councillor cossari vacated the chamber at 8.02pm … · council 25 march 2014 councillor cossari...

151 COUNCIL 25 March 2014

COUNCILLOR COSSARI VACATED THE CHAMBER AT 8.02PM DURING DISCUSSION ON ITEM 7

COUNCILLOR COSSARI RETURNED TO THE CHAMBER AT 8.04PM DURING DISCUSSIONON ITEM 7

7. PUBLIC QUESTION TIME

Following the completion of business relating to Item 6, City Development, the business before the Council Meeting was deferred to consider questions submitted by the public. Question Time commenced at 7.50pm. The following questions were raised with Council:

Question 1 To Knox CEO. Could you inform me what Knox Ratepayers costs are at present (legal costs) regarding Timbertop Drive Rowville drainage problems.

Answer The Chief Executive Officer, Dr Graeme Emonson responded that the legal representation at VCAT referred to by the questioner is neither engaged nor funded by Council but the insurer handling the matter.

Question 2 Does Council use funds from its assett (sic) renewal budget to replace infill street trees? And what percentage of the current financial years budget is used for such?

Answer The Director of Engineering and Infrastructure, Dr Ian Bell advised that there are two programs that look at tree planting; the Infill Planting Program which is an operation program with a budget of approximately $230,000 this financial year; and the Street Tree Replacement Program which forms part of the asset renewal program with a budget of approximately $650,000-700,000 this financial year.

152 COUNCIL 25 March 2014 7. Public Question Time (cont'd)

Question 3 What arrangements have been made for staff parking? Street and mall parking!

Answer The Director of City Development, Mr Angelo Kourambas responded there had been many discussions with the hospital regarding parking and that Council has recommended that carparking at the hospital be provided free to staff and contractors to eliminate issues with parking in surrounding streets. Councillor Cossari also responded advising that Council is listening to residents’ concerns regarding parking in this precinct with a view to providing a suitable outcome to all parties.

Question 4 What will the council do about the car parking & Knox hospital issues raised in the attached letter & will the recommendations be adopted.

Answer The Director of City Development, Mr Angelo Kourambas responded that whilst he was not familiar with the content of the letter referred to by the questioner, he was conscious of the carparking issues that had resulted from the increased development at the hospital. Councillor Orpen advised residents who have concerns about the substantial development proposed for the site to attend the VCAT and ask to be heard to express their concerns in person. Mr Kourambas advised that VCAT will notify the interested parties and that he had received notification that the hearing will commence on 14 April 2014 with a mediation followed by the full hearing commencing on 26 May 2014.

Question Time Concluded at 8.10pm.

153 COUNCIL – ENGINEERING & INFRASTRUCTURE 25 March 2014 COUNCILLOR HOLLAND VACATED THE CHAMBER AT 8.11PM DURING DISCUSSION ON ITEM 8.1 COUNCILLOR HOLLAND RETURNED TO THE CHAMBER AT 8.13PM DURING DISCUSSION ON ITEM 8.1

ALL WARDS

8.1 DRAFT GREEN STREETS POLICY

SUMMARY: Coordinator – Open Space and Landscape Design (Marshall Kelaher)

The Draft Knox Green Streets Policy has been developed following Council’s endorsement of the Knox Liveable Streets Plan (2012-2022) and the identified need to review the Knox Streetscape Policy (2003).

During consultation on the Knox Liveable Streets Plan (2012-2022) and Knox@50 the community placed importance on the concept of a green and leafy Knox.

Given the contribution that street trees and naturestrips make towards a green and leafy Knox, a Draft Green Streets Policy has been prepared to guide future implementation of street tree planting and guidance for the community in the maintenance of naturestrips.

That Council

RECOMMENDATION

1. endorse the Draft Green Streets Policy presented as Appendix A of this report for purposes of community consultation; and

2. refer the Draft Green Streets Policy for public exhibition and feedback as outlined in the consultation section of this report.

The current Knox Streetscape Policy 2003 is the guiding document for the management and delivery of street tree planting programs and the management of naturestrips. This Policy has served Council well since its introduction in 2003 but is in need of review, given the recommendations and direction of the Knox Liveable Streets Plan (2012-2022) which was adopted by Council at its meeting of 29 May 2012.

1. INTRODUCTION

The Knox Liveable Streets Plan (The Plan) was developed between 2010 and 2012 as a strategic planning document intended to contribute to and guide Council policy in a number of areas relating to the street environment.

The Plan developed a number of key themes, which are to function as a guide and action plan with respect to Council’s management and enhancement of its streets.

154 COUNCIL – ENGINEERING & INFRASTRUCTURE 25 March 2014 8.1 Draft Knox Green Streets Policy (cont’d)

The existing Streetscape Policy recognises the importance of managing street trees and allows for private landscaping of naturestrips only under special circumstances. These special circumstances include erosion prevention, public safety enhancement, resident inability to maintain grass, or specific service requirements.

The Plan recommended the preparation of a separate Street Tree Policy and a Nature Strip Policy. It has been determined however that a joint policy which reflects the community’s clear aspiration for a green and leafy Knox would be more effective, consistent with current policy and reflect the importance of considering the street as single entity.

This is supported by the findings of the Knox@50 Project which undertook significant community consultation on a range of issues and prospective opportunities. A key finding was the importance of local identity which included a country/city feel. Through the surveys undertaken as a part of the Knox@50, an average of 85% of respondents said that trees and vegetation were important or very important to them in the creation of a country/city feel.

In addition to the strategic imperative for Council to review the current Streetscape Policy, it is recognised that over the past twelve (12) months, there has been significant community interest in Council’s approach to large scale street tree replacement, as evidenced in Lakeside Boulevard, Rowville. To this end, a petition was tabled at the 26 February 2013 Council Meeting, containing 460 signatories, seeking that Council put a hold on this program. The tabling of the petition preceded an item of Urgent Business which was raised in relation to Council’s review of its Streetscape Policy. The Call Up item carried by Council noted:

‘That the draft Knox Green Streets Policy currently being prepared by officers for Council’s deliberations be presented at the 7 May 2013 Issues Briefing of Council and include:

1. consideration of the full range of environmental, social and economic impacts associated with the maintenance, replacement and protection of Council’s street trees;

2. an assessment framework that recognises the distinctive nature of neighbourhood character within suburbs and the broader municipality, thereby allowing for localised outcomes with respect to street tree replacement programs;

3. support biodiversity of native fauna through preference to native and indigenous species of tree for street tree replacement programs where practicable.’

Further consultation with Council has identified a number of considerations to be taken into account in the development of the Draft Green Streets Policy as follows:


· Given the concerns regarding infrastructure damage in areas of Rowville adjacent to Corymbia maculata trees (Spotted Gum), developing a risk based approach to certain areas and tree species was considered important to investigate.

· The impact of street tree replacement is preferred to be minimised through a staggered approach to replacement whilst noting that the risk assessment may require, at times, a more urgent and wide ranging response.

· Any staggered street tree replacement approach would be dependent on the risk assessment.

· With regards to community consultation for the replacement of individual trees, there is preference for a ‘like for like’ replacement approach. It was also noted that consultation is preferred to be confined to residents of that road incorporating local, link and collector roads. This approach is preferred for link or collector roads as well. For industrial roads, Council is to decide on tree species choice unless the situation is determined to require consultation.

· The importance of consistent graphic representation (such as photos) of street trees with common names as well as botanical names is considered important for purposes of consultation.

· Given the issue of risk management, the principle of householder plantings of nature strips was not supported.

As such, the development of the Draft Knox Green Streets Policy – incorporating the review of the Streetscape Policy (2003) has also addressed the requirements of the Call Up item, and considered in some detail a street tree infrastructure risk matrix to guide decision making around street tree replacements.

2.1 Introduction – Streetscape Policy 2003

2. DISCUSSION

The development of the Streetscape Policy 2003 was informed by a number of Council’s key strategic documents including the Corporate Plan, the Knox Urban Design Framework, the Neighbourhood Character Study, the Municipal Strategic Statement and the Knox Vision 2020. This policy provided the framework for the implementation of these strategies’ recommendations in relation to the streetscape.

Development of the Streetscape Policy 2003 was undertaken to provide both the strategic and operational framework to Council and the community with respect to the management, protection and care of assets within the streetscape and in particular the selection and management of street trees.


The development of the Streetscape Policy 2003 was guided by an internal Reference Group consisting of representatives of Parks Services, Asset Management, Local Laws, Facilities, Landscape Services and Governance Departments.

The draft policy was presented to the 17 December 2002 Council Meeting for its review prior to being released for public comment. Based on the comment received through the public consultation process and through sources including the Environment Advisory Committee, the policy was finalised and endorsed by Council in August 2003.

2.2 Recent Street Tree Management Issues

Council’s Street Tree Replacement Program is part of Council’s Asset Renewal Program and has been in place for several years. The original focus of the program was on trees with poor health or structure and those identified as weed species.

This focus changed in 2009-10 following a number of successful claims against Council for damage to infrastructure and private property in Goulburn Drive, Rowville – allegedly caused by the street tree Corymbia maculata (Spotted Gum). Three (3) houses suffered structural damage which resulted in over $220,000 of repair costs.

These trees, along with other external factors, were found to be contributing to structural damage in nearby homes based on geo-technical reports prepared by a qualified structural engineer. The other contributing factors included soil conditions, drought and the design of footings to those homes.

This situation raised a question with Council and its insurers in regard to the extent of the potential problem and risks associated with this species of tree across the municipality. As a consequence, the Street Tree Replacement Program and the associated Ranking Criteria utilised to assess and prioritise trees for purposes of replacement was reviewed. The review placed more emphasis on risk management, and in particular, the mitigation of risk of infrastructure damage and claims against Council for property damage.

Further, Council – as a part of its due diligence responsibilities – had to establish the extent of the potential problem and risk associated with this species of tree across the municipality. Council arborists assessed those streets that have the same species of trees, comparable soil types, size of nature strips, proximity and design of infrastructure etc, and identified a number of streets that are likely to present similar circumstances. An initial list of sixteen (16) streets that was considered likely to present similar circumstances was identified – which incorporated approximately 900 trees.

Whilst it is acknowledged that these trees are in good health and condition, Council recognised that these trees will continue to grow and present a potential risk to infrastructure and private property.


Leading up to the Goulburn Drive situation, Council had been very resistant to the removal of mature or semi mature trees and explored options to manage the risk, such as root barriers. Unfortunately, the size of these trees relative to the width of the nature strip and footpath limits the opportunities for such infrastructure being installed. This would result in the severing of major structural roots to the trees which would thereby lead to stability issues.

In retrospect, the use of this species of tree (Spotted Gum) not only by Knox but many other municipalities should arguably have been avoided. Whilst popular in the 1970s and 1980s, due to its hardiness, consistent form, resistance to pests and disease and value as an avenue tree, it is clear that the ultimate size of these trees and the resultant impact on infrastructure both private and public as well as private buildings was not fully understood at the time of planting.

In applying the revised criteria, Corymbia Maculata (Spotted Gum) was identified for removal due to their risk ranking score. In the first year (2011/2012) that the new criteria were applied, Spotted Gums were removed from Goulburn Drive and Robina Court in Rowville. Of note, no objections were raised when those trees were removed and replaced with alternate species.

In 2012/13 five streets containing Spotted Gums were identified for inclusion in this year’s program, including Eildon Parade, Lakeside Boulevard, St Lawrence Way, Deschamp Court and Keiwa Place.

Whilst a number of residents were supportive of the Spotted Gum being removed, a number of residents both living within the subject streets and to the surrounding areas clearly were not. To this end, Council received petitions and correspondence from numerous members of the community in conjunction with the Knox Environment Society.

The issue that has caused the most contention for those members of the community objecting to the removal of the Spotted Gums has been the removal of healthy and aesthetically and environmentally valuable trees. This has been articulated through a petition which has requested that Council gather further information regarding the trees in question, including:

· the impact of their removal on local wildlife;

· the safety, health and viability of the trees; and

· the impact on the affected streetscapes.


Questions have also been raised by the community in regard to whether these trees need to be removed in one stage or a staggered approach and whether there were other options in regard to managing the risk that these trees present to private and public property. The approach taken between 2011 and 2013 arguably placed the primary weighting on the mitigation of risk rather than amenity or social values.

Council have subsequently requested that a revised policy be developed that incorporates:

‘Consideration of the full range of environmental, social and economic impacts associated with maintenance, replacement and protection of Council’s street trees.’

To this end, the social and environmental concerns that have been raised by members of the community are acknowledged and agreed with. These include:

· Contribution to streetscape amenity and the green leafy image of Knox.

· Provision of habitat values for native birds and animals.

· Contribution to microclimate, including reduction of heat island impact, removal of pollutants from the air and reduction of wind, etc.

In relation to economic matters, it is generally acknowledged that an attractive streetscape environment will contribute to the value of residential properties. There have been a number of studies to this effect, both within Australia and overseas that pointed to an increase in property values with those properties located in an attractive and uniform streetscape environment.

Whilst the environmental, social and economic values and benefits are acknowledged, the key driver in Council’s recent practice has been the issue of risk and the economic impact that results from these trees having the potential to damage private and public property and infrastructure.

2.3 The Development of a Risk Assessment Framework

The recommended option going forward is for Council to develop a more considered approach – based on a multi-dimensional (triple bottom line) framework that will be used to establish the extent of Council’s potential risk in regard to these types of trees and the recommended actions and approach in terms of mitigating that risk. This would potentially incorporate a more detailed analysis of soil conditions, proximity and design of infrastructure, the type of footing designs associated with the neighbouring properties, species and growing characteristics of the tree, etc.


This analysis would follow a staged approach, whereby soil conditions are assessed in the first instance to determine those locations – such as the location to Goulburn Drive - that may arguably have a higher level of reactivity and movement – based on certain conditions. This analysis may identify potential hot spots which may be then overlayed with information about dwelling design, information from Council’s asset system in regard to infrastructure damage and Council’s insurance claims database in regard to claims for damage to property.

The aim of the assessment is to also establish the potential level of risk facing Council over a say 20 year period, based on the continued growth of the trees. This may then determine a level of exposure that Council may face over that period.

This may be considered by Council in the context of the social, environmental and economic values of the trees, with a position established accordingly. This position may be do nothing, to manage on a reactive basis, or to continue with a programmed replacement program. This decision would be made with input by key stakeholders such as insurers. This body of work arguably places Council in a better position in terms of the program going forward.

Discussion has taken place with a number of industry experts over the past number of months in regard to the situation and in the development of a multi dimensional (a triple bottom line) assessment framework.

The advice is that, whilst considerable work has been undertaken in regard to soil behaviour and trees, it would appear that no multi-dimensional (triple bottom line) framework has been established to date.


2.4 Draft Greens Streets Policy Summary The Draft Knox Green Street Policy is informed by a number of existing plans and policies as can be seen in Figure One below;

Figure One Green Streets Policy Development Framework

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4

Municipal Strategic Statement

Knox City Plan

Knox Vision: Our City Our Future

Knox Sustainable Environment

Strategy

Knox Liveable

Streets Plan 2012-2022

Street Tree Asset Management Plan (to be developed)

Draft Green Streets Policy 2014

Knox Urban

Design Framework

Knox Neighbourhood Character Study

Knox WSUD Policy

Knox Revegetation Plan

Knox Genetic Integrity Policy

Sites of Biological Significance


The Draft Knox Green Streets Policy continues the structure of the Knox Streetscape Policy 2003.

The Draft Green Streets Policy refers to the importance placed on a ‘green and leafy image’ by the community and how street trees and well maintained naturestrips support this. The Draft Green Streets Policy considers;

· Council’s Strategic Direction;

o The Knox City Vision and City Plan;

o The Planning and Environment Act and the State Planning Policy Framework;

o The Municipal Strategic Statement;

o The Knox Urban Design Framework;

o The Knox Neighbourhood Character Study;

o The Knox Sustainable Environment Strategy 2008 – 2018; and

o The Knox Liveable Streets Plan

· Limitations on Tree Planting;

o Safety standards including VicRoads requirements; and

o Services such as overhead and underground infrastructure.

· Street Tree Asset Management;

The Draft Green Streets Policy proposes a series of policy principles to guide the formulation of the policy as follows;

· The Knox treescape is integral to Knox’s green and leafy image.

· Knox City Council recognises the substantive social, environmental and economic values of a well designed, managed and maintained treescape.

· Knox streets should have consistent and complete treescapes that respond well to the local landscape character.

· Knox City Council will aim to proactively manage a healthy and robust treescape in collaboration with the local community.


· Knox City Council places importance on the habitat values of a complete treescape and naturestrips planted with indigenous plants.

· Knox’s treescape will be protected and enhanced in recognised areas of change.

· Knox City Council recognises that well treed bush boulevards and principal avenues with indigenous understory plants are very important to Knox’s sense of place.

· Knox City Council will maximise opportunities to sustain a green and leafy streetscape through continuous innovative engineering and ecological solutions.

· Knox City Council will proactively manage the Knox treescape to minimise and/or mitigate the risk of damage to public and private infrastructure.

The Draft Green Streets Policy statements are structured as follows;

· Treescape

This section provides direction on how street trees are considered and selected. Specific street trees for selection are identified by Neighbourhood Character Area at Appendix B of the Policy.

The selection of trees for planting has been based on considerations of Neighbourhood Character, Council experience managing specific tree species, and trees that are suitable for trialling as street trees in Knox.

· Precinct Character Area Policy Guidelines

This section identifies key character components, desired future character and guidelines for street vegetation in the 7 neighbourhood character areas identified in the Neighbourhood Character Study and for Bush Boulevards.

· Community Consultation

This section identifies Council’s approach to consulting with the community in regards to street tree management, including for local streets, collector and link roads, and for industrial roads.

· Street Tree Asset Management

This section identifies Council’s approach to ensuring a clear understanding of the extent, health and potential life span of Knox’s treescape to enable consistent and timely planning of street tree planting programs.


· Landscaping of Naturestrips

This section identifies Council’s approach to resident generated planting of naturestrips.

· Infrastructure Risk Assessment

The Draft Green Streets Policy includes a procedure section that is intended to form the basis of street tree management by Knox City Council. The section has a strong focus on the management of requests for street tree removal and provides a process to be followed in the administration of proactive and reactive tree programs;

The policy also includes an infrastructure risk matrix that is the primary tool to establish the rating of risk and the associated action to be applied. The risk matrix is informed by an assessment of levels of infrastructure disruption and the results of assessments of the likelihood of indirect and direct infrastructure disruptions.

Finally, the Draft Green Streets Policy provides the policy direction for the development of a Street Tree Asset Management Plan. A Street Tree Asset Management Plan will enable a more robust understanding of the extent of the treescape including gaps and poor performance and will provide an operational structure for the future planning and management of the treescape.

The Draft Green Streets Policy has been developed following consultation with internal stakeholders including Operations (Parks Services and Works), Biodiversity, Traffic and Transport, Stormwater, Local Laws, Customer Service, Strategic Planning, and Open space and Landscape design. Points raised across these groups highlighted the complexities of the many issues that relate to the management of green streets. This has particularly informed the tree management and community consultation components of this policy.

3. CONSULTATION

The Draft Green Streets Policy was presented to the Environment Advisory Committee on 20 March 2013. Comments from this meeting included the importance of using indigenous trees as street trees in Knox. There a number of indigenous street trees included in the street tree selection lists.

The Draft Green Streets Policy has been presented at two Councillor Issues Briefings and points raised have been incorporated with the inclusion of the Street Tree Risk Assessment Matrix (Appendix E of the policy).


In addition, Council has consulted with industry and university experts and the Municipal Association of Victoria (MAV) regarding street tree risk assessment. The feedback from the MAV has been very positive and considers that the initial thinking around the development of a risk assessment matrix is in line with ‘best practice’ thinking.

In summary the key changes to this policy from the Knox Streetscape Policy 2003 are;

· The consideration of the Knox Vision: Our City Our Future, the Knox City Plan 2013-2017, the Knox Sustainable Environment Strategy 2008-2018, the Knox Liveable Streets Plan (2012-2022), the Knox Revegetation Plan, and the Knox Genetic Integrity Policy, in addition to plans and policies considered by the Knox Streetscape Policy 2003.

· The development of policy principles.

· The inclusion of a procedures section to form the basis of street tree management by Knox Council. This section provides guidance of consideration for the removal, replacement and retention of existing street trees.

· The development of a street tree infrastructure risk assessment matrix.

In addition it should be noted that;

· Considerations of existing neighbourhood character is consistent between the Draft Knox Green Streets Policy and the Knox Streetscape Policy 2003.

· The use of local provenance indigenous trees where appropriate is consistent between policies.

Should Council endorse the Draft Knox Green Streets Policy for public and stakeholder comment, it is proposed to consult with the community and stakeholders by:

· Public Exhibition of the Draft Green Streets Policy online and in customer service centres.

· Advertising in the local newspaper, on Council’s website and on facebook and twitter.

· Conducting up to two (2) neighbourhood workshops.

· Consulting with key stakeholders including the Knox Environment Advisory Committee, the Knox Environment Society, VicRoads and utility providers.


The following timelines are presented for the finalisation of the Policy:

GREEN STREETS POLICY 2013 Start Finish Draft Policy presented to Council for endorsement to exhibit 25/03/2014 25/03/2014 Draft Plan out for public and stakeholder comment 02/04/2014 16/05/2014 Presentation to Councillors at Issues Briefing meeting 03/06/2014 03/06/2014 Final Policy to Council meeting 24/06/2014 24/06/2014

The Draft Knox Green Streets Policy provides the policy framework which will enable guidelines and procedures to be developed for quality treescapes and ensure a consistent approach to naturestrip planting. This will significantly contribute towards maintaining a green and leafy Knox.

