Agenda of Council Meeting - Tuesday, 12 December 2023

Council Meeting Agenda 12 December 2023

Nillumbik Shire Council

Agenda of the Meeting of Nillumbik Shire Council to be held
Tuesday 12 December 2023 commencing at 7:00pm

1. Welcome

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

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/Leave of Absence

Council to note any apologies by Councillors not in attendance and or consider requests for any leave of absence submitted.

6. Declarations of conflict of interest

Councillors and officers should note that any conflicts of interest should also be disclosed immediately before the relevant item.

7. Presentations

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Council Meeting Agenda 12 December 2023

12. Officers' reports

CM.102/23 Draft Biodiversity Strategy 2024 - 2034 for public exhibition

Distribution: Public

Manager: Rosa Zouzoulas, Director Planning, Environment and Strategy

Author: Leigh Northwood, Manager Strategic Planning and Environment

Summary

This report presents the draft Biodiversity Strategy 2024-2034 (Attachment 1) for endorsement for public exhibition from 1 February – 3 March 2024.

It includes four focus areas for action to guide Council’s work in supporting the achievement of the two overarching goals of the strategy (which align with the goals of the Victorian Government’s Biodiversity 2037 Strategy):

· Goal 1 - Biodiversity in Nillumbik is healthy

· Goal 2 - Nillumbik’s community value nature.

A supporting implementation plan will be prepared annually, and considered through the budget process. Key biodiversity and invasive species management initiatives that will be focussed on during that period will be specified.

Public submissions will close on 3 March 2024 and submissions will be considered by the Planning and Consultation Committee on 14May 2024.

Recommendation

That Council:

1. Endorses the draft Biodiversity Strategy 2024-2034 for the purpose of community exhibition.

2. Invites written submissions on the draft Biodiversity Strategy to Council between 1 February and 3 March 2024.

3. Considers public submissions at the Planning and Consultation Committee meeting to be held on 14 May 2024.

4. Notes that any person who requests to make a verbal submission in relation to the draft Biodiversity Strategy 2024-2034 be heard at the 14 May 2024 Planning and Consultation Committee meeting.

Attachments

1.	Draft Biodiversity Strategy 2024-2034

Discussion

1. This report presents the draft Biodiversity Strategy 2024-2034 (Attachment 1).

2. Two consulting firms supported the development of the draft strategy:

a. Chatterbox – design and delivery of community engagement; and

b. NGH Consulting – to help us to better understand the known state of biodiversity in Nillumbik, options for wildlife protection and our native vegetation offset program, and to prepare the draft Biodiversity Strategy.

3. Its development has been an iterative process which has included consideration of various inputs, including:

a. Community views – gathered through stage 1 community engagement undertaken specifically for this strategy; and biodiversity views submitted through other consultations.

b. Advisory committee views – discussions with Environment and Sustainability Advisory Committee and the Youth Council.

c. Officer and Councillor views.

d. Partner views – gathered through a workshop attended by organisations such as neighbouring Councils, Melbourne Water, Parks Victoria etc.

e. Research undertaken by NGH into Nillumbik’s biodiversity, wildlife protection options and native vegetation offset options.

f. The Victorian Biodiversity 2037 Strategy which sets out the government’s strategic direction to protect biodiversity state-wide, and other state and federal legislation and policy.

g. Benchmarking against the biodiversity-action strategic documents of other councils.

4. On the basis of the above considerations, guiding principles which underpin and that will guide the implementation of the strategy have been developed:

a. Council values the Shire's biodiversity and appreciates its intrinsic importance and its interconnections with the health and wellbeing of our community.

b. We acknowledge that Wurundjeri Woi Wurrung have an ongoing connection to the lands, water, plants and animals of Nillumbik; they have knowledge of Country and cultural obligations that their traditional lands and waters are managed to keep Country healthy.

c. Protecting biodiversity is an essential tool in fighting the climate emergency.

d. We seek to protect, maintain and improve the quality and extent of native vegetation cover, terrestrial and aquatic wildlife habitats.

e. We take a biosecurity approach to pest plants, animals, diseases and pathogens which threaten environment and economic values in Nillumbik.

f. We apply adaptive management practices using the best available information. Spatially explicit data and information about biodiversity values and threats is needed to make evidence-based decisions about where resources and investment should be directed.

g. Partners and community volunteers are valued, supported and celebrated, to galvanize transformative action through broad participation, enabling actions and capacity building.

h. We take a collaborative and landscape-scale approach to biodiversity management so that all knowledge systems, including Indigenous knowledge, are included in decision making.

i. Key implementation actions and indicators to track progress will be reported on annually and will help inform Council planning and resourcing considerations, subject to annual Council Plan and budget processes.

5. The draft strategy has two overarching goals (that align with the Victorian government’s Biodiversity 2037 goals), and each has a supporting target and associated indicators that will help to track progress in achieving the goal and its target:

Goal 1 – Biodiversity in Nillumbik is healthy

(i.e. Nillumbik has functioning plant and animal populations, improved habitats and resilient ecosystems).

Target: Achieve a net gain in the overall extent, connectivity and condition of habitat by 2034

Indicators include:

· Extent of tree/vegetation cover (2 metres + in height) - Baseline extent is 51%. Measured every 5 years. Target: No net loss.

· Extent of native vegetation – Baseline extent is 67%. Measured by DEECA approximately every 10 years. Target: net gain.

· Number of new local extinctions. Target: zero (i.e. safeguard the persistence of threatened species such as Eltham Copper Butterfly, Southern Toadlet and Rosella Spider Orchid).

· Scored condition of habitat in Council bushland reserves. Target: Improved condition.

· Number of trees planted and removed on Council land. Target: Net gain.

· Number of partners working collaboratively to support biodiversity gain.

· Other indicators are being developed.

Goal 2 – Nillumbik's community values and cares for nature

(i.e. Nillumbik’s community understand the importance of biodiversity and value nature, and as a result are more likely to help care for it. Caring and acting to protect refers to activities that directly protect or enhance biodiversity such as environmental volunteering, planting native gardens, protecting local waterways, placing a conservation covenant on their land, controlling pest species, revegetating, purchasing green products, and/or getting involved in citizen science monitoring).

Target: That 70% of Nillumbik residents care for nature by 2034

Indicators include:

· Number of people acting to protect Nillumbik’s natural environment. (source: potential new question in Annual community survey). Target: Increase.

· Number of nature/biodiversity/environment programs delivered and number of attendees.

· Number of properties supported by Council to undertake biodiversity actions.

· Number and size of permanently protected areas of private land (Trust for Nature Covenants)

· Number of indigenous plants sold by Edendale Indigenous Plant Nursery.

· Other indicators are being developed.

6. Four focus areas and their associated objectives seek to help achieve these goals. The focus areas are:

a. Leadership and advocacy;

b. People and partnerships;

c. Species and habitat enhancement; and

d. Mitigating threatening processes and impacts.

7. Each focus area includes objectives and associated supporting strategies to help achieve them. Some objectives overlap each of the focus areas, delivering multiple benefits.

8. An implementation plan will be drafted in the coming months that provides detail on what can/will be actioned in Year 1 (2024/25) to contribute to the delivery of the goals and targets of the overarching strategy.

9. Community engagement to seek feedback on the draft Strategy is now proposed. The methodology is listed in paragraph 25.

Related Council decisions

10. On 23 May 2023, Council adopted its Annual Action Plan 2022-2023 which includes action 16 - ‘Complete and adopt the new Biodiversity Strategy, including investigation into measures to establish and enhance the urban tree canopy and protect wildlife’.

11. On 6 June 2023, Councillors endorsed the Phase 1 community engagement process which commenced on 26 June 2023 and concluded on 30 July 2023.

Options

12. Endorse the draft Strategy for public exhibition.

13. Consideration of current roadside weed control and bushland/wetland management, is required via the budget process to explore any options to increase the ongoing funding of these programs.

14. Consideration of opportunities for ongoing resourcing/enhancement of environmental volunteering and forest health data collection and monitoring is also required via the budget process.

Council plans and policies

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

· We are committed to protecting and enhancing the environmental integrity of our community’s unique surroundings, Aboriginal heritage, natural environment and diverse wildlife.

· We are committed to protecting and enhancing the environmental integrity of our community’s unique surroundings, Aboriginal heritage, natural environment and diverse wildlife

16. Once adopted by Council, the new Biodiversity Strategy 2024-2034 will replace the Biodiversity Strategy 2015 and the Invasive Species Action Plan 2012.

Access, Equity and Inclusion

17. A Gender Impact Assessment (GIA) has been applied to this project.

18. The community engagement process was designed to be accessible to, and collect feedback from, diverse community representation – including rural and urban voices, young people and adults, day time and evening feedback opportunities, and in-person and on-line feedback opportunities.

Sustainability implications

19. The finalised Biodiversity Strategy will provide strategic direction for Council to support positive environmental outcomes.

Community engagement

20. Stage 1 community engagement to help inform the development of this draft has been undertaken.

21. The engagement activities were effective in obtaining feedback from 350 participants from 26 June to 30 July 2023 and a summary of findings is available to the public on Council’s Participate Nillumbik website. The engagement activities included:

a. Survey (184 survey responses, online and hard copy);

b. Two place-based engagement pop-ups – at St Andrews Market and Diamond Creek Regional Play Space (130 participants);

c. Two online stakeholder workshops (19 participants);

d. Youth Council engagement (9 survey responses); and

e. School workshop hosted at Edendale Community Environment Farm (All primary and secondary schools invited to participate, 8 students attended).

22. 184 people submitted online or hard copy surveys:

a. 153 respondents (84.5%) live in Nillumbik – including Eltham (64), Bend of Islands (18), Hurstbridge (15), Diamond Creek (11), Eltham North (11), North Warrandyte (9), Panton Hill (7), Research (7), St Andrews (6), Wattle Glen (6). No participation was recorded for the townships of Doreen, Kangaroo Ground, Strathewen, Watsons Creek, Yarrambat, or Yan Yean. Low participation was recorded for Arthurs Creek, Greensborough, Nutfield, Plenty, and Smiths Gully.

b. More females (70%) than males (30%) responded.

c. Cross representation from all ages except 85 years +.

d. Diversity characteristics: Eight respondents identified at LGBTIQ, four selected Disability inclusive of mental illness, three speak English as a second language and two selected Aboriginal or Torres Strait Islander descent.

23. Discussions have been held with Council’s Environment and Sustainability Advisory Committee and Youth Council.

24. Representatives of Wurundjeri Woi-wurrung have been consulted.

25. This Draft Strategy is now subject to public exhibition and associated consultation prior to being considered for final adoption by Council. This Stage 2 engagement will take place from 1 February to 3 March 2024 and will include:

a. 3 x online workshops (stakeholders and community)

b. 3 x 2hr drop-in sessions with Council staff

c. Meeting with Environment & Sustainability Advisory Committee and contact with other Council advisory committees

d. Feedback session at Edendale Farm volunteers day (March TBC)

e. Updated Participate Nillumbik webpage

f. Feedback form / email submissions

g. Verbal submissions at a Council Planning and Consultation meeting

h. Media release and promotional communications including e-news, flyers, postcodes, social media.

Innovation and continuous improvement

26. The Draft Biodiversity Strategy is being developed with continuous improvement as a guiding principle.

Collaboration

27. Local and regional professional stakeholders participated in a collaborative workshop to confirm regional-scale priorities that the strategy can help to address (e.g. DEECA, Parks Victoria, Melbourne Water, neighbouring councils and Trust for Nature).

28. The published strategies of the Nillumbik Landcare Network and the Eastern Region Pest Animal group have contributed to the development of the draft strategy.

Budget implications

29. The cost of implementing the Strategy needs to be considered as it is drafted.

30. In particular, there is an opportunity to review future budget allocations for roadside weed control, bushland reserve management, environmental volunteer programs and forest health monitoring.

Relevant law

31. Conservation and Land Management Act (CALP Act) 1994

32. Environment Protection and Biodiversity Conservation Action (EPBC Act) 1999

33. Flora and Fauna Guarantee Act (FFG Act) 1988

34. Planning and Environment Act 1987

Regional, state and national plans and policies

35. Australia's Strategy for Nature 2019-2030

36. Protecting Victoria’s Environment – Biodiversity 2037

37. Eastern Region Pest Animal Strategy 2021

Conflicts of interest

38. 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.

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Council Meeting Agenda 12 December 2023

12. Officers' reports

CM.103/23 Neighbourhood Character Strategy (NCS) consideration of adoption

Distribution: Public

Manager: Rosa Zouzoulas, Director Planning, Environment and Strategy

Author: Leigh Northwood, Manager Strategic Planning and Environment

Summary

The purpose of this report is to seek Council’s:

1. Endorsement of the final draft of the Neighbourhood Character Strategy (NCS); and

2. Approval to seek authorisation to prepare and exhibit a planning scheme amendment to the Nillumbik Planning Scheme to insert the new adopted NCS.

The development of both a new Neighbourhood Character Strategy (NCS) and Housing Strategy (HS) are priority actions in the current Council Plan 2021-2025.

The areas covered by the Strategy include all residential land within the Shire (this does not include Green Wedge).

Community engagement in developing the draft NCS has been an iterative process, with three extensive rounds of engagement conducted in developing the strategy. Consultation has included feedback loops where analysis and response to feedback has been provided across commensurate Planning and Consultation Committees, where submitters were invited to speak to their submissions.

Subsequent re-drafting of the NCS to effectively refine the strategy based on community feedback has resulted in a well-developed and robust document.

Key changes identified in the NCS include improvements for protecting and enhancing neighbourhood character outcomes for Nillumbik’s residential areas and include the introductions of definitions for canopy and amenity trees (in the Nillumbik context); introduction of definitions (to provide further clarity) around development outcomes; and recommendations for expansion of neighbourhood character protections in the planning scheme to areas not currently affected by such. The Strategy also recommends preparation of tree planting guidelines to ensure that vegetation can thrive and survive in the context of development outcomes.

These changes are fundamental in ensuring sustainable neighbourhood character outcomes in the future for Nillumbik, and providing clarity for applicants and VCAT going forward.

The amendment to introduce the Neighbourhood Character Strategy into the Nillumbik Planning Scheme will not be progressed until the Housing Strategy (now in development) is completed and adopted (programmed for August 2024). Consistent with the relevant Planning Practice Notes, the strategies are iterative in providing a strategic evidence base for the proposed residential framework for Nillumbik, and accordingly, it appropriate to implement them together.

