council meeting tuesday 24 august 2021 agenda

COUNCIL MEETING

TUESDAY 24 AUGUST 2021

AGENDA

VISION

Whether you live here or visit, you will see how much we value our natural beauty, how connected our communities are, and how balanced growth

makes this the best place in the world.

COUNCILLOR COMMITMENT

We’ll be truthful, represent the community’s needs, be positive and responsive and always strive to do better.

NOTES FOR QUESTIONS AND SUBMISSIONS FROM THE PUBLIC

The public is invited to submit questions to the Council Meeting by completing the form on the Council’s website; or via email. Your question must be received no later than 5.00pm on the day before the Council meeting date. Questions relating to items on the agenda, or which are the same as previous questions, will not be considered.

A question will not be accepted if, in the opinion of the Chief Executive Officer, it appears to be derogatory, defamatory or embarrassing to any Councillor, member of staff, ratepayer or member of the public. A limit of one question per person per meeting will apply. Multiple parts to a question will be treated as multiple questions. A maximum of 15 minutes will be allocated to ‘Question Time’ at each meeting. As far as practicable, questions will be considered in the order they were received. Your question will be read out on the night and if possible will be answered by the appropriate officer. If a question cannot be answered on the night or if time constraints restrict the ability to read out a question, it will be answered in writing in accordance with Council’s normal correspondence procedures. You are welcome to attend the meeting and hear the answer to your question, but it is not a requirement. If your question is addressed on the night, we will provide a copy of the answer to you in writing in the days following the meeting.

Submissions to Council on matters not listed on the Council Meeting agenda will generally be heard before the items listed on the agenda. The subject should not relate to matters on the agenda for the meeting, or matters that have been already considered by Council or to operational issues. You must provide the required information at least eleven (11) days before the meeting you wish to attend to the Governance Team, to allow for consideration of your request and appropriate arrangements to be made.

You should provide sufficient copies of any supporting information you want to be distributed to all Councillors and this will be circulated upon request. A copy of any supporting electronic presentation needs to be given to Governance Team by midday of the date of the meeting to ensure compatibility with Council’s computer system.

Submissions in relation to a specific item on the agenda for consideration will be invited to come forward by the Chair in the order items are listed. For planning applications and policy issues, the Chair will invite one person to speak on behalf of any objectors and one person to speak on behalf of the applicant. For other matters on the agenda, only one person will be invited to address Council, unless there are opposing views. At the discretion of the Chair, additional speakers may be invited for items of large interest. Submissions must be made in a way that is respectful of Councillors and staff. You should make sure that you are present at the meeting when the item you wish to speak about is considered, as there will no opportunity for you to speak after the Chair has invited speakers and councillors have begun to consider the item.

Mayor

Cr Fiona McAllister Ryrie Ward

Tammi Rose Chief Executive

Officer

Kath McClusky Director Planning

Design & Development

Andrew Hilson Director Corporate

Services

Cr Tim Heenan Billanook Ward

Cr Len Cox Walling Ward

Deputy Mayor Cr David Eastham

Chandler Ward

Cr Cathrine Burnett-Wake Streeton Ward

Cr Richard Higgins

Chirnside Ward

Cr Jim Child O’Shannassy Ward

Cr Johanna Skelton Lyster Ward

Cr Sophie Todorov Melba Ward

Jane Sinnamon Director Recovery

Mark Varmalis Director Environment &

Infrastructure Jane Price

Director Communities

Public Submitter

Council Chamber Layout

https://www.yarraranges.vic.gov.au/Council/Council-meetings/Submissions-questions-petitions-to-Council

https://www.yarraranges.vic.gov.au/Council/Council-meetings/Submissions-questions-petitions-to-Council

mailto:[email protected]?subject=Public%20Question%20to%20Council

http://www.yarraranges.vic.gov.au/About-Council/Council-meetings/Meeting-schedule

http://www.yarraranges.vic.gov.au/About-Council/Council-meetings/Meeting-schedule

INDEX

ITEM PAGE NO

1. COUNCIL MEETING OPENED ................................................................................ 4

2. INTRODUCTION OF MEMBERS PRESENT ........................................................... 4

3. APOLOGIES AND LEAVE OF ABSENCE .............................................................. 4

4. CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS .................................. 4

5. DISCLOSURE OF CONFLICTS OF INTEREST ...................................................... 4

6. QUESTIONS AND SUBMISSIONS FROM THE PUBLIC ........................................ 4

7. BUSINESS PAPER .................................................................................................. 5

RECOVERY 5

7.1 Storm Recovery Update 5

CORPORATE SERVICES 14

7.2 Instrument of Delegation to the Chief Executive Officer 14

7.3 Appointment of Authorised Officers under the Planning and Environment Act 1987 21

7.4 Instrument of Sub-Delegation & Appointment and Authorisation under the Environment Protection Act 2017 28

COMMUNITIES 39

7.5 Transition of Aged & Disability Services 39

ENVIRONMENT AND INFRASTRUCTURE 50

7.6 Menzies Road, Menzies Creek Intention to Levy a Special Charge 50

7.7 Hyne Street, Lilydale Declaration of Special Charge 73

7.8 EOI6105 6287 Lilydale Road, Healesville - Road Improvement 82

7.9 CT6260 Construction of Millgrove Sporting Pavilion, Millgrove 87

7.10 CT6789 - Seville Oval Redevelopment 91

8. COUNCILLOR MOTIONS ...................................................................................... 95

9. URGENT BUSINESS AND ITEMS RAISED THROUGH THE CHAIR ................... 95

10. PETITIONS ............................................................................................................ 95

11. DOCUMENTS FOR SIGNING AND SEALING ...................................................... 95

12. INFORMAL MEETING OF COUNCILLORS .......................................................... 96

13. REPORTS FROM DELEGATES ............................................................................ 99

14. CONFIDENTIAL ITEMS ......................................................................................... 99

15. DATE OF NEXT MEETING .................................................................................... 99

YARRA RANGES COUNCIL MEETING AGENDA - 24/08/2021 4

YARRA RANGES COUNCIL AGENDA FOR THE 543RD COUNCIL MEETING TO BE HELD ON TUESDAY 24 AUGUST 2021 COMMENCING AT 7.00PM VIA VIDEOCONFERECE

1. COUNCIL MEETING OPENED

2. INTRODUCTION OF MEMBERS PRESENT

3. APOLOGIES AND LEAVE OF ABSENCE

4. CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS

RECOMMENDATION

That the Minutes of the Council Meeting held 10 August 2021, as circulated, be confirmed.

5. DISCLOSURE OF CONFLICTS OF INTEREST

In accordance with section 130 of the Local Government Act 2020.

6. QUESTIONS AND SUBMISSIONS FROM THE PUBLIC

In accordance with Chapter 3 Rules 57 and 59 of the Governance Rules developed by Council in accordance with section 60 of the Local Government Act 2020.

The Yarra Ranges Men’s Health Network

Mr Brian Mier wishes to speak in relation to the activities of the Yarra Ranges Men’s Health Network and its upcoming initiatives.

ITEM 7.1


7. BUSINESS PAPER

RECOVERY

No. of Pages – 9

7.1 Storm Recovery Update

RESPONSIBLE OFFICER Director Recovery

SUMMARY

This Storm Recovery Update report provides an overview of work Council did initially in supporting the response effort and is currently undertaking to support communities as they recover from the 9 June 2021 storm and flooding event.

The early assessments of the impacts of the storms have provided the starting point to shape the response, however the full picture will take some months to define, with access and ongoing testing being needed to complete this work.

RECOMMENDATION

That Council note the work being done to support storm impacted communities.

DISCLOSURE OF CONFLICTS OF INTEREST

No officers and/or delegates acting on behalf of the Council through the Instrument of Delegation and involved in the preparation and/or authorisation of this report have any general or material conflict of interest as defined within the Local Government Act 2020.

PROPOSAL

This report provides an overview of the work being undertaken to support our community as they recover from the 9 June 2021 storm and flooding event.

RELATED COUNCIL DECISIONS

Yarra Ranges Council meeting on 27 July 2021;

• Item 9.1 Special Resident Storm Branch Kerbside Collection.

Yarra Ranges Council meeting on 13 July 2021;

• Item 9.1 Urgent Motion – Storm Recovery Assistance.

ITEM 7.1 (Cont’d)


BACKGROUND

The savage winter storm that ripped across Yarra Ranges Shire on 9 June 2021 was like nothing the State has seen before in terms of the scale of loss and damage, and complexities of executing make safe and clean-up efforts.

Wind speeds reported above 120km/h caused extensive damage to trees and infrastructure and caused widespread power outages. Seventy-two buildings (including 68 homes) were damaged to the point of being uninhabitable. At its peak, over 54,000 residents were without power (11,346 for a period of 1-2 weeks and 891 for a period of 2-3 weeks).

The immediate days after the event saw impacts across telecommunications, sewerage treatment spills, water access and quality issues, road closures, food waste spoilage. These impacts were met by a multiagency response initially coordinated through an Incident Control Centre and Council’s specific response through the Municipal Emergency Coordination Centre.

A dedicated Yarra Ranges Council Recovery Directorate has been established to ensure focussed coordination of recovery activities associated with both the storm, flood and COVID pandemic at the municipal level, including the establishment of Community Recovery Committees, multiagency recovery forums and continued liaison with Bushfire Recovery Victoria.

STRATEGIC LINKS

Yarra Ranges Council is in the fortunate position to have robust emergency planning.

Council’s Pandemic Recovery Framework has provided a strong foundation to inform the approach being taken to the Storm Recovery as is Council’s previous experience at responding to emergency events.

The recovery planning being undertaken is underpinned by the best practice principles of community led recovery and resilience building.

Storm Recovery objectives and activities connect in with each of the Council Plan Objectives.

CONSULTATION

Initial community meetings:

• Olinda 27 June 2021 – 158 attendees;

• Belgrave 28 June 2021 – 20 attendees;

• Kalorama 28 June 2021 – 280 attendees;

• Mt Evelyn 3 July 2021 – 96 attendees;

• Lilydale 7 July 2021 – 58 attendees;

ITEM 7.1 (Cont’d)


• Yarra Junction 9 July 2021 – 54 attendees; and

• Yarra Glen 11 July 2021 – 6 attendees.

The community issues raised across these meetings have been used and will continue to help inform recovery activities. The next phase of this consultation will involve further discussions with the community and the establishment of Community Reference Committees that are representative of the different regions of the Municipality.

FINANCIAL IMPLICATIONS

Initial conservative estimates on the required financial commitment to undertake the necessary rehabilitation, restoration and recovery work were approximately $65m. This does not include any work that would be required on private property, which has been initially estimated at over $160m. Council is not in a position to bear the entire financial burden of these recovery efforts and has had discussions with both the State and Commonwealth governments to seek financial assistance.

To date, the State Government has announced an $8.2m Council Support Fund to provide financial support across the 10 local government areas impacted by the storm event, with Yarra Ranges expecting to receive approximately $3.5m.

It is anticipated that under the shared responsibility principles of disaster recovery funding arrangements, that Council will be required to make some financial contribution towards the recovery efforts, and it will have an impact on Council’s financial projections not only in this current financial year, but also for the next two to three years.

A revised budget is being prepared which will include the financial impact of the storm recovery effort in early 2022.

KEY ISSUES

Council’s Role

Councils have a responsibility for emergency planning, local response coordination (depending on the emergency) and the recovery effort following an emergency.

Emergency relief is defined as “the provision of essential needs to individuals, families and communities in the immediate aftermath of an emergency”. Initially, Council was working under the guidance of the SES who were the lead agency in responding to the storm emergency. Council provided relief from 9 June through to 16 July 2021. This included:

• 1248 staff hours to operate relief and recovery hubs;

• Coordinating the delivery of 2635 hot meals;

• Coordinating up to 90 Red Cross volunteers on any given day;

• Six power and shower sites;

ITEM 7.1 (Cont’d)


• Firewood delivered to communities via distribution points at Olinda and Kalorama

hubs;

• Coordinating the delivery of material aid to hubs including food packs, water bottles, torches, batteries, toilet paper, baby formula, fuel containers, tea and coffee; and

• 1500 residents contacted, or were contacted by, Council staff to provide some form of relief support.

Council becomes the lead agency once the initial response to the emergency is wound up. In preparation for this transition process, arrangements were made between the Incident Control Centre (ICC), Yarra Ranges’ Municipal Emergency Coordination Centre (MECC) and Bushfire Recover Victoria (BRV) for a staged handover in preparation for transition:

Stage Activity Focus Date

Stage 1

The Incident Control Centre stood up and

operational at Dandenong site

Response 9 to 20 June

2021 The Incident Control Centre relocated to

Ferntree Gully site

Stage 2 Yarra Ranges MECC stood up at Lilydale

council offices Relief 10 June 2021

Stage 3 ICC collocated with MECC Relief, Recovery

21 June 2021 to 6 July 2021

Stage 4 ICC functions reduced to Incident Controller and Logistics

Relief, Recovery

30 June 2021

Stage 5 ICC functions stood down and exited from MECC

Relief, Recovery

6 July 2021 1800

Stage 6 MECC maintains recovery activities as relief requirements reduce ahead of transition into recovery operating governance structures

Recovery 7 July 2021

Now Council has transitioned into the recovery stage where we are focused on the longer-term support needs of our impacted communities. The Emergency Management Act 1986 states that recovery is “the assisting of persons and communities affected by emergencies to achieve a proper and effective level of functioning”.

Council’s obligation to our community is long lasting and in a recovery sense our goal is to support community-led recovery to help build the long-term health, strength and resilience of these communities.

http://memp.colacotway.vic.gov.au/go01.php#idp7185712

ITEM 7.1 (Cont’d)


Working in partnership with State agencies

Bushfire Recovery Victoria (BRV) are assisting Council in working with over 20 state agencies and funding bodies to help support local recovery.

Advocacy: immediate actions

Through the early stages of the response phase, Council undertook mapping of issues impacting communities to identify matters that warranted a direct response from council and those that required advocacy to other responsible organisations. This mapping was based on situation reports and early impact assessments, as well as direct feedback from the community and key stakeholders.

Issues captured in the early stages included the need to restore power and telecommunications services (including NBN), provision of timely information that is consolidated and targeted to affected communities, clarifying responsibilities of Council and other assisting agencies through the clean-up phase, delivering safety messages regarding travel through affected areas during school holiday periods, and provision of financial and mental health support.

