Council Minutes - Section B: Reports - 20 September 2017

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Reports tabled at the Ordinary Meeting of Council on Tuesday date held at the Council Conference and Reception Centre in City Hall, 57 Little Malop Street, Geelong.

1. Civic Precinct and Accommodation Strategy

Purpose

The purpose of this report is to establish a preferred site and strategy for delivery of a central administration and civic building for Council.

Background

Council’s administrative and civic functions are located over 9 separate locations in and around the Central Area. Recognising that this fragmentation reduces productivity and creates cultural differences between work locations Council, as early as 1998, identified the need to investigate its long term accommodation needs.

A series of reports and strategies have been considered over the years since 1998. In 2007-8 Council purchased a site of 4,655m2 at 137 Mercer Street in order to establish a purpose built office accommodation building. No further action has been taken however to consolidate operations at this location. Since acquiring the site the solution to accommodation demands has been to lease further commercial office space.

The Commission of Inquiry into the Greater Geelong City Council April 2016 recommended thatAction be initiated to consolidate Council departments in one central location to unify the organisation, deliver increased efficiency and productivity and release surplus assets for more economic uses”.

Since November 2016 Council staff, working with consultants, have:

• Tested the earlier work by evaluating available central city sites for establishment of a single civic precinct which could include new office accommodation and associated community facilities. This evaluation has had regard to the revitalisation program currently underway in Central Geelong.

• Broadly evaluated various methods of financing the establishment of the project including possible reuses and/or disposal of vacated Council property and other property assets. Further work is required on this issue once a location is determined.

Key Issues

• Council’s administrative functions currently occupy 12,480m2 of floorspace over 9 locations. Using contemporary office space standards, projected population growth and service demand and future requirements for civic activities (Council Chamber, Councillor offices, meeting rooms, reception space, etc.) Council will need 15,000m2 of office space in 2033.

• Ideally a new accommodation complex would also provide an opportunity for additional community facilities to service the anticipated residential population growth in central Geelong and the increasing visitor population. This would amount to a further 2200m2. A new civic precinct should also include additional visitor parking.

• The current annual net rent paid by Council for commercial premises is $2.05m and this is anticipated to increase to $2.78m in July 2018. In addition to the net rental costs, there are many other costs associated with the inefficiencies of operating over multiple locations.

Council’s Current Accommodation

• The following table shows the current distribution of Council’s central administration and civic functions by location, floorspace, workstations and ownership.

Location	Occupied Space m2	Total Workstations	Occupancy Status
City Hall Civic*	755	6	Owned
City Hall Administration	1,844	93	Owned
Corio Street	1,884	191	Leased
Brougham Street	3,644	241	Leased
Busport	1,898	151	Owned
Post Office	380	19	Owned
Customs House	442	22	Owned
National Wool Museum	348	23	Crown land - CoM
Ariston	385	37	Leased
155 Mercer Street	900	75	Leased (from July 2017)
Total	12,480	858

Civic space includes Council Chamber, Councillor’s offices, function and servicing areas.

• Council has an option to lease a further 2,068m2 at Brougham Street from July 2018 with the floorspace becoming available in early 2019 when DHS takes up space in the new NDIA complex.

Assessment of Council’s Existing Accommodation

Operating over 9 locations has, over the years, not only proven administratively difficult it has proven to be an inefficient and costly option. Operating various functions which are interrelated causes problems in provision of services to the community and hampers staff productivity. Specifically there is;

• Limited communication across separate offices.

• Poor cultural integration and knowledge sharing leading to silos.

• Inefficient layout and space limitations impacting on costs and communication (e.g. requirement for duplication of reception areas, staff areas etc.)

• Net rent (offices and parking) costs for all Council leased accommodation is currently $2.05m per year estimated to rise to $2.78m in July 2018 with the take up of the lease option at Brougham Street (excluding the child care portion of the Ariston lease).

• Loss of time associated with moving between buildings and increased communications and IT costs.

• Lack of circulation, break out and shared spaces does not meet contemporary standards.

• Lack of capacity and flexibility to provide for growth.

• Poor condition and presentation of some locations.

• Significant projected expenditure required in improved fit out for some of the older office locations currently in Council ownership if they are to be continued to be fit for purpose.

The Cost of a Do Nothing approach

• Should Council fail to address the consolidation to one central location and therefore continue to incur current costs such as rent, periodic refits, etc. on existing buildings it has been estimated by Currie and Brown (2016 report) that over a 20 year period the net present value of cost to Council would be $72m. The methodology used to arrive at this figure has been confirmed by Ernst and Young (2017 review).

Policy Implications for Consolidating Accommodation

In addition to the 2016 Commission of Inquiry finding the establishment of a single Council administration and civic building in central Geelong at this time would:

• Increase the focus and attention on the revitalisation of Central Geelong adding to the investor confidence being demonstrated with the establishment of large new office and residential buildings.

• As a partner with the State Government in the revitalisation project place Council in a leadership position to directly stimulate economic activity and the creation of jobs by better utilisation of existing assets held in the central Geelong area.

• Reinforce the economic importance of Geelong as a rapidly emerging clever and creative City, vibrant and successful with its own strong seat of Governance.

Site Selection

• A review of several potential council and privately owned sites in Geelong Central Area was carried out.

• Previous Council investigations were considered as part of the review. Each site had to be capable of providing 15,000m2 of gross office and civic accommodation space, provision for community facilities such as a child care centre and associated parking to meet projected staff and civic needs over at least a 20 year period.

• Each site was assessed using criteria relating to customer service, workplace amenity, financial outcomes, economic benefit and growth potential. The two stand out sites were both Council owned being land at 137 Mercer Street and the Civic Centre car park site in Gheringhap Street (refer to plan in Attachment 2).

• 137 Mercer Street emerged from the investigation as the best option both in terms of cost and because it provides an opportunity to create a stronger link between the business district and the railway station.

• Establishment of the consolidated Council accommodation and associated community facilities at 137 Mercer Street would create a new dimension to the development of the western edge of the City Centre by creating a new Civic Precinct to the central business district.

• The new Precinct would attempt to link WorkSafe, TAC and NDIA along the route to and from the Station and could become a vital addition to City revitalisation. With the Arts and Cultural Precinct Masterplan nearing completion and master planning of the Station precinct underway by the Geelong Authority a Council decision on 137 Mercer Street is timely, (refer to Attachment 3).

• With improved traffic and pedestrian planning, 137 Mercer Street, being within 150m of rail and bus transport, also offers an opportunity to improve public access to the existing civic centre, Johnstone Park and the cultural and arts precinct.

• The site is also within an area which has flexible and supportive planning policies in relation to its development.

Procurement Method

• The broad options for procurement of an administration building and associated community facilities range from Council funding and building all or a stage of its own building and/or entering into an arrangement with a developer to lease all or part of a suitable building on the Council owned site.

• Based on (at this stage confidential) architectural concepts for the preferred site a high level financial analysis of the procurement options indicates that Council constructing and owning the building on a Council owned site is the lowest cost option. This finding is based on the most conservative approach and is yet to be tested against Council’s capacity to fund this project, having regard to a dedicated program of productivity improvements in business processes, prudential borrowing parameters, conversion of existing land and building assets, availability of external funding and other anticipated capital projects in the Strategic Resource Plan.

• There are many factors that influence a final project cost when considering a project of the size anticipated. In general terms however it has been estimated by Currie and Brown (2016) that to build a modern office complex in the order of 15000m2 in central Geelong on Council owned property could mean an investment of up to $100m.

• The $100m project cost would be reduced over time with rental income from tenant partners and assuming Council disposal of some of the existing property now used as office space.

• Currie and Brown (2016) have estimated a ‘new build’ project cost at the Mercer Street site having regard to all costs and revenues over a 20 year period and assuming a large part of the project was funded from borrowings would have a net present value (NPV) of $76m. When Currie and Brown factor in estimated efficiency and productivity gains with the single “new build” option the NPV over a 20 year period reduces to $56m.

• Other considerations for a project of this size include exploring the capacity of existing support infrastructure (power, drainage) staging (if applicable), lease and carparking costs, enhancing the City in a Park project (revitalisation project) and the future use of City Hall. However, given that the costs are based on the most conservative of assumptions, Council is well placed to confirm the site as suitable as a basis for further investigation.

K Alexander moved, L Gardner seconded -

That Council:

1. note that the information in the Business Case to date is positive, but conservative;

2. reaffirms the site at 137 Mercer Street as its preferred future accommodation site.

3. authorises further more detailed analysis be undertaken to:

• analyse and redesign key business processes to improve productivity both in terms of service delivery and spatial requirements to inform the size and design of any new facility;

• fully explore funding options consistent with the findings of the Commission of Inquiry and explore possible partnerships to achieve the most cost effective method of delivering Civic Accommodation that will realise the consolidation of Council administration at the one location in a single stage within a new Civic Precinct ;

• In association with the Geelong Authority and in the context of current master planning of the station precinct, investigate all urban design features and pedestrian and traffic management implications to ensure a new civic precinct works most effectively to link the Station, Johnstone Park, the Cultural and Arts Precinct to the central business district and to Deakin University.

4. receive a report on funding of the new Civic Accommodation project during the first quarter of 2018 and, if approved, refer the project to the 2018/19 budget for consideration and possible inclusion in the Strategic Resource Plan.

Carried.

Attachment 1

Discussion

Projected Accommodation Requirements

Council currently occupies 12,480m2 of office and civic floorspace across nine locations. There are two broad parameters used when projecting future floorspace requirements being the space required per workstation and the application of a growth factor across the forecast period.

Using Council’s space allocation standards and projected population growth, the forecast is for 14,000m2 of office floorspace and a further 1,000m2 of civic and community space. In addition preliminary designs indicate that there is sufficient roof top space to provide for a child care facility of a further 2,200m2.

A comparison of the gross floor areas per person over 21 other Victorian Councils shows Geelong’s projections of 14.8m2 per person are the second lowest space allocation of all Councils surveyed. The Ernst and Young 2017 review supports the floorspace projection methodology and confirms the space allocations are appropriate and in line with government guidelines.

There is further scope for fine tuning space projections including giving consideration to activity based workstations which have been applied in some commercial businesses and as yet only has limited application in local government. In addition the effect of on line services, improved back of house systems, emerging methods of services provision and fleet reduction provide an opportunity consider smart use of space.

The space projections used in this report are relatively conservative and assist in proving the suitability of the preferred site for Council’s accommodation and community requirements.

Strategic Site Assessment

A strategic assessment of 11 potential sites, both Council and non Council owned, was carried out using the following 5 broad selection criteria:

• Improved customer service and accessibility.

• Enhanced accommodation and workplace amenity that will meet our projected conservative estimates.

• Financial outcomes.

• Contribution to economic development and revitalisation of the Central Area.

• Site potential.

Within each of these broad criteria were 27 sub criteria which were individually scored using a 10 point scoring system.

The assessed sites included 137 Mercer Street, the Civic Centre Car Park in Gheringhap Street, Busport site in Brougham Street, City Hall and Johnstone Park Plaza, and other private and Government owned sites in and around the Central Area. One site remote from the Central area was considered.

The analysis ranked sites and the two stand out sites were the Council owned land at 137 Mercer Street and the site of the Civic Centre Car Park in Gheringhap Street opposite City Hall. These sites are indicated on the diagram in Attachment 2.

Building Provision

The options for Council to provide accommodation space are as follows:

Using high level concept drawings for costs the preferred sites were financially assessed using the accommodation options 1-3 above generating the following outcomes ranked from the least cost (Option 1) to the highest cost (Option 3).

*Option 1 being the least costly fails to achieve the objective of consolidating Council’s accommodation.

Option 2a:

• Council owned and built option.

• The least cost option which achieves the consolidation objective.

• This site provides a link between the central business district and the station precinct.

• Is close to the existing civic centre and the cultural and arts precinct.

• Is within an area that has flexible and supportive planning policies.

• Is well positioned for easy access for the general public.

• Is within 150m of the Railway Station.

Option 2b:

• While providing a convenient site is significantly more costly than Option 2a mainly due to site preparation costs and the loss of future parking revenue.

• Current income from parking at the Civic Centre car park is $819,000pa.

A separate assessment of Options 2a and 2b was undertaken which concluded that Option 2b had marginally improved integration with and potential to generate induced spending in the Central Area.

Option 3:

• Lease back of a privately owned building.

• Is significantly more costly than the preferred own and build model due to developer’s profits pushing economic rents higher than market rents.

• There are possible variations to the lease back option including a partial lease back or private investment participation in the project in different forms.

• A detailed examination of the funding options will assist in providing a cost effective method of achieving the project.

The conclusions of the 2016 accommodation review support an assessment of sites and delivery methods carried out in 2006 which resulted in the purchase of the land at 137 Mercer Street.

Short Term Accommodation Options

In order to address the objective of consolidating staff into one location on a short term basis through the leasing of existing properties, a survey of the rental market was conducted.

No suitable existing accommodation could be found in the Central Area that would accommodate anything approaching Council’s requirements. Some discussions were held with property owners who indicated a willingness to extend existing premises, however such options are more long term arrangements which were assessed in the overall strategy.

Creation of a Civic Precinct

The position and dimensions of the site at 137 Mercer Street present an opportunity to create a new Civic Precinct centred upon a new Council administration and civic building.

The preferred site offers the opportunity to strengthen the links between the Central Area through the provision of a vibrant public space linking new office developments with the transport hub centred on the Railway Station.

Current master planning work being carried out by the Geelong Authority in the precinct is timely and can take advantage of the development possibilities on the preferred site.

In addition to the incorporation of a child care facility into the building, once requirements are defined, there are further opportunities to incorporate community uses into both the proposed project and to give consideration to reutilisation of existing spaces which may become vacant as a result of the project, including City Hall and Busport.

Other Considerations

• Council’s major lease costs are incurred at Brougham and Corio Streets. Total lease costs are expected to rise to $2.78m per year by the end of the lease in July 2022 or 4.8 years away.

• There is a 3 year design and construct period for a new accommodation and civic building. It will be necessary to continue to advance the business case and funding considerations for this project so Council can be in a position to avoid the impending lease renewals.

• Advancing the business case for the project will include testing Council’s capacity to fund the project having regard to productivity improvements of key business processes, borrowing parameters, conversion of existing land and building assets, availability of external funding and positioning the project within the Strategic Resource Plan.

• Earlier consultancy reports suggest that a single new building accommodating all Council staff would result in a productivity and efficiency gain. Currie and Brown (2016) suggest Council would save $20m in NPV terms over a 20 year period.

• The site at 137 Mercer Street is relatively extensive and provides an opportunity to stage development to meet affordability objectives if necessary. If staging is proposed a minimum office space of 7,000m2 is required to ensure replacement accommodation for the functions at Brougham and Corio Streets.

• The “City in a Park” concept currently being implemented as the Malop Street green spine, indicates possible alternative uses for the land at 137 Mercer Street for the future western end stages of this project. The current master planning being carried out for the Railway Station precinct by the Geelong Authority will assist in defining how the area will develop in the future.

Financial Implications

Ideally financial planning for the project will commence with the 2018-19 budget development and the Strategic Resource plan for the years 2019-20, 2020-21 and 2021- 22.

Stakeholder Consultation and Communication

Upon establishing a business case for the project, consultation will be carried out with the with a range of interest groups with an interest in the project. Should the project proceed Council staff will be involved at the detailed design phase.

As the project planning proceeds it will be essential to involve the wider community in order to encourage input into the precinct plans and the community aspects of the building itself.

Policy/Legal/Statutory Implications

There are no legal or statutory implications for the project at the strategic assessment and business case phases.

Alignment to City Plan

The accommodation project supports the City Plan Strategic Direction relating to “How We Do Business” both in terms of supporting both a customer focused organisation and motivating staff in a safe working environment.

Developing Council’s central accommodation building on a key strategic site within the central Area supports the City Plan priority of “A Successful and Vibrant City Centre”.

Conflict of Interest

No officers or contractors involved in the preparation of this report have a direct or indirect interest in matters to which this report relates.

Risk Assessment

The risks associated with the project are able to be managed following normal management procedures and processes.

Environmental Implications

The cost plans for the new buildings have been prepared assuming a 5.5 star Green Star Rating. Council’s current policy for large new buildings require a Green Star rating of 5.

Some contaminated soil has been identified and isolated on site at 137 Mercer Street and the cost of remediation has been captured in the building costs.

2. Central Geelong Public Realm Framework

Purpose

To seek endorsement of the Central Geelong Public Realm Framework.

Background

The Central Geelong Public Realm Framework (‘the Framework’ – Attachment 2) is an updated version of a similar document endorsed by the Central Geelong Taskforce Special Committee in December 2015 as part of the Central Geelong Action Plan. It is a design guide to provide a consistent and distinctive identity for materials and furniture in the streets and public areas of central Geelong and to ensure accessibility for people of all ages and abilities.

The updates include reduced variation in paving designs and furniture types, allowance for new technology and the introduction of recommendations from a 2017 accessibility report commissioned by the Revitalising Central Geelong Partnership.

Key Issues

• The Framework is consistent with the aspirations of Greater Geelong: A Clever and Creative Future. High-quality urban spaces provide opportunities to incorporate creative vision into every-day functionality and in turn attract creative and culturally aware individuals who want to explore and add to the fabric of the city. This creates and active and diverse street culture and vibrant public spaces.

• Consistency in materials and furniture used in public spaces over time is important, to ensure overall quality and a cost-effective outcome. Council approval of the Framework will ensure this.

• The content of the Framework is not new. It continues the quality theme of the waterfront and has already been applied to several recent streetscape projects within central Geelong including Myers St streetscape works, Little Malop St Bridge& Streetscape, Malop St Green Spine and the Laneways Project.

• Implementation of the Framework will incur additional expenditure in select locations compared to capital works elsewhere in the municipality because of the use of durable materials such as bluestone and bespoke stainless steel furniture designs. Bluestone paving is recommended for high priority streets (approximately 27% of street length) and 45% of intersection corners. Other footpaths will be finished in asphalt. Bluestone kerb and channel will be used throughout. This provides continuity with previous revitalisation work and the area’s heritage.

• Implementation of the Framework will depend upon annual budget considerations and will occur over time through major projects or when routine replacement of multiple assets is justified.

• Detailed design manuals and a communications plan will be developed by management to assist with the implementation of the Framework.

L Gardner moved, P Dorling seconded -

That Council endorses the Central Geelong Public Realm Framework (Attachment 2).

Carried.

Attachment 1

Financial Implications

Financial implications are discussed in the body of the report. The most expensive requirement of the Framework is the proposed use of bluestone paving to selected high priority streets and intersections. The City of Melbourne, which has long experience with both bluestone and asphalt footpath treatments, has advised that bluestone paving is readily available, the life of a bluestone footpath is four to eight times that of an asphalt footpath (depending on levels of wear and pedestrian density) and that the initial cost of a bluestone footpath is six times that of an asphalt footpath.

Implementation of the Framework will depend upon annual budget considerations and occur over time through major projects or when routine replacement of multiple assets is justified.

Stakeholder Consultation and Communication

The Framework has been subject to internal but not general public consultation. It is based upon a document that received public exposure through the Central Geelong Task Force Special Committee in 2015 and is consistent with public work already underway. It also includes additional work undertaken since 2015 by the Central Geelong Partnership.

Policy/Legal/Statutory Implications

The Framework is a design guide as to how the City will discharge its public works and asset management responsibilities under the Local Government Act in relation to the public realm of central Geelong. It includes guidance to make the public realm accessible to people of all ages and abilities.

Alignment to City Plan

Implementation of the Central Geelong Action Plan is a priority for growing our economy within City Plan 2013-17.

Conflict of Interest

No officer associated with this report has disclosed a conflict of interest.

Risk Assessment

The Framework removes the risk of inconsistent and ad hoc design in the Central Geelong public realm. Long-term cost risk is mitigated by the specification of a limited number of designs and readily available durable materials and by nominating more expensive responses only in areas of high priority for the Revitalisation program.

The risk of wasteful replacement is reduced by the Framework’s commitment to only replace assets as part of agreed major projects or when routine asset replacement is required. The risk of not providing an accessible public environment is addressed through the inclusion of specific recommendations. Risk of bespoke design failure has been mitigated through detailed design and prototyping.

Environmental Implications

The Framework proposes consistent use of durable materials, reducing waste in the long-term and allows for the inclusion of water saving and “smart” technology into detailed design.

3. Geelong Waterfront Safe Harbor Project

Purpose

To consider the new funding request from the Royal Geelong Yacht Club (RGYC) for the Geelong Waterfront Safe Harbour Precinct.

Background

The Geelong Waterfront Safe Harbour Project is a $40m major redevelopment of the key boating precinct of the Waterfront.

On 13 December 2016, Council agreed to provide $3m funding towards the $19m Stage 1 of the project. Stage 1 generally incorporates the redevelopment of RGYC buildings and marina berths, Victorian Sailing School, wave attenuator and surrounding public areas.

Council’s funding commitment was contingent upon a successful application by the RGYC to the then current round of the Australian Government’s Building Better Regions Fund. The RGYC has been informed that it was unsuccessful in its application.

The RGYC have asked Council to renew its funding offer to support a staged development costing $13.5m. This updated Stage 1 works, is to include the Victorian Sailing School, wave attenuator, public realm improvements and RGYC marina berths.

The project meets community aspirations for ‘A Clever and Creative Vision’ for Geelong to be a destination that attracts local and international visitors and sustainable development that supports population growth and protects the natural environment.

Key Issues

• To stage the Geelong Waterfront Safe Harbour Project, it is vital that an overall precinct Masterplan is undertaken to ensure that the key community benefits of the project are delivered in all of the stages of the project.

• RGYC have made an application to the Department of Education and Training to fund the $3.5m Victorian Sailing School redevelopment through the Shared Facilities Fund. No Council funding is needed and this component of the project can proceed independently subject to an approved precinct Masterplan and modification of RGYC lease boundaries.

• Given the uncertainty around funding for future stages, it is important to ensure that public open space enhancements are achieved in Stage 1 of the project.

• Along with the precinct Masterplan, a Project Control Group (PCG) is necessary to provide guidance and inform decisions on key aspects of the project contained in this report.

