Agenda of Ordinary Council Meeting

Civic Centre
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45 Princes Highway, Werribee, Victoria 3030, Australia

PO Box 197, Werribee, Victoria 3030, Australia

(03) 9742 0777

(03) 9741 6237

mail@wyndham.vic.gov.au

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

ABN: 38 393 903 860

AGENDA

Ordinary Meeting of Council

Monday 22 August 2016

PLEASE NOTE: This meeting will start at 7 pm in the Council Chamber, Civic Centre,

45 Princes Highway, Werribee to deal with matters pursuant to Section 83(a) of the Local Government Act 1989

Recording of Council Meeting

Councillors and others present should note that, in accordance with Clause 10(1) of Wyndham’s Governance Local Law 2013, 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.

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

4. CONFIRMATION OF MINUTES OF PREVIOUS MEETING

Motion: “That the following minutes as prepared and circulated, by confirmed:

1. Ordinary Council Meeting held Monday, 25 July 2016,

2. Special Council Meeting held 15 August 2016, 5.45pm.
- Contractual matter and release of confidential information.

5. Deputations and Presentations

MAYORAL YOUTH AWARD - March and June Quarter 2016

Wyndham City Council is proud to support and recognise the fantastic achievements and contributions made by young people in the community. Each quarter a number of young people under the age of 25 are presented with a Mayoral Youth Award, which includes a certificate of recognition and a grant of $500. The award recognises achievements in three categories:

· Sport;

· Arts, Music, Media and Culture; and

· Community Service, Volunteering and Leadership.

The applications are assessed by a panel that consists of the Wyndham City Mayor, the Youth Project Officer, Youth Services staff members, and young people from the Wyndham Youth Task Force. Recipients of the award also go into the running to be named Wyndham’s Young Achiever of the Year.

For the March quarter, the panel agreed to recognise two young people for their outstanding achievements; these were in the fields of Sport and Arts, Music, Media & Culture. The award for the Community Services category will be carried over until the next round.

For the June quarter, the panel agreed to recognise four young people for their outstanding achievements; these were in the field of Sports. The award for the Arts and Community Services category will be carried over until the next round.

The successful applicants for the March Quarter of the Mayoral Youth Award are as follows:

· Bailey Phillips;

· Dylan Mazurek.

The successful applicants for the June Quarter of the Mayoral Youth Award are:

· Aliyah Canepa;

· Bailey Lewis;

· Caitlin Huell;

· Ryland Brian.

6. OFFICERS’ REPORTS (incorporating questions with notice)

6.1 Petitions

6.1.1 Petition: Access to Wyndham Village Shopping Centre via Rosewood Place 9

6.1.2 Response to Petition: Leasing of land at 29-31 Windorah Drive, Point Cook for a vodafone mobile phone tower 10

6.2 Strategic Reports

NIL

6.3 Policy/Advocacy

6.3.1 Multicultural Policy Action Plan 2015-2016 Report and Action Plan for 2016-2017 15

6.4 Strategic & Town Planning

6.4.1 Planning Scheme Amendment C186 - Activity Centre Zone Schedule (car parking requirement) 20

6.4.2 Planning Scheme Amendment C209 - Dry Stone Walls 25

6.4.3 Planning Scheme Amendment C211 - Corrections and Redundant Controls 34

6.5 Other Reports

6.5.1 Enforcement of the Building Act 1993: Municipal Building Control Intervention Filter Criteria Guideline 2015 38

6.5.2 Notice of Intention to Lease Land at 29-31 Windorah Drive Point Cook (Featherbrook Reserve) to Vodafone Network Pty Ltd 43

6.5.3 Armstrong Road (Greens Rd and Blackforest Rd) City West Water Agreement 51

6.5.4 2015/16 Budget Carried Forward to 2016/17 54

6.5.5 Hard to Locate Sport Strategy - Draft 68

6.5.6 Municipal Fire Management Plan 2016-2019 73

6.5.7 Quarterly Service Report - Grants - April to June 2016 79

6.5.8 Assembly of Councillors - July 2016 83

6.5.9 Status of Reports returning to Council 88

7. Notices of Motion

NIL

8. Council Seal

8.1 Awarding of Contract: Princes Highway Service Road Reconstruction - David Court to Old Geelong Road 90

8.2 Awarding of Contract: Tarneit Road Reconstruction, Heaths Road to Hogans Road Northbound 95

8.3 Awarding of Contract: C1723/16 Crack Sealing of Road Pavements 101

8.4 Awarding of Contract: C1767/16 Chirnside Park Redevelopment 106

8.5 Awarding of Contract: C1776/16 Provision of Cleaning Services to Wyndham City Council 115

8.6 Awarding of Contract: Engagement of Temporary Staff 123

8.7 Provision of Supply of Metered Deliveries of Bulk Fuels (PA 1610-0106-2) 127

8.8 Supply of Mobile Garbage Bin Under Procurement Australia Contract Number 1801/0503: Mobile Garbage Bin 131

9. Contract Summary

9.1 Infrastructure Contract Summary Report 136

10. QUESTIONS WITH NOTICE FROM PUBLIC GALLERY

11. COUNCILLOR DELEGATES REPORTS

11.1 Councillor Delegates Reports 139

12. URGENT BUSINESS

13. CONFIDENTIAL BUSINESS

Motion: That pursuant to Section 89(2) of the Local Government Act, 1989, Standing Orders be suspended and this meeting of Council be closed to members of the public in order for Council to discuss:

13.1 a matter which Council considers prejudicial to Council or any person

Motion: That Standing Orders be resumed.

Motion: That the recommendations of the ‘Closed’ Meeting of Council with regard to confidential matters be adopted.

14. CLOSE OF MEETING

Petitions

Ordinary Council Meeting

Monday, 22 August 2016

File No: -

Item No: 6.1.2

Director City Transformation - Steven Lambert

Response to Petition: Leasing of land at 29-31 Windorah Drive, Point Cook for a vodafone mobile phone tower

Report

Council received a petition (refer below) containing 265 signatures, which was tabled at the Ordinary Council Meeting on 25 July 2016. This petition objects to the proposed installation and leasing of land at 29-31 Windorah Drive Point Cook for a mobile phone tower.

Petition

“We, the residents of Wyndham City, strongly reject the proposed installation of mobile phone tower and leasing of land at Featherbrook Reserve, 29-31 Windorah Drive Point Cook by Vodafone.

Featherbrook Reserve, being a public reserve, should remain a park and playground for the local residents for recreation and sports activities. The proposed mobile phone tower does not blend in with the intended use.

The proposed mobile phone tower location is too close to residential houses, being meters away from the closest house. This poses health risk with electromagnetic exposure to the local residents.

Further users of existing Council community centre, childcare centre, and upcoming Featherbrook Prep to Year 9 School, which are located on Featherbrook Reserve, will also be adversely affected by the electromagnetic exposure.

Future maintenance of tower and facilities, at the reserve itself, require heavy duty equipment and transportation which may also give rise to safety concern to the local residents using the reserve.

We sincerely appeal to the Council to consider the above justifications and reject the proposed mobile phone tower installation.”

Name

Address

Phone Number

Signature

Petitioners names and address details have been provided but not included because of privacy requirements.

Attachments

Nil

Officers’ Declaration of Interests

Under Section 80C of the Local Government Act 1989 (as amended), officers providing advice

to Council must disclose any interests, including the type of interest.

Director City Transformation – Steven Lambert

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

Manager Finance & Property – Binda Gokhale

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

Senior Property Management Officer – Roy Notini

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

Key Issues

· The submissions received against the proposed lease arrangement;

· The suitability of the site for the proposal.

RECOMMENDATION

That Council reference this report, with consideration of submission(s) received regarding Council’s decision on the lease of land at 29-31 Windorah Drive, Point Cook.

1. Background

1.1 Planning Application for the Installation of A Mobile Phone Tower

Planning permit application WYP8591/15 nominated the site at 29-31 Windorah Drive Point Cook for the installation of a telecommunications facility. The land is zoned Public Park and Recreational Zone (PPRZ) and the “Use” or the “Development” of a telecommunications tower on land zoned PPRZ is not prohibited, however, a planning permit is required.

The Planning and Environment Act 1987 requires advertising to be undertaken by means of letters to adjoining owners and occupiers and a sign placed on site. On the 29 September 2015, Council mailed forty eight (48) letters to land owners and occupiers adjacent and adjoining the site. The letters were sent to residents in Whisper Boulevard, Windorah Drive and Regal Road.

On the 6 November 2015, two (2) signs were placed on the nominated site, one in the centre of the frontage to Windorah Drive and the other located at the centre of the frontage to Whisper Blvd. The signs were located on the site for 14 days and were displayed until the 21 November 2015. During the advertising process residents were invited to inspect the proposal and all supporting documentation. No objections were received during this period.

The proposal was assessed against the relevant provisions of the Wyndham Planning Scheme and the Planning and Environment Act 1987. As the application was for “Use and Development” on Council land, the application was submitted to the Councillors at the Ordinary Council Meeting held on the 22 February 2016. At this meeting Council resolved to grant a planning permit for the proposal.

A permit was issued on the 3 March 2016. The rights for appeal under the Planning and Environment Act have passed and Council is not able to revisit the decision.

The application is now closed.

1.2 Leasing of Land at Featherbrook Reserve, 29-31 Windorah Drive, Point Cook

At the Ordinary Council Meeting on 23 May 2016, Council considered the leasing of land at 29-31 Windorah Drive Point Cook for the installation of a telecommunications facility. At this meeting Council resolved to:

(a) authorise its officers to publish a public notice of the proposed lease, providing any person the right to make a submission regarding the proposal under section 223 of the Local Government Act;

(b) consider any submissions received and make a decision regarding the application, having considered all relevant matters including any submission(s) received.

i. Council Officers are to finalise a lease in accordance with the Local Government Act which is specific to the subject land, to Vodafone Network Pty Ltd for a term of 20 years at a commencing rental of $18,000 per annum plus GST with 4% annual increases;

ii. The CEO is authorised to sign the lease on behalf of Council.

A public notification process must be undertaken in accordance with the requirements of Sections 190 and 223 of the Local Government Act; any submissions received in response to the public notification process must be considered by Council, and appropriate resolutions made prior to any lease being executed. If no submissions are received the lease may be finalised subject to Council approval and any related requirements.

In accordance with Section 190 of the Local Government Act Council must at least 4 weeks before the lease is made publish a public notice of the proposed lease.

An advertisement was placed in the Star Weekly newspaper in accordance with Section 223 of the Local Government Act on the 6 July 2016. The closing date for submissions was 3 August 2016 and Council received one formal objection from the Concerned Residents Group.

A hearing of the submission was requested by the Concerned Residents Group and the hearing was held on Monday 8 August 2016 with nominated representatives of the Concerned Residents Group.

The submission is to be considered by Council and a decision made regarding the application, having considered all relevant matters at the Ordinary Council Meeting on 22 August 2016.

2. Discussion

Public Reserve Site Considerations

It should be noted that the planning permit is assessed against the site nominated which was 29-31 Windorah Drive Point Cook. Council can only consider planning applications placed before them on the nominated site.

The document with the alternative sites and reason for rejection was submitted with the applicants “Planning Application Report” dated 7 August 2015.

Environmental Impacts

The planning report submitted with the planning permit application provided a response to environmental considerations. The applicant also submitted an electromagnetic energy report.

The application was assessed against the Wyndham Planning Scheme and the Environmental impacts were considered during the assessment of the application.

Maintenance and Access to Site

In regards to Council’s considerations for the construction and ongoing operations and maintenance, the planning permit has a condition which requires that the applicant submit a “Site Environmental Management Plan” prior to any works commencing.

Lease of Land Consultation

In regards to the leasing of land for the communication tower and equipment shelter, under Section 190 of the Local Government Act, Council must at least 4 weeks before the lease is made publish a public notice of the proposed lease. An advertisement was placed in the Star Weekly newspaper in accordance with Section 223 of the Local Government Act on 6 July 2016. The closing date for written submissions was 3 August 2016. One formal objection was received on 2 August 2016 from the Concerned Residents Group. A separate report responding to the formal objection to the Notice of Intention to Lease Land at 29-31 Windorah Drive, Point Cook to Vodafone Network Pty Ltd has been submitted for the Ordinary Council Meeting on 22 August 2016.

Policy/Advocacy

Ordinary Council Meeting

Monday, 22 August 2016

File No: 00

Item No: 6.3.1

Director City Life - Jenny McMahon

Multicultural Policy Action Plan 2015-2016 Report and Action Plan for 2016-2017

Summary

This report presents a review of the Multicultural Policy 2015-2016 Year 2 Action Plan (2015-2016) (Attachment 1) and Year 3 Action Plan (2016-2017) (Attachment 2) for adoption. The Year 2 Action Plan saw many initiatives delivered, which contributed to increase in Council’s responsiveness and confidence in working with Wyndham’s culturally diverse community. Actions also contributed to an inclusive community, that celebrate diversity and build identity. The Year 3 Action Plan (2016-2017) outlines how Council will continue its work internally and with community and partners to respond to the opportunities and challenges of Wyndham’s growing cultural diversity.

Attachments

1.View	Multicultural Policy - Year 2 Action Plan - Summary of Actions and Report - 2016 - printed in separate document
2.View	Multicultural Policy - Year 3 Action Plan - 2016 - printed in separate document

Officer's Declaration of Interests

Under Section 80C of the Local Government Act 1989 (as amended), officers providing advice

to Council must disclose any interests, including the type of interest.

Director City Life – Jenny McMahon

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

Manager Community Planning and Development – Kriss McKie

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

Policy & Planning Officer - Alexius Pepper

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

Key Issues

· The review of the Year 2 Action Plan (2015-2016) is now complete and is presented to Council for noting. The Year 3 Action Plan (2016-2015) has been developed and is presented for adoption.

RECOMMENDATION

That Council:

1. Note the review of the Multicultural Policy Year 2 Action Plan (2015-2016).

2. Adopt the Multicultural Policy Year 3 Action Plan (2016-2017).

1. Background

In October 2014, Council adopted the Multicultural Policy 2014-2018 which commits Council to developing and delivering annual action plans that identify and deliver activities that respond to opportunities to foster an inclusive community. The vision is to develop a city where diversity is valued and all people are supported to participate fully in community life.

In 2016 Wyndham City was the recipient of the Victorian Multicultural Award for Excellence for Local Government in recognition of the outstanding improvements made and initiatives developed to promote and strengthen multiculturalism and meet the needs of Wyndham’s diverse community. The evaluation of the Year 2 Action Plan shows Council has continued its efforts to a high standard and the Year 3 Action Plan demonstrates continued delivery of activities that deepen engagement, increase inclusion and improve service delivery.

The review of the Year 2 Action Plan (2015-2016) is now complete and is presented to Council for noting. The Year 3 Action Plan (2016-2015) has been developed and is presented for adoption.

2. Discussion

The Year 2 Action Plan (2015-2016) is now complete and the review shows a large number of actions undertaken that help build a culture of inclusion, increase access and celebrate diversity. Some of the activities that have had significant impact include:

· Libraries and Community Learning have hosted numerous events that celebrate culture, have provided bi-lingual story times, have translated their Library Guide in to Hindi, Arabic and Chinese, worked with community to select resources for diverse communities, increased the circulation of the Chinese language collection and have extended the Children’s Librarian’s visits to culturally-specific playgroups

· Arts and Culture have continued profiling artists from diverse cultural backgrounds through exhibitions, in the Residency Program, Wyndham Art Spaces and the Wyndham Art Gallery, the hosting of the Indian Film Festival, the WAR and the RACE Exhibitions and program of activities. They have supported engagement with our diverse community through exhibitions, programs, support to the Possum Skin Cloak Making Project and have provided resources and activities to support and develop artists from diverse backgrounds.

· The Wyndham Exchange program has engaged with community through the Listening Posts and the community dinners with faith leaders, the Maori and Pacifika and the Filipino community leaders.

· Community Planning and Development have run the ‘Racism. It Stops with Me’ campaign, hosted Civic Tours, and supported the development of a diverse range of community groups and organisations with grants, training and development. The Wyndham Building Blocks Community Leadership Program includes many community members from diverse backgrounds.

· The Wyndham Multicultural Business Entrepreneurs Awards Program offered training to and celebrated the contribution of recent migrants to the community and the economy of Wyndham.

· The Cultural Diversity Portfolio Committee continue to have input to council activities and the Multicultural Policy Staff Reference Group continue to meet and delivered ‘Taste of Harmony’ events to staff across five locations to celebrate Cultural Diversity Week.

The Cultural Diversity Portfolio Committee has observed benefits from the increase in the number of activities by Council in response to the diverse community. The activities observed are those that increase inclusion, reduce racism, celebrate diversity, engage with diverse communities, support groups and organisations and increase staff competency and availability of documents in other languages to support service provision to the community.

The Year 3 Action Plan (2016-2017) demonstrates new and continuing initiatives that will guide the work of many Council departments in the next 12 months. Themes that have emerged in the new plan include:

· Engaging new partners in the community in the implementation of the ‘Racism. It Stops with me’ campaign

· Supporting community members from diverse backgrounds to engage with sport, providing support activities that promote sport to the community and work with sports clubs to increase their inclusiveness

· The celebration and sharing of diverse cultures in activities such as the Seniors Festival

· Continued support of and involvement in community networks such as the Inter-Faith Network and the Wyndham Humanitarian Network

· Increasing the cultural competence and awareness of staff delivering activities to and projects with Wyndham’s diverse community through training and development

· Providing support to and increasing the number of activities and social connection for people from diverse backgrounds in community centers

· Increasing the reach of Kindergarten Services through direct contact with diverse communities and the provision of information in languages other than English

· Increasing the engagement of staff with diverse community with strategies to support connection and engagement and planning for engagement in specific activities such as the development of the Preventing Violence Towards Gender Equity Strategy where women from diverse backgrounds will be engaged

· Continuing the provision of training, development, support and grants to community groups and organisations that work with diverse communities

· Facilitate a feasibility study on behalf of State Government on the potential development of an Indian Cultural Precinct in Wyndham.

It is expected that the 2016 Census will provide data essential to provide up to date evidence for planning, service delivery and informing strategies that respond to the needs and opportunities of culturally diverse communities in Wyndham. Wyndham City staff will be able to use new data from March 2017 which can inform the development of the Year 4 Multicultural Policy Action Plan.

3. City Plan

1.3 Diversity - To foster an inclusive City where diversity is valued and where groups at greater risk of exclusion are supported to participate fully in community life.

4. Wyndham 2040 Vision

The Multicultural Policy Action Plans support the Wyndham 2040 Vision through support of the four main themes.

· People and Community:
The Year 3 Action Plan demonstrates a focus on a welcoming, friendly city free of discrimination. Many activities facilitate connecting with others, learning about diversity, celebrating community through culture and art, sharing histories and making strong connections.

· Places and Spaces:
The Year 3 Action Plan details many activities that will take place in places facilitating meeting, connecting, working together and celebrating diversity. Places include art galleries, community centres, libraries and public spaces for festivals and events. Of particular significance is the work being undertaken to realise an Indian Cultural Precinct.

· Earning and Learning:
The Year 3 Plan sees learning about Wyndham’s diversity supported through activities and networking in libraries and community centres. The Multicultural Entrepreneur Awards saw the development and celebration of migrants to the community and economy of Wyndham. The learnings from these activities continue to inform future activities.

· Leadership and Participation:
The Year 3 Action Plan supports the leadership of community in providing training and development and opportunities for participation. Community will be actively engaged to participate in decision making and supported as leaders.

5. Council Policy

The Year 3 Action Plan (2016-2017) contains actions that continue to respond to the cultural diversity of Wyndham and will guide the work of many departments of Council. It supports Council’s Community Strengthening Policy (2014) and in particular the objectives of building equality and building identity. It also assists in delivering Priority 4: An Inclusive and Resilient City in the Community Health, Wellbeing and Safety Plan 2013-2017.

6. Financial Implications

The Year 3 Action Plan (2016-2017) will be delivered within existing budgets. There is potential for actions in future years to have financial implications and these will be considered as part of the business planning process.

Some of the activities and projects identified in the Year 3 Action Plan are subject to successful grant applications including:

· The ‘West and Proud’ project that aims to share the stories of LGBTIQ people from diverse backgrounds with funding being applied for with the Office of Multicultural Affairs and Citizenship

· The ‘Youth-Led Social Marketing Campaign Against Hate’ for which The Huddle have applied for funding to the Victorian Multicultural Commission

7. Social Implications

The Year 3 (2016-2017) Action Plan promotes social cohesion through the celebration of identity and building better understanding and stronger connections in the community.

8. Community Consultation

The Year 2 Action Plan (2015-2016) and Year 3 Action Plan (2016-2017) are informed by comprehensive consultation that took place between May and August 2014 in the development of the Multicultural Policy 2014-2018. The Year 3 Action Plan 2015-2016 has also been informed by the Cultural Diversity Portfolio Committee, the Multicultural Policy Staff Reference Group, teams and units within Wyndham City and the ongoing engagement with community through the Wyndham Exchange Community Dinners.

