Minutes of Council Meeting - Monday, 14 November 2022

Whitehorse City Council

Council Minutes 14 November 2022

Meeting opened at 7:00pm

Present: Cr Mark Lane Mayor

Cr Prue Cutts Deputy Mayor

Cr Blair Barker

Cr Raylene Carr

Cr Andrew Davenport

Cr Tina Liu

Cr Denise Massoud

Cr Amanda McNeill

Cr Andrew Munroe

Cr Trudy Skilbeck

Cr Ben Stennett

Officers: Simon McMillan Chief Executive Officer

Jeff Green Director City Development

Lisa Letic Director Community Services

Steven White Director Infrastructure

Vivien Ferlaino Manager Governance and Integrity

Carolyn Altan Manager Strategic Communications and Customer Service

Kerryn Woods Coordinator Governance

Sharon Lozsan Senior Governance Officer

1 PRAYER

Prayer for Council

We give thanks, O God, for the Men and Women of the past whose generous devotion to the common good has been the making of our City.

Grant that our own generation may build worthily on the foundations they have laid.

Direct our minds that all we plan and determine, is for the wellbeing of our City.

Amen.

Aboriginal Reconciliation Statement

“Whitehorse City Council acknowledges the Wurundjeri Woi-wurrung people of the Kulin Nation as the traditional owners of the land we are meeting on and we pay our respects to their Elders past, present and emerging and Aboriginal and Torres Strait Islanders from communities who may be present today.”

2 Welcome

The Mayor welcomed all

3 Apologies

Nil

4 Disclosure of Conflict of Interests

None disclosed

5 Confirmation of Minutes of Previous Meetings

Minutes of the Council and Confidential Council and Special Council and Confidential Special Council Meeting 24 October 2022, and the Council Meeting 09 November 2022

Council Resolution

Moved by Cr Stennett, Seconded by Cr Liu

That the minutes of the Council and Confidential Council and Special Council and Confidential Special Council Meeting 24 October 2022, and the Council Meeting 09 November 2022 having been circulated now be confirmed.

Carried Unanimously

6 Public Presentation

Nil

7 Petitions and Joint Letters

Nil

8 Public Question Time

K Montgomery, Forest Hill

Question 1

Why have Whitehorse council taken up a lobbying position for the overdevelopment of Davy Lane Reserve, evident in an email from the VSCC, in contravention of the impartiality and receptiveness to honest community feedback expected from council?

Response

Council has engaged broadly with a diverse range of stakeholders including local residents, sporting stakeholders and conservation groups regarding the proposed development plans for Davy Lane Reserve.

Our engagement approach has included local notification to approximately 600 residents, in-park community feedback sessions, a feature in Whitehorse News and profiled the project on our Facebook and website.

This broad ranging engagement approach was developed to ensure that a representative view is captured from a cross-section of the community. This will ensure that officers have a current understanding of the whole of community pulse towards the proposal.

Ultimately it will be up to Council to determine the future of Davey lane Reserve once all the information and feedback is presented to them.

Question 2

Precisely how many games and training sessions for women's and girls' cricket and football were cancelled in the last three years due to the unavailability of Davy Lane reserve?

Response

In Whitehorse, women and girls participation in traditionally male-dominated sports such as football, soccer and cricket more than tripled from 21 teams in 2015 to 69 teams (1300+ players) in 2021. Almost two-thirds of this growth is at clubs in the eastern end of the municipality (east of Blackburn Road, within 3.5km of Davy Lane).

Coupled with stable participation rates for male teams, the sports fields in the area are overused and, in some timeslots, there is not enough availability for everyone wanting to play. In winter, ovals are used for up to 111% of their recommended levels causing turf issues and mid-week evening training slots under lights are full. In summer, Friday night junior cricket and Saturday afternoon senior cricket have no more available sports fields for matches, with any additional usage having to be turned away or hosted in other municipalities.

This pressure on sporting facilities is expected to increase over time as Whitehorse’s population continues to grow. More than 40,000 extra residents will call Whitehorse home between now and 2041 as the expected population climbs to over 221,000 people.

With all this in mind it is worth noting that whilst the activation of Davy Lane would greatly assist in creating more opportunities for people to play sport, Davy Lane will not completely address the over subscription and over use of our sporting fields.

Looking forward Council will need to continue to explore further opportunities such as school partnerships to unlock more sporting fields so that those who want to play sport can and can do so safely.

P Carter, Box Hill North

Question 1

Regarding the Easy Ride Network I have forwarded an email to the CEO, and to the former Mayor, with suggestions how to better engage and encourage the ‘interested but concerned’ cyclist to access and ride the Easy Ride Network.

However, the proposed review has meant that the ERN rollout has stopped for the foreseeable future. There also has been no additional designs of Easy Ride Routes since 2017 when the 6 Priority Routes were prepared.

Given the review is delaying the roll out of the ERN, what is the expected time frame for completion of the review?

Response

Council has accelerated the Easy Rides Routes (ERR) program to implement the top 6 priority routes. Officers are currently developing an additional North South ERR where a gap has been identified central to the municipality. There are no plans to implement any further ERR next financial year.

It is considered appropriate that a thorough evaluation and review of the ERR Program is completed before any further ERR Routes are designed and implemented.

The review and evaluation is planned to be carried out during the 2023/24 financial year.

Question 2

The Whitehorse Bicycle Strategy uses the Geller categorisation of a population into 4 groups, regarding their attitude to cycling for transportation (versus recreational) 60% of the population is categorised as ‘interested but concerned’. This group requires a network of ‘direct, continuous low stress roads’ to encourage them to ride.
The 6 Priority routes clearly are not a network; also some points on the routes are high stress, and will deter the target cyclist from riding.

How will the City of Whitehorse identify which of those cyclists riding the 6 routes, are from the target group; the ‘interested but concerned’ group?

Response

As part of Council’s review and evaluation of ERRs implemented, consideration will be given to various engagement and consultation methods to obtain this information.

9 Notices of Motion

Nil

10 Urgent Business

Nil

11 Council Reports

Whitehorse City Council

Council Minutes 14 November 2022

11.1 Demolition of Unoccupied Buildings - Silver Grove Precinct

Project Delivery and Assets

Director Infrastructure

ATTACHMENT

SUMMARY

Following the relocation of community groups to the newly developed Nunawading Community Hub in September 2020, the various buildings on the Silver Grove precinct, Nunawading have been mostly vacant. The Nunawading Community Centre building was used briefly by Working for Victoria, and as a COVID testing station. The Meals on Wheels/Senior Citizens Centre was leased until the end of October 2022 by the Department of Health for the drive through COVID Testing centre. It was being used for Performing Arts Centre storage during the construction of the Whitehorse Performing Arts Centre, however an alternative site is now being used.

All buildings in the precinct have had the doors and windows hoarded up to discourage vandalism and break-ins.

The eight smaller facilities in the precinct are in the planning stages for demolition and funding for this work is included in the 2022/23 Budget.

The Meals on Wheels/Senior Citizens building and the Community Centre have been subject to vandalism and squatting, resulting in a fire risk and possible injury to unauthorised occupants.

Attachment 1 includes photos of the current condition and Attachment 2 provides an overview of the site.

It is proposed Council allocate additional funding in 2022/23 for the demolition of the Community Centre and Meals on Wheels / Senior Citizens Centre buildings.

