Council Meeting 13
February 2023
10.1 Tender
Evaluation (Contract 30414) Delivery of Concrete Paving, Minor Asphalt Works
and Pavement Marking
ATTACHMENT
SUMMARY
This report considers tenders received for the
Delivery of Concrete Paving, Minor Asphalt Works and Pavement Marking and to
recommend the appointment of 13 qualified contractors to a preferred supplier
panel to undertake specified paving and pavement marking works for Council
under a Schedule of Rates contract.
The report recommends the acceptance of the tenders
from the following:
· Lazzaro Concrete Works Pty Ltd
· Parente Paving Civil Pty Ltd
· Prestige Paving Pty Ltd
· Statewide Civil and Maintenance
· Victorian Infrastructure Services Pty Ltd
· AA Asphalt Constructions Pty Ltd
· Civil Asset Management Services Pty Ltd
· InfraFirst Pty Ltd
· Pavers Plus Pty Ltd
· Roadside Services and Solutions Pty Ltd
· Roma Bros Pty Ltd
· Tompsett Asphalt Pty Ltd
· VCrete Concrete Contractors Pty Ltd
The contract is for a fixed term of three
years with an option to extend the contract for one further two year period.
The estimated contract expenditure over the three years of
the fixed contract term is $21,000,000 excluding GST.
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RECOMMENDATION
That Council:
1. Accepts
the tender and sign the formal contract document for Contract 30414 Delivery
of Concrete Paving, Minor Asphalt Works and Pavement Marking received from:
· The Trustee for Lazzaro Family Trust, trading as
Lazzaro Concrete Works Pty Ltd (ABN 11 798 654 054)
· The Trustee for Parente Paving Civil Unit Trust,
trading as Parente Paving Civil Pty Ltd (ABN 86 889 709 374)
· Prestige Paving Pty Ltd (ABN 84 140 970 912)
· The Trustee for the Asphalt Trust, trading as
Statewide Civil and Maintenance (ABN 61 868 782 480)
· Victorian Infrastructure Services Pty Ltd (ABN 34
618 155 927)
· AA Asphalt Constructions Pty Ltd (ABN 27 116 015 733)
· The Trustee for Civil Asset Management Services
Trust, trading as Civil Asset Management Services Pty Ltd (ABN 98 552 701 184)
· InfraFirst Pty Ltd (ABN 89 642 366 685)
· Pavers Plus Pty Ltd (ABN 45 053 807 015)
· Roadside Services and Solutions Pty Ltd (ABN 33 137
851 837)
· Roma Bros Pty Ltd (ABN 29 004 334 114)
· Tompsett Asphalt Pty Ltd (ABN 12 625 912 772)
· VCrete Concrete Contractors Pty Ltd (ABN 40 055 492
683)
2. Authorises the Director
Infrastructure under the delegation of the Chief Executive Officer to award
the contract and any extension of this contract, subject to a review of the
Contractor’s performance and Council’s business needs, at the
conclusion of the initial three year contract term.
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Key Matters
Council maintains approximately 1,176 kilometres of
footpaths, 1,182 kilometres of kerb and channel, 605 kilometres of roads and 32
kilometres of laneways.
A range of suitably qualified and experienced
contractors is required to undertake works and enable Council to offer quality
and safe assets to the community. The panel of contactors will provide an
efficient and cost effective service to programmed and reactive maintenance to
these assets.
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.
Background
The specification for this Contract includes concrete
paving, minor asphalt works and pavement marking works which were previously
provided under three different contracts.
Tenders were advertised in The Age newspaper on
Saturday 22 October 2022 and were closed at 3pm, Friday 11 November 2022.
Thirteen tenders were received.
The 13 conforming tenders were evaluated against the following
criteria:
· The Tender Offer (Schedule of Rates) 50%
· Capability 25%
· Credibility (Reputation, experience and
qualifications) 15%
· Local Content 5%
· Social and Environmental Sustainability 5%
· Occupational Health & Safety, Equal
Opportunity
(Pass/Fail)
A comprehensive analysis of the 13 conforming
submissions was undertaken by the Tender Evaluation Panel using a
‘Weighted Attribute Method’. Scores were based on the quality of
the tender response and the level of compliance with the contract requirements
to determine the overall capability of contractors and best value outcome for
Council.