9. Communication Strategy

The highlights, outcomes and learnings from the review of the Year 2 Action Plan (2015-2016) and the actions and opportunities to be involved in the Year 3 Action Plan (2016-2017) will be shared with the community and promoted to staff through the production of a flyer

Strategic & Town Planning

Ordinary Council Meeting

Monday, 22 August 2016

File No: C186

Item No: 6.4.1

Director City Operations - Stephen Thorpe

Planning Scheme Amendment C186 - Activity Centre Zone Schedule (car parking requirement)

Summary

Amendment C186 seeks to amend the Schedule to the Activity Centre Zone in the Wyndham Planning Scheme to remove a condition which prevents the provision of car parking at ground level.

The amendment, which is consistent with the objectives and provisions of the Werribee City Centre Structure Plan and Werribee City Centre Parking Precinct Plan, is considered a minor correction.

Accordingly, this report recommends Council seeks Authorisation from the Minister for Planning, to prepare the Amendment with exemptions from notice requirements.

Attachments

1.View

C186 - Draft Activity Centre Zone Schedule 1 - printed in separate document

Officers’ Declaration of Interests

Under Section 80C of the Local Government Act 1989 (as amended), 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 City Planning & Building - Peter Van Til

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

Principal Planning Projects Officer - Kristien Van den Bossche

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

Key Issues

· Werribee City Centre Structure Plan, and Werribee City Centre Parking Precinct Plan

· Interim parking provision

RECOMMENDATION

That Council:

1. Agree to seek authorisation from the Minister for Planning to prepare Amendment C186 to the Wyndham Planning Scheme

2. Seek exemptions from the notice requirements pursuant to Section 20(2) of the Planning and Environment Act 1987.

3. Prepare and give notice of the amendment in accordance with the Minister’s authorisation.

4. Authorise the Director City Operations to make minor changes to the amendment, that do not alter the intent of the amendment, if required.

1. Background

The amendment proposes to amend Schedule 1 to the Activity Centre Zone that applies to Werribee City Centre by removing the condition specified for ‘Car park’ (at Section 3 of the Schedule, ‘Table of Uses’) that the use “Must not be located at ground floor level along street frontages, except for entries and exits”.

A permit is currently required for the use of a Car Park. The condition makes a car park use that is located at ground level along street frontages a prohibited use. This condition was included as a mechanism to prevent inactive street frontages within the Activity Centre.

Council seeks to amend the controls to remove this condition, which will provide ability to consider proposals for car parking at ground level where appropriate The Activity Centre Zone includes a number of decision guidelines that require consideration to active uses and street frontages,

The amendment applies to the land within the Werribee City Centre Activity Centre Boundary that is zoned Activity Centre Zone and covered by Schedule 1 to the Activity Centre Zone – Werribee Principal Activity Centre.

SP_01_CITY AREA PLAN_ap__111004

Figure 1: Werribee City Centre Activity Centre Boundary (Source: Werribee City Centre Structure Plan)

Figure 2: Werribee City Centre Activity Centre Zone – Schedule 1 (Source: Wyndham Planning Scheme)

2. Discussion

The amendment is required to enable key objectives of the ‘Werribee City Centre Structure Plan’ and ‘Werribee City Centre Parking Precinct Plan’, relating to car parking provision, to be achieved. The amendment is required to remove the condition as it is restricting the achievement of key strategic parking objectives in unintended ways.

The condition that car parking “must not be located at ground floor level along street frontages, except for entries and exits” was included primarily to achieve good urban design outcomes from new private developments, through the provision of active street frontages that were not set back behind parking, however, did not consider implications for interim (car park) uses in the development of the Activity Centre, or existing at grade car parking.

The condition is overly restrictive, particularly in relation to the achievement of public car parking provision objectives within the Activity Centre, and strictly prohibits at grade car parking uses rather than providing Council as the responsible authority discretion to consider such uses where appropriate.

The ‘Werribee City Centre Structure Plan’ identifies ‘Potential Major Car Parking Facilities’ and the ‘Werribee City Centre Parking Precinct Plan’ covers these facilities in more detail. While the ultimate objective is that these large public parking facilities take the form of multi-storey structures, set above active ground level uses (such as retail premises), increased flexibility is required to enable transition towards these outcomes with interim ground level public parking.

Notably the Structure Plan and Parking Precinct Plan do not explicitly seek to prohibit ground floor car parking. The removal of the condition will still enable Council to use its discretion in permit application decisions, to ensure that poor design outcomes are avoided. Other provisions in Schedule 1 to the Activity Centre zone, include:

· The requirement for a permit for car parking as a Section 2 use

· The building design provisions under Clause 4.4 – Design and Development

· The precinct objectives in Clause 5.0 (e.g. To encourage and facilitate higher density and high activity mixed use development, featuring active shop fronts at ground level along street frontages and a mixture of residences and offices above.)

2.1 Amendment process

An Amendment to the Planning Scheme is undertaken in accordance with the requirements of the Planning and Environment Act 1987 and generally involves the following steps:

· Subject to Council’s agreement, authorisation will be sought from the Minister for Planning to prepare the amendment with exemptions from the usual notice requirements.

· Notice of the amendment will be given in accordance with the directions of the Minister’s authorisation (usually only the prescribed Ministers where exemptions are granted).

· The amendment will be returned to Council to consider submissions (if any) and to decide whether to adopt or abandon the Amendment. Where submissions cannot be resolved, an independent Planning Panel may be required. In the event notice is given to Prescribed Ministers only, it is unlikely that any submissions will be received.

· Once adopted, the Amendment will be submitted with the Minister for approval and gazetted into the Planning Scheme.

3. City Plan

2.3 Sustainable Growth - To ensure Wyndham's population growth is matched by the development of new physical, social and economic infrastructure, while protecting the City's existing assets and natural environment.

4. Wyndham 2040 Vision

Places and Spaces: The Amendment will offer diversity in the built environment and contribute to the quality of residents

5. Council Policy

The amendment is consistent with the Local Planning Policy Framework. The amendment supports the implementation of the ‘Werribee City Centre Structure Plan’, which is incorporated into the Wyndham Planning Scheme through Clause 37.08-1.

More generally, the Amendment will help to implement the objectives of the Wyndham Planning Scheme’s Local Planning Policy Framework: Clause 21.05-1 Managing Urban Growth, Clause 21.05-4 Availability of Local and Regional Employment, Clause 21.05-5 Accessible and Attractive Activity Centres.

6. Financial Implications

Council will be required to bear the costs associated with the Amendment including fees associated with any independent Panel and fees submitted to the Minister for Planning for consideration of the amendment for approval.

7. Social Implications

The Amendment will be socially beneficial by allowing for and supporting the development of a larger, more vibrant City Centre, providing improved employment, retail, residential and recreational opportunities for the community, for visitors, and future residents, employers and employees.

8. Economic/Employment Considerations

The Amendment will be economically beneficial in encouraging visitation, investment and job creation. A strong and vibrant Werribee City Centre is vital to Wyndham, as the growing Wyndham population needs access to local jobs, local attractions and a strong civic heart. The amendment will strengthen the Werribee City Centre economically by allowing for and supporting its growth.

9. Community Consultation

Ordinarily a Planning Scheme amendment would require notice in the Government Gazette, local newspapers, to owners and occupiers of affected properties (if considered detriment would

occur), and to prescribed Ministers.

Exemptions can be sought under Section 20(2) of the Planning and Environment Act 1987 whereby the Minister can remove notice requirements to be provided in the Government Gazette and in local newspapers. Notice would still be required to be sent to prescribed Ministers.

It is considered that land owners will not be materially impacted by the change to this control. Further, the ‘Werribee City Centre Structure Plan’ and the ‘Werribee City Centre Parking Precinct Plan’ were included in the Wyndham Planning Scheme as part of Amendments C150 and C151. Extensive public consultation on the Amendments C150 and C151 to the Wyndham Planning Scheme occurred during 2012. No submissions were received on this issue.

As such, it is recommended that exemption from exhibition under Section 20(2) of the Act, is sought from the Minister. Any future plans to develop a car park would still be required to be assessed and advertised as part of a planning permit application.

Strategic & Town Planning

Ordinary Council Meeting

Monday, 22 August 2016

File No: C209

Item No: 6.4.2

Director City Operations - Stephen Thorpe

Planning Scheme Amendment C209 - Dry Stone Walls

Summary

Planning Scheme Amendment C209 seeks to implement the Wyndham Dry Stone Walls Study (2015) by applying Heritage Overlays to dry stone walls of significance, incorporating a Local Policy for Dry Stone Walls and making consequential amendments to the Municipal Strategic Statement.

The Amendment was exhibited on 27 May to 3 July 2015 and received a total of seventeen (17) submissions. In August 2015, Council considered the submissions and agreed to make changes to the Amendment to resolve some of the issues raised. Seven (7) submissions remained unresolved and Council agreed to refer them to a Panel.

The Panel has now released its report which concludes that the Dry Stone Wall Study provides a sound basis for the application of the Heritage Overlay to dry stone walls. The Report recommends that Council adopts the amendment subject to changes.

This report recommends that Council split the Amendment in two parts, as a result of the recommendations made by Planning Panels Victoria and advice provided by the Department of Environment, Land, Water and Planning:

· Part 1 of the Amendment will include all walls supported by Panel for inclusion in the Heritage Overlay as well as other recommendation changes and should be adopted;

· Part 2 of the Amendment will include all C & D graded walls which will be subject to further assessment before being considered again for adoption at a later date.

Attachments

1.View	Maps of Dry Stone Walls in Study - printed in separate document
2.View	Planning Panel Report - printed in separate document
3.View	Draft Heriage Overlay Schedule (including Panel recommendations) - printed in separate document

Officer's Declaration of Interests

Under Section 80C of the Local Government Act 1989 (as amended), 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 Planning & Building - Peter Van Til

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

Principal Policy and Projects Officer Planner - Kristien Van den Bossche

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

Key Issues

· Planning Panel report.

· Split Amendment.

RECOMMENDATION

That Council:

1. Adopt Planning Scheme Amendment C209 (Part 1) pursuant to section 29 of the Planning and Environment Act 1987 with the following changes, as recommended by Panel:

a) Remove individual submitters’ walls as recommended by Panel for removal;

b) Exclude the remaining C & D walls from HO134 for further assessment (deferred to Part 2); and

c) Include the group of walls in Little River bound by Flinders Street, Rothwell Road and McLeans Road in its own precinct, and prepare a new Statement of Significance for this precinct.

2. Submit the adopted Amendment C209 (Part 1), together with the prescribed information, to the Minister for Planning for approval pursuant to section 31 of the Act.

3. Agree to undertake further work on walls in Planning Scheme Amendment C209 (Part 2) to update the Statement of Significance for these walls and to address Panel’s concerns.

4. Undertake informal consultation with affected landowners as part of Planning Scheme Amendment C209 (Part 2) as to the proposed changes to the Statement of Significance.

5. Authorise the Director of City Economy, Innovation and Liveability, to make minor changes to the amendment, that do not alter the intent of the amendment, if required.

1. Background

Planning History

· In October 2013 Planning Scheme Amendment C86 was gazetted. The Amendment applied a Heritage Overlay (HO) to sites of local heritage significance in Wyndham. The Panel for C86 recommended dry stone walls be included in the Schedule to Clause 52.37 (Dry Stone Walls and Post Boxes) of the Wyndham Planning Scheme on an interim basis, while a comprehensive study of all dry stone walls was prepared. The Schedule to Clause 52.37 was amended to include all land in Wyndham as part of the approval of Amendment C86.

· Biosis Pty Ltd, a qualified heritage consultant, was engaged to identify, record, assess and provide management recommendations for dry stone walls in Wyndham. Biosis prepared the Wyndham Dry Stone Wall Study which makes recommendations on suitable planning controls for the protection of dry stone walls, including the application of a Heritage Overlay (HO) over precincts, extending existing HOs to include dry stone walls, and introduction of a local Dry Stone Wall Policy (Clause 22.07).

· In February 2015 Council adopted the Wyndham Dry Stone Wall Study (2015) and resolved to initiate and exhibit Planning Scheme Amendment C209 to implement the study.

· Amendment C209 was publicly exhibited between 27 May and 3 July 2015. A total of seventeen (17) submissions received.

· In August 2015 Council resolved to adopt a position of support for changes to the Amendment to resolve some submissions, and to refer the seven (7) remaining unresolved submissions to a Planning Panel.

· The Panel’s report was received in December 2015.

Dry Stone Wall Study (2015)

The purpose of the Dry Stone Walls Study is to identify record, assess and provide management recommendations for dry stone walls in Wyndham. The Study found that dry stone walls in Wyndham are of historical and aesthetic significance, and in some cases, of social and archaeological or scientific significance.

The Study identifies more than 625 discrete sections of dry stone wall, comprising over 300 kilometres in total length, with over 250 kilometres still standing. The walls were ranked A-E based on integrity and significance. One third of the total sections of wall identified, have either been removed or exist only as remnants (graded E). Of the remaining 417 sections (classified A to D), 162 (or 39%) are assessed as either A or B, and 255 walls are assessed as C or D.

Refer to Attachment 1: Maps of Dry Stone Walls in Study.

Wyndham Planning Scheme controls

Clause 43.01 Heritage Overlay (HO) is a planning control which seeks to conserve places of cultural significance. The application of the Heritage Overlay over a dry stone wall will require a planning permit for demolition, works, external alterations and repairs and maintenance which change the appearance of the heritage place.

Clause 52.37 (Post Boxes and Dry Stone Walls) is a planning control which was developed to protect dry stone walls, where Councils had not undertaken a study to identify walls or analyse their significance.

Wyndham’s Dry Stone Wall Study recommended the use of Clause 52.37 as the mechanism to protect walls in the municipality which were not identified within a Heritage Overlay precinct.

During preliminary discussions, planning officers were advised by the Department of Environment, Land, Water & Planning (DELWP) on 1 April 2015, that all dry stone walls requiring protection in the Study should instead be covered by the Heritage Overlay.

DELWP would not support the ongoing use of Clause 52.37 as this was originally offered as an interim blanket control where Councils had not undertaken a dry stone wall study. Consequently, Council officers altered the Planning Scheme Amendment in line with the Department’s advice prior to public notification.

Places that share a common history and/or significance but which do not adjoin each other or form a geographical grouping may be considered for treatment as a single heritage place, or serial listing. Amendment C209 was exhibited with the use of a Heritage Overlay over remaining walls, which were not a within specified Heritage Overlay precinct, through the use of a serial listing (HO134), in lieu of the Schedule to Clause 52.37.

2. Discussion

2.1 Planning Panel Recommendations

The Planning Panel considered the submissions to Amendment C209 at a hearing on 25 November 2015.

The Panel’s report acknowledged the potential loss of cultural heritage due to the rapid urban development in the City of Wyndham, and concluded that the Amendment was well founded and implements the relevant sections of the State and Local Planning Policy Frameworks. It provided in-principle support for the Amendment, and that subject to recommendations in the Panel report, the Amendment should be implemented to further conserve and protect dry stone walls in the municipality.

The Panel considered the submissions with the key issues raised summarised as:

· Disagreement about the heritage significance of individual dry stone walls.

· Support for the inclusion of particular dry stone walls.

· Concern about imposition of financial and administrative burdens.

· The Heritage Overlay is redundant given other controls on particular sites.

Overall, the Panel supported the use of the Heritage Overlay to defined dry stone wall precincts, walls relating to existing heritage places and to the most significant of the individual walls; however, it did not support the inclusion of all historic (pre‐1940) walls in the overlay through the use of a serial listing as proposed by HO134.

The Panel’ recommendation was to adopt the Amendment as exhibited subject to the following changes:

· Delete all walls classified as C or D in the Wyndham Dry Stone Walls Study (2015) from the proposed Heritage Overlay HO134;

· Check the mapping to ensure the heritage overlay includes all walls listed in the Statement of Significance;

· Consider creating a new precinct 'Little River Farmers Common South' to cover the walls south of Little River township in the block bounded by Flinders Street, Rothwell Road and McLeans Road;

· Delete the Heritage Overlay from previously agreed to properties (as per Ordinary Council Meeting – August 2015 resolutions);

· Correct an administrative error in the Schedule to the Heritage Overlay; and

· Revise Local Policy at Clause 22.07: Dry Stone Walls to improve usability.

Refer Attachment 2 for the full report.

Issues relating to specific properties

The Panel heard from individual submissions about the proposed Heritage Overlays for walls on their specific properties. The Panel concluded in each instance, that:

· Where walls were graded C or D and within Heritage Overlay HO134, that an overlay should not be supported for these walls.

· Where walls were graded A or B, the Panel recommended that the Heritage Overlay be retained.

· Where walls were approved for removal via a permit, or if they were not longer present at the property, they should also be removed from the Amendment.

It is recommended that the Panel’s recommendations in relation to these specific individual submitters’ walls be supported.

Financial and administrative burdens

The Panel noted that in relation to planning permit applications and amendments, there is a long held view in case law that property valuation is not a valid consideration. No submission or evidence was provided to indicate the extent of any specific financial hardship.

The Panel acknowledged that in some cases additional costs are likely to be incurred, as generally occurring with planning permit applications for all heritage structures, and this was considered acceptable. The Panel considered that costs associated with the permit process under the Heritage Overlay should not be so significant as to outweigh the broader community objectives being pursued in the Amendment.

Statements of Significance as an Incorporated Document

The Panel believes that the Statements of Significance for the dry stone wall precincts should be included as an Incorporated Document in the Planning Scheme, rather than as a reference document. The Panel suggests that Council should consider incorporating the document through a future amendment.

Heritage Overlay (HO134) for C & D walls

A significant proportion of the discussion at Panel related to the use of a serial listing for dry stone walls (HO134). Submissions opposed the introduction of an overlay on the basis that the requisite level of significance has not been established.

Practice Note PN01 ‘Applying the Heritage Overlay’ requires comparative analysis to substantiate the significance of each place proposed for heritage controls. The Study noted that qualifiers have been used in the assessment of the relative significance of dry stone walls. The Panel felt this is not reflected in the Amendment, which proposed a blanket approach.

The Panel supported the use of a serial listing, which it felt had benefits over Clause 52.37 (particularly in terms of transparency and public understanding) but believed it should be applied selectively. The Panel believed it is appropriate to provide blanket protection only in limited areas where clear historical and geographical associations justify such an approach. It felt the Study does not provide sufficient support for inclusion in the Heritage Overlay of all walls, whatever their integrity and intactness, when they are not in a precinct.

Within defined precincts, the Panel accepted that landscape heritage values are important and that groups of walls have a common historical significance and visual relationship with one another, and that walls of lower integrity assessed as C or D can be seen as contributory to the overall assemblage of walls. However, outside the precincts, the Panel believed that the overlay should be applied only to those walls that are assessed as being significant in their own right.

In the absence of any more detailed information or evidence that might assist in establishing a threshold, the Panel was of the view that only those walls classified as either A or B warrant inclusion in HO134. The Panel therefore recommended that the C & D walls be removed from Heritage Overlay 134, which would result in the loss of 255 walls (or 34.28% of existing walls) being afforded any protection from planning controls.

Preliminary discussions with the heritage consultant indicates that it is likely subject to further assessment of the C & D walls, that precincts could be identified for some of the C & D walls and the Statement of Significance could be updated. This would address the concerns of Panel and the walls could be eligible for the Heritage Overlay.

It is recommended that the C & D walls from HO134 be deferred for further assessment. Walls that were individually discussed at Panel and recommended for removal should not be included in any further assessment, and should be removed as per Panel’s advice and the submitters’ expectations.

2.2 Recommendation

Section 27 of the Planning and Environment Act 1987 requires Council to consider the panel’s report before deciding whether or not to adopt the amendment. Section 29 of the Act, allows Council to adopt part of an amendment.

Panel’s support for the inclusion of C & D walls in proposed precincts or existing Heritage Overlay places provides strong indication that, if scope can be found under the existing Study to develop new Statements for individual or small groups of C & D walls in the Heritage Overlay 134, then the Study could be amended accordingly to support their inclusion in the Heritage Overlay.

In considering the Panel’s commentary around the removal of the C & D walls, it is recommended that the Council split the amendment into two parts as follows:

Part 1 Including all aspects of Planning Scheme Amendment C209 as exhibited, but amended as per all Panel’s recommendations, excluding the C & D walls and including the group of walls in the Little River precinct as their own precinct. This amendment would include mapping, an amended Heritage Overlay Schedule, updates to the Municipal Strategic Statement and inclusion of a Local Policy for Dry Stone Walls.

Part 2 Including all C & D walls recommended by Panel for exclusion from the heritage overlay. These walls will be subject to further heritage assessment, and Statement of Significance updated to see which walls can be including in smaller precincts, or have individual significance. Once these Statement of Significance has been updated, these will be recommended for inclusion in a Heritage Overlay and considered for adoption.

