Agenda of Council - 1 September 2020

Ordinary Council Agenda Tuesday 1 September 2020

6.1.3 2019/20 New Works Program - Year End Report

Attachments: 1 Financial Summary ⇩

2 Project Progress Report ⇩

3 Project Status Photos ⇩

4 Grant Status Report ⇩

5 Carry Forward Projects ⇩

Responsible Officer: Director City Transport & Presentation

Author: Team Leader Business Support

RECOMMENDATION SUMMARY

1. Note the 2019/20 Year End New Works Program report.

2. Note the adjusted delivery rate of 86.3%.

3. Approve the proposed carry forward of projects totalling $15,458,331.

Brief overview

· The annual approved budget for 2019/20 (including carry forwards) is $89,516,480.

· The revised budget is $87,448,009 due to project budget adjustments as reported through the Quarterly Reports to Council.

· The value of work completed is $66,964,987.

· The adjusted delivery rate is 86.3% to the revised budget after consideration of abnormal items.

· The proposed carry forward budget into 2020/21 is $15,458,331.

rationale for recommendation

The proposed carry forward of funding into 2020/21 will enable completion of projects that are multi-year projects or were impacted and/or delayed throughout 2019/20 for a variety of reasons including COVID-19 restrictions. There are contracts and purchase orders committing these works to be undertaken during 2020/21.

impacts of recommendation

The proposed carry forward budget will add to the Adopted 2020/21 New Works Program budget. The projects that require carry forward budget are mostly multi year projects and can be completed within the existing allocated resources.

what measures will be put in place to manage impacts

The necessary consultation with the community has been undertaken for a majority of the projects where funds are being carried forward into 2020/21. Where appropriate, the status of key projects that have been delayed will be communicated to the community to keep them informed of progress and the anticipated completion dates.

Report

Introduction

This report provides an overview of the financial performance and status of the New Works Program at the end of the 2019/20 financial year and the proposed carry forward into the 2020/21 New Works Program. This report includes:

· A financial summary of the 2019/20 program to the end of June 2020 (Attachment 1).

· A detailed progress report on individual projects within the New Works Program (Attachment 2).

· Photos on the progress of a sample of completed and significant projects (Attachment 3).

· Status report on Infrastructure Grant Applications (Attachment 4)

· Proposed carry forward of budget into the 2020/21 program (Attachment 5).

The year-end expenditure for the 2019/20 New Works Program is $66,964,987 which includes payments and accruals for work completed to the 30 June 2020.

The adjusted delivery rate is 86.3% taking into consideration abnormal items such as net surplus on completed projects, unbudgeted income (eg grants awarded during the financial year), unavoidable delays and circumstances beyond Council’s control (such as COVID-19 related impacts).

The fourth quarter was a period when many projects progressed to completion or substantially near complete. In particular, the following key projects have been completed:

· PID 0696 Construct playing fields and pavilion – Lalor West Reserve (Mosaic)

· PID 0703 Painted Hills Rec Reserve and Community Pavilion, Doreen

· PID 1324 Construct pavilion and car park – Harvest Home Road, Epping North

· PID 1815 Bundoora Shopping Centre Upgrade

· PID 2145 Norris Bank Reserve Master Plan Implementation, Bundoora

· PID 3022 Urbanise Cookes Road (Bridge Inn Road to 45 Cookes Road, Doreen)

· PID 3141 Breadalbane Park basketball key and ring, Mernda

· PID 3299 Blackspot Project McLeans Road, Bundoora

Significant projects scheduled for completion in the first quarter of 2020/21 are:

· PID 1142 Upgrade tennis courts and pavilion – TH Hurrey Recreation Reserve, Yan Yean

· PID 1419 Construct Edgars Creek (Ganbu Gulinj) Community Activity Centre, Epping North

· PID 1698 Upgrade pavilion - Main Street Reserve Thomastown

· PID 2205 Sycamore BMX Track and Car Park Lighting

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.

Throughout the year individual project budget adjustments have been reported through quarterly reports to Council, providing a revised annual budget of $87,448,009.

This is a result of projects being completed with savings, unbudgeted external funding received, projects delivered as Works-in-Kind and projects requiring additional funds.

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. 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 End Actuals	Annual Budget	Revised Budget post Q3	Variance to Revised Budget	Proposed Carry Forward Budget
Buildings	23,149,220	31,569,613	32,506,864	9,357,644	6,492,318
Drains	427,536	275,000	570,700	143,164	147,773
Feasibility & Planning	491,758	500,000	500,000	8,242	0
Open Space	9,493,336	14,170,596	13,115,974	3,622,638	2,891,691
Plant & Equipment	2,986,746	3,421,033	3,486,033	499,287	100,000
Roads & Paths	19,584,296	28,458,474	26,061,586	6,477,290	5,515,204
Transport	10,832,096	11,121,764	11,206,852	374,756	311,345
Total	66,964,987	89,516,480	87,448,009	20,483,021	15,458,331

The year-end result was a net surplus to the approved annual budget of $1,694,563 derived from projects completed under budget and unbudgeted income received through grant opportunities.

Some key projects that have been impacted throughout the year are proposed to be carried forward to 2020/21 to enable their completion and compliance with awarded contracts. This is a result of COVID-19, latent conditions, inclement weather, inadequate tender submissions and service authority delays.

This equates to a proposed carry forward of $15,548,331 into 2020/21 to enable completion of these projects. An itemised list of these projects and justification for carry forward is included in Attachment 5.

COVID 19 Impacts

The COVID-19 pandemic has impacted some projects mainly through delays of specific materials that are sourced from overseas and interstate, contractor restrictions and availability and social distancing requirements. This resulted in a delayed expenditure of $3,637,400 to projects in the 2019/20 New Works Program. The projects affected include:

· Project ID 1589 Redevelop Mill Park Leisure Centre

· Project ID 2072 Streetscape improvements program - Lalor High Street Shops

· Project ID 2077 Streetscape improvements program - Thomastown High Street Shops

· Project ID 2192 All Abilities Playspace - Mill Park

· Project ID 2205 Sycamore BMX Lighting - Track and Car Park

Infrastructure Grants

A total of $24,208,513 grant applications were submitted since 1 July 2019 with $10,581,700 being successful (44%).

