Agenda of Council Meeting - Wednesday, 26 April 2023

Council Meeting Agenda 26 April 2023

Nillumbik Shire Council

Agenda of the Meeting of Nillumbik Shire Council to be held
Wednesday 26 April 2023 commencing at 7:00pm

1. Welcome by the Mayor

Members of the public are advised the meeting will be livestreamed and recorded and the livestream recording will be made publicly available on YouTube and Council’s website.

2. Acknowledgement of Country by the Mayor

Nillumbik Shire Council respectfully acknowledges the Wurundjeri Woi-wurrung people as the Traditional Owners of the Country on which Nillumbik is located, and we value the significance of the Wurundjeri people’s history as essential to the unique character of the shire. We pay tribute to all First Nations People living in Nillumbik, give respect to Elders past, present and future, and extend that respect to all First Nations People.

We respect the enduring strength of the Wurundjeri Woi-wurrung and acknowledge the ongoing impacts of past trauma and injustices from European invasion, massacres and genocide committed against First Nations People. We acknowledge that sovereignty was never ceded.

Wurundjeri Woi-wurrung people hold a deep and ongoing connection to this place. We value the distinctive place of our First Nations People in both Nillumbik and Australia’s identity; from their cultural heritage and care of the land and waterways, to their ongoing contributions in many fields including academia, agriculture, art, economics, law, sport and politics.

3. Good Governance Pledge

As Councillors, we are mindful of our civic responsibilities and obligations. We pledge to take them seriously, and to carry them out with diligence and integrity.

We know the decisions we take will affect the people and environment of Nillumbik, now and in the future. We undertake, therefore, to make sound and principled decisions of lasting value, in a spirit of fairness and for the good of all.

We also pledge to serve the needs and wellbeing of the community and the environment, in an open and honest manner and to the best of our abilities.

4. Prayer

A prayer will be read.

5. Apologies

To accept apologies from any Councillors not in attendance at the meeting.

Recommendation

That the apologies be noted.

6. Presentations

Sporting Presentations 26 April 2023

Lahna Meadows (Blue Lake Ward) receives $200 as a contribution for being selected to represent Australia at the World Skate Inline Speed Championships in Italy.

Ilse Dunell (Swipers Gully Ward) receives $150 as a contribution for being selected to represent Victoria at the Australian U15 Hockey National Championships in Darwin.

Nillumbik Shire Council wishes them every success with their future sporting pursuits.

7. Confirmation of Minutes

Confirmation of the minutes of the Council Meeting held on Tuesday 28 March 2023.

Recommendation

That Council confirms the minutes of the Council Meeting held on Tuesday 28 March 2023 (Attachment 1).

Attachments

1.	Minutes of Council Meeting held 28 March 2023

Council Meeting Agenda 26 April 2023

11. Reports of Advisory Committees

AC.003/23 Advisory Committee Report - 26 April 2023

Distribution: Public

Manager: Blaga Naumoski, Director Governance, Communications and Community Safety

Author: Katia Croce, Governance and Property Lead

Summary

Council has a range of Advisory Committees which provide a formal mechanism for Council to consult with key stakeholders, seek specialist advice and enable community participation. Although they do not make any formal decisions, they provide valuable advice to Council.

In accordance with Advisory Committee Terms of Reference, the following minutes of Advisory Committee meetings are attached (Attachment 1) and presented to Council for noting:

1. Positive Ageing Advisory Committee Meeting held 3 March 2023; and

2. Youth Advisory Committee meeting held 3 April 2023.

Attachments

1.	Advisory Committee Meeting Minutes reported 26 April 2023
Recommendation That Council notes the Minutes of the Advisory Committee meetings reported (Attachment 1).

THIS PAGE WAS LEFT INTENTIONALLY BLANK

Council Meeting Agenda 26 April 2023

12. Officers' reports

CM.025/23 Positive Ageing Advisory Committee - 2023 Membership Endorsement

Distribution: Public

Manager: Corrienne Nichols, Director Communities

Author: Narelle Hart, Manager Community Programs

Summary

The Positive Ageing Advisory Committee (PAAC) provides a formal mechanism for Council to consult with key stakeholders, seek specialist advice and enable community participation in the development, implementation and evaluation of activities to promote Positive Ageing in our community.

Following the endorsement of the Terms of Reference for the Positive Ageing Advisory Committee (PAAC) at Council meeting on 13 December 2022, recruitment for the PAAC opened on 20 December 2022 and closed on Wednesday 12 February 2023.

A total of fifteen applications were received, assessed and shortlisted against the selection criteria by an internal assessment panel.

This report updates Council on the proposed ten community nominees and four service provider nominees (Attachment 1) and seeks formal endorsement of the recommended new members.

Recommendation

That Council:

1. Endorses the fourteen recommended applicants listed for appointment to the 2023‑2025 Positive Ageing Advisory Committee (Attachment 1) as a Positive Ageing Advisory Committee member:

a. Applicant 1 .

b. Applicant 2 .

c. Applicant 3 .

d. Applicant 4 .

e. Applicant 5 .

f. Applicant 6 .

g. Applicant 7 .

h. Applicant 8 .

i. Applicant 9 .

j. Applicant 10 .

k. Applicant 11 .

l. Applicant 12 .

m. Applicant 13 .; and

n. Applicant 14 .

2. Acknowledges and thanks all community members and local agencies who submitted expressions of interest to the Positive Ageing Advisory Committee.

3. Resolves that the Panel Recommendations and Scoring (Attachment 1) to remain confidential on the grounds specified in the definition of confidential information in section 3(1)(f) of the Local Government Act 2020.

4. Resolves that the successful applicants be named.

Attachments

1.	Evaluation - Positive Ageing Advisory Committee - April 2023 - Confidential

Discussion

1. The Positive Ageing Advisory Committee (PAAC) was established as a reference group in August 2012, and became formally endorsed as an advisory committee by Council in 2018.

2. The PAAC was established to provide a formal mechanism for Council to consult with community representatives, and provides a mechanism whereby community representatives can discuss, advise on and action ideas that support positive ageing in Nillumbik.

3. The current committee was formally endorsed in April 2021 for a 2 year term, with the term expiring in April 2023.

4. In December 2022 Council endorsed changes to the Terms of Reference (TOR) and membership structure of the PAAC.

5. Under the newly endorsed structure there can be 10 community members, and up to four representatives of local aged care service providers, or community organisations, for a two year term. Current committee members are able to reapply for an additional two year term irrespective of their previous years of membership.

6. The newly endorsed committee will meet bi-monthly on the first Friday of every second month from 10.30am until 1.30pm.

7. Expressions of Interest (EOI) for the committee were open from 20 December 2022 to 12 February 2023, inviting applications from current committee members, members of the public, and organisations who provide services to the local community.

8. A formal evaluation process was undertaken by the Manager, Community Programs and the Coordinator, Community Support Services and it is recommended that the 10 community members and four organisations (Attachment 1) be appointed to the Positive Ageing Advisory Committee for the upcoming two year term.

Related Council decisions

9. On 15 November 2022 a Councillor Briefing report outlined the proposed changes to the PAAC ToR and committee structure was provided.

10. On 13 December 2022 a report was presented to Council whereby Council:

· acknowledged and thanked members of the PAAC for their advice and contribution to Council’s work to create an Age-Friendly Nillumbik.

· endorsed the revised ToR for the PAAC.

· endorsed the timeline and process for seeking EOIs for the PAAC membership to renew the committee by May 2023.

· instructed officers to provide a report on nominations to the PAAC to Council for endorsement on completion of the EOI.

Options

11. That Council formally endorses the fourteen nominees recommended for appointment to the 2023-25 Positive Ageing Advisory Committee (Attachment 1).

12. That Council note all applications received from past committee members and new community members have been recommended for acceptance. One application from a local service provider was not accepted due to it having been received some time after the EOI closing date

Council plans and policies

13. This report directly supports the achievement of the Council Plan 2021-2025 strategy:

· We actively engage people of all ages and stages in decisions that affect them, ensuring that initiatives meet current and emerging needs.

Access, Equity and Inclusion

14. A Gender Impact Assessment was not applied, however Council’s Access, Equity and Inclusion Policy has been considered. In particular the following areas of the Policy were applied:

· Community - The Expression of Interest process was broadly advertised and promoted to both individuals and agencies across the municipality.

· Equity - Where appropriate and required, individuals were provided with assistance to complete the application process.

· Human Rights – Active promotion of the PAAC to agencies serving the community in Nillumbik Shire Council, to encourage participation in the Advisory Committee.

Sustainability implications

15. Not applicable.

Community engagement

16. Nominations were sought via multiple channels including:

a. Online: via Council website and social media platforms

b. The Ageing Well in Nillumbik Newsletter and other Council department e‑newsletters

c. Positive Ageing networks and community groups

d. Word of mouth: phone calls, emails and conversations with participants, volunteers and community groups.

