ordinary meeting of council minutes

Ordinary Meeting of Council

Minutes

Monday 12 December 2016 At 7 pm

Council Chamber Functions Centre

45 Princes Highway Werribee

Wyndham City Council Ordinary Meeting 12/12/2016 of 108

MINUTES

ORDINARY MEETING OF COUNCIL HELD AT THE COUNCIL CHAMBERS,

CIVIC CENTRE, 45 PRINCES HIGHWAY, WERRIBEE ON

MONDAY 12 DECEMBER 2016 The meeting commenced at 7.00 pm. PRESENT: Cr Aaron An

Cr Henry Barlow Cr John Gibbons Cr Josh Gilligan Cr Tony Hooper Cr Intaj Khan Cr Peter Maynard Cr Kim McAliney Cr Mia Shaw Cr Walter Villagonzalo

IN ATTENDANCE: Kelly Grigsby Chief Executive Officer Jenny McMahon Director City Life Stephen Thorpe Director City Operations Steven Lambert Director City Transformation Emily Keogh Manager Council & Community Relations Nicole Battle A/Coordinator Governance & Community Engagement Tammy Williamson Governance Administrator Officer

1. OPENING PRAYER & WELCOME

The Mayor, Cr Henry Barlow, welcomed all in attendance to the meeting.

2. APOLOGIES & REQUESTS FOR LEAVE

APOLOGY CRS KIM MCALINEY / PETER MAYNARD That apologies be accepted for Cr Heather Marcus.

(CARRIED)

3. DECLARATION BY COUNCILLORS OF DISCLOSURE OF CONFLICT OF INTEREST/CONFLICTING PERSONAL INTEREST IN ANY ITEM OF THE AGENDA

Nil

ORDINARY MEETING MONDAY 12 DECEMBER 2016


4. CONFIRMATION OF MINUTES OF PREVIOUS MEETING

MOTION: CRS JOHN GIBBONS / KIM MCALINEY That the minutes of the Ordinary Council Meeting held on Monday 28 November 2016, as prepared and circulated, be confirmed.

(CARRIED)

5. DEPUTATIONS AND PRESENTATIONS

The Mayor, Cr Henry Barlow, read the following statement regarding the Werribee South Green Wedge Policy and Management Plan:

Ladies and Gentleman, I understand that some of you are here tonight as you are

concerned about the Werribee South Green Wedge Policy and Management Plan following a recent article in the local press. Council’s current position is for the ongoing support for the Green Wedge in line with State Governments policy. As some of you would be aware, Council is required to review the Policy every 5 years and that is what we are currently doing. At last month’s Council meeting we unanimously voted to support the matter being referred to an independent panel for consideration and we will await their recommendations, however Council’s position to date has been to maintain the status quo. The matter was referred to the independent panel as it is required under the Planning and Environment Act as there were a range of submissions that would not be resolved. Once the independent Panel makes a recommendation it will come back to Council for further consideration, but what I must impress on you at this stage is that no decision has been made to alter the Council’s existing position. Some comments made in the press by an individual Councillors are not reflective of the broader view of this Council and that was something I just wanted to clarify with you. If you do have any further concerns, officers are available to talk to you after the meeting and we thank you for your attendance tonight.

6. OFFICERS’ REPORTS (incorporating questions with notice)

6.1 PETITIONS

6.1.1 RESPONSE TO PETITION: OBJECTION TO LEASING OF LAND AT 2 BOYANICH COURT, HOPPERS CROSSING (CORNER OF MORRIS & HOGAN'S ROAD, HOPPERS CROSSING) FOR A TELECOMMUNICATIONS TOWER 6

6.2 STRATEGIC REPORTS

NIL



6.3 POLICY/ADVOCACY

NIL

6.4 STRATEGIC & TOWN PLANNING

6.4.1 PUBLIC CONSULTATION FOR THE IMPLEMENTATION OF THE HOUSING AND NEIGHBOURHOOD CHARACTER STRATEGY 2015 12

6.4.2 WYP9331/16 - USE AND DEVELOPMENT OF THE LAND FOR THE PURPOSE OF AN OPEN SPORTS GROUND - 44 WILLIAMS LANDING BOULEVARD 21

6.4.3 PLANNING SCHEME AMENDMENT C190 - REZONING OF 570-580 TARNEIT ROAD, TARNEIT FROM FARMING ZONE TO GENERAL RESIDENTIAL ZONE 46

6.5 OTHER REPORTS

6.5.1 PROPOSED INTRODUCTION OF AUDIO-VISUAL RECORDING OF ORDINARY COUNCIL AND SPECIAL COUNCIL MEETINGS 52

6.5.2 ASSEMBLY OF COUNCILLORS - NOVEMBER 2016 57

7. NOTICES OF MOTION

7.1 NOTICE OF MOTION 566 - SUPPORT FOR THE PROVISION OF SCHOOLS IN WILLIAMS LANDING 63

8. COUNCIL SEAL

8.1 AWARDING OF CONTRACT: C1773/16 - RECONSTRUCTION OF THE EXISTING LEACHATE POND AT WYNDHAM RDF 64

8.2 AWARDING OF CONTRACT: C1778/16 - SUPPLY OF ELECTRICAL SERVICES 71

8.3 AWARDING OF CONTRACT: C1781/16 - SUPPLY OF PLUMBING SERVICES 78

8.4 AWARDING OF CONTRACT: C1809/17- PURCHASE OF NEW LANDFILL COMPACTOR FOR REFUSE DISPOSAL FACILITY (RDF) 86

8.5 AWARDING OF CONTRACT: C1842/17 - RECONSTRUCTION OF CAYLEYS ROAD, MASONS LANE AND WHITES ROAD, WERRIBEE SOUTH 93

9. CONTRACT SUMMARY

9.1 INFRASTRUCTURE CONTRACT SUMMARY 101

10. QUESTIONS WITH NOTICE FROM PUBLIC GALLERY 107

11. COUNCILLOR DELEGATES REPORTS

NIL



12. URGENT BUSINESS

NIL

13. CONFIDENTIAL BUSINESS

NIL

14. CLOSE OF MEETING

The meeting closed at 8.06pm.

PETITIONS ORDINARY COUNCIL MEETING MONDAY, 12 DECEMBER 2016

FILE NO: -

ITEM NO: 6.1.1 DIRECTOR CITY TRANSFORMATION - STEVEN LAMBERT

RESPONSE TO PETITION: OBJECTION TO LEASING OF LAND AT 2 BOYANICH COURT, HOPPERS CROSSING (CORNER OF MORRIS & HOGAN'S ROAD, HOPPERS CROSSING) FOR A TELECOMMUNICATIONS TOWER


Summary

Council received a petition containing 173 signatures, which was tabled at the Ordinary Council Meeting held on 28 November 2016. The petitioners object to the proposed installation and leasing of land at the Reserve on the corner of Morris and Hogan’s Road Hoppers Crossing. The petition states:

“This petition is an objection to the Council granting a lease for Optus/Vodafone constructing a Communications Tower on the Reserve on the Corner of Morris and Hogan’s Road, Hoppers Crossing.”

Attachments

1. Site location 2. Site proposal

Officers’ Declaration of Interests

Under Section 80C of the Local Government Act 1989 (as amended), officers providing advice to Council must disclose any interests, including the type of interest. Director City Transformation – Steven Lambert In providing this advice as the Director, I have no disclosable interests in this report. Manager Finance & Property – Binda Gokhale In providing this advice as the Manager, I have no disclosable interests in this report. Senior Property Management Officer – Roy Notini In providing this advice as the Author, I have no disclosable interests in this report.

Key Issues

The Planning Application for the installation of a telecommunications tower and equipment shelter is closed.

Council’s responsibility falls within s190 of the Local Government Act 1989 and the restriction on power to lease land.

Submissions have been received following public notice of Council’s proposal to lease land. Submissions closed 23 November 2016 and a hearing under s223 of the Local Government Act 1989 is to be held as soon as practicable after the holiday period.

Following Council’s hearing from persons making a submission, a decision on the lease of land is to be considered at an Ordinary Council Meeting.

The petition is considered a submission of objection to the leasing of land and should be considered as part of that process.


FILE NO: -


RESPONSE TO PETITION: OBJECTION TO LEASING OF LAND AT 2 BOYANICH COURT, HOPPERS CROSSING (CORNER OF MORRIS & HOGAN'S ROAD, HOPPERS CROSSING) FOR A TELECOMMUNICATIONS TOWER (cont’d)


RECOMMENDATION

That Council;

1. refer this petition for consideration as part of the hearings of submissions (s223) on the lease of land at 2 Boyanich Court Hoppers Crossing (Corner of Morris and Hogan’s Road) which is to be held as soon as practicable after the holiday period; and

2. invite the lead petitioner to present the petitioners’ objections at the hearing.

MOTION

CRS JOSH GILLIGAN / INTAJ KHAN That Council;

1. refer this petition for consideration as part of the hearings of submissions (s223) on the lease of land at 2 Boyanich Court Hoppers Crossing (Corner of Morris and Hogan’s Road) which is to be held as soon as practicable after the holiday period; and

2. invite the lead petitioner to present the petitioners’ objections at the hearing.

(CARRIED)


FILE NO: -




1. Background

1.1 Planning Application for the Installation of A Mobile Phone Tower Planning permit application WYP8590/15 nominated the site at 2 Boyanich Court Hoppers Crossing for the installation of a telecommunications facility. The land is zoned Public Park and Recreational Zone (PPRZ) and the “Use” or the “Development” of a telecommunications tower on land zoned PPRZ is not prohibited, however, a planning permit is required. The Planning and Environment Act 1987 requires advertising to be undertaken by means of letters to adjoining owners and occupiers and a sign placed on site. In accordance with Section 52 of the Planning and Environment Act, the application was advertised via notices to surrounding owners and occupiers in September 2015, and signs were placed on the subject site for 14 days. 53 objections were received. As a result of the 53 objections received, the application was heard at the Town Planning Forum on 8 February 2016. The Town Planning Forum provided an opportunity for the permit applicant to present the application to Councilors and for the objectors to voice their concerns.

The proposal was assessed against the relevant provisions of the Wyndham Planning Scheme and the Planning and Environment Act 1987. As the application was for “Use and Development” on Council land, the application was then submitted to Council at the Ordinary Council Meeting held on 29 March 2016. At this meeting Council resolved to grant a planning permit for the proposal. A permit was issued on 29 July 2016. The rights for appeal under the Planning and Environment Act have passed and Council is not able to revisit the decision. 1.2 Leasing of Land at 2 Boyanich Court, Hoppers Crossing At the Ordinary Council Meeting on 29 March 2016, Council considered the leasing of land at 2 Boyanich Court, Hoppers Crossing for the installation of a telecommunications facility. At this meeting Council resolved to:

(a) Commence the statutory process for the lease of the parcel of land for 20 years at a commencing rental of $18,000 per annum plus GST in accordance with the Local Government Act;

(b) Invite submissions to the proposal in accordance with Section 223 of the Local Government Act;

(c) If submissions are received, refer to Council for consideration of submissions and a further resolution.

If no submissions are received:

i. Council Officers may finalise the lease of the parcel of land for 20 years at a commencing rental of $18,000 per annum plus GST in accordance with the Local Government Act;


FILE NO: -




ii. Authorise the CEO to sign on behalf of Council, the relevant lease documentation specific to the parcel of land in accordance with statutory provisions.

A public notification process must be undertaken in accordance with the requirements of Sections 190 and 223 of the Local Government Act 1989;

any submissions received in response to the public notification process must be considered by Council, and appropriate resolutions made prior to any lease being executed. If no submissions are received the lease may be finalised subject to Council approval and any related requirements.

In accordance with Section 190 of the Local Government Act 1989 Council must, at least four weeks before the lease is made, publish a public notice of the proposed lease.

An advertisement was placed in the Star Weekly newspaper in accordance with Section 223 of the Local Government Act 1989 on 26 October 2016. The closing date for submissions was 23 November 2016 and Council received approximately 80 formal objections.

Council will provide the opportunity for persons to be heard in support of their submissions at a hearing to be scheduled as soon as practicable after the holiday period.

It is proposed that the petition, which objects to the leasing of land to Vodafone Network Pty Ltd, be referred to the hearing of submissions and the lead petitioner be invited to present in person. This will enable Councillors to consider the submissions received and the petitioners objections in their entirety.

Following the hearing, the leasing of land at 2 Boyanich Court, Hoppers Cross to Vodafone Network Pty Ltd, will be considered at an Ordinary Council Meeting.

2. Discussion

Public Reserve Site Considerations

It should be noted that the planning permit was assessed against the site nominated which was 2 Boyanich Court Hoppers Crossing. Council can only consider planning applications placed before them on the nominated site.

Environmental Impacts

The planning report submitted with the planning permit application provided a response to environmental considerations. The applicant also submitted an electromagnetic energy report. The application was assessed against the Wyndham Planning Scheme and the Environmental impacts were considered during the assessment of the application. Maintenance and Access to Site

In regards to Council’s considerations for the construction and ongoing operations and maintenance, the planning permit has a condition which requires that the applicant submit a “Site Environmental Management Plan” prior to any works commencing.

ATTACHMENT NO: 1 - SITE LOCATION ITEM NO: 6.1.1


ATTACHMENT NO: 2 - SITE PROPOSAL ITEM NO: 6.1.1


STRATEGIC & TOWN PLANNING ORDINARY COUNCIL MEETING MONDAY, 12 DECEMBER 2016

FILE NO: A23568

ITEM NO: 6.4.1 DIRECTOR CITY ECONOMY INNOVATION & LIVEABILITY - KATE ROFFEY

PUBLIC CONSULTATION FOR THE IMPLEMENTATION OF THE HOUSING AND NEIGHBOURHOOD CHARACTER STRATEGY 2015


Summary

The Wyndham Housing and Neighbourhood Character Strategy was adopted by Council at the Ordinary Council Meeting on 24 August 2015. The Strategy was prepared to provide a framework for the implementation of the new residential zones introduced by the State Government into the Victoria Planning Provisions in June 2013. The purpose of the Strategy is to guide the growth and change of residential areas in Wyndham. The Strategy is now ready to be implemented into the Wyndham Planning Scheme, by applying new residential zones to existing residential areas; updating the Municipal Strategic Statement and relevant local policies, and applying overlays to specific precincts requiring special guidance. Draft planning scheme controls have been prepared based on the Strategy findings, and refined using internal workshops and consultation with Councillors and planning officers, as well as being tested on live planning permit applications. The purpose of this report is to seek Council’s approval to consult with the community on the draft planning scheme controls and use the feedback to refine the controls, before seeking any formal amendments to the Wyndham Planning Scheme.

Attachments

1. Reference Documents - printed in separate document


Under Section 80C of the Local Government Act 1989 (as amended), officers providing advice to Council must disclose any interests, including the type of interest. Director City Economy Innovation & Liveability – Kate Roffey In providing this advice as the Director, I have no disclosable interests in this report. Manager Urban Futures – Aaron Chiles In providing this advice as the Manager, I have no disclosable interests in this report. Principal Planning Projects Officer - Maureen Tesoro In providing this advice as the Author, I have no disclosable interests in this report.

Key Issues

Planning Scheme Amendment Documents

Consultation Approach

Further Work

Next Steps


FILE NO: A23568


PUBLIC CONSULTATION FOR THE IMPLEMENTATION OF THE HOUSING AND NEIGHBOURHOOD CHARACTER STRATEGY 2015 (cont’d)


RECOMMENDATION

That Council:

1. Endorse the draft planning scheme controls for public consultation as part of the implementation of the Wyndham Housing and Neighbourhood Character Strategy 2015;

2. Endorse changes to be made to update the Wyndham Housing and Neighbourhood Character Strategy 2015 for the purposes of consultation;

3. Agree to seek the communities’ comments on the draft planning controls from 19 January

to 17 March 2017; and

4. Note that the draft planning scheme controls are not necessarily the final planning scheme amendment controls and are subject to review following community feedback.

MOTION

CRS INTAJ KHAN / JOHN GIBBONS That Council:

1. Endorse the draft planning scheme controls for public consultation as part of the implementation of the Wyndham Housing and Neighbourhood Character Strategy 2015;

2. Endorse changes to be made to update the Wyndham Housing and Neighbourhood Character Strategy 2015 for the purposes of consultation;

3. Agree to seek the communities’ comments on the draft planning controls from 19 January

to 17 March 2017; and

4. Note that the draft planning scheme controls are not necessarily the final planning scheme amendment controls and are subject to review following community feedback.

(CARRIED)


FILE NO: A23568




1. Background

The Wyndham Housing and Neighbourhood Character Strategy was adopted by Council at the Ordinary Council Meeting on 24 August 2015. The Strategy was prepared to provide a framework for the implementation of the new residential zones introduced by the State Government into the Victoria Planning Provisions in June 2013. The purpose of the Strategy is to guide the growth and change of residential areas in Wyndham. Extensive consultation was undertaken during the preparation of the Strategy and community and stakeholder engagement has been a key foundation in its development. Consultation included Wyndham Neighbourhood Listening Posts, Council’s website, focus groups, advertisements in the local newspaper, Wyndham News, posters and postcards in key Council locations, letters to key stakeholders and three community drop-in sessions. The Strategy responds to significant changes happening in the City as a result of rapid population growth, change in demographics, need for diversification of housing stock and housing affordability. An Implementation Plan and Consultation Strategy was endorsed by Council on 23 November 2015, which outlined the next steps and priorities of the Strategy. The Strategy is now being used in the assessment of permit applications as an adopted Strategy of Council and has been largely successful. Permits that have been appealed at VCAT have resulted in commentary within the VCAT decisions that highlights an urgency to implement the Strategy through the new zones and other changes to the Wyndham Planning Scheme discussed in this report. The draft controls have been prepared and updated based on a workshop with Councillors and seeking comments from Council planning officers. The draft schedules have also been tested in assessing live planning permit applications.

2. Discussion

2.1 Planning Scheme Amendment Documents

To implement the Strategy, a Planning Scheme Amendment needs to be prepared. This has been nominated as a high priority (1-3 years) in the Implementation Plan. Changes to the Wyndham Planning Scheme that are proposed include:

Applying the new residential zones,

Updating the Municipal Strategic Statement and local policies; and

Applying overlays to specific precincts. These controls if adopted will give statutory effect to what the Strategy says in relation to residential development. Proposed Schedules to the Residential Zones The Strategy sets three housing change areas in the municipality that will then be translated to new residential zones. The three key change areas in the Strategy are:

a. Limited Change to be translated to Neighbourhood Residential Zone;


FILE NO: A23568




b. Incremental Change to be translated to General Residential Zone; and

c. Substantial Change to be translated to Residential Growth Zone.