Council Resolution

Moved by Cr Massoud, Seconded by Cr Cutts

That Council allocates $350,000 from the 2022/23 Capital Works Program to undertake the immediate demolition of the buildings at the Silver Grove precinct (formerly the Nunawading Community Centre and Meals on Wheels/Senior Citizens Centre building).

Carried Unanimously

Key Matters

The significant cost of ongoing repairs and maintenance is increasing due to the escalation of vandalism incidents at the site.

There is a heightened risk to Council of harm to the public and infrastructure failure as a result of increased frequency and severity of vandalism incidents.

There is no current or planned use for the former Nunawading Community Centre and Meals on Wheels/Senior Citizens Centre buildings.

Strategic AlignmenT

This recommendation supports the Council Plan Strategic Direction 4 – Our Built Environment; Movement, and Public Places.

Objective 4.1: Assets, facilities and urban designs of a quality that provides the highest levels of utility and enhances the connection between the built, natural, heritage and social environments.

Strategy 4.1.1: Plan, build, renew and maintain community assets and facilities to meet current and future service needs in an environmentally, financially and socially sustainable way.

Policy

This action is supported by the Asset Management Policy which requires Council to effectively and safely manage Council’s assets on behalf of the community.

There is no current or planned use for the former Nunawading Community Centre and Meals on Wheels/Senior Citizens Centre buildings.

backgrounD

Following the relocation of community groups to the newly developed Nunawading Community Hub in September 2020, the various buildings on the Silver Grove precinct, Nunawading have been mostly vacant and not used for Council provided services or activities. The significant cost of ongoing repairs and maintenance for these buildings is increasing due to the escalation of vandalism incidents at the site.

Discussion and Options

There is a heightened risk to Council of harm to the public and infrastructure failure as a result of increased frequency and severity of vandalism incidents.

The current estimated cost to repair and restore the Community Centre building, if it was desired for community use is over $1,000,000.

Demolition of these buildings is considered the best option for financial sustainability and risk mitigation control.

SUPPORTING REPORT DETAILS

Legislative and Risk Implications

Council is legally liable for the buildings at Silver Grove and has a duty of care to ensure that public access is prohibited to unsafe areas.

While Council can provide ongoing maintenance and repairs, this area is likely to be subject to ongoing vandalism and break-in due to its isolation and obvious inactivity. The ongoing vandalism and break-in entries present a serious risk for Council.

Equity, Inclusion, and Human Rights Considerations

In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Charter of Human Rights and Responsibilities Act 2006.

It is considered that the subject matter does not raise any human rights issues.

Community Engagement

There are no services currently operating from the precinct.

The recommended demolition of the buildings is based on community safety and site amenity considerations. No decision on the future use of the Silver Grove precinct has been made by Council, however there is no current or planned future use for the buildings.

No community engagement was undertaken in preparing this report.

Financial and Resource Implications

While the buildings remain unoccupied there are on-going and escalating costs to maintain Essential Safety Measures and respond to vandalism and break-ins.

Since September 2020, the cost of reactive repairs, programmed works and Essential Safety Measures at the Community Centre building alone has totalled $53,629.27. Maintenance and repair costs for the other facilities within the precinct during that same time period amount to $36,215.21

Council officers attend the precinct three times a week to ensure the hoardings remain intact and any vandalism is made safe. In addition a nightly security patrol has been put in place to improve surveillance and provide a visible deterrent to vandals.

Council approved a new budget initiative of $150,000 in 2022/23 to support demolition of the ‘outer buildings’, and this project is proceeding with the abolishment of services, and finalisation of hazardous materials reports, to allow demolition to proceed prior to the end of this calendar year.

The cost to demolish the Nunawading Community Centre and Meals on Wheels/ Senior Citizens buildings has been estimated at $350,000 which includes removal of asbestos. It is proposed Council allocate additional funding in the 2022/23 Capital Works budget from overall program savings for the demolition of the Community Centre and Meals on Wheels / Senior Citizens Centre buildings.

Pending Council approval, this additional scope of works could be undertaken concurrently with the planned demolition of the outer buildings.

Innovation and Continuous Improvement

There are no Innovation and Continuous Improvement matters arising from the recommendation contained in this report.

Collaboration

No collaboration was required for this report.

Conflict of Interest

Council officers involved in the preparation of this report have no conflict of interest in this matter.

Conclusion

Demolition of these buildings is considered the best option for financial sustainability and risk mitigation control.

Allocation of funding from the 2022/23 Capital Works Program would allow demolition to occur quickly and eliminate risk exposure for Council and the community.

Attachment

1 Nunawading Community Centre Photos July 2022

2 Silver Grove Precinct - Aerial View August 2022

Whitehorse City Council

Council Minutes 14 November 2022

11.2 Whitehorse Manningham Regional Library Corporation 2021/2022 Annual Report

Community Services

Director Community Services

ATTACHMENT

SUMMARY

The Whitehorse Manningham Regional Library Corporation board endorsed its 2021/22 annual report on 19 October 2022 and it is now presented to Council to note.

Council Resolution

Moved by Cr Skilbeck, Seconded by Cr Liu

That Council note the Whitehorse Manningham Library Annual Report for 2021/2022.

Carried Unanimously

Key Matters

The Whitehorse Manningham Regional Library Corporation Annual Report presents highlights, challenges and achievements for the 2021/22 financial year together with:

a) A report of operations;

b) An audited performance statement;

c) Audited financial statements;

d) A copy of the auditor’s report on the performance statement;

e) A copy of the auditor’s report on the financial statements under Part 3 of the Audit Act 1994;

f) Any other matters required by the Section 98 of the Local Government Act 2020 (the Act).

This report is now provided to Council as a member Council for noting.

Strategic Alignment

Libraries directly support the achievement of Whitehorse City Council’s Community Vision and Council Plan through its contribution to supporting multigenerational connections, improved mental health and wellbeing, education, providing a sense of place and belonging and reducing social isolation.

background

The Whitehorse Manningham Regional Library Corporation provides library services from eight branch libraries, four in each municipality, and provides services to an estimated population of almost 300,000 people.

It has been another challenging year for the library and its members due to the pandemic however the Annual report illustrates how the library team have adapted service provision and continued to provide services to the community.

Some of the highlights for the 2021/22 Financial Year are:

· Over two million loans

· 103,961 Library Members including 10,424 new members (up 1.3% on previous year).

· 529,358 visits to library branches.

· Launch of the new Library App.

· Delivery of the Healthy Me Healthy Planet project, offering a series of free public programs and a community challenge.

· Participation in the statewide Libraries Change Lives and Return Yourself to the Library marketing campaigns.

· Friends of the Library held their first bi-annual book sale in over 2 years on 28 May 2022. A successful event with 100 attendees.

· Enhancing digital inclusion through the provision of 71 eTech classes held with 410 attendees.

· 1647 programs and events delivered to 30,726 attendees.

Libraries continued to play an important role in supporting the Whitehorse and Manningham Communities through periods of lockdown and the team are acknowledged for their ability to keep services accessible to the community through adapting provision and implementing initiatives such as contactless click and collect, home delivery services and online programs.

There are many other achievements discussed in the Annual Report provided as an attachment to this report.

Discussion and Options

As this report is for noting of the Whitehorse Manningham Regional Library Corporation Annual Report 2021/22 only, no other options are proposed.

SUPPORTING REPORT DETAILS

Legislative and Risk Implications

The Annual Report has been prepared in accordance Sections 131 of the Local Government Act (Vic) 1989. For clarity, regional library corporations are required to comply with the 1989 Act. The WMRLC Board endorsed the Annual Report on 19 October, and it will now be published on the library website and a copy forwarded to the Minister of Local Government.

