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HOBSONS BAY CITY COUNCIL Ordinary Council Meeting Agenda 8 March 2016 Ordinary Council Meeting Agenda Tuesday 8 March 2016 Commencing at 7pm

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Page 1: Ordinary Council Meeting · 2019-07-10 · Ordinary Council Meeting Agenda 8 March 2016 Ordinary Council Meeting Agenda Tuesday 8 March 2016 Commencing at 7pm . HOBSONS BAY CITY COUNCIL

HOBSONS BAY CITY COUNCIL

Ordinary Council Meeting Agenda 8 March 2016

Ordinary Council Meeting Agenda

Tuesday 8 March 2016 Commencing at 7pm

Page 2: Ordinary Council Meeting · 2019-07-10 · Ordinary Council Meeting Agenda 8 March 2016 Ordinary Council Meeting Agenda Tuesday 8 March 2016 Commencing at 7pm . HOBSONS BAY CITY COUNCIL

HOBSONS BAY CITY COUNCIL

Ordinary Council Meeting Agenda 8 March 2016

THE COUNCIL’S MISSION

Working with our community to plan, deliver and advocate for the services and infrastructure that will achieve a healthy, connected and sustainable future in Hobsons Bay.

OUR VALUES

Honesty

Trust

Integrity

Collaboration

Respect

Accountability

Council acknowledges the people of Yalukit Willam of the Boon Wurrung Country that makes up the Greater Kulin Nation as the traditional owner of these municipal lands.

Chairperson:

Cr Peter Hemphill (Mayor) Strand Ward

Councillors:

Cr Sandra Wilson Cherry Lake Ward

Cr Angela Altair Strand Ward

Cr Paul Morgan Strand Ward

Cr Jason Price Cherry Lake Ward

Cr Colleen Gates Wetlands Ward

Cr Carl Marsich Wetlands Ward

Chris Eddy Chief Executive Officer Hobsons Bay City Council

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HOBSONS BAY CITY COUNCIL

Ordinary Council Meeting Agenda 8 March 2016

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CONTENTS

Agenda ................................................................................................................................. 2

1 Council Welcome .......................................................................................................... 2

2 Apologies ...................................................................................................................... 2

3 Disclosure of Interests ................................................................................................. 2

4 Minutes Confirmation ................................................................................................... 2

4.1 Ordinary Council Meeting ................................................................................. 2

5 Councillors’ Questions ................................................................................................. 2

6 Public Question Time ................................................................................................... 2

7 Petitions/Joint Letters .................................................................................................. 2

8 Business ........................................................................................................................ 3

8.1 Community Wellbeing ....................................................................................... 3

8.1.1 Williamstown Library Cafe Proposed Liquor Licence ........................................... 3

8.2 Corporate Services ............................................................................................ 6

8.2.1 Election Period Policy .......................................................................................... 6

8.2.2 Microsoft Enterprise Agreement .......................................................................... 9

8.2.3 Audit Committee Update – February 2016 ......................................................... 12

8.3 Infrastructure and City Services ..................................................................... 14

8.3.1 JT Gray Reserve, Williamstown North – Capital Works Consideration ............... 14

8.4 Strategic Development .................................................................................... 20

8.4.1 Advocacy Strategy 2014-18 Progress Report .................................................... 20

8.4.2 Environmental Upgrade Agreements (EUA)....................................................... 23

8.4.3 Major Hazard Facilities Advisory Committee Submission .................................. 29

8.4.4 Mid Year Council Plan and Local Government Performance Reporting Framework (LGPRF) Indicators Progress Report............................................... 32

9 Supplementary Public Question Time ....................................................................... 35

10 Urgent and Other Business ........................................................................................ 35

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Agenda

1 Council Welcome

The Chairperson will welcome members of the gallery and acknowledge the people of the Kulin Nation as the traditional owners of this land.

2 Apologies

3 Disclosure of Interests

In accordance with Sections 77A, 77B, 78 and 79 of the Local Government Act 1989

Councillors are required to disclose a "conflict of interest" in a decision if they would receive, or could be reasonably perceived as receiving a direct or indirect financial or non-financial benefit or detriment (other than as a voter, resident or ratepayer) from the decision.

In accordance with Section 79B of the Local Government Act 1989 Councillors who consider

that they have a personal interest that is in conflict with their public duty in relation to a matter may, if they do not have a conflict of interest as described above, apply to Council to be exempted from voting on the matter.

Disclosure must occur immediately before the matter is considered or discussed.

4 Minutes Confirmation

4.1 Ordinary Council Meeting

Confirmation of the minutes of the Ordinary Council meeting of the Hobsons Bay City Council held on 23 February 2016 (copy previously circulated).

5 Councillors’ Questions

6 Public Question Time

Public question time provides an opportunity for the public to ask questions related to items on the agenda of the Council meeting or any other matter within Council’s responsibility. Questions must be put in writing and received by 4pm on the day of the Council meeting.

7 Petitions/Joint Letters

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8 Business

8.1 Community Wellbeing

8.1.1 Williamstown Library Cafe Proposed Liquor Licence

Directorate: Community Wellbeing

Purpose

To approve a limited liquor licence for the Williamstown Library Cafe.

Recommendation

That Council approve the inclusion of a limited cafe or restaurant liquor licence in the lease offer for the Williamtown Library Cafe.

Summary

The Williamtown Library cafe has been vacant since November 2015. A cafe operator has offered an expression of interest to operate the cafe under a commercial arrangement. They seek to offer alcohol under a limited licence which would add to the viability and general appeal of the cafe offer.

Background

The cafe at Williamstown Library opened in November 2013, under the umbrella of Yooralla’s UCan Cafe initiative, which supported a model of employment providing opportunities for people living with disabilities to be trained and enter the workforce. Changes in priorities at Yooralla meant that cafe operations were no longer considered core business. Altona North Library Cafe closed in July 2014 and Williamstown Library Cafe ceased operations in November 2015.

Council is currently seeking to commercially lease the Williamstown Library Cafe site. The realtors involved with the Williamstown Library Cafe commercial lease, have had an expression of interest from a service operator who wishes to enter into a business arrangement with Council, if a limited liquor licence is granted to augment and extend the appeal of the cafe offer. Council is currently losing valuable income from the Williamstown cafe site, and the facility is currently not being utilised as intended.

Discussion

Council is trying to attract business into Hobsons Bay and to provide opportunities for economic development that both support entrepreneurial activity as well as the provision of amenity for residents and visitors to Hobsons Bay. Granting of a limited liquor licence would add amenity to the Williamstown Library and Town Hall precinct. It would offer opportunities for people to extend their stay at the facilities before and/or after Library and Town Hall events and also add to the convivial environment of the cafe offer, particularly in pleasant weather. It will increase the number of people in the Williamstown Library surrounds, increasing the sense of activity and ‘buzz’ around the Library.

A cafe licence is a limited licence which only allows alcohol to be served when food is also served. It precludes overtly late night operations and only “Restaurants and cafes whose predominant activity, at all times, is the preparation and serving of meals for consumption on

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the premises” can apply for such a licence to the Victorian Commission for Gaming and Liquor Regulation (VCGLR). The Commission limits hours of ordinary trading for cafe and restaurant licensed premises to:

7am to 11pm, Monday to Saturday (excluding ANZAC Day and Good Friday)

10am to 11pm on Sunday

12 noon to 11pm, ANZAC Day and Good Friday*.

The lease to be offered will control the hours of serving alcohol much more tightly than that available under the VGRL limits. The lease offering will stipulate opening hours commensurate with the surrounding offer including the shopping and neighbourhood amenity, as well in consideration of the adjacent residential precinct. Council officers recommend that lunch time and evening windows be nominated serving alcohol:

12pm to 3pm at lunch time

5pm to 10pm in the evening up to seven days per week.

