Agenda of Council - 3 March 2020

Ordinary Council Agenda Tuesday 3 March 2020

6. Officers' Reports

6.1 Partnerships, Planning & Engagement

6.1.1 Planning Scheme Amendment C230

Attachments: 1 Subject Site & Proposed Zoning - 25 Vearings Road, Epping ⇩

2 Planning Panel Report ⇩

Responsible Officer: Acting Director Partnerships, Planning & Engagement

Author: Strategic Planner

RECOMMENDATION SUMMARY

1. Support the changes to Amendment C230 as recommended by the independent Planning Panel;

2. Adopt Amendment C230 to the Whittlesea Planning Scheme as recommended by the independent Planning Panel;

3. Submit Amendment C230 to the Whittlesea Planning Scheme to the Minister for Planning for approval;

4. Advise the proponent and submitters to the Amendment of the above; and

5. Note that a s173 agreement is required to be entered into between the Owner and Council in respect to road infrastructure provision prior to the approval of the Development Plan.

KEY FACTS AND / OR ISSUES

· Planning Scheme Amendment C230 seeks to rezone land at 25 Vearings Road, Epping to facilitate the future development of the site for employment (industrial) purposes in line with the broader Cooper Street Employment Area.

· The rezoning is anticipated to provide 4,000 local jobs.

· The Amendment was authorised under section 8A(7) of the Planning and Environment Act 1987 and exhibited from 10 January – 22 February 2019. Eight submissions were received.

· Council resolved to request the Minister appoint an Independent Planning Panel to consider all submissions at its meeting of 1 October 2019.

· An independent Planning Panel considered all submissions and recommended in its Panel Report dated 23 January 2020 that the Amendment be adopted subject to changes outlined as part of this report.

· It is recommended that the Amendment be adopted with changes as recommended by the Panel and forwarded to the Minister for Planning for approval. The proposed changes align with Council’s submission to the Panel.

Report

INTRODUCTION

The purpose of this report is to consider the Independent Planning Panel report for Amendment C230 and make recommendations on the next steps in the Amendment process.

The exhibition outcomes for this Amendment were reported to Council on 1 October 2019 where Council resolved to appoint an Independent Planning Panel to consider submissions made in relation to proposed Planning Scheme Amendment C230 to the Whittlesea Planning Scheme.

The Independent Planning Panel convened in December 2019, and in its report dated 23 January 2020 recommended that the Amendment be adopted as exhibited subject to changes.

BACKGROUND

Council resolved at its meeting Tuesday 3 July 2018 to seek authorisation from the Minister for Planning to prepare and exhibit Planning Scheme Amendment C230 to the Whittlesea Planning Scheme.

Amendment C230 applies to the land at 25 Vearings Road, Epping. The Amendment seeks to rezone the developable area of the land to an industrial 1 Zone (INZ1), apply a Development Plan Overlay Schedule 38 (DPO38) and Vegetation Protection Overlay (VPO1) and remove the Environmental Significance Overlay (ESO4) from the entire site, whilst retaining the Rural Conservation Zone (RCZ) and applying Environmental Significance Overlay (ESO6) on the land affected by Conservation Area 33 as shown on Attachment 1.

The Amendment seeks to rezone approximately 140 hectares of land to facilitate the future redevelopment of the site for employment purposes as part of the broader Cooper Street Employment Area and expedite the transfer of approximately 110 hectares of land within the Biodiversity Conservation Strategy to the Department of Environment, Land, Water and Planning.

The Amendment was publicly exhibited between 10 January – 22 February 2019, and eight submissions were received. The outcomes of the public exhibition were reported to Council on 1 October 2019 where Council resolved to request the Minister for Planning appoint an independent Planning Panel pursuant to Section 23 of the Planning and Environment Act 1987 to consider submissions.

A panel hearing was conducted on 18 and 19 December 2019 with the Panel’s findings and report subsequently received on 23 January 2020 (Attachment 2). The Panel Report recommended that the Amendment be adopted as exhibited subject to changes to the Development Plan Overlay Schedule 38 (DPO38) and to the Schedule to Clause 66.04 which were presented as part of Council’s submission to the Panel.

Ministerial Direction 15 (MD15) requires Council to make a decision on the Amendment within 40 business days of receiving the Panel Report. The purpose of this report is to consider the Independent Planning Panel report and make recommendations on the next steps in the Amendment process.

PROPOSAL

The proposed Planning Scheme Amendment seeks to amend the planning controls in the Whittlesea Planning Scheme to facilitate the future redevelopment of the site for employment purposes (industrial uses).

This includes:

· Rezone part of the land at 25 Vearings Road, Epping outside of Biodiversity Conservation Area 33 from a Rural Conservation Zone (RCZ) to an Industrial 1 Zone (INZ1);

· Delete the Environmental Significance Overlay (ESO4) from the site;

· Apply the Vegetation Protection Overlay (VPO1) to the developable area of the land;

· Apply a Development Plan Overlay Schedule 38 (DPO38) to the land rezoned INZ1; and

· Apply Environmental Significance Overlay (ESO6) to land within Biodiversity Conservation Area 33.

It is proposed to retain the RCZ on the land affected by Biodiversity Conservation Area 33.

CONSULTATION

Amendment C230 was placed on public exhibition between 10 January – 22 February 2019 to affected landowners, prescribed Ministers and relevant government authorities. A notice appeared in the Whittlesea Leader on 8 January 2019 and Government Gazette on 10 January 2019.

Eight submissions were received two of which were from agencies and two from State Government Departments. One submission was received from an adjoining land occupier, one submission from the land owner of 25 Vearings Road, one submission from the Merri Creek Management Committee and one submission from the Friends of Merri Creek.

The outcomes of the consultation and submission were outlined in the report presented to Council on 1 October 2019, where Council resolved to request the appointment of an independent Planning Panel and referred all submissions to the Panel.

PANEL REPORT AND RECOMMENDATIONS

A Directions Hearing to deal with scheduling and administrative matters was held on 14 November 2019. Following the Directions Hearing, the Panel and submitters undertook an inspection of the subject site and its surrounds.

The Panel conducted the Hearing at the Council Offices on 18 and 19 December 2019. The issues contained in submissions were discussed during the Hearing and Council officers presented, as part of its submission to the Panel, alternative wording to the DPO38 and Schedule to Clause 66.04, which sought to resolve these issues. Formatting changes were also made to ensure consistency with form and content requirements of the Whittlesea Planning Scheme.

The Panel provided its formal recommendation on the Amendment and submissions within the Panel Report (Attachment 2). The report was publicly released, and all submitters notified on 5 February 2020.

Panel Report

The Panel Report considered all written submissions, including those by submitters who did not appear at the Hearing, and observations from site visits. In the Panel’s view the Amendment is well founded and strategically justified. To this end the Amendment sought to implement the strategies and directions set by Council as part of the broader Cooper Street Employment Area.

The Panel Report supports the post-hearing version of DPO38 (Attachment 1, Appendix B) which proposes minor changes to the schedule which:

· strengthen recognition of the quarry at 375 O’Herns Road and provide greater protection in respect of the ongoing operations of the quarry;

· strengthen recognition of Conservation Area 33 and provide greater protection around the interface between development and the consideration area; and

· includes conditions and requirements regarding biodiversity protection and other matters.

The Panel made two recommendations which are:

Based on the reasons set out in this Report, the Panel recommends that Whittlesea Planning Scheme Amendment C230 to be adopted as exhibited subject to the following:

1. Make the changes to the Development Plan Overlay Schedule 38 as proposed by Council and shown in Appendix B1 (refer to Attachment 2, Appendix B); and

2. Insert a new entry into the Schedule to Clause 66.04 as shown in Appendix B2 (refer to Attachment 2, Appendix B2).

It is recommended that the above recommendations of the Planning Panel be adopted.

NEXT STEPS

In line with Ministerial Direction 15 (MD15) Council is required to make a decision on the Amendment within 40 business days of receiving the Panel Report.

In considering the Panel report which forms the basis of this report, Council must provide a formal position on each of the Panel’s recommendations, and the Amendment as a whole.

Subject to adoption by Council, the Panel Report and Council’s resolution will be forwarded to the Minister for Planning as part of the request for approval of the Amendment.

Upon the adoption of the Amendment by Council and approval by the Minister for Planning, the next steps will be to finalise the preparation of a Development Plan for the subject site. This will include non – statutory exhibition of the draft Development Plan with adjoining landowners, land occupiers and relevant government agencies.

Before the finalisation of any Development Plan a section 173 agreement will be signed between the Owner of the land and Council in respect to the provision of road infrastructure to be constructed by the Owner of the land to service the proposed development. The s173 agreement will advise on the extent of road infrastructure to be constructed along Vearings Road, Epping and the western extent of O’Herns Road, Epping and the treatment of the intersection of both of these roads.

CRITICAL DATES

Date	Key Milestone
July 2018	Council resolve to commence planning scheme amendment
October 2018	Authorisation granted by Minister for Planning
January 2019	Exhibition of Amendment C230
March – September 2019	Consideration of submissions
November 2019	Direction Hearing
December 2019	Planning Panel
January 2020	Panel Report received
March 2020	Council must make a decision within 40 business days on the Amendment.

Policy strategy and legislation

Ministerial Directions

The Amendment has been prepared considering the following Ministerial Directions:

· Ministerial Direction No. 1 Potentially Contaminated Land

· Ministerial Direction No. 9 Metropolitan Planning Strategy

· Ministerial Direction No. 11 Strategic Assessments of Amendments

· Ministerial Direction No. 15 The Planning Scheme Amendment Process

· Ministerial Direction No. 19 Information Requirements for Amendments that may result in impacts on the environment, amenity and human health

The completion of the Environmental Site Assessment prior to the finalisation of the Amendment satisfies EPA requirements and Ministerial Direction No. 1 with additional requirements imposed as part of the Development Plan Overlay.

