Agenda of Council Meeting - Monday, 26 June 2023

Council Meeting 26 June 2023

10.1 Tender Evaluation (Contract 30441) Public Bin Collection

City Services
Infrastructure
ATTACHMENT

SUMMARY

There is an allocation in Council’s operational budget each financial year for the collection of litter from public litter bins and recyclable material from public recycling bins. There are 369 public litter bins and 50 public recycling bins throughout the municipality that are collected on a varying frequency depending on demand from once per day to once per week.

This report is to consider tenders received for public bin collection services and to recommend the acceptance of the tender received from The Trustee for Wayne Cleaning Service Unit Trust – Wayne Cleaning Systems, trading as Wayne Cleaning Systems Pty Ltd, for the tendered amount of $513,195 including GST in the first year increasing with CPI adjustments plus rates for additional services at Council’s request, for seven years commencing on 1 July 2023.

RECOMMENDATION

That Council accepts the tender and signs the formal contract document for Contract 30441 Public Bin Collection received from the Trustee for Wayne Cleaning Service Unit Trust – Wayne Cleaning Systems (ABN 67 145 067 691) of 23 Taylor Street, Thornbury, trading as Wayne Cleaning Systems Pty Ltd, for the tendered amount of $513,195, including GST for the first year increasing with CPI adjustments plus rates for additional services at Council’s discretion, for seven years commencing on 1 July 2023. The total expected project expenditure and possible additional work is $4,400,000 including GST.

Key Matters

There are 369 public litter bins and 50 public recycling bins throughout the municipality that are collected on a varying frequency depending on demand from once per day to once per week. The litter and recycling bins are installed in various shopping centres, shopping strips, open spaces and public meeting areas throughout the municipality to help keep these areas tidy. Approximately 300 tonnes of litter was collected from public litter bins over the last 12 months.

This contract is to collect litter from public litter bins and recyclable material from public recycling bins. The materials taken from the litter bin and from the recycling bin are collected separately and are taken to separate facilities.

The specification was revised to include additional bin locations and additional service frequency for some bins to respond to community feedback.

The litter is to be taken to the Council’s Recycling and Waste Centre. The recyclable material is to be taken to the processing facility of Council’s recycling processing contractor. If the recyclable materials are too contaminated it will be taken to the Recycling and Waste Centre as landfill. The facilities where the materials are to be taken may change throughout the contract period.

The contractor will be responsible to provide the service in an efficient, effective and dependable manner. Services must be performed with maximum regard for the safety of all persons and the preservation of property and amenity. The current contract for the collection of litter bins expires on 30 June 2023.

The timing of consideration of this contract was delayed. An initial tender was advertised and considered by the tender evaluation panel. Due to only one submission being received, the specification and length of contract was reviewed and the tender readvertised. If Council is unable to make a decision on this matter, a month-to-month arrangement with the current contractor will be negotiated.

The contract will be a lump sum per annum that is subject to CPI adjustments. The term of the contract is seven years commencing on 1 July 2023.

Strategic Alignment

This contract aligns to:

Council Plan 2021–2025 Strategic Direction 4: Our Built Environment; Movement, and Public Places

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

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.

Background

Tenders were initially advertised and closed on 15 March 2023. Only one tender was received. After contacting companies that downloaded the documents consensus was the initial three plus two-year contract term was insufficient for the investment required in plant and equipment to deliver the service. The services were retendered for a seven-year term. The re-tender closed on 17 May 2023. Two tenders were received.

The tender was evaluated against the following criteria:

· The tender offer

· Capability

· Credibility

· Social and Environmental Sustainability

· Local Contents

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

The evaluation criteria were scored to determine the overall capability of contractors and best value for Council.

The recommended tenderer is Wayne Cleaning Systems Pty Ltd. Wayne Cleaning Systems has provided the service for the past 15 years to an excellent standard and met all the occupational health and safety requirements with its performance closely monitored and measured through regular audits, communication and meetings. As part of its tender submission, the company demonstrated that it is well resourced with people, plant and equipment to deliver the scheduled services and able to promptly attend to additional collections that may be required from time to time.

The collection of materials from bins throughout the municipality is complex. There is restricted access to many of the bins and the collection needs to be at suitable times to limit disruption to public areas and to ensure that the truck can be parked close to where the bins are collected. The contractor also needs to manage the traffic and parking impacts of undertaking collections in commercial areas and in parks and reserves. The tender from Wayne Cleaning Systems demonstrated an approach to effectively complete the collections with minimal disruptions to other activities.

Wayne Cleaning Systems has demonstrated its capacity to change and improve services over the current contract. This was demonstrated during the COVID-19 restrictions where additional bins and collections were provided in response to the increased use of public spaces.

Included in the tender offer from Wayne Cleaning Systems is the provision of new trucks for this contract.

The tender provided by Wayne Cleaning Systems is considered to provide the best value for money for this Contract.

SUPPORTING REPORT DETAILS

Legislative and Risk Implications

There are no legal or risk implications arising from the approval for this tender evaluation.

Consultation

Council’s Procurement team has been consulted extensively to ensure that the procurement is compliant with the Procurement Policy. The scoping of the services and evaluation was undertaken with input from the relevant officers within City Services. The preferred tenderer’s business viability has been considered.

There was no direct community consultation regarding this tender. Community feedback is routinely received regarding bin locations and collection frequencies. The contract is structured to allow for changes in bin numbers and collection frequencies if assessed as required to respond to community feedback.

Collaboration

The number of litter bins and collection frequency in Whitehorse is sufficient for two trucks to be fully dedicated to this contract. One truck is dedicated to rubbish and the second truck to recycling. Two dedicated trucks are required for the scheduled collections and to have the flexibility to respond to urgent requests for collection. Therefore, the option of a collaborative tender with other councils is not suited for this contract.

Financial and Resource Implications

The contract is a lump sum for seven years commencing on 1 July 2023. The estimated expenditure based on the tendered rates for the first year of the contract is $466,541, excluding GST ($513,195, including GST) that increases each year with CPI adjustments. On top of this there may be extra charges for additional services to respond to reactive requests.

The 2023/24 Budget includes $320,850 excluding GST for this contract as an assessment of the likely costs of this service was made during the budget development process. Based on the acceptance of the tender by Council, this budget will be reforecast to reflect the new contract pricing and savings will need to be made in other areas to offset this increase.

It is estimated that the expenditure under this contract over the seven-year contract term with cost adjustments under the contract and an allowance for variations is $4,400,000 including GST.

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

Discussion and Options

The contract specification reflects the current service offering with some improvements to include additional bin locations and increased collections frequencies for some bins based on community feedback on the service.

The only viable option is for Council to award a contract for the collection of the public bins. This is a distinctly different service offering to the kerbside bin collection service so not feasible to include in the kerbside bin collection contract. Similarly, the service requires compactor vehicles to minimise trips to the disposal site, so the use of conventional trucks is not viable and a specialised collection company is needed.

The tendered amount is an increase to the current charges and includes increases in both bin numbers and frequencies of collection. Wayne Cleaning Systems has included in its submission the purchase of two new compactor vehicles for the exclusive use on this contract. This will result in:

· Lower emissions.

· Fewer breakdowns, meaning fewer service disruptions and the associated deployment of additional labour and plant.

Wayne Cleaning Systems has provided details on its plan to address labour shortages and retain staff to ensure consistent service delivery.

Conflict of Interest

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

Conclusion

It is recommended that Council adopt the recommendation to appoint Wayne Cleaning Systems Pty Ltd for the litter bin collection contract for seven years. Wayne Cleaning Systems Pty Ltd provides value for money for this contract and will ensure a consistent high quality of service.

Attachment

1 Contract 30441 - Confidential Attachment Tender Evaluation Matrix

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

Whitehorse City Council

Council Meeting 26 June 2023

10.2 Tender Evaluation Report (Contract 30436) Landscape Services

Parks and Natural Environment
Infrastructure
ATTACHMENT

SUMMARY

Council maintains over 590 hectares of open space including parks, bushland, streetscapes, road reserves, facilities, civic spaces and shopping centres. This is undertaken utilising a combination of Council staff and specialist Contractors. Tenders have been received for the provision of Landscape Services throughout the municipality. The provision of these services assists Council to meet the objectives of the Council Plan and Community Vision by maintaining and enhancing open space and landscape assets.

The Landscape Services Contract specification includes twelve key service activity items:

1. General Earthworks

2. Soil Conditioning

3. Cultivation

4. Lawn Grassing

5. Planting

6. Path Works

7. Furniture

8. Fencing and Bollards

9. Edging and Retaining Walls

10. Mulch

11. Miscellaneous

12. Charge Out Rates

This report considers tenders received for Landscape Services, and to recommend the acceptance of the tenders received from

· Knox Maintenance Pty Ltd

· UDL Group Pty Ltd

· Yellowstone Landscaping Pty Ltd

· Roma Bros Pty Ltd

· Ecodynamics Mulch

on a Schedule of Rates basis for a period of five years commencing on 1 July 2023 with the option to extend for up to two years at Council’s discretion.

RECOMMENDATION

That Council:

1. Accepts the tender and signs the formal contract documents for Contract 30436 Landscape Services on a Schedule of Rates basis for a period of five years commencing on 1 July 2023 for Items 1-12 received from:

· Knox Maintenance Pty Ltd (ABN 64107063838) of 119 Old Gippsland Road, Lilydale

· UDL Group Pty Ltd (ABN 48149994258) of 31/31 Fiveways Boulevard, Keysborough

· Yellowstone Landscaping PTY LTD (ABN 96094921294) of 26/12 Edina Road, Ferntree Gully

2. Accepts the tender and signs the formal contract documents for Contract 30436 Landscape Services on a Schedule of Rates basis for a period of five years commencing on 1 July 2023 for Items 6.5-6.16 received from:

· Roma Bros Pty Ltd (ABN 29004334114) of 25 Rainbow Valley Road, Park Orchards

3. Accepts the tender and signs the formal contract documents for Contract 30436 Landscape Services on a Schedule of Rates basis for a period of five years commencing on 1 July 2023 for Items 10.5-10.12 received from:

· Ecodynamics Mulch (ABN 64098098429) of 480 Cooper Street, Epping

4. Notes that expenditure under Contract 30436 Landscape Services will be in accordance with the adopted Budget.

5. Authorises the Chief Executive Officer and Director Infrastructure 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 five year contract term.