Criteria have been developed to create a consistent and justifiable basis for the application of the change areas, and in turn the application of the new zones. The Limited Change areas within the City have a significant and established neighbourhood character, heritage and environmental values, large lot sizes or significant development constraints. The proposed Neighbourhood Residential Zone will restrict housing growth and seek to protect identified neighbourhood character. The proposed zone will include limitations for the number of dwellings able to be built on the land as well as subdivision restrictions. The Incremental Change areas encompass residential areas without any significant redevelopment constraints, generally located outside reasonable walking distances of key public transport routes and services. The proposed General Residential Zone aims to ensure development respects and preserves neighbourhood character while allowing modest housing growth and diversity. Incremental Change with Access incorporates land located within 800m within an existing or proposed train station, 400m of a neighbourhood activity centre and 400m of selected parts of a Principal Public Transport Network (PPTN). The Substantial Change areas will provide for housing growth with increased densities along the Principal Public Transport Network (PPTN), around larger activity centres and train stations as well as for strategic development sites. Housing change will generally be in the form of apartment, shop-top, townhouse and unit developments of up to four storeys (around the PPTN) and above (around larger activity centres and train stations). The proposed Residential Growth Zone enables new housing growth and allows greater diversity in appropriate locations while providing certainty about the expected built form outcomes. This zone encourages the greatest residential density and scale of development amongst the three new residential zones. Council officers have drafted a number of schedules to each zone based on local context (i.e. landscaping, setbacks, etc.). The schedules provide minimum requirements for setbacks, landscaping, site coverage, private open space, permeability, front fence heights and heights of buildings. The schedules will be considered in all planning applications for residential development primarily for construction or extension of a dwelling on a lot less than 300sqm or for construction of two or more dwellings on a lot (multi-unit developments). The Municipal Strategic Statement and Local Policies The Municipal Strategic Statement (MSS) sets out the vision, objectives and strategies for managing land use and development. It will be updated to implement the high level policy direction of the Strategy. The Strategy applies to all existing and future residential land in the City of Wyndham and the MSS will provide the guidance and direction as to what change areas are and how they are applied. In addition, local policies that help Council exercise its discretion on certain matters will be amended. This includes the Non-Residential Uses in Residential Zones Policy and the Neighbourhood Character Policy which will be impacted by the proposed changes to the Residential Zones. The changes in policy will reflect the criteria in the Housing and Neighbourhood Character Strategy for Limited Change Areas and update the Neighbourhood Character Policy.


FILE NO: A23568




Draft Design and Development Overlay (DDO) – Protection of Major Infrastructure The purpose of the DDO is to identify areas which are affected by specific requirements relating to the design and built form of new development. The DDO aims to protect the White Oil Pipeline that runs through the municipality, specifically affecting residential land bounded by the Princes Highway, Werribee train line and Derrimut Road in Hoppers Crossing. The overlay has been developed in response to, and in collaboration with Viva Energy, who manages the pipeline. A Safety Management Study Report prepared in collaboration with Viva Energy considered the area for substantial change and recommended various mechanisms being put in place to manage development. The proposed DDO will be applied to specific properties affected by the pipeline and gives guidance on the development of the land and ensures that:

all buildings and works and in particular buildings planned to accommodate people are sufficiently separated from major pipeline infrastructure;

development does not inhibit access to the site by authorised officers for pipeline surveillance and maintenance;

risks associated with any development are identified and managed in accordance with the relevant Australian Standards under the Pipelines Act 2005 and Pipelines Regulations 2007.

Heritage Overlay The Strategy has also identified an area in Carter Avenue as a place of significance for historical and aesthetic reasons. Carter Avenue, which is an offshoot of the main Carter Estate around Mary Avenue was developed from the 1940s and into the 1960s. The houses in the precinct use materials such as face brick and tile which was consistent with the materials of the houses within the Carter Estate. The Strategy recommended a Heritage Overlay to be applied to the Carter Avenue Precinct, subject to a Statement of Significance being prepared. The Statement of Significance has now been prepared and the extent of the overlay, as determined by the heritage advisor, is shown in the image below.


FILE NO: A23568




Updating the Housing and Neighbourhood Character Strategy Since the adoption of the Strategy, errors have been corrected where the incorrect housing change area has been applied. For example, errors have incurred due to commencement of residential development after the Strategy has commenced and some boundary changes. Council officers have recently identified that incorrect boundaries have been used for the East Werribee Employment Precinct Structure Plan (PSP) as well as incorrect locations for Local Town Centres in the Truganina PSP and the Ballan Road PSP. The maps will be updated to reflect the correct boundaries and locations in these PSPs. Other minor amendments are being made to make the Strategy more coherent. The Strategy is also being updated to move Limited Incremental Areas into the Limited Change Area maps. The Limited Incremental Areas suit this change area better than the Incremental Change Area because of its more restrictive requirements on development consistent with the criteria in the Strategy. The maps in the Strategy that show these areas will be updated as well. A new suite of maps will be included in the proposed public consultation materials to make sure that the community is aware of these changes. A summary table of changes is attached with this report which includes some minor wording changes and detailed description of mapping changes.

2.2 Consultation Approach

A cross-organisational control group has been established including representation from Planning Policy & Projects, Strategic Communications & Marketing and Governance & Community Engagement. The purpose of this group is to manage the consultation milestones, approve messaging in any consultation material that will go out to the community and to provide assistance in reaching out to as many residents as possible. The purpose of the first stage of consultation is to promote Council’s adopted Housing & Neighbourhood Character Strategy and to gauge interest in the draft controls and identify community concerns. A mixture of online and paper information will be used for the consultation period as well as face-to-face meetings. Key groups within the community that will be interested in the draft schedules to the Residential Zones have been identified (for example residents in


FILE NO: A23568




the Limited Change Areas, Tarneit and Sayers Road precinct residents, heritage community groups, planning permit applicants and developers), and targeted consultation will occur with these groups. The community will be asked to comment on the proposed zones and whether the schedules are appropriately drafted to respect the character of their neighbourhood. Some community members may have comments regarding which zone their property will be in (particularly where two change areas as identified in the Strategy apply, i.e. the change areas in the Strategy are less detailed than the proposed zone boundaries). The proposed public consultation will be for an extended period beginning 19 January to 17 March 2017. This will give the residents time to know more about the changes proposed by the new residential zones and submit their comments to Council officers. The consultation will inform the public of changes that are proposed to be made with regards to the residential zones and their submissions will be considered prior to the legislated public exhibition. During the public consultation, the Town Planners will be requested to assess live applications against the most up to date versions of the draft schedules to the Residential Zones. This will put the draft schedules in the context of a variety of applications for development that are received on a daily basis.

2.3 Further Work

The Strategy also identified other work that needs to be undertaken to improve housing outcomes in the City such as Design Guidelines for High Density Housing, preparation of a Housing Diversity Strategy and Housing Affordability Strategy. The Planning Scheme Amendment does not address these items, but all of this work is outlined in the Implementation Plan adopted by Council on 23 November 2015 and will be developed by various Departments as part of future business planning and budgetary processes.

2.4 Next Steps

After the public consultation, Council will be asked to consider the comments made by the community and stakeholders, and determine what changes if any need to be made to the controls. Council will be asked to consider whether the draft controls are in a format to proceed to the preparation of a Planning Scheme Amendment. Subject to Council’s support, the amendment will be prepared and exhibited in accordance with the requirements of the Planning and Environment Act 1987 and any direction from the Minister for Planning. At this stage, the community will have another opportunity to comment on the revised planning controls. During this stage, where a submission cannot be resolved, an independent Planning Panel will be convened to provide advice.

3. City Plan

Sustainable Growth - To ensure Wyndham's population growth is matched by the development of new physical, social and economic infrastructure, while protecting the City's existing assets


FILE NO: A23568




4. Wyndham 2040 Vision

People and Community:

The implementation of the Housing and Neighbourhood Character Strategy provides for certainty in the community which will encourage the people of Wyndham to be connected to each other.

Places and Spaces:

The implementation of the Housing and Neighbourhood Character Strategy will facilitate diverse range of housing types within the City.

5. Council Policy Council adopted the Wyndham Housing and Neighbourhood Character Strategy in August 2015. The amendment documents have been drafted to implement the vision and objectives of this adopted Strategy. The Vision “The City of Wyndham will contain a variety of dwelling types, designs and lot sizes which meet the needs of current and future residents. Housing will be affordable, environmentally sustainable and responsive to its surrounding context. Medium and high density housing will be located in walkable catchments around public transport networks and activity centres. Lower density housing will be retained and protected in the City’s semi-rural suburbs. Residential streets will be leafy and green, with substantial landscaping within the public and private realm. New housing will be well designed and contribute to the area’s preferred neighbourhood character. New housing will enhance Wyndham’s great community spirit and strong sense of identity.”

6. Financial Implications

The implementation of the Strategy will involve two stages of public consultations. This will be the first stage of consultation and will involve costs on media support, print communication, online communication and face-to-face consultations.

7. Social Implications The Strategy considers housing related social issues within Wyndham City such as housing diversity, housing affordability and sustainability. The Strategy on which this implementation is embedded provides a framework of actions that will enable Council to determine its role in the resolution of these issues. An extensive public consultation will help the community understand how the new draft schedules to the Residential Zones will impact on their property. They will have an opportunity to provide their comments through a number of different consultation processes as discussed above.


FILE NO: A23568




8. Environmental Implications

Directing housing growth to appropriate locations will enable the better utilisation of existing services. Higher density housing along public transport routes and surrounding activity centres will provide an alternative to car based transport. This will have positive implications for the environment and sustainability.

9. Economic/Employment Considerations

The proposed draft schedules will direct higher density development around activity centres that will strengthen the catchment of smaller activity centres, allowing greater viability.

10. Community Consultation

Subject to Council’s endorsement, consultation on the draft controls will occur between 19 January and 17 March 2017 and will involve:

Publications to all Wyndham ratepayers;

Letters to owners/occupants in Limited Change Areas;

Direct notice to key stakeholders;

Postcards / posters displayed in locations across Wyndham (libraries, community centres);

Dedicated website;

Video promotion; and

Information sessions (across various locations in Wyndham).

11. Communication Strategy

A cross-organisational control group has been established including representation from Planning Policy & Projects, Strategic Communications & Marketing, and Governance & Community Engagement. The purpose of this group is to manage the consultation milestones, approve messaging in any consultation material that will go out to the community and providing assistance in reaching out to as many residents as possible. This report relates to the first phase of consultation. The second phase of consultation will occur as part of the planning scheme amendment process, once all submissions on phase one have been considered. Submitters to the planning scheme amendment will have an opportunity to present and be heard by an independent panel if their concerns cannot be addressed.


FILE NO: WYP9331/16

ITEM NO: 6.4.2 DIRECTOR CITY OPERATIONS - STEPHEN THORPE

WYP9331/16 - USE AND DEVELOPMENT OF THE LAND FOR THE PURPOSE OF AN OPEN SPORTS GROUND - 44 WILLIAMS LANDING BOULEVARD


Summary

Wyndham City intends to provide an open sports ground consisting of AFL/cricket ovals/soccer pitches, tennis/netball courts, cricket nets and a playground at 44 Williams Landing Boulevard, Williams Landing. These works are proposed for Stage 1, with Stage 2 works consisting of a sports pavilion and car parking. The project addresses the need for a sporting facility within the Williams Landing community. The sporting facility was identified in the endorsed development plan DP082/09 for the Williams Landing Estate Kingwell Neighbourhood. The proposal is supported by the relevant provisions of the Wyndham Planning Scheme, including State and Local Planning Policy Framework, the Priority Development Zone and the decision guidelines of Clause 65. The application was advertised and a total of six (6) objections were received. On this basis, it is recommended that Council issues a Notice of Decision to Grant a Planning Permit.

Attachments

1. Plans - printed in separate document


Under Section 80C of the Local Government Act 1989 (as amended), officers providing advice to Council must disclose any interests, including the type of interest. Director City Operations - Stephen Thorpe In providing this advice as the Director, I have no disclosable interests in this report. Manager Planning & Building - Peter Van Til In providing this advice as the Manager, I have no disclosable interests in this report. Senior Town Planning Officer - Rachel Bartlett In providing this advice as the Author, I have no disclosable interests in this report.

Key Issues

Objections received

Provision of community facilities

Compliance with the Wyndham Planning Scheme


FILE NO: WYP9331/16


WYP9331/16 - USE AND DEVELOPMENT OF THE LAND FOR THE PURPOSE OF AN OPEN SPORTS GROUND - 44 WILLIAMS LANDING BOULEVARD (cont’d)


RECOMMENDATION

That:

Council resolve to issue a Notice of Decision to Grant a Planning Permit for the use and development of the land for the purpose of an open sports ground at 44 Williams Landing Boulevard, Williams Landing with the following conditions: No Alteration Layout

1. The development and/or use(s) permitted by this permit as shown on the endorsed plan(s) and/or described in the endorsed documents must not be altered or modified (for any reason) except with the prior written consent of the Responsible Authority.

Delivery of Stage 2 works (Pavilion and Car Park)

2. The pavilion and car park must be delivered within two years of the date of this permit being granted, unless otherwise agreed to in writing by the Responsible Authority.

Baffled Lighting

3. Outdoor lighting must be designed, baffled and located to the satisfaction of the Responsible Authority such that no direct light is emitted outside the boundaries of the subject land.

Sports field and tennis/netball court lighting

4. The lighting to the sports fields and tennis/netball courts must only be switched on during the periods that the fields and courts are in use. These lights must be switched off at all other times to the satisfaction of the Responsible Authority.

Construction Phase

5. All activities associated with the construction of the development permitted by this permit must be carried out to the satisfaction of the Responsible Authority and all care must be taken to minimise the effect of such activities on the amenity of the locality. Measures must be taken to suppress dust, noise or other emissions during construction to prevent nuisance to surrounding neighbours as defined by the Public Health and Wellbeing Act 2008.

Construction Noise

6. Construction and/or demolition works must comply with the requirements specified in the Environment Protection Authorities, Noise Control Guidelines Publication 1254, October 2008.

No Mud on Roads

7. No mud, crushed rock or other debris is to be permitted to be carried onto public roads or footpaths from the subject land. Appropriate measures must be in place at all times during construction to prevent this occurrence to the satisfaction of the Responsible Authority.


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During Construction

8. Measures must be taken to suppress dust, noise or other emissions during construction to prevent nuisance to surrounding neighbours s defined by the Public Health and Wellbeing Act 2008. Construction and/or demolition works must comply with the requirements specified in the Environment Protection Authorities, Noise Control Guidelines Publication 1254, October 2008.

Stormwater

9. The whole of the subject land, including landscaped and paved areas, must be drained to the legal point of discharge to the satisfaction of the Responsible Authority.

Litter Control

10. An adequate number of public rubbish bins are to be supplied in the vicinity to prevent litter.

Graffiti Prevention Measures

11. Any walls / spaces accessible to the public must be treated in accordance with Safer Design and CPTED (Crime Prevention Through Environmental Design) Principles. Where appropriate the following measures must be implemented to the satisfaction of the Responsible Authority: (a) Use of textured or rough services that make it difficult to apply graffiti. (b) Use of permeable fencing instead of solid walls. (c) Construct buildings with high-density, low absorbency materials. (d) Use anti-graffiti coating to protect the surface when building or revitalising the walls

(including façade). (e) Install sensor lighting and / or enhance surveillance to deter graffitists. (f) Break up large surfaces to minimise the canvas available for graffitists. (g) Use measures to make the surface less accessible to the public.

Maintenance of Property

12. The permit holder/occupier must promptly remove or obliterate any graffiti on the subject site which is visible to the public and keep the site free from graffiti at all times to the satisfaction of the Responsible Authority.

Completion of Development and Commencement of Use

13. This permit will expire if one of the following circumstances applies; (a) The development and/or use is not started within two (2) years of the date of this

permit; (b) The development is not completed within four (4) years of the date of this permit; (c) The use is not commenced within two (2) years from the date hereof or is

discontinued for a period of two (2) years.


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The Responsible Authority may extend the periods referred to if a request is made in writing whereby either of the following instances apply: (a) before or within six (6) months after the permit expiry date, where the use or

development allowed by the permit has not yet started; or (b) within twelve (12) months after the permit expiry date, where the proposal allowed

by the permit has lawfully started before the permit expires. Expiry of Permit

FOOTNOTE: In the event that this permit expires or the subject land is proposed to be used or developed for purposes different from those for which this permit is granted, there is no guarantee that a new permit will be granted. If a new permit is granted then the permit conditions may vary from those included on this permit having regard to changes that might occur to circumstances, the planning scheme or policy. Building Approval

FOOTNOTE: This permit is issued pursuant to the provisions of the Wyndham Planning Scheme and does not relieve the permit holder of the necessity to obtain a building permit pursuant to the Building Act 1993 prior to commencement of any construction or works on any part of the site.

MOTION

CRS PETER MAYNARD / INTAJ KHAN

That:

Council resolve to issue a Notice of Decision to Grant a Planning Permit for the use and development of the land for the purpose of an open sports ground at 44 Williams Landing Boulevard, Williams Landing with the following conditions: No Alteration Layout

1. The development and/or use(s) permitted by this permit as shown on the endorsed plan(s) and/or described in the endorsed documents must not be altered or modified (for any reason) except with the prior written consent of the Responsible Authority.

Delivery of Stage 2 works (Pavilion and Car Park)

2. The pavilion and car park must be delivered within two years of the date of this permit being granted, unless otherwise agreed to in writing by the Responsible Authority.

Baffled Lighting

3. Outdoor lighting must be designed, baffled and located to the satisfaction of the Responsible Authority such that no direct light is emitted outside the boundaries of the subject land.


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Sports field and tennis/netball court lighting

4. The lighting to the sports fields and tennis/netball courts must only be switched on during the periods that the fields and courts are in use. These lights must be switched off at all other times to the satisfaction of the Responsible Authority.

Construction Phase

5. All activities associated with the construction of the development permitted by this permit must be carried out to the satisfaction of the Responsible Authority and all care must be taken to minimise the effect of such activities on the amenity of the locality. Measures must be taken to suppress dust, noise or other emissions during construction to prevent nuisance to surrounding neighbours as defined by the Public Health and Wellbeing Act 2008.

Construction Noise

6. Construction and/or demolition works must comply with the requirements specified in the Environment Protection Authorities, Noise Control Guidelines Publication 1254, October 2008.

No Mud on Roads

7. No mud, crushed rock or other debris is to be permitted to be carried onto public roads or footpaths from the subject land. Appropriate measures must be in place at all times during construction to prevent this occurrence to the satisfaction of the Responsible Authority.

During Construction

8. Measures must be taken to suppress dust, noise or other emissions during construction to prevent nuisance to surrounding neighbours s defined by the Public Health and Wellbeing Act 2008. Construction and/or demolition works must comply with the requirements specified in the Environment Protection Authorities, Noise Control Guidelines Publication 1254, October 2008.

Stormwater

9. The whole of the subject land, including landscaped and paved areas, must be drained to the legal point of discharge to the satisfaction of the Responsible Authority.

Litter Control

10. An adequate number of public rubbish bins are to be supplied in the vicinity to prevent litter.


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Graffiti Prevention Measures

11. Any walls / spaces accessible to the public must be treated in accordance with Safer Design and CPTED (Crime Prevention Through Environmental Design) Principles. Where appropriate the following measures must be implemented to the satisfaction of the Responsible Authority: (a) Use of textured or rough services that make it difficult to apply graffiti. (b) Use of permeable fencing instead of solid walls. (c) Construct buildings with high-density, low absorbency materials. (d) Use anti-graffiti coating to protect the surface when building or revitalising the walls

(including façade). (e) Install sensor lighting and / or enhance surveillance to deter graffitists. (f) Break up large surfaces to minimise the canvas available for graffitists. (g) Use measures to make the surface less accessible to the public.

Maintenance of Property

12. The permit holder/occupier must promptly remove or obliterate any graffiti on the subject site which is visible to the public and keep the site free from graffiti at all times to the satisfaction of the Responsible Authority.