4. ENVIRONMENTAL/AMENITY ISSUES

The benefits of a green and leafy Knox are:

· improved habitat for indigenous fauna and flora; · reduction of ‘heat island effect’; · increased property values, via amenity and aesthetics; · increased uptake of stormwater through transpiration and reduced

pressure on downstream riverine environments; · increased shading on road pavements which can lead to longer

pavement life and thus less resource use; and · improved air quality.

The development of the Draft Knox Green Streets Policy enables Council to better target investment in treescapes by maintaining a certainty of approach.

5. FINANCIAL & ECONOMIC IMPLICATIONS

However, there may be a need for an increased focus on the community benefits of consistent and appropriate treescapes, including how they contribute to an increase in property values.

Involving the local community in the care and welfare of their streets is expected to provide an increased sense of community pride and wellbeing.

6. SOCIAL IMPLICATIONS

In addition, when Council demonstrates care through the delivery of quality treescapes the local community may then deliver social dividends through greater community participation.


The following elements of the City Plan relate to this issue:

7. RELEVANCE TO CITY PLAN 2013-17 (INCORPORATING THE COUNCIL PLAN)

Vibrant and Sustainable Built and Natural Environments

The future Knox is:

Where community and businesses are leaders in sustainable management and living, valuing and protecting significant environmental assets, celebrating a healthy local environment, a green and leafy municipality, and sustainable living opportunities for all.

Council has developed this robust policy over a period of eighteen (18) months. The policy builds on the existing Knox Streetscape Policy and applies innovative street tree risk assessment frameworks that enable Council to better manage the treescape and ensure Knox’s green and leafy image is both retained and improved.

8. CONCLUSION

There are no issues of confidentiality associated with this report.

9. CONFIDENTIALITY

COUNCIL RESOLUTION MOVED: CR. SEYMOUR SECONDED: CR. COOPER

That Council

1. endorse the Draft Green Streets Policy presented as Appendix A of this report for purposes of community consultation; and

2. refer the Draft Green Streets Policy for public exhibition and feedback as outlined in the consultation section of this report.

PROCEDURAL MOTION

MOVED: CR. ORPEN SECONDED: CR. MORTIMORE

That Councillor Cooper be permitted an extension of time to speak under Clause 47 of the Meeting Procedure and Use of Common Seal Local Law 2008. CARRIED THE MOTION WAS CARRIED

167 COUNCIL – ENGINEERING & INFRASTRUCTURE 25 March 2014

DRAFT KNOX GREEN STREETS POLICY

APPENDIX A

(Circulated separately)

168 COUNCIL – ENGINEERING & INFRASTRUCTURE 25 March 2014

ALL WARDS

8.2 CONTRACT NO. 2000 – WASTE COLLECTION SERVICES – NON-BIN BASED HARD AND GREEN WASTE SERVICES

SUMMARY: Acting Coordinator – Waste Management (Claire Wolinski)

This report considers service options and tenders for the above contract and recommends the preferred option and tenderer to undertake the services as specified.

That Council

RECOMMENDATION

1. accept the Schedule of Rates tender submitted by WM Waste Management Pty Ltd for Contract No. 2000 – Waste Collection Services – Non-Bin Based Hard and Green Waste Services from 1 July 2014 to 30 June 2018 with the option of 3 x 12 month extensions at Council’s discretion;

2. note that the previously endorsed Waste Management Plan directive to shift the bundled green waste collection service from a fortnightly service to either a bi-fortnightly service or monthly service has been market tested and bench marked against the current fortnightly service and was not deemed viable or beneficial to Council from either a financial or servicing perspective and that as such, the current fortnightly collection will be maintained and the adopted Waste Management Plan be amended accordingly.

3. authorise the Chief Executive Officer to formalise the contract documentation in accordance with this report, incorporating an increase to the bank guarantee for the contract amounting to $250,000 and to sign and seal all contractual documentation on behalf of Council; and

4. advise all tenderers accordingly.

Council, at its meeting on 23 March 2010, resolved to accept the following Schedule of Rates tender for the bi-annual area wide scheduled hard waste and fortnightly bundled and residents’ own container green waste collection services:

1. INTRODUCTION

Transpacific-Cleanaway Pty Ltd for Contract No. 1786 – Waste Collection Services – Non-Bin Based Hard and Green Waste Services

with the contract operating from 1 July 2010 to 30 June 2012 with the option of 2 x 1 year extensions at Council’s discretion.

169 COUNCIL – ENGINEERING & INFRASTRUCTURE 25 March 2014 8.2 Contract No. 2000 – Waste Collection Services – Non-Bin Based Hard

and Green Waste Services (cont’d)

In considering the option to extend this contract, Council, at its meeting on 23 August 2011, resolved to:

Extend Contract No. 1786 – Waste Collection Services – Non-Bin Based Hard and Green Waste Services with Transpacific-Cleanaway Pty Ltd for a 1 x 2 year period from 1 July 2012 to 30 June 2014.

Further to this Council, at its meeting on 22 October 2013, resolved to adopt the Waste Management Plan 2014-21 (WMP) which identified potential service changes from 1 July 2014 for the non-bin based waste collection services as follows:

(a) Non-bin based green waste – change from the current fortnightly collection of bundled prunings and residents’ own container green waste of unlimited quantity to a monthly (12 collections per annum) or every second fortnight (13 collections per annum) collection frequency of the same material type and quantity; and

(b) Hard waste – change from the current bi-annual area based scheduled service of unlimited quantity per household to an ‘at call’ booked collection service of up to two collections per financial year per household, also of unlimited quantity of material.

On the basis of the service changes identified in the Waste Management Plan, the tender for Contract No. 2000 – Waste Collection Services – Non-Bin Based Hard and Green Waste Services was advertised as a non-separable Schedule of Rates contract on 30 November 2013 with the tender closing on 14 January 2014.

The initial contract term proposed is for four years from 1 July 2014 to 30 June 2018, with the option of three further extensions of 12 months each at Council’s discretion, making the maximum contract term seven years to 30 June 2021.

To enable a cost-benefit benchmarking comparison between the existing fortnightly non-bin based green waste collection service and an every second fortnight service, the tender required mandatory pricing options for both collection frequencies. Of note, the monthly servicing option was adjusted to an every second fortnight service to coincide with the bin-based green waste collection days. A monthly service (as opposed to every second fortnight) was viewed as problematic in terms of servicing and promotion to residents as collections would not necessarily coincide with the bin-based collection day and may cause confusion for residents. As such, it is considered that an every second fortnight service ensures that the intent of the provision of the service has been met whilst avoiding unnecessary confusion.



Further to this, the tender invitation also contained options for either Council or the service provider to be responsible for the processing, recycling and disposal (as appropriate) of the green and hard waste material collected under this contract, including residual waste disposal and green waste processing costs.

The current arrangement is that Council nominates the disposal/processing facilities to be utilised and pays the associated gate fees, however for this tender both options were requested to be priced to ascertain if there was any financial advantage for Council in changing the abovementioned methodology.

2.1 Proposed Services

2. DISCUSSION

To test potential servicing scenarios as identified in the Waste Management Plan, a number of alternate service models were proposed in the tender specification for both Hard and Bundled Green Waste collection. These are outlined as follows.

· Hard waste – ‘at call’ booked collection service via Council’s Customer Service Team of up to two collections per financial year per household of unlimited quantity of material. Tendered Options: A. Service provider responsible for collation and scheduling of

bookings taken by Council, collection of waste and recyclable materials, transportation of waste and recyclable materials to Council-nominated disposal facility/ies where Council pays all applicable residual waste disposal costs and recycling of the nominated recyclable materials (ie metals, mattresses, e-waste) at service provider’s cost where applicable

OR B. Service provider responsible for collation and scheduling of

bookings taken by Council, collection of waste and recyclable materials, transportation of waste and recyclable materials to service provider-nominated recycling and disposal facility/ies where service provider pays all applicable recycling and disposal costs

· Green waste – collection of an unlimited quantity of non-bin based material presented as bundled prunings and in residents’ own containers Tendered Options: C1. Fortnightly collection or 26 times per annum, with transportation of

material to Council-nominated processing facility/ies where Council pays all applicable processing and contamination management costs (as per current service)



OR C3. Fortnightly collection or 26 times per annum, with transportation of

material to service provider-nominated processing facility/ies where service provider pays all applicable processing and contamination management costs

OR C2. Every second fortnight collection or 13 times per annum, with

transportation of material to Council-nominated processing facility/ies where Council pays all applicable processing and contamination management costs.

OR C4. Every second fortnight collection or 13 times per annum, with

transportation of material to service provider-nominated processing facility/ies where service provider pays all applicable processing and contamination management costs.

The tender for this contract required pricing for both service frequencies for non-bin based green waste of every second-fortnight (identified as monthly in the adopted WMP) and fortnightly (as per the current service). This was to enable a direct cost-comparison of the two service frequency options in order to verify that the every second fortnight option would result in benefits to Council.

2.2 Tenders Received

In accordance with Council’s Contract Management Policy, tenderers were invited to attend the tender opening process where the names of the tenderers were read out.

The following two tenders were received (in alphabetical order): Transpacific Cleanaway Pty Ltd (incumbent service provider) WM Waste Management Pty Ltd

2.3 Evaluation

The tenders were evaluated by a Tender Evaluation Panel (the Panel) consisting of Council staff. The Panel considered the tendered options in terms of their benefit and risk to Council, reviewing tenders on their own merit and evaluating potential service options before applying a comprehensive financial comparison of the tenders to support the overall scoring process.

The Tender Evaluation Panel consisted of: Matthew Hanrahan Manager – Sustainable Infrastructure Geoff McMeeken Coordinator – Waste Management Claire Wolinski Waste Management Officer Phil Kearsley Coordinator – Contracts & Purchasing



No officers involved in the Tender Evaluation Panel have any conflict of interest in the subject contract. A Conflict of Interest Declaration was signed by all members of the Panel.

2.3.1 Evaluation of Service Options

Each tendered option was considered and compared before undertaking a detailed review of the tendered bids.

The Panel considered the possible advantages for each service option and any concerns that the option may raise for Council in terms of both external factors that may affect the community such as service methodology (user-friendliness and efficiency), environmental and cost-benefit and internal factors such as risk, OH&S and contract administration that could impact on Council and its staff in the management of the contract. This evaluation included an assessment of the financial implications for Council in proceeding with each of the proposed service models.

The outcome of the option evaluation process was that the following be recommended, subject to further financial evaluation and comparison:

Hard Waste Option B – Service provider responsible for collation and scheduling of bookings taken by Council, collection of waste and recyclable materials, transportation of waste and recyclable materials to service provider-nominated recycling and disposal facility/ies where service provider pays all applicable recycling and disposal costs.

Green Waste Option C3 – Fortnightly collection or 26 times per annum, with transportation of material to service provider-nominated processing facility/ies where service provider pays all applicable processing and contamination management costs.

AND

2.3.2 Evaluation of Tenders

After the preferred tendered service options were selected, the tender bids were then evaluated against the following criteria:

· technical capacity consisting of –

- management aspects relating to experience, capability and quality; - safety and risk; - customer service; - methodology and resourcing; - transition; and - sustainability and environmental benefit.



· financial benefit/capacity consisting of –

- financial price schedules; and - financial capacity.

For this contract, 60% was attributed to technical capacity and 40% to financial benefit/capacity.

Whilst cost is a major factor in the ranking criteria, the ability of the contractor to meet Council’s required service standards is vitally important as the ‘at call’ hard waste service is new to residents, there will be frequent resident-service provider interaction and the contract has the potential to extend over a seven year period.

The financial modelling for the hard waste service was evaluated based on predicted, low and high service take-up estimates based on statistics from Knox (current service, population, tenements, waste volumes, disposal cost) and information provided through neighbouring Councils who have implemented ‘at call’ hard waste collections over recent years. The financial evaluation modelling for the non-bin based green waste service was conducted on predicted estimates based on current and historical Knox data for collection and processing of green waste.

The Panel arrived at the following ranking after completing the option and tender evaluation:

1. WM Waste Management Pty Ltd 2. Transpacific Cleanaway Pty Ltd

Details of the evaluation are provided in the attached Confidential Summary associated with this report.

Extensive consultation was undertaken between Panel members and, where necessary, the tenderers during the evaluation process. This included consideration of bid documents, formal interviews, written responses from contractors to specific questions for the purpose of clarification as required by the panel and data analysis.

3. CONSULTATION

Specialist advice and input, including referee checks with other Councils’ waste management staff, was also obtained to support the Panel members’ deliberations.

Panel members each signed a confidentiality agreement, with all external consultation (both verbal and written) occurring through the Panel member designated as the Responsible Officer.



The methodology associated with the collection, transport, recycling and/or disposal of non-bin based hard and green waste from within the municipality has significant environmental and amenity issues, particularly in relation to the disposal of residual waste to landfill and the generation of greenhouse gases.


In opting for the service model whereby the contractor pays for the disposal of waste when managing both the hard and green waste collections, there exist greater incentives for contractors to recover/recycle waste stream materials due to the fact that they will be obliged to pay residual disposal costs. This will result in an overall reduction in waste material going to landfill.

These aspects were taken into consideration as part of the options and tender evaluation process – refer Section 2.

The respective tender price submitted by the highest ranked tenderer is below.


WM Waste Management Pty Ltd

Based on Hard Waste Option B and Green Waste Option C3 using ‘predicted’ service uptake (ie 20,000 collections per year:

= $1,941,153 First year (2014-2015) = $8,090,819 Four years (2014-2018 with annual consumer price index percentage increases consistent with Council’s LTFF).

Current Service

Cost (2013/14)

LTFF Budget

(2014/15)

WM Waste Management –

fortnightly green waste & predicted

model for hard waste

WM Waste Management – bi-fortnightly green

waste & predicted model for hard

waste

Hard Waste

$1,363,700 $1,419,379 $1,199,030 $1,199,030

Non-bin Based Green Waste

$800,591 $819,805 $742,123 $724,659

$2,164,291 $2,239,184 $1,941,153 $1,923,689

Table 1 – Summary of preferred tenderer costs – fortnightly and bi-fortnightly green waste service models.



The Long Term Financial Strategy (LTFF) allocations for the corresponding items for the first year and over the four year period 2014-2018 are:

= $2,239,184 First year (2014-2015) = $9,340,292 Four years (2014-2018) WM Waste Management ‘Predicted’

Service Knox LTFF

Year 1 $1,941,153 $2,239,184 Year 1-4 $8,090,819 $9,340,292

Based on the above ‘predicted’ service usage, the projected expenditure for Contract No. 2000 is significantly less than Council’s current LTFF over the four year contract period of 2014-2018.

The waste management service, including non-bin based hard and green waste collections provided by Council to the Knox community is viewed as very positive as is evidenced by the high community satisfaction levels achieved in the Local Government Community Satisfaction Survey prepared by the Department of Planning and Community Development and in the survey of residents conducted in the development of the Knox Waste Management Plan 2014-2021.


The relevant City Plan objective falls within the theme of Vibrant and Sustainable Built and Natural Environments with the objective being ‘The changing needs of a diverse community are supported through planned growth and change in housing and infrastructure that respects both built form and natural systems, as well as resource availability’.


The indicators for this objective relate to household waste management, in particular household waste generation and household waste recycling.

The provision of Council’s waste service, through the contracts being let, has the objective of reducing waste being disposed to landfill and the increasing recovery and re-use of waste items, in this instance hard waste and non-bin based green waste.



Contract No. 2000 – Waste Collection Services – Non-Bin Based Hard and Green Waste Services initial term is 1 July 2014 to 30 June 2018 with the option of 3 x 12 month extensions at Council’s discretion.

8. CONCLUSION

The Tender Evaluation Panel has recommended the following service options under this Contract:

Hard Waste Option B – Service provider responsible for collation and scheduling of bookings taken by Council, collection of waste and recyclable materials, transportation of waste and recyclable materials to service provider-nominated recycling and disposal facility/ies where service provider pays all applicable recycling and disposal costs.

Green Waste Option C3 – Fortnightly collection or 26 times per annum, with transportation of material to service provider-nominated processing facility/ies where service provider pays all applicable processing and contamination management costs.

AND

The recommended preferred tenderer for this Contract is WM Waste Management Pty Ltd.

This report is not confidential.

9. CONFIDENTIALITY

COUNCIL RESOLUTION MOVED: CR. ORPEN SECONDED: CR. MORTIMORE

That Council

1. accept the Schedule of Rates tender submitted by WM Waste Management Pty Ltd for Contract No. 2000 – Waste Collection Services – Non-Bin Based Hard and Green Waste Services from 1 July 2014 to 30 June 2018 with the option of 3 x 12 month extensions at Council’s discretion;



2. note that the previously endorsed Waste Management Plan directive to shift the bundled green waste collection service from a fortnightly service to either a bi-fortnightly service or monthly service has been market tested and bench marked against the current fortnightly service and was not deemed viable or beneficial to Council from either a financial or servicing perspective and that as such, the current fortnightly collection will be maintained and the adopted Waste Management Plan be amended accordingly.

3. authorise the Chief Executive Officer to formalise the contract documentation in accordance with this report, incorporating an increase to the bank guarantee for the contract amounting to $250,000 and to sign and seal all contractual documentation on behalf of Council; and

4. advise all tenderers accordingly. CARRIED SUBSEQUENT MOTION

MOVED: CR. COOPER SECONDED: CR. ORPEN That Council prepare a report to be brought to the May 2014 Confidential Issues Briefing meeting regarding Council's current procedures relating to the illegal dumping of hard rubbish, and the opportunities to deter such practices. CARRIED

178 COUNCIL – CORPORATE DEVELOPMENT 25 March 2014

ALL WARDS

9.1 RATING OF OPPORTUNITY SHOPS POLICY

SUMMARY: Manager - Finance (Jon Gorst)

Council adopted the Rating of Opportunity Shops Policy in November 2004. The Policy has been in place since that time. The revised Policy presented has been amended for some minimal administrative changes and formatting, but remains essentially the same in operation and approach.

That Council approve the Rating of Opportunity Shops Policy as attached as Appendix A to this report.

RECOMMENDATION

The purpose of this Policy is to clearly articulate the methodology in which Council will consider applications for assistance with the payment of rates for properties operating as Opportunity Shops within the municipality.

1. INTRODUCTION

The Rating of Opportunity Shops Policy has been in place since November 2004. The proposal is for the effective renewal of the current Policy. The revised Policy has been subject to an administrative review for currency, consistency and completeness.

2. DISCUSSION

The updated Rating of Opportunity Shops Policy is attached as Appendix A. The former Rating of Opportunity Shops Policy is attached as Appendix B.

The Policy provides for Council to make a donation to Opportunity Shops for the equivalent amount of rates charged to the property as shown on the rate notice issued to the property.

There are four criteria to be met:

1. That the rate notice is issued in the name of the Opportunity Shop and/or the Opportunity Shop demonstrates it is responsible for payment of the rates.

2. That the facility is being operated solely as an Opportunity Shop. 3. That the operators of the Opportunity Shops are registered as a

charitable institution 4. That the operators of the Opportunity Shop demonstrate that the majority

of profits from the shop are redistributed to the benefit of the Knox community.

This Policy has served the community well over the last ten years and the revised Policy supports this position.

179 COUNCIL – CORPORATE DEVELOPMENT 25 March 2014 9.1 Rating of Opportunity Shops Policy (cont’d)

This report does not necessitate community consultation.

3. CONSULTATION

There are no environmental or amenity issues associated with this proposal.


The total amount of funding provided to Opportunity Shops under this Policy in 2013-14 was $3,367.55 and is within budget.


Opportunity Shops raise funds for the provision of services and benefits to the Knox community. As such, this Policy has a positive impact on social outcomes.


This initiative contributes to Theme 5 of the City Plan, Democratic and Engaged Communities.


This report recommends that Council endorse the Rating of Opportunity Shops Policy attached as Appendix A. This Policy has been subject to an administrative review for currency, consistency and completeness.

8. CONCLUSION

This report does not contain confidential information.

9. CONFIDENTIALITY

COUNCIL RESOLUTION MOVED: CR. ORPEN SECONDED: CR. SEYMOUR

That Council approve the Rating of Opportunity Shops Policy as attached as Appendix A to this report. CARRIED

180 COUNCIL – CORPORATE DEVELOPMENT 25 March 2014 APPENDIX A

KNOX POLICY

RATING OF OPPORTUNITY SHOPS POLICY

Policy Number:

2006/02 Directorate: Corporate Development

Approval by:

Council Responsible Officer:

Coordinator Property & Revenue Services

Approval Date:

2014 Version Number:

2

Review Date:

2018

1. PURPOSE The purpose of this policy is to clearly articulate the methodology in which

Council will consider applications for assistance with the payment of rates for properties operating as Opportunity shops within the municipality.

2. CONTEXT

Opportunity shops are not exempt from rating under the Local Government Act (the Act). Section 154 of the Act defines what land is rateable and indicates that land is not rateable if any part of the land is used exclusively for charitable purposes. The Act goes on to say that a property is not used exclusively for charitable purposes if it is used for the retail sale of goods. Based on this definition, Opportunity shops are rateable. The other options that Council may have open to it in regards to exempting rates would be provided under Section 169 Rebates and Concessions or Section 171 Waivers. However, when reviewing these specific provisions, it is clear that it is not practical for Council to use either of these Sections to treat an Opportunity shop as non rateable. This policy enables Council to make a donation to Opportunity shops that meet the criteria within the policy which is equal to the applicable rates to continue to provide rate relief to Opportunity shops that meet the requirements of this policy.

