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Minutes

 

OF Ordinary
COUNCIL MEETING

HELD ON

Tuesday 7 May 2019

AT 6.30pm

In Council Chamber, 25 Ferres Boulevard, South Morang


UNCONFIRMED MINUTESOrdinary Council Minutes                                                                       Tuesday 7 May 2019

 

 

 

COUNCILLORS

 

LAWRIE COX                                   MAYOR, SOUTH WEST WARD

STEVAN KOZMEVSKI                   SOUTH WEST WARD

CAZ MONTELEONE                       SOUTH WEST WARD

KRIS PAVLIDIS                               SOUTH WEST WARD

TOM JOSEPH                                  DEPUTY MAYOR, NORTH WARD

RICKY KIRKHAM                            NORTH WARD

EMILIA LISA STERJOVA               NORTH WARD

SAM ALESSI                                    SOUTH EAST WARD

ALAHNA DESIATO                         SOUTH EAST WARD

NORM KELLY                                  SOUTH EAST WARD

MARY LALIOS                                 SOUTH EAST WARD


UNCONFIRMED MINUTESOrdinary Council Minutes                                                                       Tuesday 7 May 2019

 

 

 

SENIOR OFFICERS

 

 

SIMON OVERLAND                          CHIEF EXECUTIVE OFFICER

RUSSELL HOPKINS                         DIRECTOR COMMUNITY SERVICES

NICK MANN                                       DIRECTOR CITY TRANSPORT & PRESENTATION

HELEN SUI                                        DIRECTOR CORPORATE SERVICES

LIANA THOMPSON                          DIRECTOR PARTNERSHIPS, PLANNING & ENGAGEMENT

MICHAEL TONTA                              MANAGER GOVERNANCE

 


UNCONFIRMED MINUTESOrdinary Council Minutes                                                                       Tuesday 7 May 2019

 

 

ORDER OF BUSINESS

 

The Chief Executive Officer submits the following business:

 

1.            Opening.. 9

1.1         MEETING OPENING AND PRAYER.. 9

1.2         ACKNOWLEDGMENT OF TRADITIONAL OWNERS STATEMENT.. 9

1.3         Present.. 9

2.            Apologies.. 9

3.            Declarations of Interest.. 10

4.            Confirmation of Minutes of Previous Meeting.. 10

5.            Questions, Petitions and Joint Letters.. 12

5.1         Questions To Councillors.. 12

5.1           Item 6.3.5 Road Safety Options Analysis - Masons Road, Mernda   12

5.2         Petitions.. 14

5.2.1       Objection to Planning Permit for construction of 3 dwellings at 42 Thernholme Crescent, Doreen.. 14

5.3         Joint Letters.. 14

Nil Reports.. 14

6.            Officers’ Reports.. 15

6.1         Partnerships, Planning & Engagement.. 17

6.1.1       1/59 Miller Street, Epping - Use of a Convenience Restaurant, a Reduction in the required car parking rate and Liquor License.. 17

6.1.2       1/8, 2/8, 3/8, 4/8, and 8 Lois court, thomastown - construction of 8 dwellings.. 25

6.1.3       170 Dalls Road, Whittlesea - Buildings and works comprising earthworks associated with three existing dams.. 49

6.1.4       Epping Community Services Hub -Sub Tenancies.. 83

6.1.5       Lalor Marketing and Business Development Special Rate   87

6.1.6       Animal Registration and Refund Policy.. 109

6.1.7       Assemblies of Councillors Report - 7 May 2019. 115

6.2         Community Services.. 119

6.2.1       Growling Frog Golf Course Lease Award.. 119

6.2.2       Equal and Safe Strategy: Improving Gender Equality and Preventing Violence Against Women.. 123

6.2.3       Redevelopment of McLeans Road Kindergarten - Response to Petition.. 159

6.3         City Transport and Presentation.. 165

6.3.1       Contract Number 2016-20 - Supply of Asphalt Works - Contract Extension.. 165

6.3.2       Contract 2019-6 - Dr Harry Jenkins Reserve Tennis Court and Lighting Upgrade - Tender Evaluation.. 169

6.3.3       2019-28 Construct Transmission Easement Shared Path between Sycamore Reserve and Childs Road Tender Evaluation Report. 173

6.3.4       Contract 2015-21 - Supply of Road, Drainage and Associated Street LIghting - Contract Extension.. 177

6.3.5       Road Safety Options Analysis - Masons Road, Mernda.. 181

6.3.6       Petition: Request to Install Raised Pavements on Galloway Drive and Pearsons Road, Mernda.. 201

6.4         Corporate Services.. 213

6.4.1       Panel Contract Expenditure Distribution Report. 213

6.4.2       Insurance portfolio.. 219

6.4.3       Quarterly Safety and Wellbeing report - March 2019 update   225

6.4.4       2018/19 New Works Program - Quarter 3 Report. 233

6.4.5       Part of Downs Road Thomastown - Whittlesea Gardens - Road Discontinuance  - Committee of Council recommendation   257

6.4.6       Audit & Risk Committee Charter.. 265

6.4.7       2018/19 Financial Performance - Quarter 3 Report. 275

6.5         Executive Services.. 295

6.5.1       Meetings of the Chief Executive Officer 20 March - 23 April 2019  295

7.            Notices of Motion.. 299

Nil Reports.. 299

8.            Questions to Officers.. 299

8.1           Question to the Chief Executive Officer - Great Brome Avenue   299

8.2           Question to the Chief Executive Officer - Great Brome Avenue   299

8.3           Questions to the Chief Executive Officer - Great Brome Avenue.. 299

9.            Urgent Business.. 300

9.1           Wildlife Management. 300

10.         Reports from Delegates Appointed to Council by Other Bodies.. 301

11.         Confidential Business.. 303

11.1       Partnerships, Planning & Engagement.. 303

NIL REPORTS.. 303

11.2       Community Services.. 303

Nil Reports.. 303

11.3       City Transport and Presentation.. 303

Nil Reports.. 303

11.4       Corporate Services.. 303

11.4.1    Land Acquisition South Morang.. 303

6.4.7      2018/19 FINANCIAL PERFORMANCE - QUARTER 3 REPORT..303

11.5       Executive Services.. 303

11.5.1    Confirmation of Minutes and associated actions - CEMAC meeting 9 April 2019. 303

11.6       Notices of Motion.. 303

Nil Reports.. 303

12.         Closure.. 304

 

 

Note:

In these Minutes, Resolutions adopted by Council are indicated in bold text.

 

 

 


UNCONFIRMED MINUTESOrdinary Council Minutes                                                                       Tuesday 7 May 2019

 

1.         Opening

1.1       MEETING OPENING AND PRAYER

The Chief Executive Officer opened the meeting with a prayer at 6.30pm.

1.2       ACKNOWLEDGMENT OF TRADITIONAL OWNERS STATEMENT

The Mayor, Cr Cox read the following statement:

“On behalf of the City of Whittlesea I recognised the rich Aboriginal heritage of this country and acknowledged the Wurundjeri Willum Clan as the Traditional Owners of this place.

I as a non-aboriginal or Torres Strait Islander would ask that you may consider a conversation with our Aboriginal and Torres Strait peoples to educate and understand their depth of feeling around the treatment of our first nations peoples and events that have shaped their lives.”

1.3       Present

Members:

Cr Lawrie Cox                     Mayor (South West Ward)

Cr Stevan Kozmevski         Councillor (South West Ward)

Cr Caz Monteleone             Councillor (South West Ward)

Cr Kris Pavlidis                    Councillor (South West Ward)

Cr Tom Joseph                    Deputy Mayor (North Ward)

Cr Ricky Kirkham                Councillor (North Ward)

Cr Emilia Lisa Sterjova        Councillor (North Ward)

Cr Sam Alessi                      Councillor (South East Ward)

Cr Alahna Desiato               Councillor (South East Ward)

Cr Norm Kelly                      Councillor (South East Ward)

Cr Mary Lalios                     Councillor (South East Ward)

 

Officers:

Mr Simon Overland             Chief Executive Officer

Mr Russell Hopkins             Director Community Services

Mr Nick Mann                      Director City Transport & Presentation

Ms Helen Sui                       Director Corporate Services

Ms Liana Thompson            Director Partnerships, Planning & Engagement

Mr Michael Tonta                Manager Governance

 

 

2.         Apologies

Nil

 

3.         Declarations of Interest

THE FOLLOWING DECLARATIONS OF INTEREST WERE MADE TO THE CHIEF EXECUTIVE OFFICER PRIOR TO THE START OF THE MEETING:

Cr Sterjova declared an indirect interest due to residential amenity in Item 6.3.6 Petition: Request to install raised pavements on Galloway Drive and Pearsons Road, Mernda.

4.         Confirmation of Minutes of Previous Meeting

Chief Executive Officer Explanatory Note
At the 2 April 2019 Council Meeting, a motion was moved and seconded to confirm the minutes of the 5 March 2019 Council Meeting. Prior to the motion being put, a procedural motion was moved to adjourn consideration of the item to this meeting which was carried.
Therefore the meeting recommenced consideration of the minutes where debate was adjourned at the previous meeting.

MOtion

Moved:                       Cr Alessi

Seconded:               Cr Joseph

 

THAT the following Minutes of the preceding meeting as circulated, be confirmed:

Ordinary Meeting of Council held 5 March 2019.

AMENDMENT

Moved:                       Cr Lalios

Seconded:               Cr Kelly

 

THAT Council resolve to amend the Minutes of the 5 March 2019 Council Meeting, as circulated, to reflect Cr Kelly did withdraw at 1 hour 35 minutes into the meeting.

LOST

Division

Immediately after the amendment was voted on, Cr Lalios called for a division which resulted in the following votes being recorded.

 

For

Cr Kirkham

Cr Kelly

Cr Lalios

Cr Monteleone

Cr Desiato

 

Against

Cr Pavlidis

Cr Kozmevski

Cr Alessi

Cr Cox

Cr Sterjova

Cr Joseph

Abstained

Nil

Based on the votes cast during the Division, the amendment was lost.

lost

COUNCIL RESOLUTION

Moved:                       Cr Alessi

Seconded:               Cr Joseph

THAT the following Minutes of the preceding meeting as circulated, be confirmed:

Ordinary Meeting of Council held 5 March 2019.

CARRIED

 

COUNCIL RESOLUTION

Moved:                       Cr Joseph

Seconded:               Cr Sterjova

 

THAT the Minutes of the Special Meeting of Council held 26 March 2019 as circulated, be confirmed.

CARRIED

 

COUNCIL RESOLUTION

Moved:                       Cr Joseph

Seconded:               Cr Sterjova

 

THAT the Minutes of the Ordinary Meeting of Council held 2 April 2019 as circulated, be confirmed.

CARRIED

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

5.         Questions, Petitions and Joint Letters

5.1       Questions To Councillors

5.1       Item 6.3.5 Road Safety Options Analysis - Masons Road, Mernda

We have received a number of questions about Masons Road from John Dagher of Wilkes Court and Masons Road residents Tina Marshall and Kellet McDonell.

I will now read out their questions but rather than respond to each one individually, I’d like to provide a single response at the end.

          John Dagher

          Do any of the implementation options have a provision for a street light at Wilkes Court   and Masons Road intersection?

          Could Whittlesea Council seal Masons Road up to Wilkes Court then install a keyed        gate   beyond Wilkes Court?

          What exactly are the road safety recommendations for the gravel section of Masons       Road?

          If there was going to be a closer, would each resident have a key to the gate?

          Can any of the councillors wait until 3-4 weeks after Masons Road has been graded,       then put their whole family in the car and attempt to drive to Wilkes Court then provide        feedback on how their cards and families felt afterwards?

          Can the Urban Growth Boundary be moved to allow for a developer to take over and      construct    the roads?

          What contractor quoted Whittlesea Council $105,000 to install a gate to Masons Road?

          Tina Marshall

          If there is going to be a closure of Masons Road, where will the closure be?

          When will the community consultation process happen and how will we be notified?

          What will happen about emergency vehicles in the road is closed?

Kellet McDonell

What measures will be taken for the next 12 months to maintain the road?

          The Mayor, Cr Cox:

          Thank you for your questions which raise some important considerations.

          The safety of our residents is of paramount importance to Council and we are well          aware of the issues facing residents of Masons Road and Wilkes Court.

          That is why we are considering the future of Masons Road at tonight’s meeting.

          To date we have ensured the road has been graded more frequently than other      unmade roads and there are some high priority works identified in the road safety audit      to complete, however we realise that a more strategic approach to the road is required.

          You have asked some great questions tonight. If Council resolves to start the process     towards closure of Masons Road, this kicks off a statutory consultation period which         begins tomorrow.

          Residents will receive a letter but I encourage everyone to have a look at our website      following tonight’s meeting for details on how they can have their say on the proposal.

          After the consultation period, the results will come back to Council for consideration.

The answers provided verbally by the Mayor at the meeting in response to questions asked by members of the public are preliminary answers provided on a without prejudice basis.  A formal written response to each question is sent following the Council meeting which contains Council official position on the matter.


5.2       Petitions

5.2.1    Objection to Planning Permit for construction of 3 dwellings at 42 Thernholme Crescent, Doreen

Cr Sterjova tabled a petition from 14 residents objecting to planning permit No. 2018 – 718185 for the construction of 3 dwellings at 42 Thernholme Crescent, Doreen.

Council Resolution

Moved:                       Cr Sterjova

Seconded:               Cr Joseph

 

THAT Council resolve to receive the petition from 14 residents regarding planning permit No. 2018-718185 and a report be prepared.

 

Carried

 

5.3       Joint Letters

Nil Reports 


UNCONFIRMED MINUTESOrdinary Council Minutes                                                                       Tuesday 7 May 2019

 

6.         Officers’ Reports

COUNCIL RESOLUtion

Moved:                       Cr Joseph

Seconded:               Cr Sterjova

 

THAT Council resolve to adopt the Recommendations for items numbers 6.1.4, 6.1.7, 6.3.1, 6.3.2, 6.3.3, 6.3.4, 6.4.1, 6.4.3, 6.4.5, 6.4.6, 6.5.1.

Carried

 

 

Group Adoption of Items En Bloc

Councillors may choose not to consider reports on the Notice Paper individually and to resolve to adopt, in one resolution, the recommendations listed on the Notice Paper for a number of reports. Such a resolution will have the effect of adopting the Officer’s recommendation for each of the reports identified in the Council resolution. The remaining items of business are considered and voted on separately.

 

 

 


UNCONFIRMED MINUTESOrdinary Council Minutes                                                                       Tuesday 7 May 2019

 

6.1       Partnerships, Planning & Engagement

6.1.1      1/59 Miller Street, Epping - Use of a Convenience Restaurant, a Reduction in the required car parking rate and Liquor License

Attachments:                        1        Locality Map   

Responsible Officer:           Director Partnerships, Planning & Engagement

Author:                                  Planning Officer   

 

Attachments:                                  Locality Plan, Aerial Image

APPLICATION NUMBER:   718075

APPLICANT:                                  Androulla Charalambous

COUNCIL POLICY:              Nil

ZONING:                               Activity Centre Zone

OVERLAY:                            Development Contributions Plan Overlay

REFERRAL:                          Transport Engineering

OBJECTIONS:                     Six (6) Objections

RECOMMENDATION SUMMARY

It is recommended that Council refuse the application as the proposed use is inappropriately located and will impact on the amenity and car parking provision within the area.

KEY FACTS AND / OR ISSUES

·    The existing premises has four car parking spaces allocated in the shared car parking area and the use requires a total of 15 car parking spaces.

·    The convenience restaurant proposes to seat 50 patrons. The previous use as a takeaway food premises did not provide seating on site.

     

 

Report

SITE AND SURROUNDING AREA

The subject site is located on the west side of Miller Street, approximately 460m from Cooper Street, Epping (Attachment 1).

The subject site comprises Warehouse Unit 1 at 59-61 Miller Street, Epping.  Unit 1 occupies 197m2 of the 1935m2 industrial site.  Planning Permit No. 709568 was issued on 20 April 2006 and amended on 31 October 2006 for the construction of sixteen (16) warehouses on the site. The development included the provision of 44 car parking spaces on site. 

Planning Permit 710200 was issued on 20 July 2007 for unit 1, for the Use of part of the land for a takeaway food premises, including a reduction in the required car parking rate.

The surrounding area is generally characterised by industrial development, with a transport depot directly to the south of the site, and various industrial development in the immediate locality. 

Based on the information provided by the applicant, objectors, and from observations during site visits, it appears the proposed convenience restaurant use has commenced on site without prior planning permission.

restrictions and easements

The site is legally described as Lot 1 PS 548969R and is not affected by any restrictive covenants or Section 173 agreements.

Proposal

It is proposed to use the subject premises as a Convenience Restaurant, with Liquor Licence and a reduction in the required rate of car parking.

The application seeks to increase the number of seats provided on site, from 0 to 50. The convenience restaurant would serve liquor for consumption on site. Deliveries to the site would be to the goods delivery area and storage room abutting the shared body corporate car park. A total of 6 staff would work within the convenience restaurant.

The hours of operation proposed are as follows:

Monday:                                 Closed

Tuesday – Wednesday:         11am – 8pm

Thursday – Saturday:             11am – 10pm

Sunday:                                  11am – 8pm

Public Notification

Advertising of the application has resulted in 6 objections being received. The grounds of objection primarily relate to amenity, and traffic and parking concerns.

Planning applications are regularly exempt from advertising within the Epping Activity Centre Zone, however notice of the current application was required as there is no exemption for the proposed liquor licence component of the proposal.

 

planning assessment

State Planning Policy Framework

 

Clause 11.03-1S Activity Centres

The objective of this clause is to encourage the concentration of major retail, residential, commercial, administrative, entertainment and cultural developments into activity centres that are highly accessible to the community. The use of land must support the role and function of each centre in the context of its classification. Whilst the proposal generally fits within this scope, the site is not considered appropriate for this use.

Clause 18.02-5 Car parking

The objective of this clause is to ensure an adequate supply of car parking that is appropriately designed and located. The proposed use does not provide the required number of car parking spaces and will require a car parking reduction, which is likely to detrimentally impact on the other tenancies within this development as well as the street network. The proposal therefore is not considered to meet the objective of this clause.

Local Planning Policy Framework

Clause 21.10 Economic Development

The subject site is located within the Epping Commercial/employment area, where the preference is to create additional jobs and a greater diversity in employment sectors. Whilst the proposal would ultimately provide some jobs, the site is not considered appropriate for this use as a consequence of amenity impacts to the overall development as well as to the immediate context.

Zoning and Overlay Provisions

 

Clause 37.08 Activity Centre Zone

The subject site is located in Precinct 8 of the Activity Centre Zone, within the Epping Central Metropolitan Activity Centre. Precinct 8 is a high change employment precinct with significantly increased employment densities, and encourages the development of industrial uses. The use of land as a Convenience Restaurant (Food & Drinks Premises) is a Section 1 – Permit Not Required use if the following condition is met:

 

Must be in Precincts 6 or 7, or sub-precincts 1A or 4A. If located in Precinct 7 or sub-precinct 6D, the leasable floor area must not exceed 100 square metres.

 

The proposed use of the site as a Food and Drink Premises does not meet this condition, and is therefore a Section 2 – permit required use.

Clause 45.06 Development Contributions Plan Overlay (Schedule 3 & 14)

The site is affected by the Development Contributions Plan Overlay.  Pursuant to Clause 45.06 of the Whittlesea Planning Scheme, the Development Contributions Plan Overlay enables the levying of contributions for the provision of works, services and facilities prior to development commencing. The proposal does not include any buildings and works, or increases to impervious floor area. Therefore no funds leviable as part of this application.

Particular Provisions

Clause 52.06 Car Parking

Clause 52.06 of the Whittlesea Planning Scheme prescribes the rate and design standards for car parking spaces required on site.  Pursuant to this clause the following car spaces are required:

Use

Clause 52.06 rate

Patron numbers

Car spaces required

Car spaces provided

Complies

Convenience Restaurant

0.3 per patron

50

15

4

No

Planning Permit No. 709568 for the development of sixteen warehouse units on the site provided 44 car spaces for a gross floor area of 2810m2. Based on an allocation of car spaces per square metre, Unit 1 would be entitled to 4 of the 44 car spaces.

 

The previous takeaway food and drink premises generated a parking demand of 7 spaces and approval was granted for the dispensation of 3 spaces in addition to the 4 spaces provided on site.  This previous reduction can be used as a credit in considering the current reduction, however a further 8 spaces are being reduced.

 

It is noted that some sharing of spaces could occur after hours when certain businesses might be closed, however during normal business hours for the parking to work, the seating would have to be reduced into the low 20’s.  This will create enforcement challenges and only considers parking, not the appropriateness of the use.

 

It is likely that customers to the premises would utilise the most convenient parking available, that being the shared car parking area of the 16-unit warehouse development.  The demand for those spaces is likely to detrimentally impact on the car parking available to the other businesses that share the central car parks and this impact is considered unacceptable, impacting directly on employment businesses.

Clause 52.27 Licensed Premises

The purpose of this clause is to ensure that licensed premises are situated in appropriate locations and to ensure that the impact of the licensed premises on the amenity of the surrounding area is considered.

 

A permit is required to use land to sell or consume liquor if a licence is required under the Liquor Control Reform Act 1998.

 

The application is for the sale and consumption of liquor on site, and does not involve the sale of packaged liquor. The subject site is located a minimum of 100m from residential land. The number of patrons proposed for this sort of use is considered excessive, with a maximum of 50 patrons on site at any one time.

 

There are concerns with the proposal and the potential impact on the amenity of the surrounding area, as well as the impact of the number of patrons proposed, and the hours of operation. Based on the information provided, there are concerns that the proposal will cause detriment to other tenancies within the development, and to the surrounding area.

Comments on Grounds of Objection

The grounds of objection can be summarised as follows:

1.       Use of the car spaces allocated to other tenancies:

The car parking area provided on site is shared equally between the 16 tenancies, with each unit allocated between 2-4 spaces based on square meterage of each tenancy. The allocation of spaces to each premises is not formalised, or marked on the spaces, rather it is shared arrangement between the tenancies based on the owners corporation entitlements on title.

On this basis, a person that owns or leases one of these tenancies has the reasonable expectation that this arrangement will provide them with an equal share in the car parking area, with the share proportionate to the size of their premises. The proposed use would require 15 car parking spaces, where only 4 have been allocated to this tenancy.  As noted earlier, there are concerns with the impact of the shortfall in parking provision.

2.       Operation of the business from the common body corporate area

Concerns were raised in relation to the business currently operating from the grassed area within the front setback of the subject building, and storing goods within the car parking area, both of which are common property. Various complaints were also reported in relation to supposed issues between the applicant, the body corporate of the site, and other tenants. Disputes between body corporates and tenants are not a planning consideration, and any approval would still require permission from the owners corporation to occupy that space.

3.       Security concerns

Concerns were raised regarding the security of the common property and other tenancies on site, and issues that may arise with the late hours of operation and the service of alcohol. If a permit were to issue, a site management plan and a patron management plan could be required to indicate what safety measures would be undertaken as part of the use.

Declarations of Conflicts of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.

The Responsible Officer reviewing this report, having made enquiries with the relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

Conclusion

The application has been assessed against the planning zone provisions and other relevant planning provisions, including the State and Local Planning Policy Frameworks of the Whittlesea Planning Scheme, particularly Clause 52.06 Car Parking and Clause 52.27 Licensed Premises, and is considered to be inconsistent with the relevant policies and strategies of the Planning Scheme.  It is considered that the proposal is incompatible with the surrounding uses and development in the surrounding area. Therefore, it is recommended that the application for a Planning permit be refused.

Recommendation

THAT Council resolve to Refuse Planning Application No. 718075 and issue a Refusal to Grant a Planning Permit for Use of a Convenience Restaurant, reduction in the required rate of car parking and Liquor License, on the following grounds:

1.       The proposed scale of the use will detrimentally affect the amenity of the adjacent tenancies.

2.       The proposed reduction in the rate of car parking is inappropriate as it significantly reduces the number of shared car parking spaces available to other tenancies within the development.

3.       The proposal does not comply with the car parking requirements of Clause 52.06.

4.       The proposed use is inappropriately located and not in complimentary to the existing context.

5.       Approval to use the common property areas shown on plan has not been gained.

 

Chief Executive Officer Explanatory Note
The Item lapsed for want of a mover.

 


UNCONFIRMED MINUTESOrdinary Council Minutes                                                                       Tuesday 7 May 2019

 

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UNCONFIRMED MINUTESOrdinary Council Minutes                                                                       Tuesday 7 May 2019

 

6.1.2      1/8, 2/8, 3/8, 4/8, and 8 Lois court, thomastown - construction of 8 dwellings

Attachments:                        1        Locality Map

2        Advertised Plans   

Responsible Officer:           Director Partnerships, Planning & Engagement

Author:                                  Planning Officer   

 

APPLICANT:                                  MERAQ Building Designers P/L

COUNCIL POLICY:              Nil

ZONING:                               General Residential Zone

OVERLAY:                            Development Contributions Plan Overlay (Schedule 3)

Aboriginal Cultural Heritage Significance Area

REFERRAL:                          Nil

OBJECTIONS:                      Two

RECOMMENDATION SUMMARY

That Council resolve to approve Planning Application No. 717936 and issue a Notice of Decision to Grant a Permit for a multi-dwelling development comprising the construction of eight dwellings at 1/8, 2/8, 3/8, 4/8, and 8 Lois Court, Thomastown.

KEY FACTS AND / OR ISSUES

·    An application has been lodged to construct eight dwellings on the subject land, replacing the existing four dwelling on the land. All dwellings are proposed to be double storey. 

 

·    The application was advertised, which resulted in two objections being received.  The concerns raised were related to neighbourhood character, residential policy, building height and massing, overdevelopment concerns, overlooking, overshadowing, safety, dwelling entry, and car parking and access concerns.

 

·    The proposal demonstrates compliance with the relevant provisions of the Whittlesea Planning Scheme, particularly in relation to Clause 55 (ResCode), Council’s Housing Diversity Strategy and Clause 52.06 (Car Parking).

 

Report

SITE AND SURROUNDING AREA

The subject land is a residential unit site comprising four lots and a common property area with each lot developed with a single dwelling. The site is located on the western end of Lois Court, Thomastown, approximately 90m north of Spring Street (see Attachment 1).

 

Overall, the site is irregular in shape and has a curved frontage of approximately 12.5m and a maximum depth of 65.0m. The site has a total site area of 2075.0m2 and has a gradual east-west fall of 4.0m across a distance of 50.0m.

