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Meeting of Council

 

Agenda

 

 

Tuesday 28 September 2021

Commencing at 7.00pm

 

 

Virtual Meeting

 

 

 

 

 

 

 

 

Stephen Wall

Chief Executive Officer

 

Date:   23 September 2021


Civic Centre  
Postal  

Telephone
Facsimile
Email

Logo

Description automatically generated45 Princes Highway, Werribee, Victoria 3030, Australia

PO Box 197, Werribee, Victoria 3030, Australia

   

1300 023 411

(03) 9741 6237

mail@wyndham.vic.gov.au

www.wyndham.vic.gov.au    DX 30258 Werribee Vic

                                               ABN: 38 393 903 860

 

 

 

 

AGENDA

 

Meeting of Council

Tuesday 28 September 2021

 

PLEASE NOTE:  This meeting will start at 7.00pm and will be undertaken by virtual means and live streamed on the internet in line with the COVID-19 Omnibus (Emergency Measures) Act 2020.

 

 

Recording of Council Meeting

Councillors and others present should note that, in accordance with Clause 11 of Wyndham’s Governance Local Law 2020, this meeting will be recorded for the purposes of producing accurate minutes of the meeting.  Some members of the media and public may also record these meetings, so long as they have been permitted to do so by the CEO prior to the meeting, and they abide by the CEO’s set of Guidelines available on Council’s website. Council meetings are live streamed on Council’s website at www.wyndham.vic.gov.au

 

BUSINESS

 

In the spirit of reconciliation, before we begin this meeting, I acknowledge the peoples of the Kulin Nation as the Traditional Owners of the land on which Wyndham is being built.  We pay our respects to their elders, past and present.

 

1.      OPENING PRAYER & WELCOME

“We pray for guidance in the Council’s decision making to achieve the best outcome for the people of Wyndham.”

2.      APOLOGIES & REQUESTS FOR LEAVE 

3.      DECLARATION BY COUNCILLORS OF DISCLOSURE OF CONFLICT OF INTEREST/CONFLICTING PERSONAL INTEREST IN ANY ITEM OF THE AGENDA
All Councillors are individually responsible for assessing and declaring any conflicts of interest that they may have in relation to specific agenda items. Failure to disclose such conflicts may constitute a breach of Section 130(3) of the Local Government Act 2020.

 

4.      CONFIRMATION OF MINUTES OF PREVIOUS MEETING

Motion: That the minutes of the Council Meeting held on Tuesday 10 August 2021 and 24 August 2021, as prepared and circulated, be confirmed.

 

 

5.      Deputations and Presentations

         NIL  

6.      OFFICERS’ REPORTS

6.1         Petitions

On 27 August 2021 Council received a petition signed by 35 people addressed to Wyndham City Council.  Of those signatures, 30 fulfilled the criteria as outlined in the Wyndham Governance Rules, Section 54 and 5 did not meet the criteria

The petition states:

The roadway exit at Lineage Logistics at 60-68 William Angliss Drive, Laverton North is easily blocked by an vehicle and in particular rigid, prime movers, semi-trailers and containers and the angle of exit is dangerous when vehicles are parked near roadway exit.

Therefore, the petitioners hereby request that a “No Standing Zone” is implemented on either side of the roadway exit at Lineage Logistics at 60-68 William Angliss Drive, Laverton North.

The original petition has not been attached to this report, due to privacy reasons.

Wyndham City Council notes the petition and will prepare a report to respond at the next Council Meeting on 26 October 2021.

6.2         Strategic Reports

              NIL

6.3         Policy/Advocacy

6.3.1      Resilient Wyndham - National and Global Campaigns                                                                                  7

6.4         Strategic & Town Planning

6.4.1      Planning Scheme Amendment C243 - Public AcquisItion Overlay, Tarneit and Sayers Roads   15

6.4.2      Panel Report for Planning Scheme Amendment C252 - New Gaming Policy                                                   22

6.4.3      Enhancing Planning Scheme Protections against multi-level unit development                                        29

6.5         Other Reports

6.5.1      Wyndham City Financial Reports for the Year Ended 30 June 2021                                                                38

6.5.2      Wyndham Tree Canopy Cover                                         47

6.5.3      Manor Lakes North Reserve Master Plan Adoption                                                                                  93

6.5.4      Alfred Road Reserve Master Plan Adoption        119

6.5.5      Jamieson Way Community Centre and Reserve Draft Master Plan                                                            163

 

6.5.6      Proposal to enter into Leases with Powercor Australia Ltd                                                                       175

6.5.7      Internal Arbitration Decision                                     187

6.5.8      Wyndham Refuse Disposal Facility Community Reference Group - 2021/22 Annual Membership Refresh                                                                                  197

7.      Notices of Motion

NIL

8.      Council Seal

8.1         Post-election review of Council's Instruments of Delegation                                                                            207

8.2         Awarding of Contract - N400081 - Bensonhurst and Brookdale Road Reserves - Civil Landscape Construction                                                                      212

8.3         Awarding of Contract - N400110 - Arndell Park Stormwater Harvesting System                                219

8.4         Awarding of Contract - N400167 - Eagle Stadium Roof Rectification - Construction                           225

8.5         Awarding of Contract - N400169 - Supply and delivery of LLDPE Geomembrane for Landfill Cell 4 Construction                                                                   231

8.6         Awarding of Contract - N400174 – Supply and delivery of Geosynthetic Clay Liner for Landfill Cell 4 Cap Construction                                                235

8.7         Awarding of Contract - N400189 - Mobile Security Patrol Services                                                                 239  

9.      QUESTIONS WITH NOTICE FROM PUBLIC GALLERY

10.    URGENT BUSINESS

11.    CONFIDENTIAL BUSINESS

Motion:      That pursuant to Section 66(1) and (2)(a) of the Local Government Act, 2020, this meeting of Council be closed to members of the public in order for Council to discuss:

11.1            personal information, being information which if released would result in the unreasonable disclosure of information about any person or their personal affairs.

 

Motion:      That the Council Meeting be re-opened to members of the public.

12.    CLOSE OF MEETING

 

 


Council Meeting

Tuesday 28 September 2021

 

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A G E N D A

 

COUNCIL MEETING

 

 

WELCOME

 

Welcome to the Council Meeting. This Meeting is being undertaken in line with Section 395(1) of the Local Government Act 2020 (COVID-19 Temporary Measures). We are pleased that you have made the time to attend the live streaming of this Meeting.  This is your agenda which will guide you through the meeting tonight. 

 

Please note that the Council Meeting is the formal decision-making part of the Council decision making process. 

 

At the Council Meeting there is an opportunity to ask the Council a question during the formal Question Time process.  Questions are required to be submitted by no later than 5pm on the day prior to the Council Meeting. There are several ways to submit a public question, which are outlined on the Wyndham website below:

 

https://www.wyndham.vic.gov.au/about-council/your-council/council-meetings/public-questions-responses

 


Council Meeting

Tuesday 28 September 2021

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Policy/Advocacy

 

Council Meeting

Tuesday, 28 September 2021

 

File No:  

 

 

Item No: 6.3.1

Chief Executive Officer - Stephen Wall

 

 

 

Resilient Wyndham - National and Global Campaigns

 

Summary

This report provides a summary of opportunities for Wyndham City to join national and global climate campaigns, in the lead up to the United Nations Climate Change Conference 2021 – COP26 in November.

The climate campaigns were identified by the Climate Futures and Environment Portfolio and are in alignment with Wyndham City’s recently adopted ‘Resilient Wyndham’ Strategy (June 2021).

 

Attachments

Nil

  

 

Officers’ Declaration of Interests

Under Section 130 of the Local Government Act 2020, officers providing advice to Council must disclose any interests, including the type of interest.

 

Chief Executive Officer - Stephen Wall

In providing this advice as the CEO, I have no disclosable interests in this report.

 

Manager Climate Futures - Peter McKinnon

In providing this advice as the Manager, I have no disclosable interests in this report.

 

A/Coordinator Green Living - Fiona Stevenson

In providing this advice as the Author, I have no disclosable interests in this report.

Key Issues

·        A key focus of the recently adopted Resilient Wyndham Strategy is mitigating and adapting to climate change. 

·        The Wyndham 2040 Community Vision highlights the community’s interest in acting on climate change - ‘We are responding effectively to the impacts of climate change and are working to ensure our natural environment is respected, preserved and protected.’

·        The latest Intergovernmental Panel on Climate Change report shows that there is a narrow path to avoid climate catastrophe, but only through immediate, deep and sustained emissions reductions.   The UK will host the 26th UN Climate Change Conference of the Parties (COP26) in Glasgow in November 2021. It is being described as the most significant climate event since the 2015 Paris Agreement.  

·        Signing the Better Futures Australia Declaration and joining the Race to Zero and Race to Resilience climate campaigns, demonstrates Wyndham leadership and commitment to a resilient future.


 

 

RECOMMENDATION

 

That Council:

1.      Sign the Better Futures Australia Declaration

2.      Apply to join the Cities Race to Zero, implementing commitments 1 to 5 as outlined in this report.

3.      Apply to join the Cities Race to Resilience, implementing commitments 1 to 4 as outlined in this report.

4.      Promote these campaigns to the Wyndham community

 

 

1.     Background

Resilient Wyndham Strategy

Resilient Wyndham aims to ensure that Wyndham can build back better from the COVID-19 pandemic, manage chronic stresses and is prepared for future events such as climate change, extreme weather, natural disasters and cyber-attacks. Resilient Wyndham was adopted by Council in June 2021.

A key focus of the Strategy is mitigating and adapting to climate change.  This focus is supported by the following targets:

·    Council decision making aligns to the science-based targets in the Paris Agreement

·    Wyndham City Council operations are carbon neutral by 2023 (excluding the RDF)

·    All new Council buildings are gas free (where appropriate electrical solutions exist)

·    By 2040 Wyndham has transitioned to become a zero-carbon community

UN Climate Change Conference UK 2021 - COP26

The UK will host the 26th UN Climate Change Conference of the Parties (COP26) in Glasgow on 31 October – 12 November 2021. It is being described as the most significant climate event since the 2015 Paris Agreement.

COP26 aims to:

·    SECURE GLOBAL NET ZERO BY MIDCENTURY AND KEEP 1.5 DEGREES WITHIN REACH. Countries are being asked to come forward with ambitious 2030 emissions reductions targets that align with reaching net zero by the middle of the century. To deliver on these stretching targets, countries will need to accelerate the phase out of coal, encourage investment in renewables, curtail deforestation and speed up the switch to electric vehicles.

·    ADAPT TO PROTECT COMMUNITIES AND NATURAL HABITATS. The climate is already changing and it will continue to change even as we reduce emissions, with devastating effects. COP26 aims to work together to enable and encourage countries most affected by climate change to protect and restore ecosystems, build defences, put warning systems in place and make infrastructure and agriculture more resilient to avoid loss of homes, livelihoods and lives.

·    MOBILISE FINANCE. To realise the first two goals, developed countries must deliver on their promise to raise at least $100bn in climate finance per year. International financial institutions must play their part and work towards unleashing the trillions in private and public sector finance required to secure global net zero.

·    WORK TOGETHER TO DELIVER. The challenges of climate change can only be addressed by working together. At COP26 the Paris Rulebook will be finalised (the rules needed to implement the Paris Agreement) and the aim will be to turn ambitions into action by accelerating collaboration between governments, businesses and societies to deliver on climate goals faster.


 

National and Global Climate Campaigns in the lead up to COP26

Wyndham City has the opportunity to join the following campaigns in the lead up to COP26.

1.   Better Futures Australia Declaration

The Better Futures Australia Declaration is a joint statement of support that brings together private and public sector leaders in taking ambitious climate action to ensure Australia is on track for a prosperous, climate-resilient zero emissions future, in line with the goals of the Paris Agreement.

2.   Cities Race to Zero

A UN-backed global campaign to build momentum ahead of COP26. The campaign encourages companies, cities, regions, financial and educational institutions – to take rigorous and immediate action to halve global emissions by 2030.

3.   Cities Race to Resilience

A UN-backed global campaign to build momentum ahead of COP26.  The campaign aims to gain support from businesses, cities, regions and investors for a healthy, resilient, zero carbon transition that prevents future threats, creates decent jobs, and unlocks inclusive, sustainable growth.

2.     Relevant Law

Climate Change Act 2017

The Climate Change Act 2017 lays out a long-term framework for mitigation and adaptation action on climate change and requires decision-makers to have regard to climate change for specific decisions and actions in a set of legislation listed in Schedule 1.

Section 22 lists the policy objectives of the Climate Change Act 2017

a.   to reduce the State’s greenhouse gas emissions consistently with the long-term emissions reduction target and interim emissions reduction targets; and

b.   to build the resilience of the State’s infrastructure, built environment and communities through effective adaptation and disaster preparedness action; and

c.   to manage the State’s natural resources, ecosystems and biodiversity to promote their resilience; and

d.   to promote and support the State’s regions, industries and communities to adjust to the changes involved in the transition to a net zero greenhouse gas emissions economy, including capturing new opportunities and addressing any impacts arising from the need to reduce greenhouse gas emissions across the economy; and

e.   to support vulnerable communities and promote social justice and intergenerational equity.

Local Government Act 2020 (Vic)

Several of the overarching governance principles in the Local Government Act 2020 create obligations for Councils in the context of climate change, including:

·    Under 9(2)(c) Councils are required to promote the economic, social and environmental sustainability of the municipal district, including mitigation and planning for climate change risks;

·    Under 9(2)(b) Councils are required to give priority to achieving the best outcomes for the municipal community, including future generations;

·    Under 9(2)(h) regional, state, and national plans and policies are to be taken into account during Council’s strategic planning; and

·    Under 9(2(i) Council must ensure its decisions, actions, and information are transparent.

3.     Discussion

Climate Campaign Requirements

1.   Better Futures Australia Declaration

Wyndham City would be required to sign the following declaration online to participate:

We are Australian business and industry leaders, investors, local and state and territory governments, Aboriginal and Torres Strait Islander peoples, healthcare and social institutions, farmers, developers, unions, workers, artists, academic and cultural institutions, and communities. Together, we are committed to leading by example and supporting Australia’s international commitment to transition to net zero emissions before 2050.

We commit to:

·      taking climate actions through individual effort and collaboration to ensure Australia contributes to limiting average global warming to 1.5°C above pre-industrial levels;

·      showcasing new climate commitments and actions to inspire other Australians to realise zero emissions opportunities;

·      advocating for a national response that will deliver action at the scale required to reach net zero emissions well before 2050; and

·      working together, alongside and in partnership with Federal, State and Local Government leadership, to support the delivery of the Paris Agreement.

We recognise that responding to climate change requires all of us to act, alongside and in partnership with Federal, State and Local Government leadership. We invite all Australians to join us in helping to ensure our nation can, and will, meet its commitment under the Paris Agreement.

Some of the current signatories include the City of Adelaide, the United Worker Union, Moreland City Council and the Climate and Health Alliance.

 

2.   Cities Race to Zero

Wyndham City would be required to meet the following commitments to join the Race to Zero:

Commitment 

Comment

1.   Publicly endorse the following Principles:

a)   We recognise the global climate emergency.

b)   We are committed to keeping global heating below the 1.5°Celsius goal of the Paris Agreement.

c)   We are committed to putting inclusive climate action at the center of all urban decision-making, to create thriving and equitable communities for everyone.

d)   We invite our partners – political leaders, CEOs, trade unions, investors, and civil society – to join us in recognising the global climate emergency and help us deliver on science-based action to overcome it.

a)  Wyndham City acknowledges that …’climate change poses a risk to the people of Wyndham and resolves to strengthen existing work in its response to global warming and climate change’ (December 2019 OCM)

b)  ü Council endorsed target

c)  ü Focus on Resilient Wyndham

d)  Partners can be engaged following commitment to the program.

2.   Pledge to reach (net)-zero in the 2040s or sooner, or by mid-century at the latest, in line with global efforts to limit warming to 1.5°Celsius 

ü Wyndham City has committed to reaching net zero organisational emissions by 2023.

3.   In advance of COP26, explain what steps will be taken toward achieving net zero, especially in the short- to medium-term. Set an interim target to achieve in the next decade, which reflects a fair share of the 50% global reduction in CO2 by 2030 identified in the IPCC Special Report on Global Warming of 1.5°Celsius.

ü Resilient Wyndham is the vehicle for Wyndham City to achieve net zero.

4.   Immediately proceed to planning at least one inclusive and equitable climate action as listed on www.citiesracetozero.org that will help to place your city on a resilient pathway consistent with the 1.5°Celsius objective of the Paris Agreement and begin implementation no later than 2022.

ü Resilient Wyndham covers multiple inclusive and equitable climate actions.

5.   Report progress annually, beginning no later than 2022 to your usual or the recommended reporting platform. Your 1.5°Celsius target and action commitment(s) should be shared through your regular channels of reporting. If you have not reported before, you will be contacted by partners for support.

ü Wyndham City regularly reports to the Global Covenant of Mayors and through the State of the Environment Report.

 

3.   Cities Race to Resilience

Wyndham City would be required to meet the following commitments to join the Race to Resilience:

Commitment 

Comment

1.   Integrate climate change adaptation and resilience in all aspects of urban planning and undertake a community-wide climate risk and vulnerability assessment that also includes all vulnerable communities.

 Year 2 Resilience Strategy Action.

2.   Plan to use available knowledge and scientific evidence, including data and spatial analysis, for decision-making and action, and outline interim targets and milestones as part of a long-term commitment for citywide action.

ü Resilient Wyndham sets out targets and actions for citywide action.

3.   Immediately proceed to taking action by committing to at least one of the resilience actions as listed on www.citiesracetoresilience.org by COP26.

ü Resilient Wyndham covers multiple resilience actions.

4.   Report commitments by COP26 - and progress annually thereafter, to an existing or recommended reporting platform. If you have not reported before, you will be contacted by partners for support.

ü Wyndham City regularly reports to the Global Covenant of Mayors and through the State of the Environment Report.

 

Climate Campaign Benefits

Benefits of Wyndham City joining the climate campaigns include:

-      Formal recognition of our efforts by the United Nations Framework Convention on Climate Change;

-      Strengthen Wyndham City as a champion of the Paris Agreement and equitable climate action ahead of CO26; and

-     Access to a range of tools and resources to assist with taking climate action.

4.     Wyndham 2040 Vision

·    People and Community:
Community connection is at the heart of addressing the challenges presented by climate change.  ‘Community members are collaborative participants in creating, strong, supportive and environmentally sustainable neighbourhoods.’

·    Places and Spaces:
The climate campaigns will assist with ‘…responding effectively to the impacts of climate change and…working to ensure our natural environment is respected, preserved and protected.’

5.     City Plan

2.2.3  Council will be a leader in environmental sustainability and adapt to climate change by increasing the energy efficiency of Council, encouraging energy efficient development, fostering bio-diversity, and supporting local agriculture by working with the state government to ensure water security throughout our area.

4.2.3  Council will strengthen its operational efficiency and sustainability by identifying and embracing new, more efficient ways to work with partners from the public and private sector, and by regularly applying rigorous evaluation of our systems, investments, expenditure, infrastructure needs, service delivery, technology use, resource application, and staff development, empowerment and flexibility.

6.     Council Plan and Policies

Resilient Wyndham targets:

·    Council decision making aligns to the science-based targets in the Paris Agreement

·    Wyndham City Council operations are carbon neutral by 2023 (excluding the RDF)

·    All new Council buildings are gas free (where appropriate electrical solutions exist)

·    By 2040 Wyndham has transitioned to become a zero-carbon community

7.     Regional, State and national plans and Policies

·    Victoria’s Climate Change Framework

·    Victoria’s Climate Change Adaptation Plan

·    Victoria’s Renewable Energy Action Plan

·    Resilient Melbourne

8.     Financial Viability

There will be some financial impact in terms of officer time, to join the Climate Campaigns. This impact will be minimal as reporting requirements for Race to Zero and Race to Resilience are in alignment with Wyndham City’s existing reporting mechanisms (Global Covenant of Mayors and State of the Environment) for climate action and greenhouse gas emissions.

Promotion of Wyndham City’s support for the campaigns will be funded through existing operational budgets.

9.     Sustainability Implications

Greenhouse gas targets are based on the latest climate change science and are in alignment with targets set at the Paris Climate Conference (United Nations COP21) to keep average global temperatures to “well below” a 2°C rise from pre-industrial temperatures.   The Strategy demonstrates Council’s commitment to these targets.

The climate campaigns support Wyndham City’s existing commitment to a safe and resilient future for both our organisation and our community. 

10.   Options

Not applicable.

11.   Community Engagement

Online communications (Facebook, Twitter, Instagram and Green Living e-newsletter) will be used to promote Wyndham City’s involvement in the campaigns and to encourage others to join.

12.   Innovation and Continuous Improvement

Not applicable.

13.   Collaboration

The climate declaration and campaigns are a collaboration between business and industry leaders, local and state governments, healthcare and social institutions, farmers, developers, unions, academic and cultural institutions and communities, to support international commitments to transition to net zero emissions before 2050. 

  


Strategic & Town Planning

 

Council Meeting

Tuesday, 28 September 2021

 

File No:  

 

 

Item No: 6.4.1

Director City Design & Liveability - Ludo Campbell-Reid

 

 

 

Planning Scheme Amendment C243 - Public Acquisition Overlay, Tarneit and Sayers Roads

 

Summary

This report recommends abandonment of Planning Scheme Amendment C243.

The Amendment proposed to apply a Public Acquisition Overlay (PAO) to the front 12 metres of 97 properties on sections of Tarneit and Sayers Roads in Hoppers Crossing to reserve land for a future service road.

During the Amendment process, many objecting submissions were received from the community. The nature of compulsory acquisition is that it affects how landowners use and develop their land, and therefore is highly sensitive. Whilst individual landowners would have been financially compensated for the acquisition of part of their land, it is recognised that the process itself would be highly impactful to affected community members. This has been a factor in considering the options for the Amendment.

Following Council’s decision to refer submissions to a Panel in accordance with the Planning and Environment Act, Amendment C243 was considered by a Panel appointed by Planning Panels Victoria at a Panel hearing held on 11, 12 and 28 February 2020. The Panel report recommended that Council adopt the Amendment as exhibited, but only following further financial analysis “to demonstrate that both the acquisition of land and the construction works are able to be accommodated within the Council’s budgetary constraints”.

The current estimated cost of acquiring land and building a service road is in the order of $73.5 million. This is a significant expenditure for Council, and in light of the current economic climate, is not considered a project that Council should pursue. It would mean those funds could not be expended on other Council projects. 

Whilst a Public Acquisition Overlay may not be financially viable, the underlying issue of development pressure and transport conflicts remains, and this report recommends the preparation of a report to provide advice on alternative strategies for traffic, transport and land use responses for the local area by 30 June 2022.

 

Attachments

1.

Planning Panel Report - printed in separate document

 

  

Officers’ Declaration of Interests

Under Section 130 of the Local Government Act 2020, officers providing advice to Council must disclose any interests, including the type of interest.

 

Director City Design & Liveability - Ludo Campbell-Reid

In providing this advice as the Director, I have no disclosable interests in this report.

 

Manager Urban Futures - Aaron Chiles

In providing this advice as the Manager, I have no disclosable interests in this report.

 

Coordinator Urban Transformation - Claire Bickerstaff

In providing this advice as the Author, I have no disclosable interests in this report.


 

Key Issues

·        Project was proposed as a solution to manage long-standing land use and access issues on Sayers and Tarneit Roads, after other approaches had been unsuccessful.

·        Significant amount of negative community feedback for the proposal to compulsory acquire and compensate landowners for 12m of their property.

·        Independent Planning Panel supported the proposed approach (Public Acquisition Overlay) but asked Council to further assess the costs of the project.

·        Ultimately the significant costs are considered to make the Amendment unviable for Council to pursue.

 

RECOMMENDATION

 

That Council:

1.      receives and notes all written submissions received following the exhibition of Amendment C243 and the Planning Panels Victoria, Panel hearing held on 11, 12 and 28 February 2020.

2.      extends its appreciation to all those who made submissions.

3.      notes and considers the Planning Panels Victoria Panel report and recommendations to Amendment C243.

4.      abandon Amendment C243 in accordance with the Planning and Environment Act 1987.

5.      in accordance with Section 28 of the Planning and Environment Act tells the Minister in writing of its decision to abandon Planning Scheme Amendment C243.

6.      requests the preparation of an Ordinary Council Meeting (OCM) report with advice on alternative strategies for traffic, transport and land use responses for the local area by 30 June 2022.

 

1.     Background

Tarneit and Sayers Roads are key arterial roads in Wyndham. Both roads function as strategic transport corridors, and congestion on these two roads impacts on the wider transport network. In the future, traffic volumes of both Tarneit and Sayers Roads are expected to nearly double as urban growth to the north and west continues.

The original housing built along the thoroughfares is mostly single dwellings on one acre (4000 square metre) lots, dating from the 1980s when Hoppers Crossing represented the outermost boundary of suburban development. The properties on the south side of Sayers Road and the eastern side of Tarneit Road have direct access to the arterials via individual driveways. Due to the large lot sizes and prominent location, there is ongoing development pressure.  Concerns have been consistently raised about the number of planning permit applications for multi-unit developments in the area, resulting in ad-hoc and sub-optimal vehicle access arrangements.

To address this issue, Council previously prepared Planning Scheme Amendments C185 and C204 proposing the introduction of a Design and Development Overlay (DDO) and a Development Contributions Plan (DCP). The DDO limited development within the front setback of each property, enabling a service road to be constructed in the future. The DCP required financial contributions from landowners towards the cost of the service road.  Both Amendments were abandoned by Council in August 2015 after a significant number of objections from the community about the cost impost of the DCP and the impact on individual properties of the DDO.

With development activity and vehicle access remaining an ongoing challenge, in 2017 Council resolved to proceed with the current Amendment to apply a Public Acquisition Overlay (PAO) and in 2019 resolved to refer submissions to a Panel. The PAO would identify and reserve land for the future construction of a service road. Unlike the previous approach that would have imposed a cost on all landowners, the PAO would require Council to bear the cost of both land acquisition and road construction.

As briefly summarised above, this project has a long history where Council has put forward different approaches to manage the issue of development and access on these key roads. This report enables Council to make a decision on the Amendment.

2.     Relevant Law

Planning Scheme Amendment C243 has been managed by Council officers and DELWP in accordance with the requirements as set out in the Planning and Environment Act 1987.

Section 30 of the Planning and Environment Act 1987 states that an amendment or part of an amendment lapses at the end of two years after the date of publication of the notice in the Government Gazette unless the planning authority adopts it within that period or the Minister allows a longer period for the adoption of the amendment.

As Planning Scheme Amendment C243 was due to lapse on 25 July 2021, a request was submitted to DELWP/Minister for Planning to extend the time for consideration of the amendment, and to enable Council to make a formal decision on the Amendment. This request was granted, and DELWP extended the lapse date for the Amendment to 22 March 2022. This means that Council must make a decision on the Amendment prior to this date, unless a further extension is granted.