Notwithstanding the draft Housing Strategy (subject to council approval) will undergo its own engagement process, the amendment process to implement the Neighbourhood Character Strategy and Housing Strategy into the Nillumbik Planning Scheme will involve another formal round of consultation whereby the final adopted version of the NCS and HS will be exhibited to the community and stakeholders pursuant to the notification requirements of the Planning & Environment Act 1987 (VIC), will have another opportunity to provide comment.

Recommendation

That Council:

1. Notes all summaries, analysis and response to feedback to all three phases of engagement conducted in development of the Neighbourhood Character Strategy is available on Council’s Participate Nillumbik project page.

2. Adopts the final Neighbourhood Character Strategy (NCS) which is provided as Attachment 1 and instructs officers to make the final NCS available on the Participate Nillumbik webpage.

3. Advises all submitters in writing of Council’s decision and thanks them for their participation.

4. Requests the Minister for Planning, under Section 8A of the Planning and Environment Act 1987, to authorise the preparation and exhibition of an amendment to the Nillumbik Shire Planning Scheme to insert the Neighbourhood Character Strategy; and

5. On receipt of that authorisation, places the amendment to the Nillumbik Planning Scheme on exhibition.

Attachments

1.	Final Draft for Adoption Nillumbik Neighbourhood Character Strategy

Discussion

1. The development of both a new Neighbourhood Character Strategy (NCS) and Housing Strategy (HS) are priority actions in the current Council Plan 2021-2025.

2. The project to develop a NCS is fully funded over 2 financial years and has been developed with the assistance of a consultant team comprising Ethos Urban and Chatterbox Projects.

3. The areas covered by the Strategy include all residential land within the Shire (this does not include Green Wedge).

4. A NCS is an important policy document for Council to protect neighbourhood character through the planning scheme.

5. The draft NCS (refer Attachment 1) places an emphasis on protection and enhancement of vegetation in preferred character profiles, noting the design guidelines in the NCS which support the contribution of vegetation in each precinct include requirements to support such including:

a. Each precinct is provided with a recommended density of canopy vegetation.

b. There is generally a preference for low to no front fencing and identification of colour palette.

c. Appropriate setbacks are recommended to allow a suitable level of vegetation to be protected and established, and definitions are established to clearly identify the role and intent of that vegetation within the landscape.

6. The planning scheme amendment to implement the final NCS into the planning scheme will be run as a separate, subsequent, and costed project. The amendment process will have its own extensive round of consultation and right of review, in accordance with the statutory process set down by the Planning and Environment Act 1987.

7. The amendment to introduce the Neighbourhood Character Strategy into the Nillumbik Planning Scheme will not be progressed until the Housing Strategy (now in development) is completed and adopted (programmed for August 2024), as consistent with the relevant Planning Practice Note, the strategies are iterative in providing a strategic evidenced base for the proposed residential framework for Nillumbik.

Community engagement and evolution of NCS

8. Community engagement conducted in developing the strategy is outlined below (refer community engagement). Engagement for the project was conducted across three separate phases and was effective in securing 455 written submissions (survey and free-form) (Phase 1: 332; Phase 2: 107; Phase 3: 16), with 175 people visiting associated place-based pop-up events for the project and over 7,150 people visiting the Participate Nillumbik project page.

9. Significantly smaller numbers of submissions have been received to Phase 3 engagement in comparison to previous rounds, which it is considered reflects the amount of engagement already undertaken and effectiveness of changes already embedded into the draft NCS as a result of previous engagement.

10. Feedback across all phases of engagement has generally been around both specific design guidelines proposed within the draft NCS, but also more general feedback on the draft being either too restrictive to future development, or not restrictive enough.

11. As per continued advice throughout the 3 rounds of engagement, although there may be opinions/views expressed (particularly those of a technical nature) officers may not be able to effectively address those concerns to the level expected by submitters, noting:

a. There are particular requirements of the NCS that are guided by such matters as DTP’s Planning Practice Notes and in drafting ordinance to support implementation into the planning scheme, officers need to consider whether changes would be likely to be supported by DELWP with regard to requirements for such (e.g. specific wording of a mandatory nature is unlikely to be supported in an overlay such as the existing Significant Landscape Overlay currently used to implement neighbourhood character outcomes in the Nillumbik scheme mainly), however use of the schedules to the residential zones and variations to Rescode standards, would be a more appropriate place to set standards that cannot be varied or have discretion applied to them.

b. Similarly, Council’s engaged consultants Ethos Urban would need to support the content of the NCS (once adopted) at a future independent Planning Panel to implement the NCS into the Nillumbik Planning Scheme as part of a future planning scheme amendment process.

Related Council decisions

12. The related Council decisions are summarised as follows:

· 26 October 2021 - Council’s resolution to adopt the Council Plan 2021-2025, which includes as priority actions to develop a NCS and HS.

· 22 March 2022 – Council’s resolution to endorse the first round of engagement in preparation of the NCS to be conducted from late March to early May and present findings of the consultation to a PCC in mid-2022.

· 14 June 2022 – The resolution of Council’s Planning and Consultation Committee to note the community feedback to the first round of engagement to the project and that a first draft of the NCS is scheduled to be presented to the August 2022 Council Meeting.

· 23 August 2022 – Council’s resolution to endorse the first draft of the NCS for public engagement (Phase 2) from late August to mid-October for 6 weeks and present findings of the consultation to a PCC in early 2023.

· 14 February 2023 - The resolution of Council’s Planning and Consultation Committee to note the community feedback to Phase 2 engagement to the project and that an updated draft of the NCS is scheduled to be presented to the June 2023 Council Meeting.

· 6 June 2023 – Council’s resolution to endorse an updated draft of the NCS for public engagement through June and July for five weeks and present findings of the consultation to the September 2023 PCC.

· 10 October 2023 - The resolution of Councils Planning and Consultation Committee to note submissions and that recommendations as to changes to enable finalisation of the NCS is scheduled to be presented to the November Council briefing.

Options

13. As part of consideration of the final draft of the NCS, Council may choose to:

a. Adopt the NCS and request the Minister for Planning, under Section 8A of the Planning and Environment Act 1987, to authorise the preparation and exhibition of an amendment to the Nillumbik Shire Planning Scheme to insert the NCS; or

b. Request officers make further refinements to the final draft NCS; or

c. Abandon the process.

14. Note the planning scheme amendment process will provide another round of consultation and opportunity for the community provide feedback.

15. Officers recommend option a. As outlined in this report, a significant engagement program has been undertaken that has informed the final draft of the NCS with the final engagement feedback being positive and supportive of the final draft by the Nillumbik Shire Council community and stakeholders. Accordingly, Option a is recommended.

Council plans and policies

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

· The priority actions to develop a new Housing Strategy and Neighbourhood Character Strategy for the Shire.

17. With regard to achieving neighbourhood character outcomes, the neighbourhood character strategy has regard to, and is supported by a suite of other Council Plan 2021-2025 priority actions, particularly with regard to vegetation noting State government policy particularly with regard to bushfire policy context, means the Planning Scheme is constrained by such State level requirements.

18. The following Council Plan priority actions align to the work being undertaken in preparation of the Neighbourhood Character Strategy, noting that some of these laws, policies/strategies do/will ‘fill the gaps’ that the NCS will not be able to given its relative scope and rules of implementation:

a. Undertake a review of our Local Laws, which has resulted in implementation of Local Law 52 Protection of Amenity Trees, which requires a local law permit (subject to certain conditions) to remove, damage, interfere with or kill a substantial tree within the Urban Growth Boundary. Importantly this local law applies where the planning scheme is silent with regard to vegetation removal, i.e. where exemptions may apply at Clause 52.12 of the planning scheme to vegetation removal in the Bushfire Management Overlay or Bushfire Prone Areas mapping;

b. Review the Biodiversity Strategy to provide a renewed focus for Council, the community and our partners;

c. Investigate measures to establish and enhance the urban tree canopy; and

d. Review Council’s tree management policy and supporting guidelines.

Access, Equity and Inclusion

19. In meeting relevant objectives of Council’s Access, Equity and Inclusion Policy, and as relevant to areas the NCS may influence with regard to such, consultation on the draft NCS has been carefully designed to access as many stakeholder groups as possible.

Sustainability implications

20. Protecting a preferred neighbourhood character can provide direct benefits in regard to sustainability, including but not limited to retention and facilitation of vegetation cover.

Community engagement

21. Engagement on the draft NCS has been an iterative process, and all rounds of engagement on the draft Neighbourhood Character Strategy had very different intents. It is noted the following purpose and timeframes of the 3 phases of engagement on the draft NCS now complete:

Phase 1 Consultation First round of engagement – Championing the strategy (COMPLETE)	Phase 2 Consultation Second round of engagement - Consultation on the draft Neighbourhood Character Strategy (COMPLETE)	Phase 3 Consultation Third round of engagement – Close the loop (COMPLETE)
Purpose: To inform the community about the project, educate the community about neighbourhood character, the Strategy and the process and engage on what people value about their neighbourhoods.	Purpose: To seek feedback on the draft Strategy, particularly the proposed Neighbourhood Character Precincts (using the find your address tool) and the attributable Neighbourhood Character objectives and design guidelines.	Purpose: To ensure all community feedback relevant to the draft strategy has been considered and Council provide clarity as to how feedback has been considered, where changes have been made accordingly and if not why.
28 March – 8 May (6 weeks)	29 August – 10 October 2022 (5 weeks)	19 June to 30 July 2023 (5 weeks)

Phase 1 Consultation

First round of engagement – Championing the strategy (COMPLETE)

Phase 2 Consultation

Second round of engagement - Consultation on the draft Neighbourhood Character Strategy (COMPLETE)

Phase 3 Consultation

Third round of engagement – Close the loop

(COMPLETE)

Purpose: To inform the community about the project, educate the community about neighbourhood character, the Strategy and the process and engage on what people value about their neighbourhoods.

Purpose: To seek feedback on the draft Strategy, particularly the proposed Neighbourhood Character Precincts (using the find your address tool) and the attributable Neighbourhood Character objectives and design guidelines.

Purpose: To ensure all community feedback relevant to the draft strategy has been considered and Council provide clarity as to how feedback has been considered, where changes have been made accordingly and if not why.

28 March – 8 May (6 weeks)

29 August – 10 October 2022 (5 weeks)

19 June to 30 July 2023 (5 weeks)

22. Formal engagement activities where people could provide feedback throughout development of the strategy have included:

a. Survey and written submissions (available in hardcopy and online via Council’s Participate Nillumbik engagement platform);

b. place-based pop-ups x 3 (Hurstbridge Farmers Market, Eltham Farmers Market and Diamond Creek Fair);

c. Online and in-person appointment sessions with a strategic planner; and online community information sessions.

23. Notably the Participate Nillumbik project page provided (and continues to provide) a range of resources to support the community in finding out more about the project, the draft Strategy and opportunities to provide feedback including:

a. an information video;

b. virtual walking tour;

c. document library including the draft Strategy and all summaries, analysis and response to feedback to all three phases of engagement conducted in development of the Neighbourhood Character Strategy; and

d. an interactive mapping tool that allowed users to see how the draft Strategy proposes to treat a particular neighbourhood or property, with direct links to the survey and submission form (when engagement was open).

24. Engagement activities were supported by a range of communication activities across phases of engagement including:

a. information on Council’s Participate Nillumbik engagement platform;

b. information in Nillumbik News/e-News and other relevant Council newsletters;

c. social media posts on Council’s social media platforms as well as paid social media advertisements;

d. posters and postcards placed at libraries, Council’s customer service areas, schools and other community facilities which included QR codes for easy access to Council’s Participate Nillumbik page and the survey);

e. project flyer available at the place-based pop-ups;

f. direct notification to relevant community groups;

g. direct notification to submitters to previous phases of engagement with regard to preparation of the draft Neighbourhood Character Strategy;

h. promotion on community newsletters, such as school newsletters; and

i. promotion through Council’s advisory committees, community groups etc.

25. A first round of public engagement for the project, which was conducted in March-May 2022, aimed to capture what the community identifies as important contributing elements to neighbourhood character, noting the quantity of the feedback was substantial, comprising 332 written submissions, plus additional verbal feedback from a number of activities.

26. Phase 2 engagement activities were conducted through August-October 2022, the purposed being to test the first draft of the NCS, and was effective in reaching over 1,500 people, with 107 providing direct feedback via a survey or submission, 175 people visiting the place-based pop-up events and over 1,200 people visiting the Participate Nillumbik project page (just for this phase of engagement).

27. The most recent and final community engagement Phase 3 – Close the Loop, was conducted from June-July 2023, and 16 submissions in total were received. The engagement (after the earlier 2 rounds of engagement) was specifically about ensuring all community feedback relevant to the draft strategy has been considered, and Council providing clarity as to how feedback has been considered, where changes have been made accordingly and if not why.

28. Significantly smaller numbers of submissions have been received to Phase 3 engagement in comparison to previous rounds, which it is considered reflects the amount of engagement already undertaken and effectiveness of changes already embedded into the draft NCS as a result of previous engagement.

Innovation and continuous improvement

29. The project is important to updating Council’s planning policy regarding housing in residential areas, particularly in regards to neighbourhood character.

Collaboration

30. The project is being managed in consultation with an internal Project Working Group comprising members from relevant units within Council.

Budget implications

31. The project is fully funded and accounted for across Council’s 2021-22/2022-23/ and 2023-24 financial years.

Relevant law

32. Planning and Environment Act 1987 (VIC)

Regional, state and national plans and policies

33. The Neighbourhood Character Strategy and Housing Strategy are required by State Planning Policy.

34. Future ordinance to insert the Neighbourhood Character Strategy into the Nillumbik Planning Scheme will need to be prepared in accordance with the Victoria Planning Provisions (VPP), relevant Planning Practice Notes and the Ministerial Direction on the Form and Content of Planning Schemes.

Conflicts of interest

35. 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 12 December 2023

12. Officers' reports

CM.104/23 Nillumbik Community Awards - Future Dates

Distribution: Public

Manager: Corrienne Nichols, Director Communities

Author: Nichole Johnson, Manager Community Partnerships

Summary

On 22 November 2022 Council endorsed the position that the Nillumbik Community Awards Program will be held on the third Thursday of August each year.