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

Policy strategy and legislation

Business cases were prepared for individual projects to ensure best value against the relevant policies and strategies.

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 New Works Program at the end of the 2019/20 financial year.

The adjusted delivery rate is 86.3% after taking into consideration abnormal items such as net surplus, unavoidable delays and circumstances beyond Council’s control (such as COVID-19 related impacts).

RECOMMENDATION

THAT Council resolve to:

1. Note the 2019/20 Year End New Works Program report.

2. Note the adjusted delivery rate of 86.3% to the revised budget.

3. Approve the proposed carry forward of projects totalling $15,458,331.

Ordinary Council Agenda Tuesday 1 September 2020

6.1.4 2019-20 Net Cash Year end report

Attachments: 1 Report of Cash Result ⇩

Responsible Officer: Director Corporate Services

Author: Coordinator Management Accounting

Brief overview

This report provides an overview to Council of the operating cash result for the year ended 30 June 2020 and seeks Council’s endorsement to distribute the favourable operating variance to reserves for future strategic use.

KEY FACTS

The achievement of operating cash surpluses by Council provides the ability to make necessary financial contributions to the City’s future funding of community infrastructure (capital works projects) and key organisational initiatives.

After adjusting for the following one-off factors:

i. The take up of $10.663M in cash grants received in advance from the State and Federal governments for use in 2020/21;

ii. The avoidance of loan repayment and interest expenses of $2.782M by Council deferring new loan borrowings during the year;

iii. Deferred programmed operational expenditure of $1.549M; and

iv. A favourable capital works budget surplus of $1.695M.

The adjusted underlying 2019/20 operating budget cash surplus achieved was $2.7M.

The main contributors to this favourable adjusted operating cash budget result was:

a) Additional income received of $2.583M through supplementary rates and Developer contributions associated with growth and development of the municipality.

The total rolled up 2019/20 net cash position after taking into account all above factors is $19.455M favourable, comprising a Capital budget favourability of $1.694M and Operating budget favourability of $17.761M.

Affecting this result was the financial impact of the COVID-19 pandemic experienced during the April to June quarter of 2020, which was a net expenditure deficit consequence of $1.12M.

RECOMMENDATION SUMMARY

1. Note the rolled up 2019/20 net cash position, which shows a cash surplus between budget and actual of $19.455 million (capital $1.694 million, operating $17.761 million).

2. Endorse the transfers from the net operating cash surplus to reserves as follows:

a. Allocation of State and Federal Government grants of $10,663,265 received in advance for use in 2020/21 to a Grants Reserve for expenditure in accordance with respective grant conditions and requirements.

b. Allocation of $2,580,786 to the Infrastructure Reserve to fund future strategic infrastructure projects.

c. Provisional allocation of $1,000,000 for further emergency relief and response as result of the continued impacts of the ongoing COVID19 environment.

d. Allocation of $1,617,176 relating to postponed expenditure on approved digital technology projects to the Technology Improvement Reserve to continue the investment in digital transformation across the organisation.

e. Allocation of $350,544 to the People Plan Reserve to fund the implementation of the approved People Strategy embedding of a number of overarching initiatives including cultural transformation, workforce planning and capability framework.

3. Endorse the transfers from the net new works (Capital) cash surplus to reserves as follows:

a. Allocation of $1,694,563 to the Infrastructure Reserve to fund future strategic infrastructure projects.

rationale for recommendation

The recommendations are in accordance with the terms of reference for strategic discretionary reserves that was adopted by Council at its 31 October 2017 meeting. Further the recommendations provide allocations to capital works funding and key organisational initiatives.

impacts of recommendation

Financial resources will be available for future strategic use.

what measures will be put in place to manage impacts

Financial performance against budget is monitored closely and presented to the Executive Leadership Team and Council on a regular basis.

Report

Background

The attached report of cash result reconciles Council’s cash surplus to the Comprehensive Income Statement surplus for 2019/20.

The statement shows a net cash position of $19.828 million which is $19.455 million greater than the adopted budget of $0.372 million and $16.402 million greater than the mid-year budget.

The major items which have contributed to this cash surplus are tabled below:

Major items which contributed to cash surplus	Variance $
Victorian Grants Commission Financial Assistance Grant received in advance to fund 2020/21 expenditure	7,489,552
Other grant income received in advance to fund 2020/21 expenditure	3,173,713
Loan payments and interest due to budgeted new borrowings not undertaken during the year	2,781,769
Supplementary valuation and waste collection income arising from higher than expected development activity	2,582,712
Capital works surplus (see 2019/20 New Works Program – Year End Report)	1,694,563
Unexpended budgeted costs related to the digital technology strategy	1,617,176
	19,339,485

Of this favourable variance to adopted budget, $10.663 million relates to the prepayment of the 2020/21 Financial Assistance Grant and other grant income which was budgeted to be received in 2020/21. This grant income has been budgeted in 2020/21 and is required to fund expenditure in 2020/21. The accounting treatment of income required under the new accounting standards requires this income to be recognised in 2019/20 and therefore this does not constitute a true surplus in 2019/20, hence it is proposed that these funds be transferred to a grants reserve to fund budgeted 2020/21 committed expenditure.

The Finance team has closely analysed the factors contributing to the net operating cash surplus in consultation with relevant stakeholders, in order to assess the potential impact on the Long-Term Financial Plan (LTFP) for future years. Refer to attachment 1 for Council's net cash year-end report and commentary on the variances between actual and budget.