Planning Practice Notes (PPN)

The Amendment documents have been prepared considering the following practice notes:

· PPN02: Public Land Zones

· PPN10: Writing Schedules

· PPN23: Applying the Incorporated Plan and Development Plan Overlays

· PPN30: Potentially Contaminated Land

· PPN46: Strategic Assessment Guidelines

· PPN89: Extractive Industry and Resources

State Planning Policy Framework (SPPF)

The Amendment will implement the SPPF, particularly the following:

· Facilitate investment in Melbourne’s outer areas to increase local access to employment.

· Protect and strengthen existing and planned employment areas and plan for new employment areas.

· Ensure availability of land for industry.

· Assist in the identification, protection and management of important areas of biodiversity.

· Consider the risk of bushfire to people, property and community infrastructure.

· Ensure the design of subdivisions achieves attractive, safe, accessible, diverse and sustainable neighbourhoods.

Local Planning Policies and Strategies

The Amendment considers and implements Council’s local planning policies and strategies including:

· Whittlesea 2040 – A place for all

· In particular the Amendment implements the Strong Local Economy goal

· Whittlesea Municipal Strategic Statement (MSS)

· City of Whittlesea Economic Development Strategy (2017)

· Cooper Street West Position Paper (2017)

The Amendment also accords with State Government Policy as outlined in the Melbourne North Growth Corridor Plan (Victorian Government, 2012) and Plan Melbourne 2017 – 2050, the updated Metropolitan Planning Strategy.

link to strategic risks

Strategic Risk Environmental - Failure to prevent significant negative impact of Council’s decisions on land use planning relating to contaminated sites

The subject land contains a number of environmental characteristics including significant conservation areas and potentially contaminated land. The completion of a Preliminary Environmental Site Assessment was the initial step in the process to satisfactorily address the potential for contamination. The Preliminary Environmental Site Assessment identified the site as having a ‘medium’ potential for contamination and concluded that the land was appropriate for industrial development. Council officers will seek further assessment in order to further understand the type and level of contamination affecting the subject site.

Links to whittlesea 2040 and the CoUNCIL Plan

Goal Strong local economy

Key Direction Increased local employment

The proposed Amendment will support the implementation of Whittlesea 2040 and the Council Plan. The proposed planning scheme controls will ensure future industrial development is responsive to and has regard to the site’s surrounds. The development will deliver significant local jobs and economic growth for the municipality and expand the existing Cooper Street Employment Precinct.

Declarations of Conflicts of Interest

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

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

Conclusion

Amendment C230 to the Whittlesea Planning Scheme seeks to rezone the subject land to facilitate the development of land for employment purposes.

The Amendment has been prepared and exhibited in accordance with Council’s resolution from 3 July 2018. Amendment C230 was publicly exhibited from 10 January 2019 – 22 February 2019, where a total of eight submissions were received.

Submissions to the Amendment were considered and referred to an Independent Planning Panel in accordance with Council’s resolution from 1 October 2019. An Independent Planning Panel was appointed, and the Panel Hearing was held in December 2019. The Panel recommended adoption of the Amendment subject to minor changes. The changes recommended by the Panel are appropriate and supported.

This Amendment implements the strategic direction of the broader Cooper Street Employment Area and rezoning will provide capacity for 4,000 local jobs.

It is recommended in accordance with the recommendations of the Panel Report, Amendment C230 be adopted and submitted to the Minister for Planning for approval.

RECOMMENDATION

THAT Council resolve to:

1. Support all changes to Amendment C230 as recommended by the Independent Planning Panel and contained in Attachment 1 Appendix B of this report;

2. Adopt Amendment C230 to the Whittlesea Planning Scheme;

3. Submit Amendment C230 to the Whittlesea Planning Scheme to the Minister for Planning for approval;

4. Advise the proponent and submitters to the Amendment of the above; and

5. Note that a s173 agreement is required to be entered into between the Owner and Council in respect to infrastructure provision prior to the approval of the Development Plan.

Ordinary Council Agenda Tuesday 3 March 2020

6.1.2 Deletion of Site Specific Controls- 592-694 High Street, Epping- Kaufland

Attachments: 1 Site Plan ⇩

2 Incorporated Document ⇩

3 Letter to Minister, Dec 2018 ⇩

Responsible Officer: Manager Strategic Planning & Design

Author: Senior Strategic Planner

RECOMMENDATION SUMMARY

THAT Council resolve to write to the Minister for Planning and request the immediate deletion of site specific controls applied to 592-694 High Street, Epping as part of the Amendment GC123 to the Whittlesea Planning Scheme via a Planning Scheme Amendment utilising Section 20(4) of the Planning and Environment Act 1987.

KEY FACTS AND / OR ISSUES

· In 2018, Kaufland Australia Pty Ltd requested that the Minister for Planning change the planning scheme provisions that apply to the land at 592-694 High Street, Epping to facilitate the development of a new a supermarket.

· The Minister for Planning referred the proposal to the Kaufland Stores in Victoria Advisory Committee.

· Council made submissions to the Advisory Committee which did not support the draft Amendment as it was considered inconsistent with the Epping Central Structure Plan and other provisions in the Whittlesea Planning Scheme.

· The Advisory Committee recommended that the draft Amendment be approved subject to changes.

· Amendment GC123 which applied site specific controls including an Incorporated Document to the land at 592-694 High Street, Epping were approved by the Minister for Planning in July 2019.

· In January 2020, Kaufland announced their plans to withdraw from the Australian market.

· The controls introduced to the Whittlesea Planning Scheme as part of Amendment GC123 have therefore become redundant and should be deleted.

Report

INTRODUCTION

The purpose of this report is to recommend that Council write to the Minister for Planning to request that the controls applied to the land 592-694 High Street, Epping as part of Amendment GC123 be deleted through a further Planning Scheme Amendment utilising S.20(4) of the Planning and Environment Act 1987.

The controls were applied to facilitate the Kaufland Supermarket following the Kaufland Stores in Victoria Advisory Committee and were in the opinion of Council, inconsistent with the Epping Central Structure Plan and other provisions in the Whittlesea Planning Scheme.

In January 2020, Kaufland announced its withdrawal from the Australian market.

Background

In 2018, Kaufland Australia Pty Ltd requested that the Minister for Planning change the planning scheme provisions that apply to the land at 592-694 High Street, Epping to facilitate the development of a supermarket. The site is located in the Epping Central Metropolitan Activity Centre and affected by the Epping Central Structure Plan (refer to Attachment 1).

The proposal at Epping was to use and develop the site for a supermarket with ancillary retail uses (including packaged liquor) and associated on site car parking. A draft amendment including a site-specific Incorporated Document was proposed by the proponent in order to facilitate the use and development without the need for a subsequent planning permit (refer to Attachment 2).

The Minister for Planning referred the proposal to the Kaufland Stores in Victoria Advisory Committee. The Advisory Committee considered proposals to develop a supermarket at various sites across Victoria including Epping.

Council considered the proposal at its meeting on 13 November 2018 and resolved to make the following submissions to the Advisory Committee:

· not support the proposed development in its current form given the inconsistency of the proposed development with the vision of the precinct outlined in the Structure Plan;

· request that Council’s planning policies and strategies be properly considered and implemented as part of the Advisory Committees assessment of the proposal;

· raise matters which could be improved in the design to better align with Council’s planning policies and vision for the precinct;

· request the preparation of a master plan which demonstrates how the proposed development accommodates the long term vision for the precinct and integrates with surrounding development; and

· request a social impact assessment to be prepared and a reduction in the proposed liquor component to the development in accordance policy contained in Schedule 1 to the Activity Centre Zone.

Council also resolved to write to the Minister for Planning highlighting the importance of existing local and State planning policies and strategies and their impact on the future strategic planning and development of the subject area, as part of any decision made in respect to the outcomes of the Kaufland Stores in Victoria Advisory Committee (refer to Attachment 3).

The hearing for the Advisory Committee was held over 9 days in November and December 2018. The Advisory Committee submitted their report 7 February 2019 and recommended that the draft amendment to the Whittlesea Planning Scheme be approved subject to changes.

Amendment GC123

In July 2019 Amendment GC123 was subsequently approved by the Minister for Planning. In respect to the Whittlesea Planning Scheme, the Amendment:

· Incorporated the document “Kaufland Supermarket and complementary uses, 592-694 High Street, Epping, Incorporated Document, March 2019” in into the Whittlesea Planning Scheme (refer to Attachment 2);

· Introduces the Specific Controls Overlay (Clause 45.12) to the Whittlesea Planning Scheme;

· Applies the Specific Controls Overlay (Clause 45.12) to the land described above;

· Lists the incorporated document relevant to that scheme in the schedule to the Specific Controls Overlay (Clause 45.12);

· Updates the schedule to Clause 72.03 to introduce the new Special Control Overlay maps in each scheme; and

· Lists the incorporated document relevant to that scheme in the schedule to Clause 72.04.

Kaufland Withdrawal

In January 2020, Kaufland announced its withdrawal from the Australian market. In respect to the site 592-694 High Street, Epping, site preparations works including demolition of the former Bunnings Warehouse building have occurred but construction works have not commenced.

At this time, it is not known what Kaufland Australia Pty Ltd intend to do with sites in its ownership including 592-694 High Street, Epping. It is noted that there is a difference in respect to the stage of development of the various proposed supermarkets across the state depending of which tranche the stores were processed through the Advisory Committee.

As outlined above the controls have been approved as part of Amendment GC123 for the early tranches which included Epping. Some sites have commenced construction whilst others such as Epping have not commenced. Later tranches have completed their Advisory Committee hearings and were awaiting the recommendations of the Committee.

Kaufland have advised the Advisory Committee that they will no longer be pursuing their interests through the Advisory Committee process and therefore Committee will not release the findings or recommendations for sites midway through the process nor will hearings be held in respect to the next tranches of stores which was to include a proposed store in South Morang.