 

The existing dwellings on the land are single storey in form, constructed in brick, and feature hipped tile roofs. The presentation to the street comprises the side wall of 4/8 Lois Court, the frontages of both 1/8 and 2/8 Lois Court, the existing driveway, and some modest landscaping. 

 

The surrounding area is largely characterised by a variety of detached dwellings. The adjoining properties immediately to the north, east, and south of the site are all generally single storey dwellings with pitched and tiled roofs, with 35 Caroline Street offering double storey form. 

 

Examples of medium density development in the general area include 15, 17 and 34 Caroline Street, 11 Johnson Street, and 38, 45, 51 and 56 Spring Street.

 

The subject site is located within proximity of the following sites, services and infrastructure:

 

·    Bus Route 557 – Thomastown via West Lalor anti-clockwise loop (220m southeast)

·    Bus Route 554 – Thomastown via West Lalor clockwise loop (240m southeast)

·    Bus Route 357 – Wollert West to Thomastown Station (240m southeast)

·    Edgars Creek Trail (260m south)

·    Thomastown Primary School (430m east)

·    Thomastown Library / Thomastown Recreation & Aquatic Centre / Main Street Recreation Reserve (600m northwest)

·    Thomastown Shopping Centre (680m northeast)

·    Thomastown Railway Station (700m northeast)

restrictions and easements

The sites are legally described as Lots 1, 2, 3, 4 and CM on Plan of Subdivision 023691M.

 

A 2.44m wide easement traverses the northern boundary of the property and contains Yarra Valley Water infrastructure. Another sewerage and drainage easement runs along the western boundary, commencing 12.0m south from the northern boundary and gradually extends to a maximum width of 5.6m at the southern boundary where it maintains a 2.44m width throughout the entire length of the boundary. There is no proposed built form over any easement.

Proposal

It is proposed to demolish the existing four dwellings on site and construct eight new dwellings (see Attachment 2).

Dwelling No. 1 will contain an open plan kitchen/meals/living area, a laundry, and bathroom at ground level, and three bedrooms and amenities on the first floor.

Dwelling Nos. 2, 3, 5, 6, 7, and 8 will feature two bedrooms, a retreat, amenities, and a laundry at ground floor level, and an additional bedroom, an open plan kitchen/meals/living area, amenities, and a balcony at first floor level.  Dwelling No.4 is similar in configuration, aside from having the additional bedroom at ground floor level.

A double garage will provide car parking for each of dwellings No’s. 1-3 (inclusive) and a single garage with a tandem open car space will provide car parking for Dwelling No’s. 4-8 (inclusive).

Details of the proposed development are outlined in the following table:

 

Height/Scale

Number of Bedrooms

Setbacks

Private Open Space

Car Parking

Maximum Height

Dwelling No. 1

Double storey

3

5.3m front

(southeast boundary)

11.5m side (west boundary)

13.1m side (east boundary)

2.4m rear (south boundary)

93m2

Double garage (6.0m x 5.5m)

7.1m

Dwelling No. 2

Double storey

3

27.9m front (north boundary)

11.5m side (west boundary)

18.7m side (east boundary)

5.0m rear (south boundary)

45m2

Double garage (6.0m x 5.5m)

7.5m

Dwelling No. 3

Double storey

3

27.1m front (north boundary)

4.1m side (west boundary)

26.9m side (east boundary)

4.7m rear (south boundary)

105m2

Double garage (6.0m x 5.5m)

7.0m

Dwelling No. 4

Double storey

3

19.1m front (southeast boundary)

37.5m side (west boundary)

0m side (garage wall on east boundary)

2.4m rear (north boundary)

61m2

Single garage (3.5m x 6.0m) and tandem open car space (2.6m x 4.9m)

7.9m

Dwelling No. 5

Double storey

3

29.3m front (south boundary)

31.5m side (west boundary)

9.3m side (east boundary)

3.7m rear (north boundary)

64m2

Single garage (3.5m x 6.0m) and tandem open car space (2.6m x 4.9m)

7.8m

Dwelling No. 6

Double storey

3

29.1m front (south boundary)

19.9m side (west boundary)

18.3m side (east boundary)

3.7m rear (north boundary)

61m2

Single garage (3.5m x 6.0m) and tandem open car space (2.6m x 4.9m)

7.6m

Dwelling No. 7

Double storey

3

30.1m front (south boundary)

9.9m side (west boundary)

27.3m side (east boundary)

2.5m rear (north boundary)

59m2

Single garage (3.5m x 6.0m) and tandem open car space (2.6m x 4.9m)

7.7m

Dwelling No. 8

Double storey

3

30.3m front (south boundary)

1.5m side (west boundary)

36.2m side (east boundary)

5.2m rear (north boundary)

107m2

Single garage (3.5m x 6.0m) and tandem open car space (2.6m x 4.9m)

7.2m

Public Notification

Advertising of the application has resulted in two objections being received. The grounds of objection can be summarised as follows:

1.       Neighbourhood character

2.       Residential policy

3.       Building height and massing

4.       Density

5.       Overlooking

6.       Overshadowing

7.       Safety

8.       Dwelling entry

9.       Car parking and access concerns

A response to the grounds of objection is provided later in this report.

PLANNING ASSESSMENT

HOUSING DIVERSITY STRATEGY

The Housing Diversity Strategy (HDS) was introduced into the Whittlesea Planning Scheme (WPS) via Planning Scheme Amendment C181, gazetted on 22 October 2015. The Strategy provides a strategic framework for future residential development in the established areas of the municipality for the next 20 years. It aims to guide the future location and diversity of housing stock and identifies areas of housing growth and change, including areas where future housing growth will not be supported. In general, it aims to encourage higher residential densities and a diversity of housing types and sizes into areas within convenient walking distance to public transport and activity centres.

 

The proposal is considered to be in accordance with the HDS. The HDS is a reference document in the WPS and an assessment against it is provided under Standard B2 of the Clause 55 assessment.

 

 

ASSESSMENT AGAINST CLAUSE 55 OF THE WHITTLESEA PLANNING SCHEME

The following table provides details on whether the proposal complies with the requirements of Clause 55 of the Whittlesea Planning Scheme.  Under these provisions a development:

·    Must meet all of the objectives

·    Should meet all of the standards

If Council is satisfied that an application for an alternative design solution meets the objective, the alternative design solution may be considered.

 

ü - Compliance
× -  Non compliance

Objectives

Standards

Comments

B1

Neighbourhood Character

P

P

The proposal is considered to be in keeping with existing and preferred character of the area, with appropriately sized open space areas and a built form consistent with the area.  The dwellings will use materials and roof forms consistent with the area, whilst opportunities for landscaping have been provided throughout the development. Proximity to High Street and the train station provide context to the increased density on what is considered a currently underutilised parcel.  

B2

Residential Policy

P

P

The HDS nominates this site as being within the Neighbourhood Interface Change Area.

 

The proposed development is consistent with the preferred density and key design principles outlined in the HDS, including medium building heights, provision of sufficient area to allow for the planting of a medium canopy tree in the front setback, and minimal site coverage, private open space areas with dimensions that allow usability, and compliant setbacks. Further discussion relating to C200 is found below.

B3

Dwelling Diversity

N/A

N/A

Only applicable to developments of ten (10) or more dwellings

B4

Infrastructure

P

P

 

B5

Integration with the street

P

P

 

B6

Street setback

P

X

Dwelling No. 1 is proposed to be setback 5.4m from the front setback which is the same front wall setback as at present. Standard B6 requires a 7.7m setback to meet the standard.

Due to the context of the site and irregular configuration, the variation is considered to be acceptable as the setback will be in keeping with the rhythm of the built form across the court and still allow for effective landscaping. The variation is considered to be an improvement on the current setting where the blank side wall of 4/8 Lois Court directly faces the street, at the same setback distance. 

In addition, the land at this portion of the court has a fall that reduces any potential impacts on the streetscape.

B7

Building height

P

P

 

B8

Site coverage

P

P

 

B9

Permeability

P

P

 

B10

Energy efficiency

P

P

 

B11

Open space

 

 

Only applicable if public or communal open space is to be provided on site or adjacent to the development

B12

Safety

P

P

 

B13

Landscaping

P

P

 

B14

Access

P

P

 

B15

Parking location

P

P

 

B17

Side and rear setbacks

P

Condition

Currently, the western wall of the first floor of Dwelling No. 8 (kitchen) does not comply with this setback by a distance of 200mm. This matter can be resolved by means of a condition on permit.

B18

Walls on boundaries

P

P

 

B19

Daylight to existing windows

P

P

 

B20

North-facing windows

P

P

 

B21

Overshadowing open space

P

P

 

B22

Overlooking

P

P

 

B23

Internal views

P

P

 

B24

Noise impacts

P

P

 

B25

Accessibility

P

P

 

B26

Dwelling entry

P

P

 

B27

Daylight to new windows

P

P

 

B28

Private open space

P

P

 

B29

Solar access to open space

P

P

 

B30

Storage

P

P

 

B31

Design detail

P

P

 

B32

Front fences

N/A

N/A

No front fence is proposed.

B33

Common property

P

P

 

B34

Site services

P

P

 

AMENDMENT C200

Planning Scheme Amendment C200 is currently with the Minister for approval.  Planning Scheme Amendment C200 is the stage two implementation of Council’s Housing Diversity Strategy and is a ‘seriously entertained’ document, which requires planning consideration.  Planning Scheme Amendment C200 will result in Schedule 4 of the General Residential Zone applying to the site. 

The subject site is affected by Amendment C200. This identifies the subject site as within the Neighbourhood Interface character area. This encourages a character that balances the scale of development with landscaping and ensures sensitive transitions in height from existing dwellings, contemporary building designs with variation and breaks in building form to soften the visual bulk of development, to improve landscape character by providing generous landscaping including canopy trees in front and rear setbacks, and to provide private open space to be functional for residents through location, orientation and design. The proposal is considered to achieve these requirements with private open space areas at least 40m2 in size, sufficient area for canopy planting within front and rear setback as well as appropriate separation between dwellings throughout the development area.

CAR PARKING 

Clause 52.06 of the Whittlesea Planning Scheme prescribes the rate and design standards for car parking spaces required on site.  Pursuant to this clause the following car spaces are required:

 

 

Dwelling No.

No. of bedrooms

Car spaces required

Car spaces provided

Complies

1

3

2

2

Yes

2

3

2

2

Yes

3

3

2

2

Yes

4

3

2

2

Yes

5

3

2

2

Yes

6

3

2

2

Yes

7

3

2

2

Yes

8

3

2

2

Yes

Garages should be at least 6.0m long and 3.5m wide for a single space and 5.5m wide for a double space (measured inside the garage or carport).  An open car space should be at least 4.9m long and 2.6m wide.  The proposal complies with these performance standards, with all cars being able to enter and exit the site in a forward direction in a safe and efficient manner.

DEVELOPMENT CONTRIBUTIONS PLAN OVERLAY (SCHEDULE 3)

The site is affected by the Development Contributions Plan Overlay. Pursuant to Clause 45.06 of the Whittlesea Planning Scheme, the Development Contributions Plan Overlay enables the levying of contributions for the provision of works, services and facilities prior to development commencing.

 

Schedule 3 to the overlay requires contributions for drainage infrastructure for medium density residential development at a current rate of $2.19 per square metre of the total site area. This requirement must be included as a condition on any planning permit that is issued.

 

ABORIGINAL CULTURAL HERITAGE SIGNIFICANCE AREA

 

The site is identified to be within an area of cultural heritage significance. The construction of eight dwellings on the site is considered to be a ‘high impact activity’ in accordance with the Aboriginal Heritage Regulations 2018 that will require significant soil disturbance. A Cultural Heritage Management Plan prepared by Benchmark Heritage Management and dated 6 September 2017 was considered and approved by the Wurundjeri Tribe Land & Compensation Cultural Heritage Council Inc. on 11 September 2017.  The approved CHMP considered the whole site as part of the activity area and, as such, has appropriately considered the whole site as part of its investigation area.

Comments on Grounds of Objection

1.   Neighbourhood character

 

The shape, siting, form, and scale of the dwellings are site and context responsive. Appropriate setbacks have been established and entries are easily identifiable and differentiated.  Usable space for private activities has been provided for each dwelling, site coverage is conventional and meaningful landscaping opportunities are available throughout the site. It is noted that a double storey dwelling does not default to ‘neighbourhood character non-compliance’ solely for the reason that it is double storey.  Accordingly, the overall proposal is considered to be in keeping with the existing character of the area and when taking into considered built form in the immediate and broader context is not considered to have a detrimental impact on the character of the court or surrounds.

2.   Residential policy

 

As noted within the assessment, the proposed development is consistent with the preferred density and key design principles outlined in the HDS, including medium building heights, provision of sufficient area to allow for the planting of a medium canopy tree in the front setback, and minimal site coverage, private open space areas with dimensions that allow usability, and compliant setbacks.

3.   Building and height massing

 

Overall, the development reaches a maximum building height of 7.9m, which is compliant with the requirements of Clause 55.03-2 ‘Building height’ and within the maximum allowable height of the General Residential Zone (11m). In addition, the site steps down from the court, offsetting any potential dominance on the existing single storey dwellings within the streetscape.

4.   Density

 

The site area totals to 2,075m2. With eight dwellings, this yields a ratio of approximately one dwelling per 260m2. This is considered to be a conventional outcome in developing a residential site within the established areas of the Whittlesea municipality where the HDS nominates sites within the Neighbourhood Interface change area appropriate for medium density outcomes.

5.   Overlooking

 

As assessed above, the proposal is compliant with the objective of Clause 55.04-6 ‘Overlooking’ and the associated performance standard.

6.   Overshadowing

 

As assessed above, the proposal is compliant with the objective of Clause 55.04-5 ‘Overshadowing’ and the associated performance standard.

7.   Safety

 

As assessed above, the proposal is compliant with the objective of Clause 55.03-7 ‘Safety’ and the associated performance standard as the entrance of each dwelling is identifiable and not obscured. To enhance visibility, a condition on permit requiring bollard lighting throughout the accessway area to be included.

8.   Dwelling entry

 

As assessed above, the proposal is compliant with the objective of Clause 55.05-2 ‘Dwelling entry’ and the associated performance standard as each dwelling is embellished by way of a differentiated façade treatment that features varying porch designs and dwelling block numbers that are visible within the development.

9.   Car parking and access concerns

 

It is considered that the street network is capable of accommodating an increase in density as proposed. The site has been identified in Council’s Housing Diversity Strategy to be within the Neighbourhood Interface change area and the resulting development will be comparable to similar intensity of development at surrounding medium density housing sites. The proposal complies with Clause 52.06 ‘Car parking’ in the provision of the correct number of car parking spaces, including a visitor bay, and no loss of on-street car parking is lost as the existing crossover is the sole point of access.

Declarations of Conflicts of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.

The Responsible Officer reviewing this report, having made enquiries with the relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

Conclusion

The application provides a satisfactory response to the requirements of the Whittlesea Planning Scheme and in particular Clause 52.06 (Car Parking), Clause 55 (ResCode), and Council’s Housing Diversity Strategy. The proposal meets the preferred density and key design principles of Clause 21.09-4 (Change Areas in the Established Suburbs) of the Whittlesea Planning Scheme.

 

It is considered that the proposal will not result in unreasonable impacts on the character of the neighbourhood and surrounding residential properties. It is therefore recommended that Council approve the application.

 

Recommendation

THAT Council resolve to approve Planning Application No. 717936 and issue a Notice of Decision to Grant a Planning Permit for the Construction of Eight Dwellings in accordance with the endorsed plans and subject to the following conditions:

Payments Required

1.       Prior to the endorsement of plans, the permit holder must pay to Council a contribution for drainage pursuant to Clause 45.06 of the Whittlesea Planning Scheme.  The drainage contribution will be subject to the Consumer Price Index (CPI) applicable at the time of payment.

Plans Required

2.       Before the development hereby permitted commences, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of this permit. The plans must be generally in accordance with the plans dated 3 December 2018 and prepared by MERAQ Building Designers but modified to show:

a)      The second storey of Dwelling No. 8 to have a minimum western side setback of 1.7m;

b)      Bollard lighting located within the front landscaped area of each dwelling;

c)      Feature paving to clearly indicate a pedestrian pathway network throughout the site. This paving must not be plain concrete;

d)      The words ‘passing area’ in lieu of the words ‘turning area’ notated on plans;

 

e)      Corner splay areas that area at least 50 per cent clear of visual obstructions extending at least 2 metres along the frontage road from the edge of an exit lane and 2.5 metres along the exit lane from the frontage; and

 

f)       Landscaping as required by Condition 3 of this permit.

3.       Concurrent with the endorsement of plans under Condition 3 and before the development hereby permitted commences, a landscape plan prepared by a suitably qualified landscape designer to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and will then form part of this permit. The plan must show:

a)      A survey of all existing vegetation and natural features;

b)      The area or areas set aside for landscaping;

c)      A schedule of all proposed trees, shrubs/small trees and ground cover;

d)      The location of each species to be planted and the location of all areas to be covered by grass, lawn or other surface material;

e)      Paving, retaining walls, fence design details and other landscape works including areas of cut and fill;

f)       Appropriate irrigation systems;

g)      Appropriate maintenance details; and

h)      The provision of canopy trees throughout the development as            appropriate, including in the front setback area of the buildings.

Layout Not Altered

4.       The development allowed by this permit and shown on the plans and/or schedules endorsed to accompany this permit shall not be amended for any reason without the consent of the Responsible Authority.

5.       Once the development has started it must be continued and completed to the satisfaction of the Responsible Authority.

Landscaping

6.       Prior to the occupation of the dwellings hereby approved, landscaping works shown on the endorsed plan must be completed and then maintained to the satisfaction of the Responsible Authority.

Actions Before Occupation of the Dwellings

7.       Prior to the occupation of the dwellings hereby approved, the car parking areas and access ways must be drained, fully sealed and constructed with asphalt, interlocking paving bricks, coloured concrete or other similar materials to the satisfaction of the Responsible Authority.

8.       In areas set aside for car parking, measures must be taken to the satisfaction of the Responsible Authority to prevent damage to fences or landscaped areas.

9.       Vehicular access to the site must be by way of a vehicle crossing constructed in accordance with Council’s Vehicle Crossing Specifications to suit the proposed driveway(s) and the vehicles that will be using the crossing(s).  The location, design and construction of the vehicle crossing(s) must be approved by the Responsible Authority.  Any existing unused or redundant crossing(s) must be removed and replaced with concrete kerb, channel and naturestrip to the satisfaction of the Responsible Authority.  All vehicle crossing works are to be carried out with Council supervision under a Road Opening Permit.

10.     The permit holder shall be responsible to meet all costs associated with reinstatement and/or alterations to Council or other Public Authority assets deemed necessary by such Authorities as a result of the development.  The permit holder shall be responsible for obtaining prior specific written approval for any works involving the alteration of Council or other Public Authority assets.

11.     Prior to occupation of any dwelling on the subject site, a letter box and house number to the satisfaction of the Responsible Authority shall be provided for each dwelling.

12.     At all times during the construction phase of the development, the permit holder shall take measures to ensure that pedestrians are able to use with safety any footpath along the boundaries of the site.

13.     Upon completion of all buildings and works authorised by this permit the permit holder must notify the Responsible Authority of the satisfactory completion of the development and compliance with all relevant conditions.

14.     Before starting any buildings or works, engineering plans showing a properly prepared design (with computations) for the internal drainage and method of disposal of stormwater from all roofed and sealed areas, including the use of an on-site detention system (if required), must be submitted to Council for approval.  These internal drainage works must be completed to Council’s satisfaction prior to using or occupying any building on the site.

15.     Prior to the occupation of the dwellings hereby approved, the permit holder is required to construct at no cost to Council, drainage works between the subject site and the Council nominated point of discharge.  Such drainage works must be designed by a qualified engineer and submitted to and approved by Council.  Computations will also be required to demonstrate that the drainage system will not be overloaded by the new development.  Construction of the drainage system must be carried out in accordance with Council specifications and under Council supervision.

16.     Prior to the occupation of the dwellings hereby approved, reticulated (water, sewerage, gas and electricity) services must be constructed and available to the satisfaction of the Responsible Authority.

General Amenity – Construction works

17.     Any litter generated by building activities on the site shall be collected and stored in an appropriate enclosure which complies with Council’s Code of Practice for building/development sites.  The enclosures shall be regularly emptied and maintained such that no litter overspills onto adjoining land.  Prior to occupation and/or use of the building, all litter shall be completely removed from the site.

18.     During the construction phase, a truck wheel washing facility or similar device must be installed and used to the satisfaction of the Responsible Authority so that vehicles leaving the site do not deposit mud or other materials on roadways. Any mud or other materials deposited on roadways as a result of construction works on the site must be cleaned to the satisfaction of the Responsible Authority within two hours of it being deposited.

Permit Expiry

19.     In accordance with the Planning and Environment Act 1987 a permit for the development expires:

a)      the approved development does not start within 2 years of the date of this permit; or

b)      the approved development is not completed within 4 years of the date of this permit. 

The responsible authority may extend the periods referred to above if a request is made in writing.  This request must be made before or within 6 months after the permit expiry date where the development has not yet started and within 12 months after the permit expiry date where the development allowed by the permit has lawfully started before the permit expires.

NOTES

Advanced Trees

An advanced tree under this permit shall generally constitute the following:

·        Evergreen – minimum container size 45 litre spring ring, calliper at ground level 50mm.

·        Deciduous – minimum calliper at ground level 65mm, minimum height 2 metres.

Easements

No structure may be built over an easement on the subject site without the consent of the relevant Responsible Authority.

Property Numbering

Please note that property addresses and numbering is allocated by Council.  This is usually formalised at the time of the subdivision. Please check with Council’s Subdivision Department to verify all street numberings.

 COUNCIL RESOULTION

Moved:                       Cr Pavlidis

Seconded:               Cr Joseph

THAT Council resolve to:

Refuse application No. 717936 and issue a Notice of Refusal to grant a Planning Permit for a multi-dwelling development comprising the construction of eight dwellings, at 1/8, 2/8, 3/8, 4/8 and 8 Lois Court, Thomastown, on the following grounds:

 

1.    The proposed development does not respect the existing or preferred character of the neighbourhood, and therefore fails to comply with Clause 55.02-1 – Neighbourhood Character.

 

2.    The proposed development does not achieve the Key Design Principles of Council’s Housing Diversity Strategy, and therefore fails to comply with Clause 55.02-2 – Residential Policy.

 

3.    The proposed development does not achieve an acceptable level of consistency with Clause 21.09 of the Local Planning Policy Framework, namely Council’s Housing Diversity Strategy.

4.    The proposal will result in an overdevelopment of the site and will have an adverse impact on neighbourhood character and onsite amenity.

5.    The proposal will result in poor traffic outcomes within the court, in particular private waste collection, that do not achieve the purpose of Clause 52.06 – Car Parking

CARRIED

 


UNCONFIRMED MINUTESOrdinary Council Minutes                                                                       Tuesday 7 May 2019

 

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UNCONFIRMED MINUTESOrdinary Council Minutes                                                                                                                                                                                                                                                                                                          Tuesday 7 May 2019

 

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6.1.3      170 Dalls Road, Whittlesea - Buildings and works comprising earthworks associated with three existing dams

Attachments:                        1        Locality Maps

2        Location of Proposed Earthworks

3        Traffic Management Plan   

Responsible Officer:           Director Partnerships, Planning & Engagement

Author:                                  Planning Officer   

 

APPLICANT:                                  Peter Gorski

COUNCIL POLICY:              21.05-1  Environmental Assets  

21.07-5  Environmental Degradation

ZONING:                               Green Wedge A Zone

OVERLAY:                            Bushfire Management Overlay

REFERRAL:                          Sustainability Planning and Development Engineering

OBJECTIONS:                      12 Objections

 

RECOMMENDATION SUMMARY

That Council resolve to approve Planning Permit Application No. 718300 and issue a Notice of Decision to grant a Planning Permit for Buildings and works comprising earthworks associated with three existing dams at 170 Dalls Road, Whittlesea, subject to conditions requiring a reduction in the amount of fill and associated traffic movements, as well as the implementation of management plans.

KEY FACTS AND / OR ISSUES

·        The proposal is for upgrade works to three existing dams located on the 168.5 hectare site. Planning permission is required for the associated earthworks and disposal of clean fill on the land to improve the carrying capacity of the dams and reduce further erosion of agricultural land.

·        The amount of fill proposed to be placed on the land is approximately 46,000 cubic metres and will be transported by 18 truck movements per day over a period of approximately 23 weeks.  

·        Some of the fill has previously been transported to the site to minimise erosion of the land and erosion prevention works are exempt from planning approval.  However, the scale of works now proposed have gone beyond this exemption and therefore planning permission is now required which is discussed later in the report.

·        At the time of reporting, 12 objections had been received, all raising concerns with respect to additional traffic movements, impact the works may have on existing road infrastructure, the quality of the fill and potential environmental implications, additional noise and dust generated by the works.

 

Report

SITE AND SURROUNDING AREA

The subject land is an irregular shaped allotment with a total site area of approximately 168.5 hectares and located at the eastern side of Dalls Road (See Attachment 1). The property is situated 2.3km north of Wildwood Road and 1.6km east of Wallan Road.

The land is undulating with prominent ridge tops throughout the property.  A maximum ridge line runs along the northern boundary and drops approximately 16 metres to its lowest point along the southern boundary.  The site contains a dwelling and an outbuilding within the southwest portion of the land. Whilst the site contains a dwelling it is primarily used for the grazing of cattle. There are six existing dams located throughout the subject site centrally on the land and extending towards the southeast corner.  The land also contains dense areas of native vegetation particularly along the northern and eastern boundaries.

Surrounding rural properties range in scale, generally a similar size to the subject land. Several of the properties to the south contain rural dwellings which are situated a considerable distance from the common boundaries with the land.  The closest dwelling is located on the adjoining property to the south of the subject land (150 Dalls Road).  This dwelling is located approximately 80 metres from the common boundary with the subject land.  Surrounding properties are mostly undulating with areas of native vegetation.

Background

Some of the fill has previously been transported to and from the subject site to minimise erosion of the land. Erosion prevention works are exempt from planning approval under the Whittlesea Planning Scheme.  However, the scale of works now proposed have gone beyond this exemption and therefore planning permission is now required, which is discussed later in the report.

restrictions and easements

The Certificate of Title for the property shows that the site is not affected by any encumbrances or restrictions.