There are no legal or risk implications arising from the recommendation contained in this report.

Equity, Inclusion, and Human Rights Considerations

In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Charter of Human Rights and Responsibilities Act 2006. It is considered that the subject matter does not raise any human rights issues.

Community Engagement

No community engagement was required for this report.

Financial and Resource Implications

There are no financial or resource implications arising from the recommendation contained in this report.

The WMRLC Annual report includes the Financial Report for the 2021/22 FY which was approved by the Library Board at its meeting on 24 August 2022. The Corporation received the Auditor General’s report dated 8 September 2022 with a signed, unqualified opinion on the Financial Statements and Performance Statement.

Whitehorse City Council contributed $5,548,000 (excluding GST) to the corporation in 2021/22 in accordance with its obligations in the Whitehorse Manningham Regional Library Agreement.

Collaboration

The Whitehorse Manningham Regional Library Corporation exists to provide library services to the communities of Whitehorse and Manningham. Both Council’s collaborate in the governance of this arrangement, through the provision of infrastructure, joint planning and program delivery.

Conflict of Interest

Council officers involved in the preparation of this report have no conflict of interest in this matter.

Conclusion

Libraries provide communities with safe spaces, digital access, information resources and opportunities to connect, learn and grow. These opportunities are detailed in the Annual Report which represents the operations, financial position and performance of the Whitehorse Manningham Libraries in respect of the 2021/22 financial year.

Attachment

1 WMRLC Annual Report 2021/ 2022

Whitehorse City Council

Council Minutes 14 November 2022

11.3 Bi-annual Audit and Risk Committee Report

Governance and Integrity

Director Corporate Services

ATTACHMENT

SUMMARY

This report provides an update on the Audit and Risk Committee activities from April to September 2022.

Under Section 54(5) of the Local Government Act 2020, the Audit and Risk Committee must prepare a biannual report which the Chief Executive Officer must table at the Council meeting. This bi-annual audit and risk report describes the activities of the Committee and includes its findings and recommendations.

Council Resolution

Moved by Cr Massoud, Seconded by Cr Davenport

That Council Note the Bi-annual Audit and Risk Committee Report.

Carried Unanimously

Key Matters

The key objective and purpose of the Audit and Risk Committee is to “provide independent advice and assistance to the Council and Chief Executive Officer on the City’s risk, control and compliance framework, and its external accountability and legislative compliance responsibilities”.

Meetings of the Council’s Audit and Risk Committee were held on 16 May, 29 August and 19 September 2022. All members of the ARC were present for all or part of the three meetings together with the CEO, all Directors and other officers as required.

The purpose of this report is to brief the Council on the key proceedings and outcomes of the Committee’s activities, provide general commentary on key recommendations/observations received from the Victorian Auditor General and/or internal auditors, as well as provide opportunity for discussion and review of the audit program, litigation matters, fraud prevention and awareness program.

Strategic Alignment

Objective 8.3: Good Governance and Integrity

Policy

Audit and Risk Committee Charter

SUPPORTING REPORT DETAILS

Legislative and Risk Implications

Under Section 54(5) of the Local Government Act 2020, the Audit and Risk Committee must prepare a biannual report which the Chief Executive Officer must table at the Council meeting. This bi-annual audit and risk report describes the activities of the Committee and includes its findings and recommendations.

Equity, Inclusion, and Human Rights Considerations

It is considered that the subject matter does not raise any human rights issues.

Community Engagement

No community engagement was required for this report.

Financial and Resource Implications

There are no financial or resource implications arising from the recommendation contained in this report.

Innovation and Continuous Improvement

Internal Audits raise matters and actions for Council to address and improve processes and systems.

Collaboration

All members of the Audit and Risk Committee were consulted in preparation of this report.

Conflict of Interest

Council officers involved in the preparation of this report have no conflict of interest in this matter.

Conclusion

The Council is to note this report as required under Section 54(5) of the Local Government Act 2020.

Similar reports will be provided to the Council on a six monthly basis.

Attachment

1 Bi-annual Audit & Risk Committee Report - May - September 2022

Whitehorse City Council

Council Minutes 14 November 2022

11.4 Adoption of Terms of Reference for Whitehorse Sport and Recreation Reference Group (formerly Network)

Leisure and Recreation Services

Director Community Services

ATTACHMENT

SUMMARY

The Whitehorse Sport and Recreation Network (the WSRN) has been in existence since 2002 to provide Council with advice and guidance on the future of sport and recreation development within the City of Whitehorse, with membership made up of two Councillors and ten community members.

The Leisure and Recreation Services Department administer the WSRN meetings in line with the Terms of Reference (TOR) with seven meetings held each year. The TOR for the WSRN were endorsed by Council in 2002 and they have remained essentially unchanged since this time (provided as Attachment 1).

The implementation of The Local Government Act 2020, has resulted in an array of changes for local Councils, including the removal of Advisory Committees from the new legislation. As a result, Council initiated a review of its existing advisory committees to reassess their purpose going forward.

The WSRN determined that in reviewing the WSRN role and purpose, the TOR need to be amended to better reflect the purpose served by the WSRN – both for Council and for the Whitehorse community. It was agreed that the membership would become a Reference Group; like other Reference Groups it will work directly with Council officers to provide community input to any sport and recreation matters with a strategic approach.

The new TOR have been developed with endorsement by the WSRN and have been drafted for adoption (provided as Attachment 2). The new TOR for the Whitehorse Sport and Recreation Reference Group (Reference Group) will replace the former TOR for the WSRN.

To give effect to the TOR, Council will need to commence the recruitment of ten community representatives for the 2023-2024 Reference Group.

Council Resolution

Moved by Cr Cutts, Seconded by Cr Stennett

That Council endorse the:

1. Establishment of the Whitehorse Sport and Recreation Reference Group

2. Dissolution of the Whitehorse Sport and Recreation Network

3. Terms of Reference for the Whitehorse Sport and Recreation Reference Group with the removal of the wording ‘Council Staff will be appointed to the reference group from time to time’, provided as Attachment 2

4. Budget allocation of $3,000 per annum for the expenses of the Whitehorse Sport and Recreation Reference Group

Carried

Key Matters

The WSRN identified several key changes needed for the new TOR:

1) Community members to better represent the diversity of the community who are or could be engaging in physical activity (i.e. not just organised sporting clubs)

2) The role of the group to be:

a. More strategic, providing advice and feedback on matters impacting physical activity across the municipality;

b. More proactive, utilising own networks to identify opportunities and challenges for the physical activity community; and

c. A conduit for Council’s consultation and engagement with sport, recreation and leisure people and places.

3) Community members to have maximum terms and split terms to both enable fresh ideas with new representatives and enhance continuity of the group from year to year.

These changes were addressed in the new TOR as follows:

1) Recruitment to seek community members with the following attributes:

a. Diversity of sport and recreation-related interests and knowledge including organised sport, active recreation, passive recreation, nature play, club development, community development and education, volunteer management, participation and open space;

b. Representation of members of different local community groups/clubs/activities;

c. Representation of a variety of sectors in the municipality, including community agencies, business, education, and interested citizens;

d. A mix of skills and attributes to complement other members of the Reference Group; and

e. Members will be selected on the merits of their skills and their ability to contribute to ensuring the attributes are achieved.