CRITICAL DATES

Date	Key Milestone
1 October 2018 to 26 October 2018	Exhibition Period
2 November 2018	Directions Hearing
19 November 2018	Public Hearing
7 February 2019	Advisory Committee Report released
24 July 2019	Amendment GC123 approved
January 2020	Kaufland announce withdrawal

DISCUSSION

The controls applied to the land at 592-694 High Street, Epping are very specific to the proposed Kaufland supermarket. It includes an Incorporated Document which permits the proposed use and buildings without the need for the planning permit or any further consideration of the requirements in the Whittlesea Planning Scheme.

In the opinion of Council, the proposed design was inconsistent with the Whittlesea Planning Scheme, in particular the vision of the precinct outlined in the Epping Central Structure Plan which states:

Redevelopment should incorporate a mix of uses at higher densities (including employment, retail and residential), public open space, a fine-grained pedestrian network and high quality urban design.

The issues which Council raised at the Advisory Committee in respect to the inconsistency with the strategic direction of the site remain relevant as do the issues raised in respect to the site specific controls which were tailored to facilitate the Kaufland store consistent with their standard format.

Whilst, it is not known at this stage what Kaufland Australia Pty Ltd plan to do with the site, it is considered that the site specific controls which includes the ‘Kaufland Supermarket and complementary uses 592-694 High Street, Epping Incorporated Document, March 2019’ are no longer relevant given Kaufland no longer propose to build/operate the supermarket on the subject land. In this respect the controls have become redundant.

Noting that the whole process was specifically tailored to Kaufland, it is considered inappropriate that the controls be retained and potentially facilitate another similar ‘big box’ development inconsistent with the strategic direction for the site. Any future disposal of the site shouldn’t be predicated on the site specific controls being in place which would risk an undesirable built form outcome. As such it is considered that the controls should be removed by the Minister and revert to the underlying statutory framework.

This will ensure that future development will need to accord with the underlying planning controls including Schedule 1 to the Activity Centre Zone and the Epping Central Structure Plan along with other relevant provisions in the Whittlesea Planning Scheme.

It is therefore, recommended that Council write to the Minister for Planning to have the controls which were introduced as part Amendment GC123 be deleted immediately and the Minister should utilise their powers and undertake the Planning Scheme Amendment using a S.20(4) of the Planning and Environment Act 1987.

It should also be noted that Council officers have commenced a project to review and refresh the Structure Plan document and that this is considered the best process to review the future of the site and provide greater certainty and guidance in respect to its future development.

CONSULTATION

Should the Minister for Planning agree to delete the controls it is likely that the Amendment will be undertaken as a Ministerial Amendment in accordance with S.20(4) of the Planning and Environment Act 1987.

In this scenario, the Amendment would not require public notice given it will only be to delete redundant controls. This is considered the most appropriate mechanism to amend the scheme to remove the controls and importantly would ensure that there is no additional expense to Council in preparing a Planning Scheme Amendment.

Policy strategy and legislation

The site is affected by the following policies and strategies which include:

· Plan Melbourne 2017-2050 which identifies Epping as a metropolitan activity centre.

· Epping Central Structure Plan which identifies Council’s vision for the Epping Central Activity Centre.

· Victorian Planning Frameworks which provides for State planning policies.

· Whittlesea Municipal Strategic Statement which provides for Whittlesea’s local planning policies.

· Schedule 1 to the Activity Centre Zone which applies to the land to which the amendment is proposed and outlines land use and development guidelines.

· Schedule 1 to the Parking Overlay which applies to the land to which the amendment is proposed and outlines parking requirements.

· Whittlesea Economic Development Strategy which identifies Councils goal for 10,000 new jobs.

FINANCIAL IMPLICATIONS

It is noted that a significant amount of Council resources including a State Government contribution were allocated to preparing the Epping Central Structure Plan and then to advocate Councils position through the Advisory Committee process.

In respect to deleting the controls which were approved through Amendment GC123 it is recommended that Council request that the Amendment be prepared by the Minister for the Planning under S.20(4) of the Planning and Environment Act 1987 to ensure that there is no additional expense to Council in preparing the Planning Scheme Amendment.

link to strategic risks

Strategic Risk Not linked to the risks within the Strategic Risk Register.

This is an atypical scenario whereby a site-specific control has been approved by the Minister for Planning and has now become redundant. It is important to delete redundant controls from the planning scheme to ensure that the planning controls are current and that development of land occurs in accordance with the adopted strategic direction of the land. The risk of not deleting the control is ambiguity in respect to the planning controls which apply to the land and that the land may be developed by another party inconsistent with the adopted strategic direction of the land.

Links to whittlesea 2040 and the CoUNCIL Plan

Goal Liveable neighbourhoods

Key Direction Well-designed neighbourhoods and vibrant town centres

The Epping Central Structure Plan outlines a vision for the Epping Central Metropolitan Activity Centre to be a vibrant town centre. The proposed Kaufland supermarket proposal was inconsistent with this vision. Therefore, by deleting the redundant controls it will ensure that future development accords with the vision of the Structure Plan and contributes to creating a vibrant town centre.

Declarations of Conflicts of Interest

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

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

Conclusion

In July 2019 Amendment GC123 was approved by the Minister for Planning which introduced site specific controls including an Incorporated Document to facilitate the development of a Kaufland supermarket at the land at 592-694 High Street, Epping.

In January 2020, Kaufland announced its withdrawal from the Australian market. Therefore, the controls which specifically related to the development of a Kaufland supermarket on the site have become redundant. As such it is considered that the controls should be removed by the Minister and revert to the underlying statutory framework consistent with the Epping Central Structure Plan. This ensures that there is no ambiguity as to the planning controls which apply to the land and ensures that the land is not developed by another party inconsistent with the adopted strategic direction for the site.

It is therefore recommended that Council write to the Minister for Planning and request that site specific controls be immediately deleted from the Whittlesea Planning Scheme.

RECOMMENDATION

THAT Council resolve to write to the Minister for Planning and request the immediate deletion of site specific controls, including the “Kaufland Supermarket and complementary uses, 592-694 High Street, Epping, Incorporated Document, March 2019” applied to 592-694 High Street, Epping as part of the Amendment GC123 to the Whittlesea Planning Scheme via a Planning Scheme Amendment utilising Section 20(4) of the Planning and Environment Act 1987.

Ordinary Council Agenda Tuesday 3 March 2020

6.1.3 Street Activities

Attachments: 1 Street Activities Policy 2020 ⇩

Responsible Officer: Manager City Safety and Amenity

Author: Team Leader Local Laws Administration

RECOMMENDATION SUMMARY

It is recommended that Council adopt the proposed Street Activities Policy and rescind the:

a) Footpath Trading Policy (2007);

b) Appeals on Streets – Footpaths Policy (1998);

c) Conduct of Street Stalls Policy (1998);

d) Door Knock Appeals Policy (1998);

e) Highway Collections Policy (1998); and

f) Outdoor Raffles in Public Places (1998).

That fees for 2020/21 permits be included in the public consultation as part of the 2020/21 annual budget process.

KEY FACTS AND / OR ISSUES

· Street activity can be a valuable use of public space and can add vibrancy to shopping strips. It supports the local economy and provides businesses an opportunity to expand their available space. It also assists community groups and charitable agencies to engage with the local community;

· The proposed Street Activities Policy acknowledges that the primary role of the footpath is for safe pedestrian thoroughfare and the importance of clear and unimpeded access for pedestrians of all abilities;

· The proposed policy establishes the factors that Council will consider when determining whether to issue a permit to ensure the interests of the whole area are taken into account and Council’s statutory obligations are met;

· Council has several policies relating to street activities, many of which have not been reviewed since 1998. The proposed policy combines these to make it easier for customers to access information;

· The proposed policy seeks to improve clarity on permit holders’ responsibilities, Council’s process for determining permit applications for street activities and the actions Council will take in instances of non-compliance with the policy;

· Council has historically applied a single fee approach to all activities. The policy proposes a different fee structure to reflect fairer and more equitable fees depending on the level of activity occurring. Fees will be determined as part of the annual Council budget process; and

· The proposed policy attempts to avoid and limit the risk of exposure to litigation from trips, slips, falls or property damage to both permit holders and Council.

Report

proposal / objectives

To adopt the Street Activities Policy which replaces the following policies:

· Footpath Trading (2007);

· Appeals on Streets – Footpaths (1998);

· Conduct of Street Stalls (1998);

· Door Knock Appeals (1998);

· Highway Collections (1998); and

· Outdoor Raffles in Public Places (1998).

Background

There are numerous policies related to street activities, many of which have not been reviewed since 1998. The proposed Street Activities Policy seeks to consolidate these existing policies into a single policy for simplicity.

The proposed policy will be used to manage the use of public footpaths and Council land within the City of Whittlesea for commercial, fundraising or community development purposes by any individual, business or organisation.

The proposed policy acknowledges the primary role of the footpath as a pedestrian thoroughfare and the importance of clear and unimpeded access for pedestrians of all abilities to ensure a safe and enjoyable experience on our streets and in commercial precincts.

Council has the following objectives when considering street activity applications:

a) Public safety: streets are safe and have an unobstructed passage for all pedestrians and safe unobstructed vision for road users;

b) Accessibility: streets are easily navigated by all pedestrians including those who may be physically impaired, have limited vision, or require additional space allowing unobstructed pedestrian passage;

c) Economic benefit: assisting in developing thriving and prosperous business and shopping areas;

d) Amenity: any activity will fit with the overall street character maintaining an attractive and clean visual amenity; and

e) Interaction: activity supports interaction, social inclusion, street trading and alfresco dining as enjoyable activities.

These objectives will be achieved by:

a) A formal permit application process so Council can consider what the activity offers the area and whether it supports local business, community groups or organisations;

b) Ensuring permits are issued prior to any activity occurring;

c) A clear set of permit conditions highlighting the responsibilities of the permit holder;

d) Use of footpath markers (depending on size of activity) to clearly indicate the area the activity is confined to;

e) Council monitoring compliance with this policy and the conditions of the relevant permits; and

f) Enforcement measures being taken when a breach or non-compliance with the permit is detected or by failing to obtain the appropriate permit. This will be achieved using existing staff resources through regular monitoring of the municipality and responding to community complaints.

financial imPLICATIONS

In 2018/19 Council received $27,750 in footpath trading permit fees (including A-frames) or fundraising activities.