Strategic Alignment

This report specifically addresses the following goals and objectives in the Community Health and Wellbeing Plan and Council Plan 2013-17:

Goal 2: A Well Planned, Vibrant and Sustainable Place

2.1 Contribute to creating an accessible, well connected city.

2.2 Enhance neighbourhood character, while respecting local heritage and open space.

2.3 Contribute to initiatives that encourage economic opportunities through local employment, business, industry and tourism.

2.4 Plan for a well designed urban environment and public spaces that contribute to the life of the city.

Policy

Council does not currently have any policies in place directly precluding the serving of, or offering of liquor in any of its facilities. Council currently holds adult events where liquor is served in a responsible and appropriate manner.

Legal/Statutory Obligations/Risk

Council officers have sought counsel from HBCC Governance and the appropriate legal and statutory obligations have been considered.

Financial and Resource Implications

The positive effect on the budget is that the current loss of income from the termination of the Yooralla lease will be recouped at a time when this income loss is particularly significant.

Environmental/Social/Economic Impacts

There will be minimal additional impact in a negative sense than was already in place with the previous cafe operation in place. The provision of a cafe will enhance the library offering and the development of the Williamstown Library/Town Hall precinct as a social connecting point for residents. Tenanting the cafe will provide opportunity for the development of a business to add to the economic health of the community.

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Consultation and Communication

The community has not yet been engaged on this topic. However, the closure of the Williamstown Library cafe and lack of offering has been noted by a number of community members. Town Planning conditions will be met in the awarding of the lease. The Planning scheme requires that the applicant lodge a planning application to Council to operate with a liquor licence. The process sets out a requirement for the applicant to advertise for a period of 14 days the intent to do so, providing an opportunity for any objection to the proposed use of the site to be lodged.

Officer Declaration of Conflict of Interest

Section 80C of the Local Government Act 1989, requires members of Council staff and

persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates.

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

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8.2 Corporate Services

8.2.1 Election Period Policy

Directorate: Corporate Services Appendix: 1 1st Pink

Purpose

To adopt an Election Period Policy for the 2016 Council elections, in support of compliance with the Local Government Act 1989 and the application of good governance principles.

Recommendation

That Council:

1. Revoke the Caretaker Policy dated 24 April 2012.

2. Adopt the Election Period Policy for the 2016 election of Councillors.

3. Note that the Election Period Policy will apply from 21 September 2016 until 6pm on Election Day (22 October 2016), inclusive.

Summary

The purpose of this Election Period Policy (the policy) is to ensure that the ordinary business of local government by the Hobsons Bay City Council continues throughout the election period in a responsible and transparent manner, and in accordance with statutory requirements and established ‘caretaker’ conventions. Caretaker provisions are intended to assure the community that Councils and Councillors will not use public resources in election campaigning or make major policy decisions that may bind the incoming Council.

Background

Section 93B of the Local Government Act 1989 (the Act) requires Council to prepare, adopt and maintain an election period policy in relation to procedures to be applied by Council during the election period for a general election.

In 2016, the election period will apply from 21 September 2016 until 6pm on Election Day, 22 October 2016.

Discussion

The policy will apply during the election period to cover:

decisions that are made by Council, a special committee or a person acting under delegation by Council

any material that is published by Council or on Council’s behalf

public consultation activities

scheduling, attendance and participation in functions and events

the use of Council resources

access to Council information

media services issues. The adoption of the policy, referenced within the Councillor Code of Conduct as the Caretaker Policy, further supports compliance with the Local Government Act 1989 and is a

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key good governance initiative in the lead up to the election. The proposed policy is provided as an appendix to this report.

Strategic Alignment

This report specifically addresses the following goals and objectives in the Community Health and Wellbeing Plan and Council Plan 2013-17:

Goal 4: An Innovative, Proactive and Leading Organisation

4.1 Undertake responsible and sustainable decision making and management.

Policy

The proposed policy will remove ambiguity and support compliance with the Councillor Code of Conduct, and the Local Government Act 1989, particularly in relation to the conduct of

Councillors and the administration during the election period.

Legal/Statutory Obligations/Risk

Section 93B of the Act requires Council to adopt an election period policy.

Section 93A prohibits Council, a special Committee or a person acting under delegation from making a major policy decision during the election period.

Section 55D specifically prohibits Council, a special Committee or a person acting under delegation from publishing or distributing electoral matter during the election period.

Section 76D requires that a person who is, or has been, a Councillor or member of a special Committee must not misuse their position to gain or attempt to gain an advantage for themselves or any other person or cause or attempt to cause detriment to Council or another person.

Financial and Resource Implications

Council resources, including officers, support staff, hospitality services, equipment and stationery should be used exclusively for normal Council business during the election period, and should not be used in connection with an election.

Environmental/Social/Economic Impacts

This policy is designed to ensure that the ordinary business of the Hobsons Bay City Council continues throughout the election period in a responsible and transparent manner, and in accordance with statutory requirements and established ‘caretaker’ conventions.

Caretaker provisions are intended to assure the community that Councils and Councillors will not use public resources in election campaigning or make major policy decisions late in the term that may bind the incoming Council.

Consultation and Communication

The proposed policy draws on legislative requirements under the Act, the existing policy, and other comparable policies of other councils.

Section 93B(4) of the Act requires that a copy of the election period policy must be given to each Councillor as soon as possible after it is adopted, be available for inspection by the public at the Council offices and be published on Council’s website.

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The policy also requires that all staff be informed of the requirements of this policy no later than 30 days prior to commencement of the election period. Information about the policy will be communicated to staff accordingly.

Officer Declaration of Conflict of Interest

Section 80C of the Local Government Act 1989 requires members of Council staff and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates.

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

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8.2.2 Microsoft Enterprise Agreement

Directorate: Corporate Services

Purpose

To approve the execution of contract number 2016.18 to deliver Microsoft software and associated services.

Recommendation

That Council award Contract No. 2016.18 for Supply of Microsoft software and associated services to Staples Australia Pty Limited with an estimated amount of $690,000 (excluding GST) for a period of thirty six months (36) commencing 1 April 2016.

Summary

The current three (3) year Microsoft Enterprise Agreement for the licensing of software used across Council is supplied by Data#3 Ltd and will expire on 1 April 2016. A new three year contract must be signed to allow Council continued access to enterprise ICT systems to enable the delivery of essential public services.

Council’s current expenditure on Microsoft licensing averages approximately $230K per year, taking into account any movements in the needs of the organisation. It is forecast to remain stable with a new Microsoft Enterprise Agreement costing approximately $230K per year or $690K for the life a typical three (3) year contract.

The appointment of Staples Australia Pty Limited is for a period of three years, commencing 1 April 2016.

Background

To meet Council’s Information, Communication, and Technology (ICT) requirements and procurement obligations, a new three year contract to deliver Microsoft software and associated services must be signed to ensure the Council remains under contract and compliant with section 186 of the Local Government Act 1989.

Council engaged the Municipal Association of Victoria (MAV) to act as its agent to appoint a panel of preferred Microsoft Licensing Solution Partners (LSPs) to deliver Microsoft software and associated services to the Whole of Victorian Local Government (WoLG) sector. A total of seventy seven (77) Councils and two (2) library corporations were represented in this tender process.

In the pursuit of Best Value solutions, Council conducted a thorough evaluation of the preferred suppliers listed on this MAV contract. Council’s Tender Evaluation Panel concluded that Staples Australia Pty Ltd demonstrated best value to the Council and Community.

Discussion

This contract is necessary for Council to continue to gain access to Microsoft’s enterprise software suite. Every ICT system utilised by Council (including the data centre, desktop PCs, VoIP phone system, Office applications and Email) requires some or all components of the Microsoft software suite.

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The contract also facilitates access to competitive pricing for all other Microsoft software, Microsoft’s Government Open Licence Program (e.g. discounted pricing on academic licences for Library PCs and the Home Use Program for staff), software upgrade rights, and associated software services that include consulting, training, and ongoing support.