The purpose of this report is to seek endorsement from Councillors that officers have flexibly in choosing a date in August for the Nillumbik Community Awards that meets both Council and community priorities.

Recommendation

That Council resolves to hold the Nillumbik Community Awards in August each year.

Attachments

Nil

Discussion

1. On 22 November 2022 Council endorsed the position that the Nillumbik Community Awards Program will be held on the third Thursday of August each year.

2. Setting the same date to be held each year has proven to be a challenge for officers moving forward for the following reasons:

· The Eltham Community and Reception Centre is not always available. Bookings for events such as weddings are often booked up to two years in advance.

· Community group/s wanting the same date with the same venue each year for large events.

3. Eltham Rotary have recently requested in writing to the Mayor and a number of Councillors that Council alter future dates of the Nillumbik Community Awards as this date conflicts with their Rotary Eltham Art show held on the same third Thursday of August each year.

4. Eltham Rotary view this date as being crucial to ensuring the success of the art show by avoiding clashes with other competitive art shows.

5. Officers request the flexibility to pick a date in August for the Nillumbik Community Awards each year that does not conflict with Councillors, venue hire or community requests.

Related Council decisions

6. On 22 November 2022 Council endorsed the new name and date as well as the new Award Categories. The new date of the awards was endorsed as the third Thursday of August each year.

Options

7. The following option is presented for consideration:

a. Officers to select a date in August each year to hold the Nillumbik Community Awards. As the third Thursday is not an option, officers will look at the second Thursday where available and lock these in.

Council plans and policies

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

· We encourage and support volunteering to enable community participation opportunities and actively celebrate these contributions.

Access, Equity and Inclusion

9. A GIA has been completed for the Nillumbik Community Awards.

Sustainability implications

10. Not applicable.

Community engagement

11. Not applicable.

Innovation and continuous improvement

12. Regular feedback is received from our community in regards to the delivery of events which enables us to ensure that continuous improvement is always considered and actioned where relevant and appropriate.

Collaboration

13. This is an opportunity for Council to work with and collaborate further with our community. Flexibility in selecting a date that does not cause conflict would enable us to ensure that all community is included and encouraged to attend, participate and nominate.

Budget implications

14. Not applicable.

Relevant law

15. Not applicable.

Regional, state and national plans and policies

16. Not 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.

Council Meeting Agenda 12 December 2023

12. Officers' reports

CM.105/23 Council owned residential building- 385 Eltham-Yarra Glen Road, Kangaroo Ground

Distribution: Public

Manager: Vince Lombardi, Chief Operating Officer

Author: Steven Blight, Manager Capital and Infrastructure

Summary

Council owns the residential building located at 385 Eltham-Yarra Glen Road, Kangaroo Ground which is located in the grounds of the Kangaroo Ground War Memorial Park (the Park), and is shown in Attachment 1.

This is not the original stone caretaker’s cottage located within the formal public boundary of the Kangaroo Ground War Memorial Park and which is currently undergoing restoration works.

The current Caretaker’s Cottage is an aging brick veneer residence located at the eastern end of the reserve.

The building has been leased out since 1951 and has recently become vacant. Recent condition assessments of the building and surrounds indicate that it is no longer fit for purpose and presents a significant risk to both Council and any future tenants.

Part of the previous lease agreement required the tenant to perform various operational tasks within the Kangaroo Ground War Memorial Park for a fixed fee. This included the daily opening and closing the tower gates, undertaking passive surveillance and reporting any maintenance issues at the Park.

Council may now consider three future options for the building as detailed in the report.

Recommendation

That Council resolves to demolish the residential building on the land known as Council owned residential building- 385 Eltham-Yarra Glen Road, Kangaroo Ground.

Attachments

1.	Aerial Plan - 385 Eltham-Yarra Glen Road Kangaroo Ground
2 .	FGD Condition Report with Inspection Report JUN19

Discussion

1. Property Details

· The property (land and building) is located at 385 Eltham-Yarra Glen Road, Kangaroo Ground, within the Park.

· It is approximately 14,229sqm, with approximately 1,408sqm previously leased for residential purposes.

· The land that contains the residential building that forms part of a larger parcel which is zoned Public Park and Recreation Zone.

· The property (leased area) incorporates a 1951 dwelling.

2. Condition assessment

· The last Council building condition audit was completed in June 2019.

· The associated report noted the overall dwelling assessment as very poor and is no longer fit for purpose nor suitable for occupation due to its condition.

· The condition assessment report is attached in Attachment 2.

3. Tasks undertaken by the tenant under the lease agreement

a. The previous tenant performed the following tasks of

i. opening and closing the tower gates

ii. undertaking passive surveillance

iii. reporting any maintenance issues at the park.

4. The current tenant has requested to vacant the property and notified Council on 15 September 2023.

5. The tenant performed all tasks as mentioned in paragraph 3.

6. Over the course of the lease agreement, only minimal maintenance works were carried out to the property.

7. With the tenant vacating the property council can consider three options detailed below.

Option 1 – undertake works to the property and subsequently re-lease the property

8. Forecast works required

a. The property being deemed in very poor condition would require works in excess of $480,000.

b. The works would only meet the minimum requirements to make it safe to operate as a residential building.

c. Given the recent rises in building related costs, it is likely that the estimate would be significantly higher.

9. Future lease agreement

a. A future lease agreement would need to be drafted

b. Monthly rental is assumed to be $740.00 (annual rental of $8,880)

c. Rebate to tenant of $250 (annual rebate of $3,000)

d. Annual net rent is $5,880 (rental minus rebate).

10. Ongoing annual maintenance, insurance and running costs

a. Annual maintenance allocation estimated $5,000

b. Total annual insurance of $3,100 – (individual property insurance of $1,100 in addition to public liability insurance for the tenants performing the tasks approx. $2,000 )

c. Estimate annual running costs of $1,000

d. Estimate annual costs of $9,100.

11. When considering the annual net rental income ($5,880) minus annual costs (-$9,100) the property is operating at a net cost to Council of (-$3,220).

12. The above cost is in addition to the estimated $480,000 to repair the building.

Option 2 - Potential demolition of property, automation of tasks and repurposing of site

13. Demolition of property

a. The approximate cost to demolish the property including removal of foundations to a state of ‘clear block’ is $40,000.

14. Automation of tasks

a. Installation of automated gates for locking and unlocking of the entrance and tower access gates estimated at $20,000.

b. Passive surveillance and reporting maintenance issues at the Park will be carried out by current cleaning contract estimate $780 annually.

15. The overall cost to demolish and automate the functions at the park are estimated at $60,000.

16. There is the ongoing cost of $780 to undertake the tasks as detailed above.

Option 3 - Consideration to potentially repurpose

17. If the residential building is retained and repurposed, the building facilities including toilets and kitchen require upgrades to comply with the Disability Discrimination Act 1992 (DDA) and Building Code of Australia (BCA) and its regulations.

18. The actual scope of works and associated costs would be dependent on the type of use.

19. An initial preliminary estimate would be in-excess of $600,000 to bring the building to a standard for public facility purpose.

Related Council decisions

1. Not applicable.

Options

2. Council is now in a position to consider the three options presented above.

Council plans and policies

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

· We act in the best interests of our community.

Access, Equity and Inclusion

4. If the residential building is retained and repurposed, the building facilities including toilets and kitchen, Disability Discrimination Act 1992 (DDA) upgrades and compliance with Building Code of Australia (BCA) and its regulations would need to be considered.

Sustainability implications

5. Where applicable any sustainable opportunities will be explored.

Community engagement

6. Given the tenant has vacated the property no community engagement has been undertaken.

Innovation and continuous improvement

7. Opportunities for continuous improvement will be explored.

Collaboration

8. Discussions across the organisation have been undertaken in compiling this report and options presented.

Budget implications

9. Depending on the option selected associated costs will either be accommodated in the current budget or referred to future budget cycles.

Relevant law

10. Local government leasing of residential properties needs to comply with the Local Government Act 2020, and Residential Tenancies Act 1997.

Regional, state and national plans and policies

11. Council should have regard to the Local Government Best Practice Guidelines for the Sale, Exchange and Transfer of Land revised August 2009, which is considered to extend to cover leasing.

Conflicts of interest

12. All Officers who have been involved in the preparation of this report declare they do not have a conflict of interest in the subject matter of this report.

Council Meeting Agenda 12 December 2023

12. Officers' reports

CM.106/23 Quarterly Risk and Safety Report - September 2023

Distribution: Public

Manager: Jeremy Livingston, Director Culture and Performance

Author: Craig Commane, Risk and Safety Lead

Summary

This report provides a summary of Council’s Risk and Safety Report for the quarter ending September 2023.

The report is presented in accordance with the Local Government (Planning and Reporting) Regulations 2020, which requires the presentation of a report to Council at least every six months, detailing the strategic risks, operational risks, the consequences and likelihood of occurrence, and risk mitigation strategies.

Risk and Safety reporting to Council is tabled each quarter following consideration by Council’s Audit and Risk Committee, which in this quarter occurred on 20 November 2023.

The full confidential Risk and Safety Report for September 2023 is attached to this report (Attachment 1) and provides detailed information for Council’s consideration.

Recommendation

That Council:

1. Notes the summary of the confidential Risk and Safety Report (Attachment 1) for the quarter ending September 2023.

2. Resolves that the attached Risk and Safety Report (Attachment 1) remains confidential in accordance with section 3(1)(a) and (f) of the Local Government Act 2020.

Attachments

1.	Risk and Safety Report - September 2023 - Confidential

Discussion

1. Council’s commitment to risk management is outlined in the Risk Management Policy, with the following objectives:

· Ensure that all risks that could affect the achievement of Council’s goals, strategies and actions are identified, assessed and treated to a commercially and professionally acceptable level of risk;

· Integrate risk management into Council’s decision making processes and embedding it into the organisational culture;

· Ensure necessary resources are allocated in support of the Policy and supporting Risk Management Framework;

· Maintain stakeholders’ trust and due diligence;

· Align all risk practices across all systems and to promote and support a consistent corporate approach to risk that can be clearly understood; and

· Ensure that risk management is seen as the responsibility of all staff, i.e. – risk management is everyone’s business.

2. In addition to the Risk Management Policy, Council’s Risk Management Framework communicates and describes the risk management principles and processes that are used to identify, analyse, evaluate, treat, monitor and communicate key risks, including management reporting.

3. The context of the Risk Management Policy and Framework takes into account that local government presents a distinct risk character and profile that needs to be taken into account when considering risk management. Many assets and services are available 24 hours a day seven days a week in an unsupervised way, some are managed or provided by volunteers or committees of management or are managed by contractors, others are regulated by compliance legislation.

4. This Risk and Safety report broadly reports on:

· Risk management;

· Business continuity;

· (Anti) Fraud and corruption control;

· Insurance premiums;

· Incident management and insurance claims;

· Occupational Health and Safety;

· Other data; and

· Strategic risk summary report.

5. The Quarterly Risk and Safety Report has been prepared in accordance with Council’s Risk Management Policy and Framework, and is consistent with the Australian Standard AS/NZS 31000:2018 Risk Management.

6. Highlights from the Risk and Safety Report for the quarter ending September 2023 are as follows:

· Strategic risk reporting for the 2023-2024 year has commenced;

· Motor vehicle incidents have improved for the fourth consecutive quarter and compares favourably to the benchmark of 60% of premium;

· Incidents generally are trending upwards by 15%, which is attributed to public liability claims generated for the storm events in the December 2022 quarter.

7. Council’s strategic risks are:

· Changing environmental conditions and climate change impacting Council’s infrastructure, operations and services;

· Changes in Federal and State government policy that impact Council’s strategic objectives;

· Strategic focus, infrastructure, service delivery and projects are not aligned with community expectations;

· Impacts of a disruption to Council’s service delivery;

· IT disruption and cyber security attacks including data breach, fraud or theft, data loss and data privacy;

· Failure to maintain a sustainable long term financial position;

· Major failure of Council infrastructure;

· Council does not deliver on major projects, eroding reputation and influences potential future funding opportunities; and

· Good governance failure;

8. The following can be used to monitor the progress of control actions and progress of strategic risks as at the end of September 2023 through to financial year end.

Strategic Risks – Action Status	No.	%
Complete or in place	125	67%
On target	61	32%
Not on target	0	0%
Not yet due to start	1	1%
Total	187	100%

9. The following tables summarise recorded incidents by type for matters involving Council. Note that these table show all reported incidents, rather than all claims, as not every incident results in a claim being made.

Incidents by type	Oct - Dec 22	Jan - Mar 23	Apr - Jun 23	Jul - Sep 23	Total Oct - Sep 23	Total Oct - Sep 22
Property	6	5	4	1	16	19
Motor vehicle	13	13	6	8	40	42
Professional Indemnity	0	2	0	0	2	2
Public Liability	76	35	23	32	166	126
Occupational Health & Safety	30	25	20	23	98	91
Total incidents	125	80	53	64	322	280

10. The following table summarises all incidents by directorate.

Incidents by Directorate	Oct - Dec 22	Jan - Mar 23	Apr - Jun 23	Jul - Sep 23	Total Oct - Sep 23	Total Oct - Sep 22
Culture and Performance	4	0	5	8	17	2
Governance, Communications and Community Safety	1	1	2	1	5	3
Planning, Environment and Strategy	10	8	5	3	26	36
Communities	6	6	9	6	27	23
Operations	104	65	32	46	247	216
Total incidents	125	80	53	64	322	280

11. A high proportion of reported incidents during the September 2023 quarter are generated within the normal course of business in the Operations directorate (77%), and is a decrease of 4% from the June 2023 quarter (81%).

12. Overall, incidents are higher than the same period last year due to significant rain and storm events experienced during the December 2022 quarter.

13. All incidents relate to major classes of asset or maintenance type incidents for Council buildings, recreational facilities, playgrounds, trees, drainage, footpath, road damage and major plant.

14. Tree related risks are mitigated through the:

· Tree Management Policy;

· Reactive tree maintenance program;

· Proactive electric power line clearance program;

· Proactive box clearance program;

· Proactive inspections of high risk trees; and

· Meeting the objectives of the Municipal Emergency Management Plan and Municipal Fire Management Plan.