Benchmarking across the local government sector has shown that Council’s current fees and charges for street activities are low in comparison and in some instances, Council does not charge a fee at all.

The current permit fee structure is a single fee regardless of the type and size of the activity. Following the public consultation, there was support for a fee structure that better reflects the level of activity requested. It is proposed to implement this structure as part of the 2020/21 annual budget process which will lead reduced fees for many businesses whilst some major users of public land may see a small increase in their permit fee.

The introduction of a permit fee for real estate franchises to place open for inspection/auction pointer boards on the nature strip represents the largest change to the proposed fee structure. It is proposed that Council will set its permit fee at the lower end in comparison to the sector.

On the basis of the above, it is anticipated that there will be an annual revenue increase of around $5,500 as a result of the new permit requirements for real estate franchises should the proposed fee structure be adopted. It is not anticipated to see any increase in revenue overall from existing permit holders.

It is proposed to introduce a fee to cover the cost for the installation of markers into the footpath when the activity is deemed large enough that clear identification is required for both traders and pedestrians/shoppers as to where the trading zone is located.

Council insurers have requested that permit holders have a public liability insurance policy for a minimum of $20M. This may require some businesses to increase their coverage which may come with a small increase in their premiums. A review of current permit holders indicates that all have the $20M cover required.

It is recognised that smaller community or not for profit groups may not have the necessary public liability coverage and an assessment to permit the requested activity will be conducted on a case-by-case basis.

The proposed new fee structure will enable applicants to determine if they wish to proceed with using Council land for their activities or to seek other options.

Fees will be adopted by Council each year as part of the annual budget process.

Consultation

Consultation was conducted during October and November 2019 and included:

· Distribution of the draft policy to 177 current footpath trading permit holders

· Presentation at the Doreen Traders’ Association November meeting

· Presentation at the Mernda Traders’ Association November meeting

· Meeting with a representative of the Bundoora, Lalor and Thomastown Traders’ Associations

· Pop up table at Lalor Shopping Centre to discuss proposal with shoppers

· Internal departments including

o Health

o Urban Design

o Town Planning

o Building

o Economic Development

Outcomes from the consultation are summarised below.

Stakeholder	Responses	Policy impact
Current Permit Holders	No submissions were received.	Nil.
Doreen Traders’ Association	Focus was on keeping the application and renewal process simple so as not to create an administrative burden. Support for varying fee structure depending on activity. Do not want to see financial burden increased on small business sector.	No impact on policy but will be covered in implementing the policy. Council joined the State Government “Better Approvals Project” in 2019 and the Footpath Trading Permit was one of the processes chosen for review and improvement. Varying fee structure to be introduced from 1 July 2020 subject to the annual budget process. Fees set in draft 20/21 budget in most instances see fee charges maintained or reduced for some categories.
Mernda Traders’ Association	Understand need for policy. Support for varying fee structure depending on activity. Do not want to see financial burden increased on small business sector.	As above.
Bundoora, Lalor and Thomastown Traders’ Associations	Focus was on keeping the application and renewal process simple so as not to create an administrative burden. Many traders still not actively using email / internet to conduct business. Support for varying fee structure depending on activity. Do not want to see financial burden increased on small business sector. Looking for as much support as possible from Council to activate shopping strips / centres to encourage buy local.	As above. This is covered in the Economic Development Strategy 2017.
Local shoppers	Shoppers liked the atmosphere it can create. Greatest concern was accessibility in and around trading displays in particular.	The policy defines clear zones for footpath activity. Authorised Officers will conduct regular monitoring of permit areas and use the appropriate level of enforcement as required to ensure accessibility is maintained.
Urban Design	Suggested adding social benefits to the Interaction Objective. Suggested adding general community use to the overall context. Feedback provided on how best to implement the policy.	This has been added. This has been added. This will be taken into account in the supporting guidelines document.
Health	Requested addition of Public Health as an objective to strengthen focus on shelter from the sun and reduction in the impact of tobacco smoke.	Links to City of Whittlesea Natural and Built Shade Policy 2016.
Town Planning, Building, Economic Development and Street Cleansing	Support for policy in general. Provided some guidance notes for implementing policy.	This will be taken into account in the supporting guidelines document.

Critical Dates

Adopting the Street Activities Policy at the March Council meeting will allow for fees and charges to be set as part of the 2020/21 annual budget process.

It is expected all current footpath trading permit holders will transition to the new requirements by September 2020.

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

Whilst street activity can be valuable use of public space it must be balanced to ensure that any activity does not obstruct the view or passage of traffic or pedestrians or create hazards from equipment or goods placed on the footpath or public land.

These risks will be mitigated by the need for suitable public liability insurance by the permit holder, clear permit conditions, maintenance inspections by Council staff and regular compliance audits conducted by Authorised Officers.

Links to whittlesea 2040 and the CoUNCIL Plan

Goal Connected community

Key Direction A healthy and safe community

This policy will ensure that our town centres are vibrant with well-designed street activity that enables the safe passage of pedestrians.

Conclusion

The proposed Street Activities Policy aims to clarify permit holders’ responsibilities and streamline several outdated policies.

Consultation with the business community has supported the overall intent of the policy and the sector is clear it does not want the application process to be an administrative burden. Any fees and charges need to be respectful of the small business environment.

Community feedback is supportive of what street activity can bring to an area but ease of accessibility in and around the activity must be maintained for people of all abilities and those using prams, trolleys and other wheeled objects.

RECOMMENDATION

THAT Council resolve to:

1. Adopt the proposed Street Activities Policy and rescind the:

a) Footpath Trading Policy (2007);

b) Appeals on Streets – Footpaths Policy (1998);

c) Conduct of Street Stalls Policy (1998);

d) Door Knock Appeals Policy (1998);

e) Highway Collections Policy (1998); and

f) Outdoor Raffles in Public Places (1998).

2. That the proposed fees for 2020/21 permits be included in the public consultation as part of the 2020/21 annual budget process.

Ordinary Council Agenda Tuesday 3 March 2020

6.2 Community Services

6.2.1 Leisure Centre Membership Fees

Responsible Officer: Director Community Services

Author: Team Leader Leisure Facilities

RECOMMENDATION SUMMARY

That Council approve the proposed aquatic centre membership fees ahead of the 20/21 budget cycle to allow pre-sales to occur in the lead up to the reopening of the Mill Park Leisure Centre.

KEY FACTS AND / OR ISSUES

· The $26M redevelopment of the Mill Park Leisure Centre is nearing completion.

· In order to successfully reopen the Mill Park Leisure Centre, a membership and pre-sales campaign needs to be implemented prior to Council’s consideration of the 2020/2021 budget, fees and charges.

· The proposed 2020/2021 Mill Park Leisure Centre fees structure is included in this report for Council’s consideration.

· The proposed fees have been developed in partnership with the YMCA Whittlesea and a review of comparative industry standards.

· The proposed fees will provide a greater concession discount as a way of encouraging broader community usage by reducing financial barriers to participation.

Report

Background

The redeveloped $26M Mill Park Leisure Centre is due to re-open mid-2020. The centre represents a significant capital investment for Council and the return of a highly valued community facility. A membership pre-sales campaign prior to the re-opening is crucial to meet the projected membership targets and ensure the centre’s on-going financial viability.

Proposal

In partnership with YMCA Whittlesea, Council Officers recently conducted a review of the membership structure across Council’s aquatic facilities. The review also examined membership models across a variety of private, commercial and other community facilities to determine the model that represent the best value to the City of Whittlesea community.

Competition for members in the health and fitness market is strong with a prevalence of private providers offering low cost, 24/7 access to facilities. Many of these providers offer low levels of support and guidance to users, particularly people with varied access requirements, abilities and limited experience. Council facilities play an important role in providing programs and services that encourage broad community participation and fill gaps left by the private sector.

Council’s aquatic centre membership structure has remained largely unchanged for more than 10 years and does not provide the variety of options and prices now expected by consumers. This is evidenced by a lack of expected growth in membership numbers at Thomastown Recreation & Aquatic Centre (TRAC). The relaunch of Mill Park Leisure Centre provides a logical time to modernise the fees and membership offering to grow the membership base across all of Council’s facilities.

The membership structure review revealed that the traditional method of simplifying options by grouping them together in categories is no longer relevant for customers who would prefer to pay only for the facilities they use, such as pool, programs or gym. A diversified membership structure that offers more affordable and targeted options is proposed to be introduced from 1 July 2020 at all aquatic facilities.

20/21 General Membership

Previous Membership Title	Proposed Membership Title	Inclusions	Current Weekly Fee	New Proposed Weekly Fee	Weekly fee difference (current - proposed)
Aquatic	Bronze	Aquatics Only (or Gym Only)	$13.65	$15.90	$2.25
NEW	Silver	Gym + Classes, or Aquatics + Classes, or Gym and Aquatic	NEW	$17.90	NEW
Club	Gold	Gym, Classes, Aquatics	$19.95	$19.90	-$0.05
NEW	Platinum	Reciprocal, Gym, Classes, Aquatics	NEW	$22.00	NEW
NEW	Premium	Boutique Class Offering (such as F45 style)	NEW	$45.00	NEW

20/21 Concession Membership

Previous Membership Title	Proposed Membership Title	Inclusions	Current Weekly Fee	Proposed Weekly Fee	Weekly fee difference (current - proposed)
Aquatic Conc.	Bronze Conc	Aquatics Only (or Gym Only)	$11.00	$11.10	$0.10
Club Conc.	Gold Conc	Gym, Classes, Aquatics	$16.35	$13.90	-$2.45
Club Teen/Seniors	Gold Conc	Gym, Classes, Aquatics	$12.30	$13.90	$1.60

The key features of the new structure include:

- The introduction of a reciprocal rights membership to use across all of Council’s aquatic facilities: TRAC, Mill Park Leisure Centre and Whittlesea Swim Centre;

- No lock in contracts;

- Separate aquatic and health club memberships will now be available. Rather than grouping facilities together within one fee, customers will be able to separate them and only pay for the service they use;

- Former ‘Club memberships’ now called ‘Gold’ will also include access to the gym, women’s only gym and dry group fitness timetable;

- Aquatics and health club memberships will be offered at the same price;

- A 30% discount will be offered for concession card holders (previously 15-20% discount); and

- A comprehensive range of concession prices have historically been offered (seniors, teens, child, normal concession, aquatics only concession) but have been difficult to promote due to the variety of options. The proposed approach provides a more accessible and affordable concession pricing for members with all concession fees reducing or at most experiencing a minimal ($1.60 p/week) increase.