Key Matters

Council manages a geographic area of 64 square kilometres with 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 open space areas are maintained, renewed and upgraded using a combination of in-house resources and specialist contractors.

This Contract is for the provision of Landscape Services including earthworks, grassing, planting, mulching, path works, furniture, retaining walls, fence and bollard installation, which supports in house resources in the delivery of landscape services. Works under this Contract are undertaken across all of Council’s open space including gardens, road reserves, traffic management devices, recreation reserves, bushland areas and general parkland. The Contract is a Schedule of Rates that is subject to CPI adjustments. The term of the contract is five years commencing on 1 July 2023, with an option to extend the contract for up to two years at Council’s discretion.

The previous Landscape Construction Services Contract 30053 was utilised for landscaping works by numerous departments in Council. In addition to ongoing landscape services undertaken in parks, this contract successfully enabled Council to efficiently and cost effectively undertake landscape construction works associated with projects such as sporting pavilion renewals, road infrastructure and car park renewals, playspace renewals, and streetscape renewals. Recent capital projects where the landscape component has been undertaken under this contract include Morton Park sports pavilion, Terrara Park sports pavilion, Heatherdale Reserve sports pavilion, Sportlink project, and Sparks Reserve sport pavilion. This contract has also been used for construction of the new park developments at Oak Street Reserve, Rowland Street Reserve, Chaucer Street Reserve, Wattle Valley Road Reserve and is currently being used at Scott Grove Reserve. The new Contract is planned to be used for the landscaping at ‘The Round’ in the coming financial year, which will provide Council with excellent cost effective results.

Previously, many of these types of capital landscaping projects were separately tendered. An analysis has shown that utilising a schedule of rates contract has minimised landscaping costs compared to tendering individual lump sum arrangements where contractors build in risk related costs. Utilising an already market tested panel of contractors enables the most cost effective solution for undertaking these projects, with a high level of risk mitigation through utilising panel contractors who demonstrate high capacity through continually undertaking work for Council to a high standard, are familiar with Council specifications and requirements to ensure long term viability and sustainability of project work, and are committed to delivering quality work to ensure ongoing project delivery for Council under the schedule of rates.

The Landscape Construction Services Contract 30053 expired on 21 May 2023. Project works have already been organised and procured under this existing Contract up until the end of the 2022/23 financial year. If any additional minor unplanned works are required in the period between contracts, they will be undertaken via individual quoting in line with Council’s procurement policy.

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.

4.3.2 Plan, maintain, renew and upgrade Whitehorse play spaces providing a range of safe, enjoyable and accessible play experiences for the community.

4.3.3 Plan, maintain, renew and upgrade path and walking networks throughout the open space network.

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.

Policy

This contract aligns with:

· Whitehorse Open Space Strategy

· Whitehorse Urban Forest Strategy

· Whitehorse Integrated Water Management Strategy

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

Background

Tenders were advertised and closed on 22 March 2023. Seven tenders were received.

The specification includes twelve key service activity items:

1. General Earthworks

2. Soil Conditioning

3. Cultivation

4. Lawn Grassing

5. Planting

6. Path Works

7. Furniture

8. Fencing and Bollards

9. Edging and Retaining Walls

10. Mulch

11. Miscellaneous

12. Charge Out Rates

The Tender Evaluation Panel assessed each tender submission in detail. 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, social and environmental sustainability, and local contents. Five tenders included a submission for all 12 activities, while two tenders included a submission for only some activities.

The tenders were evaluated against the following criteria:

· The Tender Offer (40%);

· Capability (25%);

· Credibility (20%);

· Social and Environmental sustainability (5%);

· Local Contents (10%), and

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

The Tender Offer for the schedule of rates was evaluated using four methods;

· The total cost of all unit rates.

· Rates evaluated against sample project for services that are most frequently used by Council.

· Rates for concrete and asphalt services evaluated against sample project for services that are most frequently used by Council.

· Rates for soft fall mulch services evaluated against sample project for services that are most frequently used by Council.

Both the concrete and asphalt services, and soft fall mulch services were evaluated independently due to the specialist nature of the services.

As shown in Confidential Attachment 1, the tenders received from Knox Maintenance Pty Ltd, UDL Group Pty Ltd, Yellowstone Landscaping Pty Ltd, Roma Bros Pty Ltd and Ecodynamics Mulch are assessed to provide the best value for money for this contract.

All tenderers are experienced in the specialist works to be undertaken and all referee reports were favourable.

Knox Maintenance and UDL Group, have carried out landscape services for Council over a long period of time, and were on the panel for the previous Council Contract 30053 Landscape Construction Services. Their performance during the contract has been excellent. Formal audits to monitor performance and quality have been undertaken throughout the existing contract at the completion of every project undertaken, and works have been completed to a high standard within budget and timeframes, and consistent with all Council specifications and plans.

Yellowstone Landscaping has previously carried out landscape construction services on playspace renewal projects for Council, and currently undertake similar services for several other councils. The scope of project work examples provided were assessed as consistent with services in this Contract, and the quality of work of sample projects was inspected as part of the evaluation process and deemed appropriate. All referee reports were favourable.

Roma Bros has carried out similar concrete and asphalt work for Council over a long period of time, and is on the panel for the current Council Contract 30414 Delivery of Concrete Paving, Minor Asphalt Works and Pavement Marking. Under this contract it has undertaken various concrete works within open space areas and its performance has been excellent. Formal audits to monitor performance and quality have been undertaken and works have been completed to specifications, within budget and timeframes. The Landscape Services contract has a range of different specifications for concrete and asphalt works which are specific to a parks and bushland environment. Utilising Rom Bros to undertake construction works to these specifications will provide Council with best value and quality.

Ecodynamics Mulch has previously carried out similar work for Council, and was on the previous panel for the Council Contract 30219 Supply and Delivery of Playground Impact Attenuating Materials (Soft Fall Mulch) and General Garden Bed Mulch. This contract has ended with these works consolidated into the new Landscape Services specifications to improve efficiency. Under this previous contract, Ecodynamics Mulch had undertaken mulch supply and installation services and its performance was excellent. Formal audits to monitor performance and quality were undertaken at the completion of every project, and works were completed to a high standard within budget and timeframes, and consistent with Council’s specifications.

As shown in Confidential Attachment 1, the tenders received from:

· Knox Maintenance Pty Ltd (ABN 64107063838) of 119 Old Gippsland Road, Lilydale

· UDL Group Pty Ltd (ABN 48149994258) of 31/31 Fiveways Boulevard, Keysborough

· Yellowstone Landscaping Pty Ltd (ABN 96094921294) of 26/12 Edina Road, Ferntree Gully

· Roma Bros Pty Ltd (ABN 29004334114) of 25 Rainbow Valley Road, Park Orchards

· Ecodynamics Mulch (ABN 64098098429) of 480 Cooper Street, Epping

are assessed to provide the best value for money for this contract. Engaging these contractors on a panel will provide the best financial benefit and allow flexibility of work being undertaken in accordance with Council’s scheduled maintenance and Capital Works project requirements as follows:

For scheduled specification Items 1-12:

· Knox Maintenance Pty Ltd (ABN 64107063838) of 119 Old Gippsland Road, Lilydale

· UDL Group Pty Ltd (ABN 48149994258) of 31/31 Fiveways Boulevard, Keysborough

· Yellowstone Landscaping PTY LTD (ABN 96094921294) of 26/12 Edina Road, Ferntree Gully

For scheduled specification Items 6.5-6.16 received from:

· Roma Bros Pty Ltd (ABN 29004334114) of 25 Rainbow Valley Road, Park Orchards

For scheduled specification Items 10.5-10.12:

· Ecodynamics Mulch (ABN 64098098429) of 480 Cooper Street, Epping

SUPPORTING REPORT DETAILS

Legislative and Risk Implications

There are no legal or risk implications arising from the approval for this tender evaluation.

Consultation

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

Council’s Procurement team has been consulted to ensure that the procurement is compliant with the Procurement Policy.

The scoping of the services and evaluation was undertaken with input from the relevant officers within Parks and Natural Environment and Leisure and Recreation Services Departments. All preferred tenderer’s business viability has been considered.

Collaboration

Collaborative procurement was not considered suitable for this Contract due to site specific specifications and requirements, and ability to ensure contractor capacity and availability to undertake the project works in a timely manner. It was assessed that there would be no cost benefit to Council through collaboration due to the type of services and materials provided.

The contract specification was developed to maximise the purchase of bulk materials by having tendered rates for both smaller and larger quantities.

Financial and Resource Implications

The Contract for Landscape Services is based on an agreed Schedule of Rates. The rates are subject to a CPI adjustment on each anniversary of the contract. Under the schedule of rates Contract, there is no minimum quantity of work guaranteed to any contractor. To encourage competitive submissions, workload indicators were provided.

The services delivered under this Contract will be charged to the relevant endorsed budgets which are primarily funded from annual Operational and Capital Works budgets within the Parks and Natural Environment Department, Design and Construction Department, and Major Projects Department.

The estimated total Council wide expenditure over the initial five year term of the contract is estimated to be $17,500,000 excluding GST, with an estimated total of $25,000,000 excluding GST over the full seven year period should the contract be extended.

Discussion and Options

The recommended contractors provide a high level of expertise and knowledge into best practice processes and services, and have significant capacity to undertake the works through provision of extensive plant and equipment and staff resources.

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. An assessment of contractor capability relevant to each particular engagement will be undertaken to manage quality and risk. Some contractors are suited to smaller jobs or specific activities within the contract, while others are suitable for larger and more complex work. Formal audits to monitor performance and quality will continue to be undertaken at the completion of every project to ensure works have been completed to a high standard within budget and timeframes, and consistent with Council specifications and plans.