15. Road, footpath, drainage and roadside related risks are mitigated through the:

· Road Management Plan;

· Road Asset Management Plans; and

· Proactive and reactive maintenance programs.

16. Property incidents typically reported are property theft, break-ins, storm damage vandalism and accidental damage to Council buildings or fixed equipment such as in playgrounds and recreational facilities. Risks are mitigated through maintenance programs and insurance.

17. Overall, reported property incidents are lower when compared to the same period last year (16 in 2023 compared to 19 in 2022). Incidents resulted in minor damage to a building and reserve assets. All incidents were reported to the Police where appropriate.

18. Motor vehicle incidents include accidental damage involving Council’s light and heavy fleet, including incidents caused by third parties. Risks are mitigated through maintenance, education and insurance.

19. There were 8 motor vehicle incidents during the September 2023 quarter and there were two new motor vehicle insurance claims lodged with Council’s insurer. The number of incidents and dollar value continues to be positive, showing claims have fallen when compared to the previous year.

20. Professional indemnity relates to incidents and claims for alleged negligence or breach of duty arising from an act, error or omission in the performance of Council services. No new professional indemnity incidents occurred during this quarter.

21. Public liability incidents are reported where the third party is seeking compensation for personal injury, property damage and economic loss. Note that compensation claims are only paid where Council has been negligent or there is a clear legal liability. Claims are managed by an external claims manager or Council’s insurer. Typical incidents primarily relate to vehicle road damage, property damage, tree related or trip and fall incidents.

22. A total of 32 incidents were notified during the September 2023 quarter. Eight incidents related to tree or tree root issues, 15 incidents resulted in personal injuries or property damage and nine related to vehicle damage, primarily caused by the road surface or road related infrastructure. (Note that the Road Management Act 2004 threshold is currently $1,480).

23. Occupational Health and Safety incidents during the quarter (23) were noted being safety matters reported as incidents, hazards and near misses. Typical incidents are cuts and lacerations, insect and animal bites, musculoskeletal injuries and slip trips and falls. These incidents are managed through the Occupational Health and Safety Management System.

24. The overall occupational health and safety annual trend data for the year ending September 2023 incidents (98) was comparable to the same period ending September 2022 (91).

25. Incident costs, including under excess claim costs and insurance excesses, are managed within existing budgets. Where appropriate, insurance claims were made, repairs undertaken and matters reported to the Police.

Related Council decisions

26. This summary, along with the confidential Risk and Safety Report, has been provided to meet the requirements of the Local Government (Planning and Reporting) Regulations 2020 and consolidation of management reporting.

27. Ongoing reporting to Council on risk and safety matters is presented quarterly following each meeting of Council’s Audit and Risk Committee.

Council plans and policies

28. This report directly supports the achievement of the following Council Plan 2021-2025 strategies:

· We act in the best interests of our community.

· We are forward-thinking, data-driven and evidence-led in our decision making, always looking to identify new opportunities.

· We make Council’s programs, services, processes and information equitable, assessable and inclusive.

Access, Equity and Inclusion

29. A Gender Impact Assessment has not been applied to this report.

Sustainability implications

30. Trend data from this report is used to inform management processes for the mitigation of risks associated with property, motor vehicle, professional indemnity, public liability and safety as they relate to Council’s strategic and operational risks.

31. Council’s risk profile includes environmental risks and climate change, as a consequence of failure to adequately mitigate those risks.

Community engagement

32. Not applicable.

Innovation and continuous improvement

33. Trend data from this report is used to inform management processes and gap analysis to identify continuous improvement opportunities associated with property, motor vehicle, professional indemnity, public liability and occupational health and safety.

Collaboration

34. Not applicable.

Budget implications

35. This report is part of Council’s monitoring of the Council Plan 2021-2025 and Budget. The resources for managing and reporting are accommodated within existing operational budgets.

Relevant law

36. Not applicable.

Regional, state and national plans and policies

37. Not applicable.

Conflicts of interest

38. 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 12 December 2023

12. Officers' reports

CM.107/23 Audit and Risk Committee Meeting November 2023

Distribution: Public

Manager: Vince Lombardi, Chief Operating Officer

Author: Melika Sukunda, Manager Finance, Assets and Procurement

Summary

In accordance with section 53 of the Local Government Act 2020 and good governance principles, councils must have an Audit and Risk Committee.

As resolved at the 23 June 2020 Ordinary Council Meeting, the minutes of an Audit and Risk Committee meeting are to be reported and presented to a subsequent Council Meeting.

The Audit and Risk Committee met on 20 November 2023. The minutes for the meeting are shown in Attachment 1.

Recommendation

That Council notes the Minutes of the Audit and Risk Committee meeting held on
20 November 2023 (Attachment 1).

Attachments

1.	20 November 2023 Audit Committee Minutes

Discussion

1. The Minutes of the Audit and Risk Committee (ARC) are submitted to Council after each meeting. The Minutes are confirmed by the independent members.

2. Minutes of the ARC held on the 20 November 2023 have been adopted by the Committee, and will be presented at its next meeting.

3. The items considered by the ARC were:

· 2023 Procurement Report;

· Edendale Community Environment Farm Risk Overview;

· Nillumbik Shire Council EUF Report;

· Staff and Councillor Gift Registers;

· Business Function Risk Assurance Map;

· Internal Audit Plan;

· Planning Scheme Enforcement Internal Audit Report; and

· The 2023 Finance Policies Review Dates.

4. The next ARC meeting is scheduled to take place on Monday 20 February 2024.

Related Council decisions

5. As resolved at the 23 June 2020 Ordinary Council Meeting, the minutes of an ARC meeting are to be reported and presented to a subsequent Council Meeting.

Options

6. The ARC’s function is to assist Council in the effective conduct of its responsibilities for financial reporting, management of risk, maintaining a reliable system of internal controls and facilitating good and ethical governance.

7. The ARC meets four times a year. The Internal Auditor, CEO and Chief Operating Officer attend all Audit and Risk Committee meetings. Other management representatives attend as required to present reports. The external auditors attend in May and August each year to present the Audit Plan and independent audit report.

Council plans and policies

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

· We continue to exercise sustainable and responsible financial management.

Access, Equity and Inclusion

9. Where applicable, the Committee considers Gender Access, Equity and Inclusion.

Sustainability implications

10. The ARC plays a significant role in Council’s governance framework. It provides external expert advice to Council on key areas of risk. Risk in this case is interpreted broadly and covers risk to Council’s sustainability, reputation, fraud control and effectiveness, as well as financial risk.

Community engagement

11. Not applicable.

Innovation and continuous improvement

12. Not applicable.

Collaboration

13. The ARC meeting on 20 November 2023 was attended by the internal auditor from Pitcher Partners, as well as the CEO and COO. Mayor Cr Ben Ramcharan and Deputy Mayor Cr Geoff Paine attended as the councillor representatives.

Budget implications

14. The associated costs are contained within Council’s 2023-2024 Budget.

Relevant law

15. Local Government Act 2020, section 53 Council must establish an Audit and Risk Committee.

Regional, state and national plans and policies

16. Not applicable.

Conflicts of interest

18 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 12 December 2023

12. Officers' reports

CM.108/23 Nillumbik Integrated Transport Strategy - Community Consultation

Distribution: Public

Manager: Rosa Zouzoulas, Director Planning, Environment and Strategy

Author: Lawrence Seyers, Lead Transport Planner

Summary

In recognition of the outdated strategic transport planning framework at Nillumbik, Council Plan 2021-2025 identified a ‘priority action’ to:

“Develop a new Integrated Transport Strategy (ITS) to guide transport planning, sustainable outcomes and advocacy”.

This report outlines the planned community consultation process on the Council Plan 2021-2025 'priority action' to develop a new Integrated Transport Strategy (ITS) to guide transport planning, sustainable outcomes and advocacy and seeks Council’s endorsement of its engagement strategy.

Recommendation

That Council endorses the planned community consultation process on the Council Plan 2021-2025 'priority action' to develop a new Integrated Transport Strategy (ITS) to commence in Q1 2024.

Attachments

Nil

Discussion

1. Over the past twenty years, Nillumbik Shire Council has adopted three specific integrated transport strategies: Integrated Transport Strategy (2001); Sustainable Transport Strategy (2010); and Nillumbik Integrated Transport Statement (2014).

2. The purpose of these strategies is to provide strategic direction in relation to transportation and guide current and future transport development within the Shire. It is different to operational plans such as Local Area Traffic Management Plans.

3. Council has also adopted a significant number of strategies that that relate to land use, environment, recreation and accessibility which influence transport outcomes (Attachment 1).

4. Council’s Climate Action Plan 2022-2032 provides the strategic direction for Council’s climate action over the next decade. Importantly, it includes the 2022 Council declaration of climate emergency and a mitigation target for Council emissions of net zero by 2030 and a community emissions target of net zero by 2035.

5. Improving Nillumbik’s public and active transport networks, is an essential component for Nillumbik Shire Council to realise its Climate Action Plan and to ensure sustainable transport outcomes across the Shire.

6. In recognition of the outdated strategic transport planning framework at Nillumbik, Council Plan 2021-2025 identified a ‘priority action’ to:

“Develop a new Integrated Transport Strategy to guide transport planning, sustainable outcomes and advocacy”.

7. The focus of the ITS is to build on previous Strategies with the focus on sustainability.

8. In October 2022, Council awarded a contract to PMP Urbanists (People Movement and Place urban planning consultants) to prepare the ITS.

9. In late 2022 and early 2023, a series of workshops were held with Council and Department of Transport and Planning staff. The outcomes of these workshops has helped the consultant prepare an Issues and Options Paper.

10. This Issues and Options paper will be consulted upon before Officers present a final draft ITS and actions to Council that accounts for the feedback we will receive through the community consultation process, Councillor and any further Officer feedback.

11. The programmed project milestones for the community consultation will include Councillor briefings and community consultation before the project is finalised and presented to Council for consideration.

12. Council is in the process of engaging a suitably qualified consultant to assist in undertaking community consultation to commence in Q1 2024.

13. The engagement will printing and distribution of collateral, Mayor videography, planning and establishing a Participate Nillumbik Shire Council webpage, undertake a six week public consultation window, pop up stalls, and meetings. It is anticipated that the six week public consultation period will be undertaken April-May 2024.

14. The Participate Nillumbik Shire Council page proposed to be developed will ask a series of questions on transport within Nillumbik in the context of environmental sustainability and climate change with both open ended questions, multiple choice questions and an invitation to lodge a submission with Council.

15. The consultation will be unlike any previous ITS that Council has conducted and will be explicit about the objectives of an ITS and its alignment to Council’s strategies and policies on Climate Action and sustainability. This includes Council’s declaration of a climate emergency and a mitigation target for Council emissions of net zero by 2030 and a community emissions target of net zero by 2035.

16. Council’s emissions targets are more ambitious than the Victorian Government’s Climate Change Act 2017 target of net-zero greenhouse gas emissions by 2050 and consideration of the ITS and transport policy in this context will require the community to consider measures that are a significant deviation from the ‘business as usual’ approach to transport planning, with a much stronger emphasis on sustainable modes of transport (walking, cycling, scooters, e-scooters, e-vehicles and public transport) over the current dominance of fossil fuel powered private vehicle use (which is responsible for nearly half of Victoria’s transport emissions).

17. Community responses to this community consultation process will then inform an ITS and ITS Action Plan that can be adopted by Council, with regular progress reporting, similar to the Climate Action Plan reporting.

Related Council decisions

18. Over the past twenty years, Council has adopted three specific integrated transport strategies:

a) Integrated Transport Strategy (adopted by Council on 18 December 2001). The strategy sought to preserve the Green Wedge, conserve energy and minimise greenhouse gas emissions, optimise the use of public transport, minimise unnecessary motor vehicle travel, integrate the community’s transport systems with land uses (activities) and provide a ten year integrated transport planning horizon.

b) Sustainable Transport Strategy (adopted by Council 16 November 2010). This Strategy was prepared through a Victorian Government grant and considered future growth projections for Nillumbik and how additional trips can be accommodated. This strategy is currently available on Council’s webpage. This strategy has a focus on the Eltham and Diamond Creek activity centres with a particular aim to encourage sustainable transport (cycling, walking and public transport) in each town centre.

c) Nillumbik Integrated Transport Statement (adopted by Council on 29 July 2014). This Statement outlines Council’s position on integrated transport and identifies a number of actions and recommendations flowing from the Nillumbik Shire Council Integrated Transport Strategy of 2001.

19. In addition, Council has also adopted a number of mode specific transport strategies that are detailed in Attachment 1.

Options

20. Two options are applicable for Council’s consideration regarding this report:

a. endorse the officer engagement process outlined in this report

b. not endorse the officer engagement process outlined in this report.

21. Officers recommend option a. to provide the community and stakeholders the opportunity to provide invaluable feedback that will assist the development of an ITS.

Council plans and policies

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

· We prioritise and actively advocate for new and better public transport options and a reduction of private car use and dependence.

Access, Equity and Inclusion

23. Council’s Health and Wellbeing Plan 2021-2025 requires a Gender Impact Assessment on any new policy, program or service or those under review.

24. A Gender Impact Assessment will be required to ensure the Integrated Transport Strategy is gender equitable, accessible and inclusive.

Sustainability implications

25. Council’s Climate Action Plan 2022-2032 provides the strategic direction for Council’s climate action over the next decade. Importantly, it includes the 2022 Council declaration of climate emergency and a mitigation target for Council emissions of net zero by 2030 and a community emissions target of net zero by 2035.

26. Council’s emissions targets are more ambitious than the Victorian Government’s Climate Change Act 2017 target of net-zero greenhouse gas emissions by 2050.

27. The Victorian Government’s Climate Change Strategy seeks to reduce emissions and includes a target of increasing active transport mode share to 25 percent by 2030. Currently it is about 18 percent.

28. Council’s Climate Action Plan 2022-2032 requires annual Implementation Plans to be published each year, including a focus area on ‘enhancing sustainable transport’ which includes objectives and associated strategies to:

a) Avoid transport emissions;

b) Improve public transport, vehicle-share, walking and cycling options; and

c) Transition to zero-emissions vehicle use.