Innovation and continuous improvement

17. The inclusion of local service providers into the membership will bring new ideas, new partnership opportunities, and greater opportunities for providers to connect and understand the needs of residents, while responding to these needs in a more coordinated manner.

18. Having service providers in the membership also provides opportunities for the PAAC to learn about programs and services, current trends and matters related to the aged care sector

Collaboration

19. The Committee will support ongoing and new partnerships, information sharing and alignment of strategies and programs that contribute to positive ageing across the Nillumbik community.

Budget implications

20. All costs associated with the facilitation of the PAAC are accounted for within the Community Support Services operational budget.

Relevant law

21. Not applicable.

Regional, state and national plans and policies

22. Not applicable.

Conflicts of interest

23. All officers involved in the preparation of this report have made a declaration that they do not have a conflict of interest in the subject matter of this report

Council Meeting Agenda 26 April 2023

12. Officers' reports

CM.026/23 March 2023 Quarter Financial Report

Distribution: Public

Manager: Vince Lombardi, Chief Operating Officer

Author: Melika Sukunda, Manager Finance, Assets and Procurement

Summary

This report outlines Council’s financial performance and financial position for the period ended 31 March 2023.

The Income Statement shows an overall favourable year to date (YTD) variance of $6.3 million representing 20.97 percent of YTD Budget. This reflects the combined result of higher than budgeted operating income of $6.5 million and higher than budgeted operating expenses of $210,321.

Council’s overall financial position at the end of this quarter is sound.

The Chief Executive Officer has reviewed the quarterly report and the mid-year forecast and has determined that a revised budget is not required.

Recommendation

That Council receives and notes the Financial Report for the period ended 31 March 2023 (Attachment 1).

Attachments

1.	Quarterly Finance Report March 2023

Discussion

1. In May 2022, Council adopted the 2022-2023 Budget.

2. Budgeted surplus reflects the amount by which operating revenue exceeds operating expenses, in accordance with relevant accounting standards.

3. Operating expenditure excludes non-operating transactions such as capital works and investments, which are separately detailed in the report.

4. The report compares actual performance to budgeted targets at this stage of the financial year.

Income statement

5. Council closed the period ending 31 March 2023 with a favourable YTD variance of $6.3 million based on operating revenue and costs. This represents 20.97 percent of the YTD Budget.

6. The overall variance is made up of the following:

· Income – $6.5 million (6.3 percent) favourable variance. This includes new/additional grant funding $6.5 million, interest income $679,823 and developer contributions $350,654, offset by a reduction in user fees ($1.5 million) largely resulting from a reduction in membership uptake after COVID along with a reduction in swimming lessons due to teacher shortages as detailed on page 6 of Attachment 1.

· Expenditure – $210,321 (0.33 percent) unfavourable, mainly attributed to reduced employee benefits expenditure $1.2 million due to current vacancies and external contracts expenditure $594,271, offset by additional spend across materials and related costs $991,010, costs associated with storm event recovery $650,690 and lower operational expenditure associated with the leisure facilities. Additional details on variances are detailed on page 7 of Attachment 1.

Balance sheet

7. The balance sheet reflects Council’s financial position at 31 March 2023 and is prepared in compliance with the Australian Accounting Standards.

8. Council’s balance sheet as detailed on page 4 of Attachment 1 continues to show a strong net position. This is represented by one billion of assets which is largely made up of Council’s Property, Plant and Equipment. Council’s total liabilities are $48.3 million, which results in net assets of $954.3 million.

Statement of cash flows

9. The statement of cash flows as detailed on page 5 of Attachment 1 captures Council’s actual cash transactions for the period.

10. Council is showing a cash position of $8.6 million after all cash transactions for the period to date.

11. The $8.6 million does not include $39 million held in investments for a period of 90 days or greater as detailed on page 9 of Attachment 1.

Capital works

12. The capital works report detailing YTD spend by asset class is detailed on page 9 of Attachment 1.

13. This shows an unfavourable variance of ($672,800) million relative to YTD budget, largely driven by new (unbudgeted) additional works and commitments raised for upcoming works.

Related Council decisions

14. Council adopted the 2022-2023 Budget at the Council Meeting held on 24 May 2022.

Options

15. The detailed Financial Report for the period ended 31 March 2023 is provided in Attachment 1. This report is an analysis of Council’s financial performance and financial position as at 31 March 2023. The report also includes an analysis of budget variances.

Council plans and policies

16. This report directly supports the achievement of Council Plan 2021-2025 strategy:

· Ensure responsible and efficient management of Council's financial resources.

Access, Equity and Inclusion

17. A Gender Impact Assessment has been conducted on the budget process and Gender Responsive Budgeting included within the guidelines as a priority consideration throughout the development of the draft 2023-2024 budget.

Sustainability implications

18. Council’s financial sustainability is informed by the indicators set by the Victorian Auditor General’s Office (VAGO). These indicators comprise of both short term and longer term measures. This is monitored through the annual external audit and presented to the Audit and Risk Committee.

19. The quarterly financial statements are used as an ongoing mechanism to monitor Council’s financial position during the year.

Community engagement

20. The budget was subject to public exhibition prior to its final adoption by Council.

Innovation and continuous improvement

21. Not applicable.

Collaboration

22. Not applicable.

Budget implications

23. The Chief Executive Officer has reviewed the quarterly report and the mid-year forecast and has determined that a revised budget is not required.

24. This is a standard reporting item to Council, the associated costs for which are included in the current budget.

Relevant law

25. Local Government Act 2020, section 101 Financial Management Principles.

26. Local Government Act 2020, section 97 Quarterly Budget Report

27. Australian Account Standards.

Regional, state and national plans and policies

28. Not applicable.

Conflicts of interest

29. No officer involved in the preparation of this report has declared a conflict of interest.

THIS PAGE WAS LEFT INTENTIONALLY BLANK

Council Meeting Agenda 26 April 2023

12. Officers' reports

CM.027/23 Draft Onsite Wastewater Management Plan 2024-2029

Distribution: Public

Manager: Rosa Zouzoulas, Director Planning, Environment and Strategy

Author: Renae Ahern, Manager Planning Services

Summary

The Draft Onsite Wastewater Management Plan has been brought to Council as a statutory document which is to be developed with the consultation of water corporations, the community and other stakeholders.

Building on the success of the previous Domestic Wastewater Management Plan, the most significant objective of the Draft Onsite Wastewater Management Plan (OWMP) 2024-2029, is to develop a risk management assessment for managing the ongoing wastewater requirements throughout the Shire.

The purpose of this report is to seek Council resolution to put the Draft Onsite Wastewater Management Plan out for public consultation.

Recommendation

That Council:

1. Endorses the Draft Onsite Wastewater Management Plan shown at Attachment 1 for public consultation from 30 April 2023 to 28 May 2023;

2. Invites written submissions regarding the Draft Onsite Wastewater Management Plan (Attachment 1) by 28 May 2023; and

3. Considers public submissions at a future Planning and Consultation Committee meeting.

Attachments

1.	Draft Onsite Wastewater Management Plan 2024-2029

Discussion

1. Council’s existing Domestic Wastewater Management Plan (DWMP) was adopted in 2019 and covers the period 2019-2023. Since adopting the existing plan, there have been a number of changes in regulatory guidance relating to domestic onsite wastewater management that have broaden the responsibilities for wastewater management, in particular the introduction of the General Environmental Duty (GED).

2. The GED requires that businesses and land owners are responsible to reduce the risk to human health and the environment. This means that people must manage their activities to reduce the risk of harm from pollution or waste.

3. The Environment Protection Act 2017, the Environment Protection Regulations 2021 and the transitional provisions for Clause 29 of SEPP (Waters), mean that Council is obligated to provide a 5 yearly review of the Onsite Wastewater Management Plan (OWMP), formerly the Domestic Wastewater Management Plan (DWMP).

4. Nillumbik Shire has been able to achieve many successes with the existing plan, in particular the extension of the reticulated sewer network within the Shire. Engagement with Yarra Valley Water (YVW) has provided a positive outcome from the 2021 Prioritisation process, where YVW review and prioritise the Community Sewerage Program areas for connection in the 2023-2028 Price Submission.

5. YVW have provided some preliminary projected connection data to Nillumbik for the Draft Onsite Wastewater Management plan, which may be subject to change in the future, i.e. dates and numbers of properties. The number of Nillumbik properties on the Community Sewerage Program, however has increased from 372 to 512. The majority of the Nillumbik areas are in the top 10 priority areas list, with design and planning for sewer infrastructure to be in 2026-2029 for some areas instead of 2023-2032.

6. The Draft Onsite Wastewater Management Plan 2024-2029 incorporates the new legislative changes and sets out a plan to commence the required risk management assessment of onsite wastewater management across Nillumbik Shire, along with continued engagement with YVW to assist with the future sewer connection programs.