The Department of Environment, Water, Land and Planning (DELWP) advised that it supported this approach by email to Council on 22 July 2016 which stated:

Consistent with Panel recommendation 1, Council should adopt C209 in part (pursuant to section 29(2) of the Act), with changes (omitting those walls classified as C and D). Stage1 (A and B walls) would then be able to be submitted for approval.

· Stage 2 (C/D) walls would remain un-adopted, but open to further investigation by Council. Further to Panel's comments on the matter, this may involve providing a more rigorous threshold of significance for these walls. Once this further work has been completed, Council may consider Stage 2 for adoption. Informal consultation with those properties affected by Part 2 would be considered appropriate. If there are any contentious comments received due to informal consultation, once adopted and submitted to the Minister for approval, the Minister may decide to direct council to undertake further notice.

· Clause 52.37 would still apply to those walls specified in the schedule, including the C and D walls, until this further work was complete.

The benefits of this approach are that a proportion of walls identified in the Study will be included in the Heritage Overlay and be afforded appropriate protection. The balance of the walls will be subject to the interim protection of Clause 52.37 while further work is done to satisfy the Panel’s concerns.

Refer to Attachment 1 (Figure 2) which shows the extent of C & D walls in the municipality most of which are affected by the removal from the Heritage Overlay.

3. Options

There are two other options available for Council’s consideration.

Option 1: Adopt the Amendment as per Panel’s recommendations

Council could resolve to adopt Amendment C209 exactly as per Panel’s recommendation.

While this approach is the simplest approach and has the benefit of less rigor and analysis required by the Department, it would result in the removal of C & D ranked walls from HO134, a total loss of 255 walls (or 34.28% of existing walls) being afforded any protection from the Planning Scheme. These walls would not require a permit for removal.

This option is not recommended, as it will result in the loss of a significant proportion of dry stone walls being protected by the Planning Scheme.

Option 2: Adopt the Amendment as exhibited and against Panel’s recommendations

Council could resolve to adopt the Amendment generally as exhibited, subject to changes agreed to when considering the submissions in August 2015 and the changes recommended by Panel, except for the removal of C & D walls.

This option would result in the implementation of the Study as intended, and would protect all walls. Council could disagree with the Panel’s assessment that C-D walls did not meet the threshold of significance, and therefore, the Study could be implemented directly.

This option is not recommended, as the Minister for Planning will still need to approve the Amendment, and will need strong justification to go against Panel’s recommendations.

4. City Plan

The Wyndham Dry Stone Wall Study 2015 (the Study) has been prepared to meet strategic objectives contained within the City Plan and the Wyndham Planning Scheme, by recognising, building public awareness and appreciation, and encouraging retention and enhancement of Wyndham’s heritage. This work is included as an action item of the 2013 - 2017 Wyndham City Plan.

5. Council Policy

The Amendment is consistent with the Local Planning Policy Framework, particularly Clause 21.06‐1 (Urban Environment) which notes that: “The siting and design of development needs to consider character and local heritage values...”

Clause 22.05 Heritage Conservation Policy notes that: “Wyndham’s landscape has experienced major changes in the past few decades with rapid growth in the areas of residential development and industry. However, many of Wyndham’s heritage places consist of remnants of the municipality’s rural beginnings and early settlement of the Western Plains. The protection and management of these significant heritage assets helps our understanding of the past, enriches the present and will be of value to future generations …”

6. Financial Implications

Provision of resources to progress the current Amendment has been made in the 2015/2016 budget. There are additional costs associated with the assessment of the C and D classified walls, as well as resources required for informal consultation. This is anticipated to cost approximately $15,000 (incl. GST)

In terms of financial implications for owners of heritage properties, where a planning permit is required for works to a site covered by a Heritage Overlay or Clause 52.37, statutory planning application fees will apply. Applicants may need to obtain the advice of a heritage advisor when proposing works to a wall.

7. Social Implications

The amendment will have positive social benefits for the Wyndham community as it seeks to protect and manage dry stone walls, which embody an aspect of the history and culture of Wyndham for future generations .Protection and promotion of heritage contributes to a sense of community identity allowing residents to relate to their past. Continued pressure from development will result in the loss of an important part of the community’s heritage.

8. Environmental Implications

It is not anticipated that the amendment will have any negative impacts on the environment. The retention of dry stone walls in the landscape can have positive implications for the environment as these walls often provide habitat for local fauna.

9. Economic/Employment Considerations

The amendment will introduce planning scheme controls that seek to protect dry stone walls. There are costs associated with the removal or relocation of dry stone walls which will need to be factored into the overall costs of development.

10. Community Consultation

Amendment C209 was publicly exhibited in accordance with the requirements of the Planning & Environment Act 1987 between 27 May and 3 July 2015. This consisted of sending letters to owners and occupiers directly affected by the amendment, notice in the local newspapers and Government Gazette as well as online material.

A total of seventeen (17) submissions were received. While no submission categorically opposed the Amendment, twelve (12) submissions requested changes in the form of the deletion of the Heritage Overlay from properties. Four (4) submissions fully supported the Amendment.

Based on the submissions received, Council agreed to make changes to Amendment C209 to satisfy some of the submitters. Seven (7) submissions remained unresolved and were referred to a Planning Panel to be heard.

Part 2 of the Amendment will be subject to further informal consultation with landowners, advising of the additional assessment being undertaken and where appropriate, updated Statement of Significance for walls on their property.

Strategic & Town Planning

Ordinary Council Meeting

Monday, 22 August 2016

File No: C211

Item No: 6.4.3

Director City Operations - Stephen Thorpe

Planning Scheme Amendment C211 - Corrections and Redundant Controls

Summary

This Amendment was first reported to Council at the Ordinary Meeting of 23 May 2015 whereby Council adopted the recommendation to seek authorisation from the Minister to prepare the Amendment.

The Amendment proposes to:

· Remove redundant Development Plan Overlays (DPOs) from several areas within the municipality that have largely been developed in accordance with approved Development Plans and where the DPO control is no longer required.

· Delete the Design and Development Overlay Schedule 9 (DDO9) that is currently applied to the Tarneit Road and Sayers Road precinct on the planning scheme maps. This is because the provisions under Schedule 9 expired on 30 June 2016.

· Make other proposed minor corrections at Clause 21.01 Municipal Profile and Clause 22.01 Non Residential Uses in the Residential Policy.

The amendment was exhibited and seven (7) submissions were received, five (5) in support and two (2) opposing. At the Ordinary Council Meeting of 23 May 2016, Council resolved to refer the amendment to a Planning Panel to consider the opposing submissions.

The Panel convened on 6 July 2016 and the Panel Report was received at Council on 27 July 2016 recommending Amendment C211 be adopted. This report recommends that Council adopts Amendment C211 as per Panel’s recommendation.

Attachments

1.View

Panel Report Wyndham C211 - printed in separate document

Officers’ Declaration of Interests

Under Section 80C of the Local Government Act 1989 (as amended), 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 Planning & Building - Peter Van Til

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

Senior Planning Projects Officer - Maree Phillips

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

Key Issues

· Redundant, expired and corrected provisions

· Panel Report

RECOMMENDATION

That Council resolve to:

1. Adopt Amendment C211, in accordance with the recommendations of the Planning Report, dated 27 July 2016.

2. Submit the adopted amendment to the Minister for Planning in accordance with Section 31 (1) of the Planning and Environment Act 1987 for approval.

1. Background

Council Officers undertook a review of the extent of the Development Plan Overlays in the Wyndham Planning scheme to identify those areas where the overlay is no longer required because the land has been developed.

The Amendment is required to remove the overlays from the Planning Scheme after the last review.

The Amendment also seeks to remove other redundant provisions and make minor corrections, including:

· Deletion of the Design and Development Overlay Schedule 9 that applies to the Tarneit and Sayers Road Precinct. The overlay expired on the 30 June 2016.

· Correct errors identified in Clause 21.01 – Municipal profile and Clause 22.01 – Non-residential uses in the residential Zones Policy.

At the Ordinary Council Meeting of 28 September 2015, Council resolved to seek authorisation from the Minister for Planning to prepare Amendment C211 and to seek exemptions from the notice requirements pursuant to Section 20(2) of the Planning and Environment Act 1987.

The Amendment was exhibited from the 28 January 2016 to 15 February 2016. Seven submissions were received, two of those opposed the amendment.

At the Ordinary Council Meeting of the 23 May 2016, Council resolved to refer the opposing submissions to a Planning Panel. The Panel met on the 6 July 2016 and Council officer’s presented their submission. No submitters attended.

2. Discussion

Redundant, expired and corrected provisions

Development Plan Overlays have become redundant due to the development of the areas in the municipality where they are applied. As the areas relating to the Development Plan Overlays have been developed, the purpose of the Overlays has been fulfilled and the removal from the Wyndham Planning Scheme is achieved through Amendment C211.

The Amendment will also remove the Design and Development Overlay Schedule 9 that applies to the Tarneit and Sayers Road Precinct, the Schedule was an interim control put in place by Amendment C184 and expired on the 30 June 2016.

The Amendment also corrects errors in Local Planning Policy, Clause 21.01 and Clause 22.01.

Submissions

The amendment was prepared and exhibited in accordance with the requirements of the Act, and a total of seven (7) submissions were received. Five (5) submissions supported the amendment, but two (2) submissions received from the same person opposed:

· Removal of the Development Plan Overlay from the Sanctuary Lakes estate.

· Removal of the interim Design and Development Overlay, expired on 30 June 2016, from the Tarneit & Sayers Road Precinct

In both cases, the submitter did not state why the controls should remain, but wanted to ensure that they were involved in the process. Discussions directly with the submitter have not been able to alleviate their concerns sufficiently to withdraw the submissions.

In order to satisfy the submissions, Council would have had to retain the overlays on the land. As these controls are considered redundant, the approach was not appropriate. Accordingly, Council referred the submissions to a Planning Panel.

Panel Report

Planning Panels considered the amendment and has now issued a report outlining its recommendations to Council. Pursuant to Section 27 of the Planning and Environment Act 1987, the planning authority must consider the Panel’s report before deciding whether or not to adopt the amendment.

The Panel agreed with Council that where Development Plan Overlays (DPOs) do not specify enduring development requirements, they have often served their primary purpose once development has been completed.

Further the Panel report highlights:

“…as Council submitted, removal of DPOs actually facilitates third party influence over future development and this is appropriate once the area is established and the DPO has ‘done its work’. Like in other established areas, the residents of new neighbourhoods should have a voice in how their area evolves.”

The Panel’s report, received on the 27 July 2016 notes that:

· The proposed removal of DPOs is appropriate in areas where the development plan has been implemented.

· The reinstatement of third party rights resulting from the removal of DPOs is appropriate to allow residents to influence how their neighbourhoods evolve.

· It is appropriate to delete DDO9, which was an interim overlay that has now expired.

The Panel has considered the details of the submissions and has recommended that Council adopt Wyndham Planning Scheme Amendment C211 as exhibited.

Adoption of Amendment

Council has now fulfilled its requirements to give notice, review submissions and consider any report of the Panel as required under the Planning and Environment Act 1987. Council must now decide whether or not to adopt the amendment, with or without changes.

Given the support for the amendment as Council prepared and exhibited, it is recommended that Council adopt Amendment C211 without changes in accordance with Section 29 of the Act.

An adopted amendment must be submitted to the Minister for approval under Section 31(1) of the Act. Once the amendment is approved, notice will be published in the Government Gazette and the amendment will take effect.

3. City Plan

2.3 Sustainable Growth - To ensure Wyndham's population growth is matched by the development of new physical, social and economic infrastructure, while protecting the City's existing assets.

4. Council Policy

The Amendment will improve the functionality and operation of the Wyndham Planning Scheme by ensuring that Planning controls are appropriately applied. The removal of redundant provisions and correction of errors will improve the operation of Council Policy under the scheme.

5. Financial Implications

Council is required to pay the costs associated to the appointment of the Panel as well as the approval fees of $798 made payable to the Minister for Planning/

6. Social Implications

The removal of the DPOs will have a positive impact on residents by restoring their right to be formally notified of planning applications within these areas and to review Council’s decision at VCAT.

7. Environmental Implications

No direct environmental implications arise from this amendment to the planning scheme. Indirect implications are undetermined, however the reinstatement of third party rights provide a transparency which may ease environmental impacts on residents.

8. Economic/Employment Considerations

The Amendment will not have any significant economic or employment implications

9. Community Consultation

Authorisation was given without exemptions to the notice requirements of Section 19 of the Planning and Environment Act 1987.

All affected owners and occupiers in the Sanctuary Lakes areas were notified due to the Ministers Office refusing exemption as they had been made aware of a potentially affected party wishing to submit on the Amendment.

Council relied on the requirements of subsection1A of the Planning & Environment Act 1987 in all other instances where owners and occupiers were affected, and published notices of the Amendment in local newspapers.

Notice was also given to Prescribed Ministers and by publishing a notice in the local newspapers and the Government Gazette. A copy of the Amendment was also made available for inspection at Councils main office in Werribee and Councils website.

Council has considered all submissions, and those which have been unresolved have also been reviewed by an independent Panel. The independent Panel considered these submissions and determined that Amendment C211 should be adopted in the form it was exhibited.

Other Reports

Ordinary Council Meeting

Monday, 22 August 2016

File No: 00/00/00

Item No: 6.5.1

Director City Operations - Stephen Thorpe

Enforcement of the Building Act 1993: Municipal Building Control Intervention Filter Criteria Guideline 2015

Summary

Council frequently receives complaints from members of the public regarding building work that is being or has been carried out, for which a private building surveyor has been appointed to issue a building permit for building works. The handling of these complaints has generally been carried out by Council’s Municipal Building Surveyor and its Building Department on an ad hoc basis.

The Victorian Municipal Building Surveyors Group Inc. (VMBSG) recognised the need to adopt a consistent approach to deal with such complaints and developed the Municipal Building Control Intervention Filter Criteria Guideline (Filter Criteria). The Filter Criteria utilises a risk assessment applying the principles of AS/NZ 4360 identifying standardised responses to complaints from the community where a private building surveyor has been appointed.

The Filter Criteria recognises that Council has a duty of care to the public with regard to potentially dangerous situations which it can remedy or cause to be remedied. In those circumstances the Filter Criteria recommends Council staff taking action to remove the danger.

It is anticipated that the Filter Criteria will, if adopted, streamline the complaint handling processes. The referral of appropriate cases to the Building Practitioners Board and the Victorian Building Authority will also allow those bodies to more readily carry out their functions under the Building Act 1993.

Attachments

1.View

Municipal Building Control Intervention Filter Criteria Guideline 2015 - printed in separate document

Officers’ Declaration of Interests

Under Section 80C of the Local Government Act 1989 (as amended), 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 Planning & Building - Peter Van Til

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

Municipal Building Surveyor / Co-ordinator Building Services - Alan Cocks

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

Key Issues

· For Council to consider adopting a policy with regard to its responsibilities under the Building Act 1993 in circumstances when it receives a complaint where a private building surveyor has been appointed by or on behalf of the owner of a property to issue a building permit for building work on properties within the Wyndham municipality.

RECOMMENDATION

That Council adopts the Municipal Building Control Intervention Filter Criteria Guideline for Council’s Administration and Enforcement of Parts 3, 4, 5, 7 and 8 of the Building Act 1993 and Building Regulations 2006 in circumstances where a private building surveyor has been appointed to carry out functions.

1. Background

Council under section 212 of the Building Act 1993 ('the Act') is responsible for the administration and enforcement of specified parts of that Act and the whole of the Building Regulations 2006 ('the Regulations') within its municipal district. As with many other responsibilities, Council has the ability to determine how it will carry out these functions having regard to competing obligations and resources.

Since 1994 property owners have had a choice when obtaining a building permit to engage Council or a private building surveyor. The building surveyor (private or municipal) who issues the building permit is generally responsible for ensuring that the building work (including new constructions, demolition, alterations, extensions and protection works) complies with the requirements of the Act and the Regulations.

The Victorian Building Authority is a state statutory authority, which has various powers under the Act to intervene in circumstances where a private building surveyor is appointed. These powers include the ability to issue directions to the private building surveyor, enforce orders made by the private building surveyor, prosecute persons for non-compliance with orders issued by the private building surveyor and to utilise all the powers that a municipal building surveyor has in certain circumstances.

The Building Practitioners Board is the registration body for persons working in the building industry. All building surveyors (both private and municipal) must be registered with that Board. The Building Practitioners Board is empowered to conduct disciplinary proceedings in respect of any registered building practitioner who may have not carried out their responsibilities correctly.

The legislative framework clearly shows that responsibility for supervising building surveyors rests with the Victorian Building Authority and the Building Practitioners Board. Council frequently receives complaints from members of the public regarding building work that is being or has been carried out, for which a private building surveyor has been appointed. The complaints may include situations in which there is a real risk of danger to persons or property or may be regarding administrative and compliance matters or matters relating to the siting of buildings and /or structures. The handling of these complaints can sometimes represent a significant expenditure of Council resources.

2. Discussion

Since the introduction of the private permit issuing system in July 1994 the ongoing problems associated with handling such complaints have generally been carried out by the Municipal Building Surveyor on a case by case basis. The Victorian Municipal Building Surveyors Group Inc. undertook to develop a system to classify and manage those complaints. The system has been titled Municipal Building Control Intervention Filter Criteria ('the Filter Criteria'), which utilises a risk assessment matrix and identifies standardised responses to complaints from the public where a private building surveyor has been appointed.

2.1 Filter Criteria

The Filter Criteria recognises that Council has obligations to the public with regard to dangerous situations which it can remedy or cause to be remedied. Where a danger exists and Council officers are aware of that danger, a lack of action on the part of Council could result in a claim against Council if innocent persons were to suffer loss or injury. This is regardless of whether a private building surveyor is or has been appointed. In those circumstances the Filter Criteria recommends Council staff taking action to manage or remove the danger.

Currently there is no Council policy as to when Council and the Municipal Building Surveyor should intervene. However, Council's Municipal Building Surveyor has operated in a similar manner to the Filter Criteria.

As Council has the ability to determine the level of intervention, Council and the Municipal Building Surveyor could intervene on every building permit issued by private building surveyors (absolute audit and enforcement) or manage intervention by policy (the Filter Criteria) or do nothing.

In respect to each of these approaches:

· Total intervention - would be extremely difficult as not all information used by the private building surveyor to assess an application for building permit is lodged at Council. It would also mean a dramatic increase in staff, which may not be possible. Intervention if not limited by policy would increase liability and create the impression that private building surveyors can wait until Council intervenes rather than having to meet their responsibilities.

· Managed intervention - when a danger is identified and action is taken to suitably reduce the risk is the current approach taken by the Municipal Building Surveyor. This approach is laid out in the Filter Criteria.

· Nil Intervention - is not an option as Council and the Municipal Building Surveyor may be seen to have neglected exercising their powers or duty of care.

The managed intervention approach is the most practical and addresses risk management in a methodical manner.

A key value in the Filter Criteria is the deterrent created by the existence of the referral process to the Victorian Building Authority and the Building Practitioners Board. This could be widely publicised so that the public and practitioners would be aware of the process should their actions or inaction be deemed irresponsible.

The adoption of a policy allows Council and the Municipal Building Surveyor to determine the appropriate action when someone suffers damages, having regard to competing obligations and limited resources.

3. City Plan

3.1.1 Community - To assist local residents to enhance their health, wellbeing, safety and independence through the delivery of a range of services.

3.2 Customer Service - To be a Council easy to do business with by gaining a better understanding of needs and expectations, delivering our service commitments while continually striving to improve our customer-focused culture.

4. Wyndham 2040 Vision

· People and Community:
The adoption of this Filter Criteria will ensure clarity of functions and responsibilities to investigating staff and the community supporting good customer service together with improving the safety of people in their homes or other buildings within the municipality.

5. Council Policy

No enforcement policy.

6. Financial Implications

There would be no budgetary implications with the adoption of the Filter Criteria. There may be a slight increase in the preparation of paperwork to private building surveyors, complainants and referrals to the Victorian Building Authority but this will be covered by the current resource level.

7. Social Implications

The adoption of the Filter Criteria will deliver a clearer and more responsive customer service to the community.

8. Environmental Implications

Nil

9. Options

Council and the Municipal Building Surveyor could intervene on every building permit issued by private surveyors, manage intervention by the Filter Criteria or do nothing. The managed intervention approach is the most practical and addresses risk management in a methodical manner.

10. Community Consultation

Community consultation is not considered necessary in this instance.

11. Communication Strategy

A media release can be arranged on the adoption of the Filter Criteria.

Other Reports

Ordinary Council Meeting

Monday, 22 August 2016

File No: 0

Item No: 6.5.2

Director City Transformation - Steven Lambert

Notice of Intention to Lease Land at 29-31 Windorah Drive Point Cook (Featherbrook Reserve) to Vodafone Network Pty Ltd

Summary

Council resolved at the Ordinary Council Meeting held on 22 February 2016 to grant a planning permit (WYP8591/15) to Vodafone Network Pty Ltd for the use and development of the land for a telecommunications facility within the Featherbrook Reserve located at 29-31 Windorah Drive, Point Cook, subject to conditions (Refer attached Location Plan and Aerial Photograph). The land is zoned PPRZ (Public Park and Recreation Zone).

