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Agenda

 

OF Scheduled
COUNCIL MEETING

HELD ON

Tuesday 17 November 2020

AT 3.00pm

summons

 

You are advised that a Meeting of Council has been called by the Chief Executive Officer on Tuesday, 17 November 2020 at 3.00pm for the transaction of the following business.

 

In accordance with section 394 of the Local Government Act 2020 this meeting will be held remotely via electronic means and will be livestreamed via Council’s website.

 

C LLOYD

CHIEF EXECUTIVE OFFICER


Scheduled Council Meeting Agenda                                         Tuesday 17 November 2020

 

 

 

ADMINISTRATORS

 

LYDIA WILSON                            CHAIR OF ADMINISTRATORS

THE HON. BRUCE BILLSON     ADMINISTRATOR

On 19 June 2020 the Acting Minister for Local Government, Daniel Andrews appointed the Panel of Administrators for the City of Whittlesea and appointed Lydia Wilson as Chair of the Panel.  The Panel of Administrators comprises of Ms Lydia Wilson, The Honourable Bruce Billson and Ms Peita Duncan and they will undertake the duties of the Council of the City of Whittlesea until the October 2024 Local Government Election.PEITA DUNCAN                          ADMINISTRATOR

 


Scheduled Council Meeting Agenda                                         Tuesday 17 November 2020

 

 

 

SENIOR OFFICERS

 

 

CRAIG LLOYD                             CHIEF EXECUTIVE OFFICER

KRISTI HIGH                                EXECUTIVE MANAGER CORPORATE AFFAIRS

KATE MCCAUGHEY                   DIRECTOR COMMUNITY WELLBEING

AMY MONTALTI                          DIRECTOR CORPORATE SERVICES & PERFORMANCE

JUSTIN O’MEARA                       DIRECTOR PLANNING & DEVELOPMENT

MICHAEL TONTA                        MANAGER GOVERNANCE

DEBBIE WOOD                           DIRECTOR INFRASTRUCTURE & ENVIRONMENT

 

 


Scheduled Council Meeting Agenda                                        Tuesday 17 November 2020

 

 

ORDER OF BUSINESS

 

The Chief Executive Officer submits the following business:

1.            Opening.. 9

1.1         MEETING OPENING AND INTRODUCTIONS.. 9

1.2         ACKNOWLEDGMENT OF TRADITIONAL OWNERS STATEMENT.. 9

1.3         Present.. 9

2.            Apologies.. 9

3.            Declarations of Interest.. 9

4.            Confirmation of Minutes of Previous Meeting.. 9

5.            Questions, Petitions and Joint Letters.. 9

5.1         Questions To ADMINISTRATORS.. 9

5.2         Petitions for tabling.. 11

5.2.1       REQUEST TO COUNCIL REGARDING RECONSIDERATION OF THE CHANGES TO THE CLOSURE OF MASONS ROAD, MERNDA.. 11

5.3         Joint Letters for tabling.. 13

5.3.1       Request to Council to not remove the trees along Conron Grove, Doreen.. 13

5.3.2       Request TO Council to Install Speed Humps on Wingspan Avenue, South Morang.. 13

6.            Officers' Reports.. 15

6.1         Executive Services.. 15

6.1.1       For Noting - COVID-19 Update on Key Issues - November 2020  15

6.1.2       For Noting - Assemblies of Administrators - 17 November 2020  17

6.2         Planning and Development.. 23

6.2.1       For Decision - Wollert East Community Centre Tender Evaluation.. 23

6.3         Community Wellbeing.. 25

6.3.1       For Decision - Pandemic response registration fee waivers for businesses.. 25

6.3.2       For Decision - Child Safe Policy and Code.. 35

 

 

6.4         Infrastructure and Environment.. 59

6.4.1       For Decision - Lalor Streetscape Improvement Works (Stage 2) Contract 2019-131 - Contract Variation Report. 59

6.4.2       For Decision - Thomastown Streetscape Improvement Works (Stage 2) Contract 2020-82 - Tender Evaluation Report. 65

6.5         Corporate Services and Performance.. 75

6.5.1       For Noting - Panel Contract Expenditure Distribution Report  75

7.            Notices of Motion.. 81

Nil Reports.. 81

8.            Questions to Officers.. 81

9.            Urgent BusineSS.. 81

10.         Reports from Delegates Appointed BY Council TO Other Bodies.. 81

11.         Confidential Business.. 83

11.1       Executive Services.. 83

Nil Reports.. 83

11.2       Planning and Development.. 83

Nil Reports.. 83

11.3       Community Wellbeing.. 83

Nil Reports.. 83

11.4       Infrastructure and Environment.. 83

Nil Reports.. 83

11.5       Corporate Services and Performance.. 83

Nil Reports.. 83

11.6       Notices of Motion.. 83

Nil Reports.. 83

12.         Closure.. 83

 

 


Scheduled Council Meeting Agenda                                         Tuesday 17 November 2020

 

 

Note:

At the Chair of Administrators discretion, the meeting may be closed in accordance with Section 66(2)(a) of the Local Government Act 2020. The provision which is likely to be relied upon to enable closure is set out in each item. These reports are not available for public distribution.

 

 

Question Time:

During the meeting, the Chief Executive Officer will answer questions from residents and ratepayers. Questions should be submitted in writing no later than 3 hours prior to to the advertised commencement time of a scheduled Council Meeting unless this unreasonably prevents or hinders you from participating. A Question Time form can be downloaded from Council’s website and copies of the form are available at the meeting. Refer: https://www.whittlesea.vic.gov.au/about-us/council/council-meetings/

 

Council is committed to ensuring that all residents and ratepayers of the municipality may contribute to Council’s democratic process and therefore, if you have special requirements, please telephone the Governance Team prior to any Council Meeting on 9217 2294.

 

 

Large Attachments:

Where large attachments form part of the Report, due to the size of the attachments – a copy has not been provided in the Agenda document

Copies of these attachments are available for inspection by the public at the following locations:

a)      Council offices at 25 Ferres Boulevard, South Morang; and

b)      Council’s internet site – http://cam.whittlesea.vic.gov.au/

 

 


Scheduled Council Meeting Agenda                                        Tuesday 17 November 2020

 

1.         Opening

1.1       MEETING OPENING AND INTRODUCTIONS

The Chair of Administrators, Lydia Wilson will open the meeting and introduce the Administrators and Chief Executive Officer:

 

Administrator, The Hon. Bruce Billson;

Administrator, Ms Peita Duncan; and

Chief Executive Officer, Mr Craig Lloyd.

 

The Chief Executive Officer, Craig Lloyd will introduce members of the Executive Leadership Team:

 

Executive Manager Corporate Affairs, Ms Kristi High;

Director Community Wellbeing, Ms Kate McCaughey;

Director Corporate Services and Performance; Ms Amy Montalti;

Director Planning and Development, Mr Justin O’Meara;

Manager Governance, Mr Michael Tonta; and

Director Infrastructure and Environment, Ms Debbie Wood.