 

3.     Discussion

Submissions

Whilst 97 properties were directly impacted by the Amendment, over 100 submissions were received when Amendment C243 was exhibited, with the majority from landowners directly impacted by the Amendment, and most objecting to the proposed PAO.

The small number of the supportive submissions were from landowners who had purchased properties with an aspiration to develop, or older landowners ready to sell up and downsize, who recognised that compensation for the acquisition and construction of a service road would facilitate those outcomes.

The objecting submissions raised a number of concerns, ranging from impacts to individual properties (for example, changes to driveways, parking for caravans etc), to the perceived uncertainty of compulsory acquisition on the future use of their land.

 

Panel Report

 

The independent Planning Panel recommended that the Amendment proceed, and accepted two core propositions:

              the strategic planning merits of the Amendment; and

•        that delaying a PAO could result in the delivery of a service road at a later date being impossible due to the amenity impacts and prohibitive compensation obligations (due to increasing land values and value of developments).

However the Panel also recommended that “…Council proceed with the Amendment, but only after it satisfies itself that to do so represents ‘value for money’ and it is within the financial capacity of the Council to see through to implementation…’” (page 49 Panel Report). 

In response to the Panel’s recommendation for further financial analysis, an external valuer was engaged to provide land valuations, and Council’s engineering department produced updated construction estimates. This data demonstrated that land values had increased significantly since the initial amendment was first proposed in 2012 and when Amendment C243 was first proposed in 2017. The total estimated project cost ($73 million) would be a significant financial commitment for Council over a period of years through land acquisition to construction.

The financial implications are further discussed in this report under the heading Section 8: Financial Viability, and ultimately conclude that the cost of implementing the Amendment renders the Amendment unviable.

Non-viable option – Alterative slip-lane design

At the Ordinary Council meeting 8 October 2019, Council resolved to request officers to provide alternative design solutions to a service road. It had been suggested that a slip lane could be used instead of a service road, largely because it would require minimal land acquisition.

Council engaged Ratio to provide expert traffic engineering advice. Their evidence to the Panel assessed an option of using left-turn deceleration or slip lanes instead of a service road. The turning lane would separate vehicles accessing properties and through traffic, thereby reducing the potential crash risk. Ratio noted that the provision of deceleration lanes to access the properties would be problematic because of the length required to allow vehicles to slow down to an acceptable level to make the required turn.  Expert evidence from Traffix consultants also noted that slip lanes require a set diverge length which is dependent on the speed limit and that installation of slip lanes to improve safety and capacity of the arterial road network is not practical in this case.

The Department of Transport submission to the Panel rejected the slip lane proposal.  The Department of Transport’s response to a proposal that included lengthening of kerbside lanes to create a quasi-left turn or slip lane, and widening the kerbside lane from 2.0m to 2.5m to allow the bicycle lane to be used as a quasi-left turn lane, were that this approach: “jeopardises the safety of cyclists and is against Safe System principles.”

The independent Panel, having reviewed the evidence and submissions before it, including a number of different concept designs and options, ultimately supported Council’s concept design of a service road as the most appropriate design solution. A slip lane approach was not supported by any of the independent traffic engineer experts, the Department of Transport, or Council’s traffic and engineering departments.  It is therefore not considered a realistic option or alternative to a service road.

4.     Wyndham 2040 Vision

·    Places and Spaces:

As a rapidly growing municipality, Council needs to manage issues such as population growth, demand for housing, and infrastructure improvements. The Wyndham 2040 vision is an expression of the long-term aspirations of the community that will guide how Council directs the resources under its control. The refreshed Vision details the community’s desire for a safe, connected and inclusive community that has the infrastructure and services it needs to support the growing population.

Council must guide the overall form of growth and its key infrastructure and land use elements to improve liveability for the Wyndham community. 

5.     City Plan

2.2.1  Council will seek to enhance the health and wellbeing of residents and visitors who experience the negative effects of commuter-stress by advocating for higher levels of accessible, affordable, low-emission public transport; increase car parking and opportunities for active transport in and around public transport hubs including train stations; and ensure new developments include infrastructure that will address our City’s growth needs.

6.     Council Plan and Policies

The Wyndham Planning Scheme contains a range of relevant policies that have been considered throughout the amendment process.

7.     Regional, State and National Plans and Policies

There are a range of State and Regional Policies that have been considered throughout the amendment process.

8.     Financial Viability

Investment in key arterial roads such as Sayers and Tarneit Road needs to be weighed up against the opportunity to invest in other significant city-shaping projects that would more clearly align with delivering the Wyndham 2040 vision. Committing to the Amendment and associated land acquisition and construction of a service road, even if staged over a number of years, would require investment of approximately $73.5 million in 2021 dollars.

Valuations of impacted properties were prepared by an expert external valuer in January 2021, resulting in an estimated total land acquisition cost of $53.1 million. This includes anticipated service relocation costs of $9.3 million incurred at the time of acquisition.

Data shows average land escalation in Wyndham North and Wyndham West DCPs has tripled land prices over the last six years (2014-2020).

Whilst the scope of the Amendment is land reservation and acquisition, the Panel also recommended that Council consider its financial capacity to deliver the project through to implementation (construction).  Road construction costs to deliver a service road along Sayers and Tarneit Roads have been estimated at $20.4 million, based on the service road design accepted by Panel and recommended by Council’s engineers and external consultants (Ratio and Traffix). If construction is deferred for five plus years the escalation rate is estimated at 109% (0.09 x increase), with a concurrent rise in total construction cost from $20.4m in 2021 to in excess of $23m if deferred until 2026.

When an earlier iteration of the project was considered in 2014 (which proposed a DCP to fund the cost of the project), the total cost of the land acquisition on Tarneit Road was approximately $2.3m.  In comparison, the current cost of land acquisition on Tarneit Road is approximately $11.6m, an increase of $9.3m. 

Importantly, the financial context in which Amendment C243 has been considered has changed considerably over time.  Events such as the COVID pandemic have had an impact, as has the introduction of rate capping.  Unlike other acquisitions, the acquisition of a 12m strip of land comprising frontages of people’s properties provides little scope for alternative land use options and would result in a sunk cost for Council when compared to other potential investments or acquisitions that Council may wish to pursue.

The opportunity cost for the project as originally conceived is significant and considered unjustifiable given other pressing challenges and investment demands in the municipality. Allocating $73.5 million to road improvements that are primarily a sunk cost is too great in the current post-Covid environment to recommend proceeding with the Amendment. 

In this context, abandoning the Amendment is considered the most prudent action given the financial implications of land acquisition and road construction in the current economic climate. 

9.     Sustainability Implications

Not applicable

10.   Options

One of the overarching governance principles in Section 9 of the Local Government Act 2020 is that priority be given to achieving the best outcomes for the community, including future generations.  Planning for better vehicular access to Tarneit and Sayers Roads from abutting properties was intended to resolve legacy issues inherited from poor planning in the past, and respond to strategies that anticipate a more populous and congested Wyndham, and working towards a fit for purpose transport network based on efficiently functioning key movement corridors.

The Panel agreed that there was an issue with the current road network in this location and a service road delivered via a Public Acquisition Overlay was an appropriate response. This finding supports the original rationale to initiate and pursue the Amendment. However, the updated 2021 costs have highlighted the significant financial obligation that the project places on Council (total $53.1million in land acquisition costs, excluding construction costs).

Although there are ways to minimise the financial risk of the project to Council, ultimately the project is so large and expensive that it has a significant opportunity cost associated that cannot be supported in the current post-Covid environment. For reasons outlined above, Council officers recommend abandonment of Planning Scheme Amendment C243.

It is also recommended that a future report is prepared to provide guidance and advice on alternative strategies for traffic, transport and land use responses for the local area following further investigation of these matters by 30 June 2022.

11.   Community Engagement

Community engagement to date has occurred throughout the various phases of the project. This included a town hall style meeting, group information sessions and individual meetings with the residents that were likely to be the most materially impacted prior to the more formal notification that is legislated through the Planning Scheme Amendment process. As outlined earlier, all landowners and occupiers were notified of the proposed PAO and given the opportunity to make a formal submission. Those that did were also invited to the independent Panel hearing. A number of submitters engaged their own legal representative and traffic expert witness to put forward their case. As outlined earlier in this report, there was significant negative feedback from the community in response to the proposed Amendment.

12.   Communication Strategy

All affected landowners will be notified of the decision after this meeting.

13.   Innovation and Continuous Improvement

Not applicable.

14.   Collaboration

Not applicable.

 

 


Strategic & Town Planning

 

Council Meeting

Tuesday, 28 September 2021

 

File No: 0

 

 

Item No: 6.4.2

Director City Design & Liveability - Ludo Campbell-Reid

 

 

 

Panel Report for Planning Scheme Amendment C252 - New Gaming Policy

 

Summary

A key action of the Wyndham Gambling Harm Minimisation Policy and Action Plan 2018-2022 was to ‘review the local planning policy, Electronic Gaming Machine (EGM) Policy Clause 22.03 of the Wyndham Planning Scheme, to ensure it meets best practice in assessment of EGM applications.’ In 2019 Council reviewed the EGM Policy, with the recommended outcome being an update and inclusion of new policy into the Wyndham Planning Scheme. The new policy guides the appropriate location and operation of electronic gaming machines, as well as introducing new application requirements for planning permits, decision guidelines and an updated list of shopping complexes where the installation or use of electronic gaming machines (EGMs) is prohibited.

Planning Scheme Amendment C252 – New Gaming Policy was publicly exhibited from July until September 2020. Following exhibition, six submissions were received, two of which did not support the Amendment, and four which supported the Amendment. At the December 2020 OCM Council resolved to refer all unresolved submissions to an independent Panel. The Panel hearing was held in June 2021 and heard from Council and submitters opposed to the Amendment. The Planning Panels Victoria (PPV) report for Amendment C252 was received by Council on 28 July 2021. The report is supportive of the Amendment and the introduction of the new gaming policy with some minor amendments recommended by the Panel.  This is considered a positive outcome for Council and the community and will strongly support the community being better protected from gambling harm.

This report recommends that Council adopt the Amendment with changes as recommended by Planning Panels Victoria and submits the adopted amendment to the Minister for approval.

Attachments

1.

C252 Planning Panels Victoria Report - printed in separate document

 

  

Officers’ Declaration of Interests

Under Section 130 of the Local Government Act 2020, officers providing advice to Council must disclose any interests, including the type of interest.

 

Director City Design & Liveability – Ludo Campbell-Reid

In providing this advice as the Director, I have no disclosable interests in this report.

 

Manager Urban Futures - Aaron Chiles

In providing this advice as the Manager, I have no disclosable interests in this report.

 

Coordinator Urban Transformation - Claire Bickerstaff

In providing this advice as the Coordinator, I have no disclosable interests in this report.

 

Principal Planner Projects - Diana Rice

In providing this advice as the Author, I have no disclosable interests in this report.

Key Issues

·    Minimising harm from electronic gaming machines

·    Planning scheme changes to implement new policy

 

RECOMMENDATION

 

That:

1.      Council adopt the Planning Scheme Amendment C252wynd as exhibited but with changes as recommended by the Panel Report received by Council on 28 July 2021.

2.      The Amendment be submitted to the Minister for Planning for approval and gazettal in accordance with the Planning and Environment Act 1987.

 

 

 1.    Background

In June 2018, Council adopted the Wyndham Gambling Harm Minimisation Policy and Action Plan 2018-2022. A key action of the Plan is to ‘review the local planning policy, Electronic Gaming Machine (EGM) Policy Clause 22.03 of the Wyndham Planning Scheme, to ensure it meets best practice in assessment of EGM applications.’

Accordingly, in 2019 Council undertook a review of the Electronic Gaming Machines Policy, which recommended an update and inclusion of a new policy into the Wyndham Planning Scheme. The new policy guides the appropriate location and operation of electronic gaming machines, as well as introducing new application requirements for planning permits, decision guidelines and an updated list of shopping complexes where the installation or use of electronic gaming machines (EGMs) is prohibited.

The Minister for Planning authorised Council to undertake a Planning Scheme Amendment (known as C252) to implement the policy changes. The Amendment was publicly exhibited from 30 July 2020 to 17 September 2020. Following exhibition, six submissions were received, two of which did not support the Amendment as exhibited, and four which supported the Amendment. The two objecting submissions focused on concerns about new locational criteria to be included in the planning scheme that would limit the expansion of gambling venues into growth areas. A number of the supportive submissions commended Council on its leadership and initiative in reducing harm from gambling. At the 8 December 2020 OCM Council resolved to refer all unresolved submissions to an independent Panel appointed to consider proposed Amendment C252.

The Panel hearing was held in June 2021. It heard arguments from Council and submitters opposed to the Amendment as to the merits or otherwise of the proposed policy changes. There was significant opposition to the changes proposed by the Amendment from two submitters (who were either operators or landowners of current, or proposed, gaming venues) who argued that some elements of the policy equated to a ‘ban’ on gaming venues in newly establishing communities.

The Panel Report for Amendment C252 was received by Council on 28 July 2021 and was uploaded on Council’s website on 11 August 2021 in accordance with section 26 of the Planning and Environment Act 1987.

2.     Relevant Law

Planning and Environment Act 1987.

An amendment can be prepared by any planning authority as specified in Sections 8, 8A, 8B and 9 of the Act.

3.     Discussion

The Panel supported the majority of policy changes to the Wyndham Planning Scheme sought by Council.  The Panel report recommends that Planning Scheme Amendment C252 be adopted as exhibited, subject to a handful of changes. The changes primarily relate to minor wording changes that do not significantly detract from the intent of the originally exhibited amendment.

Of note, the Panel concluded that it is appropriate for policy to discourage gaming machines in growth areas, the subject of a Precinct Structure Plan, whilst there remains significant uncertainty as to the final layout and composition of the physical and social community.

It also recommended that the Gaming Machines Policy Review – Clause 22.03 Wyndham Planning Scheme – Final Report July 2019 (the Gaming Machines Policy Review) be included as a background document, and that the Wyndham Gambling Harm Minimisation Policy and Action Plan 2018-2022 (the Policy and Action Plan) should be deleted as a background document.  The Panel’s reasoning for this was that the scope of the Policy and Action Plan covers matters beyond those of utility to decision-makers for gaming applications in the statutory planning process.  However, as an adopted Council document the Policy and Action Plan remains of value in stating the broader vision, objectives and key actions underlying Council’s position in relation to gambling (for example, advocacy). It is also included as an appendix to the Gaming Machines Policy Review document. Moreover, many of the objectives of the Policy and Action Plan have now been translated into the proposed planning scheme provisions supported by the Panel.

The main wording change recommended by the Panel is shown in the following extract from the proposed Clause 21.02. The tracked changes show Council’s proposed wording in red, followed by the Panel’s recommended changes in blue.

Graphical user interface, text, application

Description automatically generated

The Panel’s proposed re-wording still achieves the intention of ensuring that new gaming venues are discouraged until such time that the characteristics of the emerging community can be determined. Council has discretion to determine what ‘sufficiently established’ looks like in each individual permit application, based on the specific context.

The Panel also recommended changes to the exhibited provisions that clarify and strengthen the policy. For example, at section 4.0 of the Schedule to Clause 52.28, the Panel has made the following change:

 

Text

Description automatically generated

The new wording (in blue) includes reference to ‘a range of’ (retail, non-gaming related entertainment and recreational opportunities), which was not originally included. This provision now clearly discourages gaming venues from being developed in growth areas where a range of services as listed do not exist. The provision is worded such that it would not be sufficient for simply a retail centre to be in place; it must be ‘a range of’ retail, non-gaming and recreational opportunities.

Another change made by the Panel in the Schedule to Clause 52.28 related to the operating hours of a gaming venue. The tracked changes are shown below:

Graphical user interface, timeline

Description automatically generated

The policy originally proposed to discourage gaming in venues that operate 24 hours per day as a blanket approach. The Panel agreed with and adopted the suggestion by Council’s expert witness, Mr Rob Milner, that the intention of the policy was to ensure that alternative recreation opportunities were available, and that the gaming venue wouldn’t be the only entertainment option. The revised wording now clearly articulates that as the objective. To satisfy the objective, for a gaming venue to open for extended hours, the wording changes proposed by the Panel clearly indicate that a proposal would need to demonstrate that non-gaming entertainment venues in growth areas (such as an amusement parlour, function centre or cinemas), are open at the same time.

In summary, Council officers consider the Panel’s overall conclusions and recommendations to be positive and are confident that the recommendations of the Planning Panel if adopted into the Planning Scheme will strengthen Council’s ongoing efforts to minimise gambling harm from EGMs in growth areas. The supportive Panel report gives additional weight to the policy changes utilized by Town Planning when assessing planning permit applications going forward. Since the Panel report was released, officers have received very positive feedback from the VLGA, the Alliance for Gambling Reform and other growth area councils heartened by Wyndham’s efforts to strengthen planning policy in relation to gaming applications and minimise harm from gambling.

4.     Wyndham 2040 Vision

·    People and Community:
This report is consistent with the Wyndham
2040 Community Vision for People and Community and progress towards objectives that everyone is able to access services for health and wellbeing and that community members are collaborative participants in creating strong, supportive and environmentally sustainable neighbourhoods.

5.     City Plan

1.2.2  Council will endeavour to increase health and wellbeing outcomes of our community by engaging with the State and Federal Governments on gambling reform and reducing harmful alcohol and drug use, particularly among young people and other at risk community cohorts.

6.     Council Plan and Policies

Wyndham Gambling Harm Minimisation Policy and Action Plan 2018-2022.

7.     Regional, State and national plans and Policies

Not applicable

8.     Financial Viability

Not applicable

9.     Sustainability Implications

Commitment to minimizing harm from gambling in the Wyndham Community and a strengthened planning framework will contribute to the Wyndham 2040 vision to create strong supportive and environmentally sustainable neighbourhoods.

10.   Options

Council can choose to either:

1.   Adopt Amendment C252 as exhibited, with the changes as recommended by the Panel report.

2.   Adopt Amendment C252 as exhibited, without any changes recommended by the Panel report.

3.   Abandon the Amendment.

The Panel is an independent body whose role is to assess the merits of the Amendment after hearing from all parties, including expert witnesses. In this case the Panel has supported the proposed policy changes, whilst suggesting some minor wording changes to improve clarity. In officers’ view the proposed wording changes by the Panel are reasonable and should be implemented.

If Council were to pursue Option 2, disregarding the Panel’s recommendations, justification for such an approach would be provided to the Minister for Planning when seeking the Minister’s decision on the Amendment. The wording changes proposed by the Panel are considered reasonable as discussed earlier in this report and therefore Option 2 is not recommended.

Option 3 of Abandonment is not recommended, as gambling is a key policy issue in Wyndham and this Amendment will further strengthen Council’s planning policies in relation to applications for new gaming venues. It is the culmination of a significant body of work over the last few years, beginning with the policy review stage by the City Life Directorate, translation of the revised policy into Wyndham’s planning provisions by the Urban Transformation team, and the Amendment process itself.

11.   Community Engagement

Prior to formal exhibition of the amendment, a range of stakeholders were consulted as part of the policy review, with facilitated conversations held with Council staff, service providers, sporting clubs and residents.

The amendment was mailed to all directly impacted owners and occupiers, and to a broad stakeholder list developed by City Life officers during the review, including licence holders for all gaming venues in Wyndham.

Information about the Amendment is available on Council’s website, together with a link to all documents exhibited as part of the amendment and expert witness reports tendered as part of the Panel hearing.

Submitters have been notified and provided a copy of the Panel report.

12.   Communication Strategy

Not applicable

13.   Innovation and Continuous Improvement

Not applicable

14.   Collaboration

Council officers communicated with officers from neighbouring councils such as Hobsons Bay Brimbank and Melton when developing the new gaming policy. When the Amendment was exhibited, feedback was invited from across the western region about the impact of gambling on communities, and how the proposed amendment would support or detract from neighbouring Councils’ efforts to minimize harm from gambling.

As a member of the Alliance for Gambling Reform, Wyndham works with other members of the Alliance in partnership and through collaborative opportunities to make a difference in minimising gambling harm.


Strategic & Town Planning

 

Council Meeting

Tuesday, 28 September 2021

 

File No:  

 

 

Item No: 6.4.3

Director City Design & Liveability - Ludo Campbell-Reid

 

 

 

Enhancing Planning Scheme Protections against multi-level unit development

 

Summary

This report provides a response to Notice of Motion 603 which requested advice on a future Planning Scheme Amendment that implements minimal change areas into the Wyndham Planning Scheme in accordance with the Wyndham Housing and Neighborhood Character Strategy.

The report provides an overview of the Housing and Neighbourhood Character Strategy and notes the importance of a strategy to direct and manage housing growth that aligns with both State and Council policy. The report recommends that a holistic approach that considers all areas of change (significant, incremental and limited) is pursued, rather than a piecemeal approach which is unlikely to be supported by the Minister for Planning.

 

Attachments

Nil

  

Officers’ Declaration of Interests

Under Section 130 of the Local Government Act 2020, officers providing advice to Council must disclose any interests, including the type of interest.

 

Director City Design & Liveability - Ludo Campbell-Reid

In providing this advice as the Director, I have no disclosable interests in this report.

 

Manager Urban Futures - Aaron Chiles

In providing this advice as the Manager, I have no disclosable interests in this report.

 

Coordinator Urban Transformation - Claire Bickerstaff

In providing this advice as the Author, I have no disclosable interests in this report.

Key Issues

·        DELWP feedback on 2018 Housing and Neighbourhood Character Strategy

·        Importance of a Strategy to guide residential development across the City

·        Approach to reviewing and updating the 2018 Housing and Neighbourhood Character Strategy

 

RECOMMENDATION

 

That Council notes the limitations imposed by DELWP and the Victorian Government in introducing a multi-unit development ban in minimal change areas and supports the update of the 2018 Wyndham Housing and Neighbourhood Character Strategy as outlined in this report.

 

 

1.     Background

At the 27 April 2021 Council Meeting a Notice of Motion was carried which required that:

1.   Council officers provide advice at an upcoming Council meeting on the following:

a.   A future Planning Scheme Amendment that implements minimal change areas into the Wyndham Planning Scheme in accordance with our Wyndham Housing and Neighbourhood Character Strategy 2018 (or an updated version adopted by Council);

2.   Council endorses the scope of any future report to include advice on the limitations imposed by DELWP and the Victorian Government in introducing a multi-unit development and or townhouse ban in minimal change areas and or prohibiting a planning scheme amendment of the nature outlined in 1a; and

3.   A report be presented by no later than the Tuesday 28 September 2021 Council meeting for consideration.

The Wyndham Housing and Neighbourhood Character Strategy (WHNCS) 2018 and supporting documents were adopted by Council at the Ordinary Council Meeting of 7 August 2018.

Following the 2018 Council resolution, the amendment documentation to implement the Strategy was sent to the Department of Environment, Land, Water and Planning (DELWP) for authorisation. This is a required step in the Planning Scheme Amendment process. If Council wishes to make any changes to its Planning Scheme, authorisation (or permission) is required from DELWP (on behalf of the Minister for Planning) before Council commences the Planning Scheme Amendment process. In preparing and considering a Planning Scheme Amendment, Council officers and DELWP must comply with the relevant provisions of the Planning and Environment Act 1987. This includes the form and content of an Amendment, as well as timeframes for completing various steps of the Amendment process.

Two years after receiving Council’s amendment authorisation request on 8 October 2018, DELWP responded with a refusal to Council’s application for authorisation to prepare Amendment C161 to the Wyndham Planning Scheme, on 30 November 2020.

The Department considered that the 2018 WHNCS was inconsistent with the State planning policy, provisions and guidance for housing and neighbourhood character which were introduced by the State Government following Council’s adoption of the 2018 WHNCS.

A key issue raised in DELWP’s refusal is that the State Government has changed the General Residential Zone (GRZ) provisions since Council adopted the WHNCS 2018. Council had proposed the majority of areas to remain as General Residential Zone – which at the time was considered the ‘default’ residential zone in Victoria. However, the changed zone provisions introduced by the State Government now allow up to 3 storey residential development in the General Residential Zone (GRZ). This was not the intention of Council’s application of the General Residential Zone and is one example of what will need to be reviewed and updated in a new or refreshed WHNCS.

DELWP recommended that a fresh housing strategy be prepared by Council, which must implement a contemporary residential planning framework consistent with the most up to date Planning Practice Notes (PPN90 and PPN91 – December 2019).

In its refusal letter DELWP also acknowledged the work already prepared by Council in the form of the Wyndham Urban Framework Plan (WUFP) – Emerging Options Paper (May 2019) and the important role of this document in providing overarching guidance about the preferred location of housing growth in Wyndham.  DELWP went on to recommend that this critical strategic work should inform the updated WHNCS in relation to the preferred location of housing growth and presented an opportunity to implement a contemporary residential planning framework consistent with new state government policy.

As noted above, one of the reasons for DELWP’s refusal was the new approach to residential zones that DELWP introduced via two Practice Notes in 2019. This was the latest in a series of steps over the past 20 years that the State Government has undertaken to continue to refine and update planning provisions relating to housing and residential development. Examples of improvements to the residential zones include the introduction of the ‘garden area’ provision in 2017 that mandated a minimum percentage of a lot to be set aside as garden area in each new development. This had the effect of increasing the ‘green’ space in each new multi-unit development.

However, this ongoing fine-tuning of the State’s approach has resulted in challenges for Councils trying to implement Housing and Neighbourhood Character Strategies that are consistent with a State policy direction. Other Councils are now in a similar situation to Wyndham whereby the State Government has directed them to update their strategies to reflect the new practice notes prior to implementation via a new Planning Scheme Amendment. Council officers have been in discussions with the Department over many months and will continue to have these discussions throughout the update of the WHNCS, to ensure that the approach taken by Council is consistent with State direction. This will hopefully avoid any issues in the future when it comes to authorisation of a Planning Scheme Amendment.

2.     Relevant Law

In preparing and considering a Planning Scheme Amendment, Council officers and DELWP must comply with the relevant provisions of the Planning and Environment Act 1987. This includes the form and content of an Amendment, as well as timeframes for completing various steps of the Amendment process.

3.     Discussion

Importance and Role of a Housing and Neighbourhood Character Strategy

Housing change is inevitable. It is an ongoing process influenced by population changes, as well as other environmental, physical, and socio-economic influences. For example, as the housing stock ages, houses are either renovated or demolished to be replaced with a new dwelling or dwellings.

It is important to understand the different roles that the State Government and Council have under the planning system in Victoria.