As a Schedule of Rates contract, estimates of annual
contract expenditure were developed using recent workloads for reactive,
programmed and capital works multiplied by the tendered rates for labour and
materials. This allowed the Tender Offer to be equitably scored.
Contractors could apply for all or some of the works
in the contract.
At the conclusion of the evaluation period it was
determined that in order for Council to meet the high demand for these types of
contractors to meet Council’s programmed and reactive works, a panel of
13 contractors should be appointed. All of the submissions considered were
competitive in all elements of the weighted criteria so it is recommended to
appoint all of the contractors with conforming submissions. The contractors
were all deemed to have experience, credibility in Local Government service
provision and value for money and able to demonstrate the resources, response
time and expertise required to undertake the service and works within the
specification at a competitive market price. The recommended contractors have
all required insurances, risk management/OHS plans and other required documents
in place.
SUPPORTING REPORT DETAILS
Legislative and Risk Implications There are no legal or risk implications arising from
the approval of this tender evaluation.
Consultation
Consultation on the structure and specifications for
this contract occurred with representatives from City Services and Project
Delivery and Assets so this contract will meet the current needs of all areas
within Council.
The tender evaluation panel was made up of
representatives from, Procurement, Finance, Project Delivery and Assets, and
City Services
Council’s Procurement team has been consulted
extensively to ensure that the procurement is compliant with the Procurement
Policy.
Prior to works commencing on any project, community
consultation is undertaken in accordance with the Policy.
Collaboration
Collaboration with the Northern Regional Procurement
Network was sought to investigate the potential joint procurement. The
neighbouring municipalities have current contracts in place which negated the
opportunity to collaborate immediately. However, the opportunity will be
further investigated during the term of this contract.
Financial and Resource Implications
The contract for the provision of Delivery of Concrete
Paving, Minor Asphalt Works and Pavement Marking is based on a Schedule of
Rates. The rates are subject to a CPI adjustment on each anniversary of the
contract.
The services delivered under this contract will be
primarily funded from the City Services annual Operational and Capital Works
budgets.
The estimated total Council wide expenditure over the
initial three year term of the contract estimated to be $21,000,000 excluding
GST exclusive with $35,000,000 excluding GST over the five year period should
the contract be extended.
Discussion and Options
The recommended contractors provide a high level of
expertise as well as knowledge into best practice processes and products.
The successful contractors:
· Provide a high level of products that are
certified/recognised as environmentally safe.
· All suppliers have policies on Social and
Environmental Sustainability.
For each engagement, an assessment of value will be
undertaken based on the schedule of rates provided by the contractors,
including requesting quotations from contractors appointed to the panel. As
assessment of contractor capability relevant to each particular engagement will
be undertaken to manage quality and risk. Some contractors are suited to
smaller jobs, others suitable for larger and complex work.
Conflict of Interest
Council officers involved in the preparation of this
report have no conflict of interest in this matter.
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 preferred contractors. It is intended that the
contract commence from 15 February 2023.
Attachment
1 Contract
30414 Delivery of Concrete Paving, Minor Asphalt Works and Pavement Marking
Evaluation Matrix Signed
Whitehorse City Council designates this attachment and
the information contained in it as CONFIDENTIAL INFORMATION
Council Meeting 13
February 2023
10.2 Endorsement
of Draft Interaction with Developers and Lobbyists Policy for Consultation
ATTACHMENT
SUMMARY
The Interaction with Developers and Lobbyists
Policy (Policy) supports Council in its ongoing drive for good governance
and the importance of open and accountable conduct.
The draft Policy serves to preserve the integrity of
Council by ensuring that interaction is conducted in accordance with the
highest standards of transparency, integrity and honesty and is open to public
scrutiny. The draft Policy aims to prevent actual or perceived conflicts of
interest and mitigate lobbying-related risks to minimise opportunities for
misconduct or corrupt behaviour.