Existing members will not be negatively impacted by the change and will have the option to transfer to a new membership type or stay on the old structure. The existing membership base will be reviewed bi-annually, and it is anticipated that further members will transition over time. In some cases, a transfer will mean a fee reduction for existing members and it is expected that a large number will be enticed.

Consultation

In developing the proposed fees structure, Council Officers have worked closely with the YMCA Whittlesea and undertaken a review of industry standards. Furthermore, throughout 2018 Council Officers undertook broader community consultation for the development of the Active Whittlesea Strategy, this included an extensive multi-technique participation and engagement process conducted through a mix methods approach. Feedback from this consultation confirmed that Council aquatic centres provide a unique opportunity for residents to be physically active and that community would value an updated, more flexible and accessible membership fee structure.

Critical Dates

Mill Park Leisure Centre’s membership pre-sales are expected to commence in May with the development of marketing collateral and advertising campaigns. The membership fees structure will need to be endorsed prior to this time to ensure a successful lead up campaign that secures a viable opening membership database and associated revenue.

Financial Implications

Implementation of the new membership structure will give Mill Park Leisure Centre a competitive and affordable offering to present to the community at re-opening. The introduction of a 30% discount for concession card holders will provide increased opportunity for broad community usage of Council’s facilities by removing some of the financial barriers to participation. As the fees will be reciprocal at TRAC, a financial impact of approximately $170,000 to $200,000 per annum (at TRAC) is expected in order to facilitate the implementation of the proposed concession membership fees. As membership numbers at TRAC are currently below industry benchmarks, Council Officers will work closely with Whittlesea YMCA to increase sales and grow the membership base to off-set any revenue losses.

Policy strategy and legislation

The activation of Council’s aquatic facilities is closely linked to Whittlesea 2040; specifically, Goal 1: Connected Community. Council’s Active Whittlesea Strategy also outlines the key role that community leisure facilities play in providing opportunities for the community to be active.

link to strategic risks

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

Failing to provide a membership and fee structure that appeals to and meets the needs of the community will mean that the newly redeveloped Mill Park Leisure Centre as well as TRAC fail to meet performance and usage targets.

Links to whittlesea 2040 and the CoUNCIL Plan

Goal Connected community

Key Direction A healthy and safe community

Declarations of Conflicts of Interest

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

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

Conclusion

The $26M redevelopment of Mill Park Leisure Centre is Council’s biggest capital project and will result in a state-of-the-art facility being available to the City of Whittlesea community. The centre represents a significant capital investment for Council. The adoption of a commercially competitive yet community centred fee structure and associated presales campaign is critical to the centre’s success.

RECOMMENDATION

THAT Council resolve to adopt the proposed aquatic centre membership fees for the 2020/2021 period.

Ordinary Council Agenda Tuesday 3 March 2020

6.2.2 THRIVING CHILDREN, YOUNG PEOPLE AND FAMILIES: 'Supporting the health, wellbeing and positive development of children, young people and families in the City of Whittlesea'

Attachments: 1 Thriving Children, Young People and Families Strategy ⇩

2 Thriving Children, Young People and Families Action Plan ⇩

Responsible Officer: Director Community Services

Author: Project Officer

RECOMMENDATION SUMMARY

That Council resolve to endorse the updated Thriving Children, Young People and Families Strategy (Strategy).

KEY FACTS AND / OR ISSUES

· The Thriving Children, Young People and Families Strategy (Strategy) provides direction in supporting the health, wellbeing and positive development of children, young people and families.

· The Strategy is an update of the former Connect: a municipal plan for children, young people and their families in the City of Whittlesea 2013 to 2018.

· The Strategy was presented at the Councillor Briefing on 8 October 2019 prior to its progression to the Council meeting on 12 November 2019.

· On 12 November 2019, Council resolved to “adjourn this item to March 2020 for officers to develop KPIs and measurables in an action plan to go alongside the Thriving Children, Young People and Families Strategy”.

· The Thriving Children, Young People and Families operational Action Plan (Action Plan) listing outputs and measures across a two-year period from 2020-2022 (financial years) has been attached to go alongside the Strategy.

· The Strategy has since been updated with very minor changes (i.e. updated images, Acknowledgement of Country) since it was last presented to Council on 12 November 2019.

Report

Introduction

Thriving Children, Young People and Families Strategy highlights Council’s commitment to continue strengthening the liveability of and support offered to all families in the municipality.

It highlights the City of Whittlesea’s evidence-based approach and commitment to supporting the health, wellbeing and positive development of children, young people and families. It responds to the needs of people from before birth to 25 years and their families.

The Strategy is an update of the former Connect: a municipal plan for children, young people and their families in the City of Whittlesea 2013 to 2018.

Background

At its meeting on 12 November 2019, Council resolved:

“…to adjourn this item to March 2020 for officers to develop KPIs and measurables in an action plan to go alongside the Thriving Children, Young People and Families Strategy.”

In developing the supporting operational Action Plan, over 20 consultations were conducted with internal departments. The themes and key insights derived from these consultations have further shaped the Strategy.

Proposal

Overview

Children and young people in Whittlesea are an important part of the community accounting for almost one in three residents, with approximately 67,000 children and young people aged 0 to 25 years. With a rapidly increasing population, it is important to continue to provide the services and support for the growing number of families to help children and young people achieve their full potential.

Summary of the Strategy

The overall goal of the Strategy is:

“The City of Whittlesea has thriving and connected children, young people and families.”

To achieve this goal, four objectives have been developed. These are aligned with community feedback and are grounded in evidence-based practice. They also aim to build on
existing services and programs:

Objective 1	Provide services and programs that promote positive wellbeing and development
Objective 2	Identify and respond to the needs of children, young people and families experiencing vulnerability or risk
Objective 3	Work in partnership to strengthen service delivery and advocacy
Objective 4	Provide opportunities to inform decisions and connect with the community

To achieve the overall goal of the Strategy, an operational Action Plan has been developed in line with the four key objectives set out in the Strategy.

The operational Action Plan focuses on a two-year period to ensure Council continues to be flexible and resilient to the complex and dynamic regulatory environment, particularly in the areas of Maternal and Child Health and Early Years.

Consultation

In developing the Strategy, many sources were used such as community consultation, sector-specific research, demographic data, best practice guidelines and community and organisation-based plans. Several factors that influence the outcomes of children, young people and families were also considered including: communities, the environment and economic and government landscapes.

A wide range of stakeholders were invited to engage with a steering committee to also help form and guide the ongoing development of the Strategy.

Over 41 consultations were held with community service providers and Council staff who shared professional perspectives as well as their priorities for the municipality now and into the future.

Additionally, key insights from major community consultations that captured the voices of children, young people and families from more than 7,000 residents collectively were used to inform the Strategy.

In developing the operational Action Plan, responsible officers have met with relevant internal departments and teams. Over 20 consultations including a Family, Children and Young People Department Forum were used to inform the outputs and measures of output.

Financial Implications

All the work to be undertaken in the Action Plan occurs within existing resources or are to be advocated for and secured with State Government funding. Should these resources not be available; these actions will not be undertaken.

Policy strategy and legislation

Thriving Children, Young People and Families Strategy provides strategic direction for Council to meet its requirement under the Local Government Act (1989) to build safe, healthy communities and to provide equal access to services and facilities in relation to this section of the community.

National and State priorities

The National and State priorities outlined in the documents below are examples of some frameworks that reinforce the need for this Strategy. They also support Council’s commitment to build safe, healthy communities and to provide equitable access to services and facilities.

· Education and Care Services National Regulations and Law

· Victorian Child Friendly Cities and Community Charter

· Department of Education and Training: 2018-2022 Strategic Plan

· Marrung-Aboriginal Education Plan 2016-2026

· Department of Health and Human Services Roadmap for Reform: children and families – Progress and Directions 2018

· The Early Years Compact 2017-2027

· Youth Policy: Building Stronger Youth Engagement in Victoria.

Local priorities

Locally, Thriving Children, Young People and Families Strategy aligns to:

Whittlesea 2040: A place for all. The City of Whittlesea’s long term-vision which guides all of Council’s work and partnerships with the community and other key stakeholders operating within Whittlesea.

It directly works towards Goal 1: Connected Community. The Strategy outlines the City of Whittlesea’s approach to a healthy community with access to support services needed for the positive development of children, young people and their families in the municipality.

The work undertaken through this strategy also intersects with the three other Goals:

· Goal 2. Liveable Neighbourhoods;

· Goal 3. Strong Community; and

· Goal 4. Sustainable Environment.

The Strategy also aligns to: The City of Whittlesea’s Child Safe Policy 2019 – which highlights our commitment to the safety of every child and young person.

Finally, it integrates the approach between the following frameworks:

· Early Years Policy;

· Middle Years in Whittlesea: A Collective Response;

· Family Strengthening in the City of Whittlesea: An Outcomes Framework;

· YouthPlan2030+;

· Child Safe Policy;

· Aboriginal Inclusion Charter; and

· Stretch Reconciliation Action Plan 2017-2020.

link to strategic risks

Strategic Risk Service Delivery - Inability to plan for and provide critical community services and infrastructure impacting on community wellbeing. This could lead to poor decisions and outcomes and failure to proactively advocate for a range of issues impacting families, children and young people.