The State Government’s role in planning is to set the overarching strategic direction for metropolitan Melbourne relating to all areas of development – location of housing, employment, infrastructure, open space etc. They also have responsibility for creating the framework for implementation of those policy objectives – the Planning Scheme. Each Council has a Planning Scheme containing provisions that implement State policies into zones, overlays and permit requirements. The State Government provides consistent provisions to act as a framework and control to what extent Council can vary these. 

Managing housing growth by identifying locations which are suitable for different types of development, whether that is limited, incremental or significant, is a key policy cornerstone of Plan Melbourne. It outlines that all areas will undergo some change over time; however, it is appropriate for Council to identify the level of change expected. This is then implemented through changes to planning provisions, such as policy, and the zones that guide development and built form outcomes. The identification of the change areas must balance the need to provide capacity for housing and population growth in appropriate locations and protect areas that have special characteristics.

Council has a critical role in guiding the location and form of housing to meet the needs of our growing population. Planning for housing change provides certainty for the community about where change is likely to occur, as well as what form it should take.

Council’s approach to the WHNCS and identifying those areas of change must be consistent with Plan Melbourne and DELWP’s Planning Practice Notes which outline how Councils should balance these objectives and implement them through a Strategy and ultimately a Planning Scheme Amendment.

To respond to State planning policies and provide clear directions about where housing growth should occur, Council must undertake strategic planning work that balances housing growth and protection of neighbourhood character.  This ultimately results in recommendations for the application of the suite of residential zones. The structure and content of these residential zones are mandated by the State Government so that they are consistent across the State. Council can vary some limited parts of the zone to respond to the local context, however, cannot introduce a new element – such as a blanket ban on multi-unit development in particular locations. The structure, or template, of the zones that is mandated by the State Government does not enable this type of restriction to be implemented by Councils.

As outlined earlier in this report, if Council tried to amend our planning provisions to ban multi-unit developments, the first hurdle in a Planning Scheme Amendment process is receiving authorisation, or permission, from DELWP/the Minister for Planning. Any attempt to pursue a housing agenda that banned unit developments which is clearly not in accordance with State policy, would be refused by DELWP. There is no recourse for Council to appeal that decision – it is entirely at the discretion of DELWP/the Minister for Planning.

The State Government could amend the residential zones to allow Councils the discretion to ban multi-unit developments – as the ultimate planning authority this is entirely within their remit of responsibility. However, there are a number of reasons why no State Government in Victoria has attempted to pursue this, despite historic and ongoing political pressure from many Councils and communities across Melbourne to do so.

Firstly, population growth means that there is continuing demand for housing. Melbourne will need 1.6 million new homes over the next 35 years (source: Plan Melbourne page 44). Banning multi-unit developments in particular locations will simply shift that housing to other locations, as the underlying need for housing remains.

If Wyndham was permitted to ban multi-unit developments in some areas, other municipalities would surely follow the precedent. This would have the effect of pushing more new housing out to growth areas, such as those in Tarneit, Truganina and Wyndham Vale. Wyndham is already seeing the consequences of out-of-sequence development growth which has not been matched with adequate infrastructure, services and employment, and this would be exacerbated if the majority of Melbourne was ‘locked-up’ from any housing development. The ongoing demand for housing would be directed largely to growth areas such as Wyndham. 

State Government policies explicitly state that established areas of Melbourne need to accommodate a greater share of Melbourne’s growth (compared to growth areas). Plan Melbourne targets 70% of net additional dwellings to be located within established Melbourne, and 30% in growth areas. The latest available data, for 2019, shows 54% of new dwellings were in established areas, compared to 46% in growth areas. This imbalance, explains in part why growth areas are under significant pressure and require ongoing and increased investment in roads, schools, public transport etc. The target of 70% in established areas (including Wyndham’s established areas in appropriate locations), would benefit both the wider community and the households living in each scenario. Plan Melbourne specifically notes that “it is unsustainable to keep expanding Melbourne’s outer-urban growth areas. If the city continues to expand, the natural environment will be impacted, commute times to employment and services will grow longer, and socioeconomic disparities across the city will increase” (page 45).

In addition, Clause 16.01-1S of the Planning Scheme includes the following strategies:

Increase the proportion of housing in designated locations in established urban areas (including under-utilised urban land) and reduce the share of new dwellings in greenfield, fringe and dispersed development areas.

Identify opportunities for increased residential densities to help consolidate urban areas.

The community requires clarity and certainty regarding where growth and intensification are planned to occur; where growth is constrained by planning considerations; and where special neighbourhood character will be respected and protected. By identifying suitable locations for increased housing growth and change – such as in activity centres and close to train stations, this enables other areas to be protected from significant changes, and instead be identified for a less significant amount of change.

Wyndham faces a range of challenges that stem from our existing growth patterns that are primarily driven by our current housing growth.  The composition of Wyndham’s housing stock is one dimensional, it delivers dislocation where housing is separated from the infrastructure and services that are needed to service the communities that live in the housing.  This leads to a lack of vibrancy in our activity centres and the low densities we have historically seen cannot sustain the infrastructure required to service our communities.

Wyndham needs to provide a greater choice of housing that is affordable, meets a broad range of community needs and provides the foundation for a robust and sustainable economy.  Greater housing choice supports greater housing affordability, because there are more options for people to select the housing that best meets their needs.  But it is not just about housing affordability, we need a greater diversity of housing to support affordable living outcomes.  Affordable living is about ensuring our community can access what they need to whether it be housing, transportation, employment, infrastructure and services in a cost effective and affordable way. Creating a more compact and connected city addresses many of these problems by creating built environments that support a diversity of housing, improved transport connectivity, vibrant activity centres and places that support investment and economic sustainability.

It is proposed that the 2018 WHNCS is updated to achieve the outcomes discussed above. This will then be implemented into the Planning Scheme using the suite of residential zones.

Approach to Updating the 2018 WHNCS

Officers consider that the review and update of the Wyndham Housing and Neighbourhood Character Strategy should occur as follows:

-      Develop a contemporary Residential Development Framework Plan (RDFP) which balances competing housing and neighbourhood character objectives through prioritising preferred development outcomes for each housing change area, by preparing and doing the following:

Identifying housing change areas by:

§ Reviewing the criteria for what was previously known as “Incremental Change” areas to align with new State policies;

§ Develop the new criteria to differentiate between the new categories in established residential areas of Wyndham;

§ A workshop with Councillors to further discuss these criteria.

o    Preparing a new Housing Capacity Analysis to inform the new Housing and Neighbourhood Character Strategy.

Reviewing the Neighbourhood Character Study, including:

§ review neighbourhood character areas to ensure these are still relevant and accurate;

§ translate any specific planning policy or decision requirements from the Study into local planning policy and/or decision guidelines; and

§ translate any precinct maps into the new format of the planning scheme.

-      Implement the RDFP by:

Testing the new Residential Development Framework Plan (RDFP) with Councillors, the community and DELWP representatives.

Applying the zones and overlays based on the strategic outcomes and preferred built form outcomes sought by Council.

Changing the Municipal Planning Strategy (MPS) and Planning Policy Framework (PPF) to reflect the planning outcomes sought by the Council in the new Housing and Neighbourhood Character Strategy.

The approach outlined above will deliver a holistic approach to housing that identifies what areas should be identified as minimal, incremental or substantial change. It will result in a clear picture of Council’s vision for residential development across the municipality.

The alternative approach as suggested in the Notice of Motion would be to pursue an Amendment for minimal change areas, without the supporting strategic work identifying the remaining two change areas. This fragmented approach to a housing strategy is not aligned with DELWP’s Practice Notes which outline how Council should undertake a strategic assessment of the whole municipality, and how each area can or should contribute to housing capacity. Attempting to protect minimal change areas only, without the supporting work to identify and quantify areas of incremental and substantial change, would be problematic, and ultimately is very unlikely to be supported by DELWP. While the 2018 WHNCS was under consideration by DELWP, Council officers raised the possibility of splitting the Amendment so that the minimal change areas could be implemented whilst the remainder of the Strategy was reviewed and updated. This was not looked upon favourably by DELWP at the time, primarily because it would result in a piecemeal rather than holistic and integrated approach.

What can a ‘minimal change area’ do?

In response to the second part of the Notice of Motion, this section outlines the intent of the minimal change area classification, and particularly if it can ban multi-unit / townhouse development.

Minimal changes areas have characteristics that are sufficiently special to a municipality and should be protected because of their neighbourhood, heritage, environmental or landscape characteristics. They may also include areas that have physical or other constraints to accommodate development (for example, land subject to bushfire risk, flooding or airport noise).

They sit at the lower end of the residential development spectrum, alongside incremental and substantial change, as shown in the image below.

 


Source: DELWP Planning Practice Note 90 ‘Planning for housing

It is likely that the update to the 2018 WHNCS will, for minimal change areas, recommend either a Neighbourhood Residential Zone, or Low Density Residential Zone (if that is the current zoning). The Neighbourhood Residential Zone recognises areas of predominantly single and double storey development and the purpose is to ensure any development respects the identified neighbourhood character, heritage or landscape characteristics.

As outlined in the DELWP Planning Practice Note 91, ‘the density or number of dwellings on a lot cannot be restricted in the Neighbourhood Residential Zone unless special neighbourhood character, heritage, environmental or landscape attributes, or other constraints and hazards exist’.

It is possible to include a minimum subdivision lot size in the Neighbourhood Residential Zone. For example, if an area was identified as having large lot sizes that contribute to a special character, a minimum lot size, could potentially be introduced. This would limit the type of any new subdivision planning permits that would be allowable, however, would still allow some development to occur if it met the minimum size requirements.

As outlined earlier in this report, it is not possible under the State Government’s Victorian Planning Provisions, which apply to all Councils, to outright ‘ban’ multi-unit developments as outlined in the Notice of Motion. Council has some discretion in identifying the different areas of change, applying the zones, and nuancing particular requirements (such as minimum lot size mentioned above), however, these are all subject to approval by DELWP/ the Minister for Planning. All residential zones allow some form of development, appropriate to the context as determined by the Housing and Neighbourhood Character Strategy.

In relation to the question of prohibiting a planning scheme amendment, the reality is that The Minister for Planning does not need to do this.  The reason for this is that The Minister for Planning must authorize a Planning Scheme Amendment for it to proceed and be pursued. The Minister for Planning rather than prohibiting a Planning Scheme Amendment can just refuse to authorize it.  A refusal to authorize a Planning Scheme Amendment is highly likely if it is contrary to State Government policy, such as a Planning Scheme Amendment that sought to introduce a multi-unit development and or townhouse ban in minimal change areas.

4.     Wyndham 2040 Vision

·    Places and Spaces:
The updated Housing and Neighbourhood Character Strategy will align with the Wyndham 2040 Vision by ensuring that residential development is managed by directing more dense housing to locations close to public transport, activity centres and services, whilst protecting areas identified as having unique neighbourhood character.

5.     City Plan

Earlier iterations of the Housing and Neighbourhood Character Strategy informed the City Plan and it is one of the key documents that implements the City Plan. The updated Housing and Neighbourhood Character Strategy will continue to underpin the next City Plan.

6.     Council Plan and Policies

As noted above.

7.     Regional, State and National Plans and Policies

The State Government has an overarching strategic document – Plan Melbourne, which provides direction on a range of planning matters, including housing growth, diversity and delivery. In assessing a Planning Scheme Amendment, Council officers and DELWP must consider how the strategic planning project or decision will align with, or implement, the vision and actions contained within Plan Melbourne.

Managing housing growth by identifying locations which are suitable for different types of development, whether that is limited, incremental or significant, is a key policy cornerstone of Plan Melbourne. It outlines that all areas will undergo some change over time; however, it is appropriate for Council to identify the level of change expected. This is then implemented through changes to planning provisions, such as policy, and the zones that guide development and built form outcomes. The identification of the change areas must balance the need to provide capacity for housing and population growth in appropriate locations and protect areas that have special characteristics which mean any change should be limited and responsive to the existing neighbourhood character.

Council’s approach to the WHNCS and identifying those areas of change must be consistent with Plan Melbourne and DELPW’s Planning Practice Notes which outline how Councils should balance these objectives and implement them through a Strategy and ultimately a Planning Scheme Amendment.

8.     Financial Viability

Not applicable.

9.     Sustainability Implications

Not applicable

10.   Options

Council can choose to:

1.   Support an update to the Housing and Neighbourhood Character Strategy as outlined in this briefing paper. This would ensure local policies on residential development are updated and strengthened by being incorporated into the Planning Scheme. This approach will ultimately support planning permit decision-making. A holistic approach that considers all change areas in one Strategy and Planning Scheme Amendment is most likely to be supported by DELWP and result in the best outcome for the community.

2.   Prioritise minimal change areas and prepare a Planning Scheme Amendment which only affects those areas through rezoning to Neighbourhood Residential Zone. This would delay the implementation of zoning and policy changes that impact incremental and substantial change areas, which has particular risks for incremental changes areas (currently General Residential Zones) as outlined below. As such, this option is not recommended.

3.   Not pursue an update to the Housing and Neighbourhood Character Strategy and instead rely on the current zoning provisions and local policies. These are outdated and potentially allow 3 storey development in all General Residential Zones across Wyndham. Outdated policies also make it more difficult for Council planning permit decisions on neighbourhood character to be supported at VCAT. As such, this option is not recommended.

A balance needs to be reached in preparing a Housing and Neighbourhood Character Strategy. Pursuing a piecemeal approach (as outlined in Option 2) is unlikely to be supported by DELWP / the Minister for Planning.  This will result in no changes being actioned within the Planning Scheme and the status quo being retained.  The status quo has General Residential Zone across most of the municipality, and these provisions permit applications for 3 storey development. This is not considered appropriate for the majority of Wyndham’s residential areas, and therefore there is some urgency in needing to complete the whole review of the Strategy, to ensure areas are appropriately identified and protected from inappropriate development.  Diverting officer resources to focus on minimal change areas only would delay completion of the wider piece of work that affects the whole municipality and as identified earlier it is highly likely that such an approach will not be supported by DELWP/the Minister for Planning because it would result in a piecemeal rather than holistic and integrated approach.

11.   Community Engagement

Not applicable for this report. The review and update of the Housing and Neighbourhood Character Strategy will include community engagement and this process will form part of a separate briefing and report to Council.

12.   Communication Strategy

Not applicable.

13.   Innovation and Continuous Improvement

Not applicable.

14.   Collaboration

Council officers have discussed with DELWP the potential for a stand-alone Planning Scheme Amendment to implement the minimal change areas – separate to the rest of the WHNCS. DELWP were not supportive of this approach and noted their preference was to undertake a review and update of the 2018 WHNCS to reflect the new DELWP Practice Notes, and then implement those changes through a holistic Amendment. If Council tried to pursue a different approach, indications are that it would not be supported by DELWP and therefore similarly be refused as was Amendment C161.    


Other Reports

 

Council Meeting

Tuesday, 28 September 2021

 

File No:  

 

 

Item No: 6.5.1

Chief Executive Officer - Stephen Wall

 

 

 

Wyndham City Financial Reports for the Year Ended 30 June 2021

 

Summary

The purpose of this paper is to seek ‘in principle’ approval for Wyndham City’s Financial Reports for the year ended 30 June 2021 which include:

·    Consolidated Annual Financial Report for the year ended 30 June 2021 (Attachment 1)

·    Performance Statement for the year ended 30 June 2021 (Attachment 2)

·    Governance and Management Checklist (Attachment 3)

The statements have been prepared in accordance with all statutory requirements and have been audited by the Victorian Auditor General’s agent HLB Mann Judd. The Audit and Risk Committee met on the 15 September 2021 to review the statements and checklist and discuss any issues with the auditors. The Committee provided in principle endorsement of statements and recommended that Council authorise the:

·    Chief Executive Officer, Chief Financial Officer and two Councillor representatives to certify the final version of the statements;

·    Chief Executive Officer to forward the statements to the Auditor General.  

These statements are consolidated statements, incorporating Western Leisure Services Pty Ltd.

Overall, Wyndham City is currently in a sound financial position as is evident by the operating result and balance sheet.

 

Attachments

1.

Consolidated Annual Financial Report 2020-21 - printed in separate document

2.

Peformance Statement for the year ended 30 June 2021 - printed in separate document

3.

Governance and Management Checklist - printed in separate document

 

  

 

Officers’ Declaration of Interests

Under Section 130 of the Local Government Act 2020, officers providing advice to Council must disclose any interests, including the type of interest.

 

Chief Executive Officer – Stephen Wall

In providing this advice as the CEO, I have no disclosable interests in this report.

 

Chief Financial Officer - Binda Gokhale

In providing this advice as the Chief Financial Officer, I have no disclosable interests in this report.

 

Financial Controller - Michael Kelly

In providing this advice as the Manager, I have no disclosable interests in this report.


 

Key Issues

·        Operating Result for the year

·        Balance Sheet

·        Performance Statement

·        Governance and Management Checklist

·        Statutory Requirements

 

RECOMMENDATION

 

That Council:

1.      Approve “in principle” the Consolidated Annual Financial Report (Attachment 1) for the year ended 30 June 2021;

2.      Authorise two Councillors, Mayor Cr Adele Hegedich and Deputy Mayor Cr Peter Maynard, to sign the Consolidated Annual Financial Report in their final form;

3.      Approve “in principle” the Performance Statement for the year ended 30 June 2021 (Attachment 2);

4.      Authorise two Councillors, Mayor Cr Adele Hegedich and Deputy Mayor Cr Peter Maynard, to sign the Performance Statement in its final form;

5.      Approve the Governance and Management Checklist (Attachment 3); and

6.      Authorise the Mayor, to sign the Governance and Management Checklist.

 

 

1.     Background

Council has prepared Annual Financial Statements for the 2020-21 Financial Year detailing Council’s financial performance and related performance metrics. 

The Statements are audited by the Victorian Auditor General to confirm that they meet the relevant laws and fairly reflect the financial transactions undertaken for the year ended 30 June 2021 and the financial position of Council as at that date.

As the Statements reflect, Council’s financial position continues to remain sound. Section 3 below provides summary of key outcomes.  Detailed information is included within the attached Consolidate Annual Financial Report and Performance Statement.

2.     Relevant Law

The Local Government Act 2020 (the Act) and regulations include transitional provisions that mean the Local Government Act 1989 and the Local Government (Planning and Reporting) Regulations 2014 continue to apply to the 2020-21 reporting period.

Sections 131, 132 and 133 of the Local Government Act 1989 state that:

·   the financial statements must be prepared in accordance with the regulations and include any other information required by the regulations

·   the financial statements must be submitted to the auditor as soon as possible after the end of the financial year and certified in their final form by two councillors, the CEO and principal accounting officer

·   the annual report must contain a copy of the auditor’s report on the financial statements

·   the annual report must be submitted to the Minister for Local Government within three months of the end of each financial year (30 September)

In addition to these sections of the Act Regulations 19 and 20 in part four of the Local Government (Planning and Reporting) Regulations 2014 state that:

·   the financial statements must be prepared in accordance with the Local Government Model Financial Report

·   the financial statements must contain a statement of capital works

·   the financial statements must include specified other information as notes

3.     Discussion

 A.    Operating Result

The Operating Statement provides a summary of Wyndham City’s income and expenditure for the period 1 July 2020 to 30 June 2021.

Wyndham City’s operating result was a surplus of $231.0 million for 2020/21.  This includes $259.4 million of monetary and non-monetary developer contributions. The timing of these contributions is difficult to predict and are a key source of variance from budget numbers

The operating result was also impacted by the increase in valuation of Land & building assets and Recreational Leisure and community facilities at $133.6 million. The total comprehensive result was $364.6 million.


 

The total revenue for the year was $638.2 million, major revenue items include:

 

Rates and charges

$233.7 million

Contributions – non-monetary

$185.4 million

Contributions – monetary

$74.0 million

User fees

$46.2 million

Grants

$80.0 million

Statutory fees and fines

$14.5 million

Other income

$4.4 million

Total Income

$638.2 million

 

Total operating expenses incurred for the period amount to $407.2 million. Wyndham City’s major expenditure items for the year were:

Salaries and associated costs

$155.4 million

Materials and services expenditure

$111.1 million

Depreciation and amortisation

$113.0 million

Net loss on disposal of Assets

$14.7 million

Borrowing costs

$6.6 million

Other minor expenses

$6.4 million

Total expenses

 $407.2 million

 

COVID-19 Impacts:

In response to the Government directives amidst the COVID-19 pandemic the following council facilities were either closed or operated at a reduced capacity at times during 2020/21 year:

• Landfill to residential customers

• Aqua Pulse and Eagle Stadium

• Civic Centre

• Community centres and libraries

These closures and related restrictions coupled with the council initiatives to support the community had a significant financial impact on the council during the 2020/21 financial year.

The details and explanation of the material variance between the budget and actual result are outlined in Note 1 of the Consolidated Annual Financial Report (Attachment 1, pages 13-16).

Additionally, it is important to note the following in relation to Employee costs. 

The Accounts reflect that Employee costs at $155.4m were $3.1m higher than in 2019/20. The 2020/21 costs include temporary staff employed under the State Government Working for Victoria scheme.  These costs were offset by operating grant income $7.6m.

Excluding the impacts of costs related to this scheme, the year on year result is a favourable variance reflecting cost savings from recruitment which was put on hold as well as a reduction in casual staff impacted by closure of some Council services in line with COVID restrictions.

The Annual Statements also report on the number of Senior Officer Positions (Attachment 1, page 45).  This reflects an increase in staff numbers categorised as a Senior Officers and is primarily due to the reporting threshold of $151,000 remaining unchanged from prior year. This has meant that a number of existing staff are required to be included due to remuneration changes within the year in line with contractual commitments.

B.     Adjusted Underlying Result

A key measure of financial sustainability is the Adjusted Underlying Result, which identifies whether Council is generating enough revenue to cover operating expenses (including the cost of replacing assets reflected in the depreciation expenditure). This is calculated by excluding from the surplus of the year, the developer contributions and non-recurrent capital grants.

 

Surplus for the year

           $231.0 million

Grants – capital non-recurrent

          $(17.2) million

Contributions – monetary

          $(73.9) million

Contributions – non-monetary

        $(185.4) million

Adjusting underlying result

         $(45.5) million

The Adjusted Underlying Result for 2020/21 was a deficit of $45.5 million, compared to a budget deficit of $52.4m and prior year deficit of $11.5 million.  The decline in 2020/21 was due to a number of factors including the reduction in user fees ($14.7) million, the net loss on disposal of assets at written down value ($11.4) million, the Impairment of Intangible software asset ($15.2) million partly offset by other expenditure net of rates revenue movement $7.3 million. 

C.     Balance Sheet

Wyndham City’s Balance Sheet summarises the assets and liabilities of Wyndham City and the net equity position of Wyndham City as at 30 June 2021.

In 2020/21, Wyndham City’s overall net asset base increased by $364.6 million compared to 2019/20. This movement is made up of the net surplus $231.0 million and movement in Asset valuation $133.6 million. The growth in Council’s asset base is consistent with the growth trends across a broad range of measures that currently position Wyndham City as one of the fastest growing municipalities in Australia. In 2020/21, Council spent $78.4 million in capital expenditure, 60% ($47.2 million) of which was for the creation of new capital assets. The high growth in the asset base brings with it the challenges of maintaining, servicing and ultimately renewing a rapidly expanding asset base.

Overall, Wyndham City’s net assets are $4,916.3 million.  This is made up of:

 

Current assets

$654.9 million

 

Non-current assets

$4,494.5 million

 

Total assets

$5,149.4 million

 

Current liabilities

$160.6million

 

Non-current liabilities

$ 72.5million

 

Total liabilities

$233.1 million

 

Net Assets

$4,916.3 million

In 2020/21, total current assets were $654.9 million, including $580.4 million in cash and short- term deposits and $72.2 million in receivables. However, $450.0 million of the total cash was either restricted or allocated funds, which means that they must be applied for specific statutory purposes and commitments and cannot be used to meet daily cash flow requirements. Considering unrestricted funds only, current assets are 1.4 times current liabilities compared to 2.1 times 2019/20. The movement mainly represents the $40 million interest bearing liability that is due to be repaid in the next 12 months. This represents a stable liquidity position for Wyndham City as at 30 June 2021.

The total non-current assets, mostly representing property and infrastructure assets, have increased by $338.6 million from the previous year. The increase from prior year includes the revaluation of Land & building assets plus Recreational Leisure and community facilities at $133.6 million, together with gifted assets from developers and assets constructed or purchased by Council in 2020/21.

Current liabilities rose by $62.7 million including $40 million interest bearing liability. In addition, the Landfill rehabilitation provision increased by $10.4 million, Employee provisions by $1.7 million, Trade payable increased by $5.4 million and unearned income together with contract liabilities increased by $5.7 million and other decreases $0.5 million.

Non-current liabilities decreased by $18.4 million compared to the prior year, due primarily to the reclassification of the interest-bearing liability mentioned above, a reduction in Landfill provisions of $3.4 million partially offset by an increase in lease liabilities of $25.0 million.

D.     Performance Statement

Wyndham City must prepare a Performance Statement as soon as practicable after the end of the financial year. The Performance Statement has been prepared in accordance with the requirements of the Local Government Performance Reporting Framework (LGPRF), which is a key initiative from Local Government Victoria to improve the transparency and accountability of council performances. The framework is made up of 31 measures and is available to the public on the Know Your Council website.

The Annual Performance Statement is detailed in Attachment 2. 

E.     Governance and Management Checklist

The Performance Statement is supported by the Governance and Management Checklist, which is Council’s assessment against the prescribed criteria provided under the LGPRF (Attachment 3).

F.     Statutory Process

Sections 131-134 of the Local Government Act 1989 outline the process to be followed by local government entities to adopt and sign their Consolidated Annual Financial Report and Performance Statement.

Under these arrangements, local government entities cannot submit their statements, to the Auditor General unless they have passed the two required resolutions in respect of each statement.

The first resolution gives “in principle” approval to the statements.  The second resolution authorises two Councillors on behalf of Wyndham City to certify the statements once the Auditor General has finalised a review of the statements and any resulting amendments or changes that have been made.  The statements cannot be certified prior to submission to the Auditor General and only those Councillors authorised to sign the statements may do so.

Outlined below is the process for Wyndham City in having their Consolidated Annual Financial Report and performance statement audited.

 

Council (staff) prepares statements                                                                                                  

                                                                                                  

                                                                                                  

Auditor-General’s service provider (HLB Mann Judd) completes audit fieldwork 

 

 


Audit Committee reviews draft statement/s with the benefit of comments by Council management and the auditors, HLB Mann Judd                                                                                                   Note: Review at the Audit and Risk

                                                                                                   Management Committee Meeting held

                                                                                                   on 15/09/2021.

