Logo_Primary_BlackWhite%20(JPG)

Minutes

 

OF Scheduled
COUNCIL MEETING

HELD ON

Tuesday 17 November 2020

AT 3.00pm

VIA ZOOM


DRAFTScheduled Council Meeting Minutes   Tuesday 17 November 2020

 

 

 

COUNCIL

 

LYDIA WILSON                            CHAIR OF COUNCIL

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

 


DRAFTScheduled Council Meeting Minutes   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

 

 


DRAFTScheduled Council Meeting Minutes   Tuesday 17 November 2020

 

 

ORDER OF BUSINESS

 

The Chief Executive Officer submitted the following business:

 

1.           Opening prayer.. 7

1.1        welcome and introductions.. 7

1.2        statement by chief executive officer.. 7

1.3        ACKNOWLEDGMENT OF TRADITIONAL OWNERS STATEMENT. 7

1.4        Award received from smart city.. 7

1.5        staff acknowledgement – manager governance.. 7

1.6        Present. 7

2.           Apologies.. 7

3.           Declarations of Interest. 7

4.           Confirmation of Minutes of Previous Meeting.. 8

5.           Questions, Petitions and Joint Letters.. 8

5.1        Questions To ADMINISTRATORS.. 8

5.2        Petitions TABLED.. 9

5.2.1      REQUEST TO COUNCIL REGARDING RECONSIDERATION OF THE CHANGES TO THE CLOSURE OF MASONS ROAD, MERNDA.. 9

5.3        Joint Letters TABLED.. 11

5.3.1      Request to Council to not remove the trees along Conron Grove, Doreen.. 11

5.3.2      Request TO Council to Install Speed Humps on Wingspan Avenue, South Morang.. 11

6.           Officers’ Reports.. 13

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. 19

6.2        Planning and Development. 25

6.2.1      For Decision - Wollert East Community Centre Tender Evaluation.. 25

 

6.3        Community Wellbeing.. 33

6.3.1      For Decision - Pandemic response registration fee waivers for businesses.. 33

6.3.2      For Decision - Child Safe Policy and Code.. 43

6.4        Infrastructure and Environment. 67

6.4.1      For Decision - Lalor Streetscape Improvement Works (Stage 2) Contract 2019-131 - Contract Variation Report. 67

6.4.2      For Decision - Thomastown Streetscape Improvement Works (Stage 2) Contract 2020-82 - Tender Evaluation Report. 73

6.5        Corporate Services and Performance.. 83

6.5.1      For Noting - Panel Contract Expenditure Distribution Report. 83

7.           Notices of Motion.. 89

Nil Reports.. 89

8.           Questions to Officers.. 89

9.           Urgent Business.. 89

10.        Reports from Delegates Appointed by Council to Other Bodies.. 89

11.        Confidential Business.. 91

11.1      Executive Services.. 91

Nil Reports.. 91

11.2      Planning and Development. 93

Nil Reports.. 93

11.3      Community Wellbeing.. 95

Nil Reports.. 95

11.4      Infrastructure and Environment. 97

Nil Reports.. 97

11.5      Corporate Services and Performance.. 99

Nil Reports.. 99

11.6      Notices of Motion.. 101

Nil Reports.. 101

 

 

 

12.        Closure.. 101

 

Note:

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

 

 


DRAFTScheduled Council Meeting Minutes   Tuesday 17 November 2020

 

1.         Opening prayer

The Chief Executive Officer opened the meeting with a prayer at 3.00pm.

1.1       welcome and introductions

The Chair of Council, Lydia Wilson welcomed everyone to the Council meeting and advised it is being livestreamed. 

Lydia Wilson, Chair of Council introduced herself and her colleagues:

Ms Peita Duncan, Administrator

The Hon Bruce Billson, Administrator

Lydia also introduced and welcomed our new Chief Executive Officer, Mr Craig Lloyd who commenced in this role on 12 October.

The Chief Executive Officer, Craig Lloyd then introduced the following Officers:

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       STATEMENT BY THE CHIEF EXECUTIVE OFFICER

The Chief Executive Officer, Craig Lloyd read the following statement:

“Due to the COVID-19 pandemic and the State Government directives around working from home, this Council Meeting is being held entirely online via livestream.

The meeting is being conducted in accordance with the provisions of the Local Government Act 2020 and the Minister for Local Government’s Good Practice Guideline MGPG-1 for Virtual Meetings.

If at any stage during the meeting a technical issue prevents all Administrators from participating in the livestream, the meeting will be adjourned until the matter is resolved.

I would like to now pass over to the Chair, Lydia Wilson.”

1.3       ACKNOWLEDGMENT OF TRADITIONAL OWNERS STATEMENT

The Chair, Lydia Wilson read the following 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.”


 

1.4       Award received for smart city achievement of the year

The Chair, Lydia Wilson provided the meeting with the following update regarding an award received by the City of Whittlesea.

“I am very proud to announce that we recently won the Smart City Achievement of the Year at the MAV Technology Awards for Excellence.

The Smart Cities program uses data to improve how public spaces are managed including building and outdoor spaces.

Congratulations to all of the staff involved in this innovative project from across Council and our partners – La Trobe University, RMIT University, and Banyule, Mitchell, Moreland and Nillumbik councils.