P Dorling moved, L Gardner seconded -

That Council:

1. Provides $3m funding to the Royal Geelong Yacht Club (RGYC) towards the Geelong Waterfront – Safe Harbour Precinct project to allow the RGYC to undertake Stage 1 of the project – subject to the following conditions:

1. the project proceeds in the manner as generally outlined in the Geelong Waterfront Safe Harbour Precinct Business Case (Attachment 2);

2. the elements of the wave attenuator and public realm improvements are key aspects that cannot be removed from the project scope;

3. a precinct Masterplan that provides suitable public realm outcomes, funded by the Royal Geelong Yacht Club/State Government, is completed and presented to Council for endorsement;

4. a Project Control Group (PCG) which includes Council Officers is established to guide the development of the Masterplan and implementation of the project;

5. the Royal Geelong Yacht Club commits at least $3m cash towards the Geelong Waterfront – Safe Harbour Precinct Project, Stage 1;

6. in addition to the Royal Geelong Yacht Club’s allocation, that additional funding of at least $7.5m is secured by the Royal Geelong Yacht Club from a variety of sources including the Victorian State Government;

7. The RGYC provides written proof that the required funding, to complete the identified elements, is in place prior to the project commencing.

2. Extend the offer of funding to the Royal Geelong Yacht Club until December 2018.

Carried.

Attachment 1

Discussion

The Geelong Waterfront Safe Harbour Precinct is based on a Business Case and Concept Plan that advocates for the redevelopment of the key boating and marina precinct of the Waterfront. The key benefits of the project are to:

• Increase use of the Waterfront for public recreation and community programming;

• Stimulate economic growth by an ability to attract new events and tourists;

• Create a safe harbour to improved destination attractiveness for boats users.

The complete Geelong Waterfront Safe Harbour Precinct plan is a $40m project which the RGYC are actively seeking full funding for through the Victorian and Australian Governments.

The following table outlines the changes to Stage 1 of the project

In order to ensure the overall development meets the needs of the community and Council this report recommends the development of a precinct Masterplan. The development of this plan must be consistent with State Coastal Planning Policies and will provide guidance to Council on significant decisions that need to be made including:

• Full budget scoping of project and strategic approach to best maximise spending on key assets like the wave attenuator and public realm;

• Siting of buildings to enhance accessibility along the waterfront, improve visual links in and beyond the site and limit conflict points between pedestrians and vehicles

• Location of new Sailing School building to open the key view corridor down Bellerine Street;

• Removal of public parking areas;

• New vehicle access driveway to RGYC and dedicated parking area;

• Demolition of public jetties;

• Impact on any existing activities in the vicinity;

• Increasing RGYC land and seabed lease areas;

• Commercial boating needs of Fisherman’s Basin for use by larger vessels like commercial ferry berthing;

• Realignment and exchange of public open space and RGYC land boundaries including use of former Sailing School site as open public space or boat storage area for RGYC

RGYC are exploring options to amend their liquor licence to improve public access into the club. This is an interim arrangement until significant community access to the club is gained by the subsequent stages of the project.

A Project Control Group (PCG) consisting of key stakeholders needs to be established to ensure that the development and implementation of the Masterplan meets the community views and aspirations of a ‘Clever and Creative Geelong’.

Stakeholders who are instrumental in influencing the project would include the Royal Geelong Yacht Club (RGYC), Regional Development Victoria (RDV) Department of Environment, Land, Water and Planning (DELWP), Parks Victoria and the City of Greater Geelong.

Financial Implications

At its meeting of 13 December 2016, Council resolved to fund $3m towards Stage 1 of the project and account for it in the Strategic Resource Plan for 2019/20.

Should Council resolve to extend the $3m funding towards the $13.5m Stage 1 works, funding would be required to be phased:

• $1.5m in 2018/19 budget

• $1.5m in 2019/20 budget

The other funding partners for the $13.5m stage are:

• RGYC $3m (Committed)

• Victorian Government $4m (Subject to confirmation)

• Shared Facilities Fund $3.5m (Pending)

RGYC have committed to funding all ongoing maintenance and operational costs of the wave attenuator and building assets.

There is no further call on Council funding for future stages of the project.

It is important that Council’s contribution is contingent on its endorsement of the precinct Masterplan, to ensure that public realm improvements and connectivity is achieved in the Stage 1 works.

Stakeholder Consultation and Communication

In the course of completing the Business Case and Concept Plan, a wide range of key stakeholders were consulted including State Government Departments and Boating Industry organisations.

Community engagement must be undertaken as part of the precinct Masterplan development as the proposal involves the changing of public open space boundaries. A thorough consultation process will achieve an open and transparent forum for exchange of information and perspective relating to the operation and management of Fisherman’s Basin and the future use of the precinct as a community asset.

Policy/Legal/Statutory Implications

Current Committee of Management boundaries and leasing arrangements (including the requirement to comply with s190 of the Local Government Act) for the land and sea bed will need to be addressed as part of the project.

The project requires Planning Permits and Coastal Management Act Consent.

Alignment to City Plan

The Geelong Waterfront precinct is a primary focus for the local community. The project aligns with:

• City Plan 2013 - 2017 (Update 2015/2016)

• Central Geelong Action Plan and Vision2

• Geelong Central Waterfront Masterplan Update (2011)

Risk Assessment

The establishment of the Project Working Group with representation from key government agencies will manage risks associated with the development through the planning and permit application processes.

Environmental Implications

Any environmental issues associated with the development will be dealt with through the planning permit process.

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4. Arts & Cultural Precinct Masterplan

Purpose

To seek endorsement for the Central Geelong Arts and Cultural Precinct Masterplan referred by the Geelong Authority / Revitalising Central Geelong Partnership.

Background

The Revitalising Central Geelong Action Plan’s Smart City initiative proposes a stronger integration and greater diversity of health, education and cultural land uses. To deliver this outcome, a Masterplan has been developed for the Arts and Cultural Precinct to achieve an integrated design for facilities within the precinct.

Public comments on the Masterplan were invited over a two week period from 7 -21 August 2017. Seven written submissions were received during this period. The key issues raised and the responses are included in Attachment 3.

The Masterplan is consistent with the desires of Greater Geelong: A Clever and Creative Future. High-quality urban design and streetscape treatments enhance the public realm and attract people who want to engage and relax in the space, rather than just move through it.

Being a high-order arts and cultural precinct, the opportunities the new streetscape will provide for creative pursuits are unlimited. Public Art will feature heavily in the precinct and creative spaces will be added to entice visitors who are interested in events, festivals, literature, performing arts and street activities.

Key Issues

• The Masterplan and consequent streetscape implementation, includes:

• A ‘shared zone’ in Lt Malop Street between Fenwick Street and Gheringhap Street with capacity to be closed to vehicles for events;

• A new streetscape with trees, furniture, paving treatments and art works utilising water-sensitive urban design principles;

• A redesigned garden on the southern side of City Hall to enable the space to be visually incorporated into the public realm;

• Threshold treatment at vehicle entries to signify high-level pedestrian space;

• Prioritised traffic signals to provide better links to adjacent precincts including Ryrie Street;

• The potential closure of the north-south section of Aitchison Place to allow GPAC Stage 3 expansion, subject to funding and statutory processes;

• Redevelopment of Police Lane as a pedestrian priority space to compliment future development.

• The next phase of this project, detailed design and implementation costings, will be funded by the Department of Environment, Land, Water and Planning (DELWP).

L Gardner moved, P Dorling seconded -

That Council endorses the Arts & Cultural Precinct Masterplan (March 2017) (Attachment 2) and supports the Revitalising Central Geelong Partnership to progress the Masterplan to detailed design and costings.

Carried.

Attachment 1

Discussion

In conjunction with external consultants, the Revitalising Central Geelong Partnership has developed a Masterplan for the Arts and Culture Precinct.

The Masterplan is a high-level aspirational document which responds to key issues and opportunities for the precinct, identified through consultation with stakeholders.

Arts & Cultural Precinct Masterplan Study Area & Adjacent Precincts

The Masterplan responds to key issues and opportunities for the precinct including:

• Building a distinctive precinct character which is reinforced through public art and urban furniture;

• Green the precinct through additional soft landscape;

• Integrate art into the public realm and built form through projections and installations;

• Protecting and enhancing the heritage significance of buildings within the precinct;

• Expansion of the program of street-based arts and cultural activities and events;

• Implement wayfinding to connect the precinct with adjacent precincts.

The Masterplan delivers a reimagined Lt Malop Street that will become a focus for arts and cultural activity in Central Geelong.

The Lt Malop Street design enables the temporary closure of the street, focused around a central events space. This space is imagined with a special pavement treatment incorporating in-situ art, reinforcing cultural and historical heritage and demonstrating the importance of the space to the arts and cultural life of the city.

The Masterplan prioritises Lt Malop Street for pedestrians, providing for slow vehicle and bicycle movements in a shared space. Short-stay on-street parking is provided and bus bays. Greening of the precinct is achieved through new street trees and plantings, which help to delineate shared spaces.

New pedestrian prioritised linkages are provided through Police Lane and a realigned Aitchison Place. A new pedestrian signalised crossing at Ryrie Street improves north- south connections to the precinct.

Typical street treatment

Typical section

Car parking supply in the precinct should be considered in conjunction with the Central Geelong Car Parking Strategy. There is a nett loss of car parking within the precinct but this should be considered in relation to the proximity of the Civic Centre Car Park.

The Masterplan proposes that Lt Malop Street provide the following rates of vehicle parking.

Financial Implications

The next stage of the process is the preparation of detailed design and costings for the streetscape redevelopment of Lt Malop Street and Police Lane which will be funded by DELWP. This work will form the basis of the Business Case for a future funding submission to the State Government.

Stakeholder Consultation and Communication

The Masterplan has been informed by stakeholder consultation including precinct landowners and tenants, Geelong Gallery, Geelong Library & Heritage Centre, Barwon Water, State Government agencies and City of Greater Geelong officers.

Policy/Legal/Statutory Implications

The Masterplan and the incorporated streetscape works are consistent with the Central Geelong Action Plan, the State Action Plan and State and Council planning policies.

New hard and soft landscaping will reference urban design guidelines, support sustainable development and respond to community needs.

Future Masterplans for the adjacent precincts including Johnstone Park, the Station Precinct and the Green Spine will integrate with the Arts & Cultural Precinct Masterplan.

All works will reference Australian Standards for access and mobility.

Alignment to City Plan

This project is directly aligned to the City Plan ‘Growing the Economy’ strategic priority which articulates a continuing focus on improvement of the CBD via the implementation of the Central Geelong Action Plan.

Risk Assessment

No risks have been identified in noting the Arts & Cultural Precinct Masterplan.

Environmental Implications

Lt Malop Street is an overland flow path for storm water and is encumbered by a Special Building Overlay. The detailed streetscape design will need to account for storm water management and drainage, and should consider opportunities to incorporate Water Sensitive Urban Design (WSUD) treatments to manage water in the precinct.

Attachment 1

Public Engagement 7-21 August 2017
Key issues raised and Masterplan response

Connections

• Provide better pedestrian connections between the Geelong Station, Arts and Cultural Precinct and other precincts.

• Improve accessibility to Geelong Galley by providing northern entrance.

Masterplan response

The Geelong Station Precinct Masterplan and Johnstone Park Masterplan (both in preparation) will provide direction on improving connections between the station precinct and key destinations in central Geelong, including the Arts and Cultural precinct.

The opportunity to improve accessibility to the Geelong Gallery by creating a northern entrance is recognised in the Masterplan. This will be further examined during the detailed design phase.

Movement and car parking

• Increased activity will need to be supported by more car parking and bus parking.

• Heaving vehicles need to be managed on Ryrie Street.

• Sustainable transport options should take priority over car parking in the core city area.

Masterplan response

The Masterplan prioritises short-stay on-street parking and temporary bus parking within the core of the Arts and Cultural Precinct along Little Malop Street. An overall reduction in the road area dedicated to car parking will provide better opportunities to create a unique space that can be prioritised for people, activities and events.

The Central Geelong Traffic and Movement Network Operating Plan (in preparation) will consider future priority routes for vehicles and public transport.

Design

• Ensure appropriate tree selection.

• Catenary lighting design must be of high quality.

• Ensure public art is of high quality.

Masterplan response

The Masterplan provides guidelines that will inform the detailed design of streetscape improvements. To achieve consistency of treatments across the city, the Masterplan requires that new streetscape elements are consistent with the Central Geelong Public Realm Framework.

Heritage

• The Masterplan should take account of the Draft Greater Geelong Municipal Heritage Strategy.

• The Masterplan does not contain sufficient direct reference to heritage.

• No support for Masterplan initiative to re-purpose significant heritage buildings.

• Masterplan should recognise indigenous/cultural heritage.

• Variety of architecture within the precinct could see it become an architectural heritage destination.

• Relocating the Belcher Fountain to a site in the precinct should be a priority before consideration is given to commissioning any sculptures or art works.

Masterplan response

The Masterplan is clear that the Arts and Cultural Precinct contains many sites with significant heritage value and that future development must consider the heritage importance of individual buildings and/or precincts, as required by the Greater Geelong Planning Scheme and/or Heritage Act 1995.

The Masterplan identifies the opportunity to redevelop the former Geelong Telephone Exchange in order to provide a direct pedestrian link to Police Lane (pg4). As an individually significant heritage building, it is appropriate that this comment be rephrased as:

‘Opportunity to provide pedestrian link to Police Lane through future redevelopment that is complementary to the heritage building.’

The Masterplan contains a number of precinct wide issues and opportunities (pg 4). It is proposed that the list be extended to include:

‘Protect heritage buildings’ and ‘Acknowledge indigenous history of precinct’.

The Masterplan identifies opportunities for new public art, significant to the importance of the precinct as an Arts and Culture hub.

The Belcher Fountain was not considered through the Masterplan process. Photographic evidence (below) shows the location of the Belcher fountain at the intersection of Gheringhap St and Malop St, c.1870/80. The fountain was relocated to the north-east side of the intersection in 2007, as close as possible to its original location, when the intersection was rebuilt and signalised.

5. Central Geelong Live Music Action Plan

Purpose

To seek endorsement of the Central Geelong Live Music Action Plan (LiveMAP).

Background

The Central Geelong Live Music Action Plan (LiveMAP) aims to align community, commercial and government efforts to nurture a superlative live music scene of a national standard, optimising Little Malop Street and other areas for night trade, while providing an employment base and sector development nexus for local and visiting musicians.

Changes in legislation (for example noise attenuation) and the identification of live music as a major contributor to the economy, led live music peak industry bodies to engage with local government to assist in meeting new challenges.

Following a round table forum held by Music Victoria, a grassroots momentum was built by local music stakeholders and the private sector to work in partnership with the City of Greater Geelong. This has led to the creation of a dedicated LiveMAP to guide development of the live music culture in Central Geelong.

Key Issues

• LiveMAP research found that vibrant live music is an important aspect of arts and culture’s powerful and positive contribution to the economy and community.

• LiveMAP cited recent research indicating that live music spending in Australia results in at least a 3:1 benefit-to-cost ratio. The economic value of live music to Geelong’s community has been estimated to be at least $150m annually.

• These findings support the community-led 30 year vision for Greater Geelong to be recognised regionally, nationally and internationally as a clever and creative city- region.

• LiveMAP was developed over the period November 2016 to June 2017, guided by a Steering Group of Council with local, state and national music industry stakeholders.

• It found that Central Geelong has good fundamentals for an excellent live music scene. Little Malop St in particular is emerging as a vibrant cluster for contemporary music and other entertainment for music fans, casual attendees and tourists, and a good example of Geelong as a smart, vibrant, thriving and liveable city that is ‘open for business’.

• LiveMAP interviews with local music industry leaders identified 20 key issues and opportunities effecting the live music culture in Central Geelong.

• Constraints include sufficient audience scale and consistency to sustain a good variety of live music experiences, both civic and commercial. However with more people from Geelong and our region discovering (or re-discovering) live music, and experiencing it in Central Geelong more often, we can maximise the potential of the area.

• LiveMAP highlights that a strong live music scene is likely to exist where:

• venues/promoters are empowered and do not face unreasonable barriers in setting up and operating their enterprises or activities;

• local audiences are able to access quality, affordable and enjoyable music experiences across a range of genres;

• musicians have pathways to develop their practice, perform to audiences and become sustainable;

• the community as a whole appreciates and values the contribution of live music.

• The Actions are aligned to impact each of these elements and is organised by theme:

• Broadening live music’s presence within Central Geelong.

• Developing places and spaces for live music in Central Geelong.

• Reducing barriers to audience awareness and growth.

• Backing sustainable music enterprises

• Each Action includes an estimate of resources required. A number of Actions can be achieved within existing staff roles however two high priority Actions: a site specific live music festival around Little Malop Street - which already has significant momentum within the music community - and youth music activities, require a minimum of $60,000 contribution plus project management. These Actions will be presented for consideration under the 2018/2019 budget process. It should be noted any contribution made by Council would be supplemented by key stakeholders.

• Another high priority recommendation is to ensure current and future Central Geelong revitalisation projects have active consultation with live music stakeholders to maximise opportunities and avoid unintended consequences for live music.

• The report notes that further scoping and assessment is required for some Actions. It is therefore recommended a progress report on the implementation of the Action Plan be presented to Council in 2018.

• Investment by Council in the early stages of the plan’s delivery will be critical to establishing momentum, credibility and music industry engagement as well as assisting to secure external funding. This support is likely to decrease as the sector strengthens.

K Alexander moved, L Gardner seconded -

That Council:

1. endorse the findings and recommendations of the Central Geelong Live Music Action Plan (Attachment 2);

2. receive a Progress Report on the implementation of the Live Music Action Plan in 2018.

Carried.

Attachment 1

Financial Implications

Each recommended Action includes an estimate of resources required. Of the 21 recommended Actions, a number are listed as being able to be completed using existing resources and assumes capacity by a Council officer (or officers).

Prioritising and timing of actions will allow for a measure of flexibility given existing commitments, however some key actions require budgetary allocations.

One of the high priority LiveMAP Actions is a site-specific live contemporary music festival with local audience and industry development focus, to be undertaken in partnership with Little Malop Street music venues. Beav’s Bar, Piano Bar, Pistol Pete’s, The Worker’s Club and Geelong Cellar Door have already indicated strong interest in partnering in such an event. Additional funds and contributions would be sought from the private sector and would underpin the $50,000 (minimum estimated) business case which will be developed for consideration as part of the 2018/2019 budget process. An additional high priority Action focusses on piloting a safe and positive live music programme for under 18s which is estimated to be in the order of $10,000.

Stakeholder Consultation and Communication

LiveMAP was facilitated by Sapere Research Group working collaboratively with the Arts & Culture Department and highly respected local music sector professionals.

A Steering Group was formed to oversee the development and implementation of LiveMAP. The Steering Group included Council staff from relevant departments (including Arts & Culture, Events, Central Geelong and Waterfront, Enterprise Geelong, Central Geelong Taskforce, Environmental Health & Local Laws and Youth Unit) and a diverse selection of music industry leaders including state and national music industry peak bodies, local venue owners, artist managers, promoters and musicians.

Consultation commenced with a series of one-on-one interviews with Steering Group members and selected local sector leaders (November to December 2016) to identify key issues impacting the local live music scene. This was followed by a broadly promoted public engagement workshop (23 January 2017) exploring the themes and information that emerged from the interview process.

The workshop was promoted through the Geelong Region Arts Atlas and the invitations to this workshop along with the Key Issues Report was direct emailed to over 250 local music sector representatives and other relevant Council staff.

The draft Central Geelong LiveMAP was profiled at the National Contemporary Music Policy of Development Conference in Sydney on 1-3 August 2017, a forum focused on fostering engagement in live music across Australia.

The Steering Group will be reconvened in late 2017 to ensure an ongoing consultative approach underpins the delivery of LiveMAP.

A public launch of LiveMAP is planned for November 2017, in conjunction with a music- related public artwork in Little Malop Street, a mural of local rock icon Chrissie Amphlett with an augmented reality overlay, celebrating Geelong’s contemporary live music heritage.

Alignment to City Plan

A Clever and Creative Future

Creativity Drives Culture: The Greater Geelong Community values involvement with local art, music, heritage, contemporary culture and Waddawurrung culture. Success will be achieved by:

• Investment in a diverse range of local community festivals and events

• Development of creative industries and a culture of thinking outside the square

• Attracting creatively oriented and artistic industries to the region.

Community Wellbeing

Connected, creative and strong communities - supporting an inclusive local community culture, investing in community regeneration, building upon existing capacities in local communities, bringing the community together through sports, recreation, arts, culture and heritage.

Healthy lifestyles – facilitating and promoting physical activity, investing in prevention and improved health.

Growing our Economy

Support existing businesses and encourage new and emerging growth sectors – support existing businesses and explore strategic opportunities, link local businesses with growth opportunities.

A successful and vibrant city centre – develop and foster a vibrant 24-hour cultural city that is welcoming, friendly and safe, and that attracts and generates a robust cultural life for all ages, support existing Central Geelong businesses

Greater Geelong is a leading city for tourism, arts, culture and events – promote the unique strengths our region has to offer, build on the opportunities that being Victoria’s second largest city offers and our proximity to Victoria’s capital, support creative endeavour and investigate the potential for unique arts and cultural opportunities, support local festivals and events and provide opportunities for participation in the arts for all ages, advocate on behalf of the community for major event, tourism and cultural opportunities.

How We Do Business

Lead by advocating and collaborating on issues important to the Greater Geelong community – develop and foster partnerships that offer wellbeing opportunities for our municipality, work with other governments and organisations for the benefit of the local community, city and region.

Efficient and customer focused organisation - providing efficient and value for money services and programs, ensuring programs and services meet the current and future needs of the community.

Risk Assessment

There are no specific risks related to the endorsement of LiveMAP. Risks associated with events conducted as per the recommendations will undergo thorough planning processes which include risk management.

6. City of Greater Geelong Fair Play Strategy

Purpose

To seek Council endorsement of the Fair Play Strategy and the associated Fees and Charges Policy for Community Level Outdoor Recreation Facilities.

Background

The City of Greater Geelong released the Draft Fair Play Strategy for consultation in July 2017 for a period of 6 weeks.