Proposal

It is proposed to undertake earthworks comprising of the disposal of clean fill associated with three dams. Whilst there are several dams on the subject site, only three dams have been identified for restoration works. The works are sought to improve the carrying capacity of the three identified dams and to assist in reducing further erosion of the land. The proposal is to consolidate the dam walls and to blend these walls into the contours of the land (See Attachment 2). Details of the extent of works are outlined as follows:

 

Cubic meters (m3) of clean fill

Dam 1

9000

Dam 2

9000

Dam 3

28000

 

The applicant has submitted a Traffic Management Plan which provides further details on the associated operations required for these works (See Attachment 3).  A summary is outlined in the table as follows:

 

Daily Operating Capacity

Daily Truck Movements

Days Operation (average)

Weeks of Operation (5 days per week)

400 cubic meters

18

115

23

Public Notification

Advertising of the application was carried out by way of written notice to adjoining and adjacent owners and a sign placed on site. Three objections were received at the completion of the advertising period. The objections received can be summarised as follows:

1.       Increased traffic and the impact multiple truck movements may have on Dalls Road and surrounding roads;

2.       Environmental issues and concerns with the quality of the fill; and,

3.       Increased dust and pollution associated with earthworks.

A response to these grounds is provided later within the report. Refer to Attachment 1 for the location of objectors.

ASSESSMENT AGAINST THE WHITTLESEA PLANNING SCHEME

The application has been assessed against the following relevant policies:

 

State Planning Policies

 

Clause 12 – Environment and Landscape Values

Clause 13 – Environmental Risk and Amenity

 

Local Planning Policies

 

Clause 21.05-1 – Environmental Assets

Clause 21.07-5 – Environmental Degradation

The relevant State and Local policies provide a framework to ensure that any use or development of (rural) land does not undermine qualities pertaining to environmental and landscape vales. The planning process seeks to ensure that any fill associated with these earthworks is ‘clean fill’ and will be assessed and demonstrated accordingly by qualified experts, to Council’s satisfaction. Through this, the purpose of ‘Clause 12 - Environment and Landscape Values’, ‘13 - Environmental Risk and Amenity’, ‘21.05-1 – Environmental Assets’ and ‘21.07-5 – Environmental Degradation’ is achieved in that no contaminated soil will be brought to the property, negating any potential risk, hazards, and harm to the land and surrounding properties. Appropriate conditions will be placed on any permit issued to ensure that the fill is to the satisfaction to the Responsible Authority and Environmental Protection Authority (EPA).


Zoning and Overlay Provisions

Clause 35.05 - Green Wedge A Zone

 

Clause 35.05-5 of the Whittlesea Planning Scheme relates to buildings and works and states that a permit is required for earthworks specified in a schedule to this zone.  The earthworks and proposed fill will impact on the rate of flow across the property and therefore a permit is required.

The Green Wedge A Zone encourages the protection of land for agricultural and environmental purposes, ensuring works and activities protect and enhance the character of open rural and scenic non-urban landscapes and provide longer term protection and enhancement of the biodiversity of the area. The works proposed are intended to provide long term security and improved agricultural sustainability of the land by improving the carrying capacity of the three identified dams. The placement of fill surrounding these dams will enable additional water storage which will provide the protection and continuance of the existing livestock grazing the land. They will also assist in reducing further erosion of the land by stabilising these three failing dams.

The proposed works do not fall in an area identified as being significant in regard to cultural heritage and the proposal, in part, is considered acceptable within the non-urban landscape and character of the surrounding locality. While the proposed amount of fill associated with the three dams is substantial, it is considered that the site is able to balance a reasonable level of land management practices and earthworks, with impacts on the land and surrounding land being actively monitored and managed.

The embankments to all three dams are proposed to be shaped and feathered out to ensure it integrates appropriately into the existing landscape and topography. The plans submitted with the application propose a 2:1 slope and show the filling works extending beyond the widths of the dams. It is considered the works could be reduced and more appropriately integrated into the immediate area surrounding the three dams. It is recommended that the proposal show a 3:1 downstream slope, reduce width of dam walls to 10 metres and confine the earthworks to an area commensurate with the width of the existing dams.  Appropriate conditions on any permit issued can be imposed to ensure these amendments are made and that the fill is placed appropriately in accordance with detailed plans.

The immediate and surrounding area is comprised of agricultural land and rural living areas. The scale of works and frequency of vehicular movement to and from the subject has the potential to impact on the amenity of the immediate area. While this is not part of the proposal for which planning permission is required, it is considered reasonable to impose conditions on the permit for a comprehensive Traffic Management Plan (TMP). Any revised TMP would need to be to the satisfaction of Whittlesea Council requirements who in this instance are the relevant road authority for local roads under the Road Management Act. The amended TMP must provide details on how to minimise impacts from truck transport to and from the subject site and details on restoration works required to address any damage done to local roads from the associated works. All restoration works would be required at the owner’s expense.

The construction works may be atypical in a rural context; however, the proposed works will improve the carrying capacity on the existing dams, reduce erosion of the rural landscape and assist in achieve long term sustainable land management practices. Furthermore, a condition will be imposed on the permit requiring the preparation and implementation of a Land Management Plan. This will ensure that sustainable land management practices occur on the land during and after the completion of the works.

Subject to appropriate conditions, including reduced overall fill and subsequent vehicle movements, it is considered that the proposal will achieve the objectives and purposes of the zone and the State and Local Planning Policy Framework.

 

Clause 44.06 - Bushfire Management Overlay 

 

Clause 44.06 of the Scheme relates to the Bushfire Management Overlay. The proposed earthworks are associated with three existing dams which are to be improved for agricultural purposes. Therefore, pursuant to this clause a planning permit is not required to construct or carry out works associated with agriculture.

 

Comments on Grounds of Objection

Increased traffic and the impact multiple truck movements may have on Dalls Road and surrounding roads

It is acknowledged that the frequency of eighteen truck movements per day, to and from the subject site, has the potential to impact on rural living due to noise, dust, increased traffic and damage to existing road infrastructure. As discussed earlier in the report the fill area will be reduced, which will result in fewer truck movements. Conditions will also be imposed to reduce amenity impacts and ensure the existing road infrastructure is not eroded by these works, to the satisfaction of the Council. Furthermore, these works will be restricted to typical business hours and days and therefore it is unlikely the proposal will have adverse health or sleep disturbances on rural living residents.

Environmental issues and concerns on the quality of the fill

Appropriate conditions on the permit will ensure the placement of any fill will be clean. Prior to the receipt of any fill on the land the permit holder will be required to provide a report verified by an environmental auditor to certify that all fill has been classed as ‘clean’ in accordance with EPA requirements. Furthermore, a condition will require the preparation and implementation of a Land Management Plan which will ensure ongoing sustainable practices for the land which will assist and improve the agricultural and biodiversity value on the land.

 

Increased dust and pollution associated with earthworks

The placement of clean fill and associated vehicle movement has the potential to generate dust.  Enforceable conditions will be imposed to ensure there is protection for offsite amenity. This dust, whether from the fill or truck movement, sand or aggregate, will contain fine particles that need to be controlled to protect offsite amenity.  Any permit issued will be required to ensure the amenity of the area not to be detrimentally affected through the emission of noise, vibration, smell, fumes, dust, waste water, waste products, grit or oil.  It is envisaged that subject to the appropriate conditions these potential amenity impacts associated with the works will be appropriately managed. 

Declarations of Conflicts of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.

The Responsible Officer reviewing this report, having made enquiries with the relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

Conclusion

The proposal is generally satisfactory, and represents reasonable earthworks typical for improving the carrying capacity of rural dams.  Appropriate conditions will assist in minimising the potential impacts the proposal may have on any surrounding or nearby properties. The only impacts that will arise relate to the transportation of the material to the site and from trucks leaving the site once delivery has been made; however, a comprehensive Traffic Management Plan will be required as a condition on the permit. The proposal has been assessed under the relevant controls in the Whittlesea Planning Scheme, and approval is recommended subject a range of standard conditions, plus the requirement for Traffic Management Plan as discussed above.

 

Recommendation

THAT Council resolve to approve Planning Application No. 718300 and issue a Notice of Decision to Grant a Permit for works comprising of earthworks associated with three existing dams in accordance with the endorsed plans and subject to the following conditions:

Plans Required

1.       Before the development hereby permitted starts, amended plans to the satisfaction of the Responsible Authority be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and will then form part of the permit. The plan must be drawn to scale with dimensions and three copies must be provided. The plan must be generally in accordance with the plans received by Council dated 18/03/2019, prepared by Peter Richards Surveying, but modified to show: 

(a)       Reduced width of dam walls to no greater than 10 metres;

(b)       Confine the area of works to the width of the existing dam walls;

(c)       A 3:1 downstream slope; 

(d)       Overflow position and width for each dam and demonstrate that they are sufficient to cope with flood events;

(e)       position and width and demonstrate that it is sufficient to cope with flood events to prevent water spilling over the dam; and,

(f)        Cross section of dam walls.

2.       Prior to the endorsement of plans, a detailed report and associated plans, prepared by a suitably qualified civil engineer, to the satisfaction of the Responsible Authority, which clearly demonstrates how the fill is to be placed on the land, and stormwater issues managed must be submitted to and approved by the Responsible Authority. The report must include a formal engineering plan that specifically details the manner in which how the fill will be compacted, and/or spread across the property, and the drainage lines, if any.

3.       Prior to the endorsement of plans, a Land Management Plan (LMP) prepared by a qualified environmental consultant must be submitted to and approved by the Responsible Authority. The LMP must specify actions to be carried out to ensure that the rehabilitation of the site, where required, is achieved. When approved, the LMP will be endorsed and will then form part of this permit.  

4.       Within 60 days of the endorsement of the LMP or alternate date as approved by the Responsible Authority, the applicant must enter into an agreement under Section 173 of the Planning and Environment Act 1987 with the Responsible Authority to provide for the following:

a)   The implementation and operation of the Land Management Plan endorsed as part of this planning permit.

No Alterations

5.       The use and development allowed by this permit and shown on the plans and/or schedules endorsed to accompany this permit shall not be amended for any reason without the consent of the Responsible Authority.

6.       Once the works have started they must be continued and completed to the satisfaction of the Responsible Authority.  

Environmental / Site Management Plan

7.       Before works start, a detailed Environmental / Site Management Plan must be submitted to and approved by the Responsible Authority, showing:

(a)          The location, limit extent and depth of filling (including a cross sectional view);

(b)          Emergency contacts;

(c)          Traffic management measures and access to the site;

(d)          Silt and water quality management;

(e)          Temporary drainage measures;

(f)           Details on any means of stabilisation such as batters, retaining wall and planting; and,

(g)          Erosions and silt protection measures which are to be implemented throughout the filling process to be annotated on plan.

Quality of Fill

8.       Prior to the receipt of any fill to the land, the permit holder must provide a report to the responsible authority, verified by an environmental auditor, certifying that all fill that has been deposited on the land has been classed as clean fill in accordance with EPA’s Soil Sampling Guidelines and hazard classification guidance (IWRG621).  Any departure from the minimum sampling rates specified in the Soil Sampling Guidelines must be approved through the provision of a risk assessment endorsed by an independent environmental auditor or a suitably qualified and independent environmental consultant approved by the Environment Protection Authority.

9.       Only clean fill material is permitted to be imported to the site.  Clean fill material is defined within classification of Wastes EPA Publication 448.  This material must not contain any solid inert wastes (such as demolition material, concrete, bricks, timber, plastics, etc.).

10.     No contaminated fill material is permitted to be used or kept on the site.

11.     Records must be kept and maintained on the source of all material and a material tracking system is to be maintained.  Records must be made available to the Responsible Authority upon request, and Records must include:

(a)       Dates material was deposited;

(b)       Volume of fill;

(c)       Origin location where material originated;

(d)       Type and classification description of material (including reference to any testing results that may have been undertaken);

(e)       Site location reference to area being filled; and,

(f)        Other relevant comments.

General Amenity – Construction Works

12.     No native vegetation shall be destroyed, felled, lopped, ring barked or uprooted.

13.     All batters resulting from excavation or filling shall be properly stabilised and vegetated to prevent erosion.

14.     The dam walls must have a stable foundation, be constructed of compacted clay and made watertight with the top and downstream face top soiled and grassed to the satisfaction of the Responsible Authority and in accordance with the requirements of Melbourne Water.

15.     All roads, storage areas and stockpiles must be maintained to avoid dust nuisance to any neighbouring land to the satisfaction of the Responsible Authority.   

16.     The development and use hereby permitted must be managed so that the amenity of the area is not detrimentally affected through the:  

(a)     Transport of materials, good or commodities to or from the land;

(b)     Appearance of any building, works or materials;

(c)     Emissions of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil; or

(d)     Presence of vermin.

17.     The site must at all times be kept in a neat and tidy condition to the satisfaction of the Responsible Authority.  Any litter must be immediately removed from the site and surrounding area at the direction of the Responsible Authority.

18.     Upon completion of the works authorised by this permit the permit holder must notify the Responsible Authority of the satisfactory completion of the development and compliance with all relevant conditions.

Traffic Management

19.     Before the commencement of any further works, an amended traffic management plan must be prepared in consultation with Whittlesea City Council in its capacity as road authority under the Road Management Act 2004 for local (public) roads used to transport material to/from and within the vicinity of the land.  The Traffic Management Plan must be to the satisfaction of Whittlesea City Council.  When approved, the Traffic Management Plan will be endorsed by the Responsible Authority and form part of the permit.

The Traffic Management Plan, without limiting the generality of the plan, must include:

(a)       The proposed route for construction vehicle access to and from the site.

(b)       How truck movements to and from the site, including turning movements can be safely accommodated.

(c)       An existing conditions survey of public roads and associated infrastructure, including details of the suitability of the design, condition and construction standard of the relevant public roads, bridges and non-road infrastructure at risk from damage, deterioration or dilapidation arising from the transport of fill to and from the site.  This survey is to include but not limited to Dalls Road.

(d)       The designation of all vehicle access points to the site from surrounding roads.  Vehicle access points from Dalls Road must be designed and located to ensure safe sight distances, turning movements, and maintain safety to local residents and other road users.

(e)       A truck wheel washing facility or similar device to be installed and used to the satisfaction of the Responsible Authority so that vehicles leaving the site do not deposit mud or other materials on roadways.  Any mud or other materials deposited on roadways as a result of the works on the site to be cleaned to the satisfaction of the Responsible Authority within two hours of it being deposited.

(f)        Measures to reduce the impact of noise, dust (including appropriate dust suppression and/or details of water trucks) and other emissions from heavy vehicles.

(g)       The designation of proposed hours and speed limits for trucks on routes accessing the site.

(h)       A statement that the permit holder is responsible for any damage caused to construction vehicle or other vehicles, in the event that the safe and usable quality of any public road is degraded or compromised as a result of the development, and that the permit holder indemnifies Whittlesea City Council from any liability for any such damage.

(i)         A program to rehabilitate existing road and associated infrastructure, including the infrastructure identified in paragraph (c) above, to a safe and usable condition to a standard no less than what is required to support the proposed use during and at the completion of the fill period.

(j)         Vehicular access to the site by way of a vehicle crossing constructed in accordance with Council’s Vehicle Crossing Specifications to suit the proposed driveway(s) and the vehicles that will be using the crossing(s). 

20.     By no later than three (3) months after the date of completion of permitted filling, a further conditions survey of public roads, associated infrastructure and access points must be prepared and submitted to the Responsible Authority.  The report must to the satisfaction of the Responsible Authority and include details of any dilapidation or damage to the roads and non-road infrastructure and a program of rehabilitation provided in accordance with the requirements of the approved Traffic Management Plan.

21.     All works, reporting and the provision of traffic management measures are to be at no cost to Whittlesea City Council, including but not limited to all additional route survey work, and all additional traffic management resources and equipment such as variable message signs.  

Expiry Conditions

22.     In accordance with the Planning and Environment Act 1987 a permit for the development expires if:

(a)     the approved works do not start within 2 years of the date of this permit; or,

(b)     the approved works are not completed within 4 years of the date of this permit.

The responsible authority may extend the periods referred to above if a request is made in writing.  This request must be made before or within 6 months after the permit expiry date where the development has not yet started and within 12 months after the permit expiry date where the development allowed by the permit has lawfully started before the permit expires.

MOTION

Moved:                       Cr Joseph

Seconded:               Cr Sterjova

 

THAT Council resolve to adopt the recommendation with the addition of point 1(g) and a new part 7 to read as follows:

1.(g) The dam walls being repaired no higher than the current height with no increase in         dam capacity.

7.       Fill brought to the site may only be used for the purpose of repairing dam walls     associated with this permit and in accordance with the endorsed plans, and not for any          other purpose.

 

ExTENsion OF SPEAKING TIME

Moved:                       Cr Kirkham

Seconded:               Cr Sterjova

 

THAT Council resolve to extend the speaking time of Cr Joseph for a further two minutes

CARRIED


 

Council RESOLUTIOn

Moved:                       Cr Joseph

Seconded:               Cr Sterjova

THAT Council resolve to approve Planning Application No. 718300 and issue a Notice of Decision to Grant a Permit for works comprising of earthworks associated with three existing dams in accordance with the endorsed plans and subject to the following conditions:

Plans Required

1.       Before the development hereby permitted starts, amended plans to the satisfaction of the Responsible Authority be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and will then form part of the permit. The plan must be drawn to scale with dimensions and three copies must be provided. The plan must be generally in accordance with the plans received by Council dated 18/03/2019, prepared by Peter Richards Surveying, but modified to show: 

(a)       Reduced width of dam walls to no greater than 10 metres;

(b)       Confine the area of works to the width of the existing dam walls;

(c)       A 3:1 downstream slope; 

(d)       Overflow position and width for each dam and demonstrate that they are sufficient to cope with flood events;

(e)       position and width and demonstrate that it is sufficient to cope with flood events to prevent water spilling over the dam; and,

(f)        Cross section of dam walls;

(g)       The dam walls being repaired no higher than the current height with no increase in dam capacity.

2.       Prior to the endorsement of plans, a detailed report and associated plans, prepared by a suitably qualified civil engineer, to the satisfaction of the Responsible Authority, which clearly demonstrates how the fill is to be placed on the land, and stormwater issues managed must be submitted to and approved by the Responsible Authority. The report must include a formal engineering plan that specifically details the manner in which how the fill will be compacted, and/or spread across the property, and the drainage lines, if any.

3.       Prior to the endorsement of plans, a Land Management Plan (LMP) prepared by a qualified environmental consultant must be submitted to and approved by the Responsible Authority. The LMP must specify actions to be carried out to ensure that the rehabilitation of the site, where required, is achieved. When approved, the LMP will be endorsed and will then form part of this permit.  

4.       Within 60 days of the endorsement of the LMP or alternate date as approved by the Responsible Authority, the applicant must enter into an agreement under Section 173 of the Planning and Environment Act 1987 with the Responsible Authority to provide for the following:

a)   The implementation and operation of the Land Management Plan endorsed as part of this planning permit.

No Alterations

5.       The use and development allowed by this permit and shown on the plans and/or schedules endorsed to accompany this permit shall not be amended for any reason without the consent of the Responsible Authority.

6.       Once the works have started they must be continued and completed to the satisfaction of the Responsible Authority.  

7.       Fill brought to the site may only be used for the purpose of repairing dam walls associated with this permit and in accordance with the endorsed plans, and not for any other purpose

Environmental / Site Management Plan

8.       Before works start, a detailed Environmental / Site Management Plan must be submitted to and approved by the Responsible Authority, showing:

(a)          The location, limit extent and depth of filling (including a cross sectional view);

(b)          Emergency contacts;

(c)          Traffic management measures and access to the site;

(d)          Silt and water quality management;

(e)          Temporary drainage measures;

(f)           Details on any means of stabilisation such as batters, retaining wall and planting; and,

(g)          Erosions and silt protection measures which are to be implemented throughout the filling process to be annotated on plan.

Quality of Fill

9.       Prior to the receipt of any fill to the land, the permit holder must provide a report to the responsible authority, verified by an environmental auditor, certifying that all fill that has been deposited on the land has been classed as clean fill in accordance with EPA’s Soil Sampling Guidelines and hazard classification guidance (IWRG621).  Any departure from the minimum sampling rates specified in the Soil Sampling Guidelines must be approved through the provision of a risk assessment endorsed by an independent environmental auditor or a suitably qualified and independent environmental consultant approved by the Environment Protection Authority.

10.     Only clean fill material is permitted to be imported to the site.  Clean fill material is defined within classification of Wastes EPA Publication 448.  This material must not contain any solid inert wastes (such as demolition material, concrete, bricks, timber, plastics, etc.).

11.     No contaminated fill material is permitted to be used or kept on the site.

12.     Records must be kept and maintained on the source of all material and a material tracking system is to be maintained.  Records must be made available to the Responsible Authority upon request, and Records must include:

(a)       Dates material was deposited;

(b)       Volume of fill;

(c)       Origin location where material originated;

(d)       Type and classification description of material (including reference to any testing results that may have been undertaken);

(e)       Site location reference to area being filled; and,

(f)        Other relevant comments.

General Amenity – Construction Works

13.     No native vegetation shall be destroyed, felled, lopped, ring barked or uprooted.

14.     All batters resulting from excavation or filling shall be properly stabilised and vegetated to prevent erosion.

15.     The dam walls must have a stable foundation, be constructed of compacted clay and made watertight with the top and downstream face top soiled and grassed to the satisfaction of the Responsible Authority and in accordance with the requirements of Melbourne Water.

16.     All roads, storage areas and stockpiles must be maintained to avoid dust nuisance to any neighbouring land to the satisfaction of the Responsible Authority.   

17.     The development and use hereby permitted must be managed so that the amenity of the area is not detrimentally affected through the:  

(a)     Transport of materials, good or commodities to or from the land;

(b)     Appearance of any building, works or materials;

(c)     Emissions of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil; or

(d)     Presence of vermin.

18.     The site must at all times be kept in a neat and tidy condition to the satisfaction of the Responsible Authority.  Any litter must be immediately removed from the site and surrounding area at the direction of the Responsible Authority.

19.     Upon completion of the works authorised by this permit the permit holder must notify the Responsible Authority of the satisfactory completion of the development and compliance with all relevant conditions.

Traffic Management

20.     Before the commencement of any further works, an amended traffic management plan must be prepared in consultation with Whittlesea City Council in its capacity as road authority under the Road Management Act 2004 for local (public) roads used to transport material to/from and within the vicinity of the land.  The Traffic Management Plan must be to the satisfaction of Whittlesea City Council.  When approved, the Traffic Management Plan will be endorsed by the Responsible Authority and form part of the permit.

The Traffic Management Plan, without limiting the generality of the plan, must include:

(a)       The proposed route for construction vehicle access to and from the site.

(b)       How truck movements to and from the site, including turning movements can be safely accommodated.

(c)       An existing conditions survey of public roads and associated infrastructure, including details of the suitability of the design, condition and construction standard of the relevant public roads, bridges and non-road infrastructure at risk from damage, deterioration or dilapidation arising from the transport of fill to and from the site.  This survey is to include but not limited to Dalls Road.

(d)       The designation of all vehicle access points to the site from surrounding roads.  Vehicle access points from Dalls Road must be designed and located to ensure safe sight distances, turning movements, and maintain safety to local residents and other road users.

(e)       A truck wheel washing facility or similar device to be installed and used to the satisfaction of the Responsible Authority so that vehicles leaving the site do not deposit mud or other materials on roadways.  Any mud or other materials deposited on roadways as a result of the works on the site to be cleaned to the satisfaction of the Responsible Authority within two hours of it being deposited.

(f)        Measures to reduce the impact of noise, dust (including appropriate dust suppression and/or details of water trucks) and other emissions from heavy vehicles.

(g)       The designation of proposed hours and speed limits for trucks on routes accessing the site.

(h)       A statement that the permit holder is responsible for any damage caused to construction vehicle or other vehicles, in the event that the safe and usable quality of any public road is degraded or compromised as a result of the development, and that the permit holder indemnifies Whittlesea City Council from any liability for any such damage.

(i)        A program to rehabilitate existing road and associated infrastructure, including the infrastructure identified in paragraph (c) above, to a safe and usable condition to a standard no less than what is required to support the proposed use during and at the completion of the fill period.

(j)        Vehicular access to the site by way of a vehicle crossing constructed in accordance with Council’s Vehicle Crossing Specifications to suit the proposed driveway(s) and the vehicles that will be using the crossing(s). 

21.     By no later than three (3) months after the date of completion of permitted filling, a further conditions survey of public roads, associated infrastructure and access points must be prepared and submitted to the Responsible Authority.  The report must to the satisfaction of the Responsible Authority and include details of any dilapidation or damage to the roads and non-road infrastructure and a program of rehabilitation provided in accordance with the requirements of the approved Traffic Management Plan.

22.     All works, reporting and the provision of traffic management measures are to be at no cost to Whittlesea City Council, including but not limited to all additional route survey work, and all additional traffic management resources and equipment such as variable message signs.  

Expiry Conditions

23.     In accordance with the Planning and Environment Act 1987 a permit for the development expires if:

(a)     the approved works do not start within 2 years of the date of this permit; or,

(b)     the approved works are not completed within 4 years of the date of this permit.

The responsible authority may extend the periods referred to above if a request is made in writing.  This request must be made before or within 6 months after the permit expiry date where the development has not yet started and within 12 months after the permit expiry date where the development allowed by the permit has lawfully started before the permit expires.

CARRIED

 


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UNCONFIRMED MINUTESOrdinary Council Minutes                                                                       Tuesday 7 May 2019

 

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UNCONFIRMED MINUTESOrdinary Council Minutes                                                                       Tuesday 7 May 2019

 

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UNCONFIRMED MINUTESOrdinary Council Minutes                                                                       Tuesday 7 May 2019

 

6.1.4      Epping Community Services Hub -Sub Tenancies  

Responsible Officer:           Acting Director Partnerships, Planning & Engagement

Author:                                  Social Policy and Projects Officer   

 

RECOMMENDATION SUMMARY

Council resolve to approve Jesuit Social Services and Vision Australia as sub-tenants of the Epping Community Services Hub (713 High St, Epping).

KEY FACTS AND / OR ISSUES

·    Council’s establishment of the Epping Community Services Hub (ECSH) facilitates the expansion of much needed human service provision to the municipality. It responds to the needs of the community, providing innovative service and infrastructure delivery focused on integration and a partnership approach.

·    Council’s resolution on 24 February 2015 requires formal endorsement of all sub-tenancies of ECSH: “..Brotherhood of St Laurence will take on the lease for the facility for a five year period and with the consent of Council, will sub lease to appropriate services providers” (Council Report 24/02/15, p1).

·    Jesuit Social Services and Vision Australia have applied to be sub-tenants of the ESCH. The agencies are committed to the vision of the ECSH as an integrated service model and deemed to deliver important services to contribute to community wellbeing.