2) Clearly defined purpose, objectives, member responsibilities and reporting procedure, specifically:

a. The purpose of the Reference Group is to provide a mechanism for Council to consult with key stakeholders from sport and recreation activity groups within the City of Whitehorse, seek specialist opinion and enable community participation in sport and recreation-related issues, initiatives, policies and strategies.

b. Objectives to include:

i. Provide a forum for sport and recreation-related issues of interest and concern for Whitehorse to be reviewed and considered prior to Council decision making processes on all aspects of the sport, recreation and leisure environment;

ii. Assist in the preparation or review of key sport and recreation-related strategies and policies;

iii. Provide input on issues impacting upon sport and recreation within the Whitehorse community; and

iv. Provide coordination, liaison and communication with other Council appointed community groups and key external stakeholders.

c. Member responsibilities to include:

i. Demonstrate an understanding of diverse sport and recreation-related issues relevant to Whitehorse including through active engagement with own networks;

ii. Understand the role of local government in community sport, recreation and leisure;

iii. Promote engagement opportunities with the Whitehorse sport, recreation and leisure community through own networks;

iv. Keep informed on current developments, issues and concerns in relation to sport, recreation and leisure environments;

v. Have knowledge of State Government policy and current issues regarding sport, recreation and leisure environments; and

vi. Be an active member or participant of at least one Whitehorse sport, recreation or physical activity or group.

d. Reporting procedure to include:

i. The Reference Group is not a formal committee but rather a group that is established by Council to provide advice and input so that staff can use that advice in operational matters and when preparing advice to Council; and

ii. Recommendations made by the Reference Group require consideration and approval by Council or Council’s delegate before being fully endorsed and acted upon.

3) Terms of appointment specifies:

a. Community representatives will be appointed by Council for a two (2) year term;

b. Members may be appointed for a maximum of two (2) terms in succession; and

c. Terms of appointment will be staggered over the two year term so as to provide continuity of membership, with five (5) members being appointed for a two (2) year term every 12 months. For the first 12 months of operation of the Reference Group, five (5) members will be appointed for a 12 month term and five (5) members will be appointed for a two (2) year term.

Other Considerations

The original WSRN TOR was endorsed in 2002 and had been identified by members of the WSRN over several years that the existing TOR is vague and outdated and as such needed to be amended.

The new TOR were consistent with the format and content of the recently formed Environment and Sustainability Reference Group, inclusions of which were benchmarked across TOR for similar reference groups in other municipalities.

It is important that Council now reviews and considers whether the proposed new TOR for the Reference Group (provided as Attachment 2), satisfactorily meets Council’s needs.

The purpose of the Reference Group and the TOR will be reviewed in two years.

Strategic Alignment This report – in seeking support to coordinate a group of community members for Council to better engage with to facilitate improved service delivery for sport and recreation in the municipality – aims to advance a number of Council strategies, specifically:

Council Plan

Strategic Direction 1 – Innovation, Transformation and Creativity

1.3 Facilitate and encourage creativity and innovation within the community.

1.4 Support improved information, better information sharing and delivery for users.

Strategic Direction 3 – Diverse and Inclusive Community, underpinned by two objectives:

3.1 Increase social inclusion, community participation and access to community services.

3.2 Celebrate difference and lead the community towards greater cohesion.

Strategic Direction 4 – Our Built Environment, movement and public places, underpinned by two objectives:

4.3 Provide active public spaces which are accessible by all, where people feel safe and connected with others in the community.

4.4 Facilitate opportunities for the community to interact and immerse with natural and built environments

Strategic Direction 6 – An Empowered Collaborative Community, underpinned by two objectives:

6.1 Engage with the community collaboratively and in partnership to hear their views on what needs to be done.

6.2 Create opportunities for every person in the community to be listened to and included in community decision-making processes.

Strategic Direction 7 – Health and Wellbeing, underpinned by four objectives:

7.2 Educate the community to maximise their access to healthy lifestyles, encompassing mind, body and spirit.

7.3 Enhance social connection within the community by facilitating social support groups for those in need, and provide opportunities for participation and community involvement.

7.4 Seek to protect, improve and promote public health and wellbeing within the municipal district.

7.5 Prevent, prepare, respond to and recover from emergencies and disasters.

Strategic Direction 8 – Governance and Leadership, underpinned by objective 8.3 Good Governance and Integrity

Further, there are several themes and key priority areas of the Whitehorse Community Vision (by 2040) that are supported by the purpose and objectives of the Reference Group, namely:

Whitehorse Community Vision

Theme 1 – Diverse and Inclusive Community

Theme 6 – Whitehorse is an Empowered Collaborative Community

Theme 7 – Health and Wellbeing

Policy

The purpose of the Reference Group includes to provide a mechanism for Council to consult with key stakeholders around sport and recreation-related issues, initiatives, policies and strategies. The existing relevant policies and strategies are listed below:

- Council Plan

- Council Vision

- Health and Wellbeing Plan

- Recreation Strategy

- Pavilion Development Policy

- Floodlighting Policy – outdoor sport and recreation

- Open Space Strategy

- Play Space Strategy

- Cycling Strategy

- Sporting Facilities Guide

- Use/Access of Council Parks and Sportsfields Policy

- Community Engagement Policy

background

In early 2022 a review of the WSRN was undertaken (purpose, delivery and support requirements) seeking to create a TOR that more accurately reflects the role of the group needed to support Council to provide the best services for the community for sport, recreation and leisure.

The new TOR were developed in consultation with the WSRN at their meetings on 17 March, 21 April and 19 May 2022.

Discussion and Options

If Council does not endorse the recommendations contained within this report, the WSRN would continue to operate as per the existing TOR. The implications of this would be reducing improvement for our community and customer experience and is not supportive of best practise approach to service delivery for sport and recreation.

SUPPORTING REPORT DETAILS

Legislative and Risk Implications

There are no legal or risk implications arising from the recommendation contained in this report.

Equity, Inclusion, and Human Rights Considerations

It is considered that the subject matter does not raise any human rights issues.

Community Engagement

No community engagement was required for this report as the WSRN members were engaged with throughout the process.

Financial and Resource Implications

Council’s budget has historically provided an amount of $4,300 per annum for the operational expenses of the WSRN such as presentations by industry experts, facility site tours etc.

Under the new TOR it is proposed that this will remain with some reduction, with Council’s budget to provide an allocation of $3,000 per annum for expenses associated with the operations and purpose of the Reference Group, to be authorised by the secretariat.

Innovation and Continuous Improvement

There are no Innovation and Continuous Improvement matters arising from the recommendation contained in this report.

Collaboration

No collaboration was required for this report.

Conflict of Interest

Council officers involved in the preparation of this report have no conflict of interest in this matter.

Conclusion

The TOR for the Reference Group have been drafted to better reflect the purpose served by the WSRN – both for Council and for the Whitehorse community – and support improvements in governance, customer experience and service delivery.

The Reference Group will provide a mechanism for Council to consult with key stakeholders from sport and recreation activity groups within the City of Whitehorse, seek specialist opinion and enable community participation in sport and recreation-related issues, initiatives, policies and strategies.

With endorsement of the recommendations contained within this report, officers will commence recruitment for the new Whitehorse Sport and Recreation Reference Group ten community members for the 2023 and 2024 membership terms.