29. The ability to enable sustainable transport outcomes, such as improving Nillumbik’s public and active transport networks, is an essential component for Nillumbik Shire Council to realise its Climate Action Plan.

30. Encouraging a shift towards sustainable transportation (walking, cycling and public transport) requires individuals to take ownership of their personal travel choices. By recognising the convenience of alternatives like walking, cycling, micro mobility and public transit, the community can embrace a more responsible travel behaviour. Council can play a vital role in promoting this mindset by raising awareness of the Shire's climate change commitment and the challenges posed by the growing number of vehicles on the road, which lead to more traffic and parking issues.

31. The ITS will assist in prioritising sustainable transport modes, reduce transport emissions and improve our resilience to climate change risks of peak oil and fossil fuel dependency.

Community engagement

32. The Local Government Act 2020 places a statutory obligation on Council to have a Community Engagement Policy. Council undertook community engagement on a draft Community Engagement Policy in October 2020 and the Policy was adopted on 25 February 2021.

33. Council’s Community Engagement Policy makes a commitment to ‘deliberative’ extended engagement in all projects of significant scope, complexity and impact. The proposed community consultation process to commence in Q1 2024 will achieve this objective.

Innovation and continuous improvement

34. Not applicable.

Collaboration

35. The preparation of the ITS has involved a series of workshops held with Council staff and Department of Transport and Planning staff throughout 2022-23.

36. The actions proposed in 2024 will involve further collaboration within Council and with the broader community.

Budget implications

37. Council allocated funds for the delivery of the Council Plan ‘priority action’ in 2022-23.

Relevant law

38. Not applicable.

Regional, state and national plans and policies

39. At a regional level, a number of relevant strategies have been adopted, including:

a) Northern Horizons (released 2014, updated 2019) is a 50 Year Infrastructure Strategy for Melbourne’s North and was prepared by a partnership led by NORTH Link that included Councils, La Trobe University and the Northern Melbourne Regional Development Committee.

b) Northern Councils Alliance City Deal (under preparation) is being prepared by the Northern Councils Alliance and is intended to be submitted to the Australian and Victorian Governments.

c) Northern Region Transport Strategy (completed 2020) has been prepared by the Northern Councils Alliance, Northern Metropolitan Partnerships, Melbourne Airport, NORTH Link, La Trobe University, the Department of Transport and the Department of Environment, Land, Water and Planning.

d) Northern Regional Trails (released 2016, updated 2022) was prepared by the seven municipalities of Melbourne’s north and defines a vision for the future of off-road recreational trails in Melbourne’s north, and was endorsed by the Councils of Banyule, Darebin, Hume, Moreland, Nillumbik and Whittlesea.

40. A number of Victorian Government strategies have also been adopted, including:

a) Plan Melbourne 2017-2050 (released 2017) sets the Victorian Government’s transport and land use vision for Melbourne guided by nine principles.

b) Movement and Place in Victoria (released February 2019) provides an overview of movement and place thinking and steps in the Movement and Place Framework.

c) Principal Public Transport Network (released July 2018) reduces car-parking requirements for land that is (wholly or partly) within 400 metres of public transport on the Principal Public Transport Network (PPTN).

d) Public Transport Network Development Plan (released December 2012) examined how travel needs are likely to change as Melbourne grows and how the how demand for train travel will evolve.

e) Victorian Cycling Strategy 2018-28 (released December 2017) sets a vision for the future of cycling in Victoria and is used to guide planning and investment in cycling.

f) Strategic Cycling Corridors (released November 2019) identifies direct cycling links across Melbourne, guides decision-making, and investment priorities for new cycling infrastructure.

Conflicts of interest

41. All officers involved in the preparation of this report have made a declaration that they have a conflict of interest in the subject matter of this report.

Council Meeting Agenda 12 December 2023

12. Officers' reports

CM.109/23 Lorimer Road, Wattle Glen - Proposed Special Charge Scheme

Distribution: Public

Manager: Vince Lombardi, Chief Operating Officer

Author: Steven Blight, Manager Capital and Infrastructure

Summary

On 22 July 2020, Council received a petition by property owners to seal Lorimer Road, Wattle Glen, with costs recovered via the implementation of a Special Charge Scheme.

The result of the initial questionnaire confirmed sufficient support to proceed further with an investigation into a Special Charge Scheme to seal the full length of Lorimer Road.

Council officers held an online information session on 25 May 2022. On 23 August 2022, a formal questionnaire was sent to property owners to confirm their support.

The level of support for a Special Charge Scheme for the full length of Lorimer Road was 49 percent (17 of the 35 property owners), which is less than the threshold to proceed.

Responses also indicated a clustered group of property owners located at the southern end of the road were supportive of the proposal.

Council officers engaged with the relevant property owners to ascertain if there was sufficient support for a partial scheme at the southern end of the road.

On 22 May 2023 a new formal questionnaire was sent to the southern residents of Lorimer Road (between 29 Lorimer Road and Reynolds Road), 61 percent of property owners were in support (14 out of 23 property owners).

As the level of support for the partial scheme is over the 60 percent threshold, it is recommended that the development process proceeds and Council invites affected property owners for nominations to join the task group.

Recommendation

That Council:

1. Proceeds with the development of a Special Charge Scheme for the sealing of Lorimer Road, Wattle Glen, between 29 Lorimer Road and Reynolds Road.

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

3. Abandons further investigations into a Special Charge Scheme for the full length of Lorimer Road, Wattle Glen.

4. Places any further investigations into a Special Charge Scheme for the full length of Lorimer Road, Wattle Glen on a three year moratorium.

5. Notifies affected property owners accordingly.

Attachments

1.	Lorimer Road SCS - Scheme Area for full length of road
2 .	Lorimer Road SCS - Partial Scheme Area

Discussion

1. On 22 July 2020 Council received a petition signed by the property owners in Lorimer Road, Wattle Glen requesting that Council investigate road sealing.

2. Questionnaires were then sent to all property owners in Lorimer Road, Wattle Glen on 20 August 2020 to establish the level of support to seal the road via a Special Charge Scheme.

3. The questionnaire result demonstrated a sufficient level of support to proceed with further investigation (refer table below).

	Construction	No Change	Total
Votes	21	14	35
Percentage	60%	40%	100%

Council officers held an online information session on 25 May 2022 with property owners.

5. On 23 August 2022 a formal questionnaire was sent to all property owners of Lorimer Road to ascertain the level of support.

6. The proposed scheme area is shown in Attachment 1. The results of the formal questionnaire are shown in the table below.

	Construction	No Change	Total
Votes	17	18	35
Percentage	49%	51%	100%

The results of the questionnaire did not demonstrate sufficient level of support for sealing the full length of Lorimer Road.

8. However, there was a clustered group of property owners located at the southern end of the road that were supportive of the proposal.

9. In view of this, Council officers engaged with the relevant property owners to ascertain if there was sufficient support for a partial scheme at the southern end of Lorimer Road.

10. On 22 May 2023 a formal questionnaire was sent to the southern residents of Lorimer Road (between 29 Lorimer Road and Reynolds Road) to ascertain the level of support for the partial sealing of the road, via a Special Charge Scheme. The proposed scheme area is shown in Attachment 2.

11. The results of the formal questionnaire are shown in the table below.

	Construction	No Change	Total
Votes	14	9	23
Percentage	61%	39%	100%

12.

As the level of support is over the 60 percent threshold, it is recommended the development process proceeds and Council invites affected property owners for nominations to join the task group and provide comments for consideration within the design process.

Related Council decisions

13. Not applicable.

Options

14. To proceed as per the recommendations of this report reflective of the consultation undertaken with residents.

Council plans and policies

15. 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

16. Not applicable.

Sustainability implications

17. Council is committed to using environmentally sustainable materials where available.

Community engagement

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

Innovation and continuous improvement

19. Not applicable.

Collaboration

20. Not applicable.

Budget implications

21. All costs associated with the investigation are accommodated within existing budget.

Relevant law

22. The ‘Special Charge Scheme’ legislation under Section 163 of the Local Government Act 1989 (the Act).

Regional, state and national plans and policies

23. Not applicable.

Conflicts of interest

24. 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 12 December 2023

12. Officers' reports

CM.110/23 Tender Report - Contract 2223-023 Kerbside Recycling Processing

Distribution: Public

Manager: Vince Lombardi, Chief Operating Officer

Author: Lance Clark, Senior Procurement Specialist

Heath Gillett, Manager Operations Centre

Summary

This report recommends the awarding of contract 2223-023 for Kerbside Recycling Processing.

The contract is a critical, business as usual contract for the receival and processing of material from Council’s kerbside recycling bins.

The contract term is for an initial period of five (5) years, with three (3) x one (1) year options to extend the contract. The total duration of the contract, including the exercise of any options, shall not exceed eight (8) years.

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 2223-023 for Kerbside Recycling Processing.

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 schedule of rates disclosed in (Attachment 1) and enter into the following contract:

Number: 2223-023

Title: Kerbside Recycling Processing

Term: 1 January 2024 to 31 December 2028

Options: Term extensions up to 31 December 2031

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

3. Authorises the Chief Operating Officer to approve contract term extensions.

4. Authorises the Chief Operating Officer to approve variations that are a result of changes to operational requirements throughout the term of the contract.

5. Advises all tenderers accordingly.

6. Makes public the decision regarding this contract but the Tender Evaluation Report 2223-023 (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.	Attachment 1 - Tender Evaluation Summary Report 2223-023 - Confidential

Discussion

1. Council collects approximately 6,500-7,000 tonnes of mixed recycling through its kerbside bin collection service each year.

2. A suitably-qualified and experienced contractor is required for the receival and sorting of this mixed recycling at its materials recovery facility (MRF) and sale of the sorted products to viable end-markets for subsequent reprocessing, reuse or remanufacture.

3. The recycling processing contract is a critical, business as usual contract to ensure the kerbside recycling bin collection service can operate successfully and reliably and landfill diversion is maximised.

4. This new contract replaces an existing contracted arrangement that is coming to an end.

5. Victorian Government legislation requires Council to introduce a separate glass collection service possibly within the term of this contract. At the time of writing this report there is no legislated timeframe, however, according to Victorian Government policy direction, it is expected a separate service will be required by 2027.

6. Provisions in the contract allow for the separation of a glass service without impacting the mixed recycling costs.

7. Council reserves the right to engage the preferred tenderer for future receipt and processing of separate glass collections once the final timing of the legislated requirements has been advised.

Council plans and policies

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

· We develop clear and effective initiatives designed to reduce the impact of waste and materials from procurement to disposal.

Tender overview

The Tender Evaluation Panel (TEP) advises that:

9. A public tender was issued and advertised in the Melbourne Age on Saturday 28 January 2023.

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

11. The following tenders were received:

TENDERER
Tenderer A – Preferred Tender
Tenderer B

12. 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	30
Capability	25
Capacity	25
Circular economy / end markets	10
Collaborative approach	5
Sustainable procurement / supporting local economic and social development	5

13. 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.

14. The members of the TEP were:

Position Title	Business Unit	Scoring Member or Advisory Member
Senior Waste Management Specialist	Operations Centre	Scoring
Waste Projects and Education Officer	Operations Centre	Scoring
External consultant		Scoring
Senior Procurement Specialist	Finance, Assets and Procurement	Advisory

15. The final evaluation outcome was as follows:

TENDERER	SCORE	RANK
Tenderer A – Preferred Tender	81/100	1
Tenderer B	79/100	2

16. The recommended tender was the highest ranked and is considered best value as it demonstrates the required resources, capability, capacity and expertise to deliver the required services at a competitive price.

17. Attachment 1 - Tender Evaluation Summary Report 2223-023 – Confidential, provides the tenderer names and the Evaluation Scorecard Summary.

18. 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 and capacity

19. The preferred tenderer has demonstrated it has the resources, capacity, capability and expertise required to fulfil the requirements of the contract.

20. The preferred tenderer provided details of equipment, technology and processes to maximise recovery of materials, generate clean streams for re-processing and achieve circular outcomes, including local destinations for the majority of materials as well as strong export markets, along with opportunities to increase the range of accepted items during the contract term.

21. The preferred tenderer provided evidence of well-developed systems and procedures, including ISO-certified Quality Management and Environmental Management Systems, AS/NZS-certified Occupational Health and Safety Management System, Business Continuity Plan, Environmental Management Plan for the site, Risk Management Policy, Emergency Management Plan for the site and details of maintenance schedules and procedures.

22. The preferred tenderer’s submission included a site plan, traffic management and delivery procedure and details around safety, emergency and induction procedures and processes.

23. Evidence of community education programs and commitment to a partnership approach with Council for delivery of targeted community education was demonstrated.

24. The preferred tenderer has provided evidence and details around policies, plans and initiatives supporting social procurement and development, diversity and inclusion and partnerships with social enterprise.

25. Details of current and future investment in Victoria’s re-processing capacity and contribution to a transition to a circular economy were provided.

26. There are financial penalties associated with the percentage of contamination (incorrect items) in the mixed recycling delivered to the facility. An attractive base gate fee provides an incentive to introduce a more regular and structured approach to contamination management, including bin inspection programs, community education and communications.

Tender interviews and reference checks

27. As the preferred tenderer is a current contracted provider to Council, reference checks were not required. Discussions and negotiations with the preferred tenderer further demonstrated the required resources, capability and expertise.

Contingency and risks

28. The preferred tenderer has provided evidence of business continuity, contingency and emergency planning and procedures, including the availability of an alternative processing facility.

Collaboration

29. In 2021, officers expressed interest in participating in a proposed metropolitan-wide multi-Council collaborative tender process facilitated by Metropolitan Waste and Resource Recovery Group (MWRRG), on behalf of potentially 26 metropolitan councils.

30. The proposed tender did not eventuate and the MWRRG was disbanded in June 2022.

31. Collaborative opportunities with other councils were explored, however, a joint procurement model was not available due to varying timeframes and priorities.

32. Recycling processing contract specifications were obtained from other councils and reviewed to understand and incorporate current best practice and latest specification considerations.

Budget implications

33. Costs associated with the kerbside recycling service are planned for as part of the annual budget planning process.

Sustainability implications

34. Processing kerbside recycling at a MRF will divert approximately 6,500-7,000 tonnes of waste from landfill.

35. Diverting recycling from landfill contributes to a reduction in Council’s greenhouse gas emissions.

36. Recovery of materials for reuse and remanufacture reduces the need for virgin materials and supports a circular economy.