Council worked closely with relevant agencies to address the above matters and to provide as much clarity as possible to the public through clear and targeted information across all channels. Councillors spoke to local media and ABC News, to amplify messages regarding community safety and the need for additional support from other levels of government.

Advocacy: early stages

An advocacy platform is being developed as Council moves into the recovery phase and continues to assess the full impact of this event.

Three key issues have emerged, and have shaped early advocacy to the Victorian and Commonwealth Governments:

• Telecommunications, particularly the restoration of NBN services and ensuring access to Triple Zero (000) at all times, with an emphasis on the approaching bushfire season;

• Urgent support for clean-up of debris on public and private property, including addressing gaps in assistance for residents facing insurmountable costs to clear trees from private properties who are ineligible for support through BRV or insurance; and

• Funding for Council’s dedicated recovery team, which is required to deliver adequate and localised support for affected communities while Council continues to deliver essential services to the broader community. First estimates stand at approximately $65 million over two to three years to cover additional resourcing. This does not include budget to re-establish infrastructure nor provide any funds for wider public clean-up. Additionally, Council will likely incur around $20 million in direct and indirect costs as we respond to this crisis.

Council has advocated on these issues to the Prime Minister The Hon. Scott Morrison, in a

letter delivered on 2 August 2020, copied to:

ITEM 7.1 (Cont’d)


• The Hon. Bridget McKenzie (Minister for Regionalisation, Regional Communications

and Regional Education, and Minister for Emergency Management and National Recovery and Resilience);

• The Hon. Paul Fletcher (Minister for Communications, Urban Infrastructure, Cities and the Arts);

• The Hon. Dan Tehan (Minister for Trade, Tourism and Investment);

• The Hon. Daniel Andrews (Premier of Victoria); and

• The Hon. Danny Pearson (Acting Minister for Police and Emergency Services).

The letter was also shared with local members of parliament for their awareness.

Council also raised issues specific to telecommunications with The Hon. Jaala Pulford, Minister for Innovation, Medical Research and the Digital Economy, in a letter issued on 28 July 2021 and copied to:

• The Hon. James Merlino (Deputy Premier of Victoria and Member for Monbulk);

• The Hon. Danny Pearson (Acting Minister for Police and Emergency Services).

This correspondence was framed specifically with regards to the Victorian Government’s recently launched Connecting Victoria program.

Advocacy: telecommunications

Council has undertaken an in-depth study of telecommunications services in the region. In 2020, a community survey was delivered to understand the technologies, devices, and uses across the municipality. As part of this, Council gathered broadband speed test results from over 1000 homes and businesses. Council also engaged a consultant to complete independent testing of mobile signals along key road networks and sites, including schools, aged care homes, water tanks, emergency markers and community gathering points.

Early findings show that of the 24,000+ sites tested, 25% had unusable or no service. Insights from the draft report were shared with relevant Ministers in the abovementioned correspondence.

The final report is in development and will provide direction on what solutions can help to improve service reliability and boost infrastructure resilience in the face of natural disasters. In the meantime, Council has continued to raise these early findings with relevant government agencies and departments, as well as carriers Telstra and Optus.

Another key piece of advocacy currently underway is Council’s participation in the Connecting Victoria program – a $550 million program delivered through Department of Jobs, Precincts and Regions (DJPR) for new and upgraded telecommunications infrastructure (broadband and mobile).

An engagement process will identify priority locations, and the first locations to receive upgrades are expected to be announced late 2020. Council is participating in all relevant elements of the engagement process, which includes:

ITEM 7.1 (Cont’d)


• Online survey: open to the public until September 2020. Council has developed

communications to promote this to the community, with messaging that is sensitive to the fatigue and frustration our community is feeling due to extensive engagement on this issue while problems remain. Council is also looking to facilitate the delivery of offline surveys to people within our community experiencing poor connectivity;

• Place-based data gathering: Council will provide data on mobile blackspots and areas with slow broadband speeds, overlayed with social and economic data. This contributes to a state-wide baseline map of poor connectivity, produced by DJPR; and

• Roundtable discussion (online): to be held 9 September 2021 is a closed discussion

involving council representatives, local MPs and community members and leaders. Council provided DJPR with a list of suggested participants that represent a strong cross-section of communities in the Hills, Valley and Urban regions. This is an opportunity to relay the lived experiences of our communities, particularly the impacts on education and emergency preparedness and responses.

There is ongoing assessment of opportunities to advocate for better connectivity in the

region, including through identification of relevant grants, State-led and Commonwealth-led reviews of telecommunications services, and direct liaison with carriers and the NBN.

Environmental Impacts

In-depth analysis of the level of impact the natural environment has suffered is still

finalised. This requires detailed monitoring and access to areas not yet readily open. In many instances other agencies will take a lead role but Council will be providing key localised knowledge and responses in support.

The Special Storm Event Tree Branch Collection is a key component in Council’s

response to supporting community to remove the timber debris. The collection is working through its fourth week with 306 streets completed, equating to 21 truck loads of smaller scale debris being picked up. The mulch from this program is primarily being delivered to publicised mulch sites for community pick up. The program is working its way through the most impacted areas of the Urban zone followed by the Valley region and finally the Hills area to allow for the maximum time to prepare.

Social Impacts

There have been significant social impacts resulting from the 9 June 2021 storm event,

compounding the impact of the ongoing pandemic. The storm occurred at the end of the 4th metropolitan lockdown in Victoria, with two further lockdowns occurring since then. It is understood that many residents, particularly those residing in the hills, have been deeply traumatized by the storm and the subsequent significant disruption to services.

Following the storm event over 1500 residents were in contact with Council to access relief support or information or support following the impact of the storm. A number of activities are now underway to provide support to residents and communities.

A state-wide Storm and Flood Recovery Hotline has been established by BRV through which residents can register for the clean-up of structures on private properties or access a recovery support program. The recovery support program provides a range of services

ITEM 7.1 (Cont’d)


to residents based on their assessed needs once engaged by the program. Residents may be provided with short or longer-term case management and supported to engage with other specialist agencies. The organisation Windermere have been engaged to provide the state-wide initial intake into the program, while Anglicare and Oonah have been funded to provide the program locally in the Yarra Ranges.

Council has established two recovery hubs, at the sites of two of the main relief centres, Kalorama and Olinda. The decision was made to limit the number of services physically present at the same time due to the coronavirus risk but to be able to provide residents with phone or on-line connections with services. Attendance at the hubs has declined since residents had power restored.

A Recovery Hub Coordinator has recently been appointed who has been increasing the availability of services that could be reached through hubs. Initial public health advice was that the hubs could remain open once the current lock-down was announced but following the recent strengthening of restrictions the hubs are now closed for in-person appointments. Services that have been accessed at the hubs both in person and through on-line connections include BRV, the NBN and Red Cross. Anglicare have also been using the hubs to meet with clients. Services that were due to be available this week (Eastern Community Legal Centre, Insurance Council of Australia, Yarra Valley Water and Council Planning Officers) will be delivered online where possible.

The community led relief hub also continued to operate at Kalorama prior to the current lockdown, demonstrating the significant contribution that community can make to recovery.

As capacity increases within the Business and Community Recovery Department, and COVID restrictions allow, it is intended there will be community activation of the two Recovery Hubs with programs and activities delivered for and by the community.

Planning to provide a range of debriefing opportunities for communities is in progress. An initial storm debriefing webinar is planned for Saturday 21 August 2021 with further township specific events. A plan for further community engagement and meetings is also being created.

Four Council instigated Regional Community Recovery Committees (RCRCs) will be established later in 2021 which will develop community led plans to support recovery. A separate report will be brought to Council regarding the final governance arrangements required to establish these committees and to expand the remit of these committees to include all emergencies. These RCRCs will be able to make recommendations for the local allocation of funding previously committed by Council to alleviate the impact of the pandemic. The Business and Community Recovery Department will also seek to support the groups organically emerging within townships seeking to implement recovery activities and increase township emergency preparedness.

Economic Impacts

It is estimated that the businesses in the 10 suburbs most impacted lost almost $30 million

in revenue over the five weeks following the severe storm event on 9 June 2021. This compounds the impact experienced by those townships reliant on tourist spending which has also been disrupted by lockdowns.

Businesses reported the following impacts:

ITEM 7.1 (Cont’d)


• Business who were without power were unable to trade;

• Agricultural businesses who were without power for a sustained period of time, and businesses that depend on the availability of their produce, faced a number of challenges to replace lost and temporarily unavailable items;

• Small business where power was restored were reporting financial hardship with customers unable to access the area due to road closures and advice to stay away; and

• Impacts on businesses and tourism due to loss of trade over Queen’s Birthday weekend and loss of stock for food businesses. compounding impacts already present due to COVID.

Risk Assessment

Recovery strategic planning work will seek to identify and mitigate risks as they are identified. Key considerations are:

• The ongoing need for emergency preparedness;

• Continuing to engage with community, manage programs and projects in light of COVID risks; and

• Establishing clear roles and responsibilities and governance structures for multi-agency, internal Council programs and community recovery efforts.

CONCLUSION

The coming months will see Council working towards a Municipal Recovery Action Plan that acknowledges the complication of the combined COVID and Storm impacts. This document will be influenced and shared across the multiple agencies working on recovery and also with community members through the Community Recovery Committees.

ATTACHMENTS

There are no attachments to this report.

ITEM 7.2


CORPORATE SERVICES

No. of Pages – 3

7.2 Instrument of Delegation to the Chief Executive Officer

RESPONSIBLE OFFICER Director Corporate Services

SUMMARY

Section 11(1)(b) of the Local Government Act 2020 (the Act) provides for Council to delegate powers, duties and functions to the Chief Executive Officer. This enables the business of Council to be carried out efficiently and in line with approved policies.

The Act also requires Council to review the Instrument of Delegation to the Chief Executive Officer (the Instrument) within 12 months of each general election. This report enables Council to comply with its obligations under the Act.

The Instrument was last reviewed and approved by Council on 28 July 2020. It has now been updated in line with advice provided by Maddocks and, in this instance, does not recommend any significant changes.

RECOMMENDATION

In the exercise of the power conferred by section 11(1)(b) of the Local Government Act 2020 (the Act), Yarra Ranges Shire Council (Council) resolves that:

1. There be delegated to the person holding the position, or acting in or performing the duties, of Chief Executive Officer the powers, duties and functions set out in the attached Instrument of Delegation to the Chief Executive Officer, subject to the conditions and limitations specified in that Instrument.

2. The instrument comes into force immediately the common seal of Council is affixed to the instrument.

3. On the coming into force of the instrument all previous delegations to the Chief Executive Officer are revoked.

4. The duties and functions set out in the instrument must be performed, and the powers set out in the instruments must be executed, in accordance with any guidelines or policies of Council that it may from time to time adopt.



ITEM 7.2 (Cont’d)


PROPOSAL

Council to approve the updated Instrument of Delegation to the Chief Executive Officer.


The Instrument was last reviewed and approved by Council on 28 July 2020.

BACKGROUND

Council has wide-ranging responsibilities, and has been given many powers, duties and functions under different pieces of legislation. Section 11(1) of the Act provides for a Council to delegate powers, duties and functions to:

• the members of a delegated committee; or

• the Chief Executive Officer.

The delegation of powers, duties and functions is a standard practice across councils and is essential to enable day-to-day decisions to be made. It thereby ensures the operations of Council are enacted efficiently and effectively.

STRATEGIC LINKS

The delegation of Council powers, duties and functions to the Chief Executive Officer is an administrative exercise and is provided for by section 11(1)(b) of the Act.

CONSULTATION

There has been no public consultation undertaken in respect of the recommendations in this report.


The cost to prepare and adopt the Instrument of Delegation is minimal and will be met from within the current approved departmental budget.

KEY ISSUES

The delegation to the Chief Executive Officer is a broad, “by exception” delegation. This means that Council’s powers, duties and functions, under any legislation, are delegated by the Instrument except for those matters specifically identified as being a condition or limitation of the delegation.

When Council delegates a power, duty or function to a member of staff or to a committee (the delegate), the decision of the delegate is deemed to be a decision of Council.

ITEM 7.2 (Cont’d)


The Instrument included at Attachment 1 has been reviewed to ensure it remains consistent with current legislation and business practices.

Council should note that no change is proposed to the level of delegation provided to the Chief Executive Officer.

Once the Instrument has been sealed it will be published to Council’s website, in accordance with Council’s obligations under the Act and the Public Transparency Policy.

It should also be noted that section 47(1) of the Act provides that the Chief Executive Officer may, by instrument of delegation, delegate to a member of the Council staff or members of a community asset committee any power, duty or function of their office, except the power of delegation itself. The delegations made by the Chief Executive Officer will also be reviewed and updated as required.


There are no environmental impacts associated with the delegation of powers by Council.

Social Impacts

There are no social impacts associated with the delegation of powers by Council.

Economic Impacts

There are no economic impacts associated with the delegation of powers by Council.

Risk Assessment

The Instrument has been prepared in accordance with section 11 of the Act and is based

on the most recent advice provided by Maddocks.

CONCLUSION

It is important to ensure that Council’s Instruments of Delegation are kept up to date. This means that Council can continue to comply with its obligations and that the business of Council can be carried out efficiently and in line with both legislation and approved policies.

Accordingly, Council is therefore requested to approve the updated Instrument of Delegation to the Chief Executive Officer included at Attachment 1 to this report.

ATTACHMENTS

1 S5 - Delegation from Council to the Chief Executive Officer⇩

ITEM 7.2

ATTACHMENT 1. S5 - Delegation from Council to the Chief Executive Officer


ITEM 7.2 (Cont’d)



ITEM 7.3


No. of Pages – 3

7.3 Appointment of Authorised Officers under the Planning and Environment Act 1987


SUMMARY

This report provides for the formal appointment of Council Officers as Authorised Officers pursuant to Section 147(4) of the Planning and Environment Act 1987 and Section 313 of the Local Government Act 2020.

RECOMMENDATION

That Council

1. Formally appoint the officers referred to in the Instrument of Appointment and Authorisation included at Attachment 1 to the report as an Authorised Officer, pursuant to Section 147 (4) of the Planning and Environment Act 1987 and Section 313 of the Local Government Act 2020.

2. Request that the Instrument of Appointment and Authorisation be signed and sealed by the Chief Executive Officer.

3. Note that the Instrument of Appointment and Authorisation comes into force immediately the common seal of Council is affixed to the instrument, and remains in force until Council determines to vary or revoke it.