 

 

Report

Introduction

The Epping Community Services Hub (ESCH) is a Council facility being leased to the Brotherhood of St Laurence (BSL) as the lead agency which then sub-leases to appropriate community service providers. The total capacity of the Hub is 110 desks. Currently there are 96.6 desks being leased.

Council has received applications from Jesuit Social Services and Vision Australia to locate their services at the ESCH and they each require one desk. Importantly, these agencies will provide a Suicide Support Service and Allied Health and Specialist Support Services for people with vision impairment.

Background

The ECSH was established in May 2016 to respond to gaps in service provision and infrastructure in innovative ways to better address needs in the community. The Epping Central Structure Plan (2011), the South Morang Civic Precinct Community Infrastructure Analysis (2013) and the Human Services Needs Analysis (2013) identified substantial demand for additional infrastructure and community services in the municipality, particularly those targeting the needs of young people, families, new migrants, CALD communities, seniors and people with disabilities. The ECSH provides an opportunity to meet the current needs of the community and respond to the evidence of significant population growth.

Through an Expression of Interest process undertaken in September 2014, Council sought interest from agencies to, firstly take on the role of lead agency and lead tenant, to manage the facility and to facilitate a collaborative environment, and secondly, to partner with other agencies that would like to be accommodated within the building as sub tenants. On 24 February 2015, Council resolved to endorse BSL as the lead agency and lead tenant and lease the site to BSL for a five year period. Council also confirmed that any sub-tenancies needed to be formally endorsed by Council.

Proposal

Jesuit Social Services and Vision Australia have requested approval from Council to locate their services at the Hub and occupy one desk each, taking the total desks leased to 98.6 out of a capacity of 110.

Jesuit Social Services – Support After Suicide. This service will provide support to individuals who have been bereaved by suicide.

Vision AustraliaAllied Health and Specialist Support Services. This service will provide specialised support services for people with vision impairment.

Discussions have been held between Council officers and the lead tenant, BSL, to ensure the services are required by the local community and the agencies support the integrated service provision model stipulated by Council. BSL and Council officers are satisfied that both requirements are met by the agencies. In accordance with Council’s resolution on 24 February 2015 this report recommends that Council formally approve Jesuit Social Services and Vision Australia as sub-tenants of the Epping Community Services Hub (713 High St, Epping).

Consultation

Consultations have been undertaken with the BSL as well as other agencies located at the ECSH.

Critical Dates

Jesuit Social Services and Vision Australia plan to commence operations at the ECSH as soon as possible pending Council approval.

Financial Implications

The current model at the ECSH, endorsed by Council on 24 February 2015, involves a lead agency (BSL) leasing the building from Council and then developing sub-leases with individual agencies (subject to Council approval). There are no financial implications for Council from this report.

Policy strategy and legislation

The ESCH is intended to respond to gaps in service provision and infrastructure and is consistent with Council priorities and plans. The Epping Central Structure Plan (2011), the South Morang Civic Precinct Community Infrastructure Analysis (2013), the Human Services Needs Analysis (2014 and 2017) and the Council Plan identify substantial demand for additional infrastructure and community services in the municipality, particularly those targeting the needs of young people, families, new migrants, CALD communities, seniors and people with disabilities. The ESCH provides an opportunity to meet the current needs of the community and respond to the evidence of significant population growth.

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Connected community

Whittlesea 2040 Key Direction     A healthy and safe community

Strategic Objective                        Health and human services are accessible and responsive to the needs and aspirations of all people

Council Priority                             Health and Wellbeing

 

Declarations of Conflicts of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.

The Responsible Officer reviewing this report, having made enquiries with the relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

Conclusion

Jesuit Social Services and Vision Australia will provide services needed for City of Whittlesea residents. The agencies are committed to the vision for the ECSH as an integrated service model and deemed to be an important service to contribute to community wellbeing. This report, therefore, recommends that Council formally approve Jesuit Social Services and Vision Australia as sub-tenants of the ECSH.

RECOMMENDATION

THAT Council resolve to approve Jesuit Social Services and Vision Australia as sub-tenants of the Epping Community Services Hub (713 Hight Street, Epping)

 

 

Council Resolution

Moved:                       Cr Joseph

Seconded:               Cr Sterjova

 

The above Recommendation was adopted unchanged as part of an en bloc Resolution Moved by Cr Joseph, Seconded by Cr Sterjova.   See Section 6 - Officers' Reports for further information on items adopted en bloc.

Carried

 


UNCONFIRMED MINUTESOrdinary Council Minutes                                                                       Tuesday 7 May 2019

 

6.1.5      Lalor Marketing and Business Development Special Rate

Attachments:                        1        Minutes of Committee Meeting 1 April 2019 and summary of submissions and recommendations

2        Copy of submissions   

Responsible Officer:           Director Partnerships, Planning & Engagement

Author:                                  Business Services Officer   

 

RECOMMENDATION SUMMAry

The Advisory Committee recommends that Council adopt the Special Rate for the Lalor Shopping Centre and raise $90,000 (plus GST) per annum, indexed by CPI in every subsequent year for the period of 1 July 2019 to 30 June 2026.

KEY FACTS AND / OR ISSUES

·        Public submissions on the proposed renewal of the Special Rate were invited in accordance with Sections 163A and 223 of the Local Government Act 1989.

·        Six submissions were received at the close of the public submission period.  Four submissions supported the Special Rate renewal.  One submission objected to the renewal of the Special Rate. One submission objected to the rating mechanism but not the renewal of the Special Rate.

·        An Advisory Committee of Council met and considered the public submissions on the proposed renewal of the Special Rate on 1 April 2019 and recommends the adoption of the Special Rate renewal.

 

Report

Introduction

The purpose of the proposed Special Rate scheme is to improve the viability and drive economic development within the Lalor Shopping Centre (the Centre) through marketing and promotional initiatives. 

Background

At its meeting held on 12 February 2019, Council resolved to give public notice of its intention to declare the Special Rate in accordance with section 163 (1A) of the Local Government Act 1989 and to invite submissions on the proposal. 

Proposal

At the close of the submission period, a total of six written submissions were received.  Four submissions supported renewal of the Special Rate.  One submission objected to the renewal of the Special Rate and one submission objected to the rating mechanism only and not the renewal of the Special Rate.

The Advisory Committee met on 1 April 2019 to consider and discuss submissions.  One submitter requested to attend the meeting to speak in support of their submission.

The Committee considered each submission and a summary of the submissions and the Committee’s recommendations are included in Attachment 1.

The Committee recommends the renewal of the Special Rate as proposed, as it will improve the viability of the Centre as a whole through a range of marketing and business development initiatives.

Consultation

Following Council’s decision on 12 February 2019 to advertise its intention to declare a Special Rate, public notice was given inviting public submissions on the proposal.

In addition, property owners and business tenants within the Centre were provided with details of the proposal and invited to make a written submission to Council within 28 days of the publication of the notice.

Critical Dates

If Council resolve to proceed with the adoption of the Special Rate, notice of the levying of the rate will be sent to persons liable to pay the rate.

Affected persons will be advised that they may apply to the Victorian Civil and Administrative Tribunal (VCAT) for review of Council’s decision within 30 days of the date on the notice levying the Special Rate. 

If there are no successful appeals, the 2019 - 2026 Special Rate will be levied and issued and a formal agreement will be entered into with the Lalor Traders Association Incorporated.

Alternatively, if Council resolves not to adopt the Special Rate, no further action is required. In this instance, property and business owners within the Centre will be notified of Council’s decision and the current Special Rate would conclude on 30 June 2019.

Financial Implications

The Special Rate Scheme will be administered within existing Council budgets.

Policy strategy and legislation

Economic Development Strategy, Growing our economy together

The proposed Special Rate renewal is supported by Key Direction 2 – Foster an environment that encourages the development of a vibrant local economy. The renewal will allow the continuation of marketing and promotional activities to contribute to the vibrancy of the Centre.

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Strong local economy

Whittlesea 2040 Key Direction     Increased local employment

Strategic Objective                        We have access to local employment opportunities

Council Priority                             Jobs and Investment

Declarations of Conflicts of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.

The Responsible Officer reviewing this report, having made enquiries with relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

Conclusion

It is recommended that Council resolve to adopt the renewal of the Special Rate for Lalor Shopping Centre as proposed for a period of seven years commencing 1 July 2019, concluding 30 June 2026.

 

RECOMMENDATION

THAT Council resolve to:

1.   Note that public submissions on the proposed renewal of the Special Rate were invited in accordance with Sections 163A and 223 of the Local Government Act 1989 and that six submissions were received at the close of the public submission period.

2.   Accept the recommendations of the Committee of Councillors outlined in  Attachment 1, having considered public submissions on the proposed renewal of the Special Rate.

3.   Adopt the Special Rate for the Lalor Shopping Centre and raise $90,000 (plus GST) per annum and indexed by CPI in every subsequent year for the period of 1 July 2019 until 30 June 2026 advising that:

a)   The Special Rate is declared for the purpose of defraying advertising, promotion, management, business development, security and other incidental expenses associated with the encouragement and economic development in the Lalor Shopping Centre.

b)   The following land be specified for which the proposed Special Rate should be declared:

·    284 – 368 Station Street, Lalor

·    1 – 87 May Road, Lalor

·    1 – 7 Peter Lalor Walk, Lalor

c)   The proposed Special Rate will be assessed and levied on the basis that the rate in the dollar of 0.00099926 be applied to the Capital Improved Value of the property within the geographical area referred to above.

d)   The properties included in the scheme and the Special Rates amounts proposed will be subject to general revaluations and supplementary valuations on the same cycles and in the same manner as the City of Whittlesea general municipal rates and charges.

4.   Advise that a person may apply to the Victorian Civil and Administrative Tribunal (VCAT) for review of Council’s decision within 30 days of the date on the notice levying the Special Rate. If there are no successful appeals the Special Rate levy will be issued.

5.   Note that there will be a special benefit to persons required to pay the proposed Special Rate and the viability of the Lalor Shopping Centre as a commercial area will be enhanced through increased economic activity.  The value of the properties included in the scheme, their desirability as letting propositions and their general image and stature will be maintained or enhanced.

6.   Enter into a formal agreement with the Lalor Traders Association prior to the Special Rate or any part being paid to the Association which amongst other matters, acknowledges and confirms that the role of the Association in expending the monies raised by the Special Rate on behalf of Council is of an administrative nature only and at all times under the direction of Council.

MOTIOn

Moved:                       Cr Lalios

Seconded:               Cr Kelly

 

THAT Council resolve to:

 

1.         Give public notice under Section 163 (1A) of the Local Government Act 1989 of its intentions to declare a Special Rate for the Lalor Shopping Centre and raise $90,000 per annum for the period commencing 1 July 2019 plus CPI index for every subsequent year until 30 June 2026 or earlier, if there is a change to the methodology of rating valuations from NAV to CIV.

a)         The following land be specified for which the proposed Special Rate should be declared:

·         284 – 368 Station Street, Lalor

·         1-87 May Road, Lalor

·         1-7 Peter Lalor Walk, Lalor

b)         The proposed Special Rate will be assessed and levied on the basis of Net Annual Value of the properties within the geographical area referred to above.  This criterion will be referred to in the public notice.

c)         The properties included in the scheme and the Special rates amounts proposed will be subject to general revaluations and supplementary valuations on the same cycles and in the same manner as the City of Whittlesea municipal rates and charges.

d)        There will be a special benefit to persons required to pay the proposed Special Rate and the viability of the Lalor Shopping Centre as a commercial area will  be enhanced through increased economic activity.  The value of the properties included in the scheme, their desirability as letting propositions and their general image and stature will be maintained or enhanced.

e)         In the event that Council proceeds with the proposed Special Rate:

                   i) It will be levied by sending notices to the persons liable to pay the               proposed Special Rate.

                   ii) Council requires interest to be paid in accordance with Section 172 of the           Local Government Act 1989 on any amounts of Special Rate not paid by the          specific date or dates.

 

f)          Which persons have the right to object to the proposed declaration, how those persons may object and that objections in writing must be lodged within 28  days of the public notice.

2.         Send a copy of the public notice of the proposed declaration under Section 163 (1C) of the Local Government Act to all owners and occupiers of properties who will be liable to pay the proposed Special Rate.

            A person affected by the proposed Special Rate may make a written submission in accordance with Section 223 of the Act.  Submissions will be directed to the Chief Executive Officer and a meeting will be held for an Advisory Committee of the South West Ward Councillors to:

a)    Consider objections and other submissions made in accordance with Section 163 (A) and 163 (B) of the Act: and

b)  Hear persons who wish to be heard in support of all submissions.

3.         Establish an Advisory Committee of the South West Ward Councillors to consider any written submission received on the proposal and make recommendations to Council on any such submissions. 

4.         Should the Special Rate be renewed, enter into a formal agreement with the Lalor Traders Association prior to the Special Rate or any part being paid to the Association which, amongst other matters, acknowledges and confirms  that the role of the Association is in expending the monies raised by the Special Rate on behalf of Council is of an administrative nature only and at all times under the direction of and for Council.

LOST

Division

Immediately after the motion was voted on, Cr Monteleone called for a division which resulted in the following votes being recorded.

 

For

Cr Kirkham

Cr Lalios

Cr Monteleone

Cr Desiato

Cr Kelly

 

Against

Cr Kozmevski

Cr Cox

Cr Sterjova

Cr Joseph

Abstained

Cr Pavlidis

Cr Alessi

Based on the votes cast during the Division, the motion was lost.

lost


 

Council ResolutiON

Moved:                       Cr Kozmevski

Seconded:               Cr Joseph

 

THAT Council resolve to:

1.   Note that public submissions on the proposed renewal of the Special Rate were invited in accordance with Sections 163A and 223 of the Local Government Act 1989 and that six submissions were received at the close of the public submission period.

2.   Accept the recommendations of the Committee of Councillors outlined in  Attachment 1, having considered public submissions on the proposed renewal of the Special Rate.

3.   Adopt the Special Rate for the Lalor Shopping Centre and raise $90,000 (plus GST) per annum and indexed by CPI in every subsequent year for the period of 1 July 2019 until 30 June 2026 advising that:

a)   The Special Rate is declared for the purpose of defraying advertising, promotion, management, business development, security and other incidental expenses associated with the encouragement and economic development in the Lalor Shopping Centre.

b)   The following land be specified for which the proposed Special Rate should be declared:

·    284 – 368 Station Street, Lalor

·    1 – 87 May Road, Lalor

·    1 – 7 Peter Lalor Walk, Lalor

c)   The proposed Special Rate will be assessed and levied on the basis that the rate in the dollar of 0.00099926 (subject to final Valuer General Victoria Valuations) be applied to the Capital Improved Value of the property within the geographical area referred to above.

d)   The properties included in the scheme and the Special Rates amounts proposed will be subject to general revaluations and supplementary valuations on the same cycles and in the same manner as the City of Whittlesea general municipal rates and charges.

4.   Advise that a person may apply to the Victorian Civil and Administrative Tribunal (VCAT) for review of Council’s decision within 30 days of the date on the notice levying the Special Rate. If there are no successful appeals the Special Rate levy will be issued.

5.   Note that there will be a special benefit to persons required to pay the proposed Special Rate and the viability of the Lalor Shopping Centre as a commercial area will be enhanced through increased economic activity.  The value of the properties included in the scheme, their desirability as letting propositions and their general image and stature will be maintained or enhanced.

6.  Enter into a formal agreement with the Lalor Traders Association prior to the Special Rate or any part being paid to the Association which amongst other matters, acknowledges and confirms that the role of the Association in expending the monies raised by the Special Rate on behalf of Council is of an administrative nature only and at all times under the direction of Council.

CARRIED

 

 




 

 





 


 


 


 


UNCONFIRMED MINUTESOrdinary Council Minutes                                                                       Tuesday 7 May 2019

 


 


 


 


 


 

 


UNCONFIRMED MINUTESOrdinary Council Minutes                                                                       Tuesday 7 May 2019

 

6.1.6      Animal Registration and Refund Policy

Attachments:                        1        Animal Registration and Refund Policy   

Responsible Officer:           Director Partnerships, Planning & Engagement

Author:                                  Manager City Safety and Amenity   

 

RECOMMENDATION SUMMARY

That Council resolve to adopt the Animal Registration and Refund Policy.

KEY FACTS AND / OR ISSUES

Consideration of this report was deferred from the Council meeting held on 2 April 2019 to allow the officers to provide clarification regarding a number of items relating to animal registrations. Councillor received a memorandum on 5 April 2019 which responded to Council’s enquiries.

The Domestic Animals Act 1994 requires all pet cats and dogs over the age of 3 months to be registered.

Council must by resolution:

·    Fix fees to be raised for registration or renewal of registration on an annual basis;

·    Fix fees to be paid if Council permits a pro rata fee to be paid during the registration year; and

·    Include circumstances in which a fee or part fee may be refunded.

Current practices regarding refunds and pro-rata registration fees require formalisation. A draft policy is attached to this report.

The policy proposes to:

·    Extend the refund period for animal registrations from 10 May to 30 June each year. Refunds are often requested from customers where their pet dies following the registration fee being paid.

·    Introduce a nominal registration fee for cats and dogs under 12 months of age. Pets are legally required to be registered by 3 months of age, however many animals cannot be de-sexed until they reach 6 months of age, which results in a much higher registration fee being applied. A nominal fee in the first year is a financial saving incentive for pet owners to register and desex their pet.

·    Formalising 50% pro rata fees for animals registered from 10 October onwards.

·    Introducing a nominal foster carer registration fee in response to legislative changes that come into effect from 1 July 2019.

 

Report

Background

The Domestic Animals Act 1994 requires all pet cats and dogs over the age of 3 months to be registered.

In 2018, legislation changed requiring Councils to provide a nominal registration fee to recognised foster carers who are required to register cats or dogs in their care to meet legislative requirements.

The Domestic Animals Act specifies that a reduced fee must be applied for animals that are de-sexed to act as an incentive. Fees are set on an annual basis as part of Council’s annual budget process.

A draft policy has been prepared by Council officers to ensure that Council’s process for animal registration refunds is transparent and all refund requests are processed equitably.

Proposal

To introduce a policy that:

·    Encourages timely and increased dog and cat registrations.

·    Ensures a fair and consistent approach to requests for animal registration refunds.

·    Encourages owners to de-sex their pets to reduce unwanted breeding and euthanasia to control animal populations.

DISCUSSION

Customer feedback regarding Council’s current refund practices, whilst not large, was the catalyst for this review and development of a policy. The key request from customers was a longer period of time in which refunds should be honoured.

Benchmarking was undertaken with several other councils to ascertain if there was a best practice approach to this issue. The benchmarking found that there are varied methods adopted for managing animal registration refunds across Victoria from no refunds offered,  case by case to a more formal approach such as adopted by Greater Dandenong and Geelong City Councils. The proposed policy draws on the approach taken by the aforementioned Councils to provide greater clarity and consistency.

Under the Victorian Domestic Animals Act 1994 fee exempt registration only applies to:

·    guide dogs for visually or hearing impaired persons or

·    a dog working with a person who is carrying out duties for a Department or Agency of the State or Commonwealth (e.g. border security dogs) or

·    Greyhounds registered with Greyhound Racing Victoria

To be eligible for a pensioner concession (reduced fee) owners must be the holder of any of the cards below:

·    Department of Veterans Affairs Repatriation Health

·    Card specifying War Widow or TPI

·    Department of Veterans Affairs’ Pensioner Concession card

·    Centrelink Pension Concession Card

NOTE: Centrelink Health Care Cards are not accepted.

Currently under the Victorian Domestic Animals Act there is no provision for the recognition of assistance animals to obtain a fee exempt status. If the animal is de-sexed and the owner has one of the aforementioned concession cards they will be entitled to the maximum reduced fee. For the 2019/2020 registration period this would be $23.50. Only the Government can by order, exempt any animal or class of animal from the operation of all or any of the provisions of the Act.

Critical Dates

Adopting the policy at this time will enable it to be enacted for the 2019/2020 animal registration period which has commenced.

Financial Implications

Council anticipates approximately $1M for dog and cat registration fees in 2018/19. Requests for refunds in the last registration period had a total value less than $1,000.

It is anticipated that the value of refunds will increase if the policy is adopted, however the financial impact is not expected to exceed 1% of total revenue.

Policy strategy and legislation

The policy relates to the Domestic Animals Act 1994 which makes councils responsible for collecting and setting the amount of animal registration fees.

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Enabling the vision

Whittlesea 2040 Key Direction     Making it happen

Strategic Objective                        Our Council services are transparent, equitable and accessible

Council Priority                             Organisational Sustainability

Declarations of Conflicts of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.

The Responsible Officer reviewing this report, having made enquiries with the relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

Conclusion

The policy would result in a fair and consistent approach to how refunds are managed and will incentivise animal registration by offering a discounted rate in the first year of registration.

RECOMMENDATION

THAT Council resolve to adopt the Animal Registration and Refund Policy.

 

Chief Executive Officer Explanatory Note
At the 2 April 2019 Council Meeting, a motion was moved to adjourn consideration of the item to this meeting, which was carried. This was to allow for additional information to be provided to Councillors, which was circulated to Councillors on 5 April 2019.


Cr Desiato left the Council Chamber at 7.56pm prior to the vote on this item.



Cr Lalios left the Council Chamber at 7.58pm prior to the vote on this item.


COUNCIL RESOLUtion

Moved:                       Cr Joseph

Seconded:               Cr Pavlidis

 

THAT Council resolve to adopt the Animal Registration and Refund Policy with the following point added under the heading "Policy":

 

·        Where the pet owner requesting a refund on the basis that the pet has died, been surrendered or relocated out of the State of Victoria is an eligible pension card holder, a full refund will be offered until 10 October of the current registration year.  Thereafter, a pro rata refund will be offered throughout the remainder of the registration year.

CARRIED

 


Cr Lalios returned to the Council Chamber at 8.01pm following the vote on this item but prior to the vote on the Division.


Division

Immediately after the motion was voted on, Cr Kirkham called for a division which resulted in the following votes being recorded.

 

For

Cr Pavlidis

Cr Kozmevski

Cr Kirkham

Cr Alessi

Cr Cox

Cr Sterjova

Cr Joseph

Against

Nil

Abstained

Cr Kelly

Cr Lalios

Cr Monteleone

Based on the votes cast during the Division, the motion was carried.

carried


UNCONFIRMED MINUTESOrdinary Council Minutes                                                                       Tuesday 7 May 2019

 

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UNCONFIRMED MINUTESOrdinary Council Minutes                                                                       Tuesday 7 May 2019

 

6.1.7      Assemblies of Councillors Report - 7 May 2019  

Responsible Officer:           Acting Director Partnerships, Planning & Engagement

Author:                                  Governance Officer   

 

 Recommendation summary

That Council note the record of the Assemblies of Councillors meetings as set out in the table in the report.

key facts and/or issues

To report to Council the records of Assemblies of Councillors in accordance with Section 80A(2) of the Local Government Act.


 

Report

Background

The Local Government Act 1989 requires records of Assemblies of Councillors to be reported to an ordinary Council meeting and recorded in the minutes of that meeting.

A meeting is an assembly of Councillors if it considers matters that are likely to be the subject of a Council decision or the exercise of a Council delegation and the meeting is:

·    A planned or scheduled meeting that includes at least half the Councillors and a member of Council staff; or

·    An advisory committee of Council where one or more Councillors are present.

A record must be kept of an assembly of Councillors which lists the Councillors and members of Council staff attending, the matters discussed, disclosures of conflict of interest and whether a Councillor left the meeting after making a disclosure.

Proposal

Assemblies of Councillors records not previously reported to Council are detailed in the following table:-

Assembly Details

Councillor attendees

Officer attendees

Matters discussed

City of Whittlesea Australia Day Committee

11 February 2019

Cr Cox

(Mayor)

Cr Joseph

(Deputy Mayor)

EC

GO’s

 

1.     Debrief Discussion on 2019 Event and Awards

a)    Feedback from 26 January 2019 Awards Ceremony

b)    Terms of Reference Review

c)     Award Categories

d)    Recognition of Ceasing Committee Members

 

Nil disclosures

Councillor Briefing

2 March 2019

Cr Cox

(Mayor)

Cr Joseph

(Deputy Mayor)

Cr Alessi

Cr Desiato

Cr Kozmevski Cr Monteleone

Cr Pavlidis

Cr Sterjova

CEO

DCS

DCRS

DCTP

DPPE

MFA

FA

TLFA

BSTL

 

2019-20 Proposed Budget

Nil disclosures

Councillor Briefing

12 March 2019

Cr Cox

(Mayor)

Cr Joseph

(Deputy Mayor)

Cr Alessi

Cr Desiato

Cr Kozmevski

Cr Pavlidis

Cr Sterjova

CEO

DCS

DCRS

DCTP

DPPE

MCP

 

Extraordinary Recycling Processing Issues

Nil disclosures

Councillor Briefing

19 March 2019

Cr Cox

(Mayor)

Cr Joseph

(Deputy Mayor)

Cr Alessi

Cr Pavlidis

Cr Sterjova

CEO

DCS

DCRS

DCTP

DPPE

 

1.     Road Safety Improvements – Mason Road, Mernda

2.     Animal Registration and Refund Policy

Nil disclosures

Lalor Shopping Centre Special Rate

1 April 2019

Cr Cox (Mayor)

ATLG

BSO

DPPE

MPRV

TLED

GO

Lalor Shopping Centre Special Rate Public Submissions

Nil disclosures

Chief Executive Officer Employment Matters Advisory Committee Meeting

9 April 2019

Cr Cox

(Mayor)

Cr Alessi

 

CEO

MG

1.      Confirmation of the Minutes of CEMAC 29 January 2019

2.     Quarter 2 Report on 2018-2019 CEO KPIS

3.     Confidential Item: Draft CEO KPIS 2019-2020

4.     Report – Managing the Employment Cycle of a Council CEO

5.     Confidential - Other Business

Nil disclosures

The table below represents an Index of Officer titles:

Initials

Title of Officer

Initials

Title of Officer

ATLG

Acting Team Leader Governance – Amanda Marijanovic

FA

Finance Analyst – Upul Sathurusinghe

BSO

Business Services Officer – Jennifer Pearson

GO’s

Governance Officers – Amanda Marijanovic,

Felicity Maddern and Diana Vukic

BSTL

Business Support Team Leader – Rod Cann

MCP

Manager City Presentation – Peter Ali

CEO

Chief Executive Officer – Simon Overland

MFA

Manager Finance & Assets – Amy Montalti

DCS

Director Community Services – Russell Hopkins

MG

Manager Governance – Michael Tonta

DCRS

Director Corporate Services – Helen Sui

MPRV

Manager Property, Rates & Valuations – Gino Mitrione

DCTP

Director City Transport and Presentation – Nick Mann

TLED

Team Leader Economic Development – Sarah Rowe

DPPE

Director Partnerships, Planning and Engagement – Liana Thompson

TLFA

Team Leader Financial Accounting – Nicole Montague

EC

Events Co-ordinator – Julie McBride

 

 

Consultation

Consultation has taken place with internal Council Officer representatives of each of the meetings and committees that qualify as an Assembly of Councillors.