Related Council decisions

7. Council adopted the previous Domestic Wastewater Management Plan at the Ordinary Meeting of Council on 25 June 2019.

Council plans and policies

8. This report directly supports the achievement of the Council Plan 2021-2025 strategy:

· We seek to enhance community safety, public health, amenity and the environment through improved planning and community engagement, prioritising fair and transparent approaches to managing compliance and enforcement.

Access, Equity and Inclusion

9. The Final Onsite Wastewater Management Plan 2024-2029 will include an Acknowledgement of Country.

10. The Plan is intended to raise awareness of Council’s activities in relation to onsite wastewater management across the Shire, including advocacy for equitable sewer provision.

11. Resolution to take the Draft Plan to public consultation, provides a further opportunity for the community to engage with Council.

Sustainability implications

12. Effective management of onsite wastewater management systems is directly aligned with Council’s various environmental strategies, and is key to reducing the risk to human health and the environment.

13. Council officers are aware of the economic impact of installing, upgrading, monitoring and maintenance of onsite wastewater management systems and will provide education tools and assistance to owners and occupiers with onsite wastewater systems.

14. Installation approvals will consider the long term environmental sustainability of systems where reticulated sewer will not be a future option. Council’s ongoing advocacy program for the provision of reticulated sewer throughout all the townships within Nillumbik achieves sustainability outcomes.

Community engagement

15. Council engaged with the Community Sewerage Program areas within the Shire including St Andrews, Panton Hill, Yarrambat, Hurstbridge, Plenty, Diamond Creek and Wattle Glen, via a survey. The survey sought to determine the types of systems currently in use, the regularity of maintenance and the appetite for connection to reticulated mains sewer. A summary of results is included as an Appendix of the plan.

Innovation and continuous improvement

16. The plan includes an Action Plan outlining five Focus Areas, with strategies to achieve improvements in data maintenance, public education and awareness and to commence an evidence based risk management assessment and program in line with the Department of Environment, Energy and Climate Action (DEECA) guidance documents.

Collaboration

17. Council’s Environmental Health team will continue to build on the successful collaborating relationships established with YVW, Melbourne Water, RMIT, EPA, DEECA and the Municipal Association of Victoria (MAV), and with the community and internal stakeholders throughout the life of the new plan.

Budget implications

18. Implementation of the Onsite Wastewater Management Plan will be accommodated within the existing Environmental Health Services operational budget, and will be supported by any future funding opportunities from MAV (recently awarded a $20,000 grant to assist with record cleansing), DEECA and Melbourne Water, who has previously assisted with a grant to fund a water sampling regime.

Relevant law

19. Environment Protection Act 2017

20. Environment Protection Regulations 2021

21. Environment Protection Transitional Regulations 2021 (Clause 29 SEPP [Waters]).

Regional, state and national plans and policies

22. Code of Practice – Onsite wastewater management, EPA Publication 891.4

23. Regulating onsite wastewater management: local government toolkit, EPA Publication 1974

24. Onsite wastewater management plans: risk assessment guidance, DWELP 2022.

Conflicts of interest

25. No officers involved in the preparation of this report has a conflict of interest.

THIS PAGE WAS LEFT INTENTIONALLY BLANK

Council Meeting Agenda 26 April 2023

12. Officers' reports

CM.028/23 January 26 Citizenship Ceremonies moving forward

Distribution: Public

Manager: Corrienne Nichols, Director Communities

Author: Nichole Johnson, Manager Community Partnerships

Summary

The purpose of this report is to seek endorsement from Councillors regarding a change of date for the Citizenship ceremony that has previously been held on January 26.

The report provides information on the announcement on the update to the Australian Citizenship Ceremonies Code from the Minister for Immigration, Citizenship and Multicultural Affairs. This update enables Local Government greater flexibility to deliver Citizenship January 26.

Recommendation

That Council:

1. Endorses the change of date for Citizenship Ceremony currently held on January 26 to post January 26 moving forward.

2. Endorses that the 2024 Citizenship Ceremony is to be held on Monday 29 January 2024.

3. Endorses the date for future January Citizenship Ceremonies be determined annually at a Council meeting in November which coincides with the election of the Mayor, 14 months prior to the ceremony.

Attachments

1.	Announcement of changes to the Australian Citizenship Ceremonies Code
2 .	Amended - Australian Citizenship Ceremonies Code December 2022

Discussion

1. On Friday 16 December 2022, the Honourable Andrew Giles MP (Minister for Immigration, Citizenship and Multicultural Affairs) announced an update to the Australia Citizenship Ceremonies Code (Attachment 1).

2. The Amended - Australian Citizenship Ceremonies Code (Attachment 2) sets out the requirements for conducting citizenship ceremonies in accordance with the Australian Citizenship Act 2007.

3. The update provides Local Government entities with greater flexibility to deliver citizenship ceremonies on or around 26 January.

4. Prior to this update, Councils were required to hold a citizenship ceremony on “Australia Day”.

5. The update now enables Councils that currently hold a citizenship ceremony on 26 January, to continue to conduct the ceremony on January 26 or, change the date to any of the three days before or after this date.

6. Ceremonies held in the period between the 23 and 29 January will meet the requirements.

7. The update will allow Local Governments greater flexibility to schedule ceremonies as part of a broader program of community events, and to reduce the significant operational costs involved in hosting an event on a public holiday.

8. The update further reflects and recognises that January 26 is a day of mourning for First Nations people of Australia.

9. In 2023, Nillumbik Shire Council will commence development of our first Reflect Reconciliation Action Plan (RAP).

10. The RAP will outline the shared approach Council will take to progress reconciliation and work alongside Aboriginal people in all Council services. The RAP is a formal commitment to support First Nations peoples’ rights, culture, heritage, needs and aspirations.

11. In line with Nillumbik’s RAP development, future Council events, programs and initiatives pertaining to Aboriginal culture and history will be informed by Council’s RAP working group and through Council’s ongoing consultation with Wurundjeri Elders. This is including, but not limited to, events and initiatives delivered as part of NAIDOC week, Reconciliation Week and January 26.

12. As part of Nillumbik’s RAP community engagement, respondents will have the opportunity to make suggestions about what events and projects they would like to see delivered as part of Council’s reconciliation journey.

Related Council decisions

13. On 26 July 2022, Council endorsed moving the Australia Day Awards Program which was held on January 26 to an alternate date. Citizenship Ceremonies remained on January 26 as part of the requirements under the Australian Citizenship Ceremonies Code.

Options

14. With respect to the update to Australian Citizenship Ceremonies Code, Council Officers recommend that Council respond by discontinuing the delivery of citizenship ceremonies on January 26 or “Australia Day” from 2024 onwards.

15. This decision aligns with the values and strategic direction of the RAP, recognising that January 26 is a day of mourning for First Nations people of Australia.

16. This decision also aligns with guidance provided by Nillumbik traditional owners (the Wurundjeri Woi-Wurrung people of the Kulin nation), that celebrations undertaken on January 26 can be reasonably expected to cause offense and/or harm to First Nations people.

17. The option put forward for Councillors endorsement is as follows:

a. New date for the January Citizenship ceremony will be held within the three days post January 26 taking into consideration if this date falls on a weekend, but will still be within the allowed time frame.

b. For 2024 the Citizenship Ceremony will be held on Monday 29 January 2024.

c. All future January Citizenship Ceremonies will be determined annually at a Council meeting in November which coincides with the election of the Mayor, 14 months prior to the ceremony.

Council plans and policies

18. This report directly supports the achievement of the Council Plan 2021-2025 strategy:

a) We protect Aboriginal cultural heritage; through building trust, education and celebration, we stand with First Nations people respecting their unique place in our Nation.

Access, Equity and Inclusion

19. A Gender Impact Assessment (GIA) was conducted on Monday 6 February 2023 which identified the following recommendations:

a) Include feedback survey to conferees

b) First Nations education and truth telling to be included in speech notes.

Sustainability implications

20. Not applicable.

Community engagement

21. No formal community engagement has been undertaken although community feedback through social media and other forms of informal communication (including feedback from our recent Citizenship Ceremony held on January 26) strongly indicates support for any activities to be changed from January 26 and to acknowledge and respect this day as a day of mourning for First Nations people of Australia.

Innovation and continuous improvement

22. As Council is the process of developing the RAP which is a formal commitment to support First Nations peoples’ rights, culture, heritage, needs and aspirations, continuous improvement in this area is strongly recommended.

Collaboration

23. The decision to change the date of citizenship ceremony from January 26 aligns with the guidance and the work that we are doing with the Nillumbik traditional owners (the Wurundjeri-Woi-Wurrung people of the Kulin nation) and Nillumbik Reconciliation Group (NRG).

Budget implications

24. Holding a citizenship ceremony on an alternate date other than January 26 will enable Council to hold an event on a day that is not on a public holiday. This would reduce costs such as hospitality, entertainment and wages due to the addition of public holiday surcharges.