Council officers sought feedback from sporting clubs about the draft Fair Play Strategy, specifically the overall level of subsidy proposed, suggested timeline for implementation, the level of service allocation and the level of support to be provided.

The draft Fair Play Strategy was made available online for submission and comment. The engagement process also included 780 direct contacts with clubs via email, five presentations to sporting clubs and associations and two community drop in sessions. A total of 48 submissions and enquiries were received.

Key Issues

• The community engagement report (Attachment 2) provides a summary of findings from the consultation process.

• In summary, there is strong support for the Fair Play Strategy. The key issue identified during the community consultation was the process for implementing new fees. The concern of clubs was that the transition from the current fees to a the new fee would occur too quickly. This may impact the short term cash flow and sustainability of some clubs, and may also result in a steep and sudden escalation of fees to individual community / club members.

• In response to the community feedback the final Fair Play Strategy (attachment 3) has been amended to allow more time to implement the new standardised fees. This was originally proposed to occur over one year and will now occur over a period of up to three years. Support will be provided for clubs throughout the transition process.

• The community feedback also indicated a need for the City of Greater Geelong to provide support for the provision of non-standard infrastructure through the community grants program and to introduce a system that will ensure greater transparency in regard to fees being paid by each club.

• The development of the Fair Play Strategy is consistent with the Clever and Creative Future and Council’s Social Equity Principles, which include an aim of delivering greater equity in the provision of community infrastructure across the City.

P Dorling moved, L Gardner seconded -

That Council:

1. endorses the Fair Play Strategy (Attachment 3);

2. revises the Council’s Fees and Charges Policy, specifically to replace the reference to the ‘Fees and Charges for Outdoor Sporting Facilities Policy’ and replace with the ‘Fair Play Strategy 2017’.

Carried.

Attachment 1

Discussion

City of Greater Geelong Fair Play Strategy and Policy – Overview

The Fair Play Strategy incorporates Standard Provisions (the standard level of facility provision for community sport and recreation as defined by Council), Levels of Service (the inputs required to maintain a facility to a specified standard as defined by Council) and the associated Level of Subsidy (fees and charges) for local community level outdoor sport and recreation.

State of Play

• The City is the largest supporter of sport and recreation in Greater Geelong and we want to ensure sport and our clubs continue to thrive.

• Council manages $85M worth of sport and recreation facilities, provides for over 300 community sports clubs and spends an average of $5.5M to maintain existing facilities each year.

• Council currently subsidises the use of facilities by an average of 94%. While the current system recoups an average 6% of maintenance costs (approximately $350,000 per annum).

• Council’s existing subsidy (fees and charges) model for outdoor sport and recreation facilities was last reviewed in 1996. The current provision and subsidy model has remained unchanged for over 20 years, while the cost of building, upgrading and maintaining facilities has grown considerably in that time.

• Population growth has increased demand for sport, recreation and leisure infrastructure while existing facilities also need to be maintained and upgraded. The current funding model is not sustainable in providing fit for purpose facilities.

• There is a great disparity between the fees charged for the use of facilities across the network in addition to inconsistent and unfair conditions that exist between different clubs. There is a need to bring balance back to Council’s network of facilities and fairness for the clubs that use them.

Strategic Response

• A review of standard provisions, levels of service and associated subsidy (fees and charges) for outdoor sport and recreation facilities has been undertaken and an updated framework is proposed.

Fair Play – A framework for equity and fairness

• The framework is based on the industry standard of recouping a percentage of Councils cost of service (maintenance inputs directly related to Council) for community level outdoor sport and recreation facilities.

• The Fair Play Strategy outlines the key responsibilities of users and Council in its guidelines titled Standard Provisions and Levels of Service – Guidelines for the development of sporting pavilions and associated infrastructure. The guidelines are designed to apply to community and district level facilities and do not apply to facilities that are not on Council owned and/or managed land or facilities of a regional, state or national standard (these are all treated on a case-by-case basis).

• At full policy implementation, the Fair Play Strategy will recover 25% of the cost of service with the opportunity for a further subsidy to reach 15% recovery (reflecting the industry minimum standard for cost recovery).

• The realignment of facility classifications and subsidy rate of 75% (with the opportunity for further subsidy of 10% for community outcomes) is anticipated to provide up to a maximum of $500K additional revenue per year to reinvest back into community infrastructure (at full policy implementation, pending level of occupancy and rate of subsidy applied).

• The new system will maximise the efficiency of our public facilities by encouraging and rewarding shared use by multiple groups, clubs and the community. The system will also have a focus on supporting sporting clubs that offer healthy sporting environments and promote healthy community initiatives.

• The new system is transparent, equitable and more financially sustainable.

• A transition plan has been designed and tested by the community to manage the impact that any reclassification of facilities and increase in fees may have on sporting clubs and community groups.

Fair Play Principles

The following principles underpin the Fair Play framework:

Equity and Transparency

• Clear rationale for fees and charges for facilities.

• Equity in cost for tenants and community access.

Level of Service

• Fees linked to the level of service provided.

• Alignment with industry standard percentage of maintenance cost.

Shared Use

• Encourages shared use of facilities.

• Higher fees, incurred for exclusive use.

Asset Management

• Effective asset management with clearly defined obligations for Council and club / community owned assets.

Partnerships

• Promotion of healthy lifestyles through the provision of sport and recreation facilities.

• Recognition of the significant contribution of volunteers and clubs to sport and recreation across the City.

• Ensure Council is fair and transparent with each club as a key partner in supporting and subsidising the provision and maintenance of sport and recreation facilities.

Efficiency

• Efficient processes for administration by Council officers.

• Ease of use for club / community group volunteers and casual users.

Accountability and Continuous Improvement

• Provide a framework that ensures accountability from clubs, users and Council alike.

• Focus on continuous improvement and making people the centre of our business.

Healthy Communities

• Support for clubs and groups that provide healthy sporting environment initiatives.

• Development of community clubs and groups skills, knowledge and capacity.

Financial Implications

At present the renewal gap for existing outdoor sport and recreation assets is $13M and is projected to reach $45M in 5 years and $197M in 20 years. These figures represent unfunded capital renewal works that are expected to be required for the renewal of Council’s existing asset base.

The proposed framework is based on the industry standard of recouping a percentage of Councils cost of maintenance for community level outdoor sport and recreation facilities.

At full policy, the realignment and subsidy rate of between 75% - 85% is anticipated to provide up to a maximum of $500K additional revenue per year (pending level of occupancy and level of subsidy applied) to support Council’s continued reinvestment into community infrastructure.

The new system would result in Council recouping an average of 15% of the total cost of service associated with community level outdoor sport and recreation facilities by year 4 (2021) of policy implementation.

The following provides a summary of the average rate of recovery by implementation year:

• 2018 Stage 1 – Equity. Reclassification and charge 6% rate of recovery. Further Subsidy does not apply in year 1.

• 2019 Stage 2 – Policy. Charge at 15% rate of recovery. Introduce a Further Subsidy incentive of 6% for clubs supporting healthy communities and healthy sporting environment initiatives.

• 2020 Stage 2 – Policy. Charge at 20% rate of recovery. Introduce a Further Subsidy incentive of 8% for clubs supporting healthy communities and healthy sporting environment initiatives.

• 2021 Stage 2 – Policy. Charge at 25% rate of recovery. Introduce a Further Subsidy incentive of 10% for clubs supporting healthy communities and healthy sporting environment initiatives.

Stakeholder Consultation and Communication

In addition to the community and local sporting organisations engaged in the draft of the Fair Play Strategy, the following external stakeholders were consulted:

• AFL Victoria and AFL Barwon

• Netball Victoria

• Cricket Victoria and Geelong Cricket Association

• Football Federation Victoria

• Tennis Victoria

Policy/Legal/Statutory Implications

This report is aligned to the new Fees and Charges Policy adopted by Council in August 2017.

Alignment to City Plan

This report is aligned to the Community Well-being objective of City Plan. The provision of community level sport and recreation facilities promotes healthy lifestyles through physical activity.

The progress and implementation of the Fair Play Strategy will be reported back to Council through the Annual Reporting processes.

Conflict of Interest

No officer involved in the final recommendation of this report has any direct or indirect interest.

Risk Assessment

The current system is unsustainable and if not addressed there is a risk that the inequity across the network will remain and service levels will be impacted, meaning Council may no longer be able to afford to maintain facilities to the current standard.

Environmental Implications

No environmental implications are directly related to this report, however the introduction of environmental initiatives will be considered through the implementation of the Fair Play Strategy.

7. Healthy Choices – Sugar Sweetened Beverages Strategy

Purpose

To seek endorsement for the staged withdrawal of sugar-sweetened beverages from all Council and community operated facilities between 2017 - 2019.

Background

The Healthy Choices - Sugar Sweetened Beverage Strategy responds to the Geelong Public Health and Wellbeing Plan’s commitment to increase access to healthy food choices.

Reducing sugary drink consumption is also a priority of the Victorian Government’s Public Health and Wellbeing Plan for Victoria.

Consultation with peak sporting bodies for the Geelong region, and members of the Geelong community, has shown strong support for an increase in availability of healthy choices at Council facilities and a reduction in sugary drinks (see Attachment 1 and 3).

Key Issues

• The Victorian Population Health Survey ranked Greater Geelong as the 6^th highest consumer of soft drinks in Victoria. In Geelong 49% of the population are presently overweight or obese and 12% of the Geelong community and over 40% of adolescents consume sugary drinks every day.

• Sugar sweetened beverages (SSB’s) contain excessive kilojoules and no nutritive value and are a key driver of increasing levels of obesity, tooth decay and chronic disease.

• A staged withdrawal of sugar-sweetened beverages is an important next step for the work that has occurred so far. Where there are leased cafes operating in community facilities, the withdrawal will occur through a staged transition in line with future lease renewal/options or via negotiation.

• This initiative means that Greater Geelong will be one of the first Victorian Councils to implement a reduction of SSB provision along with the Cities of Corangamite, Wyndham and Melbourne

• Action will commence in October 2017 with a phased in reduction of sugar sweetened beverages over a two year period with education programs and resources provided to support implementation of the strategy (see Attachment 2).

K Alexander moved, L Gardner seconded -

That Council:

1. commit to a staged withdrawal of sugar-sweetened beverages from all Council operated community facilities by July 2018;

2. actively work with and support community operated facilities to reduce the sale of sugar-sweetened beverages by the end of 2019; and

3. develop and implement training and educational resources for staff, community groups and visitors to support implementation.

Carried.

Attachment 1

Discussion

Evidence indicates that the consumption of sugar-sweetened beverages is linked to poor population health outcomes and the following Council management documents:

1. The Geelong Public Health and Wellbeing Plan 2013-2017;

2. City of Greater Geelong Food Policy; and

3. The sale and procurement of healthy food by Council management procedure.

Council’s Lara Pool, Splashdown, Leisuretime and the Arena have previously made changes to their menu’s to increase the range of healthy choices available.

Whilst water remains the best choice from a health perspective, many flavoured milk and 99% fruit juice products will still be eligible to be sold under this proposal.

Artificially sweetened drinks with no added sugar may be eligible, however, in facilities that cater to a high proportion of children, promotion of these products would ideally be restricted.

This strategy will give managers within Council-operated facilities, and community operated facilities, clear direction on how Council can support the community to have healthier outcomes.

Some clubs participating in the “Healthy Sporting Environments” program through Leisure Networks have expressed a desire for Council to play this role. Some clubs, such as Lara Football and Netball clubs, have already expressed an interest in a withdrawal of sugar-sweetened beverages and are engaged in the Vic Health Nudge research project.

Procurement Compliance Guidelines

Procurement compliance guidelines will be developed including auditing principles and targets. These targets will be developed based on the Victorian Government Healthy Choice guidelines.

The Geelong strategy will phase in a reduction in SSBs over a two year period.

This will be achieved in 2018 by engaging with food supply procurement across all Council owned and run food outlets to meet the Healthy Choice Guidelines requirement of reducing visibility of SSBs to less than 20% of the menu and display including vending machines.

In 2019 SSBs will be removed and healthier beverage alternatives, particularly water, will be promoted.

The Healthy Choice Guidelines outline SSBs as drinks that are categorised in the RED category. This includes all drinks with added sugar except milk based drinks.

There are many drink choices which fit into the green and amber category of the Healthy Choice guidelines including water - plain and sparkling, plain and flavoured milk drinks, 100% fruit juice and drinks flavoured with fruit juice and no added sugar.

Financial Implications

Council’s Lara Pool has demonstrated, over the last three seasons, that withdrawing sugar-sweetened beverages has not led to a reduction in number of items purchased and has been very well accepted by customers to the pool.

However, this may vary depending on the venue and current sales. Maintaining similar financial returns is dependant on visitation and a number of factors which will be incorporated into the planning for the project. Monitoring will be part of an evaluation process of the proposal.

Results from Vic Health research with recreation and sport centres trialling a reduction in sugar sweetened beverages have shown no financial loss with a reduction in promotion of SSBs.

Stakeholder Consultation and Communication

Consultation occurred with the sporting peak bodies in Geelong in August 2017 and the proposal to increase healthy choices through the reduction of sugar sweetened beverages was supported.

Consultation with the broader Geelong community has been embedded in the Healthy Communities Unit work plan and the results across many settings indicate support for the promotion of healthy food and drink options.

A detailed communication and consultation process will continue to occur with all identified key stakeholders and the broader community to increase awareness of the need to reduce sugar sweetened beverage intake.

A key component of this consultation will be communicating the evidence that now exists from other organisations including YMCA and Alfred Health that have already undertaken this work.

Policy/Legal/Statutory Implications

This proposal fulfils commitments made by Council in the Geelong Public Health and Wellbeing Plan 2013-2017, the City of Greater Geelong Food Policy, and the sale of procurement of healthy food by Council management procedure.

Alignment to City Plan

This proposal seeks to address two of the three strategic priorities under City Plan’s Community Wellbeing theme: Healthy Lifestyles and Healthy Environments. Health and wellbeing is a necessary precursor to achieving a Clever and Creative future.

Conflict of Interest

No officer involved in the preparation of this report has any direct or indirect interest relative to the advice provided in the report.

Risk Assessment

A risk assessment has identified potential negative community and media responses to the staged withdrawal of sugar-sweetened beverages as a risk.

The engagement of key stakeholders and the communication of the project at all stages will be crucial to ensure the community are well informed of the benefits of this project to the community.

A staged approached to the withdrawal of sugar-sweetened beverages will also minimise any negative implications.

Environmental Implications

There are no environmental implications from this report, although it is recognised that tap water in a reusable bottle is the best option from both a health and environmental perspective.

Attachment 2

Education Program

To manage the staged withdrawal of SSBs from Council owned facilities, an education and awareness raising strategy for staff involved and the community will be implemented.

The education strategy proposed for each different area is listed below. The implementation process will be adjusted based on stakeholder needs.

Vending machines in Council worksites:

Staff will be informed of the changes to occur to the contents of vending machines and an awareness raising.

Vending machines will be modified to contain less than 20% of the contents consisting of SSB’s. Placement of the SSB’s will also be defined by the strategy to reduce visibility and promotion of SSB’s. Healthier choices will be increased to occupy 80% or more of the vending machine contents.

Communication will be required with the contractors of the vending machines and staff will be consulted regarding preferences within the guidelines. A planogram will be developed to enable ease of modification of contents of vending machines for staff.

Council owned and managed Recreation and Sport centres:

Education sessions regarding the SSB guidelines will be provided to COGG owned and operated recreation and sport centres, with an invitation and encouragement to contracted food outlets in Council owned centres, to discuss the guidelines for SSB availability and sales.

Education to staff will increase skills with managing the changes within the centre and also to educate consumers.

Education and support will include collaboration with suppliers to determine extra healthier choice options and the provision of a simple plan for fridges to meet the guidelines.

Sporting clubs utilising Council owned facilities

An education and awareness raising campaign will be developed to encourage sporting clubs to promote water as the drink of choice and reduce the sales of SSB’s.

Sporting clubs will be encouraged to choose a strategy to promote water and healthier choice drink sales over SSB sales by either reducing the visibility of SSB’s for sale, remove SSB’s or increase price of SSBs.

Attachment 3

Consultations via surveys and engagement with members of the Geelong community

8. Northern ARC Health and Wellbeing Hub – Business Case

Purpose

1. To seek Council endorsement for (a.) the Northern ARC Health and Wellbeing Hub Business Case and (b.) the public release of the document.

2. To outline the funding approach.

Background

The Northern ARC site has been an iconic destination for over 50 years for northern suburbs’ residents. Existing facilities include Waterworld Leisure Centre, Centenary Hall and Corio Library. The Northern ARC Health and Wellbeing Hub Master Plan, adopted in 2015, outlines the development of contemporary facilities and integrated health and wellbeing services to address significant disadvantage in the north.

Norlane Corio and North Shore has the lowest median weekly income of any of the City’s planning areas at $751, compared to $1,949 for Geelong LGA and $945 for regional Victoria. It is a culturally diverse community, with 22% of the population born overseas, compared to 16% across Greater Geelong.

There is also a high proportion of older people (under 75 years) requiring assistance – 6.1% compared to the 3.5% average across Geelong and 3.8% for regional Victoria. These statistics demonstrate the clear need for preventative health measures.

More than 20% of Norlane, Corio and North Shore residents are obese (Victorian Population Health Survey 2008), putting those suburbs in the higher than above average category - the highest possible category - compared to the State average.

The vision for Northern ARC is to create a vibrant community hub for leisure, recreation, cultural and health services to support positive health and wellbeing outcomes for communities in the northern suburbs. Council completed the Northern ARC Health and Wellbeing Hub Business Case in June 2017.

Key Issues

• It will be difficult to achieve any of the aspirations in Greater Geelong: A Clever and Creative Future without addressing social equity and disadvantage.

• Three options for the Northern ARC site were investigated in a business plan by Deloitte; Business as Usual, Option 1 and Option 2. On a number of variables, Option 1 (Stage 1) is the preferred and recommended option (see attachment 2).

• The Northern ARC Health and Wellbeing Hub option 1 will be delivered in two stages at a cost of $61.6 million for Stage 1. This project will deliver improved health outcomes for the northern suburbs and provide opportunities for better social connections, higher participation rates and stronger partnerships with health service providers.

• Council’s proposed contribution of $20.6 million for Option 1 Stage 1 will be referred to a future Council budget process. Council has begun discussions with State and Federal Governments on a partnership approach to funding.

• The first key milestone in renewal of the precinct is construction of a new health facility.

This $33 million project is fully funded by the State Government and will be operated by Barwon Health. Co-location of the Barwon Health and Northern ARC facilities will provide greater opportunity for an integrated approach to health and wellbeing.

• Council has made a commitment to the Department of Health through an MOU that we will redevelop the site over the next 10-15 years into a Health and Wellbeing precinct. The land sale and licence agreement for car parking are now completed.

P Dorling moved, L Gardener seconded -

That Council:

1. endorses the Northern ARC Business Case (option 1);

2. acknowledges a contribution of $20.6 million is included in the long term financial plan; and

3. continue discussions with the State and Federal Governments regarding co-funding to deliver the project.

Carried.

Attachment 1

Discussion

In 2015 the Northern ARC Health and Wellbeing Hub Master Plan was adopted by the City of Greater Geelong. The Master Plan builds on the Corio-Norlane Structure Plan and community feedback. Northern ARC will see delivery of a range of community facilities including hydrotherapy, maternal child health, rehabilitation and wellbeing activities for all age cohorts. The precinct will also be a destination for engagement and participation through programs such water therapy, strength training and social connections though the activation of flexible community spaces.

The Business Case demonstrates the need for redevelopment of the precinct with contemporary, well integrated community facilities. Norlane, Corio and North Shore are areas of significant disadvantage, with low median household income, low educational attainment levels, a high proportion of older people requiring assistance, high unemployment rates and low labour force participation rates. A number of specific health and wellbeing issues have been identified for the area, including:

• the growing prevalence of lifestyle risk factors across northern Geelong place many residents at risk of chronic health conditions;

• vulnerable people experience isolation and exclusion limiting their ability to make lasting supportive social connections; and

• the increasing cost of maintaining assets and providing aquatic services in northern Geelong places a growing financial burden on residents.

An Investment Logic Map process identified a number of high-level strategic options and assessed their feasibility and capacity to deliver the benefits sought from the Northern ARC Health and Wellbeing Hub. The community hub focus emerged as the best strategic option.

Three project scenarios were assessed throughout the Business Case, as follows:

Base Case – Business as usual

Involves increasing operational and maintenance costs to undertake unavoidable maintenance and upgrades to continue operation of the current Waterworld facility, Corio Library and Centenary Hall. This would include replacement of the Waterworld dome roof and aquatic area renewal within the next five years due to asset failure risks.

Option 1

Stage 1 – construction of a new Health and Wellbeing Hub in the north east corner of the Northern ARC site at a cost of $61.5 million. The existing community hall would be demolished with a multi-purpose community space integrated into the new aquatic and leisure centre and minor improvements made to the Library. Consulting suites have been added to the design to provide opportunities for satellite services such as Maternal Child Health. The existing aquatic and leisure centre would be demolished and replaced with expanded car parking. Stage 2 redevelopment of the library could be delivered at a later date.

Option 2

Delivery of the Master Plan vision which involves a new Health and Wellbeing Hub and new library at a cost of $105 million.

Benefits of this major redevelopment, delivered over 10 years in net present value terms, are:

• $111 million of preventative health benefits to the community*;

• $23 million total revenue benefits

• 600,000 annual visitations, which doubles current participation levels; and

(* Source – Sport and Recreation Victoria and SGS Economics and Planning, 2010 – Travel Cost Method)

The proposed Northern ARC facility will be located to the north of the site and the existing Waterworld Leisure Centre and Centenary Hall will be demolished as part of this re- development.

Council’s next planning phase of concept and schematic design is due to commence in October 2017.

Financial Implications

Council has already invested $50,000 for the Masterplan, $250,000 for the development of the Business Case and Feasibility in 2016/17 and has committed a further $1 million for the detailed design phase during 2017/18 (total $1.3 million).

A contribution of $20.6 million is included in Council’s long-term financial plan in anticipation funding will be secured from other levels of government. Discussions with State and Federal Governments regarding co-funding to deliver the project have commenced.