Financial Implications

There are no financial implications as a result of this report.

Policy Strategy and Legislation

Section 3C(2)(g) of the Local Government Act 1989 provides that one of Council’s facilitating objectives is to have regard to ensuring transparency and accountability in Council decision making.

Accordingly, section 80A of the Local Government Act 1989 requires that the Chief Executive Officer must ensure that the written record of an assembly of Councillors is, as soon as practicable:-

(a)     reported at an ordinary meeting of the Council; and

(b)     incorporated in the minutes of that Council meeting.


Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Enabling the vision

Whittlesea 2040 Key Direction     Making it happen

Strategic Objective                        Our Council monitors and evaluates all of its operations

Council Priority                             Organisational Sustainability

The provision of this report is in line with Whittlesea 2040 and the Council Plan by ensuring Council monitors and evaluates all of its operations.

Declarations of Conflicts of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.

The Responsible Officer reviewing this report, having made enquiries with relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

CONCLUSION

That Council note the record of the Assemblies of Councillors meetings in the table set out in the report.

 

Recommendation

THAT Council note the record of the Assemblies of Councillors meetings in the table set out in the report.

 

Council Resolution

Moved:                       Cr Joseph

Seconded:               Cr Sterjova

 

The above Recommendation was adopted unchanged as part of an en bloc Resolution Moved by Cr Joseph, Seconded by Cr Sterjova.   See Section 6 - Officers' Reports for further information on items adopted en bloc.

Carried

  

 


UNCONFIRMED MINUTESOrdinary Council Minutes                                                                       Tuesday 7 May 2019

 

6.2       Community Services

6.2.1      Growling Frog Golf Course Lease Award 

Responsible Officer:           Acting Director Community Services

Author:                                  Manager Leisure & Community Facilities   

 

RECOMMENDATION SUMMARY

1.   That Council resolve to note that officers have completed the statutory processes required under Sections 190 and 223 of the Local Government Act 1989, and that a lease may be negotiated for Council’s land located at 1910-1940 Donnybrook Road Yan Yean.

2.   That the lease to manage and maintain the Growling Frog Golf Course (GFGC);

·    is awarded to Golf Services Management (GSM).

·    for a guaranteed maximum deficit of $1,456,348 (excl. GST) over five years.

·    for a term from 1 July 2019 to 30 June 2024 with an extension option up to 30 June 2029.

KEY FACTS AND / OR ISSUES

·     At its meeting of 5 March 2019, Council resolved to invite public submissions on the proposed lease with GSM to manage and maintain the GFGC.

·     Following the public submission advertising period, no submissions were received.

 

 

Report

Background

Council, at its meeting of 5 March 2019, resolved to invite public submissions on the proposed lease with GSM to manage and maintain the GFGC (1910-1940 Donnybrook Road Yan Yean).

The proposed lease will grant GSM exclusive use and occupation of the land for a period of 5 years from 1 July 2019 to 30 June 2024, with an option, exercisable only if separately approved by the Council, for a further term of five years and ending on 30 June 2029.

Council has agreed that the rental be set at a guaranteed maximum deficit of $1,456,348 in relation to the ongoing management, maintenance and operation of the GFCG (excluding GST) for and during the initial five-year term of the Lease. Council reserves the right to review the deficit, and the profit margins upon which such deficits are calculated prior to the expiry of the initial term of the Lease.

Proposal

To seek Council’s approval on the proposed lease in consideration that no submissions were received throughout the public submission process.

public submissions

A Committee of Council, comprising of Cr Sterjova, Cr Joseph and Cr Kirkham, was appointed to consider any written submissions received in response to Council’s public notice advertised in the Whittlesea Leader on Tuesday 12 March 2019. No submissions were received at the close of the advertising period, 10 April 2019, as such there was no requirement for a Committee of Council to meet. 

Policy strategy and legislation

The proposed lease of the Growing Frog Golf Course is closely linked with Whittlesea 2040; A place for all, specifically Goal 1; Connected Community and Key Direction 1.2; A healthy and safe community.

Council has sought public submissions on the proposed lease under Section 190 and 223 of the Local Government Act 1989.  As required, submissions were invited for a period no less than 28 days, and no submissions were received.

Links to WHITTLESEA 2040 AND the CoUNCIL Plan

Whittlesea 2040 Goal                    Connected community

Whittlesea 2040 Key Direction     A healthy and safe community

Strategic Objective                        There is a focus on preventative approaches to health issues and health policy

Council Priority                             Health and Wellbeing

The continued provision of golf within the municipality supports local health and wellbeing outcomes.

Declarations of Conflicts of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.

The Responsible Officer reviewing this report, having made enquiries with the relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

CONCLUSION

It is recommended that Council enter a lease with GSM for the land located at 1940 Donnybrook Road Yan Yean, the GFGC.  The lease will grant GSM exclusive use and occupation of the land for a period of five years from 1 July 2019 to 30 June 2024, with an option for a further term of five years.

Council has agreed that the rental be set at a guaranteed maximum deficit of $1,456,348 in relation to the ongoing management, maintenance and operation of the GFGC (excluding GST) for and during the initial term of the Lease (five years). Council reserves the right to review the deficit, and the profit margins upon which such deficits are calculated prior to the expiry of the initial term of the Lease.

 

RECOMMENDATION

THAT Council resolve to:

1.         Note that public submissions on the proposed lease with Golf Service Management were invited in accordance with Section 223 of the Local Government Act 1989 and that no submissions were received at the close of the public submission period.

2.         Enter into a lease with Golf Services Management (‘GSM’) for the land located at 1940 Donnybrook Road Yan Yean ('Growling Frog Golf Course').  The lease will be drawn under the following terms and conditions –

a)   The Tenant will be offered a lease for an initial period of five years with one further term of five years (offered at Council's discretion).

b)   Council will accept the lease offer submitted by GSM for the guaranteed maximum deficit of $1,456,348 (excluding GST) for the full five-year lease term.

c)   Council will exercise a review of the guaranteed maximum deficit/profit margins prior to the expiry of the initial term.

3.         Authorise the Chief Executive Officer to negotiate all other terms and conditions.

Chief Executive Officer Explanatory Note
Cr Desiato and Lalios left the Council Chamber prior to consideration of  this item and did not return for the vote on the motion to adjourn.

 

 

 

MOtion

Moved:                       Cr Pavlidis

Seconded:               Cr Sterjova

 

THAT Council resolve to adjourn debate of this item to later in the meeting.

CARRIED

Chief Executive Officer Explanatory Note
After consideration of Item 6.2.2 was adjourned, consideration of this item resumed. 
Cr Desiato and Lalios had both returned to the Council Chamber when consideration of this item resumed.

 

 

 

 

Council resolution

Moved:                       Cr Joseph

Seconded:               Cr Sterjova

 

THAT Council resolve to:

1.         Note that public submissions on the proposed lease with Golf Service Management were invited in accordance with Section 223 of the Local Government Act 1989 and that no submissions were received at the close of the public submission period.

2.         Enter into a lease with Golf Services Management (‘GSM’) for the land located at 1940 Donnybrook Road Yan Yean ('Growling Frog Golf Course').  The lease will be drawn under the following terms and conditions –

a)   The Tenant will be offered a lease for an initial period of five years with one further term of five years (offered at Council's discretion).

b)   Council will accept the lease offer submitted by GSM for the guaranteed maximum deficit of $1,456,348 (excluding GST) for the full five-year lease term.

c)   Council will exercise a review of the guaranteed maximum deficit/profit margins prior to the expiry of the initial term.

3.         Authorise the Chief Executive Officer to negotiate all other terms and conditions.

          CARRIED

Division

Immediately after the motion was voted on, Cr Monteleone called for a division which resulted in the following votes being recorded.

 

For

Cr Pavlidis

Cr Kozmevski

Cr Alessi

Cr Cox

Cr Sterjova

Cr Joseph

Against

Cr Kirkham

Cr Kelly

Cr Lalios

Cr Monteleone

Cr Desiato

Abstained

Nil

Based on the votes cast during the Division, the motion was carried.

carried

Chief Executive Officer Explanatory Note
After consideration of this item, the meeting resumed consideration of Item 6.2.2

 

 


UNCONFIRMED MINUTESOrdinary Council Minutes                                                                       Tuesday 7 May 2019

 

6.2.2      Equal and Safe Strategy: Improving Gender Equality and Preventing Violence Against Women

Attachments:                        1        Equal and Safe Strategy   

Responsible Officer:           Director Community Services

Author:                                  Community Safety Planner   

 

RECOMMENDATION SUMMARY

THAT Council resolve to endorse the Equal and Safe Strategy for improving gender equality and preventing violence against women.

KEY FACTS AND / OR ISSUES

·    The City of Whittlesea experiences a high rate of family violence.

·    There are concerns across a number of gender equity indicators locally for example, access to employment, pay equity, participation in sport, caring responsibilities, leadership, and community attitudes.

·    Gender inequality has been identified in national and international research as the primary cause of violence against women.

·    Local government, by nature of its functions, intersects with many settings where people live, work, learn, socialise and play across the lifespan. Council has a role to play in improving gender equality and preventing violence against women through each of these settings.

·    This Strategy will shape Council’s priorities and efforts in the coming years.

 

Report

Background

Evidence from international and national research demonstrates that gender inequality is the primary driver of violence against women and family violence. Gender inequality is a social condition characterised by unequal value afforded to women and men and an unequal distribution of power, resources and opportunity between them.  Individuals (women and men) who do not believe women and men are equal, and/or see them as having specific roles or characteristics, are more likely to condone, tolerate or excuse violence against women.  Gender inequality also contributes to other forms of systemic social, political and economic disadvantage and discrimination. The following chart shows a correlation between performance against a key Victorian gender equality measure and the prevalence of family violence.  The blue line represents the Vic Health Gender Equality score; the score indicates the percentage of surveyed residents who have low support for gender equality (39% for City of Whittlesea).

Gender inequality, violence against women and family violence are significant community safety and health issues in the City of Whittlesea.  Council has a long-standing commitment to addressing these issues through the previous separate Gender Equity and Family Violence strategies.  The Equal and Safe Strategy (refer Attachment 1) combines these interconnected issues into one strategic document.  This will see efficiencies in monitoring, reporting and evaluation and will support greater collaboration across and within departments working on these issues.

There is a strong evidence base for local government’s role in advancing gender equality and preventing and responding to violence against women and family violence.  The Victorian Government requires councils to respond to gender inequities and disclosures of violence through its services, facilities, programs and workplaces and to “report on the measures they propose to take to reduce family violence and respond to the needs of victims” in preparing their Municipal Public Health and Wellbeing Plans.  Local government is also identified in the findings of the Royal Commission into Family Violence as a key partner for gender equity improvements, preventing, intervening and responding to violence against women and family violence in local communities and as a workplace.

The Equal and Safe Strategy (the Strategy) is informed by a breadth of evidence including local consultations with frontline family violence services, mainstream community services, specialist services working with priority community groups and Victoria Police.  Community engagement was undertaken through a short survey to further inform the priorities.  The Priority Actions have been shaped to reflect the Essential Actions to address the gendered drivers of violence against women as recommended in Change the Story – the National framework for the primary prevention of violence against women and their children in Australia. The Objectives have also been shaped to align with Council’s commitment to the regional preventing violence against women strategy, Building a Respectful Community, led by Women’s Health In the North.

Proposal

The Strategy has been prepared following stakeholder consultation and community engagement.  The objectives and priority actions identified in the Strategy build upon the strong foundation of current work and seek to further extend Council’s commitment to improving gender equality and preventing violence against women.  They include Council’s response to the Royal Commission into Family Violence recommendations and are guided by key State and Federal Government policy and frameworks describing local government’s responsibilities. 

Council’s response through each objective, priority action and the Action Plan (to be developed) is informed by an understanding that other aspects of a person’s life or identity – for example their race, age, ability, migration status, sexuality, level of education or wealth, cultural or religious background, location – intersect with gender and affect their experiences. Council needs to consider these intersecting concerns in developing appropriate responses and priorities.

The Strategy sets out the following goal and objectives:

Goal: The City of Whittlesea is a gender equitable, safe and respectful community

Objective 1

Build a safe and respectful workplace where gender inequality is understood and actively challenged

Objective 2

Provide services and programs that normalise gender equality and are responsive to the needs of community experiencing family violence

Objective 3

Ensure that community facilities and public spaces enable safe and gender equitable access and an active community life for all

Objective 4

Build a well-informed, connected community who understand and embrace gender equality and are empowered to prevent violence against women

Consultation

A review of the evidence base and local data and indicators was conducted.  The Strategy was developed with input from key local service agencies and through a community survey.

Consultations were held during 2018 with frontline family violence services, Victoria Police, local prevention programs and services working with priority community groups such as CALD communities.  Information was sought on their experiences ‘on the ground’ – emerging issues and challenges – to shape the priorities.  Engagement will continue through the implementation of the Strategy.  Clear themes and priorities emerged:

·    Social isolation

·    Culturally diverse communities – migration status and racism

·    Financial abuse and hardship

·    ‘Back to basics’ – education and information provision

·    Universal services as access points

A community survey was promoted through Council’s website, social media platforms and in hard copy form through our facilities and services, for example, Maternal and Child Health and immunisation sessions. To maximise participation, the survey was also distributed through staff connected with key community cohorts and networks, for example youth, multi-cultural, aged, Aboriginal, parents and local business women. Local services with community facing roles, such as Whittlesea Community Connections and Dianella Plenty Valley Health, were also asked to aid in the survey’s promotion to community.

The survey asked two questions:

·    Thinking about yourself and others in your life, describe what an equal, safe and respectful community would look like locally;

·    What changes would you like to see locally in order to achieve an equal, safe and respectful community?

The survey received 50 responses in total (95 per cent female).  The responses reinforced the above priorities for Council’s focus, however the community identified additional priorities:

·    Women’s safety in the public realm

·    Equal access to recreation and sport

·    Equal rights and respect

Respondents identified a vision for an equal, safe and respectful community being one where women could “go for a walk at night without the fear of being hurt”, with “more female friendly clubs” and “equity of access to facilities” and; where “women can find relevant and fulfilling employment”.

Financial Implications

An action plan detailing resources required will be developed, in consultation with responsible departments, for 2019/20.  While investment will be required for some actions, for example training for staff, it is expected that a redirection of existing resources will need to occur to fully implement this Strategy, rather than additional funding.  Achieving that will require leadership commitment to the objectives and priority actions outlined in this Strategy, and support for this work to occur. 

Policy strategy and legislation

The Equal and Safe Strategy provides a strong line of sight to gender equality and prevention of violence against women work happening at the regional, state and national level. It draws on the National framework for the prevention of violence against women and their children, Change the Story, and is aligned to the Victorian Government’s gender equality and prevention of family violence strategies Safe and Strong and Free From Violence. It’s objectives are closely aligned to the regional strategy for the prevention of violence against women, Building Respectful Communities, to which the City of Whittlesea is committed.  

Internally, Equal and Safe will complement and intersect with other Council strategies including:

·    Health and Wellbeing Partnership Plan

·    Community Building Strategy

·    Active Whittlesea Strategy

·    Connect Plan

·    Economic Development Strategy

·    Community Safety and Crime Prevention Strategy

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Connected community

Whittlesea 2040 Key Direction     A healthy and safe community

Strategic Objective                        We have access to family violence prevention programs

Council Priority                             Community Safety

Declarations of Conflicts of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.

The Responsible Officer reviewing this report, having made enquiries with the relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

Conclusion

This Strategy provides Council with a robust framework to drive action to improve gender equality and prevent violence against women. It sets out Council’s role, objectives and priorities to contribute to a healthy and safe community. 

This is long-term work.  Social and structural changes are required at a local level to move toward gender equality and ending violence against women and family violence – such change requires persistence, the celebration of successes big and small, and leadership support for change.

 

RECOMMENDATION

THAT Council resolve to endorse the Equal and Safe Strategy for improving gender equality and preventing violence against women.

 

PROCEDURAL MOTION

Moved:                       Cr Monteleone

Seconded:               Cr Kelly

 

THAT Council resolve to adjourn debate on this item to the next Ordinary Council Meeting on 4 June 2019.

LOST

PROCEDURAL MOtion

Moved:                       Cr Alessi

Seconded:               Cr Kirkham

 

THAT Council resolve to adjourn debate on this item to later in the meeting.

CARRIED

Chief Executive Officer Explanatory Note
After consideration of this item was adjourned, consideration of Item 6.2.1 resumed. 
Following the vote on Item 6.2.1, consideration of this item resumed

 

 

 

ADJOURNMENT

The Mayor adjourned the meeting at 8.30pm.

RESUMPTIOn

The meeting resumed at 8.37pm.

MOTION

Moved:                       Cr Pavlidis

Seconded:               Cr Sterjova

 

THAT Council resolve to

1)      endorse the Equal and Safe Strategy for improving gender equality and         preventing violence against women

2)      promote the Strategy amongst and work with key community cohorts and     networks including people with disability, young people, multi-cultural,           aged           and Aboriginal groups and individuals

3)      amend the following wording in the report:

(a)     on page 123 include the word “cultural” to second paragraph in the last        line   before the word “race”

(b)     on page 127 add “CEO” and “Senior Governance”

(c)     on page 141 in Objective (1)(d) apply a “culturally sensitive” gender lens       and   in Objective 2 “provide services and programs that normalise gender         equality     with a culturally sensitive approach”.

Chief Executive Officer Explanatory Note
Cr Desiato and Cr Lalios did not return to the Council Chamber for the vote on this item.

 

 

 

Procedural Motion

Moved:                       Cr Monteleone

Seconded:               Cr Kelly

 

THAT Council resolve to adjourn debate on this item to the next Ordinary Council Meeting on 4 June 2019.

LOST

MOtion

Moved:                       Cr Pavlidis

Seconded:               Cr Sterjova

 

THAT Council resolve to:

1)      endorse the Equal and Safe Strategy for improving gender equality and         preventing violence against women

2)      promote the Strategy amongst and work with key community cohorts and     networks including people with disability, young people, multi-cultural, aged and        Aboriginal groups and individuals

3)      amend the following wording in the report:

(a)     on page 123 include the word “cultural” to second paragraph in the last line           before the word “race”

(b)     on page 127 add “CEO” and “Senior Governance”

(c)     on page 141 in Objective (1)(d) apply a “culturally sensitive” gender lens and in     Objective 2 “provide services and programs that normalise gender equality with     a culturally sensitive approach”.

 

 

 

PROCEDURAL MOTION

Moved:                       Cr Kirkham

Seconded:               Cr  Monteleone

 

THAT Council resolve to adjourn debate on this item to the next Ordinary Council Meeting on 4 June 2019.

LOST

Amendment

Moved:                       Cr Pavlidis

Seconded:               Cr  Sterjova

 

THAT the motion be amended to include a new point 4 to read as follows:

4.       that the strategy include an action in part 2(g) which addresses the specific issues related to women from new and established multicultural communities.

PROCEDURAL MOtion

Moved:                       Cr Kirkham

Seconded:               Cr Monteleone

 

THAT Council resolve to adjourn debate on this item to the next Ordinary Council Meeting on 4 June 2019.

CARRIED


UNCONFIRMED MINUTESOrdinary Council Minutes                                                                                                                                                                                                                                                                                                          Tuesday 7 May 2019

 

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UNCONFIRMED MINUTESOrdinary Council Minutes                                                                       Tuesday 7 May 2019

 

6.2.3      Redevelopment of McLeans Road Kindergarten - Response to Petition   

Responsible Officer:           Director Community Services

Author:                                  Manager Family, Children & Young People   

Chief Executive Officer Explanatory Note
Under Clause 33 of the Procedural Matters Local Law, with consent from the Chairperson, the report was withdrawn from this meeting in order to allow for further discussion around the relocation of the Kindergarten service from the building. The report is proposed to be presented to the 4 June 2019 Council Meeting. 

 

 

 

 

 

 


RECOMMENDATION SUMMARY

Council resolve to:

1.      Continue with the planned timelines for the redevelopment of McLeans Road Kindergarten which will require the centre to close during the 2020 and 2021 calendar years and reopen in January 2022.

2.      Provide the McLeans Road Kindergarten Inc. Committee of Management the opportunity to deliver the kindergarten service at the new centre (in 2022), subject to meeting Department of Education and Training (DET) regulatory requirements and Council’s Lease and Service Agreement terms.

3.      Continue to engage and work with the Committee of Management to explore options to enable a shared premises arrangement at an alternative location, during the redevelopment process, in line with DET guidelines and regulations.

4.      Write to petitioners to inform them of Council’s decision.

KEY FACTS AND / OR ISSUES

·    This report has been prepared in response to a petition tabled at the Council Meeting of 2 April 2019.

·    The Established Areas Infrastructure Plan (EAIP) for Families, Children and Young People identifies proposed capital works for kindergartens including the need for an additional kindergarten room to be delivered at McLeans Road Kindergarten in 2020-2021 ready for kindergarten operations by January 2022. This timeline ensures the facility is delivered ahead of population peak and in preparation for the introduction of funded three-year-old kindergarten.

·    Given the highly regulated nature of early years services, approximately 16 months is required to re-develop a facility and meet DET Service Approval (SA) requirements. 

·    Department of Education (DET) per capita funding conditions require kindergarten programs to be provided for a minimum of 600 hours over 40 weeks per calendar year.

·    All four-year-old enrolments are able to be redirected to neighbouring kindergartens within existing service capacity in 2020 and 2021 if spread across a number of centres.

·    Redevelopment of the kindergarten facility will require Council’s Lease to cease and the DET Service Approval (SA) to be terminated. The decision for the McLeans Road Kindergarten Incorporation to continue as an entity during the redevelopment period, is the responsibility of the current Committee of Management (CoM).

·    Following redevelopment, the McLeans Road Kindergarten CoM will be offered the opportunity to deliver the new service subject to meeting DET SA and per capita funding conditions as well as Council’s Lease and Service Agreement terms.

Report

Background

This report has been prepared in response to a petition prepared by residents and tabled at the Council Meeting on 2 April 2019.  The petition, addressed to the Mayor and Councillors of the Whittlesea City Council, was signed by 138 residents and 70 non-residents. 

The petition stated:

          We, the undersigned, residents and ratepayers of Whittlesea City Council, request the Council to:

          Regarding Whittlesea Council’s decision to demolish McLeans Rd Kinder in 2020, rebuild and then reopen in 2022 … we as the committee, parents, grandparents, families and local public hereby ‘REQUEST FROM THE COUNCIL’:

1.    A ONE YEAR EXTENSION to demolish McLean’s Rd Kinder in 2021 rather than 2020 to allow for the current 3-year-old group to complete their preschool 4-year-old year at the same centre.

2.    THE GUARANTEE (in writing) that McLean’s Road Kinder will be able to go back into that location in 2022 after having been there for a reputable 43 years.

3.    THAT THE COUNCIL COULD STILL FIND A TEMPORARY PLACE FOR McLean’s Road Kinder TO CONTINUE BUSINESS avoiding having to be shut down for two years and losing many children and families plus losing their wonderful entity.

Council resolved to receive the petition and prepare a report for Council’s consideration.

DISCUSSION

Planning for Kindergarten Facilities

The Established Areas Infrastructure Plan for Families, Children and Young People (EAIP) identifies proposed capital works for kindergartens including the need for an additional kindergarten room to be delivered at McLeans Road Kindergarten.

In developing this capital works program, consideration was given to:

·    Meeting demand for kindergarten in line with population growth and identified need in each precinct in the established areas of the municipality, ahead of peak requirements.

·    Planning for four-year-old enrolments to be redirected to neighbouring centres within existing service capacity, to ensure all children have access to a local kindergarten program during planned upgrades.

·    Staged program of capital works, aligned to the New Works Program to ensure management and delivery within existing resources, financial capacity and the opportunity to benefit from capital grant funding rounds.

·    Equitable distribution of upgraded kindergarten facilities across the established area districts.

·    Financial viability of kindergartens and regulatory compliance.

Subsequent to the EAIP report, the State Government announced that it will fund 15 hours of kindergarten for three-year-old children from 2020.  The implications of this policy direction reinforce the importance of the delivery of the proposed two room facility at McLeans Road within the recommended timeline.

 

Kindergarten Program Delivery

Council builds, owns and maintains kindergarten infrastructure and manages the central enrolment scheme for four-year-old kindergarten programs across the municipality. Not-for-profit organisations, schools and/or committees of management enter into Leases (and Service Agreements) to deliver kindergarten programs on Council’s behalf.

McLeans Road Kindergarten is managed by a Committee of Management (CoM), responsible for all aspects of operating the Incorporated Association, including compliance with DET per capita funding and Service Approval (SA – formerly known as Licencing). The key industry body established to support and advise all CoMs is Early Learning Association Australia (ELAA).

Redevelopment Dates

Council’s EAIP identified the McLeans Road Kindergarten upgrade to be undertaken in 2020-2021 to ensure the kindergarten is operational by January 2022. This timeline will ensure the facility is delivered ahead of population peak and in preparation for the planned roll out of funded three-year-old kindergarten.

The kindergarten will be required to close over two calendar years due to the following drivers:

·    Construction of highly regulated early years facilities requires a period of approximately 16 months to redevelop and meet DET SA requirements in a new facility.

·    DET per capita kindergarten funding criteria requires that service is provided for a minimum of 600 hours over 40 weeks per calendar year, requiring the program to typically begin in February of each year.

While extending the timelines for the redevelopment of the facility would enable the current group of 3-year old children to complete 4-year old kindergarten at the same centre (17 families have currently listed McLeans Road Kindergarten as their first preference for 2020), the expanded kindergarten will cater for 66 children.  Extending the timeline will impact on the ability to accommodate these additional numbers in 2022, particularly with the introduction of 3-year old kindergarten by the State Government at that time.

Impact on Kindergarten Enrolments

During the redevelopment of the facility, all four-year-old enrolments will be able to be redirected to neighbouring centres within existing service capacity or accommodated in an alternative service model offered by Mc Leans Road Kindergarten Incorporated (if approved by DET).

Impact on Committee of Management (CoM)

The redevelopment of the kindergarten facility will require Council’s Lease to cease and the DET SA to be terminated. The decision for the McLeans Road Kindergarten Incorporation to continue, is a decision for the current CoM.