There are no viable alternatives to Microsoft’s enterprise licensing agreement within the market place that can meet the broad ICT needs of local government.

Strategic Alignment

The ICT platform is the foundation of virtually all of Council’s business activities, operations and strategies. The Hobsons Bay ICT network connects 30 buildings and delivers computing and communication services to the Civic Centre and all public facing sites including the Town Hall and Libraries, Community, MCH, Youth and PAG Centres, Food Services, and the Visitor Information Centre. In this way, the delivery of ICT and software services supports almost every aspect of the Community Health and Wellbeing Plan and the Council Plan.

More specifically, this contract supports the following goals and objectives in the Community Health and Wellbeing Plan and Council Plan 2013-17:

1.1 Provide a range of accessible, high quality services and social supports.

2.1 Contribute to creating an accessible, well connected city.

2.3 Contribute to initiatives that encourage economic opportunities through local employment, business, industry and tourism.

4.1 Undertake responsible and sustainable decision making and management.

4.3 Communicate and engage effectively with the community and provide excellent customer service.

Policy

The tender evaluation process was undertaken in accordance with Council’s Procurement Policy.

Legal/Statutory Obligations/Risk

The appointment of Staples Australia Pty Ltd is in accordance with section 186 of the Local Government Act 1989.

Compliance of Council’s many statutory and regulatory obligations relies on the availability of a legally licensed ICT system. The ongoing maintenance of a compliant ICT system will support Council’s strategic, operational, and risk management priorities.

Financial and Resource Implications

The competitive tendering process conducted by the MAV will result in better value for Council. The Tender Evaluation Panel supports this recommendation as the most cost effective option to deliver Microsoft licensing and associated services to Council.

Council’s current expenditure on Microsoft licensing is approximately $230K per year and is classed as ‘Capital Expenditure - Significant Operating’. Based on a recent price forecast analysis, it is estimated that a new Enterprise Agreement will cost approximately $230K per year or $690K for the life a typical three (3) year contract.

Given Council’s heavy reliance on technology to conduct its business, there will be an immeasurable financial impact in the absence of this contract.

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Environmental/Social/Economic Impacts

Council is heavily dependent on ICT to enable the delivery of essential public services. Without a new Microsoft licensing contract in place, no ICT system or corporate application can be legally accessed or used by Council to deliver vital public services.

Consultation and Communication

This Microsoft Licensing tender was advertised in The Age newspaper and Tenderlink. A detailed tender evaluation report was presented to Council’s Tender Board, which has endorsed the recommendations.

Officer Declaration of Conflict of Interest

Section 80C of the Local Government Act 1989 requires members of Council staff and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates.

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

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8.2.3 Audit Committee Update – February 2016

Directorate: Corporate Services Appendix: 2 1st Green

Purpose

To update Council on issues considered at the Audit Committee meeting held on

10 February 2016.

Recommendation

That Council note the issues considered by the Audit Committee at its meeting held on 10 February 2016.

Summary

This report provides an update of the Audit Committee meeting held on 10 February 2016, to ensure that Council is informed on the activities of the Audit Committee. It provides Council with an opportunity to explore any issues that have been considered.

Background

Council’s Audit Committee is an advisory committee of Council, appointed under section 139 of the Local Government Act 1989. The committee comprises of three independent members and three Councillors. The chair is an independent member, who has the casting vote, whilst the Mayor and Chief Executive Officer are non-voting members.

The committee meets at a minimum, quarterly throughout the year and has a Terms of Reference that addresses responsibilities including risk management, control frameworks, external accountability, legislative compliance and internal and external audits.

Discussion

The February 2016 agenda addressed a number of items as follows:

the Chief Executive Officer’s update, including the ‘Fair Go Rates’ legislation which has now been introduced by the State Government and information on Council Elections including the election date of Saturday 22 October 2016

outstanding audit recommendations

audit strategy for year ending 30 June 2016 presented by RSM Bird Cameron, External Auditor summarising the audit risks relating to the financial report outlined in the strategy

internal audit program update, updating the committee on the progress of the internal audits for 2015-16 and inform the committee on recent reports and publications

internal Audit Program MAP’s in relation to the 2015-16 program prepared by Council’s internal auditors Crow Horwath

internal Audit Program – Completed Reports on Parks Playground Maintenance and Fraud Management

risk management update, highlighting the 26 risk register workshops conducted and a further 5 Business Continuity Planning workshops scheduled

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quarterly financial report for the period ended 31 December 2015, prior to presentation to Council

cash and investment balances

The next Audit Committee meeting is scheduled in May 2016.

Strategic Alignment

This information specifically addresses the following goal and objective in the Community

Health and Wellbeing Plan and Council Plan 2013-17:

Goal 4: An innovative, proactive and leading organisation

4.1 Undertake responsible and sustainable decision making and management.

Legal/Statutory Obligations/Risk

Council’s Audit Committee is an advisory committee of Council, appointed under Section 139 of the Local Government Act 1989.

The committee operates within the guidelines of ‘Audit Committees: A Guide to Good Practice for Local Government’ which was released by the Department of Planning and Community Development in January 2011.

Officer Declaration of Conflict of Interest

Section 80C of the Local Government Act 1989 requires members of Council staff and

persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates.

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

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8.3 Infrastructure and City Services

8.3.1 JT Gray Reserve, Williamstown North – Capital Works Consideration

Directorate: Infrastructure and City Services Appendix: 3 1st Yellow

Purpose

To outline relevant issues relating to the proposed development of a new sports pavilion at JT Gray Reserve, Williamstown North.

Recommendation

That Council:

1. Develop and submit an application in August 2016 to the Department of Health and Human Services, for a funding grant of $0.650m from the Sports Infrastructure Fund towards the building of a sports pavilion at JT Gray Reserve.

2. Note that the funding application will require a concept design at a cost of $0.125m to be funded $0.075m in 2015-16 and $0.050m in 2016-17.

3. Note that a further amount of $150k is referred to the 2016-17 financial year to complete the detailed design of the pavilion.

4. Note a draft capital contributions policy will be prepared for Council’s consideration in July 2016 to guide facility user contribution levels.

5. Note that other potential sources of income to support the project will be sought.

6. Note that discussions will commence with the appropriate community reference group to review and refine the pavilion project scope prior to the submission of the funding application.

Summary

Strategic recreation planning undertaken across the municipality identifies a new sports pavilion at JT Gray Reserve as a high priority. The rationale includes:

current demand as it is the most heavily used reserve for formal sport in Hobsons Bay

the current condition and function of the existing facilities and the requirement to hire portables to supplement existing capacity

identification of soccer as a high priority for investment in the Council’s Sport and Recreation Strategy

supporting the inclusiveness of tenant clubs which promote culturally and linguistically diverse (CALD) and accessible programs which in turn aligns to Council’s recreation strategy priorities

the opportunity to leverage the previously completed base infrastructure including sportsgrounds and floodlighting

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completion of an endorsed master plan developed in consultation with user groups and residents.

This report proposes that discussions be undertaken with the appropriate community reference group to develop a project scope for a new pavilion prior to the submission of a funding application to the state government in August 2016.

Background

Within the municipality there are 31 sports pavilions supporting field sports, including AFL, soccer, cricket, rugby, athletics and lacrosse. In the past five years seven pavilions have been redeveloped to an adequate or high standard: Bryan Martyn Oval (2010-11), Williamstown Cricket Ground (2011-12), KC White Reserve (2012-13), Loft Reserve (2014-15), Newport Park Athletics Track (2014-15), Comben Reserve (2015-16) and JK Grant Reserve (2015-16 – 2016-17). Some works have also been undertaken on Jackson Pavilion at Laverton Park (2009-10 and updates in 2015-16), Langshaw Reserve (2010-11) and Croft Reserve (2010-11).

Recent sport and recreation planning and community engagement has identified five pavilions as candidate projects for upgrade and/or replacement. Projects identified for Council’s consideration include pavilions in the following reserves: JT Gray, Digman, Croft, Kim, Laverton Park and Fearon.