And thank you to the Australian Government Smart Cities and Suburbs Program, which funded the project.”

1.5       staff acknowledgement – manager governance, michael tonta

The Chair, Lydia Wilson thanked the outgoing Manager Governance, Michael Tonta with the following acknowledgement:

“I would like to formally note that this is the last Council meeting of our Manager Governance, Michael Tonta, who has resigned from the City of Whittlesea to take on a fantastic new leadership role at the City of Melbourne.

This actually takes effect at the end of today, hence we really appreciate Michael that you squeezed in one last Council Meeting. 

Michael joined the City of Whittlesea in July 2005, he has served the City of Whittlesea with dedication and commitment for 15 years.  That would mean more than 150 Ordinary Council Meetings not to mention the number of Special Council Meetings, induction programs and Council briefings, he clearly has a passion for all things governance and all things heritage.  There are few people in this sector who understand governance better than Michael and he is often called upon to speak at forums and participate in panel sessions given his wisdom and knowledge in this area.

In thinking about the best words to describe Michael the following came to mind immediately:

·        Dedicated;

·        Tenacious;

·        Unflappable;

·        Professional;

·        Impartial; and

·        Confidential.

All the traits that the very best Governance leaders should have.  He has provided a significant amount of support to successive CEOs, executives and former Councillors.

I must sincerely thank him on behalf of my fellow Administrators for his enormous ongoing support throughout our time at the City of Whittlesea.

Michael, best wishes for the future and we know you will have continued success.”


 

MICHAEL TONTA’S RESPONSE

The Manager Governance, Michael Tonta responded with the following:

“I would like to say what an extraordinary honour and privilege it has been to serve both our organisation and community for the past 15½ years.

I would like to also acknowledge the Governance team who support me to ensure that our corporate and Council meetings and briefings and other governance activities are undertaken effectively.

They mostly work in the background and help to support our Council perform as an effective government.  Thank you.

Once again I want to say what an honour and privilege it has been to support the organisation and community over the past 15 plus years and to work with such a talented team of people.

I wish you every success for the future.”

1.6       Present

Members:

Ms Lydia Wilson                  Chair of Council

The Hon. Bruce Billson       Administrator

Ms Peita Duncan                 Administrator

Officers:

Mr Craig Lloyd                     Chief Executive Officer

Ms Kristi High                      Executive Manager Corporate Affairs

Ms Kate McCaughey           Director Community Wellbeing

Ms Amy Montalti                  Director Corporate Services & Performance

Mr Justin O’Meara               Director Planning & Development

Mr Michael Tonta                 Manager Governance

Ms Debbie Wood                 Director Infrastructure & Environment

2.         Apologies

Nil

3.         Declarations of Interest

Nil


 

4.         Confirmation of Minutes of Previous Meeting

COUNCIL RESOLUTION

Moved:                       Administrator Duncan

Seconded:                Administrator Billson

 

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

Scheduled Meeting of Council held 6 October 2020.

Carried

 

5.         Questions, Petitions and Joint Letters

5.1       Questions To ADMINISTRATORS

NIL 

The answers provided verbally by the Chief Executive Officer 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.

 


DRAFTScheduled Council Meeting Minutes   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

 

Administrator Wilson tabled a petition from 112 residents 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 Pearsons Road needs to remain open to homeowners.’

 

Council Resolution

Moved:                       Administrator Wilson

Seconded:                Administrator Billson

 

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 Scheduled Council meeting.

Carried

 


DRAFTScheduled Council Meeting Minutes   Tuesday 17 November 2020

 

5.3       Joint Letters

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

 

Administrator Duncan tabled 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.’

 

Council Resolution

Moved:                       Administrator Duncan

Seconded:                Administrator Billson

 

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, Doreen throughout the new street tree installation process scheduled for April 2021.

Carried

 

 

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

 

Administrator Billson tabled 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.’

 

Council Resolution

Moved:                       Administrator Billson

Seconded:                Administrator Wilson

 

THAT Council resolve to receive the joint letter from 10 residents of Wingspan Avenue, South Morang 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.

Carried

 


DRAFTScheduled Council Meeting Minutes   Tuesday 17 November 2020

 

6.         Officers’ Reports

 

Chief Executive Officer Explanatory Note

Under the Governance Rules 2020, Administrators are to be provided an opportunity to speak regarding each of the reports contained within the Agenda, without the need to indicate opposition for the purpose of debate.

 

 

 


DRAFTScheduled Council Meeting Minutes   Tuesday 17 November 2020

 

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 was provided verbally by the Chief Executive Officer at the meeting.  The contents of the report were circulated to Council prior to the meeting and is as follows:

Context

COVID-19 restrictions began to ease across metropolitan Melbourne throughout October with the announcement of step two in the Victorian Government’s Roadmap to Recovery on 28 September.

Schools reopened progressively and the number of coronavirus cases state-wide continued to drop. October 26 was the first day of zero new cases recorded since the second wave began.

Restrictions eased further at the end of October and again at the start of November, providing opportunities for businesses to reopen and residents to welcome visitors to their home and meet outdoors in slightly larger numbers.

A northern metro region community outbreak during October impacted neighbouring councils and peaked at 42 cases. However, the City of Whittlesea remained stable with just two active cases remaining by the month’s end.