Prior to granting the permit, the proposal was assessed against the relevant provisions of the Wyndham Planning Scheme and the Planning and Environment Act 1987.

During the advertising process residents were invited to inspect the proposal and all supporting documentation. No objections were received during this period.

A planning permit for the proposal was approved by Council at their meeting held on
22 February 2016. A permit was issued on the 3 March 2016. The rights for appeal under the Planning and Environment Act have passed and Council is not able to revisit the decision.

On 23 May 2016, Council considered leasing part of the land to Vodafone Network Pty Ltd at 29-31 Windorah Drive Point Cook for the installation of a telecommunications facility.

At this meeting Council resolved to:

(a) authorise its officers to publish a public notice of the proposed lease, providing any person the right to make a submission regarding the proposal under section 223 of the Local Government Act;

(b) consider any submissions received and make a decision regarding the application, having considered all relevant matters including any submission(s) received.

(c) If no submissions are received:

i. Council Officers are to finalise a lease in accordance with the Local Government Act which is specific to the subject land, to Vodafone Network Pty Ltd for a term of 20 years at a commencing rental of $18,000 per annum plus GST with 4% annual increases;

The CEO is authorised to sign the lease on behalf of Council.

A public notification process must be undertaken in accordance with the requirements of Sections 190 and 223 of the Local Government Act; any submissions received in response to the public notification process must be considered by Council, and appropriate resolutions made prior to any lease being executed. If no submissions are received the lease may be finalized subject to Council approval and any related requirements.

A hearing of the submission was requested by the Concerned Residents Group and a hearing was held in Council Chambers on Monday 8 August 2016 with nominated representatives of the Concerned Residents Group.

This report responds to the main issues raised by the Concerned Citizens Group and seeks Council’s decision to enter into a lease with Vodafone Network Pty Ltd for this proposed facility.

Attachments

Nil

Officers’ Declaration of Interests

Under Section 80C of the Local Government Act 1989 (as amended), officers providing advice

to Council must disclose any interests, including the type of interest.

Director City Transformation - Steven Lambert

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

Manager Finance & Property - Binda Gokhale

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

Senior Property Manager - Roy Notini

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

Key Issues

· A planning permit for the proposal was approved by Council at their meeting held on 22 February 2016;

· Section 190 of the Local Government Act enables a council to lease land to any person for a term of up to 50 years;

· Section 190 of the Local Government Act also requires a council to publish a public notice of a proposed lease of council land at least 4 weeks before the lease is made, providing any person the right to make a submission under section 223 regarding the proposal. Council must consider any submissions made relating to the proposal, and make a decision.

· A formal objection to the Notice Of Intention to Lease Land at 29-31 Windorah Drive Point Cook was submitted on 2 August 2016 to Council.

RECOMMENDATION

That Council:

1. Enter into a Lease of Land with Vodafone Network Pty Ltd at 29-31 Windorah Drive Point Cook;

2. Note the submission received from the Concerned Residents Group: and

3. Authorise its officers to formally respond to the submission.

1. Background

Council resolved at the Ordinary Council Meeting held on 22 February 2016 to grant a planning permit (WYP8591/15) to Vodafone Network Pty Ltd for the use and development of the land for a telecommunications facility at 29-31 Windorah Drive, Point Cook, subject to conditions. Prior to granting the permit, the proposal was assessed against the relevant provisions of the Wyndham Planning Scheme and the Planning and Environment Act 1987. (See below Location Plan and Aerial Photograph).

Location Plan

Aerial Photograph

The Planning and Environment Act 1987 requires advertising to be undertaken by means of letters to adjoining owners and occupiers and a sign placed on site.

During the advertising process residents were invited to inspect the proposal and all supporting documentation. No objections were received during this period.

A permit was issued on the 3 March 2016. The rights for appeal under the Planning and Environment Act have passed and Council is not able to revisit the decision.

On 23 May 2016, Council considered leasing part of the land to Vodafone Network Pty Ltd at 29-31 Windorah Drive Point Cook for the installation of a telecommunications facility.

At this meeting Council resolved to:

(a) authorise its officers to publish a public notice of the proposed lease, providing any person the right to make a submission regarding the proposal under section 223 of the Local Government Act;

(b) consider any submissions received and make a decision regarding the application, having considered all relevant matters including any submission(s) received.

ii. The CEO is authorised to sign the lease on behalf of Council.

In accordance with Section 190 of the Local Government Act Council must at least 4 weeks before the lease is made publish a public notice of the proposed lease.

An advertisement was placed in the Star Weekly newspaper in accordance with Section 223 of the Local Government Act on 6 July 2016. The closing date for submissions was 3 August 2016 and Council received one formal objection from the Concerned Residents Group.

Most of the issues raised by the Concerned Residents Group relate to the Planning Application. A separate report entitled “ Response to Petition: Leasing of Land at 29-31 Windorah Drive, Point Cook for a Vodafone Mobile Phone Tower “ noting the concerns relating to the Planning Application has been submitted for the ordinary Council meeting for 22 August 2016.

This report focuses on the objection to the Leasing of Land at 29-31 Windorah Drive, Point Cook.

The points of concern raised by the Concerned Residents Group relating to the Objection to the proposed Notice of Intention to Lease, are as follows:

1. Loss of public amenity;

2. Unknown impacts to residents during construction and operation of the proposed Radio Mast on the proposed leased area;

3. Comprehensive Risk and Hazard Analysis demonstrating that the Public and Residents are not placed at any risk at any time;

4. Selection analysis and selection criteria clearly demonstrating why this land has been selected;

5. What other locations have been considered and why were those locations rejected?; and

6. In continuation of point 5 above what process did Council adopt in rejecting the other areas considered?

7. Valuation Impacts.

Council officers have reviewed the above concerns and using the same numbering provide the following responses:

1. The proposal is to remove an existing 30 metre high light pole owned by Council and replace it with a 35 metre high monopole (including antennae) on one site, together with an equipment shelter to be erected on the site immediately adjacent. Council’s lighting is also to be attached to the monopole. The attached photo taken from Earth Street, Point Cook provides a current view of the reserve and the existing infrastructure within and surrounding the reserve (See attachment below). No additional poles are being installed as a result of this proposal. An existing Telstra mobile tower is located some 40 metres north west of the reserve from a day care centre and a medical centre as shown on the plan. These facilities are not on Council owned land.

Photo Taken from Earth Street

2. There are strict conditions in place as part of the Planning Application requiring that construction is carried out to the satisfaction of the Responsible Authority and all care must be taken to suppress dust, noise or other emissions during construction to prevent nuisance to surrounding neighbours and works must comply with the requirements specified in the environment protection Authorities, Noise Control Guidelines Publication 1254, October 2008. These conditions will also be included in the lease document.

3. The telecommunications facility must comply to the satisfaction of the Responsible Authority with the ARPANSA “Radiation Protection Standard for Maximum Exposure Levels to Radiofrequency Fields” or such other standard as is adopted from time to time by the Australian Communications Authority.

Furthermore, the Federal Government’s primary authority on radiation protection and nuclear safety — the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) states that there is no established scientific evidence of increased health risks for people living or working near a mobile phone/NBN tower. At ground level the electromagnetic energy from the radio waves near mobile phone/NBN towers is very low, much lower than the limits in the Australian Radiofrequency Standard.

4. The planning permit was assessed against the site nominated which was 29-31 Windorah Drive Point Cook. Council can only consider planning applications placed before them on the nominated site.

5. The applicant considered (6) alternative locations in their planning report, which were subsequently not selected. The sites included:

· 238 Boardwalk Boulevard, Point Cook;

· 215 Sneydes Road, Point Cook;

· 59-61 Tom Roberts Parade Point Cook;

· 48-56 Tom Roberts Parade Point Cook;

· 63-65 Tom Roberts Parade, Point Cook; and

· 215-221 Sneydes Road, Point Cook

6. The document with the alternative sites and reason for rejection was submitted by the applicant in their “Planning Application Report” dated July 2015.

7. Valuation advice received by Council states that there are many instances where telecommunications facilities have been installed in very close proximity to residential premises with no observable impact on values.

2. Discussion

Under the provisions of Section 190 of the Local Government Act, Council may lease land to any person for a term of 50 years or less. Any lease proposal will require a public notification process to be undertaken in accordance with Section 223 of the Local Government Act. Submissions from interested parties can be made to Council for consideration. If submissions are received, Council may consider them and make a decision regarding the application, having considered all relevant matters including any submission(s) received.

Council will need to make a decision on the objection to the Notice of Intention to Lease Land at 29-31 Windorah Drive, Point Cook and provide a response to the objectors.

The proposed installation of telecommunications infrastructure at 29-31 Windorah Drive is

consistent with other facilities located within Council reserves throughout the Municipality.

These installations form part of a modern communications network that relies on infrastructure located in close proximity to population centres in order to provide an effective service to these populations.

Following the review of the concerns raised, Council has followed the required Statutory processes in relation to the Notice of Intention to Lease Land at 29-31 Windorah Drive, Point Cook.

Risk Assessment:

A decision to approve a lease may upset those residents that have lodged an objection.

A decision not to approve lease may lead to legal action by Vodafone Network Pty Ltd which may result in the ultimate construction of this facility.

3. City Plan

2.1 City Image - To enhance Wyndham's character and liveability through neighbourhood planning and civic improvement projects.

4. Council Policy

There are no specific Council policies relating to the proposal. The Local Government Act outlines the procedures required to be followed.

5. Financial Implications

The leasing of the land will realise total rent revenue of $536,000 (exclusive of GST) to Council over the proposed 20 years lease term.

6. Community Consultation

The provisions of the Local Government Act stipulate that a public notification process is to be undertaken. The public notification process has been undertaken by way of an advertisement which appeared in the Star Weekly on 6 July, 2016. The 28 day period expired on 3 August 2016. A hearing of the objection was held in Council Chambers on Monday 8 August 2016.

Other Reports

Ordinary Council Meeting

Monday, 22 August 2016

File No: 00/000/000

Item No: 6.5.4

Director City Transformation - Steven Lambert

2015/16 Budget Carried Forward to 2016/17

Summary

This report provides a listing of those operating and capital work projects budgeted for in 2015/16 that were not completed by 30 June 2016. The list also includes operating grants and contributions that have been received by Council in 2015/16 for a specific purpose that have not been spent by 30 June 2016.

Council is requested to review these and consider for inclusion in the 2016/17 budget as carried forward projects.

As part of the annual planning process, Council budgets for Capital and Operating projects. The implementation for many of these projects can span multiple years as it progresses through the project cycle.

The budget process involves making assumptions about how projects will progress and the timing when the expenditure will occur. However, delays can arise for a multitude of reasons and where a project is delayed the budgeted funding is proposed to be carried forward to the next financial year so the funds are available to complete the project.

It is proposed that the 2016/17 budget be amended to include the following carried forward amounts:

· $2,096,612 to deliver on commitments arising from unspent grants and contributions received in 2015/16;

· $1,334,986 to complete one off operating projects; and

· $20,422,568 carried forward for capital works projects.

Attachments

Nil

Officer's Declaration of Interests

Under Section 80C of the Local Government Act 1989 (as amended), officers providing advice

to Council must disclose any interests, including the type of interest.

Director Corporate Services - Steven Lambert

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

Manager Financial Services – Binda Gokhale

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

Management Accounting Co-ordinator – Alana Taylor

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

RECOMMENDATION

That Council approve the proposed amendments to the 2016/17 Budget as outlined in this report:

1. Increase operating expenditure for the following projects totalling $158,888 where
Cr Marcus has declared a conflict:

1. Cultural Precinct Master Plan Project $60,000

2. Apartment Design Guidelines – Werribee CBD $6,760

3. Werribee Wayfinding Signage Strategy $38,223

4. Public Safety Infrastructure – Station Place $6,000

5. Activity Centre Activation $47,905

2. Increasing capital expenditure for the following projects totalling $1,003,218 where
Cr Marcus has declared a conflict:

1. Werribee CBD Activation $202,155

2. Cultural Centre Upgrade $310,167

3. Wyndham Park $241,960

4. Cherry Street Car Park $248,936

3. Increasing operating expenditure by $2,096,612 for commitments resulting from unspent grants or contributions received in 2015/16 for a specific purpose that is still to be delivered;

4. Increase operating expenditure for the operating projects (in addition to item 1 above where a conflict of interest was not declared) by $1,176,098 for one off operating initiatives and projects not completed in 2015/16; and

5. Increasing capital expenditure for capital projects (in addition to item 2 above where a conflict of interest was not declared) by $19,419,350 for projects not completed in 2015/16.

1. Discussion

1.1 Unspent Operating Grants, Forfeited Bonds/Guarantees and Contributions

Operating grants, forfeited bonds and/or guarantees and contributions have been received during 2015/16 for specific purposes and not spent by the end of 2015/16. This could be due to the funding being received close to the end of the financial year or the works spanning more than 12 months. The revenue has been recognised when received in 2015/16, as required under the Local Government Accounting Regulations, but the costs have not yet been incurred. This generates a mismatch between the revenue and the expenditure for the annual financial results.

The table below shows the funds that remain unspent at the end of 2015/16 where an expenditure commitment is tied to the funds. It is proposed that the Adopted Budget for 2016/17 be amended to include the expenditure to deliver on the funding commitments listed in the table below:

Funding Description	Funding Source	2015/16 Revenue $			2015/16 Expenditure $	2015/16 Unspent $	Details
Unspent operating grants for specific purposes:
1. Healthy Together Wyndham	DHHS		1,276,139		813,382	462,757	These are the unspent funds from the State Government Healthy Together program. The funds are proposed to be carried forward to continue the most relevant programs and initiatives.
2. Hard to Locate Sports Strategy	SRV		23,188		17,522	5,666	Funds to complete the Hard to Locate Sports Strategy.
3. Koolin Balit Program	DHHS		286,545		75,470	211,075	Funding to extend the engagement of the Aboriginal Family Support Officer and the Aboriginal Community Centre Project Officer into 2016/17. Also funding to employ a Wyndham Aboriginal Community Centre Committee Project Officer for 12 months.
4. Home and Community Care (HACC) Growth Funding	DHHS		269,515		73,701	195,814	To fund the replacement of the Home and Community Care Management System. The system tender process is almost complete. The unspent funds will be used to procure and implement the system in 2016/17.
5. HACC Transition Support Payment	DHHS		30,126		0	30,126	One-off transition support payment provided to help offset the costs of the organisation incurred through the transition. eg. For IT systems, upgrades, advice, strategic planning, and communications relating to the transition.
6. HACC Minor Capital Funding	DHHS		50,000		0	50,000	Funds to be expended on minor equipment for HACC staff, in accordance with HACC guidelines.
7. Mental Health & Well Being	DHHS		204,500		0	204,500	Funding for a Regional Assessment Officer for 18 months.
8. Water Management Funding	Melbourne Water		107,250		10,670	96,580	Funding from Melbourne Water towards a number of water projects, including: investigative work & concept design for WCC’s Integrated Water Management Plan; Wyndham Stormwater Harvesting Masterplan; and Wyndham Healthier Waterways project.
9. Municipal Emergency Resourcing Program grant	LGV		9,091		0	9,091	Funds will be used to support the Emergency Relief Centre exercise scheduled for 14 July and for a conference in September 2016.
10. Supported Playgroup	DET		15,228		0	15,228	Grant to be used in 2016/17 to support the engagement of families from culturally and linguistically diverse (CALD) backgrounds into supported playgroups.
11. Best Start Program	DET		140,126		135,959	4,167	Unspent funds will be allocated to projects/initiatives approved by the Wyndham Best Start Partnership.
12. Engage! Program	DHHS		40,000		34,005	5,995	Engage! programs are run to support young people – activities include skills exchange, youth conferences & forums.
13. Western Plains South Green Wedge Management Plan	DELWP		66,666		0	66,666	Project is in conjunction with City of Melton and is to develop the Western Plains South Green Wedge Management Plan.
14. Metropolitan Organics Strategy	Metropolitan Waste & Resource Recovery Group		17,500		0	17,500	Funding towards the purchase of kitchen caddies to promote that organic waste can now be recycled in the green waste bins.
15. Hook Line & Litter Grant	Metropolitan Waste & Resource Recovery Group		3,972		0	3,972	This is the first grant instalment for the Litter Hotspots Program. Funds will be expended on publications, public art, resource materials and tools, community engagement, signs, campaign litter bags, promotional material etc
16. Pimelea Conservation on Kirks Bridge Road	Trust for Nature		25,868		6,955	18,913	Unspent funds are planned to be expended on an ecological burn off at the project site, in Spring 2016.
17. Material and Child Health (M&CH) Service Innovation Fund	DET		30,766		15,660	15,106	M&CH innovation funding to be applied towards the purchase of ipads, data collection and evaluation tools and staff education.
18. Sons of the West Program	Western Bulldogs		25,000		8,444	16,556	Funding from the Western Bulldogs Football Club to run men’s health initiative programs.
19. ANZAC Centenary	Dept of Veteran Affairs		25,335		17,319	8,016	Funds will be expended on a project in conjunction with the RSL.
20. Building Inclusive Communities	DHHS		157,399		128,581	28,817	Funding for projects to be carried out in the second half of 2016, including: International Day for People with a Disability; and Children's Week activities.
Total unspent grants						1,466,545
Unspent bonds and guarantees
21. Landscape works not completed	Developers	594,430			0	594,430	Forfeited bond and guarantee funds received where developers have not completed landscape works to specifications. Council will apply these funds towards implementing the uncompleted landscape works.
Total unspent bonds and guarantees						594,430
Unspent Contributions:
22. Wilmington Family & Friends Committee	Dissolved Kindergarten Committee			7,737	0	7,737	The Wilmington Kindergarten Committee was wound up in late 2015/16. Surplus funds were entrusted to Council with the expectation that the funds would be specifically spent to benefit children attending the Wilmington kindergarten.
23. Fencing contributions	Developers			27,900	0	27,900	50% share cost fence construction costs where a developers’ land borders a Council reserve and the fences will be constructed after the developer has received statement of compliance for that stage.
Total unspent contributions						35,637

Total unspent grants, forfeited bonds and guarantees, and contributions from 2015/16						2,096,612

1.2 One-off Initiative Operating Projects

Each year Council approves a number of one-off initiative projects based on strategic priorities. For various reasons the projects might not be complete at the end of the financial year. Where the project is continuing past the end of the financial year and there is unspent budget funding, this is ‘carried forward’ and added to next year’s budget so that there is budgeted funding available to complete the projects.