3. SCOPE

This policy will apply to all properties that are operating as Opportunity shops and make application for rate assistance. The policy covers the rating provisions and does not include any optional services provided and charged for with the rate notice. Applications for activities other than Opportunity shops need to be considered in accordance with the Local Government Act.

181 COUNCIL – CORPORATE DEVELOPMENT 25 March 2014 APPENDIX A 4. REFERENCES

4.1 City Plan 2013-2017 (incorporating the Council Plan) · Democratic and Engaged Communities

4.2 Relevant Legislation · Local Government Act 1989 (in particular Sections 154, 169 and 171)

4.3 Charter of Human Rights Act 2006 · This policy has been assessed against and complies with the Charter

of Human Rights. 4.4 Related Council Policies

· Nil 4.5 Related Council Procedures

· Nil

5. DEFINITIONS

For the purposes of this policy an ‘Opportunity shop’ is a business which is operating as an Opportunity shop and generally sells second hand goods.

6. COUNCIL POLICY

6.1 That upon application, Council will provide an annual donation equal to rates for Opportunity shops that meet the following criteria: 1. That the rate notice is issued in the name of the Opportunity shop

and/or the Opportunity shop demonstrates it is responsible for payment of the rates; and

2. That the facility is being operated solely as an Opportunity shop; and 3. That the operators of the Opportunity shop are registered as a

charitable institution; and 4. That the operators of the Opportunity shop demonstrate that the

majority of profits from the shop are redistributed to the benefit of the Knox community.

6.2 That a separate budget provision be made under community grants for a donation to offset the cost of rates against any approved Opportunity shops.

6.3 Opportunity shops are required to reapply each year on receipt of their rate notice to confirm that they are still operating from the premises and provide a financial statement for the prior financial year, which demonstrates that the majority of profits have been distributed to the Knox community.

6.4 Donations will only apply to the relevant municipal rates and will not extend to include any optional services (such as waste management services) provided to the rateable premises.

6.5 That the Coordinator of Property & Revenue Services be authorised to administer applications in accordance with this policy.

182 COUNCIL – CORPORATE DEVELOPMENT 25 March 2014 APPENDIX B

KNOX POLICY

RATING OF OPPORTUNITY SHOPS Policy Number: 2006/02 Directorate: Finance & Governance Authority: Council Responsible Officer: Coordinator, Property

& Revenue Services Policy Type: Council Version Number: 1 Approval Date: 11 November 2004 Review Date: 3 years from date of

adoption

11.. PPUURRPPOOSSEE The purpose of this policy is to clearly articulate the methodology in which Council will consider applications for assistance with the payment of rates for properties operating as

non rateable status for Opportunity shops operating within the municipality.

22.. BBAACCKKGGRROOUUNNDD

CCOONNTTEEXXTT

Opportunity shops are not exempt from rating under the Local Government Act (the Act). Section 154 of the Act defines what land is rateable and indicates that land is not rateable if any part of the land is used exclusively for charitable purposes. The Act goes on to say that a property is not used exclusively for charitable purposes if it is used for the retail sale of goods. Based on this definition, Opportunity shops are rateable.

The other options that Council may have open to it in regards to exempting rates would be provided under Section 169 Rebates and Concessions or Section 171 Waivers. However, when reviewing these specific provisions, it is clear that it is not practical for Council to use either of these Sections to treat an Opportunity shop as non rateable.

This policy enables Council to make a donation to Opportunity shops that meet the criteria within the policy which is equal to the applicable rates to continue to provide rate relief to Opportunity shops that meet the requirements of this policy.

Council currently has a number of Opportunity shops who have made application for and have been granted exemption from rates under the Local Government Act (the Act).

Provisions within the Act have changed over time and it is arguable that

Opportunity shops no longer can be declared non rateable.

183 COUNCIL – CORPORATE DEVELOPMENT 25 March 2014 APPENDIX B Section 154 of the Act defines what land is rateable and indicates that land is not

rateable if any part of the land is used exclusively for charitable purposes. The Act goes on to say that a property is not used exclusively for charitable purposes if it is used for the retail sale of goods. Based on this definition, Opportunity shops are rateable.

In further checking the provisions of the Act, the other options that Council may

have open to it in regards to exempting rates would be provided under Section 169 Rebates and Concessions or Section 171 Waivers.

When reviewing these specific provisions, it is clear that it is not practical for

Council to use either of these Sections to treat an Opportunity shop as non rateable.

This policy introduces a concept where Council will make a donation to

Opportunity shops that meet the criteria within the policy which is equal to rates. This has the affect of ensuring an annual check is undertaken that the operations of the Opportunity shop are continuing and at the same time clearly articulating the level of subsidy that is provided to these facilities and in turn the community.

33.. SSCCOOPPEE

This policy will apply to all properties that are operating as Opportunity shops and make application for a rate exemption. The policy only extends to the rating provisions and does not include any optional services provided and charged for with the rate notice. Applications for activities other than Opportunity shops need to be considered in accordance with the Local Government Act.

44.. RREEFFEERREENNCCEESS Local Government Act, in particular Sections 154, 169 and 171.


4.2 Relevant Legislation · Local Government Act 1989 (in particular Sections 154, 169 and 171)

4.3 Charter of Human Rights Act 2006 · This policy has been assessed against and complies with the Charter

of Human Rights.

4.4 Related Council Policies · Nil

4.5 Related Council Procedures · Nil

184 COUNCIL – CORPORATE DEVELOPMENT 25 March 2014 APPENDIX B 55.. DDEEFFIINNIITTIIOONNSS

For the purposes of this policy an ‘Opportunity shop’ is a business which is operating as an Opportunity shop and generally sells second hand goods.

66.. CCOOUUNNCCIILL PPOOLLIICCYY 6.1 That upon application, Council will provide an annual donation equal to

rates for Opportunity shops that meet the following criteria:

1. That the rate notice is issued in the name of the Opportunity shop and/or the Opportunity shop demonstrates it is responsible for payment of the rates; and

2. That the facility is being operated solely as an Opportunity shop; and

3. That the operators of the Opportunity shop are registered as a charitable institution; and

4. That the operators of the Opportunity shop demonstrate that the majority of profits from the shop are redistributed to the benefit of the Knox community.

6.2 That a separate budget provision be made under community grants for a

donation to offset the cost of rates against any approved Opportunity shops.

6.3 Opportunity shops are required to reapply each year on receipt of their rate

notice to confirm that they are still operating from the premises and provide

ing a financial statement for the prior financial year, which demonstrates that the majority of profits have been distributed to the Knox community. Subject to meeting these requirements, a further donation will be provided.

6.4 Donations will only apply to the relevant municipal rates and will not extend to include any optional services (such as waste management services) provided to the rateable premises.

6.5 That the Coordinator of Property & Revenue Services be authorised to

administer applications in accordance with this policy. 77.. RREELLAATTEEDD DDOOCCUUMMEENNTTSS

Nil.


ALL WARDS

9.2 RATES AND CHARGES HARDSHIP POLICY

SUMMARY: Manager - Finance (Jon Gorst)

The Rates and Charges Hardship Policy was adopted by Council on 9 November 2010 and is now due for review. The last review held in 2010 was an extensive review and the revised Policy has been updated for the new Policy template and for administrative consistency. The overall Policy position is not recommended to be changed.

That Council approve the Rates and Charges Hardship Policy as attached as Appendix A to this report.

RECOMMENDATION

The purpose of the Rates and Charges Hardship Policy is to provide Council with a policy framework to provide financial relief to individuals who need assistance. This Policy also provides ratepayers with a clear, transparent understanding of the options and assistance available if currently experiencing, or at the risk of experiencing hardship.

1. INTRODUCTION

The updated Rates and Charges Hardship Policy is attached as Appendix A. The former Rates and Charges Hardship Policy is attached as Appendix B.

The first Rates and Charges Hardship Policy was adopted by Council in 2007. A substantive revision was undertaken in 2010. The 2010 Policy has been updated with a stronger statement of purpose.

2. DISCUSSION

In dealing with residents who are experiencing difficulties in meeting their rate payment obligations, the first preference is to consider the option of a personalised payment plan. In the vast majority of cases, this is the resident’s, and Council’s, preferred approach. The Rates department take a proactive and empathetic approach to dealing with residents who are experiencing financial difficulties.

The Rates and Charges Hardship Policy provides direction for managing ratepayers who are genuinely experiencing financial hardship.

The key elements of the Policy are as follows:

· A clear definition of the difference between a waiver and a deferral of rates and charges;

· The circumstances and delegations applicable for the waiving or deferral of rates and charges and associated interest charges;

· The calculation of interest charges under this Policy; and

186 COUNCIL – CORPORATE DEVELOPMENT 25 March 2014 9.2 Rates and Charges Hardship Policy (cont’d)

· The administrative arrangements and conditions that must be met for this Policy to be applicable to a resident’s situation.

No formal consultation has been undertaken in relation to the review of this Policy. Officers have conducted a benchmark analysis of other councils’ Rates and Charges Hardship policies and also the Hardship policies for major utilities.

3. CONSULTATION

There are no environmental or amenity issues associated with this report.


Any waiver or deferment of rates and charges or interest will have financial implications. The majority of residents who experience difficulties in the payment of their rates are generally able to be accommodated through the provision of a negotiated personalised payment plan.


The recognition that not all residents have the financial capacity to meet their commitments on time and to have appropriate policies and processes in place to manage these situations is an essential element of Council’s policy making. The Rates and Charges Hardship Policy provides Council officers with clear direction to assist them in the management of these situations.


This Policy supports the achievement of Theme 5 of the City Plan, Democratic and Engaged Communities.


This report recommends that Council endorse the revised Rates and Charges Hardship Policy attached as Appendix A. The Rates and Charges Hardship Policy is an important component in being able to manage those ratepayers who are genuinely experiencing financial hardship.

8. CONCLUSION


9 CONFIDENTIALITY

187 COUNCIL – CORPORATE DEVELOPMENT 25 March 2014 9.2 Rates and Charges Hardship Policy (cont’d)

COUNCIL RESOLUTION MOVED: CR. MORTIMORE SECONDED: CR. LOCKWOOD That the Rates and Charges Hardship Policy attached as Appendix A to this report be modified by removing the words 'In general' from the first sentence of Section 6.2 and that with this change, the policy be adopted. CARRIED SUBSEQUENT MOTION

MOVED: CR. COOPER SECONDED: CR. ORPEN That Council raise to the attention of the Minister for Planning and the Minister for Local Government the current anomalies created by the application of the Valuation of Land Act valuation methodology that applies a 'highest and best use' consideration in establishing property values for the application of Council's rating system. LOST


KNOX POLICY

RATES AND CHARGES HARDSHIP POLICY

Policy Number:


Approval by:


Manager Finance

Approval Date:


4

Review Date:

2018

1. PURPOSE The purpose of this Rates and Charges Hardship Policy is to provide Council with a policy framework to provide financial relief to individuals who need assistance. This Policy also provides ratepayers with a clear, transparent understanding of the options and assistance available if currently experiencing, or at the risk of experiencing hardship. Under exceptional circumstances, Council may waive by resolution/delegation the whole or part of any rate or charge or interest if a person is currently experiencing, or at risk of experiencing financial hardship, as set out within the Local Government Act 1989. The Act states that Council may also defer, in whole or part, any payment due on the grounds of hardship. The difference between a waiver and a deferral is that a deferral suspends payment for a period of time whereas a waiver permanently exempts payment of the fee or charge under discussion. Applications for waiver and deferral will be individually assessed against the criteria stated in this Policy. This Policy defines the process for considering applications for deferment and/or waiver of rates, charges and interest.

2. CONTEXT Rate income is a secure and predictable source of revenue that Council relies on to deliver services to the community. Rates currently provide the majority of Council’s recurrent income. In considering all aspects of the rating strategy for the municipality, Council considers the principles of fairness, transparency and equity. The consideration of hardship requirements is consistent with these principles.

189 COUNCIL – CORPORATE DEVELOPMENT 25 March 2014 APPENDIX A 3. SCOPE

Council officers responsible for the maintenance and management of the rating system are required to apply the criteria set out in this Policy to all rateable assessments within the City of Knox. The Policy also has relevance to Councillors and Senior Management.

4. REFERENCES


4.2 Relevant Legislation · Local Government Act 1989 · Penalty Interest Act 1983 · State Concessions Act 2004 · Information Privacy Act 2004

4.3 Charter of Human Rights Act 2006 · This Policy has been assessed against and complies with the Charter

of Human Rights. · Any decisions regarding the deferral, waiver or collection of rates

must be considered in light of, and be compatible with, relevant Charter rights, in particular, the rights to privacy and the right to protection of families and children.

4.4 Related Council Procedures · Hardship Procedures

4.5 Municipal Association of Victoria · Hardship Policy Guidelines (drafted November 2013)

5. DEFINITIONS

In this Policy:

Deferment Is a postponement of payment in whole or in part and can be for a specified period and subject to any conditions determined by Council. When rates are deferred, payment is not required until the Council sends the person a notice requiring payment, the property is sold or there is a change in ratepayer. Deferred rates are a charge on the property.

Waiver Is the relinquishment or removal of the liability to pay and may include the whole or part of any interest or where applicable part of rates and charges as set down in section 6.2.


Market Rate Is the official 180 day bank bill rate sourced from Council’s current banking provider as at 1 July each year and will be the net penalty interest rate levied against properties where the rates are deferred, for the year, rounded to 1 decimal place.

Rate Hardship Committee

Is a Council committee comprising officer representatives from both the Corporate Development and Community Services Directorates.

6. COUNCIL POLICY

6.1 INTEREST ON OVERDUE RATES AND CHARGES

6.1.1 Calculation of Interest Unless otherwise specified in this Policy, interest will be charged on overdue rates and charges in accordance with Section 172 of the Local Government Act 1989, including that interest is calculated at the rate fixed under Section 2 of the Penalty Interest Rate Act 1983 that applied on the first day of July immediately before the due date for the payment. Interest becomes payable: i) if the payment was payable in instalments only, on and from the date on

which the missed instalment was due; or ii) if the payment was payable either in instalments or in a lump sum and the

first instalment was paid by the date it was due, on and from the date on which the relevant subsequent missed instalment was due; or

iii) if the payment was payable either in instalments or in a lump sum, and neither the first instalment nor the lump sum were paid by the dates the first instalment or the lump sum were due, on and from the date on which each missed instalment was due; and

iv) continues to be payable until the payment or the recovery of the rates or charges.

6.1.2 Waiving Interest Interest waivers fall under three categories which are: · Administrative waivers · Waiver on compassionate grounds · Financial hardship waiver


1. Waiver for Administrative Reason/Error - Ratepayers may have interest

only

waived in the event of an administrative issue, error or omission which caused or significantly contributed to the failure to pay rates in a timely manner.

2. Waiver on Compassionate Grounds - Ratepayers may have interest only

waived where they have demonstrated compassionate grounds for a payment being late.

3. Waiver of interest due to Financial Hardship

- Ratepayers experiencing Financial hardship may apply to have interest or part thereof waived subject to compliance with the following conditions:

a) The ratepayer must be experiencing undue financial hardship i.e. be in necessitous circumstances. Pensioners and unemployed ratepayers with current year balances to be cleared within 6 months under payment arrangement may be placed on an interest free arrangement for this period by the Coordinator Property and Revenue Services. Any such interest free arrangements only remain in force while the agreed payments are being received.

b) In the case of a family or individuals who are not eligible pensioners or

unemployed, the ratepayer’s financial circumstances must be assessed by the Rate Hardship Committee.

6.2 WAIVER OF RATES AND CHARGES (EXCLUDING INTEREST) A waiver will be provided only when Council is satisfied that severe financial hardship has been clearly demonstrated and the other forms of Council rate relief (for example, payment deferred by an extension of time or an instalment plan (refer section 6.4 and 6.5)) are not considered appropriate. Council will only consider the waiving of rates and charges in exceptional circumstances. All applications for a waiver of rates and charges need to be lodged in writing and will be considered by the Rate Hardship Committee. Any direction by the Committee for a waiver of rates and charges due to financial hardship will be undertaken in accordance with this Policy. Any waiver is a one off waiver in response to circumstances presented at the time.


6.3 DEFERRAL OF RATES AND CHARGES AND/OR INTEREST

The deferral of rates and charges and/or interest is available to ratepayers of properties rated as Residential and Retirement Village properties only. This option is not available to properties rated as other types including Commercial, Industrial or Vacant Land. Ratepayers may have rates and charges and/or interest, or part thereof, deferred although ongoing rates and charges and interest will continue to be levied, subject to compliance with the following conditions:

a) The ratepayer must be experiencing undue and unavoidable hardship; and

b) The ratepayer is:

i) a pensioner (eligible to claim the State Government pensioner rate rebate); or

ii) is receiving unemployment benefits for a minimum period of three consecutive months; or

iii) is able to provide evidence of severe financial hardship as certified by an assessment carried out by a Council nominated/approved Financial Counsellor service; and

c) An application is submitted to the Coordinator Property & Revenue Services by the ratepayer or the ratepayer’s representative providing evidence of such circumstances referred to in a) or b) above.

In all applications for rates and charges deferrals, the applicant will be encouraged to continue to pay the portion of rates and charges that is affordable given their individual circumstances. This will be mutually agreed on a case by case basis. Ratepayers will be required to re-submit an application every three years to qualify for a continuation of any deferment arrangement. The total of rates deferred on a single assessment should not exceed 5% of the Capital Improved Value of the subject property. Any deferrals of rates and charges in excess of this amount will be considered by the Rate Hardship Committee on a case by case basis. The interest charged under this section for deferred rates and charges is charged at the “market rate”, as defined, and provides interest relief to the applicant. The “market rate” only becomes applicable to the deferred rates and charges from the date of the application being approved.


6.4 RATES AND CHARGES PAYMENT ARRANGEMENTS Any ratepayer who does not qualify for either a rates and charges deferral or rates and charges waiver arrangement may still apply to pay outstanding rates and charges by way of a payment arrangement. Payment arrangements will attract penalty interest on outstanding balances but allow ratepayers additional time to make payments without any legal action being undertaken by Council to recover rates and charges.

6.5 DELEGATED AUTHORITY TO DEFER OR WAIVE RATES AND CHARGES

AND/OR INTEREST 6.5.1 Deferrals Applications for rate and charges deferral for residents will be considered by the Coordinator Property & Revenue and approved by the Manager Finance. 6.5.2 Waivers All applications for waiver of rates and charges will be considered by the Rate Hardship Committee. The Rate Hardship Committee will undertake an assessment of each application and prepare a direction (in accordance with this Policy) to the relevant Council officer (based on the level of delegated authority outlined below). The approval of rates and charges waivers and/or interest waivers is to be based on the following delegated authority levels:

· Interest for any one property up to $250 Coordinator Property & Revenue Services

· Interest for any one property up to $500 Director Corporate Development

· Principal rates and charges and/or interest for any one property up to $1,000

Chief Executive Officer Any waiver in excess of $1,000 must be approved by Council.

6.6 OVERDUE RATES AND THE CHANGE OF PROPERTY OWNERSHIP Under the Local Government Act (1989), where property ownership changes all overdue rates and charges must be fully paid at settlement date. Rates and charges arrangements and deferral agreements are not transferable.

6.7 CONFIDENTIALITY Any information provided in accordance with this Policy will be treated as strictly confidential.


KNOX POLICY

RATES AND CHARGES HARDSHIP POLICY

Policy Number:


Approval by:


Manager Finance

Approval Date:


4

Review Date:

2018

1. PURPOSE The purpose of this Rates and Charges Hardship Policy is to provide Council with a policy framework to provide financial relief to individuals who need assistance.

This Policy also provides ratepayers with a clear, transparent understanding of the options and assistance available if currently experiencing, or at the risk of experiencing hardship.

Under exceptional circumstances, Council may waive by resolution/delegation a the whole or part of any rate or charge or interest if a person is currently experiencing, or at risk of experiencing financial hardship, as set out within the Local Government Act 1989. The Act states that Council may also defer, in whole or part, any payment due on the grounds of hardship. The difference between a waiver and a deferral is that a deferral suspends payment for a period of time whereas a waiver permanently exempts payment of the fee or charge under discussion. Applications for waiver and deferral will be individually assessed against the criteria stated in this Policy. This Policy defines the process for considering applications for deferment and/or waiver of rates, charges and interest.

2. CONTEXT Rate income is a secure and predictable source of revenue that Council relies on as its main revenue source to deliver services to the community. Rates currently provide the majority of Council’s recurrent income. In considering all aspects of the rating strategy for the municipality, Council considers the principles of consistency, fairness, and transparency and equity. The consideration of hardship requirements is consistent with these principles. the representation for fairness and community benefit.


3. SCOPE Council officers responsible for the maintenance and management of the rating system are required to apply the criteria set out in this Policy to all rateable assessments within the City of Knox. The Policy also has relevance to Councillors and Senior Management.

4. REFERENCES

4.1 City Plan 2013-2017 (incorporating the Council Plan) · Democratic and Engaged Communities A Well Governed and

Leading Organisation

4.2 Relevant Legislation · Local Government Act 1989 · Penalty Interest Act 1983 · State Concessions Act 2004 · Information Privacy Act 2004

4.3 Charter of Human Rights Act 2006 · This Policy has been assessed against and complies with the Charter

of Human Rights. · Any decisions regarding the deferral, waiver or collection of rates

must be considered in light of, and be compatible with, relevant Charter rights, in particular, the rights to privacy and the right to protection of families and children.