 

1.2       ACKNOWLEDGMENT OF TRADITIONAL OWNERS STATEMENT

The Chair of Administrators will read the following Acknowledgement of Traditional Owners Statement.

 

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

 

I would also like to personally acknowledge Elders past, present and emerging.

 

1.3       Present

2.         Apologies

3.         Declarations of Interest

4.         Confirmation of Minutes of Previous Meeting

Ordinary Meeting of Council held 6 October 2020.

5.         Questions, Petitions and Joint Letters

5.1       Questions To ADMINISTRATORS

 


Scheduled Council Meeting Agenda                                         Tuesday 17 November 2020

 

5.2       Petitions

5.2.1    REQUEST TO COUNCIL REGARDING RECONSIDERATION OF THE CHANGES TO THE CLOSURE OF MASONS ROAD, MERNDA

A petition from 112 residents was received requesting Council consider the following: 

We the undersigned, residents and ratepayers of Whittlesea City Council, request the Council to reconsider the changes to Masons Road closure due to safety and inconvenience concerns of residents of Masons Road and nearby streets. We support the speed humps, however, the road closure of Masons Road along with the detour we do not support. We would also support the road being closed or restricted to one way as it was during the trial in 2020. However, residential access to Masons Road from Pearson’s Road needs to remain open to homeowners.’

 

RECOMMENDATION

THAT Council resolve to receive the petition regarding reconsideration of the changes to the closure of Masons Road, Mernda and to consider the petition alongside the Masons Road consultation outcomes and traffic management recommendation report at the 7 December 2020 Council meeting.

 

 


Scheduled Council Meeting Agenda                                         Tuesday 17 November 2020

 

5.3       Joint Letters

5.3.1    Request to Council to not remove the trees along Conron Grove, Doreen

A joint letter from 3 residents was received requesting Council consider the following: 

‘We, the undersigned do not agree for Council to have trees removed from Conron Grove, Doreen.’

 

RECOMMENDATION

THAT Council resolve to receive the joint letter from 3 residents of Conron Grove, Doreen and note that all street trees earmarked for removal as part of the recent 2020/21 Street Tree Renewal Program consultation process have been removed and that the trees requested to be retained (including all signatories of this joint letter) have been retained. Noting also that Council Officers will continue to work with residents of Conron Grove throughout the new street tree installation process scheduled for April 2021.

 

 

 

 

5.3.2    Request TO  Council to Install Speed Humps on Wingspan Avenue, South Morang

A joint letter from 10 residents was received requesting Council consider the following: 

‘We the undersigned residents of Wingspan Avenue, South Morang Victoria 3752 request speed humps to be installed on our street.’

 

RECOMMENDATION

THAT Council resolve to receive the joint letter from 10 residents and refer the issue outlined in the joint letter to Officers to contact the head signatory and affected residents to attempt to resolve the issue and partner with the Victorian police to address the hoon-like behaviour. A report back to Council regarding the issue will be presented at the 2 March 2021 Council Meeting.

 

   


Scheduled Council Meeting Agenda                                         Tuesday 17 November 2020

 

6.         Officers' Reports

6.1       Executive Services

6.1.1      For Noting - COVID-19 Update on Key Issues - November 2020  

Responsible Officer:           Chief Executive Officer

Author:                                  Chief Executive Officer   

 

The COVID-19 Update will be provided verbally by the Chief Executive Officer at the 17 November 2020 Council meeting.

Following the meeting, the COVID-19 Update report will be incorporated into the 17 November 2020 Scheduled Council Meeting Minutes in order to ensure that it contains the most up to date information regarding the pandemic situation.

 


Scheduled Council Meeting Agenda                                         Tuesday 17 November 2020

 

6.1.2      For Noting - Assemblies of Administrators - 17 November 2020  

Responsible Officer:           Chief Executive Officer

Author:                                  Governance Officer   

 

recommendation summary

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

BRIEF OVERVIEW

The Council is required to note at a Council Meeting that meetings involving Administrators have taken place and topics discussed.  This report provides details involving the Panel of Administrators within the last month.

rationale for recommendation

It was a requirement up until the 24 October 2020 of the Local Government Act 1989 for Assemblies of Councillors (Administrators) records to be reported to Council. This report will continue to be presented to each monthly Council meeting in accordance with Chapter 6 of the Governance Rules as Informal Meetings of Administrators. 

impacts of recommendation

Records relating to the Assemblies of Administrators will be reported until 24 October 2020. From this time Informal Meetings of Administrators will be presented at each Council meeting in accordance with Chapter 6 of the Governance Rules.

what measures will be put in place to manage impacts

No impacts are expected.  On rare occasions an item considered at a meeting receives a media enquiry.  If requests for more information are received, these will be managed by our communications team in consultation with the Chair of Administrators.

 

 


 

Report

Background

The Local Government Act 1989 required records relating to the Assemblies of Councillors (Administrators) to be reported to an ordinary Council meeting and recorded in the minutes of that meeting. This legislative requirement was repealed on 24 October 2020. From this time records relating to the Informal Meetings of Administrators will be presented at each Council meeting in accordance with Chapter 6 of the Governance Rules.

The Local Government (Whittlesea City Council) Act 2020 dismissed all Councillors from the City of Whittlesea effective Saturday 21 March 2020.  Ms Lydia Wilson was appointed Interim Administrator for a three-month period commencing on 21 March 2020.

On 19 June 2020, the Panel of Administrators for the City of Whittlesea were appointed.  The Panel of Administrators comprises of Chair Ms Lydia Wilson, the Hon Bruce Billson and Ms Peita Duncan.

Ms Lydia Wilson, the Hon Bruce Billson and Ms Peita Duncan will carry out the role, responsibilities and functions of a Councillor as set out in Section 231(1)(a) of the Local Government Act 2020 until their appointment ends following the October 2024 Local Government Elections.

A meeting is an assembly of Administrators 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 an Administrator and a member of Council staff; or

·    An advisory committee of Council where an Administrator is present.

Records are kept regarding an assembly of Administrators which lists an Administrator and members of Council staff attending, the matters discussed, disclosures of conflict of interest and whether an Administrator left the meeting after making a disclosure.

In accordance with Rule 1 (Chapter 6) of the Governance Rules 2020 an Informal Meeting of Administrators is a meeting of at least one Administrator that is:

·    scheduled or planned for the purpose of discussing the business of Council or briefing Administrators;

·    attended by at least one Officer; and

·    not a Council Meeting, Delegated Committee Meeting or Community Asset Committee Meeting.

The Chief Executive Officer must ensure that a summary of the matters discussed at the meeting are tabled at the next Council Meeting and recorded in the minutes of that Meeting.