Proposal

The 2019/20 net cash year-end report presents the net operating cash result for the 2019/20 financial year and highlights the major variances between actual and budgeted operational performance (attachment 1).

Proposal of the following transfers of the 2019/20 net cash surplus to the following reserves:

· Allocation of State and Federal Government grants of $10,663,265 received in advance for use in 2020/21 to a Grants Reserve for expenditure in accordance with respective grant conditions and requirements.

· Allocation of $2,580,786 to the Infrastructure Reserve to fund future strategic infrastructure projects.

· Provisional allocation of $1,000,000 for further emergency relief and response as result of the continued impacts of the ongoing COVID19 environment.

· Allocation of $1,617,176 relating to postponed expenditure on approved digital technology projects to the Technology Improvement Reserve to continue the investment in digital transformation across the organisation.

· Allocation of $350,544 to the People Plan Reserve to fund the implementation of the approved People Strategy embedding of a number of overarching initiatives including cultural transformation, workforce planning and capability framework.

The remaining $1,548,888 of the surplus is restricted to fund deferred programmed operational expenditure which will be completed in 2020/21.

As reported in attachment 1 and the 2019/20 new works year-end report, the capital program surplus of $1,694,563 is proposed to be transferred to the Infrastructure Reserve to fund future strategic infrastructure projects. Refer to the 2019/20 new works year-end Council report for analysis on this surplus.

The above proposals are in accordance with the Terms of Reference for Strategic Discretionary Reserves that were adopted by Council at its 31 October 2017 meeting.

Consultation

A review of the 2019/20 end of year financial performance has been undertaken in consultation with the Executive Leadership Team and department managers for the preparation of this report.

Financial Implications

As discussed above, it is proposed to reallocate the amount of the surplus that exceeds budget to reserves for future strategic use.

Policy strategy and legislation

The recommendations made in this report align with the principles of responsible financial management that underpin Council’s Strategic Resource Plan.

link to strategic risks

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

This report provides Council with an oversight of the City of Whittlesea’s key financial information to enable monitoring and to ensure City of Whittlesea’s financial position is 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

The 2019/20 end of year financial performance presents a net cash position of $19.455 million. The proposed treatment of reallocating the surplus to reserves for future strategic use is consistent with responsible financial management principles.

RECOMMENDATION

THAT Council resolve to:

1. Note the 2019-20 net cash position, which shows a cash surplus between budget and actual of $19.455 million (capital $1.694 million, operating $17.761 million).

2. Endorse the transfers from the net operating cash surplus to reserves as follows:

a) Allocate State and Federal Government grants of $10,663,265 received in advance for use in 2020/21 to a Grants Reserve for expenditure in accordance with respective grant conditions and requirements.

b) Allocate $2,580,786 to the Infrastructure Reserve to fund future strategic infrastructure projects.

c) Allocate a provisional $1,000,000 for further emergency relief and response as result of the continued impacts of the ongoing COVID19 environment.

d) Allocate $1,617,176 relating to postponed expenditure on approved digital technology projects to the Technology Improvement Reserve to continue the investment in digital transformation across the organisation.

e) Allocate $350,544 to the People Plan Reserve to fund the implementation of the approved People Strategy embedding of a number of overarching initiatives including cultural transformation, workforce planning and capability framework.

3. Endorse the transfers from the net capital cash surplus to reserves as follows:

a) Allocate $1,694,563 to the Infrastructure Reserve to fund future strategic infrastructure projects.

Ordinary Council Agenda Tuesday 1 September 2020

6.1.6 Public Transparency Policy 2020

Attachments: 1 Public Transparency Policy 2020 ⇩

Responsible Officer: Acting Chief Executive Officer

Author: Principal Governance Advisor

RECOMMENDATION SUMMARY

That Council resolve to adopt the Public Transparency Policy 2020.

Brief overview

This report seeks to adopt the Public Transparency Policy which states Council’s commitment to open and transparent decision-making and informs the community on the type of Council information that will be made publicly available.

rationale for recommendation

It is a requirement under section 57 of the Local Government Act 2020 for Council to adopt and maintain a Public Transparency Policy on or before 1 September 2020.

impacts of recommendation

Adopting the Policy ensures that Council complies with legislative requirements and affirms Council’s commitment to open and transparent decision-making.

what measures will be put in place to manage impacts

Relevant Council information will be published on Council’s website together with a copy of the Public Transparency Policy.

Report

PROPOSAL

The objective of the Policy is to promote openness and transparency in Council decision-making processes and to raise public awareness of the availability of Council information.

The Policy seeks to achieve the objective by increasing community confidence and trust in Council’s decision-making processes by providing greater access to Council information and by promoting greater understanding and awareness by the community of how Council’s decisions are made.

The Policy also seeks to facilitate public access to information that is current, easily accessible and disseminated in a timely manner. The proposed Policy is contained in Attachment 1 of this report.

Consultation

Administrators were briefed on the draft policy and have provided feedback.

A public consultation process was also carried out to seek feedback from the community. The draft Policy was published on Council’s website seeking community input for a period of 14 days to allow Council to meet the statutory deadline for adopting the Policy. It is acknowledged that the consultation time was shorter than is preferred but was necessary to enable Council to meet the statutory deadline.

There were no community submissions received in relation to the draft Policy at the close of the public consultation period.

Critical Dates

Council is required to adopt the Public Transparency Policy on or before 1 September 2020.

Financial Implications

There are no financial implications regarding the adoption of this Policy.

Policy strategy and legislation

Section 57 of the Local Government Act 2020 requires Council to adopt and maintain a Public Transparency Policy by 1 September 2020.

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

If the Public Transparency Policy is not adopted by Council by 1 September 2020, Council will be in breach of legislative requirements.

Links to whittlesea 2040 and the CoUNCIL Plan

Goal High-performing organisation

Key Direction More informed Council decisions based on strong advice and community consultation and engagement

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 Public Transparency Policy be adopted to promote openness and transparency in Council decision-making processes and to raise public awareness on the availability of Council information.