PROPOSAL

To appoint the officers referred to in the Instrument of Appointment and Authorisation as an Authorised Officer.


The Instrument of Appointment and Authorisation under the Planning and Environment Act 1987 (the Instrument) was last authorised by a resolution of Council on 23 June 2020.

ITEM 7.3 (Cont’d)


BACKGROUND

Instruments of Appointment and Authorisation empower relevant staff to exercise the powers granted to Authorised Officers by legislation or a local law.

The Instrument has been reviewed as a number of changes have been required due to staff turnover. The officers included in the Instrument have been identified in consultation with the relevant departments.

STRATEGIC LINKS

The appointment of Authorised Officers is an administrative exercise that is provided for in legislation.

CONSULTATION

Consultation has been undertaken with the Planning Department in the preparation of the revised Instrument in order to ensure that appropriate staff are appointed to exercise the powers granted to Authorised Officers by legislation or a local law.


There are no direct financial implications arising from the appointment of an Authorised Officer.

KEY ISSUES

The Instrument has been prepared for Council's consideration based on advice from the Maddocks Authorisations and Delegations Service. The Instrument:

• Appoints the officers named to be Authorised Officers for the purposes of the Planning and Environment Act 1987 and the regulations made under that Act; and

• Authorises the officers generally to institute proceedings for offences against the Acts and regulations.

It should be noted that section 147(4) of the Planning and Environment Act 1987 only

allows Council to appoint its employees as authorised officers. The Instrument therefore only seeks to appoint an "officer or employee" of Council as an authorised officer.

Maddocks recommend that the appointment of Authorised Officers under the Planning and Environment Act 1987 requires a formal resolution of Council. Where such authorisation is proposed to be granted, provision is also made to allow the respective officer to also initiate proceedings on behalf of Council (as provided in Section 313 of the Local Government Act 2020).


There are no direct environmental impacts associated with the appointment of an Authorised Officer.

ITEM 7.3 (Cont’d)


Social Impacts

There are no direct social impacts associated with the appointment of an Authorised Officer.

Economic Impacts

There are no direct economic impacts associated with the appointment of an Authorised

Officer.

Risk Assessment

The Instrument referred to within this report has been prepared based on current advice provided by Maddocks to ensure that Authorised Officers are properly appointed.

CONCLUSION

Council should formally appoint the officers listed in the Instrument as an Authorised Officer pursuant to Section 147 (4) of the Planning and Environment Act 1987 and Section 313 of the Local Government Act 2020. The Instrument will be signed and sealed by the Chief Executive Officer.

ATTACHMENTS

1 Instrument of Appointment and Authorisation (Planning and Environment Act 1987)⇩

ITEM 7.3

ATTACHMENT 1. Instrument of Appointment and Authorisation (Planning and Environment Act 1987)


ITEM 7.3 (Cont’d)



ITEM 7.4


No. of Pages – 5

7.4 Instrument of Sub-Delegation & Appointment and Authorisation under the Environment Protection Act 2017


SUMMARY

The Environment Protection Authority (EPA) has given councils the power to appoint authorised officers under the Environment Protection Act 2017 (the Act) and, once appointed, those officers can also be delegated some of the EPA’s powers.

To enable Council officers to execute powers, duties and functions in accordance with the updated legislation and the delegation from the EPA, both the Instrument of Appointment and Authorisation and the Instrument of Sub-Delegation included at Attachments 1 and 2 respectively are required to be adopted.

RECOMMENDATION

1. In the exercise of the power conferred by s 242(2) of the Environment

Protection Act 2017 and the Instrument of Delegation of the Environment Protection Authority under the Act dated 4 June 2021, Yarra Ranges Shire Council (Council) resolves that -

(a) The members of Council staff referred to in the instrument attached be appointed and authorised as set out in the instrument.

(b) The instrument comes into force immediately it is signed by Council’s Chief Executive Officer and remains in force until Council determines to vary or revoke it.

2. In the exercise of the power conferred by s 437(2) of the Environment Protection Act 2017 and the Instrument of Delegation of the Environment Protection Authority under the Act dated 4 June 2021, Yarra Ranges Shire Council (Council) resolves that -

(a) There be delegated to the members of Council staff holding, acting in or performing the duties of the offices or positions referred to in the attached Instrument of Delegation to members of Council staff, the powers, duties and functions set out in that instrument, subject to the conditions and limitations specified in that Instrument.

(b) The instrument comes into force immediately the common seal of Council is affixed to the instrument.

(c) The duties and functions set out in the instrument must be performed, and the powers set out in the instruments must be executed, in accordance with any guidelines or policies of Council that it may from time to time adopt.

ITEM 7.4 (Cont’d)




PROPOSAL

Council to adopt the Instrument of Appointment and Authorisation and the Instrument of Sub-Delegation, thereby enabling officers to execute powers, duties and functions in accordance with the Act.


Not applicable.

BACKGROUND

The Act is the key piece of environment protection legislation used by EPA and other public authorities to prevent and reduce harm from pollution and waste. The Act is supported by the Environment Protection Regulations 2021 (the Regulations).

Councils and litter authorities are joint regulators of the Act and Regulations. Under the environment protection legislation, councils can regulate and enforce:

• residential noise;

• noise from the construction, demolition and removal of residential premises (noise from residential construction); and

• on-site wastewater management systems (OWMS) with an actual or design flow rate

of equal to or less than 5,000 litres on any day.

Litter authorities, including councils, can regulate unlawful deposit of litter and other waste.

Using the new powers under the delegation from the EPA is not mandatory, however EPA recommends that all councils who have onsite wastewater management systems (including septic tanks) ≤ 5000 litres on any day in their municipal areas exercise the powers under delegation, so that:

• Council can appoint authorised officers under section 242(2) of the new Act, giving them powers of entry and inspection;

• Council authorised officers can issue and enforce the notice ordering maintenance of

onsite wastewater management systems (as well as improvement notices and prohibition notices), all of which can only be issued by an authorised officer; and

• Council authorised officers can issue an infringement notice for breach of a prescribed permit condition.

ITEM 7.4 (Cont’d)


For regulating noise from residential construction, the delegation provides one of a number

of pathways that Council can choose: use of improvement notices and prohibition notices under the new Act, the Public Health and Wellbeing Act and local laws (if applicable).

If councils choose not to use the delegated powers, EPA will continue to refer any pollution reports about residential construction noise to local government, as they do now. The new Act does not give EPA Officers powers around residential noise or residential construction noise.

To enable officers to execute powers, duties and functions in accordance with both the Act and the Regulations, Council is required to adopt the Instrument of Appointment and Authorisation and the Instrument of Sub-Delegation included at Attachments 1 and 2 to this report.

Both the Instrument of Appointment and Authorisation and the Instrument of Sub-Delegation are new Instruments introduced as a result of legislative changes to the Environment Protection Act 2017 which commenced on 1 July 2021.

STRATEGIC LINKS

The appointment of authorised officers and sub-delegation of powers delegated from the EPA directly supports the 2017-21 Council Plan objective of Connected and Healthy Communities.

CONSULTATION

No community consultation has been held or is proposed in relation to this matter.


There are no financial implications arising from the recommendations in this report.

KEY ISSUES

Appointment of Authorised Officers

The EPA has given councils the power to appoint authorised officers under the Act and,

once appointed, those officers can also be delegated some of the EPA’s powers. Those Officers are only authorised to exercise the powers as set out under the EPA’s Instrument of Direction.

In appointing authorised officers under the Act, Council should note:

• Under section 242(2) of the Act, Council officers must initially be appointed and authorised directly by Council, in order that they may execute relevant powers.

• Council’s power of appointment may be delegated to the Chief Executive Officer in future, who can then sub-delegate the power to members of Council staff. This is on the basis that section 437(2) of the Act is to be interpreted as meaning Council only

ITEM 7.4 (Cont’d)


needs to have been delegated a power or function under section 437(1) in order to appoint an authorised officer.

• Contractors cannot be appointed as authorised officers for any purpose of the

delegation, as the Act only allows Council to appoint an officer or employee as an authorised officer. Council should note that it may be possible for contractors to carry out some duties related to the regulation of OWMS less than 5,000 litres and noise from residential construction, for example, administration or desktop assessments.

• Section 254 of the Act includes a new requirement for authorised officers appointed under section 242(2) to issue an entry report to the occupier or apparent occupier when they use a power of entry or inspection.

Sub-Delegation of powers

The EPA’s powers relating to enforcement have been delegated to Council who, in turn,

should delegate these to Council officers.

Under the attached Instrument of Sub-Delegation, Council authorised officers appointed under section 242(2) of the Act have various powers under the Act, which include:

• To issue and amend an improvement notice (section 271 of the Act) in order to

require a person to take action to remedy a situation that has or is likely to cause harm to human health or the environment from pollution or waste;

• To issue and amend a prohibition notice (section 272 of the Act) to prohibit a person from engaging or proposing to engage in an activity that has caused or is likely to cause harm to human health or the environment from pollution or waste;

• Powers of entry and inspection; and

• Issue an infringement notice for breach of obligations under the Act.

Council is required to report annually on their use of the delegation to the EPA, the format

of which to be developed by the EPA and will be required no earlier than 1 July 2022.


The appointment of authorised officers and subsequent delegation to enable them to execute powers under the Act supports the protection of our local environment by ensuring that the intentions of the Act to prevent and reduce harm from pollution and waste are carried out.

Social Impacts

The appointment of authorised officers and delegation of powers and under the Act

provides the community with assurance that Council executes its decision-making processes in line with legislative requirements.

Economic Impacts

There are no known economic impacts arising directly from the recommendations in this

report.

ITEM 7.4 (Cont’d)


Risk Assessment

The Instruments attached to this report are based on templates provided by the Maddocks Delegations and Authorisations Service. The use of these documents ensures Council has compliant appointments, authorisations and delegations to relevant Council staff in place that meet the requirements of the Act.

CONCLUSION

Although it is not mandatory, Council is recommended to approve both the Instrument of

Appointment and Authorisation and the Instrument of Sub-Delegation in order to enable Council officers to execute powers, duties and functions in accordance with the updated legislation and the delegation from the EPA.

ATTACHMENTS

1 S11B - Instrument of Appointment and Authorisation under the Environment Protection Act 2017 [August 2021]⇩

2 S18 - Instrument of Sub-delegation under the Environment Protection Act 2017

[August 2021]⇩

ITEM 7.4

ATTACHMENT 1. S11B - Instrument of Appointment and Authorisation under the Environment Protection Act 2017 [August 2021]


ITEM 7.4 (Cont’d)

ATTACHMENT 1. S11B - Instrument of Appointment and Authorisation under the Environment Protection Act 2017 [August 2021]


ITEM 7.4

ATTACHMENT 2. S18 - Instrument of Sub-delegation under the Environment Protection Act 2017 [August 2021]


ITEM 7.4 (Cont’d)



ITEM 7.5


COMMUNITIES

No. of Pages – 11

7.5 Transition of Aged & Disability Services

RESPONSIBLE OFFICER Director Communities

SUMMARY

The Australian Government (Federal) is part way through reforming the aged care system, with significant reform of the disability sector having already taken place.

These reforms have impacted, and will continue to impact, the services provided by Yarra Ranges Council that are funded through the Federal Government’s ‘Commonwealth Home Support Program’ (CHSP) and the Victorian (State) Government’s ‘Home & Community Care Program for Younger People’ (HACCPYP).

Assessment of the changing aged care landscape has identified that it is neither necessary nor likely to be viable for Council to continue to deliver some Federal and State Government funded services as a consequence of the further reforms that will occur in response to the Royal Commission into Aged Care Quality and Safety.

Following consideration of multiple options and consultation with staff it is proposed that Council cease to deliver Federal and State Government funded in-home care and property services (domestic assistance, personal care, respite care, social support individual, home modifications and property maintenance) and seek to continue receiving Federal and State Government funding for the provision of social support, transport and meals.

It is also proposed that Council establish an aged care system information and navigation function; and further invest in other areas/domains of its Healthy and Active Ageing Plan (2019-2023) to support the overall health and wellbeing of all ageing and older Yarra Ranges residents.

It is proposed that Council formally notify the Federal and State Government of this intention. It is anticipated that the relevant Federal and State Government departments will identify alternative providers for these services with the transition of HACCPYP expected to occur in 2021/22 and CHSP following the end of the current contract (June 2022).

Council will work in partnership with both Federal and State Governments to ensure all clients are kept informed and supported through the transition to a new service provider.

RECOMMENDATION

That Council

1. Authorises relevant officers to:

ITEM 7.5 (Cont’d)


(a) Formally notify the Federal Government of:

(i) Council’s intention to not extend Council’s contract and cease delivery of some CHSP services (Domestic Assistance, Personal Care, Respite Care, Social Support Individual, Home Modifications and Property Maintenance) beyond June 2022.

(ii) Council’s preference to extend Council’s contract and continue delivery of the following CHSP services (Social Support Group, Transport, Meals, Volunteer Coordination and Sector Support and Development).

(b) Formally notify the State Government of:

(i) Council’s intention to end its current contract and cease delivery of some HACCPYP services (Assessment, Domestic Assistance, Personal Care, Respite Care and Property Maintenance).

(ii) Council’s preference to continue delivery of HACCPYP services that align with Council’s future operating model (Social Support Group, Volunteer Coordination, Flexible Service Response (Transport), and Meals).

2. Develop a communication and transition plan to ensure clients and staff receive regular information and can provide feedback about the transition.

3. Develop an ‘information and navigation’ resource to support client transition to the new providers of CHSP and HACCPYP services and to provide information to the broader Yarra Ranges community about the age care system.

4. Review the services that Council intends to continue delivery of, to ensure that these are meeting the needs of clients and the community.



PROPOSAL

It is proposed that, as a consequence of the Federal Government’s ongoing aged care reform program, that Yarra Ranges Council work with the Federal and State Governments to transition some services currently delivered by Council to alternative providers, undertake reviews to optimise services that Council will seek to continue delivery of, establish an information and navigation function, and strengthen activity to support healthy and active ageing.

ITEM 7.5 (Cont’d)



A confidential meeting of Council on 11 August 2020 endorsed the recommendation that officers obtain and consider feedback from staff regarding recommendations to transition delivery of some CHSP services to sustainable, appropriate providers (Domestic Assistance, Personal Care, Respite Care, Social Support Individual, Home Modifications and Property Maintenance); and continue to deliver CHSP services and programs that maintain or increase healthy active ageing and are likely to remain block-funded (Social Support Group, Volunteer Coordination, Transport and Delivered Meals).