The draft Policy has incorporated recommendations
issued by the Local Government Inspectorate (LGI) in late 2022 and
recommendations from an Internal Audit undertaken in April 2022 on
Council’s Corporate Governance where one of the findings of the audit
addressed lobbying-related risks and recommended that guidance concerning the
management of lobbying be documented. Council is required to report back to
Council’s Audit and Risk Committee on the implementation of any
recommendations.
The draft Policy places obligations on developers and
lobbyists, Councillors and staff.
This report seeks Council endorsement of the draft Policy and approval
for community consultation to commence in March 2023.
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RECOMMENDATION
That
Council
1. Endorse
the draft Interaction with Developers and Lobbyists Policy as attached to
this report.
2. Approve
community consultation on the draft Interaction with Developers and Lobbyists
Policy to commence in March 2023 for a period of 21 days.
3. Note that a report will be presented
to Council in April 2023 to consider and adopt the final Interaction with
Developers and Lobbyists Policy.
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Key Matters
· Council is committed to accountability and
transparency and Council representatives are expected to uphold the highest
standard of professionalism and integrity in relation to contact with property
developers and lobbyists.
· Strong lobbying by both proponents and opponents to
planning and development initiatives has become subject to increased scrutiny
and media attention in recent times, both within Victoria and elsewhere in
Australia.
· The key integrity agencies; the Independent
Broad-based Anti-corruption Commission (IBAC), Victorian Ombudsman (VO) and the
LGI, have undertaken investigations or issued guidance material. The themes and
recommendations of these have been consistent, with key items summarised below:
§ In 2020 IBAC, in collaboration with key integrity
agencies including the LGI, identified key corruption risks facing council
staff during emergencies and crisis situations, associated warning signs or
‘red flags’, and suggested prevention measures that can help
minimise risk. This led to IBAC issuing a Local
Government Information Sheet - Building
Public Sector Integrity during Emergencies that recommended:
1. Contact with lobbyists complies with the Victorian
Professional Lobbyist Code of Conduct and that lobbyists are registered with
the Victorian Public Sector Commission Register of Lobbyists.
2. Local government staff and councillors maintain appropriate
record keeping of all meetings with industry advocates and lobbyists.
§ IBAC undertook an investigation known as Operation
Sandon, which resulted in Councillors at Casey City Council being dismissed in
2020 as a result of allegations of serious corrupt conduct in relation to
planning and property development. Public hearings were held with issues being
highlighted as:
o Donations or in-kind assistance to election candidates
o Donations, gifts, pro bono services or other hospitality
o The use of professional lobbyists or planning consultants
§ In 2021 the VO investigated Kingston City
Council’s planning approval processes for the Patterson Lakes marina area
following concerns from residents and allegations a senior planning officer and
two former councillors had corrupt and improper dealings with property
developers. The findings concluded that improper dealings were not sustained,
however noted critical matters and made recommendations relating to lobbying
and interactions with developers.
§ In 2022 the LGI issued Guidelines on Interactions with
Developers for Councils (extract attached) to improve transparency and minimise
the risk of corruption in relation to planning and property development
decisions in their own communities.
§ Council’s Internal Auditors have recommended
that Council develop a policy on Lobbying and Interactions with Developers
after an Internal Audit was undertaken in 2022 on Corporate Governance. The
Audit took into consideration the IBAC 2020 information sheet Integrity during
Emergencies. Council is required to report on the progress of recommendations
at each Audit and Risk Committee meeting.
Strategic
Alignment
In adopting this policy, Whitehorse City
Council would be proactively promoting public transparency and strengthening
controls against potential fraud and corruption in accordance with Objective
8.3.4 of the Council Plan.
Policy
The draft policy aims to mitigate the risk to Council
of potential misconduct or corrupt behaviour arising from
contact with developers and lobbyists, and will ensure that interaction is
conducted according to the highest standards of transparency, integrity and
honesty.