4.4 Related Council Procedures · Hardship Procedures

4.5 Municipal Association of Victoria · Hardship Policy Guidelines (drafted November 2013)

5. DEFINITIONS

In this Policy:

Deferment Is a postponement of payment in whole or in part and can be for a specified period and subject to any conditions determined by Council. When rates are deferred, payment is not required until the Council sends the person a notice requiring payment, the property is sold or there is a change in ratepayer. Deferred rates are a charge on the property.

Waiver Is the relinquishment or removal of the liability to pay and may include the whole or part of any interest or where applicable part of rates and charges as set down in section 6.2.


Market Rate Is the official 180 day bank bill rate sourced from Council’s current banking provider as at 1 July of the forthcoming financial each year and will be the net penalty interest rate levied against properties where the rates are deferred, for the year, rounded to 1 decimal place.

Rate Hardship Committee

Is a Council committee comprising officer representatives from both the Corporate Development and Community Services Directorates.

6. COUNCIL POLICY

6.1 INTEREST ON OVERDUE RATES AND CHARGES 6.1.1 Calculation of Interest Unless otherwise specified in this Policy, interest will be charged on overdue rates and charges in accordance with Section 172 of the Local Government Act 1989, including that the interest is calculated at the rate fixed under Section 2 of the Penalty Interest Rate Act 1983

that applied on the first day of July immediately before the due date for the payment.

Interest becomes payable: i) if the payment was payable in instalments only, on and from the date on

which the missed instalment was due; or ii) if the payment was payable either in instalments or in a lump sum and the

first instalment was paid by the date it was due, on and from the date on which the relevant subsequent missed instalment was due; or

iii) if the payment was payable either in instalments or in a lump sum, and neither the first instalment nor the lump sum were paid by the dates the first instalment or the lump sum were due, on and from the date on which each missed instalment was due; and

iv) continues to be payable until the payment or the recovery of the rates or charges.

that applied on the first day of July immediately before the due date of payment. Interest is levied on arrears after due dates and then on a monthly basis. Rate payments not being paid by instalments and not received by the due date, will incur interest levied from the date of declaration of the rates and charges until paid in full. Rate payments being paid by instalments not received by the due date will incur interest levied from the date the instalment was due until paid in full.


6.1.2 Waiving Interest Interest waivers fall under three categories which are: · Administrative waivers · Waiver on compassionate grounds · Financial hardship waiver 1. Waiver for Administrative Reason/Error - Ratepayers may have interest

only

waived in the event of an administrative issue, error or omission which caused or significantly contributed to the failure to pay rates in a timely manner.

2. Waiver on Compassionate Grounds - Ratepayers may have interest only

waived where they have demonstrated compassionate grounds for a payment being late.

3. Waiver of interest due to Financial Hardship

- Ratepayers experiencing Financial hardship may apply to have interest or part thereof waived subject to compliance with the following conditions:

a) The ratepayer must be experiencing undue financial hardship i.e. be in necessitous circumstances. Pensioners and unemployed ratepayers with current year balances to be cleared within 6 months under payment arrangement may be placed on an interest free arrangement for this period by the Coordinator Property and Revenue Services. Any such interest free arrangements only remain in force while the agreed payments are being received.

b) In the case of a family or individuals who are not eligible pensioners or unemployed, the ratepayer’s financial circumstances must be assessed by a Council approved Financial Counsellor the Rate Hardship Committee.

6.2 WAIVER OF WAIVING RATES AND CHARGES (EXCLUDING INTEREST)

In general, a waiver will be provided only when Council is satisfied that severe financial hardship has been clearly demonstrated and the other forms of Council rate relief (for example, payment deferred by an extension of time or an instalment plan (refer section 6.4 and 6.5)) are not considered appropriate.

Council will only consider the waiving of rates and charges in exceptional circumstances. All applications for a waiver of rates and charges need to be lodged in writing and will be considered by the Rate Hardship Committee. Any direction by the Committee for a waiver of rates and charges due to financial hardship will be undertaken in accordance with this Policy.

APPENDIX B


The minimum amount of any waiver in one financial year will be $100 for any single assessment. Any waiver is a one off waiver in response to circumstances presented at the time.

6.3 DEFERRAL OF RATES AND CHARGES AND/OR INTEREST

Deferring The deferral of rates and charges and/or interest (this is available to ratepayers of properties rated as Residential and Retirement Village properties only. This option is not available to properties rated as other types including Commercial, Industrial or Vacant Land). Ratepayers may have rates and charges and/or interest, or part thereof, deferred although ongoing rates and charges and interest

a) The ratepayer must be experiencing undue and unavoidable hardship; and

will continue to be levied, subject to compliance with the following conditions:

b) The ratepayer is:

i) a pensioner (eligible to claim the State Government pensioner rate rebate); or

ii) is receiving unemployment benefits for a minimum period of three consecutive months; or

iii) is able to provide evidence of severe financial hardship as certified by an assessment carried out by a Council nominated/approved Financial Counsellor service; and

c) An application is submitted to the Coordinator Property & Revenue Services by the ratepayer or the ratepayer’s representative providing evidence of such circumstances referred to in a) or b) above.

In all applications for rates and charges deferrals, the applicant will be encouraged to continue to pay the portion of rates and charges that is affordable given their individual circumstances. This will be mutually agreed on a case by case basis. Ratepayers will be required to re-submit an application every three years to qualify for a continuation of any deferment arrangement. The total of rates deferred on a single assessment should not exceed 5% of the Capital Improved Value of the subject property. Any deferrals of rates and charges in excess of this amount will be considered by the Rate Hardship Committee on a case by case basis.

The interest charged under this section for deferred rates and charges is charged at the “market rate”, as defined, and provides interest relief to the applicant.

APPENDIX B


The “market rate” only becomes applicable to the deferred rates and charges from the date of the application being approved.

The net interest on deferred rates and charges will be set at the “market rate” rather than the penalty interest rate. This discounted interest rate will only apply to rates and charges deferred through this application process and apply from the date of application approval. Penalty interest charged to arrears prior to the deferral arrangement will remain unchanged. Once deferral is approved, the difference between the penalty interest levied and the interest that would be levied at the “market rate” will be calculated monthly on arrears and waived. This will also be applied to current year rates if they become overdue. 6.4 RATES AND CHARGES PAYMENT ARRANGEMENTS Any ratepayer who does not qualify for either a rates and charges deferral or rates and charges waiver arrangement may still apply to pay outstanding rates and charges by way of a payment arrangement. Payment arrangements will attract penalty interest on outstanding balances but allow ratepayers additional

the required time to make payments without any legal action being undertaken by Council to recover rates and charges. A pensioner who is eligible to claimthe State Government pensioner rebate will qualify to have current year interest charges wiaved if the rates and charges are paid infull within the current financial year.

6.5 DELEGATED AUTHORITY TO DEFER OR WAIVE RATES AND CHARGES

AND/OR INTEREST 6.5.1 Deferrals Applications for rate and charges deferral for residents will be considered by the Coordinator Property & Revenue and approved by the Manager Finance.

6.5.2 Waivers All applications for waiver of rates and charges will be considered by the Rate Hardship Committee. The Rate Hardship Committee will undertake an assessment of prepare a direction for each application and present same to prepare a direction (in accordance with this Policy)

to the relevant Council officer (based on the level of delegated authority outlined below).


The approval of rates and charges waivers and/or interest waivers is to be based on the following delegated authority levels:

· Interest for any one property up to $250 Coordinator Property & Revenue Services

· Interest for any one property up to $500 Director Corporate Development

· Principal rates and charges and/or interest for any one property up to $1,000

Chief Executive Officer Any waiver in excess of $1,000 must be approved by Council.

6.6 OVERDUE RATES AND THE CHANGE OF PROPERTY OWNERSHIP RATE

DEFERRAL AGREEMENTS (CHANGE OF OWNERSHIP) Under the Local Government Act (1989), where property ownership changes all overdue rates and charges must be fully paid at settlement date. Rates and charges arrangements and deferral agreements are not transferable.

6.7 CONFIDENTIALITY Any information provided in accordance with this Policy will be treated as strictly confidential.


ALL WARDS

9.3 GOVERNANCE POLICY REVIEWS

SUMMARY: Manager Governance (Rhys Thomas)

In order to ensure the relevancy of its policies on an ongoing basis, Council policies have a pre-determined life which ensures that a formal review take place at policy sunset. These reviews provide an opportunity to adjust policies to reflect new Council priorities, the changing legislative framework and necessary procedural adjustments.

Five key governance policies have now due for review. This Report presents the policies, identifies the opportunities for adjustment and presents a number of updated polices for adoption.

That:

RECOMMENDATION

1. Council adopt the following policies attached as Appendices to this report:

a. Gifts and Hospitality (Councillors and Special Committees) (Appendix A)

b. Recognition of Former Mayors and Councillors (Appendix C) c. Flying and Display of Flags at the Knox Civic Centre (Appendix

D) d. Councillor Equipment Policy (Appendix E)

2. the Information Privacy Policy be determined as an Administrative Policy and referred to the Chief Executive Officer for review.

Council policies require regular review to ensure they remain relevant to both the Council and community. The following five listed policies is due for review:

1. INTRODUCTION

· Gifts and Hospitality (Councillors and Special Committees) · Recognition of Former Mayors and Councillors · Flying and Display of Flags at the Knox Civic Centre · Councillor Equipment Policy · Information Privacy Policy

A desktop review of each of the policies has been conducted, with the conclusion that all policies are serving us well and that minimal change is required. The potential issues that could be reviewed for each policy are identified below.

2. DISCUSSION

202 COUNCIL – CORPORATE DEVELOPMENT 25 March 2014 9.3 Governance Policy Reviews (cont’d)

It is recommended that elements which are duplicated in the Local Government Act be removed, but otherwise that this policy be adopted without change. The recommended changes are shown at Appendix B.

Gifts and Hospitality (Councillors and Special Committees)

The Gifts and Hospitality (Councillors and Special Committees) Policy provides mechanisms in relation to the receipt of gifts by Councillors and Committee Members including relating to ownership, conflict of interest and declaration obligations. In summary, the policy requires:

Councillors and Committee Members must not: · Solicit gifts. · Accept gifts where it could be perceived as a conflict in their official duties. · Accept cash or equivalent.

Councillors and Committee Members may: · Accept reasonable hospitality. · Accept gifts with a value of less than $100 for personal use. · Accept gifts with a value greater than $100 on behalf of Council where

approved by the Chief Executive Officer.

The policy also contains a number of measures which are duplicated from the Local Government Act 1989. It is recommended to remove these references to avoid unnecessary duplication.

It is recommended that this policy be adopted without change.

Recognition of Former Mayors and Councillors

The Recognition of Former Mayors and Councillor Policy provides direction in relation to the acknowledgement of former Councillors upon their retirement or death. In summary, the policy sets out the criteria for:

· Certificate of appreciation and gift upon retirement. · Portrait in Civic Centre Foyer upon retirement of long serving Councillor

(20 years and 2 Mayoral terms). · Wreath, death notice, condolence motion and half masting of flag upon

death of a former Councillor. · Tree, plaque, rock or park furniture upon death of a former Mayor. · Naming of a Council structure or award following the death of a former

long-serving Mayor (20 years and 3 Mayoral terms).

This policy has served Council well and it is recommended that it be adopted without change.


It is recommended that this policy be adopted without change.

Flying and Display of Flags at the Knox Civic Centre

The Flying and Display of Flags at the Knox Civic Centre policy establishes the standards and principles for the flying and display of flags at the Knox Civic Centre.

In summary, the policy provides arrangements for:

· Flying the Australian Flag, Victorian Flag, Aboriginal Flag and Knox City Council Flag from the four flagpoles at the Civic Centre.

· Flying the Torres Strait Islander Flag in place of the Knox City Council Flag during National Reconciliation Week, NAIDOC week and on National Sorry Day.

· Flying the flags of other sovereign nations or bona fide organisations upon the visit of a visiting dignitary, by decision of the Mayor and Chief Executive Officer or by Council resolution.

· The display of other flags within the Civic Centre on request from community representatives to acknowledge national days and special events.

This policy has served Council well and it is recommended that it be adopted without change.

It is recommended that the policy be amended to clarify that surplus equipment be available for purchase a current market value, and that the scope of the policy be expanded to include tablet computers, but otherwise that this policy be adopted without change. The recommended changes are shown at Appendix F.

Councillor Equipment Policy

The Councillor Equipment Policy provides a consistent and standard approach to the provision and purchase of Council owned tool of trade equipment by Councillors.

In summary, the policy provides that at the conclusion of each full Council term, Councillors may purchase surplus equipment that is no longer required by Council at its current market value. The equipment consists of one or more of a laptop computer, tablet computer, multi-function device and a mobile communication device.


It is recommended that this policy be referred to the Chief Executive Officer for administrative review.

Information Privacy Policy

The Information Privacy Policy establishes a regime for Council’s compliance with the Information Privacy Act 2000 and the Health Records Act 2001.

In summary, the policy sets out Council’s regime for the responsible collection and handling of personal information, rights of access to information, right to information correction and remedies for a breach of the Information Privacy Principles. The policy appoints the Manager Governance as Council’s Information Privacy Officer.

Due to the operational nature of this policy, it is recommended that it be determined as an Administrative Policy and referred to the Chief Executive Officer for review.

No formal consultation has been undertaken in relation to the review of these policies.

3. CONSULTATION



There are no direct financial or economic implications arising from this report.


There are no direct social implications arising from this report.


Theme five of the City Plan 2013-2017, “Democratic and Engaged Communities” includes the following objective:


· “Ensure Council is well governed and demonstrates effective leadership”

A robust and relevant policy review process ensures Council’s decisions are consistent and based on sound policy objectives.


This report recommends that minor changes be made to the Gifts and Hospitality (Councillors and Special Committees) Policy and the Councillor Equipment Policy. It recommends that no changes be made to the Recognition of Former Mayors and Councillors Policy and the Flying and Display of Flags at the Knox Civic Centre Policy. It further recommends that the Information Privacy Policy be determined as an Administrative Policy and referred to the Chief Executive Officer for review.

8. CONCLUSION


9 CONFIDENTIALITY

COUNCIL RESOLUTION MOVED: CR. MORTIMORE SECONDED: CR. SEYMOUR

That:

1. Council adopt the following policies attached as Appendices to this report:

a. Gifts and Hospitality (Councillors and Special Committees) (Appendix A)

b. Recognition of Former Mayors and Councillors (Appendix C)

c. Flying and Display of Flags at the Knox Civic Centre (Appendix D)

d. Councillor Equipment Policy (Appendix E)

2. the Information Privacy Policy be determined as an Administrative Policy and referred to the Chief Executive Officer for review.

CARRIED


KNOX POLICY

GIFTS AND HOSPITALITY (COUNCILLORS AND SPECIAL COMMITTEE MEMBERS)

Policy Number:


Approval by: Council Responsible Officer:

Manager Governance

Approval Date:

25 March 2014 Version Number:

4

Review Date: 24 March 2018

1. PURPOSE

This Policy: (1) identifies the overriding responsibility of Councillors to act honestly and not

to make improper use of their position. (2) prescribes the conduct of Councillors and members of Special Committees

where they are offered gifts or hospitality as a consequence of their position by external parties.

(3) determines ownership of a gift presented to Councillors and Members of Special Committees.

2. CONTEXT

Councillors will occasionally be offered gifts or hospitality. Where a Councillor has a personal or private interest, in relation to the receipt of a gift or hospitality, this may compromise their ability to act in the public interest. A failure to resolve an interest of this nature can create an appearance of impropriety that may undermine confidence in the relevant person and in the Council. It is a basic principle that people who are elected or appointed to public office are entrusted with a range of powers in order to serve the public interest. These powers must not be used to further their own personal interests or the interests of people with whom they are closely associated.

3. SCOPE

This Policy relates to Knox City Council Councillors and members of Council Special Committees. This Policy does not cover donations made to candidates during election campaigns which are subject to Part 3 Division 9 of the Local Government Act 1989.

207 COUNCIL – CORPORATE DEVELOPMENT 25 March 2014 APPENDIX A 4. REFERENCES

4.1 Council Plan · Effective Governance

4.2 Relevant Legislation · Local Government Act 1989

4.3 Charter of Human Rights · This policy has been assessed against and complies with the charter

of Human Rights

4.4 Related Council Policies · Knox City Council Councillor Code of Conduct · Gifts and Hospitality for Staff and Official Representatives of Council

4.5 Related Council Procedures · Reportable Gifts and Hospitality Declaration · Reportable Gifts and Hospitality Register

5. DEFINITIONS

“hospitality” May include (but is not limited to) the provision or the promise of the provision of: · free or heavily discounted entertainment and/or use

of facilities - (including accommodation, travel, entry to sporting/cultural/entertainment events);

· free or heavily discounted meals, drinks etc. The following terms have the same definition as that set out in section 3(1) of the Local Government Act 1989:

· “gift” · “Councillor” · “Special Committee”

6. COUNCIL POLICY

6.1 A Knox City Council Councillor or Member of a Special Committee shall not:

· Solicit for private purposes any gift or hospitality in connection with that person’s official functions or duties; or

· Accept a gift or hospitality if it could be perceived as being intended to or is likely to influence the recipient in the fair, impartial and efficient discharge of their duties for Council;

· Accept under any circumstance cash, transfers or loans of money or property as a gift.


6.2 Where a Councillor or a Member of a Special Committee as a consequence of his or her position is presented with gifts or offered hospitality under the circumstances provided in this policy, the following rules apply:

Gifts with a value of less than $100 · Where the value of a gift is less than $100 the gift may be retained by

the recipient. Gifts with a value greater than $100 · Where the value of a gift or hospitality is equal to or greater than

$100, the recipient must notify the Chief Executive Officer as soon as practicable but at least within 30 days by completing and lodging a “Reportable Gifts and Hospitality Declaration” form. The gift or hospitality will be reported in the “Reportable Gifts and Hospitality Register”.

· Gifts of the value of $100 or greater will become the property of Council unless determined otherwise by the Chief Executive Officer.

· The Chief Executive Officer may decide to return a gift valued at $100 or greater to the donor.

All Gifts · Where the value of a gift or hospitality cannot be reasonably

determined the matter should be referred to the Chief Executive Officer for determination.

209 COUNCIL – CORPORATE DEVELOPMENT 25 March 2014 APPENDIX B – TRACK CHANGES

KNOX POLICY

GIFTS AND HOSPITALITY (COUNCILLORS AND SPECIAL COMMITTEE MEMBERS)

Policy Number:


Approval by:


Manager Governance

Approval Date:

25 March 2014

Version Number:

4

Review Date:

24 March 2018

1. PURPOSE

This Policy: (1) identifies the overriding responsibility of Councillors to act honestly and not

to make improper use of their position. (2) prescribes the conduct of Councillors and members of Special Committees

where they are offered gifts or hospitality as a consequence of their position by external parties.

(3) determines ownership of a gift presented to Councillors and Members of Special Committees.

2. CONTEXT

Councillors will occasionally be offered gifts or hospitality. Where a Councillor has a personal or private interest, in relation to the receipt of a gift or hospitality, this may compromise their ability to act in the public interest. A failure to resolve an interest of this nature can create an appearance of impropriety that may undermine confidence in the relevant person and in the Council. It is a basic principle that people who are elected or appointed to public office are entrusted with a range of powers in order to serve the public interest. These powers must not be used to further their own personal interests or the interests of people with whom they are closely associated.

3. SCOPE

This Policy relates to Knox City Council Councillors and members of Council Special Committees. This Policy does not cover donations made to candidates during election campaigns which are subject to Part 3 Division 9 of the Local Government Act 1989.


4. REFERENCES




of Human Rights

4.4 Related Council Policies · Knox City Council Councillor Code of Conduct · Gifts and Hospitality for Staff and Official Representatives of Council

4.5 Related Council Procedures · Reportable Gifts and Hospitality Declaration · Reportable Gifts and Hospitality Register

5. DEFINITIONS

“hospitality” May include (but is not limited to) the provision or the

promise of the provision of: · free or heavily discounted entertainment and/or use

of facilities - (including accommodation, travel, entry to sporting/cultural/entertainment events);

· free or heavily discounted meals, drinks etc.


The following terms have the same definition as that set out in section 3(1) of the Local Government Act 1989:

· “gift” · “Councillor” · “Special Committee”

6. COUNCIL POLICY

6.1 A Knox City Council Councillor or Member of a Special Committee shall not:

· Solicit for private purposes any gift or hospitality in connection with that person’s official functions or duties; or

· Accept a gift or hospitality if it could be perceived as being intended to or is likely to influence the recipient in the fair, impartial and efficient discharge of their duties for Council;

· Accept under any circumstance cash, transfers or loans of money or property as a gift.

6.2 Where a Councillor or a Member of a Special Committee as a

consequence of his or her position is presented with gifts or offered hospitality under the circumstances provided in this policy, the following rules apply:


Gifts with a value of less than $100 · Where the value of a gift is less than $100 the gift may be retained by

the recipient.

Gifts with a value greater than $100 · Where the value of a gift or hospitality is equal to or greater than $100,

the recipient must notify the Chief Executive Officer as soon as practicable but at least within 30 days by completing and lodging a “Reportable Gifts and Hospitality Declaration” form. The gift or hospitality will be reported in the “Reportable Gifts and Hospitality Register”.