The table below shows the one-off new initiative projects from the 2015/16 operating budget that remain uncompleted as at 30 June 2016. The amount proposed to be Carry Forward to 2016/17 represents either the remaining budget or a lower amount based on current project estimates:

Project Description	2015/16 Net Budget $	2015/16 Net Actual $	Carry Forward to 2016/17 $	Details
1. Cultural Precinct Master Plan Project	80,000	0	60,000	Funding to complete a needs and feasibility analysis for the proposed Cultural Precinct in the Werribee CBD.
2. Apartment Design Guidelines - Werribee CBD	25,000	18,240	6,760	Funds to complete guidelines to inform the design of future apartments in Werribee’s CBD. The work is currently underway.
3. Werribee Wayfinding Signage Strategy	64,465	26,242	38,223	The unspent funds are proposed to be added to the $80k new budget funding in 2016/17 to complete the implementation of Werribee Wayfinding Signage.
4. Public Safety Infrastructure – Station Place	325,466	319,114	6,000	Balance of funding to complete the final aspects of the Station Place Public Safety Infrastructure project.
5. Activity Centre Activation	200,000	152,095	47,905	Unexpended portion of the first year of this two year funded project to be carried forward to continue the activity centre activation works underway, including WIFI access points and 3 phase power creation in the Werribee CBD.
6. Get Wyndham Moving (Congestion campaign)	380,000	140,257	239,743	Funds will be applied to the carpooling pilot project, level crossing removal studies, Local Mobility Solution project and Get Wyndham Moving program collateral.
7. Objective E-Learning modules	20,000	0	20,000	This project was deferred due to other priority work in 2015/16, but is still considered a priority as once implemented, Objective training can be delivered in a more cost effective manner.
8. Objective Auto File Creation	20,000	0	20,000	This initiative was dependent on completion of the Objective file plan review. The review is now 90% complete. Implementing this initiative will improve the efficiency of the Objective file creation process.
9. On-line Engagement Platform	42,000	11,332	30,668	Funding to develop an on-line community engagement platform. The project was put on hold while Council’s website was being redeveloped in 2015/16.
10. RDF Cell Works Approval	177,780	68,721	109,059	Funding for the works approval application to the Environmental Protection Authority (EPA) for future landfill cells. The application was lodged in 2015/16, but the application process will continue in 2016/17.
11. Wyndham Stormwater Management Plan – Truck Access	40,000	0	40,000	This project involves the installation of access ramps to allow safer trucks access to gross pollutant traps (GPT) when removing debris and cleaning filters. The filters serve to remove litter and sediment from stormwater which reduces pollution getting into the waterways.
12. Continuous Improvement Framework project	111,000	76,336	33,664	Funding to complete the continuous improvement framework and commence the program of work identified through the framework.
13. Facilities Emergency Management	75,000	50,328	24,672	Funding to complete the implementation of facilities management plan for each of Council’s buildings.
14. Universal Organics	718,780	72,490	104,500	$750k was originally approved to implement a compulsory organic waste collection service. The feasibility analysis determined that this initiative was not viable. Instead the green waste collection service was expanded from garden waste to include organic waste material. The proposed carry forward funds of $104.5k will be used to promote the recycling of organic waste through the green waste service. The balance of the original project funds will be returned to general Council funds.
15. Water Management	50,000	0	50,000	Funding to complete two projects identified in Council's Stormwater Management Plan; the Model for Urban Stormwater Improvement Conceptualisation (MUSIC) will standard design parameters for future wetlands, and the Wyndham City Water-Sensitive Urban Design (WSUD) project will develop a design framework for future stormwater treatment systems.
16. Hierarchy Based Landscape Provision Guidelines	75,000	29,564	45,436	Funds to complete the development of the guidelines for the provision of landscaping. The works are underway and scheduled for completion in late 2016.
17. Planning strategies and projects	294,250	125,959	168,291	Funding for consultants and planning panel fees to finalise the following strategies and projects: Neighbourhood Character Housing Strategy; Dry Stone Wall Project; Princes Hwy Urban Design Framework; and Boundary Road Industrial Design Guidelines.
18. Parking Strategy	100,000	29,800	70,200	Funding to complete the next phase of the Parking Strategy.
19. Drainage System Revaluation	80,000	0	80,000	Budgeted funding to complete a condition assessment of drainage assets to be used to revalue Council's drainage system and collect data to migrate Council’s drainage system assets into Council’s asset management system. The project was deferred from 2015/16 due to other developments of the asset management system taking priority in 2015/16.
20. Asset Strategies & Management Plans	60,000	0	60,000	Expenditure for an external comprehensive review of Council's Asset Strategies and Asset Management Plans to ensure they comply with ISO standards. Also to adequately address future asset options to deliver Council services to the community.
21. Depot Future Planning Project	50,000	3,135	46,865	These funds will be used to review future needs of the depot. Options are to be investigated to decide how best to cater for the growing community demand for services delivered from the depot.
22. Tourism & Events Strategy	25,000	0	25,000	This project was put on hold whilst the organisational restructure was underway, but will be a priority for 2016/17.
23. ‘A Unique Winter Experience’ Campaign	10,000	2,000	8,000	Funding for a campaign to boost the number of visitors to Wyndham during the months that typically have lower visitor numbers. The campaign is planned to run over the winter months and is expected to be complete by the end of August 2016.
Total Operating Projects funding proposed to be carried forward into 2016/17			$1,334,986

1.3 Capital Projects

1.3.1 Proposed 2016/17 Capital Works Budget

Adopted capital works budget for 2016/17 $100.17M

Proposed capital works from 2015/16 to be completed in 2016/17 $ 20.42M

Total proposed amended capital works budget for 2016/17 $120.59M

1.3.2 List of the proposed Capital Works Projects

The table below shows the capital projects from the 2015/16 budgeted program of works that remain uncompleted as at 30 June 2016. The amount proposed to be Carry Forward to 2016/17 represents either the remaining budget or a lower amount based on current project estimates:

Capital Projects	Budget Expenditure 2015/16 $	Actual Expenditure 2015/16 $	Carry Forward to 2016/17 $	Description of what needs to be delivered for each project
1. Werribee CBD Activation	500,000	297,844	202,155	Unspent funds are proposed to be carried forward to complete the works in 2016/17.
2. Cultural Centre Upgrade	433,974	123,807	310,167	The project will see the theatre seating and carpets renewed. The works were intended to be implemented in 2015/16, but the tender process is expected to be complete by September 2016 with installation planned for January/February 2017.
3. Wyndham Park	250,000	8,040	241,960	The development of the Wyndham Park master plan was delayed due to wider investigations into the Werribee Town Centre parking provisions, prior to commencing community consultation on the draft master plan.
4. Cherry Street Car Park	1,645,000	491,402	248,936	Savings were generated through the redesign of the car park and only the funds required to complete the works are proposed to be carried forward into 2016/17.
5. Wyndham Leisure and Events Centre Redevelopment	2,491,380	1,876,931	614,449	Unspent project budget is proposed to be carried forward to partially fund the intersection upgrade works required in the VicRoads’ planning permit conditions. The work is expected to cost close to $900k, with the funding shortfall to be managed during 2016/17 through the capital forecast process.
6. Wyndham Leisure and Events Centre Energy Efficiency	500,000	15,566	484,432	This project is partially funded by a CEEP grant. The original project brief was to install a co-generation plant at the aquatic center. Gas prices increased to an extent that the project was no longer financially viable. It has now been agreed that the CEEP grant funding can be applied towards the implementation of a large scale solar PV system. The carry forward funds will be used to install a 242KW solar PV system on the roof of the Aquapulse and Encore buildings.
7. Hummingbird Boulevard Pavilion & Car Park	1,134,898	279,367	855,531	This project was always planned to be constructed over two years. The unspent funds from 2015/16 are proposed to be carried forward and added to $1.6m of new construction funds in 2016/17. The remaining cost to complete the project is forecast to be $2.5m.
8. Clearwood Drive Pavilion & Car Park	2,680,598	2,166,211	514,000	A significant amount of rock was encountered during excavation of the car park that delayed the construction. Deliver is now expected in early 2016/17
9. Enhanced Neighbourhood Hubs Upgrade	644,880	45,773	599,107	The development of the scope of works has taken longer than anticipated for this project. The unspent funds from 2015/16 are proposed to be added to new capital works funding of $762k to complete the delivery of the works in 2016/17.
10. Truganina South Kindergarten	1,200,000	57,828	1,142,172	The design of the facility is complete and the works are currently being tendered. The unspent funds from 2015/16 will be added to $700k of new capital works funding to complete the construction in 2016/17.
11. Central Park Retrofit	120,000	0	120,000	The scope of works is still to be determined for this project.
12. Wyndham Events Centre - Fitout & Furniture	300,188	165,647	134,541	The unspent funds will be used to purchase and install digital signage in the car park, replace the stage curtains and other minor works identified since the building was occupied.
13. WSFC - Furniture & Equipment	2,018,213	1,542,598	475,614	The unspent funds will be used to complete corrective works to the Recreation Close car park entry, create storage capacity for clubs, upgrade the audio system in the group fitness rooms, implement access compliance modifications to the accessible change rooms, install an irrigation system to the landscaped areas and other minor works identified since the building was occupied.
14. Asset Management System Reimplementation	968,384	525,538	442,846	The funding will be applied towards the next phases of the asset management system implementation.
15. Vehicle Utilisation and Work Planning Support Project	250,000	50,575	199,425	Following a tender processes, the Smartrak system was selected. The carry forward fund plus $250k of new budget funding will be used to deliver the system in 2016/17.
16. Werribee Outdoor Olympic Pool - Security system upgrade	25,000		25,000	The delay in this project was partly due to the Statutory Planning fencing compliance approval process taking longer than expected. The works are now scheduled to occur at the end of the outdoor pool season.
17. Caravan Park - Park Optimisation, Security & Safety Works	195,000	19,984	175,000	This funding is to renew the electrical infrastructure that takes electricity to each powered sites at the caravan park.
18. Cobbledicks Ford Reserve Management Plan Implementation	130,000	43,383	86,617	This funding was for the first year of a four year program of works to reinvigorate the Cobbledicks Ford site, including the construction of a footbridge, carpark and toilet block. The project had been delayed at the Cultural Heritage Management Plan (CHMP) stage, with further details required. The project will now focus on the completion of a Concept Plan for the proposed infrastructure that will be incorporated into a new CHMP application.
19. Mainview Boulevard Reserve	2,324,612	72,795	500,000	The Mainview Boulevard Reserve will now be delivered as a works in kind (WIK) project by the Developer. The $500k funds proposed to be carried forward will fund the landscape works that are not included in the WIK project and that will be required once the oval and the kindergarten are constructed on the site.
20. Williams Landing Blvd Reserve - Ovals & Landscape	130,825	69,295	59,182	This funding was for the design of the oval and landscaping of the Williams Landing Boulevard reserve, with $5.7m of new budget in the 2016/17 budget to complete the construction works. The unspent funds from 2015/16 will be used to complete the design works.
21. Alison Street Park	675,342	47,391	627,851	The design of this project took longer than expected. The project is now planned to be delivered in 2016/17.
22. 1160 Sayers Rd - Masterplan	450,000	79,452	370,548	The carry forward amount will fund the development of the Master Plan for the site.
23. Regatta Cove Reserve	510,000	210,671	299,330	Funds to complete the landscape construction works at the Regatta Cove Reserve.
24. Price Reserve Playground Upgrade	200,000	17,920	182,080	The design of the Price Reserve Playground is complete and the carry forward funds will be used for the construction works.
25. Skeleton Creek Bridges & Talliver Terrace Park	1,800,000	391,553	1,408,447	The unspent funds will be added to the new capital works budget of $2m to complete the construction works in 2016/17 that commenced in late 2015/16.
26. Lawrie Emmins Reserve - Motor Cross	730,745	42,567	688,177	The carry forward funds are required for construction in 2016/17.
27. Landscape Master Plans – Forward Planning	189,395	107,396	81,999	Carry forward funds are required to complete the James Cook Drive and Landscape Drive reserve designs.
28. Playground / Park upgrade	1,065,068	696,047	346,000	To complete the renewal of : Bellbridge Park Nottingham Park Snow Gum Park
29. Galvin Park Master Plan implementation	3,600,000	3,500,750	51,469	The carry forward funds will be used to complete the establishment of the landscape works.
30. Eppalock Drive & Armstrong Road Intersection Treatment	210,000	21,914	151,995	The carry forward funds will be used for the construction works that were awarded in late 2015/16.
31. Princes Highway Service Road - (David Court to Old Geelong Road)	610,000	48,671	561,329	This project was deferred due to the scope of works changing when further works were identified. The larger scope project has been tendered and the outcome is pending. Funds in excess of the carry forward are likely to be required to complete construction and this will be managed through the capital forecast process.
32. Old Geelong Road – Service Road design	70,000	10,000	60,000	Concept plans have been finalised with the next phase being consultation with property owners.
33. Pannam Drive Reconstruction	2,625,700	706,146	814,260	The design and scope of works have been changed to suit the requirements of the site as unforeseen clashes with services and insufficient existing pavement would not cater for the original design. The carry forward funds are proposed to complete the works based on the new design and scope.
34. Congestion Campaign Project	296,230	147,270	148,960	Unspent funds to be applied towards co-funded projects with VicRoads for designs for duplication of sections of Derrimut Road, Leakes Road and Sayers Road. Other design projects are on Ballan Road at Evergreen Drive and pedestrian crossing near McGrath Road. Two active travel projects are planned to be undertaken, being the shared path on Forsyth Road and a school crossing on Chirnside Avenue. Projects will be reviewed with the Get Wyndham Moving Steering Committee before funds are committed.
35. Tarniet Road and Hogans Road Service Relocations	1,600,000	1,198,844	401,127	The Telstra, NBN and City West Water services were relocated in 2015/16. The carry forward funding relates to the relocation of Powercor assets.
36. Reconstruction of existing Leachate Pond	1,515,018	107,156	1,407,862	Funding for the reconstruction of the leachate pond to ensure compliance with EPA requirements.
37. RDF Water Mains Upgrade	350,000	0	350,000	Negotiating with City West Water on the various options that are available.
38. Land – for Ison Road	5,040,000	0	5,040,000	Funding to purchase land for Ison Road. The acquisition processes commenced in 2015/16 and is likely to be finalised in 2016/17.
Total Capital Works budget proposed to be carried forward to 2016/17			$20,422,568

Communication Strategy

Council departments responsible for the delivery of projects, which have a direct community or user impact, will continue to work with relevant groups and stakeholders to minimise any impacts from project delays.

Financial Implications

The proposed carry forward amounts will result in an increase to the 2016/17 Operating and Capital budgets. However, it should be noted that these amounts are fully funded from either the 2015/16 budget or revenue in 2015/16 and there is no adverse impact to cash requirements.

Other Reports

Ordinary Council Meeting

Monday, 22 August 2016

File No: 00001

Item No: 6.5.5

Director City Life - Jenny McMahon

Hard to Locate Sport Strategy - Draft

Summary

The purpose of this report is to seek Council approval for the Draft “Wyndham City Council Hard to Locate Sport Strategy” to be released for public consultation for a period of 28 days.

The Strategy determines how the demand for Hard to Locate Sports (HTLS) will be accommodated in Wyndham or within the wider region, and provides clear direction in regards to facility provision for Council and the HTLS providers for the next 10 – 20 years.

Attachments

1.View

HTL Sports Strategy Draft - printed in separate document

Officers’ Declaration of Interests

Under Section 80C of the Local Government Act 1989 (as amended), officers providing advice

to Council must disclose any interests, including the type of interest.

Director City Life – Jenny McMahon

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

Manager Sport & Recreation - David Semmens

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

Leisure Planning & Policy Officer - Correne Cooper

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

Key Issues

· Public Consultation

· Council support of non-mainstream sport

· Access to sport for community

RECOMMENDATION

That Council approves the Draft “Hard to Locate Sport Strategy” for public exhibition for a period of 28 days.

1. Background

The development of the “Hard to Locate Sport Strategy” arose from the need to review and appropriately plan for the provision of sports in Wyndham that have historically occupied remote facilities. Population growth, housing developments and provision for mainstream sporting facilities in Wyndham is encroaching on sports with inherent risk profiles that make it difficult for them to operate in an urban environment.

Wyndham’s Leisure Strategy actions 3.11 and 3.58 requests Council consider the location of unique leisure activities that conflict with urbanised areas.

The development of this strategy was jointly funded by Sport and Recreation Victoria ($30,000) and Council ($11,932).

Following public exhibition, amendments will be made to the draft document to reflect community/ stakeholder feedback.

The Strategy will then be presented to Council for final consideration.

2. Discussion

“Hard to Locate Sports” (HTLS) are defined as sport activities which do not traditionally or easily fit within an urban environment due to one or more of the following factors that are inherent in the undertaking of the activity; noise, dust, visual impact on amenity or safety risks (to participants or public).

There are currently a number of HTLS clubs which occupy facilities within Wyndham whose functionality is being compromised by urban expansion.

Population growth, increased housing developments and provision for mainstream sporting facilities in Wyndham is encroaching on some HTLS which have historically occupied remote facilities. This growth will also trigger a greater demand for alternate sporting options to be available to Wyndham residents at a municipal level.

The draft strategy determines a position on which HTLS are supported by Council; whether current Council owned facilities are in a suitable location; and the future actions that Council will consider when determining suitable locations for HTLS as growth continues.

Key Strategy Objectives:

· Wyndham will support a diverse range of accessible Hard to Locate Sport (HTLS) opportunities relevant to the targeted needs of the community.

· HTLS facility provision will adhere to the Triple Bottom Line approach of economic, environmental and social sustainability.

· Wyndham will invest in existing facilities and precincts where they are deemed to be appropriately located and as budget permits.

· Existing facilities will be fully utilised where they are appropriately located and have the capacity to sustain additional use.

· HTLS will be co-located with compatible activities and facilities where possible.

· Wyndham will provide safe facilities and services that adhere to relevant legislative and sport safety requirements, and risk will be managed in accordance with accepted risk management principles and policies.

· Community involvement in the planning and design of HTLS facilities will be encouraged.

· Wyndham will partner with the private sector, the community and other levels of government to provide services and facilities where appropriate.

Key Strategic Priorities:

1. Protect and enhance existing Council owned HTLS facilities with compatible services.

2. Support the provision of low and medium risk HTLS activities on Council owned or managed land, where appropriate.

3. Plan for the future establishment and development of precincts for co-locatable HTLS activities suitable for public open space.

4. Collaborate with adjoining local government areas to develop or enhance regional level HTLS precincts/venues.

5. Increase the role of the private sector in providing sustainable and appropriately located privately owned HTLS venues.

6. Advocate for and promote safe, accessible and sustainable HTLS events, facilities and participation programs in line with Council policies and frameworks.

3. City Plan/QCP

3.3 Leisure, sports and recreation - To provide residents of all ages and abilities with opportunities to participate in a wide range of leisure, sports and recreation pursuits.

4. Council Policy

The Wyndham Leisure Strategy states that ‘Council will ensure that all people who live, work and invest in Wyndham City are connected through their involvement in leisure by continually improving leisure opportunities throughout the city’. Specifically Wyndham’s Leisure Strategy actions 3.11 and 3.58 requests Council consider the location of unique leisure activities that conflict with urbanised areas.

Relevant policies referred to in the development of the strategy include:

· Wyndham Leisure Strategy (2013)

· Wyndham Environment and Sustainability Strategy

· Wyndham Coastal Strategy

· Ageing Well Strategy

· Multicultural Policy & Activity Plan 2014-2018)

· Outdoor Sports Facility Strategy (2002)

· Wyndham Open Space Strategy (currently under review)

· Disability Access and Inclusion Strategy 2013 - 2017

· Local Laws and Regulations

· Wyndham Sports Facility Capital Development Guide (2015)

· Growth Areas Authority (GAA) adoption of the amended Wyndham Urban Growth Boundary in 2010 and Local Inclusion Areas in 2012

· Wyndham Social Infrastructure Planning Update – 2040 (2012)

· Wyndham Community Health, Wellbeing and Safety Plan 2013-2017

· Wyndham City Plan (2013)

· Werribee South Green Wedge Policy and Management Plan

· Wyndham Tourism and Events Strategy

· Wyndham Planning Scheme

5. Financial Implications

A summary of key recommendations that may incur capital cost implications for Council is listed below. These would be considered as part of future budget deliberation.

Action Item	Cost to Council / Considerations
Continue with the redevelopment of the motocross facility at Lawrie Emmins Reserve.	$740,000 (funded 2016/17 capital program)
Develop an updated master plan for Lawrie Emmins Reserve to include other compatible HTLS activities at the site.	$100,000 Planned for 2016/17/18 Capital program
Retain model aircraft flying at the McGrath Road site in the medium term, provide basic facility maintenance and minor upgrades and whilst a suitable site/s for the relocation of model aircraft flying is identified.	Minor facilities upgrade to be included in ongoing Sports Facility Strategy implementation Program
Conduct a detailed land suitability assessment and/or expression of interest process to determine potential sites for the City to purchase/lease and establish a HTLS precinct.	Approx. $50,000
Develop master plan/s for one or more HTLS precincts if suitable site/s are determined.	Up to $100,000
Collaboratively work with adjacent local government areas to facilitate regional planning for HTLS activity provision and/or facility establishment.	May involve a financial contribution to regional planning initiatives.
Assist local HTLS clubs in providing programs and services for special population groups including people with disabilities, seniors, and people from culturally and linguistically diverse backgrounds, young people and indigenous people.	Possible SRV individual project funding / grant opportunities

6. Environmental Implications

Considerations have been made about the impact of the following:

· Noise;

· Dust;

· Environmental buffers;

· Air space regulations.

7. Community Consultation

The following stakeholders were consulted in the development of the strategy:

· Residents of Wyndham City;

· Officers of Wyndham Council;

· Existing identified clubs and governing bodies;

· Community organisations seeking venues or opportunities for their activities;

· Sport and Recreation Victoria;

· State Sports Associations; and

· Other municipalities which neighbour Wyndham and/or which have significant “hard to locate” sports and recreation infrastructure.

8. Communication Strategy

The Draft Strategy will be released for public consultation for a period of 28 days.

This will be promoted through:

· Council website;

· Council Facebook pages;

· Emails to network of sport and recreation clubs/ groups.

A community consultation session will be held at the Wyndham City Civic Centre (date TBA)

Other Reports

Ordinary Council Meeting

Monday, 22 August 2016

File No: 0

Item No: 6.5.6

Director City Transformation - Steven Lambert

Municipal Fire Management Plan 2016-2019

Summary

The Wyndham Municipal Fire Management Plan was developed by the Municipal Fire Management Planning Committee, of which Council is a member, in consultation with key partners and stakeholders.

The purpose of the plan is to address potential fire threats in the municipality in a coordinated manner across the relevant agencies.

This report seeks the support of Council for the implementation of the Wyndham Municipal Fire Management Plan. This report also informs Council about the plan and Councils involvement.

Attachments

1.View

Municipal Fire Management Plan 2016-2019 - printed in separate document

Officers’ Declaration of Interests

Under Section 80C of the Local Government Act 1989 (as amended), officers providing advice

to Council must disclose any interests, including the type of interest.

