAGO and other regulatory bodies that have a local government impact or context. The report noted that since the last Audit Committee meeting, the following reports with relevance to Local Government had been presented. VAGO - Council Libraries report. VAGO - Results of 2018-19

Local Government Audits. IBAC - Special report on

Corruption risks associated with procurement in local government.

Local Government Inspectorate - Shire of Yarriambiack Shire Council.

The report updated the Audit Committee on learnings from Boroondara from the reports by these external agencies.

Nil. Council receive and note the report.

A4.11 Audit Committee Administrative Matters

1. The Audit Committee noted that the recommendations from the previous Audit Committee meeting of 13 November 2019 had been reviewed and endorsed by Council at the

Nil Council receive and note the report.




4 March 2020

Report No


Council meeting held 10 February 2020. The appropriate Council report was provided to the Audit Committee.

2. The Audit Committee reviewed progress against the 2019-20 Audit Committee Annual Plan noting that all required activities to date have been completed.

3. The Audit Committee was updated on the progress of the December 2019 Quarterly Performance Report (QPR).

4. The Audit Committee reviewed the minutes of the Business Enterprise Risk Committee (BERC) 25 November 2019.



2

Internal Audit Program Overview The table below lists the internal audits proposed to be undertaken over the next three years. The indicative coverage for the internal audits proposed for 2020/21 year are presented in the next section.

Internal Audits 2019/20 2020/21 2021/22 2022/23 Previously Audited

Follow-Up of Audit Recommendations Apr-20

Local Law Enforcement Complete

Environmental Health (Food Premises) Complete

Statutory Planning Finalising 2011/12

Capital Works Planning Finalising

Asset Protection Mar-20 2012/13

Safety Incident Handling May-20

Business Function Risk Assurance Mapping*

Fraud Prevention 2012/13

Tendering

Payroll 2014/15

Child Safe Standards

Budgeting & Forecasting

Technology Strategic Planning & Governance

Asset Management 2015/16

Legislative Compliance Management

Information Security (Relating to records management)

Financial Controls (incl. Payments, Banking & Treasury, GL & Reconciliations)

2018/19

Stakeholder & Community Engagement (incl. digital engagement)

Human Resources Management 2016/17

Purchasing, Supplier Management & AP 2018/19

General and Supplementary Rates 2018/19

Cash Handling 2018/19

Contract Management

Immunisation Review

Library Management

*This engagement is an addition to the plan for 2020/21. The outcomes of this engagement may result inchanges to the Internal Audit Plan if assurance exposures are identified.



MINUTES ATTACHMENTS Special Council Meeting Monday 4 May 2020 Attachments as annexed to the resolution: 3.7 Revised Instruments of Appointment and Authorisation for

Statutory Planners

Boroondara City Council

Instrument of Appointment and Authorisation

(Planning and Environment Act 1987)

Amaya De Silva Senior Statutory Planner

Andrew McIllveen Planning Investigations Officer

Brendan Rea Planning Investigations Officer

Calum Schwindt Student Statutory Planner

Cassandra Rea Coordinator Statutory Planning

Chethanika (Chethi) Abeysinghe Administrative Assistant

Chiara Lorini Statutory Planning Officer

Craig Murphy Planning Appeals Coordinator

Damian Bu Statutory Planning Officer Daniela Splitgerber Statutory Planning Officer Elizabeth Spanjer Statutory Planning Officer

Erin McCarthy Coordinator Statutory Planning

Gregory (Greg) Pocock Para Planning Officer

Gregory (Greg) Stewart Counter Planner

Hayden Parker Statutory Planning Officer Ida LaRocca Para Planning Officer Jessica Nedelkos Para Planning Officer Jennifer Estrada Para Planning Officer Jennifer Vincent Para Planning Officer

Jon Harper Coordinator Statutory Planning

Joanne Amanda (Mandy) Hollywood Team Leader Para Planning

Julia Mary Baird Smith Statutory Planning Officer

Julie Pham Statutory Planning Officer Karen Reid Para Planner Kathy Fletcher Statutory Planning Officer Kelly Caporaso Statutory Planning Officer Leo Bosley Statutory Planning Officer Lucy Johnson Senior Statutory Planner

Marjorie Kennedy Coordinator Statutory Planning

Mathew Mertuszka Senior Statutory Planner Michael Burton Public Notice Officer Nikhil Shah Counter Planner Roberts Birze Technical Support Officer Roxanne Kavanagh Subdivisions Officer Seuna Byrne Principal Planner Sherman Tang Statutory Planning Officer Shiran Wickramasinghe Director City Planning

Simon Mitchell Manager Statutory Planning Simon Quinn Para Planning Officer Sofia Skliris Para Planning Officer Stephanie Ng Senior Statutory Planner Sylvia Georges Urban Designer Thomas (Tom) Albert Senior Statutory Planner Timothy Luckin Statutory Planning Officer Toni Johnson Para Planning Officer

Trevor Saunders Planning Investigations Officer

Yim Yuen Statutory Planning Officer



Instrument of Appointment and Authorisation (Planning and Environment Act 1987)

In this instrument "officer" means -

Amaya De Silva Andrew McIllveen Brendan Rea Calum Schwindt Cassandra Rea Chethanika (Chethi) Abeysinghe Chiara Lorini Craig Murphy Damian Bu Daniela Splitgerber Elizabeth Spanjer Erin McCarthy

Gregory (Greg) Pocock Gregory (Greg) Stewart Hayden Parker Ida LaRocca Jessica Nedelkos Jennifer Estrada Jennifer Vincent Jon Harper Joanne Amanda (Mandy) Hollywood Julia Mary Baird Smith Julie Pham

Karen Reid Kathy Fletcher Kelly Caporaso Leo Bosley Lucy Johnson Marjorie Kennedy Mathew Mertuszka Michael Burton Nikhil Shah Roberts Birze Roxanne Kavanagh Seuna Byrne Sherman Tang

Shiran Wickramasinghe Simon Mitchell Simon Quinn Sofia Skliris Stephanie Ng Sylvia Georges Thomas (Tom) Albert Timothy Luckin Toni Johnson Trevor Saunders Yim Yuen

By this instrument of appointment and authorisation Boroondara City Council -

1. under s 147(4) of the Planning and Environment Act 1987 - appoints the officers to be authorisedofficers for the purposes of the Planning and Environment Act 1987 and the regulations madeunder that Act; and

2. under s 313 of the Local Government Act 2020 authorises the officers either generally or in aparticular case to institute proceedings for offences against the Acts and regulations describedin this instrument.

It is declared that -

(a) this instrument comes into force immediately upon its execution and remains in force until variedor revoked;

(b) this instrument must not be exercised in a manner which is inconsistent with Council’s corporateposition.

(c) on the coming into force of this instrument, any previous Instruments of Appointment andAuthorisation to the members of Council staff named above are revoked.

This instrument is authorised by a resolution of the Boroondara City Council on 4 May 2020.

The Common Seal of the Boroondara City Council was hereunto affixed in the presence of:

................................................... Chief Executive Officer

................................................... Councillor

................................................... Date



Documents

SPECIAL COUNCIL MINUTES - boroondara.vic.gov.au · business development fund for the Balwyn North Shopping and Business . Centre (Centre) and determine whether to declare the proposed