Completion of Development and Commencement of Use

13. This permit will expire if one of the following circumstances applies; (a) The development and/or use is not started within two (2) years of the date of this

permit; (b) The development is not completed within four (4) years of the date of this permit; (c) The use is not commenced within two (2) years from the date hereof or is

discontinued for a period of two (2) years. The Responsible Authority may extend the periods referred to if a request is made in writing whereby either of the following instances apply: (a) before or within six (6) months after the permit expiry date, where the use or

development allowed by the permit has not yet started; or (b) within twelve (12) months after the permit expiry date, where the proposal allowed

by the permit has lawfully started before the permit expires. Expiry of Permit

FOOTNOTE: In the event that this permit expires or the subject land is proposed to be used or developed for purposes different from those for which this permit is granted, there is no guarantee that a new permit will be granted. If a new permit is granted then the permit conditions may vary from those included on this permit having regard to changes that might occur to circumstances, the planning scheme or policy.


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Building Approval

FOOTNOTE: This permit is issued pursuant to the provisions of the Wyndham Planning Scheme and does not relieve the permit holder of the necessity to obtain a building permit pursuant to the Building Act 1993 prior to commencement of any construction or works on any part of the site.

(CARRIED)

CR AARON AN ABSTAINED FROM VOTING ON THIS ITEM.


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1. Background

Proposal Summary The proposal is for the use and development of the land for an open sports grounding consisting of AFL/cricket ovals/soccer pitches, tennis/netball courts, cricket nets and a playground. The land is currently vacant and has been nominated in the Williams Landing Development Plan (DP0082/09) as a regional recreation facility within the Kingwell Neighbourhood. Wyndham’s growth corridors require the provision of active open space facilities such as ovals, sporting pitches and pavilions. The major purpose of this project is to provide adequate recreation and open space facilities to satisfy the sporting and leisure needs of a growing community within Williams Landing. The planning for this green field site is informed by Council’s Active Open Space and Recreation in Growth Areas Report 2007. The proposal has been split into two stages. Stage 1 has been proposed in this application and includes the AFL/cricket ovals/soccer pitches, tennis/netball courts, cricket nets and a playground. Stage 2 which will require additional planning approval will consist of the car park and sports pavilion. Site and Surrounds The subject site is formally described as Reserve 1 on Plan of Subdivision 703028J and is known as 44 Williams Landing Boulevard, Williams Landing. The subject site is located on the eastern side of Palmers Road and northern side of Williams Landing Boulevard. The site is located within the Priority Development Zone – Schedule 1 (PDZ1) and no overlays cover the site. The site is regular in shape and has an overall area of 9 hectares. The site is bounded by four roads and access to the site will be via two crossovers to the car park located on the Williams Landing Boulevard frontage which are within Stage 2. Additionally, the site is predominantly flat and does not contain any significant vegetation. The surrounding area is residential in nature, with the lots to the north, east and west having already been developed with dwellings. The land to the south is currently under construction and forms part of the Addison Neighbourhood. Further south of the Addison Neighbourhood and to the south/west of the site is the Williams Landing Town Centre. The application site is located 1.2km from Williams Landing Train Station and Williams Landing Shopping Centre.


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Figure 1: Aerial photograph of 44 Williams Landing Boulevard Site History A petition request proceeded to an Ordinary Council Meeting on the 24 November 2014 which flagged this site as a potential site for a school in Williams Landing. The petition was from a group called ‘Residents of the Suburb of Williams Landing’ which contained 158 signatures, requesting Council to work together with the State Government and Williams Landing developer Cedar Woods to build a public school in Williams Landing as soon as possible. The provision of public schools across the municipality is the responsibility of the State Government, through the Department of Education and Early Childhood Development (DEECD). Council staff currently work with DEECD staff to advocate for school facilities and provide advice on growth within the municipality as well as existing and future needs for school sites. The recommendation adopted at the Ordinary Council Meeting was that Council:

1. Receive the petition; 2. Call for a report on the State’s current plans for schools across Wyndham; 3. Continue to work with the State Government on school planning: and 4. Inform residents of Williams Landing of the State’s plans.

The above recommendation was undertaken by Council and a letter was sent to residents on the 30 June 2016 reporting the findings. The letter advised:


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Thank you for raising your concerns about the need for a school in Williams Landing, with Council. We have received a number of letters from Williams Landing residents about this issue. As you may be aware, we gather data from a range of sources to determine priorities for social infrastructure across Wyndham. This includes Census data (due again this year), planning approval data, information from building permits, current demographic data through annual updates, State Government data, and any other data that we can source. From this, we determine which facilities are most needed and in which areas. I am sure you understand that with Wyndham’s high growth, there is a great demand for infrastructure across the entire municipality. In relation to schools, we liaise closely with the Department of Education and Training to determine priorities for Wyndham. The advice we have received is that the government schooling needs for Williams Landing are planned to be met by schools provision in Truganina, nearby to Williams Landing. Council will continue to monitor data to ensure we understand the growth in Williams Landing and across the municipality. I can assure you that if the data was to change significantly and therefore warrant a reprioritisation of school allocation we would certainly review our position and advocate for this on your behalf. In addition, in the medium to longer term, we are hoping that parts of the Laverton RAAF base will be surplus to requirement, and that future direct access from Williams Landing to schools in Laverton may be possible. I trust this will go some way to reassuring you that while Williams Landing is not currently a priority for a school, we will continue to monitor the demands for services in the area and advocate with the State Government to ensure that the needs of local residents are addressed.

It has been established by the Department of Education that the school provisions in Williams Landing have been met, with schools provided in nearby Truganina and that Williams Landing is currently not a priority for the provision of a school. This site has been nominated in the endorsed development plan as a regional recreation facility and not as a school site, with the decision guidelines of Schedule 1 to the Priority Development Zone requiring consideration to the provisions of any applicable approved development plan. Title Details The subject site is formally described as Reserve 1 on Plan of Subdivision 703028J and is known as 44 Williams Landing Boulevard. There are no restrictive covenants registered on the title and no easements run through the site. Site Inspection A site inspection was conducted on the 27 October 2016 and was found to be as per the application drawings. The site is generally flat in terms of topography.


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Figure 2: Photo of the subject site Advertising In accordance with Section 52 of the Planning and Environment Act, the application was advertised to adjoining and surrounding owners and occupants, and four signs were placed on the subject site for 14 days commencing on 21 September 2016. A total of 6 objections were received. A summary table of objections and officer responses is included in the Community Consultation section later in this report.

2. Discussion

State Planning Policy Framework

The following clauses of the SPPF are relevant to the consideration of this application: Clause 11.02-1 – Supply of Urban Land Objective To ensure a sufficient supply of land is available for residential, commercial, retail, industrial, recreational, institutional and other community uses.


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Relevant strategies include:

Ensure the ongoing provision of land and supporting infrastructure to support sustainable urban development

Clause 11.03-1 – Open Space Planning Objective To assist creation of a diverse and integrated network of public open space commensurate with the needs of the community. Relevant strategies include:

Are linked through the provision of walking and cycle trails and rights of way.

Are integrated with open space from abutting subdivisions.

Ensure that land is set aside and developed in residential areas for local recreational use and to create pedestrian and bicycle links to commercial and community facilities.

Ensure that urban open space provides for nature conservation, recreation and play, formal and informal sport, social interaction and peace and solitude. Community sports facilities should be accommodated in a way that is not detrimental to other park activities.

Ensure open space is designed to accommodate people of all abilities, ages and cultures.

Provide new parkland in growth areas and in areas that have an undersupply of parkland.

Clause 11.03-2 – Open Space Management Objective To provide for the long term management of public open space. Relevant strategies include:

Encourage management plans or explicit statements of management objectives for urban parks to be developed.

Ensure exclusive occupation of parkland by community organisations is restricted to activities consistent with management objectives of the park to maximise broad community access to open space.

Ensure the provision of buildings and infrastructure is consistent with the management objectives of the park.

Clause 11.04-4 – Liveable Communities and Neighbourhoods

Objective To create healthy and active neighbourhoods and maintain Melbourne’s identity as one of the world’s most liveable cities.


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Relevant strategies include:

Create neighbourhoods that support safe communities and healthy lifestyles.

Plan for future social infrastructure.

Make the city greener.

Create more great public places throughout Melbourne.

Clause 15.01-3 – Neighbourhood and Subdivision Design Objective To ensure the design of subdivisions achieves attractive, liveable, walkable, cyclable, diverse and sustainable neighbourhoods. Relevant strategies include:

Creating compact neighbourhoods that have walkable distances between activities and where neighbourhood centres provide access to services and facilities to meet day to day needs.

Creating a range of open spaces to meet a variety of needs with links to open space networks and regional parks where possible.

Creating a strong sense of place because neighbourhood development emphasises existing cultural heritage values, well designed and attractive built form, and landscape character.

Developing activity centres that integrate housing, employment, shopping, recreation and community services, to provide a mix and level of activity that attracts people, creates a safe environment, stimulates interaction and provides a lively community focus.

Planning Officer Comment The proposal is considered to adequately respond to State Planning Policy Framework in that the proposal provides a recreational and community use within an area that is currently lacking these types of facilities. It is acknowledged that there are many areas of passive open space within Williams Landing, however there are currently no areas of active open space that contain sporting facilities. Clause 11.02-1 requires that there is sufficient supply of land available for recreational and community uses by ensuring the ongoing provision of land and supporting infrastructure to support sustainable urban development. Additionally, Clause 11.03-1 looks at the creation of a diverse and integrated network of public open space to commensurate with the needs of the community. The strategies include to ensure that urban open space provides for nature conservation, recreation and play, formal and informal sport, social interaction and peace and solitude. It is considered that the proposal provides for all these services with a mixture of formal sports grounds, play areas and open spaces for social interaction, informal sport and peace and solitude. On this basis it is considered that the proposal has adequately responded to the State Planning Policy Framework.


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Local Planning Policy Framework Clause 21.02-2 - Open space Open space in Wyndham ranges from major sports reserves to linear parks along waterways and small parks in residential areas. Open spaces play a variety of roles including supporting healthy lifestyles. There is a need to consolidate and improve the quality of existing public open spaces and their connectivity to surrounding areas. There is also a need to ensure that urban development is designed to connect people with open spaces that capitalise on links such as road, drainage reserves and waterway corridors. Key issues

Developing an integrated and accessible open space network that will provide for the recreation needs of communities while preserving natural features, sustaining biodiversity and healthy waterways.

Providing appropriate levels and types of open space to meet the needs of the community.

Providing major sports areas as well as smaller, localised open spaces.

Objective 3 To ensure adequate provision of open space in residential, commercial and industrial areas. Relevant Strategies include:

In residential growth areas, provide a network of quality, well-distributed, multifunctional and cost effective open space catering for a broad range of users.

In residential infill areas, provide relatively more public open space in areas of higher density development where private open space is reduced.

Objective 4 To achieve access to a range of appropriately maintained leisure, open space and recreational opportunities (active and passive). Relevant Strategies include:

Provide active and passive open space areas in new and existing communities.

Ensure that active open space contribution is unencumbered by flooding or easements, as appropriate.

Ensure that any encumbrances on proposed passive open space do not restrict the suitability of the open space for its identified open space functions including maintenance.

Maximise passive open space opportunities along waterways and coastal areas.

Provide passive recreation and pedestrian and bicycle access along waterway and other linear corridors, providing that it does not compromise environmental values.

Maximise opportunities for multi-use open space.

Locate appropriate community and cultural facilities near open space.


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Objective 5 To integrate landscape and environmental features into the regional open space system. Relevant Strategies include:

Encourage active frontages and community surveillance of open space areas.

Ensure that streets adjoin (and the fronts of housing face) open space reserves.

Encourage connectivity of open space to natural environment and landscape features.

Ensure open space assists in mitigating urban heat island effects by retaining natural features and vegetation.

Clause 21.10-1 Community facilities Key issues

Ensuring infrastructure provision keeps pace with population and housing growth.

Delivering facilities that support the health and wellbeing of the community.

Providing solutions that encourage a healthy, well and safe community.

Objective 1 To ensure responsible development of new physical, social and economic infrastructure to meet the needs of the community during rapid growth. Strategies Support convenient access across the municipality to a greater range of health, educational, social and recreational facilities and services. Develop and maintain community facilities that are multifunctional and accessible to the community in terms of cost, location, administration and design. Appropriate recreation and community facilities that are compatible with the needs, character and socio-economic profile of the local area. 21.10-2 Development infrastructure Urban growth requires costly transport, hydraulic, community and recreation infrastructure. While the State Government will continue to provide major infrastructure, it is acknowledged that Council and developers will need to invest in infrastructure to service the City’s projected growth. Infrastructure funding will be needed if Wyndham’s long term infrastructure requirements are to be met for major local roads, pathways, open space, and key community and recreation facilities. Key issues

Ensuring adequate physical infrastructure to accommodate future growth.

Ensuring that growth is staged so that it aligns with the appropriate provision of urban infrastructure.

Ensuring the provision of physical infrastructure minimises any adverse environmental and health impacts.


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Objective 3 To ensure adequate physical infrastructure for future development needs. Strategies Ensure services meet known and anticipated demands for physical, financial and population growth. Planning Officer Comment The proposal is considered to adequately respond to Local Planning Policy Framework in that the proposal provides a recreational and community use within an area that is currently lacking in this infrastructure. Clause 21.02-2 looks at developing an integrated and accessible open space network that will provide for the recreation needs, to provide appropriate levels and types of open space to meet the needs of the community and to provide major sports areas as well as smaller, localised open spaces. The Williams Landing area has the provision of smaller localised parks, however there are no major sports areas that contain formalised active open spaces. Strategies include to maximize opportunities for multi-use open space and to provide active and passive open space areas in new and existing communities. Further, Clause 21.10-1 identifies a key issue being to ensure that infrastructure provision keeps up with the rapid population and housing growth and to deliver facilities to support the health and wellbeing of the community. The active open space has been identified in the Williams Landing Development Plan for the Kingwell Neighbourhood. This is the only area of active open space nominated in the Williams Landing Master Plan and will therefore service all of Williams Landing. It is considered that the provision of this open sports ground is much needed facility for the community and is supported in the Local Planning Policy Framework. Zoning Clause 37.06 – Priority Development Zone The purpose of this Clause is as follows:

To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and Local Planning Policies.

To recognise or provide for the use and development of land for projects and areas of regional or state significance.

To provide for a range of uses and the development of land in accordance with a plan incorporated in this scheme.

Schedule 1 to the Priority Development Zone outlines that the site is located within the Laverton Major Activity Centre and Employment Node Incorporated Plan, July 2006 (Amended Version B May 2012). The land comprises approximately 275 hectares and is the site formerly known as the RAAF Williams Laverton Air Base, generally bounded by Forsyth Road, Sayers Road and the Werribee Railway Line. The precincts referred to in this schedule are shown on Map 1 to this schedule. For the purposes of this schedule, The Residential Precinct includes the Central, Eastern, Southern and Western Neighbourhoods as shown on Map 1.


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Figure 3: Map 1 to Schedule 1 to Clause 37.06 The schedule outlines that a permit must not be granted to use or subdivide land, construct a building or construct or carry out works until a development plan, to the satisfaction of the responsible authority has been approved for the precinct, part of a precinct or neighbourhood. A development plan was approved for the eastern neighbourhood on the 29 January 2010 (DP0082/09). The approved development plan has been included below.


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Figure 4: Approved development plan for Kingwell Neighbourhood (Eastern Neighbourhood) Planning Officer Comment Pursuant to Clause 1.0 of Schedule 1 to Clause 37.06 the use as ‘leisure and recreation’ is a Section 2 Use (permit required). The use has been identified as an ‘open sports ground’, which is nested under leisure and recreation. There are no permit exemptions for buildings and works in association with an open sports ground, therefore a permit is required for both the use and development. However it should be noted that pursuant to Clause 62.02-2 park furniture including seating, tables, shelters, rubbish bins, playground equipment, barbeques, shade sales, drinking fountains and public toilets do not require a permit. Before deciding on an application, the responsible authority must consider the decision guidelines. An assessment against the decision guidelines has been included below.


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Clause 2.0 of Schedule 1 to Clause 37.06 - Use Decision Guidelines

Decision Guideline Planning Officer Response

The State Planning Policy Framework and the Local Planning Policy Framework including the Municipal Strategic Statement and local planning policies

The proposed use is consistent with the objectives and policies of the SPPF and LPPF, as detailed previously in this report.

The vision, objectives and planning concepts of the Laverton Incorporated Plan and the objectives of this schedule and how these will be given effect by the proposal

It is considered that the proposal meets the objectives of the schedule, the provisions of the Laverton Incorporated Plan and the endorsed Williams Landing Kingwell Neighbourhood Development Plan.

The mix of land uses and their capacity to optimise employment opportunities on the site especially those of a non-retail nature, having regard to the Laverton Incorporated Plan

The use as an open sporting ground is considered to be an appropriate use within an area which is predominately residential. It is consistent with the Laverton Incorporated Plan which looks at enhancing the provision of active open spaces in the area by providing for a component of the public open spaces as sporting fields.

The provision of buffers from land used for industrial or railway purposes

The site is not located near industrial areas or the railway lines

The provisions of any applicable development plan approved under this schedule and any relevant agreements

As outlined previously, the subject site has been identified as a regional recreation facility within the Williams Landing Development Plan for the Kingwell Neighbourhood. The proposal is in accordance with the development plan.

The drainage of the land Permit conditions relating to the drainage of the land will be included.

The availability of and connection to services The site is located within an established area and therefore can be connected to existing services.

The effect of traffic to be generated on roads The subject site has been identified as a regional recreation facility within the Williams Landing Development Plan for the Kingwell Neighbourhood, which was endorsed on 29/01/2010. Consideration would have been given to predicted/modeled levels of traffic generation for the surrounding area at the initial subdivision stage.

The interim use and management of those parts of the land not required for the proposed use.

The application has been split into Stage 1 and 2. There will be no interim use for Stage 2 whilst waiting for Town Planning approval and construction to commence. The land will remain vacant and will be fenced off. It has been advised that construction of the pavilion and car park will be undertaken in 2017/18 and it is therefore not envisaged that this area will remain vacant for an extended period. A condition will require that Stage 2 is completed within a certain timeframe.


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Clause 4.0 of Schedule 1 to Clause 37.06 - Buildings and Works Decision Guidelines


The objectives of this schedule and the provisions of the Laverton Incorporated Plan and any applicable development plan, approved under this schedule

It is considered that the proposal meets the objectives of the schedule, the provisions of the Laverton Incorporated Plan and the endorsed Williams Landing Kingwell Neighbourhood Development Plan.

How the proposed buildings and works relate to and comply with or implement the approved development plan for the locality

The proposed buildings and works are in accordance with the approved development plan which nominates the site as a Regional Recreation Facility.

The proper layout of the site and the suitability of the proposed buildings and works for their intended usage

The proposed buildings and works are suitable for the intended use of the land as an open sports ground. The pavilion and car park with further support the use, however they will be delivered as part of Stage 2.

The architectural and urban design merit of the proposed buildings and works, their contribution to the scale, form, function and safety of the space they occupy and that of the public realm

Pursuant to Clause 62.02-2 park furniture including seating, tables, shelters, rubbish bins, playground equipment, barbeques, shade sales, drinking fountains and public toilets do not require a permit. Therefore the only buildings and works assessed are the buildings and works that trigger a planning permit which are the AFL/cricket/soccer fields, tennis/netball courts, lighting and cricket nets. It is considered that the design of these facilities is of a high standard and will contribute to the public realm.

The provision of ground level activation along Main Street between Old Geelong Road and the railway station

The site is not located along Main Street between Old Geelong Road and the railway station.