The approval of this contract will enable the continuation of landscape services in public open spaces to ensure safe and well maintained areas for community use, and the completion of capital works landscape projects.

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 tenders for the nominated schedule items from:

· Knox Maintenance Pty Ltd (ABN 64107063838) of 119 Old Gippsland Road, Lilydale

· UDL Group Pty Ltd (ABN 48149994258) of 31/31 Fiveways Boulevard, Keysborough

· Yellowstone Landscaping Pty Ltd (ABN 96094921294) of 26/12 Edina Road, Ferntree Gully

· Roma Bros Pty Ltd (ABN 29004334114) of 25 Rainbow Valley Road, Park Orchards

· Ecodynamics Mulch (ABN 64098098429) of 480 Cooper Street, Epping

Attachment

1 Landscape Services Contract 30436 - Tender Evaluation - May 2023

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

Whitehorse City Council

Council Meeting 26 June 2023

10.3 Tender Evaluation (Contract 30449) After Hours Parking

Community Safety
City Development
ATTACHMENT

SUMMARY

To consider tenders received for the provision of After-hours Parking Services and to recommend the acceptance of the tender received from DCA Cities Pty Ltd, for the amount of $1,347,725, including GST and to consider the overall project expenditure for a three year term.

Two tenders were received one of which has extended experience in the sector providing similar services to a number of Councils across Australia.

Further, the preferred tender has provided the tendered service for over six years in Whitehorse.

RECOMMENDATION

That Council accepts the tender and sign the formal contract document for Contract 30449 for the After Hours Parking Service received from DCA Cities Pty Ltd (ABN 83 618 512 968, of Level 6,30 Convention Centre Place, South Wharf, VIC 3006 for the tendered amount of $1,347,725 including GST for a three year period.

Key Matters

The Parking Services team manage parking enforcement and education on clearways (both am and pm), school crossings (both am and pm), parking metered areas, areas within Ground Sensor technology, time restricted areas, residential parking zones, special needs parking and customer service requests relating to parking matters.

Priorities of the service include:

· Clearways 7-9am and 4-6pm Monday to Friday;

· School crossings 8-9am and 3-4pm Monday to Friday throughout the school year;

· Box Hill Hospital precinct;

· Box Hill Metropolitan Activity Centre;

· In Ground Sensor precincts; and

· Customer Service Requests (Over length Vehicle Parking requests, After Hours Illegal parking in residential streets).

The service priorities are based on:

· Safety considerations impacting school crossings and clearway inspections;

· Patrols of high parking demand locations including the Box Hill MAC, hospital precinct and Sensor areas; and

· Responsiveness to customer service requests.

These priority activities are supplemented by routine patrols of areas with parking restrictions around our commercial and retail precincts, time restricted and residential parking areas including around Deakin University and at various other locations across the municipality.

Predominantly, the time restricted areas and permit zones are managed through the core working hours of 9am to 3pm despite many locations having parking controls in place up to 9pm. This work restriction is due to the operational priorities identified earlier in this report, including clearway and school crossing duties.

Generally, community expectations are that if parking restrictions are in place they should be managed to the full extent of the time restrictions, which is often featured in customer service requests.

Combining a number of factors, including spread of hour limitations, school crossing inspections and supervision and meter maintenance programs, the majority of time restricted areas have limited or no parking presence after 3pm despite a demonstrated need.

Many high profile areas including the hospital precinct, Deakin University, retail and business zones and residential areas have parking restrictions in place outside the core service provision times.

These important areas which have ongoing high and competing demands for parking access outside of the core hours are not being managed, resulting in reports of vehicles overstaying the permitted times or being illegally parked. The impact is that motorists with legitimate needs for on street parking options are being denied access to parking and an increasing level of resident dissatisfaction due to non-authorized vehicles being illegally parked in local areas.

Strategic Alignment

Strategic Direction 2 - A thriving local economy, business, employment, education and attract new business investment and innovation

Manages Council’s responsibilities as detailed under the Victoria Road Rules.

Background

Tenders were advertised in The Age newspaper on Saturday 26 April 2023 and were closed on Wednesday 10 May 2023. Two (2) tenders were received.

The tenders were evaluated against the following criteria:

· Cost to Council (40%);

· Experience in the Provision of Parking Services (30%);

· Ability to provide the service within the specified timeframe (20%);

· Capacity to Provide the service (10%); and

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

Whilst the tender received from DCA Cities was not the lowest cost of the two tenders submitted, it is considered to provide the best option for Council’s requirements for the following reasons:

· The tenderer provides extensive on street parking enforcement experience. They have been a provider of on street monitoring and enforcement for over 20 years.

· The tenderer has extensive experience in providing After Hours enforcement at a number of Councils across Victoria.

· The tenderer previously provided an After Hours parking service to Whitehorse City Council between 2018 and 2020.

SUPPORTING REPORT DETAILS

Legislative and Risk Implications

There are no legal or risk implications arising from the approval for this plan.

Consultation

Council’s Procurement team have been consulted extensively to ensure that the procurement is compliant with the Procurement Policy.

Collaboration

No collaboration was required for the approval of this plan.

Financial and Resource Implications

The Contract is a Lump Sum Contract.

	Income	Expenditure
Total Income	$3,000,000
Preferred tenderer’s lump sum offer (including GST)		$1,347,725
Less GST		-$134,772,
Net cost to Council		$1,212,953
Plus Less Contingencies		$
Plus Project Management Fee		$
Total Expenditure		$1,212,953

Discussion and Options

The service provision provides for fair and equitable access to parking options across the municipality, supporting local residents and businesses.

The service was suspended during COVID lockdown.

Conflict of Interest

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

Conclusion

The tender provides for extended parking management supplementing the Council delivered service. The tender extends parking management across the municipality with parking patrols in place Monday to Saturday 2pm to 9pm and six hours two Sundays a month.

The tender is for three years and is anticipated to generate significant revenue covering the cost of the service provision.

The preferred tenderer has been successfully providing this service to the Whitehorse community from 2015 to 2021 (pre COVID).

Attachment

1 Tender Responses

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

2 Evaluation

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

3 Conflict of Interest

Whitehorse City Council

Council Meeting 26 June 2023

10.4 Adoption of Revenue and Rating Plan 2023-2027

Finance
Corporate Servicees
ATTACHMENT

SUMMARY

The Local Government Act 2020 under Section 93 requires Council to adopt a Revenue and Rating Plan by the next 30 June after a general election for a period of at least the next 4 financial years.

Council’s Revenue and Rating Plan 2021-2025 was adopted by Council on 28 June 2021 and a revised version has since been prepared for 1 July 2023 - 30 June 2027.

The revised Revenue and Rating Plan 2023-2027 (the Plan) includes changes to Councils rating structure and will separate out the charge for waste and recycling services from the general rates and itemise these charges in more detail on the annual rate notice from 1 July 2023.

The costs of providing waste management services will be separately identified via a Waste Service Charge consisting of three components:

· Public Waste Service Charge

· Kerbside Waste Service Charge; and

· Supplementary Bin Charge – for additional bins or larger bins that are not part of the Kerbside Waste Service Charge (previously a fee for service and invoiced separately) and to be included as part of the Service Rates and Charges and included on the annual rates notice.

The revised Revenue and Rating Plan 2023-2027 was made available online on Your Say Budget page for a period of two weeks from 10^th May 2023 to 24^th May 2023, at Council’s customer services centres and libraries in accordance with Council’s Community Engagement Policy. No feedback was received on the Plan.

It is recommended that Council now adopts the revised Revenue and Rating Plan 2023-2027 to inform the proposed Budget 2023/24 (plus three consecutive years).

RECOMMENDATION

That Council:

1. Notes that the Revenue and Rating Plan 2023 -2027 has been prepared in accordance with Section 93 of the Local Government Act 2020.

2. Adopts the Revenue and Rating Plan 2023-2027

3. Makes available through Council’s website the adopted Revenue and Rating Plan 2023-2027.

Key Matters

Council resolved in September 2022 to introduce a Waste Service Charge from 1 July 2023. The revised Revenue and Rating Plan 2023-2027 reflects changes to Council’s rating framework to include a Waste Service Charge and consists of three components:

1. Kerbside Waste Service Charge

2. Public Waste Service Charge

3. Supplementary Bin Charges

Supplementary Bin Charges were previously under User fees (fee for service) and invoiced separately and are for additional bins or larger bins that are not part of the Kerbside Waste Service Charge. From 1 July 2023 supplementary bin charges will be included under Service Rates and Charges and included on the annual rates notice.

The Waste Service Charge fully recovers the cost of Council’s waste and recycling services and provides for the future impact of Recycling Victoria reforms and waste sector impacts. The Waste Service Charge is not subject to the rate cap established under the Fair Go Rates System (FGRS), except in the year of introduction (2023/24) where it will be offset by a corresponding proportional reduction in General Rates levied to reflect that waste charges are now separate items while remaining within the rate cap of 3.50% for 2023/24. Future years Waste Service Charge including charges for supplementary bins will be developed as part of budget considerations for the term of this Plan.

The revised Plan also provides further definitions and explanatory information on what rating options are available to Council under the Local Government Act 1989, and how Council’s choices in applying these options contribute towards meeting an equitable rating strategy.

The Victorian Government has passed the Local Government Legislation Amendment (Rating and Other Matters) Act 2022 (Act), making a number of amendments expected to commence operation on 20 June 2023. The following key amendments to the Act include:

· service rates and charges

· special rates and charges

· rebates and concessions for properties providing a public benefit

· financial hardship

The Revenue and Rating Plan 2023-2027 has been updated to reflect amendments where applicable and are discussed further under Legislative and Risk implications contained within this report.

Strategic Alignment

Council Plan

This report aligns to the following strategy in the Council Plan 2021-2025:

Strategic Direction 1: An innovative Council that is well led and governed.