Attachment

1 FINAL (current) Whitehorse Sport and Recreation Network - Terms of Reference (current 2020-2022)

2 DRAFT (new) Whitehorse Sport and Recreation Reference Group - Terms of Reference - November 2022

Whitehorse City Council

Council Minutes 14 November 2022

11.5 Tender Evaluation (Contract 30391) - Municipal and Specialised Facility Cleaning Services

Arts and Cultural Services

Director Community Services

ATTACHMENT

SUMMARY

To consider tenders received for the provision of Municipal and Specialised Cleaning Services and to recommend the acceptance of the tenders received from a panel of service providers, as set out below, for each of five different services on a Lump Sum basis for services and a schedule of rates, for a period of three years commencing 1 December 2022 with an option to extend for a further two years at the CEO’s discretion; and to consider the estimated expenditure over the life of the contract for the amount of $8.8M, including GST.

Council Resolution

Moved by Cr McNeill, Seconded by Cr Barker

That Council:

1. Accept the following tender’s received and sign the formal contract document for Contract 30391 Municipal and Specialised Facility Cleaning Services, on a Hybrid basis (both lump sum and schedule of rates) for a period of 3 years with an option to extend for a further 2 years at the discretion of the Director of Community Services under delegation of the Chief Executive Officer commencing on 1 December 2022 for the following contractors:

Cleaning Melbourne Pty Ltd (ABN 54 160 063 325) registered address Suite 1, Level 1, 78 Main Street, Greensborough VIC 3088 as submitted 26^th August 2022

· Section A – Provision of Cleaning Services for Community Facilities (including Nunawading Community HUB, Senior Citizens Centre, Mountain View Cottage, Food Services Distribution Centres at Nunawading and Box Hill, Forest Hill Customer Service Centre, Community Halls, Venue Hire Facilities and some Leased / Co-Shared Facilities)

· Section D - Provision of Cleaning Services for Sporting Facilities (including Aqualink Box Hill, Aqualink Nunawading and Sportlink)

Blue Sky Services (VIC) Pty Ltd (ABN 65 151 650 298) of 22 Winterton Road, Clayton VIC 3168 as submitted on 30^th August 2022

· Section B - Provision of Cleaning Services for Arts and Cultural Facilities (including: Box Hill Town Hall, Box Hill Community Arts Centre, the Performing Arts Centre, Civic Foyer and Civic Suite, Willis Room and Courtyard Room)

· Section C - Provision of Cleaning Services for Children’s Facilities (including: Maternal and Child Health Centres, Childcare Facilities and Kindergartens)

· Section E - Provision of Cleaning Services for Civic Facilities (Including Waste and Recycle centre, the Nursery and Operations Centre)

2. Authorise the Director of Community Services under the delegation of the Chief Executive Officer to award an extension of this contract, subject to a review of the Contractor’s performance and Council’s business needs, at the conclusion of the initial 3 year contract term.

Carried Unanimously

Key Matters

The corporate cleaning contract is a critical service contract. The previous cleaning contract was endorsed by Council in June 2019 with an option for a two year extension. The evaluation panel in consultation with the area managers agreed that it would be pertinent to re-visit the market given that two of the three years of the contract were in a COVID19 environment and subsequently the market looks very different today than it did in 2019. The current contract also did not accommodate the flexibility or address the needs of Council within such an unprecedented environment. Council is in a better position now having successfully navigated through the previous contract. As such it was agreed to re-tender and not take out the additional two year option.

The contract has also been constructed in such a way that Council can roll in and out facilities throughout the course of the agreement including facility closures, new builds and additional Council’s, should the option for collaboration arise before the end of the contract period.

Background

Whitehorse City Council has sought a range of suitably qualified and experienced contractors to undertake Council’s municipal and specialised facility cleaning service requirements across various council assets. Council is committed to delivering facilities and services of the highest standard to our community and is always striving to improve performance.

Previously Council held a number of individual cleaning contracts which were due to expire or have expired over recent months and currently have interim contract arrangements in place. It was determined that Council could achieve best value by further aggregating its cleaning requirements and developing a panel for the provision of this critical service.

Further to this Council is committed to fostering a sustainable and liveable city and has incorporated the need for environmental, local and social policies within the requirements of the tender.

Interested parties were asked to reflect this commitment in their tender submissions and provide safe and innovative solutions to meeting Council’s expectations in this space.

Council required tenderers to respond to any or all of the following services:

· Section A – Provision of Cleaning Services for Community Facilities (incl. Nunawading Community Hub, Community Halls, Senior Citizens Centres, Mountain View Cottage, Food Services Distribution Centres at Nunawading and Box Hill, Forest Hill Citizens Service Centre, Blackburn Lake Visitors Centre and Forest Hill Customer Service Centre)

· Section B - Provision of Cleaning Services for Arts and Cultural Facilities (incl. Box Hill Town Hall, Box Hill Community Arts Centre, and Civic Suite, Schwerkolt Cottage and Strathdon House and Orchard Precinct)

· Section C - Provision of Cleaning Services for Children’s Facilities (incl. Maternal and Child Health Centres, Childcare Facilities and Kindergartens)

· Section D - Provision of Cleaning Services for Sporting Facilities (including Aqualink Box Hill, Aqualink Nunawading and Sportlink)

· Section E – Provision of Cleaning Services to specified Civic Operational Facilities (incl. Waste and Recycle Centre, Nursery and Operations Centre/Depot)

Council reserved the right to award any part of this contract to a panel of contractors. The term of the contract is 3 years commencing on 1 December 2022, with an option to extend the contract for a further 2 years at Council’s discretion.

The tender was advertised in The Age Newspaper on Saturday 24 July 2022 and closed on Wednesday 30 August 2022. Nineteen (19) tenders were received, some of which tendered for multiple services across the five areas covered in the specification. Two (2) Submissions that were considered best value have been recommended for the panel. The tenders were evaluated against the following criteria and weightings:

· Price (40%)

· Capability (30%)

· Credibility (15%)

· Social (5%)

· Environmental Sustainability (5%)

· Local Content (5%)

· Occupational Health & Safety and Equal Opportunity (Pass/Fail)

· Mandatory Tour (Pass/Fail)

· Shortlisted Interview (Pass/Fail)

The tender identified five different services with some contractors seeking to tender for single or multiple services. Given the volume of work likely to be generated through the panel, the Evaluation Panel determined that a panel of two (2) providers was appropriate for each of the five service areas, and accordingly, the contractors have been selected based on their ratings against the above criteria.

The tender submissions listed above are considered to provide the best value for money for this panel contract. In particular, the nominated contractors both demonstrated a far superior understanding of cleaning standards and requirements following the COVID19 period, including access to numbers of staff, resources and materials as well as understanding Council’s desire to engage with contractors that have strong social procurement values.

Strategic Alignment

This report is consistent with Council’s procurement policy and aligns with Council’s commitment to social and environmental sustainability and support to local business.

SUPPORTING REPORT DETAILS

Legislative and Risk Implications

Both of the successful tenderers met all OHS requirements and provided evidence of their risk plans, insurances, training schedules and environmental plans. The reference checks substantiated the outcome of the evaluation panel and the two contractors’ staff have current police and working with children’s checks as required in the tender.

The preferred tenderer’s business viability assessments have been undertaken and considered and no outstanding issues have been discovered.

Consultation

Councils Procurement team have been consulted extensively to ensure that the procurement is compliant with the Procurement Policy. Extensive consultation with staff occurred across all facility areas. It is important to note that the evaluation panel consisted of experienced senior staff members from across Arts and Cultural Services, Health and Community Services, Recreational and Leisure Services, and City Services and included probity oversight by Council’s Procurement Team.