Relevant law

25. Not applicable.

Regional, state and national plans and policies

26. The Australian Citizenship Ceremonies Code sets out the requirements for conducting citizenship ceremonies in accordance with the Australian Citizenship Act 2007.

Conflicts of interest

27. All officers involved in the preparation of this report have made a declaration that they do not have a conflict of interest in the subject matter of this report.

Council Meeting Agenda 26 April 2023

12. Officers' reports

CM.029/23 Jalna Court, Eltham - Proposed Special Charge Scheme

File: FOL/20/3711

Distribution: Public

Manager: Vince Lombardi, Chief Operating Officer

Author: Enrique Gutierrez, Manager Capital and Infrastructure

Summary

On 29 July 2021 Council received a petition by property owners to partially seal Jalna Court, Eltham, with costs recovered via the implementation of a Special Charge Scheme.

On 21 December 2021 an initial questionnaire was sent to all property owners to gauge their level of support. As part of this questionnaire the first two properties in the street (1 Jalna Court and 6 Jalna Court) were also asked of their interest for a partial scheme to seal only the section of road adjoining these two properties.

The result of the questionnaire confirmed insufficient support to proceed further with an investigation into a Special Charge Scheme to seal the full length of Jalna Court, however there was support to proceed with further investigation into a partial scheme involving the first two properties.

Council officers held an information session on site on 1 September 2022 with these two property owners. On 27 September 2022 a formal questionnaire was sent to confirm their support for sealing the section of road. Both properties confirmed their support.

Based on these results, it is recommended that the development of the Jalna Court Special Charge Scheme proceeds.

Recommendation

That Council:

1. Proceeds with the development of a Special Charge Scheme for the partial sealing of Jalna Court, Eltham, (between the western boundary of 1 Jalna Court and the intersection with Sweeneys Lane), with a rural standard of construction.

2. Invites affected property owners to join the task group and to provide comments for consideration within the design process.

Attachments

1.	Jalna Court Special Charge Scheme Area
2 .	Apportionment to affected properties

Discussion

1. On 29 July 2021 Council received a petition signed by three property owners to partially seal Jalna Court, between the intersection with Sweneys Lane and 3 Jalna Court, via a Special Charge Scheme.

2. Due to the location of the property boundaries, Council officers advised that the requested partial scheme did not meet the guidelines.

3. However, a revised partial scheme was agreed upon, which would include the first two properties in the street (1 Jalna Court and 6 Jalna Court).

4. Property owners along Jalna Court were surveyed to determine the level of interest to further investigate sealing of the entire road.

5. On 21 December 2021, an initial questionnaire was sent to all property owners.

6. The result of the questionnaire did not demonstrate sufficient level of support for sealing the full length of Jalna Court (table below).

	Construction	No Change	Total
Votes	3	3	6
Percentage	50%	50%	100%

7. The questionnaire sent to 1 Jalna Court and 6 Jalna Court included an option to proceed with further investigation into a partial Special Charge Scheme to seal the section of road between Sweeneys Lane and the western boundary of 1 Jalna Court.

8. The questionnaire result for this option demonstrated a sufficient level of support to proceed with further investigation. (table below)

	Construction	No Change	Total
Votes	2	0	2
Percentage	100%	0%	100%

9. Council officers held an information session on site, on 1 September 2022, with the two property owners.

10. At the information session, general information was discussed related to the construction standard, cost apportionment, scheme procedure, statutory process and reconciliation of the scheme.

11. On 27 September 2022, a formal questionnaire was sent to 1 Jalna Court and 6 Jalna Court to ascertain the level of support for the partial sealing the road, via a Special Charge Scheme. The results of the formal questionnaire are shown in Table below:

	Construction	No Change	Total
Votes	2	0	2
Percentage	100%	0%	100%

12. The level of support established for a Special Charge Scheme for the partial sealing of Jalna Court is 100 percent, which is above the 60 percent level of support required.

13. The level of support is above the level required in accordance with Council’s endorsed Special Charge Schemes for Road and Drainage Works Policy & Guidelines, it is recommended that the development process proceeds.

Related Council decisions

14. Not applicable.

Options

15. Options available to Council are:

· Resolve to proceed as per the recommendations of this report, or

· Resolve to abandon further investigation into a Special Charge Scheme, place any further scheme investigation on a three year moratorium and notify affected property owners accordingly.

Council plans and policies

16. This report directly supports the achievement of the Council Plan 2021-2025 strategy:

· We continue to deliver on our road management responsibilities; working to enhance infrastructure that aligns with the character of the neighbourhood.

Access, Equity and Inclusion

17. Not applicable.

Sustainability implications

18. Council is committed to use the environmentally sustainable materials where available.

Community engagement

19. Consultation has been carried out in line with Council’s Special Charge Schemes for Road and Drainage Works Policy & Guidelines.

Innovation and continuous improvement

20. Not applicable.

Collaboration

21. Not applicable.

Budget implications

22. All costs associated with the investigation are accommodated within existing operational budgets.

Relevant law

23. The ‘Special Charge Scheme’ legislation under Section 163 of the Local Government Act 1989 (The Act), enables a Council to recover the cost of the works from the property owners, for works that will be of special benefit to them.

Regional, state and national plans and policies

24. Not applicable.

Conflicts of interest

25. The officers involved in the preparation of this report do not have a conflict of interest in the subject matter of this report.

THIS PAGE WAS LEFT INTENTIONALLY BLANK

Council Meeting Agenda 26 April 2023

12. Officers' reports

CM.030/23 Land Management Incentive Program - Risk Review

Distribution: Public

Manager: Carl Cowie, Chief Executive Officer

Author: Jeremy Livingston, Director Culture and Performance

Summary

This report relates to a risk review of Council’s Land Management Incentive Program (LMIP) as it relates to deer control and the use of high-powered firearms.

The LMIP offers incentive grants to the community (landowners) for sustainable land management activities that have positive ecological outcomes, support threatened species conservation, and/or support improved and sustainable land management outcomes.

The LMIP guidelines (Attachment 2) were revised and endorsed by Council at the November 2021 Council Meeting. One of the many revisions included more explicitly incorporating deer control into the eligibility criteria of the incentive grants.

Unlike the State Government funded Sugarloaf Link Project, the decision to include deer control into the eligibility criteria of the LMIP program did not include a risk assessment. In hindsight, a risk assessment should have been undertaken for this high-risk activity when the LMIP guidelines were revised in 2021.

To remedy this, the deer control component of the LMIP has now been subject to an independent risk a review, including a detailed risk assessment (Attachment 1).

Given the use of high powered firearms in deer control, this high-risk activity requires a very strong and robust control environment to manage the level of risk associated with this activity. Having regard to the independent risk assessment now undertaken, and the significance of the risk identified, it is recommended that Council:

· Remove deer funding from the LMIP; and

· Consider opportunities for the use of Council contactors for deer control outside of this program.

Recommendation

That Council:

1. Removes shooting based activities as part of the LMIP.

2. Continues to explore alternative programs to manage deer control across the Shire.

3. Requests the Director Planning, Environment and Strategy to implement this decision.

Attachments

1.	LMIP Deer Control Risk Assessment - March 2023
2 .	LMIP Guidelines - November 2021 (Council adopted)
3 .	LMIP Review Fact Sheet - November 2021

Discussion

1. The Land Management Incentive Program (LMIP) is a key component of Council’s environmental and agricultural advisory and extension service.

2. Established in 1996 (then known as the Community Weed Control Program), the program supports the delivery of Council’s Green Wedge Management Plan 2019 by offering incentive grants to community members (landowners) for land management activities that have positive ecological outcomes, support threatened species conservation, and/or support improved and sustainable land management outcomes.

3. At the November 2021 Council Meeting, Council endorsed revised guidelines for Council’s LMIP (Attachment 2). These revisions sought to maximise environmental outcomes based on the experience of Council officers; community enquiry data; emerging conservation, invasive species and climate change issues and trends; State Government policy and priorities; benchmarking against other Council programs; and feedback from Council’s Environment and Sustainability Advisory Committee (ESAC).

4. One of the many endorsed revisions to the LMIP guidelines was the more explicit eligibility criteria for deer control within the program.

5. The revised LMIP guidelines are similar to the Council operated deer control projects (such as the Sugarloaf Link Project) by relying on individual landowners or a project control group to manage the funded project and engage a professional animal controller.

6. Planning and procurement for projects such as the Sugarloaf Link Project has included a reliance on risk assessments, applied to firstly understand the requisite activities and processes, and then to identify major risks and mitigate these risks through a series of controls.

7. Unlike the Sugarloaf Link Project, the decision to include deer control into the eligibility criteria of the LMIP program did not include a risk assessment.