Local testing sites at Northern Health reported strong testing levels during October as a result of the Northern Metro outbreak.

One case was identified at Goodstart Early Learning in Bundoora but even after extensive testing no further cases were identified.

Council began the process to reopen some services and facilities in line with Victorian Government restrictions.

Whittlesea Swim Centre opening its doors for the summer season on Thursday 29 October and the community was pleased to see Hanson’s Wollert Landfill reopen quickly.

Many activities and events continued online with highlights including Children’s Week, Senior’s Month and the Super Kids Festival.

COUNCIL SUPPORT

Council focused on planning service changes in accordance with Victoria Government announcements and on continuing to coordinate and support response and relief activities.

These included:

·       Supporting drive-thru testing sites at Mernda, Epping and the Northern Hospital;

·       Supporting pop-up testing sites in Bundoora, the Stables in Mill Park and Epping Soccer Stadium;

·       Supporting families in isolation following the Northern outbreak through the State Government’s Isolation Relocation Support program;

·       Providing financial and in-kind support to local services under the $500,000 Emergency Relief Fund to help them to provide emergency food relief and essential items to vulnerable community members;

·       Distributing almost $450,000 to local businesses experiencing financial hardship through the Business Assistance Grants Program;

·       Reopening local public facilities and resuming essential in person services;

·       Assisting businesses to plan for and adapt to changes to restrictions under the State Roadmap; and

·       Providing financial and practical support to community members through hardship applications, grants, information and referrals for emergency relief.

COMMUNITY IMPACTS

On jobs and our economy

According to ABS data, job loss figures stabilised in Victoria during October with a loss of 0.4% jobs recorded across the state. The Victorian unemployment rate also fell slightly from 7.1% to 6.7% during September. However, the North East Melbourne region’s unemployment rate rose to 8.7% in September, up from 7.6% in August and 4.5% in March.

More than 15,000 City of Whittlesea residents received JobSeeker or Youth Allowance payments in September (more than double the number in March) and almost 10,000 job seekers are currently registered with local JobActive and Transition to Work offices.

Local emergency relief services also report increasing community financial hardship. After the Federal Government’s Coronavirus supplement was reduced on September 25, Whittlesea Community Connections saw a sharp increase in community members seeking financial support. In the three weeks from 14 September to 9 October, outgoing referrals from Whittlesea Community Connections’ Financial Assistance Program increased from 23 to 84 to 111.

New postcode-level modelling supports these reports. Compared with June, where the financial impact on most postcodes in City of Whittlesea was categorised as ‘medium’, October modelling indicates that the financial impact on all postcodes in the City of Whittlesea falls in the ‘High’ to ‘Extreme’ range.

This suggests that City of Whittlesea residents are likely to have experienced significant loss of income and employment during the second Victorian lockdown. They are also likely to have low levels of savings and discretionary income available to cover unexpected expenses, putting them at high risk of financial hardship.

In October, 23 food or health and beauty premises closed permanently. This is the highest number of closures in a month since March and is considerably higher than the number of permanent closures in September (13) and August (15).

While retail, hospitality and entertainment sectors were able to reopen in mid-October under the modified State Roadmap, density restrictions remain in place, limiting the number of patrons that can be accommodated and impacting revenue for many businesses.

On our vulnerable community

Local services continue to report demand for emergency food relief, essential items and mental health support.

Vulnerable groups continue to be at particular risk of food insecurity and financial hardship, including people on low incomes, international students, those in unstable accommodation and those who were already unemployed or have lost employment during the pandemic.

Other key issues facing our vulnerable communities include social isolation, mental health, housing insecurity and family violence.

 

COUNCIL RESPONSE

Services

Council continued to deliver services with appropriate modifications in place throughout October.

In line with the State Roadmap, sessional kindergarten resumed on 5 October and local laws and parking school patrols recommenced on 12 October.

Other services and facilities that resumed throughout October following State Government announcements included the youth mental health program, BMX and skate parks, public tennis courts, Growling Frog Gold Course, public barbeques, Whittlesea Swim Centre and Neighbourhood Houses for essential support groups. Construction works also recommenced with COVID Safe Plans in place.

Customer service centres at the Civic Centre and Westfield Plenty Valley reopened to the public on November 4 with limited staff, density quotients and strict cleaning protocols in place.

Other Council services that will resume throughout November with appropriate modifications include libraries, TRACC, parking enforcement, Epping Animal Welfare Facility, community activity centres and sports pavilions. Face to face maternal and child health appointments will increase throughout November.

Essential community-facing services like Home Support and Delivered Meals continue to be maintained and supported by redeployed Council staff.

Council offices remain closed and most staff continue to work from home. A new COVID Safe Plan has been adopted outlining the key timelines, principles and protocols to support the safe reopening of Council offices in the coming months.

Emergency relief

Council continued to provide financial and in-kind support to local non-government organisations and community support groups in response to ongoing need for emergency food relief and other essential items.

Four new financial and six in-kind requests were received from eight non-government organisations in October.

The four financial requests were funded under Council’s $500,000 Emergency Relief Fund, totalling $9,672.50.

All current funding arrangements with local providers are due to conclude at the end of November, so a new round of requests is anticipated toward the end of the month.