Developers and lobbyists are required to observe
Council requirements when interacting with Council including not approaching
Councillors directly or offering gifts and hospitality. Any requests for
meetings with Councillors will require senior officers of Council to attend.
The policy also places requirements on Councillors and
officers with regards to conflicts of interest, not accepting any gifts or
hospitality and ensuring that any lobbyist is registered on the Register of
Lobbyists maintained by the Victorian Public Sector Commission prior to any
meeting.
The policy will achieve transparency in planning and
development decision making and avoid perceptions of bias or undue influence.
SUPPORTING
REPORT DETAILS
Legislative and Risk
Implications
This policy aligns with the Public Transparency
Principles prescribed by Section 58 of the Local Government Act 2020 and
addressed the risks associated with lobbying and interactions with developers.
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.
Community Engagement
Community consultation of the draft Interaction
with Developers and Lobbyists Policy will be undertaken in March 2023 for a
period of 21 days.
Financial and Resource Implications There are no associated financial implications;
resource implications will be undertaken within business as usual.
Innovation and Continuous Improvement
The adoption of this policy will promote greater
public transparency and improve fraud and corruption controls at Whitehorse
City Council.
Collaboration
Collaboration with relevant internal departments was
undertaken in preparation of the Policy.
Conflict of Interest
Council officers involved in the preparation of this
report have no conflict of interest in this matter.
Conclusion
It is proposed by Whitehorse City Council to go beyond
the minimum requirements set out in legislation and commit themselves to a
policy that will demonstrate a higher standard of transparency in the highly
important functions of proposed and actual land use planning and development
decision-making.
In adopting this policy, Council would be
proactively promoting public transparency and strengthening controls against
potential fraud and corruption in accordance with Objective 8.3.4 of the
Council Plan and addressing an internal audit recommendation to give confidence
to Council’s Audit and Risk Committee that Council is mitigating its
risks in relation to developers and lobbyists.
Following the conclusion of the draft Interaction
with Developers and Lobbyists Policy being on public exhibition for a
period of 21 days, a report will be
presented to Council in April 2023 to consider any feedback received and adopt
the final Interaction with Developers and Lobbyists Policy.
Attachment
1 Draft
Interaction with Developers and Lobbyists Policy 
2 LGI
Guidelines on Interactions with Developers for Councils (extract from Winter
2022 Newsletter)
Council Meeting 13
February 2023
10.3 Community
Engagement Results - 20 Neil Court, Blackburn South
SUMMARY
Council resolved at its meeting on 26 September 2022
that the Council owned property known as 20 Neil Court, Blackburn South had
been identified as surplus to Council’s future needs and requirements.
Council also authorised the Manager of Council’s
Property & Leasing Department to undertake the mandated participatory
engagement (community engagement) and upon completion of the community
engagement prepare a report for Council’s consideration.
Council undertook the community engagement process in
accordance with its Community Engagement Policy, with the following
consultation goal:
“To obtain feedback on analysis, alternatives
and/or decisions.”
Council’s Property & Leasing Department
completed the following engagement processes:
1. Wrote to identified nearby owners and occupiers of 20
Neil Court, Blackburn South inviting them to participate in the consultation
process
2. Conducted an on-site “drop in” session on
Thursday 20 October 2022
3. Via “Your Say Whitehorse” platform had a
survey open for four (4) weeks
The results of the community engagement process
broadly found that:
· 49% of the 39 respondents opposed disposal
· 33% of the 39 respondents supported disposal
· 13% of the 39 respondents being “unsure”
· 5% of the 39 respondents being “not applicable”
Council’s Leisure and Recreation Department
confirmed that the 20 Neil Court, Blackburn South property was inappropriate to
pursue as an open space parkland.
Having completed the participatory engagement process
in accordance with Council’s Community Engagement Policy and in accordance with Section
114(2)(b) of the Local Government Act 2020 and having not received definitive opposition to potential
disposal, it is recommended that Council advertise its intention to dispose of
20 Neil Court, Blackburn South in accordance with Section 114(2)(a)(i)&(ii)
of the Local Government Act 2020.