Strategy and Policy

The Revenue and Rating Plan is an important part of Council’s integrated planning framework, all of which is created to achieve our vision in the Community Plan. Strategies outlined in this plan align with the objectives contained in the Council Plan 2021-2025 and will feed into our budgeting and long-term financial planning documents, as well as other strategic planning documents under our Council’s strategic planning framework.

The Waste Service Charge Policy was adopted by Council on 8 May 2023 and has been developed so that there is transparent application of the decision to implement a Waste Service Charge.

background

The Local Government Act 2020 states that councils must adopt a Revenue and Rating Plan by the next 30 June after a general election for a period of at least the next 4 financial years. Council adopted the first Revenue and Rating Plan under the Act 2020 in June 2021. This Plan provides an update to reflect changes to the Council’s rating structure and covers the period 1 July 2023 to 30 June 2027.

The purpose of the Plan is to determine the most appropriate and affordable revenue and rating approach, which in conjunction with other income sources, will adequately finance the objectives in the Council Plan.

In particular, the Plan will set out the decisions Council has made in relation to rating options available to it under the Local Government Act 2020 to ensure the fair and equitable distribution of rates across property owners. It will also set out the principles for fee and charge setting and include other revenue items to ensure Council’s commitment to responsible financial management is achieved, while at the same time continuing to provide high quality, accessible services to the community.

Discussion and Options

It is recommended the following rating principles remain in place:

· A general rate is applied to all properties and continue with a uniform rate

· Continues not to apply a differential rating structure

· Not levying a municipal charge

· Not offering any Council concessions

· Not offering any incentives for prompt payment.

· Continue to apply special rate and special charge provisions of the LGA for Special Charge Scheme for Infrastructure Projects, Special Rate and Special Charge Schemes in Commercial Centres in accordance with Policy.

· Council will declare rate equivalent amounts calculated by having regard to the services provided to eligible Cultural and Recreational Lands properties and the benefit to the community derived from them, at the times and in the manner prescribed by the CRLA. Currently there are 32 properties.

It is proposed to introduce a Waste Service Charge from 1 July 2023 consisting of three components:

The Waste Service Charge consists of three components:

· Kerbside Waste Service Charge – to recover the full cost of providing Council’s kerbside waste and recycling collection services and is charged to all properties eligible for Council’s kerbside bin services. From July 2023, households using the standard service pay for one 80 litre garbage bin collected weekly and one recycling bin collected fortnightly.

· Public Waste Service Charge – to recover the full cost of waste services including public bins, street cleaning, drain cleaning, waste and environmental education and pre-booked hard waste collection services. This will be charged to all properties in Whitehorse even if the property does not have access to the kerbside bin services or hard waste service, on the basis of the public benefit. This excludes non-rateable properties without kerbside Council bin services.

· Supplementary Bin charges – for additional bins or larger bins that are not part of the Kerbside Waste Service Charge.

The separation of a Waste Service Charge is designed to allow Council to recover waste and recycling costs in future years. Future increases are subject to the annual budget process and may increase at a greater rate than the Fair Go Rate Cap and will allow for the future impact of Recycling Victoria reforms and waste sector impacts.

Supplementary bin charges were previously under User fees (fee for service) and invoiced separately. From 1 July 2023 supplementary bin services will be included under Service Rates and Charges and included on the annual rates notice.

Council will decide on an annual basis what bin configuration forms part of the Kerbside Waste Service Charge. This may change as Council considers changes to the frequency of collection and the implementation of additional bin services.

The advantage of a separate waste charge is that it is readily understood and accepted by residents as a fee for a direct service that they receive. It further provides equity in the rating system in that all residents who receive exactly the same service level all pay an equivalent amount.

The mix of having a fixed charge for waste services combined with valuation driven rates for the remainder of the rate invoice provides for a more balanced and equitable outcome.

SUPPORTING REPORT DETAILS

Legislative and Risk Implications

The Local Government Act 2020 under Section 93 requires Council to adopt a Revenue and Rating Plan (the Plan) by the next 30 June after a general election for a period of at least the next 4 financial years.

The Victorian Government has passed the Local Government Legislation Amendment (Rating and Other Matters) Act 2022 (Act). The Act amends both the Local Government Act 1989 and the Local Government Act 2020 and will commence operation on 20 June 2023, or an earlier day to be proclaimed.

The key amendments to the Act have been incorporated into the revised Revenue and Rating Plan and include:

1. Service rates and charges

Changes to the Act include Section 162(1)(b) of the Local Government Act 1989 which allows a council to declare a service rate or service charge for the collection and disposal of refuse. The Act has been amended to reflect wording changes from “the collection and disposal of waste’ to ‘waste, recycling or resource recovery services’.

Waste service charges were previously limited to ‘the collection and disposal of refuse’. The amendments to the Act includes a description of waste charges to ensure that all the services relevant to modern waste management activities are covered such as collection, transport, processing, storage and treatment of waste and recyclable materials. The definition is aligned with that of the Circular Economy Act 2021 and the Government’s recycling reforms.

Council has introduced a waste service charge in accordance with this section and is consistent within the current legislation and amendments, having no net impact on Council.

2. Special rates and charges

Under the new legislation, any special rates and charges declared by councils must be levied within 12 months of the declaration, otherwise they will expire. This change is designed to prevent an unreasonably delayed collection of rates and charges. A council must levy a special rate or charge by sending a notice to each person liable to pay.

3. Rebates and concessions

The Act includes rebates and concessions for properties providing a public benefit. Whitehorse does not currently provide rebates or concessions under this section of the Act.

4. Financial hardship

The Victorian Government has passed the Local Government Legislation Amendment (Rating and Other Matters) Act 2022 (Act), making a number of amendments including a particular focus on ratepayers experiencing hardship and improving the way rates are collected. In particular, the alternative means of paying rates via a payment plan has been formalised in legislation. While this is already a common practice, the amendments will ensure consistency between all councils through mandatory guidelines. At the time of writing this report the mandatory guidelines have not yet been issued.

Whilst the revised Revenue and Rating Plan includes a summary of information on the collection and administration of rates and charges, any amendments if required will be addressed in Council’s Rates Hardship Assistance Policy and supporting guidelines to ensure compliance with the Act.

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

Whitehorse’s rating framework has been altered to reflect the introduction of the Waste Service Charge from 1 July 2023. The revised Revenue and Rating Plan 2023-2027 was made available online on Your Say Budget page for a period of two weeks from 10^th May 2023 to 24^th May 2023, at Council’s customer services centres and libraries in accordance with Council’s Community Engagement Policy. No feedback was received on the Plan.

Extensive community consultation was undertaken on the proposed Waste Service Charge and feedback was sought from the community on a proposed Waste Service Charge throughout April, May and August 2022. The campaign reached over 25,000 people via Social Media, Whitehorse News, emails, social media and events across the municipality. We accepted community feedback by direct submissions, online and offline surveys and social media discussions. 330 people submitted their responses to our online survey, over 150 residents spoke to Council staff members at the engagement pop-ups in Box Hill and Nunawading, and 12 people participated in in-depth workshops.

This change will bring Whitehorse in line with other Victorian councils and will be overseen by the Essential Services Commission to ensure Council only collects as much as it actually costs to provide waste and recycling services.

Financial and Resource Implications

The advantage of separating the waste charge from general rates is that it is readily understood and accepted by residents as a fee for a direct service that they receive. It further provides equity in the rating system in that all residents who receive exactly the same service level pay an equivalent amount.

The mix of having a fixed charge for waste services combined with valuation driven rates for the remainder of the rate invoice provides for a more balanced and equitable outcome.

The Waste Service Charge is not subject to the rate cap established under the Fair Go Rates System (FGRS), except in the year of introduction (2023/24) where it will be offset by a corresponding proportional reduction in General Rates levied to reflect that waste charges are now separate items.

In future years, waste charges declared must be reported to the Essential Services Commission who monitor revenue from waste rates and/or charges as well waste collections and disposal costs. Council’s compliance with the Fair Go Rate Cap is reported annually by the Commission.

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 revised Revenue and Rating Plan 2023-22027 meets all legislated and regulatory requirements under the Local Government Act 2020 and Local Government Act 1989.

It is recommended that Council adopts the revised Revenue and Rating Plan 2023-2027.

Attachment

1 Revised Revenue and Rating Plan 2023-2027

Whitehorse City Council

Council Meeting 26 June 2023

10.5 Adoption of Revised Council Plan for Implementation in Years 3 & 4 and Proposed Budget 2023/24

Finance
Corporate Services
ATTACHMENT

SUMMARY

In accordance with the requirements of the Local Government Act 2020 a review has been undertaken on the Council Plan 2021-2025 to ensure that the Council Plan continues to meet the needs and aspirations of our community in an environment facing ongoing changes.

A Proposed Budget 2023/24 was prepared and is a rolling four-year plan that outlines the financial and non-financial resources that Council requires to achieve the strategic objectives described in the revised Council Plan 2021-2025.

An extensive community engagement process was undertaken on the review of the Council Plan and development of the Budget 2023/24 throughout September and October 2022. More than 500 pieces of feedback were received. This feedback has contributed to the review of the Council Plan and informed the development of the Budget 2023/24. Early engagement meant Council could identify important themes and make informed decisions throughout the budget planning and development process.

The outcomes of the engagement activities relating to the budget including key themes and initiatives funded are outlined in the 2023/24 Budget.

The Revised Council Plan 2021-2025 (for implementation In Years 3 & 4) and Proposed Budget 2023/24 were made available for public display via Council’s online engagement platform, Your Say Whitehorse during the period 10^th May 2023 to 24^th May 2023.

Two community information sessions were held in May, one at the Town Hall and one at the Nunawading Civic Centre, where Council provided a brief presentation on the strategic intent of the Council Plan and Budget, the outcome of the engagement process and a high-level overview of the Proposed Budget 2023/24. A number of Councillors and managers from across the organisation were available on both evenings to answer questions and discuss the Proposed Budget

Councillors were briefed in early June on the budget feedback received during the display period and information sessions, prior to consideration for adoption. Community feedback has been acknowledged and formal written responses will be provided following adoption of the Proposed Budget.