Since 6 April 2020, 20 local organisations have received financial support under the Emergency Relief Fund, totalling $320,918.68.

In-kind support provided to organisations during October included:

·       Coordinating local relief agencies to provide free meals for international students;

·       Supporting local agencies to establish a coordinated process for collecting and distributing items for Christmas hampers;

·       Arranging a support letter for a local provider’s application for a State Government emergency food relief grant; and

·       Strengthening referrals pathways between local health and emergency relief providers.

In total, Council has received 174 requests for support from 49 organisations since 6 April 2020.

Creating jobs

Council has continued to employ roles funded through Working For Victoria at Council and into local frontline service providers. In October, 55 people were employed, including 16 within Council departments (127 in total), and 39 within local service providers (109 in total).  A further 48 roles are in recruitment.

Business support

Supporting our local business community to recover from the impacts of the pandemic continues to be a priority.

During October, Council funded 103 business experiencing financial hardship under the Business Relief and Resilience Program, totalling $450,396.58.

The average grant value funded was $4,366. Around half of successful applications were for business adaptation projects, including transitioning business online and adapting spaces and practices to be COVID safe. Other successful applications were related to improving business continuity and revitalising spaces.

Council also received $500,000 under the State Government ‘Outdoor dining and entertainment package’. This funding will be used to support local businesses and shopping precincts to transition to outdoor dining and ensure locations are safe and practical.

Council has also supported local businesses through:

·       Establishing ‘Whittlesea Localised’, an online Business Directory to promote local businesses, opportunities and good news stories;

·       Promoting local businesses through the ‘Still Here 4 U’ campaign and sharing other good news stories through print and social media;

·       Waiving fees for new and existing footpath trading permit holders until September 2021; and

·       Supporting businesses to expand footpath trading area into neighbouring properties, if feasible and permitted.

Many local businesses also continue to receive support under Stage 1 of the $90,000 Business Support Package launched in April. This included a three-month Business Development Program, dedicated business support line, mentoring and local promotional campaigns.

Economic stimulus grants

Council was awarded $100,000 under the State Government’s Neighbourhood Activity Community Renewal Fund, which will be used to upgrade the Rochdale Square Neighbourhood Centre.

Council awaits the outcome of approximately ten grant applications to support infrastructure projects that will create local jobs and help our community recover from the pandemic.

The return of bond monies was expedited for business owners who have implemented landscaping in accordance with approved plans. 25 bonds were returned in October, totalling $132,000 (133 bonds in total since 6 May, totalling $520,447).


 

Financial support

In October, Council received an additional 9 hardship applications via the COVID-19 Hardship Policy. A total of 171 applications have been received since 6 April, and 132 have been approved.

A $50,000 Sports Club Emergency Grants program remains open for clubs to apply for up to $1,000 to cover out-of-pocket expenses. Four clubs received funding during October. To date, 20 applications have been approved, totalling $27,094.34.

Fifty percent of fees for summer sports clubs have also been waived.

The second round of the Whittlesea Creative Communities Fund was released in October. This $20,000 fund supports creative practitioners to create projects focused on community connection.

Community connection

Council continued to roll out new projects through October that connect the community through arts, culture and creativity.

The Super Kids Festival took place in seven local parks from 24 October to 1 November to celebrate Children’s Week 2020. This annual festival was modified to ensure compliance with COVID restrictions and included a diverse and COVID-safe program of roaming performers, art installations and a treasure quest for children to explore the natural environment.

Rehearsals are underway for a virtual community choir performance that will be livestreamed as part of Council’s Christmas carol event. According to participants, the online format has enabled many residents to take part who were not able to attend rehearsals in person in previous years. The event will be live streamed on the Whittlesea Arts website and social media on 11 December.

Council also supported the annual City of Whittlesea Artist Studio Trail to move online this year. 13 new artists, who preferred the online format over the face-to-face event held previously, joined the Studio Trail. The launch was attended by more than 40 community members.

The new City of Whittlesea Arts website continues to showcase Council’s public and visual art collections, promote our local creative community and provide opportunities for networking and collaboration. During October, the website had almost 5,000 unique visitors.

To assist our young people to remain connected and supported during this crisis, Council is delivering a package of health and wellbeing workshops, videos and resources to school students, as well as an 8-week Transition to Adulthood Program during Term 4. 

Council is also supporting our older adults to stay healthy, active and connected through a series of online programs targeting digital literacy, mental and physical health and social connection. A senior’s online exercise program has attracted around 2,500 participants per month.

New support groups have been established to support members of our culturally and linguistically diverse communities, including an Arabic Community Support Group, African Community Support Group and Asylum Seeker Social Support Group. Council is working with Study Melbourne and local tertiary institutions to support local international students. 

Public health

Following outbreaks of COVID-19 in Preston and Bundoora in late October, Council supported five families in isolation under the State Government’s Isolation Relocation Support program. This approach is part of the State Government’s regional response strategy, which aims to ensure that families in isolation are proactively contacted and if necessary, linked with local emergency relief agencies.

Council also continued to support local drive through testing sites in Mernda, Epping and the Northern Hospital, as well as pop-up sites in Bundoora, the Stables in Mill Park and Epping Soccer Stadium. Testing rates continued to decline throughout October, consistent with other testing sites across Melbourne. Though, testing rates temporarily increased in late October following the outbreak in Melbourne’s north.