8. In hindsight, a risk assessment should have been undertaken for this high-risk activity when the LMIP guidelines were revised in 2021.

9. Given the use of high powered firearms in deer control, this is a high-risk activity that requires a very strong and robust control environment to manage the level of risk associated with this activity. As such, the deer control component of the LMIP has now been subject to an independent risk review, as detailed in the risk assessment undertaken by Council’s Risk Advisor, as outlined in Attachment 1.

Related Council decisions

10. At the November 2021 Council Meeting, Council endorsed the revised Land Management Incentive Program Guidelines 2021 (Attachment 2).

Options

11. Having regard to the risk review now undertaken, and the significance of the risk identified, it is recommended that Council:

· Remove deer funding from the LMIP; and

· Consider opportunities for the use of Council contactors for deer control outside of this program.

12. Furthermore, there may be opportunities for Council to provide greater education and awareness with respect to deer control, rather than providing incentive grants for deer control through the LMIP.

13. Alternatively (and not recommended), Council could accept the risk (accepting a high risk appetite) and continue to include deer control as an eligible activity within the LMIP.

Council plans and policies

14. This report directly supports the achievement of the Council Plan 2021-2025 strategy:

Access, Equity and Inclusion

15. A Gender Impact Assessment has not been applied to the LMIP guidelines, and is not applicable to the risk review now undertaken.

Sustainability implications

16. The LMIP seeks to promote sustainable land management and biodiversity conservation and increase community capacity to help deliver these objectives.

Community engagement

17. The revised LMIP guidelines were presented to Council’s Environment and Sustainability Advisory Committee (ESAC), who supported the proposed changes.

18. Wider community consultation on revisions to the LMIP guidelines was not undertaken.

Innovation and continuous improvement

19. The risk review undertaken has reviewed the control environment for improvements to the deer portion of the LMIP, and makes recommendations accordingly.

Collaboration

20. Not applicable.

Budget implications

21. This report presents no budget implications. The LMIP has a recurrent grant-pool budget of $60,000. The maximum available amount for each grant is $10,000.

Relevant law

22. The LMIP is a tool which supports Council and private landowners to comply with the following legislative requirements:

· Environment, Protection and Biodiversity Conservation Act 1999

· Flora and Fauna Guarantee Act 1988

· Catchment and Land Protection Act 1994

· Climate Change Act 2017.

23. Council must also take into account the compliance provisions of the Local Government Act 2020 for good governance, community accountability requirements, complaints, procurement, along with a robust risk control environment to protect itself against legal action under the Wrongs Act 1958.

Regional, state and national plans and policies

24. Not applicable.

Conflicts of interest

25. All officers involved in the preparation of this plan have made a declaration that they do not have a conflict of interest in the subject matter of this report.

Council Meeting Agenda 26 April 2023

12. Officers' reports

CM.031/23 Ageing Well in Nillumbik Action Plan 2019-2022 - Final Report

Distribution: Public

Manager: Corrienne Nichols, Director Communities

Author: Narelle Hart, Manager Community Programs

Summary

The purpose of this report is to provide Councillors with the final report of the Ageing Well in Nillumbik Action Plan 2019-2022.

The report provides information on activities undertaken over the three year period of the plan, with particular focus on the final year of the plan.

Recommendation

That Council:

1. Accepts the Final Report of the Ageing Well in Nillumbik Action Plan 2019-2022 (Attachment 1).

2. Agrees that any actions from the Ageing Well in Nillumbik Action Plan 2019-2022 (Attachment 2) that require ongoing work will be embedded in the Year 3 and 4 Action Plans of the Nillumbik Health and Wellbeing Plan.

3. Agrees that new actions that support positive ageing and wellbeing will be identified and prioritised in consultation with the Positive Ageing Advisory Committee (PAAC).

4. Acknowledges the positive outcomes that have been achieved through the Ageing Well in Nillumbik Action Plan 2019-2022.

Attachments

1.	Final Report of the Ageing Well in Nillumbik Action Plan
2 .	Ageing Well in Nillumbik Action Plan 2019-2022
3 .	Ageing Well in Victoria Action Plan 2022-2026
4 .	Ageing is Everyone's Business - Report on Isolation and Loneliness among Senior Victorians

Discussion

1. The Ageing Well in Nillumbik Action Plan 2019-2022 (AWiNAP) (Attachment 2) was developed in consultation with the Positive Ageing Advisory Committee (PAAC). It is part of an integrated set of Council plans and intended to compliment and support the implementation of these plans.

2. The plan and activities were created and have been implemented with the World Health Organisation principles of Age-Friendliness at their core.

3. The vision for the AWiNAP was that Nillumbik residents will live and age well in healthy and safe communities that are inclusive and respectful and the plan had a specific focus on priorities, actions and activities to strengthen, benefit and resource older people, their carers and families across Nillumbik.

4. The Final Report of the Ageing Well in Nillumbik Action Plan 2019-2022 term has now concluded and a report detailing the achievements is attached (Attachment 1).

Related Council decisions

5. In late 2018 Council’s Future Nillumbik Committee adopted a number of resolutions to guide and support a considered response to the National Aged Care Reform. The resolutions included:

· Transition from the delivery of highly subsidised services which can be offered by other providers in the market based aged care system by June 2020.

· Realign Councils role in supporting older people toward improving the opportunities and choices for older residents to live and age well in Nillumbik by;

1. Establishing an information advocacy and navigation service which supports older residents and carers to navigate a significantly changed service system and a diverse range of positive ageing programs

2. Continuing to provide Community Transport and conduct a service delivery review

3. Developing a business model for social connection and social participation

4. Undertaking a service delivery review for community based social meals in place of delivered meals for Council consideration.

· Continue to deliver Regional Assessment Services until such point that the Commonwealth and State Governments determine the future operating and funding model and then review Council’s role.

· Continue to engage with the PAAC as part of the transition process and service delivery reviews.

· Develop and resource a transition plan to effectively implement these changes

6. In March 2019 Council adopted the AWiNAP.

Options

7. The AWiNAP term is now concluded. Priorities identified in Nillumbik Health and Wellbeing Plan (HWBP) 2021-2025 support the principles of Age-Friendliness and provide the framework to embed positive ageing actions.

8. Actions from the AWiNAP 2019-2022 that require ongoing work and newly identified actions to enable active participation and support of older people in the Shire will be developed in consultation with PAAC in 2023. These will then be embedded in the Year 3 and 4 Action Plans of the HWBP.

Council plans and policies

9. This report directly supports the achievement of the Council Plan 2021-2025 strategy:

· We work towards creating an age-friendly community where all people regardless of their age or ability can live a good quality of life.

Access, Equity and Inclusion

10. The AWiNAP was developed with consideration to access, equity and inclusion for older people across the Shire.

Sustainability implications

11. Implementation of actions associated with the AWiAP and future actions, relies largely on Council advocating for and delivering services, programs and activities for older people. Additionally, Council also plays a significant role in facilitating and resourcing the community and groups to meet the needs of older people to ensure sustainability beyond the limited resources that are available from Council.

Community engagement

12. The development and implementation of the AWiNAP was undertaken in consultation with the PAAC and via the PAAC members, the broader network of community groups and residents were consulted.

13. Local agencies and service providers were engaged and collaborated at various stages of the development and implementation of the plan, providing services and support where appropriate. This is reflected in the report.

14. Throughout the cycle of the AWiNP, progress was reviewed annually in consultation with PAAC.

Innovation and continuous improvement

15. Continuous Improvement and innovation have been integral in the implementation of AWiNAP actions with examples of innovative projects such as the Seniors Exercise Park and the Dementia Alliance as outlined in the Final Report of the Ageing Well in Nillumbik Action Plan 2019-2022 (Attachment 2).

Collaboration

16. Throughout the implementation of the AWiNAP, ranges of networks and service providers have supported the delivery of activities and programs. Council’s Community Support Services team have collaborated with other Councils in the Northern Region, and through the MAV Positive Ageing Network to deliver a number of activities and events. For example – the Banyule Nillumbik Positive Ageing Expo held in 2020 provided both communities with a comprehensive expo of events, activities, advice and information for older residents and feedback was very positive.

17. Other key collaborators include Yarra Plenty Regional Library, Living and Learning Centres, Red Cross, Country Fire Authority, local schools, Banksia Palliative Care, St Vincent’s Healthy Ageing Service, Merri Health and HealthAbility.

Budget implications

18. Delivery of the AWiNAP has been within allocated operating budget.

Relevant law

19. Not applicable

Regional, state and national plans and policies

20. Ageing Well in Victoria Action Plan 2022-2026 (Attachment 3). This plan reflects learnings from the previous State plans and directs activities towards the future for older people in Victoria.

21. Ageing is everyone’s business – Report on isolation and loneliness among senior Victorians (Attachment 4). This report was undertaken by the Commissioner for Senior Victorians and informs our professional practice and activities for older people in the Shire

Conflicts of interest

22. All officer involved in the preparation of this report have made a declaration that they do not have a conflict of interest in the subject matter of this report.