 


        

Council reviews draft statement/s with the benefit of the recommendations of the Audit Committee and comments of Council management and the Auditor-General’s service provider.
Council resolves to:
•	Approve statements in principle; and
•	Authorise two signing Councillors

,Statement/s, Council resolutions and all other key deliverables forwarded to the Auditor-General for review.,Material change
or qualification
proposed
,Authorised Councillors sign statement/s,Auditor-General signs opinion/s,Yes,No Note:  Council must pass these resolutions before the statements are provided to the Auditor-General for review.  The statements must not be signed before presentation to the Auditor-General.  These resolutions are required only once.,Note:  Council may require that if any material changes or a qualification is proposed, that these matters be considered by the Audit committee and/or Council itself before authorised Councillors sign the statements.
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


The Consolidated Annual Financial Report and Performance Statement together with the Auditor General’s reports will be incorporated into the Annual Report.  The Annual Report is required to be submitted to the Minister by 30 September 2021 to meet the statutory timeframes.

4.     Wyndham 2040 Vision

The Financial statements once approved, are incorporated into the annual report which includes focus on achievements towards Wyndham 2040 vision.


 

5.     City Plan

4.2.3  Council will strengthen its operational efficiency and sustainability by identifying and embracing new, more efficient ways to work with partners from the public and private sector, and by regularly applying rigorous evaluation of our systems, investments, expenditure, infrastructure needs, service delivery, technology use, resource application, and staff development, empowerment and flexibility.

6.     Council Plan and Policies

Wyndham City’s statements have been prepared in accordance with the relevant financial management policies in place, Australian equivalent to the international financial reporting standards and regulatory requirements.

7.     Regional, State and national plans and Policies

Not applicable

8.     Financial Viability

Council’s financial position continues to remain sound. Detailed information relating to Council’s financial performance is included within the attached Consolidate Annual Financial Report and Performance Statement.

Council has also prepared a Long Term Financial Plan which provides a 10 year outlook of Council’s financial position based on an established set of financial parameters.  The Long Term Financial Plan has been released for public comment and is expected to be formally adopted by Council in October 2021.

The financial results for 2020-21 as outlined in this report will be used to inform future updates of the Long Term Plan.

9.     Sustainability Implications

The Annual Performance statement includes a number of sustainability indicators to measure financial performance and sustainable capacity (refer to attachment 2)

10.   Options

Not Applicable

11.   Community Engagement

The Annual Report including the Financial Statements will be accessible to the community and inform Council’s ongoing community conversations and deliberative engagements regarding Council service priorities and strategies.

12.   Communication Strategy

The Annual Report including the Financial Statements will be accessible to the community on the Wyndham City Council website - www.wyndham.vic.gov.au

13.   Innovation and Continuous Improvement

Not applicable

14.   Collaboration

Council officers have co-operated with Victorian Auditor General’s Office appointed auditors in the provision of all requested information to assist the review of financial statements and performance statement. There are no outstanding requests preventing the completion of the Audit opinion.

 


Other Reports

 

Council Meeting

Tuesday, 28 September 2021

 

File No:  

 

 

Item No: 6.5.2

Chief Executive Officer - Stephen Wall

 

 

 

Wyndham Tree Canopy Cover

 

Summary

The Wyndham Tree Canopy Cover Report (Attachment 1) has been prepared in response to Notice of Motion 602 which sought a review of tree canopy cover and actions that could be considered to increase the amount of tree canopy cover in industrial and commercial areas, home gardens, parks, streets and other public land. The report was to include consideration of actions to accelerate the rate of tree canopy establishment and how risks associated with Council trees are managed

The Wyndham Tree Canopy Cover Report provides a series of recommendations to ensure Council meets its strategic objectives related to increasing tree canopy, including meeting its 2030 tree canopy cover targets, within the context of the future financial responsibilities and risks associated with managing an increasing number of trees.

 

Attachments

1.

Wyndham Tree Canopy Cover Report

2.

Tree and Urban Forest Policy 2021

 

  

 

Officers’ Declaration of Interests

Under Section 130 of the Local Government Act 2020, officers providing advice to Council must disclose any interests, including the type of interest.

 

Chief Executive Officer - Stephen Wall

In providing this advice as the CEO, I have no disclosable interests in this report.

 

Manager Climate Futures – Peter McKinnon

In providing this advice as the Manager, I have no disclosable interests in this report.

 

Coordinator City Landscape & Environment - Lukas Nott

In providing this advice as the Author, I have no disclosable interests in this report.

 

Key Issues

·        Council’s potential tree canopy cover targets of 25% for streets and 35% for open spaces have been bought forward to 2030 via the Resilient Wyndham Strategy.

·        Council manages 217,620 public trees across its existing streets and public open spaces. These trees provide potential canopy cover of 20% across streets and 15% across open spaces.

·        Council must plant an additional 41,000 street trees and 97,000 open space trees across existing urban areas between now (2021) and 2030 in order to meet targets.

·        Council invests $7.9M towards the management of existing trees and annual tree planting programs. The number of Council trees must double into the future to meet targets and accommodate urban growth. There will be a corresponding increase in maintenance and risk associated with this.


 

 

RECOMMENDATION

 

That Council:

1.      Re-enforces its commitment to the tree canopy targets in the Resilient Wyndham Strategy.

2.      Engage with the community, seek external funding for, and promote and advocate for tree canopy cover outcomes that achieve or exceed the 2030 targets.

3.      Allocate funding in its annual budget to cover increased operational costs of planning, planting, establishment and proactive management of trees to meet the new targets, minimise risk and maximise canopy.

4.      Adopts the attached updated Tree and Urban Forest Policy (2021) at Attachment 2.

5.      Develops and implements tree protection controls to limit the removal of existing canopy trees on both public and private land.

6.      Implements improvements to systems to better track and manage the tree inventory.

7.      Develops a Canopy Cover Implementation Plan to ensure the new 2030 targets are achieved.

 

1.     Background

The Draft Council Plan demonstrates a strong community commitment to a greener, more liveable City.  Increased tree canopy, particularly in urban areas is considered to be a key tool in helping deliver on this community aspiration.  This is also reflected in the Refreshed Wyndham 2040 Community Vision.

The City Forest & Habitat Strategy (CFHS) and Resilient Wyndham Plan provide the strategic platform to increase canopy cover across urban areas of Wyndham.

Both strategies set long-term targets to increase potential canopy coverage to 25% in streets and 35% in parks by the year 2040 across Council managed land.

In the private realm the CFHS sets 2040 targets of 15% potential canopy coverage in established areas and 10% in establishing (growth) areas (in recognition of smaller residential lot sizes).

The recent adoption of the Resilient Wyndham Plan 2021-2025 has brought forward the canopy targets in our streets and parks to 2030.

The Wyndham Tree Canopy Report has been developed with input from all relevant areas of Council involved in the planning and management of trees in both public and private land.  The report has been prepared internally by Council staff.

The report considers the current costs of managing trees, risks, liability, and insurance responsibilities/obligations by Council related to trees as well as current planning processes and controls that protect existing trees and ensure the planting of additional canopy.

2.     Relevant Law

Not Applicable.

3.     Discussion

Key Issues and Challenges associated with managing and increasing the number of canopy trees

·    Overlapping tree management systems are creating inaccuracies and incompleteness of data around the number of trees Council must manage.

·    Tree root complaints/insurance claims are a growing concern for residents across Council.

·    Retrofitting trees into established residential areas (annual street tree planting program) generates many customer service requests/complaints by residents.

·    Vandalism of trees continues to be an issue across Council.

·    Council’s Tree and Urban Forest Policy 2019 requires updating to ensure developers deliver the required number of trees in new developments, particularly for new lots with small frontages.

·    Achieving new tree planting and retaining existing trees along arterial roads is a major challenge due to DoT design requirements, speed limits and road reserve widths.

·    Council has limited ability to require the retention or planting of canopy trees on private property.

·    Trees and leaves are considered a nuisance by some residents generating customer service requests and complaints (particularly in streetscapes).

Number of trees managed in Existing Urban Areas

The number of Council owned and managed trees is tracked in Council’s Tree Inventory. The table below provides the number of trees in open spaces and streets across the existing urban area.

Number of Council Trees in Exiting Urban Areas (2021)

 

Location

Number of Trees

Streets

                   147,675

Open Space

                 69,945

Trees Total in Existing Urban Areas

                 217,620

Note: This is an extract from the tree inventory. The tree inventory does not track all trees across Wyndham.

Canopy Cover across the Existing Urban Area

The table below shows the potential canopy cover generated by trees within the existing urban areas of Wyndham.

Location

Canopy Cover Target

Current Canopy Cover

Streets

25%

20%

Open space

35%

15%*

* Open space canopy cover may be higher as tubestock tree plantings are not currently tracked in the Tree Inventory

Number of additional trees needed in Existing Urban Areas to meet Potential Tree Canopy targets

Based on assumptions of average mature tree canopy spread, and the total land area of roads and open space within the existing urban area, the number of additional canopy trees required to be planted to meet the new 2030 targets are:

Location

Current number of Trees (2021)

Additional trees required between 2021 and 2030

Total Tree population (2030)

Street trees

                  147,675

+41,000

188,675

Open space

                    69,945

+97,000

166,945

Total

355,620

Annually this equates to 5,125 street trees and 12,125 park trees per planting season between 2021 and 2030.

By 2030, assuming that Council meets it canopy targets in existing urban areas and new development continues to hand over 10,000 trees per year (90,000 trees over the next 9 years), the overall number of trees Council will be required to manage will be approximately 445,620 trees.

 


 

Meeting Canopy Cover Targets in new development areas

A review of typical subdivision plans showed that local streets were able to achieve potential future canopy cover of between 28% and 45%, comfortably above the target 25%.

However, wider streets such as collector roads and arterial roads, and streets with narrower house lot frontages are falling well short of meeting the 25% target.

In new open spaces potential canopy cover of between 30-35% were being achieved in parks. Minor changes during the design review process will allow Council’s target of 35% to be achieved in all instances.

Costs associated with managing trees across Existing Urban Areas

The table below summarises the total current funding available for operational activities related to the management of the 217,620 trees across Councils streets and park network and the annual planting and maintenance of the street tree planting program.

Annual Conservation, Arboriculture and Urban Forest Budgets (21/22)

Item

21/22 Budget

Periodic tree assessment and pruning - trees checked every 1, 2 or 3 years (to meet obligations)

$3,752,472.00

Ongoing proactive tree maintenance

$300,000.00

Council staff & resources

$1,105,039.00

Street Tree Planting Program

$2,623,304.00

Conservation tubestock tree planting

$112,000.00

Total

$7,892,815.00

Risk and Insurance Management

Council relies on its public liability cover, if a third party is injured and/or property damaged as a result of its business activities or occurring on Council land. Claims are assessed on their merits; Council will only accept claims where it has contributed to the loss and is deemed to be liable.

Council participates in the MAV (Municipal Association of Victoria) Liability Mutual Insurance scheme, which delivers a reliable public liability and professional indemnity insurance product to the local government sector, with a focus on working with its members to reduce their risks.

In the past 5 years, Council has on average received 135 claims per year, relevant to its public liability policy, with 12% of claims attributed to Council trees and 3% to tree roots. Over the past 5 years Council accepted 11 tree claims across this period representing a total of $30,000.

Future risk and costs

Effective management of tree risks is essential and will support the achievement of our objectives. While an increase to our tree canopy will increase the likelihood of injury or damage arising from Council trees, the reward from a climate management and amenity perspective is higher.

As Council moves from 217,620 trees today, towards the 355,000+ trees needed to meet potential canopy cover targets for its existing streets and open spaces, it is critical that the resources required to assess, maintain and document the condition of each tree in the inventory is scaled up to meet the task.

 

 

 

Advocacy, Education and Engagement

Improving canopy cover outcomes on private land (which includes residential, commercial, town square and industrial land uses) via changes to the planning scheme will take time and will deliver incremental and scattered change.

Therefore, it is important that Council’s continues to focus effort on community education and engagement around the importance and benefits of trees and tree canopy, including the annual free giveaway of trees.

Council should concurrently pursue and advocate for planning scheme and policy changes to improve tree canopy outcomes on both public and private land.

Proposed policy change

Adopting the revised Tree and Urban Forest Policy will have an immediate impact on Council’s ability to achieve improved canopy cover outcomes in growth areas and to retain trees in existing urban areas.

To increase its effectiveness further, Council should incorporate the revised Tree and Urban Forest Policy, as local policy, into the next planning scheme review.

Proposed planning controls

·    Precinct Structure Planning Guidelines - Advocacy is required to ensure that the VPA amends the PSP Guidelines in response to Council feedback.

·    Planning scheme changes to require trees to be planted on private residential land will be lodged with DELWP in November 2022.

·    Planning scheme changes to implement significant tree overlay and/or heritage overlay to be lodged with DELWP in December 2022.

The above changes to Council’s planning controls are subject to DELWP approval and are outside of Council’s direct sphere of influence.

4.     Wyndham 2040 Vision

·    Places and Spaces: the report and recommendations provide a pathway to meeting the community’s desires and expectations for a greener, cooler and more resilient City.

5.     City Plan

2.2.2  Council will build civic pride and social connection amongst residents and businesses through measured activation and regulations to create more appealing streetscapes, including improvements to signage, building fronts, and the natural environment, in order to improve and add to the special physical  character of Wyndham.

2.2.3  Council will be a leader in environmental sustainability and adapt to climate change by increasing the energy efficiency of Council, encouraging energy efficient development, fostering bio-diversity, and supporting local agriculture by working with the state government to ensure water security throughout our area.

6.     Council Plan and Policies

Draft Council Plan 2021-2025: A Green City - Wyndham is an environmentally sustainable place where natural environments are protected. Council will: Increase tree canopy and create green open spaces that are well maintained and attractive for all.

Council has been actively pursuing increased canopy cover since the City Forest and Habitat Strategy, adopted in 2017, set canopy cover targets. This has been predominantly via the Annual Street Tree Planting Program.

Tree and Urban Forest Policy (2019): outlines how Wyndham City will manage its urban forest in order to sustain and expand a healthy tree population that benefits the community and the environment.

7.     Regional, State and national plans and Policies

·    Resilient Melbourne – Living Melbourne: our metropolitan urban forest

·    Greening the West

8.     Financial Viability

Council spends approximately $7.9M currently on all relevant aspects of its tree planting program.

The planting of mature trees in parks is not included within current budgets. In order to improve canopy cover outcomes across parks additional mature tree planting is required. It will cost approximately $1.4M annually for 20% of the current park planting program to be delivered as mature trees in parks (3,600 trees per annum).

Council’s operational costs associated with the establishment and risk management of the tree inventory will grow in direct proportion to the number of trees in the inventory. The number of Council trees will rise from 217,620 trees across the existing urban area today, towards the 355,620+ required to achieve a cooler greener west. Adding to this the 10,000 trees handed to Council by developers each year, it is expected that Council’s operational costs will grow by 5% annually between now and 2030.

Development of a Canopy Cover Implementation Plan to map out sites and species to ensure the new 2030 targets are achieved will cost approximately $90,000.

Ensuring that council can keep pace with the increasing management of the tree inventory is critical to minimising risk to the community and cost of insurances.

The implications on the 22/23 financial year budget, if all recommendations are followed, is summarised below:

Item

22/23 Budget

Tree management, staff and resources (5% increase on 21/22)

$5,415,386.00

Street Tree Planting Program

$2,623,304.00

Conservation tubestock tree planting

$112,000.00

Mature trees in parks (3,600 trees)

$1,400,000.00

Canopy Cover Implementation Plan

$90,000.00

Total

$9,640,690.00

 

This represents an increased cost of $1.7M for the 22/23 financial year.

Council expects that a portion of the increased costs will be offset annually by grants and tree amenity fees collected. In 21/22 Council received funding towards tree planting from both the Local Roads and Community Infrastructure (LRCI) Grants and Phase 1 of the 500,000 Trees for a Cooler Greener West Grant. Council expects to receive funds for Phase 2 in 22/23. Having a detailed Canopy Cover Implementation Plan will be an important tool to effectively target funding sources and strategic sites in future years. 

9.     Sustainability Implications

The report provides a series of recommendations to ensure Council meets its 2030 tree canopy targets. Meeting these targets is a critical aspect of responding to the changing climate and developing a resilient city.

10.   Community Engagement

The revised canopy cover timeframes were developed and endorsed via the Resilient Wyndham Plan and its engagement processes. No additional community engagement has been undertaken.

11.   Innovation and Continuous Improvement

The report recommends improvements to Council’s tree inventory systems to minimize future risk and costs to Council.

12.   Collaboration

This report was developed in collaboration with all areas of Council involved in the planning, approvals, planting and management of trees.

 

 


 

ATTACHMENT No: 1 - Wyndham Tree Canopy Cover Report

 

Item No: 6.5.2

 

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ATTACHMENT No: 2 - Tree and Urban Forest Policy 2021

 

Item No: 6.5.2

 

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Other Reports

 

Council Meeting

Tuesday, 28 September 2021

 

File No:  

 

 

Item No: 6.5.3

Director City Life - Allison Kenwood

 

 

 

Manor Lakes North Reserve Master Plan Adoption

 

Summary

The final Manor Lakes North Reserve Master Plan outlines a vision for the development of a new reserve in the west of the municipality. The Master Plan focuses on the provision of sport and recreation infrastructure to service identified community needs and guide the future development of the reserve to ensure that it meets the aspirations of the local community, sporting clubs and other key stakeholders. It showcases the unique environmental characteristics of the site, including a significant Box Gum tree.

The feedback from the public exhibition period has been considered and where deemed suitable included in the proposed final Manor Lakes North Reserve Master Plan.

 

Attachments

1.

Manor Lakes North Reserve Master Plan Report

 

  

Officers’ Declaration of Interests

Under Section 130 of the Local Government Act 2020, officers providing advice to Council must disclose any interests, including the type of interest.

 

Director City Life - Allison Kenwood

In providing this advice as the Director, I have no disclosable interests in this report.

 

Manager Sports & Recreation - Campbell Atkins

In providing this advice as the Manager, I have no disclosable interests in this report.

 

Recreation Strategy, Planning and Projects Lead - Eliel Sotero

In providing this advice as the Author, I have no disclosable interests in this report.

Key Issues

·    Delivery of active open space and sport and recreation infrastructure in line with the Wyndham Sports Strategy 2045.

·    Delivery of open space in line with the Wyndham Open Space Strategy 2045.

·    Delivery of facilities in growth areas of the municipality.

 

 

RECOMMENDATION

 

That Council adopt the Manor Lakes North Reserve Master Plan.

 

 

1.     Background

Manor Lakes North Reserve is located on Holyoake Parade in Manor Lakes. The site is an 8.13ha active open space (AOS) that will address the recreation needs of the growing residential community in the area. The reserve is bound by a grassland conservation reserve in the north, a creek in the east, Holyoake Parade in the south and is directly adjacent to a future government school and community facility.

The Wyndham Sports Strategy originally proposed two ovals on the site as indicated on the Manor Lakes PSP. However, further investigations and an arborist’s report found that an existing Box Gum tree located in the northern half of the reserve was significant and should be retained. The Master Plan has been developed to reflect the retention and protection of the significant tree. Due to the location of the Box Gum tree, the proposed northern oval could not be built at this location and will instead be constructed at the future Manor Lakes South Reserve. In lieu, six tennis courts have been moved from the future Manor Lakes South Reserve to Manor Lakes North Reserve and are included in the final Master Plan.

The final Master Plan is being presented for adoption following the public exhibition process, where feedback was sought from the broader Wyndham community.

2.     Relevant Law

Not applicable.

3.     Discussion

The public exhibition period took place between 3 March 2021 and 2 April 2021. A total of 1,395 people visited the project’s community engagement page on The Loop, with 97 community members providing feedback on the project. Eighty three percent (83%) of people supported or strongly supported the Master Plan, 12% remained neutral and 5% did not support the project. The community indicated that they liked the tennis courts, multi-use oval, cricket nets and BBQ/picnic areas the most. Most of the commentary revolved around supporting the plan and hoping for Council to deliver this much needed open space as soon as possible.

The following table outlines the key feedback received from stakeholders and community members during the public exhibition period, with Officer responses:

Feedback

Officer Response

Active Recreation – Badminton, Volleyball Skate & BMX

Feedback received during public exhibition indicated interest in Badminton, Volleyball, Skate and BMX activity. These elements have been integrated into the Master Plan and will be further investigated during detailed design.

Whilst indoor badminton will not be catered for at this reserve, a multi-use outdoor net court will be provided for the community to play outdoor badminton and volleyball. There may be an opportunity to access an indoor court within the future school gymnasium.

Public Toilets

The provision of public toilets was a common request during the consultation period. Public toilets are a standard provision and will be included as part of the pavilion building. Council will ensure that appropriate signage and wayfinding is in place to direct users to the public toilets.

 

Traffic – Reserve access point and car parking.

Concerns were raised by the local community, particularly residents living on Truffle Circuit, about the location originally proposed for the car park and its access point via the corner of Malt Drive and Truffle Circuit. A meeting was held on site with the community members to hear and understand their concerns.

As a result, an external traffic management review was undertaken which informed an alternative car park design with entry from Holyoake Parade. This alternative design has been proposed in the final Master Plan. This new design will reduce the traffic impact on Truffle Circuit, provide access off the main road and provide enough parking spaces within the reserve.

The concept design allows for emergency vehicle access off both Holyoake Parade and Malt Drive. The re-design required a slight modification to the location of the tennis courts and cricket nets, however will provide opportunity for more trees and vegetation to be planted in the reserve.

Recreation opportunities for older adults.

The following opportunities will be available for older adults upon implementation of the Master Plan;

·    Sealed walking paths that circle not just within the reserve but also on both sides of Lollipop Creek;

·    Seating dispersed along walking paths for rest (this is a known factor to encourage use of walking paths);

·    A dedicated area (not programmed for sport) that is well suited for quiet enjoyment of the natural environment including significant tree and creek;

·    Social gathering places (shelter, seating, BBQ’s);

·    Pavilion with social/community area that will be appropriate for targeted programming including chair exercises, body weight exercises, tai chi, yoga etc;

·    Two cushioned tennis courts (softer on knees and ankles than typical hard-court surfaces).

Community Gardens

Requests for a Community Garden were received but this amenity has not been included in the final Master Plan. The provision of appropriate spaces across Wyndham for this purpose will be addressed through separate strategic planning and policy specific to the provision of Community Gardens.

Aquatic facility in Manor Lakes

There was some community interest for Council to locate a swimming pool either at this reserve or within Manor Lakes. A swimming pool has not been included in the final Master Plan as this location does not align with Council’s current strategic direction informing the future provision of aquatic facilities in Wyndham.

 


 

The final Master Plan (see attached report) proposes the following facilities:

·    1x oval (165m x 135m) with a synthetic cricket wicket;

·    6x hard court acrylic tennis courts with lighting;

·    Cricket practice nets;

·    Pavilion – shared use;

·    Shared user pathways throughout;

·    Landscaping using native and indigenous species;

·    Family recreation and play spaces; and

·    Car park.

The reserve will be developed in line with the Sports Facility Capital Development Guide to the level suitable for hosting junior and senior levels of competition and training for local sporting associations, clubs and schools. It will cater for shared use of sports fields and co-locate a number of user groups.

The proposed activities and facilities will greatly enhance local access to high quality public open space in this area of the municipality.

4.     Wyndham 2040 Vision

·    People and Community:

The final Master Plan will enable Wyndham residents to have opportunities to stay fit and healthy. Facilities, programs and activities at the reserve will be accessible and delivered to a high standard.

·    Places and Spaces:

The final Master Plan will create a quality active open space reserve. The reserve will connect people with the outdoors and each other. The facilities and open space will be an inviting destination for the community to visit and enjoy.

·    Leadership and Participation:

Wyndham will have a variety of ways for community members to volunteer in support of others.

5.     City Plan

1.2.3  Council will enhance community health and wellbeing by making it easier for residents to participate in physical activities by building mainstream and accessible sporting infrastructure at the local level and providing a diversity of sporting opportunities through assisting minor and ‘hard-to-locate’ sports, as well as recreation and informal opportunities for physical activity.

1.2.4 Council will help to create a safer, more cohesive community by: effective planning, design and regulation of public spaces which encourage active transport and social inclusion opportunities; actively engaging with the community to improve perceptions of safety; and encouraging shared responsibility to prevent and address issues which impact on residents’ sense of safety and wellbeing.

2.2.4 Council will balance social sustainability with urban development by identifying and encouraging vital community infrastructure and services prior to land development; seeking opportunities to include health impact assessments for new developments; and continuing to create open and active outdoor /public spaces in both new and existing communities.

 

6.     Council Plan and Policies

· Wyndham Sports Strategy 2045

· Wyndham Open Space Strategy 2045

· Sports Facility Capital Development Guide (2020)

· Sports Facility User Guide (2020)

7.     Regional, State and national plans and Policies

· Active Victoria

· Manor Lakes Precinct Structure Plan and Development Contributions Plan

· Wyndham West Development Contributions Plan

8.     Financial Viability

The final Manor Lakes North Reserve Master Plan offers a high-level indicative costing for capital infrastructure investment, estimated at between $9.4M - $10.4M (allowing for ±5%). This range reflects the high-level nature of estimates at this early planning stage. Further cost planning will be undertaken during detailed design and will look to refine and rationalise costs. Value management and staging options will be considered during the detailed design phase as required.

Implementation of the Master Plan will be partly funded by:

·    Grants – Where possible, applications will be made to State Government Grants such as the Growing Suburbs Fund and Sport & Recreation Victoria infrastructure grants.

·    Development Contributions – Manor Lakes Development Contributions Plan and the Wyndham West Development Contributions Plan.

Council will also need to allocate provisions for maintenance and renewal over the asset’s lifespan.

9.     Sustainability Implications

Economic
The proposed development will provide economic benefit and support employment creation by:

·    Providing new infrastructure development and external investment from public sources (Council and potentially State and Federal government).

·    Increasing activation and visitation to community facilities in Manor Lakes. Competition played at the reserve will bring flow on economic activity to the local area.

·    Activity resulting from organised sport at the reserve will provide opportunities for coaching programs and health and wellness small businesses.

Social
The proposed development will deliver the following social impacts:

·    Locating multiple sports together which collectively offer diverse participation opportunities across sports, generations, gender, culture and ability.

·    Bringing multiple partners together to operate as a community-based hub of health, wellbeing and connection.

·    Establishing a gathering place for diverse community activities.

·    Promoting locally accessible and low/no cost physical activity and fitness opportunities through the provision of pedestrian circuit paths in the reserve and active recreation areas for social activity.

Environmental
The Master Plan proposes:

·    The retention of a significant Box Gum tree in the northern area of the reserve.

·    The use of native and indigenous plants suited to local conditions at the reserve.

·    A well-considered approach to stormwater drainage with localised retention prior to the point of discharge.

10.   Options

Not applicable.

11.   Community Engagement

Preliminary community consultation was undertaken between 7 - 28 August 2020 to inform the development of the draft Master Plan.

Public Exhibition was undertaken between 3 March – 2 April 2021 via Council’s engagement platform The Loop and social media platforms. The community was notified as per the key communication activities listed below.