The procurement process for design and construction will follow the social procurement GROW model.

Stakeholder Consultation and Communication

Council undertook an extensive community engagement program to develop the Northern ARC Masterplan, the key principles and findings of that process informed the development of the project options. A series of workshops were undertaken by the Northern ARC project team to test the project options against the guiding principles of the Northern ARC Masterplan to ensure that the identified community needs and benefits would be delivered.

The project has been presented to the Federal Government during two Fed Cats delegation briefings in Canberra. There has been briefings with the Department of Treasury and Finance, Regional Development Victoria, Sport and Recreation Victoria and Barwon Region Partnerships. The Victorian Minister for Sport has been briefed on the Master Plan and Business Case. Both the Federal Members for Corio and Corangamite have been briefed.

Community engagement during the scoping of the detailed design phase will be undertaken including information sessions and some stakeholder and community forums to ensure we consider the broader community feedback on the design.

Policy/Legal/Statutory Implications

There are no legislative or legal ramifications associated with the adoption of this report.

Alignment to City Plan

The Northern ARC aligns to the City Plan’s priority of Community Wellbeing, encouraging healthy lifestyles and connected communities through active recreation and participation in sport.

It also supports Greater Geelong: A Clever and Creative Future by addressing the community vision of Geelong having a strong sense of community and uplifting its vulnerable community members.

Conflict of Interest

No Council Officers engaged in the creation of this report have a direct or indirect interest in the matter to which this report relates.

Risk Assessment

A detailed risk assessment is included in the Business Case. A total of 41 risks were identified across the following strategic risk groupings:

• Site and planning

• Design, construction and commissioning

• Contractor / sponsor / financial

• Operating / performance

• Market / demand

• Network / interface

• Industrial relations / workforce

Of the 41 risks, a shortlist of 19 key risks are included in the report.

Environmental Implications

There are no foreseeable environmental implications associated with this report. Environmentally sustainable design initiatives are incorporated into the design.

Options Analysis

Attachment 2

Note: Figures are high level quantity surveyor estimates and include capital costs, contingency, project costs and escalation.

*Stage 2, which adds the new library, could be considered as a future project

9. Chief Executive Officer Employment Matters Policy

Purpose

To adopt the CEO Employment Matters Policy that ensures best practice approach to CEO recruitment, employment, and performance matters.

Background

The Council is responsible for the appointment of the CEO, determining the CEO’s Performance Plan, assessing the CEO’s performance against that plan and determining the remuneration of the CEO as set out in the Local Government Act 1989.

The CEO Employment Matters Policy has been developed in order to establish the conditions that assist Council in delivering its legislative responsibilities.

Key Issues

• Council shall establish a Section 86 Committee to oversee periodic reviews of the Chief Executive Officer’s performance against pre-determined assessment criteria set by Council and make recommendations to Council regarding performance, employment and contractual matters.

• The Committee has no delegated authority to make decisions as if it were the Council, but rather formulates recommendations to Council regarding CEO employment and performance review matters.

• The CEO Employment Matters Policy sets out the conditions which assist Council in carrying out those functions.

• This process is documented to ensure a consistent and accountable approach is adopted and which attaches importance to good governance.

L Gardner moved, P Dorling seconded -

That Council adopts the CEO Employment Matters Policy CPL5.2 (Attachment 1).

Carried.

Attachment - 1

COUNCIL POLICY

1. POLICY STATEMENT

The Council is responsible for the appointment of the CEO, determining the CEO’s Performance Plan, assessing the CEO’s performance against that plan and determining the remuneration of the CEO.

This policy has been developed to support the requirements of the Local Government Act 1989 to assist Council in fulfilling its responsibilities relating to CEO employment and performance matters.

Council will carry out its functions relating to the appointment, remuneration and performance appraisal of the Chief Executive Officer in accordance with a number of leading practice principles:

• decision-making processes that are fair, accessible and applied consistently in comparable circumstances;

• decision-making criteria that are relevant, objective and available to the people subject to the decision;

• decisions and actions that are conducive to ongoing good governance;

• documentation that is sufficiently clear and comprehensive to render decisions transparent and capable of effective review;

• employment decisions that are based on the proper assessment of individual’s work related qualities, abilities and potential against the genuine requirements of the role; and

• decisions to appoint new employees that are based on competitive selection, open processes and objective criteria

The responsibility for assisting Council with its obligations regarding CEO employment and performance matters shall be delivered through the establishment of the CEO Employment Matters section 86 Committee.

2. REFERENCES

• Local Government Act (1989)

• Victorian Public Sector Commission

• Victorian State Services Authority

3. DEFINITIONS

• “The Act” means the Local Government Act 1989

• “CEO” means Chief Executive Officer

• “The Committee” means a Special Committee pursuant to Section 86 of the Local Government Act 1989

• “Contract” means the Chief Executive Officer Employment Contract

• “Council” means City of Greater Geelong

• “Councillor” means the Mayor or Councillor as defined by the Act

• “Independent Chairperson” means a suitably qualified person who is not a Councillor of Officer of Council and is a voting member of the Committee

• “Recruitment Consultant” means a Nationally recognised consultant with specialist expertise in sourcing and evaluating candidates for senior executive roles

• “Remuneration” means salary

4. COUNCIL POLICY

4.1 ESTABLISMENT OF CEO EMPLOYMENT MATTERS COMMITTEE

5. Recruitment of CEO- Terms of Reference

6. CEO Performance Review and Planning Process - Terms of Reference

The Committee shall:

QUALITY RECORDS

Quality Records shall be retained for at least the period shown below.

ATTACHMENTS

• Chief Executive Officer Performance Plan and Assessment Template

• Instrument of Delegation

City of Greater Geelong Council
Instrument of Delegation
Chief Executive Officer Employment Matters- Special Committee

Council delegates to the special committee established by resolution of Council passed on 20 September 2017 and known as the "CEO Employment Matters Committee" (the Committee), the powers and functions set out in the Chief Executive Officer Employment Matters Policy, and declares that:

1. the delegation:

1.1	comes into force immediately the common seal of Council is affixed to this Instrument of Delegation;
1.2	remains in force until Council resolves to vary or revoke it; and
1.3	is to be exercised in accordance with the guidelines or policies which Council from time to time adopts; and

2. the purposes of the Committee are those set out in the Council Chief Executive Officer Employment Matters Policy and Terms of Reference.

2.1	the Committee is appointed under Section 86 of the Local Government Act and is responsible for advice to Council on Chief Executive Officer employment matters and has delegated authority to act in accordance with the Policy.

10. Amended Councillor Code of Conduct Policy

Purpose

To adopt an amended Councillor Code of Conduct.

Background

• The Local Government Act (Vic) 1989 (the Act) requires the Council to adopt a Councillor Code of Conduct which may be amended from time to time.

• The current Councillor Code of Conduct was last adopted by Council in 2016. Since then, there have been significant changes in the operations of the Council, including the development and commitment to the community’ Clever and Creative long-term vision, and the adoption of new organisational values.

Key Issues

• In 2016 the Local Government Investigations and Compliance Inspectorate (LGICI) compiled examples of Councillor Code of Conduct policies that were compliant with the legislative reforms relating to Councillor codes of conduct introduced by the Local Government (Improved Governance) Act 2015. The amended Councillor Code of Conduct (amended Code) (Attachment 2) has been prepared taking into account the best-practice elements of the codes of conduct adopted by other Councils and identified by the LGICI.

• The adoption of the amended Code will contribute to an improved governance framework at the Council, by addressing the legislative requirements of Councillors’ conduct, and by providing clarity for Councillors in how they undertake their role and civic duties. For instance, the amended Code now addresses:

• The roles of Council, Councillors, the Mayor, the Deputy Mayor and the Chief Executive Officer;

• The relationships Councillors have with council officers and the community;

• Use of Council resources, access to information, and confidentiality and privacy; and

• Decision making in the interest of the whole community.

The substantive amendments to the amended Code are highlighted.

• The amended Councillor Code of Conduct has also been updated to include references to key changes to the governance framework for the Council, including reference to:

• multi-ward membership;

• the communities’ Clever and Creative Vision; and

• the organisation’s Values.

• In preparing the amended Code, how the Code is used in practice has been a key focus, resulting in the Code being categorised to assist Councillors to easily identify and understand the requirements of the Code.

L Gardner moved, P Dorling seconded -

That Council adopts the amended Councillor Code of Conduct in Attachment 2.

Carried.

Attachment 1

Financial Implications

The implementation of an amended Councillor Code of Conduct has no direct financial implications, but it is an important element of the governance framework that contributes to the effective and efficient governance of Council’s resources.

Stakeholder Consultation and Communication

There is no requirement to consult in relation to the adopting the amended Councillor Code of Conduct.

Policy/Legal/Statutory Implications

The Local Government Act (Vic)1989 requires the Council to adopt and a Code of Conduct which can be amended from time to time.

Alignment to City Plan

The adoption of an amended Councillor Code of Conduct will facilitate the efficient and effective governance of Council business in line with the City Plan.

Conflict of Interest

No officer involved in the preparation of this report had a direct or indirect interest.

Risk Assessment

In adopting the amended Councillor Code of Conduct, the Council will have a Code which mitigates the risk of being governed at a lesser standard or without recognising the value of continuously improving in line with the Council’s Values.

There are no significant risks arising from the adoption of the amended Councillor Code of Conduct.

Environmental Implications

There are no direct environmental implications in adopting the amended Councillor Code of Conduct.

Social Considerations

The implementation of an amended Councillor Code of Conduct sets out the relationship of Councillors with their community, and their responsibilities a community representatives and civic leaders. It is an important element of the governance framework that contributes to the effective and efficient governance of Council’s resources.

Contents

1. INTRODUCTION

2. COMMITMENT, PRINCIPLES AND VALUES

   2.1 Commitment

   2.2 Councillor Conduct Principles

   2.3 Values

   Community Expectations

3. ROLES AND RELATIONSHIPS

   3.1 Role of the Council

   3.2 Role of a Councillor

   3.3 Role of the Mayor

   3.4 The role of the Deputy Mayor

   3.5 Chief Executive Officer

   3.6 Relationship between Councillors and Council Officers

   3.7 Role of Delegate or Council Representative on Committees

   3.8 The Community

4. CIVIC REPRESENTATION

   4.1 Multimember Ward Representation

   4.2 Media Relations

   4.3 Mayoral Robe and Chain Protocol

   4.4 The Council Crest

5. CONDUCT

   5.1 Appropriate Use of Council Resources

   5.2 Access to Information

   5.3 Requests for Service/Complaints

   5.4 Conduct at Council Meetings

   5.5 Decision Making in the Community Interest

   5.6 Formal Community Forums

   5.7 Misuse of Position

   5.8 Improper Direction

   5.9 Breach of Confidentiality

   5.10 Conflict of Interest

   5.11 Register of Interests

   5.12 Gifts and Hospitality

   5.13 Unlawful Conduct

   5.14Councillor Eligibility 33

6. Internal Resolution Procedure

   6.1 Sanctions for Contravention of Code

   6.2 Application to a Councillor Conduct Panel

   6.3 Standing down of Councillor

   6.4 Suspension of all Councillors 38

1. INTRODUCTION

This Code of Conduct (Code) is a public declaration that Councillors of the Greater Geelong City Council (Council) are committed to provide good governance to the whole of the municipality and its administration (the City).

Within three months of being declared elected as a Councillor, each Councillor must make a written declaration witnessed by the Chief Executive Officer stating they will abide by this Code.

Within four months of on a municipal general election, this Code must be reviewed and adopted by the Council at a Special Meeting.

If the Code is amended and approved by Council, each Councillor must make a written declaration witnessed by the Chief Executive Officer stating that they will abide by the amended Code.

This Code does not apply to Council officers, who are instead bound by the City’s Staff Code of Conduct.

COMMITMENT, PRINCIPLES AND VALUES

2.1 Commitment

This Code:

• is a statement of how Councillors will behave and work with the Greater Geelong community, with each other and with Council officers; and

• represents the Councillors commitment to governing the municipality and the City effectively, and observe the principles of good governance and integrity that the Greater Geelong community expects and deserves.

All Councillors are committed to working together constructively as a team to achieve the long-term Clever and Creative vision for the whole of the Greater Geelong community.

Councillors acting together constitute the Council. As individuals, Councillors cannot bind the Council to any actions or decisions. All Councillors will act to ensure that decision making responsibilities are only exercised in Council meetings.

2.2 Councillor Conduct Principles

The Councillor conduct principles are set out in sections 76B and 76BA of the Local Government Act 1989 (Act) (the Principles) and set standards of conduct of Councillors that the community has a right to expect of all Councillors. The Principles consist of:

• The primary principle of Councillor conduct; and

• The seven general Councillor conduct principles (the General Principles).

These principles must be observed by every Councillor.

2.2.1 Primary principle

In accordance with section 76B of the Act, in performing the role of a Councillor, each Councillor will:

• act with integrity;

• impartially exercise their responsibilities in the interests of the local community; and

• not improperly seek to confer an advantage or disadvantage on any person.

2.2.2 General principles

In accordance with section 76BA of the Act, in performing the role of a Councillor, a Councillor must:

• avoid conflicts between their public duties as a Councillor and their personal interests and obligations;

• act honestly and avoid statements (whether oral or in writing) or actions that will or are likely to mislead or deceive a person;

• treat all persons with respect and have due regard to the opinions, beliefs, rights and responsibilities of other Councillors, Council officers and other persons;

• exercise reasonable care and diligence and submit themselves to the lawful scrutiny that is appropriate to their office;

• endeavour to ensure that public resources are used prudently and solely in the public interest;

• act lawfully and in accordance with the trust placed in them as an elected representative; and

• support and promote these principles by leadership and example and act in a way that secures and preserves public confidence in the office of Councillor.

2.3 Values

The four Values of the City are to:

• Respect and encourage each other;

• Embrace new ideas and better ways to work;

• Create a healthy and safe environment for all;

• Make people the centre of our business.

The four Values prioritise people and provide a clear framework for how Councillors and Council officers engage with each other and with other people, including Council officers.

Councillors are required to actively model and foster the Values. Values-based leadership is required of all Councillors, cognisant that the standards set by Councillors inform and guide all of those people who work for the organisation and the greater Geelong community.

Core to the delivery of effective and efficient community outcomes, the Values reinforce that Councillor behaviour must always be appropriate, positive and productive when Councillors are, or are reasonably assumed to be, acting in connection with the Council.

Community Expectations

Councillors recognise the community’s high expectations of Councillors as their representatives, who they have elected into a position of public trust.

Councillors will regularly report back to the community on legislative obligations and the obligations in this code through the reporting commitments outlined herein.

Councillors are expected to observe the principles of good governance and integrity. Central to both of these are transparency and accountability:

• Transparency achieved through following proper process that are open to public scrutiny; and

• Accountability achieved through being accessible and responsive to the needs of the whole Greater Geelong community.

3. ROLES AND RELATIONSHIPS

3.1. Role of the Council

The Council is responsible for setting the vision and strategic direction for the Greater Geelong region, determining strategic policy and appointing the Chief Executive Officer of the City.

3.2. Role of a Councillor

Councillors are able to exercise authority as members of Council after they are formally sworn in and when they meet formally as Council.

Councillors:

• Participate in decision-making of Council;

• Represent the local community in that decision making; and

• Contribute to the strategic direction of the Council through the development and review of key strategic documents of the Council, including the Council Plan.

In performing their role as Councillor, a Councillor must:

• Consider the diversity of interests and needs of the local community;

• Observe principles of good governance and act with integrity;

• Provide civic leadership in relation to the exercise of the various functions and responsibilities of the Council under the Act and other Acts;

• Participate in the responsible allocation of Council resources through the annual budget; and

• Facilitate effective communication without bias or discrimination between Council and the community.

In addition, Councillors will behave in a transparent, collaborative and professional matter in undertaking their civic responsibilities, and will:

• ensure transparency and accountability in decision making;

• abide by the confidentiality requirements of the Act;

• avoid conflicts of interest;

• ensure that they do not misuse their position:

• to gain or attempt to gain, directly or indirectly, an advantage for themselves or for another person; or

• to cause, or attempt to cause, detriment to the Council or another person;

• strive to achieve the best outcomes by working with colleagues and Council officers in a manner that demonstrates mutual respect and worthiness;

• be respectful to each other, and will listen and communicate in a way which is inclusive and collaborative;

• be honest and open with other Councillors and adopt a ‘no surprises’

• recognise and respect the individual strengths of fellow Councillors, and where possible, offer encouragement and support as needed;

• ensure punctual attendance at meetings;

• read all appropriate documentation prior to engaging in debate and decision making;

• debate contentious issues respectfully and be open minded, and value perspectives of their Councillor colleagues, Council officers and the community;

• seek to expand their knowledge and understanding of issues before making decisions;

• refrain from personal attacks or conduct that demeans, bullies or vilifies other Councillors, Council officers or members of the public, ensuring a focus on the issue at hand; and

• participate in any internal resolution procedure specified in the Code, in good faith.

The role of a Councillor excludes the performance of any functions that are specified as functions of the Chief Executive Officer as set out in section 94A of the Act and referred to in this Code.

3.2.1 Relationships

Developing and maintaining positive and productive working relationships between Councillors is integral to achieving the best outcomes for the community. It is incumbent upon each Councillor to recognise and value diversity and ensure deferential regard is shown to Councillor colleagues.

It is the responsibility of Councillors to recognise and embrace the importance of appropriate and productive relationships. As part of their role, Councillors will demonstrate a commitment to professional engagement that supports the relationships that they have with each other, Council officers and the community as they work cooperatively to achieve Council's strategic vision in a way that ensures the organisation is not brought into disrepute.

3.2.2 Positive Duty

It is the responsibility of Councillors to adopt the principles of positive duty as relevant to the mode of operation of the Council at large. Introduced as a requirement of Council under the Victorian Equal Opportunity Act 2010, positive duty places an onus on the Council to ensure that reasonable and proportionate measures to identify and eliminate inappropriate and unlawful workplace and work-related behaviour across all levels, are undertaken in an informed and timely way.

This positive duty places an obligation on the Council and in turn those who represent the mind and will of the Council, to be proactive and pre- emptive. It requires action that educates about, and prevents, unlawful discrimination, harassment, victimisation, vilification and bullying. There is an obligation that potential problems are identified and dealt with thoroughly and swiftly by persons in leadership roles, including Councillors.

Employing the concept of positive duty is both a group and an individual responsibility that places people first. Councillors have a positive duty to act in order that any risk of unfair treatment or harm to others is mitigated.

3.2.3 Political Affiliations

Councillors will maintain a clear and primary duty to the Greater Geelong community, rather than a political body or other jurisdiction. Councillors will avoid conflicts of interest, or the appearance of conflicts of interest, that affiliation with a political party may create.

Councillors will remain mindful of the importance of real and perceived impartiality of their position, and will not act in a way to compromise this. Councillors will not use Council resources to promote a political body or related organisation.

3.3 Role of the Mayor

The Mayor takes precedence

The Mayor takes precedence within the Council as follows:

• The Mayor take precedence at all municipal proceedings within the municipal district;

• The Mayor must take the chair at all meetings of the Council at which he or she is present; and

• If there is a vacancy in the office of the Mayor or the Mayor is absent, incapable of acting or refusing to act, the Council may be resolution appoint the Deputy Mayor to be the acting Mayor until the Mayor is capable of acting, or is willing to act, as Mayor again.

An acting Mayor may perform any function or exercise any power conferred on the Mayor.

Where the Mayor is not present but his or her attendance is required to carry out the Mayoral functions or duties, the Deputy Mayor will carry out the functions and duties of the Mayor that require the Mayor to be present.

3.3.2 Functions of Mayor

The functions of the Mayor include:

• providing guidance to Councillors about what is expected of a Councillor including the obligations and responsibilities of a Councillor; and

• acting as the principal spokesperson for Council; and

• supporting good working relations between Councillors; and

• carrying out the civic and ceremonial duties of the office of Mayor.

Mayor’s responsibilities

The principle responsibilities of the Mayor are to:

• provide leadership and represent, support and promote the businesses and people of the municipality;

• facilitate the setting of the strategic direction and goals for the municipality;

• establish and maintain inter-governmental relationships at Regional, State and Federal levels;

• maintain an effective working relationship with the Chief Executive Officer;

• lead and provide guidance to Councillors in their role, conduct and working relationships, with this Code as the basis for those interactions;

• generate community cohesion and inclusiveness and advocate on behalf of community programs, needs and wellbeing;

• promote high standards of democratic and internal governance;

• preside efficiently, firmly and fairly over Council meetings; and

• represent Council at key civic ceremonial and social occasions.

3.4 The role of the Deputy Mayor

The role of the Deputy Mayor is to represent the Mayor in all capacities in the event of the Mayor’s inability to carry out his or her functions. In practice, the Deputy Mayor, being elected by all Councillors, provides a critical role in supporting the Mayor’s leadership of Council. Given the demands and complexity of the role of the Mayor, the Deputy Mayor, with the agreement of the Mayor, will provide support in areas such as:

• assistance with communication between Councillors and between Councillors and the Mayor;

• providing leadership support to Councillors to ensure adherence with Council values and behaviours;

• taking the lead on strategic Council initiatives on behalf of the Mayor;

• liaising with Council’s administration on behalf of Councillors to ensure organisation support meets their role requirement; and

• advising the Mayor on a broad range of Council and Councillor matters.

If the Deputy Mayor is required to be acting Mayor for a period exceeding one month, the Council must elect another Councillor to be acting Deputy mayor for the relevant period.

Where the Mayor is not present but his or her attendance is required to carry out the Mayoral functions or duties, the Deputy Mayor will carry out the functions and duties of the Mayor that require the Mayor to be present.

3.5 Chief Executive Officer

The City’s administration is accountable to Council through the Chief Executive Officer, who is responsible for the management and administration of the organisation. The organisation is responsible for implementing Council policy and decisions, operational policy and procedures, service delivery and providing professional advice to Council.

The Chief Executive Officer will provide professional, relevant and timely information to the Council, and maintain a close working relationship that supports the Mayor.