Landscape treatment The proposal has incorporated landscaping throughout the site and is of an acceptable level for an open sports ground.

The provision for pedestrian permeability, connections to the road and bicycle networks and public transport services

Pedestrian/bicycle permeability has been provided through the site by internal footpaths within the park connecting up to the existing footpath network

The need to provide for appropriate treatments at the interface between residential and non-residential areas

There are no non-residential areas near the site and therefore specific treatments are not required.

Any natural or cultural values on or near the land

The subject site is not located within an area of Cultural Heritage Significance.

Parking and site access As outlined previously, parking will be provided as part of the Stage 2 works. A condition on the permit will require the completion of Stage 2 within a specified timeframe. Access to the car park will be via two existing crossovers located on the Williams Landing Boulevard frontage.


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Loading and service areas There are no requirements under Clause 52.07 (Loading and Unloading of Vehicles) for the provision of a loading bay.

Outdoor storage No outdoor storage has been nominated on the plans, however it is not considered necessary as the park is for public use. It is envisaged that the pavilion proposed in Stage 2 will incorporate storage for sporting clubs that choose to reside from this park.

Lighting There is existing street lighting around the perimeter of the site. Sports field lighting has been nominated on the plans. Permit conditions will control lighting and prevent flashing lights or light spill to residential properties.

Stormwater discharge and the use of water sensitive urban design treatments

It has been outlined in the Business Case Project Summary that Water Sensitive Urban Design will be utlised for the car park and pavilion design which will be delivered as part of Stage 2.

The effect of the buildings or works on the conservation areas identified in the relevant native vegetation precinct plan

The subject site is not located in close proximity to the conservation areas within Williams Landing and therefore the buildings and works will have no impact on these areas.

Particular Provisions Clause 52.06 – Car Parking The purpose of this Clause is as follows:

To ensure that car parking is provided in accordance with the State Planning Policy Framework and Local Planning Policy Framework.

To ensure the provision of an appropriate number of car parking spaces having regard to the demand likely to be generated, the activities on the land and the nature of the locality.

To support sustainable transport alternatives to the motor car.

To promote the efficient use of car parking spaces through the consolidation of car parking facilities.

To ensure that car parking does not adversely affect the amenity of the locality.

To ensure that the design and location of car parking is of a high standard, creates a safe environment for users and enables easy and efficient use.

Planning Officer Response Table 1 to Clause 52.06 - 5 of the Wyndham Planning Scheme sets out the number of car parking spaces required for a use. The use as an ‘open sports ground’ does not have a specified rate under Clause 52.06-5. Where a use of land is not specified in Table 1, car parking spaces must be provided to the satisfaction of the responsible authority.


FILE NO: WYP9331/16




Car parking is to be provided in the Stage 2 works which consists of a sports pavilion and car park. No car parking has been provided in the Stage 1 works. It has been outlined that the design of the pavilion and car parking will commence in 2016/17 whilst the reserve is under construction. Constriction of the car park will be undertaken in 2017/18. Approximately 131 car spaces will be provided in the Stage 2 works. The 131 car parking spaces provided is consistent with what has been provided for a number of similar sporting facilities in the Wyndham in recent years. As the park is situated adjacent to a large new residential area, it is likely that the main users of the facility will be local residents within walking distance of the reserve. The subject site has been identified as a regional recreation facility within the Development Plan, which was endorsed on 29/01/2010. Consideration would have been given to predicted/modeled levels of traffic generation for the surrounding area at the initial subdivision stage and whether the proposed road network could accommodate the levels of traffic from a regional recreation facility. It is considered that the car parking provided is sufficient for the proposed use and has been provided to the satisfaction of the Responsible Authority. It should be noted that there is also sufficient on street car parking along the Williams Landing Boulevard, Chessington Drive and Freya Drive frontages which can be utilised whilst the car park is under construction. Clause 52.34 – Bicycle Facilities The purpose of this clause is as follows:

To encourage cycling as a mode of transport

To provide secure, accessible and convenient bicycle parking spaces and associated shower and change facilities

Planning Officer Response Pursuant to Clause 52.34 there is no applicable bicycle spaces rate for an open sports ground. Therefore there is no statutory requirement for the provision of bicycle spaces. However, it has been nominated on the plans that two bicycle racks will be provided adjacent to the car park and cricket nets. As no bicycle parking needs to be provided, Council is satisfied with the provision of two bicycle racks. General Provisions Clause 65 – Decision Guidelines Before deciding on an application or approval of a plan, the responsible authority must consider, as appropriate:

The matters set out in Section 60 of the Act.

The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.

The purpose of the zone, overlay or other provision.

Any matter required to be considered in the zone, overlay or other provision.

The orderly planning of the area.


FILE NO: WYP9331/16




The effect on the amenity of the area.

The proximity of the land to any public land.

Factors likely to cause or contribute to land degradation, salinity or reduce water quality.

Whether the proposed development is designed to maintain or improve the quality of storm water within and exiting the site.

The extent and character of native vegetation and the likelihood of its destruction.

Whether native vegetation is to be or can be protected, planted or allowed to regenerate.

The degree of flood, erosion or fire hazard associated with the location of the land and the use, development or management of the land so as to minimise any such hazard.

Planning Officer Response Assessment of this application against the guidelines of Clause 65, finds this proposal to be generally in accordance with these guidelines. Clause 66 – Referral and Notice Provisions Pursuant to Clause 66 of the Wyndham Planning Scheme there are no determining referral authorities for this application. Additionally, it was not considered necessary to internally refer this application.

3. City Plan

2.2 City Infrastructure - To deliver and maintain Wyndham's facilities and infrastructure in an efficient and equitable manner that meets community needs. 2.2 City Infrastructure - To deliver and maintain Wyndham's facilities and infrastructure in an efficient and equitable manner that meets community needs.

4. Council Policy

The proposal has been assessed against the provisions of the Wyndham Planning Scheme. There are no draft or emerging policies of specific relevance to the assessment of this application that have not been considered as part of the above assessment.


There are no financial implications for the Council as a result of a permit being granted.

6. Social Implications

The proposal will have significant social benefits by virtue of providing a community facility to the growing community of Williams Landing.


There will be no adverse environmental implications for Council from this recommendation.


There will be no adverse economic or employment implications for Council for this recommendation.


FILE NO: WYP9331/16





The application was advertised which resulted in Council receiving 6 objections. A summary of the objections along with the officer’s response has been included below.

Objection Planning Officer Response

The site can accommodate a P-12 school. The residents require a school for their children.

As outlined previously in this report, further work was undertaken by Council to determine whether a school was required in Williams Landing. Council liaised with the Department of Education earlier this year and undertook its own research as to whether a school is required. The Department of Education has advised that a school in Williams Landing is currently not a priority and government schooling needs are to be met by the schooling provisions in nearby Truganina. Council advised that in the medium to longer term, there may be parts of the Laverton RAAF base which will be a surplus requirement and potentially access from Williams Landing to schools in Laverton may be possible. Council has also advised that they will monitor the demands for services and advocate with the State Government to ensure the needs of local residents are addressed. Additionally, this site has been nominated in the endorsed development plan as a site for a regional recreation facility and therefore the proposal is consistent with the development plan.

The sports reserve can be accommodated within the school

As outlined previously, this site has been nominated in the endorsed development plan as a site for a regional recreation facility and therefore the proposal is consistent with the development plan. The Department of Education and Council have advised that there is currently no priority for a school within Williams Landing.


FILE NO: WYP9331/16




Objection Planning Officer Response

Due to traffic it is difficult to access schools in Point Cook and Truganina

The Department of Education has advised that there is currently no priority for a school within Williams Landing and the government school requirements can be met by the provision of schools within Truganina. Council has identified that in the medium to longer term there may be parts of the Laverton RAAF base which will be a surplus requirement and potentially access from Williams Landing to schools in Laverton may be possible. This would provide an additional location for residents to access schools, however it should be noted that this has been flagged for a medium to long term plan.

There will be traffic congestion and noise pollution due to the sporting ovals being constructed at this site

As the park is situated adjacent to a large new residential area, it is likely that the main users of the facility will be local residents within walking distance of the reserve. The subject site has been identified as a regional recreation facility within the Development Plan, which was endorsed on 29/01/2010. Consideration would have been given to predicted/modeled levels of traffic generation for the surrounding area at the initial subdivision stage and whether the proposed road network could accommodate the levels of traffic from a regional recreation facility. Additionally, it is not envisaged that the sporting ovals/facilities will generate high levels of noise.

10. Conclusion

The application has been assessed against the relevant provisions of the Wyndham Planning Scheme including the State and Local Planning Policy Frameworks and the Priority Development Zone. In light of the above assessment against the relevant provisions of the Wyndham Planning Scheme it is considered that the proposal will provide a much needed community facility within the Williams Landing area. The proposal will contribute to the health and wellbeing of the community which is a key issue identified in the Local Planning Policy Framework. Additionally, the proposal is consistent with the Williams Landing Kingwell Neighbourhood Development Plan which has been endorsed under Schedule 1 to the Priority Development Zone. On this basis it is recommended the application be supported.


FILE NO: C190


PLANNING SCHEME AMENDMENT C190 - REZONING OF 570-580 TARNEIT ROAD, TARNEIT FROM FARMING ZONE TO GENERAL RESIDENTIAL ZONE


Summary

At its Ordinary Council Meeting of 25 May 2015 Council resolved to seek authorisation from the Minister for Planning to prepare Amendment C190 to the Wyndham Planning Scheme. The amendment rezones land known as 570-580 Tarneit Road, Tarneit from Farming Zone 1 to General Residential Zone.

The amendment is required to facilitate an expansion of the existing school at No. 580 Tarneit Road into land at No. 570 Tarneit Road. The proposed zone is consistent with the zoning of land in the surrounding area.

Amendment C190 was prepared and exhibited in accordance with the Minister for Planning’s authorisation. Melbourne Water made a submission to indicate that it did not object to the amendment. No other submissions were received. Accordingly, this report recommends that Council adopt Amendment C190 without changes and submit the amendment to the Minister for Planning for approval.

Attachments

Nil


Under Section 80C of the Local Government Act 1989 (as amended), officers providing advice to Council must disclose any interests, including the type of interest. Director City Economy Innovation & Liveability - Kate Roffey In providing this advice as the Director, I have no disclosable interests in this report. Manager Urban Futures - Aaron Chiles In providing this advice as the Manager, I have no disclosable interests in this report. Principal Planning Projects Officer - Kristien Van den Bossche In providing this advice as the Author, I have no disclosable interests in this report.

Key Issues

Amendment C190

Planning Scheme Amendment process


FILE NO: C190


PLANNING SCHEME AMENDMENT C190 - REZONING OF 570-580 TARNEIT ROAD, TARNEIT FROM FARMING ZONE TO GENERAL RESIDENTIAL ZONE (cont’d)


RECOMMENDATION

That Council resolve to:

1. Adopt Amendment C190 to the Wyndham Planning Scheme pursuant to Section 29 of the Planning and Environment Act 1987 without changes;

2. Submit the adopted amendment, together with the prescribed information, to the Minister for Planning for approval pursuant to Section 31 of the Planning and Environment Act 1987; and

3. Authorise the Director City Economy, Innovation and Liveability to make minor changes to the amendment, which do not alter the intent of the amendment, if required.

MOTION

CRS INTAJ KHAN / JOHN GIBBONS That Council resolve to:

1. Adopt Amendment C190 to the Wyndham Planning Scheme pursuant to Section 29 of the Planning and Environment Act 1987 without changes;

2. Submit the adopted amendment, together with the prescribed information, to the Minister for Planning for approval pursuant to Section 31 of the Planning and Environment Act 1987; and

3. Authorise the Director City Economy, Innovation and Liveability to make minor changes to the amendment, which do not alter the intent of the amendment, if required.

(CARRIED)


FILE NO: C190




1. Background

Amendment C190 was requested by the Good News Lutheran College to rezone land at 570-580 Tarneit Road, and the adjacent road parcels, from Farming Zone 1 to General Residential Zone 1. The amendment seeks to apply a more appropriate land zone to facilitate the current use and development of the site as a school, and be compatible with the surrounding land zone.


FILE NO: C190




At the Ordinary Council Meeting on 25 May 2015 Council agreed to prepare and exhibit Amendment C190 to the Wyndham Planning Scheme subject to a Section 173 Agreement being entered into for payment of development contributions and the transfer of land for widening of Tarneit Road. The Section 173 Agreement was signed on 13 July 2016.

The amendment was subsequently prepared in accordance with the Minister for Planning’s authorisation. Exhibition of Amendment C190 occurred between 9 August 2016 and 11 September 2016. No submissions were received.

2. Discussion

Amendment C190

The use of the subject land and surrounding area has changed from farming purposes to being residential in nature. The Farming Zone is no longer the most appropriate zone for the land, given:

The land will no longer be used for farming purposes;

The existing use of No. 580 Tarneit Road as a school;

The proposed use and development of No. 570 Tarneit Road as a school; and

The use and development of surrounding land for residential purposes.

The amendment supports the State and Local Planning Policy Framework, and Municipal Strategic Statement. The amendment is consistent with the objectives of planning in Victoria as set out in Section 4 of the Planning and Environment Act 1987. The amendment makes proper use of the Victoria Planning Provisions by applying a more appropriate planning zone to the land.


FILE NO: C190




The amendment request has been prepared with appropriate consideration given to Ministerial Directions relating to Potentially Contaminated Land, the Metropolitan Strategy and Strategic Assessment of Amendments. Relevant reporting and environmental assessments, such as contamination, traffic and drainage/stormwater management reports have been prepared to support the rezoning and change in land use.

In light of the above, it is recommended that the Amendment is supported by Council.

Planning Scheme Amendment Process

Council has now fulfilled its requirements to give notice under the relevant provisions of the Planning and Environment Act 1987. Council must now decide whether or not to adopt the amendment, with or without changes, otherwise the amendment will lapse.

Given the assessment above, and in the absence of any submissions, it is considered the amendment is suitable for support. Accordingly it is recommended that Council adopt Amendment C190 without changes in accordance with Section 29 the Act.

An adopted amendment must be submitted to the Minister for approval under section 31(1) of the Act. Once the amendment is approved, notice will be published in the Government Gazette and the amendment will take effect.

3. City Plan

2.3 Sustainable Growth - To ensure Wyndham's population growth is matched by the development of new physical, social and economic infrastructure, while protecting the City's existing assets and natural environment.


Places and Spaces: Our city will offer a diverse range of built environments that contribute to the quality of life of residents of all ages.

Earning and Learning: Wyndham will be known for great schools and universities.

5. Council Policy

The amendment is consistent with Wyndham’s Vision expressed in Clause 21.04 for Wyndham to be a ‘place in which residents have a high level of choice in work, education, transport, health and family support opportunities, and equitable access to these opportunities’.

The amendment will facilitate the orderly development of this land in accordance with the Tarneit West Outline Development Plan which has been adopted by Council.


The proponent is required to pay all fees associated with the amendment.

The amendment is also unlikely to result in any significant increase in planning applications, and therefore should not adversely impact on the resources of Council.

The developer has entered into a Section 173 Agreement for payment of development contributions in accordance with the Tarneit West Development Contributions Plan, and transfer of land to Council for the duplication of Tarneit Road.


FILE NO: C190





The amendment will have no adverse social implications. The rezoning will facilitate the provision of viable community facilities and services to the area.


There are no identified environmental implications that would result from the rezoning.


The amendment is not expected to have any significant impact in relation to the resource and administrative costs of Council. The rezoning of the land will facilitate the expansion of the Good News College and benefit the local construction industry in the short term.


Exhibition of the amendment occurred in accordance with the requirements of the Planning and Environment Act 1987 and the Minister’s authorisation. The amendment was exhibited from 9 August to 11 September, 2016 by way of letters to owners/occupiers of adjoining land and prescribed Ministers and Melbourne Water, as well as notices published in the Government Gazette, in the local newspaper and on Council’s website.

Melbourne Water made a submission to indicate that it did not object to the amendment. No other submissions were received.

OTHER REPORTS ORDINARY COUNCIL MEETING MONDAY, 12 DECEMBER 2016

FILE NO: 0000

ITEM NO: 6.5.1 CHIEF EXECUTIVE OFFICER - KELLY GRIGSBY

PROPOSED INTRODUCTION OF AUDIO-VISUAL RECORDING OF ORDINARY COUNCIL AND SPECIAL COUNCIL MEETINGS


Summary

According to Wyndham’s Community Engagement Framework that was adopted in June 2013, Wyndham City is committed to working with individuals and communities to empower them to fully engage in Council’s decision-making processes.

Wyndham City is equally committed to embedding a platform of good governance, which includes a focus on transparency and accountability in Council decision-making.

In order to more fully-satisfy these two important commitments, it is proposed that Wyndham City live stream all Ordinary Council and Special Council Meetings and produce audio-visual recordings of the meetings. The audio-visual streaming of meetings would be made freely available to members of the general public via the Wyndham City website.

Attachments

Nil


Under Section 80C of the Local Government Act 1989 (as amended), officers providing advice to Council must disclose any interests, including the type of interest. Chief Executive Officer - Kelly Grigsby In providing this advice as the CEO, I have no disclosable interests in this report. Manager Council and Community Relations - Emily Keogh In providing this advice as the Manager, I have no disclosable interests in this report. Acting Coordinator Governance & City Engagement - Nicole Battle In providing this advice as the Author, I have no disclosable interests in this report.

Key Issues

The audio-visual recording of Ordinary Council and Special Council Meetings would make Council’s decision-making processes more transparent and accessible to members of the local Wyndham community.

Similar technology is already employed by a number of Victorian Councils including Monash, Bayside and Moreland City Councils.

RECOMMENDATIONS

That Council:

1. Endorse the live streaming and audio-visual recording of all Ordinary Council and Special Council Meetings which will be publicly available on the Wyndham City website as soon as practicable in 2017.

2. Authorise staff to develop all internal policies and procedures to facilitate the audio-visual recording and distribution of all Ordinary Council and Special Council Meetings as soon as practicable in 2017..


FILE NO: 0000


PROPOSED INTRODUCTION OF AUDIO-VISUAL RECORDING OF ORDINARY COUNCIL AND SPECIAL COUNCIL MEETINGS (cont’d)


MOTION

CRS TONY HOOPER / KIM MCALINEY

That Council:

1. Endorse the live streaming and audio-visual recording of all Ordinary Council and Special Council Meetings which will be publicly available on the Wyndham City website as soon as practicable in 2017.

2. Authorise staff to develop all internal policies and procedures to facilitate the audio-visual recording and distribution of all Ordinary Council and Special Council Meetings as soon as practicable in 2017..

(CARRIED)


FILE NO: 0000




1. Background

As per Clause 10(1) of Wyndham City’s Governance Local Law 2013, Council already audio records all Ordinary Council and Special Council Meetings “for the purposes of producing accurate minutes”. This proposal would, however, also allow for the audio-visual recording and live-streaming of Ordinary Council and Special Council Meetings, with these recordings to be made publicly available on the Wyndham City website.

It is important to note, however, that as per Section 89(2) of the Local Government Act 1989, matters discussed by Council at an Ordinary Council or Special Council Meeting that has been closed to the public (either whole or in part) would be exempt from public access.

2. Discussion

Greater transparency and more opportunities for community engagement have become important areas of focus for local governments across Australia. Proposed changes to the Victorian Government Act 1989 are likely to increase this even further, with the Department of Environment, Land, Water & Planning making a number of recommendations to improve the transparency, responsiveness and collaborative capacity of Councils, and to reinforce participatory democracy as a guiding tenet of Council practice.