In prioritising these projects consideration has been given to their strategic context within the municipality, informed by data such as demographics, participant numbers and usage as well as the strategic direction outlined in the Sport and Recreation Strategy. Secondly, consideration has then been given to the age and condition of facilities to determine what level of upgrade is required. (Appendix C)

Digman Reserve is currently being master planned and Croft Reserve is recommended for master planning in 2016-17. This master plan process is recommended to ensure that as each reserve is developed it is completed in an orderly manner, in stages, over a number of years. In any given reserve this is more likely to result in proper arrangement of the sporting fields, pavilions, access, car parking and associated open space enhancements ensuring that value for money is achieved.

Currently Laverton Park has a number of pavilions providing for AFL, cricket, soccer, tennis and lawn bowls, although it has been identified that further investigation is required to determine if these facilities require upgrade.

The pavilions at Fearon, Kim and McClean Reserves have been identified for consideration in the future program after completion of the existing identified priorities.

JT Gray Master Plan

The development of the JT Gray master plan commenced in 2011 and was progressively developed up to its adoption in 2013 (Appendix A).

On 12 February 2013, Council endorsed the JT Gray Reserve Master Plan (2012-2021) (Appendix B) and resolved the following:

“Moved Cr Peter Hemphill, seconded Cr Paul Morgan, that the Council approve the J. T. Gray Reserve Master Plan 2012-22 for implementation, acknowledging the priority of realignment of the Kororoit Creek Shared Trail and support the allocation of funds for consideration in the draft Five Year Capital Works Program to complete these works.”

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The final JT Gray Reserve Master Plan (2012-2021) Report endorsed by Council included a Pavilion Concept Plan and stated the following regarding this concept:

“This Report includes a concept building plan based on identified needs, however, a design development process will be undertaken prior to any new pavilion being considered for the reserve, and such a process will further test the need for specific spaces, their spatial areas, their usage and management, and their configuration within an overall building footprint.”

As noted above, refinement of the master plan pavilion concept is required to achieve a more realistic and more economical design. It would be proposed that discussions commence with the tenant clubs and other stakeholders to refine the master plan pavilion concept into one that aligns with state sporting facility minimum guideline requirements.

Other works detailed in the master plan include sports grounds, a pavilion, carpark and associated hardstand and landscaping. Subsequent consultation with the user groups indicated a preference for the works to the sportsground to be prioritised over the development of the pavilion. On this basis over the past two years priority elements have been implemented progressively in accordance with the master plan, specifically the redevelopment of the sportsgrounds. These works include the removal of fencing to create a new soccer pitch, a new automated irrigation system, a cricket turf wicket table, installation of enhanced sportsground lighting and the realignment of the Coastal Trail outside the reserve.

Now the sportsground works are substantially complete, the next stage is the scoping of a new centralised sports pavilion and associated external works. The completion of these works would represent the completion of the master plan implementation.

Discussion

In supporting an upgraded pavilion it is noted that JT Gray Reserve is the most heavily used reserve for formal sport in Hobsons Bay. It would be intended that the proposed pavilion will replace the existing sports pavilion and social facility.

The 2014 Sport and Recreation Strategy and the draft Open Space Strategy identify JT Gray Reserve as a regional sport and recreation asset for the Hobsons Bay community, specifically for seasonal soccer and cricket. The reserve also functions as an open space asset for the local community in Williamstown North.

Current Reserve Facilities

The existing buildings are over 30 years old, in poor condition and do not properly accommodate the existing functional requirements. The functions are currently accommodated across two separate buildings and seasonally hired portable buildings. The existing social facility comprises two conjoined portable buildings which are in a poor condition.

It is considered more economical to establish a new sports pavilion in a new location than redevelop the existing facilities.

During the winter season Council provides an additional five portable change and toilet facilities as the current facilities do not cater for these needs. The tenant soccer clubs also have permission for two shipping containers to remain on site as storage is inadequate.

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Current Reserve Utilisation

JT Gray Reserve is home to five tenant sporting clubs with a combined membership of approximately 900, making JT Gray Reserve the most heavily used reserve for formal sport in Hobsons Bay.

These clubs include the Barnstoneworth United Junior Soccer Club (BUJSC), Barnstoneworth United Senior Soccer Club (BUSSC) and Williamstown Soccer Club (WSC) in winter and the St Johns Williamstown Cricket Club (SJCC) and Williamstown Congs Cricket Club in summer (WCCC).

A number of other cricket clubs also use the reserve for junior and lower grade senior matches, and some local schools conduct sports days at the reserve. The availability of timeslots to host additional cricket matches in the summer season is poor.

Soccer and cricket are two of the most popular club based sports in Hobsons Bay and 48 per cent of all soccer participation in Hobsons Bay occurs at JT Gray Reserve.

Local Demand

From 2012 to 2015, overall participation in sporting activities (soccer and cricket) at JT Gray Reserve has increased by 38.9 per cent. Within this increase, junior participation (4 to 18yo) has increased by 50.1 per cent and female participation has increased by 54.4 per cent. Additional information is available. (Appendix D)

Encouraging Universal Participation

Almost half of all soccer activity in Hobsons Bay occurs at JT Gray Reserve and 14 per cent of all soccer participants at JT Gray are female, the highest of any soccer, football or cricket club in Hobsons Bay.

Soccer clubs have had to adapt their operations to encourage female participation in the absence of dedicated facilities. To facilitate the clubs at JT Gray Reserve, Council has provided portable facilities for the past four years to enable female membership to increase and establish. The portables are far from ideal, however have served a purpose as an interim measure but are not appropriate as a long term solution. The proposed pavilion will provide for long term needs of all clubs including the provision of unisex facilities to support female participation.

Functional Requirements

The JT Gray Reserve is classified as a “regional” level facility for soccer and cricket due to the existing participation levels and facilities.

In determining the size of a “future regional” pavilion the Sport and Recreation Strategy references state sporting facility guidelines as a minimum requirement. These include the guidelines for a regional facility as outlined by the Football Federation of Victoria and the Australian Football League.

In addition to these minimum guidelines, consideration would need to be given to industry standards, universal design principles and the trend towards multipurpose shared facilities rather than dedicated spaces, ‘owned’ by specific clubs.

Based on the building code and the above guidelines, the design brief would allow for a

building footprint of approximately 710sqm. The development would include:

four sets of change rooms to cater for home and away teams

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two multipurpose community spaces

associated facilities

external works

carpark

The specifics of the footprint and scope will need to be reviewed through an appropriate reference group before a funding application is submitted. External Funding Opportunity

The budget does not currently reflect any allowance for external income. The project would be eligible under the Department of Health and Human Services, Community Sports Infrastructure Fund (Major Facilities Category).

If the application was successful this would reduce the call on Council funding and allow these funds to be allocated to other priorities.

Council can apply for a maximum of $650,000 under this program. This is the only State Government funding program currently available for this type of project. The next funding round under this program is for the 2017-18 financial year.

The application requires the preparation of a concept design including detailed schematic plans, a quantity surveyor cost estimate, an environmentally sustainable design report, an access audit and a facility management plan.

Council would be notified if successful in March 2017. Council cannot use grant funds to complete the detailed design (next stage after concept design) so funds will need to be provided in 2016-17 for this purpose. Construction would be commenced in 2017-18 and be completed in 2018-19.

It would be anticipated that the tenant clubs would make a financial contribution to the project. A draft Capital Contribution policy will be prepared for Council consideration in July 2016 to guide facility user contribution levels for this and other facilities. Other sources of funding will continue to be sought.

Strategic Alignment

This report also specifically attends to the following goals and objectives in the Community Health and Wellbeing and Council Plan 2013-17.

Goal 1: An Inclusive, Resilient and Healthy Community

1.4 Provide a range of opportunities that support people to engage in healthy and active lifestyles, the arts, recreation and sport.