Under the DHHS program to provide masks to vulnerable people, Council continues to distribute masks to eligible residents through community-facing staff and Whittlesea Community Connections.

COMMUNICATIONS

Council continues to use all communication mediums to share DHHS and Council information including print, radio, digital and social media.

Online events continue to be popular on the Whittlesea Unites Facebook page with highlights including music for pre-schoolers regular sessions, exercise classes for older adults, Seniors Ready to Rock events and the online Studio Arts Trail.

Communication support continues for local business with promotion of the Business Assistance Grants and footpath trading opportunities.

Once restrictions eased further at the end of October our communications focussed on supporting local businesses such as retail, cafes, restaurants and the hair and beauty industry.

The Summer edition of Local Scoop has a strong business support focus and will delivered to households from 30 November.

CONCLUSION

Council thanks the community for continuing to adhere to State Government restrictions to reduce the spread of COVID-19. Numbers of new cases and active cases have continued to fall with just two active cases at month’s end.

We hope to see further restrictions eased next week and again before Christmas in response to what is now 17 days of zero new cases (as at 16 November).

Council will continue to respond to our community’s needs as we head into the Christmas period with relief and support as needed and as we move to COVID Normal, we’ll develop our recovery plan working together with the community and local businesses.

 

 

COUNCIL RESOLUTION

Moved:                       Administrator Wilson

Seconded:                Administrator Billson

 

THAT Council resolve that the report of the Chief Executive Officer be received.

CarrieD

 

 

 


DRAFTScheduled Council Meeting Minutes   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.

Council Resolution

Moved:                       Administrator Wilson

Seconded:                Administrator Duncan

 

THAT Council resolve to adopt the Recommendation.

Carried

  

 


DRAFTScheduled Council Meeting Minutes   Tuesday 17 November 2020

 

6.2       Planning and Development

ITEM 6.2.1 For Decision - Wollert East Community Centre Tender Evaluation 

Attachments:                        1       Total Project Costs - 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 to Council in confidence and tender evaluation scoring prepared by Council officers. 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.    

Responsible Officer:            Director Planning and Development

Author:                                  Community Infrastructure Project Coordinator    

 

RECOMMENDATION SUMMARY

1.       It is recommended that contract number 2020-94 for Wollert East Community Centre be supported and delivered by the VSBA as per the Development Agreement:

·     for the lump sum price of $7,253,964 (GST will not apply)

·     for a term from 17 November 2020 to 27 February 2023 (includes defects and liabilities period).

That milestone payments be made in accordance with the Development Agreement, which ensures the works undertaken are completed and verified, before payment is processed as follows:

·     Milestone 1: Sign the Funding Agreement (10%);

·     Milestone 2: Construction start e.g. slab laid or equivalent (40%);

·     Milestone 3: Construction complete (50%).

2.       Council approve the funding arrangements detailed in the confidential attachment.

3.       Council acknowledge receipt from the State Government of the $2.75M Building Blocks capacity grant funding.

4.       Council will explore operating models of community centres that balance user contributions and cross subsidisation, with community need service provision.

Brief overview

The Wollert East Community Centre was packaged as part of a larger Department of Education and Training (DET) tender bundle of 5 government schools. The VSBA coordinated the assessment and due to the size of the tender, was able to obtain cost savings across the bundle of works.  

The community centre component of the tender was within the cost estimates provided by Council’s Independent Quantity Surveyor. The VSBA will be able to deliver the Community Centre within budget and approved timelines.

 

 

The VSBA tender evaluation panel advised that:

·    3 tenders were received; and

·    the recommended tender will be provided once the Minister has signed the VSBA tender evaluation report on Monday 16th November. This will be provided to Administrators as a confidential attachment. 

The VSBA coordinated the tender evaluation assessment. Council was advised of the successful tenderer and was able to engage in an options analysis to obtain the final tender cost. As the tender amount was within budget, the total project will proceed without reducing any scope.

rationale for recommendation

The tender amount is in line with Council’s Independent Quantity Surveyor estimate and provides the best value for money. The VSBA will deliver this project as per the Development Agreement, ensuring Council meets its delivery timeline of October 2021.  This delivery timeline will enable Council to be open for kindergarten in January 2022, in line with the school opening and thereby meeting projected local demand for kindergarten provision.

impacts of recommendation

The delivery of the Community Centre as part of the Inclusive Hub primary school model will bring much needed services to Wollert East in a timely manner. Through co-locating with DET on their site, the Wollert East community will benefit from improved integrated community services as well as a financially better outcome for City of Whittlesea ratepayers. This includes retaining ownership of the land originally allocated for the Community Centre in the Precinct Structure Plan.

Early delivery of a community facility in a new residential development like Wollert East has the benefits of:

•        Addressing the well-known and well-documented negative outcomes that come from social isolation experienced by residents of growth areas in a preventative way.

•        The facility and the spaces, programs and café, will offer opportunities for social connection.

•        Schools are also places of community connection and with this facility being on-site, it will be a natural progression for people to continue conversations, connection, and activities in the community centre.