Strategic Risk Community and Stakeholder Engagement - Ineffective stakeholder engagement resulting in compromised community outcomes and failure to have a municipal wide approach to the provision of family, children and young people’s services and/or non-achievement of Council's strategic direction

Strategic Risk Governance - Management - Ineffective governance of strategic alignment in operations and activities resulting in either a legislative or policy breach.

Strategic Risk Advocacy - Failure to proactively advocate for a range of issues impacting families, children and young people.

Strategic Risk Financial Sustainability – Inability to meet current and future expenditure. Inadequate future funding on major projects (e.g. sustainable Commonwealth funding on education, mental health services for children and young people).

Links to whittlesea 2040 and the CoUNCIL Plan

Goal Connected community

Key Direction A socially cohesive community

Declarations of Conflicts of Interest

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

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

Conclusion

Thriving Children, Young People and Families Strategy provides strong line of sight to National and State priorities and provides Council with a strong framework to drive action. It provides direction in supporting the health, wellbeing and positive development of children, young people and families. The Strategy ensures that Council can continue to strengthen the liveability of and support it offers to all families within the City of Whittlesea.

RECOMMENDATION

THAT Council resolve to endorse Thriving Children, Young People and Families Strategy.

Council resolution

Moved: Cr Pavlidis

Seconded: Cr Alessi

THAT Council resolve to adopt the Recommendation.

LOST

Division

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

For

Cr Pavlidis

Cr Kozmevski

Cr Alessi

Cr Cox

Cr Joseph

Against

Cr Kirkham

Cr Kelly

Cr Lalios

Cr Monteleone

Cr Desiato

Cr Sterjova

Abstained

Nil

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

lost

COUNCIL RESOLUtion

Moved: Cr Lalios

Seconded: Cr Kirkham

THAT Council resolve to adjourn this item to March 2020 for officers to develop KPIs and measurables in an action plan to go alongside the Thriving Children, Young People and Families Strategy.

CARRIED

Division

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

For

Cr Kirkham

Cr Kelly

Cr Lalios

Cr Monteleone

Cr Desiato

Cr Sterjova

Against

Cr Pavlidis

Cr Kozmevski

Cr Alessi

Cr Cox

Cr Joseph

Abstained

Nil

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

carried

Ordinary Council Agenda Tuesday 3 March 2020

6.3 City Transport and Presentation

6.3.1 Lalor Streetscape Improvement Works (Stage 2) Contract 2019-131 - Tender Evaluation Report

Attachments: 1 Detailed Evaluation - Confidential

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

2 Lalor Streetscape Staging Plan ⇩

Responsible Officer: Director City Transport and Presentation

Author: Senior Contracts Executive

RECOMMENDATION SUMMARY

It is recommended that contract number 2019-131 for Lalor Streetscape Improvement Works (Stage 2):

· is awarded to Evergreen Civil Pty Ltd; and

· for the lump sum price of $2,296,665.81 (excl. GST).

KEY FACTS AND / OR ISSUES

The tender evaluation panel advises that:

· Two tenders were received; and

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

Report

Background

The purpose of this contract is to engage a Contractor to undertake the Stage 2 of the Lalor Streetscape Improvement Works.

These streetscape upgrade works are a continuation of the successfully completed Stage 1 works on Station Street, Lalor. Stage 1 works were completed in November 2019 and has introduced new pathways, pedestrian crossovers, new bus shelter area, landscaping and seating to improve the safety, functionality and overall appearance of the centre.

The Stage 2 works will continue the theme of providing a safer and more attractive centre with works concentrating on David Street to the north of the Lalor Shopping Centre. These works include both the upgrading of the main roundabout at the corner of David Street and Station Street and the re-configuration of the Cypress Street car park located next to May Road.

These improvement works primarily focus on creating new public spaces for the community to use and will include: new seating, lighting, landscaping, pavement upgrades and a new replacement public toilet amenity facility.

Streetscape works will also include civil works that will result in an upgraded roundabout that allows for improved vehicular movement through the introduction of a new left-hand turning lane into David Street and a new designated right-hand turning lane within David Street to allow for improved vehicular access into the north end of May Road Car park.

These civil works include new indented parking bays, drainage and road asphalting works and raised pedestrian crossings to improve the safety for pedestrians visiting the centre. The upgrading of the Cypress Street car park adjacent to May Road car park will be re-configured to add additional car parking bays together with upgraded landscaping. Refer to attachment.

Tenders for the contract closed on 22 January 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. 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 Evergreen Civil Pty Ltd	Yes	Yes	96.8	1
Tenderer B	Yes	Yes	76.7	2

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 (Lalor 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 A socially cohesive community

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

Declarations of Conflicts of Interest

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

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

CONCLUSION

The tender from Evergreen Civil 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 Evergreen Civil Pty Ltd for the sum of $2,296,665.81 (excluding GST) for the following contract:

Number: 2019-131

Title: Lalor 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.

Ordinary Council Agenda Tuesday 3 March 2020

6.3.2 2019/20 Second Quarter New Works Program Report

Attachments: 1 Financial Summary ⇩

2 Project Progress Report ⇩

3 Project Status Photos ⇩

4 Grant Status Report ⇩

5 Project Adjustments ⇩

Responsible Officer: Director City Transport and Presentation

Author: Team Leader Business Support

RECOMMENDATION SUMMARY

1. Approve the adjustments to the 2019/20 New Works Program (as contained in Attachment 5).

2. Note the 2019/20 Second Quarter New Works Program progress report.

KEY FACTS AND / OR ISSUES

This report provides an overview of the financial performance and status of the New Works Program at the end of the second quarter of the 2019/20 financial year with the following key points:

· The annual approved budget for 2019/20 (including carry forwards) is $89,516,480 representing a total of 117 projects.

· The value of work completed is $31,549,386 compared to the year to date planned budget of $37,723,011. This represents a year to date variance of $6,173,625 behind the planned budget.

· Project adjustments are fully offset from within the existing 2019/20 budget or have received unbudgeted external funding.

· $10,708,513 of new infrastructure grant applications have been submitted since 1 July 2019. Applications totalling $8,581,700 have been successful to date.

Report

Introduction

This report provides an overview of the financial performance and status of the New Works Program at the end of the second quarter of the 2019/20 financial year.

The value of work completed for the second quarter is $31,549,386 compared to the year to date budget of $37,723,011. This is due to some projects being behind planned schedule.

In addition, there are contract and purchase orders committing another $36,245,206 which indicates a good level of delivery preparedness for the remainder of the financial year.
Refer to Attachment 1.

The following projects have made significant progress in the second quarter of 2019/20:

· Project ID 0076 – Local road resurfacing

· Project ID 0077 – Local road reconstruction/rehabilitation

· Project ID 1815 – Bundoora Shopping Centre Upgrade

· Project ID 2211 – Drainage Improvements at Laurimar Recreation Reserve

For a detailed progress report on significant projects refer to Attachment 2.

Progress photos on a sample of projects are included in Attachment 3.

Background

Council adopted the 2019/20 New Works Program on 6 June 2019 with a budget of $72,659,135 plus $16,857,345 carry forward providing a total budget of $89,516,480.

Consultation

The New Works Program is a component of the Council budget which undergoes statutory community engagement as part of the annual budget cycle. Additionally, specific external and internal stakeholder consultation is undertaken for individual projects and programs.

Financial Implications

A summary of the program performance by group can be found below, whilst a list of all projects with their current status has been included in Attachment 2.

Financial Status of the New Works Program by Group:

Group	Year To Date Actuals $	Year To Date Budgets $	Year To Date Variance $	Annual Budget $	Program Status
Buildings	10,191,950	13,674,827	3,482,877	31,569,613	Behind planned budget
Drains	292,702	226,510	-66,192	275,000	Ahead of planned budget
Planning & Feasibility	174,795	135,000	-39,795	500,000	Ahead of planned budget
Open Space	4,739,625	5,973,126	1,233,501	14,170,596	Behind planned budget
Plant & Equipment	1,574,208	2,179,767	605,559	3,421,033	Behind planned budget
Roads & Paths	11,394,262	10,442,150	-952,112	28,458,474	Ahead of planned budget
Transport	3,181,844	5,091,631	1,909,787	11,121,764	Behind planned budget
Total	31,549,386	37,723,011	6,173,625	89,516,480

The key projects contributing to the variances are:

· Project ID 1589 Redevelop Mill Park Leisure Centre - The large amount of rock throughout the majority of works combined with the substantial latent conditions encountered have delayed the delivery program.

· Project ID 1698 Main Street Reserve Pavilion Upgrade, Thomastown – awaiting disconnection of services by power authorities to enable the demolition of the old pavilion and new car park to commence.

· Project ID 1915 Stage 2 of Refurbishment of Whittlesea Swim Centre - behind planned budget due to retendering of the splash pad contract.

Project Adjustments

A number of minor changes to the New Works Program are proposed in the second quarter. These adjustments fall into the following categories;

· Projects with offsets identified

· Projects with unbudgeted external funding

· Projects with savings identified to offset overspend in 2018/19 (multi year projects)

The proposed project adjustments result in a reduction to the adopted budget of $1,657,371 giving a revised budget following the mid-year review of $87,947,309.

This reflects the adjustment from the first and second quarters as listed in Attachment 5.

Forecast

Progress of works is expected to accelerate in the third quarter as contracts are awarded and weather conditions improve for construction works, following the industry shutdown/holiday period in December/January.

The forecast end of financial year progress of the New Works Program is expected to be approximately $78.2 million with an estimated carry forward of $9.7 million. This equates to approximately 87% completion unadjusted for extraordinary items against the original budget or 88% against the revised budget.

Infrastructure Grants

A total of $10,708,513 grant applications have been submitted since 1 July 2019.

Successful applications totalling $8,581,700 have been announced since the 1 July 2019.

Refer to Attachment 4 for a detailed list of successful and pending applications.

Policy strategy and legislation

The business case associated with individual projects identifies the respective policy to which they relate.