Goal 2: A Well Planned, Vibrant and Sustainable Place

2.6 Ensure opportunities for residents to enhance their health and wellbeing are delivered upon through strategic integrated planning, social research, community consultation and evaluation.

Goal 3: Quality Community Infrastructure and Public Open Spaces and Places

3.3 Invest in and maintain Council-owned buildings to ensure they respond to community needs.

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Legal/Statutory Obligations/Risk

The development of a new pavilion would address any issues of statutory compliance, building regulations, Occupational Health and Safety Act, Health Act and The Disability Discrimination Act.

Financial and Resource Implications

The grant application requires a concept design ($125,000) by August 2016. Detailed design which needs to be completed in 2016-17 costs a further $150,000. Council would need to allocate funds for construction in Capital Works 2017-18, and 2018-19, with amount to be determined based on agreed scope etc.

Environmental/Social/Economic Impacts

The replacement of the pavilion and carpark will:

improve the environmental outcomes by replacing an aged pavilion with one including modern environmental design

meet the various needs of different groups and encourage universal participation.

Consultation and Communication

The consultation and communication process for the design development will have strong focus on community engagement and informed decision making via the establishment of a project reference group involving user groups and consultation with relevant sports’ associations and nearby land manager representatives.

Officer Declaration of Conflict of Interest

Section 80C of the Local Government Act 1989 requires members of Council staff and

persons engaged under contract to provide advice to the Council, to disclose any direct or indirect interest in a matter to which the advice relates.

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

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8.4 Strategic Development

8.4.1 Advocacy Strategy 2014-18 Progress Report

Directorate: Strategic Development Appendix: 4 1st Blue

Purpose

To update Council on the key advocacy initiatives undertaken in the past 12 months in relation to the priority areas within the Advocacy Strategy 2014-18.

Recommendation

That Council:

1. Note the actions undertaken to date in response to the Advocacy Strategy 2014-18.

2. Note a review of the Advocacy Strategy has been undertaken.

Summary

The Advocacy Strategy 2014-18 has completed its second year of implementation. During the last 12 months Council has continued to use this strategy to guide advocacy efforts, aligning them with the 13 priority areas included within the plan. Advocacy has involved activities such as meetings with politicians, key agencies and government organisations, submissions, letters and strengthened partnerships. Council will continue to advocate and monitor the issues of importance as identified by the community.

Background

In February 2014 Council endorsed the Advocacy Strategy 2014-18. The advocacy strategy, a first for Hobsons Bay, demonstrates Council’s commitment to strong civic leadership, advocacy and good governance for the benefit of the community. It demonstrates Council’s desire for the organisation to be strategically focused, innovative, proactive and committed to improvement. The Advocacy Strategy 2014-18 identifies 13 priority areas for action. These priority areas align with the vision and feedback from community and stakeholders sought through the development of the Community Health and Wellbeing Plan 2013-17. They include: 1. affordable housing

2. integrated transport

3. health services

4. mental health services for young people

5. employment and economic development

6. provision of education and teaching facilities

7. managing urban consolidation

8. climate change and environmental sustainability

9. major hazard facility planning

10. landfill, waste and resource recovery

11. integrated water management

12. a third pass assessment of Port Phillip Bay

13. sustainable design provisions in planning schemes

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Discussion

The Advocacy Strategy 2014-18 has completed its second year of implementation, as such a midterm evaluation and review was conducted indicating that the plan is still relevant and on track. As indicated in the progress report attached, over the past 12 months, Council has seen some positive changes including the establishment of the state Major Hazard Facility Advisory Committee which will consider land use planning around facilities, the announcement to remove level railway crossings, including Aviation Road, Laverton and Kororoit Creek Road, and North Williamstown, the opening of CoHealth at Laverton Hub increasing access to health services, and the establishment of the Laverton Children and Youth Area Partnership Working Group. This year has also seen the cessation of the East West Link project and the announcement of the Western Distributor. Some key pieces of work that Council has been working on to support future advocacy include the development of the draft Affordable Housing Policy Statement, the development of the Mental Health and Wellbeing Scoping Paper, and the implementation of the Economic Development Strategy. A key part of the implementation of the Economic Development Strategy has seen Council working hard over the past year to build relationships with businesses in the municipality, meeting with businesses to understand any issues they are faced with as well as future opportunities. To support this work, Council also held a successful Business Breakfast in April 2015 and the 2015 Business Excellence Awards. Council will continue to advocate for the needs of community members. Key pieces of work that will support this in the coming 12 months includes the finalisation of the Integrated Transport Plan, exploration of opportunities for a western region affordable housing position, implementation of the Mental Health and Wellbeing Scoping Paper recommendations, and supporting the Victorian Government and stakeholders in the review of land use planning around Major Hazard Facilities.

In addition, over the next 12 months, Council will be engaging with the community to support the development of the community vision, Hobsons Bay 2030. Feedback from this consultation will be used to develop the plan and ensure that Council is working towards creating and advocating for a liveable city for all.

Strategic Alignment

This report specifically addresses the following goals and objectives in the Community Health and Wellbeing Plan and Council Plan 2013-17:

Goal 1: An Inclusive, Resilient and Healthy Community

1.6 Work in partnership with key stakeholders to attract and advocate for the services

needed in Hobsons Bay

Goal 4: An Innovative, Proactive and Leading Organisation

4.2 Understand community needs, advocate and partner with others for the benefit of the

municipality, especially in relation to children and young people.

Policy

Advocacy Strategy 2014-18.

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Legal/Statutory Obligations/Risk

The Local Government Act 1989 articulates that “it is the role of Council to provide

governance and leadership for the local community through advocacy, decision making and action.”

Furthermore the Public Health and Wellbeing Act 2008 articulates that Council is required “to protect, improve and promote public health and wellbeing within the municipal district by creating an environment which supports the health of members of the local community and strengthens the capacity of the community and individuals to achieve better health.”

Financial and Resource Implications

The implementation of the Advocacy Strategy 2014-18 is achieved through the existing Council operational budget.

Environmental/Social/Economic Impacts

The Advocacy Strategy 2014-18 aims to work in partnership with others to improve the built, natural, social and economic environments across Hobsons Bay to ensure the current and future needs of the community are met.

Consultation and Communication

The Advocacy Strategy is based on extensive consultation that occurred with the community, stakeholders, Councillors, and staff during the development of the Community Health and Wellbeing Plan and Council Plan 2013-17. Further consultation has also occurred with the community and stakeholders through the Annual Community Survey, the Community Wellbeing Leadership Coalition meetings, meetings/forums held regarding key priority areas, and the midterm evaluation. These activities have been completed in alignment with the Community Engagement Framework.

Officer Declaration of Conflict of Interest

Section 80C of the Local Government Act 1989 requires members of Council staff and

persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates.

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

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8.4.2 Environmental Upgrade Agreements (EUA)

Directorate: Strategic Development, Corporate Services Appendix: 5 2nd

Pink

Purpose

To provide an overview on the proposed establishment of a two year trial of an Environmental Upgrade Agreement service to provide local businesses with opportunities to reduce their costs through energy efficiency projects.

Recommendation

That Council:

1. Endorse the establishment of a two year trial of an Environmental Upgrade Agreement service to provide local businesses with opportunities to reduce their costs through energy efficiency projects.

2. Delegate the Chief Executive Officer the power to enter into Environmental Upgrade Agreements and declare and levy an environmental upgrade charge.

Summary

An Environmental Upgrade Agreement (EUA) is an agreement between a building owner, a bank and the building owner’s local Council that facilitates a building upgrade to improve energy efficiency. Council’s role is to levy the loan repayment using the Council charge system and remit that payment, if and when received, to the lender. Council is not liable for any unpaid Environmental Upgrade Agreement charges. Council will only be liable to pay the lender once a repayment is collected by Council.