Director City Transformation - Steven Lambert

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

Manager Risk & Compliance - Ben Lester

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

Coordinator Emergency Risk & Resilience - Priscilla Mayne

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

Key Issues

· Wyndham City Council is obliged to have in place an approved Municipal Fire Management Plan under the Country Fire Authority Act 1958.

· Provides a coordinated approach to discuss, plan and manage fire in the community; with a primary focus bush and grass fires.

RECOMMENDATION

That Council:

1. endorse the Wyndham Municipal Fire Management Plan 2016-2019.

2. acknowledge the efforts of the agencies involved in the development and implementation of the Plan.

3. authorise the Municipal Emergency Resource Officer, Council’s representative on the Committee, to sign the plan on behalf of Council.

1. Background

The Wyndham Municipal Fire Management Plan (MFMP) is a sub plan of the Wyndham City Emergency Management Plan and is deemed to meet the requirements for the development of a Municipal Fire Management Plan under the Country Fire Authority Act 1958.

The primary objective of municipal fire management planning is the protection of life and property. It is a coordinated approach by a range of stakeholders to discuss, plan and manage fire in the community by adhering to a key tenet of emergency planning -Prevention, Preparedness, Response and Recovery. Stakeholders contribute knowledge, experience, resources and capability and aim to achieve measurable fire management outcomes through agreed and achievable risk treatments.

The main focus of the Wyndham Municipal Fire Management Plan is the risk of bush and grass fire, and is informed by the Victorian Fire Risk Register. Subsequent iterations will evolve to more comprehensively address all risk environments within Wyndham’s fire planning footprint as additional risk and mapping tools are made available.

Council acknowledges the contributions of the following agencies and organisations:

· Country Fire Authority;

· Metropolitan Fire Brigade;

· Victoria State Emergency Service;

· Parks Victoria/Department of Environment, Land, Water & Planning;

· Victoria Police;

· Vic Roads;

· SP Ausnet;

· Melbourne Water;

· Department of Health & Human Services.

Victoria has a long history of community, government and organisations working together in preventing, preparing and responding to the threat of fire and recovery from the impact of fire. Recent challenges such as the decade of dry conditions, population growth in urban-interface areas and the impact of fire events has prompted the need for increased coordination and cooperation to secure fire safety across Victoria.

In response to these challenges the Victorian Government established the Integrated Fire Management Planning Framework (IFMP) for Victoria.

Fire management planning currently occurs at a state, regional and municipal levels. It involves bringing together a range of agencies and organisations to discuss, plan and manage fire with the community. The resulting strategies and plans address fire prevention, preparedness, response and recovery, as well as the environmental and cultural uses of fire.

At state level, the State Fire Management Strategy provides the guidance for a combined and organised effort in lowering the risk of fire through cooperative principles in the State of Victoria.

Regionally, the Northern and Western Metropolitan Regional Strategic Fire Management Plan provides the risk management requirements and quantifies the need for planning at municipal level. Wyndham is a member of the Northern and Western Metropolitan Regional Strategic Fire Management Planning Committee (‘NWM RSFMPC’)—one of eight regional committees operating across Victoria.

At a municipal level, The MFMP is the only true action plan, of which the combined outputs of individual agencies and stakeholders provides a decrease in fire threat levels and ensures safer communities through a cooperative and collaborative effort.

2. Discussion

The Wyndham MFMP is risk based and has been developed using the principles outlined in the Integrated Fire Management Planning (IFMP) Framework and Guide, and the Guidelines for Municipal Fire Management Planning, Part 6A: Emergency Management Manual Victoria.

Sections 1 through to 6 of the Plan contain an overview of the municipal district, fire management objectives, and plan reporting and review. A separate Appendices section provides detail on risk identification (initially on bush and grassfire risk and then across all hazards), treatment options, statutory obligations, mapping and community engagement. Mapping forms a significant part of this Plan, providing a visual representation of the local fire risk.

This MFMP has been produced by and with the authority of the Wyndham City Council pursuant to Section 20 of the Emergency Management Act 1986; and will be deemed to fulfil Section 55A of the CFA Act 1958. The MFMP is a sub plan of the Wyndham City Council Municipal Emergency Management Plan (MEMP). MFMP’s have a three year planning cycle being reviewed on a 12 month basis from the endorsement of the plan.

Purpose of the Plan

The purpose of the Wyndham MFMP is to address potential fire threats on both public and private land through the prevention, preparedness, response and recovery spectrum. The Plan will be reviewed and updated each year to incorporate any new strategies, programs and tools developed by the State Fire Management Planning Committee (SFMPC)—and to ensure it meets stakeholder and community needs and expectations. The MFMP is not designed to be a duplication of existing plans; rather it is to consolidate and coordinate the significant range of plans that exist within the municipality of Wyndham that relate to fire.

Membership of the Wyndham Fire Management Planning Committee

The Municipal Fire Management Planning Committee (MFMPC), appointed by the Municipal Emergency Management Planning Committee (MEMPC), has representation from the following organisations:

· Wyndham City Council

· Country Fire Authority

· Parks Victoria/ Department of Environment , Land, Water & Planning

· Metropolitan Fire Brigade

· Victoria Police

· VicRoads

· Victorian State Emergency Service

· Melbourne Water

· Department of Health & Human Services

· Other members as required; including

o Regional Rail Link

Role of the Wyndham Fire Management Planning Committee

The Committee’s purpose, of which the development of a municipal fire management plan is part, is to provide a municipal-level forum to build and sustain organisational partnerships, generate a common understanding and shared purpose with regard to fire management and ensure that the plans of individual agencies are linked and complement each other.

The Committee is to:

· plan for fire management in a manner that coordinates cooperative fire management activities across agencies;

· provide information and engage with the community on matters related to fire management and planning;

· draft a MFMP for consideration by the Council;

· monitor, review and report on the delivery of the MFMP;

· advocate to the regional fire committee for municipal fire management needs;

· work with the MEMPC to align planning activities;

· share knowledge and create an environment of continuous improvement.

Plan Endorsement

All agencies that have contributed to the development of the plan have either signed the plan already or have agreed in principle to the plan. Following endorsement by Council, the plan will go to the next Municipal Emergency Management Planning Committee on 8 September 2016, for adoption as a sub-plan of the Municipal Emergency Management Plan.

3. City Plan

1.4 Partnerships - To work in partnership with residents, community groups and agencies to educate and enable the wider Wyndham community to make changes to their lifestyles for physical and mental health and wellbeing.

4. Financial Implications

Many of the actions outlined in the plan align with current councils plans and works, therefore funding will be requested through the annual budget planning process.

5. Social Implications

There are many positive outcomes for the community when agencies cooperate and collaborate on fire management planning. The plan identifies potential fire threats and strategies to reduce or mitigate the risk. The plan also informs community education and engagement around fire threat in Wyndham. This increased awareness can reduce the impact to the community in the event of fire in our municipality.

6. Environmental Implications

The plan contains actions to protect natural assets in Wyndham from the threat of fire. It also services to coordinate activities by a number of agencies to ensure protection of assets. The improved management of fire threat can help to minimise environmental impacts associated with fire events.

7. Economic/Employment Considerations

The economic implications of damage to community and natural assets from fire can be enormous. Effective planning and collaboration by agencies to manage the fire risk can reduce the economic burden to the community.

8. Community Consultation

Once the plan has been endorsed by all agencies it will be promoted as part of the community education program leading up to the next summer period. One of the sub-committees of the Municipal Emergency Management Planning Committee is dedicated to Community engagement and resilience building – the Community Resilience Working Group is made up of CFA brigades, VIC SES and the Volunteer Coastguard.

Other Reports

Ordinary Council Meeting

Monday, 22 August 2016

File No: 00

Item No: 6.5.7

Director City Life - Jenny McMahon

Quarterly Service Report - Grants - April to June 2016

Summary

Wyndham’s Community Grants Program has been operating since October 2014. This report provides an update on Identity, Inclusion and Connection Grants, Neighbourhood Grants and Community Pathway Scholarships that were awarded between April and June 2016.

Attachments

1.View

Quarterly Service Reports - Summary of grants awarded April to June 2016 - printed in separate document

Officers’ Declaration of Interests

Under Section 80C of the Local Government Act 1989 (as amended), officers providing advice

to Council must disclose any interests, including the type of interest.

Director City Life – Jenny McMahon

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

Manager Community Planning & Development - Kriss McKie

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

Coordinator Capable Communities – Dayane Mardesich

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

Senior Grants Development Officer – Troy Eley

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

Key Issues

· Since the last report, one round of Identity, Inclusion and Connections grants has been held, along with three funding rounds of monthly grants; Neighbourhood Grants and Community Pathway Scholarships.

· A range of promotional, training and one-on-one support activities have been delivered to the community to assist them in accessing available funding, including support for unsuccessful applicants for all grant types.

· A total of 49 applications were received with 38 applications being approved across the three funding streams for a total value of $57,342.

· During this quarter the grants team continued to administer all grant categories, with several Annual Grant recipients reaching the final reporting stage.

RECOMMENDATION

That Council notes the Quarterly Service Reports – Summary of Community Grants for the period April - June 2016.

1. Background

On 22 September 2014, Council adopted a new Grants and Subsidies Policy. Included within this policy are six community grant streams, the purpose of which are to provide financial assistance to individuals and local groups to deliver events, programs and services that support Council to achieve its strategic aims and objectives, as outlined within the:

· Wyndham City Plan 2013-2017;

· Community Health, Wellbeing & Safety Plan 2013-2017;

· Environment & Sustainability Strategy 2016-2040;

· Multicultural Policy and Action Plan 2014-2018; and

· Community Strengthening Policy & Framework.

The purpose of this document is to report on the three community grant categories outlined below:

Grant Category	Amount	Purpose	Frequency
Identity, Inclusion & Connection	Up to $5,000	To contribute to a sense of community identity, inclusion and connectedness between Wyndham residents and to enhance community resilience.	Quarterly
Community Pathways Scholarships	Up to $500 for individuals. Up to $1,000 for auspiced artist or leadership development.	To provide assistance to support young sportspeople, students, artists and community champions to pursue their field of expertise. This grant also supports young people facing personal circumstances that impact their capacity to participate in education activities.	Monthly (Always Open)
Neighbourhood Grants	Up to $500 for individuals/unincorporated groups. Up to $1,000 for non-profits	To build communities through local neighbourhood projects which develop networks and connections and improve shared spaces.	Monthly (Always Open)

2. Discussion

· During the fourth quarter, one round of Identity, Inclusion and Connection grants was held with a total of 15 applications received. Ten of these applications were approved for funding to the value of $40,342.

· Three rounds of Neighbourhood Grants were held, with a total of 12 applications received. Eight of these applications were approved for funding to the value of $7,000.

· Three rounds of Community Pathway Scholarships were held with a total of 22 applications received. Twenty of these applications were approved for funding to the value of $10,000

A brief synopsis on each of these successful funding applications is contained within Attachment One.

All of the funded projects aim to achieve a number of important Council objectives including actively promoting opportunities for building a sense of community identity, inclusion and connectedness between residents, and strengthening the capacity of residents and community groups to participate in community life by providing opportunities for them to acquire knowledge, confidence, skills and experience. For example, within the Identity, Inclusion and Connection Grants program funding was awarded to VICSEG New Futures to create a migrant and refugee family program to build improved relationships, understanding and communications skills between grandparents, parents and adolescents. As another example, in the Neighbourhood Grants program funding was awarded to Parallel Sports Inc. to facilitate an introductory program to establish a wheelchair basketball social competition at Eagle Stadium. Within the Community Pathways Scholarships program funding was provided to 9 young people representing Victoria and Australia in sports, and 11 Student Wellbeing Grants were awarded to young people facing particular challenges in their lives that impact on their schooling.

3. City Plan

1.1 Sense of Community – To actively promote opportunities for building a sense of community identity, inclusion and connectedness between residents.

4. Wyndham 2040 Vision

· People and Community:
Through these grants people in Wyndham were able for form connections with each other, learn from the diversity of all residents and improve their health and wellbeing. People were also supported to celebrate their cultures, arts and stories.

· Places and Spaces:
Our grants have supported community members’ use of our open spaces to connect people with the outdoors and each other.

· Earning and Learning:
Through the Community Pathways Scholarships Council has assisted several young people whose personal circumstances have impacted their capacity to participate in education activities. A number of grants also help residents to share skills and build knowledge at our community centres.

· Leadership and Participation:
A number of the grants in the quarter enable community members to volunteer their skills, knowledge and passion locally.

5. Council Policy

Wyndham’s Community Grants Program is delivered according to Council’s Grants and Subsidies Policy.

6. Financial Implications

The Community Grants program continues to operate within budget.

There are no financial implications to this report.

7. Community Consultation

During the fourth quarter, Council officers have undertaken a wide range of engagement activities in order to encourage and support people to apply for funding through Wyndham’s Community Grants Program. Activities included:

· Attendance at community events and other functions (e.g. Wyndham’s Building Blocks Graduation, Ausnet Services Grants Awards Night, Wyndham Vale Men’s Shed – Living in Retirement Day, Wyndham Exchange Community Dinner);

· One-on-one meetings with potential applicants; and

· Delivery of two public information sessions and one grant writing workshop with a total of 34 residents and members of local community organisations in attendance.

8. Communication Strategy

During the fourth quarter, Council officers have engaged a multi-faceted communications strategy, which included:

· Advertising in local newspapers;

· Direct email to over 1,300 community members and group/organisation representatives;

· Promotion on Council’s Facebook account, including, including boosted posts.

Council Seal

Ordinary Council Meeting

Monday, 22 August 2016

File No: C1787/16

Item No: 8.1

Director City Operations - Stephen Thorpe

Awarding of Contract: Princes Highway Service Road Reconstruction - David Court to Old Geelong Road

Summary

This report evaluates tender submissions for C1787/16 - Princes Highway Service Road Reconstruction - David Court to Old Geelong Road.

The project involves reconstruction of Princes Highway Service Road between Old Geelong Road and David Court, Werribee. The works include pavement and car park construction, underground drainage works, kerb and channel and associated nature strip works.

Attachments

Nil

Officer's Declaration of Interests

Under Section 80C of the Local Government Act 1989 (as amended), officers providing advice

to Council must disclose any interests, including the type of interest.

Director City Operations

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

Acting Manager Assets & Roads

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

Senior Design Engineer

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;

RECOMMENDATION

That Council:

1. Award contract ‘C1787/16 - Princes Highway Service Road Reconstruction - David Court to Old Geelong Road’ to Negri Contractors (Vic.) Pty Ltd ACN 006 337 239 for the sum of $3,515,698.81 (GST inclusive).

2. Authorise the Manager of Assets & Roads to approve variations and contingencies to contract ‘C1787/16 - Princes Highway Service Road Reconstruction - David Court to Old Geelong Road’ up to the sum of the contingency provisions in accordance with the Financial Information section in this report.

3. Sign and seal the contract.

4. Advise all tenderers accordingly.

1. Background

Tenders were invited on Saturday 25^th June 2016 and closed on Wednesday 27^th July 2016 at 12pm. Three (3) tenders were received as are listed below. The tenders were checked for arithmetical correctness and for omissions/qualifications.

A Pre-Tender meeting was held at the site commencing at 9:30AM on Monday 4^th July 2016 followed by a meeting at Council Offices at 10:00AM, Monday 4^th July 2016.

No.	Tenderers	Tendered Price (incl. GST)	Provisional Items if applicable (incl. GST)	TOTAL (incl. GST)
1	Negri Contractors (Vic.) Pty Ltd	$3,515,698.81	$122,892.00	$3,638,590.81
2	Tenderer B	$2,740,050.88	$93,098.78	$2,833,149.66
3	Tenderer C	$4,430,167.00	$56,509.00	$4,486,676.00

2. Discussion

Tender Evaluation

The members of the evaluation panel are:

Engineering Construction Coordinator

Engineering Design Coordinator

Senior Design Engineer

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
A. Qualitative Assessment
Financial capability	Pass/Fail
OH&S system	Pass/Fail
Tender compliance	Pass/Fail
Tender conformity	Pass/Fail
Historical performance	20%
Capability (including Appropriate Resourcing – Personnel and Equipment - and Methodology and Timeliness)	7%
Program, methodology, traffic management and timeliness	25%
Quality system	4%
Environmental system	4%
(Quality units) Total	60%
B. Quantitative Assessment
Price	40%

The tender submitted by Negri Contractors (Vic.) Pty Ltd is the preferred tenderer as it has the highest ranking of all submitted tenders.

Tenderers	Qualitative Assessment (max. 60)	Quantitative Assessment (max. 40)	Total (max.100)	Tendered Price (incl GST)	RANKING
Negri Contractors (Vic.) Pty Ltd	57.3	31.2	88.5	$3,515,698.81	1
Tenderer B	25.2	40	65.2	$2,740,050.88	2
Tenderer C	23.3	24.7	48.0	$4,430,167.00	3

Tender Interview

The highest ranked tenderer Negri Contractors (Vic.) Pty Ltd was interviewed and advised the following:

a) The tendered lump sum is confirmed.

b) Negri Contractors (Vic.) 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 35 weeks construction period is adequate.

Financial Assessment

A financial assessment was undertaken by Corporate Scorecard Pty Ltd and returned a satisfactory result.

Experience

Negri Contractors (Vic.) Pty Ltd is currently completing projects within the Wyndham municipality including Doherty’s Road Duplication for Wyndham City, and Princes Highway contract no. 8954 with Vic Roads.

3. City Plan/QCP

2.2 City Infrastructure - To deliver and maintain Wyndham's facilities and infrastructure in an efficient and equitable manner that meets community needs.

4. Council Policy

Council policy on tendering as applicable to this contract has been complied with.

5. Financial Information

Note: the tendered prices are GST inclusive. The following is GST exclusive.

The project for the Princes Highway Service Road Reconstruction, between David Court to Old Geelong Road has been incorporated into the 2016/17 Capital Works Program as approved and adopted by Council on 27^th June 2016.

Available funding (excl. GST)
W3092 – 15/16 Carry Forward	$561,329.00
W3092 – 16/17	$500,000.00
W3058 – 16/17	$2,486,448.67
TOTAL	$3,547,777.67

Anticipated expenditure (excl. GST)
Contract – Negri Contractors (Vic.) Pty Ltd	$3,196,089.83
Provisional Items	$111,720.00
Contingency (5%)	$159,804.50
Supervision Cost (2.5%)	79902.25
Advertising	$261.10
Project Signs (if applicable)	$ .00
TOTAL	$3,547,777.67

6. Social Implications

Existing infrastructure will be renewed by this project improving the image, accessibility and presentation of the area.

7. Environmental Implications

The project will provide for the reconstruction of existing road infrastructure.

8. Economic/Employment Considerations

Local businesses had the opportunity to tender for these works. Employment for workers living in the Western Region of Melbourne could be facilitated through this project because generally materials are sourced locally.

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

Information signs will be installed on the project site to provide the community with project details and to promote Council’s capital works program. Business operators have been contacted to discuss special access arrangement and these arrangements have been considered in the design and construction methodology. Letters will also be delivered to the surrounding properties prior to the commencement of 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........................ August 2016.

Contract start date................................... September 2016.

Works completion date............................ May 2017.

Defects liability period….......................... 3 months.

Contract end date ................................... August 2017.

Council Seal

Ordinary Council Meeting

Monday, 22 August 2016

File No: C1794/16

Item No: 8.2

Director City Operations - Stephen Thorpe

Awarding of Contract: Tarneit Road Reconstruction, Heaths Road to Hogans Road Northbound

Summary

This report evaluates tender submissions for C1794/16 - Tarneit Road Reconstruction, Heaths Road to Hogans Road Northbound.

The project involves the excavation and construction of road pavement including asphalt paving, ex-situ foam bitumen stabilization, some sections of kerb and channel, line marking, concrete path and associated nature strip works.

Attachments

Nil

Officer's Declaration of Interests

Under Section 80C of the Local Government Act 1989 (as amended), officers providing advice

to Council must disclose any interests, including the type of interest.

Director City Operations

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

Acting Manager Assets & Roads

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

Design Engineer

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;

RECOMMENDATION

That Council:

1. Award contract ‘C1794/16 - Tarneit Road Reconstruction, Heaths Road to Hogans Road Northbound’ to Bitu-mill (Road Maintenance) Pty Ltd ACN 097 282 981 for the sum of $1,521,331.71 (GST inclusive).

2. Authorise the Manager of Assets & Roads to approve variations and contingencies to contract ‘C1794/16 - Tarneit Road Reconstruction, Heaths Road to Hogans Road Northbound’ up to the sum of the contingency provisions in accordance with the Financial Information section in this report.

3. Sign and seal the contract.

4. Advise all tenderers accordingly.

1. Background

Tenders were invited on Saturday 11^th June 2016 and closed on Wednesday 6^th July 2016 at 12pm. Six (6) tenders were received as are listed below. The tenders were checked for arithmetical correctness and for omissions/qualifications.