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RECOMMENDATION
That
Council:
1. Having completed the mandated
participatory engagement in accordance with Section 114(2)(b) of the Local
Government Act 2020, gives notice of its intention to sell 20 Neil Court,
Blackburn South by an expression of interest (EOI) process in accordance with
Section 114 of the Local Government Act 2020.
2. Authorise the manager of
Council’s Property & Leasing Department to undertake all remaining
statutory processes in accordance with Section 114 of the Local Government
Act 2020 and upon completion of all remaining statutory processes prepare
a report for Council’s consideration.
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Key Matters
· Effective 1 July 2021, in accordance with Section
114(b)(2) of the Local Government Act 2020, Council is required to undertake a
community engagement process in accordance with its community engagement policy
prior to resolving to dispose of Council owned land
· In accordance with Section 55 of the Local Government
Act 2020, Council adopted its Community Engagement Policy in 2019
· Under the Community Engagement Policy, Council is
mandated to undertake participatory engagement and this level of engagement
requires Council to consult with the community
· Having completed mandated community engagement this
report seeks permission for Council officers, to in accordance with Section
114(2)(b) of the Local Government Act 2020, give notice of Council’s
intention to sell 20 Neil Court, Blackburn South by an expression of interest
(EOI) process in accordance with Section 114 of the Local Government Act 2020.
Strategic Alignment
The
completed community engagement aligns with “Strategic Direction 3”
of the Whitehorse City Council Plan 2021-2025: Strategic Direction 3: Our
Diverse and Inclusive Community.
The
objectives of “Strategic Direction 3”, in particular 3.1, are
“increase social inclusion, community participation and access to
community services”.
Policy
Council’s
Community Engagement Policy applies to the participatory engagement permission
sought by this report.
background
Discussion and Options
Subject Property: 20
Neil Court, Blackburn South (Subject Property)Legal Description: Lot
11 LP55140 Volume 8345 Folio 915
Lot
11 LP55140 Volume
8345 Folio 916
Land Area: 1,535m2
approximately
199m2
approximately
Use: Vacant
Kindergarten
Zoning: Residential
Growth Zone 1
Photograph #1: 20 Neil Court, Blackburn South
Council has owned the two parcels of land contained
within the Subject Property since 1962.
In 1965 Council (the former City of Nunawading), via a
land only lease, leased the Subject Property to Yooralla Society of Victoria
(Yooralla).
Yooralla vacated the Subject Property in September
2019.
Site Map #1: 20 Neil Court, Blackburn
South
Council was not involved in the
construction of the kindergarten building in 1966 and Council has never
occupied the Subject Property.
Council at its meeting held on 26 September 2022
resolved that the Subject Property was surplus to Council’s future needs
and requirements.
Council also authorised the manager of Council’s
Property & Leasing Department to undertake the community engagement process
and report the results back to Council for consideration.
The results of the community engagement are shown
below.
Results of the Community Engagement
In accordance with Council’s Community
Engagement Policy, the Property & Leasing Department notified, via mail,
approximately 160 nearby owners and occupiers of the Subject Property inviting
them to participate in the consultation process.
The residents were also invited to attend an on-site
“drop in” session, held on Thursday 20 October 2022; along with
sharing their views via Council’s “Your Say Whitehorse” web
based portal.
The “Your Say Whitehorse” survey closed on
10 November 2022.
The on-site
“drop in” session opened at 5:00pm and closed at 7:00pm on Thursday
20 October 2022, with five (5) nearby residents attending the session over the
two hours.
The “Your Say Whitehorse” survey received
56 visitors and 39 contributions, representing a 24.5% response rate of the
approximately 160 nearby owners and occupiers written to by Council’s
Property & Leasing Department.
The majority of contributions (92%) were
anonymous. See Table #1 below for a summary of visitors.