37. The Contract has been designed to accommodate the required service needs, future changes to service such as the introduction of a separate glass bin, and minimise Council’s risk exposure to commodity market fluctuations.

Stakeholder Consultation/communication

38. Ongoing community education and behaviour change is important to achieve correct use of the recycling bin, reduction in contamination, the successful processing of mixed recycling and maximum resource recovery and circular outcomes.

39. A range of programs will be put in place to support this.

Innovation and continuous improvement

40. The contract provides for future changes to materials accepted in the recycling bin.

Relevant law

41. Circular Economy (Waste Reduction and Recycling) Act 2021.

42. Sections 108 and 109 of the Local Government Act 2020.

Regional, state and national plans and policies

43. National Waste Policy 2018 and National Waste Action Plan 2019.

44. Victorian Government circular economy policy and action plan, Recycling Victoria: a new economy 2020.

Conflicts of interest

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

46. There were no disclosable conflicts of interest raised.

Council Meeting Agenda 12 December 2023

12. Officers' reports

CM.111/23 Tender Report – Contract 2324-022 Hurstbridge Mens Shed Construction

Distribution: Public

Manager: Vince Lombardi, Chief Operating Officer

Author: Steven Blight, Manager Capital and Infrastructure

Lance Clark, Senior Procurement Specialist

Summary

This report recommends the awarding of contract 2324-022 for Hurstbridge Mens Shed Construction.

The contract commencement date is 13 December 2023 with a completion date of 31 August 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 2324-022 for Hurstbridge Mens Shed Construction.

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: 2324-022

Title: Hurstbridge Mens Shed Construction

Term: 13 December 2023 to 31 August 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 requirements throughout the term of the contract with a value of no more than the total agreed contract and contingency value for the project.

4. Notes that any variations that exceed the agreed total contract and contingency value will require a further Council resolution.

5. Advises all tenderers accordingly.

6. Makes public the decision regarding this contract but the Tender Evaluation Report 2324-022 (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.	Attachment 1 - Tender Evaluation Summary Report 2324-022 - Confidential - Confidential

Discussion

1. The Hurstbridge Mens Shed has been operating out of a storage area at the Hurstbridge Hub and have not had access to a stand-alone shed for their own use.

2. This project will provide a new shed with social space, workshop area, accessible parking and accessible amenities.

Council plans and policies

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

Good governance

· We continue to exercise sustainable and responsible financial management.

Health and wellbeing

· We address the social, environmental and economic factors of health to improve health and wellbeing outcomes for our communities.

Tender overview

The Tender Evaluation Panel (TEP) advises that:

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

5. The period for tender submissions closed at 2pm on Thursday 5 October 2023.

6. The following tenders were received:

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

7. 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.

8. 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 B	Tendered Costs was the highest of the received submissions as was more than $270,000 higher than the average costs of all received tendered submission
Tenderer C	Tendered Costs was the second highest of the received submissions as was more than $130,000 higher than the average costs of all received tendered submission
Tenderer D	Incomplete tendered submission.
Tenderer E	Incomplete tendered submission.

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	55%
Capability (Quality/Technical) & Capacity (Resources)	30%
Collaboration	5%
Supporting Local Economic and Social Development	10%

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 TEP were:

Position Title	Business Unit	Scoring Member or Advisory Member
Manager Capital and Infrastructure	Capital and Infrastructure	Advisory
Capital Works Coordinator	Capital and Infrastructure	Scoring
Program Management Officer	Capital and Infrastructure	Scoring
Senior Procurement Specialist	Finance, Assets & Procurement	Advisory

12. The final evaluation outcome was as follows:

TENDERER	SCORE	RANK
Tenderer A – Preferred Tender	85/100	1

13. The recommended tenderer was the highest ranked and is considered best value because their tendered submission clearly evidenced their capability and capacity to deliver against similar projects.

14. Tenderer was very proactive in putting forward possible redesign options that could lead to cost savings.

15. A subsequent tender interview further evidenced the recommended tenderer’s capability.

16. Attachment 1 - Tender Evaluation Summary Report 2324-022– Confidential, provides the tenderer names and the Evaluation Scorecard Summary.

17. The Tender Evaluation Summary Report 2324-022 (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.

Capacity and Capability

18. High quality, clear and detailed submission

19. Solid reference projects delivered for iconic projects in Melbourne CBD.

20. While a newer company, both directors have significant industry experience.

21. Accredited OH&S, Quality Management and Environmental Management systems

22. Very detailed works program and methodology and approach to project.

23. Customer service approach is in depth and demonstrates a drive to collaborate with Council. While no direct experience in dealing with 'Communities', strong key stakeholder communications experience in dealing with high visibility commercial build projects.

Tender Interviews and Reference checks

24. Tender interview was held on November 1, 2023 and tender reference checks were undertaken.

25. There were no concerns identified as part of the interview and checks.

Collaboration

26. Not applicable for this type of contract.

Budget implications

27. Additional funds will be sought to deliver project.

Sustainability implications

28. Environmentally friendly concrete product will be used in the project.

29. Company is not located in the Northern Council Alliance (NCA) area and employs 1 fulltime resident from within NCA areas.

30. Limited social development initiative, but this is to be expected as a newly formed company

31. Contractor will be required to provide Council with a Waste to Landfill Minimisation Report at the end of the project which needs to provide detail on the type of waste, the quantity and the destination of all recycled, re-used or repurposed waste.

Stakeholder Consultation/communication

32. Community feedback was sought via Participate Nillumbik platform from 30 June – 19 July 2023.

Innovation and continuous improvement

33. Not applicable.

Relevant law

34. Sections 108 and 109 of the Local Government Act 2020.

Regional, state and national plans and policies

35. Not applicable.

Conflicts of interest

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

37. There were no disclosable conflicts of interest raised.

THIS PAGE WAS LEFT INTENTIONALLY BLANK

Council Meeting Agenda 12 December 2023

12. Officers' reports

CM.112/23 Tender Report – Contract 2324-023 Nillumbik Youth Hub Redevelopment Works

Distribution: Public

Manager: Vince Lombardi, Chief Operating Officer

Author: Steven Blight, Manager Capital and Infrastructure

Lance Clark, Senior Procurement Specialist

Summary

This report recommends the awarding of contract 2324-023 for Nillumbik Youth Hub Redevelopment Works.

The contract commencement date is 13 December 2023 with a completion date of
10 May 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 2324-023 for Nillumbik Youth Hub Redevelopment Works.

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: 2324-023

Title: Nillumbik Youth Hub Redevelopment Works.

Term: 13 December 2023 to 10 May 2024

Options: Not applicable

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

4. Notes that any variations that exceed the total agreed contract and contingency value will require a further Council resolution.

5. Advises all tenderers accordingly.

6. Makes public the decision regarding this contract but the Tender Evaluation Report 2324-023 (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.	Attachment 1 - Tender Evaluation Summary Report 2324-023- Confidential - Confidential

Discussion

1. Nillumbik Shire Council has received $300,000 under the Victorian Government’s Youth Hubs grant program 2022-23, to support the establishment of the first youth hub for the Shire by mid-2024.

2. Additional funding of $155,000 is provided via Local Roads and Community Infrastructure Program.

3. Council will be funding the remaining contributions to deliver the project.

4. As part of this project, Nillumbik will be redeveloping its community facility located at 32-34 Elizabeth St, Diamond Creek, into a dedicated, stand-alone youth hub to provide centralised support for young people 12-25 years old.

Related Council decisions

5. At the Council Meeting held on 13 December 2022, Council endorsed Officers to proceed with an application for funding via the Victorian Government’s Youth Hubs grant program 2022-23.

6. At the Council Meeting held on 27 June 2023, Council endorsed the draft designs for the Nillumbik Youth Hub for the purposes of public consultation.

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.

Health and wellbeing

· We address the social, environmental and economic factors of health to improve health and wellbeing outcomes for our communities.

Ages and stages

· We ensure people of all ages and stages have access to inclusive services that respond to their individual needs.

Tender overview

The Tender Evaluation Panel (TEP) advises that:

8. A public tender was issued on and advertised in the Melbourne Age on Saturday 32 September 2023.

9. The period for tender submissions closed at 2pm on Thursday 26 October 2023.

10. The following tenders were received:

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

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 F	Tendered Costs was the highest of the received submissions as was more than $180,000 higher than the average costs of all received tendered submission
Tenderer G	Tendered Costs was the second highest of the received submissions as was more than $160,000 higher than the average costs of all received tendered submission
Tenderer H	Incomplete tendered submission.
Tenderer I	Submission was not fully uploaded to the tendering system by the required closing date and time.

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	50%
Capability (Quality/Technical) & Capacity (Resources)	30%
Collaboration	10%
Supporting Local Economic and Social Development	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
Manager Capital and Infrastructure	Capital and Infrastructure	Advisory
Capital Works Coordinator	Capital and Infrastructure	Scoring
Program Management Officer (1)	Capital and Infrastructure	Scoring
Program Management Officer (2)	Capital and Infrastructure	Scoring
Senior Procurement Specialist	Finance, Assets & Procurement	Advisory

16. The final evaluation outcome was as follows:

TENDERER	SCORE	RANK
Tenderer A – Preferred Tender	86/100	1
Tenderer B	76/100	2
Tenderer C	74/100	3
Tenderer D	71/100	4
Tenderer E	71/100	5

17. The recommended tenderer was the highest ranked and is considered best value because their tendered submission clearly evidenced their capability and capacity to deliver against similar projects.

18. A subsequent tender interview further evidenced the recommended tenderer’s capability.

19. Attachment 1 - Tender Evaluation Summary Report 2324-023– Confidential, provides the tenderer names and the Evaluation Scorecard Summary.

20. The Tender Evaluation Summary Report 2324-023 (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.

Capacity & Capability

21. High quality, clear and detailed submission

22. An experienced builder with solid reference projects delivered for other Local Government Agencies.

23. Accredited OH&S, Quality Management and Environmental Management systems

24. Very detailed works program and methodology and approach to project.

Tender Interviews and Reference checks

25. Tender interview was held on November 17, 2023 and tender reference checks were undertaken.

26. There were no concerns identified as part of the interview and checks.

Contingency and risks

27. Budget limitations.

28. Any delay in awarding of contract will impact on contractor availability/materials, and additional work (such as asbestos clean-up or roof repairs), can emerge due to various factors and can be added to the long term maintenance cost.

29. Given the location of the site and high community usage of other Council community facilities in the area, there will be close communication between Councils Project Manager and contractor to minimise any disruptions to users of the surrounding facilities.

Collaboration

30. Not applicable for this type of contract.

Budget implications

31. Additional funds will be sourced to deliver the project.

Sustainability implications

32. Company is located in the Northern Council Alliance (NCA) area and employs more than 12 full time residents from within the NCA areas.

33. Contractor will be required to provide Council with a Waste to Landfill Minimisation Report at the end of the project which needs to provide detail on the type of waste, the quantity and the destination of all recycled, re-used or repurposed waste.

34. Currently engages with a social enterprise company that is contracted to deliver resources around minor labouring works, landscaping etc.

Stakeholder Consultation/communication

35. Community consultation on draft concept designs was undertaken via Participate Nillumbik platform from 30 June – 25 July 2023.

Innovation and continuous improvement

36. Not applicable.

Relevant law

37. Sections 108 and 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 12 December 2023

12. Officers' reports

CM.113/23 Tender Report – Contract 2324-026 Urban Congestion Fund - Pryor and Arthur St, St Laurence Lane/Main Road - Contract 2

Distribution: Public

Manager: Vince Lombardi, Chief Operating Officer

Author: Steven Blight, Manager Capital and Infrastructure

Lance Clark, Senior Procurement Specialist

Summary

This report recommends the awarding of contract 2324-026 for Urban Congestion Fund - Pryor and Arthur St, St Laurence Lane/Main Road - Contract 2.

The contract commencement date is 13 December 2023 with a completion date of 29 March 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 2324-026 for Urban Congestion Fund - Pryor and Arthur St, St Laurence Lane/Main Road - Contract 2.

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: 2324-026

Title: Urban Congestion Fund - Pryor and Arthur St, St Laurence Lane/Main Road - Contract 2

Term: 13 December 2023 to 29 March 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 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 2324-026 (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.	Attachment 1 - Tender Evaluation Summary Report 2324-026 - Confidential - Confidential

Discussion

1. This project is for the construction of raised pedestrian crossings and congestion busting works along Main Road in Pryor Street, Arthur Street and St Laurence Lane, Eltham. This upgrade is funded from the Commonwealth Government’s Urban Congestion Fund and is part of a larger package of works currently being carried out by Council.

Council plans and policies

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

Good governance

· We continue to exercise sustainable and responsible financial management.

Movement and place

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

Tender overview

The Tender Evaluation Panel (TEP) advises that:

3. A public tender was issued on and advertised in the Melbourne Age on Saturday 16 September 2023.

4. The period for tender submissions closed at 2pm on Thursday 19 October 2023.

5. The following tenders were received:

TENDERER
Tenderer A – Preferred Tender
Tenderer B
Tenderer C

6. 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.

7. 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	Tendered Costs was the highest of the received submissions as was more than $450,000 higher than the average costs of all received tendered submission.

8. 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	40%
Capability (Quality/Technical) & Capacity (Resources)	40%
Collaboration	10%
Supporting Local Economic and Social Development	10%

9. 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.

10. The members of the TEP were:

Position Title	Business Unit	Scoring Member or Advisory Member
Manager Capital and Infrastructure	Capital and Infrastructure	Scoring
Program Management Officer	Capital and Infrastructure	Scoring
Contract Works Supervisor	Capital and Infrastructure	Scoring
Senior Procurement Specialist	Finance, Assets & Procurement	Advisory

11. The final evaluation outcome was as follows:

TENDERER	SCORE	RANK
Tenderer A – Preferred Tender	89/100	1
Tenderer B	81/100	2

12. The recommended tenderer was the highest ranked and is considered best value because their tendered submission clearly evidenced their capability and capacity to deliver against similar projects.

13. Attachment 1 - Tender Evaluation Summary Report 2324-026– Confidential, provides the tenderer names and the Evaluation Scorecard Summary.