Over the past several years, Wyndham City has worked hard to achieve a high level of engagement across the community. In June 2013, Council endorsed the Wyndham Community Engagement Framework & Model that committed Council to working with communities and individuals to increase participation by empowering them to make meaningful and constructive contributions to Council decision-making. It is anticipated that the audio-visual recording and live-streaming of Ordinary Council and Special Council Meetings will help to further achieve this important commitment by enabling greater public awareness of Council’s decision-making processes. It will also provide improved access for those residents who are unable to attend meetings in person due to work and/or family commitments.

In addition, Wyndham City is extremely committed to undertaking actions that will provide for greater transparency and accountability in its decision-making.

It should be noted that a number of Victorian Councils already live-stream their Ordinary Council and Special Council Meetings, whilst others produce a webcast that can be downloaded on demand via their Council website. Such Councils most notably include Monash, Bayside and Moreland.

3. City Plan

1.2 Community engagement and building - To actively engage with the community to capture diverse perspectives and opportunities to improve the quality of Council decisions on policies, services and programs. To strengthen the capacity of citizens and community groups to participate in community life by providing opportunities for individuals to acquire knowledge, confidence, skills and experience.

5.1 Good Governance - To maintain community confidence in the integrity and efficiency of the organisation. To continue to ensure there is a focus and commitment to transparency and accountability in Council decision making processes.

5.3 Business Operations - To deliver best practice management, governance, administrative and human resource systems that support the delivery of Council services and programs to the Wyndham community.


FILE NO: 0000





Leadership and Participation Our city will be home to passionate residents who are always having conversations about how to build a better community. Residents will seek out ways to use their skills, knowledge and passion to build the community we have envisaged.

5. Council Policy

The audio-visual recording of Council meetings directly relates to a number of existing Council documents and/or policies, including;

Wyndham 2040 Vision

Wyndham City Plan 2013-2017

Community Engagement Framework and Model 2013-17

Governance Local Law 2013

Corporate Recording of Council Meetings Policy 2014


As previously outlined, the audio-visual recording of Council meetings is likely to improve the capacity of local residents to participate and engage in local democracy and to have greater oversight over the decisions that affect them and the neighbourhoods in which they live. This is an important factor in determining the social health of individuals and communities.

7. Options

In terms of making an audio-visual recording of Ordinary Council and Special Council Meetings available to the general public, there are two main options. These options are as follows; Option One: Live Streaming As its name suggests, streaming media technology is used to distribute a single content source to many simultaneous viewers in real time. Option Two: On Demand

Council meetings would be recorded with a copy to be made available for download via the Wyndham City website. Generally speaking, recordings would be made available to the public within 24-48 hours of the meeting.

It should be noted that if Option One is selected, a recording would still made available on Council’s website for those residents who were not able to access the live stream.


Depending on the option that is selected, there would be an initial cost to Council in terms of purchasing and installing the necessary technology. In the case of live streaming, this is expected to cost approximately $30,000. This includes the purchase and installation of all physical AV infrastructure and its integration into the Skype for Business online environment, which was recently deployed at Council.

Option Two is likely to be marginally less expensive, although it will still require the purchase and installation of a high resolution, wide lens camera. An initial quote has been obtained with an indicative cost of approximately $22,000 (TBC).


FILE NO: 0000




It should be noted that neither option is likely to require significant ongoing investment in terms of staff capacity and/or financial resourcing.

In recognising that the cost differential between option one and option two is negligible, option one is preferred, given that live-streaming is considered best practice in terms of community participation and engagement.


Prior to its introduction, this initiative would be actively promoted across the community via the following communication channels:

Wyndham City website;

Social Media including Facebook, Twitter, YouTube and Instagram;

Marketing collateral in Community Centres, Libraries, Customer Service etc;

Wyndham News; and

Wyndham Star Weekly – Media release, as well as promotion through the Mayoral Column.


FILE NO: -


ASSEMBLY OF COUNCILLORS - NOVEMBER 2016


Summary

Under section 80A of the Local Government Act 1989, a record must be kept of an Assembly of Councillors that lists the Councillors attending, the matters discussed, disclosures of conflict of interest and whether a Councillor left the meeting after making a disclosure. This record is required to be reported to an Ordinary Council Meeting for the purposes of incorporating the record in the minutes of that meeting. The Act defines an Assembly of Councillors to be a meeting at which matters are considered that are intended or likely to be the subject of a Council decision or the exercise of a delegated authority and which is a:

Meeting of an Advisory Committee where at least one Councillor is present.

Planned or scheduled meeting that includes at least half of the Councillors and at least one Council officer.

The Assembly of Councillors meetings are attached.

Attachments

1. Assembly of Councillors - November 2016


Under Section 80C of the Local Government Act 1989 (as amended), officers providing advice to Council must disclose any interests, including the type of interest. Chief Executive Officer - Kelly Grigsby In providing this advice as the CEO, I have no disclosable interests in this report. Manager Council and Community Relations - Emily Keogh In providing this advice as the Manager, I have no disclosable interests in this report. Governance Administration Officer – Tammy Williamson In providing this advice as the Author, I have no disclosable interests in this report.

RECOMMENDATION

That Council note the record of the Assembly of Councillors.

MOTION

CRS PETER MAYNARD / JOHN GIBBONS

That Council note the record of the Assembly of Councillors.

(CARRIED)

ATTACHMENT NO: 1 - ASSEMBLY OF COUNCILLORS - NOVEMBER 2016 ITEM NO: 6.5.2


RECORD OF ASSEMBLY OF COUNCILLORS – NOVEMBER 2016

Assembly Details Councillor Attendees Officer Attendees Matters Discussed Conflict of

Interest Disclosure

COUNCILLOR INDUCTION PROGRAM 4 November 2016 (8.45am-5.00pm)

Cr A An Cr H Barlow Cr J Gibbons Cr J Gilligan Cr T Hooper Cr I Khan Cr H Marcus Cr P Maynard Cr K McAliney Cr M Shaw Cr W Villagonzalo (Apology)

K Grigsby (CEO) K Roffey (Director City, Economy & Liveability) S Thorpe (Director City Operations) J McMahon (Director City Life) S Lambert (Director City Transformation) R Cooper (Head of Strategy & Stakeholder Engagement) E Keogh (Council & Community Relations Manager) N Battle (Co-ordinator Governance & Community Engagement)

Introduction to local government and the Wyndham City organisation and overview of roles and responsibilities of Councillors.

None disclosed


Cr A An Cr H Barlow Cr J Gibbons Cr J Gilligan (Apology) Cr T Hooper Cr I Khan (Absent) Cr H Marcus Cr P Maynard Cr K McAliney Cr M Shaw Cr W Villagonzalo

K Grigsby (CEO) K Roffey (Director City, Economy & Liveability) S Thorpe (Director City Operations) J McMahon (Director City Life) S Lambert (Director City Transformation) R Cooper (Head of Strategy & Stakeholder Engagement) E Keogh (Council & Community Relations Manager) N Battle (Co-ordinator Governance & Community Engagement) G Shields (Manager Information Services) J Cowland (Personal Assistant to Councillors)


None disclosed

ATTACHMENT NO: 1 - ASSEMBLY OF COUNCILLORS - NOVEMBER 2016 cont. ITEM NO: 6.5.2



Interest Disclosure


Cr A An Cr H Barlow Cr J Gibbons Cr J Gilligan Cr T Hooper Cr I Khan (Absent) Cr H Marcus Cr P Maynard Cr K McAliney (Apology) Cr M Shaw (Apology) Cr W Villagonzalo

K Grigsby (CEO) K Roffey (Director City, Economy & Liveability) S Thorpe (Director City Operations) J McMahon (Director City Life) S Lambert (Director City Transformation) R Cooper (Head of Strategy & Stakeholder Engagement) E Keogh (Council & Community Relations Manager) N Battle (Co-ordinator Governance & Community Engagement)


None disclosed

COUNCILLOR INDUCTION PROGRAM 14 November 2016 (9.00am –5.00pm)

Cr A An Cr H Barlow Cr J Gibbons Cr J Gilligan (Apology) Cr T Hooper Cr I Khan (4pm-6pm) Cr H Marcus Cr P Maynard Cr K McAliney Cr M Shaw Cr W Villagonzalo

K Grigsby (CEO) S Thorpe (Director City Operations) J McMahon (Director City Life) E Keogh (Council & Community Relations Manager) N Battle (Co-ordinator Governance & Community Engagement) P Van Til (Manager Planning & Building) A Chiles (Manager Urban Futures) S Bentley (Manager Vibrant City Centres) D Ray (Senior Governance Adviser) M Evans (Town Planning Coordinator)


None disclosed




Interest Disclosure

COUNCILLOR INDUCTION PROGRAM 15 November 2016 (8.00am –5.00pm)


K Grigsby (CEO) J McMahon (Director City Life) K Roffey (Director City, Economy & Liveability) E Keogh (Council & Community Relations Manager) N Battle (Co-ordinator Governance & Community Engagement)


None disclosed

ORGANISATIONAL BRIEFING 21 November 2016 (3.00pm – 9.00pm)


K Grigsby (CEO) K Roffey (Director City, Economy & Liveability) S Thorpe (Director City Operations) J McMahon (Director City Life) S Lambert (Director City Transformation) R Cooper (Head of Strategy & Stakeholder Engagement) E Keogh (Council & Community Relations Manager) A Chiles (Manager Urban Futures) D Gomes (Coordinator Planning Policy & Projects) B Gokhale (Manager Finance & Property) P Van Til (Manager Planning & Building)

Planning Scheme Amendment Process & Overview of Tarneit North Local Area Implementation Plan

Budget Planning

Ordinary Council Meeting Draft Agenda (28 Nov): Points of Clarification

Town Planning Pre-brief for items being presented at the Town Planning Forums on 23 Nov & 5 Dec

Cr Marcus declared conflict of interest for Item 6.4.1 of the Draft Agenda.




Interest Disclosure

ORGANISATIONAL BRIEFING 23 November 2016 (5.00pm – 6.15pm)

Cr A An Cr H Barlow Cr J Gibbons Cr J Gilligan Cr T Hooper Cr I Khan (Absent) Cr H Marcus Cr P Maynard Cr K McAliney Cr M Shaw Cr W Villagonzalo

S Thorpe (Director City Operations) N Battle (Co-ordinator Governance & Community Engagement) D Ray (Senior Governance Adviser)

Ordinary Council Meeting Draft Agenda (28 Nov): Points of Clarification

Cr Marcus declared conflict of interest for Item 6.4.1 of the Draft Agenda.

TOWN PLANNING FORUM 23 November 2016 (7.00pm-9.00pm)

Cr A An Cr H Barlow Cr J Gibbons Cr J Gilligan Cr T Hooper Cr I Khan (Absent) Cr H Marcus Cr P Maynard Cr K McAliney Cr M Shaw Cr W Villagonzalo

S Thorpe (Director City Operations) P Van Til (Manager Planning & Building) T Webb (Principal Major Projects Planner) R Bartlett (Senior Town Planner) G Osagiede (Senior Town Planner) S Noonan (Councillor Relationship Officer) T Williamson (Governance Admin Officer)

WYP8983/16 – Residential Subdivision (29 lots) – 121-125 Farm Road, Werribee

WYP9327/16 – Use and development of a childcare centre to the rear of the existing dwelling – 394 Derrimut Road, Hoppers Crossing

WYP9155/16 – The construction of three (3) double storey dwellings – 2 Machair Road, Point Cook

None disclosed




Interest Disclosure

ORGANISATIONAL BRIEFING 28 November 2016 (3.00pm –6.15pm)

Cr A An Cr H Barlow Cr J Gibbons Cr J Gilligan Cr T Hooper Cr I Khan (Apology) Cr H Marcus Cr P Maynard Cr K McAliney Cr M Shaw Cr W Villagonzalo

K Grigsby (CEO) S Lambert (Director City Transformation) S Thorpe (Director City Operations) P McKinnon (A/Director City Economy, Innovation & Liveability) R Rathjen (A/Director City Life) B Forrest (Director of Advocacy)

E Keogh (Council & Community Relations Manager) A Chiles (Manager Urban Futures) M Tesoro (Principal Planning Projects Officer) D Gomes (Coordinator Planning Policy & Projects)

CEO/Councillor Only Discussion

Wyndham Harbour – Update on development progress and future directions

Public consultation for the implementation of the Housing & Neighbourhood Character Strategy

Media Policy

Ordinary Council Meeting Final Agenda (28 Nov): Points of Clarification

Cr Marcus declared conflict of interest for Item 6.4.1 of the Final Agenda.

Williams Landing Boulevard Reserve Briefing 30 November 2016 (4.30pm – 5.30pm)

Cr A An Cr T Hooper Cr P Maynard Cr K McAliney

J McMahon (Director City Life) C Atkins (Acting Manager Sports & Recreation)

Background of Reserve Master Planning Process for Williamson Landing Boulevard Reserve, including planning permit and tender reporting.

None disclosed

NOTICE OF MOTION ORDINARY COUNCIL MEETING MONDAY, 12 DECEMBER 2016

FILE NO: 0

ITEM NO: 7.1 COUNCILLOR AARON AN

NOTICE OF MOTION 566 - SUPPORT FOR THE PROVISION OF SCHOOLS IN WILLIAMS LANDING


TAKE NOTICE that at the Council Meeting to be held on 12 December 2016, it is my intention to move the following motion: That due to Council's serious concerns that the future educational needs of the children of Wyndham, most particularly those of Williams Landing and surrounds, will not be adequately met by the current Department of Education schools building plan, that Council advocates to the State Government and the Federal Government seeking advice on and support for the provision of schools in Williams Landing specifically and Wyndham more broadly.

CR AARON AN

Date: 12 December 2016

MOTION

That due to Council's serious concerns that the future educational needs of the children of Wyndham, most particularly those of Williams Landing and surrounds, will not be adequately met by the current Department of Education schools building plan, that Council advocates to the State Government and the Federal Government seeking advice on and support for the provision of schools in Williams Landing specifically and Wyndham more broadly.

MOTION

CRS AARON AN / TONY HOOPER That due to Council's serious concerns that the future educational needs of the children of Wyndham, most particularly those of Williams Landing and surrounds, will not be adequately met by the current Department of Education schools building plan, that Council advocates to the State Government and the Federal Government seeking advice on and support for the provision of schools in Williams Landing specifically and Wyndham more broadly.

(CARRIED)

COUNCIL SEAL ORDINARY COUNCIL MEETING MONDAY, 12 DECEMBER 2016

FILE NO: -

ITEM NO: 8.1 DIRECTOR CITY OPERATIONS - STEPHEN THORPE

AWARDING OF CONTRACT: C1773/16 - RECONSTRUCTION OF THE EXISTING LEACHATE POND AT WYNDHAM RDF


Summary

This report evaluates tenders received for the reconstruction of the existing Leachate pond at Wyndham RDF, Wests Road, Werribee.

The project involves the construction of the new Leachate pond involving earth works, geo synthetic liner installation, and leachate collection system. The construction is expected to be completed by July 2017.

This report outlines the procurement process undertaken, and recommends the awarding of contract C1773/16 – Reconstruction of the existing Leachate pond at Wyndham RDF in accordance with EPA Best Practice Environmental Management Guidelines (Siting, Design, Operation and Rehabilitation of Landfills).

Attachments

Nil

Officer's Declaration of Interests

Under Section 80C of the Local Government Act 1989 (as amended), officers providing advice to Council must disclose any interests, including the type of interest. Director City Operations In providing this advice as the Director, I have no disclosable interests in this report. Manager Waste Management and Disposal In providing this advice as the Manager, I have no disclosable interests in this report. Landfill Operations Manager In providing this advice as the Author, I have no disclosable interests in this report.

Key Issues

Conformance with tender requirements;

Provision of best value for money.


FILE NO: -


AWARDING OF CONTRACT: C1773/16 - RECONSTRUCTION OF THE EXISTING LEACHATE POND AT WYNDHAM RDF (cont’d)


RECOMMENDATION

That Council:

1. Award contract C1773/16 – Reconstruction of the existing Leachate pond at Wyndham RDF to Keystone Civil Pty Ltd, ACN 167 195 619 for the sum of $1,209,954.80 (GST inclusive);

2. Authorise the Director of City Operations to approve variations and contingencies to contract C1773/16 – Reconstruction of the existing Leachate pond at Wyndham RDF up to the sum of the contingency provisions in accordance with the Financial Information section in this report;

3. Sign and seal the contract; and

4. Advise all tenderers accordingly.

MOTION

CRS JOSH GILLIGAN / JOHN GIBBONS

That Council:

1. Award contract C1773/16 – Reconstruction of the existing Leachate pond at Wyndham RDF to Keystone Civil Pty Ltd, ACN 167 195 619 for the sum of $1,209,954.80 (GST inclusive);

2. Authorise the Director of City Operations to approve variations and contingencies to contract C1773/16 – Reconstruction of the existing Leachate pond at Wyndham RDF up to the sum of the contingency provisions in accordance with the Financial Information section in this report;



(CARRIED)


FILE NO: -




1. Background

Tenders were invited on 14 September 2016 and closed on 12 October 2016.

Three tenders were received as listed below. The tenders were checked for arithmetical correctness and for omissions/qualifications.

No. Tenderers Tendered Price

(excl. GST) TOTAL (incl. GST)

1 Tenderer A Keystone Civil Pty Ltd $892,268.06 $981,494.87

2 Tenderer B $1,777,282.83 $1,955,011.11

3 Tenderer C $2,182,179.00 $2,400,396.00

2. Discussion

Tender Evaluation

The members of the evaluation panel are:

Manager, Waste Management and Disposal

Landfill Operation Manager

Buildings Engineer

Assistant Building Engineer

Design Consultant ( Independent Expert)

The members of the evaluation panel do not have any pecuniary interest in this contract.

The evaluation panel reviewed the tender submissions, tender prices and Best Value for Money (BVFM) criteria calculated by using the ‘Tendered price’ divided by the ‘Total Score’ achieved for the following criteria:

Methodology proposed for the construction 20%

Construction program 30%

Experience and Capability 45%

Environmental management system compliance (EMSC) 5%

Financial capacity to carry out the works Pass / Fail

OH&S System Pass / Fail

BVFM = Tender Price ÷Total Score The bid with the lowest BVFM is the preferred submission.


FILE NO: -




Methodology proposed for construction

20%

Construction Program

30%

Experience and

capability 45%

EMSC

5%

Financial capacity Pass/Fail

OH&S system

Pass/Fail Total Score

Tender bid BVFM

Tender A Keystone Civil P/L

12.60 18.60 22.60 3.00 P P 56.80 $892,268.06 15708.94

Tender B

11.80 14.20 20.20 3.00 P P 49.20 $1,777,282.83 36123.63

Tender C 11.00 14.60 22.60 3.00 P P 51.20 $2,182,179.00 42620.68

According to the tender evaluation scoring the tender submitted by Tenderer 1, Keystone Civil Pty Ltd is the preferred tenderer as it offers the best value for money of all submitted tenders. An extensive tender clarifications process was undertaken during the tender evaluation stage, including:

Council officers met with the highest ranked tenderer Keystone Civil Pty Ltd to clarify the extent of the proposed works;

Quality systems were checked;

The firm’s technical and management expertise and experience were evaluated.