•        Being on the school site will provide parents with children in both school and kinder, an easy one-stop-shop rather than having to get back in the car and drive elsewhere.

•        A further benefit is the early and targeted service and program provision including MCH, Early Childhood and other ancillary services (like an autism service). These types of services support the community so that issues don’t emerge and become entrenched. When not supported in this way, the negative effects become very costly and difficult to redress.

what measures will be put in place to manage impacts

The Development Agreement is the legal contract that provides certainty to Council regarding delivery, costs and mutual obligations. As part of this contract Council and the VSBA will hold monthly project working group meetings to discuss progress of the project.

Council has provided detailed input into the Community Centres specifications and will have an ongoing role in the delivery.

A communications plan has been developed in partnership with the VSBA, DET and Council. Our combined communications strategy will ensure the community are kept informed of the progress of delivery of the facility and the services it will offer.

Sustainable operating models across not only this centre, but all Council Community Centres will continue to be explored to ensure the appropriate balance is achieved between cross subsiding and contributing to capital and operating costs, as well as supporting service providers who provide much needed community services.

 

Report

Background

Land was set aside for a community facility within the high-level planning framework, the Epping North East Structure Plan.  Following investigations into the site, it was confirmed that it would not be suitable for a community facility. To ensure service provision for the community, the City of Whittlesea has been working with the Department of Education and Training (DET) since July 2019 to integrate a future Council community centre.  Council officers were able to negotiate the purchase of more land by DET for the delivery of the primary and secondary school, inclusive of co-location of a Council community facility, without cost to Council other than via a $1 per annum peppercorn lease. DET have further invested in this community facility by bundling the architectural and detailed design expenses together with the school design process, saving Council significant costs.

The Community Centre will be comprised of a three-room kindergarten, 2 Maternal and Child Health offices, program space, consult suites, a large community hall with an integrated community meeting room and a semi-commercial kitchen, within the P-12 ‘Inclusive’ government school facilities in Wollert East.

Partnership agreements were entered into with the Minister for Education relating to the delivery of this project, subject to the tender costs, which have now been received.

Tender submissions were reviewed by the Victorian Schools Building Authority (VSBA) in consultation with Council officers. The total project cost of $8,403,576 is more cost effective than the independent detailed cost estimates provided by both Council ‘s and the VSBA’s Quantity Surveyors. Previous cost estimates were $8,928,101 and $8,701,020 respectively.  A building blocks grant of $2.75 million was recently received for this project. The grant, combined with the budget allocation of $7 million, provides a total budget of $9.75 million.

This innovative delivery mode has not only delivered cost savings to council but has ensured services can be provided in a way that supports the unique needs for our growth communities. The inclusive hub will not only deliver kindergarten, MCH and community spaces for connection, it will also provide access to autism services for the region.  

This report provides details of the procurement process for the construction of the Wollert East Community Centre. The tender evaluation was performed by the VSBA, as per the Development Agreement. Tenders for the contract closed on 9 September 2020. The tender price and additional Council costs are detailed in the confidential attachment.

The attachment also provides additional details to ensure a holistic picture of capital and operating cost considerations.

EVALUATION

The procurement process is in accordance with the Project Development and Construction Management Act 1994 (Vic) (PDCMA), the Ministerial Directions for Public Construction in Victoria (Directions) and the associated Instructions and Guidance, and the VSBA’s Project Management Framework. These are referred to in aggregate as the ‘relevant procurement requirements.’

The VSBA engaged CourtHeath Consulting as an independent probity advisor for the project; CourtHeath has been consulted on the procurement process followed and attended all key meetings throughout the tendering and evaluation process.

In accordance with the Directions, a public ‘Forward Notice’ providing details of the upcoming procurement was published on the Buying For Victoria website from 20 May 2020 until 17 June 2020.

The Forward Notice invited contractors pre-qualified on the Department of Treasury and Finance’s Construction Supplier Register (CSR) to register their interest in tendering for the project, by completing and returning a ‘Confirmation Letter’

Following the closure of the Forward Notice and receipt of Letters of Confirmation, the VSBA, in its absolute discretion, determined a list of tenderers to be invited to participate in a ‘Selective Tender’ process for the project (as defined in the Directions), based on its assessment of each Tenderer’s:

·    Experience;

·    Capability; and

·    Past performance on similar projects.

Three CSR pre-qualified tenderers were invited to submit a tender. The tender period opened on 2 July 2020 and closed on 9 September 2020. The Selective Tender process complies with the relevant procurement guidelines.

A briefing session for tenderers was held on 9 July 2020. Non-mandatory site visits, which were attended by all tenderers, were held between 13-17 July 2020. ‘Interactive Tender Meetings’ were held with tenderers, in the presence of CourtHeath as the project’s probity advisors, between 22-27 July, and between 11-14 August.

Following the receipt of tenders, the evaluation process was conducted in accordance with the attached Evaluation Plan.

Following the completion of the evaluation process, the tender evaluation panel made a recommendation to the Project Sponsor (being the Executive Director, Delivery, VSBA) for the appointment of the preferred contractor. Upon the Project Sponsor’s approval, the VSBA entered into a ‘Letter of Intent’ with the preferred contractor, and contract documents were prepared for execution by the Minister for Education (being the relevant Financial Approver). The Letter of Intent enables the preferred contractor to commence limited works within the financial delegation of the Project Sponsor in the interim period until the contract documents are executed by the Minister for Education.