Collaboration

Collaboration with the Northern Regional Procurement Network was sought to investigate the potential of broadening the scope, further increasing the savings and improving environmental impact. Unfortunately at this point in time Council’s neighbouring municipalities have current contracts in place which negated the opportunity to collaborate immediately however, it has remained on the agenda as an opportunity to roll in or collaborate at the three-year term.

Internal collaboration across all departments has ensured the final recommendation is unanimous including oversight by the procurement team.

Financial and Resource Implications

The contract for the provision of Municipal and Specialised Cleaning Services is based on a Hybrid Financial structure with a Lump Sum for cleaning services and a Schedule of Rates for supplies and some specialised periodical cleaning. The rates are subject to a CPI adjustment on each anniversary of the contract.

The financial advantage of each tender submission was determined by comparing the rates for all services required by Council under this contract with careful consideration given to those that are of a high risk of hygiene control (e.g. food distribution services centres, aquatic centres, childcare centres and family centres), high usage and public scrutiny (e.g. Civic Suite, community halls and senior citizens centres), or required for commercial purposes (Whitehorse Performing Arts Centre, Box Hill Community Arts Centre and Box Hill Town Hall).

The financial analysis was added to the robust evaluation outcome of the consultant’s credibility and capability to undertake the services required within the specification.

The estimated expenditure under this contract over the initial contract term is $4.8M excluding GST. This expenditure will increase to approximately $8M, excluding GST if the options to extend the contract are exercised.

It is important to note that the previous 3 year expenditure across the existing contracts was approximately $4.4M excluding GST which includes extensive COVID closure periods.

The costs incurred under this contract will be charged to the relevant recurrent budgets.

Discussion and Options

The recommended contractors provide a high level of expertise as well as increased knowledge in regard to infection control and proactive research into best practice processes and products.

Both of the recommended contractors have invested in making a Social and Environmental impact including but not limited to:

· Partnerships with social traders – working in partnership with Banyule City Council and their Inclusive Employment Program, Brotherhood of St Laurence “Given the Chance” Program, Salvation Army. As a result, placements within other local council areas include Banyule, Manningham, Nillumbik, and Whittlesea

· Successfully partnering with ASRC and the Axis Program for socially and economically disadvantaged people.

· Partnering with SYC/Job Prospects a not-for-profit organization dedicated to empowering young people and indigenous communities experiencing disadvantage, by providing employment opportunities.

· A portion of money spent on consumables going to the Teter Mek Foundation, a not-for-profit foundation that runs programs to support the preservation and sharing of Australian Indigenous culture through stories and language.

· Use ‘GECA Certified’ logo products (Good Environmental Choice Australia)

· 80% of products are certified/recognised as environmentally safe.

· 100% of suppliers have policies on Social and Environmental Sustainability

Conclusion

The next steps are to gain endorsement from Council for the panel contract as per the above recommendation and then execute the contractual documents with the two preferred contractors. It is intended that the contract commence from 1 December 2022 with a prior transitional period with the current incumbents.

Attachment

1 Tender Evaluation - Contract 30391 - Municipal and Specialised Cleaning Services

Whitehorse City Council designates this attachment and the information contained in it as CONFIDENTIAL INFORMATION

Whitehorse City Council

Council Minutes 14 November 2022

11.6 Tender Evaluation (Contract 30195) - Redevelopment of Vermont South Bowls Club

Project Delivery and Assets

Director Infrastructure

ATTACHMENT

SUMMARY

Council is renovating and extending the Vermont South Bowls Clubroom located at 30A Livingstone Road Vermont South.

The scope of works includes an extension of the main function space, provision of new bar area, meeting room, external decking, external access ramps and steps.

Construction is scheduled to commence in late November 2022 and be completed in October 2023.

This report seeks Council approval for the appointment of CA Property Group Pty Ltd from Council’s Construction Services Panel as the head contractor. The quote of $2,405,660 (excluding GST) includes a number of cost saving options.

The report also seeks additional funding from savings in the overall 2022/23 Capital Works Budget for an amount of $750,000 (excluding GST) due to the recommended quotation exceeding budget estimates. The overall project budget is now projected to be $2,900,000 (excluding GST) compared to the approved budget of $2,150,000 (excluding GST).

MOTION

Moved by Cr Carr, Seconded by Cr Stennett

That Council:

1. Increase the project budget for the redevelopment of the Vermont South Bowls Club (10 Z576 6708) by an amount of $750,000 excluding GST.

2. Notes that the overall project budget expenditure will be $2,900,000 (excluding GST) an increase from the approved budget of $2,150,000 (excluding GST).

3. Accept the quote under Contract 30195 for the Redevelopment of the Vermont South Bowls Club received from CA Property Group (ABN 92 094 711 038) for the quoted amount of $2,405,660 excluding GST.

AMENDMENT

Moved by Cr Davenport, Seconded by Cr Barker

That Council:

1. Accepts the quote under Contract 30195 for the Redevelopment of the Vermont South Bowls Club conditional on CA Property Group (ABN 92 094 711 038) reducing the quoted amount of $2,405,660 excluding GST by 2.5%;

2. Increases the project budget for the redevelopment of the Vermont South Bowls Club (10 Z576 6708) by an amount of $689,858 excluding GST; and

3. Notes that the overall project budget expenditure will be $2,839,858 (excluding GST) an increase from the approved budget of $2,150,000 (excluding GST).

The amendment was put the vote and was LOST

A Division was called.

Division

For

Cr Barker

Cr Davenport

Against

Cr Carr

Cr Cutts

Cr Lane

Cr Liu

Cr Massoud

Cr McNeill

Cr Munroe

Cr Skilbeck

Cr Stennett

On the results of the Division the motion was declared lost

Council Resolution

Moved by Cr Carr, Seconded by Cr Stennett

That Council:

1. Increase the project budget for the redevelopment of the Vermont South Bowls Club (10 Z576 6708) by an amount of $750,000 excluding GST.

2. Notes that the overall project budget expenditure will be $2,900,000 (excluding GST) an increase from the approved budget of $2,150,000 (excluding GST).

3. Accept the quote under Contract 30195 for the Redevelopment of the Vermont South Bowls Club received from CA Property Group (ABN 92 094 711 038) for the quoted amount of $2,405,660 excluding GST.

The original motion was put to the vote and was Carried

Key Matters

Council completed a feasibility study for the Vermont South Bowls Club extension in 2020/21 and two schemes were developed with an estimated construction cost of $1,700,000 and $2,600,000 respectively.

A total budget of $2,150,000 was approved by Council to complete the design in 2021/22 and construction in 2022/23 of the less expensive scheme.

Council collaborated with the Vermont South Club and consultants (including a quantity surveyor) to develop a design which met the approved budget. This design underwent several revisions and adjustments before being signed off by all stakeholders in July 2022.

Contractors from Council’s Panel (Contract 30195) were invited to submit a quotation and three conforming quotes were received.

The lowest priced quotation was still above the budgeted construction cost. Negotiations with both the contractor and quantity surveyor did not yield any material price reductions however a number of cost saving options were offered. Through a value engineering exercise a total reduction in construction cost of $55,540 was achieved.

This increase in construction cost estimates has been reviewed by the Quantity Surveyor and confirmed that it is due to cost escalation of materials and labour with an associated knock-on impact to the project contingency.

The project requires additional funding of $750,000 (excluding GST) to meet the projected expenditure of $2,900,000 (excluding GST) based on the recommended quotation from CA Property Group.