· Gifts of the value of $100 or greater will become the property of Council unless determined otherwise by the Chief Executive Officer.

· The Chief Executive Officer may decide to return a gift valued at $100 or greater to the donor.

All Gifts · Where the value of a gift or hospitality cannot be reasonably

determined the matter should be referred to the Chief Executive Officer for determination.

(i)

213 COUNCIL – CORPORATE DEVELOPMENT 25 March 2014 APPENDIX C

KNOX POLICY RECOGNITION OF FORMER MAYORS AND COUNCILLORS

Policy Number:



Manager Governance

Approval Date:


3


1. PURPOSE

This policy provides direction to Council and staff on the retirement of Councillors. It also recognises former Mayors and Councillors who have made an extended or long term contribution to the community. The policy also provides guidance on the passing of former Councillors, Mayors or Presidents.

2. CONTEXT

Knox City Council has been well served by many Councillors and Mayors or Presidents since the formation of the original Shire of Knox in 1963. This policy sets out the approach in formally recognising the contribution that former Mayors, Presidents and Councillors have made to the municipality.

3. SCOPE

This policy will apply to all former Knox City Council Mayors, Presidents and Councillors.

4. REFERENCES


4.2 Relevant Legislation · Nil

4.3 Charter of Human Rights · This policy has been assessed against and complies with the

Charter of Human Rights 4.4 Related Council Policies

· Naming and Renaming of Council Owned Facilities 4.5 Related Council Procedures

· Nil


5. DEFINITIONS

“Mayor”

Person elected as Mayor of City of Knox or the Knox City Council in accordance with the Local Government Act.

“President” Person elected as President of the former Shire of Knox in accordance with the Local Government Act.

“Councillor” An elected member of Knox City Council. “Knox City Council”

On 15 December 1994 the Knox City Council was proclaimed. Prior to this, Knox City Council was known as: City of Knox: 1969-1994 Shire of Knox: 1963-1969

6. COUNCIL POLICY

6.1 Retiring Councillors On completion of a Councillor’s term of office, that Councillor shall be presented with a certificate in appreciation of service under the Seal of Council together with a photograph of the sitting Councillors. Where a Councillor has been elected for a minimum three (3) terms and served eight (8) or more years, they shall be presented with a certificate of appreciation under the Seal of Council, together with a suitable gift, the value of same to be at the discretion of the Mayor of the day, but shall not exceed $500.

6.2 Extended Service Upon retirement and after serving at least twenty (20) years as a Councillor and a minimum two (2) mayoral terms, Council will provide acknowledgement and recognition of the service of such former Councillors of the Knox City Council by commissioning a portrait. This portrait will then be displayed in the foyer of the Civic Centre. The size of the portrait will be approximately 1000mm (depth) by 740mm (width) and will be suitably framed to match existing portraits previously commissioned.

6.3 Upon Death

6.3.1 Councillors Council will acknowledge and recognise the service of all former Councillors of the Knox City Council upon death in the following manner:

· Fly the Australian Flag at the Civic Centre at half-mast on the day of the funeral;


· Send a wreath on behalf of the Mayor, Councillors and staff to the funeral or in the case of a bequest, make a donation to the organisation/charity nominated by the family of the deceased. The value of the wreath or donation not to exceed $200.00 without prior permission from the Chief Executive Officer;

· Place a death notice on behalf of the Mayor, Councillors and staff in the Herald Sun newspaper and local newspapers; and

· Pass a Condolence motion at the next Ordinary Meeting of Council to mark the passing of the former Mayor/Councillor.

6.3.2 Mayors and Presidents

a) Upon the death of a former Mayor or President (other than those referred to in ‘b’ below), Council will be presented with a report to choose one of the following three options for implementation:

· Planting of a tree and placement of a memorial plaque at either

· Placement of a rock and memorial plaque at the Knox Civic Centre

the Tim Neville Arboretum, the Knox Civic Centre or at a venue to which the former Mayor or President had some close affiliation or strong interest; or

or

· Erection of Park Furniture and memorial plaque at the Knox Civic Centre

at a venue to which the former Mayor or President had some close affiliation or strong interest; or

or

The planting of a tree, placement of a rock or installation of park furniture will be enacted if the family of the deceased request that Council formally recognise the contribution of the former Mayor or President. If a request has not been received six months from the date of death, Council officers will contact the next of kin to discuss their preference in regards to honouring the contribution of the former Mayor or President in accordance with this policy.

at a venue to which the former Mayor or President had some close affiliation or strong interest.

b) As an automatic entitlement, Council will undertake the following where a past Mayor or President has made a long term contribution to the Knox community:

· Name a Council owned physical structure or feature in the former Mayor or President’s honour; or

· Name a Council controlled Award (one-off or perpetual) in the former Mayor or President’s honour.


A long-term contribution will be defined as a minimum of twenty (20) years service as a Councillor and three (3) Mayoral terms. Where practicable, a deceased person’s next of kin or appropriate relative/s will be consulted before a deceased person is recognised in accordance with section 6.3.2 of this policy. In dedicating a physical structure/feature or Award in a former Mayor or President’s honour, preference shall be given to structures/features or Awards to which the former Mayor or President had some close affiliation or strong interest. For the purpose of this policy, a road name does not constitute a physical structure/feature.

If a Mayor or President has previously had a physical structure/feature or Award named in their honour, they will not be eligible to have another physical structure/feature or Award named in their honour. Where this occurs, a rededication of the structure or the Award will be undertaken in conjunction with the family.

A resolution to determine the type of recognition under this clause shall be only undertaken on the basis of a majority of the whole of the Council (ie five Councillors) as for the election of the Mayor.

217 COUNCIL – CORPORATE DEVELOPMENT 25 March 2014 APPENDIX D

KNOX POLICY

FLYING AND DISPLAY OF FLAGS AT THE KNOX CIVIC CENTRE

Policy Number:



Manager - Governance

Approval Date:


5


1. PURPOSE

The purpose of this policy is to establish standards and principles for the flying and display of flags at the Knox Civic Centre.

2. CONTEXT

The flying of the Australian National Flag is governed by a number of conventions outlined in the 2006 Commonwealth publication titled ‘Australian Flags – Part 2: The protocols for the appropriate use and flying of the flag’. This publication describes the history and significance of the Australian National Flag and other flags of Australia, and explains the protocol for flying and displaying flags within Australia.

There are four flag poles located at the front of the Knox Civic Centre.

3. SCOPE

This policy applies to the displaying of flags both internally and externally at the Knox Civic Centre.

4. REFERENCES

4.1 Council Plan · Good Governance

4.2 Relevant Legislation · Flags Act 1953


of Human Rights.



218 COUNCIL – CORPORATE DEVELOPMENT 25 March 2014 APPENDIX D 5. DEFINITIONS

Detail any definitions within the policy.

Flag Pole There are four flag poles to the front of the Knox Civic Centre. Protocol dictates that only one flag at a time is flown from each of these flag poles.

Banner Post There are four banner poles to the front of the Knox Civic Centre. It is not appropriate that flags of sovereign nations be flown from these poles.

Bona Fide Organisation

Such groups would comprise organisations that are incorporated, recognised internationally or under an Act of parliament. These would include the Red Cross, St John Ambulance, Olympic Organisation, the Scout Association of Australia and like organisations.

Sovereign Nations

The Australian Government’s policy in relation to the flying of other nations’ flags is to fly only the official flags of nations recognised by Australia.

6. COUNCIL POLICY

6.1 Flags to be Flown from the Civic Centre Flag Poles

The Australian flag should be treated with the respect and dignity it deserves as the nation’s foremost symbol. With respect to the flying of flags at the Knox Civic Centre, Council will:

· Fly the Australian National flag at the front of the Civic Centre in accordance

with Commonwealth Policy (no flag shall displace the Australian flag).

· Fly the Victorian State Flag, Australian Aboriginal Flag and the Knox City Council flag alongside the Australian National flag in accordance with Commonwealth Policy (no flag shall displace the Australian flag).

· Fly the Torres Strait Islander flag during National Reconciliation Week, NAIDOC week and on National Sorry Day in accordance with Commonwealth Policy (in place of the Knox flag).

· Ensure that the Australian National flag, flags of sovereign nations and proclaimed flags are not flown from banner posts.

Only fly the flags of other sovereign nations or bona fide organisations where one or more of the following conditions is met:

· To honour a visiting dignitary; or

· The Mayor and Chief Executive Officer determine that it is appropriate to fly a sovereign flag or flag of a bona fide group; or

· Council makes a specific resolution to fly the flag of a sovereign nation or bona fide organisation.

219 COUNCIL – CORPORATE DEVELOPMENT 25 March 2014 APPENDIX D

6.2 Display of Flags within the Civic Centre

To accommodate requests from community representatives to acknowledge national days and special events, Council will permit the display of flags from other sovereign nations and bona fide interest groups within the Civic Centre. This will be undertaken upon the request of such a group where all of the following conditions are met:

· A request to display the flag is received in writing by Council’s Manager – Governance (this may necessitate completion of an application form to provide specific details relating to the applicant organisation, national and/or event); and

· The flag to be flown represents a sovereign nation or bona fide group; and

· The flag to be displayed is not politically sensitive, likely to cause distress or give offence to any group or persons; and

· The flag is to be displayed on a day of relevant significance (eg national day, awareness day, significant event); and

· That the flag be supplied to Council by the group making the request.

Where approval is granted to display a flag within the Civic Centre the group sponsoring the flag shall be invited to provide a small display relevant to the sovereign nation or bona fide organisation to promote understanding and awareness. Council, at the discretion of the Chief Executive Officer, reserves the absolute right to refuse any request or to remove any flag and/or display at any time.

220 COUNCIL – CORPORATE DEVELOPMENT 25 March 2014 APPENDIX E

KNOX POLICY

COUNCILLOR EQUIPMENT POLICY Policy Number: 2005/19 Directorate: Corporate Development



Approval Date: 25 March 2014 Version Number: 4


1. PURPOSE

To provide a consistent and standard approach to the provision and purchase of Council owned tool of trade equipment by Councillors.

2. CONTEXT

Councillors are offered a selection of tools of trade in the way of equipment to assist them to conduct their business as a Councillor. At the conclusion of their term of office, Councillors are provided with an opportunity to purchase the Council owned tools of trade provided to them to conduct their business as a Councillor. The decision to offer equipment for sale to Councillors is based on the following principles:

· Council acknowledges in its Information Systems Strategy that the useful

life of a computer is three to four years, and has established an appropriate replacement cycle to address the technological ‘aging’ issue.

· The market for mobile communication equipment is extremely competitive.

Units are quickly superseded and opportunities are limited for trade in and resale. Four years of age is regarded as the useful life of most current mobile communication devices.

· A printer/fax/scanner of the type provided to Councillors would normally

have a useful life beyond four years in a home office environment, however, it is Council’s practice that the units provided to Councillors be replaced in line with the four year election cycle. This enables Councillors to meet their business needs and to ensure they have access to the same equipment.

Based on the principles outlined above, a policy has been developed to allow for the sale of equipment that has been used by Councillors, to the respective Councillors where the equipment is redundant or additional to Council’s needs.

221 COUNCIL – CORPORATE DEVELOPMENT 25 March 2014 APPENDIX E 3. SCOPE

This policy will apply to Councillors and recently retired Councillors.

4. REFERENCES




of Human Rights.



5. DEFINITIONS

Term of Office In accordance with Section 68(2) of the Local Government Act 1989, the term of office of a Councillor elected at a general election expires at 6.00am on the day appointed for the next general election.

In terms of this policy, the term of office for any Councillor

elected as a result of an extraordinary vacancy expires at 6.00am on the day appointed for the next general election.

Tools of Trade The following equipment provided to conduct business as a Councillor:

· Laptop Computer · Printer/Copier/Facsimile/Scanner · Mobile Communication Device · Tablet Computer

6. COUNCIL POLICY

It is Council policy that:

6.1 Councillors will be offered a selection of the following tools of trade upon

election to Council to conduct their business as a Councillor: · Laptop Computer · Printer/Copier/Facsimile/Scanner · Mobile Communication Device · Tablet Computer


6.2 Subject to sections 6.2.1, 6.2.2 and 6.2.3 of this policy, at the end of

each full term of office, Councillors will have the option to purchase office equipment provided and used by them as tools of trade that is redundant or additional to Council’s needs, at fair market value. The market value will be determined by the Director – Corporate Development having regard to contemporary market rates for the sale or trade-in value of such equipment. A justification for how the nominal value(s) was arrived at will be maintained by the Director – Corporate Development.

6.2.1 In the event that a Councillor is returned to office following a

general election, mobile telephones will be retained by the returning Councillor and replaced if and when required.

6.2.2 Equipment that remains relevant and useful to Council’s needs

will not be made available for sale to Councillors. As a guide, equipment would only be available for sale that has been utilised by a Councillor over the full term. Equipment that is replaced or turned over after a lesser period of time would normally be relevant and useful for alternate Council programs or activities.

6.2.3 For the purposes of clarity, any Council-owned computer that is

offered for sale to a Councillor will not include proprietary software, other than the computer’s operating system.

6.2.4 Councillors must decide within 7 days of the end of their term of

office whether they wish to purchase any of the equipment provided to them as tools of trade.

6.2.5 Prior to a general election of Council, a letter will be issued to

each Councillor not less than 5 days prior to the election date by the Chief Executive Officer outlining the indicative nominal value of all Council issued equipment in their possession that has been deemed to be redundant and to be offered for sale to the Councillor.

6.2.6 Upon receipt of notification that a Councillor has resigned, a

letter will be issued to that Councillor by the Chief Executive Officer not less than 5 days after receipt of the letter of resignation by the Councillor outlining the indicative nominal value of all Council issued equipment in their possession that has been deemed to be redundant and to be offered for sale to the Councillor.


6.2.7 In the event that a Councillor elects to purchase some or all of

the equipment offered for sale, they must complete the relevant paperwork and return it to the Councillors Support Officer within 7 days of the end of their term of office for processing. A tax invoice will be raised and issued to the Councillor in the amount of the purchase price for the equipment including GST.

6.2.8 Any equipment not purchased by a Councillor must be returned

by the Councillor to the Councillors Support Officer within 7 days of the end of their term of office.

6.2.9 All computers, including equipment to be purchased, must be

returned to Council to enable corporate software and personal information to be removed. Personal information will be backed up and provided to Councillors in a mutually agreed format.


APPENDIX F – TRACK CHANGES

KNOX POLICY

COUNCILLOR EQUIPMENT POLICY

Policy Number:


Approval by:



Approval Date:

25 March 2014

Version Number: 4

Review Date:

24 March 2018

1. PURPOSE

To provide a consistent and standard approach to the provision and purchase of Council owned tool of trade equipment by Councillors.

2. CONTEXT

Councillors are offered a selection of tools of trade in the way of equipment to assist them to conduct their business as a Councillor. At the conclusion of their term of office, Councillors are provided with an opportunity to purchase the Council owned tools of trade provided to them to conduct their business as a Councillor. The decision to offer equipment for sale to Councillors is based on the following principles:

· Council acknowledges in its Information Systems Strategy that the useful

life of a computer is three to four years, and has established an appropriate replacement cycle to address the technological ‘aging’ issue.

· The market for mobile communication equipment is extremely competitive.

Units are quickly superseded and opportunities are limited for trade in and resale. Four years of age is regarded as the useful life of most current mobile communication devices.

· A printer/fax/scanner of the type provided to Councillors would normally

have a useful life beyond four years in a home office environment, however, it is Council’s practice that the units provided to Councillors be replaced in line with the four year election cycle. This enables Councillors to meet their business needs and to ensure they have access to the same equipment.



Based on the principles outlined above, a policy has been developed to allow for the sale of equipment that has been used by Councillors, to the respective Councillors where the equipment is redundant or additional to Council’s needs.

3. SCOPE

This policy will apply to Councillors and recently retired Councillors.

4. REFERENCES




of Human Rights.



5. DEFINITIONS

Term of Office In accordance with Section 68(2) of the Local Government Act 1989, the term of office of a Councillor elected at a general election expires at 6.00am on the day appointed for the next general election.

In terms of this policy, the term of office for any Councillor

elected as a result of an extraordinary vacancy expires at 6.00am on the day appointed for the next general election.

Tools of Trade The following equipment provided to conduct business as a

Councillor:

· Laptop Computer · Printer/Copier/Facsimile/Scanner · Mobile Communication Device · Tablet Computer



6. COUNCIL POLICY

It is Council policy that:

6.1 Councillors will be offered a selection of the following tools of trade upon election to Council to conduct their business as a Councillor: · Laptop Computer · Printer/Copier/Facsimile/Scanner · Mobile Communication Device · Tablet Computer

6.2 Subject to sections 6.2.1, 6.2.2 and 6.2.3 of this policy, at the end of

each full term of office, Councillors will have the option to purchase office equipment provided and used by them as tools of trade that is redundant or additional to Council’s needs, at fair market value. The market value will be determined by the Director – Corporate Development having regard to contemporary market rates for the sale or trade-in value of such equipment. A justification for how the nominal value(s) was arrived at will be maintained by the Director – Corporate Development.

6.2.1 In the event that a Councillor is returned to office following a

general election, mobile telephones will be retained by the returning Councillor and replaced if and when required.

6.2.2 Equipment that remains relevant and useful to Council’s needs

will not be made available for sale to Councillors. As a guide, equipment would only be available for sale that has been utilised by a Councillor over the full term. Equipment that is replaced or turned over after a lesser period of time would normally be relevant and useful for alternate Council programs or activities.

6.2.3 For the purposes of clarity, any Council-owned computer that is

offered for sale to a Councillor will not include proprietary software, other than the computer’s operating system.

6.2.4 Councillors must decide within 7 days of the end of their term of

office whether they wish to purchase any of the equipment provided to them as tools of trade.

6.2.5 Prior to a general election of Council, a letter will be issued to

each Councillor not less than 5 days prior to the election date by the Chief Executive Officer outlining the indicative nominal value of all Council issued equipment in their possession that has been deemed to be redundant and to be offered for sale to the Councillor.



6.2.6 Upon receipt of notification that a Councillor has resigned, a

letter will be issued to that Councillor by the Chief Executive Officer not less than 5 days after receipt of the letter of resignation by the Councillor outlining the indicative nominal value of all Council issued equipment in their possession that has been deemed to be redundant and to be offered for sale to the Councillor.

6.2.7 In the event that a Councillor elects to purchase some or all of

the equipment offered for sale, they must complete the relevant paperwork and return it to the Councillors Support Officer within 7 days of the end of their term of office for processing. A tax invoice will be raised and issued to the Councillor in the amount of the purchase price for the equipment including GST.

6.2.8 Any equipment not purchased by a Councillor must be returned

by the Councillor to the Councillors Support Officer within 7 days of the end of their term of office.

6.2.9 All computers, including equipment to be purchased, must be

returned to Council to enable corporate software and personal information to be removed. Personal information will be backed up and provided to Councillors in a mutually agreed format.


ALL WARDS

9.4 REVIEW OF COUNCIL POLICIES

SUMMARY: Property Management Coordinator (Angela Mitchell)

The following three policies are due for review: 1. Tenancy by Community Groups of Council Buildings Policy 2. Naming and Renaming of Suburbs Policy 3. Naming and Renaming of Council Owned Facilities Policy

Council now has an opportunity to review these policies to reflect new Council priorities, changes to legislation and other procedural adjustments. This report presents the three policies and identifies the areas recommended to be amended.

That Council adopt the

RECOMMENDATION

1. Tenancy by Community Groups of Council Buildings Policy attached as Appendix A;

2. Naming and Renaming of Suburbs Policy attached as Appendix C; and

3. Naming and Renaming of Council Owned Facilities Policy attached as Appendix E.

Council policies require regular review to ensure they remain relevant to both the Council and community. The three policies attached are now due for review.

1. INTRODUCTION

Council has in place the following three policies which are now presented for review. Listed below each policy are the proposed amendments.

2. DISCUSSION

· Tenancy by Community Groups of Council Buildings Policy

· Review date – now 4 years (consistent with other Council policies).

· Consistency and adherence to Acts.

· Current market rental value of land to remain at $5,000 per annum.

· Term to be 5 years.

229 COUNCIL – CORPORATE DEVELOPMENT 25 March 2014 9.4 Review of Council Policies (cont’d)

· Delete Good Neighbourhood Guidelines as this document only relates to sporting organisations. Note discussions will commence to develop a Good Neighbourhood Guidelines document that will relate to Community Groups.

The recommended, revised Policy is shown at Appendix A. Changes to the current Policy are shown at Appendix B.

· Naming and Renaming of Suburbs Policy


· Add Guidelines for Geographic Names 2010 to ‘Context’.

· Current policy template.

The recommended, revised Policy is shown at Appendix C. Changes to the current Policy are shown at Appendix D.

· Naming and Renaming of Council Owned Facilities Policy


· Other minor administrative changes as indicated on tracking document (Appendix F).

The recommended, revised Policy is shown at Appendix E. Changes to the current Policy are shown at Appendix F.

Consultation has been undertaken with appropriate staff.

3. CONSULTATION



The policies as presented have no incremental financial implications.


The application of these policies provides Council with an opportunity to directly support community groups and residents within Knox.


This supports Theme 5 Democratic and Engaged Communities with particular reference to:


5.3.1 Maintain accountable and transparent governance practices, and Council’s sound stewardship of the community’s finances and assets.