Lessons learnt and continuous improvement plans are implemented to enhance systems, processes and practices to improve the planning and delivery of the New Works Program.

link to strategic risks

Strategic Risk Life Cycle Asset Management - Failure to effectively plan for the construction, on-going maintenance and renewal of Council’s assets

Council prepares a 4/15 Year New Works Program to plan for future new infrastructure and renewal needs. Failure to address community needs will result in inadequate infrastructure and services being provided.

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

Declarations of Conflicts of Interest

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

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

Conclusion

This report provides a summary of the status of the 2019/20 New Works Program at the end of the second quarter.

RECOMMENDATION

THAT Council resolve to:

1. Approve the adjustments to the 2019/20 New Works Program as listed in Attachment 5.

2. Note the 2019/20 Second Quarter New Works Program progress report.

Ordinary Council Agenda Tuesday 3 March 2020

6.4 Corporate Services

6.4.1 2019/20 Financial Performance - Quarter 2 Report and 2019/20 Mid-Year Budget Review

Attachments: 1 Financial Performance Report for the period ended 31 December 2019 ⇩

2 Land Banking Reserve - Confidential

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

3 2019/20 Mid-Year Budget Review ⇩

Responsible Officer: Director Corporate Services

Author: Coordinator Finance Operations

RECOMMENDATION SUMMARY

1. Note the Financial Performance Report for the period ended 31 December 2019;

2. Note the outcome of the 2019/20 Mid-Year Review (operating budget); and

3. Note that at the end of the 2019/20 financial year, a recommendation will be made regarding transferring Council’s actual versus budget cash surplus to reserves.

KEY FACTS AND / OR ISSUES

This report contains two key items being the Financial Performance Report for the period ended 31 December 2019 and the outcome from the 2019/20 Mid-Year Budget Review:

· Income statement in the Financial Performance Report for the period ended 31 December 2019 shows a favourable year to date variance of Council’s underlying surplus of $7.11 million.

· Favourable income variances have occurred in rates and charges ($2.37 million) and other income ($1.89 million); favourable expenditure variation is predominately in employee benefits ($0.84 million) and finance costs ($0.60 million).

· Mid-Year Budget Review is projecting a year-end cash surplus of $3.43 million.

Report

Introduction

The Financial Performance Report (Attachment 1) for the period ended 31 December 2019, is presented for consideration by Council, in accordance with the Local Government Act 1989.

In addition, officers undertook a 2019/20 Mid-Year Budget Review (Attachment 2) to identify major changes that have occurred since budget adoption.

Background

Financial Performance Report (Attachment 1)

The Financial Performance Report includes the following financial statements:

• Comprehensive income statement;

• Balance sheet;

• Statement of cash flows;

• Statement of capital works; and

• Summary of reserves.

A detailed analysis of income and expenditure in the comprehensive income statement is included in the report. The statement shows a favourable year to date variance of Council’s underlying surplus of $7.11 million.

Favourable income variances have occurred in rates and charges ($2.37 million) and other income ($1.89 million); favourable expenditure variation is predominately in employee benefits ($0.84 million) and finance costs ($0.60 million).

Mid-year budget review (Attachment 2)

In June 2019, Council adopted the Annual Budget 2019/20, which projected a total operating surplus $138.4 million (as per the Budgeted Comprehensive Income Statement) and a balanced cash-basis result (rates funded budget) following adjustments for the treatment of capital items (grants and expenditure), non-monetary asset contributions, reserve transfers and loan principal repayments requirements.

Officers have completed a Mid-Year Budget Review for 2019/20 to identify major changes that have occurred since budget adoption. The review was completed to check that the financial result will be delivered in line with the adopted budget at year end and to address significant budget impacts that have occurred since the original budget was set.

Proposal

It is proposed that the financial performance report for the period ended 31 December 2019 and the outcome of the 2019/20 mid-year review are noted.

Consultation

Consultation with the various departments of Council has been undertaken in preparation of this report.

Financial Implications

The Mid-Year Budget Review projects a revised cash-basis surplus of $3.43 million.

Policy strategy and legislation

Section 138 of the Local Government Act 1989 provides that at least every three months, the Chief Executive Officer must ensure that a statement comparing the budgeted revenue and expenditure for the financial year, with the actual revenue and expenditure to date, is presented to Council.

link to strategic risks

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

This report provides the oversight of Council’s key financial information to enable regular monitoring and to ensure that Council’s financial position remains sustainable.

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

Declarations of Conflicts of Interest

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

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

Conclusion

For the six-month period ending 31 December 2019, Council’s underlying surplus shows a favourable year to date variance of $7.11 million against budget. The 2019/20 Mid-year Budget Review projects a cash-basis surplus of $3.43 million.

RECOMMENDATION

THAT Council:

1. Note the Financial Performance Report for the period ended 31 December 2019;

2. Note the outcome of the 2019/20 Mid-Year Budget Review (operating budgets); and

3. Note that at the end of the 2019/20 financial year, a recommendation will be made regarding transferring Council’s actual versus budget cash surplus to reserves.

Ordinary Council Agenda Tuesday 3 March 2020

6.4.2 Quarterly Safety and Wellbeing report - January 2020 update

Attachments: 1 2020/21 Wellbeing Plan ⇩

Responsible Officer: Director Corporate Services

Author: Manager Corporate Accountability and Performance

RECOMMENDATION SUMMARY

That Council note the report including the successful implementation of the 2019 Wellbeing Plan, the development of the 2020/21 Wellbeing Plan and the current WorkSafe investigation.

KEY FACTS AND / OR ISSUES

This is a quarterly report to Council providing an overview of Council’s Occupational Health and Safety (OHS) performance.

· Council’s lost time injury frequency rate has improved over the past 24 months (nationally recognised measure for safety performance);

· All 32 actions identified in the 2019 Wellbeing Plan have been achieved;

· The 2020/21 Wellbeing Plan has been developed and endorsed;

· There has been a significant increase in incidents lodged relating to psychological stress relating to Councillor behaviour and decisions; and

· A WorkSafe investigation is underway in relation to bullying complaints involving Councillors and officers.

Introduction

Council has over 1,150 employees undertaking a diverse range of roles in various locations. This includes staff working in the community in such areas as aged services, maternal and child health, youth, community development, roads, parks, school crossings, local laws as well as office-based staff. Council has a duty of care to comply with legislation and to take reasonable steps to provide a safe environment for Councillors, staff, contractors, volunteers and members of the public.

As ‘Officers’ under the OHS Act 2004, Council has a responsibility to take reasonable steps to acquire knowledge, make decisions and verify performance to be assured that Council is meeting OHS responsibilities.

Background

A Council Forum was held on 15 May 2018 where Barry Sherriff, Lawyer and OHS Consultant presented “Effectively managing health and safety – leadership, risk management and compliance”. This included outlining responsibilities for Councillors as senior officers under the OHS Act 2004.

Quarterly reports to Council provide an overview of Council’s safety performance and initiatives to build a wellbeing culture and effectively manage safety risks.

Proposal

For Council to note the information in this report in relation to safety and wellbeing management at Council.

Council has an Occupational Health and Safety (OHS) management system, policy, procedures and guidelines in place to meet the requirements of the OHS Act 2004. A proactive approach to managing safety and reducing hazards and risks has been implemented through Council’s 2020/21 Wellbeing Plan which supports the People Strategy (developed 2017) and includes ‘Wellbeing’ as one of five key focus areas.

Wellbeing Plan

Council’s Wellbeing Plan identified 32 actions for 2019 sitting under elements of Leadership, Support, Communication, Accountability and Recognition. All actions of the 2019 Wellbeing Plan have been achieved.

The 2020/21 Wellbeing Plan has been developed and endorsed by ELT and the Corporate OHS Committee. The Plan has identified 34 key actions to build upon the solid risk management foundation established over the past 2 years with the 2018 OHS Roadmap and the 2019 Wellbeing Plan.

WorkSafe investigation

A WorkSafe investigation is underway in relation to reported bullying complaints involving Councillors and officers.

Psychological safety

During November and December there was a significant increase in staff reporting ‘exposure to psychological stress factors’ relating to Councillor behaviour and/or Council decisions. The decision by the Chief Executive Officer to take personal leave and the subsequent Council decision to terminate the Chief Executive Officer impacted on the organisation in relation to increased numbers of staff reporting psychological stress and taking unplanned leave. This impact is reflected in the last pulse survey where the net promoter score dropped from +17 to -16.

A positive result is considered good and a negative result demonstrates employee lack of confidence in recommending the organisation to others. The question in the pulse survey with the largest variation is the question regarding whether people feel safe at work. The responses to this question had remained constant in quarter four of 2018/19 and quarter one of 2019/20 with results of 81.5% and 81.3% respectively, however in quarter 2 of 2019/20 this dropped significantly to 70.8%, which is now below the local government benchmark of 75.1%.

Lost time injuries (LTI)

Lost Time Injury Frequency Rate (LTIFR) is a nationally recognised measure for safety performance. LTIFR refers to the number of lost time injuries within a 12-month period relative to the number of hours worked in that period.

Strong safety performance has been maintained into 2019 allowing Council to maintain its downward trend in LTIs and its LTIFR.

A focus of the 2020/21 Wellbeing Plan is to maintain Council’s commitment to reducing its LTIFR by 20% each year. Council’s current LTIFR is 14.6. The graph below shows a clear downward trend, with an unfortunate spike from May to July with ten LTIs due predominantly to trips/falls on the same level and minor manual handling injuries. Strategies are being put in place to minimise these future risks.

Council did not achieve a 20% reduction of LTIFR over the past year, however has improved by 35% over the past two years (from 22.5 in December 2017 to 14.6 in December 2019).

Graph 1 – LTIFR trend analysis – actual vs target.

Consultation

Monthly reporting is provided to the Executive Leadership Team. City of Whittlesea has a Corporate OHS Committee which meets quarterly to review all safety data and the 2020/21 Wellbeing Plan implementation.

Critical Dates

The 2020/21 Wellbeing Plan will be reviewed quarterly and updated annually.