No.	Tenderers	Tendered Price (incl. GST)	Provisional Items if applicable (incl. GST)	TOTAL (incl. GST)
1	Bitu-mill (Road Maintenance) Pty Ltd	$1,521,331.71	$141,986.00	$1,663,317.71
2	Tenderer B	$1,590,205.00	$100,753.40	$1,690,958.50
3	Tenderer C	$2,089,907.16	$95,634.00	$2,185,541.16
4	Tenderer D	$1,521,917.95	$83,655.79	$1,605,573.74
5	Tenderer E	$1,681,163.17	$151,194.00	$1,832,357.17
6	Tenderer F	$1,742,842.93	$88,160.93	$1,831,003.86

Provisional items are recorded with rates for different types of treatments that may be required at the time of construction. The rates tendered for each item have been reviewed and are considered reasonable.

2. Discussion

Tender Evaluation

The members of the evaluation panel are:

Engineering Construction Coordinator

Engineering Design Coordinator

Design Engineer

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
A. Qualitative Assessment
Financial capability	Pass/Fail
OH&S system	Pass/Fail
Tender compliance	Pass/Fail
Tender conformity	Pass/Fail
Historical performance	22%
Capability (including appropriate resourcing – personnel and equipment)	8%
Program, methodology, traffic management and timeliness	22%
Quality system	4%
Environmental system	4%
(Quality units) Total	60%
B. Quantitative Assessment
Price	40%

The tender submitted by Bitu-mill (Road Maintenance) Pty Ltd is the preferred tenderer as it has the highest ranking of all submitted tenders.

Tenderers	Qualitative Assessment (max. 60%)	Quantitative Assessment (max. 40%)	Total (max.100)	Tendered Price (incl GST)	RANKING
Bitu-mill (Road Maintenance) Pty Ltd	40	40.3	80.3	$1,521,331.71	1
Tenderer B	38.3	41.8	80.1	$1,590,205.00	2
Tenderer D	40	36.5	76.5	$1,521,917.95	3
Tenderer C	29.1	47.3	76.4	$2,089,907.16	4
Tenderer E	36.2	35.8	72	$1,681,163.17	5
Tenderer F	34.9	36.3	71.2	$1,742,842.93	6

Tender Interview

The highest ranked tenderer Bitu-mill (Road Maintenance) Pty Ltd was interviewed and advised the following:

a) The tendered lump sum is confirmed.

b) Bitu-mill (Road Maintenance) 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 8 week construction period is adequate.

Financial Assessment

A financial assessment was undertaken by Corporate Scorecard Pty Ltd and returned a satisfactory result.

Experience

3. Bitu-mill (Road Maintenance) Pty Ltd has satisfactorily completed a number of projects within the Wyndham municipality

4. City Plan

2.2 City Infrastructure - To deliver and maintain Wyndham's facilities and infrastructure in an efficient and equitable manner that meets community needs.

5. Council Policy

Council policy on tendering as applicable to this contract has been complied with.

6. Financial Information

Note: the tendered prices are GST inclusive. The following is GST exclusive.

The project for Tarneit Road Reconstruction between Heaths Road to Hogans Road Northbound has been incorporated into the 2016/17 Capital Works Program as approved and adopted by Council on 27^th June 2016.

Available funding (excl. GST)
W 3143 (out of W3058-Road Reconstructions-$7,845,000)	$ 2,359,608.00
TOTAL	$ 2.359.608.00

Anticipated expenditure (excl. GST)
Contract – Bitu-mill (Road Maintenance) Pty Ltd	$ 1,383,028.83
Provisional Items	$ 129,078.25
Contingency (5%)	$ 69,151.44
Supervision Cost (2.5%)	$ 34,575.72
Advertising	$387.72
TOTAL	$ 1,616,221.96

7. Social Implications

Existing infrastructure will be renewed by this project improving the image, accessibility and presentation of the area.

8. Environmental Implications

The project will provide for the reconstruction of existing road infrastructure.

9. Economic/Employment Considerations

Employment for workers living in the Western Region of Melbourne could be facilitated through this project because materials are generally sourced locally.

10. Options

11. Community Consultation

12. Communication Strategy

Council’s decision in relation to the award of this tender will be conveyed to all tenderers.

13. Project Timeframe

Date of award of contract.................... August, 2016.

Contract start date................................. August 2016.

Works completion date........................ November 2016.

Defects liability period….......................... 3 months

Contract end date ................................... February 2017.

Council Seal

Ordinary Council Meeting

Monday, 22 August 2016

File No: C1723/16

Item No: 8.3

Director City Operations - Stephen Thorpe

Awarding of Contract: C1723/16 Crack Sealing of Road Pavements

Summary

This report evaluates tender submissions for C1723/16 Crack Sealing of Road Pavements.

The contract is an Annual Supply Contract for 1 year with 4 x 1 year options to be reviewed annually.

Crack Sealing works form part of Council’s budgeted cyclic road maintenance activities, which are undertaken as a preventative measure to ensure longevity of road pavements by preventing infiltration of water through surface cracking.

Attachments

Nil

Officer's Declaration of Interests

Under Section 80C of the Local Government Act 1989 (as amended), officers providing advice

to Council must disclose any interests, including the type of interest.

Director City Operations

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

A/Manager Assets & Roads

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

Coordinator Asset Rehabilitation

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;

RECOMMENDATION

That Council:

1. Award contract C1723/16 Crack Sealing of Road Pavements to: 1) Road Maintenance Pty Ltd - ACN 006 798 796 and 2) The Trustee for SuperSealing Unit Trust (Trading as SuperSealing) - ACN 103 904 329

2. Sign and seal the contract.

3. Advise all tenderers accordingly.

1. Background

Tenders were invited on 28^th May 2016 and closed on 22^nd June 2016. Four tenders were received as are listed below. The tenders were checked for arithmetical correctness and for omissions/qualifications.

Tenderers

Crack Sealing Solutions

Fulton Hogan Industries

Road Maintenance Pty Ltd

The Trustee for SuperSealing Unit Trust (trading as SuperSealing)

2. Discussion

Tenders were invited with the intention of awarding the contract to a panel of contractors. Crack sealing works are weather dependent. This reduces the optimum ambient conditions to complete the program. Therefore, it was determined that a panel of 2 contracted suppliers will enable completion of the required works.

Services to be provided under the contract are crack sealing of road surfaces. The locations of works under the contract are throughout the Wyndham municipality as per works lists to be issued periodically throughout the contract period.

There are inherent difficulties associated with tendering crack sealing works. These difficulties relate to predicting costs associated with irregularities regarding crack shape, length, width, depth and occurrence throughout varying road surfaces.

A sample program was provided for tendering purposes. The evaluation panel considered the pricing as an indication of competitiveness of the tenderers.

The contract is an Annual Supply contract for 1 year with additional 4 x 1 year options to be renewed annually at the sole discretion of Council. Satisfactory performance is required for an offer of extension of contract. Extension of the contract will include negotiations for adjustments for C.P.I movements.

Unsatisfactory performance will result in cancellation of the contract with the applicable service provider.

Tender Evaluation

The members of the evaluation panel are:

Coordinator – Asset Rehabilitation

Senior Technical Officer – Asset Rehabilitation

Drainage & Cleansing Officer - Roads

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
A. Qualitative Assessment
Tender Compliance	Pass/Fail
QA & OH&S System	Pass/Fail
Historical performance	30%
Capability (including appropriate resourcing – personnel and equipment, methodology and timeliness)	20%
Public Safety and Traffic Management	10%
(Quality units) Total	60%
B. Quantitative Assessment
Price	40%

The tenders submitted by Crack Sealing Solutions, Fulton Hogan Industries, Road Maintenance Pty Ltd and The Trustee for SuperSealing Unit Trust (trading as SuperSealing) all conformed to the evaluation criteria.

Referee checks were undertaken to assist in the qualitative assessments.

The evaluation panel is satisfied that the 2 recommended tenderers provide value for money.

Tenderers	Qualitative Assessment (max 60%)	Quantitative Assessment (max 40%)	Total (max.100)	RANKING
Road Maintenance Pty Ltd	48.5	39.8	88.3	1
The Trustee for SuperSealing Unit Trust (trading as SuperSealing)	44.9	40.0	84.9	2
Tenderer 3	47.0	32.5	79.5	3
Tenderer 4	23.5	36.8	60.3	4

Tenders comprised pricing to crack seal 217 locations across the municipality. The quantitative assessment was conducted using average $ per meter for the total list.

The recommendation of this report is that the 2 top ranked tenderers be accepted as a panel of contractors to provide these services. Works programs will be issued to contractor(s) following assessment of quotations requested throughout the Contract period.

Tenderer Interviews

The 2 recommended tenderers were interviewed and advised the following:

The Tendered pricing is confirmed

All tenderers can commence works from award of the contract.

Adequate resources will be available to satisfactorily undertake this contract.

Experience

SuperSealing Pty Ltd has satisfactorily conducted works within the Wyndham municipality in previous Crack Sealing Contracts. Fulton Hogan Industries and Road Maintenance Pty Ltd have undertaken works through request for quotation processes.

3. City Plan/QCP

2.2 City Infrastructure - To deliver and maintain Wyndham's facilities and infrastructure in an efficient and equitable manner that meets community needs.

4. Council Policy

Council policy on tendering as applicable to this contract has been complied with.

5. Financial Information

Note: the tendered prices are GST exclusive. The following is GST inclusive.

The budget for Crack Sealing of Road Pavements has been incorporated into the Roads Annual Program cost centre.

Available funding (excl. GST)
52.505 Roads Annual Program (2016/17)	$727,580
Anticipated expenditure (excl. GST)
Crack sealing (per annum)	$400,000 .00
TOTAL Contract Period	$2,000,000 .00

The expenditure projected above is subject to adjustment throughout the Contract period as the volume of roads to be treated increases due to growth of the network.

6. Social Implications

Crack Sealing of road pavements has a positive impact on transport by maintaining road safety. The Project will contribute to a better and safer transportation system.

7. Environmental Implications

These works are to crack seal road pavements to increase longevity of the road surface and therefore reduce the need for earlier interventions. Vehicular usage will not increase as a result of these projects. Consequently energy consumption and greenhouse emissions will not alter.

Tenderers have provided evidence of procedures to manage environmental impacts of noise and dust generated during these activities.

8. Economic/Employment Considerations

Local business had the opportunity to tender for these works.

9. Options

Council does not have the resources and/or expertise in house to perform the tasks required under this contract.

10. Community Consultation

A public notice of invitation to tender was advertised.

11. Communication Strategy

Council’s decision in relation to the award of this tender will be conveyed to all tenderers and publicly through Council’s website.

Council Seal

Ordinary Council Meeting

Monday, 22 August 2016

File No: C1767/16

Item No: 8.4

Director City Transformation - Steven Lambert

Awarding of Contract: C1767/16 Chirnside Park Redevelopment

Summary

This report evaluates tender submissions for the construction of the Chirnside Park Redevelopment.

The project involves redeveloping the Chirnside Park pavilion into a Community Hub, for the provision of community services through education, sport, health and wellbeing. The project scope broadly includes:

· demolition of the existing pavilion building;

· relocation of the grandstand;

· construction of a new hub building and associated external works, including car parking;

· upgrade of existing services on site.

Attachments

Nil

Officer's Declaration of Interests

Under Section 80C of the Local Government Act 1989 (as amended), officers providing advice

to Council must disclose any interests, including the type of interest.

Director City Transformation

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

Manager Project Management Office

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

Project Manager

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 C1767/16 - Chirnside Park Redevelopment to Devco Project & Construction Management Pty Ltd, ACN 007 223 332 for the sum of $11,258,524.20 (GST inclusive).

2. Authorise the Manager of Project Management Office to approve variations and contingencies to contract C1767/16 – Chirnside Park Redevelopment – Main Construction, Existing Grandstand Relocation & Temporary Facilities up to the sum of the contingency provisions in accordance with the Financial Information section in this report.

3. Sign and seal the contract.

4. Advise all tenderers accordingly.

1. Background

Tenders were invited on Saturday 28th May 2016 and closed 12:00 noon on Wednesday 22nd June 2016. Seven (7) tenders were received as are listed below. All tender submissions were checked for arithmetical correctness and for omissions / qualifications.

No.	Tenderers	Tendered Price (incl. GST)	Provisional Items if applicable (incl. GST)	TOTAL (incl. GST)
1	Devco Project & Construction Management Pty Ltd	$10,829,423.00	-	$10,829,423.00
2	Tenderer A	$10,358,229.20	-	$10,358,229.20
3	Tenderer B	$10,708,500.00	-	$10,708,500.00
4	Tenderer C	$11,164,415.90	-	$11,164,415.90
5	Tenderer D	$11,296,593.00	-	$11,296,593.00
6	Tenderer E	$11,952,338.20	-	$11,952,338.20
7	Tenderer F	$12,527,680.00	-	$12,527,680.00

2. Discussion

Tender Evaluation

The members of the evaluation panel are:

· Coordinator, PMO

· Project Manager, PMO

· Manager, Sports & Recreation

· Associate Director, JMA Architects (External)

The members of the evaluation panel do not have any pecuniary interest in this contract.

Tenders were rated using the following criteria and weightings:

A. Qualitative Assessment	Weighting
Financial capability	Pass/Fail
OH&S system	Pass/Fail
Acceptance of draft conditions of Contract	Pass/Fail
Public Indemnity and Public Liability Insurances	Pass/Fail
3 Examples of Current and Previous Work similar to tender scope of works	20%
Contract team, resources and org structure	10%
Site Specific - Project Methodology, site Safety, Management Plan, Environmental Management System Questionnaire	20%
Construction program	10%
B. Quantitative Assessment
Price	40%

The tender evaluation panel independently completed an initial assessment of the submissions received based on the agreed evaluation criteria listed above. The consolidated qualitative and quantitative rankings are as per the table below:

Tenderers	Qualitative Score (60)	Quantitative Score (40)	Total Score	Total (incl. GST)	Rank
Devco Project & Construction Management Pty Ltd	48.7	38.3	87.0	$10,829,423.00	1
Tenderer A	38.1	40.0	78.1	$10,358,229.20	2
Tenderer B	39.3	38.7	78.0	$10,708,500.00	3
Tenderer C	39.0	37.1	76.1	$11,164,415.90	4
Tenderer D	37.0	36.7	73.7	$11,296,593.00	5
Tenderer F	40.4	33.1	73.5	$12,527,680.00	6
Tenderer E	33.5	34.7	68.2	$11,952,338.20	7

Shortlisted Tenderer

Based on the evaluation scores listed above, the tender evaluation panel shortlisted three (3) tenderers to be considered further for this project. The shortlisted tenderers were:

Rank 1: Devco Project & Construction Management Pty Ltd

Rank 2: Tenderer A

Rank 3: Tenderer B

Tender Clarifications

The tender evaluation panel, following a review of the tender submissions, prepared a list of clarifications that were issued to the three shortlisted tenderers. These clarifications aimed at seeking further information on their allowances for certain elements of the project and also requested costs for additional works to be completed as part of this project.

Tender clarifications were issued on Monday 11th July 2016 with responses due on the Wednesday 20th July 2016.

All three tenderers responded within the allocated timelines and submitted a revised tender price based on additional works requested. The revised tender price is as per the below table:

Tenderers	Tendered Price (incl. GST)	Provisional Sum (incl. GST)	Revised Total Price (incl. GST)
Devco Project & Construction Management Pty Ltd	$11,202,204.20	$56,320.00	$11,258,524.20
Tenderer A	$11,150,148.90	$22,000.00	$11,172,148.90
Tenderer B	$10,790,560.00	$38,885.00	$10,829,445.00

All responses were reviewed and checked for compliance by the tender evaluation panel. It was noted that Tenderer A and Tenderer B did not submit a detailed response and breakdown of cost for the amendment made to the tender drawings.

The revised costs submitted by the shortlisted tenderers were then added to the tender evaluation matrix to confirm the revised overall scores. The revised consolidated qualitative and quantitative rankings for the three shortlisted tenderers are as per the table below:

Tenderers	Qualitative Score (60)	Quantitative Score (40)	Total Score	Total (inc GST)	Rank
Devco Project & Construction Management Pty Ltd	48.7	38.3	87.0	$11,258,524.20	1
Tenderer B	39.3	40.0	78.0	$10,829,445.00	2
Tenderer A	38.1	38.8	78.1	$11,172,148.90	3

It is noted that Devco Project & Construction Management Pty Ltd scored the highest overall qualitative and quantitative score.

Based on the above, the tender submitted by Devco Project & Construction Management Pty Ltd is the preferred tenderer as it has the highest ranking of all submitted tenders.

Tender Interview

The highest ranked tenderer Devco Project & Construction Management Pty Ltd was invited for a tender interview on Friday 29th July 2016 and they advised the following:

a) The tendered lump sum was confirmed.

b) Devco Project & Construction Management Pty Ltd confirmed that they can commence works in two (2) weeks from award of the contract.

c) Adequate resources will be available to satisfactorily undertake this contract.

d) Devco Project & Construction Management Pty Ltd confirmed the timelines in the construction program.

Financial Assessment

A financial assessment was undertaken by Corporate Scorecard Pty Ltd and returned a satisfactory result.

Experience

Devco Project & Construction Management Pty Ltd has satisfactorily completed a number of projects within the Wyndham municipality including:

· Clearwood Drive Sports Pavilion

· Wyndham Lodge – Residential Aged Care Facility

· Werribee Open Range Zoo – Arrivals Precinct

3. City Plan/

2.2 City Infrastructure - To deliver and maintain Wyndham's facilities and infrastructure in an efficient and equitable manner that meets community needs.

4. Council Policy

Council policy on tendering as applicable to this contract has been complied with.

5. Financial Information

Note: the tendered prices are GST inclusive. The following is GST exclusive.

The project for the Chirnside Park Hub Precinct Development has been incorporated into the 2016/17 Capital Works Program as approved and adopted by Council on 22 June 2015.

Available funding (excl. GST)
W4771 – Chirnside Park Hub Precinct Development	$11,750,000.00
Expenditure to date (15/16 financial year)	$850,676.00
TOTAL	$10,899,324.00

Anticipated expenditure (excl. GST)
Contract – Devco Project & Construction Management Pty Ltd	$10,235,022.00
Consultant Cost	$174,000.00
Council Supervision / Project Management Cost	$96,000.00
Early Works Contract	$145,000.00
CHMP Investigations	$37,500.00
Authority Fees	$41,000.00
SUB-TOTAL	$10,728,522.00
* Potential Cost Savings (identified by the architects & the builder)	(-) $320,000.00
Contingency (4.80%)	$490,802.00
TOTAL	$10,899,324.00

* Note: The above budget includes potential savings in the order of $320,000 that have been identified by the architect and the preferred builder. These savings have been assessed and are not considered to impact on the project adversely. It is recommended that the savings be adopted to reduce the overall contract sum and provide adequate project contingency of 4.80%.

6. Social Implications

The project will provide a venue that enables the delivery of diverse volunteers, sports and community education programs. Chirnside Park will also provide an attractive and functional centre that entices participation and involvement from the community and expands the delivery of social inclusion and capacity building programs for the community. This centre will be a hub that provides access and delivers community programs engaging and developing children, people with disabilities, multicultural communities and supporting disadvantaged residents, particularly youth.

7. Environmental Implications

This project aims at complementing and enhancing the visual and unique natural local environment.

The redevelopment of Chirnside Park will have a minimal impact on the environment and will ensure the inclusion of environmentally sustainable design (ESD) features and principles in accordance with Council policies.

8. Economic/Employment Considerations

This project aims at developing a facility that offers long term economic sustainability and viability. The project incorporates best value initiatives and optimises the funding and capital expenditure to achieve best value for Council and the community. It is also anticipated that this project will contribute to the overall economic development of the local area and the Werribee CDB.

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

All users of this facility have been involved throughout his project as Project Control Group members and this will continue to occur during construction. All communications during construction phase of this project will be directed by the project communication strategy.

11. Communication Strategy

Council’s decision in relation to the award of this tender will be conveyed to all tenderers. All other communications will be in accordance with the project communication strategy that aims to:

· Promote Council’s provision of a new and improved service to the community.

· Keep target audience up to date with the progress of this project.

· Minimise the disruption to current users and the community around.

12. Project Timeframe

Date of award of contract........................ 22 August 2016

Contract start date.................................... 23 August 2016

Works completion date............................ 31 October 2017

Defects liability period.............................. 31 October 2018 (12 months)

Contract end date .................................... 31 October 2018

Council Seal

Ordinary Council Meeting

Monday, 22 August 2016

File No: C1776/16

Item No: 8.5

Director City Operations - Stephen Thorpe

Awarding of Contract: C1776/16 Provision of Cleaning Services to Wyndham City Council

Summary

This report evaluates tender submissions for Contract No. C1776/16, Provision of Cleaning Services to Wyndham City Council and makes a recommendation for the award of the contract.

Council has a requirement for cleaning services to maintain its offices, other buildings and facilities to a high standard for continued service to the community. This contract initially comprises the cleaning of 36 Council buildings and community facilities, including Kindergartens, Community Centres, Maternal & Child Health Centres, Civic Centre Buildings, Libraries and Cultural Centre. Additional building will be added to the contract as they are constructed during the contract term.