Table #1: Summary of visitors and response rate
The
following questions were asked:
1. “Keeping in mind that 20 Neil Court, Blackburn
South is currently zoned Residential Growth (RGZ1) under the Whitehorse
Planning Scheme, what ideas do you have for the future of the property?”
The table below lists a variety of ideas respondents
have for the future of the Subject Property.
Ten (10) respondents did not answer and the majority
of those that did provide a response provided multiple answers.
Table #2: Question 1: What ideas do you have for the property?
*Multiple answers provided
|
|
Respondents*
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|
Did not answer
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10
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Open Space or Playground
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9
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Community Centre or Senior Citizens
|
9
|
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Social / Affordable / Crisis Housing
|
7
|
|
Overdevelopment [NB: It is unclear what is meant by this response}
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6
|
|
Residential
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2
|
|
Kindergarten / Childcare
|
2
|
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Link to the Brickworks
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2
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2. Would you support Council selling 20 Neil Court, Blackburn South?
Nineteen (19) of the 39 respondents oppose disposal,
thirteen (13) support disposal, five (5) respondents are unsure and two (2)
respondents did not answer. (See Table #3 below)
Table #3: Question 2: Would you support Council selling 20 Neil Court,
Blackburn South?
|
|
Yes
|
No
|
Unsure
|
N/A
|
|
Would you support Council selling the land?
|
13
(33%)
|
19
(49%)
|
5
(13%)
|
2
(5%)
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3. Why don’t you support Council selling the land?
Of the nineteen (19) respondents who would not support
Council selling the land, twelve (12) respondents are unsupportive because they
would prefer the property be retained for the community including open space,
six (6) respondents are concerned about overdevelopment and parking issues and
one (1) respondent did not answer. (See Table #4 below)
Table #4: Question 3: Why don’t you support Council selling the
land?
|
If no, then why not?*
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Retain for the Community
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12
|
|
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Parking issues & Over-development
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6
|
|
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Not Applicable
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1
|
Do
you have any other comments about this consultation?
One respondent was positive about the consultation
process and requested a copy of her submission.
In accordance with Section 114(b)(2) of the Local
Government Act 2020 Council undertook a community engagement process in
accordance with its community engagement policy.
Council relies on the International
Association for Public Participation (IAP2) Public Participation Spectrum to
define its levels of engagement and the amount of influence participants can
expect to have in the process.
Under the IAP2 Public Participation
Spectrum the following applies to participatory engagement (Consult):
Consult Goal:
“To obtain feedback on analysis,
alternatives and/or decisions.”
Promise to target participants:
“We will keep you informed, listen
to and acknowledge concerns and aspirations, and provide feedback on how public
input influenced the decision.”
Role of target participants:
“Contribute”
As mentioned above, of the nineteen (19) respondents
opposed to disposal, twelve (12) indicated that they would prefer that the
Subject Property be retained for the community.
In response to Question #1 above, nine (9) respondents
indicated “Open Space or Playground” as an alternate use.
Council’s Leisure and Recreation Services
Department deemed the Subject Property to be inappropriate to pursue as an open
space parkland due to the below:
“The size of the property (approx. 1500m2)
would be a small local park and would only have a limited catchment that would
be further limited due to its location at the end of the court and physical
barriers including:
· Abutting brickworks developments and other residential
properties to the south and east block pedestrian travel to the site
· Eley Road to the north and Middleborough Road to the
west create barriers for pedestrian travel to the site”
In response to Question #1, nine (9) respondents
indicated “Community Centre” or “Senior Citizens
[Club]” as an alternative use.
However, as the Warrawong Annex of the Eley Park
Community Centre is located approximately 500 metres from the Subject Property,
an additional “Community Centre” in the Blackburn South area was
not considered to be a viable alternative use.
The “Senior Citizens [Club]” option was
not considered a viable alternative use because of the Subject Property’s
lack of proximity to public transport.
Additionally, in response to Question #1, seven (7)
respondents indicated “Social / Affordable / Crisis Housing”.
Whilst the Subject Property’s current zoning, Residential Growth Zone 1,
supports the suggested housing options; the housing option was not considered
because Council has a pre-existing commitment to affordable housing in Bruce
Street, Box Hill.