The Chief Executive Officer is responsible for:

• establishing and maintaining an appropriate organisational structure for the Council;

• ensuring that the decisions of the Council are implemented without undue delay;

• the day to day management of the Council’s operations in accordance with the Council Plan;

• developing, adopting and disseminating a code of conduct for Council officers;

• providing timely advice to the Council;

• ensuring that the Council receives timely and reliable advice about its legal obligations under the Act and any other Act;

• carrying out the Council’s responsibilities as a deemed employer with respect to Councillors, as deemed workers, which arise under or with respect to the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013; and

• performing any other function or duty of the Chief Executive Officer specified in the Act or any other Act.

The Chief Executive Officer:

• may appoint as many Council officers as are required to enable the functions of the Council under the Act or any other Act to be carried out and to enable the Chief Executive Officer to carry out their functions;

• is responsible for appointing, directing, managing and dismissing Council officers and for all other issues that relate to Council officers; and

• managing interactions between Council officers and Councillors including by ensuring that appropriate policies, practices and protocols are in place defining appropriate arrangements for interactions between Council officers and Councillors.

3.6 Relationship between Councillors and Council Officers

The relationship between Councillors and Council officers must be one of mutual co-operation and support with a clear understanding of each other’s roles and responsibilities.

Subject to section 76E(2) of the Act and clause 5.9 of this Code, Councillors will:

• work cooperatively with the Chief Executive Officer and Council officers;

• treat Council officers with respect and dignity at all times, ensuring written and verbal communication is professional, courteous, fair, constructive, honest, equitable and ethical;

• avoid engaging in any form of inappropriate or intimidating behaviour, including discrimination, harassment, bullying, victimisation or vilification;

• demonstrate a commitment to working co-operatively and constructively with Council officers to achieve the Council’s common goals;

• refer their requests for service through the relevant Executive Manager or Director, or where they are seeking direct support from the Mayor & Councillor Support Unit in accordance with the Working with Councillors Protocol;

• understand and respect the distinction in roles of Councillors and Council officers, acknowledging that the Chief Executive Officer is responsible for the operations of Council and the management of Council officers. Councillors will not involve themselves, directly or indirectly, in any personnel matter relating to a Council officer;

• recognise the role of Council officers to provide professional, ‘best’ advice to Council;

• acknowledge that Councillors must not in any way direct, reward, instruct or inculcate members of staff in the performance of their duties;

• acknowledge that support from staff in the Mayor & Councillors Support Unit shall be available in accordance with approved protocols;

• refrain from using the Councillor position to improperly influence Council officers in their duties or functions, or to seek preferential treatment or gain an advantage for themselves or others;

• advise the Chief Executive Officer in a timely way of any concerns relating to a Council officer who has acted in a manner contrary to a formal Council policy or decision, or the Council officers’ Code of Conduct. Any discussions pertaining to the performance of a Council officer must be held privately with the Chief Executive Officer or appropriate Director or Executive Manager in a constructive and objective manner; and

• refrain from publicly criticising or vilifying Council officers in a way that casts aspersions on their professional competence or credibility.

3.7 Role of Delegate or Council Representative on Committees

The participation on a range of local specific issues committees established by Council, peak body/sector associations, and local and regional forums, is an essential part of Council’s representative role. The Mayor and/or the Council nominates or appoints representatives and delegates to these committees annually, or as needed, in accordance with the Council Committee Representation Policy.

A Councillor appointed as a delegate or representative to a committee will represent the position of Council, and report back to Council at an Ordinary Council Meeting on the issues or progress of the committee, and any recommendations made by the committee for Council to consider.

3.8 The Community

Councillors are elected to govern the municipality as Council. On behalf of the community, Councillors are committed to representing constituents and the broader community, working together to achieve the Council’s strategic vision, common goals and associated outcomes that are in the best interests of the municipality.

Consultation, representation, fair and equitable treatment, ethical engagement, openness and accountability are the key features of the relationships that are to be established and maintained between Council and the community. Councillors will:

• treat members of the community with respect and dignity at all times ensuring written and verbal communication is professional, courteous, fair, constructive, honest, equitable and ethical;

• strive to understand and acknowledge diversity, including the emergence of different points of view within the community;

• be available to interact, listen actively and respond to community concerns, mindful of the need to avoid promising outcomes which cannot, or may not, be delivered;

• make decisions in the best interest of the whole community after considering all relevant interests and points of view;

• be cognisant of the principles of procedural fairness prior to making statements on issues where public submissions have been invited;

• encourage partnerships with the community so that mutual strengths can be utilised to achieve common goals; and

• encourage understanding, tolerance and harmony across the community, ensuring to act to discourage divisiveness among citizens of the municipality.

4. CIVIC REPRESENTATION

4.1 Multimember Ward Representation

Councillors will share information and work collaboratively with their fellow ward Councillors on ward based issues and initiatives. In relation to sharing information, a Councillor will inform their fellow ward Councillors, the Mayor, the Deputy Mayor and the Chief Executive Officer, and then the remaining Councillors if appropriate.

4.2 Media Relations

Councillors will comply with the Council’s Media and Engagement Policy.

Mayoral Robe and Chain Protocol

The Mayor will decide whether to wear or not to wear the current Mayoral robe and /or chain during their term of office, subject to the conditions set out below.

The Mayoral robe and chain can only be worn by the Mayor:

• at official swearing in of the Mayor ceremony;

• at Citizenship ceremonies held in the municipality;

• at Australia Day Civic ceremonies and presentation of Order of Australia awards;

• Remembrance Day memorial services;

• as a representative of the Council at graduation and dedication ceremonies held by universities and education institutions;

• for the purposes of official portraits to be placed at City Hall and advertising materials which signify official capacity;

• on occasions when the Mayor represents or is asked to officially represent the Council as the Mayor at events, functions and delegations where the objective is to showcase the City’s profile, only with the approval of the CEO; and

• as otherwise agreed from time to time with the Chief Executive Officer to the benefit, official promotion and credit of the Council.

The Mayoral robe and chain are not to be worn by other elected Councillors, Council officers or citizens, with the exception of the Deputy Mayor if standing in for the Mayor.

The Mayoral robe and chain will be stored in a secure Council location at the direction of, and as determined solely by, the Chief Executive Officer.

The Chief Executive Officer will be responsible for ensuring the maintenance of the Mayoral robe and chain, and for arranging the necessary delivery to, and collection from the Mayor promptly after use.

The Mayoral robe and chain must not be left unattended when not stored in a secure Council location.

4.4 The Council Crest

The heritage themed Council Crest adopted in 2014 is the most prestigious branding device available to the Council and, as such, has restrictions on its use and reproduction.

It can only be used for:

• for Council sanctioned functions and civic events where the Council has an official role; and/or

• on official correspondence originating from the Mayor and Councillors’ Office.

If the Crest is accompanied by words, they shall appear below the Crest, and read City of Greater Geelong only.

The Council Crest does not replace the City’s official logo, adopted in the City’s (visual) Style Guide 2017.

The use of the Council Crest must not:

• appear more than once in a publication;

• appear at the bottom of a page;

• be positioned next to branding or any other logos, but it can appear on the same document or publication (i.e. the Crest can be on the top left of the page and other logos can be printed at the bottom of that same page);

• be presented as a stylised version or other artistic interpretation - only the authorised image is permitted; and/or

• be used for commercial purposes, including gifts, souvenirs or collector’s items, or on any sporting apparel or uniform.

The Council Crest artwork remains the property of Council and shall not be altered or used by any other person or organisation, and unauthorised use may result in legal proceedings to enforce Council’s ownership rights in the Crest.

5 CONDUCT

5.1 Appropriate Use of Council Resources

Councillors are responsible for ensuring the resources of Council are allocated efficiently and effectively to meet the needs of the community. In doing so, Councillors are expected to balance the competing needs of different sections of the community in deciding resource allocations within budget constraints. This requires an understanding of community needs alongside a commitment to sound financial management. It also encompasses ensuring the Council remains in a sustainable financial position into the future.’

Councillors are able to access reasonable resources and facilities to support them in fulfilling their Council role. Councillors will only use Council resources for their Council duties, and in accordance with the Council’s Facilities and Expenses Policy.

5.2 Access to Information

Councillors will be provided with relevant information from the organisation to help them make informed decisions and fulfil their duties. This information may be publicly available, or in some instances, restricted or confidential. Councillors will act in accordance with the Access to Information Protocol, including when requesting a briefing from Council officers or requesting information on Council matters.

5.3 Requests for Service/Complaints

A Councillor request for service is a request made by a Councillor on their own behalf, or on behalf of a community member.

In accordance with the Victorian Ombudsman’s good practice guide, to ensure transparency and fairness, complaints received by Councillors should be treated the same way as ones made to Council officers. A Councillor must not seek to direct or influence the complaint handling process.

Councillors are aware the same service standards apply to a Councillor request, as a request for service from a community member. All requests will be entered into Council’s customer service system, and sent to the appropriate Director for actioning. A Councillor may contact the relevant Director about the progress of the complaint, but will not attempt to direct or influence the process. Council officer investigations and actions will be recorded and monitored in Council’s customer request system, and status reports will be provided regularly to Councillors.

5.4 Conduct at Council Meetings

Council’s Meeting Procedures Local Law governs the conduct of Council Meetings and Special Committee meetings. The Chair plays a crucial role in facilitating an orderly, respectful, transparent and constructive meeting by ensuring all Councillors have the opportunity to be heard, matters are adequately discussed, meeting procedures are followed and statutory requirements are met.

Councillors will comply with the Council Meeting Procedures Local Law and this Code of Conduct when participating in Council Meetings and Special Committee meetings. Councillors will act respectfully towards the Chair, their fellow Councillors, Council officers, guests and any community members or media attending the meeting.

5.5 Decision Making in the Community Interest

Councillors will make decisions in the best interests of the whole Greater Geelong community. Councillors will act fairly and without bias when making decisions that affect the rights and interests of others, and in accordance with ‘natural justice’.

Councillors will listen to each other as matters are discussed in Council Meetings, and not pre-determine any decisions proposed to be made prior to consideration at a Council Meeting. As part of this consideration, Councillors will take into account the outcomes of consultation or feedback from the community on a matter.

5.6 Formal Community Forums

Forums or committees are convened from time to time to enable community members to express their views in relation to a specific matter. Councillors invited or appointed to hear from the community may ask questions to clarify issues raised. However, Councillors will not behave or comment in a way that may be perceived as pre-determining their own, or Council’s, position in relation to a matter, or direct Council officer responses.

Formal community forums include:

• Planning forums – coordinated by the City Planning Department. The purpose of the Planning forum is for applicants and objectors to speak about their support/concerns regarding a planning application.

• Section 223/Major Policy Consultation Committee (Hearing of Submissions) meetings – convened in accordance with Section 223 of the Act to hear from people in support of written submissions in relation to matters such as proposals to adopt a Budget, Council Plan or Local Law, or in relation to selling Council property;

• Single issue consultation forums – coordinated by the department responsible for a proposal or response to a community issue, single issue forums will be arranged as required.

5.7 Misuse of Position

Councillors will not use their position, or knowledge gained in their role as a Councillor, to disadvantage Council or someone else, or advantage themselves or someone else.

Section 76D of the Act states that a person who is or has been a Councillor or a member of a special committee must not misuse their position:

• to gain or attempt to gain, directly or indirectly, an advantage for themselves or for any other person; or

• to cause, or attempt to cause, detriment to the Council or another person.

Misuse of position includes:

• making improper use of information acquired as a result of the position they hold/held;

• disclosing information that is confidential;

• directing or improperly influence a Council officer (or seeking to do so);

• exercising or performing, or purporting to, a power, duty or function that they are not authorised to perform;

• using public funds or resources in a manner that is improper or unauthorised; and/or

• failing to disclose a conflict of interest.

Under the Act, the penalty for a Councillor misusing his or her position can be up to 600 penalty units or imprisonment for 5 years or both.

5.8 Improper Direction

Councillors will not use their position to direct or influence Council officers in any of the Council officers’ powers, duties or functions.

Under Section 76E of the Act, a Councillor must not direct, or seek to, Council officers:

• in the exercise of a delegated power, duty or function;

• in the exercise of a power, duty or function as an authorised officer;

• in the exercise of a power, duty or function the officers exercises under the Act or any other Act;

• in relation to advice provided to the Council or a special committee, including advice in a report to Council or a special committee.

Under the Act, the penalty for a Councillor who breaches section 76E can be 120 penalty units.

5.9 Breach of Confidentiality

Councillors will observe the confidentiality of the information they receive in the course of performing their Councillor duties and responsibilities, and will not convey (electronically, verbally, or in writing) information they know, or should reasonably know, is confidential.

Section 77 of the Act states a person who is, or has been, a Councillor must not disclose information that the person knows, or should reasonably know, is confidential information. The penalty for breach of section 77 of the Act is 120 penalty units and may amount to Serious Misconduct.

Information is confidential for the purpose of section 77 of the Act if:

• the information was provided to the Council or a special committee in relation to a matter considered by the Council or special committee at a meeting closed to members of the public and the Council or special committee has not passed a resolution that the information is not confidential; or

• the information has been designated as confidential information by a resolution of the Council or a special committee which specifies the relevant ground or grounds applying under section 89(2) and the Council or special committee has not passed a resolution that the information is not confidential; or

• the information has been designated in writing as confidential information by the Chief Executive Officer specifying the relevant ground or grounds applying under section 89(2) and the Council has not passed a resolution that the information is not confidential. Confidential information designated by the Chief Executive Officer (2)(c) ceases to be confidential at the expiry of the period of 50 days after the designation is made, unless subsection (2)(a) or (2)(b) applies to the information.

Additionally, all briefing material provided to Councillors shall be considered to be confidential, unless that information is otherwise publicly available.

Section 89 (2) of the Act sets out grounds for designating information as confidential:

1. personnel matters;

2. the personal hardship of any resident or ratepayer;

3. industrial matters;

4. contractual matters;

5. proposed developments;

6. legal advice;

7. matters affecting the security of Council property;

8. any other matter which the Council or special committee considers would prejudice the Council or any person;

9. a resolution to close the meeting to members of the public.

Councillors will treat Council information appropriately by:

• not using information gained by virtue of being a representative for any purpose other than to exercise their role as a Councillor;

• adhering to Council’s policy in relation to public comments and communication with the media;

• not releasing information deemed ‘Confidential Information’;

• recognising the requirements of the Privacy and Data Protection Act 2014 regarding the access, use and release of personal information; and

• adhering to this Code of Conduct when seeking to access Council information (refer to Attachment 4).

Councillors may only disclose confidential information in accordance with the provisions of section 77(1A) of the Act.

Councillors will appropriately store and dispose of both hard copy and electronic confidential information. Hard copy confidential information will be either shredded or returned to the Mayor and Councillor Support Unit.

5.10 Conflict of Interest

A conflict of interest occurs when a Councillor has a direct or indirect interest, or a personal interest that is in conflict with their duty as a Councillor and has been accepted by Council. A conflict will prevent the Councillor in question from debating and voting on the related matter.

Councillors are required to proactively assess their individual circumstances and are personally responsible for determining if they have a conflict of interest in an honest, timely and transparent manner. Where necessary, additional information and advice to enable a Councillor to determine whether a conflict of interest exists can be provided by persons authorised by the Chief Executive Officer.

5.10.1 Direct Conflict of Interest

If a Councillor’s financial benefits, obligations or circumstances would directly change for better or worse due to a matter being decided in a particular way at Council, then the Councillor has a direct conflict of interest. This includes where the Councillor or members of the Councillor’s family have a controlling interest in an entity with a direct interest in the matter before Council.

5.10.2 Indirect Conflict of Interest

Indirect conflicts of interest occur when a matter comes before Council and:

• a close association exists when a Councillor’s family member has a direct or indirect interest in a matter, or a relative or household member has a direct interest in a matter;

• Councillor has an indirect financial interest and is likely to gain or lose financially as a result of a financial gain or loss to someone else with a direct or indirect interest in a matter;

• a Councillor has conflicting duties if a Councillor is a:

  • manager or member of a governing body of a company (including an incorporated association which most clubs are) or body that has a direct interest in a matter;

  • partner, consultant, contractor, agent or employee of a person, company or body with a direct interest in a matter; and/or

  • trustee for someone with a direct interest in a matter;

• a Councillor receives an applicable gift or gifts worth $500 or more during the last five years from people who have a direct interest in a matter(reasonable hospitality at an event or function attended in an official capacity, isn’t considered an applicable gift);

• the Councillor is an interested party, who has initiated or is a party to, civil proceedings related to a matter that comes before Council; and/or

• there is a reasonable likelihood that the residential amenity in a Councillor’s neighbourhood will be altered as a result of a matter.

5.10.3 Certain Situations where a Councillor is taken to not have a Conflict of Interest

A Councillor is taken to not have a conflict of interest if the matter only relates to:

• the nomination or appointment by Council of the Councillor to a position for which the Councillor will not be remunerated;

• the appointment of an acting Mayor;

• a decision in relation to the payment of allowances to the Mayor or Councillors;

• the adoption of a policy in relation to the reimbursement of expenses;

• the adoption of a Councillor Code of Conduct;

• an application to a Councillor Conduct Panel or VCAT;

• an application for Ministerial exemption;

• the appointment of members and Chairpersons of special committees;

• a resolution that has the effect of making the Councillors eligible or ineligible for the superannuation guarantee under taxation legislation;

• the conduct of a Councillor with respect to:

• an internal dispute that involves the Councillor;

• an allegation of misconduct or serious misconduct by the Councillor;

• a submission provided to an electoral representation review; and

• a submission provided for the purposes of a subdivision review.

If a budget or revised budget to be approved by Council includes funding for a matter in respect of which a Councillor has a conflict of interest, the Councillor is taken to not have a conflict of interest for the purposes of approving the budget or revised budget if:

• Council previously approved the matter and the proposed funding for the matter for inclusion in the budget or revised budget; and

• the Councillor disclosed the nature of the conflict of interest when the decision in respect of the matter and the proposed funding for the matter was previously considered and made.

If a Council Plan to be approved by Council includes a matter in respect of which a Councillor has a conflict of interest, the Councillor is taken to not have a conflict of interest for the purposes of approving the Council Plan if:

• Council previously approved the matter for inclusion in the Council Plan; and

• the Councillor disclosed the nature of the conflict of interest when the decision in respect of the matter was previously considered and made.

If a Councillor with a conflict of interest notifies the Mayor prior to the consideration of the budget, revised budget or Council Plan of the conflict of interest, the Mayor must allow a prior motion to be put that the matter or funding be considered for inclusion in the budget, revised budget or Council Plan.

5.10.4 Exemptions

A Councillor does not have a conflict of interest in a matter if:

• the interest is so remote or insignificant that it could not reasonably be regarded as capable of influencing the Councillor in relation to the matter;

• the interest is held:

• as a resident, ratepayer or voter and does not exceed the interests generally held by other residents, ratepayers or voters; or

• in common with a large class of persons and does not exceed the interests generally held by the group of persons;

• the circumstances of the interest are unknown to the Councillor and who would not reasonably be expected to know about the interest.

5.10.5 Conflicting Personal Interest

A Councillor can have a conflicting personal interest (a personal interest that is in conflict with their public duty) that is neither direct nor indirect.

Where a Councillor considers that he or she has a personal interest in relation to a matter that is in conflict with his or her public duty in relation to the matter, the Councillor or member may, immediately before the matter is considered, apply to the Council or special committee to be exempt from voting on the matter.

The Councillor must detail the reasons why they are conflicted in support of their application to be exempt from voting.

A council or special committee may consent to a Councillor’s application to be exempt from voting, and that consent cannot be unreasonably withheld.

If consent is given, the personal interest is treated in the same way as a conflict of interest specified in the Act, and the Councillor must leave the room when the matter is considered

5.10.6 Perceived and Potential Conflicts of Interest

While there are some exceptions to conflicts of interest under the Act, in the interests of good governance and sound community relationships, it is essential that Councillors understand and are responsive to perceived conflicts of interest and potential conflicts of interest.

A potential conflict of interest is one that may arise between the Councillor’s public duties and their private interests.

A perceived conflict of interest is where a third party (such as a community member or business owner) could reasonably form the view that a conflict exists and that the Councillor’s private interests could improperly influence their actions in the immediate or longer term.

5.10.7 Conflict of Role

It is required of Councillors that they are cognisant of, and in turn respond appropriately to, situations where there is a conflict of role. This occurs when a Councillor has two or more roles, related to or under the auspice of the Council, and there is a conflict between their duties when they act in each role.

5.10.8 Conflict of Interest when Attending a Council Meeting

If a Councillor with a conflict of interest attends a Council meeting, the Councillor must disclose and describe the interest, including whether it is a direct, indirect or personal type.

Alternatively, the Councillor can describe the conflict, providing detail about the type of conflict, to the Chief Executive Officer in writing before the meeting. The Councillor then only needs to disclose the type of interest in the Council meeting immediately before the matter is considered. The Councillor must leave the Council chamber before the discussion that leads to the vote on the matter. The Councillor cannot be present for the vote, post the discussion.

All conflicts of interest must be recorded in the council meeting minutes, including the type and description of the conflict. This information can be provided verbally by the Councillor at the meeting or in writing to the Chief Executive Officer prior to the meeting, and in this circumstance the Chief Executive Officer is to read the correspondence out at the meeting.

When a conflict is disclosed to the Chief Executive Officer in writing, it is to be kept by the Chief Executive Officer in a secure place for three years after the Councillor stops holding office. The disclosure must then be destroyed.

5.10.9 Conflict of Interest Accountability

Councillors play a key role in ensuring the reputation of the Council and are required to diligently manage their duties and personal circumstances so as maintain professional credibility. Early identification, appropriate disclosure and timely action in relation to conflict of interest, including potential and perceived conflict of interest, is incumbent upon each individual Councillor.

If not managed appropriately, conflict of interest can bring the Council into disrepute and undermine confidence in the Council and local government at large. While managing conflicts of interest is an important part of Council business, it is the conduct of individual Councillors that will ensure operational success and in turn protect the public interest.