At a Council meeting on 8 December 2020 Councillors resolved to reconsider recommendations to transition out of Federal and State Government funded in-home care and property maintenance/modification services once the final report from the Royal Commission into Aged Care Quality and Safety was published, to commence preparatory work for a potential transition following a further decision by Council and to commence a review of the social support services that it is recommended that Council continue to provide.

BACKGROUND

Significant reform of both the aged and disability sectors has led to significant change for Council and will have further implications in a new aged care system. Reform of the aged care system began in 2012 and was reinforced in 2017 with the publication of the Aged Care Roadmap. The clear reform objective of the Aged Care Roadmap was to create a simplified, national, integrated aged care system that provides older Australians with quality, choice, control and easier access to a full range of services.

These reforms led to the dissolution of the Home and Community Care (HACC) program that had operated in Victoria and represented a partnership approach between the three tiers of government. In 2016, the Federal Government assumed responsibility for commissioning aged care services by establishing the Commonwealth Home Support Program (CHSP) to provide entry level services for people over 65 years pending further system reform.

The State Government assumed responsibility for people 64 years and under and funded Council to deliver the HACCPYP. The funding for, and reach of, HACCPYP services provided by Council to residents aged under 65 was greatly reduced following the implementation of the National Disability Insurance Scheme (NDIS) across Outer East Melbourne in 2017.

Further implementation of the of the Aged Care Roadmap was effectively paused when the Federal Government established the Royal Commission into Aged Care Quality and Safety (Royal Commission). The final report of the Royal Commission was tabled in Parliament and became publicly available in March 2021 with the Federal Government publishing a full response on the 11 May 2021.

The recommendations are significant and represent systemic change to the financing, governance, regulation, monitoring and future design of aged care. Summarising the extent of the proposed change is beyond the scope of this report.

ITEM 7.5 (Cont’d)


However, a fundamental principle of the new system is a rights-based, person centred model that provides ‘choice and control’ to older Australians. This will result in a regulated competitive market for the provision of some services.

Of further significance within the recommendations is that the Commonwealth Home Support Programme, Home Care Packages Program and Residential Aged Care be replaced by a simplified integrated aged care program which the Federal Government intends to implement from July 2023. This program will include a number of funded support streams as set out in Table 1 below.

Table 1. Proposed Support Streams Proposed funding model

Social Supports including social support, meals and transport Grant funded

Assistive technology and home modifications

including short term enabling plans, home modifications and assistive technology

Grant funded

Respite Supports including at home, in the community and in facilities

Grant funded

Care at home including care management, living supports (domestic assistance and home maintenance) and personal, clinical and therapeutic care, and end-of-life and palliative care

Personalised budget

Other key recommendations include:

• The establishment of a new Aged Care Act, Aged Care Commission, Aged Care Pricing Authority and an office of the Inspector-General for Aged Care;

• Increased regulation, safety and quality accountability;

• Increased regulation and supervision of skilled workforce;

• Increase in complex/clinical in-home care and reduced need for permanent residential care;

• A single integrated comprehensive assessment service;

• ‘Care Finders’ to provide assistance on a local, face-to-face basis, to people seeking or receiving aged care services and support with the assessment process;

• ‘Care Management’ to be scaled to match the complexity of the older person’s needs and should be provided in a manner that respects any wishes of the person to be involved in the management of their care;

• aligning aged care regions based on Primary Health Network regions so that aged care planning is aligned with primary health care and hospital planning; and

ITEM 7.5 (Cont’d)


• improved remuneration for aged care workers.

The recommendations in this Council report have been informed by consideration of the Royal Commission recommendations and Federal Government’s response, learnings from the previous transition when the National Disability Insurance Scheme was introduced and consultation with independent sector experts.

Assessment has indicated that Council will neither be able to, nor will it be necessary, to effectively deliver any aspect of the new funding categories other than those in the Social Support category (social support, meals and transport).

Previous assessment of the options available to Council had led officers to recommend that Council transition out of some services by initially sub-contracting the identified services. The Federal Government’s time-line for introducing the new aged care system means this option is no longer considered viable; leading to the new recommendation to cease providing some services in 2021/22 and to work with the Federal and State Government to transition these services to new providers.

Table 2 below sets out the services that Council will work with Federal and State Government to transition to other providers, those that Council will seek to continue or grow and a new function that Council will commence.

Table 2: Summary of intended changes to Council’s service mix

Service Type Recommendation

Domestic Assistance, Personal Care, Respite Care and Property Maintenance.

Council will transition these services to other providers in partnership with the Victorian and Federal Government.

Social Support Individual and Home Modifications

Council will transition these services to other providers in partnership with the Federal Government.

Social Support Group,

Meals & Transport

Council will negotiate with the Victoria and Federal Government

to continue as a provider

Healthy & Active

Ageing Programs

Council will continue to deliver a range of Healthy & Active

Ageing activities and re-invest savings into this program

Information & Navigation

Council will develop this function to support client transition and provide information to the broader community about the aged care system

ITEM 7.5 (Cont’d)


It is proposed that these changes be implemented as follows.

Home & Community Care Program for Younger People

Council will formally notify the State Government Department of Families, Fairness and Housing that it no longer wishes to deliver the HACCPYP services outlined in Table 2 above but wishes to continue to receive funding to continue delivery of some services as identified in Table 2.

Commonwealth Home Support Programme

Council will formally notify the Federal Government Department of Health that it wishes to cease being a provider of the CHSP services outlined in Table 2 and will not seek to extend its current contract to deliver these services beyond June 2022, which is the expiry date of the current contract. Council will seek to extend its contract beyond 2022 to deliver the remaining services identified in Table 2.

Regional Assessment Service

Council is currently funded to deliver the Regional Assessment Service through a contract with the State Government (who are contracted by the Federal Government). It should also be noted that the Federal Government has announced that this service will be replaced through the introduction of an integrated assessment model in 2022-23. Council currently intends to continue to provide this service whilst external funding meets all of Council’s costs to deliver the service.

STRATEGIC LINKS

In 2016 Yarra Ranges Council became a co-signatory to the Victorian Government and Municipal Association of Victoria declaration to create age-friendly communities that ‘encourage active ageing and optimise opportunities for good health, social and economic participation and personal security’.

The draft Yarra Ranges Council Plan for 2021-2025 includes the following objective to implement Council’s Healthy and Active Ageing Plan to increase the age and dementia friendliness of the municipality and improve social connection. Council plans to achieve this objective by consulting with age care providers and older residents to inform activity, build social connection, challenge ageism, increase age friendly accommodation, improve dementia awareness, and deliver activities that will increase the overall health and wellbeing of older residents.

CONSULTATION

Broader community consultation regarding this issue has not been undertaken by Council.

It is important to note that the driver for Council to consider this change is the aged care reform environment which is being driven by the Federal Government. Council has little ability to influence this external environment. This reform direction is strongly informed by the findings of the Royal Commission into Aged Care Quality and Safety which were informed by significant Australia wide public consultation and hearings.

ITEM 7.5 (Cont’d)


It is important to note that no services are being withdrawn from the community but that the service provider will change.

All clients who could be impacted by these changes have been informed that Council is likely to implement this change and that services will be provided by one or more alternative providers. Clients have had the opportunity to seek further information and provide feedback. Some clients have sought confirmation that they would continue to receive services, which is accurate. There has been minimal feedback requesting that Council not endorse this recommendation and continue as a provider in a future aged care system.

In line with Yarra Ranges Council’s Community Engagement Policy (2021) we will continue to keep clients informed about this change and how this will be implemented.


Council’s operational contribution to delivering Aged and Disability Services is approximately $1.2 million per year. This contribution is in addition to the income gained from client fees and the funding received from Federal and State Government. There would be significant cost for Council to continue as a service provider under the planned future model. For example, Council would need to invest in significant marketing and promotion and may not receive enough work to pay the minimum hours guaranteed to staff.

There will be resource implications for Council during the transition period to support impacted staff to explore future employment options and to meet any unavoidable redundancy costs.

There will also be an increased cost to Council to fund the navigation and information support role for the community (which may then become externally funded).

An early priority during the transition period will be to review the services that Council will continue to provide to ensure they are contemporary and efficient. Following this project Council will detail how future savings will be re-invested to support further healthy and active ageing priorities.

KEY ISSUES

The aged care environment Council is operating in will continue to be significantly reformed. There is now an urgent need for Council to decide what its future role should be.

Council has a long history in the provision of services funded by the Federal and State Governments for older residents, making this a challenging and emotional issue for Council to consider. It is clear however that the current aged care system needs to be reformed and aspects of these reforms will make it very difficult for Council to be a sustainable provider of some services in the future and other providers are better positioned to provide the supports older residents require as their needs change.

The following key issues are most relevant for this recommendation.

The establishment of a competitive multi-provider market for some services

ITEM 7.5 (Cont’d)


The Commonwealth Home Support Programme will cease to exist and will be replaced by an integrated aged care program with client ‘choice and control’ as a central principle of the future system. Individuals will have the right to choose between multiple approved providers and to have significant influence over the services they receive. The intention of the reform is that residents of Yarra Ranges will have access to a range of providers who will continue to be better positioned to meet their changing needs.

Once the new aged care system is implemented, Council, if still eligible to be a provider, would no longer receive funding in advance to provide services, but would be paid in arrears for services delivered. This aspect of Council service delivery would need to be transformed into a competitive business. This questions the need for Council to remain as a service provider when Council will be in competition with other providers delivering services across the Yarra Ranges at significant financial risk to Council.

Council has a responsibility to deliver best value to the community. Assessment has shown that the cost for Council to deliver these services is significantly higher than non-council providers. Council would operate at significant financial risk to provide services that many other providers are already delivering across Yarra Ranges.

It is important to recognise that this recommendation will not result in any loss of service to current clients but will see the funding currently received by Council provided to alternative providers to deliver these services.

Reducing capacity to deliver services internally

The Aged and Disability Services delivered by Council, funded by Federal and State Government, have predominantly been delivered by a Council employed workforce of home carers. Council previously chose to not replace home carers as they have left Council due to the ongoing reform uncertainty and likelihood that Council would cease to be a provider of in-home services. The number of home carers now available internally to Council means that an increasing amount of work is outsourced to external agencies. There is also a sector wide shortage of staff available to deliver in-home care services with agencies reporting difficulty in sourcing staff to deliver domestic assistance.

Learnings from the NDIS Transition

The NDIS was introduced across the Outer East from July 2017. In a similar context to this current decision regarding aged care, Council decided not to become an NDIS provider due to a lack of capability to operate in a regulated competitive NDIS market which required the transition of almost 300 NDIS eligible clients to other providers.

Council had no authority and/or control over this process, and it is reported that a small number of clients experienced challenges in finding alternative providers. There is a risk that a similar situation could occur if Council does not act to transition clients to alternative aged-care providers ahead of the future reforms being introduced. As it is likely that Council would be transitioning approximately 1200 clients to other providers this risk is increased with the current situation.

Council can avoid this risk by acting ahead of the published reform date (July 2023) and transitioning current clients receiving services from Council staff to alternative providers intending to continue in the reformed system.

ITEM 7.5 (Cont’d)


Council also has the opportunity to provide support to transitioning clients, before and after, by establishing an information and navigation function. This support would also be available to provide advice for residents who are not currently receiving Council services. Other councils have implemented similar functions with positive feedback. The need for this type of support is recognised by the Royal Commission which recommended the establishment of a Care Finder function. The establishment of Care Finders is supported by the Federal Government and will occur in 2022/23. Council has the opportunity to invest in a Care Finder type function before this occurs in order to support client transition which may then attract Federal Government funding. Council will review the ongoing need to provide an information and navigation role once Care Finders are established and operating across Yarra Ranges (if not Council provided).

Promoting healthy and active ageing

Council currently delivers a range of activities that seek to benefit all older residents, such as supporting volunteering opportunities, addressing ageism, increasing dementia awareness and promoting opportunities for social participation. Other priorities include increasing the availability of suitable accommodation to enable more residents to age in place and health promotion activity to reduce preventable accidents for older residents and healthy ageing initiatives.

The direct care services Council currently provide reach approximately 1650 clients which is 5.9% of the estimated population of Yarra Ranges aged over 65 on a monthly basis. Reducing Council’s service delivery footprint will increase the ability of officers to focus more attention and re-invest resources into healthy ageing initiatives that can support all older and ageing residents.

Benchmarking

An increasing number of other councils have made decisions regarding their future in aged care services, with the following councils all having supported recommendations to either fully or partly transition out of the provision of CHSP: Banyule, Brimbank, Bass Coast, Campaspe, South Gippsland, Hobson’s Bay, Horsham, Indigo Shire, Knox, Maribyrnong, Melbourne, Mornington Peninsula, Murrindindi, Nillumbik, Surf Coast and Wyndham. These councils have opted for a variety of different transition methods, with some ceasing service delivery at specified dates, while some others have not specified a transition method.

A smaller number of councils have opted to transform their operations to become sustainable in the future system. Recent consultation with one of these councils indicated that this was only considered possible because they were already a Home Care Package provider.

Impact on staff

The implementation of these recommendations will have an impact on two of Council’s Aged and Disability staff teams: Home Carers (who deliver in-home care services) and the Operations Team who support and enable the home carers through providing leadership and rostering clients, and who liaise with external property maintenance/home modification providers. It is estimated that this recommendation could impact 30-35 individuals, the majority of whom are women. The work of these teams is recognised and acknowledged, and Council will provide appropriate support over the transition period to

ITEM 7.5 (Cont’d)


impacted staff. This will include the provision of redundancy payments for any staff who cannot be redeployed.


There are no identified environmental impacts.

Social Impacts

There are likely to be significant positive social impacts from Council continuing to develop healthy and active ageing activities. It is likely that there would be improvements in a range of preventable health issues and improved opportunities for community participation and social connection.

There will be an increased range of service providers better positioned across Yarra Ranges to respond to the reforms.

Economic Impacts

Investment in building age-friendly communities, particularly through addressing ageism,

will result in improved economic benefits for older residents.

Risk Assessment

Two key risks have been identified regarding these recommendations.