230 COUNCIL – CORPORATE DEVELOPMENT 25 March 2014 9.4 Review of Council Policies (cont’d)

This report recommends that the following Council policies:

8. CONCLUSION

· Tenancy by Community Groups of Council Buildings Policy (Appendix A) · Naming and Renaming of Suburbs Policy (Appendix C) · Naming and Renaming of Council Owned Facilities Policy (Appendix E)

be adopted.

There are no confidential issues associated with this report.

9. CONFIDENTIALITY

COUNCIL RESOLUTION MOVED: CR. LOCKWOOD SECONDED: CR. HOLLAND

That Council adopt the

1. Tenancy by Community Groups of Council Buildings Policy attached as Appendix A;

2. Naming and Renaming of Suburbs Policy attached as Appendix C; and

3. Naming and Renaming of Council Owned Facilities Policy attached as Appendix E.

CARRIED

231 COUNCIL – CORPORATE DEVELOPMENT 25 March 2014 APPENDIX A – Proposed Revised Policy

KNOX POLICY

TENANCY BY COMMUNITY GROUPS OF COUNCIL BUILDINGS

Policy Number:



Property Management Coordinator

Approval Date:


3

Review Date: 4 years

1. PURPOSE

The purpose of this policy is to ensure a consistent and transparent approach is taken when community groups enter into an arrangement to manage, on behalf of the community, Council owned facilities. The policy directs what form of occupancy agreement community groups will work under when operating as managers of a Council facility.

2. CONTEXT

Tenancy of Council facilities is subject to the provisions of the Residential Tenancies Act 1997, Retail Leases Act 2003 and the Local Government Act 1989. In order to ensure that tenancy arrangements comply with Council’s legislative obligations and are fair, efficient and transparent, a consistent approach is required when negotiating new or renewed tenancy arrangements.

3. SCOPE

This policy applies to all community organisations who have management rights and responsibilities for a Council owned facility subject to the following qualification:

· Does not include tenancy arrangements that have a commercial component whereby Council receives additional income based on the commercial activities undertaken at the facility.

· Does not include facilities that are operated and managed by Council staff.

· Does not include sporting groups that are subject to annual seasonal tenancy arrangements.


4. REFERENCES

4.1 City Plan 2013-17 (incorporating the Council Plan) · Sound Stewardship · Effective Governance

4.2 Relevant Legislation · Residential Tenancies Act 1997 · Retail Leases Act 2003 · Local Government Act 1989

4.3 Charter of Human Rights · This policy has been assessed against and complies with the Charter

of Human Rights.


4.5 Related Council Procedures · Procedural Document for Tenancy by Community Groups of Council

Facilities 5. DEFINITIONS

In this Policy:

Community Group

Includes not for profit incorporated groups that provide community benefit throughout Knox.

Management Rights

Responsibility for overseeing day to day operations and activities of a facility as set out in the licence agreement.

Licence Agreement

Formal agreement between Council and a community group specifying the conditions of occupancy of a Council facility.

Incorporated Association

An association that is incorporated under the Association Incorporation Act 1981.

6. COUNCIL POLICY

All new or renewed tenancies of Council facilities by community groups who are to be granted management rights will be by way of a licence agreement. Council has a standard licence agreement that will be used for this purpose.

Staff can negotiate and enter into licence agreements in accordance with this policy except:

· Where the annual rent for the licence is greater than the minimum fee set for licence rent in the Fees & Charges schedule.

· Where the current market rental value of the land is $5,000 or more a year. · Where the licence relates to the installation of a telecommunications facility. · Where the term of the agreement is longer than 5 years.


Should any of these provisions apply, the licence agreement shall be referred to Council for consideration.

The following are the general terms of the licence agreement that shall be considered in negotiations of a tenancy.

6.1 Term

Standard agreements will be for a period of 5 years subject to satisfactory performance of the standards outlined in the licence agreement. Other periods may be considered depending on the specific circumstances and after preliminary discussion with Chief Executive Officer and then reported to Council.

6.2 Performance Standards

Performance standards will be developed and agreed at the commencement of each agreement. These standards will include but are not limited to:

· The tenant must be either an incorporated association, not for profit co-operative or not for profit limited liability company.

· Council will be recognised by the tenant for building major maintenance and insurance contributions made. Recognition will include, but not limited to, signage and reference to Council’s support in the community group’s Annual Report.

· Council will have access to the facility in the event of an emergency and to undertake any maintenance and preparation associated with Council’s emergency management planning obligations.

· Council will insure Council installed and authorised fixture and fittings. Tenant to insure contents and take out professional indemnity and public liability cover in accordance with the Council standards at the time. All insurance requirements must be met prior to the signing of the licence agreement.

· Tenant will be required to comply with all relevant policies, plans or strategies adopted by Council.

· Tenant will comply with all legislative provisions relating to operations of the group and facility.

· Issues associated with use of facility will be specified in the agreement. This includes hours of operation, noise, parking and traffic management.

6.3 Naming of Buildings

The tenant cannot name or rename Council buildings they are using without obtaining authority of Council.


6.4 Use of Premises

The permitted use of the premises will be identified and agreed in conjunction with the agreement and incorporated into the licence agreement.

6.5 Sub-Letting

The tenant will not sub-let the Council facility to any other organisation or person without the prior written consent by Council.

6.6 Reporting Requirements

Each tenant must provide to Council at the commencement of the tenancy a list of office bearers including President, Secretary, Treasurer and Public Officer and prior notification of their Annual General Meetings. At the conclusion of their Annual General Meeting organisations must provide a copy of their Annual Report and Financial Statements.

The tenant will be required to participate in a review of performance of the tenancy against agreed performance standards.

6.7 Specific Knox City Council Conditions

In some cases specific conditions may apply and these will be negotiated and incorporated into the agreement. 6.8 Building Maintenance and Development

· The standard building maintenance schedule which defines responsibilities of each party will be included as an annexure to the licence agreement.

· The tenant will comply with all Risk Management requirements in the operation of the facility.

· Utility service costs (from the meter) will be the responsibility of the tenant unless the agreement states otherwise.

· Approval is required from Council for any structural alterations to buildings or fittings.

· Facilities will be inspected by Council at the commencement of the agreement and the facility will be restored to a like condition at the completion of the agreement irrespective of whether the tenant is seeking to renegotiate a new agreement.

6.9 Termination Clause

Either party will have the capacity to cancel the agreement by giving three months notice. Further, Council may consider immediate termination of the agreement if there is non compliance with the conditions of the licence agreement or inappropriate activity being undertaken at the facility. Council’s decision in these matters will be final.

235 COUNCIL – CORPORATE DEVELOPMENT 25 March 2014 APPENDIX B – Track Changes to the Current Policy

KNOX POLICY

TENANCY BY COMMUNITY GROUPS OF COUNCIL BUILDINGS

Policy Number:




Approval Date:


3


1. PURPOSE

The purpose of this policy is to ensure a consistent and transparent approach is taken when community groups enter into an arrangement to manage, on behalf of the community, Council owned facilities. The policy directs what form of occupancy agreement community groups will work under when operating as managers of a Council facility.

2. CONTEXT

Tenancy of Council facilities is subject to the provisions of the Residential Tenancies Act 1997, Retail Leases Act 2003 and the Local Government Act 1989. In order to ensure that tenancy arrangements comply with Council’s legislative obligations and are fair, efficient and transparent, a consistent approach is required when negotiating new or renewed tenancy arrangements.

3. SCOPE

This policy applies to all community organisations who have management rights and responsibilities for a Council owned facility subject to the following qualification:

· Does not include tenancy arrangements that have a commercial component whereby Council receives additional income based on the commercial activities undertaken at the facility.

· Does not include facilities that are operated and managed by Council staff. · Does not include sporting groups that are subject to annual seasonal

tenancy arrangements.


4. REFERENCES

4.1 City Plan 2013-17 (incorporating the Council Plan) · Sound Stewardship · Effective Governance

4.2 Relevant Legislation · Residential Tenancies Act 1997 · Retail Leases Act 2003 · Local Government Act 1989


of Human Rights.


4.5 Related Council Procedures · Procedural Document for Tenancy by Community Groups of Council

Facilities

5. DEFINITIONS In this Policy:

Community Group

Includes not for profit incorporated groups that provide community benefit throughout Knox.

Management Rights

Responsibility for overseeing day to day operations and activities of a facility as set out in the licence agreement.

Licence Agreement

Formal agreement between Council and a community group specifying the conditions of occupancy of a Council facility.

Incorporated Association

An association that is incorporated under the Association Incorporation Act 1981.

6. COUNCIL POLICY

All new or renewed tenancies of Council facilities by community groups who are to be granted management rights will be by way of a licence agreement. Council has a standard licence agreement that will be used for this purpose.

Staff can negotiate and enter into licence agreements in accordance with this policy except:

· Where the annual rent for the licence is greater than the minimum fee set for licence rent in the Fees & Charges schedule.

· Where the current market rental value of the land is $5,000 or more a year.

· Where the licence relates to the installation of a telecommunications facility.

· Where the term of the agreement is longer than 5 years.


Should any of these provisions apply, the licence agreement shall be referred to Council for consideration.

The following are the general terms of the licence agreement that shall be considered in negotiations of a tenancy.

6.1 Term

Standard agreements will be for a period of 5 years subject to satisfactory performance of the standards outlined in the licence agreement. Other periods may be considered depending on the specific circumstances and after preliminary discussion with Chief Executive Officer and then reported to Council.

6.2 Performance Standards

Performance standards will be developed and agreed at the commencement of each agreement. These standards will include but are not limited to:

· The tenant must be either an incorporated association, not for profit co-operative or not for profit limited liability company.

· Council will be recognised by the tenant for building major maintenance and insurance contributions made. Recognition will include, but not limited to, signage and reference to Council’s support in the community group’s Annual Report.

· Council will have access to the facility in the event of an emergency and to undertake any maintenance and preparation associated with Council’s emergency management planning obligations.

· Council will insure Council installed and authorised fixture and fittings. Tenant to insure contents and take out professional indemnity and public liability cover in accordance with the Council standards at the time. All insurance requirements must be met prior to the signing of the licence agreement.

· Tenant will be required to comply with all relevant policies, plans or strategies adopted by Council.

· Tenant will comply with all legislative provisions relating to operations of the group and facility.

· Issues associated with use of facility will be specified in the agreement. This includes hours of operation, noise, parking and traffic management.

6.3 Naming of Buildings

The tenant cannot name or rename Council buildings they are using without obtaining authority of Council.


6.4 Use of Premises

The permitted use of the premises will be identified and agreed in conjunction with the agreement and incorporated into the licence agreement.

6.5 Sub-Letting

The tenant will not sub-let the Council facility to any other organisation or person without the prior written consent by Council.

6.6 Reporting Requirements

Each tenant must provide to Council at the commencement of the tenancy a list of office bearers including President, Secretary, Treasurer and Public Officer and prior notification of their Annual General Meetings. At the conclusion of their Annual General Meeting organisations must provide a copy of their Annual Report and Financial Statements.

The tenant will be required to participate in a review of performance of the tenancy against agreed performance standards.

6.7 Specific Knox City Council Conditions

In some cases specific conditions may apply and these will be negotiated and incorporated into the agreement. 6.8 Building Maintenance and Development

· The standard building maintenance schedule which defines responsibilities of each party will be included as an annexure to the licence agreement.

· The tenant will comply with all Risk Management requirements in the operation of the facility.

· Utility service costs (from the meter) will be the responsibility of the tenant unless the agreement states otherwise.

· Approval is required from Council for any structural alterations to buildings or fittings.

· Facilities will be inspected by Council at the commencement of the agreement and the facility will be restored to a like condition at the completion of the agreement irrespective of whether the tenant is seeking to renegotiate a new agreement.

6.9 Termination Clause

Either party will have the capacity to cancel the agreement by giving three months notice. Further, Council may consider immediate termination of the agreement if there is non compliance with the conditions of the licence agreement or inappropriate activity being undertaken at the facility. Council’s decision in these matters will be final.

239 COUNCIL – CORPORATE DEVELOPMENT 25 March 2014 APPENDIX C – Proposed Revised Policy

KNOX POLICY

NAMING AND RENAMING OF SUBURBS

Policy Number:




Approval Date:


2

Review Date: 4 Years

1. PURPOSE The purpose of this policy is to establish a policy position for the process when a request has been received to name a suburb due to a boundary realignment or to rename a suburb.

2. CONTEXT Council from time to time receives requests from community organisations and individuals to rename or realign suburb boundaries. The naming or renaming due to a boundary realignment is covered in the Geographic Place Names Act 1998 (the Act) and the Guidelines for Geographic Names 2010. This policy outlines the criteria for the naming or renaming of areas within the City of Knox and to ensure that the Act and guidelines under the Act are complied with.

3. SCOPE This policy applies to the current suburbs within the City of Knox and as determined by Council from time to time.

4. REFERENCES

4.1 City Plan 2013-17 (incorporating the Council Plan) · Good Governance

4.2 Relevant Legislation · Geographic Place Names Act 1998 · Local Government Act 1989 · Guidelines for Geographic Names 2010


of Human Rights.

4.4 Related Council Policies · Naming of Council Owned Facilities Procedure/Consultative Policy


240 COUNCIL – CORPORATE DEVELOPMENT 25 March 2014 APPENDIX C – Proposed Revised Policy

5. DEFINITIONS

Affected Properties: These are properties situated within the area which will be directly impacted by either a proposed name, postcode or boundary change.

6. COUNCIL POLICY

6.1 Any request to realign an existing suburb boundary or to name or rename a suburb with the City of Knox will only be considered if the following criteria is met:

a) A request for a boundary realignment or renaming of a suburb must be

accompanied by endorsed correspondence representing a minimum of 20% of affected properties.

b) Any application should clearly articulate the reasons for the request to

realign the suburb boundary or rename a suburb.

6.2 When a request has been received for a proposal to undertake a boundary realignment or to rename a suburb staff will validate the name and address of those listed against Council’s records.

a) If the proposal meets the 20% criteria staff will write to Emergency

Services seeking their feedback and then report to Council. b) If the 20% criteria is not met staff will then advise the lead petitioner

accordingly.

6.3 In regards to naming or renaming the following processes will apply.

a) If a deceased person’s name is being proposed to be used as a suburb name the deceased person’s next of kin or appropriate relative/s will be consulted before a deceased person’s name is recommended for naming or renaming.

b) Naming or renaming should as far as possible, take into account and not be in conflict with any relevant policies, plans or strategies adopted or being considered by the Council.

c) In the event of a suburb being named or renamed after an indigenous Australian person or in an indigenous Australian language, prior consent from the local Wurundjeri Elders and other affected indigenous elders is required.

d) The Registrar of Geographic Names and the Geographic Place Names Act 1998 would be consulted where appropriate.

241 COUNCIL – CORPORATE DEVELOPMENT 25 March 2014 APPENDIX D – Track Changes to the Current Policy

KNOX POLICY

NAMING AND RENAMING OF SUBURBS

Policy Number:




Approval Date:


2

Review Date: 4 Years

1. PURPOSE

The purpose of this policy is to establish a policy position for the process when a request has been received to name a suburb due to a boundary realignment or to rename a suburb.

2. CONTEXT

Council from time to time receives requests from community organisations and individuals to rename or realign suburb boundaries. The naming or renaming due to a boundary realignment is covered in the Geographic Place Names Act 1998 (the Act) and the Guidelines for Geographic Names 2010. This policy outlines the criteria for the naming or renaming of areas within the City of Knox and to ensure that the Act and guidelines under the Act are complied with.

3. SCOPE

This policy applies to the current suburbs within the City of Knox and as determined by Council from time to time.

4. REFERENCES


4.2 Relevant Legislation · Geographic Place Names Act 1998 · Local Government Act 1989 · Guidelines for Geographic Names 2010


of Human Rights.

4.4 Related Council Policies · Naming of Council Owned Facilities Procedure/Consultative Policy


242 COUNCIL – CORPORATE DEVELOPMENT 25 March 2014 APPENDIX D – Track Changes to the Current Policy

5. DEFINITIONS

Affected Properties: These are properties situated within the area which will be directly impacted by either a proposed name, postcode or boundary change.

6. COUNCIL POLICY

6.1 Any request to realign an existing suburb boundary or to name or rename a suburb with the City of Knox will only be considered if the following criteria is met:

a) A request for a boundary realignment or renaming of a suburb must be

accompanied by endorsed correspondence representing a minimum of 20% of affected properties.

b) Any application should clearly articulate the reasons for the request to

realign the suburb boundary or rename a suburb.

6.2 When a request has been received for a proposal to undertake a boundary realignment or to rename a suburb staff will validate the name and address of those listed against Council’s records.

a) If the proposal meets the 20% criteria staff will write to Emergency

Services seeking their feedback and then report to Council. b) If the 20% criteria is not met staff will then advise the lead petitioner

accordingly. In regards to naming or renaming the following processes will apply.

a) If a deceased person’s name is being proposed to be used as a suburb name the deceased person’s next of kin or appropriate relative/s will be consulted before a deceased person’s name is recommended for naming or renaming.

b) Naming or renaming should as far as possible, take into account and not be in conflict with any relevant policies, plans or strategies adopted or being considered by the Council.

c) In the event of a suburb being named or renamed after an indigenous Australian person or in an indigenous Australian language, prior consent from the local Wurundjeri Elders and other affected indigenous elders is required.

d) The Registrar of Geographic Names and the Geographic Place Names Act 1998 would be consulted where appropriate.

243 COUNCIL – CORPORATE DEVELOPMENT 25 March 2014 APPENDIX E – Proposed Revised Policy

KNOX POLICY

NAMING AND RENAMING OF COUNCIL OWNED FACILITIES

Policy Number:




Approval Date:


5


1. PURPOSE

The purpose of this policy is to establish a policy for the naming and renaming of Council owned facilities.

2. CONTEXT

Council from time to time receives requests from community organisations and individuals to name and rename Council owned facilities. The naming of geographical places such as parks, streets and buildings is covered in the Geographic Place Names Act 1998 (the Act). This policy outlines the criteria for the naming of Council owned facilities to ensure that the Act and guidelines under the Act are complied with.

3. SCOPE

3.1 This policy applies to, but is not limited to, “facilities” as defined below:

· buildings or parts of buildings · outdoor areas, reserves and playing fields · other facilities recommended for naming by Council that are owned,

operated or managed by the Knox City Council

3.2 “Facilities” will not generally include:

· services themselves, or facilities from which services are provided directly by Council or on behalf of the Council

3.3 This policy does not apply to the naming of reserves or places which are

on Crown land and are therefore the responsibility of the Registrar of Geographic Names.

3.4 This policy does not include sponsorship arrangements that seek to

rename Council facilities.


3.5 This policy applies to the recognition of former Mayors and Presidents of Knox City Council.

3.6 This policy applies to the establishment of memorials on Council owned

facilities.

4. REFERENCES


4.2 Relevant Legislation · Geographic Place Names Act 1998 · Local Government Act 1989


of Human Rights.

4.4 Related Council Policies · Plaques Policy · Recognition of Former Mayors and Councillors Policy · Honorary Freeman of the City Policy

4.5 Related Council Procedures · Naming of Council Owned Facilities Procedure

5. DEFINITIONS

Nil.

6. COUNCIL POLICY The recommendation to name or rename a Council facility after a person will only be considered after the person is deceased.

6.1 The names of existing facilities would only be changed in exceptional

circumstances. Generally, a named facility will retain that name as long as it exists unless exceptional circumstances arise that warrant the name being changed.

6.2 It is intended that facilities would be named or renamed only in exceptional

circumstances and that such naming would:

· Recognise the long term contribution of a former Councillor, Mayor or President of the Knox City Council.

· Recognise a substantial contribution made to the community by an individual.


· Honour individuals who have been important members of the City or who have made a direct and/or substantial contribution or who have had a direct and/or substantial association with Knox City Council.

· Recognise individuals for their eminence and exceptional endeavour associated with the Knox community.

· Be linked to a geographic or historical feature of the area.

6.4 Where practicable, a deceased person’s next of kin or appropriate relative/s will be consulted before a deceased person’s name is recommended for naming or renaming.

6.5 Naming or renaming should as far as possible, take into account and not

be in conflict with any relevant policies, plans or strategies adopted or being considered by the Council.

6.6 In the event of a facility being named or renamed after an indigenous

Australian person or in an indigenous Australian language, prior consent from the local Wurundjeri Elders and other affected indigenous elders is required.

6.7 The Registrar of Geographic Names and the Geographic Place Names

Act 1998 would be consulted where appropriate.

6.8 Where Council wishes to establish a memorial in an open space environment, within a Council owned property, such memorial will consist of a rock embedded plaque

6.9 The level of Council contribution to the plaque referred to in clause 6.7 will

be $500.00.

246 COUNCIL – CORPORATE DEVELOPMENT 25 March 2014 APPENDIX F – Track Changes to the Current Policy

KNOX POLICY

NAMING AND RENAMING OF COUNCIL OWNED FACILITIES

Policy Number:


Approval by:



Approval Date:


5

Review Date:

4 years

1. PURPOSE

The purpose of this policy is to establish a policy for the naming and renaming of Council owned facilities.

2. CONTEXT

Council from time to time receives requests from community organisations and individuals to name and rename Council owned facilities. The naming of geographical places such as parks, streets and buildings is covered in the Geographic Place Names Act 1998 (the Act). This policy outlines the criteria for the naming of Council owned facilities to ensure that the Act and guidelines under the Act are complied with.