RECOMMENDATION

THAT Council resolve to adopt the Public Transparency Policy as attached to this report.

Ordinary Council Agenda Tuesday 1 September 2020

6.1.7 Governance Rules - Local Government Act 2020

Attachments: 1 Draft Governance Rules 2020 ⇩

Responsible Officer: Acting Chief Executive Officer

Author: Governance Officer

RECOMMENDATION SUMMARY

That Council resolve to adopt the Governance Rules as contained in Attachment 1 of the report.

Brief overview

The report recommends that Council adopt the Governance Rules in accordance with section 60 of the Local Government Act 2020, which requires Council to adopt and keep in force Governance Rules.

rationale for recommendation

The adoption of Governance Rules is a requirement under the Local Government Act 2020. Council currently has a Procedural Matters Local Law (No. 1 of 2018) which regulates proceedings at Council Meetings. The Governance Rules incorporate many of the provisions of the Procedural Matters Local Law which have been amended to reflect the provisions of the new Local Government Act 2020.

impacts of recommendation

The new Rules will ensure that Council is meeting its legislative obligations and will put in place meeting procedures that will facilitate Council’s deliberations.

what measures will be put in place to manage impacts

The Governance Rules will be reviewed by Council in 2021 after they have been in operation for a period of time. This will provide Council with an opportunity to assess the effectiveness of the Rules and to provide feedback on any amendments that may be required.

Report

Background

The Local Government Act 2020 requires Council to develop, adopt and keep in force Governance Rules. The Rules will partly replace the current Procedural Matters Local Law (No 1 of 2018) (Local Law) and will address many of the areas currently regulated by the Local Law including the conduct of Council Meetings and meetings of delegated committees and the processes related to Council meeting agendas and minutes.

The draft Rules include the new conflict of interest provisions which will come into operation on 24 October 2020 and will also incorporate Council’s Election Period Policy. The Rules also acknowledge that Council currently comprises of a Panel of Administrators.

Councils are required to adopt their first Governance Rules on or before 1 September 2020.

The Governance Rules must regulate:

· The conduct of Council Meetings;

· The conduct of delegated committees;

· The form and availability of meeting records;

· The election of a Mayor and Deputy Mayor;

· An election period policy;

· Process around the disclosure of conflicts of interest; and

· Other matters prescribed by the regulations.

Once adopted, the Governance Rules will operate to the exclusion of those parts of the Procedural Matters Local Law that they essentially duplicate. Where there is an inconsistency between the Governance Rules and the Procedural Matters Local Law, the Governance Rules will take precedence. Council will undertake a review of the Procedural Matters Local Law in the near future to remove any duplication. The Procedural Matters Local Law will remain in operation as not all sections of the Procedural Matters Local Law are able to be addressed by the draft Governance Rules, including the provisions relating to the use of Council’s common seal and the offence provisions. Changes to a Local Law take at least 3 months which explains why the review will occur after the adoption of the Governance Rules, which is required by the statutory deadline of 1 September.

Proposal

That Council resolve to adopt the Governance Rules, as contained in Attachment 1 of this report.

Consultation

Council’s lawyers reviewed the Rules and assisted in incorporating elements of the existing Procedural Matters Local Law into the draft.

The Rules were presented to the Panel of Administrators at an Administrator Briefing meeting on 21 July 2020 and the feedback received has been incorporated into a draft.

Subsequently, the draft Rules were published on Council’s website and members of the community were invited to provide feedback for a period of 14 days. The public feedback period opened on 24 July 2020 and closed on 7 August 2020.

During this time, no feedback was received. It is acknowledged that the consultation time was shorter than is preferred but was necessary to enable Council to meet the statutory deadline.

Critical Dates

Council is required to adopt the Governance Rules under section 60 of the Local Government Act 2020 on or before 1 September 2020.

Financial Implications

There are no financial implications resulting from the adoption of the Governance Rules. There was a small cost to Council in drafting the Governance rules which is included in Council’s recurrent budget.

Policy strategy and legislation

The Governance Rules are linked to the following pieces of legislation, Council policies and Council Guidelines:

Legislation

Local Government Act 2020

Section 60 of the Local Government Act 2020 requires Council to adopt Governance Rules and prescribes what must be included. The Governance Rules also reflect the various requirements of the Local Government Act 2020, including the conflict of interest provisions.

City of Whittlesea policies and guidelines

Election Period Policy

The Election Period Policy is incorporated in the Draft Governance Rules as required by the Local Government Act 2020.

Public Question Time Policy and Procedural Guidelines

The Public Question Time Policy and Procedural Guidelines detail Council’s procedures around the asking of public questions at Council Meetings, as referred to in Rule 21 of the draft Governance Rules.

link to strategic risks

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

If Council fails to adopt its Governance Rules, it will be in breach of its legislative obligations.

Links to whittlesea 2040 and the CoUNCIL Plan

Goal High-performing organisation

Key Direction More informed Council decisions based on strong advice and community consultation and engagement

Declarations of Conflicts of Interest

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

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

Conclusion

It is recommended that Council adopt the Governance Rules, as contained in Attachment 1, noting that Council’s Election Period Policy has been incorporated into the Rules.

RECOMMENDATION

THAT Council resolve to adopt the Governance Rules, as contained in Attachment 1 of this report.

Ordinary Council Agenda Tuesday 1 September 2020

6.1.8 Amended Council Meeting Schedule for 2020

Responsible Officer: Acting Chief Executive Officer

Author: Team Leader Governance Administration

RECOMMENDATION SUMMARY

THAT Council resolve to amend the Council Meeting schedule for 2020.