This report recommends that Council adopt the Revised Council Plan 2021-2025 (for implementation in Years 3 & 4) and Proposed Budget 2023/2024 including amendments to the Reserve Governing Principles and declares the rates and charges including “Cultural and Recreational Land properties” for the 2023/2024 rating year.

RECOMMENDATION

That Council:

1. Adopts the Revised Council Plan 2021-2025 (for implementation in years 3 and 4) in accordance with the Local Government Act 2020 (Attachment 1).

2. Adopts the Proposed Budget 2023/24 (Attachment 2) in accordance with Section 94 of the Local Government Act 2020 and as defined by the Local Government (Finance and Reporting) Regulations 2020.

3. Adopts the amendments to the Reserve Governing Principles as detailed in the Proposed Budget 2023/24 for application of financial reserves to be applied from the 2022/23 financial year as reflected in the Budget (including 2022/23 Full Year Forecast).

4. Declares the rates and charges for the 2023/2024 rating year commencing 1 July 2023 and ending 30 June 2024 as detailed in the Proposed Budget 2023/2024 in accordance with sections 158, 161 and 221 of the Local Government Act 1989.

5. Declares the rate equivalent amounts for “Cultural and Recreational Land properties” in accordance with Section 4 of the Cultural and Recreational Lands Act 1963 (CRLA) as detailed in the Proposed Budget 2023/2024.

6. Resolves to include the necessary revenue adjustments to the Budget if the Federal Assistance Grant funding (Victoria Local Government Grants Commission) for 2023/24 is received prior to 30 June 2023.

7. Thanks the community members who participated in the engagement activities for the Council Plan and Budget.

Key Matters

Revised Council Plan 2021-2025 (for implementation in years 3 & 4)

Section 89 of the Local Government Act 2020 (the Act) requires Councils to provide for ongoing monitoring of progress and regular reviews to identify and address changing circumstances within its Council Plan.

While the current Council Plan meets legislative requirements and reflects the voice of the community, there was general internal acknowledgement that the plan could be further enhanced through the streamlining of Strategic Directions and objectives, redefining some of the actions so it is clear what will be delivered, reducing the number of indicators and ensuring progress was measurable.

Support by cross-Council departments to consider community feedback and consolidate and strengthen the alignment between the Strategic Directions and the Whitehorse 2040 Vision, has resulted in the proposed consolidation of strategic directions 1 and 8, the two inward facing directions (‘Innovation, Transformation and Creativity’ and ‘Governance and Leadership’) into one strategic direction – ‘an innovative Council that is well led and governed’.

Based on the Municipal Association of Victoria’s Good Practice Guide, Whitehorse’s Council Plan objectives have also been consolidated from up to five objectives per strategic direction, to one clear objective per strategic direction, describing the future outcome Council is seeking in that particular area.

Strategic Actions were also reviewed to ensure they are sufficiently high level and describe how the objective will be achieved, including initiatives, programs, services that Council will develop, implement and monitor over the remaining two-year period of the Plan to achieve the objective. Some actions were removed because they did not meet these criteria or were too low level/operational and did not reflect the strategic intent of the document. The actions that were removed have been reported on for Years 1 & 2.

The overall number of indicators has been reduced to ensure they are relevant, measurable, achievable and meaningful. Major Initiatives were reviewed to ensure larger-scale initiatives that contribute to the achievement of Council’s objectives and represent areas where significant investments in capital or recurrent resources is made are represented in the Plan and through performance reporting.

A number of major initiatives in the current Council Plan were removed because they do not meet the criteria of being a major initiative or have already been achieved in Years 1 & 2.

Proposed Budget 2023/24

The Budget 2023/24 is mandated by legislation and regulation and the document has been developed with reference to the Local Government Model Budget format, which is prepared by Local Government Victoria each year. Hence Whitehorse City Council’s draft Budget meets all legislative requirements.

For the 2023/24 financial year, Council’s rate rise will be consistent with the Victorian Government rate cap at 3.5% in line with advice from the Essential Services Commission.

To ensure Council’s ongoing commitment to financial sustainability, with State Governments waste reforms, it is recommended through this budget to separate all waste and recycling collection fees from general rates and establish a Waste Service Charge for public waste and kerbside waste collection services for eligible properties.

The Waste Service Charge will be implemented in accordance with legislative requirements that in the first year (2023/24) a Waste Service Charge (public and kerbside charge) will not be used to generate more revenue for Council in addition to revenue raised through rates under the Fair Go Rates System rate cap if it had not implemented the charge.

Supplementary Bin charges for additional bins or larger bins that are not part of the Kerbside Waste Service Charge will be included under service rates and charges and on the rates notice for 2023/24 (previously a fee for service and invoiced separately). Individual ratepayers will be impacted differently depending on what waste services they receive.

The Budget 2023/24 includes amendments to Council’s Reserve Governing Principles for Public Open Space and the Development Reserve. In particular it explains the revised application of funding splits for reserve funded Capital improvement projects. The exact funding split will be assessed and applied for each individual project based on scope and alignment to the reserve principles.

Further information on the reserve principles please refer to Appendix D – Council’s Reserve Governing Principles in the Budget 2023/24 (Attachment 2).

Strategic Alignment

This report aligns to the following strategy in the Revised Council Plan 2021-2025:

Strategic Direction 1: An innovative Council that is well led and governed

Policy

The proposed Budget has been prepared in accordance with Council policies and the Victorian Government’s rate capping legislation. Community engagement on the Council Plan and Budget 2023/24 has been conducted in accordance with the Whitehorse Community Engagement Policy.

background

Revised Council Plan 2021-2025 (for implementation in years 3 & 4)

The Whitehorse Council Plan 2021-2025 (the Plan) was adopted by Council in 2021 and details what Council will deliver to the community, how Council will deliver it and how Council will measure progress.

As required under section 90 of the Local Government Act 2020, a Council Plan must include:

· the strategic direction of the Council

· strategic objectives for achieving the strategic direction

· strategies for achieving the objectives for a period of at least the next four financial years and;

· strategic indicators for monitoring achievement of the strategic objectives.

The revised Council Plan 2021-25 (for implementation years 3 & 4) was prepared in line with the strategic planning principles outlined in Section 89 (2) of the Local Government Act 2020.

A review of the Council Plan commenced in August 2022, looking at the strategic directions, the objectives, strategic actions, major initiatives and indicators, to ensure that the objectives were simplified as well as ensuring the actions contained in the plan are clearly articulated and progress is measureable.

The revised Council Plan 2021-25 (implementation in years 3 & 4) outlines our strategic directions to support our community in:

· An innovative Council that is well led and governed

· A thriving local economy with high quality accessible education opportunities

· A cultural rich, diverse, creative and inclusive community

· A built environment that encourages movement with high quality public places

· Sustainable climate and environmental care

· An empowered collaborative community

· A safe and health community

In undertaking the review and refining the Council Plan, it has been important to maintain the original intent of the Council Plan strategic directions, given these directly align with the Whitehorse 2040 Community Vision, as well as maintaining the integrity of the communities’ and Council work which was undertaken through the Shaping Whitehorse engagement process.

Proposed Budget 2023/24

The Budget 2023/24 (plus three subsequent financial years) has been prepared in accordance with the requirements of Sections 94 and 96 of the Local Government Act 2020, and is in line with the Victorian Government’s rate cap for 2023/24.

The Budget 2023/24 is a rolling four-year plan that outlines the financial and non-financial resources that Council requires to achieve the strategic objectives described in the revised Council Plan 2021-2025 (for implementation in years 3 & 4). It has been prepared with reference to Council’s long term financial plan, which is aimed at creating a sustainable fiscal environment to enable Council to continue to provide the community with high quality services and infrastructure into the medium and long term.

The Budget 2023/24 includes detailed budgeted financial statements (income statement, balance sheet, cash flow statement, capital works) and accompanying notes, detailed listing of the capital works program, other matters required under the Local Government Act 1989 & 2020 and regulations relating to Rates and Charges, and the Schedule of Fees and Charges.

Discussion and Options

Revised Council Plan 2021-2025 (for implementation in years 3 & 4) Community feedback on priorities for the next 12 months and the consolidated Council Plan objectives

There was strong alignment between the priorities identified by community for Council to focus on over the remainder of the Council term and the actions contained in the Plan. More than a quarter of respondents considered the top priority to be ‘new infrastructure and or the maintenance of existing Council assets’ which is addressed by two new actions in the Plan, the ‘implementation of the Whitehorse Asset Plan 2022-2032’ and the ‘delivery of the Whitehorse capital works program, leading to the strengthening, inclusiveness and accessibility of our local neighbourhoods, assets, facilities and services’.

‘Climate change and the natural environment’ was also considered a key priority by the community (at 11%), closely followed by ‘health and wellbeing’ (at 9%), both of which are existing strategic directions and actions in the Council Plan.

Just under half of respondents (43%) indicated that ‘something was missing’ from the Council Plan objectives, however the majority of these suggestions were operational in nature and not suited for inclusion in the Council Plan as strategic objectives.

The suggestions have instead been used to inform the revised strategic actions, for example the objective to ‘advocate for greater housing diversity including affordable and social housing’ was removed and replaced by an updated strategic action to partner in affordable housing advocacy and raising community awareness. Similarly, it was noted that there is no Council Plan objective relating to active transport and as a result a major initiative was added in regard to the implementation of the Easy Ride Routes.

Proposed Budget 2023/24

The Budget 2023/24 is a balanced and financially responsible budget and demonstrates our ongoing commitment to financial sustainability and transformation. It was developed in a challenging economic environment with cost of living and inflationary pressures impacting Council as well as our community.

The operational surplus for 2023/24 is predicted to be $9.5 million. The result is based on revenue of $221 million and expenses of $212 million. A further $50 million is proposed to be spent on capital works, including $7 million on projects carried forward and funded from 2022/23.

The $212 million operational budget outlines the services and initiatives that Council plans to deliver in 2023/24 and the funding and resources required. It also includes continued investment in Council’s transformation program.