3. SCOPE

3.1 This policy applies to, but is not limited to, “facilities” as defined below:

· buildings or parts of buildings · outdoor areas, reserves and playing fields · other facilities recommended for naming by Council that are owned,

operated or managed by the Knox City Council

3.2 “Facilities” will not generally include:

· services themselves, or facilities from which services are provided directly by Council or on behalf of the Council

3.3 This policy does not apply to the naming of reserves or places which are on Crown land and are therefore the responsibility of the Registrar of Geographic Names.


3.4 This policy does not include sponsorship arrangements that seek to rename Council facilities.

3.5 This policy applies to the recognition of former Mayors and Presidents of Knox City Council.

3.6 This policy applies to the establishment of memorials on Council owned facilities.

4. REFERENCES


4.2 Relevant Legislation · Geographic Place Names Act 1998 · Local Government Act 1989


of Human Rights.

4.4 Related Council Policies · Plaques Policy · Recognition of Former Mayors and Councillors Policy · Honorary Freeman of the City Policy

4.5 Related Council Procedures · Naming of Council Owned Facilities Procedure

5. DEFINITIONS

Nil.

6. COUNCIL POLICY The recommendation to name or rename a Council facility after a person will only be considered after the person is deceased.

6.1 The names of existing facilities would only be changed in exceptional

circumstances. Generally, a named facility will retain that name as long as it exists unless exceptional circumstances arise that warrant the name being changed.

6.2 It is intended that facilities would be named or renamed only in exceptional

circumstances and that such naming would:

· Recognise the long term contribution of a former Councillor, Mayor or President of the Knox City Council.


· Recognise a substantial contribution made to the community by an individual.

· Honour individuals who have been important members of the City or who have made a direct and/or substantial contribution or who have had a direct and/or substantial association with Knox City Council.

· Recognise individuals for their eminence and exceptional endeavour associated with the Knox community.

· Be linked to a geographic or historical feature of the area.

6.3 Where practicable, a deceased person’s next of kin or appropriate relative/s will be consulted before a deceased person’s name is recommended for naming or renaming.

6.4 Naming or renaming should as far as possible, take into account and not

be in conflict with any relevant policies, plans or strategies adopted or being considered by the Council.

6.5 In the event of a facility being named or renamed after an indigenous

Australian person or in an indigenous Australian language, prior consent from the local Wurundjeri Elders and other affected indigenous elders is required.

6.6 The Registrar of Geographic Names and the Geographic Place Names

Act 1998 would be consulted where appropriate. 6.7 Where Council wishes to establish a memorial in an open space

environment, within a Council owned property, such memorial will consist of a rock embedded plaque

6.8 The level of Council contribution to the plaque referred to in clause 6.7 will

be $500.00.


ALL WARDS

9.5 PROPOSED FEES AND CHARGES 2014-15

SUMMARY: Management Accounting Coordinator (Tharshini Balachandiran)

The proposed Fees and Charges Schedule for 2014-15 is presented to Council for consideration.

That Council adopt the proposed 2014-15 Fees and Charges Schedule as outlined in Appendix A to this report, to be effective from 1 July 2014.

RECOMMENDATION

The adoption of the 2014-15 Fees and Charges Schedule prior to the consideration of the Draft 2014-15 Annual Budget is sought to enable certainty in the preparation of income estimates, and to allow sufficient time for the implementation of the proposed Fees and Charges structure applicable from 1 July 2014.

The proposed Fees and Charges Schedule for 2014-15 is presented to Council for adoption.

1. INTRODUCTION

The proposed Fees and Charges Schedule for 2014-15 is included as Appendix A to this report.

There are many fees and charges established by Council in undertaking its normal operations, some of which are discretionary while others are set by legislation or regulation. The Fees and Charges Schedule shows both the existing and proposed new fees and charges to operate in 2014-15.

2. DISCUSSION

The majority of increases are based on Council’s anticipated Cost Escalation Factor of 3.24% prior to rounding. This approach provides for the contributions from fees and charges for non statutory services to keep pace with the cost of providing these services. This parameter was endorsed in principle as part of the Councillor discussions on the Long Term Financial Forecast at the February 2014 Leadership Workshop.

The Fees and Charges Schedule is separated into two sections. Section 1 includes all fees and charges relating directly to Council’s operations and Section 2 includes fees and charges in relation to commercial and/or committee activities where Council still holds some element of responsibility, but the fees are established by others.

Statutory fees and charges set by the State Government have not been increased. These fees and charges are determined by the State Government and are increased in accordance with any formal advice received and are adjusted accordingly.

250 COUNCIL – CORPORATE DEVELOPMENT 25 March 2014 9.5 Proposed Fees and Charges 2014-15 (cont’d)

The Good and Services Tax (GST) status of all Fees and Charges are in accordance with the “New Tax System (Goods and Services Tax) Act 1999”.

Rounding of fees and charges has been applied for ease of use and cash handling.

There have been a number of changes to the proposed fees and charges for the 2014-15 financial year (refer Appendix A) that are under/over the increase of the Cost Escalation Factor of 3.24%. The changes that are exceptions to the increase of the Cost Escalation Factor are primarily a result of an annual review of fees and charges performed by Management to reflect current operations and the recovery of costs. Based on this review several new fees have been proposed to be established with several others being considered not applicable in 2014-15.

As part of Council’s 2014-15 Annual Budget submission process, an opportunity will be available for the community to comment on the proposed fees and charges prior to final adoption by Council in June 2014.

3. CONSULTATION

There are no direct environmental/amenity issues arising from this report.


The proposed Fees and Charges are based on the assumptions contained in Council’s Long Term Financial Forecast.


In consideration of the annual review of all discretionary fees and charges the financial and community impacts are considered by officers.


This report is consistent with Theme 5 of the City Plan: Democratic and Engaged Communities `Maintain accountable and transparent governance practices, and Council’s sound stewardship of the community’s finances and assets’.

7. RELEVANCE TO COUNCIL PLAN 2013-17 (INCORPORATING THE COUNCIL PLAN)

This annual review of fees and charges provides Council with the opportunity to ensure that appropriate levels of fees and charges are set to achieve fairness and equity for all users and to safeguard Council’s financial sustainability.

8. CONCLUSION

251 COUNCIL – CORPORATE DEVELOPMENT 25 March 2014 9.5 Proposed Fees and Charges 2014-15 (cont’d)


9. CONFIDENTIALITY

COUNCIL RESOLUTION MOVED: CR. LOCKWOOD SECONDED: CR. COSSARI

That Council adopt the proposed 2014-15 Fees and Charges Schedule as outlined in Appendix A to this report, to be effective from 1 July 2014.

The adoption of the 2014-15 Fees and Charges Schedule prior to the consideration of the Draft 2014-15 Annual Budget is sought to enable certainty in the preparation of income estimates, and to allow sufficient time for the implementation of the proposed Fees and Charges structure applicable from 1 July 2014. CARRIED


Proposed Fees and Charges (2014-15 Budget)

APPENDIX A (circulated separately)

253 COUNCIL – ITEMS FOR INFORMATION 25 March 2014

ALL WARDS

10.1 WORKS REPORT AS AT 11 MARCH 2014

SUMMARY: Coordinator – Capital Works (Gene Chiron)

The Works Report shows projects on Council’s Capital Works Program and indicates the status of each project as at 11 March 2014.

That the works report for March 2014 be received and noted.

RECOMMENDATION

This report summarises progress on Council’s Capital Works Program for the 2013/2014 financial year. The aim of this report is to provide a regular and succinct status summary of each project over the last month. The Capital Works Report, as of 11 March 2014, is attached as Appendix A.

1. INTRODUCTION

COUNCIL RESOLUTION MOVED: CR. SEYMOUR SECONDED: CR. ORPEN

That the works report for March 2014 be received and noted. CARRIED


APPENDIX A

001 Bridges Renewal Program $266,000

Guardrail upgrade works are about to commence at Manuka Street and Rankin Road.

004 High Risk Road Failures $250,000

Major patching works currently in progress in Bergins Road, Rowville. Program is 100% committed.

007 Road Surface Renewal Program $2,500,000

Original 76 street program has now been completed. Supplementary program has now commenced on works identified from reactive inspections. Program is 100% committed.

008 Drainage Pit and Pipe Renewal Program $2,846,000

Program running behind schedule due to the delay in awarding the new Drainage Contract (2007) and due to the wet start to the financial year. Works currently in progress or scheduled for March/April include: 1. Arcadia Avenue – Easement Drain Renewal 2. 1029 Burwood Highway – Drainage Improvements 3. 118 O’Connor Road – Drainage Improvements 4. Rodney Drive – Drainage Renewal 5. Roy Court – Easement Drain Renewal 6. Taranto Court - Easement Drain Renewal 7. 33 Boronia Road – Drainage Improvements

009 Footpath Renewal Program $2,900,000

The Footpath Renewal Program is progressing as forecast (74% complete).

010 Bicycle / Shared Path Renewal Program $576,000

Program progressing well with 40% completed and 80% expended/committed. Colchester Road and Rowville Vet paths are set to commence in mid March.


011 Information System Plan Implementation $785,000

Windows 7 upgrade project is underway and on schedule, to be completed by 30 June. Server and PC leasing program is on schedule. Disaster Recovery Plan update and Helpdesk update on track.

016 Building Renewal Program $3,319,517

Program is currently approximately 62% expended/committed including works at State Basketball Centre, Lewis Park Pavilion and Eastgate North. Works nearing completion or commencing over the month of March include Eastgate North refit, air-conditioning; Carrington Park Pavilion disabled toilet/female toilet refit; Gilbert Park toilet block internal/external painting; Scoresby Football Pavilion - public toilet refit; Millers Park Pavilion - external painting; Stud Park Pavilion - external painting; Tormore Pavilion - external painting; Wicks Reserve toilet block - internal/external painting.

017 Playground Renewal Program $921,210

Five local playgrounds and Wally Tew Regional Playground were tendered on 1 March.

022 Fire Hydrant Replacement Program $112,000

Payments to South East Water due April to June. 024 Carpark Renewal $552,560

Works have now been completed in Darryl Street with Scoresby Recreation Reserve and Studfield (Somerset Street) carparks currently in progress.

025 Plant & Machinery Replacement Program $2,323,000

Renewal Program underway, 50% of funds committed and 40% of funds expended.

026 Street Tree Replacement Program $733,000

Cairn Curren Close and Tali Karng Close consultation and tree works have been completed. The consultation process for the overall program is nearing completion. Tree removal works will begin in March and tree planting will commence in May- June.


031 Stamford Park Redevelopment $109,902

Tenders for the fire sprinkler system close on the 18 March. The geotechnical investigation to resolve building subsidence issues at the Homestead has been completed. Quotations for legal services consultants to assist Council with the Stamford Park residential land sale and project procurement process have been received and a recommendation to appoint will be made shortly.

043 Shade Sails for Family and Children's Services Facilities $9,500

Awaiting quotations for Park Crescent and Birchfield Crescent pre-schools to complete the program.

055 Corhanwarrabul Creek Trail (to Dandenong Creek) - Shared Path $30,000

Consultancy brief has been prepared. Quotations will be sought in mid March.

082 Drainage Upgrades - Ongoing Customer Response $125,903

Minor Package 1: Ling Drive - Incorporated into Tirhatuan Drive drainage upgrade works with design completed and tender evaluation process underway. Minor Works Package 2: (1) 1029-1057 Burwood Highway: Detailed design nearing

completion - awaiting service proving results from Knox Construction;

(2) Moore & Perra Streets completed; and (3) Gravenstein completed.

102 Major Reserves Conversion to Warm Season Grass $110,000

Work has started on conversion to warm season grass at Eildon Park Oval No.2 and Dobson Reserve.

147 Energy & Greenhouse Program for Council Facilities $70,000

Insulation works are scheduled for March with works occurring at Coorie Avenue Child Care Centre (Roof, Wall and Underfloor), Park Crescent Child Care Centre (Roof), Tyner Road Child Care Centre (Roof) and Rowville Child Care Centre (Roof). LED down lights and Solatube Skylights have also been installed.


229 Building Code Australia Compliance $50,000

Works commenced. Awaiting further quotations for Rowville Community Centre.

239 Knox State Emergency Services - Facility Modification $6,450

This project is now complete. The site has now been handed back to SES.

248 Boronia Park Landscaping Implementation Stage 3 $1,372,065

Contractor appointed and pre-construction meeting held with contractor and stakeholders. Awaiting submission of pre-construction documentation prior to providing possession of site. Expect works to commence by mid March and be completed by early August 2014. Community engagement process continuing as needed.

256 The Basin Triangle Landscape Implementation - Stage 3 $268,220

(1) Stage area: Re-pricing with contractors. (2) Pedestrian operated signals (POS) - VicRoads have approved

signal plans. Seeking quotes for POS installation and making recommendation for contractor appointment by mid-March with appointment expected late March.

257 Liberty Avenue Reserve Master Plan Implementation Stage 2 $43,600

Works complete and under maintenance. 289 CSR Quarry Reserve - Implementation Stage 4 $439,120

Documentation currently being finalised for tendering. 315 The Basin Progress Hall – Main Entrance (Stage 1 Design). $40,000

Concept plan due by end of March.

316 Stud Road, Rowville - Sunshine Street to Timbertop Drive - Footpath $10,000

Correspondence sent to developer's solicitor requesting finalisation of costings.

258 COUNCIL – ITEMS FOR INFORMATION 25 March 2014 343 Eildon Park Storm Water Harvesting - Stage 2 $28,148

Works complete. Surplus grant funds to be returned to the Federal Government.

345 Asbestos Removal $100,000

Quotations being sourced for asbestos removal at Eastgate 347 Miscellaneous Industrial Roads - Pavement Rehabilitation $250,000

Major patching works currently in progress in Bergins Road, Rowville. Program is 100% committed.

353 Avalon/Stamford/Stud Road Intersection Modification $116,000

Discussions have taken place with VicRoads. Consultant is to be engaged to assess the design concept.

355 Eastern Recreation Precinct - Indoor Sports Stadium $35,000

Works complete. 369 Carrington Park Reserve - Master Plan $70,000

Stakeholder consultation currently occurring. Public meeting held on 4 March.

376 Murrindal Playroom Extension (Stage - Two) $309,265

Works will be completed mid-March. 393 Tirhatuan Drive (No 18) Rowville - Drainage Upgrade $366,296

Formal approval received from Melbourne Water. Tenders have closed and tender evaluation underway.

409 Parks Furniture Renewal $75,000

Furniture installation commenced at the Netball Centre, Golding Reserve and Colchester Reserve.

259 COUNCIL – ITEMS FOR INFORMATION 25 March 2014 410 Parks Signage Renewal $70,000

Installation of 70 signs complete. 412 Water Sensitive Urban Design Renewal $150,000

Minor Renewals: Project 1: Location: Bayswater Park (Marie Wallace Reserve) -

Project completed. Project 2: Location: Dorset Square tree pit renewal - Project

completed. Project 3: Arboretum carpark raingarden renewal - Design

completed. Seeking quotes.

415 Wellington Road / EastLink - Shared Path $15,057

Works completed with path opened to public in August 2013. 418 Guy Turner Reserve (Stage 3) Masterplan Implementation $387,220

Tender report submitted to the CEO for approval. 439 Rowville Recreation Reserve No 1 - Renovation $70,000

Design work underway for the pump for Rowville Recreation Reserve second oval. Installation prior to this coming winter.

441 Tim Neville Arboretum Masterplan Implementation $372,515

Lighting project complete. Concept plan for seating/bbq area discussed with stakeholders and changes made. ASCO have been engaged to supply and install shelters and building permit applied for. Landscape quotations are being sought.

443 Reserves Paths Renewal $50,000

Deteriorated paths identified in Raphael Court, Arcadia Avenue and Templeton Reserve. Construction works programmed for March/April.

446 Orana Neighbourhood House - Design & Construction $100,000

Main works completed, awaiting approval for addition to scope of works.

260 COUNCIL – ITEMS FOR INFORMATION 25 March 2014 455 Parks Crescent, Cypress Avenue, Boronia - Drainage Upgrade $105,979

Catchment analysis and conceptual design completed for all 3 stages. Confirmation of concept is contingent on consultation with 3 key properties where pipe/easement alignment runs diagonally within property boundaries. This needs to be resolved prior to finalisation of detailed design.

459 Ferntree Gully Road (No. 1825) - Drainage Upgrade $824,194

Progressing with schematic design of Option 7.

479 Thomas Street, Ferntree Gully - Rehabilitation $30,000

Practical completion achieved.

484 Hampden Court, Rowville - Rehabilitation $60,000

Project complete.

485 Cairn Curren Close, Rowville - Rehabilitation $200,000

Contract works well underway. Tree removal completed prior to Christmas. Expect to complete kerb and channel works by mid-March 2014 and pavement works by mid-April 2014. Contractor slightly behind schedule with project update letter provided to residents 24 February 2014. Works integrated with Tali Carng Close.

486 Tali Karng Close, Rowville - Rehabilitation $200,000

Contract works well underway. Tree removal completed prior to Christmas. Expect to complete kerb and channel works by mid-March 2014 and pavement works by mid-April 2014. Contractor slightly behind schedule with project update letter provided to residents 24 February 2014. Works integrated with Cairn Curren Close.

487 Ranceby Close, Rowville - Rehabilitation $40,000

Project complete.

488 Camley Court, Rowville - Rehabilitation $64,000

Project complete.

261 COUNCIL – ITEMS FOR INFORMATION 25 March 2014 489 Wells Avenue, Boronia - Rehabilitation $300,000

Contract works well underway with kerb and channel works nearing completion.

490 DDA Footpath Modifications $100,000

Works underway. Projects include Clyde Street pram crossing realignment and school crossing upgrade works in Orson Street.

492 Compliance to Food Act - Various Buildings $25,000

Planned works are the following - Rowville Recreation Pavilion, Mossfield Gym and Carrington Park Pavilion. Expenditure expected for May.

494 Cathies Lane - Landfill Rehabilitation Works $200,000

Landfill Gas Remediation Action Plan adopted which outlines steps to manage landfill gas. Monitoring now on a quarterly basis. Leachate pump test and modelling completed to inform the design of the leachate extraction system. Consultant’s report on this work is being reviewed. Existing contract to be finalised. New contract let to Tonkin & Taylor P/L on 25 February for outstanding works relating to landfill gas and leachate management.

495 Fencing Replacement in Early Years Facilities - Scope and Implementation $24,000

Works nearing completion.

496 Blind Replacement in Early Years Facilities - Scope and Implementation $22,000

Works completed. 498 Knox Park Soccer Floodlight Upgrade $201,260

Light tower erected, control equipment commenced. Works are expected to be completed end of March.

502 Knox Gymnastic Centre Carpark - Flood Lighting Design $23,000

Project completed.


505 West Gully Preschool Playroom Development - Scope and Detailed Design $17,223

Design complete. 508 Bayswater Pre School - Building Construction $811,951

Main works completed, with remaining works to be carried out over school holidays.

509 Bayswater Pre School - Car Park Construction $200,000

Construction complete. 512 High Street Road Shared Path $58,000

Works complete. 516 Rumann and Benedikt Reserves - Open Space Upgrade $100,000

Construction documentation being finalised for pricing later this month.

517 Emerson Place Reserve - Open Space Upgrade $100,170

Works complete. 518 Heany Park - Open Space Upgrade $80,000

Negotiation with preferred contractor underway. Expect construction start following successful conclusion to negotiations.

519 Chandler Park - Open Space Upgrade Design $92,000

New path detail design being finalised for pricing. 520 Mountain Gate Major Activity Centre - Consultation and Design $154,809

Landscape architect has been appointed to undertake the design development and contract documentation for Stages 1 & 2 of the concept streetscape masterplan. Work has started and progressing well. Meeting held with project team and consultants to view first draft.

263 COUNCIL – ITEMS FOR INFORMATION 25 March 2014 521 Alchester Village - Place Management $7,773

The Alchester Village project was completed at the end of September with a report to Council in December.

522 John Street (No.7), Upper Ferntree Gully - Drainage Upgrade $33,150

Works complete. 523 Summit Court (No.5), Boronia - Drainage Upgrade $35,915

Project abandoned due to high cost and extent of tree removal required.

524 Stud Road (No.83), Bayswater - Drainage Design $18,437

Design complete. 525 Cardiff / Herbert Streets Catchment Improvements $25,000

CCTV survey completed and reviewed and concept design finalised.

529 Dobson Reserve - Stormwater Harvesting $575,000

Project currently being surveyed and designed by Council staff for construction in 2014/15.

532 Sheffield Road, The Basin - Water Sensitive Urban Design $14,911

Project construction complete. Interpretive signage for assets to be installed as per grant funded contract requirements.

534 Oval Renovation Design $30,000

Engineering surveys for HV Jones, Lakesfield and Liberty Reserves are completed.

535 Renewal of Tennis Courts $326,000

Several projects in Active Sports renewals including, Scoresby Tennis Club improvements, Cricket net upgrade at Lewis Park are complete. Netball court upgrades are out for quotation to be implemented prior to start of season. Scoresby tennis court works are to include landscaping which is out for quotation next week.

264 COUNCIL – ITEMS FOR INFORMATION 25 March 2014 536 Parkland Asset Renewal $163,000

Approximately 5,000 plant tubes to be used to infill garden areas along shared path between Wattletree Road and Underwood Road. Works organised for Blind Creek, Underwood Road and High Street Road. Contractors appointed for works in Golding Reserve and Timothy Drive. All works to be undertaken in the coming Autumn.

537 Bush Boulevard $25,000

Areas to be infilled with plants of local provenance. Works to take place between Kelletts Road and Tirhatuan Drive. Contractor appointed and will commence in Autumn 2014.