·    Online public engagement platform used to provide information and receive feedback (The Loop);

·    Emails to existing mailing lists and past respondents and users of The Loop;

·    Manor Lakes Community Learning Centre newsletter;

·    External groups and agencies were contacted regarding the draft Master Plan seeking their further comments;

·    A meeting was held with Karen Community leaders to discuss the planning process and the draft Master Plan;

·    A key contact person was provided for community members to contact directly; and

·    A media release and social media promotion over the course of the public exhibition period.

The amount of traffic recorded on The Loop and number of respondents indicate a level of engagement from the community that is on par or higher than the typical level of feedback received for this type of project.

12.   Communication Strategy

The final Manor Lakes North Reserve Master Plan will be made available on Council’s external website (subject to adoption). Wyndham residents will be able to track the progress of the implementation of this Master Plan through the Capital Works Dashboard.

13.   Innovation and Continuous Improvement

Not applicable.

14.   Collaboration

The key collaboration opportunities will be through grant funding partnerships with State/Federal Government. Applications will be made as opportunities become available.  


 

ATTACHMENT No: 1 - Manor Lakes North Reserve Master Plan Report

 

Item No: 6.5.3

 


 


 

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Other Reports

 

Council Meeting

Tuesday, 28 September 2021

 

File No:  

 

 

Item No: 6.5.4

Director City Life - Allison Kenwood

 

 

 

Alfred Road Reserve Master Plan Adoption

 

Summary

The final Alfred Road Reserve Master Plan outlines a vision to establish a new reserve where local residents and visitors can participate in a diverse range of organised sport, active recreation and leisure activities. The Master Plan achieves this by creating a destination for community sport in the north of the site and providing amenity to encourage active and passive recreation pursuits in the south.

The Master Plan has been developed in line with current strategies, policies, agreements and consultation to guide the future development of Alfred Road Reserve. The feedback from the public exhibition period has been considered and where deemed suitable incorporated into the proposed final Alfred Road Reserve Master Plan.

 

Attachments

1.

Alfred Road Reserve - Master Plan Report

2.

Alfred Road Reserve - Public Exhibition Summary Report

 

  

 

Officers’ Declaration of Interests

Under Section 130 of the Local Government Act 2020, officers providing advice to Council must disclose any interests, including the type of interest.

 

Director City Life - Allison Kenwood

In providing this advice as the Director, I have no disclosable interests in this report.

 

Manager Sports & Recreation - Campbell Atkins

In providing this advice as the Manager, I have no disclosable interests in this report.

 

Recreation Strategy, Planning and Projects Lead - Eliel Sotero

In providing this advice as the Author, I have no disclosable interests in this report.

Key Issues

·    Delivery of active open space and sport and recreation infrastructure in line with the Wyndham Sports Strategy 2045.

·    Delivery of open space in line with the Wyndham Open Space Strategy 2045.

·    Delivery of facilities in the growth areas of the municipality.

 

RECOMMENDATION

 

That Council adopt the Alfred Road Reserve Master Plan

 

 

1.     Background

Alfred Road Reserve is approximately 21.0 hectares in area and is adjacent to existing and proposed residential housing in Riverwalk-Werribee Junction. Alfred Road Reserve is bounded by Galvin Road to the north, Browns Road to the west, Alfred Road to the south and Josephine Street to the east.

Council purchased this site in 2012-2013, as part of the Alfred Rd PSP and primarily for the purpose of reducing the shortfall of active open space in this area of Wyndham. The reserve was purchased with the understanding that there were existing stormwater flood management, transport, cultural heritage and flora/fauna considerations to be addressed. The planning undertaken to date has considered these issues and opportunities.

Site specific service planning was undertaken, guided by the Wyndham Sports Strategy and Active Wyndham Strategy. The service plan identified the opportunity for the development of key sporting activities; Cricket, Netball, Football (Soccer) and Australian Rules Football.

This development will also create an opportunity for three established community sporting clubs, Werribee Cricket Club, Werribee Junior Cricket Club and Werribee Masters Football Club, to relocate to Alfred Road Reserve and establish a new home base to continue to strengthen the experience they provide for their members and participants. Each Club has made a valuable contribution throughout the Master Plan development process.

The final Master Plan is being presented for adoption following the public exhibition process, where feedback was sought from the broader Wyndham community.

2.     Relevant Law

Not applicable

3.     Discussion

The draft Alfred Road Reserve Master Plan was released on public exhibition for a four week period spanning 28 April 2021 to 28 May 2021. There was a strong level of interest in the project, demonstrated through 4,031 people visiting the project page on The Loop (5,050 page views) and 129 contributors providing feedback on the project. There was strong support for the Master Plan, with 74% of contributions indicating strong support, 10% indicating a neutral view and 16% indicating opposition to the proposed Master Plan. Of those that opposed, the concerns cited related to the location of the reserve, prioritizing funding for the new road network and direct access to the Freeway, developing the Ison Road Bridge and the provision of new schools. A summary of the feedback received during the public exhibition period is included as an attachment to this Council Report.

 

The following table outlines a summary of the feedback received from stakeholders and community members during the public exhibition period, with Officer responses:

 

Feedback

Officer Response

Werribee Cricket Club and Werribee Junior Cricket Club relocation – additional junior sized ovals

A meeting was held with representatives from Werribee Cricket Club and Werribee Junior Cricket Club on 5 August to discuss the outcome of their formal submission to the public exhibition process. The meeting resulted in club representatives supporting the Final Master Plan and the additional provision of one junior oval. Club representatives will continue to be involved during the detailed design phase of the project.

The provision of the additional junior oval will allow for greater consolidation of Werribee Junior Cricket Club operations within Werribee rather than having to spread out across Truganina and Point Cook. This junior oval would be developed with a 40m boundary to a basic standard (Category C – Sports Facility Capital Development Guide) with a synthetic surface wicket and without a boundary fence.

Car Parking

Community contributors during public consultation provided feedback around the need for additional car parking at the reserve.

There are 178 car park spaces (including accessible spaces) shown in the Master Plan, plus an additional 60-80 overflow parking spaces at designated grass areas around the reserve. If further parking is required during major event times, further temporary overflow parking will be established on a case by case basis. There is on-street car parking available along the east side of the reserve (Josephine Street) and potential future on-street car parking on the west side of the reserve (Browns Road).

Tennis Courts

Community feedback during public consultation requested that tennis courts (outdoor and indoor) be included in the Master Plan. The nearest available existing tennis courts are at Chirnside Park where there are currently four courts, with no space for further expansion.

There is not enough space available at Alfred Road Reserve to build a facility of this size/type without detrimentally affecting the other sports being provided.
An opportunity exists to consider two publicly accessible tennis courts at the future Newmarket Road Reserve Active Open Space in the Riverwalk development. Further to this, a tennis facility will be considered north of the rail line in Wyndham Vale as part of a future development.

Basketball courts

Community feedback during public consultation requested that a full and/or half court be included in the Master Plan. A public access half court will be included as part of the active recreation area in the Final Master Plan. There is also an existing full court basketball court within Riverwalk. There may also be opportunities to provide basketball half courts in local parks as part of future developments in the local area.

Dog Park

Community feedback during public consultation requested that a fenced dog park be included in the Master Plan. Examples given were a facility like the one at Presidents Park. Wyndham City is currently undertaking strategic planning for new dog off lead areas across the municipality. As part of this planning it has been determined that Alfred Rd Reserve would not be a suitable site and that there are other sites within the immediate catchment that will be considered.

Shelters / seating around the sports grounds for spectators

Community feedback during public consultation commented that there should be plenty of shelters and seats around the sportsgrounds for spectators. There is shelter proposed at the spectator area south of the main pavilion and under the veranda of the main pavilion. Eight bench seats per oval are proposed in the Master Plan as per the Sports Facility Capital Development Guide.

Public toilets

Community feedback during public consultation commented that there needs to be public toilets provided in the reserve. In the Master Plan there are external facing public toilets proposed at both pavilion buildings.

Skate Park

Community feedback during public consultation commented that there should be a skate park provided at the reserve. Wyndham City’s Skate, BMX and Bike Strategy does not nominate Alfred Road Reserve as a site for a skate park. A skate facility is being provided as part of the Level Crossing Removal at Werribee Street adjacent to Wyndham Park. This facility will service the Riverwalk-Werribee Junction catchment.

Multi use main Pavilion – management and shared use

The Clubs requested further information and raised concerns around the future shared use of the pavilion. These issues will be further considered in consultation with the Clubs during the detailed design and activation planning stages of the Master Plan implementation.

 

The final Alfred Road Reserve Master Plan (see attached report) proposes the following facilities:

·    1 x oval (175m x 165m) with a turf wicket table for cricket use;

·    1 x oval (165m x 135m) with a turf wicket table for cricket and Australian Rules Football use. Provision of floodlighting (training standard) for football;

·    2 x rectangle fields for soccer overlaid with 1 x oval (130m x 120m) with a synthetic surface cricket wicket;

·    1 x oval (40m boundary) with a synthetic surface cricket wicket for junior cricket only;

·    6 x Netball Courts (+2 future provision), 4 with lighting. Provision for player benches and spectator shelters;

·    Cricket Practice nets - 8 x synthetic surface wickets (1 net will be available for public access casual use by members of the local community) and a turf wicket table for cricket practice;

·    Shared pavilion for use by cricket, netball and Australian Rules Football with associated car parking;

·    Indoor Cricket Facility (subject to grant funding from Sport & Recreation Victoria) and pavilion for shared use by cricket and soccer;

·    Circuit path (1.5km loop) with distance markers and fitness stations;

·    Play / Outdoor Activity / Picnic Area on residential side of reserve with 20 car spaces, and a small play space near the main pavilion;

·    Paths and feature paving, and landscaping using native and indigenous trees and plants; and

·    Wetland and environmental zone.

The reserve is to be developed in line with the Sports Facility Capital Development Guide to the level suitable for hosting junior and senior levels of competition and training for local sporting associations, clubs and schools. It will cater for shared use of sports fields and co-locate a number of user groups.

The proposed activities and facilities will greatly enhance local access to high quality public open space in this area of the municipality.

4.     Wyndham 2040 Vision

·    People and Community:

The final Master Plan will enable Wyndham residents to have opportunities to stay fit and healthy. Facilities, programs and activities at the reserve will be accessible and delivered to a high standard.

·    Places and Spaces:

The final Master Plan will create a quality active open space reserve. The reserve will connect people with the outdoors and each other. The facilities and open space will be an inviting destination for the community to visit and enjoy.

·    Leadership and Participation:

Wyndham will have a variety of ways for community members to volunteer in support of others.

5.     City Plan

1.2.3  Council will enhance community health and wellbeing by making it easier for residents to participate in physical activities by building mainstream and accessible sporting infrastructure at the local level and providing a diversity of sporting opportunities through assisting minor and ‘hard-to-locate’ sports, as well as recreation and informal opportunities for physical activity.

1.2.4 Council will help to create a safer, more cohesive community by: effective planning, design and regulation of public spaces which encourage active transport and social inclusion opportunities; actively engaging with the community to improve perceptions of safety; and encouraging shared responsibility to prevent and address issues which impact on residents’ sense of safety and wellbeing.

2.2.4 Council will balance social sustainability with urban development by identifying and encouraging vital community infrastructure and services prior to land development; seeking opportunities to include health impact assessments for new developments; and continuing to create open and active outdoor /public spaces in both new and existing communities.

6.     Council Plan and Policies

· Wyndham Sports Strategy 2045

· Wyndham Open Space Strategy 2045

· Sports Facility Capital Development Guide (2020)

· Sports Facility User Guide (2020)


 

7.     Regional, State and national plans and Policies

· Active Victoria

· Alfred Road Precinct Structure Plan

· Wyndham West Development Contributions Plan

8.     Financial Viability

The final Alfred Road Reserve Master Plan offers a high-level indicative costing for capital infrastructure investment, estimated by a Quantity Surveyor at between $24.98M - $27.61M, (allowing for ±5%). This range reflects the high-level nature of the estimates at this early planning stage. Further cost planning will be undertaken during detailed design and will look to refine and rationalise costs. Value management and staging options will be considered during the detailed design phase as required.

The estimated cost referenced above does not include items identified to be funded by others. This includes the Indoor Cricket Facility valued at approximately $1.5M (delivery subject to grant funding) as well as other items that are not standard policy provision to the value of $500k.

Implementation of the Master Plan will be partly funded by:

·    Grants – Where possible, applications will be made to State Government Grants such as the Growing Suburbs Fund and Sport & Recreation Victoria infrastructure grants.

·    Development Contributions

Council will also need to allocate provisions for maintenance and renewal over the asset’s lifespan.

9.     Sustainability Implications

Economic

The proposed development will provide economic benefit and support employment creation by:

·    Providing new infrastructure development and external investment from public sources (Council and potentially State and Federal government).

·    Increasing activation and visitation to community facilities in Manor Lakes. Competition played at the reserve will bring flow on economic activity to the local area.

·    Activity resulting from organised sport at the reserve will provide opportunities for coaching programs and health and wellness small businesses.

Social

The proposed development will deliver the following social impacts:

·    Locating multiple sports together which collectively offer diverse participation opportunities across sports, generations, gender, culture and ability.

·    Bringing multiple partners together to operate as a community-based hub of health, wellbeing and connection.

·    Establishing a gathering place for diverse community activities.

·    Promoting locally accessible and low/no cost physical activity and fitness opportunities through the provision of pedestrian circuit paths in the reserve and active recreation areas for social activity.


 

Environmental

Sustainable development of the reserve will include proposed multi-use, flexible and high capacity facilities designed under environmentally sustainable design principles and landscaping with native and indigenous plants suited to local conditions at the reserve.

The development will be treated to Best Practice Environmental Management with Water Sensitive Urban Design assets which support Integrated Water Management objectives in the region. The small number of impervious surfaces on site creates the opportunity for localised storm water retention prior to the point of discharge.

10.   Options

Not applicable

11.   Community Engagement

Community engagement and communication has been an ongoing part of the development of this Master Plan. The online platform ‘The Loop’ has been used extensively to engage and communicate information about this project to the community.

 

The community were informed about the opportunity to provide feedback during the public exhibition process via:

-      a media release

-      social media posts

-      ‘The Loop’ online platform

-      direct emails with stakeholders who had expressed interest in the project

-      direct contact with local sporting clubs (online survey direct emails, and phone conversation)

-      direct contact with local community organisations

-      direct contact with Peak Sport Agencies and State Government Departments,

-      discussion at the Sports Development Portfolio meeting

-      1,500 postcards delivered to local residents

-      1 drop in face to face session, held on 25 May 2021.

 

A summary of the feedback received during the public exhibition period is included as an attachment to this Council Report.

12.   Communication Strategy

The final Alfred Road Reserve Master Plan will be made available on Council’s external website (subject to adoption). Wyndham residents will be able to track the progress of the implementation of this Master Plan through the Capital Works Dashboard.

13.   Innovation and Continuous Improvement

Not applicable

14.   Collaboration

The key collaboration opportunities for this project relate to grant funding partnerships with State and/or Federal Government. An example of this is the pending Metropolitan Cricket Hub grant which is currently being considered by Sport & Recreation Victoria.  


 

ATTACHMENT No: 1 - Alfred Road Reserve - Master Plan Report

 

Item No: 6.5.4

 

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ATTACHMENT No: 2 - Alfred Road Reserve - Public Exhibition Summary Report

 

Item No: 6.5.4

 

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Other Reports

 

Council Meeting

Tuesday, 28 September 2021

 

File No:  

 

 

Item No: 6.5.5

Director City Life - Allison Kenwood

 

 

 

Jamieson Way Community Centre and Reserve Draft Master Plan

 

Summary

The purpose of this report is to seek Council approval for the Draft Jamieson Way Community Centre and Reserve Master Plan, to be released for public consultation for a period of 28 days.

The Draft Master Plan has been prepared to guide the future development of the Community Centre and Reserve. It will guide Council’s future investment in social and sporting infrastructure at the site to service the community.

The Draft Jamieson Way Community Centre and Reserve Master Plan is to be considered for public exhibition for a period of 28 days from 25 October to 21 November 2021.

 

Attachments

1.

Draft Jamieson Way Master Plan

 

  

 

Officers’ Declaration of Interests

Under Section 130 of the Local Government Act 2020, officers providing advice to Council must disclose any interests, including the type of interest.

 

Director City Life - Allison Kenwood

In providing this advice as the Director, I have no disclosable interests in this report.

 

Manager Service Planning, Partnering and Reform - Georgie Hill

In providing this advice as the Manager, I have no disclosable interests in this report.

 

Coordinator Social Infrastructure – Andrew Mitchell

In providing this advice as the Author, I have no disclosable interests in this report.

Key Issues

·    Improvement to the Jamieson Way Community Centre and Reserve that responds to changing community service needs of the local community.

·    Delivery of sport and recreation infrastructure

·    The additional of an indoor sports hall in response to a Council resolution on 24 August 2021.

·    Public exhibition period for 28-days from 25 October to 21 November 2021.

 

RECOMMENDATION

That Council endorse the Draft Jamieson Way Community Centre and Reserve Master Plan for the purpose of public exhibition for a period of 28 days from 25 October to 21 November 2021.

 

 

1.     Background

Jamieson Way Community Centre and Reserve is located at 59 Jamieson Way, Point Cook.  It is approximately 3.6 hectares in size and contains the Jamieson Way Community Centre and associated car park, four tennis courts, four netball courts, and an open space area. The community centre is managed by the Jamieson Way Community Centre Inc. Cheetham Creek is located to the south of the reserve and Carranballac College P-9 shares a boundary to the west.

The need for a master plan was first identified in the Wyndham Sport Strategy 2045 which flagged opportunities to consider the future of netball, tennis and croquet at the site. Given the previously identified demand for additional meeting space and kindergarten services in Point Cook, a holistic approach was taken that included the community centre and associated infrastructure.

Since 2006, when the reserve and community centre were built, the population profile and the community’s sporting and recreational needs have changed and will continue to do so over the next 10 years.

A draft master plan was presented at the Council Meeting on 24 August recommending the commencement of a 28-day public exhibition period. At this meeting, Cr McIntyre tabled an alternate motion (below) which was subsequently carried.

That Council:

1.   Request the CEO to prepare a revised Jamieson Way Community Centre and Reserve Draft Master Plan to include a compact sports venue which:

- can accommodate sports such as badminton, volleyball and table tennis

- can also be used as a multi-purpose facility for performing arts and dancing

2.   Receive the revised Jamieson Way Community Centre and Reserve Draft Masterplan and report at the next Council Meeting on 28 September 2021.


The revised Draft Jamieson Way Community Centre and Reserve Master Plan (attached) now proposes the following:

The Community Centre

·    The relocation and expansion of sports pavilion components

·    Adding a further (third) kindergarten room and expanding the associated outdoor play area

·    Reconfiguring the Maternal and Child Health rooms and general administration space

·    Improving internal circulation space and connection to the outdoors

·    Adding new flexible meeting spaces

·    Modifying the kitchen area; and

·    Renewing the remaining components of the building.

 

Compact Sports Venue and Outdoor Sports Courts

·    Adding an integrated sports pavilion and compact sports hall suitable for volleyball, table tennis, badminton, performing arts and dancing

·    Providing direct visual and physical connection to the community centre and easy access for players between the change facilities, indoor sports court and the outdoor courts; and

·    Adding two new netball courts and removing two tennis court

Reserve and Surrounds

·    Improve vehicle access, drop-off zone and circulation in existing western car park

·    Create new pedestrian paths and front forecourt and plaza at main entrance to community centre

·    Providing an additional ‘eastern’ car park to serve the indoor and outdoor sports courts and rear entrance to the community centre

·    Creating a new children’s playground to the west of the new sports pavilion

·    Providing an upgraded path network throughout the reserve; and

·    Additional planting and landscaping around the entire site

2.     Relevant Law

Not Applicable.

3.     Discussion

Compact Sports Venue

A compact sports venue for activities such as badminton, table tennis, volleyball, performing arts and dance has been included in the master plan consistent with Council’s resolution at the 24 August 2021 Council Meeting.

The sports venue has been located to the south of the main community centre building and is integrated with the sports pavilion. This has allowed some components to be shared between the external and internal sporting users, however, there is some duplication of amenities to allow for different cohorts of user groups at any one time.

The operating model of the integrated sports hall and pavilion has not been determined, however, flexibility in the design allows for multiple options which will be resolved during the early implementation phase of this project.

Proposed increase in kindergarten rooms

In 2022, the Victorian Government will begin the staged roll-out of free kindergarten for all three-year olds across Wyndham.  Point Cook is already an area with significant demand for kindergarten places and this is forecast to increase as three-year old kinder is introduced.  To accommodate this future demand for three and four year old kindergarten in Point Cook, a third kindergarten room is proposed to be added to the community centre and the kindergarten outdoor area expanded.

Tennis court provision

The provision of tennis is proposed to be revised on the site from four to two courts. This is in line with the Sports Strategy 2045 which recommends the redistribution of tennis infrastructure across Point Cook, as well as the expansion of netball at Jamison Way Reserve. 

This will also support the provision of a third kindergarten room in the community centre which has meant that additional, proximate car parking, is required on the north east corner of the site.

Revising the number of tennis courts at Jamieson Way Reserve will impact the operations of the tenant tennis club. Council will work with the Club on the best approach (remain at site, consider future relocation to alternative site etc) that meets the future aspirations of the Club whilst retaining a local tennis presence in the surrounding area.

 

Open space

The retention of open space (active and passive) at Jamieson Way Reserve has been paramount given the significant under provision of active open space in Point Cook.  In fact, Point Cook will require an additional 44.5ha of Active Open Space to meet Council’s benchmarks by 2045 and thus protecting existing active open spaces is an imperative.

Large flexible unprogrammed spaces are highly valued by the community and are scarce. It is noted that the inclusion of the sports venue does encroach on this open space however this is been limited as far as practicable.

Council’s ‘Active Wyndham Strategy’ identifies that almost 70% of Wyndham’s population participate in non-organised physical activity (non-competitive, generally walking, cycling, jogging or kick-to-kick) whilst only 26% participate in organised physical activity.

The master plan will improve the non-active open space to improve opportunities for casual participation and one-off programs and events.

Staged approach to development

It is proposed that a staged approached be taken to the implementation of the master plan. This will minimise disruption or the need to relocate kindergarten services while works are being undertaken.

The staging of works will be determined through the design phase, subject to the adoption of the final masterplan and approval for funding through the annual budget process.

4.     Wyndham 2040 Vision

·    People and Community:
The further development of sporting and community infrastructure at Jamieson Way Reserve will enhance opportunities for the community to meet, access services and encourage a healthy and active lifestyle.

5.     City Plan

1.2.3  Council will enhance community health and wellbeing by making it easier for residents to participate in physical activities by building mainstream and accessible sporting infrastructure at the local level and providing a diversity of sporting opportunities through assisting minor and ‘hard-to-locate’ sports, as well as recreation and informal opportunities for physical activity.

2.2.2  Council will build civic pride and social connection amongst residents and businesses through measured activation and regulations to create more appealing streetscapes, including improvements to signage, building fronts, and the natural

6.     Council Plan and Policies

·    Wyndham Open Space Strategy 2045 - The draft master plan is inconsistent with the Wyndham Open Space Strategy.

·    Wyndham Sport Strategy 2045 - The draft master plan is inconsistent with the Wyndham Sports Strategy.

·    Wyndham Learning Community Strategy 2018-2023

·    Wyndham Municipal Early Years Plan 2013-2017

7.     Regional, State and national plans and Policies

Not applicable.

8.     Financial Viability

The cost associated with the implementation of the master plan, as presented, is estimated to be $11M. Once a final master plan is endorsed, a detailed business case will be considered through Council’s annual capital works budgeting process.

Council has already received $1.5M through the Building Blocks Partnership Agreement from the State Government to increase the capacity to deliver the additional kindergarten room.  It is anticipated that Council may be able to attract up to $2M in grant funding through the Growing Suburbs Fund, subject to the fund continuing in subsequent years.  Government grants will be sought at the design phase of the project.

The change in scope has not be included in the Draft Long Term Financial Plan.  If adopted, the implementation of this project will be considered as part of the annual review of the Long Term Financial Plan and as part of annual budgeting processes.

9.     Sustainability Implications

Not applicable.

10.   Options

Not applicable.

11.   Community Engagement

Community engagement and input from user groups and stakeholders over several years has helped shape the draft Jamieson Way Community Centre and Reserve Master Plan.  This has included community ‘drop in’ sessions, stakeholder meetings, workshops.  These have been promoted through social media, flyers and Council’s ‘The Loop’ engagement platform.

It is now proposed that, that prior to finalising the Draft Jamieson Way Community Centre and Reserve Master Plan, it be placed on public exhibition for a four-week period. During the exhibition period, further discussions will be held with all key stakeholder groups, particularly in relation to the proposed addition of the compact sports venue.

12.   Communication Strategy

A public exhibition period will run from 25 October to 21 November 2021. A comprehensive communications and engagement plan is being prepared at the present time to ensure key stakeholders, reserve and centre users, and local residents have an opportunity to provide feedback on the draft Jamieson Way Community Centre & Reserve Master Plan.

13.   Innovation and Continuous Improvement

Not applicable.

14.   Collaboration

Not applicable.


 

ATTACHMENT No: 1 - Draft Jamieson Way Master Plan

 

Item No: 6.5.5

 

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Other Reports

 

Council Meeting

Tuesday, 28 September 2021

 

File No:  

 

 

Item No: 6.5.6

Chief Executive Officer - Stephen Wall

 

 

 

Proposal to enter into Leases with Powercor Australia Ltd

 

Summary

The purpose of this report is to update Council on the outcome of giving public notice of Council’s intention to enter into leases with Powercor Australia Ltd (Powercor); and to seek Council endorsement to enter into leases with Powercor to accommodate essential electricity supply infrastructure.

 

Attachments

Nil

  

 

Officers’ Declaration of Interests

Under Section 130 of the Local Government Act 2020, officers providing advice to Council must disclose any interests, including the type of interest.

 

Chief Executive Officer – Stephen Wall

In providing this advice as the CEO, I have no disclosable interests in this report.

 

Chief Financial Officer - Binda Gokhale

In providing this advice as the Chief Financial Officer, I have no disclosable interests in this report.

 

Coordinator Strategic Property Management - Michael Hutchison

In providing this advice as the Coordinator, I have no disclosable interests in this report.

 

Property Project Officer - Jaci Wagner

In providing this advice as the Author, I have no disclosable interests in this report.

Key Issues

·    The proposed leases will make available land for important electricity supply infrastructure, some of which connect important Council projects.

·    Public notification of intention to lease has been completed.

·    Council is now in a position to formally consider entering into the proposed leases with Powercor.