A projected rate increase of 3.50% per cent in line with the Victorian Government’s Fair Go Rates System will help fund our extensive Capital Works Program and ensures ongoing delivery of Council’s high quality services and programs.

KEY HIGHLIGHTS OF THE BUDGET

The key components of the Budget 2023/24 are highlighted as follows:

Operational Budget

An operational budget that provides $174 million for the delivery of services to the community including:

· $23.87 million Kerbside and Public Waste Services

· $15.73 million Parks and Natural Environment (maintenance of sports fields, parks and gardens)

· $15.58 million Leisure and Recreation Services

· $11.91 million Health and Family Services

· $11.06 million City Services (maintenance of footpaths, drains and roads, sustainability and depot operations)

· $10.55 million Whitehorse Recycling and Waste Centre (waste transfer station)

· $9.52 million Community Safety (Community Laws, parking, school crossings and emergency management)

· $9.08 million City Planning and Development

· $7.38 million Arts and Cultural Services

· $6.73 million Engineering and Investment

· $5.89 million Libraries

· $4.99 million Project Delivery and Assets

· $2.61 million Community Engagement and Development

· $1.05 million Positive Ageing

· $0.70 million Major Projects

· $0.30 million Home and Community Services

A $50 million Capital Works Program comprising:

· $20.92 million for land, buildings and building improvements

· $6.70 million for plant and equipment

· $6.45 million for roads, bridges and off street car parks

· $5.80 million for recreational, leisure and community facilities

· $4.48 million for footpaths and cycleways

· $3.67 million for parks, open space and streetscapes

· $2.20 million for drainage improvements

NEW OPERATIONAL BUDGET INITIATIVES

Council will continue significant investment in the Transformation Program as part of the Budget for 2023/24.

Key projects underway include:

· Continuation of Council’s Technology Transformation Program which has been designed to improve the customer experience and service delivery.

· Delivery of a new organisational-wide Project Management Framework to improve governance, increase delivery and build capability.

· Increased focus on review, planning and continuous improvement in service delivery

· Establishment of a dedicated two year team to establish a long term approach to maximising strategic value from Council’s property portfolio

· Enhanced Service Planning process with greater alignment with the Council Plan, and improved reporting and management of key performance metrics.

FEES AND CHARGES

Fees and charges have been reviewed with consideration of several influencing factors including full costs, market comparison and an emphasis on accessibility, equity and social justice considerations. The proposed 2023/24 fees and charges will achieve a budgeted income of 5.2% lower than the 2022/23 forecast, primarily due to the transfer of supplementary bin charges to Rates & Charges income, as well as reduced fee income due to the discontinuation of Whitehorse Home & Community Services.

A number of fees and charges are set by other levels of government regulation (statutory) and are not subject to discretionary change by Council. Statutory fees will be changed by Council when advised of a change by the relevant authorities. These are clearly identified in the schedule of fees and charges.

KEY PRESSURES AND CHALLENGES

In preparing the Budget 2023/24, a number of external influences have been taken into consideration because they are likely to impact significantly on the services delivered by Council in the Budget period. These include:

· The average rate increase will rise by 3.50% in 2023/24 under the Fair Go Rates System. Rate cap increases for Victorian councils have generally been linked to the forecast movement in the Consumer Price Index (CPI), although this year the rate increase is below the projected CPI forecast from the Department of Treasury and Finance of 4% for 2023/24.

· The cost of waste and recycling continues to rise due to the Victorian Government landfill levy increases and increasing volumes of waste and recyclable materials collected. The cost of processing co-mingled recyclable materials has risen from 2022/23 to 2023/24. There have been significant operational costs increases and increases associated with regulatory changes to both the local and international recycling markets.

· Inflationary pressures and supply issues continue to pose significant challenges to businesses, households, and economies worldwide in 2023. These challenges, particularly within the building and construction industry, have lead to persistent disruptions in supply chains across many markets, resulting in material shortages and increased costs. Whilst supply chain issues are resolving and these pressures are beginning to ease, it continues to present a challenge in accurately predicting costs for the 2023/24 Capital works program.

· The State Government has announced changes to the WorkCover Scheme and is creating Return to Work Victoria, to help people get back into the workforce as part of the new reforms to ensure Victoria’s WorkCover scheme is sustainable and fit for purpose. The 2023/24 budget reflects an estimated increase in WorkCover premium.

· Cost shifting by other levels of government. Cost shifting occurs where local government provides a service to the community on behalf of the State or Federal Governments. Over time, the funds received by Council do not increase in line with real cost increases. Examples of services that are subject to cost shifting include school crossing supervision and library services.

· The State Government Fire Services Property Levy will continue to be collected by Council on behalf of the state government under the Fire Services Property Levy Act 2012.

· Changing demographic as a result of an ageing and increasingly culturally diverse population resulting in the need for Council to develop facilities which are accessible and adaptable to inter-generational, diverse and multicultural community users.

· Community expectations for Council to be a leader in environmental sustainability by planning for the effects of climate change, education and awareness of the benefits of trees and natural bushland, and supporting the community in protecting and enhancing our natural assets and open spaces.

SUPPORTING REPORT DETAILS

Legislative and Risk Implications

The review of the Council Plan has been undertaken in accordance with the requirements of Section 89 of the Local Government Act 2020.

(1) A Council must undertake the preparation of its Council Plan and other strategic plans in accordance with the strategic planning principles.

(2e) Strategic planning must provide for ongoing monitoring of progress and regular reviews to identify and address changing circumstances.

The revised Council Plan 2021-2025 has been prepared in accordance with Section 90 the Local Government Act 2020.

The Budget 2023/24 (plus three subsequent financial years) has been prepared in accordance with the requirements of Sections 94 and 96 of the Local Government Act 2020 and Local Government Planning and Reporting Regulations 2020.

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

An extensive community engagement process was undertaken on the review of the Council Plan and development of the 2023/24 budget throughout September and October 2022. This included reviewing the Council Plan objectives, strategic actions and indicators, community online surveys, Vox Pops in Councillor Wards and at the Spring Festival, two drop in sessions and a prioritising workshop with the Shaping Whitehorse Panel.

More than 500 pieces of feedback were received. This feedback has contributed to the review of the Council Plan and informed the development of the Budget 2023/24. Early engagement meant Council could identify important themes and make informed decisions as the budget development progressed.

The top themes to emerge from the community feedback on the Council Plan and Budget were:

Council Plan themes

· New infrastructure/asset management

· Natural environment

· Health and wellbeing

· Programs and services

· Transport and roads

Budget 2023/24 themes

· Community infrastructure

· Hardcourts

· Open space amenity

· Ovals / reserves

· Paths and trails

The Council Plan has been updated to clearly link Council activities with our strategic directions and alignment with the Community Vision 2040. Actions have been more clearly defined and measurable.

The outcomes of the engagement activities relating to the budget including key themes and initiatives funded are outlined in the 2023/24 Budget.

Two community information sessions were held in May, one at the Town Hall and one at the Nunawading Civic Centre, where Council provided a brief presentation on the strategic intent of the Council Plan and Budget, the outcome of the engagement process and a high-level overview of the Proposed Budget. A number of Councillors and managers from across the organisation were available on both evenings to answer questions and discuss the Proposed Budget

Financial and Resource Implications Changes to the Proposed Budget 2023/24

Operating expenditure

The following adjustments have been made to the Proposed Budget 2023/24 subsequent to Council endorsement on the 8^th May 2023:

· Council has received indicative funding allocations for the 2023/24 Victoria Local Government Grants Commission totalling $5.61 million, an increase of $404K compared to the Proposed Budget endorsed on 8^th May 2023. The increase has been reflected in the Budget. The Federal Budget papers indicated that an ‘advanced payment’ of 75 per cent of the funding for 2023/24 will be made however a date is yet to be advised. If received prior to 30 June 2023 the Proposed Budget 2023/24 will be updated accordingly to reflect the brought forward payment into the 2022/23 financial year.

· Timing associated with once-off costs relating to Council decision not to renew its contracts to provide WHACS services including domestic assistance, personal care, flexible respite, home maintenance & modifications, allied health, social support, delivered meals and transport. The Proposed Budget 2023/24 expenditure has been reduced by $574K and has been brought forward and recognised in the 2022/23 forecast result.

· Workcover premiums are expected to increase in 2023/24 and includes the recent State Government changes to the WorkCover Scheme and is creating Return to Work Victoria, to help people get back into the workforce as part of the new reforms to ensure Victoria’s WorkCover scheme is sustainable and fit for purpose.

· Council resolved at the Council Meeting on 22 May 2023 to include the following expenditure in the 2023/24 Budget for Strategic Property Projects:

o $400,000 for the completion of a business case for construction options for Aqualink Nunawading.

o $700,000 to enable the delivery of a dedicated 2-year team to establish a long-term approach to maximising strategic value from Council’s property portfolio including investigations into the infrastructure (building) requirements for the library service, and options for a key strategic site at Silver Grove in Nunawading.

Council Rates & Charges

The Proposed Budget 2023/24 endorsed by Council on Monday 8^th May 2023 used preliminary valuations (Capital Improved Value - CIV) provided by the Victorian Valuer General.

Subsequent to approving the Proposed Budget 2023/2024 in May, Council received final approval and certification of valuations provided by the Valuer General’s office. The Proposed Budget 2023/2024 has been updated to reflect final valuation figures used in rating income calculations in the 2023/24 Budget. Minor adjustments have been made to the General Rate in the Dollar with an adjustment to rate income of $5K primarily due to finalisation of approved supplementary valuations. The adjustments have been made to ensure compliance with the Victorian Governments rate cap for 2023/24 of 3.50%.

Innovation and Continuous Improvement

The changes to the Council Plan have been carefully considered to ensure the strategic intent of the Shaping Whitehorse panel and Council in the design of the initial plan in 2021 is maintained however the review of the plan is a key step in continuous improvement for Council and will have significant positive implications on planning across the organisation as the plan now more appropriately reflects the alignment with the Community Vision, only identifies actions of a strategic nature, is measurable and progress can be reported in a more meaningful way.