 

Proposal

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

Assembly Details

Administrator attendee

Officer attendees

Matters discussed

Administrator Briefing

15 September 2020

Lydia Wilson

(Chair)

The Hon Bruce Billson

(Administrator)

Peita Duncan (Administrator)

ACEO

CIPC

CSPED

DCRS

DCS

DCTP

DPPE

EMCA

MCBP

MG

MSPED

SAA

SSP

TLCIP

TLHP

TLSPP

 

1.   Advocacy Workshop – Gambling, Mental Health, Suicide Prevention & Family Violence.

2.   Wollert East Community Centre, Partnership Delivery with the VSBA.

3.   Approval of 25 Hunters Road and 80 McArthurs Road, South Morang Development Plan.

4.   General Business: COVID-19 Update.

Nil disclosures

Administrator Briefing

22 September 2020

 

Lydia Wilson

(Chair)

The Hon Bruce Billson

(Administrator)

Peita Duncan (Administrator)

CSPED

DCS

DCTP

DPPE

EMCA

MG

MRPFM

MSPED

 

1.  Council Properties Review.

2.  Epping Cemetery Overview & History.

3.  Governance Update – Public Question Time Policy and the Procedural Matters Local Law.

4.  General Business:

a.   COVID-19 Update.

b.   Administrator Protocols.

c.   Conflict of Interest Changes.

5.  Riverlee Development.

External attendees for this item:

Richard Johnstone, Project Director of Riverlee

David Lee, Development Director of Riverlee.

Nil disclosures

 

Administrator Briefing

29 September 2020

 

Lydia Wilson

(Chair)

The Hon Bruce Billson

(Administrator)

Peita Duncan (Administrator)

 

ACEO

AMCDT

CSPED

DCRS

DCS

DCTP

DPPE

EMCA

EOSP

MCP

MG

MSPED

SAA

SWSO

TLBM

ULDE

 

1.   Advocacy Workshop – Sustainable Environment.

Consideration of items numbered 2, 3 and 4 were deferred to a future meeting in order to allow for the upcoming new Chief Executive Officer, Mr Craig Lloyd to be present:

2.   Community Engagement Policy.

3.   Integrated Community Engagement.

4.   Sporting and Community Pavilion Guidelines and Sports Lighting Policy Update.

5.   Yan Yean Road Stage 2 Upgrade Project.

6.   General Business:

a.       COVID-19 Update.

b.       Council Meeting 6 October 2020.

Nil disclosures

 

 

 

 

 

 

Administrator Briefing

6 October 2020

Lydia Wilson

(Chair)

The Hon Bruce Billson

(Administrator)

Peita Duncan (Administrator)

 

 

 

 

ACEO

DCRS

DCS

DCTP

DPPE

EMCA

MG

MLCF

TLMLF

TLP

 

1.  Discussion on Item 6.5.1 from 6 October 2020 Council Meeting Agenda – Management & Operation of Mill Park Leisure Centre & Whittlesea Swim Centre – Tender Evaluation.

2.  General Business:

a.       COVID-19 Update.

b.       Legal Matters Update.

 

The Hon Bruce Billson declared a conflicting personal interest in relation to item 1. No other declarations of interest were made at this meeting.

 

Administrator Briefing

20 October 2020

Lydia Wilson

(Chair)

The Hon Bruce Billson

(Administrator)

Peita Duncan (Administrator)

 

CEO

DCRS

DCS

DCTP

DPPE

EMCA

MG

MCAP

MPUD

TLPRD

 

1.   Legal Update – Changes to Conflict of Interest Provisions.

      External attendee for this item: Kate Oliver, Partner at Maddocks Lawyers.

2.   Confidential item: Street Tree Renewal Program Laurimar 1C.

3.   General Business:

a.       COVID-19 Update.

Nil disclosures

Administrator Briefing

27 October 2020

Lydia Wilson

(Chair)

The Hon Bruce Billson

(Administrator)

Peita Duncan (Administrator)

 

CEO

DCRS

DCS

DCTP

DPPE

EMCA

MG

CIPC

EOSFP

EOSP

MCBP

PBUM

TLSP

SERA

WFVO

 

1.  Child Safe Training.

2.  Child Safe Policy and Code.

3.  Wollert East CAC Tender Evaluation.

4.  Integrated Water Management Strategy.

5.  Pandemic Response Registration Fee Waivers for Business.

6.  General Business:

a.       COVID-19 Update (including Business Grants).

Nil disclosures

 

 

 

 

 

 

 

 

 

 

 

The table below represents an Index of Officer titles:

Initials

Title of Officer

Initials

Title of Officer

ACEO

Acting Chief Executive Officer – Joe Carbone

MRPFM

Manager Rates, Property & Facilities Management – Gino Mitrione

AMCDT

Acting Manager City Design & Transport – Michael Butler

MSPED

Manager Strategic Planning & Economic Development – George Saisanas

CEO

Chief Executive Officer – Craig Lloyd

PBUM

Pandemic Business Unit Manager – Neville Kurth

CIPC

Community Infrastructure Project Coordinator – Jillian Bambach

SAA

Senior Advocacy Advisor – Michele Purtle

CSPED

Coordinator Strategic Planning & Economic Development – Liam Wilkinson

SERA

Senior Employee Relations Advisor – Anna Micallef

DCRS

Director Corporate Services – Amy Montalti

SSP

Senior Strategic Planner – Fiona Ryan

DCS

Director Community Services – Belgin Besim

SWSO

Senior Waste Services Officer – Simone Chetwynd-Brown

DCTP

Director City Transport & Presentation – Ben Harries

TLBM

Team Leader Biodiversity Management – James Booth

DPPE

Director Partnerships, Planning & Engagement – Julian Edwards

TLCIP

Team Leader Community Infrastructure Planning – David Mazzotta

EMCA

Executive Manager Corporate Affairs – Kristi High

TLHP

Team Leader Health Planning – Philippa McLean

EOSFP

Executive Officer Sustainability Flagship Project – Karen Rosenberg

TLMLF

Team Leader Major Leisure Facilities – Jacinda Hunt

EOSP

Executive Officer Sustainability Planning – Felicity Ayres

TLP

Team Leader Procurement – Tom Masters

MCAP

Manager Corporate Accountability & Performance – Frank Joyce

TLPRD

Team Leader Public Realm Development – Adrian Napoleone

MCP

Manager City Presentation – Anthony Kyrkou

TLSP

Team Leader Sustainability Policy Program – Fleur Anderson

MCBP

Manager Community Building & Planning – Joanne Kyrkilis

TLSPP

Team Leader Social Policy & Planning – Carmen Faelis

MG

Manager Governance – Michael Tonta

ULDE

Unit Leader Development Engineer – Arashdeep Singh

MLCF

Manager Leisure & Community Facilities – Benjamin Waterhouse

WFVO

Working For Victoria Officer (Child Safe Implementation) – Jenna James

MPUD

Manager Parks & Urban Design – Susan Hecker

 

 

Consultation

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

Financial Implications

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

Policy Strategy and Legislation

Section 9(2)(i) of the Local Government Act 2020 provides that Council must in the performance of its role give effect to the overarching  governance principles which includes that the transparency of Council’s decisions, actions and information is to be ensured.