Brief overview

It is proposed to amend the remainder of the Council Meeting schedule for 2020 by changing the start time of Council meetings scheduled for November and December from 6.30pm to 3pm and to reschedule the Council Meeting for 8 December to Monday 7 December 2020.

rationale for recommendation

Due to the current COVID-19 pandemic situation, Council proposes to amend the start time to 3.00pm for the remainder of the Council Meeting schedule for 2020 and to accommodate Administrator availability, reschedule the Council Meeting planned for 8 December 2020 to Monday 7 December 2020.

impacts of recommendation

All Council meetings are live-streamed and a recording is publicly available, therefore meetings can be viewed by residents at their convenience.

Council Meetings are generally held in the Council Chamber. Due to the COVID-19 pandemic, until 1 November 2020, section 394 of the Local Government Act 2020 allows Administrators to participate in meetings remotely by electronic means, subject to certain requirements. The November time limit may be extended by the State Government depending on health advice.

what measures will be put in place to manage impacts

Amendments to the 2020 schedule will be published on Council’s website and promoted through Council’s social media channels to encourage members of the community to watch Council meetings by live-stream or recording.

Report

Introduction

To adopt an amended Council Meeting schedule for 2020.

Background

The Council meeting schedule for 2020 was adopted at the Ordinary Council Meeting on 6 August 2019 and amended on 12 November 2019 and 7 April 2020.

All Council meetings are live-streamed, and a recording is publicly available, therefore can be viewed by residents at their convenience.

Council Meetings are generally held in the Council Chamber with the exception for the period from 1 May to 1 November 2020. Due to the COVID-19 pandemic during this s394 of the Local Government Act 2020 allows Administrators to participate in meetings remotely entirely by electronic means of communication.

Proposal

It is proposed that Council:

1. Amend the commencement time for the Council meeting scheduled on 17 November 2020 from 6.30pm to 3pm.

2. Reschedule the Council meeting scheduled for 8 December 2020 to Monday 7 December 2020 and amend the commencement time for this meeting from 6.30pm to 3pm.

3. Set the venue as the Council Chamber, Council Offices, 25 Ferres Boulevard, South Morang.

4. Give public notice of the amended Council Meeting schedule for 2020.

Critical Dates

The schedule for proposed Council meeting dates for 2021 will be considered at the Council Meeting on Monday 7 December 2020.

Financial Implications

Costs associated with holding Council Meetings are covered in existing budgets.

link to strategic risks

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

Regular Council meetings promote open and transparent decision making and civic engagement.

Links to whittlesea 2040 and the CoUNCIL Plan

Goal High-performing organisation

Key Direction More informed Council decisions based on strong advice and community consultation and engagement

Conducting Council meetings throughout the year gives the community an opportunity to become involved in Council’s decision-making process on issues that affect the 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

It is recommended that the proposed amended Council meeting schedule for 2020 be adopted and advertised to the public.

RECOMMENDATION

THAT Council resolve to:

1. Amend the commencement time for the Council meeting scheduled on 17 November 2020 from 6.30pm to 3pm.

2. Reschedule the Council meeting scheduled for 8 December 2020 to Monday 7 December 2020 and amend the commencement time for this meeting from 6.30pm to 3pm.

3. Set the venue as the Council Chamber, Council Offices, 25 Ferres Boulevard, South Morang; and

4. Give public notice of the amended Council Meeting schedule for 2020.

Ordinary Council Agenda Tuesday 1 September 2020

6.1.9 Assemblies of Administrators - 1 September 2020

Responsible Officer: Acting Chief Executive Officer

Author: Governance Officer

recommendation summary

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

BRIEF OVERVIEW

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

rationale for recommendation

It is a requirement of the Local Government Act 1989 for Assemblies of Councillors (Administrators) records to be reported to Council.

impacts of recommendation

Meets the legislative requirement which contributes to promotion of open and transparent decision making.

what measures will be put in place to manage impacts

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

Report

Background

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

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

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

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

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

· A planned or scheduled meeting that includes an Administrator and a member of Council staff; or

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

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

Proposal

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

Assembly Details	Administrator attendee	Officer attendees	Matters discussed
Administrator Briefing 13 July 2020	Lydia Wilson (Chair) The Hon Bruce Billson (Administrator) Peita Duncan (Administrator)	ACEO DCTP DCS DCRS DPPE MG SPO	1. Administrator Protocols. 2. Confidential item: Land Acquisition Woodstock. Nil disclosures
Whittlesea Disability Network 14 July 2020	The Hon Bruce Billson (Administrator)	APO ASPO CSPO DCS PBUM TLA	1. Welcome and Acknowledgement of Traditional Owners. 2. Introductions and Apologies. 3. Declaration of Interest. 4. Minutes of the Previous Meeting. 5. Business arising from the Minutes. 6. Council Update: a. Digital Devices Grant Update. b. Working for Victoria Job Positions Update. 7. Carers Support Program update. 8. Carers Victoria Presentation. 9. Information Sharing. 10. Action Items. Nil disclosures
Administrator Briefing 21 July 2020	Lydia Wilson (Chair) The Hon Bruce Billson (Administrator) Peita Duncan (Administrator)	ACEO DCTP DCS DCRS DPPE MG HOC CIO EA OSO	1. Customer Requests and Complaint Handling. 2. Social Media Discussion, 2020 Guidelines and Draft Protocols. 3. Councillor Expenses and Reimbursement Policy. 4. Review of Council Delegations to the CEO and members of Council staff. 5. Public Transparency Policy. 6. Draft Governance Rules 2020. 7. Confidential Item: Overview of Current Legal Matters. Nil disclosures
Administrator Briefing 28 July 2020	Lydia Wilson (Chair) The Hon Bruce Billson (Administrator) Peita Duncan (Administrator)	ACEO DCTP DCS DCRS DPPE MG MCBP PEA SAA MBP MSPD MCCD TLACD	1. Whittlesea 2040 Overview, Engagement Approach and Advocacy Framework. 2. Proposed Advocacy Priorities 2020/2021. 3. Administrator Engagement with Business, Developers and Investors. 4. BIFT – Beveridge Intermodal Freight Terminal. External Attendees for this item: Qube Consulting Staff Members. 5. Whittlesea Reconciliation Group (WRG) Pre-Meeting Brief. Nil disclosures
Administrator Briefing 4 August 2020	Lydia Wilson (Chair) The Hon Bruce Billson (Administrator) Peita Duncan (Administrator)	ACEO DCTP DCS DCRS DPPE MG SPPO TLED MCBP CIO	1. City of Whittlesea – Profile of our Community. 2. Information Technology and Digital Innovation Strategy. Nil disclosures
Administrator Briefing 10 August 2020	Lydia Wilson (Chair) The Hon Bruce Billson (Administrator) Peita Duncan (Administrator)	ACEO DCTP DCS DCRS DPPE MG ALO MBP MCCD MSPD TLACD	1. Strategic and Statutory Planning Overview. 2. Reactive Hearings. 3. COW Australia Day Celebration Event: Review and Recommendation. 4. Developer Contributions Program. External attendee from Maddocks Lawyers was present for this item. Nil disclosures
Administrator Briefing 18 August 2020	Lydia Wilson (Chair) The Hon Bruce Billson (Administrator) Peita Duncan (Administrator)	ACEO DCTP DCS DCRS DPPE MG HOC ALC MCCD MLCF MPC TLACD TLCIP	1. Community and Leisure Infrastructure Provision and Casa D’Abruzzo Indoor Sports Stadium Proposal. 2. Amended Council Meeting Schedule for 2020 and Council Meeting Schedule for 2021. 3. General Business - Supporting Local Business. 4. Whittlesea Reconciliation Group (WRG) Presentation to Administrators. External attendees from WRG were present for this item. Nil disclosures