Collaboration

A review of the Council Plan involved meetings with all Council departments to undertake the community engagement, consider the strategic directions, objectives, strategic actions, indicators and supporting plans and policies.

A cross divisional working group was also formed to review the community feedback and discuss how to best address it in a revised Council Plan and to inform the Budget 2023/24.

1. The Budget 2023/24 which includes the development of operating and capital budgets for the 2023/24 year has been developed over a series of briefings with Councillors and each Council department.

Conflict of Interest

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

Conclusion

As per the requirements of the Local Government Act 2020, Council Officers have developed the key strategic documents to address the priorities of our community and drive Council performance in 2023/24 and beyond.

This report recommends that Council adopt the Revised Council Plan 2021-2025 (for implementation in Years 3 & 4) and Proposed Budget 2023/2024 in accordance with the Local Government Act 2020.

Attachment

1 Council Plan for Implementation in Years 3 & 4

2 Proposed Budget 2023-24

Whitehorse City Council

Council Meeting 26 June 2023

10.6 Quarterly Performance Report January to March 2023

Corporate Planning and Performance
Corporate Services
ATTACHMENT

SUMMARY

The purpose of this report is to brief Council on the performance against the Council Plan 2021-2025 and the Annual Budget 2022/23 for the quarter ended 31 March 2023.

Pursuant to section 97 of the Local Government Act 2020, the Quarterly Performance Report (Attachment 1) provides a quarterly budget report including details and commentary on Council’s year to date performance compared to the budget.

The Quarterly Performance Report also includes a high-level summary of Council’s performance against major initiatives, initiatives, and services identified in the Council Plan 2021-2025. These are significant projects that will directly contribute to the achievement of the Council Plan 2021-2025 and budget. They may include actions that are once-off in nature and/or lead to improvements in services.

RECOMMENDATION

That Council notes the Quarterly Performance Report for the quarter ended 31 March 2023.

Key Matters

Section 97(2) of the Local Government Act 2020 (the Act) requires Council to prepare a Quarterly Budget Report containing:

(a) A comparison of the actual and budgeted result to date; and

(b) An explanation of any material variations; and

In addition to complying with section 97(2) of the Act, the report also contains a progress update for the quarter for the initiatives identified in the Council Plan 2021-2025.

Performance against Annual Budget

The year to date (YTD) financial result at 31 March 2023 was a surplus of $41.78M, $0.02M unfavourable to YTD adopted budget. Income was $3.98M lower than budget mainly reflecting lower than budgeted statutory fees and fines ($2.91M), user fees ($2.10M), monetary contributions ($0.96M) and higher losses on asset disposals ($0.86M), partially offset by increased interest income ($1.68 M) and capital grants ($0.77M). Expenditure was $3.96M below adopted budget primarily relating to lower materials and services expenditure ($3.90M), employee costs ($2.05M), partly offset by higher depreciation ($2.15M).

Council conducted an Annual Forecast review for 2022/23 in August to include the reduction of ERP project progress payments in 2022/23 due to timing ($1.20M recognised in 2021/22) and the carry-forward of unspent funds from 2021/22 into 2022/23 (net impact $839k). The full year forecast in August was presenting a surplus of $7.10M, $359k increase compared to the $6.74M annual adopted budget.

· The projected year-end result for 2022/23 was further reviewed in January based on the actual trend and anticipated changes. A surplus of $1.93M is predicted, $5.17M unfavourable to the August forecast and $4.81M unfavourable to the Adopted Budget.

Performance against Council Plan

Using a combination of the Council Plan 2021-2025, and the Adopted Budget 2022/23, 61 significant initiatives have been identified that contribute to the achievement of the strategic directions and goals of Council. There were fourteen (14) initiatives completed in the previous quarters. This quarter saw 47 initiatives being reported: three (3) were completed, 41 are on track and three (3) require monitoring.

Strategic Alignment

Council Plan 2021-2025 and Community Vision 2040.

The report supports Strategic Direction 8: Governance and Leadership. In particular, it supports the following objectives:

Objective 8.2: Provide responsible financial management and business planning.

Objective 8.3: Good Governance and Integrity.

Policy

Not Applicable

background

At the conclusion of each quarter of the financial year, Council prepares a Quarterly Performance Report summarising the financial and non-financial performance for the quarter. It is a summary of achievements and statutory information for the quarter. The report provides progress details on performance against the Council Plan 2021-2025 and the Budget 2022/23.

Discussion and Options

The Quarterly Performance Report provides the opportunity for Whitehorse City Council to communicate to the community its achievements and challenges from quarter three of the financial year.

SUPPORTING REPORT DETAILS

Legislative and Risk Implications

Pursuant to 97(1) of the Local Government Act 2020, The Chief Executive Officer must, as soon as practicable after the end of each quarter, ensure that a quarterly budget report is presented to Council at a Council meeting that is open to the public.

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

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 Quarterly Performance Report fairly represents Council’s operations, financial position and Council’s performance to date in respect to quarter three of the 2022/23 financial year. The information presented satisfies all legislative requirements.

Upon the report being considered at the Council meeting, it will be made available to the community for viewing on Council’s website.

Attachment

1 Quarterly Performance Report January to March 2022/23

Whitehorse City Council

Council Meeting 26 June 2023

10.7 Mont Albert and Surrey Hills Level Crossing Removal Project – Urban Plaza Naming in Mont Albert

Engineering and Investment

City Development

ATTACHMENT

SUMMARY

This report provides the background for the development and naming of the new urban plaza to be constructed as part of the Mont Albert and Surrey Hills Level Crossing Removal Project. The urban plaza when constructed, will form a destination point for pedestrians in Mont Albert Village, whilst providing access between Hamilton Street and Beresford Street over the new rail trench.

The plaza needs to be formally named to provide the community with an identifiable location, in accordance with State Government place naming legislation and guidelines.

RECOMMENDATION

That Council:

1. Notes the results of the two stages of community consultation completed to name Mont Albert’s new urban plaza which is being delivered as part of the Union Road and Mont Albert Road Level Crossing Removal Project.

2. Resolves to formally name the plaza “Mont Albert Village Plaza”.

Key Matters

The plaza needs to be formally named so it can be clearly identified as part of the Mont Albert locality and specifically, as a destination point associated with the Mont Albert Village activity centre.

Council is a naming authority under the Geographic Place Names Act 1998.

Strategic Alignment

The report aligns with the following objectives of the Whitehorse City Council Plan 2021-2025:

Strategic Direction 4: Our Built Environment; Movement and Public Places.

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

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

Strategic Direction 6: An empowered collaborative community.

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

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

Strategic Direction 8: Governance and leadership

Objective 8.3 Good Governance and integrity.

Policy

Council’s “Criteria and Procedures for naming Council facilities after individuals” Policy has been referenced and used as a guide in the naming of the plaza. This Policy however, is not fully relevant to the naming of this asset as it is not being named after a person.

Geographic Names Victoria were consulted as the governing body that oversees the naming and registration of roads, features and localities in Victoria by administering the Geographic Place Names Act 1998.

The Council endorsed name will be submitted to Geographic Names Victoria for approval and for application to their directories.

background

The State Government is removing two level crossings in Union Road, Surrey Hills and Mont Albert Road, Mont Albert as part of the Victorian Governments “Big Build” program. Project delivery works commenced in mid-2022 and are to be fully completed in late 2023.

As part of the project delivery, several significant community assets are being delivered to improve the locality. This includes the reconstruction of Lorne Parade Reserve including a play space and open space works, the construction of the new pick-up and drop-off area including some open space works, a shared use path to ultimately connect the Box Hill to Ringwood and Box Hill to Hawthorn Strategic Cycling Corridors and, the delivery of the urban plaza within Mont Albert Village, to be constructed over the rail trench including urban and open space works.

The plaza will provide pedestrian only access from Beresford Street to Hamilton Street, and provides a significant asset for the Whitehorse community to use for years to come. Further, it will become the “new home” of the refurbished, old Mont Albert station building.

Discussion and Options

Community Consultation Stage 1 – Working Group Consultation

Community consultation was undertaken with the Mont Albert Level Crossing Removal Urban Realm Vision Working Group. Council created this group with interested parties and community advocates to develop a Vision for key open space and urban areas associated with the project.

In February 2023, Council contacted group members and requested feedback regarding the future name of the plaza. Feedback provided three preferred options including Mont Albert Village Plaza, Mont Albert Heritage Plaza and Mont Albert Village Common.

These names were given provisional approval by Geographic Names Victoria.

Community Consultation Stage 2 - Broad Community Consultation

Given the feedback from the Community Consultation undertaken in Stage 1, Council carried out broad community consultation for 30 days (from 20 March to 18 April 2023). Consultation ran through Council’s Your Say platform; Council’s social media platforms; a letter drop to approximately 160 properties in the vicinity of the site; and via posters located near the site.

The naming options of Mont Albert Village Plaza, Mont Albert Heritage Plaza and Mont Albert Village Common were provided, together with the option of supporting “none of these options”, together with room to provide further comments.

A total of 367 responses were received.

Mont Albert Village Plaza received 37% support; Mont Albert Heritage Plaza received 11.8% support; Mont Albert Village Common received 25.5% support; and “None of these options” received 25.8% support. Alternative suggestions in this response ranged from 7 responses for an indigenous naming; and 25 responses for an alternative or shortened version of the suggested names.

A plaza can be defined as: A public square in a city or town; An open area usually located near urban buildings and featuring walkways, trees and shrubs, places to sit and sometimes shop; or a public square in a city or town. There are several other variations of terminology for “plaza” however in line with the general understanding of a plaza, it is deemed a suitable name for this location.

SUPPORTING REPORT DETAILS

Legislative and Risk Implications

The following legislative obligations are required to be considered when naming a site:

· The Geographic Place Names Act 1998 makes provision for naming of places and the registration of place names.