In Hobsons Bay, as is general in Victoria, the majority of commercial property is leased. Many participants in our regional and Council programs would like to implement energy efficiency projects, however, as commercial tenants they are unable to make changes to the building that they lease. There is often no incentive for the landlord to invest in these upgrades as the benefits (e.g. energy savings) are reaped by the tenants. Establishing EUAs will enable projects to occur within these properties as the repayments are allowed to be made by the tenant who reaps the benefits of reduced energy bills. The building owner benefits from improvements to the building, carried out at zero cost, whilst increasing its potential marketability for future tenants. This accelerates building retrofit activity providing an increased supply of more sustainable business premises, with reduced energy and therefore utility costs. The EUAs will incentivise private investment and attract potential government funding in the municipality as well as improve local business profitability.

The benefits that EUAs provide will assist Council to achieve objectives within the Community Greenhouse Strategy 2013-2030 and the Economic Development Strategy 2015-2020. The EAUs are a high priority action in the regional greenhouse strategy, Low Carbon West that Council endorsed in 2014 and is delivered by the Western Alliance for Greenhouse Action (WAGA).

The ability and requirements for establishing EUAs are outlined in the Local Government Act 1989 (the Act).

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Background

Local strategic context

Council is committed to reducing its impact on the environment and helping the community to do the same. The Community Greenhouse Strategy 2013-30, adopted in October 2013, was developed by Council to support the community to reduce its greenhouse gas emissions with the objective of being a zero net emissions community by 2030.

Based on Hobsons Bay’s greenhouse gas emissions baseline from 2012, non-residential buildings and industrial processes account for about 71 per cent of total emissions. Council is currently delivering a suite of programs that assist the community to reduce their emissions. The EAUs will assist in further emission reductions by facilitating access to finance to implement projects such as lighting upgrades and the installation of solar panels.

Council’s Economic Development Strategy 2015-2020 outlines the objectives that will guide Council’s work in supporting the short and long term growth of the local economy. Key themes within the strategy include business support and engagement, investment attraction and facilitation, and sustainability. The EUAs will assist in meeting some of the strategy’s objectives through providing access to capital, building improvements, reduced operating costs and reduced greenhouse gas emissions.

Environmental Upgrade Agreement history

Victoria was the pioneer state to offer EUAs, with the program started in the City of Melbourne in 2011. Legislation was passed in 2015 to allow EUAs to be offered across all municipalities in Victoria.

To date, the Sustainable Melbourne Fund (SMF) has facilitated $12.6 million in energy and water efficiency finance resulting in annual cost savings of $571,000 and abating 6,267 tonnes of carbon.

The Sustainable Melbourne Fund (SMF) – service provider

The SMF designed and implemented the EUA program for the City of Melbourne. They are now the Third Party Administrator (TPA) for the EUA program, engaging actively with the finance and property sectors as a trusted intermediary for building owners. Accordingly, the SMF is now offering to establish EUA programs for local government, act as an intermediary to implement the program on behalf of Council and provide ongoing monitoring and reporting.

Discussion

An introduction to EUAs from SMF including process diagrams, local opportunities and an economic study; frequently asked questions and answers and a case study are provided in the appendix.

What is an EUA?

An EUA is an agreement between a building owner, a bank and the building owner’s municipal Council that facilitates a building upgrade to improve energy efficiency. A loan to the building owner for an upgrade is repaid to the lender via Council. The EUA links the loan to the building rather than the building owner, enabling loan repayments to be made through a property charge, just as rates are paid.

Unlike other alternative finance options, EUAs allow tenants to contribute financially to the project making it more attractive, and likely, for a landlord to invest in building improvement projects.

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What is Council’s role?

Council’s role is to levy the loan repayment using the Council charge system and remit that payment, if and when received, to the lender. The loan and all obligations related to the loan repayment remain between the building owner and the lender.

What are the benefits for Council?

The establishment of EUAs will accelerate building retrofit activity providing an increased supply of more sustainable business premises, with reduced energy and therefore utility costs, within the municipality. By facilitating EUAs for local businesses, Council will expand the potential market for its current and future programs with the potential to increase participation. For example, Council’s Light$mart program and any future programs will become more accessible to tenants.

The establishment of a two year trial of an EUA service will identify that Council is dedicated to its environmental targets, specifically zero net emissions by 2030.

How EUAs are administered

Council would engage a third party administrator (such as SMF) to implement the program on its behalf and provide ongoing monitoring and reporting. An EUA applicant (local building owner) will identify a project (or be approached by their tenant) and apply directly to the TPA (or through Council) for EUA finance. The TPA would review the application for eligibility and the applicant may then secure funding from a financier. The TPA then reviews the project details to ensure that all legislative requirements are met, after which the EUA will be signed by the building owner, the financier and Council’s Chief Executive Officer (CEO).

The building owner will then draw down on allocated funds for the retrofit and make repayments to Council as per an established charge payment schedule. Payment would be received through Council’s rates system and forwarded to the financier once received.

A flow diagram that illustrates this process is attached in the appendix.

Delegation to CEO to sign EUAs

The legislation requires that a Council’s CEO sign EUA contracts on Council’s behalf. Under the Act, in Division 2A of Part 8, item 181H Delegation to CEO states:

(1) A Council may, by instrument of delegation, delegate to the Chief Executive Officer the following powers (a) to enter into an environmental upgrade agreement on behalf of the Council; (b) to declare and levy an environmental upgrade charge.

(2) The Chief Executive Officer must not delegate the power delegated to the Chief Executive Officer under subsection (1) to any other person.

It is within Council’s CEO’s current delegated responsibilities to sign these contracts.

Engaging Sustainable Melbourne Fund as a Third Party Administrator

The SMF offers assistance to Council to develop the EUA offering for businesses and the EUA application and administration process.

Beyond the set-up, as part of the Third Party Administrator services, the SMF is offering to process the applications including providing help-line support and participate in stakeholder engagement activities to promote the program.

Other parties may be able to provide services to establish and manage EUAs programs for councils; however, as City of Melbourne is so far the only Victorian council to implement

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EUAs, the SMF is the only provider with experience in establishing EUAs in Victoria. It is in Council’s best interest to engage a TPA with relevant experience. It is therefore recommended that SMF be engaged for the proposed two year program with a review to be conducted upon completion.

Alignment with existing programs

Council is currently delivering programs under the community greenhouse strategy that assist businesses to identify and implement environmental improvement projects. These include providing water and energy efficiency assessments delivered in partnership with City West Water and Toyota and facilitating lighting upgrades for businesses through our Light$mart program.

The EUA opportunity is directly aligned with Low Carbon West, the regional strategy for transition to a low carbon economy, which Council endorsed at its Ordinary Council Meeting on 18 November 2014. The strategy was developed by the Western Alliance for Greenhouse Action (WAGA), LeadWest and Western Melbourne Regional Development Australia. The EAUs are a high priority action in Low Carbon West as they have the potential to reduce emissions across the WAGA region by 215 kilo tonnes per annum.

Low Carbon West’s priority for 2016-17 is to establish a business program to facilitate and encourage uptake of energy efficient lighting and solar panels.

Many of the participants in these programs would like to implement projects, however, as tenants they are unable to make changes to the building that they lease. There is often no incentive for the landlord to invest in these upgrades as the benefits (e.g. energy savings) are reaped by the tenants. The EUAs address this split incentive situation and allow both landlords and tenants to benefit from building upgrades.

Program delivery

It is proposed to trial the EUA service over a two year period. A comprehensive review will be undertaken upon completion of this pilot program including an assessment of the TPA’s performance.

Strategic Alignment

This report specifically addresses the following goals and objectives in the Community Health and Wellbeing Plan 2013-17 and Council Plan 2013-17:

Goal 2: A Well Planned, Vibrant and Sustainable Place

2.3 Contribute to initiatives that encourage economic opportunities through local employment, business, industry and tourism.

2.5 Reduce the Council’s ecological footprint and ensure our community has the capacity to adapt to the effects of climate change.