Council Officers will continue working with the CoM to explore options to enter into a DET approved and financially viable, Shared Premises Arrangement in collaboration with another Kindergarten Management body. This arrangement allows two management bodies to share one facility to deliver a DET approved service.  While unusual, such Agreements can occur with the agreement of all parties.

Re-establishment of the Kindergarten Program

Typically, the City of Whittlesea undertakes an Expression of Interest process to appoint a management body to operate Council’s kindergarten facilities.  Upon completion of the new facility, the incoming management body will be required to make application to manage the new kindergarten service.

The McLeans Road Kindergarten CoM will be will be offered the opportunity to deliver the new service subject to:

·    Gaining DET Service Approval to deliver three and four-year-old kindergarten

·    Meeting compliance with DET per capita funding Service Agreement conditions

·    Signing off on the terms of Council’s Lease and Service Agreement.

Temporary Relocation

Meetings are being coordinated with DET, ELAA, the CoM and TRY Australia (on behalf of Roycroft Kindergarten) to explore the Shared Premises Arrangement option for service continuity of McLeans Road Kindergarten Inc. Edward Street Preschool CoM have indicated in preliminary conversations that they do not wish to enter the Shared Premises Arrangement.

The Principal of Norris Bank Primary School was engaged, to explore partnership opportunities including assessing the suitability of existing buildings to convert into a temporary kindergarten facility. No funding was available to progress this option.

Neighbouring kindergartens in Bundoora, Mill Park, Thomastown and Lalor were engaged and consulted on their capacity to accommodate additional enrolments. All agreed to support the redevelopment and accommodate all enrolments as required.

City of Darebin Officers were engaged to explore possible temporary relocation options. Darebin officers do not believe that this alternative option would meet the needs of families.

Consultation

Council’s Early Years team have met with members of the 2018 and 2019 McLeans Road Kindergarten Committees of Management and staff at least eight times since February 2018. The meetings and other exchanges of information (telephone calls and emails) focused on:

·    Updates on the redevelopment

·    Enrolment impacts and options

·    Incorporated Association impacts and options including the process for reinstating a management body

·    Coordinating parent information sessions, correspondence and FAQ’s

·    Temporary facility options and Shared Premises Arrangements.

DET and ELAA representatives were engaged, to provide the CoM with professional guidance and support regarding regulatory responsibilities, DET funding and service approval obligations, financial viability considerations, staffing implications, etc.

A parent information session was held at the McLeans Road Kindergarten on Tuesday 5 March 2019 for families enrolled in 2019 and 2020. Several Council officers and a CoM member attended the session.

Financial Implications

Outside a Shared Premises Arrangement any short-term accommodation or temporary building will have a significant cost impact.  No budget allocation has been made for this purpose.

The redevelopment project has been estimated to cost approximately $5,250,000.  The cost estimate has been informed by similar projects; however, detailed options analysis and engineering assessment are required to confirm this.

Council officers will seek external grant funding through a DET funding round, which is typically between $350,000 to $650,000.

Policy strategy and legislation

·    Education and Care Services National Law Act 2010

·    Education and Care Services National Regulations 2011

·    Victorian Government Early Years Compact

·    Victorian Department of Education and Training per capita grant funding

·    Belonging, Being, and Becoming – The Early Years Learning Framework for Australia 2009

·    Victorian Early Learning and Development Framework 2016

·    Incorporated Associations Act

·    Whittlesea 2040: A place for All

·    Connect: A municipal plan for children, young people and their families in the City of Whittlesea

·    City of Whittlesea Early Years Policy

·    Property Leasing Policy

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Connected community

Whittlesea 2040 Key Direction     A socially cohesive community

Strategic Objective                        Programs, services and infrastructure encourage social connections and the development of a sense of community

Council Priority                             Health and Wellbeing

Declarations of Conflicts of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.

The Responsible Officer reviewing this report, having made enquiries with the relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

Conclusion

Delivery of the McLeans Road Kindergarten’s upgrade in 2020-2021, with the service recommencing operations in January 2022, will ensure the facility is delivered ahead of population peak and in readiness for the introduction of funded three-year-old kindergarten.

Any delay in the redevelopment of the facility will place pressure on surrounding services and potentially impact on the ability of children (families) to access their local kindergarten.

During the redevelopment of the facility, all four-year-old enrolments will be able to be redirected to neighbouring centres within existing service capacity.

Council officers will continue working with the CoM to explore options to enter into a DET approved (and financially viable), Shared Premises Arrangement at an alternative location.

The redevelopment of the kindergarten facility will require Council’s Lease to cease and the DET SA to be terminated. The decision for the McLeans Road Kindergarten Incorporation to continue, is a decision for the current CoM.

The McLeans Road Kindergarten CoM will be offered the opportunity to deliver the new service subject to meeting DET SA and per capita funding conditions and Council’s Lease and Service Agreement terms.

 

RECOMMENDATION

THAT Council resolve to:

1.      Continue with the planned timelines for the redevelopment of McLeans Road Kindergarten which will require the centre to close during the 2020 and 2021 calendar years and reopen in January 2022.

2.      Provide a written undertaking to McLeans Road Kindergarten Inc. Committee of Management to offer the incorporation the opportunity to deliver the kindergarten service at the new centre (in 2022), subject to meeting Department of Education and Training (DET) regulatory requirements and Council’s Lease and Service Agreement terms.

3.      Continue to engage and work with the Committee of Management to explore options to enable a shared premises arrangement at an alternative location during the redevelopment process, in line with DET guidelines and regulations.

4.      Write to petitioners to inform them of Council’s decision.

Chief Executive Officer Explanatory Note
Under Clause 33 of the Procedural Matters Local Law, with consent from the Chairperson, the report was withdrawn from this meeting in order to allow for further discussion around the relocation of the Kindergarten service from the building. The report is proposed to be presented to the 4 June 2019 Council Meeting.

 

 

 

 

 

  

 


UNCONFIRMED MINUTESOrdinary Council Minutes                                                                       Tuesday 7 May 2019

 

6.3       City Transport and Presentation

6.3.1      Contract Number 2016-20 - Supply of Asphalt Works - Contract Extension

Attachments:                        1        FINANCIAL SUMMARY OF CONTRACT  2016-20 for Supply of Asphalt Works - Confidential

Confidential in accordance with Section 89(2)(d) of the Local Government Act 1989 as it contains details relating to contractual matters.    

Responsible Officer:           Director City Transport & Presentation

Author:                                  Team Leader Construction (New Works)   

 

RECOMMENDATION SUMMARY

That Council resolve to:-

·    Approve extension of the contract end date to 30 June 2020, with a revised estimated total contract sum of $16,000,000 (excluding GST).

·    Note the funding arrangements detailed in the confidential attachment.

KEY FACTS AND / OR ISSUES

·    The contract enables Council’s roads to be rehabilitated and renewed to a safe and usable level for the community.

·    This contract was awarded to a panel of four asphalt contractors:

Asphaltech Pty Ltd

Boral Resources (Vic) Pty Ltd

Downer EDI Works Pty Ltd

RABS Paving Services Pty Ltd

·    The contract has been performed satisfactorily and two one-year extension options are available to 30 June 2021;

·    An extension is required for the continued renewal of Council’s road infrastructure while arrangements are made to enter into a collaborative contract with other regional partners. The new regional arrangement is expected to deliver better value to the community;

·      An increase in projects delivered through this contract is planned for 2019/20, associated with increased capital spending on the renewal of the city’s local road network. This will significantly increase the spend through this contract relative to previous annual spending.

 

Report

Background

The contract commenced on 1 July 2016 and the current approved end date is 30 June 2019.  Options exist to extend the contract up to 30 June 2021. The contract performs the important function of delivering on Council’s adopted Asset Management Strategy.

The Asset Management Strategy identifies roads requiring ongoing rehabilitation and renewal to address ageing infrastructure and thereby ensures the long term financial sustainability of the Council. This asphalt contract is critical for delivering the various projects identified from the Road Asset Management Plan and Asset Management Strategy.

This contract was awarded to a panel of four asphalt contractors:

Asphaltech Pty Ltd

Boral Resources (Vic) Pty Ltd

Downer EDI Works Pty Ltd

RABS Paving Services Pty Ltd

 A summary of the financial performance of the contract is provided in the confidential attachment.

Contract EXTENSION

The contract has performed satisfactorily, however, it is considered likely that better value can be obtained if the contract is tendered as part of a regional collaboration.  Preliminary planning has commenced with the Northern Region Group of Councils.  Numerous members have expressed an interest in collaborating with City of Whittlesea to achieve better value by leveraging economies of scale and maximising efficiencies.

The contractor’s prices have been verified against current market rates and are considered sufficiently competitive to justify extension of the contract term to 30 June 2020.  This twelve-month period will be sufficient to allow for the completion of the proposed regional collaboration tender.

During this period a significantly increased number of projects will be delivered in line with the adopted Asset Management Strategy.  These will dramatically increase spend under the contract beyond the expenditure trends to date.  Details of the current expenditure along with costs of forecast projects and activities are provided in the confidential attachment.

Links to WHITTLESEA 2040 AND the CoUNCIL Plan

Whittlesea 2040 Goal                              Liveable Neighbourhoods

Whittlesea 2040 Key Direction     Smart, connected transport network

Strategic Objective                        We have community transport options to address transport disadvantage

Council Priority                             Roads, Access and Public Transport

 

Declarations of Conflicts of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.

The Responsible Officer reviewing this report, having made enquiries with the relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

CONCLUSION

Extension of the contract is sought in accordance with the contract’s terms and conditions and Council’s applicable policy and procedures.

 

Recommendation

THAT Council resolve, in relation to Contract No. 2016-20, for Supply of Asphalt Works to:

1.       Approve extension of the contract end date to 30 June 2020 with a revised estimated total contract sum of $16,000,000 (excluding GST).

2.       Note the funding arrangements detailed in the confidential attachment.

Council Resolution

Moved:                       Cr Joseph

Seconded:               Cr Sterjova

 

The above Recommendation was adopted unchanged as part of an en bloc Resolution Moved by Cr Joseph, Seconded by Cr Sterjova.   See Section 6 - Officers' Reports for further information on items adopted en bloc.

Carried

 


UNCONFIRMED MINUTESOrdinary Council Minutes                                                                       Tuesday 7 May 2019

 

6.3.2      Contract 2019-6 - Dr Harry Jenkins Reserve Tennis Court and Lighting Upgrade - Tender Evaluation

Attachments:                        1        2019-6 Confidential attachment - Confidential

Confidential in accordance with Section 89(2)(d) of the Local Government Act 1989 as it contains details relating to contractual matters.    

Responsible Officer:           Director City Transport & Presentation

Author:                                  Parks & Open Space Projects Officer   

 

RECOMMENDATION SUMMARY

This report summarises the evaluation of tenders received for Dr Harry Jenkins Reserve Tennis Court and Lighting Upgrade under Contract No. 2019-6.

It is recommended that contract number 2019-6 for Dr Harry Jenkins Reserve Tennis Court and Lighting Upgrade:

·    is awarded to Grassports Australia

·    for the lump sum price of $554,667.35(excl. GST)

KEY FACTS AND / OR ISSUES

The tender evaluation panel advises that:

·    This contract will provide an upgrade to the existing tennis facilities at Dr Harry Jenkins Reserve in line with Council’s Tennis Strategy to ensure the facilities meet Council’s minimum standards and club / community expectations

·    This contract represents Stage 1 works involving Courts 5 and 6, with future stages to follow

·    Eight (8) tenders were received

·    The recommended tender was the highest ranked and is considered best value based on demonstrating the ability to deliver the works to the required standard and within Council’s required timeframe requirements

 

Report

Background

The purpose of this contract is to undertake an upgrade to two (2) of the existing six (6) tennis courts at Dr Harry Jenkins Reserve. The upgrades will incorporate new synthetic (SFAG) courts with associated drainage and fencing, new LED lighting and ancillary items.

Tenders for the contract closed on 6 February 2019.  The tendered prices and a summary of the evaluation are detailed in the confidential attachment.

An upgrade of additional courts at Dr Harry Jenkins Reserve is included in the forward new works program as future stages.

EVALUATION

No member of the Tender Evaluation Panel declared any conflict of interest in relation to this tender evaluation.

A Tender Probity & Evaluation Plan was designed specifically for this tender process and it was authorised prior to this tender being advertised.  All tenders received were evaluated in accordance with that plan.  The evaluation involved scoring of conforming and competitive tenders according to these pre-determined criteria and weightings:

Criteria

Weighting

Price

50%

Capability

25%

Capacity

15%

Impact

10%

The weightings reflect the relative importance of each element to this particular contract.  They were determined as being most appropriate after considering numerous factors including (but not restricted to) the time, quality, risk and contract management requirements which were likely to have the most impact on the achievement of best value.

Only tenders that were conforming and competitive were fully scored.  Tender submissions that were evaluated as non-conforming or not sufficiently competitive were set aside from further evaluation.  In cases where this occurred the reasons for that outcome are detailed in the confidential attachment.

The evaluation outcome was as follows:

TENDERER

CONFORMING

COMPETITIVE

SCORE

RANK

Tenderer A - Grassports Australia

Yes

Yes

86.5

1

Tenderer B

Yes

Yes

83.5

2

Tenderer C

Yes

Yes

79.6

3

Tenderer D

Yes

Yes

77.1

4

Tenderer E

Yes

Yes

73.9

5

Tenderer F

Yes

Yes

65.2

6

Tenderer G

Yes

Yes

64.0

7

Tenderer H

Yes

Yes

42.3

8

Refer to the confidential attachment for further details of the evaluation of all tenders.

Links to WHITTLESEA 2040 AND the CoUNCIL Plan

Whittlesea 2040 Goal                    Enabling the vision

Whittlesea 2040 Key Direction     Making it happen

Strategic Objective                        Our Council explores and adopts best practice models

Council Priority                             Organisational Sustainability

The project will provide a significant improvement to facilities within the Reserve, with best practice tennis court and lighting design incorporated along with access for all-abilities.

Declarations of Conflicts of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.

The Responsible Officer reviewing this report, having made enquiries with the relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

CONCLUSION

The tender from Grassports Australia was determined to be best value and it is considered that this company can perform the contract to the required standards. 

 

Recommendation

THAT Council resolve to:

1.         Accept the tender submitted by Grassports Australia for the sum of $554,667.35 (excluding GST) for the following contract:

Number:    2019-6

Title:          Dr Harry Jenkins Reserve Tennis Court and Lighting Upgrade

subject to the following conditions:

a)    Tenderer to provide proof of currency of insurance cover as required in the tender documents.

b)    Tenderer to provide contract security as required in the tender documents.

2.         Approve the funding arrangements detailed in the confidential attachment.

3.         Sign and seal the Contract documents.

Council Resolution

Moved:                       Cr Joseph

Seconded:               Cr Sterjova

 

The above Recommendation was adopted unchanged as part of an en bloc Resolution Moved by Cr Joseph, Seconded by Cr Sterjova.   See Section 6 - Officers' Reports for further information on items adopted en bloc.

Carried


6.3.3      2019-28 Construct Transmission Easement Shared Path between Sycamore Reserve and Childs Road Tender Evaluation Report

Attachments:                        1        2019-28 Tender Evaluation Information - Confidential

Confidential in accordance with Section 89(2)(d) of the Local Government Act 1989 as it contains details relating to contractual matters.    

Responsible Officer:           Director City Transport & Presentation

Author:                                  Senior Projects Engineer   

 

RECOMMENDATION SUMMARY

It is recommended that contract number 2019-28 to construct the Transmission Easement Shared Path between Sycamore Reserve and Childs Road, Mill Park:

·    is awarded to MACA Infrastructure

·    for the lump sum price of $708,564 (excl. GST)

KEY FACTS AND / OR ISSUES

·    The project is to provide a shared path through Mill Park linking the Darebin Creek Trail with the Morang Drive Trail.  This will provide alternative access for Mill Park residents to the wider metropolitan trial network, Mill Park Leisure Centre, South Morang Station, Plenty Valley Town Centre and various schools and community centres within the area.

·    The tender evaluation panel advises that:

Eight tenders were received; and

The recommended tender was the highest ranked and is considered best value because of price, experience, quality management and relevant expertise personnel who will be assigned to the project.

 

Report

Background

The purpose of this contract is for the construction of the Transmission Easement shared path between the Darebin Creek Trail (Sycamore Reserve) and Childs Road including the crossing of Childs Road, path links to various points of interest along the route, safe road crossings on Grenda Drive and Hawkes Drive, and associated signage and line marking works.

This project was identified as an action item in the Whittlesea Cycling Plan 2016-2020, the Northern Regional Trails Strategy and LATM 20 Traffic Management Plan.

Funding for this project is available in the approved 2018/19 and draft 2019/20 Council New Works Program under PID 304.

Tenders for the contract closed on 20 March 2019.  The tendered prices and a summary of the evaluation are detailed in the confidential attachment.

EVALUATION

No member of the Tender Evaluation Panel declared any conflict of interest in relation to this tender evaluation.

A Tender Probity & Evaluation Plan was designed specifically for this tender process and it was authorised prior to this tender being advertised.  All tenders received were evaluated in accordance with that plan.  The evaluation involved scoring of conforming and competitive tenders according to these pre-determined criteria and weightings:

Criteria

Weighting

Price

55%

Capability

20%

Capacity

20%

Impact

5%

The weightings reflect the relative importance of each element to this particular contract.  They were determined as being most appropriate after considering numerous factors including (but not restricted to) the time, quality, risk and contract management requirements which were likely to have the most impact on the achievement of best value.

Only tenders that were conforming and competitive were fully scored.  Tender submissions that were evaluated as non-conforming or not sufficiently competitive were set aside from further evaluation.  In cases where this occurred the reasons for that outcome are detailed in the confidential attachment.

The evaluation outcome was as follows:

TENDERER

CONFORMING

COMPETITIVE

SCORE

RANK

Tenderer A
MACA Infrastructure

Yes

Yes

96.1

1

Tenderer B

Yes

Yes

87.9

2

Tenderer C

Yes

Yes

81.0

3

Tenderer D

Yes

No

N/A

 

Tenderer E

Yes

No

N/A

 

Tenderer F

Yes

No

N/A

 

Tenderer G

Yes

No

N/A

 

Tenderer H

No

No

N/A

 

Refer to the confidential attachment for further details of the evaluation of all tenders.

The highest ranked tenderer was recommended for award of this contract following tender evaluation, reference checks and tender interviews. This is based upon MACA infrastructure having demonstrated to provide best value to Council in terms of price, expertise, quality management and personnel who will be assigned to the project.

Links to WHITTLESEA 2040 AND the CoUNCIL Plan

Whittlesea 2040 Goal                    Enabling the vision

Whittlesea 2040 Key Direction     Making it happen

Strategic Objective                        Our Council services are transparent, equitable and accessible

Council Priority                             Organisational Sustainability

The Construction of this shared path is a priority item identified in both the City of Whittlesea Cycling Plan 2016-2020 and the Northern Regional Trails Strategy 2016. By constructing this trail Council will improve cycling through Mill Park and link the Darebin Creek Trail with Plenty Valley Town Centre. The path will also improve access from Lalor, Thomastown and the southern part of Mill Park with the Mill Park Leisure Centre, Plenty Valley Town Centre, various primary and secondary schools, Sycamore Reserve, Findon Reserve and South Morang Station.

Declarations of Conflicts of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.

The Responsible Officer reviewing this report, having made enquiries with the relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

CONCLUSION

The tender from MACA Infrastructure Pty Ltd was determined to be best value and it is considered that this company can perform the contract to the required standards. 

 

Recommendation

THAT Council resolve to:

1.         Accept the tender submitted by MACA Infrastructure Pty Ltd for the sum of $708,564 (excluding GST) for the following contract:

Number:    2019-28

Title:          Construct Shared Path Transmission Easement Mill Park

subject to the following conditions:

a)    Tenderer to provide proof of currency of insurance cover as required in the tender documents.

b)    Price variations to be in accordance with the provisions as set out in the tender documents.

c)    Tenderer to provide contract security as required in the tender documents.

2.         Approve the funding arrangements detailed in the confidential attachment.

3.         Sign and seal the Contract documents.

Council Resolution

Moved:                       Cr Joseph

Seconded:               Cr Sterjova

 

The above Recommendation was adopted unchanged as part of an en bloc Resolution Moved by Cr Joseph, Seconded by Cr Sterjova.   See Section 6 - Officers' Reports for further information on items adopted en bloc.

Carried

 


UNCONFIRMED MINUTESOrdinary Council Minutes                                                                       Tuesday 7 May 2019

 

6.3.4      Contract 2015-21 - Supply of Road, Drainage and Associated Street LIghting - Contract Extension

Attachments:                        1        Financial Summary of Contract 2015-21 - Confidential

Confidential in accordance with Section 89(2)(d) of the Local Government Act 1989 as it contains details relating to contractual matters.    

Responsible Officer:           Director City Transport & Presentation

Author:                                  Team Leader Construction (New Works)   

 

RECOMMENDATION SUMMARY

That Council resolve to:

·    Extend the contract to a revised end date of 31 December 2019.

·    Approve a revised estimated total contract sum of $21,000,000 (excluding GST).

·    Note the contractual and funding arrangements detailed in the confidential attachment.

KEY FACTS AND / OR ISSUES

·    This contract rehabilitates and improves the condition of sealed roads and the traffic environment within the Municipality to a safe and usable condition;

·    This contract was awarded to a panel of six civil contractors on 14 July 2015 for an estimated total contract value at the time of $17.4 million;

·    Council, at the meeting of 5 June 2018, approved a one-year extension to 30 June 2019 with a revised total estimated contract sum of $20 million;

·    At present the construction industry has a significant supply side demand for civil construction contractors combined with a shortage of raw materials for construction (rock, concrete, steel, etc,). As such the unit rates have increased for road construction projects faster than CPI growth;

·    A new contract for the supply of road, drainage and associated street lighting works is currently being prepared due to reduction in the availability of the existing panel of contractors;

·    An extension of contract for a period of six months to 31 December 2019 is recommended to ensure that a new partnering style civil contract can occur by January 2020, and therefore seek to obtain best value for the community;

·    The extension period and increased total estimated contract value to $21 million is required for the successful delivery of Council’s increasing road and drainage infrastructure projects within 2019/20 New Works Program; and

·    The remaining panel contractors have performed satisfactorily over the initial contract and extended time period to 30 June 2019.

 

 

Report

Background

The Asset Management Strategy identified roads as a key Council asset requiring renewal. This program strategically identifies the renewal of road assets to ensure the long term financial sustainability of the Council. Projects for each year are identified from the Road Asset Management database and from visual inspections and have increased year on year with Council’s increasing capital works program.

At the meeting dated 14 July 2015, Council resolved to award Contract Number 2015-21 for Supply of Road, Drainage and Associated Street Lighting Works to a panel of six civil contractors including:

CDN Constructors Pty Ltd;

Conbi Contractors Pty Ltd;

Fercon Pty Ltd;

Metro Asphalt Pty Ltd;

United Roads Pty Ltd *; and

Universal Concrete Contractors Pty Ltd*.

* Contractors that are no longer operating or regarded as a high risk to Council

The current estimated total contract expenditure is $20 million to 30 June 2019. The first one-year extension to the 30 June 2019 has been approved by Council and a further one-year extension period is available.

The City of Whittlesea utilise this contract for the successful delivery of various civil infrastructure projects within the ongoing New Works Program, for example: the road rehabilitation program, local area traffic management, missing links program, safe routes to school program and the construction of the shared user path network across the municipality.

A summary of the financial performance of the contract is provided in the confidential attachment.

CONTRACT EXTENSION

Due to a reduction in the availability panel contractors (refer above), a new contract for the supply of road, drainage and associated street lighting works is currently being prepared. It is anticipated that the new contract will be presented to Council at the meeting dated 10 December 2019.

It is therefore recommended that this contract be extended for a further period of six months to 31 December 2019 to ensure the successful delivery of Council’s road and drainage infrastructure projects within 2019/20 New Works Program.

The extension requests the total estimated contract expenditure be increased by $1 million, to $21 million based on the existing approved schedule of rates within the contract and the program of works identified to be delivered in the 2019-2020 Draft Budget.

Further details of the requested contractual arrangements and extension period are provided in the confidential attachment.

Links to WHITTLESEA 2040 AND the CoUNCIL Plan

Whittlesea 2040 Goal                    Liveable neighbourhoods

Whittlesea 2040 Key Direction     Smart, connected transport network

Strategic Objective                        The road network responds to our needs in accessing jobs, services and recreational activities

Council Priority                             Roads, Access and Public Transport

The extension of Contract Number 2015-21 for Supply of Road, Drainage and Associated Street Lighting Works provides best value to the organisation and will cater for the successful delivery of Council’s road and drainage infrastructure projects within 2019/20 New Works Program.

Declarations of Conflicts of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.

The Responsible Officer reviewing this report, having made enquiries with the relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

CONCLUSION

A contract extension to 31 December 2019 and an increase to the total estimated contract value is sought in accordance with the contract’s terms and conditions and Council’s applicable policy and procedures.

 

Recommendation

THAT Council resolve, in relation to Contract No. 2015-21, for Supply of Road, Drainage and Associated Street Lighting Works to:

1.       Extend the contract to a revised end date of 31 December 2019.

2.       Approve a revised estimated total contract sum of $21,000,000 (excluding GST).

3.       Note the contractual and funding arrangements detailed in the confidential attachment.

Council Resolution

Moved:                       Cr Joseph

Seconded:               Cr Sterjova

 

The above Recommendation was adopted unchanged as part of an en bloc Resolution Moved by Cr Joseph, Seconded by Cr Sterjova.   See Section 6 - Officers' Reports for further information on items adopted en bloc.

Carried

 


UNCONFIRMED MINUTESOrdinary Council Minutes                                                                       Tuesday 7 May 2019

 

6.3.5      Road Safety Options Analysis - Masons Road, Mernda

Attachments:                        1        Locality Plan

2        Property Plan

3        Crash Diagram

4        Traffic Survey Results   

Responsible Officer:           Director City Transport & Presentation

Author:                                  Unit Leader Infrastructure Projects   

 

RECOMMENDATION SUMMARY

That Council resolve to: -

·    Implement the high priority Road Safety Audit recommendations through the New Works Program in the 2018/19 and 2019/20 financial years.

·    Endorse the closure of Masons Road, Mernda as the preferred road safety option.

·    Commence the formal process to close Masons Road, Mernda in accordance with Section 12 of the Road Management Act 2004 (as amended).

·    Advertise Council’s intention to close Masons Road, Mernda in the Victorian Government Gazette, The Age and the Whittlesea Leader.

·    Establish an advisory Committee of Council to consider written submissions received.