539 Cricket Run-up Renewal $56,000

Cricket run up works at Kings Park are in progress. 541 Civic Centre Structural Works $968,752

Construction works are completed. 543 Llewellyn Park - Landfill Rehabilitation Works $200,000

Landfill Gas Remediation Action Plan adopted. Monitoring now on a quarterly basis. Leachate pump test still to be undertaken. New contract awarded to Tonkin & Taylor P/L on 25 February which include leachate and landfill gas pump tests for Llewellyn Park.

545 Lewis Park Pavilion Upgrade $150,000

Project completed. 547 War Memorial Upgrade $190,000

Design development documentation is currently being finalised for internal and external consultation, coordination and pricing.

548 Hindmarsh Street, Rowville - Rehabilitation $300,000

Contractor appointed - works have commenced on 17 February 2014 with kerb and channel and footpath removal well underway.

265 COUNCIL – ITEMS FOR INFORMATION 25 March 2014 550 Golden Grove, The Basin - Rehabilitation Design $30,000

Consulting services and detailed design nearing completion - have included turning bay option and biodiversity considerations. Have consulted with Melbourne Water and will seek approval as a final step.

551 Blackwood Park Road, Rowville - Rehabilitation Design $5,000

About to commence survey with detailed design to commence in April 2014.

552 Windermere Drive, Ferntree Gully - Rehabilitation Design $15,000

Survey completed with detailed design to commence in March 2014.

553 St Davids Drive, Wantirna - Rehabilitation Design $5,000

Design nearing completion. 554 Inchcape Avenue(South), Wantirna - Rehabilitation Design $5,000

Detailed design completed and integrated with Selkirk Avenue design plans. Contract process underway.

555 Inchcape Avenue (North), Wantirna - Rehabilitation Design $25,000

Survey completed with design to commence in March 2014. 556 Dudley Avenue, Wantirna - Rehabilitation Design $15,000

Design to commence in March 2014. 557 Botany Court, Wantirna - Rehabilitation Design $10,000

Design due to commence in April 2014. 558 Hoad Court, Wantirna - Rehabilitation Design $3,000

Design to commence in March 2014.

266 COUNCIL – ITEMS FOR INFORMATION 25 March 2014 559 Hadlow Drive, Wantirna - Rehabilitation Design $20,000

Design to commence in March 2014. 560 Roxburgh Road, Wantirna - Rehabilitation Design $20,000

Design to commence in March 2014. 561 Benmore Place, Wantirna - Rehabilitation Design $3,000

Design to commence in March 2014. 562 Elsie Road, Boronia - Pavement Investigation $2,000

Pavement investigation report completed. 563 Underwood Road, Boronia - Pavement Investigation $5,000

Pavement investigation report completed. 564 Knox Park Reserve Renovation $900,000

Contract works now well underway with earthworks completed and irrigation underway. Flood-lighting work essentially completed. Discussion held with internal stakeholders and contractor on assessing appropriate grassing program.

565 Retaining Wall Renewals $65,000

Priority list concluded. HV Jones and Wally Tew Reserve retaining wall quotations to be sought for implementation March to June.

566 Artwork Renewal $10,000

35 works have been identified as needing repair, 18 of which are progressively being renovated under the current funding.

568 Early Years Facility Office/Storage Upgrade $121,000

Works are well underway with 2 major locations finished. New works to commence during school holidays at 5 locations.

267 COUNCIL – ITEMS FOR INFORMATION 25 March 2014 569 Stamford Park Homestead - Sprinkler System $135,000

Tenders for the fire sprinkler system to the Homestead will be received on 18 March.

570 Fairpark Reserve Floodlighting Upgrade $300,000

Light towers erected. Control equipment installed. Awaiting SP Ausnet power upgrade, expected mid-April.

571 Picketts Reserve Floodlighting (Design) $10,000

Project completed. 572 Tennis Plan Implementation Program $100,000

Works for Scoresby Tennis Club court improvements nearing completion, which include the following: (1) Tennis court widening to correct standards for courts 6, 7 & 8 -

nearing completion; (2) Fencing upgrade - completed; and (3) Lighting upgrade - completed.

573 Wally Tew Reserve Floodlighting (Design) $10,000

Project completed. 574 Placemakers Shed - Storage Extension $20,000

Scoping completed. Works about to commence. 575 Knox LeisureWorks – Disabled change-room $150,000

Contract let. Works to commence late March (at request of YMCA). 576 Early Years Facility Emergency Warning System $5,000

Trial stage completed. Components to be installed at Blue Hills during March.

577 Alchester Village Preschool - Undercover Extension $55,000

All works to be completed by the end of March.

268 COUNCIL – ITEMS FOR INFORMATION 25 March 2014 578 Forest Road bus stop access $20,000

Design still with VicRoads for approval.

579 Springfield Road bus stop connection No.1 $17,000

Project completed.

580 Springfield Road bus stop connection No.2 $16,000

Project completed.

581 Napoleon Road bus stop connection No.1 $24,000

Works programmed for March. Redesign required to align with the ultimate layout of dedicated right turn lanes.

582 Napoleon Road bus stop connection No.2 $9,000

Project completed.

583 Cathies Lane bus stop connection $12,000

Footpath construction completed.

584 Tormore Reserve - Masterplan Development $30,000

Consultants engaged and masterplan design is underway.

585 Llewellyn Reserve - Masterplan Development $40,000

Consultants about to commence work on project following project plan approval given by EMT.

587 Upper Ferntree Gully Neighbourhood Activity Centre $50,000

Detailed project scoping is almost complete, with consultant brief preparation expected to be complete by end of March.

588 GIS Upgrade $250,000

Project implementation commenced. Full implementation, rollout and training is scheduled to be completed by 30 June.

269 COUNCIL – ITEMS FOR INFORMATION 25 March 2014 589 Knox Early Years (KEYs) Online $375,000

Project implementation commenced. Phase 1 of the project is expected to be delivered by 1 April.

590 Studfield Carpark - Rehabilitation $90,440

Contractor appointed and works about to commence. 591 Scoresby Recreation Reserve Carpark $77,000

Construction works have now commenced on the carpark renewal. 593 Marie Wallace Park - Masterplan Development $35,000

Playce Consultants preparing for external consultation sessions to be undertaken mid to late March.

594 Selkirk Avenue, Wantirna - Rehabilitation $173,000

Detailed design completed and integrated with Inchcape Avenue south design plans. Contract process underway.

595 Walker Reserve Boundary Netting $40,000

Works completed. 596 Ferntree Gully Entrance Sign $22,680

Work underway to replicate the original 'Welcome to Ferntree Gully and the Blue Dandenongs' sign. Awaiting completion of engineering design of footings, poles and framing.

597 Schultz Reserve - Disabled Toilet $45,000

Scoping completed. Design underway. 598 Knox Regional Netball Centre - Solar Panels $61,000

Energy saving initiatives – Solar panels with battery backup at the Knox Regional Netball Centre. Consultation with stakeholders completed. Scoping underway.

270 COUNCIL – ITEMS FOR INFORMATION 25 March 2014 599 Knox Shared Path Network - Emergency Marker System $21,000

Discussions have taken place with ESTA (Emergency Services Telecommunications Authority) Coordinator. Plans are being finalised. ESTA will undertake data collection, eg location coordinates and determine most appropriate route for an emergency vehicle to access the site. Markers can be installed after ESTA has input the data in its database.

TOTAL

$34,450,512


ALL WARDS

10.2 ASSEMBLIES OF COUNCILLORS

SUMMARY: Manager – Governance (Rhys Thomas)

This report provides details of Assembly of Councillors established under section 80A of the Local Government Act as required under section 80A(2) of the Act.

That Council

RECOMMENDATION

1. Note the written record of Assemblies of Councillors as attached to this report.

2. Incorporate the records of the Assemblies into the minutes of the meeting.

Under section 80A(2) of the Local Government Act, the Chief Executive Officer must present a written record of an Assembly of Councillors to an ordinary meeting of Council as soon as practicable after an Assembly occurs. This written record is required to be incorporated into the minutes of the meeting.

1. INTRODUCTION

Details of Assemblies of Councillors that have occurred between Monday 10 February 2014 and Sunday 9 March 2014 are attached to this report.

COUNCIL RESOLUTION MOVED: CR. ORPEN SECONDED: CR. COSSARI

That Council

1. Note the written record of Assemblies of Councillors as attached to this report.

2. Incorporate the records of the Assemblies into the minutes of the meeting.

3. Amend the Record of Assembly of Councillors for the dinner prior to the 11 February 2014 Strategic Planning Committee Meeting to include Cr Karin Orpen as present.

CARRIED

272

RREECCOORRDD OOFF AASSSSEEMMBBLLYY OOFF CCOOUUNNCCIILLLLOORRSS (Section 80A Local Government Act)

Date of Assembly: 11/2/2014

Name of Committee or Group (if applicable):

Knox Transfer Station Management Advisory Committee Time Meeting Commenced:

4:30pm

Councillors in Attendance: Cr David Cooper

Council Staff in Attendance: Geoff McMeeken Matters Considered:

1. Fire at Transfer Station 2. E-waste Collection 3. Minutes of Transfer Station Contract Meetings 4. Inspection of Site 5. Recovery of Items brought on to the Site 6. Screening through Tree Planting Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest

Councillor Left Assembly While Matter Being Considered

273




Dinner prior to Strategic Planning Committee Meeting Time Meeting Commenced:

6:50pm

Councillors in Attendance: Mayor - Cr Darren Pearce Cr David Cooper Cr Peter Lockwood Cr Nicole Seymour Cr John Mortimore Cr Karin Orpen Cr Joe Cossari Cr Tony Holland

Council Staff in Attendance: Graeme Emonson Kath Oakley Ian Bell Rhys Thomas Mark Dupe Angelo Kourambas Kerry Stubbings Matters Considered:

13 Cullis Parade, Bayswater Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


274




Special Issues Briefing Time Meeting Commenced:

7:20pm

Councillors in Attendance: Mayor - Cr Darren Pearce Cr Karin Orpen Cr Peter Lockwood Cr Tony Holland Cr John Mortimore Cr David Cooper Cr Joe Cossari Cr Nicole Seymour Cr Adam Gill

Council Staff in Attendance: Graeme Emonson Rhys Thomas Ian Bell Jon Gorst (Item 3) Mark Dupe Angelo Kourambas Kerry Stubbings Matters Considered:

1. Declarations of Conflict of Interest 2. Application to End Two Section 173 Agreements for Lots within Stage 4 of the Harcrest Estate at 525

Stud Road, Wantirna South 3. Quarterly Financial Update – December 2013 Quarter 4. The Barn Live Lease (6/24 Longstaff Road, Bayswater) 5. Waterford Valley Golf Lease Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


275




Knox Arts & Cultural Development Advisory Committee Time Meeting Commenced:

6:30pm

Councillors in Attendance: Cr Peter Lockwood Cr David Cooper

Council Staff in Attendance: David Blair Sara Austin Jo Herbig Jeremy Angerson Matters Considered:

1. Arts Grants Update 2. Role of Knox Arts & Cultural Development Advisory Committee 3. Public Art Policy – What this means for Knox 4. Update on Carols by Candlelight 2013 5. Cultural Services Program 2014 Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


276




Early Years Advisory Committee Time Meeting Commenced:

6:30pm

Councillors in Attendance: Cr Adam Gill Cr Nicole Seymour

Council Staff in Attendance: Angela Morcos Angela Hunt Matters Considered:

Discussed general matters from the community related to the Early Years in Knox City Council. Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


277




Leadership Workshop Time Meeting Commenced:

9:00am


Council Staff in Attendance: Graeme Emonson Kerryn Ellis Ian Bell Jason Matthews Mark Dupe Jon Gorst (Item 4) Angelo Kourambas Kerry Stubbings Matters Considered:

1. Setting the Scene 2. Scanning the Horizons 3. Council Plan and Annual Plan Priorities for 2014-15 4. Long Term Financial Forecast & Rating Strategy Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


278




Leadership Workshop Time Meeting Commenced:

9:00am


Council Staff in Attendance: Graeme Emonson Kerryn Ellis Ian Bell Jason Matthews Mark Dupe Matt Hanrahan (Items 1 & 2) Angelo Kourambas Kerry Stubbings Matters Considered:

1. Draft 4 Year Capital Works Program 2014-2018 2. Draft Annual Capital Works Program 2014-2015 Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


279




Knox Disability Advisory Committee Time Meeting Commenced:

3:30pm

Councillors in Attendance: Cr John Mortimore

Council Staff in Attendance: Peter Johnston Nicole Hunter Matters Considered:

Discussion regarding Submission for the Knox Housing Strategy Consultation Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


280




Knox Multicultural Advisory Committee Time Meeting Commenced:

6:30pm

Councillors in Attendance: Cr Joe Cossari

Council Staff in Attendance: Jaya Manchikanti Nicole Hunter Nicole Vickridge Matters Considered:

1. Multicultural Directory 2. Anti-racism Strategy 3. Reports from Knox Multicultural Advisory Committee members 4. Knox City Council Multicultural Strategic Plan 2012-2017 (activities during the last two months) Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


281




CEO’s Performance Evaluation Committee Time Meeting Commenced:

5:30pm

Councillors in Attendance: Mayor – Cr Darren Pearce Cr Joe Cossari Cr Karin Orpen

Council Staff in Attendance: Graeme Emonson Matters Considered:

1. Declaration of Conflict of Interest (nil) 2. Minutes of Previous Meeting of 30 October 2013 3. Status Report of Key Result Areas for 2013-14 (December 2013 quarter) Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


282




Planning Consultation Committee Time Meeting Commenced:

6:00pm

Councillors in Attendance: Cr Peter Lockwood Cr Darren Pearce and Cr Karin Orpen attended in Cr Nicole Seymour the gallery for a short period

Council Staff in Attendance: Peter Steele Cherie Wanat Ros Lemin Matters Considered:

15 Stamford Crescent, Rowville – P/2013/6624 – 7 dwellings Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


283





7:00pm

Councillors in Attendance: Cr Peter Lockwood Cr John Mortimore attended in the gallery for a Cr Nicole Seymour short period

Council Staff in Attendance: Peter Steele Renee Haddock Ros Lemin Matters Considered:

Development of the land for six (6) double storey dwellings at 34 Bambury Street, Boronia – P/2013/6689 Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


284





7:00pm

Councillors in Attendance: Cr Peter Lockwood Cr John Mortimore attended in the gallery for a Cr Nicole Seymour short period

Council Staff in Attendance: Peter Steele Renee Haddock Ros Lemin Matters Considered:

Development of the land for five (5) double storey dwellings at 34 Bambury Street, Boronia – P/2013/6592 Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


285




Environment Advisory Committee Time Meeting Commenced:

6:30pm

Councillors in Attendance: Cr John Mortimore

Council Staff in Attendance: Ellen Mitchell Trish Winterling Angelo Kourambas Matters Considered:

1. Knox Draft Housing Strategy 2. Amendment VC105 – Revised Native Vegetation Provisions 3. Sustainable Futures Project Updates 4. Councillor Update on Leadership Weekend 5. Environment Advisory Committee Member Recruitment Update 6. Outcomes from MAV Environment Committee and EAGA Executive Committee Meetings 7. Stamford Park Greenstar Communities Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


286




Recreation & Leisure Liaison Group Time Meeting Commenced:

6:30pm

Councillors in Attendance: Cr Adam Gill Cr David Cooper

Council Staff in Attendance: Robert Morton Marco D’Amico Daniel Clark Tom Scanlan Jeremy Angerson Matters Considered:

1. Vic Health ‘Temp Up’ Phone App 2. How Can Clubs and Associations Become Involved in Council Events? 3. Club Recognition Program 4. Capital Works and SRV Projects 5. Recreation Minor Capital Works 6. Policy Updates 7. Carrington Park Future Directions Plan 8. Leisure Plan Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


287




Economic Development Committee Time Meeting Commenced:

4:30pm

Councillors in Attendance: Mayor – Cr Darren Pearce

Council Staff in Attendance: Angelo Kourambas Kim Rawlings Peter Chaffey Ingo Kumic Helen Ruddell Kate Harris Matters Considered:

1. Strategic Direction on Knox Economic Development - Knox Economic Development Strategy Mid Year Review Update 2. 2013/14 Snapshot so far – Activities of Economic Development 3. Bayswater Employment Precinct Project 4. Melbourne East RDA Project Proposal – Regional Investment Attraction Strategy 5. Update on Place Program Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


288




Dinner prior to Council Meeting Time Meeting Commenced:

6:40pm

Councillors in Attendance: Mayor - Cr Darren Pearce Cr Karin Orpen Cr Peter Lockwood Cr Tony Holland Cr John Mortimore Cr David Cooper Cr Joe Cossari Cr Nicole Seymour Cr Adam Gill (Item 2)

Council Staff in Attendance: Graeme Emonson Rhys Thomas Ian Bell Kath Oakley Mark Dupe Angelo Kourambas Kerry Stubbings Matters Considered:

1. Sporting Reserve Facility Usage Policy 2. Resident Communication Strategy Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


289




CEO Briefing Time Meeting Commenced:

6:43pm

Councillors in Attendance: Mayor - Cr Darren Pearce Cr Tony Holland Cr John Mortimore Cr David Cooper Cr Joe Cossari Cr Karin Orpen

Council Staff in Attendance: Graeme Emonson Rhys Thomas Ian Bell Angela Mitchell Mark Dupe Angelo Kourambas Kerry Stubbings Matters Considered:

Waterford Valley Land Exchange Agreement Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


290




Joint meeting of the Public Transport Consultative Committee and Active Transport Advisory Committee Time Meeting Commenced:

6:30pm

Councillors in Attendance: Cr Peter Lockwood Cr John Mortimore

Council Staff in Attendance: Matthew Hanrahan Ron Crawford Melissa Sparrow Winchelle Chuson Martin Maloney Nicole Vickridge Matters Considered:

1. Knox Housing Strategy 2. Committees Review Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


291




Knox Community Sports Centre Management Committee Time Meeting Commenced:

5:00pm

Councillors in Attendance: Cr David Cooper

Council Staff in Attendance: David Blair Marco D’Amico Matters Considered:

1. Installation of Bench and Sink in Pavilion 2. Installation of Replacement Hockey Club Sign 3. Consideration of Possible Extension of Facilities Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


292




Issues Briefing Time Meeting Commenced:

6:35pm

Councillors in Attendance: Mayor – Cr Darren Pearce Cr Karin Orpen Cr Peter Lockwood Cr Tony Holland (from 7:04pm) Cr John Mortimore Cr David Cooper Cr Joe Cossari Cr Adam Gill (from 7:40pm)

Council Staff in Attendance: Graeme Emonson Jon Gorst (Items 1, 2, 5 & 6) Ian Bell David Blair (Item 3) Mark Dupe Marco D’Amico (Item 3) Angelo Kourambas Matt Hanrahan (Item 4) Kerry Stubbings Claire Wolinski (Item 4) Matters Considered:

1. Declarations of Conflict of Interest 2. Proposed 2014-15 Fees and Charges 3. Knox Tennis Club Fees and Charges and Tenancy Agreements 4. Contract No. 2000 – Waste Collection Services – Non-Bin Based Hard and Green Waste Services 5. Rates and Charges Hardship Policy 6. Rating of Opportunity Shops Policy 7. Forward Report Schedule 8. Call Up Items 9. Commencement of Issues Briefing Meetings Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


293




Knox Housing Advisory Committee Time Meeting Commenced:

1:00pm

Councillors in Attendance: Cr John Mortimore Cr Nicole Seymour

Council Staff in Attendance: Angelo Kourambas Kim Rawlings Nicole Vickridge Sarah Lane Sharon Barker Matters Considered:

1. Housing Policy Review Project · Update on Community Engagement to date · Summary of Submissions received to date · Transitional Arrangements – Issues Briefing 11 March · Update on Housing Monitoring Program

2. Eastern Affordable Housing Alliance Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


294




Knox Affordable Housing Reference Group Time Meeting Commenced:

6:30pm

Councillors in Attendance: Cr Peter Lockwood

Council Staff in Attendance: Sharon Barker Claire Anderson Matters Considered:

1. Draft Housing Strategy 2. Knox Affordable Housing Action Plan 3. Eastern Affordable Housing Alliance 4. Report from the Housing Advisory Committee Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


295 COUNCIL 25 March 2014

11. MOTIONS FOR WHICH NOTICE HAS PREVIOUSLY BEEN GIVEN

Nil.

12. SUPPLEMENTARY ITEMS

Nil.

13. URGENT BUSINESS

13.1 URGENT BUSINESS

Nil.

13.2 CALL UP ITEMS

13.2.1 PROPOSAL FOR NAMING OF COUNCIL RESERVE, OLIVEBANK ROAD, FERNTREE GULLY MOVED: CR. ORPEN SECONDED: CR. MORTIMORE That a report be prepared for the May 2014 Ordinary Meeting of Council that considers naming the Council reserve in Olivebank Road, Ferntree Gully the “Oliver David Reserve” in recognition of Mr Oliver David, the original owner of this reserve, who gifted to the people of Knox, the abutting properties 1-3 Olivebank Road, Ferntree Gully including the historical Ambleside Homestead. CARRIED

14. QUESTIONS WITHOUT NOTICE

Nil.

MEETING CLOSED AT 8.55PM

Minutes of Meeting confirmed at the Ordinary Meeting of Council

held on Tuesday 22 April 2014

………………………………… Chairperson

councillor cossari vacated the chamber at 8.02pm … · council 25 march 2014 councillor cossari...

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