Council Meeting Agenda 26 April 2023

12. Officers' reports

CM.032/23 Tender Report - Contract 2223-035 Design and Construction of a Modular Changing Places and Toilet Facility - Alistair Knox Park

Distribution: Public

Manager: Vince Lombardi, Chief Operating Officer

Author: Enrique Gutierrez, Manager Capital and Infrastructure

Summary

This report recommends the awarding of contract 2223-035 for Design and Construction of a Modular Changing Places and Toilet Facility - Alistair Knox Park which will replace the ageing brick public toilet facility which does not meet current community expectations, desired service levels or compliance standards such as accessibility.

The contract will commence on 1 May 2023 with completion expected by 1 April 2024.

The Tender Evaluation Panel (TEP) has assessed all submissions and this report provides a summary of their evaluation in recommending the awarding of the contract for 2223-035 for Design and Construction of a Modular Changing Places and Toilet Facility - Alistair Knox Park.

Pursuant to the Instrument of Delegation to the Chief Executive Officer, the value of this contract exceeds the specified financial limits and a Council resolution is therefore required to award the contract.

Recommendation

That Council:

1. Accepts the tender submitted by the preferred tenderer for the sum of $[Redacted] plus $[Redacted] for contingency (inclusive of GST) and enter into the following contract:

Number: 2223-035

Title: Design and Construction of a Modular Changing Places and Toilet Facility - Alistair Knox Park

Term: 1 May 2023 to 1 April 2024

Options: Not applicable.

2. Authorises the Chief Operating Officer to finalise and execute the contract documentation.

3. Authorises the Chief Operating Officer to approve additional cost variations that are a result of unknown latent site conditions or changes to building requirements throughout the term of the contract with a value of no more than the approved budget for the project.

4. Notes that any variations that exceed the agreed approved budget will require a further Council resolution.

5. Advises all tenderers accordingly.

6. Makes public the decision regarding this contract but the Tender Evaluation Report 2223-035 (Attachment 1) remain confidential on the grounds specified in the definition of confidential information in section 3(1)(g) of the Local Government Act 2020.

7. Resolves that the preferred tenderer be named.

Attachments

1.	Tender Evaluation Summary Report 2223-035 - Confidential

Discussion

1. At present, Alistair Knox Park is served by an aging brick toilet facility located on the eastern side of the park, located next to Main Road, Eltham VIC 3095

2. The existing facility is a typical male and female facility, does not meet current community expectations, desired service levels or compliance standards such as accessibility and is nearing the end of its useful life.

3. The facility serves users of Alistair Knox Park, the adjacent Diamond Creek Trail and passers-by.

4. Council is now looking to replace the existing facility with a more appropriate, modern and fully accessible facility.

5. Due to time constraints around funding and the need for a simple yet stylish and modern replacement, it has been decided to install a modular/pre-fabricated style facility within Alistair Knox Park, but in a more appropriate location, closer to the main paths and playground.

6. The existing facility will be demolished. This will be done by others and will not be part of this contract.

7. This contract is part of a larger project, which is jointly funded via Department of Families, Fairness and Housing and Council.

8. The larger project includes a fully compliant and certified Changing Places Facility, which will be delivered under this contract, along with universally designed access paths and other elements of the project which will be delivered under separate contracts.

Council plans and policies

9. This report directly supports the achievement of the Council Plan 2021-2025 strategy Good governance

· We continue to exercise sustainable and responsible financial management.

Open Spaces

· We carefully protect, plan, maintain and improve open spaces, streetscapes and places to ensure that they are safe, accessible and enjoyable.

Tender overview

The Tender Evaluation Panel (TEP) advises that:

10. A public tender was issued on and advertised in the Melbourne Age on Saturday 18 February 2023.

11. The period for tender submissions closed at 2pm on Thursday 9 March 2023.

12. The following tenders were received:

TENDERER
Tenderer A – Preferred Tender
Tenderer B
Tenderer C
Tenderer D
Tenderer E
Tenderer F
Tenderer G
Tenderer H

13. Only tenders that were conforming and competitive were fully scored. Tender submissions that were evaluated as non-conforming or not sufficiently competitive were set aside from further evaluation.

14. The following tenders were evaluated as non-conforming or not sufficiently competitive and were subsequently set aside from further evaluation.

TENDERER	Reasons why tender was set aside from further evaluation
Tenderer F	Highest tendered costs. Almost twice the cost of the average of tendered costs
Tenderer G	Incomplete submission
Tenderer H	Incomplete submission

15. The following Evaluation Criteria and Weightings were applied during the evaluation of the conforming and competitive tenders. These weightings were set and agreed to by the Tender Evaluation Panel Members prior to the issue of the tender.

Criteria	Weighting %
Price	35%
Quality	25%
Aesthetic appeal	25%
Collaboration	5%
Social and Local	10%

16. The weightings reflect the relative importance of each element to this particular contract. They were determined as being most appropriate after considering numerous factors including (but not restricted to) the time, quality, risk and contract management requirements which were likely to have the most impact on the achievement of best value.

17. The members of the TEP were:

Position Title	Business Unit	Scoring Member or Advisory Member
Construction Coordinator	Capital and Infrastructure	Scoring
Project Management Officer (1)	Capital and Infrastructure	Scoring
Project Management Officer (2)	Capital and Infrastructure	Scoring
Manager Capital and Infrastructure	Capital and Infrastructure	Advisory
Senior Procurement Specialist	Procurement	Advisory

18. The final evaluation outcome was as follows:

TENDERER	SCORE	RANK
Tenderer A – Preferred Tender	78/100	1
Tenderer B	76/100	2
Tenderer C	68/100	3
Tenderer D	66/100	4
Tenderer E	50/100	5

19. The recommended tender was the highest ranked and is considered best value as the tendered project can be delivered within available budget while still allowing for some material options to further enhance the finished structure aesthetic appeal, and the recommended tenderer has evidenced experience in delivering similar projects.

20. Attachment 1 - Tender Evaluation Summary Report 2223-035 – Confidential, provides the tenderer names and the Evaluation Scorecard Summary.

21. The Tender Evaluation Summary Report 2223-035 (Attachment 1) to remain confidential on the grounds specified in the definition of confidential information in section 3(1)(g) of the Local Government Act 2020.

Quality

22. The recommended tenderer has evidenced experience in delivering design, supply and install changing places and toilet facilities.

23. The recommended tenderer has in place accredited Quality Management, Environmental Management and OH&S Management systems and processes.

24. Project methodology provided is clear and concise.

25. Has skilled in-house staff to support the project delivery requirements.

Aesthetic appeal

26. The project examples provided of similar facilities constructed as well as the proposed drawings, whilst simplistic in design, are durable and low maintenance.

27. Tenderer has provided some options in relation to different materials/finishes to enhance the aesthetic appeal.

28. As there will be community consultation in the design phase, Council can investigate the viability of the different finishes and materials.

Tender Reference checks

29. Tender project reference checks were undertaken with no concerns raised.

Contingency and risks

30. The following table outlines the risks and steps to be undertaken to mitigate and manage them as part of the contract management process.

Risk	Mitigation measure
Supply chain delays, particularly in steel	Order materials early. Recommended tenderer has a stockpile of steel that is available at present.
Current impacts within building industry - financial stability.	The nominated sub-contractors are long term contractors for the recommended tenderer. Recommended Tenderer supplies all the materials, so risk is minimal.
Delays due to shortage of labour - skills shortage, COVID, etc.	Finalise design and works quickly to ensure maximum duration available to complete works Recommended tenderer has available in-house skilled staff that can be redeployed to site as required.
Service Authority Connection Timeframe Delays	Finalise designs and capacity requirements as soon as possible and get applications in as soon as possible.
Grant (Funding) Delivery Date Requirements Delivery date may not be realistic, due in part to delays in releasing the funding agreements.	Work with the funding agency to extend delivery date as required.

Collaboration

31. Not applicable

Budget implications

32. The project is funded via grants for Changing Places and Universal Design provided by Department of Families, Fairness and Housing and contribution by Council.

Sustainability implications

33. Awarded contractor is required to provide an Environmental Management Plan for the site for review and approval prior to works commencing.

34. The majority of the materials to be used in the construction of the facilities are recyclable.

35. The proposed design is simplistic but enables low maintenance on-going requirements

36. A Waste to Landfill Minimisation report is a requirement of the contract and will be provided by the recommended tenderer on completion of the project.

Stakeholder Consultation/communication

37. Councils Disability Inclusion and Volunteer Coordinator has been consulted as part of the project prior to the issue of the tender.

38. The community will be provided an opportunity to comment on the initial schematic design, prior to design being finalised.

39. Planned consultation approach is as follows;

· Targeted information sessions with key stakeholders and users groups.