The firm’s capability to carry out works was checked;

Tenderer’s Previous Experience / Working with an EPA Environmental Auditor was checked;

Evidence of OH&S Manual & Procedures and Evidence of a QA Manual & Procedures were checked.

Panel members undertook reference checks, and confirm positive feedback from other organisations that have used this contractor. Due to the tender format and complexity, all tenderers provided some tender clarifications with their original submissions. A number of exclusions were also identified in the tender by Keystone Civil Pty Ltd during the tender analysis. To make a fair assessment of their tender bid, Keystone Civil Pty Ltd was requested to provide prices for these exclusions. This related to the price exclusions from the tender submission for material compliance testing, sampling of clay, High Density Polyethylene liner and geo textiles. On 31 October 2016, the company confirmed in writing its tender allowances and provided the requested prices totalling $207,690.85(GST exclusive), bringing the tender price to $1,099,958.91(GST exclusive). The inclusion of the prices for the material compliance testing, sampling of clay, HDPE and geo textiles did not alter the order of the tenders. The revised tender price of $1,099,958.91(GST exclusive) submitted by Keystone Civil Pty Ltd is $677,323.92 lower than the tender received from the second lowest tenderer.


FILE NO: -




Tender Interview

The Panel members met with Keystone Civil Pty Ltd Director and Estimator to clarify the scope of works, construction procurement and timeframes. As a result of the meeting, Keystone Civil stated that:

a) The tendered lump sum is confirmed.

b) they can commence works in January 2017.

c) Adequate resources will be available to satisfactorily undertake this contract.

Financial Assessment

Council undertook an independent financial health check of the preferred tenderer.

A financial assessment undertaken by Corporate Scorecard Pty Ltd on Keystone Civil Pty Ltd returned a satisfactory result with a Score of 5.66, indicating that the company has a sound financial capacity to undertake the contract.

Experience

Keystone Civil Pty Ltd has experience in the lanfill construction. The company sucessfully completed construction of the Bowser landfill Cell 7 for Rural City of Wangaratta and is currently completing construction of a new leachate pond at the Alexandra landfill for Mirrindi Shire Council.

Keystone Civil Pty Ltd is familiar with the EPA Best Practice Environmental Management requirements for the construction of new landfill cells and leachate ponds.

3. City Plan/QCP

5.3 Business Operations - To deliver best practice management, governance, administrative and human resource systems that support the delivery of Council services and programs to the Wyndham community.

4. Council Policy

Council policy on tendering as applicable to this contract has been complied with.

5. Financial Information

The project for reconstruction of the existing Leachate pond at Wyndham RDF has been incorporated into the 2016 -17 Capital Works Program.

A detailed breakdown of the project revenue and estimate of expenditure is provided in the below table. The amounts shown in the table are GST exclusive.

Available Funding (excl. GST)

W8019 Reconstruction of the existing Leachate pond $1,907,862

TOTAL $1,907,862.00


FILE NO: -




Anticipated Expenditure (excl. GST)

Contract – Keystone Civil Pty Ltd

$1,099,958.91

Construction Contingency & Rock allowance $125,000

Construction of alternative Landfill Gas Relief System* $135,000

Testing, Supervision and Consultancy Service during construction phase $220,000

Supervision Costs $50,000

Authorities Fees & Charges $25,000

TOTAL $1,654,958.91

Note.* To confirm the adequacy of the proposed gas relief system as required by the Auditor and Environmental Protection Authority’s conditional approval of the new leachate pond design, a total 6 boreholes were drilled and monitored at the proposed location for the pond. The findings of the gas assessment, which were received after the tender had closed, concluded that the relatively high gas concentrations required the inclusion of a uniform drainage layer (or blanket) across the basal pond. This will eliminate the potential risk of the liner “ballooning” due to gas pressure build up.

An amount of $260,000 (GST exclusive) should be included for construction contingency, rock allowances and construction of alternative Landfill Gas Relief system under contract C1773/16. The financial analysis of the project shows that there are adequate funds to undertake the project.


The reconstruction of the existing Leachate pond will provide needed facilities for both the local Community and the broader Wyndham Community. The Wests Road Refuse Disposal Facility is one of four (4) nominated landfill sites in the strategic plan of the Metropolitan Waste and Resource Recovery Group.


The reconstruction of the existing Leachate pond will be in compliance with the EPA Best Practice Environmental Management guidelines and will maintain Council’s commitment to protecting the environment by providing a facility to manage and properly dispose of leachate generated from landfill operations. The construction of the new leachate pond and decommissioning of the old unlined pond removes a potential source of leachate migration into groundwater from the RDF. In addition construction of the new leachate pond is required by 30 June 2017 under a Pollution Abatement Notice issued by EPA to Council on 7 November 2016.

8. Options

Council does not have the resources and/or expertise in house to perform the tasks required under this contract. The tender evaluation panel considers that the tender process used in the procurement of this contract and the tender evaluation process used to evaluate the tenders received has resulted in a best value outcome for Council.


FILE NO: -





The construction of a new leachate pond has been discussed with, and is supported by, the Community Reference Group for the RDF.


Council’s decision on this contract will be conveyed to all tenderers. Information regarding the project will be made available via the Wyndham City’s website. There is a likelihood that the recommended tenderer will source some of the materials and workforce from within the municipality and / or region.

11. Project Timeframe

Date of award of contract ........................ ……………………………… December 2016

Contract start date .................................. ……………………………….January 2017

Works completion date………………………………….………………………June 2017

Contract end date including (6 month defects liability period) ……….December 2017


FILE NO: C1778/16


AWARDING OF CONTRACT: C1778/16 - SUPPLY OF ELECTRICAL SERVICES


Summary

This report evaluates tender submissions for Contract No. C1778/16, Supply of Electrical Services and makes a recommendation for the award of the contract. Council has a requirement for the provision of ad hoc maintenance and repair, minor alterations and improvements to the electrical services in Council’s buildings and other facilities. Services to be provided also include electrical testing and tagging of portable electrical equipment. Council intends to engage three contractors for an initial period of three years with the option of extension up to a maximum contract term of five (5) years. These services are part of the recurrent budget for Building Maintenance Services identified in the 2016/2017 Budget for the Facilities Management.

Attachments

Nil


Under Section 80C of the Local Government Act 1989 (as amended), officers providing advice to Council must disclose any interests, including the type of interest. Director City Operations. In providing this advice as the Director, I have no disclosable interests in this report. Manager Facilities and Open Space In providing this advice as the Manager, I have no disclosable interests in this report. Acting Coordinator Facilities Management In providing this advice as the Coordinator and author, I have no disclosable interests in this report. Contracts Officer Facilities Management In providing this advice as the Contracts Officer and author, I have no disclosable interests in this report.

Key Issues


Provision of best value for money;

Provision of an electrical maintenance service that can respond urgent works requests at all times of the day in a timely manner.


FILE NO: C1778/16


AWARDING OF CONTRACT: C1778/16 - SUPPLY OF ELECTRICAL SERVICES (cont’d)


RECOMMENDATION

That Council:

1. Award contract Contract No. C1778/16, Supply of Electrical Services to:

Durante Electrical Contracting Service Pty Ltd - ACN 604 308 027;

QA Electrical Pty Ltd - ACN 124 222 760; and

Werribee Electrical Contracting Service Pty Ltd - ACN 062 075 914,

for an initial period of three years with optional extensions to five years. The total anticipated expenditure for all three contracts for the initial three years of the contract is $858,000 and for the maximum contract term of five years is $1,430,000 (both GST inclusive). These prices exclude rise and fall price adjustment and other variations;

2. Authorise the Manager Facilities and Open Space to approve contract extensions up to the maximum contract term of five years, rise and fall price adjustments and variations within the contingency sum to Contract No. C1778/16, Supply of Electrical Services;



MOTION

CRS INTAJ KHAN / PETER MAYNARD

That Council:

1. Award contract Contract No. C1778/16, Supply of Electrical Services to:

Durante Electrical Contracting Service Pty Ltd - ACN 604 308 027;

QA Electrical Pty Ltd - ACN 124 222 760; and

Werribee Electrical Contracting Service Pty Ltd - ACN 062 075 914,

for an initial period of three years with optional extensions to five years. The total anticipated expenditure for all three contracts for the initial three years of the contract is $858,000 and for the maximum contract term of five years is $1,430,000 (both GST inclusive). These prices exclude rise and fall price adjustment and other variations;

2. Authorise the Manager Facilities and Open Space to approve contract extensions up to the maximum contract term of five years, rise and fall price adjustments and variations within the contingency sum to Contract No. C1778/16, Supply of Electrical Services;



(CARRIED)


FILE NO: C1778/16




1. Background

Council has a requirement for services of suitably qualified and experienced electricians to maintain its infrastructure to a high level for continued service to the community. In order to be able to supply expected demand and also to ensure adequate resources for urgent services, it is considered necessary to engage three contractors for the provision of these services. The contractors would be engaged under a schedule of rates standing offer contract for an initial period of three years with a possible extension of a further two years to a total contract term of five years.

Tenders were invited on 14 June 2016 and closed on 06 July 2016. Fifteen tenders were received from the following organisations:

No. Tenderers

1 QA Electrical Pty Ltd

2 Werribee Electrical Contracting Service Pty Ltd

3 Durante Electrical Contracting Service Pty Ltd

4 Tenderer D

5 Tenderer E

6 Tenderer F

7 Tenderer G

8 Tenderer H

9 Tenderer I

10 Tenderer J

11 Tenderer K

12 Tenderer L

13 Tenderer M

14 Tenderer N

15 Tenderer O

The tenders have been checked for arithmetical correctness and omissions/qualifications and conformance.


FILE NO: C1778/16




2. Discussion

Tender Evaluation


Building Maintenance Officer, Facilities Management;

Contracts Officer, Facilities Management; and

External Consultant – Enmec Pty Ltd.


Tenders were rated using the following criteria and weightings:

The tenders submitted by Durante Electrical Contracting Service Pty Ltd, QA Electrical Pty Ltd and Werribee Electrical Contracting Service Pty Ltd are the preferred tenderers as they had the highest rankings of all submitted tenders.

Weighting

A) QUALITATIVE ASSESSMENT

Financial Capability Pass/Fail


Tender Compliance Pass/Fail

Tender Conformity Pass/Fail

Historical Performance 15%

Capability (including Appropriate Resourcing – Personnel and Equipment - and Methodology, Availability and Response Times)

30%

Quality and Environmental Management Systems 5%

(Quality Units) Total 50%

B) QUANTITATIVE ASSESSMENT

Price 50%


FILE NO: C1778/16




Tenderers Qualitative

Assessment (max. 50%)

Quantitative Assessment (max. 50%)

Total Assessment

(max.100) RANKING

QA Electrical Pty Ltd 44.3 33.4 77.7% 1

Werribee Electrical Contracting Service Pty Ltd

25.7 50.0 75.7% 2

Durante Electrical Contracting Service Pty Ltd

42.8 31.9 74.7% 3

Tenderer D 33.2 32.4 65.5% 4

Tenderer E 31.4 33.8 65.2% 5

Tenderer F 25.0 40.0 65.0% 6

Tenderer G 42.6 21.0 63.6% 7

Tenderer H 32.8 28.6 61.4% 8

Tenderer I 30.8 28.2 59.0% 9

Tenderer J 26.8 26.7 53.5% 10

Tenderer K 28.0 25.0 53.0% 11

Tenderer L 23.2 25.0 48.2% 12

Tenderer M 27.2 17.0 44.2% 13

Tenderer N 19.4 24.4 43.8% 14

Tenderer O Withdrawn* 15

* This tender was effectively withdrawn due to tenderer requesting price adjustment after the close of tenders.

The evaluation process combines the qualitative score and quantitative scores. The three companies achieving the highest overall score reflects that the companies have adequately demonstrated that they have the systems and management procedures to ensure the works under the contract would be professionally undertaken.

The end result of the evaluation process effectively ensures that the three tenderers achieving the highest scores represent the best value for money and the lowest risk profile to Council.

Tender Interview

Durante Electrical Contracting Service Pty Ltd currently undertake works for the Council. Their works and services are satisfactory. As such, they were not interviewed. QA Electrical Pty Ltd was interviewed and advised the following:

a) The tendered rates are confirmed;

b) QA Electrical Pty Ltd can commence works in four weeks from award of the contract; and



FILE NO: C1778/16




Werribee Electrical Contracting Service Pty Ltd was interviewed and advised the following:

a) The tendered rates are confirmed;

b) Adequate resources will be available to satisfactorily undertake this contract.


Financial assessments of the three recommended tenderers were undertaken by Corporate Score Card. All recommended tenderers returned a satisfactory overall rating.

Experience

Council has obtained works and services regularly from the Durante Electrical Contracting Service Pty Ltd and Werribee Electrical Contracting Service Pty Ltd.

Council has not previously had a contract with QA Electrical Pty Ltd. Third party references were checked for QA Electrical Pty Ltd to confirm that their performance was satisfactory.

3. City Plan/QCP

2.2 City Infrastructure – To deliver and maintain Wyndham’s facilities and infrastructure in an efficient and equitable manner that meets community needs.

4. Council Policy



Note: the tendered prices are GST inclusive. The following is GST exclusive. The contract to provide electrical maintenance services for Council’s buildings has been incorporated into the recurrent budget for Building Maintenance identified in the 2016/2017 Budget for Facilities Management.

Available funding (excl. GST)

Account Number and Name – GL 22.214.55564 – Sub- Contractors / Contractors

$260,000

Total Anticipated contract expenditure over first year (excl. GST)

$260,000


FILE NO: C1778/16




The contract will be for an initial period of 3 years with options to extend the contract up to a maximum contract term of five years. Allowances will need to need to be made in the budget processes for contract payments for subsequent years of the contract. The following table provides estimates of the likely total expenditure for all three contracts. There is no guarantee that this will be spent evenly between the contractors.

Anticipated Contract expenditure over five years (excl. GST)

Electrical Services $1,300,000

Allowance for Rise and Fall price adjustment over five years (based on 2.5% price increases per annum).

$65,000

Contingency – due to growth in the number of Council buildings and facilities that need maintenance over the term of the contract and other variations.

$136,000

TOTAL $1,501,000


Council is responsible to maintain all Council’s facilities to a high standard. Council is also responsible to ensure that electrical maintenance services are undertaken in a safe and environmentally responsible manner and that electrical issues in Council buildings and other infrastructure that Council is responsible for are responded to in swift and efficient manner.

This contract will assist in providing the community and Council with safe and usable facilities.


This contract will provide for the maintenance of existing buildings and facility infrastructure throughout Wyndham City, maintaining the buildings’ life and functionality for the use of community members and Council staff.

In selection of the recommended tenderers the submitted tenders were assessed for their environmental systems and commitment. The tender documents and the final contract agreement will have requirements for the installation of energy efficient equipment where possible and the minimization of, and the recycling, of waste.


Employment for workers living in the Western Region of Melbourne is facilitated through this contract. Two of the recommended firms are local businesses. The third company has offices in both Geelong and Airport West and has a number of employees who live within the Municipality.

9. Options

Council does not have the resources and/or expertise in house to perform the tasks required under this contract. The tender evaluation panel considers that the tender process used in the procurement of this contract and the tender evaluation process used to evaluate the tenders received will result in a best value outcome for Council.


Public notice of the invitation to tender for this contract was provided by advertisement in the Age newspaper, on Council’s Website and through the Tenderlink website.


FILE NO: C1778/16





Both the successful and unsuccessful tenderers will be informed of the outcome of the tender process. The services provided under this contract will be utilised by a number of departments across Council. These departments will be informed of the result.

12. Proposed Project Timeframe

Date of award of contract ........................ 15 December 2016

Contract start date .................................. . 11 January 2017

End of First Term ........ ........................... . 10 January 2020

End of Optional Extensions .................... 10 January 2022


FILE NO: C1781/16


AWARDING OF CONTRACT: C1781/16 - SUPPLY OF PLUMBING SERVICES


Summary

This report evaluates tender submissions for Contract No. C1781/16, Supply of Plumbing Services and makes a recommendation for the award of the contract to three contractors. Council has a requirement for the provision of ad hoc maintenance and repair, minor alterations and improvements to the plumbing services in Council’s buildings and other facilities. Council intends to engage three contractors for an initial period of three years with the option of extension up to a maximum contract term of five (5) years. These services are part of the recurrent budget for Building Maintenance Services identified in the 2016/2017 Budget for the Facilities Management.

Attachments

Nil


Under Section 80C of the Local Government Act 1989 (as amended), officers providing advice to Council must disclose any interests, including the type of interest. Director City Operations. In providing this advice as the Director, I have no disclosable interests in this report. Manager Facilities and Open Space In providing this advice as the Manager, I have no disclosable interests in this report. Acting Coordinator Facilities Management In providing this advice as the Coordinator and author, I have no disclosable interests in this report. Contracts Officer Facilities Management In providing this advice as the Contracts Officer and author, I have no disclosable interests in this report.

Key Issues



Provision of a plumbing maintenance service that can respond urgent works requests at all times of day in a timely manner.


FILE NO: C1781/16


AWARDING OF CONTRACT: C1781/16 - SUPPLY OF PLUMBING SERVICES (cont’d)


RECOMMENDATION

That Council:

1. Award Contract No. C1781/16, Supply of Plumbing Services to three contractors:

Danville Tower Pty Ltd, ACN 074 199 072, t/a Burston’s Plumbing and Gasfitting;

International Plumbing Solutions Pty Ltd, ACN 138 660 616, t/a New Plumbing Solutions; and

Paul Ryan Plumbing and Contracting Pty Ltd, ACN 606 267 154,

for an initial period of three years with optional extensions to five years. The total anticipated expenditure for all three contracts for the initial three years of the contract is $1,171.000 and for the maximum contract term of five years is $1,952,000 (both GST inclusive). These prices exclude rise and fall price adjustment and other variations;

2. Authorise the Manager Facilities and Open Space to approve contract extensions up to the maximum contract term of five years, rise and fall price adjustments and variations within the contingency sum to Contract No. C1781/16, Supply of Plumbing Services;

3. Sign and seal the contracts; and


MOTION

CRS INTAJ KHAN / WALTER VILLAGONZALO

That Council:

1. Award Contract No. C1781/16, Supply of Plumbing Services to three contractors:

Danville Tower Pty Ltd, ACN 074 199 072, t/a Burston’s Plumbing and Gasfitting;

International Plumbing Solutions Pty Ltd, ACN 138 660 616, t/a New Plumbing Solutions; and

Paul Ryan Plumbing and Contracting Pty Ltd, ACN 606 267 154,

for an initial period of three years with optional extensions to five years. The total anticipated expenditure for all three contracts for the initial three years of the contract is $1,171.000 and for the maximum contract term of five years is $1,952,000 (both GST inclusive). These prices exclude rise and fall price adjustment and other variations;

2. Authorise the Manager Facilities and Open Space to approve contract extensions up to the maximum contract term of five years, rise and fall price adjustments and variations within the contingency sum to Contract No. C1781/16, Supply of Plumbing Services;

3. Sign and seal the contracts; and


(CARRIED)


FILE NO: C1781/16




1. Background

Council has a requirement for services of suitably qualified and experienced plumbers to maintain its infrastructure to a high level for continued service to the community. In order to be able to supply expected demand and also to ensure adequate resources for urgent services, it is considered necessary to engage three contractors for the provision of these services. The contractors would be engaged under a schedule of rates standing offer contract for an initial period of three years with a possible extension of a further two years to a total contract term of five years.