Assembly of Councillors

Section 3 of the Act includes the definition of an Assembly of Councillors. An Assembly of Councillors is a planned or scheduled meeting comprising at least half of the Councillors and one Council officer, or an advisory committee with at least one Councillor present, that discusses or considers matters that are likely to be:

• The subject of a Council decision; or

• Subject to the exercise of a power or duty under delegation by a person (including Council officers) or committee.

Section 80A of the Act requires a Councillor attending an Assembly of Councillors to:

• Disclose the conflict of interest and leave the assembly while the matter is being discussed and considered;

• Disclose the conflict of interest either before the matter is considered, or when a Councillor becomes aware they has a conflict of interest.

5.11 Register of Interests

It is incumbent upon a Councillor to provide the Chief Executive Officer with accurate details of all registrable interests. This must be done within thirty days of the election or within seven days of making the oath of office of a Councillor, whichever date is later. In addition, each year after being elected, Councillors must update and submit an ordinary return by 9 February and 9 August. Councillors are required to provide notice of any changes to their registerable interests to the Chief Executive Officer within 14 days of any change, or before the next Council or Committee meeting, whichever is earlier. New items must also be recorded on the next ordinary return.

5.12 Gifts and Hospitality

5.12.1 Acceptance and Declaration of Gifts and Hospitality

A Councillor may be offered gifts or hospitality from members of the public or other organisations. While these offers are usually genuine in nature, they can give rise to perceived inappropriate relationships and potential conflicts of interest (and possible breaches of the Act).

Councillors will not accept a gift or hospitality if it could be perceived as intended to, or likely to, influence them in the fair, impartial and efficient discharge of their duties. Councillors will not solicit gifts or hospitality, and will not accept any offers of money.

If a Councillor receives a gift for Council, for example, an artwork, from an external organisation, delegation or person, the Councillor will present it to the Chair at the next Ordinary Council Meeting, for retention by Council. Councillors will not purchase, donate or bid on items (on behalf of Council) at any auction, community fundraising event or similar, without the authority of Council.

Councillors will comply with the Council’s Gifts and Hospitality Policy, including by disclosing receipt of any gifts and hospitality, including any offers of gifts or hospitality declined, on the gift declaration form, for recording in Council’s gift register.

5.12.2 Giving Civic Gifts

A civic gift is a gift given on behalf of the Council. Types and financial thresholds for civic gifts are set out in the Councillor Gifts Protocol (Attachment 7). The purchase or giving of civic gifts other than as provided by the Protocol, will be determined by the Chief Executive Officer.

5.12.3 Reporting Inappropriate Offers

A Councillor will notify the Chief Executive Officer of any inappropriate offer of a gift or hospitality. The Chief Executive Officer will determine an appropriate course of action, including possible investigation and/or referral to a relevant authority.

5.13 Unlawful Conduct

It is incumbent upon Councillors to ensure that they do not allow, permit, aid, foster, encourage, reward, incite or instruct any form of unlawful conduct, nor in engage in a manner that condones unlawful conduct. Councillors have individual legal obligations and can be held accountable as individuals by external courts and tribunals, for conduct that compromises the rights of other Councillors, Council officers and members of the community.

Under the Victorian Equal Opportunity Act 2010 it is against the law for local governments to treat, or propose to treat, someone unfavourably because of a personal characteristic protected by law. It is also against the law to sexually harass. For example a Councillor must not discriminate against, harass or sexually harass another Councillor, Council committee member, Council officer or community member.

Council also has responsibilities in other areas of public life covered by the Equal Opportunity Act 2010 including employment and provision of goods and services.

5.13.1 Discrimination and Harassment

Direct discrimination is unfavourable treatment due to a personal characteristic protected by law. Indirect discrimination occurs when an unreasonable requirement, condition or practice is imposed resulting in disadvantage for a person or group because of a personal characteristic protected by law.

Systemic discrimination relates to behaviour and action that affects a person or group with personal characteristics protected by law, and the outcomes of the behaviour and action have become entrenched or part of the culture, and are reinforced by policies or procedures.

Harassment is a form of discrimination. It is unwelcome conduct that offends, humiliates or intimidates on the basis of a personal characteristic protected by law. Intent or motive is irrelevant – it is the nature and the impact of the behaviour that is assessed. A single incident can amount to harassment.

Sexual harassment is unwelcome behaviour of a sexual nature that offends, intimidates or humiliates. It can be physical, verbal, written or online conduct. Sexual harassment is unlawful and can also be criminal. Intent or motive is irrelevant – it is the nature and impact of the behaviour that is assessed. A single incident can amount to sexual harassment.

5.13.2 Personal Characteristics Protected by law in Victoria

The personal characteristics protected by law in Victoria are:

• age;

• breastfeeding;

• carer and parental status;

• disability (physical, sensory, intellectual disability, work-related injury, medical conditions, and mental, psychological and learning disabilities);

• employment activity;

• expunged homosexual conviction;

• gender identity;

• industrial activity;

• lawful sexual activity;

• marital status;

• physical features;

• political belief or activity;

• pregnancy (including potential pregnancy);

• race (including colour, nationality, ethnicity and ethnic origin);

• religious belief or activity;

• sex;

• sexual orientation; and

• association with someone who has one of the personal characteristics.

The Australian Human Rights Commission Act 1986 provides guidance in relation to the inappropriate nature of discrimination on the basis of irrelevant criminal record, irrelevant medical record and social origin. These characteristics are adopted by the Council and are deemed protected personal characteristics under this Code, and shall be adhered to in the same manner as all other protected personal characteristics identified under the Victorian Equal Opportunity Act 2010. It is noted that under this Code ‘social origin’ is used by Council to refer to place of origin, place of residency and presumed social status.

5.13.3 Victimisation

Victimisation is subjecting, or threatening to subject, someone to reprisal or detriment because they have asserted their rights under equal opportunity law, made a complaint, helped someone else to make a complaint, or refused to do something because it would be discrimination, sexual harassment or victimisation.

5.13.4 Vilification

Vilification is behaviour that incites physical harm or hatred, serious contempt, revulsion or severe ridicule of a person or group because of their race or religion. It is unlawful conduct.

5.13.5 Bullying

Bullying is unlawful. It is repeated, unreasonable behaviour, directed towards an individual or a group of people, that creates a risk to health and safety. It includes both physical and mental risks and abuse. ‘Repeated behaviour’ refers to the persistent or systematic nature of the behaviour or pattern of behaviours, over a period of time. ‘Unreasonable behaviour’ means behaviour that a reasonable person, having regard to all the circumstances, would expect to intimidate, humiliate, undermine, frighten or threaten.

Stalking can constitute bullying. It is willful, repeated behaviour (or obsessive attention) that arouses apprehension and fear placing physical or mental health and safety at risk. Stalking involves intent and is often calculated behaviour, be it in person, or via other intrusive means such as surveillance, interfering with property, or the repeated delivery of messages, items or gifts. Stalking is unlawful conduct.

Cyber-bullying utilises technology and operates via social media sites, text messages, chat, and websites. It is willful, repeated behaviour (or obsessive attention) that humiliates, intimidates and causes anxiety and fear, placing physical or mental health and safety at risk. Abusive text messages, malicious rumours or inappropriate images posted on- line and establishing false internet profiles are examples of cyber- bullying.

5.13.6 Violence

Violence refers to any incident where a person is physically attacked, threatened, or subjected to significant aggression. It can be a single incident where a person is abused, or assaulted. It covers abusive and aggressive behaviours that place physical or mental health and safety at risk, including verbal threats to harm, maim or kill, physical assault, the dangerous application of force to the body or clothing of a person, holding a person against their will or attacking a person with a weapon or makeshift weapon.

5.13.7 Accountability in relation to Unlawful Conduct

It is incumbent upon Councillors to ensure that they do not allow, permit, aid, foster, encourage, reward, incite or instruct any form of unlawful conduct, no engage in a matter that condones unlawful conduct. Councillors have individual legal obligations and can be held accountable as individuals by external courts and tribunals for conduct that compromises the rights of other Councillors, Council officers and members of the community.

Councillor Eligibility

Division 3 of the Act describes the qualifications for eligibility to hold the office of a Councillor. It also describes the circumstances in which a Councillor may become ineligible or disqualified from holding office.

A Councillor will notify the Chief Executive Officer in writing as soon as practicable of any change in circumstance that affects their right or eligibility to hold office as a Councillor.

6 INTERNAL RESOLUTION PROCEDURE

At times there will be complaints alleging that a Councillor has contravened this Code. The complaint may require resolution outside the Council Chamber. At other times a Council officer or a community member may allege that a Councillor has contravened the Code.

Before commencing the formal complaint resolution procedure specified below, the Councillor(s), Council officer or community member who are parties to a complaint about an alleged contravention of this Code will endeavour to resolve the matter informally in a courteous and respectful manner, recognising that the Councillor against whom the complaint has been made was elected to represent the best interests of the community. The parties may seek assistance of any third party in resolving the complaint.

The following internal resolution procedure is available to a complainant who is either:

• any Councillor; and/or

• the Council officer(s) or the community member(s) who has/have made the complaint about an alleged contravention of this Code against a Councillor, provided that the allegation is not frivolous, vexatious, misconceived or lacking in substance as determined by the Chief Executive Officer.

The Principal Conduct Officer, appointed by the Chief Executive Officer in accordance with section 81Y of the Act, will maintain a complaints register, regarding complaints made against Councillors, irrespective of the complainant (e.g. community member, staff member or Councillor).

A written report (complaint) will be furnished by the Principal Conduct Officer to the Mayor summarising an alleged contravention(s) of the Code, and specifying the relevant provisions of the Code.

Within five working days of receipt of the complaint, the Mayor will:

• provide written acknowledgment of receipt of the complaint to the complainant;

• provide a copy of the complaint to the Councillor concerned; and

• attempt to facilitate a resolution.

The Mayor may call upon the Chief Executive Officer for advice and guidance at this point in the process. The Mayor may appoint an independent expert to express an opinion in relation to the complaint.

If the complaint is not able to be satisfactorily resolved, the Mayor shall appoint an independent arbiter nominated by the President of the Law Institute of Victoria who is suitably qualified and able to carry out the role of the arbiter fairly.

The role of the arbiter is to:

• consider the complaint;

• ensure that the parties to the complaint are given an opportunity to be heard by the arbiter;

• explore if the complaint can be resolved between the parties without making any findings; and

• make any findings in relation to the alleged contravention of the code which the arbiter must give, together with written reasons for any findings, to Council and to each party to the complaint.

If an arbiter is appointed, all parties to the complaint shall provide reasonable assistance to the arbiter, as requested.

If the Mayor is involved in the complaint, the Deputy Mayor shall assume the role of the Mayor for the purposes of this part of the Code unless the Deputy Mayor is also involved in the complaint, in which case another Councillor determined by Council shall assume the role of the Mayor for the purposes of this part of the Code.

Throughout any internal resolution procedure, all parties maintain confidentiality of the complaint and must refrain from speaking to the media and must not disclose the nature of the dispute to any third parties.

A Councillor who is a party to a complaint must participate in good faith in the internal resolution procedure specified in this Code.

6.1 Sanctions for Contravention of Code

If, after an internal resolution procedure has been conducted, it is found that a Councillor has contravened this Code, Council may give any or all of the following written directions to the Councillor:

• direct the Councillor to make an apology in a form or manner specified by Council;

• direct the Councillor to not attend up to, but not exceeding, 2 meetings of Council; and/or

• direct that, for a period of up to, but not exceeding, 2 months commencing on a date specified by Council, the Councillor:

• be removed from any position where the Councillor represents Council; and/or

• not chair or attend any advisory committee or special committee meeting or an assembly of Councillors or any other meeting specified in the direction.

6.2 Application to a Councillor Conduct Panel

Council, a Councillor or a group of Councillors may make an application for a Councillor Conduct Panel (Panel) to determine an application alleging misconduct or serious misconduct against a Councillor.

The Principal Councillor Conduct Registrar is appointed by the Secretary of the Department of Environment, Land, Water and Planning under section 81S of the Act.

A Panel consists of 2 people selected by the Principal Councillor Conduct Registrar in accordance with section 81T of the Act.

6.2.1 Misconduct

Misconduct by a Councillor means

• failure by a Councillor to comply with the internal resolution procedure specified in this Code;

• failure by a Councillor to comply with a written direction given by Council after a finding that the Councillor has contravened this Code; and/or

• repeated contravention of any of the General Principles.

6.2.2 Serious misconduct

Serious misconduct by a Councillor means:

• failure to attend a Councillor Conduct Panel hearing formed to make a finding in respect of that Councillor;

• failure to give a Councillor Conduct Panel any information the Councillor Conduct Panel has requested the Councillor to give;

• failure to comply with a direction of a Councillor Conduct Panel;

• continued or repeated misconduct after a finding of misconduct has already been made in respect of the Councillor by a Councillor Conduct Panel;

• bullying being repeated unreasonable behaviour that creates a risk to the health and safety of another Councillor or member of Council officers;

• improper direction of a member of Council officers; and/or

• release of confidential information.

6.2.3 Chief Municipal Inspector

The Chief Municipal Inspector may make an application:

• for a Councillor Conduct Panel to make a finding of serious misconduct against a Councillor; and/or

• to VCAT to make a finding of gross misconduct against a Councillor.

6.2.4 Gross misconduct

Gross misconduct by a Councillor means behaviour that demonstrates that a Councillor is not of good character or is otherwise not a fit and proper person to hold the office of Councillor.

If VCAT makes a finding that a Councillor has engaged in conduct that constitutes gross misconduct, it may order that the Councillor is disqualified for up to 8 years and the office of the Councillor is vacated.

6.2.5 Panel findings

After a Councillor Conduct Panel has conducted a hearing, the Panel may make a finding:

• of misconduct or serious misconduct against a Councillor; and

• that remedial action is required, whether or not a finding of misconduct; or

• serious misconduct has been made.

If a Panel makes a finding of misconduct against a Councillor, it may:

• reprimand the Councillor;

• direct the Councillor to make an apology in a form or manner determined by the Panel;

• direct the Councillor to take leave of absence for up to 2 months; and

• direct that the Councillor is ineligible to hold the office of Mayor for up to the remainder of the Council’s term.

If a Panel makes a finding of serious misconduct against a Councillor, the Councillor becomes ineligible to hold the office of Mayor for the remainder of the Council's term unless the Panel directs otherwise and the Panel may:

• reprimand the Councillor;

• direct the Councillor to make an apology in a form or manner determined by the Panel;

• direct the Councillor to take leave of absence for up to 2 months;

• suspend that Councillor from office for up to 6 months; and

• direct that the Councillor is ineligible to chair a special committee of the Council for up to the remainder of the Council's term.

If a Panel makes a finding that remedial action is required, it may direct the offending Councillor to attend mediation, training and/or counselling.

If it appears to a Panel that a Councillor has committed an offence under the Act, it must promptly notify the Chief Municipal Inspector who may commence an investigation.

6.3 Standing down of Councillor

If, during a Panel proceeding for serious misconduct or a VCAT proceeding for gross misconduct, a complaint is made to the Minister alleging that the Councillor:

• is creating a serious risk to the health and safety of Councillors or Council officers; or

• is preventing the Council from performing its functions; or

• is behaving in a manner that does not accord with the role of a Councillor,

the Councillor may be temporarily stood down following an investigation and the making of an Order in Council.

6.4 Suspension of all Councillors

The Minister may recommend to the Governor in Council that all the Councillors of a Council be suspended, if the Minister is satisfied on reasonable grounds:

• that there has been a serious failure to provide good government after considering what steps the Council has taken to address and remedy the difficulties underlying the failure; or

• that the Council has acted unlawfully in a serious respect; or

• that the Council has repeatedly and substantially failed to comply with a general Order and any special Order.

11. Councillor Expenses, Facilities and Support Policy

Purpose

To adopt the Councillor, Expenses, Facilities and Support Policy in anticipation of the 2017 Council Election.

Background

In March 2016 the Commission of Inquiry into the Greater Geelong City Council (COI) made a number of recommendations in regards to the improvement of governance and compliance standards including the requirement to undertake a comprehensive review of all Council policies, systems, processes and operations to ensure they meet contemporary governance standards.

As part of the review, and in preparing for the return of elected Councillors in November 2017, a comprehensive review of the Councillor Expenses, Facilities and Support Policy has been undertaken to ensure that Councillors are provided with adequate support and facilities to enable them to carry out their civic duties.

Key Issues

• The new Councillor Expenses, Facilities and Support Policy CPL 45.2 (Appendix 1) provides a succinct point of reference for incoming councillors on the nature of expenses that are provided and reimbursed and the facilities and support arranged to assist new councillors in their roles.

• The policy additionally supports the new Councillor Code of Conduct 2017 to enable and facilitate Councillors to conduct their official duties, ensuring that Council resources are only used for this purpose.

• The policy provides for greater transparency of Councillor expenditure, with quarterly publishing of Councillor expenditure reports on the City’s website.

L Gardner moved, P Dorling seconded -

That Council adopts the new Councillor Expenses, Facilities and Support Policy in Appendix 1.

Carried.

Attachment 1

Financial Implications

The implementation of a new Councillor Facilities and Expenses Policy provides for the provision of equipment, training and support required by a Councillor to carry out their civic duties in line with the current 2017/2018 budget.

Stakeholder Consultation and Communication

There is no requirement to consult in relation to the adopting the new Councillor Facilities and Expenses Policy.

Policy/Legal/Statutory Implications

The Local Government Act (Vic)1989 requires the Council to adopt a policy regarding reimbursement of Councillor expenses reimburse Councillors .

Alignment to City Plan

The adoption of a new Councillor Facilities and Expenses Policy will facilitate the efficient and effective governance of Council business in line with the City Plan.

Conflict of Interest

No officer involved in the preparation of this report had a direct or indirect interest.

Risk Assessment

In adopting the Councillor Facilities and Expenses Policy, the Council will have a policy framework which mitigates the risk of the misuse of Council resources.

There are no significant risks arising from the adoption of the amended Councillor Code of Conduct.

Environmental Implications

There are no direct environmental implications in adopting the Councillor Facilities and Expenses Policy.

Social Considerations

The implementation of Councillor Facilities and Expenses Policy has no direct social implications, but it is an important element of the governance framework that contributes to the effective and efficient governance of Council’s resources.

Appendix 1

COUNCIL POLICY

Contents

• PURPOSE 3

• SCOPE 3

• REFERENCES 4

• DEFINITIONS 4

1. PROFESSIONAL DEVELOPMENT AND TRAINING

   1.1 Professional Development and Training

   1.2 Additional appropriate professional development

2. ATTENDANCE AT CONFERENCES, FUNCTIONS AND SEMINARS ON OFFICIAL COUNCIL DUTIES

   2.1 Councillors

   2.2 The Mayor

   2.3 Spouse/Partner Accompanying Person

3. REIMBURSEMENT

   3.1 Reimbursement of expenses

   3.2 Travel, parking and accommodation

   3.3 Vehicle Use, Tolls Fees and Permits

   3.4 Travel expenses not reimbursed

   3.5 Study Support

   3.6 Family and Child Care

   3.7 Councillor’s obligation to ensure expenses claimed relate to Official Council Duties

   3.8 Process for reimbursement to Councillors

   3.9 Reimbursement to Council

   3.10 Reporting and Monitoring

4. PUBLICATION OF EXPENSES PAID OR REIMBURSED

5. HOSPITALITY, GIFT AND BENEFITS 11

6. ADMINISTRIVE SUPPORT FOR THE MAYOR AND COUNCILLORS

   6.1 Office of the Mayor

   6.2 Support for Councillors and the Mayor

   6.3 Councillor Portal

   6.4 Correspondence

   6.5 Invitations and Calendars

7. FACILITIES & EQUIPMENT

   7.1 Council Executive Suite (Lounge) and Meeting Rooms

   7.2 Refreshments

   7.3 Meeting Rooms

   7.4 Equipment - Electronic Office

   7.5 Equipment - Mobile Communications Equipment

   7.6 Data and telephone network access

   7.7 Insufficient mobile connectivity

   7.8 Data and telephone network access charges

   7.9 Data and telephone network access while overseas

   7.10 Stationery

   7.11 Council Vehicles

   7.12 Public transport travel within Victoria

8. COUNCILLOR WELFARE AND SUPPORT

   8.1 Councillor Welfare

   8.2. Disability Support

9. INSURANCE & LEGAL COSTS

   9.1 Insurance and WorkCover

   9.2. Legal costs

10. QUALITY RECORDS

11. ATTACHMENTS

PURPOSE

The Mayor and Councillors of the Greater Geelong City Council (Council) will incur expenses in the effective performance of their Official Council Duties.

In accordance with section 75B of the Local Government Act 1989 (the Act), the purpose of this policy is to outline:

• the facilities, resources and support to be provided to the Mayor and Councillors relative to the function and Official Council Duties as provided for in the Act;

• the payment by Council of reasonable expenses to enable Councillors to perform their duties;

• the reimbursement by Council of reasonable bona fide expenses incurred while performing their Official Council Duties; and

• the methods and standards for reporting and accountability.

• In addition, this policy provides:

• a clear guide about the nature of expenses that are provided for by the Council or reimbursed and the facilities and support available to them; and

• for transparency and accountability in the use of Council resources to support Councillors to undertake their civic duties.

SCOPE

This policy applies to:

• Councillors; and

• Members of Special Committees where required.

LEGISLATIVE FRAMEWORK

Councillor Allowances

Sections 73A to 74C of the Act provide the framework for payment of annual allowances to Mayors and Councillors.

The allowance framework provides a three level structure for allowances based on Council population and total revenue. The allowances are reviewed and adjusted annually by the Minister for Local Government.

In addition to the allowance, an amount equivalent to the superannuation guarantee contribution is payable. The current amount is 9.5% from 1 July 2014.

Councillor Allowances are taxable income and are paid monthly in arrears.

Resource and Facilities

Section 75C of the Act provides that a Council must make available for the Mayor and the Councillors the minimum resources and facilities prescribed.

Expenses

Section 75 of the Act provides that a Council must reimburse a Councillor for expenses if the Councillor applies in writing and establishes in the application that the expenses were reasonable bona fide Councillor out of pocket expenses incurred while performing duties as a Councillor.

Section 75A of the Act provides that a Council may reimburse members of Council Committees for necessary out of pocket expenses incurred while performing duties as a Committee member.