Assembly Details

Administrator attendee

Officer attendees

Matters discussed

Administrator Briefing

13 July 2020

Lydia Wilson

(Chair)

The Hon Bruce Billson

(Administrator)

Peita Duncan (Administrator)

ACEO

DCTP

DCS

DCRS

DPPE

SPO

1. Administrator Protocols.

2. Confidential item: Land Acquisition Woodstock.

Nil disclosures

Whittlesea Disability Network

14 July 2020

The Hon Bruce Billson

(Administrator)

APO

ASPO

CSPO

DCS

PBUM

TLA

1. Welcome and Acknowledgement of Traditional Owners.

2. Introductions and Apologies.

3. Declaration of Interest.

4. Minutes of the Previous Meeting.

5. Business arising from the Minutes.

6. Council Update:

a. Digital Devices Grant Update.

b. Working for Victoria Job Positions Update.

7. Carers Support Program update.

8. Carers Victoria Presentation.

9. Information Sharing.

10. Action Items.

Nil disclosures

Administrator Briefing

21 July 2020

Lydia Wilson

(Chair)

The Hon Bruce Billson

(Administrator)

Peita Duncan (Administrator)

ACEO

DCTP

DCS

DCRS

DPPE

HOC

CIO

OSO

1. Customer Requests and Complaint Handling.

2. Social Media Discussion, 2020 Guidelines and Draft Protocols.

3. Councillor Expenses and Reimbursement Policy.

4. Review of Council Delegations to the CEO and members of Council staff.

5. Public Transparency Policy.

6. Draft Governance Rules 2020.

7. Confidential Item: Overview of Current Legal Matters.

Nil disclosures

Administrator Briefing

28 July 2020

Lydia Wilson

(Chair)

The Hon Bruce Billson

(Administrator)

Peita Duncan (Administrator)

ACEO

DCTP

DCS

DCRS

DPPE

MCBP

PEA

SAA

MBP

MSPD

MCCD

TLACD

1. Whittlesea 2040 Overview, Engagement Approach and Advocacy Framework.

2. Proposed Advocacy Priorities 2020/2021.

3. Administrator Engagement with Business, Developers and Investors.

4. BIFT – Beveridge Intermodal Freight Terminal.

External Attendees for this item: Qube Consulting Staff Members.

5. Whittlesea Reconciliation Group (WRG) Pre-Meeting Brief.

Nil disclosures

Administrator Briefing

4 August 2020

Lydia Wilson

(Chair)

The Hon Bruce Billson

(Administrator)

Peita Duncan (Administrator)

ACEO

DCTP

DCS

DCRS

DPPE

SPPO

TLED

MCBP

CIO

1. City of Whittlesea – Profile of our Community.

2. Information Technology and Digital Innovation Strategy.

Nil disclosures

Administrator Briefing

10 August 2020

Lydia Wilson

(Chair)

The Hon Bruce Billson

(Administrator)

Peita Duncan (Administrator)

ACEO

DCTP

DCS

DCRS

DPPE

ALO

MBP

MCCD

MSPD

TLACD

1. Strategic and Statutory Planning Overview.

2. Reactive Hearings.

3. COW Australia Day Celebration Event: Review and Recommendation.

4. Developer Contributions Program.

External attendee from Maddocks Lawyers was present for this item.

Nil disclosures

Administrator Briefing

18 August 2020

Lydia Wilson

(Chair)

The Hon Bruce Billson

(Administrator)

Peita Duncan (Administrator)

ACEO

DCTP

DCS

DCRS

DPPE

HOC

ALC

MCCD

MLCF

MPC

TLACD

TLCIP

1. Community and Leisure Infrastructure Provision and Casa D’Abruzzo Indoor Sports Stadium Proposal.

2. Amended Council Meeting Schedule for 2020 and Council Meeting Schedule for 2021.

3. General Business - Supporting Local Business.

4. Whittlesea Reconciliation Group (WRG) Presentation to Administrators.

External attendees from WRG were present for this item.