14. The Tender Evaluation Summary Report 2324-026 (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.

Capacity and Capability

15. Experienced contractor with strong reference projects and evidence of experience in delivering projects for other Local Government Agencies.

16. Skilled and experienced staff and works program and methodology well defined.

17. Limited use of sub-contractor arrangements as has required equipment and resources in house.

18. Has in place accredited OH&S, Quality Management and Environmental Management systems.

Tender Reference checks

19. Reference checks were undertaken and there were no concerns identified as part of the interview and checks.

20. Tenderer is currently used by multiple other councils within the Northern Council Alliance areas.

Contingency and risks

21. These works are located in the heart of the Eltham Activity Centre.

22. Traffic Management Approvals will be required and will be reviewed and approved by via VicRoads.

23. Council’s project manager will work closely with contractor to ensure minimal disruption to residents and business during the required works.

Collaboration

24. Not applicable for this type of contract.

Budget implications

25. Project is fully funded by Commonwealth Government’s Urban Congestion Fund.

Sustainability implications

26. Environmentally friendly concrete product will be used in the project.

27. Company is located in the Northern Council Alliance (NCA) area and employs more than 12 full time residents from within the NCA areas.

28. Contractor will be required to provide Council with a Waste to Landfill Minimisation Report at the end of the project which needs to provide detail on the type of waste, the quantity and the destination of all recycled, re-used or repurposed waste.

Stakeholder Consultation/communication

29. Not applicable.

Innovation and continuous improvement

30. Not applicable

Relevant law

31. Sections 108 and 109 of the Local Government Act 2020.

Regional, state and national plans and policies

32. Not applicable

Conflicts of interest

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

34. There were no disclosable conflicts of interest raised.

THIS PAGE WAS LEFT INTENTIONALLY BLANK

Council Meeting Agenda 12 December 2023

12. Officers' reports

CM.114/23 Tender Report – Contract 2324-033 Alistair Knox Park - Universal Design Access and Landscaping Works

Distribution: Public

Manager: Vince Lombardi, Chief Operating Officer

Author: Steven Blight, Manager Capital and Infrastructure

Lance Clark, Senior Procurement Specialist

Summary

This report recommends the awarding of contract 2324-033 for Alistair Knox Park - Universal Design Access and Landscaping Works.

The contract commencement date is 8 January 2024 with a completion date of 26 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 2324-033 for Alistair Knox Park - Universal Design Access and Landscaping Works.

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: 2324-033

Title: Alistair Knox Park - Universal Design Access and Landscaping
Works.

Term: 8 January 2024 to 26 April 2024

Options: Not applicable

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

4. Advises all tenderers accordingly.

5. Makes public the decision regarding this contract but the Tender Evaluation Report 2324-033 (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.	Attachment 1 - Tender Evaluation Summary Report 2324-033 - Confidential - Confidential

Discussion

1. Works will involve the construction of accessible paths, accessible car parking, landscaping, service connections, installation of various park elements, landscaping, civil works, signage and other associated works.

2. These works are to compliment the installation of a new Changing Places and amenities facility within the park.

3. This project is joint funded by State Government and Council.

Council plans and policies

4. 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:

5. A public tender was issued on and advertised in the Melbourne Age on Saturday 7 October 2023.

6. The period for tender submissions closed at 2pm on Thursday 2 November 2023.

7. The following tenders were received:

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

8. 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.

9. 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 E	Tendered Costs was the highest of the received submissions as was more than $700,000 higher than the average costs of all received tendered submission

10. 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	40%
Capability	20%
Capacity	20%
Collaboration	10%
Supporting Local Economic and Social Development	10%

11. 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.

12. The members of the TEP were:

Position Title	Business Unit	Scoring Member or Advisory Member
Manager Capital and Infrastructure	Capital and Infrastructure	Scoring
Capital Works Coordinator (Acting)	Capital and Infrastructure	Scoring
Program Management Officer	Capital and Infrastructure	Scoring
Senior Procurement Specialist	Finance, Assets & Procurement	Advisory

13. The final evaluation outcome was as follows:

TENDERER	SCORE	RANK
Tenderer A – Preferred Tender	85/100	1
Tenderer B	76/100	3
Tenderer C	82/100	2
Tenderer D	73/100	4

14. The recommended tenderer was the highest ranked and is considered best value because their tendered submission clearly evidenced their capability and capacity to deliver against similar projects.

15. Attachment 1 - Tender Evaluation Summary Report 2324-033– Confidential, provides the tenderer names and the Evaluation Scorecard Summary.

16. The Tender Evaluation Summary Report 2324-033 (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

17. Larger commercial landscape company.

18. Experience in Local Government works and working with other State and Educational agencies.

19. Works program and methodology is good.

20. Accredited Quality Management, OH&S and Environmental Management systems.

Capacity

21. The tenderer has given a comprehensive overview of their staff, including their roles and experience.

Tender Reference checks

22. Reference checks were undertaken and no concerns raised.

Risks or Impacts

23. Tight grant timeframes – Works must be completed by June 2024. Proposed works program meet this requirement.

24. Works are in a busy park, so Council Project Management officer will work closely with the contractor to ensure minimal disruption to community and users of the park.

25. Clear signage, safety fencing and community updates will be provided to keep people informed and safe.

Collaboration

26. Not applicable for this type of contract.

Budget implications

27. Additional funds will be sourced to deliver project.

Sustainability implications

28. Use of environmentally friendly products will be used for asphalt and concrete requirements as part of this project.

29. Company is not located within the Northern Council Alliance (NCA) area but employs 6 full time residents from within the NCA areas.

30. Contractor will be required to provide Council with a Waste to Landfill Minimisation Report at the end of the project which needs to provide detail on the type of waste, the quantity and the destination of all recycled, re-used or repurposed waste.

Stakeholder Consultation/communication

31. Community consultation was sought as part of wider project for new amenities for Alistair Knox Park that was undertaken via Participate Nillumbik platform from 28 August – 17 September 2023.

Innovation and continuous improvement

32. Not applicable.

Relevant law

33. Sections 108 and 109 of the Local Government Act 2020.

Regional, state and national plans and policies

34. Not applicable.

Conflicts of interest

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

36. There were no disclosable conflicts of interest raised.

Council Meeting Agenda 12 December 2023

12. Officers' reports

CM.115/23 Tender Report – Contract 2324-015 Diamond Valley Library Outdoor Space Rejuvenation

Distribution: Public

Manager: Vince Lombardi, Chief Operating Officer

Author: Steven Blight, Manager Capital and Infrastructure

Lance Clark, Senior Procurement Specialist

Summary

This report recommends the awarding of contract 2324-015 for Diamond Valley Library Outdoor Space Rejuvenation

The contract commencement date is 13 December 2023 with a completion date of
28 June 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 2324-015 for Diamond Valley Library Outdoor Space Rejuvenation.

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: 2324-015

Title: Diamond Valley Library Outdoor Space Rejuvenation

Term: 13 December 2023 to 28 June 2024

Options: Not applicable

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

4. Notes that any variations that exceed the total agreed contract and contingency value will require a further Council resolution.

5. Advises all tenderers accordingly.

6. Makes public the decision regarding this contract but the Tender Evaluation Report 2324-015 (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.	Attachment 1 - Tender Evaluation Summary Report 2324-015 - Confidential - Confidential

Discussion

1. Following a recent upgrade of the Diamond Valley Library internal space, Council together with the Yarra Plenty Regional Library Service is looking to upgrade the outdoor space to achieve a vibrant, exciting, educational, multi-functional play space.

2. Works will involve the construction of the outdoor space at the Diamond valley Library including the following but not limited to;

Landscaping, supporting amenities (seating, drinking fountain, bins, etc.) supply and installation of feature items, fencing, footpath and DDA ramp and signage.

3. This project is funded by a combination of State Government grants, and contributions by both Yarra Plenty Regional Library Service and Council.

Council plans and policies

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

Good governance

· We continue to exercise sustainable and responsible financial management.

Tender overview

The Tender Evaluation Panel (TEP) advises that:

5. A public tender was issued on and advertised in the Melbourne Age on Saturday 5 August 2023.

6. The period for tender submissions closed at 2pm on Thursday 31 August 2023.

7. The following tenders were received:

TENDERER
Tenderer A – Preferred Tender
Tenderer B

9. Both tendered submissions proceeded to evaluation stage.

Criteria	Weighting %
Price	40%
Capability	20%
Capacity	20%
Collaboration	10%
Supporting Local Economic and Social Development	10%

12. The members of the TEP were:

Position Title	Business Unit	Scoring Member or Advisory Member
Manager Capital and Infrastructure	Capital and Infrastructure	Scoring
Capital Works Coordinator	Capital and Infrastructure	Scoring
Senior Procurement Specialist	Finance, Assets & Procurement	Advisory

13. The final evaluation outcome was as follows:

TENDERER	SCORE	RANK
Tenderer A – Preferred Tender	83/100	1
Tenderer B	55/100	2

14. The recommended tenderer was the highest ranked and is considered best value because their tendered submission clearly evidenced their capability and capacity to deliver against similar projects.

15. A subsequent tender interview further evidenced the recommended tenderer’s capability.

16. Attachment 1 - Tender Evaluation Summary Report 2324-015 – Confidential, provides the tenderer names and the Evaluation Scorecard Summary.

17. The Tender Evaluation Summary Report 2324-015 (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

18. Demonstrated evidence in similar projects to similar value.

19. Key staff resources very experienced and company has worked on other projects with the architectural firm that was engaged by Council to design the space.

Capacity

20. Project methodology and Works program very clear and can deliver ahead of funding deadlines.

21. Experienced in working with Local Government Agencies and other Government Agencies.

Tender Interviews and Reference checks

22. Tender interview was held on October 3, 2023 and tender reference checks were undertaken.

23. There were no concerns identified as part of the interview and checks.

Contingency and risks

24. Tight grant timeframes – Works must be completed by April 2024. Current works schedules meet this requirement.

25. Works are part of a busy library, so project manager and contractor will work closely with YPRL to ensure minimal disruption to community and library users.

26. Clear signage, safety fencing and community updates will be provided to keep people informed and safe.

27. External impacts with supply lines (Order early to minimise risk and ensure access to multiple suppliers)

28. Cost overruns. Budget is already tight, so cost control is essential.

29. Service connections – Delays caused by other authorities. (Submit applications as soon as possible and continual follow up)

Collaboration

30. Not applicable for this type of project.

Budget implications

31. Additional funds will be sourced to deliver project.

Sustainability implications

32. Strong social initiatives.

33. Company is not located in the Northern Council Alliance (NCA) area but does employ three full time residents from within the NCA areas.

34. Use of Environmentally Friendly Construction Materials for Concrete and Asphalt requirements will be used in the project.

35. Contractor will be required to provide Council with a Waste to Landfill Minimisation Report at the end of the project which needs to provide detail on the type of waste, the quantity and the destination of all recycled, re-used or repurposed waste.

Stakeholder Consultation/communication

36. Community engagement was undertaken via Participate Nillumbik platform from 17 May - 18 June 2023.

Innovation and continuous improvement

37. Not applicable.

Relevant law

38. Sections 108 and 109 of the Local Government Act 2020.

Regional, state and national plans and policies

39. Not applicable.

Conflicts of interest

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

41. There were no disclosable conflicts of interest raised.

THIS PAGE WAS LEFT INTENTIONALLY BLANK

Council Meeting Agenda 12 December 2023

12. Officers' reports

CM.116/23 Tender Report – Contract 2324-008 Photography & Videography Services Panel

Distribution: Public

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

Author: Lance Clark, Senior Procurement Specialist

Tracey Varley, Manager Communications and Engagement

Summary

This report recommends the awarding of a panel contract 2324-008 for Photography & Videography Services Panel.

There are seven different service categories as part of this contract:

· Photography 1.1 - Event and Editorial photography

· Photography 1.2 - Portrait photography

· Photography 2.1 - Brand, advertising and lifestyle photography

· Photography 2.2 - Artwork, exhibition and commission photography

· Videography 1 - Corporate and promotional videography

· Videography 2 - Mixed media animation

· Videography 3 - Drone/aerial videography and photography.

The contract term is for an initial period of 3 years, with 2 x 1 year options to extend the contract. The total duration of the contract, including the exercise of any options, shall not exceed 5 years.

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 2324-008 for Photography & Videography Services Panel.

Recommendation

That Council:

1. Accepts the tenders and tendered schedule of rates submitted by the preferred tenderers and enter into a panel contract arrangement for the listed categories by tenderers as disclosed in (Attachment 1):

Number: 2324-008

Title: Photography & Videography Services Panel.

Term: 13 December 2023 to 12 December 2026

Options: Term extensions up to 12 December 2028

2. Authorises the Director Governance, Communications and Community Safety to finalise and execute the contract documentation.

3. Authorises the Director Governance, Communications and Community Safety to approve contract term extensions.

4. Authorises the Director Governance, Communications and Community Safety to approve changes to operational requirements throughout the term of the contract.

5. Advises all tenderers accordingly.

6. Makes public the decision regarding this contract but the Tender Evaluation Report 2324-008 (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 tenderers be named.

Attachments

1.	Attachment 1 - Tender Evaluation Summary Report 2324-008 - Confidential - Confidential

Discussion

1. Nillumbik Shire Council’s Communication and Engagement unit is responsible for the strategic positioning and branding of the Shire as an attractive and inclusive place to work, live, study and visit. The Shire is classed as a Green Wedge by the State Government and this plays an important part in the Nillumbik brand, focused on naturalistic, organic shapes, lighting and earthy colours.

2. Photography and videography are important ways of communicating with our community and our brand style hinges on the natural, candid imagery used.

3. This is a business as usual panel contract arrangement that will replace existing contracted services.

4. This new contract provides a more structured and wider range of services than the previous contract did.

5. Council reserved the right to appoint up to a maximum of 5 suppliers to each category.

6. There was significant cross business unit engagement undertaken by the Communications and Engagement team to ensure requirements by other key users were captured as well as undertaking a Gender Equity and Impacts lens.

7. The updated panel contract structure will enable the selection of suppliers from a larger pool, facilitating the use of targeted suppliers tailored to particular needs.

8. Council reserved the right to engage with other non-professionals or volunteers on an as-needed basis, where the range of panel suppliers may not meet a prescribed requirement in respect to a targeted demographic audience or other requirements.