 

RECOMMENDATION

 

That Council:

1.      Grant to Powercor Australia Ltd (Powercor) a lease for:

(a)     part of the Council-owned land within Certificate of Title Volume 12190 Folio 009 at 19 Communal Road, Wyndham Vale for the term of thirty (30) years, with one (1) further term option of twenty (20) years term at the nominal rent of $0.10 cents per annum (payable on demand);

(b)     part of the Council-owned land within Certificate of Title Volume 10821 Folio 437 at 9 Edgevale Way, Tarneit for the term of thirty (30) years, with one (1) further term option of twenty (20) years term at the nominal rent of $0.10 cents per annum (payable on demand);

(c)     part of the Council-owned land within Certificate of Title Volume 11077 Folio 618 at 3 Alamanda Boulevard, Point Cook for the term of thirty (30) years, with one (1) further term option of twenty (20) years term at the nominal rent of $0.10 cents per annum (payable on demand);

(d)     part of the Council-owned land within Certificate of Title Volume 10859 Folio 732 at Penrose Promenade, Tarneit for the term of thirty (30) years, with one (1) further term option of twenty (20) years term at the nominal rent of $0.10 cents per annum (payable on demand);

(e)     part of the land currently within CA 2160 located at Woods/Alcock Road, Tarneit (site of the Truganina South East Masterplan Project) for the term of thirty (30) years, with one (1) further term option of twenty (20) years term at the nominal rent of $0.10 cents per annum (payable on demand);

2.      Authorises the Chief Executive Officer to execute the leases with Powercor and associated documents at the appropriate time.  

 

 

1.     Background

Council has received five (5) separate requests from Powercor to enter into leases over parcels of Council land for the purpose of installing substation kiosks and/or upgrade switching stations to provide efficient electricity supply to the local community and businesses.

Following a Council Briefing on 3 July 2021, and pursuant to section 115(4) of the Local Government Act 2020 and consistent with Council’s Community Engagement Policy, a Notice of Intention to Lease was advertised on the Wyndham City Council website on 19 July 2021 outlining the proposals, allowing 28 days for feedback. The feedback period closed at 5:00pm on 16 August 2021.

2.     Relevant Law

Pursuant to section 115(1) of the Local Government Act 2020 (the Act), a Council's power to lease any land to any person is limited to leases for a term of 50 years or less.

Pursuant to section 115 (4) of the Act, Council undertook a community engagement process in accordance with this section of the Act and consistent with Council’s Community Engagement Policy.

3.      Discussion

Lease Proposal 1: 19 Communal Rd, Wyndham Vale (Existing Kiosk Substation)

In July 2019, The Wunggurrwil Dhurrung Centre was completed. As part of this development Council required Powercor to install a kiosk sub-station in order to provide the necessary power to facilitate the opening of the centre.

Powercor installed a kiosk substation and have now requested to enter into a lease with Council for the parcel of land outlined in red in Figure 1. on which the kiosk substation resides. The proposed lease area is approximately 51.84m2 (7.2m2 x 7.2m2).

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Figure 1. Aerial image showing existing Kiosk Substation and proposed lease area at 19 Communal Rd, Wyndham Vale

 

 

Lease Proposal 2: 9 Edgevale Way, Tarneit (Installation and Upgrade of Switching Station)

In February 2021, Council received a request from Powercor to lease part of the Council land located at 9 Edgevale Way, Tarneit for the purpose of installing and upgrading the switching station by augmenting the existing kiosk substation located on Powercor’s land at 9A Edgevale Way, Tarneit. Powercor state that this to allow the network to remain suitable for the safe and efficient distribution of electricity to the local community and businesses. The switching station will also allow Powercor to better isolate faults and reduce the duration of unplanned outages.

 

The proposed lease area is approximately 41.17 m2 as shaded in yellow in Figure 2 below.

 

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Figure 2. Aerial image showing proposed installation and upgrade of Switching Station at 9 Edgevale Way, Tarneit.

 

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Figure 3. Plan showing proposed installation and upgrade of Switching Station at 9 Edgevale Way, Tarneit.

 

Lease Proposal 3: 3 Alamanda Boulevard, Point Cook (Installation and Upgrade of Switching Station)

In February 2021, Council received a request from Powercor to lease a part of Council land located at 3 Alamanda Boulevard, Point Cook for the purpose of installing and upgrading the switching station by augmenting the existing kiosk substation located on Powercor’s land at 5A Tahitian Terrace, Point Cook. Powercor state that this to allow the network to remain suitable for the safe and efficient distribution of electricity to the local community and businesses. The switching station will also allow Powercor to better isolate faults and reduce the duration of unplanned outages.

 

The proposed lease area is approximately 41.17 m2 as shaded in yellow in Figure 4 below.

 

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Figure 4. Aerial image showing proposed installation and upgrade of Switching Station at 3 Alamanda Boulevard, Point Cook.

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Figure 5. Plan showing proposed installation and upgrade of Switching Station at 3 Alamanda Boulevard, Point Cook.

 

 

Lease Proposal 4: Penrose Promenade, Tarneit (Installation and Upgrade of Switching Station)

In February 2021, Council received a request from Powercor to lease a part of Council land located at Penrose Promenade, Tarneit for the purpose of installing and upgrading the switching station to augment the existing kiosk substation located on Powercor’s land at 22 Clarafield Crescent, Tarneit. Powercor state that this to allow the network to remain suitable for the safe and efficient distribution of electricity to the local community and businesses. The switching station will also allow Powercor to better isolate faults and reduce the duration of unplanned outages.

 

The proposed lease area is approximately 22.98 m2 as shaded in yellow in Figure 6 below.

 

Figure 6. Aerial image showing proposed installation and upgrade of Switching Station at Penrose Promenade, Tarneit.

 

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Figure 7. Plan showing proposed installation and upgrade of Switching Station at Penrose Promenade, Tarneit.

Lease Proposal 5: Woods/Alcock Road Truganina – Truganina South East Integrated Family Centre and Sports Reserve (installation of a Kiosk Substation and Switch Board)

As part of the Truganina South East Masterplan Project and in order to provide the necessary electricity supply, Powercor require a lease from Council within Woods/Alcock Road, Truganina (being for Council’s new Truganina South Integrated Family Centre and Sports Reserve) to accommodate an electricity kiosk substation and switch board. The existing high voltage overhead cables also need to be relocated underground to enable construction of a sporting pavilion. As such, a high voltage switch board needs to be installed next to the kiosk substation.

 

The kiosk substation and switch board will be located within the discontinued section of government road formally known as Woods Road, Truganina. The proposed lease area is 51.84m2 (7.2m2 x 7.2m2) for the kiosk substation and 27.04 m2 (5.2m2 x 5.2m2) for the high voltage switch board as identified in red on the plan in Figure 8 below.

 

 

Figure 8. Aerial image showing proposed location of lease area for Kiosk Substation and Switch Board.

Figure 9. Context plan showing proposed location of lease area for Kiosk Substation and Switch Board in the future Truganina South East Masterplan Project

4.     Wyndham 2040 Vision

·    Earning and Learning:
Our city will offer varied and plentiful local employment options. It will be a place of choice for businesses of all sizes and have a thriving network of small business operators.

5.     City Plan

4.2.4  Council will lead Wyndham’s evolution in becoming a ‘Smart City’ by embracing new and emerging technology; working with expert partners; applying innovative ways of problem-solving; and adopting advances in technology to find more effective and efficient solutions.

6.     Council Plan and Policies

Not applicable

7.     Regional, State and national plans and Policies

Not applicable

8.     Financial Viability

Table 1 below provides an overview of the proposed leases. Powercor have a standard Lease template and are seeking to enter into leases for an initial term of thirty (30) years with a one (1) further term option of twenty (20) years at a nominal rent of $0.10 cents per annum payable on demand. The proposed lease terms are consistent with similar lease types with electricity distributors across the local government sector.


 

Table 1: Summary of proposed Leases from Council to Powercor

Tenant

Address

Term/Further Term Options(s).

Commencing Rent

Powercor Australia Ltd.

19 Communal Road, Wyndham Vale

30 years with a further term option of 20 years

$0.10 cents per annum payable on demand

Powercor Australia Ltd.

9 Edgevale Way, Tarneit

30 years with a further term option of 20 years

$0.10 cents per annum payable on demand

Powercor Australia Ltd.

3 Alamanda Boulevard, Point Cook

30 years with a further term option of 20 years

$0.10 cents per annum payable on demand

Powercor Australia Ltd.

Penrose Promenade, Point Cook

30 years with a further term option of 20 years

$0.10 cents per annum payable on demand

Powercor Australia Ltd.

Woods/Alcock Road, Truganina

30 years with a further term option of 20 years

$0.10 cents per annum payable on demand.

 

Value to community

Electricity is seen as an essential service as defined under the Essential Services Act and the proposed leases are for facilitating essential infrastructure to Council facilities as well as to local residents and businesses.

The proposed upgrades to the electricity infrastructure within the municipality are necessary to support growing needs. Powercor have highlighted that the electricity distribution regime in Victoria was designed by the state government so that electricity distributors are to place public infrastructure on public land where possible if that is the most efficient and cost-effective solution. This is because the regulated cost of electricity to consumers is determined in part by electricity distributors’ cost base. Therefore, electricity distributors are encouraged in legislation to place infrastructure on Council land, without payment, where possible.

9.     Sustainability Implications

Not applicable.

10.   Options

Option 1 – Proceed to lease

Proceed with the proposals to enter into leases with Powercor at the various sites. This will ensure reliable power supply to Council buildings, the local community and businesses.

 

Option 2 – Do not lease

Decide not to proceed with the proposals to enter into leases with Powercor at the various sites.

By not proceeding with the proposals to enter into leases with Powercor at the various sites the local community and nearby business may not have consistent or sufficient power supply in the future. Council will also need to request Powercor to remove the kiosk substation that is currently located at 19 Communal Road, Wyndham Vale, and request works for the installation of the kiosk substation to be ceased at Woods/Alcock Road, Truganina. This will affect Council’s ability to deliver its objectives and future services at these locations.

11.   Community Engagement

Pursuant to section 115(4) of the Local Government Act 2020 and consistent with Council’s Community Engagement Policy, a Notice of Intention to Lease was advertised on the Wyndham City Council website on 19 July 2021, outlining the proposals, allowing 28 days for feedback. The feedback period closed at 5:00pm on 16 August 2021. One email opposing the proposed lease terms was received on 17 August 2021 and responded to.

No further community engagement is required.

12.   Communication Strategy

Not applicable

13.   Innovation and Continuous Improvement

Not applicable

14.   Collaboration

Not applicable

 

 


Other Reports

 

Council Meeting

Tuesday, 28 September 2021

 

File No:  

 

 

Item No: 6.5.7

Chief Executive Officer - Stephen Wall

 

 

 

Internal Arbitration Decision

 

Summary

In May 2021 Cr Adele Hegedich initiated a Code of Conduct (the Code) process against Cr Peter Maynard alleging a breach of the Standards of Conduct outlined in the Councillor Code of Conduct. 

The matter progressed to an Internal Arbitration process as set out in Section 11 of the Local Government (Governance and Integrity) Regulations 2020 in August 2021.

On Wednesday 25 August 2021, the Arbiter released their decision, finding no breach had occurred. Under Section 147 (4) of the Local Government Act 2020, a copy of the arbiter's decision and statement of reasons must be tabled at the next Council meeting following receipt and recorded in the minutes of the meeting.

 

Attachments

1.

Internal Arbitration Report_Decision and Statement of reasons

 

  

 

Officers’ Declaration of Interests

Under Section 130 of the Local Government Act 2020, officers providing advice to Council must disclose any interests, including the type of interest.

 

Chief Executive Officer – Stephen Wall

In providing this advice as the CEO, I have no disclosable interests in this report.

 

Executive Manager Corporate Affairs - Fiona Hando

In providing this advice as the Manager, I have no disclosable interests in this report.

 

Governance Coordinator - Jenny Wood

In providing this advice as the Author, I have no disclosable interests in this report.

 

 

RECOMMENDATION

That in accordance with Section 147 (4) of the Local Government Act 2020, the arbiter’s  decision and statement of reasons on the matter of an application by Cr Adele Hegedich concerning Councillor Peter Maynard (Attachment 1) is tabled and recorded in the minutes of the meeting

 

1.     Background

Section 139 of the Local Government Act 2020 (Act) requires a council to develop and maintain a Councillor Code of Conduct which:

·    must include the Standards of Conduct prescribed by the Local Government (Governance and Integrity) Regulations 2020 (Regulations) expected to be observed by Councillors; and

·    must include any provisions prescribed by the Regulations; and

·    must include provisions addressing any matters prescribed by the

·    Regulations; and

·    may include any other matters which Council considers appropriate, other

·    than any other Standards of Conduct.

The Standards of Conduct with which Councillors are required to comply are specified in Schedule 1 to the Regulations.

Failure by a Councillor to comply with the Standards of Conduct constitutes misconduct under the Act, which may be pursued in accordance with the processes set out in this Code.

Council adopted its current Councillor Code of Conduct at the December 2020 Council Meeting.

Under the Code, a Councillor may make an application to the Principal Conduct Registrar, appointed by the State Government, to conduct an Internal Arbitration Process, as set out under Section 11 of the Local Government (Governance and Integrity) Regulations 2020, if the Councillor feels there has been a breach of the Standards of Conduct.

 Section 147 (4) of the Local Government Act 2020 outlines the requirement for a copy of the arbiter’s decision and statement of reasons to be tabled at the next Council Meeting after receipt.

2.     Relevant Law

Section 139 of the Local Government Act 2020 (Act) requires a council to develop and maintain a Councillor Code of Conduct.

Council adopted its current Councillor Code of Conduct at the December 2020 Council Meeting.

Section 11 of the Local Government (Governance and Integrity) Regulations 2020 sets out the process for Internal Arbitration.

Section 147 (4) of the Local Government Act 2020 outlines the requirement for a copy of the arbiter’s decision and statement of reasons to be tabled at the next Council Meeting after the Council receives the copy of the arbiter’s decision and statement of reasons.

3.     Discussion

Application and Process conducted

In May 2021 Cr Adele Hegedich initiated a Code of Conduct process against Cr Peter Maynard alleging a breach of the Standards of Conduct.

The matter progressed to internal arbitration as set out under Section 11 of the Local Government (Governance and Integrity) Regulations 2020, in August 2021.


 

A Directions Hearing was held via Microsoft Teams on Monday 5 July, 2021. In attendance were the arbiter, Council’s Councillor Conduct Officer and Cr Hegedich and Cr Maynard. The matter progressed to a Full Hearing to allow a member of the community to provide evidence via a sworn statement. The Full Hearing took place via Microsoft Teams on Monday 16 August, 2021

Findings

On Wednesday 25 August 2021, the Arbiter released their Finding. Under Section 147 (4) of the Local Government Act 2020, a copy of the arbiter's decision and statement of reasons must be tabled at the next Council meeting following receipt and recorded in the minutes of the meeting.

4.     City Plan

4.2.1  Council will strive to offer value to residents, businesses, and visitors through focusing on operational efficiency in response to changes in government legislation, while ensuring the community continues to enjoy access to high-quality services, amenities and infrastructure.

5.     Council Plan and Policies

The process followed in relation to this complaint is consistent with the requirements for Internal Arbitration as specified by Code of Conduct

6.     Financial Implications

Under Section 152 of the Local Government Act 2020, Council is required to pay the fees associated with Internal Arbitration. The Principal Councillor Conduct Registrar has set the arbiter fees at $954 a day. The total cost to Council for this process, including the fees of the independent arbiter and transcription service was approximately $2,100.


 

ATTACHMENT No: 1 - Internal Arbitration Report_Decision and Statement of reasons

 

Item No: 6.5.7

 

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Other Reports

 

Council Meeting

Tuesday, 28 September 2021

 

File No:  

 

 

Item No: 6.5.8

Director City Operations - Stephen Thorpe

 

 

 

Wyndham Refuse Disposal Facility Community Reference Group - 2021/22 Annual Membership Refresh 

 

Summary

This report outlines the process that was used to fill two vacant positions on the Wyndham Refuse Disposal Facility (RDF) Community Reference Group (CRG), as part of the 2021/22 annual membership refresh.

The RDF CRG is a forum for community engagement about the current and future operation of the RDF and council’s waste management services.

This report recommends the appointment of Joe Ferlazzo and Bianca Bragalenti be appointed as community members to the RDF CRG from 1 July 2021 to 30 June 2024.

 

Attachments

1.

CRG Terms of Reference

2.

CRG 2021/22 Expression of Interest List of Applicants

3.

CRG 2021/22 Membership Refresh - Evaluation Report - Confidential - printed in separate document

 

  

 

Officers’ Declaration of Interests

Under Section 130 of the Local Government Act 2020, officers providing advice to Council must disclose any interests, including the type of interest.

 

Director City Operations - Stephen Thorpe

In providing this advice as the Director, I have no disclosable interests in this report.

 

Acting Manager Waste Management & Disposal - Liza McColl

In providing this advice as the Manager, I have no disclosable interests in this report.

 

Environmental Systems Officer - Justin Rhodes

In providing this advice as the Author, I have no disclosable interests in this report.

Key Issues

·        The Council has a statutory obligation to have the CRG.

·        The EOI process has provided the community with an equitable opportunity to join the CRG. 

·        The recommended applicants scored highest.

 

 

RECOMMENDATION

 

That Council appoint Joe Ferlazzo and Bianca Bragalenti as community representatives on the Wyndham Refuse Disposal Facility Community Reference Group from 1 July 2021 to 30 June 2024.

 

1.     Background

 Council established the RDF CRG in December 2013 to provide a regular forum for community engagement around the current and future operation of the RDF.  The CRG satisfies the Council’s statutory obligation under the current planning permit for a consultative committee.

The CRG operates under the Terms of Reference (ToR), provided in Attachment 1.

There are currently nine community representative positions on the CRG: six Wyndham resident representatives, one environment group representative, one community group representative and one adjacent landowner/neighbour representative.  The membership term is three years, with a rotation of three positions being replaced each year to keep the membership fresh, retaining knowledge and introducing new ideas and perspectives.  The CRG meet every two months.

The CRG did not meet consistently in 2020 due to COVID.  The members on the CRG that were scheduled to complete their term on the 30 June 2021 had their memberships extended for another year, however there were two other mid-term resignations that needed to be filled.  The ToR states that an Expression of Interest process is to be used to fill the vacant positions.

2.     Relevant Law

It is a condition of the Planning Permit for the operation of the RDF that Council must convene a Consultative Committee to review complaints and generally assess compliance with the conditions of all approvals associated with the landfill operation, review environmental performance and encourage best practice techniques in the operation of the landfill, consider and recommend preventative mechanisms which may be required to minimise amenity impacts and provide comments on any plan for approval under the permit.  The condition states that the CRG can fulfill this role.

It is also a condition of the EPA Works Approval for the ongoing construction of landfill cells that Council must inform the community through the CRG or alternative engagement activities of the progress of cell or leachate pond construction and cell rehabilitation works on the site and show EPA how any issues or concerns raised have been considered.

3.     Discussion

Expressions of Interest (EOI) to fill the vacant positions were invited in June 2021. A total of 11 applications were received.  A list of applicants is provided in Attachment 2.

A selection panel comprising the two councillor appointed representatives on the CRG, the Independent chair of the CRG and the RDF Environmental Systems Officer was established to consider the EOI applications. 

The key selection criteria used to assess the applications were:

·    Personal and professional experience

·    Understanding of issues around the operation of the RDF

·    Connections to the community and communication skills

·    Understanding of the CRG role, values and principles and fit

·    Availability

Four applicants were short-listed for interview.  The selection panel interviewed each of the four short-listed applicants in early September 2021.

The selection panel recommends that the best way to refresh the membership of the CRG would be to appoint Joe Ferlazzo and Bianca Bragalenti.

Joe is passionate about the CRG and the future of the RDF. Joe has strong community connections through his long-term involvement in the Wyndham Repair Café and he is a long-term Wyndham resident. Joe is particularly interested in recycling, e-waste and community development. Bianca has a degree in political science and master’s in international development and currently works in the waste management industry where food waste is converted into fertilizers. Bianca is passionate about sustainable waste management, innovative solutions and the environment.

The recommended appointments are considered a good fit with the existing CRG membership.

4.     Wyndham 2040 Vision

·   People and Community:
The CRG provides an opportunity for Wyndham residents with a diverse range of views about the RDF to connect and listen and learn from each other.

·   Leadership and Participation:
The CRG provides an opportunity for community members to contribute their skills, knowledge and passion and have conversations about how the Council’s management of the RDF and waste contributes to the Wyndham 2040 vision. 

5.     City Plan

4.2.5  Council will actively engage the community in decision-making for how we will use resources and assets to implement the community vision of “Wyndham 2040” and support residents to understand and participate in Council decision making.

6.     Council Plan and Policies

The CRG provides ongoing opportunities for community engagement to inform decisions, build capacity and strengthen relationships, in accordance with the Wyndham Community Engagement Policy 2021-2025.

7.     Regional, State and national plans and Policies

Not applicable.

8.     Financial Viability

There are no financial implications.  Membership on the CRG is voluntary.

9.     Sustainability Implications

The operation of the RDF and council’s waste management services has a range of ongoing economic, social and environmental implications. The CRG provides an important mechanism for the community to be engaged in these issues.  There was a 50% increase in the number of applications received this year compared to previous years and this may indicate the community’s continuing and growing interest in waste management. 


 

10.   Options

1.   Agree with the selection panel’s recommendations.

2.   Not agree with the selection panel’s recommendation.   The evaluation panel will be provided with this feedback and asked to review their recommendation.  This may result in the need to conduct an additional expression of interest process and/or interviews

11.   Community Engagement

The EOI process provides and equitable opportunity for community members to participate in the CRG.  Unsuccessful applicants will be given the opportunity to be advised directly of the next EOI process so that they can reapply if they wish.  Minutes of CRG meetings and information about the CRG is published on the Council website.

12.   Communication Strategy

Successful and unsuccessful applicants will be advised of the outcome of the expression of interest process by telephone and in writing. New members of the group will be provided a welcome pack containing a range of relevant document for background reading prior to their attendance at the first CRG meeting in October 2021. 

13.   Innovation and Continuous Improvement

The CRG and having ongoing dialogue with members of the community provides an opportunity for innovation and continuous improvement initiatives at the RDF. 

14.   Collaboration

The CRG membership includes a representative from the Metropolitan Regional Waste and Resource Recovery Group (MWRRG), the Victorian state government statutory body responsible for coordinating and facilitating the delivery of waste management and resource recovery across metropolitan Melbourne.  The MWRRG representative regularly attends the CRG meetings.

 

 


 

ATTACHMENT No: 1 - CRG Terms of Reference

 

Item No: 6.5.8

 

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ATTACHMENT No: 2 - CRG 2021/22 Expression of Interest List of Applicants

 

Item No: 6.5.8

 

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Council Seal

 

Council Meeting

Tuesday, 28 September 2021

 

File No:  

 

 

Item No: 8.1

Chief Executive Officer - Stephen Wall

 

 

 

Post-election review of Council's Instruments of Delegation

 

Summary

The Local Government Act 2020 requires Council to review all delegations made under the Local Government Act 2020 within 12 months of an election.  There are three Instruments that Council is required to review to comply with the Local Government Act 2020:

·    Instrument of Delegation from Council to the CEO (CEO’s Instrument);

·    Instrument of Delegation from Council to the Planning Committee (Planning Committee Instrument); and

·    Instrument from Council to the LeadWest Committee (LeadWest Committee Instrument).

A review of the Instrument of Delegation from Council to Staff (Staff Instrument) is required following recent legislative and organisational changes.

Following delegation by the Environment Protection Authority (EPA) of specific powers to Council from 1 July 2021, Council is required to adopt an Instrument of Sub-Delegation under the Environment Protection Act 2017 (EPA Instrument).

 

Attachments

1.

Instrument of Delegation from Council to CEO - printed in separate document

2.

Instrument of Delegation from Council to Staff - printed in separate document

3.

Instrument of Delegation from Council to LeadWest Committee - printed in separate document

4.

Instrument of Delegation from Council to Planning Committee - printed in separate document

5.

Instrument of Sub-Delegation under the Environment Protection Act 2017 - printed in separate document

 

  

Officers’ Declaration of Interests

Under Section 130 of the Local Government Act 2020, officers providing advice to Council must disclose any interests, including the type of interest.

 

Chief Executive Officer - Stephen Wall

In providing this advice as the CEO, I have no disclosable interests in this report.

 

Chief Legal Counsel - Rachel Kenyon

In providing this advice as the Manager, I have no disclosable interests in this report.

 

Legal Counsel - Bethany Wallace

In providing this advice as the Author, I have no disclosable interests in this report.

Key Issues

·        Review of the CEO’s Instrument, Planning Committee Instrument and LeadWest Committee Instrument, as required under section 11(7) of the Local Government Act 2020.

·        Adoption of the amended CEO’s Instrument and adoption of the Planning Committee Instrument and LeadWest Committee Instrument.

·        Adoption of the EPA Instrument.

·        Adoption of the amended Staff Instrument.

 

RECOMMENDATION

That Council:

1.      Revokes the following Instruments:

(a)     the Instrument of Delegation from Council to the CEO adopted on 18 August 2020; and

(b)     the Instrument of Delegation from Council to Staff adopted on 29 June 2021.

2.      Adopt the following Instruments as amended:

(a)     the attached Instrument of Delegation from Council to the CEO; and

(b)     the attached Instrument of Delegation from Council to Staff.

3.      Adopt the following new Instrument:

(a)     the attached Instrument of Sub-Delegation under the Environment Protection Act 2017.

4.      Revoke and adopt the following unamended Instruments:

(a)     the attached Instrument of Delegation from Council to the Planning Committee; and

(b)     the attached Instrument of Delegation from Council to the LeadWest Committee.

5.      Authorises the affixing of the common seal of Council to the adopted Instruments and declares that they come into force with immediate effect.

 

 

1.     Background

Section 11(7) of the Local Government Act 2020 requires Council to review specific Instruments of Delegation within 12 months of an election.  The deadline for completion of the review is 23 October 2021.

Following recent legislative and organisational changes, changes to the Staff Instrument are recommended, which are outside of the scope of the section 11(7) review.

On 4 June 2021, the EPA delegated specified powers and functions under the Environment Protection Act 2017 to Council.  Council is required to adopt a new Instrument in order to sub-delegate these powers and functions to Environmental Health and City Amenity officers.

2.     Relevant Law

The requirement for the post-election review arises under section 11(7) of the Local Government Act 2020.

3.     Discussion

3.1.      Review of Council’s Instruments

There are three Instruments that must be reviewed in accordance with section 11(7) of the Local Government Act 2020:

(a)     the CEO’s Instrument;

(b)     the Planning Committee Instrument; and

(c)     the LeadWest Committee Instrument.