Tenders were invited on 23 July 2016 and closed on 17 August 2016. Twelve tenders were received from the following organisations:

No. Tenderers

1 Danville Tower Pty Ltd t/a Burston’s Plumbing and Gasfitting;

2 International Plumbing Solutions Pty Ltd t/a New Plumbing Solutions;

3 Paul Ryan Plumbing & Contracting Pty Ltd;

4 Tenderer D

5 Tenderer E

6 Tenderer F

7 Tenderer G

8 Tenderer H

9 Tenderer I

10 Tenderer J

11 Tenderer K

12 Tenderer L

The tenders have been checked for arithmetical correctness and omissions/qualifications and conformance.

2. Discussion

Tender Evaluation


Building Maintenance Officer, Facilities Management;

Contracts Officer, Facilities Management; and

External Consultant – Enmec Pty Ltd.



FILE NO: C1781/16





Weighting

A) QUALITATIVE ASSESSMENT

Financial Capability Pass / Fail


Tender Compliance Pass / Fail

Tender Conformity Pass / Fail

Historical Performance 15%

Capability (including Appropriate Resourcing – Personnel and Equipment - and Methodology, Availability and Response Times)

25%

Quality and Environmental Management Systems 10%

(Quality Units) Total 50%

B) QUANTITATIVE ASSESSMENT

Price 50%

The tenders submitted by Danville Tower Pty Ltd t/a Burston’s Plumbing and Gasfitting, International Plumbing Solutions Pty Ltd, t/a New Plumbing Solutions and Paul Ryan Plumbing and Contracting Pty Ltd are the preferred tenderers as they had the highest rankings of all submitted tenders.




Total Assessment

(max.100) RANKING

Danville Tower Pty Ltd t/a Burston’s Plumbing and Gasfitting;

45.8 49.3 95.1% 1

International Plumbing Solutions Pty Ltd t/a New Plumbing Solutions;

40.2 50.0 90.2% 2

Paul Ryan Plumbing & Contracting Pty Ltd;

40.7 42.9 83.6% 3

Tenderer D 36.8 42.8 79.6% 4

Tenderer E 34.5 44.8 79.3% 5

Tenderer F 28.0 41.6 69.9% 6

Tenderer G 26.8 41.6 68.4% 7

Tenderer H 27.5 40.0 67.5% 8

Tenderer I 20.2 45.7 65.9% 9

Tenderer J 22.5 40.0 62.5% 10


FILE NO: C1781/16







Total Assessment

(max.100) RANKING

Tenderer K 19.2 40.0 59.2% 11

Tenderer L 20.7 34.4 55.0% 12

The evaluation process combines the qualitative score and quantitative scores. The three companies achieving the highest overall score reflects that the companies have adequately demonstrated that they have the systems and management procedures to ensure the works under the contract would be professionally undertaken.

The end result of the evaluation process effectively ensures that the three tenderers achieving the highest scores represent the best value for money and the lowest risk profile to Council.

Tender Interview

Two of the highest ranked tenderers, Danville Tower Pty Ltd t/a Burston’s Plumbing and Gasfitting and Paul Ryan Plumbing and Contracting Pty Ltd, are currently undertake works for the Council. Their works and services are of a good standard. As such, they were not interviewed. The other shortlisted tenderer, International Plumbing Solutions Pty Ltd, t/a New Plumbing Solutions was interviewed and advised the following:

a) The tendered rates are confirmed.

b) The tenderer can commence works in four weeks from award of the contract or sooner if required.



A financial assessment of the recommended tenderers were undertaken by Corporate Score Card. All recommended tenderers returned a satisfactory overall rating.

Experience

Council has obtained works and services regularly from Danville Tower Pty Ltd t/a Burston’s Plumbing and Gasfitting and Paul Ryan Plumbing and Contracting Pty Ltd and their performance has been satisfactory.

Council has not previously had a contract with International Plumbing Solutions Pty Ltd, t/a New Plumbing Solutions. Third party references were checked for the International Plumbing Solutions Pty Ltd, t/a New Plumbing Solutions to confirm that their performance was satisfactory.

3. City Plan/QCP

2.2 City Infrastructure – To deliver and maintain Wyndham’s facilities and infrastructure in an efficient and equitable manner that meets community needs.


FILE NO: C1781/16




4. Council Policy



Note: the tendered prices are GST inclusive. The following is GST exclusive.

The contract to provide plumbing maintenance services for Council’s buildings has been incorporated into the recurrent budget for Building Maintenance identified in the 2016/2017 Budget for the Facilities Management.


Account Number and Name – GL 22.214 55564 – Sub-Contractors / Contractors

$355.000

Total anticipated contract expenditure for the three plumbing maintenance contracts over first year (excl. GST)

$355,000

The contract will be for an initial period of 3 years with options to extend the contract up to a maximum contract term of five years. Allowances will need to need to be made in the budget processes for contract payments for subsequent years of the contract. The following table provides estimates of the likely total expenditure for all three contracts. There is no guarantee that this will be spent evenly between the contractors.

Anticipated Contract expenditure over five years (excl. GST)

Plumbing Services $1,775,000

Allowance for Rise and Fall price adjustment over five years (based on 2.5% price increases per annum).

$89,000

Contingency – due to growth in the number of Council buildings and facilities that need maintenance over the term of the contract and other variations.

$186,000

TOTAL $2,050,000


Council is responsible to maintain all Council’s facilities to a high standard. Council is also responsible to ensure that plumbing maintenance services are undertaken in a safe and environmentally responsible manner and that plumbing issues in Council buildings and other infrastructure that Council is responsible for are responded to in swift and efficient manner.

This contract will assist in providing the community and Council with safe and usable facilities.


FILE NO: C1781/16





This contract will provide for the maintenance of existing buildings and facility infrastructure throughout Wyndham City, maintaining the buildings’ life and functionality for the use of community members and Council staff.

In selection of the recommended tenderers the submitted tenders were assessed for their environmental systems and commitment. The tender documents and the final contract agreement will have requirements for the installation of energy efficient equipment where possible and the minimization of, and recycling of waste.


Employment for workers living in the Western Region of Melbourne is facilitated through this contract. Both Danville Tower Pty Ltd t/a Burston’s Plumbing and Gasfitting and Paul Ryan Plumbing and Contracting Pty Ltd are local businesses. International Plumbing Solutions Pty Ltd, t/a New Plumbing Solutions has an employee who lives within the municipality and additional employees who live in the west of Melbourne. These employees will be providing services to Council under the contract.

9. Options

Council does not have the resources and/or expertise in house to perform the tasks required under this contract. The tender evaluation panel considers that the tender process used in the procurement of this contract and the tender evaluation process used to evaluate the tenders received will result in a best value outcome for Council.


Public notice of the invitation to tender for this contract was provided by advertisement in the Age newspaper, on Council’s Website and through the Tenderlink website.


Both the successful and unsuccessful tenderers will be informed of the outcome of the tender process. The services provided under this contract will be utilised by a number of departments across Council. These departments will be informed of the result. 12. Proposed Project Timeframe


Contract start date .................................. 11 January 2017

End of First Term ........ ........................... 10 January 2020

End of Optional Extensions .................... 10 January 2022


FILE NO: C1809/17


AWARDING OF CONTRACT: C1809/17- PURCHASE OF NEW LANDFILL COMPACTOR FOR REFUSE DISPOSAL FACILITY (RDF)


Summary

This report presents the evaluation of submissions for the procurement of a New Landfill Compactor as a component under the Tender - C1809/17 Supply Delivery & Trade-In of: New Compactor, Wheel Loader and Track Loader For Refuse Disposal Facility - RDF. The procurement of a new landfill compactor is required to replace one of the two existing landfill compactors operating at the RDF. Landfill compactors are essential for the day to day operations at the RDF’s landfill. This report outlines the procurement process undertaken and recommends the awarding of the Contract C1809/17 Supply Delivery and Trade-In of New Landfill Compactor for a new landfill compactor to a supplier. This report seeks the Councils endorsement to award Contract C1809/17 Supply Delivery and Trade-In of New Landfill Compactor the recommended supplier and execute all related agreements.

Attachments

Nil


Under Section 80C of the Local Government Act 1989 (as amended), officers providing advice to Council must disclose any interests, including the type of interest. Director City Operations In providing this advice as the Director, I have no disclosable interests in this report. Manager Waste Management and Disposal In providing this advice as the Manager, I have no disclosable interests in this report. RDF Project Engineer – Waste Management and Disposal In providing this advice as the Author, I have no disclosable interests in this report.

Key Issues


Provision of best value for money.


FILE NO: C1809/17


AWARDING OF CONTRACT: C1809/17- PURCHASE OF NEW LANDFILL COMPACTOR FOR REFUSE DISPOSAL FACILITY (RDF) (cont’d)


RECOMMENDATION

That Council:

1. Award contract C1809/17 Supply Delivery & Trade-In of New Landfill Compactor to GMC Enviro Pty Ltd ACN 109538123 for the sum of $1,155,010 (GST inclusive);

2. Authorise the Manager of Waste Management & Disposal to approve variations and contingencies to contract C1809/17 Supply Delivery & Trade-In of New Landfill Compactor, up to the sum of the contingency provisions in accordance with the Financial Information section in this report;



MOTION

CRS TONY HOOPER / JOSH GILLIGAN

That Council:

1. Award contract C1809/17 Supply Delivery & Trade-In of New Landfill Compactor to GMC Enviro Pty Ltd ACN 109538123 for the sum of $1,155,010 (GST inclusive);

2. Authorise the Manager of Waste Management & Disposal to approve variations and contingencies to contract C1809/17 Supply Delivery & Trade-In of New Landfill Compactor, up to the sum of the contingency provisions in accordance with the Financial Information section in this report;



(CARRIED)


FILE NO: C1809/17




1. Background

Heavy plant equipment items are essential to the day to day operations at the Refuse Disposal Facility’s (RDF) landfill and waste transfer station. The RDF replaces essential heavy plant equipment items at 10,000 hours of operation.

The tender C1809/17 Supply Delivery & Trade-In of: New Compactor, Wheel Loader and Track Loader For Refuse Disposal Facility – RDF was developed to enable supplier’s to offer either one, two or all three heavy plant equipment items.

Invitations for tender submissions were issued through Municipal Association of Victoria (MAV) Procurement. The MAV Procurement unit provides a process whereby Councils tender for products and services to obtain better value through combined purchasing power and to minimise purchasing compliance risk.

A request for quotation process inviting tenderers was issued through the MAV Vendor portal on 26 August 2016 and closed on 21 September 2016.

WCC received six tender submissions, of these:

one tenderer offered to supply all 3 items,

one tenderer offered to supply two of the three items,

four tenderer’s offered to supply one item each.

After evaluating all submissions WCC’s tender panel recommended awarding three separate contracts to individual suppliers. Three reports have been compiled corresponding to each plant item and have been presented to the appropriate authority within Council to meet WCC procurement guidelines. The report for the new landfill compactor contract has been presented to Council for endorsement as it exceeds the value of $1,000,000.

The three suppliers that provided submissions for a New Landfill Compactor in the Tender C1809/17 Supply Delivery & Trade-In of: New Compactor, Wheel Loader and Track Loader For Refuse Disposal Facility – RDF are listed below.

The tenders were checked for arithmetical correctness and for omissions/qualifications.


(incl. GST)

Provisional Items if

applicable (incl. GST)

TOTAL (incl. GST)

1 GMC Enviro Pty Ltd $ 1,059,740 $ 97,971 $ 1,157,711

2 Tenderer B $ 1,340,882 $ 114,889 $ 1,455,772

3 Tenderer C $ 1,303,563 $ 49,280 $ 1,352,843


FILE NO: C1809/17




2. Discussion

Tender Evaluation


1. RDF Operational Manager – Waste Management and Disposal

2. Coordinator Fleet Manager – Facilities and Open Space

3. RDF Site Supervisor – Waste Management and Disposal

4. RDF Team Leader - Waste Management and Disposal

5. RDF Project Engineer – Waste Management and Disposal


The tender evaluation panel included members with extensive experience in the RDF’s operation and/or procurement of heavy plant equipment, thus providing:

Historical knowledge of the past heavy plant equipment purchased for the RDF.

Experience with different suppliers

Knowledge of maintenance and repair issues and associated costs

Understanding of RDF operational needs, OH&S requirements for operators.

Identification of inherent flaws and potential weaknesses of heavy plant operating in a landfill environment

A comprehensive tender clarification and evaluation process was performed including:

Site visits to other landfill sites to inspect and operate identical or similar landfill compactors offered.

Discussions with other landfill managers and equipment operators to explore their experience with different landfill compactors.

Interviews with each Tenderer to determine the exact details of warranty cover and proposed service and maintenance agreement.

Several assessment panel meetings to discuss submissions and RDF’s landfill compactor requirements.


FILE NO: C1809/17




Panel members rated the tenders using the following criteria and weightings as detailed in the initial tender documents:

Weighting

A. Qualitative Assessment

Financial capability Pass/Fail

OH&S system Pass/Fail

Tender compliance Pass/Fail

Tender conformity Pass/Fail

Fit for Purpose 40%

Maintenance Agreement, Spare Part & Services 15%

Experience & Capability 5%

Delivery Date 5%

(Quality units) Total 65%

B. Quantitative Assessment

Price 35%

Table of Tenderer’s scores and ranking.


Assessment (max. 65 )

Quantitative Assessment (max. 35 )

Total (max.100)

Tendered Price

(incl GST) RANKING

GMC Enviro Pty Ltd 55.6 35.0 90.6 $ 1,157,711 1

Tenderer B 48.3 27.8 76.2 $ 1,340,882 2

Tenderer C 46.2 30.0 76.1 $ 1,303,563 3

The tender submitted by GMC Enviro Pty Ltd is the preferred tenderer as it has the highest ranking of all submitted tenders as tabled above.


FILE NO: C1809/17




Tender Interview

The highest ranked tenderer GMC Enviro Pty Ltd was interviewed on 24 November 2016 and advised the following:


b) GMC Enviro Pty Ltd can deliver the New Landfill Compactor in 8 weeks from award of the contract.


GMC Enviro Pty Ltd has been trading since 2004 and has supplied over 130 landfill compactors in Australia.

Experience

WCC has purchased four landfill compactors from GMC Enviro Pty Ltd, the first being in 2004.

WCC experience with the GCM Enviro Pty Ltd landfill compactors have been:

The compactors achieve the desired compaction of municipal and putrescible waste to maximise utilisation of landfill airspace and landfill profitability.

GMC Enviro’s service technicians and mechanics have provided an exceptional level of service to ensure compactor breakdowns are repaired as quickly as possible with express shipment of parts and 24 hour/ 7 days a week service availability.

Their landfill compactors have a high ease of use for operators and the training new operators

The operators have good vision from cabin to prevent collisions with other vehicles

The cabins and seats are ergonomic and comfortable for operators.

3. City Plan/QCP

5.5 Financial Services - To manage resources efficiently and effectively to ensure Council's financial sustainability now and into the future.

4. Council Policy



FILE NO: C1809/17





Note: the tendered prices are GST inclusive. The following financial information is GST exclusive.

The project for C1809/17 Supply Delivery & Trade-In of New Landfill Compactor has been incorporated into the Integrated Plan and Budget for 2016-17 as approved and adopted by Council on 14 June 2016.

Available funding – Landfill Compactor Component (excl. GST)

W C8100 $ 1,250,000.00

TOTAL $ 1,250,000.00

Anticipated expenditure (excl. GST)

Contract – GMC Enviro Pty Ltd $ 963,400.00

Provisional Items $ 89,065.00

Contingency (15%) $ 197,535.00

TOTAL $1,250,000.00


The procurement of essential heavy plant equipment is necessary for the RDF’s operability & profitability. The RDF provides an essential waste disposal service to WCC community, ratepayers and broader community. Revenue from the RDF also assists in meeting Council’s social obligations.


The procurement of essential heavy plant equipment is necessary for the RDF to meet EPA licence conditions and the environmental protection measures encompassed within these conditions such as the protection of groundwater and reducing Greenhouse Gas emissions. The use of landfill compactors ensure maximum utilisation of landfill airspace and the resources associated with running the landfill.


The procurement of essential heavy plant equipment is necessary for the RDF’s operability. The use of landfill compactors ensure maximum utilisation of landfill airspace and increased the profitability of running the landfill.

The RDF provides essential revenue to WCC. The RDF directly employs over 20 staff.


FILE NO: C1809/17




9. Options

Council does not have the resources and/or expertise in house to perform the tasks required under this contract. The tender evaluation panel considers that the tender process used in the procurement of this contract and the tender evaluation process used to evaluate the tenders received has resulted in a best value outcome for Council.


No community consultation has been performed directly in relation to the purchase of heavy plant equipment for the RDF. Council’s Waste Management & Disposal Manager consults every 2 months with a community reference group about the operation of the RDF.


Council’s decision in relation to the award of this tender will be conveyed to all tenderers.


Date of award of contract ........................ December 2016.

Delivery date .......................................... February 2016.

End of 36 month Service &

Maintenance agreement ......................... February 2019.


FILE NO: C1842/17


AWARDING OF CONTRACT: C1842/17 - RECONSTRUCTION OF CAYLEYS ROAD, MASONS LANE AND WHITES ROAD, WERRIBEE SOUTH


Summary

This report evaluates the tender submission for the reconstruction of Cayleys Road, Masons Lane and Whites Road, Werribee South. The project involves the excavation, reconstruction and widening of road pavement including widened asphalt pavement, line marking, table drain, underground road drainage and associated nature-strip works. The project is listed for construction in the 2016/2017 Capital works program.

Attachments

1.View Location Plan


Under Section 80C of the Local Government Act 1989 (as amended), officers providing advice to Council must disclose any interests, including the type of interest. Director City Operations In providing this advice as the Director, I have no disclosable interests in this report. Manager Assets & Roads In providing this advice as the Manager, I have no disclosable interests in this report Senior Design Engineer In providing this advice as the Author, I have no disclosable interests in this report.

Key Issues



RECOMMENDATION

That Council:

1. Award contract C1842/17 Reconstruction of Cayleys Road Masons Lane and Whites Road to Excell Gray Bruni (ACN 32 007 387 546) for the sum of $1,111,722.20 (GST exclusive);




FILE NO: C1842/17


AWARDING OF CONTRACT: C1842/17 - RECONSTRUCTION OF CAYLEYS ROAD, MASONS LANE AND WHITES ROAD, WERRIBEE SOUTH (cont’d)


MOTION

CRS PETER MAYNARD / MIA SHAW

That Council:

1. Award contract C1842/17 Reconstruction of Cayleys Road Masons Lane and Whites Road to Excell Gray Bruni (ACN 32 007 387 546) for the sum of $1,111,722.20 (GST exclusive);



(CARRIED)


FILE NO: C1842/17




1. Background

Public Tenders were invited on 29 October 2016 and closed 12:00 noon on Wednesday 23 November 2016. Only one tender (as listed below) was received in accordance with the tender requirements. The tender was checked for arithmetical correctness and for omissions/qualifications.