No member of the VSBA Tender Evaluation Panel, nor Council staff associated with this project declared any conflict of interest in relation to this tender evaluation.

The evaluation outcome is provided in the confidential attachment.

IMPLICATIONS

Sufficient funding for this contract is available in the New Works program budget for the Wollert East Community Centre.  Capital cost funding is detailed as follows, additional project cost are provided in the confidential section:

Budget

Funding Source

Cost

Construction Cost

 

$7,253,964

Developer contributions

$  4,235,653.00

 

Building Blocks Grant

$  2,750,000.00

 

Approved Council capital

$  2,764,347.00

 

Total Project Cost

 

$8,430,576

Total budget available

$  9,750,000.00

 

The above table indicates that Council’s initial capital allocation of $2.76M will be reduced significantly to around $1.4M.

In addition to the above budget, through partnering with DET Council will retain ownership of the land allocated for the Community Centre in the Precinct Structure Plan.  DET’s investment in this facility included the purchase of adequate land to accommodate a future community facility, without cost to Council other than via a $1 per annum peppercorn lease.

Operational cost considerations

The Wollert East Community Centre was developed under the existing Community Centre operational model, the standard for which includes the provision of 2 X Maternal and Child Health offices, a Community Centre Coordinator, consult suites and meeting rooms/hall for generating fees.

The fees and charges generated contribute to the operating costs of the facility. Council leases the kindergarten and meeting spaces to approved service providers and community groups.  Details of this standard model and opportunities to explore offsetting and generating further income from Community Centres will continue to be explored and presented back to Council.  Sustainable operating models are important and need to be considered across all Council facilities to achieve an appropriate balance between cross subsiding and contributing to capital and operating costs, as well as supporting service providers who provide much needed community services. 

link to strategic risks

Strategic Risk Service Delivery - Inability to plan for and provide critical community services and infrastructure impacting on community wellbeing

If Council is not able to deliver the Community Centre by January 2022, Council will not meet the demand for 3 and 4-year-old kindergarten in the Wollert East area. It is also not guaranteed that Council will have access to DET land should it decide not to proceed with the project.  A Not-For-Profit paediatric autism service provider is ready to commence work at the centre subject to an appropriate public Expression of Interest process. They have reported that there are approximately 1500 children ‘on the spectrum’ within the Wollert - Epping-Mernda areas, many of whom will benefit immensely from access to this much needed service. Current service provision for autism services for Wollert are based in the City of Darebin. The provision of an autism service in Wollert East will provide City of Whittlesea residents with a local option and eliminate the need for them to travel vast distances to specialist appointments, often during peak hours.

Links to WHITTLESEA 2040 AND the CoUNCIL Plan

Goal                              Liveable neighbourhoods

Key Direction               Well-designed neighbourhoods and vibrant town centres

Our community’s access to services and facilities is an adopted measure by which Council assesses its achievement of delivering well-designed neighbourhoods and vibrant town centres.

Through the delivery of the Wollert East community centre Council will be able to facilitate a socially cohesive community, that is connected and able to access services that will enable educational opportunities for all. 

 

 

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 Development Agreement and confirmed tender costs provides Council with certainty that the VSBA will deliver the Wollert East Community Centre in a cost-effective, high quality and collaborative manner. The partnership is considered the best value for Council and it will deliver the facility to the required standards.

 

Recommendation

THAT Council resolve to:

1.         Accept the outcome of VSBA tender assessment and reimburse VSBA the sum of $7,253,964 (GST will not apply):

Number:    2020-94

Title:          Wollert East Community Centre

Term:         17 November 2020 to 27 February 2023 (includes defects and liabilities period)

In milestone payments be made in accordance with the Development Agreement, which ensures the works undertaken are completed and verified, before payment is processed as follows:

·    Milestone 1: Sign the Funding Agreement (10%)

·    Milestone 2: Construction start e.g. slab laid or equivalent (40%)

·    Milestone 3: Construction complete (50%)

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

3.         Acknowledge receipt of the $2.75M Building Blocks capacity grant funding from the State Government.

4.         Explore operating models of community centres that balance user contributions and cross subsidisation with community need service provision.

Council Resolution

Moved:                       Administrator Wilson

Seconded:                Administrator Billson

 

THAT Council resolve to adopt the Recommendation.

Carried

  


DRAFTScheduled Council Meeting Minutes   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.

Council Resolution

Moved:                       Administrator Billson

Seconded:                Administrator Duncan

 

THAT Council resolve to adopt the Recommendation.

Carried

 


DRAFTScheduled Council Meeting Minutes   Tuesday 17 November 2020

 

PDF Creator


 

PDF Creator


 

PDF Creator

 


DRAFTScheduled Council Meeting Minutes   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.

Council Resolution

Moved:                       Administrator Wilson

Seconded:                Administrator Duncan

 

THAT Council resolve to adopt the Recommendation.

Carried

 


DRAFTScheduled Council Meeting Minutes   Tuesday 17 November 2020

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


DRAFTScheduled Council Meeting Minutes   Tuesday 17 November 2020

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator

 

 


DRAFTScheduled Council Meeting Minutes   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 and 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.