· Project displays on-site

· Project website

· Participate Nillumbik for public comment.

Innovation and continuous improvement

40. Not applicable.

Relevant law

41. Section 109 of the Local Government Act 2020.

Regional, state and national plans and policies

42. Not applicable.

Conflicts of interest

43. As part of the tender process, all members of the Tender Evaluation Panel were required to declare any disclosable conflicts of interest.

44. There were no disclosable conflicts of interest raised.

THIS PAGE WAS LEFT INTENTIONALLY BLANK

Council Meeting Agenda 26 April 2023

12. Officers' reports

CM.033/23 Tender Report - Contract 2223-029 Design & Construct for Diamond Creek Netball Court Cover Project

Distribution: Public

Manager: Vince Lombardi, Chief Operating Officer

Author: Enrique Gutierrez, Manager Capital and Infrastructure

Summary

This report recommends the awarding of contract 2223-029 for Design & Construct for Diamond Creek Netball Court Cover Project.

The works include the Design and Construction of a new roof structure over courts one and two (1&2), as well as all storm water, service connections access paths and other associated works at Diamond Creek Netball, Diamond Street at Diamond Creek.

The contract arrangement will commence on 1 May 2023 with a practical completion date of 17 November 2025.

The Tender Evaluation Panel (TEP) has assessed all submissions and this report provides a summary of their evaluation in recommending the awarding of the contract for 2223-029 for Design & Construct for Diamond Creek Netball Court Cover Project.

Recommendation

That Council:

1. Accepts the tender submitted by the preferred tenderer for the sum of $[Redacted] plus $[Redacted] for contingency (inclusive of GST) and enter into the following contract:

Number: 2223-029

Title: Design & Construct for Diamond Creek Netball Court Cover Project

Term: 1 May 2023 to 17 November 2025

Options: Not applicable

2. Authorises the Chief Operating Officer to finalise and execute the contract documentation.

4. Notes that any variations that exceed the agreed approved budget will require a further Council resolution.

5. Advises all tenderers accordingly.

6. Makes public the decision regarding this contract but the Tender Evaluation Report 2223-029 (Attachment 1) remain confidential on the grounds specified in the definition of confidential information in section 3(1)(g) of the Local Government Act 2020.

7. Resolves that the preferred tenderer be named.

Attachments

1.	Tender Evaluation Summary Report 2223-029 - Confidential

Discussion

1. In May 2022 the Department of Jobs, Precincts and Regions (State Government) announced it will provide one million dollars for two outside courts at the Diamond Creek netball facility on Diamond Street to be covered with a new roof structure.

2. As part of the funding commitment from the State Government, Council was invited by Sports and Recreation Victoria to apply for the one million made available for the construction of a roof over two courts at the Diamond Creek Outdoor Netball Courts.

3. State Government Funding is capped at one million for this project and Council is required to fund any shortfall to complete the project.

4. The funding agreement was signed on 27 October 2022.

Related Council decisions

5. At the Council meeting held on 23 August 2022, Council resolved to support an application to Sports and Recreation Victoria to receive the funding allocated in the 2022-23 Victorian State Budget towards the Diamond Creek Netball Court Covers.

6. Council committed at the Council meeting held on 23 August 2022, to contribute up to $800,000 towards the project.

Council plans and policies

7. This report directly supports the achievement of the Council Plan 2021-2025 strategy Good governance

· We continue to exercise sustainable and responsible financial management.

Open spaces

· We facilitate participation in sports, leisure and recreational activities.

Tender overview

The Tender Evaluation Panel (TEP) advises that:

8. A public tender was issued on and advertised in the Melbourne Age on Saturday 4 February 2023.

9. The period for tender submissions closed at 2pm on Thursday 9 March 2023.

10. The following tenders were received:

TENDERER
Tenderer A – Preferred Tender
Tenderer B
Tenderer C
Tenderer D

11. Only tenders that were conforming and competitive were fully scored. Tender submissions that were evaluated as non-conforming or not sufficiently competitive were set aside from further evaluation.

12. The following tenders were evaluated as non-conforming or not sufficiently competitive and were subsequently set aside from further evaluation.

TENDERER	Reasons why tender was set aside from further evaluation
Tenderer C	Incomplete tendered submission
Tenderer D	Highest tendered cost. Almost double the average cost of all tendered submissions

13. The following Evaluation Criteria and Weightings were applied during the evaluation of the conforming and competitive tenders. These weightings were set and agreed to by the Tender Evaluation Panel Members prior to the issue of the tender.

Criteria	Weighting %
Price	45%
Capability & Capacity	35%
Collaboration	10%
Social and Local	10%

14. The weightings reflect the relative importance of each element to this particular contract. They were determined as being most appropriate after considering numerous factors including (but not restricted to) the time, quality, risk and contract management requirements which were likely to have the most impact on the achievement of best value.

15. The members of the TEP were:

Position Title	Business Unit	Scoring Member or Advisory Member
Construction Coordinator	Capital and Infrastructure	Scoring
Project Management Officer (1)	Capital and Infrastructure	Scoring
Coordinator Recreation and Leisure Facilities	Recreation and Leisure Facilities	Scoring
Manager Capital and Infrastructure	Capital and Infrastructure	Advisory
Senior Procurement Specialist	Procurement	Advisory

16. The final evaluation outcome was as follows:

TENDERER	SCORE	RANK
Tenderer A – Preferred Tender	86/100	1
Tenderer B	71/100	2

17. The recommended tender was the highest ranked and is considered best value as the tendered project can be delivered within available budget while still allowing for some options to further enhance the finished structure and the recommended tenderer has evidenced experience in delivering similar projects.

18. Attachment 1 - Tender Evaluation Summary Report – Confidential, provides the tenderer names and the Evaluation Scorecard Summary.

19. The Tender Evaluation Summary Report (Attachment 1) to remain confidential on the grounds specified in the definition of confidential information in section 3(1)(g) of the Local Government Act 2020.

Capability & Capacity

20. Tenderer has clearly evidenced experience with similar scope and size projects and has worked with Local Government Agencies to deliver similar projects.

21. The customer service approach is detailed and suitable for this type of project which will attract some focus of Nillumbik residents.

22. Technical ability is sound and the construction methodology provided shows a clear understanding of the site and project requirements.

23. ISO certified Quality Management, Environmental Management and OH&S systems and processed.

24. Well-resourced and skilled and experienced staff.

Tender Reference checks

25. Tender project reference checks were undertaken with no concerns raised.

Contingency and risks

26. The following table outlines the risks and steps to be undertaken to mitigate and manage them as part of the contract management process.

Risk	Mitigation measure
Supply chain delays, particularly in structural steel.	Ensure that materials are planned for and ordered early. Tenderers were required to provide their materials procurement schedules.
Current impacts within building industry - financial stability.	A financial assessment report was obtained to assess the preferred tenderers financial position.
Permits and approvals Completion of the planning permit phase will likely take some time based off of previous experience with project in the area	This risk is mitigated through the project program, a significant time contingency has been included in the contract with practical completion due 17 November 2025.

Collaboration

27. Not applicable.

Budget implications

28. The project is funded via State Government grant and Council contribution.

Sustainability implications

29. Awarded contractor is required to provide an Environmental Management Plan for the site for review and approval prior to works commencing.

30. The materials to be used in the construction of the structure are recyclable.

31. A Waste to Landfill Minimisation report is a requirement of the contract and will be provided by the recommended tenderer on completion of the project.

32. The preferred tenderer will engage local contractors for up to 30% of work force on‑site.

Stakeholder Consultation/communication

33. During the design phase Participate Nillumbik will be used to update the public on the proposed designs and give the community the opportunity to provide feedback, this will be carried out by the project control group.

34. In addition, a representative from the Netball Association will be included in the project control group to ensure that the clubs’ voice is heard.

35. During the design phase there will be multiple consultation sessions run with the clubs to collect feedback and provide updates as well.

Innovation and continuous improvement

36. Not applicable.

Relevant law

37. Section 109 of the Local Government Act 2020.

Regional, state and national plans and policies

38. Not applicable.

Conflicts of interest

39. As part of the tender process, all members of the Tender Evaluation Panel were required to declare any disclosable conflicts of interest.

40. There were no disclosable conflicts of interest raised.

Council Meeting Agenda 26 April 2023

12. Officers' reports

CM.034/23 Tender Report - Contract 2223-039 Managed Print Services

Distribution: Public

Manager: Jeremy Livingston, Director Culture and Performance

Author: Daniel Tarquinio, Manager Information Technology

Summary

This report recommends the awarding of contract 2223-039 for Managed Print Services.

The contract is for the lease and management of 34 networked printer units across eighteen (18) of Councils operational sites.

The contract term is for a period of 5 years.

This contract replaces a previous business as usual contract for Managed Print Services that has reached the end of the agreed term.