Up until 24 October 2020, section 80A of the Local Government Act 1989 required that the Chief Executive Officer must ensure that the written record of an assembly of Administrators is, as soon as practicable:

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

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

Records of meetings that are attended by Administrators will continue to be presented at Council meetings in accordance with Chapter 6 of the Governance Rules as Informal Meetings of Administrators.

link to strategic risks

Strategic Risk Governance - Ineffective governance of Council’s operations and activities resulting in either a legislative or policy breach

In accordance with Chapter 6 of the Governance Rules Informal Meetings of Administrators will be presented at each monthly Council meeting.

Links to whittlesea 2040 and the CoUNCIL Plan

Goal                                                 Enabling the vision

Key Direction                                 Making it happen

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 130 of the Local Government Act 2020 and Chapter 5.7 of the Governance Rules 2020 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 the report containing details of the business transacted at recent Assemblies of Administrators meetings be noted.

 

Recommendation

THAT Council note the record of the Assemblies of Administrators meetings to the period ending 23 October 2020 and the Informal Meeting of Administrators that took place on 27 October 2020 as set out in the table in the report.

  


Scheduled Council Meeting Agenda                                         Tuesday 17 November 2020

 

6.2       Planning and Development

ITEM 6.2.1      For Decision - Wollert East Community Centre Tender Evaluation   

Responsible Officer:           Director Planning & Development

Author:                                  Community Infrastructure Project Coordinator   

 

Report

This report is currently under production and will be distributed separately.

  


Scheduled Council Meeting Agenda                                         Tuesday 17 November 2020

 

6.3       Community Wellbeing

ITEM 6.3.1      For Decision - Pandemic response registration fee waivers for businesses 

Attachments:                        1        Review of registered premises impact of Covid-19 restrictions   

Responsible Officer:           Director Community Wellbeing

Author:                                  Team Leader Health Services   

 

RECOMMENDATION SUMMARY

That Council endorse 2021 registration fee waivers for 1,180 local businesses registered under the Food Act 1984 and the Public Health and Wellbeing Act 2008 that have been significantly impacted by the State Government COVID-19 restrictions during 2020 (Attachment 1). 

The Chief Executive Officer (CEO) be authorised to review any appeals made to Council from registered businesses that have been identified as not significantly affected by the COVID-19 restrictions.

Brief overview

This fee waiver proposal builds on Councils existing Pandemic Business Relief and Resilience Program to provide further support to registered businesses as part of Council’s Pandemic Action Plan.  It is recommended that Council approve a renewal of registration fee waiver for Food Act and Public Health and Wellbeing Act registered businesses, most affected by the State Government COVID-19 restrictions.  This will directly support 1,180 registered businesses in the municipality.

rationale for recommendation

The majority of registered businesses have been impacted by the COVID–19 restrictions.  All businesses have paid annual registration fees to Council for the calendar year 2020 and most have been unable to operate or have had significantly reduced operations.  The rationale for this proposal is to provide a fee waiver for 2021 in recognition of the financial hardship experienced by registered businesses most affected by the COVID-19 restrictions.  This fee waiver will only impact the current financial year and is considered a proportionate response by Council given the unprecedented nature of this public health and economic emergency.

impacts of recommendation

The impact of this proposal will be financial support to the most COVID-19 affected registered business as they will not be required to pay their 2021 renewal of registration fee.  This will result in a $506,958 reduction in registration fees in the 2020/21 financial year. This will build on Council’s existing Business Relief and Resilience Program.

what measures will be put in place to manage impacts

The endorsement of the proposed economic support package will be communicated to all affected businesses.  Based on feedback already received from businesses, it is anticipated that this package will be favourably received as many have expressed concern about their financial viability and have suggested via surveys that fee waivers are an appropriate  response from Council to support businesses to recover from this Pandemic .  Council’s Communication and Economic Development Teams will also ensure that Council’s commitment to supporting economic recovery and local businesses is effectively communicated.

Businesses types that have been identified as not significantly affected by the COVID-19 restrictions can request a review by the Chief Executive Officer to determine if the registration fee will be waived or partially waived.

 

Report

Background

Council annually registers food businesses under the Food Act 1984 as well as beauty therapy, skin penetration (i.e. tattooist, body piercing) and prescribed accommodation (i.e. hotels/motels, rooming houses) businesses under the Public Health and Wellbeing (PHW) Act 2008.  The income from these fees offset the costs of Council’s inspection and surveillance programs for the calendar year.  Council sets registration fees as part of the annual budget process and can waive fees if warranted.

Due to the impact on businesses from Stage 3 and subsequently Stage 4 restrictions, Council consideration of registration fee waivers for affected businesses was identified as a potential action in Council’s Pandemic Action Plan.

The Environmental Health Team undertook a review of the effects of COVID-19 restrictions on registered businesses (refer Attachment 1).  Based on an assessment of each of the business types across the various stages of restrictions it has been estimated that approximately 93% of registered businesses have been significantly affected by COVID-19 restrictions over the last six months. 

The assessment also found that a limited number of registered business types had continued to operate relatively unhindered by the restrictions.  These are as follows:

·    Food Act – Supermarkets, Aged Care Facility kitchens, Fruit & Veg Storage, Pack & Disposal and Internet Food Retailer. 

·    PHW Act - Prescribed Accommodation (Rooming Houses)

The total number of premises within these business types is 84; these premises do not receive a fee waiver for 2021.  Businesses can appeal to the Chief Executive Officer to request a review if warranted.

Proposal

It is proposed that Council consider this economic support package and fully waive renewal of registration fees for 2021 for the 1,180 identified registered businesses.

It is further recommended that the identified business types above that have not been significantly affected by the COVID-19 restrictions do not receive a fee waiver for 2021. Furthermore, that the Chief Executive Officer be authorised to review any appeal from these businesses.

Consultation

The Economic Development Team has been extensively consulting with businesses during the pandemic regarding the effects of the COVID-19 restrictions.  Surveys and anecdotal evidence confirm that the hospitality and beauty services industry were among sectors that were extremely impacted, and many have remained closed since May 2020. A survey conducted with businesses revealed that businesses support fee waivers as an appropriate action for Council to take to support businesses during and after the Pandemic. 

The level of enquiries to the Environmental Health Team has also been steadily rising as businesses are aware that 2021 renewal notices will be sent out in November 2020.