Risk 1: Lack of provider availability

Multiple other councils have now successfully transitioned Federal and State Government funded programs to non-council service providers. It is assessed that there is a low risk of the Federal and State Governments not being able to identify suitable other providers in Yarra Ranges better positioned to deliver services to older residents as their needs change and become more complex.

It is acknowledged that there have been a lower number of providers able to deliver services in the Yarra Valley when compared with other areas in Yarra Ranges. This recommendation will better position Council to monitor sector issues by establishing the information and navigation resource and working in partnership with local service providers to strengthen the aged care sector for all older residents in Yarra Ranges. Ensuring access to services for all who need them regardless of location is a further intention of the reforms.

There is a risk that, if Council were to extend the current Commonwealth Home Support Program contract until the expected end date of June 2023, for the services identified as unviable for the future, then there would be a greater risk of provider scarcity at the point of a later transition when more councils are doing the same. Council should act now to avoid that risk.

Risk 2: Lack of redeployment options for staff

There is a risk that there will not be redeployment options across Council for all staff impacted by these changes. However, it is likely that many will be able to find work with alternative providers of aged and disability services. Council will consult with all impacted

ITEM 7.5 (Cont’d)


staff early in the transition period to identify individual preferences and enable Council to advise and support accordingly.

CONCLUSION

Since the introduction of the aged care reforms the Federal Government has taken responsibility for the national commissioning of aged care services and will continue to transform the system to increase provider availability. It is clear that these reforms will replace the main program through which Council is currently funded, with a system intended to create provider choice for some services.

Analysis has indicated that the best option for clients, community and Council is to work with the Federal and State Governments to transition direct delivery of in-home care services (domestic assistance, respite care, personal care and social support individual), property and home modification services to appropriate external providers.

It should be noted that Council will seek to continue providing Community Enhancement Programs (social support group, meals and transport) and will increase activity through the Healthy & Active Ageing Plan (2019-2023). Council will also develop a new information and navigation resource to assist with client transition and provide a new local resource to the community.

This transition will enable Council to both secure ongoing sustainable service provision of entry level services for the community and increase Council’s focus on providing healthy and active ageing services for a greater proportion of the ageing community.

ATTACHMENTS

There are no attachments to this report.

ITEM 7.6


ENVIRONMENT AND INFRASTRUCTURE

No. of Pages – 12

7.6 Menzies Road, Menzies Creek Intention to Levy a Special Charge

RESPONSIBLE OFFICER Director Environment & Infrastructure

SUMMARY

As part of its 2019 budgetary process, the Federal Government announced a nine-year, $150 Million funding initiative for Yarra Ranges Council to seal roads within the Dandenong Ranges and surrounding areas. This funding program has been named the Roads for the Community Initiative.

At its meeting on 24 September 2019 Council endorsed a list of roads to be constructed using this funding to be facilitated by means of Special Charge Schemes. Menzies Road, Menzies Creek was included on this list of roads.

This report recommends affected landowners be notified of Council’s Intent to Levy a Special Charge for the construction of Menzies Road, Menzies Creek.

RECOMMENDATION

That

1. The affected landowners be advised of Council’s intent to declare a special charge (“the special charge”) at its meeting scheduled for 26 October 2021, or should this meeting not proceed then the next available Council meeting, for the purpose of defraying expenses associated with proposed improvement works in Menzies Road, Menzies Creek.

2. In accordance with Section 163 (3) of the Local Government Act 1989 Council specifies that the special charge

(a) Is proposed to be declared for the land in the “designated area” shown on the attached plan.

(b) Will be payable in respect of all rateable land within the designated area.

(c) Will be assessed and levied as set out in this resolution.

(d) Will remain in force for the period commencing on 1 July 2022 and concluding on 30 June 2032.

3. In accordance with Section 221 of the Local Government Act 1989 the special charge is also proposed to be declared in respect of land within the designated area which is not rateable land and is not Crown land.

4. It is recorded that assessment of the special charge is calculated on the

ITEM 7.6 (Cont’d)


following basis:

(a) $7,000 per development unit.

(b) Plus financing cost of 3% per annum.

(c) 100% on a development unit basis as follows.

(i) Special benefit where a dwelling or building is permitted.

(ii) The degree of special benefit having regard to the use or future use of the land.

5. The amount assessed, based on the assessment factors, is set out in the attached schedule of costs per property for the scheme.

6. If works do not commence within 12 months of declaration of the special charge scheme the financing cost rate applicable to landowners repaying the special charge over 10 years be reviewed, based on number of assessments involved, interest rate movements and the quantum of the project.

7. Should the financing cost rate change after review, a further report be submitted to Council at the time of commencing works to confirm the financing cost rate that shall apply to the proposed special charge, and those persons liable to pay the special charge over a 10 year period be notified of the revised financing rate.

8. In accordance with section 167 (4) of the Local Government Act 1989, landowners be offered an option to repay their charge as a lump sum payment. For landowners to undertake this option, full payment is to be made by 15 February 2023, and the proportion of the cost to finance this scheme attributable to the property is to be deducted from the total charge.

9. Subject to any variation of the scheme under Section 166 of the Local Government Act 1989, the amount to be levied under the scheme exclusive of interest payable under Section 172 of the Local Government Act 1989 will be

(a) In total $495,075 (“the amount to be paid”); comprising of $430,500 for the cost of works and $64,575 for financing cost.

(b) On each date specified under Section 167 of the Local Government Act 1989 as being the date on which the whole of rates and charges (other than special rates and charges) is due (“the due date”) the amount represented by the formula: X/Y where X represents the amount to be paid and Y represents the number of due dates during the period which the scheme will remain in force.

10. The Chief Executive Officer be authorised to give public notice of the intent to declare the special charge in accordance with Section 163 (1A) and 223 of the Local Government Act 1989 in The Star Mail newspapers and on Council’s Internet Website.

11. If required a consultation meeting comprising the Mayor and/or Deputy Mayor

ITEM 7.6 (Cont’d)


and/or Ward Councillor, be arranged to discuss any submissions received relating to this Special Charge.

12. If submissions are made

(a) Those submissions be considered, and any person (or their representative as specified in their submission) who has requested to be heard in support of his or her submission be heard, by a meeting of Council scheduled for 26 October 2021, or should this meeting not proceed then the next available meeting.

(b) Those persons making submissions be advised copies of their submissions will be made available at the Council meeting held when their submission is considered.

13. If no submissions are made, the matter be reported to Council at the meeting scheduled for 26 October 2021, or should this meeting not proceed then the next available meeting.

14. The Chief Executive Officer be authorised and directed to seek payment of and recover the special charge with any interest thereof.



PROPOSAL

It is proposed to notify affected landowners of Council’s intent to levy a special charge for the construction of Menzies Road, Menzies Creek.

The proposed improvements works will provide the following benefits to involved landowners:

• Continued and safer vehicular access to and from properties abutting or gaining primary access via Menzies Road, Menzies Creek;

• Improved stormwater drainage runoff control directed towards the road from abutting properties and protection of low side properties from stormwater runoff from the road;

• Enhanced physical and environmental amenity for abutting properties; and

• Special benefit to landowners of properties, within the designated area of the scheme, abutting or gaining primary access via the proposed works.

ITEM 7.6 (Cont’d)



At its meeting on 24 September 2019, Council considered a report regarding the Federal Government Road Construction Funding Initiative and adopted recommendations including:

1. Council endorse the roads listed in Attachment 1 (of that report) for construction utilising the Federal Government funding initiative; and

2. Landowner contributions to road construction projects funded by the Federal Government funding initiative be fixed at $7,000 per development unit.

This report has been published on Council’s website and is available by searching the Agenda for the 24 September 2019 Ordinary Meeting:

https://www.yarraranges.vic.gov.au/Council/Council-meetings/Minutes-and-agendas?dlv_OC%20CL%20Public%20Meetings=%28pageindex=4%29

BACKGROUND

Menzies Road, Menzies Creek is a local road approximately 1070 metres in length, connecting abutting properties to Belgrave-Gembrook Road and School Road.

At its meeting on 24 September 2019 Council considered a report on funding, to be allocated by the Federal Government, for sealing roads within the Dandenong Ranges and surrounding areas.

Council endorsed a list of roads to be constructed using this funding, to be facilitated by means of Special Charge Schemes. Menzies Road, Menzies Creek was included on the endorsed list of roads.

Council resolved that Landowner contributions to road construction projects funded by the Federal Government funding initiative be fixed at $7,000 per development unit.

In accordance with Council’s Special Charge Scheme Policy, landowner support has been sought and obtained for construction of the road. The project has been listed in Council’s 2020/21 - 2022/23 Capital Expenditure Program.

The design is complete, and the project is ready to proceed to the statutory phase.

The severe storm event of 9 and 10 June 2021 may have negatively impacted some landowners involved in this project. Should the proposed Special Charge Scheme proceed, repayment of the special charge would not commence until the 2022/23 financial year.

Those landowners who may be experiencing financial hardship will be informed that they may apply for assistance in accordance with Council’s Rate Recovery and Financial Hardship Policy.



ITEM 7.6 (Cont’d)


STRATEGIC LINKS

The construction of local roads as a Special Charge Scheme meets the Council Plan 2017-2021 strategic objective of Quality Infrastructure and Liveable Places. Local road construction also has benefits related to the strategic objective of a Vibrant Economy, Agriculture and Tourism.

The Federal Government funding commitment of $150 million over 10 years will have a transformational impact on unmade roads throughout the Dandenong’s and urban growth areas of the municipality.

The key principles of the program are to construct unmade roads:

• Servicing schools, community facilities and sporting facilities;

• Within the urban growth boundary and township areas within Yarra Ranges;

• That significantly support bushfire risk and emergency situations to allow the

community to safely exit areas of high risk;

• That support the growth and development of tourism across the municipality; and

• Where sections of high-volume rural roads intersect with collector/arterial roads.

In considering a strategic approach for future construction of unsealed roads, prioritisation and level of Council contribution required for Special Charge Scheme road construction under current policy, the proposed construction of Menzies Road, Menzies Creek offers benefits, as the road is predominately urban in character, intersects with Belgrave-Gembrook Road and would complete an existing sealed road network.

Council’s Special Rate and Charge Policy for Infrastructure Improvements sets out in detail the procedures for managing Special Charge Schemes.

CONSULTATION

In March 2020 landowners along Menzies Road, Menzies Creek were surveyed to determine the level of support for a landowner funded Special Charge Scheme to construct the road. Results were as follows.

• 47 (77%) of landowners responded to the survey.

Of those landowners who responded to the survey:

• 42 (89%) supported the proposed Special Charge Scheme;

• 4 (9%) opposed the proposed Special Charge Scheme; and

• 1 (2%) was undecided.

Landowners were advised that sufficient landowner support for the proposed Special Charge Scheme had been identified and design would commence with preliminary layout plans being made available for inspection and comment.

ITEM 7.6 (Cont’d)


Due to Covid-19 implications, a traditional public meeting for the landowners along Menzies Road, Menzies Creek was not considered prudent. As an alternative, a letter was mailed to landowners inviting them to view an on-line briefing presentation detailing the standard of works and the statutory processes required to implement a Special Charge Scheme. The briefing presentation has been available for viewing on Council’s website.

Those landowners unable to access the internet were advised that a copy of the presentation and functional design plans could be mailed to them on request.

Further to the online landowner briefing, a drop-in session was organised at the Menzies Creek Hall on Tuesday 17th of August 2021. Due to COVID-19 restrictions this drop in session was cancelled. Landowners were subsequently informed that any questions regarding the project could be discussed either over the phone or at an onsite meeting with Council officers, subject to COVID-19 restrictions easing.


Based on preliminary estimates for road improvements to Menzies Road, Menzies Creek an amount of $1,182,000 has been allocated in Council’s 2020/21 to 2022/23 Capital Expenditure Budgets.

Following detailed design for the project the estimated cost of works has been determined as $1,406,000. The increase to budget estimate is associated with an increase in road construction costs including kerb and channel and underground drainage. A footpath and associated pram crossings, traffic splitter island at the School Road intersection and works abutting the Council Reserve and CFA at the western end of Menzies Road have been added to the project.

Additional Council funding for these works will be sourced from the Federal Government Roads for the Community Program, if required after the Tender Process. At its meeting on 24 September 2019 Council resolved that Landowner contributions to road construction projects funded by the Federal Government funding initiative be fixed at $7,000 per development unit.

The landowner contribution to the project will be fixed at $430,500 (subject to the outcome of any submissions to the Special Charge Scheme).

As listed in Attachment 4 - Schedule of Costs per Property, this results in a subsidy for landowners of $488,846 over and above Council’s normal 20% contribution towards Special Charge Scheme projects, equating to a landowner saving per development unit of $7,949.

Through the process of tendering, delivering and finally costing the overall project, any savings would first be directed towards this subsidy prior to proportionately sharing with landowners as described in Council’s Special Charge Scheme policy.

Council’s contribution to the project is estimated to be $975,500 and will be funded by the Federal Government Roads for the Community Initiative.

This estimate has been prepared based upon previous works carried out throughout the municipality and includes a 10% contingency amount.

ITEM 7.6 (Cont’d)


Scheme Details

Estimated Project Cost $1,406,000

Less Council Cost only Items $73,975

Estimated Scheme Cost $1,332,025

Less Council’s 20% Contribution $266,405

Less Council’s Contribution for works abutting Puffing Billy Reserve

$146,274

Less Subsidy for Federal Government Funding Ceiling of $7,000 per benefit unit

$488,846

Balance of estimated cost to be recovered from landowners (excluding financing costs)

$430,500

Details of the calculation of special benefit and maximum total levy are set out in Attachment 1 – Special Benefit and Maximum Total Levy.

Financing Costs

Funding of the landowner component of the project is to be provided through loans. The financing cost rate is determined from Council’s latest borrowings. The financing cost rate applicable is 3.0% based on latest borrowings rates for a ten-year period.

Financing costs are to be recovered from landowners who choose not to pay in full by 15 February 2023. Total landowners’ estimated share for the works is $430,500 plus an amount of $64,575 for financing costs. These financing costs have been separately accounted for in the debt servicing budget.

Period for Which Special Charge Remains in Force

The special charge remains in force for the period commencing 1 July 2022 and concluding on 30 June 2032, or until paid in full, with any interest thereon.

Date of Payment

A notice pursuant to Section 167 (3) of the Local Government Act 1989 shall be issued with payment due on 15 February 2023. If a person elects to pay general rates and charges by instalments or any other method available, the special charge will be paid in the same manner.