9. These could be for imagery requirements that are youth, First Nations, LGBTQIA+ focused or environmental focused.

Council plans and policies

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

Good governance

· We continue to exercise sustainable and responsible financial management.

Equity and inclusion

· We champion equity, diversity, access and inclusion for people of all abilities, ages, cultural identities, gender identities, geographic locations, religions, sexualities, and socio-economic backgrounds.

Tender overview

The Tender Evaluation Panel (TEP) advises that:

11. A public tender was issued on Saturday 26 August 2023.

12. The period for tender submissions closed at 2:00pm on Thursday 28 September 2023.

13. There were two tender information sessions held:

· An in-person session at Nillumbik Civic Offices on Monday 4 September 2023

· A evening virtual session on Tuesday 5 September 2023

14. Council also issued a direct notice of the upcoming tender to a list of suppliers that were identified as part of the cross business engagement undertaken in the planning of the tender. This notice was emailed to sixty-nine recipients.

15. There were thirty-three (33) tendered submissions received.

16. The list of tenders received is provided on the next page.

17. 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.

18. 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 3	Highest overall hourly rates for the tendered categories
Tenderer 5	Incomplete submission – no pricing provided
Tenderer 19	Incomplete submission – failed to provide Tender Response Form and no pricing provided
Tenderer 24	Unable to determine pricing structure based on information provided
Tenderer 33	Highest overall project rates for the tendered categories

19. 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 (Quality/Technical) & Capacity (Resources)	30%
Collaboration	5%
Economic and Social Sustainability	15%

20. 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.

21. The members of the TEP were:

Position Title	Business Unit	Scoring Member or Advisory Member
Brand and Design Advisor	Communications and Engagement	Scoring
Senior Communications Officer	Communications and Engagement	Scoring
Coordinator Arts and Cultural Development	Arts Cultural Services	Scoring
Manager Communications and Engagement	Communications and Engagement	Advisory
Procurement Officer	Finance, Assets and Procurement	Advisory
Senior Procurement Specialist	Finance, Assets and Procurement	Advisory

22. The final evaluation outcome was as follows. Due to the number of tenderers and categories tendered for, only the categories that are to be awarded for each preferred tenderer number are listed.

23. In total, there are twenty (20) tenderers to be appointed to the panel contract arrangement.

24. The records that are highlighted in orange below indicate that the tenderer has not been successful in the tender evaluation process.

25. The recommended tenders are considered best value due the evidenced portfolio of works and experience in each of the categories they have been awarded.

26. Attachment 1 - Tender Evaluation Summary Report 2324-008 – Confidential, provides the tenderer names and the Evaluation Scorecard Summary.

27. The Tender Evaluation Summary Report 2324-008 (Attachment 1) is to remain confidential on the grounds specified in the definition of confidential information in section 3(1)(g) of the Local Government Act 2020.

Capacity & Capability

28. All of the preferred tenderers were able to reference and evidence in their submissions and their portfolio of works provided, either in soft copy directly in their submission or via an on-line link provided in their submission, their ability to deliver against the categories they have been recommended to be awarded.

Fair and equitable opportunity for all suppliers on the panel

29. To ensure that all suppliers on the panel for their respective categories are provided with fair and equitable opportunity to Council work, for planned requirements with an approved budget of more than $2,000.00, officers that require the services for a specific category, will be required to obtain quotes from all suppliers on the panel for that specific category.

30. In the event a supplier is taking an extended period of leave and is unable to directly deliver the service requirement, they are required to notify Council and are not permitted to out-source or sub-contract any of the deliverables to another party.

Child Safe Standards

31. All suppliers and any of their staff engaged in the delivery of services, must hold a current Working with Children card and must be able to provide it, if requested before undertaking the required services.

32. In the event that a supplier or their representative is unable to provide on request, evidence of a current Working with Children card, then Council reserves the right to cancel the booked services at no cost to Council.

Tender Interviews and Reference checks

33. Given that the majority of preferred tenderers are known to Council, and the services are low risk, no interviews or reference checks were deemed necessary.

Collaboration

34. Not applicable.

Budget implications

35. All costs associated with photography and videography requirements, are planned for as part of Council’s annual budget planning processes.

Sustainability implications

36. With a far wider group of suppliers on the new contract arrangement, Council is able to provide equity, diversity, access and inclusion opportunities to some of the suppliers that will be appointed to the panel.

37. A gender impact assessment (GIA) was undertaken as part of the tender planning process.

38. Five of the preferred tenderers are located within the Northern Council Alliance (NCA) areas.

39. Ten of the preferred tenderers have stated that they have women and/or gender diverse people at all levels in their workforce.

Stakeholder Consultation/communication

40. Not applicable

Innovation and continuous improvement

Not applicable.

Relevant law

41. Sections 108 and 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 12 December 2023

12. Officers' reports

CM.117/23 Tender Report - Contract 2324-035 - Chair and Facilitation of CEO Employment Matters Committee

Distribution: Public

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

Summary

This report recommends the awarding of contract 2324-035 for Chair and Facilitation of CEO Employment Matters Committee.

The contract term is for an initial period of 2 years, with 2 x 1 year options to extend the contract. The total duration of the contract, including the exercise of any options, shall not exceed 4 years.

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 2324-035 for Chair and Facilitation of CEO Employment Matters Committee.

Recommendation

That Council:

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

Number: 2324-035

Title: Chair and Facilitation of CEO Employment Matters Committee

Term: 31 January 2024 to 30 January 2026

Options: Term extensions up to 30 January 2028

2. Authorises the Director Governance, Communications and Community Safety to finalise and execute the contract documentation.

3. Authorises the Director Governance, Communications and Community Safety to approve contract term extensions.

4. Authorises the Director Governance, Communications and Community Safety to approve changes to operational requirements throughout the term of the contract.

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

6. Advises all tenderers accordingly.

7. Makes public the decision regarding this contract but the Tender Evaluation Summary Report (Attachment 1) and Consolidated Scorecard (Attachment 2) remain confidential on the grounds specified in the definition of confidential information in section 3(1)(g) of the Local Government Act 2020.

8. Resolves that the preferred tenderer be named.

Attachments

1.	Attachment 1 - Tender Evaluation Summary Report - Confidential
2.	Attachment 2 - Consolidated Scorecard – Confidential

Discussion

1. In accordance with section 44 of the Local Government Act 2020, the Council is responsible for appointing a Chief Executive Officer (CEO) to implement the policy decisions and to manage the administrative functions of Council.

2. To assist Council in fulfilling its responsibilities relating to CEO employment matters, Council has formed a CEO Employment Matters Advisory Committee (Committee).

3. The Committee’s purpose is to make recommendations to Council on contractual employment matters, performance matters and any other functions or responsibilities prescribed by the Local Government Act 2020 relating to the CEO.

4. Independent members of the Committee are separately appointed by Council for a fixed term.

Related Council decisions

5. Not applicable.

Council plans and policies

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

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

Tender overview

7. In line with Councils Procurement Policy and Guidelines, after considering the complexity, value and risk associated with this contract it was determined that a request for quotations process be undertaken.

The Tender Evaluation Panel (TEP) advises that:

8. A Request for Quote was issued on 16 October 2023.

9. The period for submissions closed at 2pm on Thursday 3 November 2023.

10. The following tenders were received:

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

11. 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	40%
Capability (Quality/Technical)	40%
Collaborative Approach	20%

12. 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.

13. The members of the TEP were the members of the CEO Employment Matters Advisory Committee. Each member was requested to independently read through each submission and then using the defined statements in the evaluation criteria score each Tenderer. A consolidated evaluation scorecard was subsequently prepared (Attachment 2).

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

15. The Tender Evaluation Summary Report (Attachment 1) and Consolidated Scorecard (Attachment 2) are to remain confidential on the grounds specified in the definition of confidential information in section 3(1)(g) of the Local Government Act 2020.

16. The discussion and decision of the majority of the Committee members have determined that the experience provided by Tenderer B provides a value for money proposition in comparison to other received quotes.

17. Tenderer B was able to demonstrate a clear understanding of the objectives, roles, duties and obligations of the Chief Executive Officer and Council under the Local Government Act 2020 and all other associated legislation.

18. Their ability to exhibit clear leadership, work effectively with Councillors and the Chief Executive Officer and demonstrated human resource management skills make them uniquely qualified for the role.

19. Their demonstrated experience in understanding of performance management processes and procedural fairness and extensive previous experience working with Councillors, Executive Governance bodies or Board Members in advisory and/or facilitation roles is highly valuable for this crucial role at Council.

Budget implications

20. All costs associated with CEO Employment Matters Advisory Committee requirements, are planned for as part of Council’s annual budget planning processes.

Relevant law

21. The Act does not mandate the establishment of CEO Employment Matters Advisory Committee. The Council will however establish a Committee in order to support the implementation requirements of 45(2) of the Local Government Act 2020.

22. The Committee is to be chaired by an independent person, entitled to be remunerated for their work.

Regional, state and national plans and policies

23. Not applicable.

Conflicts of interest

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

25. There were no disclosable conflicts of interest raised.

Council Meeting Agenda 12 December 2023

12. Officers' reports

CM.118/23 Instrument of Appointment and Authorisation (Planning and Environment Act 1987)

Distribution: Public

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

Author: Katia Croce, Manager Governance and Property

Summary

Section 224 of the Local Government Act 1989 provides for the appointment of Authorised Officers for the purposes of the administration and enforcement of any Act, regulations or local laws which relate to the functions and powers of the Council.

The Chief Executive Officer makes these appointments by authority conferred by Instrument of Delegation by Council dated 27 July 2021.

Section 147(4) of the Planning and Environment Act 1987 provides for the appointment and authorisation of Council Officers for the purpose of the Planning and Environment Act 1987.

To strengthen Council’s decision making and enforcement processes, appointment of authorisation under the Planning and Environment Act 1987 is being recommended by Council Resolution.

Recommendation

That Council in the exercise of the powers conferred by s147(4) of the Planning and Environment Act 1987, resolves that:

a) The Nillumbik Shire Council staff referred to in the Instrument of Appointment and Authorisation (Planning and Environment Act 1987) (Attachment 1) be appointed and authorised as set out in the instrument.

b) The common seal of Council be affixed to the Instrument.

c) The Instrument comes into force immediately after the common seal of Council is affixed to the Instrument and remains in force until Council determines to vary or revoke it.

Attachments

1.	Instrument of Appointment and Authorisation for Planning and Environment Act 1987

Discussion

1. The purpose of this report is for Council to consider executing an Instrument of Appointment and Authorisation under the Planning and Environment Act 1987 (Instrument).

2. Instruments of Appointment and Authorisation enable Council staff to exercise powers permitted to authorised officers under legislation or Council local laws.

3. Council subscribes to the Maddocks Authorisations and Delegations service. The appointment and authorisation of officers for the purposes of enforcing the Planning and Environment Act 1987 enables day to day statutory and operational decisions to be made in relation to this Act.

4. The proposed Instrument (Attachment 1) is based on the model developed by Maddocks Lawyers and available through the subscription service.

5. Maddocks recommend that Officers enforcing the Planning and Environment Act 1987 be authorised by Council resolution and that Instruments of Appointment and Authorisation be refreshed on a regular basis. The instruments are reviewed by Governance as required to ensure they are up to date. The current Instrument is dated 28 November 2023.

Related Council decisions

6. Not applicable

Options

7. It is recommended by Officers that Council resolves that the Officers referred to in the instrument (Attachment 1) be appointed and authorised as set out in the instrument.

Council plans and policies

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

· We act in the best interests of our community.

Access, Equity and Inclusion

9. Not applicable

Sustainability implications

10. Not applicable

Community engagement

11. As a legislative requirement and an administrative function of Council, Community engagement is not required.

Innovation and continuous improvement

12. Council’s appointments and authorisations under the Planning and Environment Act 1987 have been signed under delegation to the CEO in accordance with legal advice. In order to strengthen Council’s decision making and enforcement process it is recommended that Council make these appointments by Council Resolution.

Collaboration

13. Not applicable.

Budget implications

14. The appointment of authorised officers is an administrative exercise undertaken by Council Officers. There is no additional resourcing required if Council supports and resolves the officer recommendation.

Relevant law

15. Section 224 of the Local Government Act 1989

16. Section 147(4) of the Planning and Environment Act 1987

Regional, state and national plans and policies

17. Not applicable.

Conflicts of interest

18. 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.

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Council Meeting Agenda 12 December 2023

12. Officers' reports

CM.119/23 Informal Meetings of Councillors Records - 12 December 2023

Distribution: Public

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

Author: Katia Croce, Manager Governance and Property

Summary

In accordance with Item 20 of Council’s Governance Rule – Meeting Procedures, adopted on 25 July 2023, 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 November 2023.

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

1. Planning and Consultation Committee meeting pre-meet held 14 November 2023;

2. Recreation Trails Advisory Committee meeting held 15 November 2023;

3. Panton Hill bushland Reserve System User Group Advisory Committee meeting held 16 November 2023;

4. Arts and Cultural Advisory Committee meeting held 20 November 2023;

5. Councillor Briefing held 21 November 2023;

6. Environment and Sustainability Advisory Committee meeting held 22 November 2023;

7. Council Meeting pre-meet held Tuesday 28 November 2023; and

8. Extraordinary Council Meeting pre-meet held Wednesday 29 November 2023.

Recommendation

That Council, in accordance with Item 20 of Council’s Governance Rule – Meeting Procedures, receives the Informal Meetings of Councillors Records (Attachment 1) for the meetings held.

Attachments

1.	Informal Meeting of Councillors record reported 12 December 2023

Discussion

1. Item 20 of Council’s Governance Rule – Meeting Procedures, 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 20 of the Governance Rule – Meeting Procedures. 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 20 of the Governance Rule – Meeting Procedures, 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 20 of the Governance Rule – Meeting Procedures.

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. Not applicable.

Community engagement

11. Not applicable.

Innovation and continuous improvement

12. Not applicable.

Collaboration

13. Not applicable.

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.

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13. Notices of Motion

14. Delegates' Reports

15. Supplementary and urgent business

16. Confidential reports

17. Close of Meeting

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

1.	Minutes of the Council Meeting held on Tuesday 28 November 2023
2 .	Minutes of the Extraordinary Council Meeting held on Wednesday 29 November 2023