The Tender Evaluation Panel has assessed all submissions and this report provides a summary of their evaluation in recommending the awarding of the contract for 2223-039 for Managed Print Services.

Recommendation

That Council:

1. Accepts the tender submitted by the preferred tenderer for the schedule of rates disclosed in (Attachment 1) and enter into the following contract:

Number: 2223-039

Title: Managed Print Services

Term: 5 years from date of units installation and activation

Options: Not applicable.

2. Authorises the Director of Culture and Performance to finalise and execute the contract documentation.

3. Authorises the Director of Culture and Performance to approve changes to operational requirements throughout the term of the contract.

4. Advises all tenderers accordingly.

5. Makes public the decision regarding this contract but the Tender Evaluation Report 2223-039 (Attachment 1) remain confidential on the grounds specified in the definition of confidential information in section 3(1)(g) of the Local Government Act 2020.

6. Resolves that the preferred tenderer be named.

Attachments

1.	Tender Evaluation Summary Report 2223-039 - Confidential

Discussion

1. The existing contract for the provision of Managed Print Services that was established back in August 2017 has expired and the current units are on a month to month arrangement.

2. The contract for Managed Print Services is only applicable for printers that are set up on Council’s network.

3. The new contract is for business as usual requirements.

4. Council currently has eighteen (18) sites that require networked printer devices.

Council plans and policies

5. This report directly supports the achievement of the Council Plan 2021-2025 strategy:

· We continue to exercise sustainable and responsible financial management.

Tender overview

6. The Tender Evaluation Panel advises that an invited tender process was issued on 7 February 2023 to an approved list of four companies via the Procurement Australia Panel Contract for Information Technology and Multi-Functional Devices Products and Services, which was established via an Agency Public Tender process back in July 2022.

7. The period for tender submissions closed at 2pm on Thursday 2 March 2023.

8. The following tenders were received:

TENDERER
Tenderer A – Preferred Tender

9. The following Evaluation Criteria and Weightings were applied during the evaluation of the conforming and competitive tenders. These weightings were set and agreed to by the Tender Evaluation Panel Members prior to the issue of the tender.

Criteria	Weighting %
Price	50%
Capability	30%
Device Management	20%

10. The weightings reflect the relative importance of each element to this particular contract. They were determined as being most appropriate after considering numerous factors including (but not restricted to) the time, quality, risk and contract management requirements which were likely to have the most impact on the achievement of best value.

11. The members of the Tender Evaluation Panel were:

Position Title	Business Unit	Scoring Member or Advisory Member
Manager Information Technology	Information Technology	Scoring
Lead Systems Architect	Information Technology	Scoring
IT Systems Administrator	Information Technology	Scoring
Service Desk Analyst	Information Technology	Scoring
Senior Procurement Specialist	Procurement	Advisory

12. The final evaluation outcome was as follows:

TENDERER	SCORE	RANK
Tenderer A – Preferred Tender	92/100	1

13. Attachment 1 – Tender Evaluation Summary Report 2223-039 – Confidential, provides the tenderer names and the Evaluation Scorecard Summary.

14. The Tender Evaluation Summary Report (Attachment 1) to remain confidential on the grounds specified in the definition of confidential information in section 3(1)(g) of the Local Government Act 2020.

Capability

15. The tenderer demonstrates clear capabilities and a good understanding of the printing services required by Council.

16. The tenderer has clearly demonstrated their management and application capabilities that will allow Council’s Information Technology team to effectively manage user access and print reporting.

Collaboration

17. Submissions were sought via Procurement Australia Agency Panel Contract arrangements.

Budget implications

18. The costs are planned for as part of the annual budget planning processes.

19. The highest cost associated with the printer units is the cost per page to print. Council can further reduce costs by reducing the volume of printed documents.

Sustainability implications

20. The existing printer equipment that is to be replaced, will be collected and recycled via the tenderers recycling program.

21. Used printer cartridges are also recycled via the tenderers recycling program.

22. To support Council’s Climate Action Plan, tenderers were asked to provide information on their Zero Emissions Roadmap and Reporting.

23. As part of this, the awarded tenderer is required to provide Carbon Emission data on an annual basis.

24. The toners used in the nominated printer models are carbon neutral as they are derived from biomass materials.

Stakeholder Consultation/communication

25. Not applicable.

Innovation and continuous improvement

26. Not applicable.

Relevant law

27. Section 109 of the Local Government Act 2020.

Regional, state and national plans and policies

28. Not applicable.

Conflicts of interest

29. As part of the tender process, all members of the Tender Evaluation Panel were required to declare any disclosable conflicts of interest.

30. There were no disclosable conflicts of interest raised.

Council Meeting Agenda 26 April 2023

12. Officers' reports

CM.035/23 Informal Meetings of Councillors Records - 26 April 2023

Distribution: Public

Manager: Blaga Naumoski, Director Governance, Communications and Community Safety

Author: Katia Croce, Governance and Property Lead

Summary

In accordance with Item 19 of Council’s Governance Rule – Meeting Procedure, adopted on 25 August 2020, Council is required to report as soon as practicable to a Council Meeting a record of each Informal Meeting of Councillors held.

This report lists Informal Meetings of Councillors Records submitted since the matter was last reported to Council on 28 March 2023.

An Informal Meeting of Councillors Record was kept for the following meetings (Attachment 1):

1. Positive Ageing Advisory Committee meeting held 3 March 2023;

2. PCC Meeting Pre-Meet held 14 March 2023;

3. Councillor Briefing held 21 March 2023;

4. Council Meeting Pre-Meet held 28 March 2023;

5. Councillor Briefing held 4 April 2023;

6. Reflect Reconciliation Action Plan Councillor Session held 11 April 2023; and

7. PCC Meeting Pre-Meet held 11 April 2023.

Recommendation

That Council, in accordance with Item 19 of Council’s Governance Rule – Meeting Procedure, receives the Informal Meetings of Councillors Records (Attachment 1) for the meetings held.

Attachments

1.	Informal Meetings of Councillors Records reported 26 April 2023

Discussion

1. Item 19 of Council’s Governance Rule – Meeting Procedure, requires records of Informal Meetings of Councillors be reported to a Council Meeting and recorded in the minutes of that meeting.

Related Council decisions

2. Not applicable.

Options

3. An Informal Meetings of Councillors is defined in Item 19 of the Governance Rule – Meeting Procedure. It is a meeting at which matters are considered that are intended or likely to be the subject of a Council decision or the exercise of delegated authority and which is either of the following:

· Planned or scheduled meeting that includes at least half the Councillors and at least one Council officer. These meetings do not include meetings of Councillors and Council staff that are not planned or scheduled.

· Meeting of an Advisory Committee where at least one Councillor is present. An Advisory Committee is any committee established by the Council, other than a special committee, that provides advice to the Council or to a special committee or to a member of Council staff who has been delegated a power or duty or function of the Council.

4. A record must be kept of any Informal Meeting of Councillors and include the names of all Councillors and Council staff attending, the matters considered, disclosures of conflict of interest and whether a Councillor left the meeting after making a disclosure.

5. In accordance with Item 19 of the Governance Rule – Meeting Procedure, Council is required to report as soon as practicable to a Council Meeting, a record of any Informal Meetings of Councillors held.

6. The recommendation contains the list of Informal Meetings of Councillors records submitted since the matter was last reported to Council at the last Council Meeting.

Conclusion

7. It is recommended that Council receives the records of recent records of Informal Meetings of Councillors as contained in this report, fulfilling Item 19 of the Governance Rule – Meeting Procedure.

Council plans and policies

8. This report directly supports the achievement of the Council Plan 2021-2025 strategy:

· We maintain good governance and transparency; clearly defining and communicating the role of Councillors and Council.

Access, Equity and Inclusion

9. A Gender Impact Assessment has not been completed for this report.

Sustainability implications

10. None required.

Community engagement

11. Not applicable.

Innovation and continuous improvement

12. Not applicable.

Collaboration

13. None required.

Budget implications

14. This is a routine reporting item, the resources for which are contained in Council’s current operating budget.

Relevant law

15. Local Government Act 2020.

Regional, state and national plans and policies

16. None applicable.

Conflicts of interest

17. All officers involved in the preparation of this report have made a declaration that they do not have a conflict of interest in the subject matter of this report.

THIS PAGE WAS LEFT INTENTIONALLY BLANK

Cr Natalie Duffy Edendale Ward				Cr Peter Perkins Ellis Ward
Cr Karen Egan Bunjil Ward				Cr Frances Eyre Swipers Gully Ward
Cr Richard Stockman Blue Lake Ward				Cr Geoff Paine (Deputy Mayor) Wingrove Ward
Katia Croce Governance and Property Lead	Blaga Naumoski Director Governance Communications and Community Safety	Cr Ben Ramcharan (Mayor) Sugarloaf Ward	Carl Cowie Chief Executive Officer