 

Benchmarking has been conducted with other North/West Councils and it has been identified that 10 Councils will be waiving the 2021 renewal fees for registered businesses as follows:

·    100% (6 Councils – Banyule, Darebin, Hobson’s Bay, Hume, Melton & Yarra)

·    50% (3 Councils – Maribyrnong, Moonee Valley & Wyndham)

·    30% (1 Council – Nillumbik)

Critical Dates

A decision on registration fee waivers is required in November 2020, as renewal of registration notifications will be sent out to businesses in late November to enable them to legally operate in the 2021 calendar year.

Financial Implications

The table below represents the projected loss of revenue expected as a result of waiving renewal of registration fees.  This calculation is based on the number of registered businesses as of 1 October 2020.

 

 

Number of Businesses to receive the renewal fee waiver

Total Cost

Food Act Businesses

 

993

$485,711

PHW Businesses

 

187

$21,247

Total

1,180

$506,958

Policy strategy and legislation

The Food Act 1984 and Public Health and Wellbeing Act 2008 authorise Council to approve, register and renew the registration of designated business types.  The annual renewal of registration fees subsidises the operating costs of the inspection and surveillance programs.  These fees are set by Council and reflect operational costs to undertake the required legislative functions.  Council does have the discretion to waive fees.

Council has a Food Safety Management Policy which takes a risk-based approach to surveillance of food premises.  Fees for the various types of food businesses are based on risk classifications which inform the frequency of annual surveillance.    

link to strategic risks

Strategic Risk Financial Sustainability - Inability to meet current and future expenditure

Waiver of renewal of registration fees for 2021 will significantly impact the income of the Food and Public Health surveillance programs with a combined reduction of $506,958.  This reduction of income will only impact financially on the current financial year and is considered a proportionate response by Council given the unprecedented nature of this public health and economic emergency

 

Links to whittlesea 2040 and the CoUNCIL Plan

Goal                                       Strong local economy

Key Direction                        Successful, innovative local businesses

 

This proposal will assist many of the small businesses hardest hit by COVID-19 restrictions to recover through the difficult initial stages of re-establishing their businesses in the new COVID normal.  The waiver of the 2021 registration fee will result in one less cost that the business will have to meet as they move to recover to a new COVID normal in 2021. 

Declarations of Conflicts of Interest

Under Section 130 of the Local Government Act 2020 and Chapter 5.7 of the Governance Rules 2020, officers providing advice to Council are required to disclose any conflict of interest they have in a matter and explain the nature of the conflict.

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

Most registered businesses have been impacted by the State Government Stage 3 and Stage 4 restrictions.  There are still more challenges ahead for many of these businesses and no clear dates have been set for when there will be a ‘COVID normal’. 

By providing a registration fee waiver Council will be assisting local businesses to begin the road to recovery and will support the many struggling small businesses to continue to operate into 2021.

 

RECOMMENDATION

THAT Council resolve to:

1.       Waive registration fees for the 2021 calendar year for 1,180 local businesses under the Food Act 1984 and the Public Health and Wellbeing Act 2008, that have been significantly impacted by the State Government COVID-19 restrictions during 2020.

2.       Authorise the Chief Executive Officer to review any appeals made to Council from registered businesses that have been identified as not significantly affected by the COVID-19 restrictions.

 

 


Scheduled Council Meeting Agenda                                                      Tuesday 17 November 2020

 

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Scheduled Council Meeting Agenda                                         Tuesday 17 November 2020

 

ITEM 6.3.2      For Decision - Child Safe Policy and Code 

Attachments:                        1        Child Safe Policy

2        Child Safe Code   

Responsible Officer:           Director Community Wellbeing

Author:                                  Senior Employee Relations Advisor    

 

RECOMMENDATION SUMMARY

That Council resolve to adopt the Child Safe Policy and Child Safe Code as set out in Attachments 1 and 2.

Brief overview

It is proposed to adopt the Child Safe Policy and Child Safe Code in accordance with Council’s responsibilities under the Child Safe Standards and Reportable Conduct Scheme.  The proposed Policy and Code would replace the 2019 City of Whittlesea (CoW) Child Safe Policy that currently does not apply to Administrators. 

rationale for recommendation

An internal audit of Child Safety at CoW was undertaken in early 2020 (the Child Safe Audit) and its recommendations were adopted by the Audit and Risk Committee. In accordance with the Child Safe Audit action items, it is now proposed that the 2019 CoW Child Safe Policy be replaced by the new Child Safe Policy (which extends coverage to Administrators), and that a new Child Safe Code be established.

impacts of recommendation

Adoption of the Child Safe Policy and Child Safe Code will meet Council’s regulatory obligations, accomplish the audit action items relating to the Policy and demonstrate CoW’s commitment to Child Safety.

what measures will be put in place to manage impacts

The Child Safe Policy would be promoted externally and internally through a detailed communications plan which is being developed in line with the Child Safe Audit recommendations.

 

Report

Background

In February 2019, the Executive Leadership Team (ELT) endorsed the 2019 City of Whittlesea Child Safe Policy, which sets out staff’s responsibilities under the Child Safe Standards and the Reportable Conduct Scheme.

The Child Safe Standards

On 1 January 2016 the Child Safe Standards (CSS) were introduced in Victoria. These are minimum standards to protect the safety of children in organisations, and apply to all organisations providing services for children, including CoW. Under this legislation and the criminal law, CoW is required to actively manage child safety issues. CoW and its staff and contractors have significant obligations to protect children from harm. The law requires CoW to implement the following Child Safe Standards:

1.       Strategies to embed an organisational culture of child safety, through effective leadership arrangements.

2.       A child safe policy or statement of commitment to child safety.

3.       A code of conduct that establishes clear expectations for appropriate behaviour with children.

4.       Screening, supervision, training and other human resources practices that reduce the risk of child abuse by new and existing personnel.

5.       Processes for responding to and reporting suspected child abuse.

6.       Strategies to identify and reduce or remove risks of child abuse.

7.       Strategies to promote the participation and empowerment of children.

The Reportable Conduct Scheme

From 1 January 2019, CoW is also required to comply with the Reportable Conduct Scheme (RCS). This is a notification scheme, which requires reporting of any child abuse allegations against employees, contractors, volunteers and office holders to the Commission for Children and Young People (Commission). The RCS sits alongside the other reporting processes such as Child Protection, the criminal law (Police) and mandatory reporting. It does not replace the need to report allegations, such as criminal conduct and family violence, to the Police or Child Protection.

 

 

The RCS requires CoW to:

·    Have in place systems to prevent child abuse;

·    Ensure allegations can be brought to the attention of appropriate persons for investigation and response as soon as possible if child abuse is alleged; and

·    Ensure the Commission is notified and given updates on CoW’s response to an allegation.

The Chief Executive Officer (CEO) is legally accountable for ensuring that Council is compliant with the Child Safe Standards and Reportable Conduct Scheme.