KEY FACTS AND / OR ISSUES

·    Masons Road was originally constructed to a rural standard gravel road to provide local farm access to the residents in the area. As development has increased, additional burden has been placed on Masons Road to act as an alternative to the east-west arterial road network, resulting in a significant increase in traffic speeds and volumes.

·    The safety of the road has been questioned, particularly following a fatality which occurred in August 2018.

·    Council Officers engaged an independent VicRoads’ pre-qualified consultant to conduct a comprehensive Road Safety Audit (RSA) of Masons Road on behalf of Council. The RSA report comprised 45 recommendations (and five notes) for road safety improvements along Masons Road, Mernda. These recommendations commonly related to protection of roadside hazards, installation of signage and the trimming of trees.

·    Options for enhancing the safety of the road have been considered and include different methods of sealing the road surface, hazard protection and a closure of the road.

·    The detailed evaluation of options over a 20-year asset life has identified Option C: Closure of the Road as the preferred option for the strategic direction of Masons Road.

·    The road closure will significantly reduce traffic volumes, the road safety risks, address dust and amenity concerns, reduce the increasing maintenance demands, and provide a level of service that is consistent with the local rural residential traffic accessing the properties in Masons Road and Wilkes Court. 

·    Closure of the road will however remove an alternative east-west route currently used by approximately 855 vehicles per day.

·    The process for closing the road requires considerable community consultation, and can take more than 12 months.

 

Report

Background

Masons Road was originally constructed to a rural standard (gravel surface) to provide local farm access to the residents in the area. As development has increased, additional burden has been placed on Masons Road to act as an alternative to the east-west arterial road network. Under normal circumstances in the growth areas, gravel roads are constructed to a sealed urban road as part of the urban development process, which has been the case along the eastern section of Masons Road. However, the western section of Masons Road runs through the environmental buffer of the Hanson Landfill and Quarry and therefore will never be developed and urbanised through the normal development process. It will therefore be Council’s responsibility to urbanise the road into the future, if that is required.

Road Network and Land Use

Masons Road is a local Council road which runs east–west between two Declared Arterial Roads, Plenty Road to the east, and Epping Road to the west (Attachment 1). The road is approximately 6.4km in length.

The eastern end of Masons Road is urbanised for 2.4km with a sealed carriageway, kerb and channel (both sides), a footpath (south side only), street lighting, residential housing (south side) and farmland (north side).

The western section of Masons Road has a gravel carriageway 4.0km, with farmland on northern side of the carriageway and the Hanson Wollert Landfill and Quarry located on most of the southern side of the carriageway. At the approximate midway point on the gravel section of the road there are two 90° curves. 

The unsealed section of road was constructed to a rural standard (gravel surface) and is unable to cater for the growing traffic volumes in the area; the road asset condition therefore is rated poor with Council receiving numerous complaints regarding dust and other amenity issues. Regular (monthly) routine maintenance is required to maintain a suitable level of service along Masons Road. Despite the higher levels of maintenance, the condition of the road surface deteriorates undermining road safety.

There are currently 7 properties that access from Wilkes Court, and 10 properties with direct access onto the unsealed section of Masons Road as their primary means of access, as shown in Attachment 2. Under normal operating conditions these properties would generate between 100 and 150 vehicle trips per day.

The speed limit is 50km/h for the entire length between Plenty Road and Epping Road. The 50km/h speed limit is clearly defined and signed (16 signs over 4.0km), and advance warning signs are installed at appropriate locations on both the sealed and gravel sections of the road.

Road Safety

Surrounding urban development has impacted on the operation and safety of the road, with safety concerns increasing following a fatal crash on Masons Road in August 2018. Options for enhancing the safety of the road have been considered, are contained within this report and include sealing the road surface, protection of roadside hazards and the closure of the road to through traffic.

In addition to the fatal crash in August 2018, VicRoads’ Road Crash Information System (RCIS) indicates that there have been four other casualty crashes on Masons Road since 2008. A summary of circumstances and details relating to all crashes are listed in Attachment 3.

Given the limited number and spread of incidents and the lack of repetition of incident types, no trends in crashes can be observed, or any specific crash counter-measures are able to be identified. However, it can be concluded that speed, volume and surface conditions are contributing factors for crashes along the unsealed gravel section of Masons Road.

A factor used in determining the need for road safety improvements on a road is the crash rate on a road. This is calculated in terms of the number of crashes per km per year (Federal and State road safety authorities use a five year period) on a length of road; for Masons Road the crash rate is:

·    0.156 crashes per km per year for the overall road – 6.4km;

·    0.150 crashes per km per year for the gravel section – 4.0km; and

·    0.167 crashes per km per year for the sealed section – 2.4km.

Whilst these crash rates are higher than desirable, they must be viewed in context, e.g. the crash rate for Great Brome Avenue (a collector road in Epping North) is 3.2 crashes per km per year.

The long-term road safety of the community is a cross-agency responsibility. Therefore, regardless of the option selected by Council to improve road safety along Masons Road, it will require regular enforcement of traffic speeds by Victoria Police.

Current Traffic Conditions

Traffic surveys have been conducted on Masons Road, with a summary of traffic conditions contained in Attachment 4. The majority of traffic using Masons Road is travelling between Plenty Road and Epping Road, the two key north-south arterial roads of the city, as an alternative to, and to avoid road congestion on, Bridge Inn Road.

These results indicate that:

·    850 vehicles per day use the gravel section of Masons Road, with 4,500 vehicles per day using the sealed section. There has been a steady increase and much higher vehicle volumes (approximately five times more) on the sealed section of Masons Road, than on the gravel section. This is due to the amount of traffic generated by the fully built up residential development on the south side of this section of the road;

·    The majority of drivers travel at speeds in excess of the 50km/h speed limit regardless of the road surface (sealed or unsealed). This is likely because many drivers travel at a speed at which they believe is safe, rather than at the posted speed limit;

·    A smaller percentage (64%) of drivers travel over the speed limit on the sealed section of the road compared with the gravel section (84%). This is likely because the sealed section of the road has fully built up residential development on the south side;

·    The highest speeds have been recorded on the gravel section (150km/h), with a high speed of 121km/h recorded on the sealed section; and

·    Traffic volumes on the gravel section have more than doubled since 2014 and are around ten times greater than what would be expected for a local rural road.

The increased traffic speeds and volumes are having a detrimental impact on the liveability of the local residents in Masons Road and Wilkes Court, through increased dust, amenity, higher vehicle maintenance and road safety concerns.

ROAD SAFETY AUDIT RECOMMENDATIONS

Council Officers engaged an independent VicRoads’ pre-qualified consultant, TrafficWorks Pty Ltd (TrafficWorks), to conduct a comprehensive Road Safety Audit (RSA) of Masons Road.

TrafficWorks inspected the site under both daytime and night time traffic conditions and provided a report comprising forty-five (45) recommendations (and five notes) for road safety improvements along Masons Road, Mernda. These recommendations commonly related to trimming/removing trees in the clear zone, protection of roadside hazards, e.g. trees and electrical poles, and installation of advanced warning signage.

Forty (40) (of forty-five (45)) recommendations were accepted by Council Offices ranging from sign relocation to the re-creation of the existing swale drains.

OPTIONS ANALYSIS

The following options for Masons Road were assessed over a 20-year asset life:

·    Base Case: Existing Conditions;

·    Option A: Sealing of the Road (between Epping Road and Texel Drive);

·    Option B: Implement Accepted RSA Recommendations; and

·    Option C: Closure of the Road to through traffic.

Base Case: Existing Conditions

Base Case: Existing Conditions was used as a comparison option to determine the likely outcome in the absence of road safety improvements not proceeding.

In the base case scenario, there are no upfront capital costs to Council however an ongoing high level of maintenance and repair is required to meet the increasing traffic demand and pressures placed on the road. The grading regime is currently double that is normally applied to other gravel roads within the municipality, costing approximately $100,000 annually. This current level of maintenance is still not meeting the community service level expectations and therefore is estimated to increase to approximately $400,000 annually, for monthly maintenance, including; grading, placement and compaction of material; and intermittent repair/rebuilding of sections of the road to meet the increasing safety and service level expectations.

If Council opt for a “no change” approach, the road safety concerns identified in the Road Safety Audit and ongoing amenity issues will remain.

Option A: Sealing of the Road (between Epping Road and Texel Drive)

Option A: Sealing of Masons Road, between Epping Road and Texel Drive, will improve the overall level of service on Masons Road, reduces some amenity concerns, e.g. dust and vehicle maintenance, and reduces the need for high level of routine maintenance. This option however has a high capital cost, at approximately $12 million for the appropriate standard of sealing and road upgrade considering the level of increased traffic volume the road will be required to accommodate, i.e. asphalt, shoulder sealing, drainage works.

This option will result in a net-benefit loss (i.e. cost), as sealing Masons Road only provides $0.20 worth of benefits received for every $1 spent, over a 20 year asset life.

The requirements for a higher standard of road upgrade and sealing cost is due to the high likelihood that a significant volume of through traffic is expected. This increased level of traffic would have historically used Bridge Inn Road as their east-west link through the municipality, but would divert to Masons Road following the road upgrade improvements and higher level of service. Whilst this would initially ease congestion on the arterial road network (Bridge Inn Road), it would impose unacceptable stress on Masons Road and its underlying pavement layers.

Furthermore, Council Officers anticipate that an improvement to the overall level of service of the road through sealing would cause traffic speeds to increase, and therefore heighten the road safety risks identified in the RSA. Under these circumstances, implementation of accepted RSA recommendations would be still required at an additional cost of $700,000.

From a broader road network perspective, Council is currently advocating for an upgrade to Bridge Inn Road, to improve road capacity and reduce congestion for east-west traffic movement.  While the State Government has committed to some improvements through the Outer Suburban Arterial Road program, further upgrades along Bridge Inn Road are required.

Sealing Masons Road would essentially relieve pressure on Bridge Inn Road by creating a parallel road that is serving an arterial road function, thus significantly undermining Council’s advocacy efforts in relation to the urbanisation of Bridge Inn Road. Should these Arterial Road Network advocacy efforts fail, Bridge Inn Road, between Plenty Road and Epping Road will continue to exhibit:

·        High levels of traffic (crash) accidents (currently 12 accidents in the past five years);

·        Serious road safety concerns and turning movements at uncontrolled intersections; and

·        A lack of public transport (bus) connectivity.

Furthermore, sealing of Masons Road would ultimately require a signalised intersection at Epping Road and an upgrade to the intersection at Plenty Road. These upgrades have not been costed in this surface upgrade cost option mentioned above.

A Special Charge Scheme (where costs are apportioned to all parties based on the ‘special benefit’), was considered as a funding contribution option, whereby abutting residents of Masons Road and Wilkes Court would contribute to the sealing of the road to Council’s required standard. The costs to residents of a special charges scheme given the upgrades required is prohibitive.

Option B: Implementation of Accepted Road Safety Audit (RSA) Recommendations

Option B: Implementation of RSA recommendations will significantly reduce the road safety concerns along Masons Road by either eliminating the potential hazards or reducing the severity of consequence in the event of an accident crash. Council Officers have accepted forty (of the 45) RSA recommendations, and estimate the cost of delivery at $700,000.

Whilst implementing the RSA recommendations would reduce the consequence in the event of an accident (crash), this option will have little effect on the likelihood of crash as the anticipated speeds and volumes would remain constant. All amenity related concerns from residents will also remain.

Furthermore, the long-term success of this option relies heavily on Council increasing the ongoing routine (surface grading) maintenance requirements. As discussed above, this increased service cost is estimated at approximately $400,000 per annum and is not sustainable in the long-term.

Option C: Closure of the Road to through traffic

Option C: Closure of the Road to through traffic will significantly reduce the road safety risks along the road, reduce the current amenity concerns, reduce the need for a high level of routine (surface grading) maintenance, will limit the estimated traffic volumes on Masons Road to local residents only and will eliminate through traffic “rat running”. This approach will revert back to the originally intended local rural traffic volumes of around 100 vehicle trips per day.

Closure of the road will however restrict connectivity for residents between the municipality’s two growth corridors. 850 vehicles per day currently use the gravel section of road, and there will be a degree of community concern around the closure of an alternative east west route. There are several options available for the location of the road closure, each with different community benefits and impacts. The closure decision will be subject to a detailed community consultation process.

The cost to administer the road closure is estimated at $105,000.

Overall the road closure is considered the best strategic option for Masons Road.

The timeframe to formally close Masons Road is significant, and can often extend beyond twelve months. In accordance with the Local Government Act, Council Officers must:

1.   Prepare a report to Council recommending the closure of the road, including the establishment of an advisory committee that will include at least two Councillors to consider any submissions on the proposed road closure;

2.   Advertise the proposed road closure by consulting with relevant stakeholders, i.e. local residents, emergency services, and bus operators. This will include formal letters and the placement of a public notice in the local newspapers, allowing 28 days for public submission;

3.   Submit a report to VicRoads with comments on the proposed road closure;

4.   Prepare a report and make recommendations to Council based on feedback from the proposal, including the VicRoads report;

5.   Notify community and emergency services of the imminent road closure; and

6.   Implement the closure.

Proposal

The detailed evaluation of options against the assessment criteria over a 20-year asset life has identified - Option C: Closure of the Road to through traffic - as the preferred option for the strategic direction of Masons Road, Mernda, in addition with implementing all high-risk priority Road Safety Audit items (nine of the 45 audit findings).

The road closure to through traffic (and implementing the high-risk RSA items) will significantly reduce the road safety risks along the road, will reduce the increasing maintenance obligations of Council and provide a level of service that will suit local traffic accessing the residential properties in Masons Road and Wilkes Court.

The timeframe to formally close Masons Road could extend beyond twelve months.  The cost to administer the road closure is estimated at $105,000.

The cost to implement the high priority RSA items only is estimated at $140,000, and therefore the total financial cost of the proposal is estimated at $245,000.

Consultation

In accordance with the Road Management Act 2004, Council must seek feedback from emergency services (i.e. Ambulance Victoria, Country Fire Authority and Victoria Police), bus operators, Utility Service authorities and VicRoads during the formal consultation period.

A public notice advising of the proposed road closure is also required to be placed in a daily circulating newspaper (The Age), and the Whittlesea Leader and the Victorian Government Gazette calling for submissions from the general public over a 28-day period from the date of advertisement.

In addition to the above Council will undertake the following community engagement actions seeking submissions from the general public, road users and land owners on the proposed road closure:

·    A formal letter to owners and occupiers of properties abutting Masons Road and Wilkes Court, and a community meeting with local residents;

·    Social media posts on Councils Social Media accounts advising of the proposal and that Council is seeking feedback from the general public on the matter;

·    Use of the Have Your Say section on Council’s website; and

·    Signage on Masons Road advising road users of the proposal to close Masons Road.

Submissions will be considered by the Council Committee and the proposal amended where appropriate. The Committee will then prepare a report with recommendations based on the submissions to be presented to Council for adoption.

Financial Implications

Operational items, such as routine maintenance (surface grading), will continue to be funded through existing recurrent (operational) budgets.

The cost to administer the road closure and deliver the high priority RSA items is estimated at $245,000.

The current New Works Program has allocated $95,000 in the 2018/19 financial year to deliver road safety improvements, with the balance of the road safety audit high-risk items being referred to the 2019/2020 New Works Program for consideration.

Policy strategy and legislation

Road Management Act (2004)

City of Whittlesea Road Safety Strategy (2017):

Address safety of all road and path users.

Address driver behaviour and attitude towards vulnerable road users: pedestrian, cyclists and cyclists and motorcyclists.

City of Whittlesea Bicycle Plan 2016-2020:

Key Direction 3: Build and maintain a high quality network.

City of Whittlesea Integrated Transport Strategy (2014):

Action RF 2.2: Manage local roads to improve amenity and safety for users.

 

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Liveable neighbourhoods

Whittlesea 2040 Key Direction     Smart, connected transport network

Strategic Objective                        The road network responds to our needs in accessing jobs, services and recreational activities

Council Priority                             Roads, Access and Public Transport

Declarations of Conflicts of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.

The Responsible Officer reviewing this report, having made enquiries with the relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

Conclusion

Masons Road is a local Council road that is experiencing traffic speeds and volumes disproportionate to its designed level of service. Despite a high-level routine (surface grading) maintenance regime, the surface of the road deteriorates on a regular basis.

Road safety concerns have increased following a fatal crash in August 2018. A Road Safety Audit has identified several road safety hazards along the route that require mitigation or elimination.

The detailed evaluation of options against the assessment criteria over a 20-year asset life has identified the Closure of the Road to through traffic as the preferred option for the strategic direction of Masons Road, Mernda.

The road closure will significantly reduce the road safety risks along the road, will reduce the ongoing amenity concern and maintenance obligations of Council. A road closure will provide a level of service that will suit local traffic accessing the residential properties in Masons Road and Wilkes Court. It is recommended that all high priority Road Safety Audit (RSA) items are implemented in conjunction with the road closure consideration.

The timeframe to formally close Masons Road could extend beyond twelve months.

The cost to implement the high priority RSA items only is estimated at $140,000, and the total financial cost of the proposal is estimated at $245,000.

 

RECOMMENDATION

THAT Council resolve to:

1.       Implement the high priority Road Safety Audit recommendations through the New Works Program in the 2018/19 and 2019/20 financial years.

2.       Endorse the closure of Masons Road, Mernda to through traffic as the preferred road safety improvement option.

3.       Commence community consultation on the closure of Masons Road and the road closure process in accordance with Section 12 of the Road Management Act 2004 (as amended).

4.       Advertise Council’s intention to close Masons Road, Mernda in the Victorian Government Gazette, The Age and the Whittlesea Leader, including additional consultation and engagement to occur with the Community.

5.       Establish an advisory Committee of Council comprising the North Ward Councillors and the Mayor, Cr Cox to consider any written submissions to the proposed road closure.

MOTION

Moved:                       Cr Joseph

Seconded:               Cr Sterjova

THAT Council resolve to:

1.       Implement the high priority Road Safety Audit recommendations through the New Works Program in the 2018/19 and 2019/20 financial years.

2.       Endorse the closure of Masons Road, Mernda to through traffic as the preferred road safety improvement option.

3.       Commence community consultation on the closure of Masons Road and the road closure process in accordance with Section 12 of the Road Management Act 2004 (as amended).

4.       Advertise Council’s intention to close Masons Road, Mernda in the Victorian Government Gazette, The Age and the Whittlesea Leader, including additional consultation and engagement to occur with the Community.

5.       Establish an advisory Committee of Council comprising the North Ward        Councillors and the Mayor, Cr Cox to consider any written submissions to          the    proposed road closure.


Cr Desiato and Cr Lalios returned to the Council Chamber at 8.57pm prior to the vote on this item.


AMENDMENT

Moved:                       Cr Lalios

Seconded:               Cr Kirkham

 

THAT the motion be amended to include a point 6 and 7 to read as follows:

6.       Write to Local Members of Parliament seeking funds from the Victorian and Federal Government for Masons Road to be fixed and sealed properly.

7.       Adopt recommendation 3.2 on page 53 of the Road Safety Audit and implement     it.

 

 

 

 

EXTENSion OF SPEAKING TIME

Moved:                       Cr Monteleone

Seconded:               Cr Sterjova

 

THAT Council resolve to extend the speaking time of Cr Kirkham for a further two minutes.

CARRIED

EXTENSION OF SPEAKING TIME

Moved:                       Cr Alessi

Seconded:               Cr Joseph

 

THAT Council resolve to extend the speaking time of Cr Sterjova for a further two minutes.

CARRIED

 AMENDMENT

Moved:                       Cr Lalios

Seconded:               Cr Kirkham

 

THAT the recommendation be amended to include a point 6 and 7 to read as follows:

6.Write to Local Members of Parliament seeking funds from the Victorian and Federal    Government for Masons Road to be fixed and sealed properly.

7.Adopt recommendation 3.2 on page 53 of the Road Safety Audit and implement it.

Carried

Division

Immediately after the motion was voted on, Cr Lalios called for a division which resulted in the following votes being recorded.

 

For

Cr Kirkham

Cr Kelly

Cr Lalios

Cr Monteleone

Cr Desiato

Cr Sterjova

Cr Joseph

Against

Cr Kozmevski

Cr Alessi

Cr Cox

Abstained

Cr Pavlidis

Based on the votes cast during the Division, the motion was carried.

carried

 


 

The Amendment was put and carried and became the Substantive Motion. The Substantive Motion was then put and carried.

SUBSTANTIVE MOtion

Moved:                       Cr Joseph

Seconded:               Cr Sterjova

 

THAT Council resolve to:

1.       Implement the high priority Road Safety Audit recommendations through the New Works Program in the 2018/19 and 2019/20 financial years.

2.       Endorse the closure of Masons Road, Mernda to through traffic as the preferred road safety improvement option.

3.       Commence community consultation on the closure of Masons Road and the road closure process in accordance with Section 12 of the Road Management Act 2004 (as amended).

4.       Advertise Council’s intention to close Masons Road, Mernda in the Victorian Government Gazette, The Age and the Whittlesea Leader, including additional consultation and engagement to occur with the Community.

5.       Establish an advisory Committee of Council comprising the North Ward        Councillors and           the Mayor Cox, to consider any written submissions to the   proposed road closure.

6.       Write to Local Members of Parliament seeking funds from the Victorian and Federal Government for Masons Road to be fixed and sealed properly.

7.       Adopt recommendation 3.2 on page 53 of the Road Safety Audit and implement it.

EXTENSION OF SPEAKING TIME

Moved:                       Cr Monteleone

Seconded:               Cr Joseph

 

THAT Council resolve to extend the speaking time of Cr Alessi for a further two minutes.

CARRIED

EXTENSION OF SPEAKING TIME

Moved:                       Cr Kelly

Seconded:               Cr Monteleone

 

THAT Council resolve to extend the speaking time of Cr Lalios for a further two minutes.

 CARRIED

 

 

COUNCIL RESOLUtion

Moved:                       Cr Joseph

Seconded:               Cr Sterjova

 

THAT Council resolve to

1.       Implement the high priority Road Safety Audit recommendations through the New Works Program in the 2018/19 and 2019/20 financial years.

2.       Endorse the closure of Masons Road, Mernda to through traffic as the preferred road safety improvement option.

3.       Commence community consultation on the closure of Masons Road and the road closure process in accordance with Section 12 of the Road Management Act 2004 (as amended).

4.       Advertise Council’s intention to close Masons Road, Mernda in the Victorian Government Gazette, The Age and the Whittlesea Leader, including additional consultation and engagement to occur with the Community.

5.       Establish an advisory Committee of Council comprising the North Ward        Councillors and           the Mayor Cox, to consider any written submissions to the   proposed road closure.

6.       Write to Local Members of Parliament seeking funds from the Victorian and Federal Government for Masons Road to be fixed and sealed properly.

7.       Adopt recommendation 3.2 on page 53 of the Road Safety Audit and implement it.

CARRIED

 

Division

Immediately after the motion was voted on, Cr Alessi called for a division which resulted in the following votes being recorded.

 

For

Cr Pavlidis

Cr Kozmevski

Cr Kirkham

Cr Alessi

Cr Sterjova

Cr Joseph

Cr Kelly

Against

Nil

Abstained

Cr Lalios

Cr Cox

Cr Desiato

Cr Monteleone

Based on the votes cast during the Division, the motion was carried.

carried

 


UNCONFIRMED MINUTESOrdinary Council Minutes                                                                                                                                                                                                                                                                                                          Tuesday 7 May 2019

 

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UNCONFIRMED MINUTESOrdinary Council Minutes                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 Tuesday 7 May 2019

 

PDF Creator


UNCONFIRMED MINUTESOrdinary Council Minutes                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 Tuesday 7 May 2019

 

PDF Creator


UNCONFIRMED MINUTESOrdinary Council Minutes                                                                                                                                                                                                                                                                                                          Tuesday 7 May 2019

 

PDF Creator


UNCONFIRMED MINUTESOrdinary Council Minutes                                                                       Tuesday 7 May 2019

 

6.3.6      Petition: Request to Install Raised Pavements on Galloway Drive and Pearsons Road, Mernda

Attachments:                        1        Locality and Over-view Plan

2        Proposed Traffic Management Concepts   

Responsible Officer:           Director City Transport & Presentation

Author:                                  Team Leader Transport Engineering   

 

RECOMMENDATION SUMMARY

THAT Council resolve to: -

 

·        Install raised pavements and pedestrian crossings in Galloway Drive and Pearsons Road in Mernda, subject to agreement of PTV and Bus Operator, and approval of VicRoads.

·        Consult with the broader community regarding the location and detail design of the raised pavements and pedestrian crossings.

·        Advise the petitioners of Council’s decision on this matter.

KEY FACTS AND / OR ISSUES

·        Galloway Drive and Pearsons Road are local collector roads located in Mernda.

·        A petition signed by 174 residents from the Mernda Retirement Village requesting Council to install speed humps on Galloway Drive and Pearsons Road was received.

·        The recorded traffic speeds in Galloway Drive and Pearsons Road within the 40km/h speed zone are not acceptable, especially when it is considered in context of the surrounding road network and land use development which includes the Mernda Retirement Village.

·        If speeds are to be reduced some intervention by Council is necessary.

 

 

Report

Background

This report is in relation to a petition tabled at the Council meeting held on 12 February 2019.  The petition was signed by 174 residents from the Mernda Retirement Village requesting Council install speed humps on Galloway Drive and Pearsons Road, Mernda.   A covering letter was submitted with the petition and cited the following in support of their request:

·        The safety of residents of the Village and surrounding area when crossing Galloway Drive and Pearsons Road.

·        Traffic in general exceeds the 40km/h speed limit, with many motorists having a total disregard for the speed.

·        Resident population of the Retirement Village is forecast to exceed 400 in 2019.

Council resolved to receive the petition and that a report be prepared. 

Discussion

The investigation undertaken in response to this petition and this report focuses on a 600m section of Galloway Drive (generally between Stradling Rise and Mernda Village Drive), and a 200m section of Pearsons Road (generally between Galloway Drive and Walhalla Street) in Mernda.

Road Network and Land Use

Both Galloway Drive and Pearsons Roads are collector roads designed to accommodate up to 10,000 vehicles per day (vpd). 

This section of Galloway Drive is generally flat and runs in an east to west direction through a very gentle horizontal curve from Mernda Village Drive (in the centre of the Mernda Village Town Centre) at the eastern end, to the north–south section of Galloway Drive which extends another 500m to the south to the Bridge Inn Road intersection. 

This section of Pearsons Road runs in a north-south direction, and is generally straight as it gently raises approximately 6.0m from Galloway Drive to Walhalla Street over a 200m length.