It is acknowledged that nineteen (19) respondents opposed
Council disposing of the Subject Property; however, it also needs to be
acknowledged that thirteen (13) respondents supported Council disposing of the
Subject Property, with five (5) respondents being unsure.
Given the low response rate (24.5%) and the high
number of anonymous survey responses (92%), combined with the lack of an
obvious and genuine alternative use for the Subject Property, it is considered
that the earlier finding that the Subject Property is surplus to
Council’s future needs and requirements is confirmed.
The Property & Leasing Department will advise in
writing all of the approximately 160 nearby owners and occupiers of
Council’s decision.
SUPPORTING REPORT DETAILS
Legislative and Risk Implications
There are no legal or risk implications arising from the recommendation
contained in this report.
By undertaking community engagement in accordance with
Council’s Community Engagement Policy there are no legal or risk
implications relating to Section 114(2)(b) of the Local Government Act 2020.
Having completed Section 114(2)(b) of the Local
Government Act 2020, Council now has the option to resolve to commence the
other statutory obligations also contained in Section 114 of the Local
Government Act 2020; which states the following:
“Restriction on power to sell or exchange land
1) Except
where section 116 applies, if a Council sells or exchanges any land it must
comply with this section.
2) Before
selling or exchanging the land, the Council must—
a) At least 4 weeks prior to selling or
exchanging the land, publish notice of intention to do so—
i. On the Council's Internet
site; and
ii. In any
other manner prescribed by the regulations for the purposes of this subsection;
and
b) Undertake a community engagement
process in accordance with its community engagement policy; and
c) Obtain from a person who holds the
qualifications or experience specified under section 13DA(2) of the Valuation
of Land Act 1960 a valuation of the land which is made not more than 6
months prior to the sale or exchange.”
To reduce any risk associated with undertaking the other
statutory obligations contained within Section 114 of the Local Government
Act 2020, an independent Probity Advisor will be appointed to oversee
completion of these statutory obligations.
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.
However, by undertaking community engagement Council is recognising
every individuals’ right to express their opinion regarding the future
use of the Subject Property.
Financial and Resource Implications
The recurrent budget of Council’s Property &
Leasing Department funded the cost of the community engagement and will fund
all future costs associated with Section 114 of the Local Government Act
2020.
In accordance with Section 114(2)(c) of the Local Government
Act 2020, Council will appoint an independent Valuer to provide a valuation
report and this valuation report will be presented to the Councillors when the
future report is prepared by Council’s Property & Leasing Department.
As the Subject Property is included in Council’s
“Key Strategic Sites Program” it is recommended that Council
resolve that any future and potential sale proceeds be credited to, the soon to
be established, “Key Strategic Sites Reserve Fund”.
Innovation
and Continuous Improvement
There are no Innovation and Continuous Improvement matters arising
from the recommendation contained in this report.
Collaboration
Council’s Property & Leasing Department collaborated with
Maddocks Lawyers, Council’s Strategic Communications & Customer
Service Department and Council’s Community Engagement & Development
Department, ensuring that the process undertaken was compliant with the desired
outcomes of Council’s Community Engagement Policy.
Council’s Property & Leasing Department collaborated with
Council’s Leisure and Recreation Department to determine if the Subject
Property was suitable for open space.
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
As the Subject Property was identified as surplus to
Council’s needs and requirements, participatory engagement (Consult) was
undertaken in accordance with Council’s Community Engagement Policy and
Section 114(2)(b) of the Local Government Act 2020.
The results of the community engagement process found
the community did not definitively support or definitively oppose Council
disposing of the Subject Property.
Additionally, Council’s Leisure and Recreation
Department confirmed the site does not meet the criteria for open space.
Consequently, based on the results of the community
engagement process, it is recommended that Council reaffirm that the Subject
Property is surplus to Council’s future needs and requirements and give
notice of its intention to sell by an expression of interest (EOI) process in
accordance with Section 114 of the Local Government Act 2020.