Duties as a Councillor

Section 75 of the Act provides for the reimbursement of necessary out of pocket expenses incurred whilst performing duties as a Councillor (including the Mayor).

Section 75 (2) of the Act states that duties as a Councillor means duties performed by a Councillor that are necessary or appropriate for the purpose of achieving the objectives of a Council having regard to any relevant Act, regulations, Ministerial guidelines or Council policies.

Councillor duties include Official Council Duties as set out in this policy.

REFERENCES

• Councillor Code of Conduct

• Council Gifts and Hospitality Policy

• Local Government Act 1989

• Victorian Government Good Governance Guide

DEFINITIONS

Act means the Local Government Act (Vic) 1989

City means the administration of the Greater Geelong City Council, led by the Chief Executive Officer (CEO).

Council means the Greater Geelong City Council.

Councillor means a person who holds the office of member of Council.

Council Officer means a person employed by the CEO.

Incidental Costs means the reasonable cost of:

• travel;

• parking;

• accommodation;

• meals, if staying overnight, to be paid to a Councillor at $75.00 per day.

Official Council Duties include a Councillor attending:

• Ordinary and Special Council Meetings or Committees of Council;

• Formal briefing sessions and planning forums;

• Civic or ceremonial functions convened by the Council or presided over by the Mayor;

• Meetings scheduled by the Council or Mayor;

• A meeting, function or other official role as a representative of the Council or Mayor;

• Attendance at site inspections in relation to a Council approval process or Council project;

• Meetings of community groups, organisations and statutory authorities to which the Councillor has been appointed Council delegate / representative; and

• Conferences, study tours, official visits (domestic and overseas), seminars and training sessions as a Councillor where attendance has been approved by Council or in accordance with this policy. This includes travel to and from air, rail or bus ports when embarking on interstate or international Council business.

1. PROFESSIONAL DEVELOPMENT AND TRAINING

1.1 Professional Development and Training

Professional development and training of Councillors contributes towards a positive presentation of Council for the betterment of the organisation and community. The City and the Council is committed to helping Councillors fulfil their roles to the expectation of the community.

Councillors wishing to undertake professional development and training shall have the expenses for any course enrolment or registration fees and Incidental Costs relating to their attendance paid for by Council as follows:

• The annual expenditure limit for any individual Councillor for the enrolment or attendance cost of a professional development training opportunity is $3,000.00, not including Incidental Costs. All requests for professional development must be submitted to the Mayor and Councillor Support Unit and approved by the CEO.

• If a Councillor will exceed their annual expenditure limit by incurring the cost of enrolling in or registering for a professional development or training opportunity, approval must be sought from Council at a Council meeting.

• Councillors wishing to attend professional development and training opportunities interstate and overseas must seek approval of Council for the cost of attending, including Incidental Costs, at a Council meeting. Applications for approval for interstate or overseas professional development or training opportunities must be accompanied by a business case, prepared by the Councillor seeking the approval. The business case must detail:

  • the estimated cost, including Incidental Costs of attending;

  • the benefits to the Council and the community of his or her attendance at,

  the professional development or training. This information will be publicly available.

• Within two months of attending any interstate or overseas professional development or training opportunity, the Councillor/s who attended must table a report at a Council meeting detailing the learnings from the professional development or training opportunity, including a summary of all of the costs of attendance including Incidental Costs, and benefits of the learnings to the Greater Geelong community.

1.2 Additional appropriate professional development

• The Council and the City recognise the benefits of and the need for a collaborative and well governed Council.

• In addition to the $3,000.00 annual expenditure limit for professional development and training opportunities for each Councillor, the CEO may from time to time provide Councillors with the opportunity to attend additional appropriate training courses. The nature and extent of the additional appropriate training course will be at the discretion of the CEO, and availability of this additional training will be dependent on the cost being within the Council budget.

2. ATTENDANCE AT CONFERENCES, FUNCTIONS AND SEMINARS ON OFFICIAL COUNCIL DUTIES

2.1 Councillors

The annual expenditure limit for any individual Councillor, excluding the Mayor, to attend a conference, function or seminar to represent their community, or the Council, is $3,000.00, not including Incidental Costs.

The primary purpose of attendance by a Councillor at a conference, function, or seminar must to be to:

• represent Council; and/or

• advance the Council’s vision and strategy.

The primary purpose of the conference, function or seminar must be directly related to the Councillor’s Official Council Duties or be relevant to the Council’s vision or strategy.

The Council will not pay for a Councillor’s attendance at a conference, function or seminar if hospitality is the primary purpose of the conference, function or seminar to be attended by a Councillor, rather than simply incidental to or included as part of the conference, function or seminar.

This annual expenditure limit does not apply:

• to any activities that are specific to the role of Mayor, or any Councillor attending on behalf of the Mayor. The annual expenditure limit for the activities of the Mayor will be determined in accordance with any budget allocation for the functions of the office of the Mayor; or

• when attendance is required by a Councillor at a Council function or event within the municipality.

This includes attendance at Government and peak body conferences, functions and meetings and incorporates state, federal and local government authorities and local government peak bodies. The conference or seminar attended by any Councillor must be directly related to his or her civic office.

Council will not provide reimbursement for attendance at political party fundraising events for which payment is required or travel or accommodation expenses are incurred. The cost is to be borne by individual Councillors.

Councillors attending a conference, function or seminar shall have all reasonable Incidental Costs relating to their attendance at the conference, function or seminar reimbursed.

Original tax invoices for all expenses a Councillor proposes to claim for reimbursement must be submitted on a completed Councillor Expenses Reimbursement Form to the Mayor and Councillor Support Unit.

2.2 The Mayor

Council recognises that the role of Mayor carries the expectation that the incumbent will represent Council at events. Therefore, the $3000 limit set out above does not apply to attendances at any activities specific to the role of the Mayor, or any Councillor attending on behalf of the Mayor.

The following circumstances apply:

• Charity Events – The City of Greater Geelong will meet the cost of the Mayor or representative to attend a charity fundraising event, if other Councillors wish to attend to support the charity they will be required to pay for the cost of their own attendance.

• Council representation at events and functions – In circumstances when the Mayor has been invited to an event or function and is not able to attend the Deputy Mayor will be given the first option to represent the Mayor.

• Invitation in addition to the Mayor – If another Councillor is requested to attend in addition to the Mayor, these attendance costs will also be met by the Council.

2.3 Spouse/Partner Accompanying Person

Council will meet reasonable costs incurred by the attendance of a spouse or partner for attendance at official Council functions, when accompanying a Councillor:

• within the municipality;

• outside the municipality, but within the State of Victoria when carrying out official duties.

The payment of expenses for spouses, partners or accompanying persons for attendance at appropriate functions (within allocated budget) shall be limited specifically to the ticket and meal. Peripheral expenses such as grooming, special clothing and transport are not reimbursable.

3. REIMBURSEMENT

3.1 Reimbursement of expenses

In accordance with section 75 of the Act, Council will reimburse Councillors for reasonable bona fide out-of-pocket expenses incurred while performing their Official Council Duties.

In accordance with section 75A of the Act, Council will reimburse members of Council committees for necessary out-of-pocket expenses incurred while performing duties as a Council committee member in accordance with this section of this policy.

3.2 Travel, parking and accommodation

Councillors will be reimbursed for the cost of:

• the reasonable cost of car parking;

• using public transport;

• using a taxi;

• using a ride-share (Uber);

• mileage at the rate specified by the Commissioner of Taxation from time to time, where a Councillor uses their private vehicle to carry out their Official Council Duties.;

• travel by air when travelling interstate or overseas, noting that air travel will be in economy unless otherwise determined as necessary or appropriate in the circumstances by Council;

• accommodation not exceeding the cost of 4-star equivalent, where the cost was incurred in undertaking their Official Council Duties.

3.3 Vehicle Use, Tolls Fees and Permits

Councillors who have incurred a Citylink road toll whist undertaking their Official Council Duties can request reimbursement for the cost of that road toll.

3.4 Travel expenses not reimbursed

The cost of any road, traffic, parking or public transport infringements or penalties incurred by Councillors, whether or not in the course of undertaking their civic duties, will not be reimbursed by Council.

3.5 Study Support

Councillors will be eligible for reimbursement of 50% of their study fees, up to $2,000.00 per annum, for enrolment in a course approved by the CEO which is specifically relevant to their role as a Councillor (Study Support). A request for study support must be approved by the CEO.

Reimbursement of Councillor study fees will be approved by the CEO upon successful completion of units enrolled. Application for reimbursement of study support must be made by completing the forms provided by the Mayor and Councillor Support Unit.

3.6 Family and Child Care

Councillors may request reimbursement of family care expenses for the cost of care of a dependent when a Councillor engaged in Official Council Duties.

Family care includes the care of children, specific home care and any other support provided for a dependent.

Family care expenses will be reimbursed where it is provided by a recognised care provider.

Family care expenses will not be reimbursed where the person providing family care:

• has a familial or like relationship with the Councillor; or

• resides either permanently or temporarily with the Councillor; or

• has a relationship with the Councillor or with her or his partner such that it would be deemed in appropriate for Council to reimburse monies remunerated to the care provider.

Carer expenses may consist of:

• Child care centre fees;

• Hourly fees;

• Agency booking fees (if claimed); and

• Reasonable travelling expenses at rates no greater than those prescribed in the Victorian Local Authorities Award 2001 (if claimed by the carer).

Fees are payable per hour (or part of an hour) subject to any minimum period which is part of the provider’s usual terms, to a maximum hourly rate approved by the CEO.

Travelling expenses includes the transport costs of the carer to and from the Councillor’s residence, or of the person to be cared for to and from the place of care.

Claims for reimbursement of family care costs must be accompanied by a receipt from the care provider showing the date and time care was provided and details of the reason care was need on each occasion.

3.7 Councillor’s obligation to ensure expenses claimed relate to Official Council Duties

It is the sole responsibility of a Councillor claiming reimbursement for an expense to declare that they have incurred that expense as a result of undertaking their Official Council Duties.

Council officers will not be responsible for assessing whether or not an expense is related to a Councillor’s Official Council Duties as part of processing a request for reimbursement.

3.8 Process for reimbursement to Councillors

In order to claim reimbursement for an incurred expense, Councillors will complete a Councillor Reimbursement Request form and provide it to the Mayor and Councillor Support Unit.

In every instance that a claim for reimbursement is to be made, a Councillor must complete a Councillor Reimbursement Form and provide tax invoices for each claimed expense.

Once a Councillor has completed a Councillor Request for Reimbursement form, and has provided copies of all relevant tax invoices to the Mayor and Councillor Support Unit, the request for reimbursement will be processed within the delegation to the City’s officers.

Once a Councillor expenditure has been approved for reimbursement, reimbursement will be made to the Councillor’s nominated bank account by electronic funds transfer.

3.9 Reimbursement to Council

If a Councillor exceeds the expenditure limit set out in this policy without the necessary approval, but the Council has paid the Councillor, or someone on behalf of the Councillor, for an amount exceeding the expenditure limit (Excess Spend), the Councillor must reimburse the Council for the Excess Spend.

Where it is identified that a Councillor has an Excess Spend, the Mayor and Councillor Support Unit will notify the Councillor and the Mayor in writing, outlining:

• The amount of the Excess Spend;

• The annual expenditure limit which has been exceeded; and

• A request for reimbursement by the Councillor of the Excess Spend.

The Councillor will be required to reimburse the Council for the Excess Spend within thirty (30) days of receiving written notice from the Mayor and Councillor Support Unit of the Excess Spend.

3.10 Reporting and Monitoring

All reimbursements will be recorded in Council’s Councillor Reimbursement Register. This will be kept in the Mayor & Councillor Support Unit. Councillors will be provided with a monthly summary of their individual expenditure, and a quarterly summary for all Councillor expenditure will be provided to the Council at a Council briefing.

Councillor expenditure will be monitored by the Mayor and Councillor Support Unit to assist Councillors to manage their expenses and to identify when an individual Councillor may be likely to exceed their annual expenditure limit/s.

The Councillor Reimbursement Register is publicly accessible under the Freedom of Information Act (Vic) 1983.

4. PUBLICATION OF EXPENSES PAID OR REIMBURSED

In the interests of transparency and accountability, the following Councillor expenses paid by Council or reimbursed to Councillors will be reported on Council’s website at the end of March, June, September and December.

The expenses categories that will be reported to the community for each Councillor include the expenditure for:

• Councillor allowances;

• Professional development and training costs;

• Incidental Costs;

• Travel (includes Mayoral vehicle allowance; use of private vehicle; taxi / cab charge/Uber; air or rail);

• Communication (includes mobile telephone / Internet); and

• Child / family care.

5. HOSPITALITY, GIFT AND BENEFITS

Councillors must comply with the Council’s Councillors Code of Conduct and the Gift and Hospitality Policy. This policy provides a guide for what a Councillor must do when offered a gift and hospitality in their capacity as a Councillor.

6. ADMINISTRIVE SUPPORT FOR THE MAYOR AND COUNCILLORS

6.1 Office of the Mayor

The Mayor has additional responsibilities and functions over and above other Councillors as he or she leads the Council and in undertaking of civic and ceremonial functions.

The Council will pay all expenses and outlined in this policy to the Mayor, along with the additional expenditure incurred in discharging the Mayoral responsibilities and functions. Expense entitlements are not subject to the annual expenditure limits in this policy, however, they are limited by the annual budget of the office of the Mayor, as approved by Council.

The Council will provide administrative support to assist the Mayor with his or her day to day administrative requirements. Any Council Officers directly involved in providing administrative support to the Mayor do not report to the Mayor, but rather, they report to the CEO.

6.2 Support for Councillors and the Mayor

The Council will provide administrative support to assist the Mayor and Councillors with:

• Managing and responding to correspondence;

• Distributing invitations to attend events and functions;

• Processing reimbursements that are in line with this policy;

• Using the Councillor portal, which will provide the Mayor and Councillors with electronic, mobile access to the information necessary to carry out their Official Council Duties;

• Responding to requests for information or service from the Mayor or Councillors in accordance with the relevant protocols;

• Diary management for Official Council Duties;

• Travel and accommodation bookings that are in line with policy; and

• Training and development bookings or registrations that are in line with this policy.

6.3 Councillor Portal

Access to Councillor information and administrative support will be streamlined by the provision of a dedicated Councillor portal. Online access to information will be provided by mobile devices, for use by Councillors.

The Councillor portal will include a number of support services that will assist Councillors in performing their Official Council Duties.

Councillors will be required to access information and support services through the Councillor portal, including for the provisions outlined in this policy. All Councillor request for service of information must be made through the Councillor portal.

The Mayor and Councillor Support Unit will be responsible for the day-to-day management of the Councillor portal, and will inform and educate Councillors of the functionality of the portal, including when it can be used to submit and obtain information.

The Councillor portal aligns the Council with the communities’ long term Clever and Creative Vision, as well as contemporary governance standards with the use of integrated digital technology platforms. In line with Council’s commitment to environmental sustainability, no hard copy documents will be provided in the first instance to Councillors.

The City will provide administrative support to the Mayor and Councillors to facilitate their use of the Councillor portal, including:

• IT coaching and support;

• Printing on request only.

6.4 Correspondence

All email /mail received by Council is designated as Council business and is opened by Central Records staff and subsequently forwarded to the relevant City department for an official reply.

A copy of correspondence addressed to Councillors will be made available to that Councillor, and a copy of the response will also be provided for the Councillor’s review.

6.5 Invitations and Calendars

Councillors will be provided with timely information about invitations to events. The Mayor and Councillor Support Unit will facilitate the attendance of Councillors in accordance with the following:

• Invitations addressed to the Mayor will be sent to the Mayor for acceptance or delegation at his or her discretion to the Deputy Mayor, and if the Deputy Mayor is not available, to another Councillor. Where the Mayor wishes to delegate an invitation, the Mayor and Councillor Support Unit will confirm if the person, group or organisation issuing the invitation will accept a suitable delegate in the Mayor’s place.

• Invitations sent to a Councillor will be sent to that Councillor. Where that Councillor cannot attend, the Mayor and Councillor Support Unit will confirm if the person, group or organisation issuing the invitation will accept a suitable delegate in the Councillor’s place, in which case the invitation will be first offered to Councillors from the same ward, and if no ward Councillor can attend, to the other Councillors, for acceptance on the basis of the first Councillor to respond.

7. FACILITIES & EQUIPMENT

7.1 Council Executive Suite (Lounge) and Meeting Rooms

A Councillor’s Executive Suite will be available in City Hall. The Councillor’s Executive Suite includes a work area, where office furniture, telephone facilities and computer access is provided. Reasonable printing and photocopying facilities including consumables will also be provided.

7.2 Refreshments

Councillors will be provided with refreshments, excluding alcohol, for the use of Councillors and their official guests in the Councillor Lounge.

Councillors will be provided with a meal, excluding alcohol, prior to any Council meetings and Council briefings that are expected to take place between 12:00pm-2:00pm and/or 5:00pm to 7:00pm.

All Council facilities are ‘alcohol-free’ unless authorised by the CEO for official civic functions.

7.3 Meeting Rooms

Meetings rooms are available at City Hall for use by Councillors (subject to availability) for meetings which are a part of a Councillor’s Official Council Duties.

7.4 Equipment - Electronic Office

The City’s Information Technology Department is responsible for management of the City’ information technology system (IT System) that uses antivirus software, scanning software and other security resources to protect the City’s information and infrastructure.

Councillors using City Issued equipment and networks are required to comply with the City’s Email, Internet and Social Media Policy to ensure that equipment and facilities align with legitimate activities associated with the duties of being a Councillor. This policy also addresses monitoring of electronic communications and the use of social networking sites.

Personal mobile and telecommunications equipment is unable to be supported by the City’s IT System, so expenses relating to the purchase of personal mobile and telecommunications equipment cannot be reimbursed to Councillors.

Councillors will be provided with standard mobile and telecommunications equipment. Consumables for these devices will be supplied to Councillors as set out in this policy. All electronic office equipment supplied to Councillors will be compatible and consistent with that which already exists within the City. Use of software by Councillors must be in accordance with any software licence agreements between the City and any service provider, and Councillors will be informed of any conditions of use of the City’s software.

All Council supplied telecommunications services such as data allowances or mobile phones must reside on the City’s main consolidated telephone and internet account.

7.5 Equipment - Mobile Communications Equipment

Council will supply the following standard Council supported equipment:

• Mobile telephone – smart phone with mobile data access including blue-tooth device for vehicle if required; and

• portable computer.

All equipment remains the property of the Council and must be returned immediately when a Councillor’s term ceases.

7.6 Data and telephone network access

Councillors will be provided with mobile data and telephone network access with the City’s current contracted provider.

7.7 Insufficient mobile connectivity

Where Council’s standard mobile or telephone network has insufficient connectivity to be effectively used at a Councillor’s home, the Council will fund the installation and ongoing service charges of the necessary telephone line and associated equipment including, where necessary, power supply, at the Councillor’s home. Installed equipment will remain at all times at the residence of the Councillor, or such other agreed designated location, during the term of office.

The Council will cease to pay any ongoing service charges for any installed equipment at the end of a Councillor’s term. The cost of removing any equipment installed at a Councillors home will be borne by Council, unless otherwise agreed.

7.8 Data and telephone network access charges

Details of charges for telephone and internet broadband services will be provided monthly for each Councillor’s review.

Within 28 days of receiving the details of telephone and internet charges, Councillors must:

• identify any costs incurred which do not relate to a Councillor’s Official Council Duties; and

• reimburse the costs of non-Council use of telephone landlines, mobile phone charges and internet services within a further 28 days.

All operational costs together with the cost of accessories will be treated as an expense attributable to the individual Councillor and published on Council’s website as provided for in this policy.

7.9 Data and telephone network access while overseas

If a Councillor is travelling overseas, the Councillor will be provided with appropriate data and mobile telephone network access, where possible. If it is not possible to provide a Councillor with appropriate data and mobile telephone network access, use of the mobile telephone, tablet computer or laptop computer by a Councillor while travelling overseas must be approved in writing by the CEO.

7.10 Stationery

Upon request, Councillors will be provided with standard stationery required to enable a Councillor to carry out his or her civic duties. The stationery will be obtained through Council’s contracted providers, and may include ordinary home office supplies such as:

• pens and markers;

• plain A4 paper;

• diary or planner;

• writing pad / books;

• envelopes; and

• standard computer consumables and the like.

Councillors will be provided with standard business cards issued in the current corporate branding of the City.

Councillors will be provided with a name badge issued in the current corporate branding of the City for use while undertaking Official Council Duties.

7.11 Council Vehicles

Council pool vehicles are available for use by Councillors for Official Council Duties by prior arrangement;

• where a private vehicle is not available; and/or

• where public transport is not a viable travel option.

Bookings of Council vehicles are to be made through the Mayor and Councillor Support Unit and the following minimum notice is requested:

• 24 hours for day use;

• 48 hours’ notice for overnight use; and

• 5 working days for periods of more than two days.

The City will use its best endeavours to ensure a vehicle is available where a Councillor provides the minimum notice requested.

Where the minimum notice requested is not provided by a Councillor, the City cannot guarantee that a vehicle will be available.

7.12 Public transport travel within Victoria

A Councillor may be provided with a Myki to be used by Councillors in undertaking their Official Council Duties. A request for a Myki can be made to the Mayor and Councillor Support Unit.

8. COUNCILLOR WELFARE AND SUPPORT

8.1 Councillor Welfare

Councillors may approach the CEO with regard to any particular guidance, counseling or coaching that may be required to enhance their performance as a Councillor.

Councillor’s experiencing difficulties with performing their role as a Councillor, or personal difficulties that may impact on their performance as a Councillor are able to seek counseling on a confidential basis through the Council’s Employee Assistance Program.

8.2. Disability Support

Any Councillor with a disability will be provided with the reasonable additional facilities, equipment and support required as a result of that disability to enable the Councillor to undertake their civic duties as a Councillor.

9. INSURANCE & LEGAL COSTS

9.1 Insurance and WorkCover

Councillors are covered by the following Council Insurance Policies, while discharging the duties of civic office, on a 24 hour basis, including attendance at meetings of external bodies as Council’s representative:

• Personal Accident Insurance;

• Public Liability Insurance;

• Professional Indemnity Insurance;

• Councillors and Officers Liability Insurance;

• Travel Insurance; and

• WorkCover (as a deemed employee).