Nil disclosures

The table below represents an Index of Officer titles:

Initials	Title of Officer	Initials	Title of Officer
ACEO	Acting Chief Executive Officer – Joe Carbone	MG	Manager Governance – Michael Tonta
ALC	Aboriginal Liaison Coordinator– Donna Wright	MLCF	Manager Leisure & Community Facilities – Benjamin Waterhouse
APO	Access Project Officer – Ibrahim Elsoukmani	MPC	Manager People & Capability – Sanjib Roy
ASPO	Administration Support & Project Officer – Kayla Mountjoy	MSPD	Manager Strategic Planning & Design – George Saisanas
CIO	Chief Information Officer – Hans Wolf	OSO	Office of Chief Executive Officer Support Officer – Jennifer Fothergill
CSPO	Carer Support Programs Officer – Trina Laffy	PBUM	Pandemic Business Unit Manager – Neville Kurth
DCS	Director Community Services – Belgin Besim	PEA	Participation & Engagement Advisor – Luke Hambly
DCRS	Director Corporate Services – Amy Montalti	SAA	Senior Advocacy Adviser – Michele Purtle
DCTP	Director City Transport and Presentation – Ben Harries	SPO	Senior Property Officer – Greg Phippen
DPPE	Director Partnerships, Planning & Engagement – Julian Edwards	SPPO	Social Policy & Project Officer – Karen Greer
EA	Executive Assistant to the Acting Chief Executive Officer – Madeleine Knowles	TLA	Team Leader Access – Stephen Bell
HOC	Head of Communications – Kristi High	TLACD	Team Leader Aboriginal & Cultural Diversity – Nick Butera
MBP	Manager Building & Planning – Karen Leeder	TLCIP	Team Leader Community Infrastructure Planning – David Mazzotta
MCBP	Manager Community Building & Planning – Joanne Kyrkilis	TLED	Team Leader Economic Development – Sarah Rowe
MCCD	Manager Community Cultural Development - Rachel Francis

Consultation

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

Financial Implications

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

Policy Strategy and Legislation

Section 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 Administrators is, as soon as practicable:-

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

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

link to strategic risks

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

Reporting assemblies of Administrators meetings is a legislative requirement which 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 Administrators meetings be noted.

Recommendation

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

Ordinary Council Agenda Tuesday 1 September 2020

6.4 City Transport and Presentation

6.4.1 2020-32 - Construction of McLeans Road Kindergarten, Bundoora - Tender Evaluation Report

Attachments: 1 Detailed Evaluation - Confidential

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

Responsible Officer: Director City Transport & Presentation

Author: Senior Contracts Executive

RECOMMENDATION SUMMARY

It is recommended that contract number 2020-32 for the Construction of McLeans Road Kindergarten is awarded to Circon Constructions Pty Ltd for the lump sum price of $3,775,770 (excl. GST).

Brief overview

The tender evaluation panel advises that:

· Ten 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.

rationale for recommendation

The tender evaluation clearly demonstrated that Circon Constructions Pty Ltd is the best tenderer to undertake this project in accordance with Council’s requirements. The company demonstrated the right capability and capacity to undertake this project, with minimal risk to Council. Circon Constructions Pty Ltd has delivered similar projects for Councils in Victoria and also for the City of Whittlesea. The company is currently undertaking the construction of the Thomastown Primary School Kindergarten.

impacts of recommendation

The main impact is the completion of this project within the 2020/21 New Works Program. The new kindergarten will be completed before the start of the 2022 school calendar year.

what measures will be put in place to manage impacts

There will be regular consultation with the relevant stakeholders during the delivery of the project. Any change in the progress of this project shall be communicated to affected parties in a timely manner. Contingency plans shall be implemented to manage such impacts.

Report

Background

The purpose of this contract is to engage a Contractor for the redevelopment of the McLeans Road Kindergarten.

The existing McLeans Road Kindergarten is a single room kindergarten built in 1977 within the Norris Bank Reserve in Bundoora. In order to meet forecast demand in the Bundoora precinct by 2022, Council’s Established Areas Infrastructure Plan (EAIP) recommends the provision of a two-room kindergarten. A detailed feasibility analysis and Business Case recommended the demolition of the existing outdated facility and the construction of a new two-room kindergarten along with maternal child health rooms and community meeting space. The existing indented off-road car parking will be expanded to meet the additional parking demand as part of the project.

Tenders for the contract closed on 15 July 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 Circon Constructions Pty Ltd	Yes	Yes	92.4	1
Tenderer B	Yes	Yes	81.7	2
Tenderer C	Yes	Yes	79.2	3
Tenderer D	Yes	Yes	76.2	4
Tenderer E	Yes	Yes	74.0	5
Tenderer F	Yes	Yes	70.5	6
Tenderer G	Yes	Yes	64.1	7
Tenderer H	Yes	Yes	62.5	8
Tenderer I	No	No	N/A
Tenderer J	Yes	No	N/A

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 budget for Construct Kindergarten – McLeans Rd Kindergarten.

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 socially cohesive community

A new kindergarten facility to meet the population growth and the needs of the diverse community in the Bundoora precinct as identified in the Council’s Established Areas Infrastructure Plan (EAIP).

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 Circon Constructions 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 Circon Constructions Pty Ltd for the sum of $3,775,770 (excluding GST) for the following contract:

Number: 2020-32

Title: Construction of McLeans Rd Kindergarten, Bundoora

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 1 September 2020

6.5 Corporate Services

6.5.1 Epping Cemetery Trust - Freedom of Information Requests and Abstract of Accounts

Attachments: 1 Site Plan & Photo ⇩

2 Abstract of Accounts 2019/20 ⇩

3 Signed FOI 2019/20 ⇩

4 Statutory Declaration Form ⇩

Responsible Officer: Director Corporate Services

Author: Senior Property Officer

RECOMMENDATION SUMMARY

1. This report requests that two Administrators, as members of the Trust, be signatories of the 2019/20 Abstract of Accounts (which reports on the annual finance, maintenance and burials records).