Goal 4: An Innovative, Proactive and Leading Organisation

4.2 Understand community needs, advocate and partner with others for the benefit of the municipality

The EUAs will support Council’s efforts to reduce greenhouse gas emissions of the community through its Community Greenhouse Strategy 2013-2030 as well as deliver the core principles in the Environmental Engagement Strategy 2013-2018.

The benefits that EUAs will provide for the local economy align with objectives in the Economic Development Strategy 2015-2020. Attracting investment and facilitating projects is

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another way that Council can support local businesses and help increase competitiveness. The strategy states that Council is committed to becoming a leader in sustainable business practice, and to providing the support and assistance required to create a culture of sustainability best practice across the municipality.

Policy

There are no policy implications, the proposed establishment of an EUA service will assist to delivering key components in Council’s Climate Change Policy.

Legal/Statutory Obligations/Risk

The requirements for establishing EUAs are outlined in Division 2A of Part 8 in the Act.

Council is not liable for any unpaid EUA charges. Council will only be liable to pay the lender once a repayment is collected by Council.

In the event that a building owner ceases an EUA repayment, it is the responsibility of Council to instigate their normal debt recovery procedures in accordance with Council enforcement procedures and powers conferred under the Act. Any risk to Council is mitigated through the appointment of a Third Party Administrator to review eligibility of projects and ensure legislative requirements are met prior to contracts being signed.

Financial and Resource Implications

The fee to engage SMF to set-up and administer this service for Council is $10,000 per annum for a two year pilot program. Annual fees beyond the two year pilot program are unknown and will be confirmed if, following a review of the trial, Council proceeds with EUAs beyond the pilot. There may be some additional minimal transactional costs associated with delivery of the service and these will continue to be incurred until the loans are paid back in full. The length of each loan is dependent upon the project details and the building owner’s requirements. This service would be fully funded through the existing operational budget.

There is a small amount of administrative resources required by Council’s rates department to set up and administer the EUA process which will be absorbed within the current finance budget. There may be a once off software implementation cost that is unknown at this stage. The software provider will be clarifying this matter in the immediate future.

Council would set a limit of administering no more than six EUAs per year to ensure that no additional resources are required. Ongoing promotion to local businesses would be undertaken as part of existing sustainability and economic development work plans.

The EUA is a voluntary charge, entered into by a ratepayer and Council, which is issued separately to current Council rates.

The Act requires that additional information be added into the quarterly statements currently undertaken by Council’s CEO to Council (Section 138 of the Act). The TPA would provide the information required to be included in these statements.

Environmental/Social/Economic Impacts

Environmental impacts of EUAs will be a reduction of greenhouse gas emissions from energy efficient and renewable energy projects. Local businesses will see a reduction in their energy bills which may increase their profitability.

Increased economic development activity and environmental improvements are expected as a result of EUAs. Details of the potential opportunities are provided in the appendix.

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Consultation and Communication

It is generally accepted that access to capital funds is often the biggest barrier to commercial projects being implemented. Feedback from local businesses participating in Council programs supports this assertion. There is currently no data available to support this but the two year trial aims to quantify the need.

Council established its Economic Development department in early 2014. Prior to this time, Council’s relationships and interactions with business and industry mostly dealt with planning, rates and site-specific issues. Council is now proactively engaging with local businesses to better understand their operations, the pressures that they face and to identify ways in which Council may be able to assist. The EUAs are one tool that can assist businesses to improve and make savings.

One of the main objectives within the Environmental Engagement Strategy 2013-18 is to reach new audiences, EUAs provide an avenue to do this.

Officer Declaration of Conflict of Interest

Section 80C of the Local Government Act 1989 requires members of Council staff and

persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates.

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

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8.4.3 Major Hazard Facilities Advisory Committee Submission

Directorate: Strategic Development Appendix: 6 2nd

Yellow

Purpose

To update Council on a submission to the Major Hazard Facilities Advisory Committee.

Recommendation

That Council:

1. Receive and note the appended submission submitted to the Major Hazard Facilities Advisory Committee.

2. Continue participating in the Major Hazard Facilities Advisory Committee process and present a submission at the hearing generally in accordance with the appended submission.

Summary

Land use planning around major hazard facilities (MHFs) is an important issue for Council as identified as a key priority in the Advocacy Strategy 2014-18. Council has been advocating for a state led approach to land use planning around MHFs for some time.

In September 2015, the Minister for Planning appointed the Major Hazard Facilities Advisory Committee (MHF Advisory Committee) to provide advice on improvements to land use planning for areas surrounding MHFs, in order to better manage the interface areas between existing and new development and land used for MHFs. The MHF Advisory Committee released a discussion paper in December 2015 and invited submissions until 9 February 2016. Council’s submission to the MHF Advisory Committee is appended. A preliminary hearing to the MHF Advisory Committee occurred in mid February with the main hearings to commence on 17 March 2016. Council will be participating in the MHF Advisory Committee process and present to the main hearing generally in accordance with the appended submission.

Background

Land use planning around MHFs is an important issue for Council and identified as a key priority in the Advocacy Strategy 2014-18. There are eight MHFs in the municipality, numerous pipelines and increasing pressure to redevelop redundant industrial land in proximity to MHFs.

As a result of various Victorian Civil and Administrative Tribunal (VCAT) decisions, Planning Panel and Advisory Committee processes combined with a lack of clear state policy direction on the matter, Council developed the Interim Management of Land Use Planning around Major Hazard Facilities Guidelines (October 2014). These set up a process whereby Council would give notice of planning permit applications to Worksafe, the Environment Protection Authority (EPA) and the MHF to ensure their views were considered in Council’s decision making processes.

During this time, Council has also continued to advocate for a state led approach to land use planning around MHFs. The Minister for Planning established the MHF Advisory Committee in September 2015 to consider matters including land use planning around MHFs. The MHF Advisory Committee sought initial comments from relevant stakeholders including Council in

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November 2015; released its discussion paper in December 2015 and invited submissions until 9 February 2016.

Discussion

Council has a number of existing established residential, commercial and open space areas around MHFs that are potentially impacted by risk and amenity issues associated with the operation of MHF’s.

Council’s submission to the MHF Advisory Committee provides an overview of MHFs in Hobsons Bay and discusses each of the MHF Advisory Committee’s ‘thought starter’ questions. Finally the submission discusses other key matters the MHF Advisory Committee should consider as they are relevant to land use planning around MHFs.

Council’s submission identifies that it is essential that the roles and responsibilities of councils are clearly defined and understood. Similarly, the roles and responsibilities of Worksafe, MHFs, Energy Safe Victoria (ESV) (the pipeline regulator), and the pipeline licensees need to be clearly understood. Councils should not be responsible for the assessment, mitigation or an enforcement role in either the MHF or pipeline legislative frameworks. Councils do not have the expertise, access to key information, staff or financial resources to undertake such a task. Worksafe, ESV, the EPA and MHFs are better placed to undertake this role.

A dedicated appropriately resourced team that sits within the Department of Environment, Land, Water and Planning (DELWP) or Worksafe and the EPA is required to bridge the gap between land use planning requirements and the requirements of MHFs and to consider land use planning around MHFs in a holistic manner. The planning system should call for the views of Worksafe, the EPA and MHFs to inform decision making. This would ensure land use planning decisions appropriately consider risk and amenity issues in an overall context of net community benefit.

New state policy is required in the State Planning Policy Framework of planning schemes to provide clear guidance for land use planning around MHFs. This can be supported by municipal specific local policy in the Local Planning Policy Framework. The introduction of a new tool in the Victorian Planning Provisions that addresses both land use and built form is also required to guide planning around MHFs. While preference is an overlay tool similar to the Melbourne Airport Environs Overlay which addresses both land use and built form outcomes, it is acknowledged that generally overlays do not control land use.

The outcomes and recommendations of the MHF Advisory Committee must be informed by evidence based strategic justification. Further work by Worksafe and the MHFs is required to determine exactly what the level of risk is in areas around a MHF or from pipelines.