The cross-section of both roads provides for a traffic lane for each direction, indented parking lane in front of the residential properties, strategically placed kerb extensions the width of the parking lane, footpaths (1.5m south side and 2.5m north side on Galloway Drive; 1.5m east side, 2.5m west side on Pearsons Road), and 2.5 to 3.0m wide nature strips.  These are standard of road cross-sections adopted in new residential areas for collector roads and/or potential bus routes, as the two traffic lanes are unencumbered by parking and they are thus adequate to cater for efficient bus services and high traffic volumes.

The surrounding land use is generally medium density residential, as well as the Mernda Retirement Village (located on the north side of Galloway Drive and west side of Persons Road) and the Mernda Village shopping centre, see Attachment 1.

Road Safety

The petitioners raised concerns regarding safety on both Galloway Drive and Pearsons Road and in particular safety at the Flashing Light Pedestrian Crossing (zebra crossing) on Pearsons Road approximately 10m north of Galloway Drive.

A review of VicRoads’ casualty crash database, CrashStats, indicates that there have not been any casualty crashes recorded in these sections of Galloway Drive or Pearsons Road over the five-year period, from 1 January 2013 to 5 November 2018 (CrashStats is only current to this latter date). VicRoads’ CrashStats is a database of motor vehicle crashes for which the Victoria Police has created a crash report; these are only for crashes in which someone has been injured or a fatality has occurred.  

Notwithstanding, there is anecdotal evidence (reports from residents) of four crashes as well as near misses occurring along these sections of road.  Concern has also been raised regarding the safety and operation of the pedestrian crossing in Pearsons Road north of Galloway Drive. 

The Pearsons Road pedestrian crossing was installed in 2015 to provide a safe crossing point for retirement village residents when walking to and from the Mernda Village shopping centre, and to compliment a crossing installed in 2012 in Galloway Drive directly in front of the shopping centre. 

Both crossing are installed to accord with AustRoads’ and VicRoads’ traffic engineering standards and guidelines.  In both situations “flashing light” (alternating flashing amber lights) type crossings were installed instead of “non-flashing” type crossings.  This is due to the higher level of visibility (provided by the flashing lights) and as they are generally regarded as a safer type of crossing facility. 

Council officers have inspected both sites and confirm that both crossing layouts accord with relevant engineering standards and guidelines.

There is no evidence to support the road safety concerns, and the pedestrian crossings are regarded as satisfactory.  However, there are some opportunities for minor works to be implemented to further enhance the overall safety of both crossings, and thus respond to some of the concerns raised by the petitioners; these enhancements are discussed in some detail below. 

Traffic Conditions

A Shopping Centre 40km/h speed limit was introduced along both sections of these roads in 2015.  Due to the presence of the retirement village, this was extended along the road frontages of the retirement village. 

Traffic surveys were conducted in December 2018 on both roads, a summary of these and of surveys conducted in 2016 and 2017 are shown in the table below.

Date

Vehicles

per Day

Speed (km/h)

Vehicles Over (km/h)

Max.
km/h

Average

85th %ile1

40

50

60

70

Pearsons Road (Mid-block between Galloway Drive & Walhalla Street)

April 2016

4,535

48

55

3,926
87%

1,659
37%

186
4%

41
0.3%

98

May 2017

5,024

38

50

2,924
58%

767
15%

83
2%

24
0.2%

92

December 2018

5,561

47

53

4,746
85%

1,543
28%

110
2%

30

0.2%

90

Pearsons Road (at pedestrian crossing, near Galloway Drive)

December 2018

5,546

30

35

2,544
46%

159
3%

5
0.1%

Nil

0%

60

Galloway Drive (Mid-block between Delbridge Drive & Jansen Street)

December 2018

6,112

44

50

4,505
74%

899
15%

61
1%

18

0.1%

85

1. ‘85%ile speed’ is the speed at which 85 per cent of motorists are travelling at or below; this is a factor used when determining the safe operating speed of road.

These results indicate:

·        Mid-block average speeds are 4km/h (in Galloway Drive) and 7km/h (Pearsons Road) above the speed limit; average speeds approaching and departing the Galloway Drive pedestrian crossing (near the roundabout) are 10km/h below the speed limit.

·        The operating speeds (85th percentile speed) are 10km/h (Galloway Drive) and 13km/h (Pearsons Road) over the speed limit; 85th%ile speeds approaching and departing the Galloway Drive pedestrian crossing (near the roundabout) are 5km/h below the speed limit.

·        Over 100 motorists drive at 25km/h, or more, above the speed limit.  This is a range where, if detected by Victoria Police, would risk losing their licence for three (3) months, or more.

·        Vehicle volumes have increased in the past five years, however current volumes are well within the design parameters of the roads.

Overall, current speeds are excessive given the function of the roads, especially when it is considered in context of the surrounding road network, land use development, and the 40km/h speed limit. 

If driver behaviour is to be modified, some form of action or intervention is needed; this can be either in terms of Victoria Police speed enforcement or action by Council in the form of deployment of the Speed Observation Trailers or implementation of traffic management by Council, or a combination of all three.  Petitioners’ concerns regarding driver behaviour and details regarding traffic conditions will be forwarded to the Victoria Police for further action. 

Proposed intervention

Traffic Calming Treatments - Council

The most obvious and effective action that Council could take would be to install raised pavements and pedestrian crossings.  The type, form, detail design and location of any measures would need to be determined through a communications and engagement process involving representatives of the Retirement Village, and owners and occupiers of abutting residential and commercial properties, as well as with the agreement of PTV and local bus operator (for raised pavements), and VicRoads (for pedestrian crossings).  

The investigation and engagement process would also be an opportunity to enhance the Galloway Drive Flashing Light Pedestrian Crossing in front of the shopping centre, by providing a raised pavement at this crossing and improving sight-lines of the crossing by removing three parking bays on the approaches to the crossing.  A proposed traffic management concept plan for these works has been prepared, see Attachment 2.

The consultation and engagement process, and then design and delivery process both need to be rigorous and thorough and is likely to take up to six months, and thus some short-term actions could take place.  This could be, as mentioned above, some minor works to enhance the safety and operation of both roads and the Galloway Drive and Pearsons Road pedestrian crossings, for example:

1.       The installation of additional and oversize advance warning signs.  These would be strategically placed to provide drivers with additional information when approaching the pedestrian crossings.

2.       Zig Zag line-marking at existing Pedestrian Crossings.  This is an option often used at pedestrian crossings in situations where standard pedestrian crossing layouts need some enhancement.

3.       Deployment of Council Speed Observation Trailers in both roads.  This would provide drivers with a clear and unambiguous message to drivers regarding both the 40km/h speed limit, and when drivers are exceeding the speed limit.

4.       Selected and strategic tree trimming.  Both roads are lined with mature trees, some of which have thick, low foliage. Selective trimming to around 2.2m from the base of the trees would provide both pedestrians and drivers better views of each other.

Consultation

As the 174 petitioners are considered to be a good representation of the approximate 400 Retirement Village residents, no consultation has been conducted on this matter to this stage.

In the event that Council, as well as PTV, the bus operator and VicRoads agree to the installation of the raised pavements and pedestrian crossings, a broad community consultation and engagement process would be undertaken.

Critical Dates

There are no critical dates associated with this matter

Financial Implications

The estimated cost to implement the works indicated on the preliminary concept plan is approximately $240,000.  There is no specific budget allocation for these works in the current New Works Program.  If these works are to proceed it is anticipated that the consultation and detailed design process will occur in 2019/2020 financial year with the major works to be considered in the 2020/2021 Budget approval process. 

The estimated cost to implement the minor pedestrian crossing enhancement works (signs and line-marking, action items 1 and 2 above) is approximately $5,000.  Funds are available in the Minor Traffic Works account for these works to be carried-out in the 2019/2020 financial year. 

The deployment of the Speed Observation Trailers (action item 3) can be accommodated within the current Traffic & Transport Team’s current operational responsibilities.   

Works as per item 4 (action item 4) can be carried-out as part of the Parks & Urban Design Department’s routine maintenance works.

Policy strategy and legislation

City of Whittlesea Road Safety Strategy (2017):

          Address safety of all road users and path users.

Address driver behaviour and attitude towards vulnerable road users: pedestrians, cyclists, and motorcyclists.

City of Whittlesea Integrated Transport Strategy (2004):

          Action RF 2.2: Manage local roads to improve amenity and safety for users.

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Connected community

Whittlesea 2040 Key Direction     A healthy and safe community

Strategic Objective                        People of all ages and abilities are supported to live well with appropriate program, service and infrastructure delivery

Council Priority                             Health and Wellbeing

Declarations of Conflicts of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.

The Responsible Officer reviewing this report, having made enquiries with the relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

Conclusion

Current traffic speeds in Galloway Drive and Pearsons Road are excessive given the function of the road, especially when it is considered in context of the surrounding road network and land use development, and the 40km/h speed limit. 

If petitioners’ concerns regarding excessive speeds are to be addressed some action by both Victoria Police and Council would be prudent.

Council’s Speed Observation Trailers can be deployed in both roads. 

The most effective Council intervention is to install raised pavements and pedestrian crossings.  The type, form, detail design and location of any measure, based on the preliminary concept plan (Attachment 2) would need to be determined through a communications and engagement process involving representatives of the Retirement Village, and owners and occupiers of abutting residential and commercial properties, and would be subject to PTV and Bus Operator agreement (raised pavements), and VicRoads approval (pedestrian crossings). 

The consultation, minor works and detailed design process can occur in 2019/2020 financial year with the major works to be considered in the 2020/2021 Budget approval process.

 

RECOMMENDATION

THAT Council resolve to:

1.       Refer the concerns of driver behaviour and excessive speeds in Galloway Drive and Pearsons Road to the Victoria Police.

2.       Proceed with minor actions including signs and line-marking works, deployment of Council Speed Observation Trailers, and strategic tree trimming to improve road safety.

3.       Install raised pavements and pedestrian crossings in Galloway Drive and Pearsons Road and Pasture Crescent (subject to the agreement of PTV and Bus Operator, and approval of VicRoads) through the 2020/2021 New Works Program.

4.       Consult with surrounding residents and business owners on the location and design of the proposed raised pavements and crossings.

5.       Advise the petitioners of Council’s decision on this matter.

DECLARation OF INTEREST

Cr Sterjova declared an indirect interest in this item to the Chief Executive Officer prior to the meeting.

Prior to the matter being considered or any vote taken in relation to the matter, Cr Sterjova left the Council Chamber at 9.49pm and advised the Mayor accordingly.

 


Cr Lalios left the Council Chamber at 9.49pm prior to the vote on this item.


COUNCIL RESOLUtion

Moved:                       Cr Joseph

Seconded:               Cr Alessi

 

THAT Council resolve to adopt the Recommendation.

CARRIED

 


UNCONFIRMED MINUTESOrdinary Council Minutes                                                                                                                                                                                                                                                                                                          Tuesday 7 May 2019

 

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UNCONFIRMED MINUTESOrdinary Council Minutes                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 Tuesday 7 May 2019

 

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UNCONFIRMED MINUTESOrdinary Council Minutes                                                                       Tuesday 7 May 2019

 

6.4       Corporate Services

6.4.1      Panel Contract Expenditure Distribution Report

Attachments:                        1        Explanatory Notes

2        Panel Contract Expenditure Tables - Confidential

Confidential in accordance with Section 89(2)(d) of the Local Government Act 1989 as it contains details relating to contractual matters.    

Responsible Officer:           Director Corporate Services

Author:                                  Team Leader Procurement   

 

RECOMMENDATION SUMMARY

That Council note the distribution of work to panel contractors has been managed in a fair and efficient manner that achieves best value.

KEY FACTS AND / OR ISSUES

At Council’s request a report is presented biannually detailing the comparative distribution of expenditure to contractors engaged to deliver works, goods and services under current panel contract arrangements.

·    These reports have been presented to Council since 20 March 2012.

·    The attached tables and supporting material explain the various methods of work order allocation and provide commentary on each panellist.

·    The data indicates that panel contract expenditure is currently being allocated according to processes which enable fairness, transparency and best value.

 

Report

Introduction

Council undertakes tender processes to establish contracts for the provision of works, goods and services.  In accordance with approved procedures, the tenders received are evaluated against four standard criteria: price, capability, capacity and impact.

Depending on the nature of the contract, Council will either award it to a single company or appoint a panel of contractors to meet the organisation’s needs.  Panel contractors are usually selected due to their capacity or specialty.

Schedule of Rates (SoR) panel contracts are established to expedite the engagement of contractors where works or services are needed repeatedly over a period and where the total value of the contract is unknown at the time it is established.  This enables achievement of better value by:

·    Leveraging economies of scale

·    Minimising administration

·    Ensuring efficient, responsive and continuous service.

The expenditure data for this report was prepared on 5 March 2019 for active SoR panel contracts in use throughout the organisation.  Expenditure to every contractor on these panels is addressed in the attachments.

Background

Expenditure is drawn from budgets which have previously been approved by Council.  Efficiency is achieved because the terms and conditions of SoR contracts are only established once at the beginning of the contract and apply throughout the whole contract term (generally a period of three to five years).

In accordance with the Council’s Procurement Policy the allocation, variation and finalisation of individual orders made under panel contracts may be approved by the CEO or under delegated authority.

Some key points to note include:

1.   The even distribution of spend across panel members is not an objective of the order allocation process.  If more than one panel member can satisfy the stated requirements then an evaluation is conducted to identify which contractor is available, has the most appropriate skills and resources, etc. and ultimately offers best value. 

This means that the value of work allocated to individual contractors over the life of the contract may vary substantially.

2.   The approved Procurement Procedures require that individual SoR contract orders for significant projects:

·    Are limited to a maximum value of:

$500,000 including GST for civil works, or

$100,000 including GST for all other works, goods and services, and -

·    Will predominantly consist of items that are listed in the contract schedules.  Non-scheduled items will only constitute a maximum of 20% of the total order value.

Proposal

Explanatory Notes (Attachment 1) and Panel Contract Expenditure Tables (Confidential Attachment 2) are provided for Council’s information.  The tables detail payments made under all current panel contracts from the contract commencement date through to 5 March 2019.  It is proposed that Council reviews and notes this information.

Consultation

Contract Managers responsible for each contract were consulted for comment in relation to the expenditure.  Relevant commentary is included in Confidential Attachment 2.

Financial Implications

Expenditure under panel contracts is drawn from operational budgets which have previously been approved by Council.  The estimated total expenditure under each panel contract is also approved by Council (or an appropriate Delegate) when the contract is awarded and again whenever it is extended or varied.

Policy strategy and legislation

Regular financial monitoring and reporting of panel contract expenditure is consistent with section 2.2.4 of Council’s Procurement Policy (Responsible Financial Management).

Wherever required, the panel contracts were established in accordance with the requirements of section 186 of the Local Government Act 1989.

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Enabling the vision

Whittlesea 2040 Key Direction     Making it happen

Strategic Objective                        Our Council monitors and evaluates all of its operations

Council Priority                             Organisational Sustainability

Declarations of Conflicts of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.

The Responsible Officer reviewing this report, having made enquiries with the relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

Conclusion

The Panel Contract Expenditure Tables (Confidential Attachment 2) and supporting material indicate that panel contract expenditure is currently being allocated according to processes which enable fairness, transparency and best value.

RECOMMENDATION

THAT Council resolve to note the distribution of work to panel contractors has been managed in a fair and efficient manner that achieves best value.

Council Resolution

Moved:                       Cr Joseph

Seconded:               Cr Sterjova

 

The above Recommendation was adopted unchanged as part of an en bloc Resolution Moved by Cr Joseph, Seconded by Cr Sterjova.   See Section 6 - Officers' Reports for further information on items adopted en bloc.

Carried

 


UNCONFIRMED MINUTESOrdinary Council Minutes                                                                       Tuesday 7 May 2019

 

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UNCONFIRMED MINUTESOrdinary Council Minutes                                                                       Tuesday 7 May 2019

 

6.4.2      Insurance portfolio  

Responsible Officer:           Director Corporate Services

Author:                                  Manager Corporate Accountability and Performance   

 

RECOMMENDATION SUMMARY

It is recommended that Council:

1.      Delegate authority to the CEO to award the best value insurance tender in June 2019. 

2.      Be notified of the tender outcome and insurance costs via confidential memorandum following awarding of tender/s.

KEY FACTS AND / OR ISSUES

·    Council’s current insurance arrangement (covering brokerage and insurance policies) has a current annual cost of $1,006,675 and expires on 30 June 2019.

·    Council is in the process of undertaking a collaborative procurement project with Northern Region Councils through Procurement Australia to determine the best value insurance contracts for Council for the period 1 July 2019 – 30 June 2021 with optional extensions up to two years.

·    The tender process is expected to be completed in late May/early June 2019, however not in time for the Council meeting scheduled for 4 June 2019.

·    Council cannot risk being uninsured and so it is proposed that the CEO is delegated with authority to award the best value tender in June 2019.

 

Report

Background

Council tendered insurance brokerage and policies in 2016/17 and then again in 2017/18 for a two-year period.  Following both tenders it was determined that Jardine Lloyd Thompson was the preferred broker for all insurance with exception of Public Liability and Professional Indemnity insurance which remained with the Liability Mutual Insurance scheme operated by MAV Insurance.

Regis Mutual were engaged to undertake a ‘loss limit validation review’ in March 2017 to identify the appropriate minimal coverage limits for public liability ($250 million), professional indemnity ($250 million) and property insurance ($145 million event, $90 million for any one loss/one location).  Loss limit liability and insurance premium excess options are considered as part of the tendering process.  

In July 2018 the Victorian Auditor-General’s Office (VAGO) released a report to Parliament on Local Government Insurance risks.  A number of recommendations were made in the report which included for councils to “undertake a cost benefit analysis to evaluate whether tendering for insurance, in line with procurement better practice, would provide better outcomes.”

Council’s current insurances are outlined in the table below. 

 

No:

Type of Insurance

Excess

Types of claims

1

Liability insurance

 

 

 

 

1. Public Liability

$20,000

 

Trips, slips & falls on footpaths, at parks and at Council owned properties.

Motor vehicle damage due to potholes, rocks on roads and trees.

Property damage caused by tree roots.

 

 

2. Products
    Liability

 

$20,000

Loss or damage caused by defective unsafe products sold / distributed by Council.

 

 

3.  Professional
     Indemnity

 

$20,000

Loss and damage as a result of incorrect advice / information, inadequate inspections in relation to building permits.

 

2

Property damage – Council owned property

 

 

$5,000

Fire, vandalism, storm damage to Council buildings and property.

Theft of Council property.

NB Policy provides very broad cover for accidental loss or damage to Council assets – it does not cover wear and tear, depreciation, mechanical or electrical breakdown.

 

3

Motor Vehicle –
Council vehicles

$1,000
basic

All accidents involving Council’s fleet of registered vehicles (includes registered trailers) .

4

Motor Vehicle – employee’s vehicles

Nil

Repayment of excess and loss of no claims bonus as a result of an accident whilst using their own vehicle on Council business (policy limit = $1,000).

6

Councillor’s & Officer’s Liability – Employment Practices

$5,000

Losses as a result of wrongful acts of Councillors or Officers (this does not include dishonest or criminal acts).

Costs incurred by Councillors due to legal action relating to the performance of their duties.

7

Personal Accident

Various

Covers Councillors and volunteer workers while engaged in voluntary work/business.

8

Corporate Travel

Various

Covers employees and their spouses and dependent children while on a journey authorised by Council. Does not cover normal commuting between home and work.

9

Crime Insurance

$5,000

Losses from fraudulent or dishonest acts committed by an employee or third party.   (Policy limit = $1.5M).

10

Environmental

$10,000

Clean up costs, bodily injury or property damage from pollution.

11

Cyber

$5,000

Data asset loss, recovery expenses, business interruption cover, fines and penalties, data stored in cloud, hackers, denial of service and a range of network and privacy incidents.

 

Council officers have worked collaboratively with a number of Northern Region councils to engage Procurement Australia to undertake a tender for brokerage of insurance for the next two-year period 2019/20-2020/21 (with optional extensions up to two years). This engagement is expected to achieve improved broker service, better terms and conditions on insurance policies and reduced premiums due to the competitive tension produced through tendering for broker services and indicative premiums.

The tender process will occur over April-May 2019 with the expected decision on insurances to be made in late May/early June 2019, however not in time for the Council meeting scheduled for 4 June 2019.

Proposal

It is proposed that Council delegate authority to the CEO to award the best value tender in June 2019 so that Council’s insurance does not lapse. Council would then be notified of the tender outcome and insurance costs via confidential memorandum.

Consultation

Consultation has occurred internally to obtain information to inform the tender process.  The tender is also a collaborative tender and consultation has occurred with the other participating Councils.

Following receipt of the report and recommendations from Procurement Australia, the tender evaluation panel will meet to make recommendation on best value tender for Council in line with Council’s procurement policy.

Critical Dates

Council’s current insurance lapses on 30 June 2019.  The new two-year contract (with optional extensions) will commence 1 July 2019.

Financial Implications

Council’s insurance portfolio cost $1,006,675 for 2018/19.  The competitive tender process is anticipated to get the best financial outcome for Council for future years.

Policy strategy and legislation

Having appropriate levels of insurance is a key risk management strategy and links to Council’s strategic risks of governance, financial sustainability, environmental, lifecycle asset management, information management and health, safety and welfare.

This process is in line with the Procurement Policy.

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Enabling the vision

Whittlesea 2040 Key Direction     Making it happen

Strategic Objective                        Our Council strives to achieve long term financial sustainability

Council Priority                             Organisational Sustainability

Declarations of Conflicts of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.

The Responsible Officer reviewing this report, having made enquiries with the relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

Conclusion

Council is currently participating in a collaborative northern region tender for insurances for 2019/20-2021/22 with optional extensions up to two years. Council’s current insurances expire 30 June 2019. To ensure Council maintains appropriate insurance coverage from 1 July 2019 it is recommended for the CEO to be delegated authority to award the tender on Council’s behalf in June 2019. A subsequent confidential memorandum would be provided to Council to confirm the outcome of the tender.

 

RECOMMENDATION

THAT Council resolve to:

1.       Delegate authority to the CEO to award the best value insurance tender in June 2019. 

2.       Be notified of the tender outcome and insurance costs via confidential memorandum following awarding of tender/s.

 


Cr Kelly left  the Council Chamber at 9.51pm prior to the vote on this item.


 

COUNCIL RESOLUTIon

Moved:                       Cr Alessi

Seconded:               Cr Joseph

 

THAT Council resolve to:

1.       Delegate authority to the CEO to award the best value insurance tender in June 2019. 

2.       Be notified of the tender outcome and insurance costs via confidential           memorandum following awarding of tender/s.

CARRIED

 


Cr Lalios and Cr Kelly returned to the Council Chamber at 9.52pm following the vote on this item.


Chief Executive Officer Explanatory Note
Cr Sterjova did not return to the Council Chamber prior to the vote on this item as the Councillor had not been notified that the vote on Item 6.3.6, in which Cr Sterjova had declared a conflict of interest and subsequently left the Council Chamber, had occurred.

 

 

 

 

 


UNCONFIRMED MINUTESOrdinary Council Minutes                                                                       Tuesday 7 May 2019

 

6.4.3    Quarterly Safety and Wellbeing report - March 2019 update 

Responsible Officer:           Director Corporate Services

Author:                                  Team Leader Safety Wellbeing   

 

RECOMMENDATION SUMMARY

That Council note the report including the progress of the 2019 Wellbeing Plan and improvement in safety performance.

KEY FACTS AND / OR ISSUES

This is a quarterly report to Council providing an overview of Council’s Occupational Health and Safety (OHS) performance.

Council’s safety performance continues to significantly improve as evidenced through:

·    Significant decrease from 35 to 20 lost time injuries over the past 12 months resulting in Council’s lost time injury frequency rate (nationally recognised measure for safety performance) being the lowest recorded by Council ever (12.6).

·    Significant improvement in successfully returning injured workers to work with the success rate of first return to work increasing from 65% (2017) to 83% (2018) and the days to return to work reducing from 23 (2017) to 10 (2018).

·    All components of the Wellbeing Plan have been achieved or are on track.

·    Council has strong organisational awareness and focus on safety and wellbeing with 97% of staff confirming in the recent survey that they paid attention to Safety (OHS) and Wellbeing at work. This shows a strong indicator of a positive safety culture.

·    Council’s WorkCover premium rate for 2019/20 is anticipated to reduce by 28.6% ($605,000 less) than 2018/19 year. The improvement is based on numerous factors but mainly attributed to our improved safety performance including fewer claims costs, fewer claims and successful return to work.  This also reflects a very strong OHS focused leadership and culture.

Council is meeting all statutory OHS responsibilities and requirements under the OHS Act 2004.

 


 

Introduction

Council has over 1150 employees undertaking a diverse range of roles in various locations.  This includes staff working in the community in such areas as aged services, maternal and child health, youth, community development, roads, parks, school crossings, local laws as well as office based employees and professionals.  Council has a duty of care to comply with legislation and to take reasonable steps to provide a safe environment for Councillors, staff, contractors, volunteers and members of the public.

As ‘Officers’ under the OHS Act 2004, Council has a responsibility to take reasonable steps to acquire knowledge, make decisions and verify performance to be comfortable that Council is meeting OHS responsibilities.

Background

A Council Forum was held on 15 May 2018 where Barry Sherriff, Lawyer and OHS Consultant presented “Effectively managing health and safety – leadership, risk management and compliance”.  This included outlining responsibilities for Councillors as senior officers under the OHS Act 2004.

Quarterly reports to Council provide an overview of Council’s safety performance and initiatives to build a wellbeing culture and effectively manage safety risks.

Proposal

For Council to note the information in this report in relation to safety and wellbeing management at Council.

Council has an Occupational Health and Safety (OHS) management system, policy, procedures and guidelines in place to meet the requirements of the OHS Act 2004.  A proactive approach to managing safety and reducing hazards and risks has been implemented through Council’s 2019 Wellbeing Plan which supports the People Strategy (developed 2017) and includes ‘Wellbeing’ as one of five key focus areas. 

Wellbeing Plan

Council’s Wellbeing Plan identified 32 actions for 2019 sitting under elements of Leadership, Support, Communication, Accountability and Recognition.  The key initiatives and status of the actions are outlined in the table below.  All actions have been achieved or are on track to be achieved in accordance with initial timeframes identified.

Key Initiatives

# actions

Status

1

Continuous improvement of the CoW OHS Management System

3

In progress - on track

2

New OHS Committee Structure established across the Council

2

Achieved

3

Emergency Management procedures are implemented and tested

2

Achieved

4

Develop a Job Task Analysis Register