Strategic Alignment

This project supports the Council Plan Strategic Direction 4: Our Built Environment; Movement, and Public Places

· 4.1.1: Plan, build, renew and maintain community assets and facilities to meet current and future service needs in an environmentally, financially and socially sustainable way.

· 4.2.3: Maximise the usage of Council and Community facilities to improve community access opportunities.

The renovated and extended clubrooms will improve accessibility and increase indoor capacity. This promotes diversity and inclusivity whilst enhancing Council’s built environment.

Policy

The quotation process has followed Council’s Procurement Policy 2021-2025.

Contractors were invited from Council’s Panel (Contract 30195) which was intended to be used for projects valued at up to $3,000,000.

As the recommended quote exceeds $1,000,000 (excluding GST), Council approval is required for acceptance.

Background

All six contractors on Council’s Panel (Contract 30195) expressed interest and were invited to submit a quote.

The quotation window closed Tuesday 6 September 2022.

Three conforming quotes were received. CA Property Group submitted the lowest price and had an acceptable program. As the quote was over the available budget, Council entered into negotiations to identify potential cost savings.

SUPPORTING REPORT DETAILS

Legislative and Risk Implications

There are no legal or risk implications arising from the approval of this quote.

Consultation

Council has collaborated with representatives from the Vermont South Club, Recreation and Open Space team and Planning Department to develop the design.

The Vermont South Club provided sign-off at the end of the concept, detailed design and pre-tender stages in July 2022.

Council’s Transport team was consulted in relation to the carpark alterations. It was agreed that any carpark spaces lost to the extension footprint would be relocated so that the total number of spaces remained the same.

Community consultation was conducted by Council’s Recreation and Open Space team and no major objections were received.

As part of the commencement of works, notification will be provided to affected stakeholders.

Collaboration

There have been no identified opportunities for collaborative processes or procurement options.

Financial and Resource Implications

The lump sum offer of $2,405,660 (excluding GST) by CA Property Group will be awarded under the Panel (Contract 30195) and includes a number of cost saving options.

Based on the projected expenditure the total cost of the project will be $2,900,000 (excluding GST).

This compares to the current approved budget of $2,150,000 and represents a funding shortfall of $750,000 (excluding GST).

The current budget includes funding contribution commitments of $150,000 from the Vermont South Club and $300,000 from the Commonwealth Government, both of which have been confirmed. The Vermont South Club agreed to transfer all responsibilities for the Commonwealth Government grant to Council.

	Budget	Expenditure
2022/23 Capital Works Funding	$2,450,000
Commonwealth Grant	$300,000
Club Contribution	$150,000
Total Budget	$2,900,000

Preferred tenderer’s lump sum offer (excluding GST)		$2,405,660
Project expenditure to date		$117,063
Design, Preliminaries and Contingencies		$377,277
Total Expenditure		$2,900,000

It is recommended that the funding shortfall be allocated from savings in the overall 2022/23 Capital Works Budget, specifically from unspent project contingencies within Building asset class completed projects.

Discussion and Options

If these recommendations are not approved the options would be to either put the project on hold and reduce the scope further or retender the works at a later time.

Council has already collaborated with the Vermont South Club and implemented a number of cost saving options to date. This includes two rounds of reducing the extension footprint which the club have agreed to. It is unlikely that the scope can be further reduced without compromising the functionality of the building.

Retendering to a larger pool of contractors may result in a lower priced bid however, cost escalation of approximately $6,000 - $10,000 per month needs to be considered in this scenario, with no guarantee that a lower price could be achieved.

A further delay in commencing this project may risk the $300,000 Commonwealth Grant funding.

Conflict of Interest

Council officers involved in the preparation of this report have no conflict of interest in this matter.

Conclusion

If this recommendation is accepted the next steps are:

· Issue a Letter of Acceptance to CA Property Group

· Organise an on-site meeting with the contractor and club to discuss timeframes and logistics

· Set up temporary amenities for the club as part of Stage 1 works

· Commence Stage 2 construction works in the main building

Attachment

1 Confidential Evaluation Spreadsheet

Whitehorse City Council designates this attachment and the information contained in it as CONFIDENTIAL INFORMATION

Whitehorse City Council

Council Minutes 14 November 2022

11.7 Tender Evaluation (Contract 30401) – Weed Control Services

Parks and Natural Environment

Director Infrastructure

ATTACHMENT

SUMMARY

Council maintains over 590 hectares of open space, parks and landscaped areas in road reservations and footpath pavements. Tenders have been received for the provision of Contract 30401 Weed Control Services for these areas throughout the municipality.

The Contract is based on a schedule of rates plus consumables basis and will apply for a fixed five year term plus one year option. The tenders were assessed based on a standard scope of services likely to be required based on historic service needs this allowed for a ‘grossed up’ sum to be calculated for comparative purposes.

Tenders for Weed Control Services closed on 27 July 2022. Five tenders were received, and following a detailed analysis of the tender submissions, the tenders received from Harrick Services Pty Ltd and Landlinks Environmental Services Pty Ltd were assessed as providing the best value for Council and are the recommended contractors for these services.

Council Resolution

Moved by Cr Skilbeck, Seconded by Cr Barker

That Council:

1. Accepts the tender and authorises the Chief Executive Officer or his delegate to sign the formal contract document for Contract 30401 Weed Control Services received from:

· Harricks Services Pty Ltd (A.B.N. 83 088 248 088) of 818 Warburton Hwy Seville Vic 3139 trading as “Wipe Out Vegetation Management” for Items 1 through to 17; and

· Landlinks Environmental Services Pty Ltd (A.B.N. 53 078 936 151) of 100 Morbey Rd Gembrook 3783 Vic PO Box 277 Gembrook 3783 for Items 1 through to 14

2. Authorises the Chief Executive Officer or his delegate to extend the Contract for a further one year subject to a review of the Contractor’s performance and Councils business needs at the conclusion of the initial five year contract term

3. Notes that expenditure under Contract 30401 Weed Control Services will be in accordance with the adopted budget

4. Notes that opportunities to reduce the use of chemicals in weed control works are under constant review and that Contract 30401 Weed Control Services does not commit Council to any minimum use requirement or spend.

Carried Unanimously

Key Matters

Council manages and maintains a geographic area of 64 square kilometres with 611 kilometres sealed roads, 1,182 kilometres foot paths kerb and channel, 30.8 kilometres constructed laneways, 18 kilometres unconstructed laneways, 86 kilometres of sealed paths, 95 kilometres of gravel paths and trails, and 590 hectares of Open Space comprised of parks, bushland reserves, landscaped gardens, recreation reserves, community centres together with tree-lined residential streetscapes, shops, centre mediums, outer separators and traffic management devices. These places are maintained using a combination of in-house resources and specialist contractors.

This contract is for the provision of weed control services for Council’s entire open space network and road, laneway and footpath network, including the provision of mowing of nominated Council maintained nature strips.

This Contract includes the services shown in Attachment 1.

The Tender Evaluation Panel (TEP) assessed each tender submission in detail (Confidential Attachment 2). This included analysing the schedules of rates and applying those rates to a standard set of services to achieve a total sum for comparative purposes. The evaluation included assessment of safe work methods to protect people and the environment from chemicals.

All Five tender submissions were evaluated against the following criteria:

a) The tender offer (40%);

b) Capability to undertake these works outlined in the tender schedule (30%);

c) Credibility and demonstrated technical experience to complete the contract, (20%);

d) Social and environmental sustainability (5%).

e) Local Content (5%)

Occupational Health and Safety and Equal Employment Opportunity were assessed on a pass / fail basis.