The 2019 CoW Child Safe Policy currently sets out Council’s approach to child safety and reporting, and ensure Council is legally compliant with the CSS and the RCS. This Policy is supplemented by internal reporting procedures which are currently under review.

Proposal

On 30 October 2019, ELT endorsed the 2019 CoW Child Safe Policy that currently applies at CoW. That Policy does not include Councillors or Administrators in the scope.

The 2019 CoW Child Safe Policy was reviewed in detail by the Child Safe Audit, and minor changes were recommended to meet best practice in this area. These included better supporting Councillors (or in CoW’s case, Administrators) to meet their Child Safe obligations, and ensuring our commitment to child safety is strongly and broadly communicated to our organisation internally as well as the public. Extension of the scope of the Policy to Administrators is considered necessary to achieve this objective, and additionally, public endorsement of the Policy at a Council meeting conveys CoW’s strong public commitment to Child Safety.

The proposed Child Safe Policy is at Attachment 1. It includes a review date of 17 November 2022 to ensure the Policy is a “living document”.

A proposed Child Safe Code has also been created to support the proposed Child Safe Policy, by explicitly establishing safe behaviour with and around children for all people associated with Council (Attachment 2).

The changes to the Policy and the establishment of the Code are consistent with Council’s commitment to being a Child Safe workplace, with the outcomes of the Child Safe Audit which have been accepted by the Audit and Risk Committee and ELT, and take further steps towards Council achieving best practice in Child Safety.

Consultation

Several rounds of consultation have taken place with key internal CoW stakeholders, as well as with the unions. The approaches taken by, and experiences of, other Victorian Councils have also been drawn upon, to design an approach that best satisfies the requirements of the audit and models a best practice approach to Child Safety.

Critical Dates

High priority action items arising from the Child Safe Audit have an initial (Council Officer nominated) target date of 30 October 2020 (noting this is less than the 6-month target date proposed by the auditors, which is 28 November 2020).

Financial Implications

Proactive child safety risk management will lead to reduced investigation costs, increased productivity and morale, and lower litigation exposure.

Policy strategy and legislation

The proposed Child Safe Policy is established in accordance with the requirements of the Child Safe Standards and Reportable Conduct Scheme which are established under the Child Wellbeing and Safety Act 2005.

There are a significant number of CoW policy and strategy documents linked to the proposed Policy and Code, which are listed under Key Linkages in the proposed Policy.

link to strategic risks

Strategic Risk Health, Safety and Welfare - Failure of safety and risk management systems resulting in serious injury or harm to staff or member of public

Failure to manage child safety could result in catastrophic harm to one or more members of our community.

Strategic Risk Governance - Ineffective governance of Council’s operations and activities resulting in either a legislative or policy breach

Failure to comply with the CSS or RCS will result in a legislative breach with potential civil or criminal penalties for CoW or the CEO.

Links to whittlesea 2040 and the CoUNCIL Plan

Goal                                       Connected community

Key Direction                        A healthy and safe community

 

‘Wellbeing’ is one of five key focus areas in CoW’s People Plan and is also one of CoW’s five values. This report addresses the framework for how we will proactively manage child safety at CoW and in our community, to create an environment that promotes the wellbeing of staff and the children in our care and the wider community.

Declarations of Conflicts of Interest

Under Section 130 of the Local Government Act 2020 and Chapter 5.7 of the Governance Rules 2020, officers providing advice to Council are required to disclose any conflict of interest they have in a matter and explain the nature of the conflict.

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

The implementation of recommendations from the Child Safe Audit, including the adoption of the proposed Child Safe Policy and the establishment of the new Child Safe Code, will ensure CoW is compliant with child safety legislation and best practice.

 

RECOMMENDATION

THAT Council resolve to adopt the Child Safe Policy and Child Safe Code as set out in Attachments 1 and 2.

 


Scheduled Council Meeting Agenda                                                      Tuesday 17 November 2020

 

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Scheduled Council Meeting Agenda                                                      Tuesday 17 November 2020

 

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Scheduled Council Meeting Agenda                                         Tuesday 17 November 2020

 

6.4       Infrastructure and Environment

6.4.1      For Decision - Lalor Streetscape Improvement Works (Stage 2) Contract 2019-131 - Contract Variation Report

Attachments:                        1        Details of Variation - Confidential

This Attachment has been designated as confidential information under section 66(5) of the Local Government Act 2020 on the grounds that it contains details relating to private commercial information, being information provided by a business, commercial or financial undertaking that—  (i) relates to trade secrets; or (ii) if released, would unreasonably expose the business, commercial or financial undertaking to disadvantage. The attachment contains variation amounts submitted by the Contractor and provided to Council in confidence. The release of this information could reasonably be expected to prejudice the commercial position of the persons who supplied the information or to confer a commercial advantage on a third party.  

2        Lalor Central Walkway Link   

Responsible Officer:           Director Infrastructure & Environment

Author:                                  Senior Contracts Executive   

 

RECOMMENDATION SUMMARY

That Council resolve, in relation to Contract No. 2019-131, for the Lalor Streetscape Improvement Works (Stage 2) to:

1.       Approve a variation of $514,675.74 (excluding GST) making a revised contract sum of $2,811,341.55 (excluding GST), to enable the works to commence in November 2020 to meet the milestone condition of the State Government Economic Stimulus Grant provided towards this project.

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

3.       Note that the recent $500,000 financial contribution to this project from the State Government’s Suburban Revitalisation Program is a valuable contribution to enable the revitalisation works in this shopping centre to be completed.  This contribution will be formally acknowledged with the installation of a plaque at the end of the works.

Brief overview

A contract was awarded to Evergreen Civil Pty Ltd in March 2020 to undertake improvement works in the shopping centre (stage 2).  A contract variation is now required for Evergreen Civil Pty Ltd to undertake the additional improvement works to complete the project.  The additional works include a new raised pedestrian link and separate turning lanes in May Road between the Lalor shops and the Lalor Library, to improve safety and traffic circulation. 

rationale for recommendation

This variation is essential to meet the funding condition for the works to commence in November 2020.  This commencement date is an essential condition of the State Government's Suburban Revitalisation Grant.  Evergreen Civil Pty Ltd is currently undertaking stage 2 improvement works and it is not possible to accommodate another contractor in this area to undertake the additional works, for safety and logistic reasons. 

impacts of recommendation

Approval of the contract variation will enable Evergreen Civil Pty Ltd to commence the additional works within the milestone condition of the State Government Suburban Revitalisation Grant. 

what measures will be put in place to manage impacts

Regular communication with local traders and the local community will continue, as is the case with the current works at this site in Lalor to minimise the impact on businesses during the construction period.