 

(a)  CEO’s Instrument

This Instrument delegates all powers, duties and functions from Council to the CEO, other than the prescribed exceptions under the Local Government Act 2020.

The CEO’s Instrument restricts the CEO from:

“entering into a contract or making any expenditure that exceeds the value of $1,000,000 (GST incl.)”

The limit of the CEO’s financial delegation has not been increased since at least 2013.  It is recommended that the limit of the financial delegation be increased to $2,500,000.  This increase to the limit of the delegation more accurately reflects the scale of Wyndham’s procurement activities and will also facilitate a more efficient delivery of the capital works budget.

It is further recommended that the CEO’s financial delegation is amended so that it is GST ‘exclusive’ and not ‘inclusive’, to align with the way that the Oracle system operates.

 

(b) Planning Committee Instrument and LeadWest Committee Instrument

Although these Instruments were only recently adopted by Council post-election, as they are delegations to members of delegated committees, both Instruments are caught by section 11(7) of the Local Government Act 2020 and must be reviewed.  There are no recommended changes to either of these Instruments.

3.2.      Updates to the Staff Instrument

This Instrument delegates the powers, duties and functions under various pieces of legislation that are not capable of being sub-delegated by the CEO and must be delegated by Council direct to staff.

Although the Staff Instrument is not caught by section 11(7) of the Local Government Act 2020 and does not need to be reviewed, as a result of recent organisational and legislative changes, there are some recommended changes as follows:

·    Removal of the delegations under the Environment Protection Act 1970 as this Act is no longer in force;

·    Individual identification of all powers, duties and functions under sections 36A-40C(2) of the Food Act 1984, rather than including them as one power under Part VI of that Act;

·    Addition of a new power under section 40F of the Food Act 1984 following a recent amendment to that Act;

·    Removal of the power to enter into environmental upgrade agreements under section 181H of the Local Government Act 1989, as this power can now be sub-delegated by the CEO to a member of staff;

·    Minor administrative changes to the wording of the delegations under the Planning and Environment Act 1987, Residential Tenancies Act 1997 and Road Management Act 2004 to reflect legislative changes;

·    Addition of new delegations under the Residential Tenancies Regulations 2021 which are now in force;

·    Update references to ‘Municipal Emergency Recovery Officer’ to ‘Municipal Emergency Management Officer’, following a change to position title; and

·    Removal of the unnecessary administrative delegation for specific Council officers to affix Council’s common seal (as authorised by resolution), as how the common seal and authorisation of its use is now set out in Council’s Governance Local Law 2020.

 

3.3.      Adoption of the EPA Instrument

Under section 437 of the Environment Protection Act 2017, on 4 June 2021 the EPA delegated to Council a number of powers and functions relating to the regulation of:

(a)  on-site water waste management systems with a design or actual flow rate of sewage not exceeding 5,000 litres on any day; and

(b)  noise from construction, demolition and removal of residential premises.

Council is required to adopt this Instrument to enable Council to sub-delegate the powers and functions to Environmental Health and City Amenity officers, to exercise on behalf of the EPA.

4.     City Plan

4.2.1  Council will strive to offer value to residents, businesses, and visitors through focusing on operational efficiency in response to changes in government legislation, while ensuring the community continues to enjoy access to high-quality services, amenities and infrastructure.

5.     Council Plan and Policies

Not applicable.

6.     Regional, State and national plans and Policies

Not applicable.

7.     Financial Viability

Not applicable.

8.     Sustainability Implications

Not applicable.

9.     Options

Council may determine to increase the CEO’s financial delegation by a lesser amount, or not at all.  Council may determine that the CEO’s financial delegation remain GST inclusive.

10.   Community Engagement

Not applicable.

11.   Communication Strategy

Relevant Council officers have been consulted in relation to the recommended changes to the CEO’s Instrument and Staff Instrument.  Following adoption, the new Instruments will be made available to staff via the intranet.

12.   Innovation and Continuous Improvement

Not applicable.

13.   Collaboration

Not applicable.


Council Seal

 

Council Meeting

Tuesday, 28 September 2021

 

File No: N400081

 

 

Item No: 8.2

Chief Executive Officer - Stephen Wall

 

 

 

Awarding of Contract - N400081 - Bensonhurst and Brookdale Road Reserves - Civil Landscape Construction

 

Summary

This report recommends the awarding of contract N400081 Bensonhurst and Brookdale Road Reserve Civil and Landscape Construction.

The project involves earth works, automated irrigation systems utilising Class A recycled water, fencing, the construction of sports fields with warm season turf varieties, LED sportsground lighting and hard and soft landscaping to both reserves. The sports fields at Bensonhurst Reserve accommodates 1 senior cricket oval and 4 soccer fields with additional works including the construction of tennis and a multi courts. The sports fields at Brookdale Reserve accommodate specialist baseball infrastructure with additional works including a car park and play space.

Attachments

Nil

  

 

Officers’ Declaration of Interests

Under Section 130 of the Local Government Act 2020, officers providing advice to Council must disclose any interests, including the type of interest.

 

Chief Executive Officer – Stephen Wall

In providing this advice as the CEO, I have no disclosable interests in this report.

 

Manager Climate Futures Office - Peter McKinnon

In providing this advice as the Manager, I have no disclosable interests in this report.

 

Capital Works Project Officer - Nick Dodd

In providing this advice as the Author, I have no disclosable interests in this report.

Key Issues

·    Conformance with tender requirements;

·    Provision of best value for money; and

·    Ability to deliver project in specific timeframe.

 

RECOMMENDATION

That Council:

1.      Award contract N400081 Bensonhurst and Brookdale Road Reserve Civil and Landscape Construction to Joslyn Group PTY LTD ACN167 480 748 for the sum of $14,998,082.00 (GST inclusive).

2.      Authorise the Manager Climate Futures to approve contract variations and contingencies to contract N400081 Bensonhurst and Brookdale Road Reserve.

3.      Sign and seal the contract.

4.      Advise all tenderers accordingly.

 

1.     Background

Tenders were invited via a publicly defensibly process via the Wyndham City Supplier Portal on 19 June 2021 and closed on 4 August 2021Eight (8) conforming tender submissions were received.  The tender submission pricing ranged from between $13,105,620.00 to $16,520,421.84 EX GST.

The Council Tender Evaluation Panel (TEP) elected during the tender period to issue an extension of time of one (1) week due to the current State of Emergency Declaration due to the extended lockdown.

A detailed tender framework was provided to respondents giving tenderers the option of tendering for either site or both reserves under the one contract. The TEP post consensus evaluation meetings determined the best value for Council was to award both reserves to a single entity under a head contractor agreement.

Each tender submission was checked for arithmetical correctness, exclusions, inclusions, commercial departures to contract along with omissions/qualifications. 

2.     Discussion

Tender Evaluation

The voting members of the evaluation panel are:

Capital Works Project Officer X 2;

Recreation Strategy, Planning and Projects Lead; and

Sport & Recreation Project Officer.

Category Management Partner (Non-Voting).

The evaluation panel included guidance and oversight from the procurement, Category Management Partner, to ensure best value for money is achieved, whilst ensuring both probity and best practise in procurement was achieved, in accordance with the Local Government Act 2021 (Vic), Wyndham City Council procurement policy and guidelines (2019).

The members of the evaluation panel do not have any pecuniary, direct or indirect interest in this contract and executed Conflict of Interest declarations at the 3 key stages of the evaluation process.

Tenders were evaluation in accordance with the Tender Evaluation and Probity plan and Part 1 General Conditions of Tender using the following quantitative and qualitative criteria and weightings:

 

Weighting

A.   Qualitative Assessment

 

Demonstrated ability to meet Council’s objectives through a substantively conforming tender.

Pass/Fail

Financial Capacity

Pass/Fail

Historical Performance

A minimum of three past projects - which are of comparable scope, scale and complexity, with detailed information of the tenderers level of involvement (lead or head contractor),

15%

Resources and Capacity

Project personnel proposed and their competencies

including the percentage (%) of time and days allocated to the project.

Respondents are to illustrate the experience of the proposed key personnel, and sub contractors and detail examples of previous working relationship together on past projects.

15%

Methodology and Capability

Respondents to outline their methodology, systems and timelines to meet Council’s project timeframes.

Respondents to provide a detailed a methodology that addresses the specifics and encumbrances of each site and proposed works.

20%

Social and Economic Inclusion

Creating the conditions for socially and economically strong communities is at the core of Local Government’s mandate. Respondents are to demonstrate how they will support, enhance and deliver social outcomes for the City of Wyndham for this tender.

5%

Environmental Management System (EMS)

Respondents to detail their systems to demonstrate their understanding of applying Council’s Environmentally Sustainable Design Framework to this project.

Initiatives delivered around recycling / repurposing, new environmentally sustainable materials and technologies.

5%

Occupational Health and Safety Management System (OHSMS)

Respondents to detail their systems / procedures, in compliance with ISO and statutory laws in Victoria.

5%

Quality Management System (QMS)

Respondents to detail their management system in place for the effective and efficient documentation management required for this contract, demonstrating ISO conformance. 

5%

(Quality units) Total

70%

B.   Quantitative Assessment

 

Price ‘Value for Money’

Respondents to note “Value for Money” is based on best price and a competitive schedule of rates.

 

30%

 

Conformance analysis was completed by the Procurement Team on close of the tender at 12:00noon 4 August 2021. Qualitative submissions were then released to the Tender Evaluation Panel (TEP) and for analysis and review.

The Tender Evaluation Panel (TEP) reviewed each submission to identify key experience, resourcing and methods used to deliver the Project as outlined in the RFT including the supporting SME analysis. The TEP reviewed and scored all 8 tenders individually and provided individual results to procurement prior to meeting.

The TEP met to establish and agree on the consensus scoring for all tenders. 

Bid Clarification questions were issued to required tenderers to confirm pricing validity as set down in RFT Part 1. Shortlisted tenderers confirmed their pricing was valid for 120 days.

The TEP conducted a clarifications consensus meeting to finalise qualitative scores for each submission.

The TEP reached a consensus of shortlisting 3 tenderers based on both the qualitative and quantitative scores and their response to bid clarification questions. The TEP opted to interview 3 of the 8 tenderers.

 

Tender Interview

Shortlisted tender interviews were conducted on 14 June 2021, each shortlisted entity presented their tender submission and 45 questions were posed by the Tender Evaluation panel during the interviews. Following the Shortlist Interviews and further internal consensus meetings the Tender Evaluation Panel elected to progress with conducting referee checks of the preferred.

The highest ranked tenderer the Joslyn Group PTY LTD confirmed the following during a second phase clarification / negotiation process:

a)   The tendered lump sum.

b)   Mobilisation to site within 4 weeks from award of the contract subject to the completion of all mandated pre-commencement document;

c)   Suitably qualified and experienced resources were available to satisfactorily undertake this contract.

d)   That the 52-week construction program period was adequate and in accordance with Council timeframe, and still able to be met given the current construction pilot light conditions in place under the Stage of Emergency Declaration in place;

e)   Confirmation of no supply chain issues for the duration of contract;  

f)    Certified and Accredited Quality Management, Environmental Management and Occupation Health and Safety systems.

 

Referee Checks

The evaluation panel chair conducted referee checks of the preferred tenderer post shortlist interview. Each referee confirmed the preferred tenderer had completed jobs of similar size, scope complexity and dollar value, with zero OH & S issues and delivered on time and budget to the satisfaction of client. No concerns were raised by each of the referees regarding the preferred tenderers ability to deliver these works to a high standard meeting the Community and Council expectations.

 

Financial Assessment

A financial assessment was undertaken by Creditor Watch and returned a satisfactory result.

CreditorWatch report summary – for Joclyn Group PTY LTD 

·    No Court Actions | No Registered Trade Defaults

·    Noted as being C1 – Risk level: Neutral Risk

·    Registered for GST

·    Jocelyn Group Pty Ltd Category classification is: - ANZSIC Classification

Professional, Scientific and Technical Services

Professional, Scientific and Technical Services (Except Computer System Design and

Related Services)/ Management and Related Consulting Services / Management Advice and Related Consulting Services

·    ABN | A.C.N match & Business detail match with original tender submission company details submitted in Schedule 1.

·    Probability of Default Entity has a 3.00% chance of failure within the next 12 months. All suppliers in this category are typically running at this level concurrently due to the effects of the Pandemic; which poses no direct risk to council;

·    Overall Credit Score is 576 out of 850 for this industry category – seeing a reasonable acceptable credit worthiness;

·    Rated B = Low repayment risk. Payment behaviour is better than the national average.

 

Experience

Joslyn Group PTY LTD has satisfactorily completed a number of projects of a similar nature and complexity including Hillview Reserve for the City of Whittlesea, Aspendale Gardens Sports Ground for the City of Kingston and Melbourne City Soccer Training Facility for the City of Casey.

3.     City Plan

[2.2.4  Council will balance social sustainability with urban development by identifying and encouraging vital community infrastructure and services prior to land development; seeking opportunities to include health impact assessments for new developments; and continuing to create open and active outdoor /public spaces in both new and existing communities.

4.     Council Policy

Council policy on tendering as applicable to this contract has been complied with.

5.     Financial Information

The project for Bensonhurst and Brookdale Road Reserve Civil and Landscape Construction has been incorporated into the Integrated Plan and Budget for 2021-22 Financial Year as approved and adopted by Council on 29 June 2021.

6.     Social Implications

The awarding of N400081 Bensonhurst and Brookdale Road Reserve Civil and Landscape Construction will allow Council to provide aesthetically pleasing, functional, state of art facilities within the public realm that builds upon local pride for the region and local community. These facilities and associated infrastructure will encourage engagement to build social inclusion, active open spaces that address the expectations of the community given the comprehensive Master Planning community consultation process undertaken in 2019 -2020.

7.     Environmental Implications

The endorsed design and proposed construction methodologies where possible will ensure environmental sustainability is achieved at each reserve.

·        Hard surface areas are to be connected to Water Sensitive Urban Design (WSUD) stormwater treatments wherever feasible to do so. 

·       Landscaping has been designed to reduce the impact of an urban heat island effect.

·       Water management and sensitivity is to be employed where suitable on site.

·      Use of recycled water for irrigation purposes at both sites is to be employed.

·      Installation of warm season turf varieties on playing fields and surrounds to reduce water consumption.

8.     Economic/Employment Considerations

·    Deliver facilities with long term feasibility and viability for all patrons, visitors and the wider community.

·    Incorporate best value initiatives that will optimise use of the precinct services and facilities at the site.

·    Optimise the funding and allocated capital expenditure to deliver engaging, recreational areas which not only enhance the beauty and environmental quality of neighbourhoods but will deliver multiple sporting functional activity needs. 

·    Contribute to the future economic development of the local area and the region.

·    Where possible, the head contractor has confirmed their commitment to the use of local trades and suppliers including delivering some key social and economic initiatives.

9.     Options

Council does not have the resources and/or expertise in house to perform the tasks required under this contract.  The tender evaluation panel considers that the tender process used in the procurement of this contract and the tender evaluation process used to evaluate the tenders received has resulted in a best value outcome for Council meeting a strong bottom line approach.

10.   Community Consultation

Community consultation was undertaken when developing the Master Plans for both reserves utilising councils Loop communication web platform along with many other community engagement activities undertaken to see strong reach and consultation across the diverse community of Point Cook. Council fully understands the needs, functions and activities the community expected from these marquee open space sites. Further consultation will be deployed to neighboring properties prior and throughout the construction phase at each reserve.

11.   Communication Strategy

Council’s decision in relation to the award of this tender will be conveyed to all tenderers. 

12.   Project Timeframe

Date of award of contract......................... September 2021

Contract start date................................... October 2021

Works completion date............................ October 2022

Defects liability period ……………………12 months

Contract end date ................................... October 2023

 


Council Seal

 

Council Meeting

Tuesday, 28 September 2021

 

File No:  

 

 

Item No: 8.3

Chief Executive Officer - Stephen Wall

 

 

 

Awarding of Contract - N400110 - Arndell Park Stormwater Harvesting System

 

Summary

This report recommends the awarding of a contract to the successful tenderer/s for N400110 – Arndell Park Stormwater Harvesting System.

 

The project involves the construction of a 22 megaliter stormwater harvesting and irrigation reuse system and forms stage one of the Greening the Pipeline Zone 5 masterplan works.

 

Attachments

Nil

  

 

Officers’ Declaration of Interests

Under Section 130 of the Local Government Act 2020, officers providing advice to Council must disclose any interests, including the type of interest.

 

Chief Executive Officer - Stephen Wall

In providing this advice as the CEO, I have no disclosable interests in this report.

 

Manager Climate Futures Office - Peter McKinnon

In providing this advice as the Manager, I have no disclosable interests in this report.

 

A/Coordinator Coast & Water - Peter Grogan

In providing this advice as the Coordinator, I have no disclosable interests in this report.

 

Coordinator Greening the Pipeline - Emma Pryse

In providing this advice as the Author, I have no disclosable interests in this report.

Key Issues

·        Conformance with tender requirements

·        Provision of best value for money

·        Previous experience in similar projects

 

 

RECOMMENDATION

That Council:

1.      Award contract N400110. Arndell Park Stormwater Harvesting System to G&S Fortunato Group Pty Ltd ACN 102 562 685 for the sum of $1,766,729.25 (GST inclusive).

2.      Authorise the Manager Climate Futures to approve contract variations and contingencies to contract N400110 – Arndell Park Stormwater Harvesting System.

3.      Sign and seal the contract.

4.      Advise all tenderers accordingly.

 

 

1.     Background

Tenders were invited on Saturday 26 June 2021 and closed on Wednesday 28 July 2021.

Five (5) conforming tenders were received and are listed below.  The tender submission price range is between $1,766,729.25 and $4,391,452.35.

The tenders were checked for arithmetical correctness and for omissions/qualifications. 

2.     Discussion

Tender Evaluation

The members of the evaluation panel are:

Emma Pryse, Coordinator Greening the Pipeline

Peter Grogan, Coordinator Coast and Water

Russell Kirby, Senior Stormwater Engineer

Damien D’Aspromonte, Foresight Advisory, External Technical Advisor

The members of the evaluation panel do not have any pecuniary interest in this contract and Conflict of Interest forms (Stages 1-3) were executed by the tender evaluation panel in accordance with the governance and procurement policy during the respective evaluation phases.

Tenders were rated using the following criteria and weightings:

 

Weighting

A.   Qualitative Assessment

 

Financial capability

Pass/Fail

OH&S system

Pass/Fail

Tender compliance

Pass/Fail

Tender conformity

Pass/Fail

Historical performance:

Successful delivery of similar like scale Design, Construct and Install projects, works or services

undertaken in the last three (3) years. Submit case studies &

project implementation methodologies adopted for key projects

20%

Suitable Personnel (Experience and Technical Expertise), including

Subcontractors / Subconsultants (Experience and Technical

Expertise)

20%

Capability (including appropriate resourcing – personnel and equipment)

10%

OH&S

5%

Quality Management System (QMS)

5%

Environmental Management System (EMS)

5%

Social and Economic Inclusion

5%

B.   Quantitative Assessment

 

Price

30%

 

The tender submitted by G&S Fortunato Group Pty Ltd is the preferred tenderer as it has the highest ranking of all submitted tenders against the selection criteria.

 

Tender Interview

Tender interviews were conducted on 24 August and the highest ranked tenderer G&S Fortunato Group Pty Ltd advised the following:

a)   The tendered lump sum is confirmed.

b)   G&S Fortunato Group Pty Ltd can commence works in 2 weeks from award of the contract.

c)   Adequate resources will be available to satisfactorily undertake this contract.

d)   The 20 week construction period is adequate.

 

Financial Assessment

A financial assessment was undertaken via Creditor Watch along with an ASIC check and returned an acceptable and satisfactory result.

 

Experience

G&S Fortunato Group Pty Ltd has satisfactorily completed a number of projects of a similar nature and complexity including Melbourne Market stormwater harvesting scheme for the City of Whittlesea ($2.8M), Melbourne Airport Road, Drainage and Sewer works ($7.7M), Dynon Rd Cycling corridor, roadworks and drainage  City of Melbourne ($2.8M).

3.     City Plan

2.2.3  Council will be a leader in environmental sustainability and adapt to climate change by increasing the energy efficiency of Council, encouraging energy efficient development, fostering bio-diversity, and supporting local agriculture by working with the state government to ensure water security throughout our area.

4.     Council Policy

Council policy on tendering as applicable to this contract has been complied with.

In accordance with the Local Government Act (Vic) 2020 and Council Procurement Policy and guidelines a formal procurement plan was prepared and endorsed prior to the commencement of the tendering process. The procurement plan was adhered to and procurement provided both oversight and probity throughout the tendering and evaluation process.

5.     Financial Information

The project for construction of Arndell Park Stormwater Harvesting System is a multiyear program and has been incorporated into the 2020-21 and 2021-22 Capital Works Program under W4227 Greening the Pipeline.  The Integrated Plan and Budget for 2021-22 was approved and adopted by Council on 29 June 2021.

The funding required in future years for Greening the Pipeline will be included in the 2021-22 and 2022-23 budgets for approval by Council. In addition to the funding noted below for the stormwater harvesting project, the State Government have committed an additional $8Million towards Greening the Pipeline for the Zone 5 landscaping works which will follow in 2022 and to be delivered under a separate contract.

The Council report recommends to Award contract N400110 – Arndell Park Stormwater Harvesting System to G&S Fortunato Group Pty Ltd for the sum of $1,766,729.25 (GST inclusive).

This is a substantial construction contract, and is funded in part by Victorian government grants, Greater Western Water and Melbourne Water as outlined in Table B below.

Note: The tendered prices are GST inclusive, the following is GST exclusive

Council contribution

 

2020/21 Capital Works Program

$77,000

2021/22 Capital Works Program

$650,000

 

 

TOTAL ALLOCATED BUDGET (A)

$727,000

 

 

External Funding and Developer Contributions (excl. GST)

 

Greater Western Water

$1,000,000

Melbourne Water

$300,000

DELWP

$800,000

 

 

TOTAL EXTERNAL FUNDING (B)

$ 2,100,000

TOTAL AVAILABLE FUNDING (A +B)

$2,827,000

 

Committed Expenditure (excl. GST)

 

Design Fees

$181,340

Stormwater Storage supply and installation

$774,056

PM Fees

$30,000

TOTAL (C )

$985,396

 

 

Construction Contract

$1,606,118

Contingency (10% of Construction Cost)

$160,612

PM Fees (Staff Costs)

$70,000

 

 

TOTAL (D)

$1,836,730

 

 

TOTAL EXPENDITURE (C + D)

$2,822,126

 

A contingency of 10% is considered appropriate for a project of this scale and complexity. It can be anticipated that some unforeseen circumstances, latent conditions or design details may need to be addressed. 

Hence, there are sufficient funds available for this project in the capital works program. It is recommended in the Council report for contract award that the Manager of Climate Futures be delegated the responsibility to approve variations to the construction contract up to the construction contingency amounts identified in this table.

6.     Social Implications

The project has many Social benefits including:

·    The creation of useable open space within the MOS reserve- filling the MOS with the biofilter and the covered water storage will eliminate the risk of the fall into the MOS and negate the need for the current cyclone fencing either side of the MOS.

·    Enabling greening and healthy tree canopy through providing irrigated open space and improved community health and well-being through urban cooling.

·    Increasing connection with Melbourne’s history, as this adaptive reuse of a heritage artefact celebrates the history of the MOS.

7.     Environmental Implications

Environmental benefits include:

·    Reduction in stormwater discharge into downstream waterway and wetland (Skeleton Creek and Laverton RAAF swamp).

·    Meets stormwater reuse and pollutant reduction targets, identified in the Wyndham Integrated Water Cycle Management Plan.

·    Creates an alternative water source for urban greening and cooling of active and passive open spaces,

·    Increasing habitat connectivity.

8.     Economic/Employment Considerations

Economic and Employment considerations have been considered. G&S Fortunato Group Pty Ltd are a local Melbourne Company and have social procurement and social inclusions methods in place.

9.     Options

Council does not have the resources and/or expertise in house to perform the tasks required under this contract.  The tender evaluation panel considers that the tender process used in the procurement of this contract and the tender evaluation process used to evaluate the tenders received has resulted in a best value outcome for Council.

10.   Community Consultation

Community workshops and consultation as part of Zone 5 masterplan have occurred as part of the development of the project. The community will continue to be involved through the development of the landscape design to follow this project as part of Greening the Pipeline Zone 5 works.

11.   Communication Strategy

Council’s decision in relation to the award of this tender will be conveyed to all tenderers. 

12.   Project Timeframe

Date of award of contract......................... September 2021.

Contract start date................................... October 2021.

Works completion date............................ March 2022.

Defects liability period………………........ 12 months

Contract end date ................................... March 2023.

 

 


Council Seal

 

Council Meeting

Tuesday, 28 September 2021

 

File No: 00000

 

 

Item No: 8.4

Director City Operations - Stephen Thorpe

 

 

 

Awarding of Contract - N400167 - Eagle Stadium Roof Rectification - Construction

 

Summary

This report recommends the awarding of a contract to the successful tenderer for Contract No. N400167 – Eagle Stadium Roof Rectification - Construction.

The project involves the construction of a roof over the existing roof at Eagle Stadium to address water ingress issues. The scope of work includes;

·    Construction of roof over existing roof including gutters and downpipes; and

·    Supply and installation of roof access safety system.

This is a lump sum contract based on rates and prices in the bill of quantities.

Attachments

Nil

  

 

Officers’ Declaration of Interests

Under Section 130(2) of the Local Government Act 2020, officers providing advice

to Council must disclose any interests, including the type of interest.

 

Director City Operations - Stephen Thorpe

In providing this advice as the Director, I have no disclosable interests in this report.

 

Manager Project Management Office - Eilis Hughes

In providing this advice as the Manager, I have no disclosable interests in this report.

 

Senior Project Manager - Ashok Balakrishnan

In providing this advice as the Author, I have no disclosable interests in this report.

Key Issues

·        Conformance with tender requirements.

·        Provision of best value for money.

·        Previous experience in similar projects.

 

RECOMMENDATION

That Council:

1.      Award contract N400167 Eagle Stadium Roof Rectification – Construction to Professional Plumbing Contractors Pty Ltd (PPC), ACN 124 207 969 for the sum of $2,952,997.30 (GST inclusive).

2.      Authorise the Manager Project Management Office to approve variations and contingencies up to 20% of contract value to contract N400167 Eagle Stadium Roof Rectification – Construction.

3.      Sign and seal the contract.

4.      Advise all tenderers accordingly.

 

 

1.     Background

Tenders were invited on Saturday 29 May 2021 and closed on Wednesday 7 July 2021, with the tender documentation requiring tenderers to respond to two design options. Two (2) conforming tenders were received and are listed below. 

The tenders were checked for arithmetical correctness and for omissions/qualifications. 

No.