Financial Implications

WorkCover premium costs are allocated in the budget. Good OHS practices can lead to reduced absenteeism and reduced lost time injuries resulting in a reduced WorkCover premium. The improved safety performance of Council over the past two years is having a positive financial impact from 2019/20 with a reduction in Council’s WorkCover premium. It is anticipated that recent WorkCover claims relating to psychological injuries will result in an increase in WorkCover premiums for the 2021/22 year. It is important to note that WorkCover claims impact for a three year period.

Policy strategy and legislation

Safety and wellbeing of staff is directly linked with Council’s People Plan key focus area of ‘Wellbeing’ and Council’s Value of ‘Wellbeing’.

link to strategic risks

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

Council has a responsibility under the OHS Act to provide a safe working environment so far as reasonably practicable. The OHS management system and wellbeing plan are critical for Council to manage this risk effectively and reduce the safety risk to staff and others.

Links to whittlesea 2040 and the CoUNCIL Plan

Goal Connected community

Key Direction A healthy and safe community

Declarations of Conflicts of Interest

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

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

Conclusion

Safety and wellbeing are a priority as outlined in the People Plan and Council Values. The Wellbeing Plan 2019 was fully implemented and the Wellbeing Plan 2020/21 has been endorsed. There has been a decrease in lost time injuries over the past 12 months with an increased focus on injury prevention programs and identification of priority risks across Council. An increase in psychological stress injuries occurred in late 2019 and a WorkCover investigation is underway.

RECOMMENDATION

That Council note the report including the successful implementation of the 2019 Wellbeing Plan, the development of the 2020/21 Wellbeing Plan and the current WorkSafe investigation.

Ordinary Council Agenda Tuesday 3 March 2020

6.5 Executive Services

6.5.1 Assemblies of Councillors - 3 March 2020

Responsible Officer: Manager Governance

Author: Governance Officer

recommendation summary

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

key facts and/or issues

To report to Council the records of Assemblies of Councillors in accordance with Section 80A(2) of the Local Government Act 1989.

Report

Background

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

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

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

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

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

Proposal

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

Assembly Details	Councillor attendees	Officer attendees	Matters discussed
Councillor Briefing 28 January 2020	Cr Sterjova (Mayor) Cr Desiato (Deputy Mayor) Cr Alessi Cr Cox Cr Lalios Cr Monteleone Cr Pavlidis	CEO-A DCS DCRS DPPE CFBIA MACCE MCAP MCBP MCDT MCP-A MG MMP MPUD MSPD POCS TLCPI	1. Conduct of Councillors at Council Meetings and Briefings. 2. Preparation for 4 February 2020 Council Meeting including Live Streaming. 3. Development of the Council Action Plan 2020/21. 4. Confidential item: Discussion on Matters Raised in Minutes of CEMAC Meeting 21 January 2020. External attendee for all items: Yehudi Blacher, State Government Appointed Monitor Nil disclosures

Assembly Details

Councillor attendees

Officer attendees

Matters discussed

Councillor Briefing

28 January 2020

Cr Sterjova

(Mayor)

Cr Desiato

(Deputy Mayor)

Cr Alessi

Cr Cox

Cr Lalios

Cr Monteleone

Cr Pavlidis

CEO-A

DCS

DCRS

DPPE

CFBIA

MACCE

MCAP

MCBP

MCDT

MCP-A

MMP

MPUD

MSPD

POCS

TLCPI

1. Conduct of Councillors at Council Meetings and Briefings.

2. Preparation for 4 February 2020 Council Meeting including Live Streaming.

3. Development of the Council Action Plan 2020/21.

4. Confidential item: Discussion on Matters Raised in Minutes of CEMAC Meeting 21 January 2020.

External attendee for all items: Yehudi Blacher, State Government Appointed Monitor

Nil disclosures

The table below represents an Index of Officer titles:

Initials	Title of Officer	Initials	Title of Officer
CEO-A	Acting Chief Executive Officer – Kelvin Spiller	MCDT	Manager City Design & Transport – Ben Harries
CFBIA	Community Facilities Business Improvement Advisor – Zoe Thorn	MCP-A	Acting Manager City Presentation – Anthony Kyrkou
DCS	Director Community Services – Russell Hopkins	MG	Manager Governance – Michael Tonta
DCRS	Director Corporate Services – Amy Montalti	MMP	Manager Major Projects – Nick Mazzarella
DPPE	Director Partnerships, Planning and Engagement – Julian Edwards	MPUD	Manager Parks and Urban Design – Susan Hecker
MACCE	Manager Advocacy Communications and Customer Experience – Dean Jenkins	MSPD	Manager Strategic Planning and Design – George Saisanas
MCAP	Manager Corporate Accountability and Performance – Frank Joyce	POCS	Project Officer Corporate Services – Alison Brice
MCBP	Manager Community Building and Planning – Belgin Besim	TLCPI	Team Leader Corporate Planning and Improvement – Robert Kisgen

Consultation

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

Financial Implications

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

Policy Strategy and Legislation

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

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

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

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

link to strategic risks

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

Reporting assemblies of Councillor meetings is a legislative requirement which also promotes open and transparent decision making.

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

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

CONCLUSION

It is recommended that the report containing details of the business transacted at recent Assemblies of Councillors meetings be noted.

Recommendation

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

Ordinary Council Agenda Tuesday 3 March 2020

6.5.2 Appointment of Councillor Representation on Organisations and Committees

Attachments: 1 2020 Organisations and Committees with Councillor Vacancies ⇩

Responsible Officer: Manager Governance

Author: Governance Officer

RECOMMENDATION SUMMARY

THAT Council resolve to appoint Councillor representatives to internal committees and external bodies and committees that require Council representation due to the extraordinary vacancy that has arisen following the resignation of Councillor Ricky Kirkham.

KEY FACTS AND / OR ISSUES

· At the 19 November 2019 Adjourned Ordinary Council Meeting, Council considered and decided upon the appointments of Councillor representatives for internal committees and external bodies and committees that require or have requested Council representation.

· Following the resignation of Councillor Kirkham on 17 February 2020, there are now vacancies for Councillor representation on internal committees and external bodies and committees. Please refer to attachment 1.

Report

Introduction

This report sets out the details of the groups that require Council representation due to the extraordinary vacancy that has arisen following the resignation of Cr Kirkham on 17 February 2020.

BACKGROUND

Council made appointments to committees and external bodies at the Adjourned Ordinary Council Meeting on 19 November 2019.

Councillor appointments to external groups are made for several reasons. These appointments demonstrate Council’s interest and involvement in the organisation and allow Council to be involved in developing their strategic direction. In addition, the membership structure of many of these external bodies includes provision for Councillor membership.

Proposal

Nominations from interested Councillors are sought for representation on organisations which Cr Kirkham had been appointed as a Councillor representative prior to his resignation. Please refer to attachment 1 for a list of the organisations which now have vacancies for Councillor representation for 2020.

Financial Implications

There are no additional financial obligations.

link to strategic risks

Strategic Risk Not linked to the risks within the Strategic Risk Register.

Links to whittlesea 2040 and the CoUNCIL Plan

Goal Connected community

Key Direction A participating community

Declarations of Conflicts of Interest

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

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

Conclusion

Nominations from interested Councillors are sought for representation on the organisations listed in attachment 1 commencing immediately and continuing until the Council Election on 24 October 2020.

RECOMMENDATION

THAT Council resolve to nominate Councillor Representatives, where a vacancy now exists, to organisations and committees listed in Attachment 1 commencing immediately and continuing until the general Council elections on 24 October 2020.

Ordinary Council Agenda Tuesday 3 March 2020

7. Notices of Motion

7.1 Notice of Motion 881 - Public Toilets at David Street, Lalor

Author: Cr Caz Monteleone

Acting Chief Executive Officer Explanatory Note

This Notice of Motion was originally listed for the 10 December 2019 Council Meeting, which was then adjourned to 17 December 2019 and then following that it was adjourned until the 4 February 2020 meeting.

At the meeting on 4 February 2020, Council resolved to adjourn consideration of this item and it is now presented for Council’s consideration.

Councillor Monteleone of South West Ward has given notice that it is his intention to move the following Motion at the Ordinary Meeting of Council to be held on Tuesday 3 March 2020 at 6:30pm:

Preamble

In December 2011, Council adopted the Lalor Neighbourhood Activity Centre Master Plan. The plan identified the need to provide new public toilets for the residents and shoppers of Lalor. The report classified the toilets as high priority and suggested the toilets be delivered within 3 years.

The below resolution will rectify an urgent need for new toilets albeit 9 years after the urgency was first identified.

Officer Comment

This project is not in the current 2019/20 New Works Program. However, the design specification has been completed for a two unit unisex disabled automated toilets at a cost estimate of $400,000 and the works can be tendered to commence by June 2020 subject to Council funding.

MOtion

THAT Council resolve to:

1. Allocate $400,000 to fund the construction of new public toilets located at the David Street, Lalor shops;

2. Commence construction by June 2020.

MOtion

Moved: Cr Monteleone

Seconded: Cr Kelly

THAT Council resolve to adopt the Motion.

AMENDMENT

Moved: Cr Alessi

Seconded: Cr Pavlidis

THAT Council resolve to refer the matter of the funding of toilets for David Street, Lalor to the Annual Budget process and consider the allocation of $400,000 if appropriate.

Division

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

For

Cr Pavlidis

Cr Kozmevski

Cr Alessi

Cr Cox

Against

Cr Kelly

Cr Lalios

Cr Monteleone

Cr Desiato

Cr Sterjova

Abstained

Nil

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

lost

AMENDMENT

Moved: Cr Desiato

Seconded: Cr Sterjova

THAT Council resolve to:

1. Seek a report from Officer’s for best information and best location for the public toilets;

2. Allocate $400,000 to fund the construction of new public toilets located at or nearby David Street, Lalor shops; and

3. Commence construction by June 2020.

COUNCIL REsOLUtion

Moved: Cr Cox

Seconded: Cr Pavlidis

THAT Council resolve to adjourn debate on this item to the 3 March 2020 Ordinary Council Meeting.

CARRIED