 

Report

Background

The streetscape improvement works to the Lalor Activity Centre on Station Street, Lalor is a key initiative in delivering the Lalor Master Plan that was endorsed by Council in 2012.

A contract was awarded to Evergreen Civil Pty Ltd on 3 March 2020 to undertake improvement works in the shopping centre (stage 2).  This involved streetscape improvements to approximately 50% of the Activity centre along Station Street and David Street, including a new public toilet amenity in David Street.  In addition, the Station Street/David Street roundabout will be reconstructed to improve road safety.  These works are expected to be completed in early 2021. 

Council has recently received funding from the State Government Suburban Revitalisation Program to deliver a raised pedestrian link in May Road between the Lalor shops and the Lalor Library.  This will include a new public space in the centre of May Road with seating, trees and garden beds.  In addition, separate vehicle turning lanes will be provided on either side of the pedestrian link to allow cars to safely circulate around the car park.  Refer attachment.  These funds are an important contribution towards improving local access and amenity as well as generating employment in a post-COVID environment.  

Consultation and engagement of the local community has been ongoing throughout this project and will continue for the next stage of improvement works, with direct engagement of the Lalor Trader Association, mail out to local traders and residents and use of social media.  This will be guided by the Victorian Small Business Engagement Guideline.

The existing contract has been performed satisfactory to date and is expected to be completed in early 2021.  A contract variation is required for Evergreen Civil Pty Ltd to undertake these additional improvement works as it is not possible to accommodate another contractor in this area to undertake the additional works for safety and logistic reasons. 

VARIATION

A variation of $514,675.74 is now required to undertake additional works that have been funded from the State Government Suburban Revitalisation Program, as part of their $2.7 billion Building Works Economic Stimulus Package. 

The additional works will be undertaken in accordance with the scheduled rates as part of the current contract.  These prices were benchmarked against current market rates and were assessed as competitive.  Further details of the requested variation are provided in the confidential attachment.

FINANCIAL IMPLICATIONS

Sufficient funding for this contract is available in the New Works (Capital) budget for the Lalor and Thomastown Streetscape Improvement Program together with the additional State Government funding provided as part of the Suburban Revitalisation Program.

link to strategic risks

Strategic Risk Contractor Management - Failure to manage contractors to deliver agreed outcomes

Links to WHITTLESEA 2040 AND the CoUNCIL Plan

Goal                                                 Connected community

Key Direction                                 A socially cohesive community

The additional improvement works primarily focus on creating new public spaces for the community to use and improve the traffic circulation within the shopping centre.

Declarations of Conflicts of Interest

Under Section 130 of the Local Government Act 2020 and Chapter 5.7 of the Governance Rules 2020, officers providing advice to Council are required to disclose any conflict of interest they have in a matter and explain the nature of the conflict.

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

Variation 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. 2019-131, for the Lalor Streetscape Improvement Works (Stage 2) to:

1.       Approve a variation of $514,675.74 (excluding GST) making a revised contract sum of $2,811,341.55 (excluding GST) to enable the works to commence in November 2020 to meet the milestone condition of the State Government Economic Stimulus Grant towards this project.

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

3.       Note that the recent $500,000 financial contribution to this project from the State Government’s Suburban Revitalisation Program is a valuable contribution to enable the revitalisation works in this shopping centre to be completed.  This contribution will be formally acknowledged with the installation of a plaque at the end of the works.

 

 


Scheduled Council Meeting Agenda                                                                            Tuesday 17 November 2020

 


Scheduled Council Meeting Agenda                                         Tuesday 17 November 2020

 

6.4.2      For Decision - Thomastown Streetscape Improvement Works (Stage 2) Contract 2020-82 - Tender Evaluation Report

Attachments:                        1        Detailed Evaluation - Confidential

This Attachment has been designated as confidential information under section 66(5) of the Local Government Act 2020 on the grounds that it contains details relating to private commercial information, being information provided by a business, commercial or financial undertaking that—  (i) relates to trade secrets; or (ii) if released, would unreasonably expose the business, commercial or financial undertaking to disadvantage. The attachment contains tender amounts submitted by tenderers and tender evaluation scoring prepared by Council officers.  It also contains details of credit and reference checks about the tenderers provided to Council in confidence. The release of this information could reasonably be expected to prejudice the commercial position of the persons who supplied the information or to confer a commercial advantage on a third party.  

2        Site Plan - 1 of 2

3        Site Plan - 2 of 2   

Responsible Officer:           Director Infrastructure & Environment

Author:                                  Senior Contracts Executive   

 

RECOMMENDATION SUMMARY

That Council resolve to:

1.   Accept the tender submitted by GP Bluestone Pty Ltd for the sum of $1,342,030 (excluding GST) for the following contract:

Number:     2020-82

Title:           Thomastown Streetscape Improvement Works (Stage 2)

subject to the following conditions:

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

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

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

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

3.   Note that the recent $500,000 financial contribution to this project from the State Government’s Suburban Revitalisation Program is a valuable contribution to enable the revitalisation works in this shopping centre to be completed.  This contribution will be formally acknowledged with the installation of a plaque at the end of the works.

Brief overview

Tenders were publicly advertised for the second stage of the works that includes streetscape improvements to the northern end of the centre, commencing at Highlands Road and finishing at Pleasant Road.  Road crossing thresholds will be constructed for improved safety and footpaths replaced in selected areas.  The War Memorial public space will also be upgraded.  This is the final component of work to complete this project. 

 

 

 

The tender evaluation panel advises that:

·                seven tenders were received; and

·                the recommended tender was the highest ranked and is considered best value because it has demonstrated that it has the highest ability to deliver this project in accordance with Council’s specified requirements.

rationale for recommendation

This recommendation is in line with Thomastown Master Plan that was endorsed by Council in 2012.  Council has secured a funding grant from the State Government Economic Stimulus Program for these works, which require the works to commence works in November 2020.  The recommended tenderer demonstrated the highest capability and capacity to deliver this project with minimal impact on Council and the community.

impacts of recommendation

Approval of the contract award will enable the project to commence in November 2020, which is within the required timeframe of the Economic Stimulus Grant from the State Government.

what measures will be put in place to manage impacts

Regular communication with local traders and the local community will continue to minimise impact of the works, as is the case with the current stage 1 works.

Report

Background

The streetscape improvement works to the Thomastown Activity Centre on High Street, Thomastown is a key initiative in delivering the Thomastown Master Plan that was endorsed by Council in 2012.  

The first stage of works involved streetscape improvements to approximately 50% of the Activity centre stretching from Spring Street to Highlands Road, which has been completed.  A new public toilet amenity facility was also constructed in Central Avenue (this stage of work was partly funded by a separate State Government grant).  In addition, new signalised pedestrian operated signals are currently being installed at the northern end of the centre and is expected to be completed in November 2020.  Refer Attachment 2 for a site plan.