Tenderers

Tender Price (incl. GST)

1

Tenderer A

$ 4,558,350.50

2

Professional Plumbing Contractors Pty. Ltd. (PPC)

$ 2,952,997.30

2.     Discussion

Tender Evaluation

The members of the evaluation panel are:

Senior Project Manager – Project Management Office

Coordinator PM Services – Project Management Office

Construction Supervisor – Project Management Office

Category Management Partner – Procurement – (Non-Voting role)

The members of the evaluation panel do not have any pecuniary interest in this contract and Conflict of Interest forms (Stages 1-3) were executed by the tender evaluation panel in accordance with the governance and procurement policy during the respective evaluation phases.

Tenders were rated using the following criteria and weightings:

 

Weighting

A.   Qualitative Assessment

 

Historical Performance

20%

Suitable Experience and Technical Expertise

15%

Capability (including appropriate resourcing, methodology and timelines)

20%

OH&S, Quality and Environmental Management Systems

10%

B.   Quantitative Assessment

 

Price

35%

 

The tender submitted by Professional Plumbing Contractors (PPC) Pty. Ltd. is the preferred tenderer as it has the highest ranking of all submitted tenders against the selection criteria.

 

Tenderers

Qualitative Assessment (max. 60)

Quantitative Assessment (max. 35)

Total

(max. 100)

Tendered Price (incl. GST)

Ranking

PPC

49.00

35.0

84.00

$ 2,952,997.30

1

Tenderer A

50.75

22.67

73.42

$ 4,558,350.50

2

 

PPC scored highly in the qualitative assessment for their experience is projects of similar nature, sound methodology, suitably qualified and experienced resources. PPC also exhibited a good understanding of Council’s timeframes in completing the project.

PPC presented well in the tender interview/negotiation demonstrating that they are a very mature organization coupled with robust processes, comparable capacity and demonstrated capability in scale and complexity to deliver this key Council project and were prompt in responding to all clarifications during the evaluation process.

Tender Clarifications

Following a review of the two conforming tender submissions, the tender evaluation panel sought formal tender clarifications. These clarifications were aimed at seeking information on contractual matters, tender allowances and confirming the tenderer’s commitment to the tender program and timelines. 

All tenderers responded appropriately to the clarifications and within the allocated timelines. Responses were reviewed and checked for compliance by the tender evaluation panel and were deemed satisfactory. Based on the responses a formal second pass evaluation process was undertaken, and it was ratified by the tender evaluation panel to proceed to interview/negotiate with the two tenderers. 

Tender Interview

Tender interviews were conducted on Wednesday 11 August 2021 with the two tenderers.

The highest ranked tenderer PPC advised the following:

a)   They confirmed their tendered lump sum.

b)   They confirmed that they can commence works and be flexible as per Council timelines.

c)   They discussed and confirmed their project resource structure that will be available to satisfactorily undertake this contract.

d)   They discussed their construction program and methodology aligning with Council’s requirements.

e)   Demonstrated their process and procedures in delivering similar projects.

f)    Their willingness to partner with Council ensuring best practice, collaboration, cost efficiencies and value management were at the forefront in the delivery of a key construction project.

Preferred Design Option

The tender evaluation panel evaluated both the design options nominated within the two tender submissions and confirmed the preference is to proceed with Option 1 as it is consistent with expert advice and cost effective with minimal impact on the operations of the facility.

 

Preferred Tenderer

Following the interview process, further clarifications and review by the project Quantity Surveyor, the tender evaluation panel confirmed their nomination of PPC as the preferred contractor for this project. The decision was based on their highest overall qualitative and quantitative score and their previous experience with projects of similar nature.

 

Financial Assessment

A financial assessment was undertaken via Creditor Watch with an ASIC check and returned a satisfactory result.

·    PPC have no Court Actions or Registered Trade Defaults.

·    ABN | A.C.N registration is active.

·    Entity has a 0.90% chance of credit default or failure within the next 12 months.

·    Overall Credit Score is 616 out of 850 (Low Risk) for this industry category, which is an acceptable credit worthiness.

·    This entity pays their respective 3rd party suppliers and sub-contractors in a timely manner.

Experience

Professional Plumbing Contractors Pty. Ltd. has satisfactorily completed a number of projects of a similar nature and complexity including:

·    HMAS Cerberus for the Australian Defence Force.

·    Melbourne Park Redevelopment for Development Victoria.

·    Re-roof of Stage 2 facility for Bluescope Steel.

·    Melbourne Connect for Lend Lease.

3.     City Plan

1.2.3  Council will enhance community health and wellbeing by making it easier for residents to participate in physical activities by building mainstream and accessible sporting infrastructure at the local level and providing a diversity of sporting opportunities through assisting minor and ‘hard-to-locate’ sports, as well as recreation and informal opportunities for physical activity.

4.     Council Policy

Council policy on tendering is applicable to this contract has been complied with.

In accordance with the Local Government Act (Vic) 2020 and Council Procurement Policy and guidelines a formal procurement plan was prepared and endorsed prior to the commencement of the tendering process. The procurement plan was adhered to and an external probity advisor provided both oversight and probity throughout the tendering and evaluation process.

5.     Financial Information

The Eagle Stadium Roof Rectification project was included in the Annual Plan and Budget for 2020-21 under project number W1228 with a budget of $4 million as approved and adopted by Council on 18 August 2020. The funds were not used and there are sufficient funds available for this project in the capital works program in the Strategic Resource Plan.

6.     Social Implications

Eagle Stadium plays an important role in the provision of indoor court facilities, enabling community participation in highball sports best illustrated by the facility welcoming more than one million visitors in a normal year. Water ingress at the stadium causes disruption to competition and training activities which frustrates and disappoints participants and places the administrators of the various Associations, Clubs and groups that use the stadium under pressure, many of which perform their role in a volunteer capacity.

Proceeding with the recommended option/tenderer will enable a project to be delivered that minimises disruption to Eagle Stadium operations and subsequently the impact of water ingress on community sport. Council Officers will work closely with Western Leisure Services throughout the construction phase, to minimise the impact on users and ensure that the progress of the project is clearly communicated to stakeholders and the broader Wyndham community.

7.     Environmental Implications

The project will align with Council policy and have minimal impact on the Environmental Sustainable Design (ESD) design elements of the existing facility.

8.     Economic/Employment Considerations

Employment for workers living in the Western Region of Melbourne could be facilitated through this project if the materials are sourced locally. This aligns with Council’s commitment to supporting the local economy through job opportunities. 

9.     Options

Council does not have the resources and/or expertise in house to perform the construction activities/tasks required under this contract.  The tender evaluation panel considers that the tender processes implemented in the procurement of this contract and the tender evaluation process undertaken to evaluate the tenders received has resulted in a best value outcome for Council and for the Wyndham community and rate payers.

10.   Community Consultation

Engagement with external and internal stakeholders was undertaken throughout the design phase and will continue to occur during the construction phase and regular feedback will be provided on the progress of the project. 

11.   Communication Strategy

Council’s decision in relation to the award of this tender will be conveyed to all tenderers. 

12.   Project Timeframe

Date of award of contract.................................. 30 September 2021

Contract start date............................................. 1 November 2021

Works completion date..................................... 2 May 2022

Defects liability period....................................... 12 months

Contract end date ............................................ 1 May 2023

 

 


Council Seal

 

Council Meeting

Tuesday, 28 September 2021

 

File No: N400169

 

 

Item No: 8.5

Director City Operations - Stephen Thorpe

 

 

 

Awarding of Contract - N400169 - Supply and delivery of LLDPE Geomembrane for Landfill Cell 4 Construction

 

Summary

This report recommends the awarding of a contract N400169 to Atarfill Australia Pty Ltd for the Supply and Delivery of Linear low-density polyethylene (LLDPE) Geomembrane for Landfill Cell 4 Cap Construction.

 

The project involves the supply of one of three lining materials required to be used in the construction of the final cap on landfill Cell 4 at the Wyndham Refuse Disposal Facility (RDF).

 

 

Attachments

Nil

  

 

Officers’ Declaration of Interests

Under Section 130 of the Local Government Act 2020, officers providing advice to Council must disclose any interests, including the type of interest.

 

Director City Operations - Stephen Thorpe

In providing this advice as the Director, I have no disclosable interests in this report.

 

Acting Manager Waste Management and Disposal - Liza McColl

In providing this advice as the Manager and Author, I have no disclosable interests in this report.

Key Issues

·        Conformance with tender requirements.

·        Provision of best value for money.

·        Provision of material for the construction of landfill Cell 4 cap in a manner that is timely to ensure construction can commence without delay.

 

RECOMMENDATION

That Council:

1.      Award contract N400169 Supply and Delivery of LLDPE Geomembrane for Landfill Cell 4 Cap Construction to Atarfill Australia Pty Ltd, ACN 625 049 443 for the sum of up to $1,232,260.17 (GST inclusive).

2.      Sign and seal the contract.

3.      Advise all tenderers accordingly.

 

 

1.     Background

Landfill Cell 4 at the RDF stopped receiving waste in July 2019. Council has a legal obligation to construct a final cap on the top of all closed landfill cells.  EPA Victoria have approved the design of the cap for landfill cell 4 and construction of the cap is scheduled to commence in mid-December 2021.

The cap includes three layers of synthetic type of impermeable or low permeability lining materials:  LLDPE Geomembrane, Drainage Geocomposite and Geosynthetic Clay Liner (GCL) underneath a final soil and vegetation layer.

Tenders were invited for the supply and delivery of the LLDPE Geomembrane lining material on 17 July 2021 and closed on 18 August 2021.  Three tenders were received.  The tender submission price range is between $1,232,260.17 and $1,573,360.89.

The tenders were checked for arithmetical correctness and for omissions/qualifications. 

2.     Discussion

Tender Evaluation

The members of the evaluation panel are:

Senior Landfill Construction Engineer

Acting RDF Operations Coordinator

Specialist Senior Project Manager

The members of the evaluation panel do not have any pecuniary interest in this contract.

Tenders were rated using the following criteria and weightings:

 

Weighting

Mandatory Criteria

 

Quality System – preference for system designed and certified to ISO9000 ISO 9001 standard

Pass/Fail

Conformance to Specification

Pass/Fail

A. Qualitative Assessment

 

Historical performance – must have proven record of supplying materials that conform to the specification for landfill construction in accordance with the EPA BPEM requirements in Victoria

25%

Capability – capacity to supply material at the times required by Council

30%

OH&S System – preference for system design and certified to ISO 45001:2018 standard

5%

Environmental Management System

5%

(Quality units) Total

65%

B.   Quantitative Assessment

 

Price

35%

 

 

The tenderers were provided the net area that they needed to cover however they made different assumptions around the amount of wastage for the materials resulting in different quantities being used in their respective costings. As the exact waste quantity of the material cannot be finalised until a panel layout is approved during the construction stage, the levels of wastage used on all tenders was standardized at 17.5% to ensure comparative pricing of the same total value of material required (210,336m2).

 

The tender submitted by Atarfill Australia is the preferred tenderer as it has the highest ranking of all submitted tenders against the selection criteria.

 

Financial Assessment

A financial assessment of Atarfill Australia was undertaken by Creditor Watch and returned a satisfactory result.

 

Experience

Atarfill Australia is an experienced supplier of LLDPE to similar landfill construction and landfill cell cap construction projects.

3.     City Plan

4.2.3  Council will strengthen its operational efficiency and sustainability by identifying and embracing new, more efficient ways to work with partners from the public and private sector, and by regularly applying rigorous evaluation of our systems, investments, expenditure, infrastructure needs, service delivery, technology use, resource application, and staff development, empowerment and flexibility.

4.     Council Policy

Council policy on tendering as applicable to this contract has been complied with.

5.     Financial Information

The Landfill Cell 4 Cap Construction Project has been incorporated into the Annual Plan and Budget for 2021/22 as approved and adopted by Council on 29 June 2021.  As a landfill owner, Council makes provision from the annual depreciation and amortisation charge to the RDF for the anticipated future costs of decommissioning, rehabilitation and long-term maintenance costs.

The total budget for the rehabilitation of Cell 4 is approximately $16 million, including $6.5 million allowance for the purchase of the three lining materials, including the LLDPE material. The contract value is within budget and the funds required are planned to be made available from Council’s cash balance. 

6.     Social Implications

The construction of the final cap on landfill cell 4 is important to continue to provide essential waste disposal services to the community of Wyndham and to help keep Wyndham clean.

7.     Environmental Implications

Council is legally required by EPA to cap all closed landfill cells.  The approved design for Cell 4 cap uses LLDPE geomembrane material to limit the negative effects that a closed landfill can have on the environment.

8.     Economic/Employment Considerations

The supply and delivery of this material will provide direct jobs in manufacturing and logistics industries. The Landfill Cell 4 Cap Construction Project will provide up to 30 direct jobs in the construction industry.

9.     Options

To approve or not approve the tender.  There are no other options to procure this material.

10.   Community Consultation

The main forum for community consultation about works at the RDF is through the Council’s RDF Community Reference Group (CRG).  The CRG members are highly supportive of the rehabilitation (capping) of closed landfill cells.

11.   Communication Strategy

Council’s decision in relation to the award of this tender will be conveyed to all tenderers. 

12.   Project Timeframe

Date of award of contract.................................. 30 September 2021

Contract start date............................................. 4 October 2021

Contract end date ............................................ 31 March 2022

 

 


Council Seal

 

Council Meeting

Tuesday, 28 September 2021

 

File No: N400174

 

 

Item No: 8.6

Director City Operations - Stephen Thorpe

 

 

 

Awarding of Contract - N400174 – Supply and delivery of Geosynthetic Clay Liner for Landfill Cell 4 Cap Construction

 

Summary

This report recommends the awarding of a contract to the successful tenderer/s for N400174 Supply and Delivery of Geosynthetic Clay Liner (GCL) for Landfill Cell 4 Cap Construction.

 

The project involves the supply of one of three lining materials that is required to construct the final cap on landfill cell 4 at the Wyndham Refuse Disposal Facility (RDF).

 

 

Attachments

Nil

  

 

Officers’ Declaration of Interests

Under Section 130 of the Local Government Act 2020, officers providing advice to Council must disclose any interests, including the type of interest.

 

Director City Operations - Stephen Thorpe

In providing this advice as the Director, I have no disclosable interests in this report.

 

Acting Manager Waste Management and Disposal - Liza McColl

In providing this advice as the Manager and Author, I have no disclosable interests in this report.

Key Issues

·        Conformance with tender requirements.

·        Provision of best value for money.

·        Provision of material for the construction of landfill cell 4 cap in a manner that is timely to ensure construction can commence without delay.

 

RECOMMENDATION

That Council:

1.      Award contract N400174 Supply and Delivery of Geosynthetic Clay Liner for Landfill Cell 4 Cap Construction to Geofabrics Australasia ACN 120 519 520 for the sum of up to $1,726,423.16 (GST inclusive).

2.      Authorise the Manager Waste Management and Disposal of to approve the expenditure of contingency of up to $172,642.32 to contract N400174.

3.      Sign and seal the contract.

4.      Advise all tenderers accordingly.

 

 

1.     Background

Landfill Cell 4 at the RDF stopped receiving waste in July 2019. Council has a legal obligation to construct a final cap on the top of all closed landfill cells.  EPA Victoria have approved the design of the cap for landfill cell 4 and construction of the cap is scheduled to commence in mid-December 2021.

The cap includes three layers of a synthetic type of impermeable or low permeability lining materials: Linear low-density polyethylene (LLDPE) Geomembrane lining; Drainage Geocomposite lining; and Geosynthetic Clay Liner (GCL) underneath the final soil and vegetation layer.

Tenders were invited for the supply and delivery of the GCL material on 17 July 2021 and closed on 18 August 2021.  Two tenders were received.  The tender submission price range is between $1,726,423.16 and $1,821,284.70.

The tenders were checked for arithmetical correctness and for omissions/qualifications. 

2.     Discussion

Tender Evaluation

The members of the evaluation panel are:

Senior Landfill Construction Engineer

Acting RDF Operations Coordinator

Specialist Senior Project Manager

The members of the evaluation panel do not have any pecuniary interest in this contract.

Tenders were rated using the following criteria and weightings:

 

Weighting

Mandatory Criteria

 

Quality System – preference for system designed and certified to ISO9000 ISO 9001 standard

Pass/Fail

Conformance to Specification

Pass/Fail

A. Qualitative Assessment

 

Historical performance – must have proven record of supplying materials that conform to the specification for landfill construction in accordance with the EPA BPEM requirements in Victoria

25%

Capability – capacity to supply material at the times required by Council

30%

OH&S System – preference for system design and certified to ISO 45001:2018 standard

5%

Environmental Management System

5%

(Quality units) Total

65%

B.   Quantitative Assessment

 

Price

35%

 

The tender submitted by Geofabrics Australasia is the preferred tenderer as it has the highest ranking of all submitted tenders against the selection criteria.  The contracted sum also includes a provision for six months container hire, because this material must be stored in a dry and protected environment. A contingency of an additional 10% of the contract sum is provided to allow Council to seek a subsequent quote for the unloading of materials from the containers on site, if required. 

 

Financial Assessment

A financial assessment of Geofabrics Australasia was undertaken by Creditor Watch and returned a satisfactory result.

Experience

Geofabrics Australasia is an experienced supplier of GCL material to similar landfill construction and landfill cell cap construction projects.

3.     City Plan

4.2.3  Council will strengthen its operational efficiency and sustainability by identifying and embracing new, more efficient ways to work with partners from the public and private sector, and by regularly applying rigorous evaluation of our systems, investments, expenditure, infrastructure needs, service delivery, technology use, resource application, and staff development, empowerment and flexibility.

4.     Council Policy

Council policy on tendering as applicable to this contract has been complied with.

5.     Financial Information

The Landfill Cell 4 Cap Construction Project has been incorporated into the Annual Plan and Budget for 2021/22 as approved and adopted by Council on 29 June 2021.  As a landfill owner, Council makes provision from the annual depreciation and amortisation charge to the RDF for the anticipated future costs of decommissioning, rehabilitation and long-term maintenance costs.

The total budget for the rehabilitation of Cell 4 is approximately $16 million, including $6.5 million allowance for the purchase of the three lining materials, including the GCL material. The contract value is within budget and the funds required are planned to be made available from Council’s cash balance. 

6.     Social Implications

The construction of the final cap on landfill cell 4 is important to continue to provide essential waste disposal services to the community of Wyndham and to help keep Wyndham clean.

7.     Environmental Implications

Council is legally required by EPA to cap all closed landfill cells. The approved design for landfill cell 4 cap uses a GCL material to limit the negative effects that a closed landfill can have on the environment.

8.     Economic/Employment Considerations

The supply and delivery of this material will provide direct jobs in manufacturing and logistics industries. The Landfill Cell 4 Cap Construction Project will provide up to 30 direct jobs in the construction industry.

9.     Options

To approve or not approve the tender.  There are no other options to procure this material.

10.   Community Consultation

The main forum for community consultation about works at the RDF is through the Council’s RDF Community Reference Group (CRG).  The CRG members are highly supportive of the rehabilitation (capping) of closed landfill cells.

11.   Communication Strategy

Council’s decision in relation to the award of this tender will be conveyed to all tenderers. 

12.   Project Timeframe

Date of award of contract...... ………................. 30 September 2021

Contract start date............................................. 4 October 2021

Contract end date ............................................ 31 March 2022

 

 


Council Seal

 

Council Meeting

Tuesday, 28 September 2021

 

File No: N400189

 

 

Item No: 8.7

Director City Operations - Stephen Thorpe

 

 

 

Awarding of Contract - N400189 - Mobile Security Patrol Services

 

Summary

This report recommends the awarding of a contract to the successful tenderer for Contract No. N400189 – Mobile Security Patrol Services.

The purpose of this contract is to provide necessary Mobile Security Patrol Services for required Council Facilities, and additional services for ad-hoc requests and events.

This is a lump sum contract with a schedule of rates element. The initial contract term is two (2) years, with the option of extending three (3) x one (1) year terms.

 

Attachments

Nil

  

 

Officers’ Declaration of Interests

Under Section 130 of the Local Government Act 2020, officers providing advice to Council must disclose any interests, including the type of interest.

 

Director City Operations - Stephen Thorpe

In providing this advice as the Director, I have no disclosable interests in this report.

 

Manager Facilities and Open Space - Antoniette Michail

In providing this advice as the Manager, I have no disclosable interests in this report.

 

Team Leader Emergency Resilience – Steve Nangle

In providing this advice as the Author, I have no disclosable interests in this report.

Key Issues

·        Conformance with tender requirements

·        Provision of best value for money

·        Previous experience in similar projects

 

RECOMMENDATION

That Council:

1.      Award contract N400189 – Mobile Security Patrol Services to M.A Services Group Pty Ltd ACN 151 498 001 for the sum of $290,210 (for year 1 of the Scheduled patrols) and a total of $2,901,056 (GST inclusive) over the term of the contract.

2.      The contract term is for two (2) years with the option of extending three (3) x one (1) year terms, up to a total maximum contract term of five (5) years.

3.      Authorise the Manager Facilities and Open Space to approve contract extensions, variations and contingencies to contract N400189 – Mobile Security Patrol Services.

4.      Sign and seal the contract.

5.      Advise all tenderers accordingly.

 

1.     Background

This is a lump sum contract with a schedule of rates element. The initial contract term is 2 years, with the option of extending three (3) x one (1) year terms.

The scope of services in this contract includes:

•        Visual security perimeter patrols of all nominated WCC buildings and facilities;

•        Alarm responses for all after hours attendance at Council facilities and daily reporting of observations of attendances;

•        Protection of property and facilities against theft, damage, inappropriate behaviour or other unlawful or undesirable activities when detected either by patrolling or the employment of static guards;

•        Provision of Static Guard/s for security of Council meetings;

•        Provision of Crowd Control and Event Guards for community events; and

•        Provision of other facility security related tasks on an ad hoc basis.

Tenders for these services were invited on Saturday 3 July 2021 and closed on Wednesday 21 July 2021. Fifteen (15) conforming tenders were received, and all tender responses were checked for arithmetical correctness and omissions/qualifications. 

2.     Discussion

Tender Evaluation

The members of the evaluation panel are:

Team Leader Emergency Resilience

Building Compliance & Maintenance Planner

Coordinator Infrastructure Business Management

Category Management Partner – Procurement – (Non-Voting role)

The members of the evaluation panel do not have any pecuniary interest in this contract and Conflict of Interest forms (Stages 1-3) were executed by all members l in accordance with the governance and procurement policy during the respective evaluation phases.

Tenders were rated using the following criteria and weightings:

 

Weighting

A.   Mandatory Criteria

 

Financial Capability

Yes/No

A.   Qualitative Assessment

 

Historical Performance

20%

Capability (including – Adequate Resources, Personnel, Button Logging Equipment and Reporting, Total Patrol Time Allocation and Alarm Response time, Patrol vehicles and other Methodology)

20%

Quality System (QMS)

10%

OHS System (OHS)

10%

Environmental Management System (EMS)

5%

Social and Economic Inclusion

5%

B.   Quantitative Assessment

 

Price

30%

 

The tender submitted by M.A Services Group Pty Ltd is the preferred tenderer as it has the highest ranking of all submitted tenders against the selection criteria.

 

 

Table 1 – Ranking Table

 

Tenderers

Total

(max. 100)

Ranking

M.A Services Group Pty Ltd

69.1

1

Tenderer B

67.5

2

Tenderer C

66.5

3

Tenderer D

60.4

4

Tenderer E

60.4

5

Tenderer F

52.8

6

Tenderer G

49.3

7

Tenderer H

47.8

8

Tenderer I

47.6

9

Tenderer J

40.3

10

Tenderer K

38.8

11

Tenderer L

38.4

12

Tenderer M

30.8

13

Tenderer N

30.0

14

Tenderer O

25.3

15

 


 

Tender Clarifications

Following a review of the fifteen conforming tender submissions, the tender evaluation panel shortlisted the top five tenderers based on their respective qualitative and quantitative scores.  Formal tender clarifications were subsequently sought from the shortlisted tenderers, seeking information on contractual matters, tender allowances and confirming the tenderer’s commitment to the tender program and timelines. 

All shortlisted tenderers responded appropriately to the clarifications and within the allocated timelines. Responses were reviewed and checked for compliance by the tender evaluation panel and were deemed satisfactory. Based on the responses, a formal second pass evaluation process was undertaken, and it was ratified by the tender evaluation panel.

 

Preferred Tenderer

Following the evaluation process and clarifications issued, the tender evaluation panel confirmed their nomination of M.A Services Group Pty Ltd as the preferred tenderer for this contract.

The decision was based on their highest overall qualitative and quantitative score, their previous experience with services of a similar nature, and their capability to provide the scope of services.

 

Financial Assessment

A financial assessment was undertaken via Creditor Watch and returned an acceptable and satisfactory result.

 

Experience

Headquartered in Tullamarine, M.A Security Group Pty Ltd is a national company with a large and well-known client base. Speaking to referees revealed a common thread of an experienced and solution focussed security management team that has provided near faultless contracted services. A common thread from the referees has been the responsiveness to request for ad hoc additions to the contracts.

3.     City Plan

4.2.3  Council will strengthen its operational efficiency and sustainability by identifying and embracing new, more efficient ways to work with partners from the public and private sector, and by regularly applying rigorous evaluation of our systems, investments, expenditure, infrastructure needs, service delivery, technology use, resource application, and staff development, empowerment and flexibility.

 

4.     Council Policy

Council policy on tendering as applicable to this contract has been complied with.

A formal procurement plan was prepared in accordance with the Local Government Act (Vic) 2020 and Council’s Procurement Policy and endorsed prior to the commencement of the tendering process. The procurement plan was adhered to and Council’s Procurement team provided both oversight and probity throughout the tendering and evaluation process.

5.     Financial Information

M.A. Services Group Pty Ltd returned a successful financial check from Credit Watch.

The contract for Mobile Security Patrols has been incorporated into the annual operating budget as approved and adopted by Council and will continue throughout the term of this contract.

6.     Environmental Implications

M.A Services intends to be carbon neutral within five years, targeting a 20% reduction in carbon offsets each year.  This includes replacing their fleet with hybrid vehicles.

7.     Economic/Employment Considerations

The majority of staff allocated to these services by M.A Services live within the Municipality, providing local employment opportunities. M.A Security purchase locally where practicable and appropriate.

8.     Options

Council does not have the resources and/or expertise in house to perform the services, activities or tasks required under this contract.  The tender evaluation panel considers that the tendering and evaluation processes implemented in the procurement of this contract has resulted in a best value outcome for Council and the Wyndham community.

9.     Communication Strategy

Council’s decision in relation to the award of this tender will be conveyed to all tenderers. 

10.   Project Timeframe

Date of award of contract...... ………................. 29 September 2021

Contract start date............................................. 3 November 2021

Initial Contract term end ................................... 3 November 2023

Maximum Contract term end ........................... 3 November 2026

.