Based on this assessment, the tenders received from Harricks Services Pty Ltd A.B.N. 83 088 248 088 and Landlinks Environmental Services Pty Ltd A.B.N. 53 078 936 151 were assessed as having the highest overall score (Refer to Confidential Attachment 2) and demonstrated the best value for money to Council.

Strategic Alignment

The scope of services contained within this contract is relevant to:

4.1.1: Plan, build, renew and maintain community assets and facilities to meet current and future service needs in an environmentally, financially and socially sustainable way

4.3: Provide active public spaces which are accessible by all, where people feel safe and connected with others in the community.

Policy

This Contract aligns with the Council Plan, supporting Strategic Objective 5.2.1: Continue to sustainably manage, enhance and increase trees and vegetation in Council’s streetscapes, parks and gardens, with species that enhance neighbourhood character, support biodiversity and are adaptable to a changing climate.

Chemical weed control is only one, but a critical element in managing, protecting and enhancing native vegetation, where weeds which would otherwise cause significant devastation in Councils native bushland and park areas. It is impossible to effectively manage weeds throughout the Municipality by manual removal only, and other alternatives trialled to date have proven deficiencies and/or other associated risks.

The tender, tender evaluation and appointment of the successful contractor and the Contract administration is governed by Council’s Procurement Policy.

Background

This Contract is for the provision of weed control services. Weeds need to be managed as part of the routine maintenance of Council managed sites to ensure areas are fit for their intended use and to ensure biodiversity is not diminished through the proliferation of weed species. The Contract involves a range of weed control methods, including mechanical removal and herbicide weed control practices.

In many instances, chemical weed control is the only viable option. Manual removal is inefficient, expensive and presents an occupational health and safety risk due to the manual tasks involved.

Council recently participated in a project with a number of other councils and Deakin University to review weed control practices using herbicides. A range of herbicides were trialled and the findings of the report prepared by Deakin University determined the current processes and systems are the most effective and provide the lowest risk to people and the environment for weed control.

Only chemicals approved by the Australian Pesticides and Veterinary Medicines Authority (APVMA) and WorkSafe Victoria are utilised. These are used in diluted form and applied sparingly in accordance with the manufacturers’ specifications. The greatest risk of the use of these chemicals is to the people employed to apply them. Site signage is used to inform the community of chemical use to enable people to avoid the area.

Opportunities to reduce the use of chemicals in weed control works are under constant review and this Contract does not commit Council to any minimum use requirement or spend.

SUPPORTING REPORT DETAILS

Legislative and Risk Implications

Legislation requires Council to control a range of weed types and maintenance programs have been developed to meet this requirement. The use of herbicide is a common best practice method employed by industry professionals to control environmental, noxious and general weeds within open space and roadways. Minor and small scale weed control works are undertaken by Council’s staff, however bulk volume and large area weed control works are outsourced to specialist weed control contractors to ensure efficiency and cost effectiveness.

Council actively employs a best practice approach to chemical management including its use and application in the community. Council continues to review its use of chemicals and the current practices are in accordance with all relevant legislation, best practice guidelines and regulatory bodies. The chemicals used by Council and its contractors are approved for the purpose by the Australian Pesticides and Veterinary Medicines Authority (APVMA) and WorkSafe Victoria.

The chemicals currently used are:

· Approved for use in Australia when applied in accordance with industry standards and manufacturer’s instructions.

· Selected based on minimising the risk to Council’s staff, contractors and other people.

· Selected based on minimising impacts on the environment in terms of residual presence in plants and soils and impacts on the non-target vegetation.

Council has trialled alternatives in conjunction with Deakin University and will continue to review new opportunities for alternative products and methodologies as they arise, ensuring that their handling, use and application are safe.

Consultation

All relevant service units within Council have been consulted in the tendering and recommendation of these contractors.

When weed control work is undertaken, the community is informed via site signage. Known stakeholder groups are directly informed if the weed control work is assessed as impacting their use of the site.

Collaboration

Collaborative procurement was not considered suitable for this contract due to site specific specifications and requirements.

Financial and Resource Implications

Contract 30401 Weed Control Services is based on a Schedule of Rates. The rates are subject to a CPI adjustment on each anniversary of the contract.

The likely average annual expenditure under this contract over the Contract term is $350,000, including GST per annum. It is anticipated that the annual expenditure over the next five years of the Contract term will be of a similar magnitude plus CPI adjustments. Excluding the application of future CPI increases, the Contract value over the five year term is estimated at $1,750,000 including GST.

The costs incurred under this contract will be charged to the relevant endorsed recurrent budgets within Parks and Natural Environment and City Services Departments.

Discussion and Options

The approval of this contract will enable the continuation of weed control in public spaces to ensure safe and well maintained areas for community use, and will ensure the protection of native vegetation in our native bushland and park areas where noxious weeds would otherwise cause significant devastation.

Based on the results of the Deakin University analysis, weed control in this form is considered to be the only viable option for Council at this time.

Conflict of Interest

The Local Government Act 2020 requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates.

Council officers involved in the preparation of this report have no conflict of interest in this matter.

Conclusion

It is recommended that Council accepts the tender from Harricks Services Pty Ltd (A.B.N. 83 088 248 088) for Items 1 through to 17; and Landlinks Environmental Services Pty Ltd (A.B.N. 53 078 936 151) for Items 1 through to 14.

Attachment

1 Weed Control Services Attachment 1

2 Confidential - Weed Control Services Evaluation - Attachment 2

Whitehorse City Council designates this attachment and the information contained in it as CONFIDENTIAL INFORMATION

Whitehorse City Council

Council Minutes 14 November 2022

11.8 Records of Informal Meetings of Councillors

Council Resolution

Moved by Cr Munroe, Seconded by Cr Liu

That the record of Informal Meetings of Councillors be received and noted.

Carried Unanimously

Cr Massoud (Deputy Mayor)

Cr Lane

Cr McNeill

Cr Skilbeck

Cr Munroe

Cr Barker

Cr Cutts

Cr Stennett

Cr Carr

Councillor Informal Briefing 24 October 2022 6.30pm – 6.51pm
Matter/s Discussed: · Council Agenda Items · Public Presentations · Public Questions	Councillors Present	Officers Present
	Cr Liu (Mayor & Chair)	S McMillan J Green S Cann S White L Letic S Sullivan C Altan V Ferlaino K Woods K Podolak N Jones Z Quinn
Disclosures of Conflict of Interest	None Disclosed
Councillor /Officer attendance following disclosure	None Disclosed

Cr Massoud (Deputy Mayor)

Cr Lane

Cr McNeill

Cr Skilbeck

Cr Munroe

Cr Barker

Cr Cutts

Cr Carr

Cr Davenport – Arrived at 6.36pm

Councillor Briefing 7 November 2022 6.30pm – 9.20pm
Matter/s Discussed: · 2022/23 Capital Works Program - September Quarter Review · Financial Sustainability and Tech Transformation update · Monthly Finance Update - August 2022 · Transformation Update - Aquatics Service Review & Program Update · MAV Board - Regional Groupings of Councils Review · Draft Council Agenda 14 November 2022	Councillors Present	Officers Present
	Cr Liu (Mayor & Chair)	S McMillan J Green S Cann N Brown L Letic S Sullivan B Brewin V Ferlaino K Woods A McCarthy S Lozsan D Comazzetto C Clarke C Bolitho
Disclosures of Conflict of Interest	None Disclosed
Councillor /Officer attendance following disclosure	None Disclosed