These services are part of the recurrent budget for Cleaning & Garbage identified in the 2016/2017 Budget for the Building Maintenance Unit.

The scope and operation of this contract are significantly different from the previous cleaning contract and allow the cleaning company to be held financially accountable for poor performance and financially recognised for high quality performance.

It is proposed the term of the contract for this service be three (3) years, with the option of periodic extensions up to a maximum contract term of seven (7) years.

Attachments

Nil

Officer's Declaration of Interests

Under Section 80C of the Local Government Act 1989 (as amended), officers providing advice

to Council must disclose any interests, including the type of interest.

Director City Operations

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

Manager Facilities and Open Space

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

Acting Coordinator Facilities Management

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

Contracts Officer Procurement

In providing this advice as the Contracts Officer and author, I have no disclosable interests in this report.

Key Issues

· Conformance with tender requirements;

· Cleaning provisions that meet building usage requirements;

· Provision of best value for money; and

· Provision of a high quality buildings cleaning service to Council and the community.

RECOMMENDATION

That Council:

1. Award contract Contract No. C1776/16, Provision of Cleaning Services to Wyndham City Council to ISS Facility Services Australia Ltd, ACN 001 827 041, for an initial period of three years with optional extensions to seven years. The initial three-year contract sum is $4,375,369 with the maximum seven-year contract term being $10,209,195 (both GST inclusive). These prices include routine daily, weekly and monthly cleaning but exclude periodic cleaning and rise and fall price adjustment and other variations.

2. Authorise that for Contract No. C1776/16, the Manager Facilities and Open Space:

(a) approves contract extensions up to the maximum contract term of seven years including rise and fall price adjustments and, bonus or penalty adjustments.

(b) manages contract variations, to cover the inclusion of additional facilities and other variations within the contingency sum.

(c) coordinates periodic and emergency response cleaning and other minor services within the guidelines of the Wyndham City Council procurement policy.

3. Sign and seal the contract.

4. Advise all tenderers accordingly.

1. Background

Council has a requirement for cleaning services to maintain its offices and other buildings and facilities to a high standard for continued service to the community. This contract comprises of the cleaning of 36 Council buildings and Community facilities, including Kindergartens, Community Centres, Maternal & Child Health Centres, Civic Centre Buildings, Libraries and Cultural Centre.

Feedback from staff assisted in the creation of an updated specification for Wyndham City. This feedback and an update of the contract methodology will provide for greater certainty in the quality of cleaning and the compliance with the non-cleaning deliverables within the contract including site security and staffing.

Expressions of interest (EOI) were invited on 09 April 2016 and closed on 27 April 2016. Twenty EOIs were received. These EOIs where evaluated by the evaluation panel and the following six companies where shortlisted and invited to tender.

· ISS Facility Services Australia Ltd;

· Elynwood Australia Pty Ltd;

· Pickwick Group Pty Ltd;

· Storm International Pty Ltd;

· TJS Services; and

· Shining Knight Facility Services.

The tender opened on 14 June 2016 and closed on 06 July 2016. Tenders were received from all shortlisted companies. The tenders were checked for arithmetical correctness and for omissions/qualifications. The table below provides the prices as received.

No.	Tenderers	Tendered Price - Three Year Term (incl. GST)	Tendered Price - Seven Year Term (incl. GST)
1	ISS Facility Services Australia Ltd	$4,375,369	$10,209,195
2	Tenderer B	$3,955,769	$9,230,128
3	Tenderer C	$4,876,499	$11,378,498
4	Tenderer D	$3,825,853	$8,926,991
5	Tenderer E	$4,354,881	$10,161,389
6	Tenderer F	$4,096,487	$9,558,470

2. Discussion

Tender Evaluation

The members of the evaluation panel are:

Acting Facilities Management Coordinator;

Contract Supervisor, Facilities Management; and

Contracts Officer, Procurement.

The members of the evaluation panel do not have any pecuniary interest in this contract.

The tender evaluation panel also sought expert advice. These advisors were not part of the tender evaluation panel and did not rate the tender submissions. Advice was sought from:

· An external consultant, the CEO of FM Contract Solutions Pty Ltd, who has expertise in building cleaning contracts and performance. The services provided by FM Contract Solutions Pty Ltd included assisting Council in the preparation of the tender documents, tender pricing analysis and advice on the adequacy of the cleaning methodologies proposed in the tender submissions.

· Council’s Sustainability Projects Officer for advice on the tenderers’ environmental management systems and proposals as provided in the tender responses.

Tenders were rated using the following criteria and weightings:

	Weighting
A. Qualitative Assessment
Financial capability	Pass/Fail
Financial Adequacy	Pass/Fail
OH&S system	Pass/Fail
Tender compliance	Pass/Fail
Tender conformity	Pass/Fail
Transition	Pass/Fail
Quality system	Pass/Fail
Capability (methodology, including management, supervision and client relationship)	25%
Environmental systems	10%
(Quality units) Sub Total	35%
B. Quantitative Assessment
Adequate Resources	20%
Price	45%
(Quantitative Units) Sub Total	65%
Total	100%

The preferred tenderer is ISS Facility Services Australia Ltd as it has the highest ranking of all submitted tenders.

Tenderers	Qualitative Assessment (max. 35)	Quantitative Assessment (max. 65)	Total (max.100)	Tendered Price Seven Years (incl. GST)	RANKING
ISS Facility Services Australia Ltd	29.6	54.9	84.5	$10,209,195	1
Tenderer B	17.9	61.4	83.6	$9,230,128	2
Tenderer C	30	52.9	82.9	$11,378,498	3
Tenderer D	25.8	56.2	82	$8,926,991	4
Tenderer E	20.3	54.7	75	$10,161,389	5
Tenderer F	20	52.3	72.3	$9,558,470	6

The evaluation process combines the qualitative score and quantitative scores. The highest overall score reflects that the company is best placed qualitatively and quantitatively to deliver the service. The evaluation process considers the pricing assessment measures and resource allocation compared to the benchmark figures prepared by Council prior to the tender process. This is to ensure that the tenderer has allocated sufficient resources to deliver sustainable outcomes. The process also considers the adequacy of operational systems and management procedures that support the delivery of services.

The evaluation process effectively ensures that the tenderer achieving the highest score represents the best value for money and the lowest risk profile to Council. Value for money takes into account the cost of the service provided and the quality and reliability of the service being delivered. Capability and resourcing are key indicators of likelihood of good and reliable service. The difference between ISS Facility Services Australia Ltd and Tenderer 2’s price is ISS’ better capability and resourcing to deliver the contracted outcomes.

A consideration in the review included determining if adequate supervisory resources are allocated for the service delivery. ISS Facility Services Australia Ltd was clearly able to demonstrate their supervisory resourcing and its costing in their tender. The other tenderer was not able to clearly identify how supervision would be provided.

Tender Interview

The highest ranked tenderer ISS Facility Services Australia Ltd was interviewed and advised the following:

a) The tendered rates are confirmed.

b) ISS Facility Services Australia Ltd can commence works in five weeks from award of the contract.

c) Adequate resources will be available to satisfactorily undertake and supervise this contract.

The second ranked tenderer was requested to provide further information, that was not available at the time of interview, within twenty-four hours. The tenderer failed to deliver this information, resulting in their final score.

Financial Assessment

Corporate Scorecard undertook a financial assessment of the recommended tenderer and returned an overall rating of “very strong”.

Experience

ISS Facility Services Australia Ltd has satisfactorily completed a number of contracts within the Wyndham City including C1650/14 - Turf Aeration on Sports Fields, C1651/14 - Supply & Spreading of Turf Sand & Soil, C1592/13 - Rural Roadside Mowing and C1613/14 - Mowing Sports Fields. The performance of the ISS building cleaning section was identified as satisfactory during third party references checks.

3. City Plan/QCP

2.2 City Infrastructure – To deliver and maintain Wyndham’s facilities and infrastructure in an efficient and equitable manner that meets community needs.

4. Council Policy

Council policy on tendering as applicable to this contract has been complied with.

5. Financial Information

Note: the tendered prices are GST inclusive. The following is GST exclusive.

The contract cost for Council’s building cleaning services is incorporated in the recurrent budget for Cleaning & Garbage identified in the 2016/2017 Building Maintenance Unit.

Available funding (excl. GST)
Account Number and Name – GL 22.214.55566 Cleaning & Garbage	$1,265,000
Account Number and Name – GL 22.214.55564 Contractors/Sub Contractors	$260,870
TOTAL	$1,525,870

Anticipated contract expenditure over first year (excl. GST)
Routine daily, weekly and monthly cleaning	$1,325,870
Contingency - periodic and emergency cleaning allowance (may be used to engage other providers), bonus payments. (estimated discretionary expenditure by Council on an accepted schedule of rate basis)	$180,000
TOTAL	$1,505,870

The contract has a “risk/ reward” provision that will allow the contractor to earn a small bonus payment if they exceed the contracted key performance indicators. The maximum level of this bonus is approximately 2% of contract payment. There is also provision for a penalty if the contractor fails to achieve the key performance indicators. This arrangement is to encourage sustained performance over the term of the contract.

The contract will be for an initial period of 3 years with options to extend the contract up to a maximum contract term of seven years.

During the life of this contract buildings may be added or removed from Council’s asset list, these buildings will be quoted in line with the contract methodology and the contract sum altered accordingly.

The following table provides estimates of the likely total expenditure under the contract.

Anticipated Contract expenditure over seven years (excl. GST)
Routine Daily, Weekly and Monthly Cleaning	$9,281,086
Allowance for Rise and Fall price adjustment over seven years (based on 2.5% price increases per annum).	$2,301,863
Contingency - Periodic Cleaning and Emergency Response allowance at accepted schedule of rates.	$1,265,000
TOTAL	$12,847,949
Note: Contingency - inclusion of additional (new) buildings and facilities into the Contract over the term of the contract and other variations.	Determined on quoted basis for each building

6. Social Implications

Council is responsible to maintain all Council’s facilities to a suitable and high standard. Council is also responsible to ensure that cleaning services are undertaken in a safe and environmentally responsible manner.

This contract will provide the community and Council with clean facilities for the use of community members and Council staff.

7. Environmental Implications

This contract will routinely provide the community and Council with clean facilities for the use of community members and Council staff.

In selection of the recommended tenderer, the submitted tenders were assessed for their environmental systems and commitment. The tender document and the final contract agreement have requirements for the use of environmentally certified cleaning products and consumables, reducing the use of consumables, as well as a requirement for recycling. The contractor will report on quantities of recyclables collected at Council’s Civic Centre.

8. Economic/Employment Considerations

The recommended tenderer has the stated aim of employing all the cleaners required for this contract from Wyndham or from the west of Melbourne.

9. Options

Council does not have the resources and/or in house expertise 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 provides a best value outcome for Council.

10. Community Consultation

Public notice of the invitation to express interest in this contract was provided by advertisement in the Age newspaper, on Council’s Website and through the Tenderlink website.

11. Communication Strategy

Both the successful and unsuccessful tenderers will be informed of the outcome of the tender process. The services provided under this contract will be utilised by a number of departments across Council. These departments will be informed of the result.

12. Proposed Project Timeframe

Date of award of contract.................... 23 August 2016.

Contract start date................................. . 29 September 2016

End of First Term.................................. . 28 September 2019

End of Optional Extensions................ 28 September 2023

Council Seal

Ordinary Council Meeting

Monday, 22 August 2016

File No: -

Item No: 8.8

Acting Director City Economy, Innovation & Liveability - Peter McKinnon

Supply of Mobile Garbage Bin Under Procurement Australia Contract Number 1801/0503: Mobile Garbage Bin

Summary

In 2014, Council was invited by Procurement Australia (PA) to participate in a tender for the supply of mobile garbage, green waste and recycling bins for residential kerbside collection services. On 2 June 2014, Wyndham City Council gave permission to Procurement Australia to act as the sole agent for Council for the purpose of seeking tenders for bin provision pursuant to Section 186 (5)(c) of the Local Government Act, along with 26 other councils in Victoria.

The Procurement Australia Contract Number 1801/0503: Mobile Garbage Bin, commenced on
1 November 2014 and is for an initial term of three (3) years with an option to extend the deed for a further two (2) years.

Council has been purchasing new mobile bins through the contract since commencement. The mobile bin procurement from this contract is used to supply garbage and recycling bins to new houses, replace lost or damaged bins and supply optional green waste bins to residents.

The total amount that Council will spend for the purchase of new mobile garbage bins from this contract is estimated to exceed $1,000,000 within eight (8) months. If Wyndham continues to use the contract, the estimated contract value is $1,253,474 over three (3) years and $2,076,005 for the full five (5) year period. It has been identified that a formal Council report was not undertaken at the beginning of engagement through this PA contract. The total contract expenditure over a 5 year contract term triggers the need to inform and seek approval from Council for further expenditure under the contract in accordance with Council’s instrument of delegation.

Wyndham is able to opt out from this contract at any time, however, it currently remains a value for money proposition benefiting from bulk procurement prices compared to Council conducting an individual tender. This report seeks Council approval to continue utilising Contract 1801/0503 for purchase of new mobile garbage bins.

Attachments

Nil

Officers’ Declaration of Interests

Under Section 80C of the Local Government Act 1989 (as amended), officers providing advice

to Council must disclose any interests, including the type of interest.

Acting Director City Economy, Innovation & Liveability - Peter McKinnon

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

Waste Services Coordinator - Mikael Ooi

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

Key Issues

· Utilisation of Procurement Australia Contract Number 1801/0503 to procure mobile garbage bins.

RECOMMENDATION

That Council:

1. Approve the continued utilisation of Procurement Australia’s Contract Number 1801/0503: Mobile Garbage Bin to supply and deliver new mobile garbage bins to Wyndham City Council ;

2. Approve the CEO / Director authorisation to accept the contract term extensions available based on Contractors Performance and Best Value;

3. Advise Procurement Australia accordingly;

4. Sign and seal the contract documents (if required by Procurement Australia).

1. Background

On 2 June of 2014, Wyndham City Council gave permission to Procurement Australia (PA) to act as the sole agent for Council for the purpose of seeking tenders for the supply of new mobile bins under Contract Number 1801/0503.

On 4 August 2014, Procurement Australia was approved by the Minister of Local Government as a sole agent for Councils to enter into contracts made available for the provision of goods, services and works, under Section 186 (5)(c) of the Local Government Act 1989.

Council has been purchasing the mobile bins since the commencement of Contract 1801/0503 on 1 November 2014. The estimated amount that Council will spend for the purchase of new mobile bins from this contract is estimated to be $1,253,474 over the first 3 years of the contract. This has triggered a necessity to seek approval for Council to approve the purchase of mobile bins from this contract.

2. Discussion

2.1 Invitation by Procurement Australia (PA)

The Procurement Australia Contract 1801/0503: Mobile Garbage Bin tender offer was extended to 27 Local Councils throughout Victoria for the bulk purchasing of new mobile garbage bins. The contract replaces the previous Contract PA1212/0503 that expired on 31 October 2014.

2.2 Time table for Tendering

The process of tender development by Procurement Australia is outlined in the table below:

Step	Target Date
Tender documents preparation by PA	May 2014 – July 2014
Wyndham’s City Council’s Letter of Permission to PA to participate in the tender process for Contract 1801/0503:Mobile Garbage Bin	2 June 2014
Approval of PA by the Minister of Local Government under Section 186 (5)(c)	4 August 2014
PA’s Advertisement of Tender	5 August 2014
Tender evaluation by PA	1 - 30 September 2014
Award of Contract 1801/0503 by PA	1 November 2014

2.3 Result of Successful Tender

Evaluation of Tender

Procurement Australia used the following criteria for evaluation of the tenders:

a) Compliance to specification (22.5%);

b) Customer focus (12.5%);

c) Contractor performance (12.5%)

d) Corporate, social responsibility profile (2.5%); and

e) Price (50%)

Successful Listed Suppliers

The tender, Contract 1801/0503, went through a detailed assessment of all price and non-price related criteria above to award the tender to two suppliers:

a) Sulo Pty Ltd

b) Trident Plastics Pty Ltd

With two successful suppliers, councils are able to purchase mobile garbage bins competitively through this contract.

Contract Term

The contract term is for three (3) years with an option to extend for another two (2) years. The contract commenced on 1 November 2014 and expires on 31 October 2017, with an option to extend the Deed to 31 October 2019.

Contract Value

Council has budgeted $403,408 for mobile bin purchases in the 2016/17 financial year.

Council’s expected 3-year and 5-year contract spend on mobile garbage bins is $1,253,474 and $2,076,005 respectively.

Value for Money

A current check confirms that the contract remains value for money. Sulo confirms that the non-contractual unit prices for 140-L and 240-L mobile bins are $44.50 and $46.00 as compared to the unit prices in the Contract Number 1801/0503 at $43.02 and $44.66 respectively. There are savings of $1.48 per 140-L and $1.34 per 240-L mobile garbage bins. This translates to an estimated saving of $14,120 for last financial year and $13,040 for the current year. In addition to these savings Council avoids the cost of preparing and evaluating a tender if we were to procure supply as a single entity.

3. Council Policy

This contract complies with Wyndham’s Procurement Policy and Section 186 of the Local Government Act.

4. Financial Implications

A total of approximately 3,600 new dwellings are added to the municipality per year. This translates to approximately 7,200 new bins being delivered to new tenements every year in Wyndham. The bulk purchasing of bins through this contract will ensure that the unit price of new bins supplied to Wyndham City Council is competitive. Utilisation of this contract aligns with existing budget.

5. Environmental Implications

Supply of mobile bins supports the essential waste management service to Wyndham residents. This enables residents to recycle materials, divert food scraps and green waste to compost and reduce littering and illegal dumping.

Meeting Date	ORDINARY COUNCIL MEETING, 22 FEBRUARY 2016
Subject/File No	WYNDHAM ACTIVITY CENTRES STRATEGY 2016
Resolution:	That Council: 1. Adopt the attached Wyndham Activity Centres Strategy 2016 noting the recommended changes made to the draft Activity Centres Strategy June 2015 as identified in this report. 2. Defer consideration on options for the implementation of the Wyndham Activity Centres Strategy 2016 into the Wyndham Planning Scheme until it has had the opportunity to consider the outcomes of the Plan Melbourne Refresh process and Plan Melbourne 2016 in relation to Activity Centre Planning when it is released by the State Government.
Status:	State Government has advised this will be further revised in light of the recently established Victorian Planning Authority. The Wyndham Activity Centres Strategy will be reviewed in the context of state government changes and Council’s organisation change plan. Item closed.
Responsible Officer:	Kate Roffey, Director City Economy, Innovation & Liveability

Meeting Date	ORDINARY COUNCIL MEETING, 27 JUNE 2016
Subject/File No	NOTICE OF MOTION 565 – RECRUIT SMARTER: A BETTER WAY TO DO BUSINESS
Resolution:	That Council: 1. Note the State Government’s establishment of its Recruit Smarter: A Better Way to Do Business pilot project focusing on improving diversity in recruitment practices in government; 2. Support Council’s involvement in this pilot project as indicated to the Municipal Association of Victoria’s Multicultural Advisory Committee; and 3. Further reports on the progress of the pilot project (whether or not Wyndham City is included in the pilot project) will be presented to Council as appropriate.
Status:	As yet there have not been any meetings with potential pilot Councils as decisions regarding participation have not been made. It is possible that the approach taken might be to have a thematic group of Councils involved in specific consultations, rather than restricting participation to limited pilot Councils. Decision on Council’s involvement will occur over the coming months.
Responsible Officer:	Darren Ray, Senior Governance Adviser.

No.	Tenderers	Tendered Price (incl. GST)	Provisional Items if applicable (incl. GST)	TOTAL (incl. GST)
1	Comensura Pty Ltd	Schedule of Rates	N/A	Schedule of Rates
2	Tenderer B	Schedule of Rates	N/A	Schedule of Rates

PORTFOLIO COMMITTEES	COUNCILLOR PORTFOLIO HOLDER
1. Community Wellbeing	Cr Bob Fairclough
2. Cultural Diversity	Cr Gautam Gupta
3. Disability, Ageing and Inclusion	Cr Michele Wharrie
4. Economic Development	Cr Intaj Khan
5. Employment, Education and Training	Cr Heather Marcus
6. Environment and Sustainability	Cr Peter Gibbons
7. Housing	Cr John Gibbons
8. Services	Cr Adele Hegedich
9. Sport, Leisure and Open Space	Cr Peter Maynard
10. Transport	Cr Glenn Goodfellow
11. Youth	Cr Marie Brittan

1.View	Delegates Report - Community Wellbeing
2.View	Delegates Report - Environment & Sustainability
3.View	Delegates Report - Transport
4.View	Delegates Report - Youth

	Weighting
A. Qualitative Assessment
Corporate Responsibility	5%
Technical Capacity	40%
Management of Third Party Suppliers	15%
Services Offered - Methodology	20%
Contract Marketing and Implementation	10%
Supply Agreement	10%
Total	100%