It is recommended the Chief Executive Officer be authorised and directed to seek payment of and recover the special charge with any interest thereon.

Incentives for Prompt Payments

No incentives will be offered for prompt payment prior to the prescribed date of payment.

ITEM 7.6 (Cont’d)


Variation

The details and particulars of this special charge shall remain in force unless varied by Council in accordance with the Local Government Act 1989.

KEY ISSUES

Status Menzies Road, Menzies Creek

A search of Council’s records indicates that Menzies Road, Menzies Creek has not previously been constructed to the satisfaction of Council under Section 163 of the Local Government Act 1989 or under Division 10 of Part XIX or Part XIII of the Local Government Act 1958.

Council is therefore able to proceed with its intent to declare a special charge pursuant to Section 163 of the Local Government Act 1989.

Power to Undertake Works

Implementation of the works will be carried out under part 1A of the Local Government Act 1989 which identifies the purpose, objectives, roles, functions and powers of Councils.

Nature and Purpose of Special Charge

As a result of landowner consultation, significant support has been identified from landowners along Menzies Road, Menzies Creek for implementing a Special Charge Scheme for sealing the road and drainage improvement works.

The purpose of the special charge is to improve safety, amenity and accessibility for landowners involved.

Designated Area

The special charge is proposed to be declared in respect of the properties within the designated area, being those properties that abut or gain primary access via Menzies Road, Menzies Creek as shown in Attachment 2 – Designated Area.

These properties are considered to be naturally coherent in accordance with the Ministerial Guideline on Special Rates and Special Charges.

Planning Policies

The proposed works are to be carried out within the PPRZ – Public Park & Recreation Zone, PUZ1 – Public Use Zone – Service & Utility, RDZ2 - Road Zone – Category 2 and GWAZ1 – Green Wedge A Zone Schedule 1 of the Yarra Ranges Planning Scheme.

For these zones the planning scheme includes a purpose and objective. The proposed works are considered consistent with the purpose and objective of these zones.

ITEM 7.6 (Cont’d)


In addition to zone objectives it is considered these works are consistent with the planning scheme requirements applied to works, specifically:

• Minimal impact to the natural environment and landscape; and

• Enhancement of visual amenity of the area.

The proposed works will require the removal of four (4) trees of varying size and 11 other trees are at risk of removal. These trees would be removed under Council’s Road Vegetation Clearance Code guidelines. A planning permit is not required for trees removed under these guidelines. All works will be completed in compliance with Council’s Code of Environmental Practice for Works on Council Managed Land.

A Cultural Heritage Management Plan is not required for the works.

Description of Works

Proposed works for Menzies Road, Menzies Creek:

• Approximately 1070 metres urban standard asphalt road generally 5 metres trafficable width following the existing road formation;

• Three 3.5m wide localised narrowing points;

• Concrete rollover kerb and channel on both sides of road with associated underground longitudinal drainage; and

• Reinstatement of vehicle crossovers.

These works are considered to be of an appropriate standard to service Menzies Road, Menzies Creek, and are not in excess of the standard which would normally be adopted by Council for the improvement of a local road.

Special Charge Scheme

A Special Charge Scheme has now been prepared for the above works, to allow Council to advise of its intent to declare a special charge.

Attached is a calculation of Special Benefit and Maximum Total Levy, a plan showing the designated area, estimate of cost of works and schedule of costs per property for road improvement works to Menzies Road, Menzies Creek.


The proposed works will require the removal of four (4) trees of varying size and 11 other trees are at risk of removal. These trees would be removed under Council’s Road Vegetation Clearance Code guidelines. A planning permit is not required for trees removed under these guidelines. All works will be completed in compliance with Council’s Code of Environmental Practice for Works on Council Managed Land.

ITEM 7.6 (Cont’d)


The recent 9-10 June 2021 severe storm event will mean the final impact on roadside vegetation will be determined once a tree impact assessment has been completed by Council’s consulting arborist.

Council’s Parks and Bushland Team will complete a streetscape review of the project, looking for opportunities to replant trees; the estimated cost of works (Attachment 3) includes a 5% allowance for Tree Management that would fund replanting costs.

A Cultural Heritage Management Plan is not required for the works.

The works will enhance the environmental amenity, through the reduction in dust.

Social Impacts

Special Charge Schemes for road construction require sizeable contributions from abutting landowners. These contributions can lead to social and economic impacts for affected landowners. Council’s Special Rate and Charge Policy for Infrastructure Improvements notes that those landowners with a demonstrated financial hardship may apply for assistance in accordance with Council’s Rate Recovery and Financial Hardship Policy.

Economic Impacts

Refer to Social Impacts (above) for commentary on affected landowners and financial hardship.

The Local Government Act 1989 recognises that a property receives a special benefit from construction of an abutting road. The economic benefit to an individual property is however difficult to quantify.

Risk Assessment

Construction of the road would provide the following benefits/risk reduction to landowners:

• Continued and safer vehicular access to and from properties abutting or gaining

primary access via Menzies Road, Menzies Creek;

• Improved stormwater drainage runoff control directed towards the roads from abutting properties, and protection of low side properties from stormwater runoff from the road; and

• Enhanced physical and environmental amenity for abutting properties.

It is noted that this road has existed in its’ current form for many years. If the proposed construction of the road does not proceed, no unacceptable or unmanageable risk would be experienced by Council.

FURTHER CONSULTATION

Public Notice

Council is required to publish a public notice, a copy of which must be sent to each person who will be liable to pay the special charge, within three working days of the day on which

ITEM 7.6 (Cont’d)


the public notice is published. The public notice must state which persons have a right to make a submission to the proposed declaration, and how those persons may make a submission. Submissions in writing must be lodged with the Council within 28 days of the day on which the public notice is published.

In addition, the public notice must contain an outline of the proposed declaration, set out the date on which it is proposed to make the declaration and advise that copies of the proposed declaration are available for inspection at Council’s Community Links for at least 28 days after the publication of the notice.

It is recommended that Council authorise the publication of this statutory notice in The Star Mail local newspapers and on Council’s internet website.

Submissions

Council or a Delegated Committee of Council is required to consider any written submissions. These submissions should be received by Council by a date specified in the notice which is not less than 28 days after the publication of the above notice.

Persons making a written submission to Council are entitled to request to appear before Council or the Delegated Committee of Council to be heard in support of their written submission or be represented by a person specified in their submission.

It is recommended that a consultation meeting comprising the Mayor and/or Deputy Mayor and/or Ward Councillor, be arranged to discuss any submissions received relating to this Special Charge. Following this consultation meeting the normal process for submitters presenting to Council will apply.

It is recommended that persons making a written submission to Council be advised that:

• Submissions will be considered, and any person (or their representative as specified

in their submission) who has requested to be heard in support of his or her submission be heard, by a meeting of Council scheduled for 26 October 2021, or should this meeting not proceed then the next available meeting; and

• Copies of submissions (excluding submitter’s names and addresses) will be made available at the Council meeting when submissions are considered.

DECLARATION OF THE SPECIAL CHARGE

It is recommended that Council at its meeting scheduled for 26 October 2021 or should this meeting not proceed then the next available meeting, following the consideration of any submissions, determine whether to adopt, amend or abandon the scheme. If Council adopts or amends the scheme, the special charge may then be declared.

The special charge is then levied by sending a notice under Section 163 (4) of the Local Government Act 1989 to the persons liable to pay the charge.

Following the levying of the charge a person under Section 185 of the Local Government Act 1989 aggrieved by the imposition of the special charge on that person, may within 30 days after the date of effective issue of the notice levying the charge, apply to the Victorian Civil and Administrative Tribunal for a review of the decision.

ITEM 7.6 (Cont’d)


CONCLUSION

It is recommended that Council advise the affected landowners of its intent to declare a special charge for Menzies Road, Menzies Creek Improvement Works Special Charge Scheme in accordance with the provisions of the Local Government Act 1989.

ATTACHMENTS

1 Special Benefit and Maximum Total Levy⇩

2 Designated Area⇩

3 Estimated Cost of Works⇩

4 Schedule of Costs per Property⇩

ITEM 7.6

ATTACHMENT 1. Special Benefit and Maximum Total Levy


ITEM 7.6 (Cont’d)



ITEM 7.6

ATTACHMENT 2. Designated Area


ITEM 7.6

ATTACHMENT 3. Estimated Cost of Works


ITEM 7.6 (Cont’d)



ITEM 7.6

ATTACHMENT 4. Schedule of Costs per Property


ITEM 7.6 (Cont’d)



ITEM 7.7


No. of Pages – 6

7.7 Hyne Street, Lilydale Declaration of Special Charge


SUMMARY

In 2019 Council received $150 Million Federal Government funding for sealing roads within the Dandenong Ranges and surrounding areas. Hyne Street, Lilydale was included within the endorsed list of approximately 190 kilometres of roads to be constructed using Federal Funds and Landowner contributions through a Special Charge Scheme process.

Following an extensive consultation process with landowners, Council at its meeting of 22 June 2021 considered a report on road improvement works for Hyne Street, Lilydale. Council resolved to advise of its intention to declare a special charge in accordance with the provisions of Section 163 of the Local Government Act 1989.

This report advises that no submissions have been received regarding the Special Charge and recommends that Council declare the Special Charge without modification.

RECOMMENDATION

That

1. Council, having given notice of its intention, reviewed the details of the proposed special charge and having received no submissions hereto, declare the special charge for works associated with the Hyne Street, Lilydale Special Charge Scheme in accordance with the provisions of Section 163 of the Local Government Act 1989, without modification.

2. In accordance with the provisions of Section 163 of the Local Government Act 1989, notice be served upon all persons liable for the special charge advising of Council’s decision and that persons aggrieved by Council’s imposition of the special charge upon them, may apply to the Victorian Civil and Administrative Tribunal within 30 days of the notice, for a review of the decision.



ITEM 7.7 (Cont’d)


PROPOSAL

That Council declare a Special Charge Scheme for the construction of Hyne Street, Lilydale, funded from the Roads for the Community Federal Government Grant and Landowner contributions.


1. At its meeting on 24 September 2019, Council considered a report regarding the Federal Government Road Construction Funding Initiative and adopted recommendations including:

(a) Council endorse the roads listed in Attachment 1 (of that report) for construction utilising the Federal Government funding initiative; and

(b) Landowner contributions to road construction projects funded by the Federal

Government funding initiative be fixed at $7,000 per development unit.

This report has been published on Council’s website and is available by searching the

Agenda for the 24 September 2019 Ordinary Meeting:


2. At its meeting on 22 June 2021, Council considered a report regarding the Hyne Street, Lilydale Intention to Levy a Special Charge and adopted recommendations including:

(a) The affected landowners be advised of Council’s intent to declare a special charge and

(b) The Chief Executive Officer be authorised to give public notice of the intent to declare a special charge.

This report has been published on Council’s website and is available by searching the Agenda for the 22 June 2021 Ordinary Meeting.


BACKGROUND

In 2019 Council received $150 Million Federal Government funding for sealing roads within the Dandenong Ranges and surrounding areas.

At its meeting of 24 September 2019 Council endorsed a list of roads to be constructed using Federal Government funding for sealing roads within the Dandenong Ranges and surrounding areas. Hyne Street, Lilydale was included on the endorsed list of roads.

Consultation has occurred with landowners of Hyne Street, Lilydale for the construction of their road as a Special Charge Scheme.





ITEM 7.7 (Cont’d)


Council at its meeting of 22 June 2021 resolved of its intention to declare a Special Charge in accordance with the provisions of Section 163 of the Local Government Act 1989.

The mandatory minimum of 28 days since the publication of the public notice advising of Council’s intention to declare the Special Charge and for receiving submissions concluded on 28 July 2021. The concurrent formal period, for receiving submissions, of 28 days from the date of publication of the public notice has also closed. In accordance with requirements of the Local Government Act 1989 Council must now consider any submissions received and determine whether to adopt, amend or abandon the scheme. If Council adopts or amends the scheme, the special charge may then be declared.

This report advises that no submissions were received regarding the Special Charge and recommends that Council declare the special charge without modification.

STRATEGIC LINKS

The construction of local roads as a Special Charge Scheme meets the Council Plan 2017-2021 strategic objective of Quality Infrastructure and Liveable Places. Local road construction also has benefits related to the strategic objective of a Vibrant Economy, Agriculture and Tourism.

The Federal Government funding commitment of $150 Million over 10 years will have a transformational impact on unmade roads throughout the Dandenongs and urban growth areas of the municipality.

The key principles of the program are to construct unmade roads:

• Servicing schools, community facilities and sporting facilities;

• Within the urban growth boundary and township areas within Yarra Ranges;

• That significantly support bushfire risk and emergency situations to allow the community to safely exit areas of high risk;

• That support the growth and development of tourism across the municipality; and

• Where sections of high volume rural roads intersect with collector/arterial roads.

In considering a strategic approach for future construction of unsealed roads, prioritisation

and level of Council contribution required for Special Charge Scheme road construction under current policy, the proposed construction of Hyne Street, Lilydale offers benefits as it is predominately urban in character and would complete an existing sealed network.

Council’s Special Rate and Charge Policy for Infrastructure Improvements sets out in detail the procedures for managing Special Charge Schemes.

ITEM 7.7 (Cont’d)


CONSULTATION

Landowner Consultation

Following the on-line landowner briefing presentation available for viewing on Council’s website since 18 May 2021, a landowner drop-in session was held on 21 June 2021 at Lilydale Lake Community Room.

Landowners were able view hardcopy plans of the project and raise questions with members of Council’s Roads for the Community team. Landowners attending this drop-in session were requested to check in via a QR code on arrival, for contract tracing purposes.

Public Notice

In accordance with Sections 163(1A) and 223 of the Local Government Act 1989 Council is required to give public notice of the intention to declare a special charge.

A public notice was published in The Star Mail local newspapers on 29 June 2021 and also on Council’s Internet Website.

The public notice stated that submissions in respect of Hyne Street, Lilydale Special Charge Scheme will be considered by Council, outlined the proposed declaration, set out the date on which it is proposed to make the declaration and advised that copies of the proposed declaration are available for inspection at Council’s office for at least 28 days after the publication of the notice.

Notification of Landowners Involved

In addition to the public notice published in The Star Mail local newspapers and on Council’s Internet Website, all owners of properties within the designated area of the special charge scheme were notified by mail of the proposed special charge, with an advisory notice and covering letter dated 23 June 2021.