Council Resolution

Moved:                       Administrator Billson

Seconded:                Administrator Wilson

 

THAT Council resolve to adopt the Recommendation.

Carried

 


DRAFTScheduled Council Meeting Minutes   Tuesday 17 November 2020

 


DRAFTScheduled Council Meeting Minutes   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 and 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:

1.   seven tenders were received; and

2.   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. 

Council Resolution

Moved:                       Administrator Duncan

Seconded:                Administrator Billson

 

THAT Council resolve to adopt the Recommendation.

Carried

 


DRAFTScheduled Council Meeting Minutes   Tuesday 17 November 2020

 

PDF Creator


DRAFTScheduled Council Meeting Minutes   Tuesday 17 November 2020

 

PDF Creator 

 


DRAFTScheduled Council Meeting Minutes   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 and 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.

Council Resolution

Moved:                       Administrator Wilson

Seconded:                Administrator Billson

 

THAT Council resolve:

1.       To note the report.

2.       That future Panel Contract Expenditure Distribution reports be presented to the Audit and Risk Committee, with relevant matters being included within the 6 monthly report of the Audit and Risk Committee to Council.

Carried

 

 

 

 


DRAFTScheduled Council Meeting Minutes   Tuesday 17 November 2020

 

PDF Creator


 

PDF Creator

  

 


DRAFTScheduled Council Meeting Minutes   Tuesday 17 November 2020

 

7.         Notices of Motion

Nil Reports 

8.         Questions to Officers

NIL 

9.         Urgent Business

NIL 

10.       Reports from Delegates Appointed by Council to Other Bodies

The Chair of Council invited the Administrators to report back to Council on recent meetings they had attended.

 

Administrator Duncan, provided the following report on the meeting she has attended:

 

Whittlesea Youth Advisory Committee – 9 November 2020

This was a very good meeting that highlighted the issues facing our youth, no surprise that it’s all focussed on education, employment, knowing their work rights at work and also safe spaces for them to exercise outside in the community.  There was a lot of good discussion that is coming back to Council for consideration and I look forward to seeing what the officers do to try and embrace these young people to help them have better facilities in our municipality where they feel safe.

 

Administrator Billson, provided the following reports on the meetings he has attended:

 

Whittlesea Disability Network Meeting – 13 October 2020

At this meeting there was a very interesting discussion with the National Disability Insurance Agency Community Engagement Officer around experiences that clients of the NDIS have had and how they can be improved.  There was also an update from the Brotherhood of St Laurence and an update on Council’s work around COVID.  I was not able to join the most recent meeting of the Whittlesea Disability Network, but they are very beneficial meetings.

 

Whittlesea Youth Advisory Committee – 9 November 2020

Like Administrator Duncan, who is co-chair of the Whittlesea Youth Advisory Committee, and in addition to the items Administrator Duncan raised there was a good discussion around what the impacts of COVID have been on young people.  It was a very useful discussion and the Whittlesea Community Connections were outlining their leaders of tomorrow program and encouraging participation in the program.

 

City of Whittlesea Audit and Risk Committee Meeting – 12 November 2020

In conjunction with Administrator Wilson I attended for what was a very big and substantial agenda. It was terrific to have our new Chief Executive Officer get in to detail with audit and risk matters, way too many items to go through but a good look at some of our internal systems and controls and areas where we can make sure we continually improve in our stewardship of municipal resources. Really good work being done by the Audit and Risk Committee.

 


 

Lastly, the Chair, Lydia Wilson, provided the following reports on the meetings she has attended:

 

City of Whittlesea Audit and Risk Committee Meeting – 12 November 2020

As Administrator Billson indicated I also attended the Audit and Risk Committee on 12 November and it certainly was a huge agenda, a huge amount of reading but some very important issues relating to internal and external audits, and some key policy issues. You can rest  assured the work of that Committee, including the 3 independent members, is exceptional.

 

Whittlesea Community Connections – 6 November 2020

I attended the Board meeting of the Whittlesea Community Connections where there was a focus on key strategic priorities, updates on the impacts of COVID-19 on the organisation, a focus on their interest in housing and homelessness as well as monthly financial reporting.

 

External Event – Melbourne’s North – 22 October 2020

I also want to make mention that on 22 October I represented the City of Whittlesea on a panel which related to the unlocking of high value jobs in Melbourne’s north, a plan for activating industrial land which had recently been released.

 

Creeds Farm Annual General Meeting – 27 October 2020

I attended the Creeds Farm Annual General Meeting which was very interesting in terms of consideration obviously of their Annual Report, Financial Statements and composition of the Committee.

 

Council Resolution

Moved:                       Administrator Duncan

Seconded:                Administrator Billson

 

THAT Council resolve to note the Delegate’s reports.

Carried

 

 

 


DRAFTScheduled Council Meeting Minutes   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

DELETE THE CLOSURE TEXT NOT REQUIRED

THERE BEING NO FURTHER BUSINESS THE CHAIR OF COUNCIL CLOSED THE MEETING AT 4:04PM.

 

CONFIRMED THIS 7th DAY OF DECEMBER 2020.

 

 

 

___________________________

LYDIA WILSON

CHAIR OF COUNCIL