(incl. GST)

Provisional Items if

applicable (incl. GST)

TOTAL (incl. GST)

1 Excell Gray Bruni $1,222,905.42 $210,045.00 $1,432,950.42

2. Discussion

Tender Evaluation


Engineering Construction Coordinator

Engineering Design Coordinator

Senior Design Engineer



Weighting

A. Qualitative Assessment

Financial capability Pass/Fail

OH&S system Pass/Fail

Tender compliance Pass/Fail

Tender conformity Pass/Fail

Historical performance 22%

Capability (including appropriate resourcing – personnel and equipment) 8%

Program, methodology, traffic management and timeliness 22%

Quality system 4%

Environmental system 4%

(Quality units) Total 60%

B. Quantitative Assessment

Price 40%


FILE NO: C1842/17




The evaluation panel discussed need to go back to the market and seek additional contractor interest on the basis of best value, given only one tender was received. The urgency of the project was also considered and the following issues were identified:

1. The construction works must commence by the end of January 2017 to avoid mud/dust issues for local farmers in wet weather. There has been a significant issue with similar projects in the past. To revisit the procurement would likely result in a failure to meet this timeframe.

2. The market at this time of the year is generally tight with contractors normally seeking to have an extended break during summer, and accordingly there is real risk of the failure to attract any further interest and indeed, a slight risk of losing the contractor currently under consideration.

3. This contract carries a restrictive design that make any attempts to accelerate the

program impossible. The Contractor also must work on shoulders with local traffic to be maintained and the contractor currently under consideration has a good record of this type of service without creating undue inconvenience to local residents.

Accordingly the panel sought to confirm the submission in terms of Best Value through alternate means. The submission was bench marked against the preliminary engineer’s estimate as well as past, similar Werribee South projects. This examination determined that the price submitted by Excell Gray Bruni was within the pre-tender estimate and provided value for money.

Accordingly, it is proposed to recommend Excell Gray Bruni as the preferred tenderer.


Assessment (max. )

Quantitative Assessment

(max. )

Total (max.100)

Tendered Price

(incl GST) RANKING

Excell Gray Bruni 50 40 90 $1,222,905.42 1

Tender Interview

Excell Gray Bruni was interviewed on 29 November 2016 and advised the following:


b) Excell Gray Bruni can commence works in two weeks from award of the contract.


d) The twenty week construction period is adequate.


A financial assessment was recently undertaken and returned satisfactory results.

Experience

Excell Gray Bruni has satisfactorily completed a number of projects within the Wyndham municipality including road rehabilitation and road reconstruction projects. The contractor has adequate resources to allocate to this contract to complete it on time. The quality of Excell Gray Bruni’s work has been highly satisfactory.


FILE NO: C1842/17




3. City Plan/QCP

2.2 City Infrastructure - To deliver and maintain Wyndham's facilities and infrastructure in an efficient and equitable manner that meets community needs.

4. Council Policy



Note: the tendered prices are GST inclusive. The following is GST exclusive.

The project for the Reconstruction of Cayleys Road Masons Lane and Whites Road is incorporated into the Integrated Plan and Budget for 2016-17 as approved and adopted by Council on 27 June 2016.


W 3140 $ 2,450,000.00

TOTAL $2,450,000.00

Anticipated expenditure (excl. GST)

Contract – Excell Gray Bruni $1,111,722.20

Provisional Items (if applicable) $190,950.00

Supervision Cost (if applicable) $32,566.81

Advertising $500.00

Project Signs (if applicable) $500.00

TOTAL $1,336,239.01


Existing infrastructure will be renewed by this project improving the image and presentation of

the area.


The reconstruction of these roads is likely to reduce the hazard for the road users. The works will involve retaining existing pavement and to supplement this with additional layers. This avoids ‘over excavation’. Recycled gravel material is also proposed to be used where possible. Works are proposed to commence in January to avoid wet months.


FILE NO: C1842/17




8. Options

Council does not have the resources and/or expertise in house to perform the tasks required under this contract. The tender evaluation panel considers that the tender process used in the procurement of this contract has resulted in a best value outcome for Council.


Information signs will be installed on the project sites. A newsletter will be delivered to the surrounding properties prior to the commencement of the works. In the event of significant delay, a newsletter will be delivered to update the affected residents. In addition, all affected residents will be kept informed where appropriate throughout the project delivery phase.


Council’s decision in relation to the award of this tender will be conveyed to all the tenderers.



Contract start date .................................. 30 January 2017

Works completion date ........................... 26 May 2017

Defects liability period . …………………..3 months

Contract end date ...... ........................... 26 August 2017

ATTACHMENT NO: 1 - LOCATION PLAN ITEM NO: 8.5


CONTRACT SUMMARY ORDINARY COUNCIL MEETING MONDAY, 12 DECEMBER 2016

FILE NO: 12122016

ITEM NO: 9.1

INFRASTRUCTURE CONTRACT SUMMARY


In accordance with the Instrument of Delegation – Council to CEO and Other Staff dated 24 June 2013, this report summarises the status of tenders and contracts awarded for the period 11 November to 24 November 2016.

Tenders Advertised C1846/17 Tarneit Road Duplication, between Hogans Road and Caraleena Drive

The works include excavation and construction of new road pavement including asphalt paving, kerb and channel, footpaths, traffic signals, public street lighting, linemarking and associated nature strip works.

C1856/17 James Cook Drive Park Construction Park construction works, including supply and installation or construction of earthworks, drainage, paving, planting, furniture, playground equipment, and irrigation system.

C1854/17 Landscape Drive Park Construction

Park construction works, including supply and installation or construction of earthworks, drainage, paving, planting, furniture, playground equipment, and irrigation system.

C1845/17 Commercial Leasing and Managing Agent Bridge Hotel 197 Watton Street,

Werribee Commercial Leasing and Managing Agent services to assist Council in attracting a suitable lessee to refurbish, occupy and operate the Bridge Hotel at 197 Watton Street, Werribee as a quality food and beverage based business.

C1843/17 Ballan Road Drainage and Recreation Close Rehabilitation Works The excavation and construction of storm water drainage and road pavement rehabilitation works including asphalt paving, kerb and channel, line marking, concrete works, road drainage, tree removal and associated nature-strip works.

C1841/17 Paved Roads Rehabilitation

The rehabilitation of road surface including paver paving, kerb and channel and associated nature-strip works.

C1837/17 Victoria University Athletics Track Surfacing

Works are required to resurface the Victoria University (VU) Athletics track located in Hoppers Crossing. The works involves the development of the Technical Specification for the most cost effective method for surfacing and the implementation of these works

C1817/17 Williams Landing Reserve Construction The construction of two (2) sports fields, six (6) tennis courts, playground area with all associated works & services such as irrigation, electricity, sports lighting, drainage and surrounding landscape works.


FILE NO: 12122016

ITEM NO: 9.1

INFRASTRUCTURE CONTRACT SUMMARY (cont’d)


Tenders Under Evaluation C1844/17 Three 7500kg Minimum GVM Beavertail Trucks

The supply and delivery of three new Single Cab (AMT) 7500kg minimum GVM Beavertail Trucks fitted with hydraulically operated tailgate. Each truck must be capable of transporting one out front mower fitted with 72" rear discharge deck safely and in accordance with all relevant regulations (Mower Dimensions: 3400mm length x 1900mm width Weight 1200kg).

C1842/17 Reconstruction of Cayleys Road Masons Lane & Whites Road The excavation and construction of road pavement including asphalt paving, line marking, road drainage and associated nature-strip works.

C1840/17 Electrical Upgrade Works & Installation of Light Poles at Wyndham RDF

The supply, delivery and installation of all materials together with the provision of all services required for the installation of light poles at Wyndham RDF.

C1836/17 Drainage Repair Works Replacing sections of stormwater drainage pipe for the removal of blockages. Works will be in drainage easements in private property and public reserves. Associated works include pavement and kerb and channel cutting and reinstatement, and traffic control (at schedule of rates) and drainage pit replacement (by quotation).

C1834/17 Design Services for the Williams Landing Sports Pavilion The design of a new sports pavilion, with all ancillary facilities, car parks and landscaping.

C1819/17 Road Condition Survey 2016 Condition survey of all Council owned roads, on-road car parks, off-road car parks, kerb & channel and pathways.

C1816/17 Design Services for the Galvin Park Tennis Pavilion, Werribee The design of a new sports pavilion, with all ancillary facilities, car parks and landscaping.

C1814/17 Refurbishment Works at Wyndham Cultural Centre Supply, delivery and installation of all materials together with the provision of all services required for the refurbishment works at Wyndham Cultural Centre.

C1813/17 Sports Field Lighting Works

Supply and installation of lighting infrastructure to sports fields and courts across the Wyndham City municipality. A panel of contractors will be appointed from which the Council will invite quotes for various sports field lighting contracts.

C1812/17 Supply and Installation of Floor Coverings Supply and installation of carpet and vinyl floor coverings for Council's buildings, including offices, public libraries, recreation facilities and other municipal buildings. Carpet required includes both commercial broadloom and tiles.


FILE NO: 12122016

ITEM NO: 9.1



C1811/17 Baden Powell Drive Reserve Construction Construction of a new reserve including play spaces, picnic areas, fitness equipment, car park, toilet block, associated hard and soft landscaping and a regional size skate park.

C1806/17 Footpath Construction Construction of residential footpaths and shared pathways. Annual supply contract for 1 year with the option of 2 x 1 year extension to be reviewed annually by Council.

C1803/16 Installation of Solar PV System - 8 Wyndham City Locations The design, supply, installation, and commissioning of Solar PV systems at 8 Wyndham City Council sites.

C1800/16 Supply of Painting Services Services for internal and external painting of Council's buildings and other infrastructure.

C1782/16 Supply of Minor Building Services

Supply of carpentry and joinery services on an ad hoc basis for the maintenance and repair, minor alterations and improvements for Council buildings and other facilities.

C1781/16 Supply of Plumbing Services

Plumbing services for ad hoc maintenance and repair, minor alterations and improvements to Council's buildings and other facilities.

C1778/16 Supply of Electrical Services

Provision of ad hoc maintenance and repair, minor alterations and improvements to the electrical services in Council’s buildings and other facilities.

C1773/16 Reconstruction of Existing Leachate Pond at Wyndham RDF

Supply, delivery and installation of all materials together with the provision of all services required for the reconstruction of existing Leachate Pond.

C1772/16 Specialised & General Cleaning Services Provision of cleaning services including carpet and window cleaning as well as other general building cleaning services.

C1771/16 Consultancy Services for Design & Construction of Landfill Cell 5a Consultant services for Design, Environmental Auditing, Geotechnical Testing and Geo synthetic Verification for the construction of a new landfill cell.

Q1772/17 Condition Audit for Bridges & Culverts Structural condition audit and other related information for Council owned and/or managed bridges and culverts within the Municipality.

Q1770/17 Alterations to Kindergarten Toilets at Point Cook Community Centre Supply, delivery and installation of all materials together with the provision of all services required for the alterations to kindergarten toilets.


FILE NO: 12122016

ITEM NO: 9.1



Q 1769/17 Alterations to Kindergarten Toilets at Wyndham Vale Community Centre Supply, delivery and installation of all materials together with the provision of all services required for the alterations to kindergarten toilets.

Contracts Awarded by Council Nil

Contracts Awarded under Delegation CEO C1740/16 Alison Street Park Construction awarded to Planned Constructions Pty Ltd

for the sum of $905,589.30 General landscaping works to construct a new park. The works will include a design and construct irrigation system, supply and installation or construction of earthworks, drainage, paving, planting, furniture, playground equipment and a skate area.

Director Nil

RECOMMENDATION: That the Infrastructure Contract Summary Report be received and noted.

MOTION: CRS PETER MAYNARD / INTAJ KHAN That the Infrastructure Contract Summary Report be received and noted.

(CARRIED)

ORDINARY MEETING Monday 12 December 2016


10.1 A questions was received from Warren Mcintosh

Question: Q1. Can the Council please reaffirm their commitment to the Werribee South Green Wedge

Q2. Given the recent articles in the Herald Sun (Oct 9) and the Star Weekly (Dec 6) both appear to contradict the Council position. What will be done by Council to censor Cr Khan from continuing to make these statements

Answer: Q1. CEO, Kelly Grigsby advised that earlier in the evening the Mayor made a statement in relation to the future of the Green Wedge and Council’s position has not changed. Council is required to have a Green Wedge Policy and Management Plan in place, because the Green Wedge is protected under the Planning & Environment Act, which is also articulated further in the Melbourne 2030 Plan. Council as the responsible planning authority is required to go through the process of reviewing that policy every 5 years, but the continuation of the Green Wedge to the future, is a State planning policy matter. Suffice to say despite the comments that were in the media, Council’s position remains the same. Council is currently at the stage where an Independent panel will make deliberations, consider objections received to the policy framework etc. Once that panel process is concludes, Council will consider a further report on the matter.

Q2. CEO, Kelly Grigsby’s advised that the response in regards to those articles were covered in the previous questions and that Council’s position has not changed. There is a media policy in place that Council expects Councillors to adhere to. If there is a breach in that policy then this is usually handled through a Councillor Code of Conduct arrangement, so these are the source of opportunities that are available to Council in relation to any breach of policy by a Councillor in regards to any matter.

10.2 A question was received from Andrew Knight to item 6.1.1

Question: What criteria would the Council consider relevant in a decision to lease or not lease the land at Boyanich Court to Vodafone?

Specifically, what would it take for you to not lease the land?

Answer: Q1.Director City Transformation, Steve Lambert advised Council takes into consideration a number of items when considering the lease. Firstly whether there has been a planning permit issued and there is no exploration of lease until this occurs, the existing use of the land, the future use of the land, the Commercial lease terms and conditions, the lease document being of suitable content to Council, the Community needs for facilities such as mobile towers and the financial return to Council. These are all matters that Council officers consider before making a recommendation to Council.

Q2. Director City Transformation, Steve Lambert advised that Council officers, in

considering a recommendation to Council, would consider the criteria raised in the previous point and would need to meet the criteria to issue a lease. The failure to meet one of the criteria or multiples of the criteria in a significant way would be required before Council Officers would recommend to Council to not issue a lease for the site. Individually, there is no one element that would see a rejection for the lease.

COUNCILLOR’S REPORTS ORDINARY MEETING Monday 12 December 2016


10.3 A question was received from Steve Hardeman to item 6.1.1

Question: After constant reading of the Planning application Report by CPS Global, on behalf of Vodafone and Optus, I find it rather conflicting and confusing as to their choice of sites for the Tower, due to residential impact, distance and proximity to schools and sporting grounds.

Also, information regarding emissions Low Impact Facilities dates back to 1997. Since then there have been further studies which is indicating that these Towers may have or contribute to Health Effects. This tower will only have a radius of 2kms per this report and you must question the reasons for this tower Vodafone and Optus to apply for more panel antennas for the tower or even have other Telecommunication companies utilise the tower, thus increasing it from a Low Impact Facility. Back in 2014, the Geelong Council was faced with a similar issue and voted against the lease, and constant reading of the application. I ask the question is this a viable requirement, how long is the tower going to operate with constant changes to Technology and if no longer required will Vodafone remove the tower.

Answer: Director City Transformation, Steve Lambert advised this question is for Vodafone and not Council. Once the lease is agreed to by Council, Vodafone will have a right to occupy the site, whether they choose to do so or not is up to them. If technology has moved to the point where the tower is no longer a requirement, they can leave the tower in position until the end of the lease, but at the expiration of the lease they will be required to clean the site and return it back to its original condition, assuming the lease is not rolled over to another period of time. The decision on when it gets to that point is for Vodafone, other than the expiration of the lease.

10.4 A question was received from Lisa Heinrichs

Question: With Council looking at live streaming, which I think is a great overdue initiative, will Council then review Public Question time? Will questions be permitted from the streaming audience? Can questions from the gallery/audience asked be expanded to the point of seeking further clarification a 2nd verbal question be taken?

As Wyndham’s biggest employer, would Council allow an employee to only turn up 18% of the time, not call with a reason and when they did turn up only arrive an hour before the end of the day? How long would that person be eomployed for? Could Council please explain how long residents, the employees of Councillors, should have to put up with it?

Answer: Q1. CEO, Kelly Grigsby advised Council will look at these issues when reviewing its Meeting Procedure Local Law in early 2017.

Q2. CEO, Kelly Grigsby advised the question refers to the attendance by Councillors at Council functions. Councillors under the Local Government Act (LGA) are only required to attend a minimum number of Council meetings, which is stipulated quite clearly in the LGA. Albeit other Councils have different practices in place in terms of attendance, but in terms of the law itself and the requirements of the LGA, all a Councillor is required to do is to attend Ordinary Council Meetings



10.5 A question was received from Rohan Waring

Question: Given the underground fire/hot spot at the RDF, will Council commit to reporting to the wider Council at the January council meeting on progress on extinguishing the fire and damage caused to RDF infrastructure and on the progress of any investigation on the cause of the event?

Can Council update the community on the progress made on chasing up candidates on investigation of candidate signage on public land and candidates who have not submitted a donations report to date?

Answer: Q1. Director City Operations, Stephen Thorpe advised the hot spot is a very slow combusting area of refuse, deep within the landfill and they are not uncommon in landfills. In the words of the EPA, they are essentially an Occupational Hazard. When operating a large landfill, as a routine operational activity the extinguishing of the hot spot would not normally be reported to the community. There is currently no damage to the landfill infrastructure at this stage and since discovering the hot spot, consultation has occurred with the Community Reference Group in relation to the extent of the hot spot and the relevant ways of treating it. The EPA has been fully consulted in relation to the hot spot and methods to extinguish it. They have advised it is extremely low risk matter and will soon begin extinguishing the hot spot using water.

Q2. Director City Operations, Stephen Thorpe advised no permission was given for any election signs to be erected on public land and any signs that were erected were removed by Council staff. Election signs that were erected on private land are exempt and those signs were required to be removed within 14 days of the election. Where the signage has remained, Council has asked for it to be removed. This has happened several times since the election. If people fail to remove the sign this can result in a fine of up to $777. In relation to the Donations Register this is a State Government requirement and Council has no role in enforcing this requirement, however all Councillors have been encouraged to complete the register.

10.6 A question was received from W. Strong to item 6.5.1

Question: If the proposal is approved, will Council continue to post the usual written minutes of each OCM and Special Meeting, in document form on its website.

Answer: CEO Kelly Grigsby advised, yes this will still occur.

10.7 A question was received from W. Strong

Question: Could Council advise as to the current status of the underground fire/hot spot, in cell 4A at the West Road RDF? The latest information that I am aware of is that it was discussed at a Special Council Meeting of the Community Reference Group on 21 November 2016 and the follow up was not made to the public

Answer: Q1. CEO, Kelly Grigsby, referred to the answer previously given in question 10.5.

Q2. Director City Operations, Stephen Thorpe advised that it was disclosed at a Community Reference Group meeting making information available to the community about the hot spot and the issues associated with the treatment was considered. Local media have been briefed and Council has also responded to a media enquiry. At this stage nothing has appeared in the media. Discussions will continue with the Community Reference Group.



10.8 A question was received from Derek Zeng

Question: What to put in Williams Landing Sports Reserve site should be truly reflecting the actual demands of the whole community. The proposal was drafted and established back in 2011, however the population and demographic of Williams Landing has significantly changed since then, so that the proposal might be inappropriate against the current needs of the community.

What kind of continuous assessment that Council and the State Government have collaboratively or independently actioned to assure the true needs of the community is still met now.

Answer: Director City Life, Jenny McMahon advised there was quite a lot of debate in the Chamber tonight and a number of comments have answered the question. There has been ongoing community consultation for a period time, which Cr Maynard referred to when he was speaking to the Motion at Item 7.1. Since April 2016, further consultation has occurred. The needs of the Community are always changing and there is certainly scope to have further conversations with the community. It is intended that there will be some further engagement with local residents to identify any further sports that could be incorporated into the reserve in the future and around the particular delivery in governance models.