Information relating to Council’s intention to declare the special charge was extensively outlined, including the amount for which the person(s) is liable and the rights of a person to make a submission to the special charge.

Persons Right to Make a Submission

Section 163 of the Local Government Act 1989 requires Council to consider any written submissions. These submissions should be received within 28 days after the publication of the public notice.

The formal submission period has now closed. Both the advisory notice served, and the public notice published advised that submissions must be received by 28 July 2021.

Persons making a written submission to Council are also entitled to request to appear before Council to be heard in support of their written submission.

ITEM 7.7 (Cont’d)


Council must now consider any submissions received and determine whether to adopt, amend or abandon the scheme. If Council adopts or amends the Scheme, the special charge may then be declared.

Submissions Received

No public submissions have been received regarding Council’s intention to declare a special charge for the Hyne Street, Lilydale Improvement Works.

The designated area of the scheme comprises of 23 properties.


At its meeting on 24 September 2019 Council resolved that landowner contributions to road construction projects funded by the Federal Government funding initiative be fixed at $7,000 per development unit.

Following detailed design for the project the estimated cost of works has been determined as $924,113.

On adoption of this report’s recommendations the landowner contribution to the project will be fixed at $161,000 based on the following funding breakdown:

• Resident Properties charged one unit – 23 properties x $7,000 = $161,000

As listed in Attachment 2 - Schedule of Costs per Property, this results in a subsidy for

landowners of $578,291 over and above Council’s normal 20% contribution towards Special Charge Scheme projects, equating to a saving per development unit of $25,143. Through the process of tendering, delivering and finally costing the overall project, any savings would first be directed towards this subsidy prior to proportionately sharing with landowners as described in Council’s Special Charge Scheme policy.

Council’s contribution to the project is estimated to be $763,113 and will be grant funded by the Federal Government Roads for the Community Initiative.

This estimate has been prepared based upon previous works carried out throughout the municipality and includes a 10% contingency amount.

KEY ISSUES

Formal Notification to Landowners

Upon consideration of the submissions received and declaration of the special charge, the Local Government Act 1989 requires those persons who have lodged a submission to be advised of Council’s decision in relation to their submission.

All landowners are then to be formally notified of the special charge scheme and advised of their option to apply to the Victorian Civil and Administrative Tribunal for a review of Council’s decision to introduce the special charge, as required by Section 185 of the Act.

ITEM 7.7 (Cont’d)



The proposed works will not require the removal of any trees.

All works will be completed in compliance with Council’s Code of Environmental Practice for Works on Council Managed Land. A Cultural Heritage Management Plan is not required for the works.

Social Impacts

Special Charge Schemes for road construction require sizeable contributions from abutting landowners. These contributions can lead to social and economic impacts for affected landowners. Council’s Special Rate and Charge Policy for Infrastructure Improvements notes that those landowners with a demonstrated financial hardship may apply for assistance in accordance with Council’s Rate Recovery and Financial Hardship Policy.

Economic Impacts

Refer to Social Impacts (above) for commentary on affected landowners and financial hardship.

The Local Government Act 1989 recognises that a property receives a special benefit from construction of an abutting road. The economic benefit to an individual property is however difficult to quantify.

Risk Assessment

Construction of the road would provide the following benefits/risk reduction to landowners

• Continued and safer vehicular access to and from properties abutting or gaining primary access via Hyne Street, Lilydale;

• Improved stormwater drainage runoff control directed towards the road from abutting properties, and protection of low side properties from stormwater runoff from the road; and

• Enhanced physical and environmental amenity for abutting properties.

It is noted that the road has existed in its’ current form for many years. If the proposed construction of the road does not proceed, no unacceptable or unmanageable risk would be experienced by Council.

CONCLUSION

In accordance with the provisions of Section 163 of the Local Government Act 1989 it is recommended Council declare a Special Charge Scheme for the construction of Hyne Street, Lilydale funded from the Road for the Community Federal Government Grant and Landowner contributions.

Having regard to the need for the proposed works, it is recommended that Council adopt and declare the special charge without modification.

ITEM 7.7 (Cont’d)


ATTACHMENTS

1 Designated Area of Scheme⇩

2 Schedule of Costs per Property⇩

ITEM 7.7

ATTACHMENT 1. Designated Area of Scheme


ITEM 7.7



ITEM 7.8


No. of Pages – 5

7.8 EOI6105 6287 Lilydale Road, Healesville - Road Improvement


SUMMARY

This report summarises the evaluation process and seeks Council approval for Lilydale Road – Road Improvement.

This item has been included in the public agenda to facilitate openness and transparency in Council’s decision making. A Confidential Attachment has been included with the report which contains commercially sensitive information and is not to be disclosed whilst the meeting is open to the public.

Recognising the growing number of businesses on Lilydale Road, Healesville and the need for a more tourist and community friendly area, Council initiated works to improve safety, amenity and access along Lilydale Road.

Federal Government grants including Local Roads Community Infrastructure and Roads to Recovery are allocated in the Council Capital Expenditure Program to fund the road improvement works in Lilydale Road, Healesville. Funding for this project consists of $1,150,000 from Local Roads Community Infrastructure grant in the Financial Year 2021-22 and $596,000 from Roads to Recovery grant in the Financial Year 2022-23.

Works will focus on improving pedestrian facilities, landscape enhancement, drainage and amenity whilst maintaining and improving parking facilities and access for tourists, visitors and businesses.

Key features of the proposed improvement works include:

• Road widening to formalise on street parking on both sides of the road;

• Kerb and channel works with associated drainage;

• New shared paths on both sides of the road;

• Raised pedestrian crossings to improve safety;

• Streetscape works including tree planting and installation of benches, bins, bike racks, and water fountains; and

• Minor improvements to the arterial roads which intersect with Lilydale road (Maroondah Highway and Healesville- Kinglake Road).

ITEM 7.8 (Cont’d)


RECOMMENDATION

That

1. Council Accepts the tender from Bild Infrastructure Pty Ltd for the total lump sum price of $1,185,778.56 (exclusive of GST and inclusive of provisional items), $1,304,356.42 (inclusive of GST and provisional items).

2. A 10% contingency amount of $118,577.86 (GST exclusive), $130,435.64 inclusive of GST to be approved for EOI 6105 6287 Lilydale Road, Healesville – Road Improvement.

3. The Director Environment and Infrastructure be delegated the authority to sign the contract documents.

4. The confidential attachment to this report remains confidential indefinitely as it relates to matters specified under section 3(1)(g)(ii) of the Local Government Act 2020

5. The confidential attachments to this report remain confidential indefinitely as they relate to matters specified under section 3(1) (g)(i), (g)(ii) of the Local Government Act 2020.


No officers and/or delegates acting on behalf of Council through the Instrument of Delegation and involved in the preparation and/or authorisation of this report have any general or material conflict of interest as defined within the Local Government Act 2020.

PROPOSAL

To seek Council approval to enter into a new contract for EOI6105 6287 Lilydale Road, Healesville – Road Improvement.


Not Applicable

BACKGROUND

Federal Government grants including Local Roads Community Infrastructure and Roads to Recovery are allocated in the Council Capital Expenditure Program in Financial Years 2021-22 and 2022-23 to fund the road improvement works in Lilydale Road, Healesville.

To support efficient procurement processes, Council sought Expressions of Interest from contractors to establish a panel of twelve (12) pre-qualified Road Construction and Associated Works contractors to EOI6105 from which Council would seek quotations for road construction and associated work, as and when funding allows.

ITEM 7.8 (Cont’d)


Under the terms and conditions of the panel arrangement, any contracts valued over one million dollars requires a formal declaration report indicating the estimated cost and budget be accepted by Council before the project can proceed to construction.

On 25 June 2021, Council invited four (4) pre-qualified contractors from the Road Construction and Associated Works Panel to submit quotations for this project.

The quotation process remained open for 22 days, closed 16 July 2021 and three (3) quotes were received.

STRATEGIC LINKS

By recommending contractors that present a best value for money outcome, this report supports the Council Plan 2017-21 strategic objectives for Quality Infrastructure and Liveable Places. Local road construction also has benefits related to the strategic objective of a Vibrant Economy, Agriculture and Tourism.

CONSULTATION

Initial community consultation for the proposed improvements to Lilydale Road occurred back in late 2019. This consultation occurred with the owners of properties/businesses in Lilydale Road and through a letter to properties in the immediate surrounding area. A summary of the phases of consultation is as follows;

Stage 1 – Issues and Opportunities – This involved listening to the local community to what their issues are and would like for the road / area. A workshop with traders along Lilydale Rd was held at the Terminus Hotel on 26 November 2019 and attended by most of the businesses. A letter with links to an online survey was sent to residents and business within approx. 300-400m of Lilydale Rd to receive their feedback.

Stage 2 – Initial Concept Plan – In mid March 2020 staff from Council's Economic Development & Investment team and Infrastructure Services team visited a number of business in both Lilydale Road and Hunter Road and followed up with an email to business via email. Due to COVID-19 restrictions in-person consultation could not be progressed. The design was not distributed to the wider community for feedback. The plan that was presented was a concept plan showing both preliminary concepts for one and two way traffic flow options.

Stage 3 – Advanced Warning of Upcoming Works – In early June 2021 Council’s Infrastructure Services team sent through design plans to local emergency services and Landowners/ Occupants of Lilydale Road and the properties along McGrettons Rd, Hunter Rd, Leitch Close, Railway Pde, Ardill St, Crisp St and Harker St advising that works for Lilydale Road were due to commence in the second half of 2021.


The total cost of this lump sum contract is $1,185,778.56 (GST exclusive and including provisional items) and $1,304,356.42 inclusive of GST and provisional items.

ITEM 7.8 (Cont’d)


A 10% contingency amount of $118,577.86 (GST exclusive), $130,435.64 inclusive of GST be included for the project.

Federal Government grants including Local Roads Community Infrastructure and Roads to Recovery are allocated in the Council Capital Expenditure Program to fund the road improvement works in Lilydale Road, Healesville. Funding for this project consists of $1,150,000 from Local Roads Community Infrastructure grant in the Financial Year 2021-22 and $596,000 from Roads to Recovery grant in the Financial Year 2022-23.

In addition to the road construction and civil works the project includes the improvements and increased standard public street lighting in Lilydale Road at an additional cost of approximately $70,000 plus SP Ausnet Fees of approximately $20,000.

Works are anticipated to commence in August 2021 and reach Practical Completion by 23 November 2021.

KEY ISSUES

This quotation process has been carried out in accordance with the requirements of Council’s Procurement Policy.

Tenderer quotations were assessed for conformity with the request for quote documents and one (1) quote was eliminated from further evaluation as it was non-conforming.

The Evaluation Panel scored quotations against pre-established evaluation criteria. A summary of the evaluation criteria and respective weightings follows:

• Price – 80%;

• Resourcing – 10%; and

• Timeframes – 10%.

The contractors providing prices are part of a Panel of Contractors shortlisted via an Expression of Interest process and have pre-qualified with respect to the Capability and Capacity to deliver works.


This has been considered as part of the project specification and evaluation process.

Social Impacts

There are no social impacts directly associated with this report.

Economic Impacts

There are no direct economic impacts associated with this report.

Risk Assessment

This has been considered as part of the project design, contract terms and conditions and the evaluation process.

ITEM 7.8 (Cont’d)


CONCLUSION

That Council adopts the recommendations in this report.

ATTACHMENTS

1 EOI6105 6287 Confidential Attachment (Confidential)

ITEM 7.9


No. of Pages – 4

7.9 CT6260 Construction of Millgrove Sporting Pavilion, Millgrove


SUMMARY

This report summarises the evaluation process and seeks Council approval for the construction contract for the Millgrove Reserve Community Sporting Pavilion.

This project was initiated to engage a construction company to construct the Millgrove Reserve Community Sporting Pavilion. The pavilion will provide a permanent home for sport and recreation groups in Millgrove and support the core sports needs of Soccer and Cricket for the next fifty years. The new facility will encourage participation in recreational, sporting and community activities in Millgrove and surrounding areas.

The pavilion will be an all-inclusive, accessible facility including change spaces and associated amenities, kitchen, internal/external serveries, storage areas and offers a central place to hold meetings, social gatherings, and community events. Other recreation, educational and community groups will also benefit through access to the community activity/social space, public toilets and amenities.

Five (5) prequalified suppliers from the Department of Treasury and Finance Construction Supplier Register (CSR) were invited to participate in a selective tender for this project on June 22, 2021. Under section 108(7)(b) of the Local Government Act 2020, Council’s use of the CSR list is approved by the Minister of Local Government under section 186(5) (c) of the Local Government Act 1989 and is therefore compliant with Councils’ legislative requirements.

Tenders closed on July 22, 2021 and five (5) submissions were received.

The evaluation panel recommends the tender from Circon Constructions Pty Ltd be accepted for a total lump sum price of $1,810,000.00 (exclusive of GST and inclusive of tender options and provisional sums), $1,991,000 (inclusive of GST, tender options and provisional sums) and subject to Corporate Scorecard Financial and Performance report.

This item has been included in the public agenda to facilitate openness and transparency in Council’s decision making. A Confidential Attachment has been included with the report which contains commercially sensitive information that is not to be disclosed whilst the meeting is open to the public.

The recommendation in this report has been formally endorsed by the evaluation panel.

ITEM 7.9 (Cont’d)


RECOMMENDATION

That

1. Council awards the tender from Circon Constructions Pty Ltd for CT6260 Construction of Millgrove Sporting Pavilion, Millgrove for the total lump sum price of $1,810,000.00 exclusive of GST, inclusive of tender options and provisional sums and ($1,991,000.00 inclusive of GST, tender options and provisional sums) and subject to Corporate Scorecard Financial and Performance report.

2. The Director Environment and Engineering be delegated the authority to sign the contract documents.




PROPOSAL

To seek Council approval to enter a contract for the Construction of Millgrove Sporting Pavilion, Millgrove.

BACKGROUND

The Millgrove Reserve Community Sporting Pavilion is a community driven project with broad support from both the local community and the wider sporting community within the surrounding areas.

The construction of a new building will see a new facility that will optimise the use of the existing recreation space, sporting fields and other public facilities, and provide a central meeting and social space for the community.

The new building will be a modern facility which fits in with the surrounding setting of the reserve and is physically and functionally aligned to the playing fields.