2. Note that the Freedom of Information Commissioner has been advised that no Freedom of Information requests have been received for year ended 30 June 2020.

3. Due to the public health restrictions in place in Victoria, the statutory declaration process has been modified to allow documents to be signed digitally. Each Administrator (electing to digitally sign the Abstract of Accounts), must also digitally sign the statutory declaration as a supportive document to the Abstract of Accounts.

Brief overview

· The City of Whittlesea was appointed Trustee of the Epping Cemetery Trust (‘Trust’) on 21 April 1994 under the Cemeteries Act 1958 (now Cemeteries and Crematoria Act 2003) and all Councillors are Trust members for their term on Council.

· The Cemetery was widely used for burials through the late 1800’s and 1900’s but has since been retained for conservation value since its formal closure in 1960.

· The Epping Cemetery Trust is responsible for the management of native grasses and other flora and fauna located within the site. All other maintenance, including the replacement and improvement of headstones, remain the responsibility of the descendants of those buried at the cemetery.

rationale for recommendation

· A signed copy of the ‘Abstract of Accounts 2019/20’ and signed ‘Statutory Declaration Form (two copies)’ must be submitted to the Department of Health and Human Services by 1 September 2020.

· Council officers have confirmed that no Freedom of Information requests have been received during this period.

impacts of recommendation

Failure to provide a signed ‘Abstract of Accounts’ and Freedom Information Report, would result in non-compliance under s. 52(3) of the Cemeteries and Crematoria Act.

what measures will be put in place to manage impacts

Administrators, as elected representatives of the Epping Cemetery Trust, have appointed Council officers (as responsible officers) to oversee all operational and financial duties of the Epping Cemetery.

An annual report is presented to ensure Council/Administrators are aware of their appointment to the Epping Cemetery Trust and their roles/responsibilities to oversee the overall management of the Epping Cemetery.

Report

Background

The Epping Cemetery, located at the south western corner of High Street and O’Herns Road, Epping, is a closed Class B Cemetery (no longer reserved for the purposes of accepting new burials) that has been managed by Council since its appointment as Committee of Management on 12 April 1994. It remains a historic landmark that symbolises the final resting place of many of the township’s first settlers (refer to Attachment 1 – Site Plan & Photo).

The City of Whittlesea was appointed Trustee of the Epping Cemetery Trust (‘Trust’) on 21 April 1994 under the Cemeteries Act 1958 (now Cemeteries and Crematoria Act 2003). In exercising its functions, the Trust must have regard to:

· Its obligations in relation to the funding of the perpetual maintenance of the cemetery;

· The cultural and religious values of the community; and

· The heritage values (if any) of the public cemetery.

Council, on behalf of the Epping Cemetery Trust, executed a conservation agreement with the former Department of Sustainability & Environment in 1995, for the management of native grasses and other flora and fauna located within the site.

The Epping Cemetery has undergone significant changes to improve its amenity and overall conservation of native grasslands and other flora and fauna located within the site. Much of the work, including the monitoring of controlled burns (grasslands) and removal of hazardous trees/limbs is co-ordinated by Council’s Parks & Urban Design department.

Proposal

To seek Council’s recommendation to endorse the Abstract of Accounts (2019/20 period) from the Department of Health and Human Services (‘Department’) (refer to Attachment 2 – Abstract of Accounts 2019/20) and note that the Freedom of Information Commissioner has been advised that no FOI requests have been received during this period (refer to Attachment 3 – Signed FOI Requests 2019/20).

Due to the public health restrictions in place in Victoria, the statutory declaration process has been modified to allow documents to be signed digitally. Each Administrator (electing to digitally sign the Abstract of Accounts), must also digitally sign the statutory declaration as a supportive document to the Abstract of Accounts (refer to Attachment 4 – Statutory declaration).

Consultation

Council officers held regular consultation with the Department and other Cemetery Trusts to consider any suitable grant applications at the Epping Cemetery. This report acknowledges that there were no suitable grants opportunities identified during the financial year.

Critical Dates

Council officers must submit a signed copy of the ‘Abstract of Accounts 2019/20’ and signed ‘Statutory Declaration Form (two copies)’ to the Department by 15 September 2020.

Financial Implications

The maintenance costs related to the Cemetery grounds are included in Council’s overall annual budget for bushland maintenance across the whole municipality.

Policy strategy and legislation

Management of Class B Cemeteries is governed by the legislation defined under the ‘Cemeteries and Crematoria Act 2003’.

The Department of Health and Human Services have provided the following links for online publications to assist Trust Members with their roles and responsibilities:

· Introduction as a Trust Member.

· Code of Conduct.

· Conflicts of Interest & Duty.

· Welcome to the Board.

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

Conservation and maintenance works, including the monitoring of controlled burns (grasslands) and removal of hazardous trees/limbs is co-ordinated by Council’s Parks & Urban Design department.

Links to whittlesea 2040 and the CoUNCIL Plan

Goal Sustainable environment

Key Direction Valued natural landscapes and biodiversity

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 Epping Cemetery Trust is required to appoint two members of the Trust (Administrators) to endorse the annual Abstract of Accounts prepared for the 2019/20 financial period and note that Council officers have advised the Freedom of Information Commissioner that no requests were made with regard to the Epping Cemetery during the same period.

RECOMMENDATION

THAT Council, acting in its capacity as the Epping Cemetery Trust, resolve to:

1. Nominate two Administrators to sign the Abstract of Accounts for the 2019/20 financial period.

2. Submit a digitally signed copy of the Abstract of Accounts 2019/20 to the Department of Health and Human Services by a date no later than 15 September 2020.

3. Submit a digitally signed copy of the statutory declaration form (one copy per elected Administrator) as supportive documentation for the digitally signed Abstract of Accounts.

4. Note that the Freedom of Information Commissioner has been advised that no requests were made in relation to the Epping Cemetery, during the 2019/20 financial year.