Council has received funding from the Suburban Revitalisation Program (State Government) to assist in delivering the final stage of this project (stage 2).  These funds are an important contribution towards improving local access and amenity as well as generating employment in a post-COVID environment.  This contract for the second stage of the works, involves streetscape improvements to the northern end of the centre commencing at Highlands Road and finishing at Pleasant Road.  In addition, this contract will also deliver a new upgraded War Memorial public space located at the southern end of the Activity Centre opposite the new school forecourt space.  The War Memorial was originally established by the Thomastown Primary School to commemorate fallen World War 2 soldiers that attended the school.  The Thomastown Primary School, Epping RSL and the Reservoir RSL were all consulted regarding the proposed improvement works and have all provided support to the project. 

Consultation and engagement of the local community has been ongoing throughout this project and will continue for this next stage of improvement works, with direct engagement of the Thomastown Trader Association, mail out to local traders and residents and use of social media.  This will be guided by the Victorian Small Business Engagement Guideline.

The stage 2 works represent the last of the streetscape upgrades to the Thomastown Activity Centre with construction expected to be completed by August 2021.

Tenders for the contract closed on 9 September 2020.  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 and was reviewed by the Procurement Unit.  The evaluation involved scoring of conforming and competitive tenders according to these pre-determined criteria and weightings:

Criteria

Weighting

Price

50%

Capability

23%

Capacity

20%

Impact

7%

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
GP Bluestone Pty Ltd

Yes

Yes

91.2

1

Tenderer B

Yes

Yes

89.6

2

Tenderer C

Yes

Yes

80.7

3

Tenderer D

Yes

Yes

80.1

4

Tenderer E

Yes

Yes

78.4

5

Tenderer F

No

NA

NA

NA

Tenderer G

Yes

No

NA

NA

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

FINANCIAL IMPLICATIONS

Sufficient funding for this contract is available in the New Works Program budget for the Thomastown Streetscape Improvement Program.

link to strategic risks

Strategic Risk Contractor Management - Failure to manage contractors to deliver agreed outcomes

Links to WHITTLESEA 2040 AND the CoUNCIL Plan

Goal                              Connected community

Key Direction              Liveable Neighbourhoods

Improved streetscape is required to meet the population growth and the needs of the diverse Thomastown community.

Declarations of Conflicts of Interest

Under Section 130 of the Local Government Act 2020 and Chapter 5.7 of the Governance Rules 2020, officers providing advice to Council are required to disclose any conflict of interest they have in a matter and explain the nature of the conflict.

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

The tender from GP Bluestone 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 GP Bluestone Pty Ltd for the sum of $1,342,030  (excluding GST) for the following contract:

Number:    2020-82

Title:          Thomastown Streetscape Improvement Works (Stage 2)

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.         Note that the recent $500,000 financial contribution to this project from the State Government’s Suburban Revitalisation Program is a valuable contribution to enable the revitalisation works in this shopping centre to be completed.  This contribution will be formally acknowledged with the installation of a plaque at the end of the works. 

 

 


Scheduled Council Meeting Agenda                                                                            Tuesday 17 November 2020

 

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Scheduled Council Meeting Agenda                                                                            Tuesday 17 November 2020

 

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Scheduled Council Meeting Agenda                                         Tuesday 17 November 2020

 

6.5       Corporate Services and Performance

6.5.1      For Noting - Panel Contract Expenditure Distribution Report

Attachments:                        1        Explanatory Notes

2        Panel Contract Expenditure Tables - Confidential

This Attachment has been designated as confidential information under section 66(5) of the Local Government Act 2020 on the grounds that it contains details relating to private commercial information, being information provided by a business, commercial or financial undertaking that—  (i) relates to trade secrets; or (ii) if released, would unreasonably expose the business, commercial or financial undertaking to disadvantage. In particular the attachment contains information regarding expenditure and contract amounts.    

Responsible Officer:           Director Corporate Services & Performance

Author:                                  Contracts Officer   

 

RECOMMENDATION SUMMARY

That Council note the report. 

Brief overview

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.

·    At Council’s request, these reports have been presented 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.

rationale for recommendation

The report is provided to Council in the interests of open and transparent governance.

impacts of recommendation

Council can be assured that panel contracts are managed effectively and in a manner that achieves best value.

what measures will be put in place to manage impacts

The Procurement Services team will continue to monitor expenditure and biannually report on panel contract expenditure distribution to Council.

 

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 17 September 2020 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 and variation 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:

$750,000 including GST for civil works, or

$150,000 including GST for all other works, goods and services.

·    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 to inform Council.  The tables detail payments made under all current panel contracts from the contract commencement date through to 17 September 2020.  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) and the Public Transparency Policy 2020 adopted on 1 September 2020.

Wherever required, the panel contracts were established in accordance with the requirements of section 186 of the Local Government Act 1989.

link to strategic risks

Strategic Risk Contractor Management - Failure to manage contractors to deliver agreed outcomes

Effective management of work allocation under panel contracts helps to ensure that best value is obtained and that contractors deliver works and services that meet the needs of the Council and our community.

Links to whittlesea 2040 and the CoUNCIL Plan

Goal                                       High-performing organisation

Key Direction                        More cost-effective investment through better return on investment, efficiency and an engaged workforce

The oversight of panel contracts helps to ensure best value is obtained and that the allocation of works is being managed through a clear process that is fair and transparent.

Declarations of Conflicts of Interest

Under Section 130 of the Local Government Act 2020 and Chapter 5.7 of the Governance Rules 2020, officers providing advice to Council are required to disclose any conflict of interest they have in a matter and explain the nature of the conflict.

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

The attached tables and supporting material indicate that panel contract expenditure is effectively being allocated according to processes which enable fairness, transparency and best value.

As panel contract expenditure reporting is a significant contract control for managing operational risks, it is more appropriate that future Panel Contract Expenditure Distribution reports are presented to the Audit and Risk Committee instead of the Council.

 

 

RECOMMENDATION

THAT Council resolve:

1.    To note the report.

2.    That future Panel Contract Expenditure Distribution reports be presented to the Audit and Risk Committee only.

 

 


Scheduled Council Meeting Agenda                                                      Tuesday 17 November 2020

 

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Scheduled Council Meeting Agenda                                         Tuesday 17 November 2020

 

7.         Notices of Motion

Nil Reports 

8.         Questions to Officers

9.         Urgent BusineSS

10.       Reports from Delegates Appointed BY Council TO Other Bodies


Scheduled Council Meeting Agenda                                         Tuesday 17 November 2020

 

11.       Confidential Business

11.1     Executive Services

Nil Reports

11.2     Planning and Development

Nil Reports

11.3     Community Wellbeing

Nil Reports

11.4     Infrastructure and Environment

Nil Reports

11.5     Corporate Services and Performance

Nil Reports

11.6     Notices of Motion

Nil Reports

12.       Closure