· The Geographic Names Victoria (GNV) oversees the naming and registration of roads, features and localities in Victoria.

· The Naming Rules for Places in Victoria – Statutory requirements for naming roads, features and localities (2022) publication developed by GNV. The Naming Rules are guided by 13 Naming Principles and considered: Principle B – Recognising the public interest; Principle C –Linking the name to place; Principle D – Ensuring names are not duplicated; Principle F – Names must not discriminate or be offensive; Principle L – Directional names avoided.

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

A strategic engagement and communications plan was developed in collaboration with Council’s Strategic Communications team and Community Planning and Engagement team. The community consultation process and outcomes, are detailed within this report.

Financial and Resource Implications

There will be minor financial and resource implications once the name is formally approved, which include:

· Naming registration with Geographic Names Victoria.

· Possible signage.

· Notification to the community of the selected name.

Innovation and Continuous Improvement

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

Collaboration

As part of this project, advice was obtained from Geographic Names Victoria (GNV). Officers across the following teams have been involved in this process including:

• Major Transport Projects

• Strategic Communications

• Community Engagement and Development

• Leisure and Recreation Services.

Conflict of Interest

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

Conclusion

Following community consultation, it is recommended that Council consider formally naming the plaza area that is to be constructed as “Mont Albert Village Plaza” based on the consultation responses.

Attachment

1 Mont Albert Plaza concept designs

2 Plaza Naming - Community Consultation Stage 2 results

Whitehorse City Council

Council Meeting 26 June 2023

10.8 Instrument of Delegation from Council to Chief Executive Officer and to Members of Council Staff

Governance and Integrity
Corporate Services
ATTACHMENT

SUMMARY

There are numerous statutes which confer a responsibility on councils to take action or determine matters, it is not practical for the Council or the Chief Executive Officer (CEO) alone to exercise the many statutory powers bestowed on Council.

Instruments of Delegation represent the formal delegation of powers by Council under relevant legislation and enable the business of Council to be carried out efficiently and in line with Council approved policies.

Council subscribes to Maddocks (Lawyers) Delegations and Authorisations InDepth Service which provides a range of schedules for Council to utilise and modify according to their organisational needs in line with relevant legislation.

One of the instruments that Maddocks prepare in their service is the Instrument of Delegation from Council to Members of Council Staff, also known as Schedule 6 or s6. The s6 includes Acts and Regulations that must be delegated directly from Council as distinct to other legislation that can be sub delegated from the CEO to staff.

The s6 includes:

· Domestic Animals Act 1994

· Food Act 1984, Heritage Act 2017

· Local Government Act 1989

· Planning and Environment Act 1987 and regulations

· Residential Tenancies Act 1997

· Road Management Act 2004 and regulations

Council last revised the s6 on 9 May 2022. In July 2022 and January 2023 Maddocks released updates to the delegation schedules.

A service review of the Statutory Planning Service was undertaken in 2022 with outcomes and recommendations provided to Council. One of the recommendations was in relation to changes within the s6 Instrument of Delegation under the Planning and Environment Act 1987. These changes were resolved by Council in March 2023 and have been incorporated as part of this review.

The revised Instrument of Delegation from Council to Members of Council Staff (s6) is presented to Council for consideration and provides a schedule of the legislation that only Council can delegate directly to Members of Council staff, and that the Chief Executive Officer is unable to sub delegate under the Local Government Act 2020.

The CEO delegation is included for review, although there are no material updates to the Chief Executive Officer (CEO) Instrument of Delegation, previous advice from Maddocks was that the Instrument of Delegation to the CEO should be re-made whether there are any changes or not. Noting that there have been some minor clerical amendments.

RECOMMENDATION

That Council in the exercise of powers conferred by the legislation referred to in the instrument of delegation (attached) resolves that:

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

2. The Chief Executive Officer be authorised to sign the Instrument of Delegation, Council to Members of Council Staff s6

3. The Instruments of Delegation come into force immediately upon execution. On the coming into force all previous s6 delegations to members of Council staff and the s5 Chief Executive Officer Instrument of delegation are revoked.

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

Key Matters

Instruments of Delegation represent the formal delegation of powers by Council and enables the business of Council to be carried out efficiently, effectively and in line with Council approved policies.

Delegations are assigned to positions within Council, rather than to natural people. When executing power under delegation, all staff are also limited and bound by Council policies and procedures.

The s6 Instrument of Delegation from Council to Members of Council Staff is used by a Council to delegate to members of its staff those powers that are contained in legislation which have their own power of delegation (but no express power of sub-delegation).

The legislation that is captured in the s6 Instrument of Delegation from Council to Members of Council Staff includes the following:

· Domestic Animals Act 1994

· Food Act 1984, Heritage Act 2017

· Local Government Act 1989

· Planning and Environment Act 1987

· Residential Tenancies Act 1997

· Road Management Act 2004

· Planning and Environment Regulations 2015

· Planning and Environment (fees) Regulations 2016

· Road Management (General) Regulations 2016, and the Road Management (Works and Infrastructure) Regulations 2015.

Where the powers under legislation are not required to be delegated, the column ‘delegate’ is populated with ‘not delegated’.

As per advice received from the Maddocks Delegation and Authorisation In Depth Service, the regular review of delegations, irrespective of changes, is important for the good governance of Council and ensures that Council regularly reviews their delegated powers and that legislative reform and organisation restructures are captured.

Regular review also promotes transparency and accountability to the community on the powers, duties and functions of Council to all staff, including the Chief Executive officer.

The Instrument of Delegation from Council to Members of Council Staff (s6) is attached to this report at Attachment 1 and Delegation from Council to the Chief Executive Officer at Attachment 2.

Strategic Alignment

This report aligns with Strategic Direction 8 of the Council Plan ‘Governance and Leadership’ specifically Objective 8.3 Good Governance and Integrity, this is focused on compliance with Council policies, legislative requirements and regulations.

background

Council last reviewed and adopted the s6 on 9 May 2022. In July 2022 and January 2023 Maddocks released, via their InDepth Service, amendments to the s6 and other instruments in accordance with legislative change and reform.

SUPPORTING REPORT DETAILS

Legislative and Risk Implications

Council is not a natural person and therefore, on a practical level, must undertake its responsibilities through others, usually through Council officers. A delegation of a Council power enables a member of Council staff to act on behalf of Council and allows for the effective day to day functioning of Council.

Reviewing Council’s delegations ensures Council continues to comply with its obligations under various Acts and Regulations and enables the business of Council to be carried out efficiently

Updating and managing instruments of delegation ensures compliance with Section 11 of the Local Government Act 2020

Councils are required to maintain a register of all the instruments of delegation that are in force in accordance with S11 of the Local Government Act 2020.

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.

Innovation and Continuous Improvement

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

Collaboration

Relevant departments across the organisation have been involved in the consultation process to inform the relevant positions within Council to be ‘delegated’ the right duties, powers and functions under each respective piece of legislation.

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

Delegations are necessary to facilitate the Council functioning effectively by enabling the Chief Executive Officer and officers to make day-to-day decisions about routine administrative and operational matters.

Attachment

1 S6 Instrument of Delegation - Members of Staff

2 S5 Instrument of Delegation - Chief Execuitve Officer

Whitehorse City Council

Council Meeting 26 June 2023

10.9 Records of Informal Meetings of Councillors

RECOMMENDATION

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

Pre-Council Meeting Briefing 22 May 2023 – .6.35pm -6.55pm
Matter/s Discussed: · Public Presentations · Council Agenda Items 8 May 2023	Councillors Present	Officers Present
	Cr Lane (Mayor & Chair)	S McMillan
	Cr Cutts (Deputy Mayor)	S Cann
	Cr Barker	J Green
	Cr Carr	L Letic
	Cr Massoud	S Sullivan
	Cr Davenport	C Clarke
	Cr Liu	V Ferlaino
	Cr McNeill	K Woods
	Cr Skilbeck	M Hofsteter
	Cr Stennett
Others Present N/A
Disclosures of Conflict of Interest None Disclosed
Councillor /Officer attendance following disclosure N/A

Councillor Briefing 5 June 2023 – 7.00pm – 8.40pm
Matter/s Discussed: 1. Quarterly Performance Report January to March 2022/23 2. Update on 2023/24 Budget 3. Whitehorse Home and Community Services Update 4. Welcome and Acknowledgements at Council Meetings	Councillors Present	Officers Present
	Cr Lane (Mayor & Chair)	S McMillan
	Cr Cutts (Deputy Mayor)	S Cann
	Cr Barker	J Green
	Cr Carr	S Sullivan
	Cr Massoud	S White
	Cr Davenport	C Altan
	Cr Liu (online)	C Clarke
	Cr McNeill	V Ferlaino
	Cr Munroe	M Hassan
	Cr Skilbeck	Z Tropiano
	Cr Stennett	K Woods
		C Bolitho
		J Quinn
		N Saleh
Others Present: N/A
Disclosures of Conflict of Interest: None Disclosed
Councillor /Officer attendance following disclosure: N/A

Councillor Briefing 19 June 2023 – 6.30pm – 8.05pm
Matter/s Discussed: 1. Proposed 2023/2024 Budget 2. Draft Affordable Housing Policy 2023 3. Draft Agenda – 26 June 2023	Councillors Present	Officers Present
	Cr Lane (Mayor & Chair)	S McMillan
	Cr Barker	S Cann
	Cr Carr	J Green
	Cr Massoud	L Letic
	Cr Davenport	S Sullivan
	Cr Liu (online)	S White
	Cr McNeill	C Altan
	Cr Munroe	C Clarke
	Cr Skilbeck	V Ferlaino
	Cr Stennett	Z Quinn
		K Woods
		R Hood
Others Present: N/A
Disclosures of Conflict of Interest: Cr Andrew Davenport declared a COI in Item 10.3 (in the revised Agenda) Tender Evaluation (Contract 30449) After Hours Parking
Councillor /Officer attendance following disclosure: Cr Davenport left the meeting at 8.01pm prior to the discussion and did not return to the meeting.