A state led, balanced and holistic approach to land use planning around MHFs is required to respond to this issue.

Strategic Alignment

This report specifically addresses the following goals and objectives in the Community Health and Wellbeing Plan and Council Plan 2013-17:

Goal 1: An Inclusive, Resilient and Healthy Community

1.3 Protect and promote public health and community safety.

Goal 2: A Well Planned, Vibrant and Sustainable Place

2.3 Contribute to initiatives that encourage economic opportunities through local employment, business, industry and tourism.

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2.4 Plan for a well designed urban environment and public spaces that contribute to the life of the city.

This report specifically addresses one of the key priority areas identified in the Hobsons Bay Advocacy Strategy 2014-18.

Policy

The outcomes of the MHF Advisory Committee are expected to have policy implications if changes such as the introduction of new policy into planning schemes are made. The MHF Advisory Committee is expected to report to the Minister for Planning in June 2016. It is anticipated the MHF Advisory Committee will make recommendations to bridge the gap between land use planning and risk and provide guidance for a state led approach that is holistic and balanced. This direction will make an important contribution to a number of significant Council projects including the implementation of the new residential zones and future structure planning including finalisation of the Newport structure plan.

Legal/Statutory Obligations/Risk

Council currently uses the interim guidelines to help inform decision making in the inner and outer advisory areas of MHFs. Council’s experience at VCAT, Planning Panels and Advisory Committees has highlighted the need for a state led approach to this matter. An adhoc, site by site approach has proven to be a resource and time intensive exercise. Risk experts have been engaged in the past to inform Council’s decision making. However it is not Council’s role to consider, assess, mitigate or enforce risk related matters. Worksafe, ESV, the EPA and MHFs are better placed to undertake this task.

Financial and Resource Implications

Council will present its submission to the MHF Advisory Committee. Any financial implications will be met through existing operational budgets.

Environmental/Social/Economic Impacts

There is a range of land uses around MHFs in Hobsons Bay. Restricting development could potentially sterilise land around an MHF and is not supported. A balanced, state led coordinated and holistic approach to land use planning around MHFs is required.

Consultation and Communication

The MHF Advisory Committee process is a public process with submissions invited from interested parties. As a stakeholder, Council will be taking part in the MHF Advisory Committee hearing and present its submission to the MHF Advisory Committee.

Officer Declaration of Conflict of Interest

Section 80C of the Local Government Act 1989 requires members of Council staff and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates.

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

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8.4.4 Mid Year Council Plan and Local Government Performance Reporting Framework (LGPRF) Indicators Progress Report

Directorate: Strategic Development Appendix: 7 2nd

Yellow

Purpose

To update Council on the progress of the Council Plan Annual Action Plan 2015-16 for the second quarter and the half yearly results for the legislated performance indicators.

Recommendation

That Council note the progress of the Council Plan Annual Action Plan 2015-16 for the second quarter (October to December 2015) and the mid year results for the LGPRF indicators.

Summary This second quarter report (1 October to 31 December) indicates Council’s progress against the Council Plan’s current action plan and legislated performance indicators. Reporting on the progress of these actions is a legislative requirement and it also assists Council to ensure actions are on track throughout the financial year. The report also includes the half yearly results of the LGPRF indicators. The second quarter progress report has identified that:

of the nine major initiatives, eight are progressing on schedule and one has been completed

of the 58 initiatives, 41 are progressing on schedule and 10 have been completed.

In relation to the LGPRF indicators, the mid year results indicate that on the whole Council is placed to achieve similar results to last financial year across the majority of domains.

Background

Each year Council identifies a number of major initiatives and initiatives that form the basis of its annual action plan which is implemented by all Council departments. The actions within the action plan align with the goals and objectives within the Community Health and Wellbeing and Council Plan 2013-17. The annual action plan 2015-16 includes 58 initiatives and nine major initiatives. Progress on these initiatives is reported to Council and the community every quarter via a progress report, with the final progress report being the Council’s Annual Report. The LGPRF is a mandatory system of reporting to ensure that all councils are measuring and reporting their performance in a consistent way. Commencing the 2014-15 financial year, all councils are required to report their performance information consistently in their annual reports, and these will also be used to benchmark council performance through the ‘Know My Council’ website. The LGPRF consists of four indicator sets; service performance, financial performance, sustainable capacity and the governance and management checklist.

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Discussion

The Community Health and Wellbeing Plan and Council Plan are structured around four key goals, which describe how Council will serve the community to deliver on the community’s vision for Hobsons Bay. Each goal area identifies the objectives that, as an organisation, we will work towards achieving from 2013 to 2017. The budget includes the initiatives and major initiatives (the annual action plan) that will be delivered to meet the objectives in the Council Plan. Major initiatives are works and projects that will play a leading role in delivering the Council Plan. They are intended to attain important outcomes for Council and the community. The second quarter progress report has identified that:

of the nine major initiatives, eight are progressing on schedule and one has been completed

of the 58 initiatives, 41 are progressing on schedule and 10 have been completed.

In this quarter key initiatives that were completed included:

implementation of the new state-wide Maternal and Child Health IT system

development of a Hobsons Bay community wellbeing participation guide

delivered the Hobsons Bay Business Excellence Awards

reviewed the role Hobsons Bay undertakes in managing the Home Care Westbay Consortium for case management.

Further details on the progress of these initiatives can be found in the appendix.

In relation to the LGPRF indicators, the mid year results indicate that on the whole we are placed to achieve similar results to last financial year across the majority of domains. However when interpreting the result care should be taken with the data provided in this report as it only pertains to half the financial year, particularly when interpreting results for financials as the timing of revenue or expenditure recognition may not be uniform throughout the year.

Strategic Alignment

This report specifically addresses the following goals and objectives in the Community Health and Wellbeing Plan and Council Plan 2013-17: Goal 4: An Innovative, Proactive and Leading Organisation

4.1 Undertake responsible and sustainable decision making and management 4.3 Communicate and engage effectively with the community and provide excellent customer service.

Policy

The implementation of the initiatives and major initiatives directly influences the achievement of the goals and objectives of the Community Health and Wellbeing Plan and Council Plan 2013-17.

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Legal/Statutory Obligations/Risk

The development of the Council Plan major initiatives, initiatives and performance indicators for monitoring progress is a legislative requirement within the Local Government Act 1989. The Local Government (Planning and Reporting) Regulations 2014 and the Local Government Amendment (Performance Reporting and Accountability) Act 2014 establish a mandatory monitoring and reporting framework which provides minimum standards for the form and content of local council performance statements.

Financial and Resource Implications

The major initiatives and initiatives are currently being implemented from funds outlined in Council’s annual operational budget.

Environmental/Social/Economic Impacts

The environmental, social and economic environments are key strategic objectives within the Community Health and Wellbeing Plan and Council Plan 2013-17.

Consultation and Communication

In order to accomplish its responsibilities, Council’s strategic framework allows the organisation to identify community needs and aspirations over the long term through the Community Health and Wellbeing Plan and operationalise these through the Council Plan. Each of the major initiatives and initiatives has been identified and approved by managers through the development of the Council Plan Annual Action Plan. In addition, this report will be placed on the Council website to update the community on the implementation of the Council Plan. The community will be further informed of progress through the end of financial year Annual Report.

Officer Declaration of Conflict of Interest

Section 80C of the Local Government Act 1989 requires members of Council staff and

persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter.

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9 Supplementary Public Question Time

Supplementary public question time provides an opportunity for the public to ask questions directly related to items on the agenda that have arisen during the evening’s proceedings.

Where it is not possible to provide a response during the meeting, a written response to the question will be provided promptly.

Written public questions received during the Council meeting that are not related to items on the agenda will be taken on notice and responded to in writing by the appropriate Council officer, or referred to the next Ordinary Council meeting for a public response if so requested by the questioner.

10 Urgent and Other Business

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