Following completion of the design documentation phase, a pre-tender estimate was sought from an independent quantity surveyor. This pre-tender estimate was aligned with the project budget and tender documents were subsequently prepared.

A select invite to tender process was conducted to ensure procurement compliance. A summary of the evaluation process is included as a Confidential Attachment to this report.

ITEM 7.9 (Cont’d)


STRATEGIC LINKS

This report supports Council’s Strategic framework in being a high performing organisation; that listens and delivers quality, value for money services to our community.

The project is closely aligned with Council’s strategic objectives as it will deliver on connected and healthy communities and will also deliver on quality infrastructure and liveable places.

CONSULTATION

The design of the facility has been through an extensive consultation process with multiple approval gateways prior to tender. Stakeholder consultation has included both external and internal stakeholders throughout the process.

The specification and tender documentation have been prepared in collaboration with an external consultant team, planning referral advice, internal stakeholders and Council’s Major Projects team.


The recommended tender award amount is within the allocated project budget which includes funding from External grants, Council’s Capital Expenditure Program and Club contributions. Confidential Attachment 1 provides further details of the budget breakdown and anticipated expenditure for the project.

Works are anticipated to commence in late September 2021 with an anticipated period for

practical completion of 120 Master Builders Association of Victoria (MBAV) calendar days.

KEY ISSUES

This tender has been carried out in accordance with the requirements of Council’s Procurement Policy.

Tenders were assessed for conformity with the tender documents and no tenders were eliminated from further evaluation as a result of major non-conformances.

The evaluation panel scored tenders against pre-established evaluation criteria. A summary of the evaluation criteria follows:

Selection Criteria Weighting

Price 50%

Capability/Capacity 20%

Quality/Sustainability 20%

Timeframes 10%

TOTAL 100%

ITEM 7.9 (Cont’d)


Confidential information is contained in Attachment 1. This information relates to

contractual matters and contains commercially sensitive information including, but not limited to, the name of tendering parties, the evaluation panel members, the tendered prices and the evaluation of the tenders received against the published evaluation criteria.

Any disclosure of the information included within the confidential attachment to this report could be prejudicial to the interests of the Council or other parties. If discussion of this information is required, the Council is recommended to resolve that the item be deferred to the confidential section of the agenda when the meeting is closed to members of the public in accordance with Section 3(1)(g)(i), (g)(ii) of the Local Government Act 2020.


This has been considered as part of the project specification and evaluation process.

There are no environmental impacts directly associated with this report. The recommended tenderer has a Quality Management System in place

Social Impacts

This has been considered as part of the project specification and evaluation process. The

recommended tenderer employs five (5) staff whom reside in Yarra Ranges Shire.

Economic Impacts

This has been considered as part of the project specification and evaluation process. The recommended tenderer has committed to source 70% of goods, services and materials proposed for this contract from within Yarra Ranges Shire.

Risk Assessment

This has been considered as part of project design, contract terms and conditions and the evaluation process.

CONCLUSION

Following an extensive evaluation process as detailed in Confidential Attachment 1, it is recommended that the tender submission from Circon Constructions Pty Ltd for the total lump sum price of $1,810,000.00 exclusive of GST and inclusive of tender options and provisional sums be accepted as the preferred tender for the Millgrove Reserve Community Sporting Pavilion project.

ATTACHMENTS

1 CT6260 Confidential Attachment 1 - Millgrove Pavilion (Confidential)

ITEM 7.10


No. of Pages – 4

7.10 CT6789 - Seville Oval Redevelopment


SUMMARY

This report summarises the evaluation process and seeks Council approval for the construction contract for the Seville Oval Redevelopment.

This project was initiated to engage a suitably qualified and experienced construction company to construct the Seville Oval Redevelopment project. The project will provide a more level and higher quality sports field to support the core sports needs of football and cricket, encourage participation in recreational and sporting activities and complement existing community passive and active recreation uses.

A public open tender process was undertaken in accordance with the Local Government Act 2020 and Council’s Procurement Policy.

Tenders closed on 23 July 2021 and three (3) submissions were received.

The evaluation panel recommends the tender from SJM Turf & Civil Pty Ltd be accepted for a total lump sum price of $1,312,563.44 (exclusive of GST and inclusive of tender options and provisional sums).

This item has been included in the public agenda to facilitate openness and transparency in Council’s decision making. A confidential attachment has been included with the report which contains commercially sensitive information that is not to be disclosed whilst the meeting is open to the public.

The recommendation in this report has been formally endorsed by the evaluation panel.

RECOMMENDATION

That

1. Council awards the tender from SJM Turf & Civil Pty Ltd for CT6789 construction of Seville Oval Redevelopment for the total lump sum price of $1,312,563.44 exclusive of GST, inclusive of tender options and provisional sums and ($1,443,819.79 inclusive of GST).

2. The Director Environment and Infrastructure be delegated the authority to sign the contract documents.


ITEM 7.10 (Cont’d)




PROPOSAL

To seek Council approval to enter a contract for the construction of Seville Oval Redevelopment.


Not applicable.

BACKGROUND

The Seville Oval Redevelopment is a community driven project with broad support from both the local community and the wider sporting community within the surrounding area.

The redevelopment of the sports field will optimise its use, improve the playing surface and provide for modern drainage and irrigation systems to improve the ongoing maintenance within and around the oval.

A public open tender process was conducted to ensure procurement compliance. A summary of the evaluation process is included as a Confidential Attachment to this report.

STRATEGIC LINKS

This report supports Council’s strategic framework in being a high performing organisation that listens and delivers quality, value for money services to our community.

The project is closely aligned with Council’s strategic objectives as it will deliver on connected and healthy communities and will also deliver on quality infrastructure and liveable places.

CONSULTATION

The design of the facility has been through an extensive consultation process with multiple approval gateways prior to tender. Stakeholder consultation has included both external and internal stakeholders throughout the process. The sporting clubs have reviewed and approved the schematics design plans and the project has been publicly advertised.

The specification and tender documentation have been prepared in collaboration with an external consultant team, involving Council’s Sportsfields, Major Projects and Parks Maintenance teams.




The recommended tender award amount is within the allocated project budget which includes funding from external grants and Council’s Capital Expenditure Program funding. Confidential Attachment 1 provides further details of the budget breakdown and anticipated expenditure for the project.

Works are anticipated to commence on 30 August 2021 with an anticipated practical completion of 31 January 2022.

KEY ISSUES

This tender has been carried out in accordance with the requirements of Council’s Procurement Policy. Tenders were assessed for conformity with the tender documents and no tenders were eliminated from further evaluation as a result of major non-conformances.

The evaluation panel scored tenders against pre-established evaluation criteria. A summary of the evaluation criteria follows:

Selection Criteria Weighting

Price 50%

Capability/Capacity 20%

Quality/Sustainability 10%

Timeframes 20%

Total 100%

Confidential information is contained in Attachment 1. This information relates to contractual matters and contains commercially sensitive information including, but not limited to, the name of tendering parties, the evaluation panel members, the tendered prices and the evaluation of the tenders received against the published evaluation criteria.

Any disclosure of the information included within the confidential attachment to this report could be prejudicial to the interests of the Council or other parties. If discussion of this information is required, the Council is recommended to resolve that the item be deferred to the confidential section of the agenda when the meeting is closed to members of the public in accordance with section 3(1)(g)(i), (g)(ii) of the Local Government Act 2020.

This report seeks Council approval to award a contract that complies with the Section 109 of the Local Government Act 2020.




Environmental Impacts have been considered as part of the project specification and evaluation process. There are no environmental impacts directly associated with this report. The recommended tenderer has an Environmental Management System and Quality Management System in place that are currently being independently audited/certified.

Social Impacts

Social Impacts have been considered as part of the project specification and evaluation process. The recommended tenderer has committed to provide a state-of-the-art sports field for the community to enjoy and is offering employment opportunities for labourers and machinery operators within the Yarra Ranges Shire.

Economic Impacts

Economic Impacts have been considered as part of the project specification and

evaluation process. The recommended tenderer has committed to source 20% of goods, services and materials proposed for this contract from within the Yarra Ranges municipality.

Risk Assessment

Risk has been considered as part of project design, contract terms and conditions and within the evaluation process. The recommended contractor is considered an expert in the field and highly qualified to deliver a successful result.

CONCLUSION

Following an extensive evaluation process as detailed in Confidential Attachment 1, it is recommended that the tender proposal from SJM Turf & Civil Pty Ltd be accepted for a total lump sum price of $1,312,563.44 exclusive of GST and inclusive of tender options and provisional sums as the preferred contractor.

ATTACHMENTS

1 CT6789 Confidential Attachment 1 (Confidential)


8. COUNCILLOR MOTIONS

In accordance with Chapter 3 Division 4 of the Governance Rules developed by Council in accordance with section 60 of the Local Government Act 2020.

There were no Councillor motions received prior to the Agenda being printed.

9. URGENT BUSINESS AND ITEMS RAISED THROUGH THE CHAIR

In accordance with Chapter 3 Rule 24 of the Governance Rules developed by Council in accordance with section 60 of the Local Government Act 2020.

10. PETITIONS

In accordance with Chapter 3 Rule 60 of the Governance Rules developed by Council in accordance with section 60 of the Local Government Act 2020.

There were no Petitions received prior to the Agenda being printed.

11. DOCUMENTS FOR SIGNING AND SEALING

In accordance with Clause 87 of Meeting Procedures and Use of Common Seal Local Law 2015 as prescribed by Section 14(2)(c) of the Local Government Act 2020.

There were no documents for signing and sealing received prior to the Agenda being printed.

INFORMAL MEETING OF COUNCILLORS


12. INFORMAL MEETING OF COUNCILLORS

Chapter 8, Rule 1, of the Governance Rules requires that records of informal meetings of Councillors must be kept and that the Chief Executive Officer must ensure that a summary of the matters discussed at the meeting tabled at the next convenient Council meeting and recorded in the Minutes of that Council meeting.

An ‘informal meeting of Councillors’ is defined in the Governance Rules as a meeting of Councillors that:

• is scheduled or planned for the purpose of discussing the business of Council or briefing Councillors;

• is attended by at least one member of Council staff; and

• is not a Council meeting, Delegated Committee meeting or Community Asset Committee meeting.

The records for informal meetings of Councillors are attached to the report.

RECOMMENDATION

That the following records of the informal meetings of Councillors, copies of which are attached to the report, be received and noted

1. 3 August 2021 - Council Briefing⇩

2. 3 August 2021 - Council Forum⇩


3 August 2021 - Council Briefing


Informal meeting of Councillors

Public Record

Meeting Name: Council Briefing

Date: 3 August 2021 Start Time: 6.33pm Finish Time: 6.39pm

Venue: Via videoconference

Attendees:

Councillors: Cathrine Burnett-Wake, Jim Child, David Eastham, Richard Higgins, Fiona McAllister, Johanna Skelton & Sophie Todorov

CEO/Directors: Tammi Rose, Andrew Hilson, Mark Varmalis & Jane Price

Officers: Steve Jones & Sarah Candeland

Apologies Councillors Len Cox and Tim Heenan

Declarations of Interest:

Nil

Matter/s Discussed:

The briefing covered the following items of business to be considered at the 10 August 2021 Council Meeting

7.1 Old Gippsland Road (West of Hillside Court), Lilydale Intention to Levy a Special Charge

7.2 Roma Avenue Road Group, Badger Creek Intention to Levy a Special Charge

7.3 Russell Road Group, Seville Intention to Levy a Special Charge

7.4 Mont Vue, Lilydale Intention to Levy a Special Charge

Completed By: Sarah Candeland


3 August 2021 - Council Forum


Informal meeting of Councillors

Public Record

Meeting Name: Council Forum

Date: 3 August 2021 Start Time: 7.00pm Finish Time: 9.47pm

Venue: Via videoconference

Attendees:

Councillors: Cathrine Burnett-Wake, Jim Child, Len Cox, David Eastham, Tim Heenan, Richard Higgins, Fiona McAllister, Johanna Skelton & Sophie Todorov

CEO/Directors: Tammi Rose, Andrew Hilson, Mark Varmalis, Kathleen McClusky, Jane Price & Jane Sinnamon

Officers: Abby McCarthy, Alannah Ford, Allison Southwell, Ashley Tenson, Paul Mechelen, Phil Murton, Terry Jenvey, Cathrine Bennett, Steve Jones & Sarah Candeland

Apologies Nil

Declarations of Interest:

Nil

Matter/s Discussed:

1.1 Actions and Agreements Records - 20 July 2021

1.3 Discussion following the June storm and potential changes to the Tree Policy

1.4 Former Yarra Hills Secondary College School site at 150 Cambridge Road, Kilsyth

1.5 Councillor Statement of Intent - Check In

2.1 Major Projects Quarterly Report up to end of June 2021

2.2 Organisational Performance Report to Councillor April to June 2021

2.3 Indicative Forum & Council Meeting Schedule

2.4 Mayor & CEO Updates

Completed By: Sarah Candeland


13. REPORTS FROM DELEGATES

14. CONFIDENTIAL ITEMS

In accordance with section 66(2)(a) of the Local Government Act 2020

There were no Confidential Items listed for this meeting.

15. DATE OF NEXT MEETING

The next meeting of Council is scheduled to be held on Tuesday 14 September 2021 commencing at 7.00pm, via videoconference.

In providing for the good governance of its community, Councillors are

reminded of their obligation to abide by the provisions as set within the Local Government Act 2020 and the Code of Conduct for Councillors.

When attending a Council Meeting, Councillors should adhere to the procedures set out in the Governance Rules developed by Council in

accordance with section 60 of the Local Government Act 2020.

The following is a guide for all Councillors to ensure they act honestly, in good faith

and in the best interests of Yarra Ranges as a whole.

1. Councillors will respect the personal views of other Councillors and the decisions of Council.

2. Councillors may publicly express their own opinions on Council matters but not so as to undermine the standing of Council in the community.

3. The Mayor is the official spokesperson for Council.

4. Councillors will incur expenditure in a responsible manner and in accordance with the Councillor Expenditure and Policy.

5. Councillors will avoid conflicts of interest and will always openly disclose any direct and indirect interests where they exist.

6. Councillors will act with integrity and respect when interacting with Council staff and members of the public.

7. Councillors will demonstrate fairness in all dealings and conduct and be open with and accountable to the community at all times.

8. Councillors will conduct themselves in a manner that does not cause detriment to Council or the Yarra Ranges community.

council meeting tuesday 24 august 2021 agenda

Documents