Council will pay the insurance policy excess in respect of any claim made against a Councillor arising from Council business where any claim is accepted by Council’s Insurers, whether defended or not.

9.2. Legal costs

Other than by specific Council resolution or in accordance with a Council policy, any legal expenses incurred by a Councillor shall be the responsibility of that Councillor.

10. QUALITY RECORDS

Quality Records shall be retained for at least the period shown below.

11. ATTACHMENTS

• Email, Internet and Social Media Policy

• Councillor and Staff Interaction Protocol

12. New Special Committee of Council

Purpose

To create a new special Committee of Council, to be known as the Community Focus Committee.

Background

The Local Government Act (Vic) 1989 (the Act) empowers councils to establish special committees of the Council and delegate certain powers, duties and functions to the special committee.

There is need for the Council to hear feedback from the community on issues it is asked to consider before it makes a decision, to enable the Council to consider and deliberate on that feedback in making a decision.

Key Issues

• To support better governance practice, it is proposed that Council implement a new meeting framework to include a special Committee of Council, known as the Community Focus Committee, which meets each month, save for January, two weeks prior to a Council meeting. The first committee meeting is proposed to take place in February 2018.

• At the Community Focus Committee meeting, Council will consider matters within the Community Focus Committee Terms of Reference (see Attachment 2), and the community can attend and submit information or raise questions about issues on the agenda, or raise general issues or questions related to the Council.

• The Community Focus Committee will be empowered to make decisions on Council business in line with the Terms of Reference in Attachment 2. Where the Committee requires additional time to consider information provided to it in relation to Council business on the agenda, particularly if matters not previously identified are raised by the public in question and submission time, it may defer the decision on an item of Council business to the next ordinary Council meeting.

• The proposed meeting process is intended to:

• Provide the public with an opportunity to ask questions and submit information to Council before a decision is made;

• Provide the opportunity for Council to make a decision at the Committee meeting, but also to defer a decision to a future Council or Committee meeting in order to ensure that it has all of the relevant information before making a decision.

• To support the participation of the community in the Council decision making process, a new Public Question and Submission Time policy was adopted by Council on 2 August 2017. The policy provides for question and submission time at Council Committee meetings where the public can ask questions and make submissions about Council actions and decisions and to obtain timely responses and information. Through the adoption of the new policy, the procedures and guidelines for question and submission time have been enhanced to better assist the public to have input into, and Council to deliberate on, the issues raised before the Council prior to making a decision. This policy forms part of the proposed new Meeting Procedures Local Law 2017.

K Alexander moved, P Dorling seconded -

That Council:

1. creates the new special Committee of Council, known as the Community Focus Committee;

2. adopt the Terms of Reference for the Community Focus Committee as detailed in Appendix 1;

3. signs and seals the Instrument of Delegation for the Community Focus Committee set out in Appendix 2;

4. approves the proposed meeting schedule for the Community Focus Committee for 2018 set out in Appendix 3.

Carried.

Attachment 1

Financial Implications

The implementation of appropriate Council committees ensures that Council’s resources are governed efficiently and effectively.

Stakeholder Consultation and Communication

The Community Focus Committee will create a further opportunity for the Council to hear from the community on matters that come before it for decision which are of significant to all or part of the community.

There is no requirement to consult in relation to the establishment of the Community Focus Committee.

Policy/Legal/Statutory Implications

Where there is a legislative requirement to establish a committee, these have been maintained. Special Committees of Council continue to operate in accordance with their delegations and requirements of the Local Government Act 1989. The Community Focus Committee meetings will be governed by the Meeting Procedures Local Law.

Alignment to City Plan

The Community Focus Committee will facilitate Council business in line with the City Plan.

Conflict of Interest

No officer involved in the preparation of this report had a direct or indirect interest.

Risk Assessment

There are no significant risks in implementing the new Committee, but rather the Community Focus Committee will contribute to improving the governance of the municipality by creating opportunity for further community engagement.

Environmental Implications

There are no direct environmental implications of the creation or operation of the Community Focus Committee.

Social Considerations

The Community Focus Committee will create a further opportunity for the Council to hear from the community on matters that come before it for decision which are of significant to all or part of the community.

Appendix 1

1. SUMMARY

This Committee is formed pursuant to section 86(3) of the Local Government Act (Vic) 1989.

2. OBJECTIVES

The purpose of the Committee is to enable Council to consider Council business and to hear from the community in relation to matters which come before it for decision.

3. DEFINITIONS

Act means the Local Government Act (Vic) 1989. Committee means the Community Focus Committee. Council means the Greater Geelong City Council.

Council Business Day means a day on which the Council is open for business, excluding public holidays and weekends.

Councillor means a person who holds the office of member of Council.

Mayor means any person elected as Mayor or acting in the capacity of Mayor.

4. TERMS OF REFERENCE

4.1 Term of the Committee

The Committee will continue unless otherwise resolved by Council.

4.2 Membership of the Committee

The Committee shall be constituted by the incumbent Mayor and all Councillors of the Greater Geelong City Council.

4.3 Quorum

The quorum of the Committee shall be a majority of its members.

4.4 Authority of the Committee

4.5 When a decision must be referred to next ordinary Council

A decision made by the Committee in the exercise of a delegated power, duty or function does not take effect and must be referred to the next ordinary meeting of Council where that decision:

1. is made on the casting of a second vote by the Chair; or

2. is made on an affirmative vote of less than six members of the Committee.

4.6 Council Policies to be complied with

The powers of the Committee are to be exercised in accordance with the guidelines or policies which Council from time to time adopts, including the Meeting Procedures Local Law.

4.7 Meeting Procedure

The Committee will meet on the second Tuesday of every month, excluding January.

4.8 Reporting Requirements

Minutes will be published in accordance with the Meeting Procedures Local Law 2013 or otherwise adopted by the Council from time to time.

4.9 Facilities & Resources

The Committee shall meet at City Hall, 30 Gheringhap Street, Geelong unless otherwise agreed. If the Committee meeting is to be held at an alternate venue, at least seven (7) days notice must be given by publishing the alternate meeting venue on the www.geelongaustralia.com.au website.

5. QUALITY RECORDS

Quality Records shall be retained for at least the period shown below.

6. ATTACHMENTS

• Nil

Appendix 2

Greater Geelong City Council Instrument of Delegation Community Focus Committee

Pursuant to section 86(3) of the Local Government Act 1989 (the Act), Greater Geelong City Council (the Council) delegates to the special committee established by resolution of Council and known as the COMMUNITY FOCUS Committee (the Committee), the functions, duties and powers of the Council pursuant to the Act and any other Act and declares that:

1. This Instrument of Delegation is authorised by a resolution of Council passed on 20 September 2017.

2. This delegation:

   2.1. comes into force immediately the common seal of Council is affixed to this Instrument of Delegation;

   2.2 remains in force until Council resolves to revoke it; and

   2.3 is to be exercised in accordance with the guidelines or policies which Council from time to time adopts.

3. The authority of the Committee is set out in the Terms of Reference.

Appendix 3

Proposed Committee Meeting Schedule 2018

13. Committee Representation

Purpose

To review and rationalise Council committees and to establish a framework for determining membership of those committees.

Background

At the Ordinary Council meeting of 15 March 2016, Council resolved to “...review the committee structure prior to the 2016 General Elections”.

Council values the opportunity to have representation on external organisations where there is a significant strategic value and is committed to regular and open communication with the broader community.

Key Issues

• Councillor representation on committees has continued to grow since amalgamation, in 2016 Councillors were appointed to 60 Committees, being 24 internal advisory groups, 29 external organisations and bodies as well as seven Special Committees of Council.

• To align with best practice governance principles, representation on Council committees must align with the municipality’s strategic objectives and reflect the appropriate allocation of Council resources. In addition, committee members must be cognisant of any potential or actual conflict of interest arising from their participation in a committee, particularly for Councillors hearing matters referred to Council from various committees.

• Council currently has Committees and memberships on external committees or boards as identified in Appendix 1.

• Community groups often seek Councillor membership on their boards or committees, however, when a matter related to or referred from that committee comes before Council for a decision, the Councillor who is a committee or board member may be disqualified from participating in deliberations and decisions on those matters because of their membership of the committee or board.

• In conjunction with the committee review, a framework has been created to assist with determining membership of Council Committees. The framework strengthens the governance of the Council through a focus on achieving diversity and inclusion amongst the committee’s membership, and a skills-based membership. The framework is described in the Council Committee Representation Policy in Appendix 2.

• Concurrently with this report, Council is being asked to consider a recommendation to establish a CEO Employment Matters Committee.

L Gardner moved, P Dorling seconded -

That Council

1. notes the Committee representation as set out in Appendix 1;

2. adopts the Committee Representation Policy in Appendix 2;

3. acknowledges and thanks the various committee members for their achievements and ongoing contribution to the community.

Carried.

Attachment 1

Financial Implications

The rationalisation of committees ensures that Council’s resources are managed efficiently and effectively.

Stakeholder Consultation and Communication

Council representatives, Managers and the Executive have been consulted in the preparation of this report. Outcomes from this report will be communicated to all committees by the relevant Division.

Policy/Legal/Statutory Implications

Where there is a legislative requirement to establish a committee, these have been maintained. Special Committees of Council continue to operate in accordance with their delegations and requirements of the Local Government Act 1989.

Alignment to City Plan

Committee appointments should be made to best support the implementation of City Plan.

Conflict of Interest

No officer involved in the preparation of this report had a direct or indirect interest.

Risk Assessment

Councillors and officers are required to consider the risks and regulatory requirements of any appointment to a Council Committee, particularly in respect to:

• Directors and Officers Liability Insurance;

• Conflicts of Interest;

• Confidentiality of Information; and

• Adherence to the required governance proceedings.

Environmental Implications

Nominations to a number of organisations provide a link to the community to enhance the management of the region’s environment.

Social Considerations

Committee representation provides an opportunity to identify and respond to the social needs of the community.

Appendix 1

Internal Committees

External Committees

* proposed committees

Appendix – 2

COUNCIL POLICY

1. PURPOSE

To establish a framework for determining membership of Council committees.

2. SCOPE

To provide a framework for determining membership of Council’s committees, including:

1. Special Committees;

2. Advisory Committees;

3. Operational Committees;

4. External Committees;

5. Statutory Committees; and

6. Working Groups, (Council Committees).

3. REFERENCES

• Local Government Act 1989 (the Act)

• City of Greater Geelong Act 1993;

• City of Greater Geelong Amendment Act 2017;

• Councillor Code of Conduct;

• Staff Code of Conduct.

4. DEFINITIONS

Act means the Local Government Act (Vic) 1989.

Advisory Committee means any committee established by Council other than a special committee that provides advice to:

1. the Council; or

2. a Special Committee; or

3. a Council Officer who has been delegated a power, duty or function of the Council under section 98 of the Act.

Chairperson means the Chairperson of a Council Committee and includes acting, temporary, or substitute Chairperson.

City means the administration of the Greater Geelong City Council, lead by the Chief Executive Officer.

Council means the Greater Geelong City Council.

Councillor means a person who holds the office of member of Council

Council Officer means a person employed by the Chief Executive Officer.

External Committee means a body on which a Council representative is entitled to be appointed to a non-remunerated position, whether that is a committee or a board of an organisation.

External Representatives means representatives from community, business, special interests groups and key stakeholders.

Mayor means any person elected as Mayor or acting in the capacity of Mayor.

Operational Committee means a committee which supports the operational performance of the City, including liaising with community representatives, to provide advice to:

Statutory Committee means any committee that is required to be convened under any legislation, including subordinate legislation.

Special Committee means a committee established by Council pursuant to section 86 of the Act that exercises a power or performs a duty or function of the Council that has been delegated to that committee under any Act.

Working Group means a collection of individuals with particular expertise to come together to achieve a stated objective.

5. COUNCIL POLICY

5.1 Principles

In determining how the Council is best represented through its Council Committee membership, the following need to be considered:

5.1.1 Good governance through Council Committee membership

The membership of any Council Committee not solely comprised of Councillors shall be determined by appointing members with the appropriate skills and experience to carry out the functions of their role as a Council Committee representative, and to achieve a diversity and inclusion amongst the Council Committee membership, including:

• a balance of skills and experience across the membership;

• a range of personal attributes across the membership; and

• equity and accessibility, with a focus on creating opportunities for members from minorities.

5.1.2 Councillors

Councillors should only be appointed to the following committees:

1. Special Committees;

2. Advisory Committees;

3. External Committees, where it is appropriate for a Councillor to represent the Council on that committee; and/or

4. Statutory Committees where it is required by law that a Councillor be appointed.

Councillors shall not be members of any Operational Committees or Working Groups.

5.1.3 Council Officers

Council Officers may be appointed to:

1. Special Committees;

2. Advisory Committees;

3. Statutory Committees;

4. External Committees; or

5. Working Groups.

Council Officer’s shall be appointed to a Council Committee taking into consideration:

6. a Council Officer’s role and responsibilities at the City;

7. a Council Officer’s level of expertise and skills in the area;

8. the level of responsibility within their own organisation of other representatives on External Committees;

9. the level of policy development and decision making involved in the External Committee and the potential impact and influence in relation to Council’s strategic direction or priorities; and

10. the opportunity to influence Council’s profile and reputation.

6. METHOD OF APPOINTMENT

6.1.1 Council to appoint Councillors

The Council may appoint Councillors to the Committees listed in clause 5.1.2 herein.

6.1.2 The Mayor may appoint Councillors

The Mayor may, at his or her discretion:

1. appoint a Councillor of the Council to a non-remunerated position to be the Council’s representative(s) on a body in respect of which the Council is entitled to representation; or

2. appoint a Councillor of the Council to be the Chairperson of a Special Committee of which at least one member of the committee is a Councillor.

The Councillor appointed by the Mayor to be Chairperson of the Special Committee, if was not already a member of that committee, becomes a member of that committee on that appointment.

6.1.3 Chief Executive Officer

The Chief Executive Officer must appoint:

• independent members to any Council Committees; and

• Council Officers to any committees listed in clause 5.1.3 herein.

7. CONSTITUENCY OF COUNCIL COMMITTEES

7.1 Special Committees

Subject to clause 7.1 herein, the terms of reference of a Special Committee will nominate the constituency of the Special Committee which may consist of:

• only Councillors;

• a combination of Councillors, Council Officers and/or External Representatives; or

• only Council Officers.

7.2 Advisory Committee

The terms of reference of an Advisory Committee will nominate the constituency of the committee which may consist of only Councillors; or a combination of Councillors, Council Officers and/or External Representatives.

7.3 Operational Committee

The terms of reference of an Operational Committee will nominate the constituency of the committee which may consist of Council Officers and External Representatives.

7.4 External Committee

The constitution, articles of association or terms of reference or other governing principles will nominate the constituency of the board/committee, including Councillor and/or Council Officer representation.

7.5 Statutory Committee

Legislation from time to time may require the appointment of:

1. only Councillors;

2. a combination of Councillors, Council Officers and/or External Representatives; or

3. only Council Officers.

7.6 Working Group

Working Groups will be convened to manage a project or stated objective and may involve Council Officers and External Representatives.

8. CONFLICT OF INTEREST

The Act describes when Councillors, Council Officers or External Representatives are required to disclose any conflicts of interest when sitting on Council Committees.

8.1 Conflict of Interest – Councillors

Pursuant to Division 1A of the Act, and the Councillor Code of Conduct, Councillors have obligations to disclose any conflict of interest. This applies equally to conflicts of interest Councillors may have as:

• a member of a Council Committee; and

• a member of Council hearing matters referred from a Council Committee of which a Councillor is a member, in which case a Councillor may have conflicting interests which must be declared and which may preclude a Councillor participating in a decision of Council about a matter referred from a Council Committee of which they are a member.

Councillors are required to proactively assess their individual circumstances and are personally responsible for determining if they have a conflict of interest in an honest, timely and transparent manner. Where necessary additional information and advice can be provided by persons authorised by the Chief Executive Officer as well as referral to the Councillor Code of Conduct Policy for details in regards to direct and indirect interest types.

8.2 Conflict of Interest – Council Officers and/or External Representatives

Members of a Council Committee must disclose any conflict of interest. When making the disclosure, the Council Committee member must state the class of interest as well as describing the detailed nature of the interest. This interest either being a direct interest or one of the following six indirect interests:

• close association

• indirect financial interest

• conflicting duty

• applicable gift

• party to a matter

• residential amenity

For more detailed information in respect to conflict of interest types, please refer to www.goodgovernance.org.au/good-conduct/conduct-issues/conflict-of-interest/ guide.

Council Officers are also required to disclose any conflicts of interest pursuant to the Act and in accordance with the terms of the Staff Code of Conduct.

7. QUALITY RECORDS

Quality Records shall be retained for at least the period shown below.

8. ATTACHMENTS

13a. COUNCIL MEETING PROCEDURES LOCAL LAW 2017

Purpose

The purpose of this report is to adopt Council Meeting Procedures Local Law 2017 following a review of submissions by the Submission Review Panel on Friday 15 September and Wednesday 20 September 2017.

Background

At the Special Council Meeting of 2 August 2017 Council endorsed the new Meeting Procedure Local Law and invited submissions to be heard in accordance with section 223 of the Local Government Act, 1989 (the ‘Act’).

Submissions closed September 8, 2017 and two submissions were received and considered by the Submission Review Panel.

Key Issues

• The Act requires Council to adopt a Local Law to govern the orderly conduct of meetings.

• The Council Meeting Procedure Local Law (Appendix 1) has been reviewed to reflect changes to the City of Greater Geelong Amendment Act 2017, including the election of the Mayor and Deputy Mayor and provide greater clarity of processes in relation to Minutes, Motions and Amendments, Notices of Motion, Notices of Rescission, Procedural Motions, Urgent Business and Disagreement With Chairperson’s Ruling.

• The new Meeting Procedure Local Law aligns with best practice across the Victorian Local Government Sector and includes changes to maximise opportunities for the community to be heard on important Council issues, supported by the Council Public Question and Submission Time Policy (Appendix – 2) endorsed on August 2, 2017..

• The procedures for public questions and submission time be mandated by the Local Law and regulated by Council policy to provide Council with the opportunity to consider and revise the process for public question time from time to time.

• A summary of submission and the minutes of the Submission Review Panel are included in Attachment 1.

L Gardner moved, P Dorling seconded -

That Council:

1. having considered the submissions lodged, together with the Minutes of the Submissions Review Panel (Attachment 1) adopt the Council Meeting Procedures Local Law (Appendix - 1);

2. place a notice to this effect in the Victorian Government Gazette; and

3. adopt the Public Question Time and Submission Policy, previously endorsed by Council (Appendix 2).

Carried.

KEY PROPOSED CHANGES TO THE LOCAL LAW

Election of Mayor and Deputy Mayor

The process for election of a Mayor and Deputy Mayor reflects the provisions of the City of Greater Geelong Amendment Act 2017.

Quorum

Provisions relating to assessing and responding to an inability to reach or maintain a Quorum at any Meeting have been included.

Minutes

A more clearly defined process has been incorporated into the Local Law to ensure that the Minutes of each meeting are properly considered and a process is in place to ensure that any proposed amendments to the Minutes are dealt with in a clear, transparent and consistent manner.

Recording of Meetings

The proposed new Local Law states that no one, other than an authorised member of Council Staff, is allowed to video or audio record any Meeting.

Public Question and Submission Time

Public questions and submissions are to be asked and responded to or submitted in accordance with the Council’s Public Question and Submission Time Policy, to be considered concurrently with this proposed new Local Law.

Motions and Amendments

A detailed step-by-step procedure for moving Motions and Amendments has now been included in line with best practice across the sector.

Procedural Motions

A table has been included outlining the processes to be followed in respect of Procedural Motions.

Notices of Motion

The proposed Local Law requires a Meeting Member to submit a Notice of Motion form at least one day before the Agenda is provided to the Members. This will enable the Chief Executive Officer time to consider the proposed Notice of Motion and consider the application of the Local Law in respect of any proposed Notice of Motion.

Notice of Rescission

A clear, transparent and consistent process for moving and considering Motions that a previous Council decision be revoked, rescinded or altered is set out in the proposed new Local Law. Notice of rescission can be given by either a Member of a Meeting or a Member of Council Staff. Provisions are also included to clarify what happens when a Motion seeking rescission of a previous Resolution is lost, and when such a notice of rescission is not required.

Urgent Business

A clear, transparent and consistent process for bringing urgent business before a Meeting has been included in the proposed new Local Law.

For instance, urgent business will now be considered if it relates to a matter that has arisen since distribution of the Agenda, cannot be deferred until the next Meeting without having a negative impact on Council and cannot be addressed through operational service requests. For an item of urgent business to be considered it must be lodged with the Chief Executive Officer by no later than 4.00 pm on the Meeting night.

Disagreement with Chairperson’s Ruling

The updating of this section improves clarity of the process to be followed in the event this occurs.

Public addressing the Meeting

Members of the public must address the Meeting in accordance with the Local Law, not interject, and must take direction from the Chairperson.

Stakeholder Consultation and Communication

Council will invite submissions in accordance with section 223 of the Local Government Act 1989. This aligns with the ‘consult position’ of the IAP2 community participation spectrum supported by Councils’ Community Engagement Policy adopted on 25 July 2017.

Policy/Legal/Statutory Implications

The draft new Council Meeting Procedure Local Law 2017 has been prepared in accordance with the relevant provisions of the Local Government Act 1989; the Victorian Charter of Human Rights and National Competition Policy.

Alignment to City Plan

How We Do Business.

Conflict of Interest

No officer involved in the preparation of this report has a direct or indirect interest.

14. Live Streaming and Publishing Recordings of Council Meetings

Purpose

To consider Live Streaming (webcasting) and publication of recordings of Council meetings.

Background

The recent Ombudsman’s report “Investigation into the transparency of local government decision making” and recommendations from the Greater Geelong’s Citizen’s Jury have highlighted the importance of broadcasting council meetings, to support transparent decision making accessible by the community.

Key Issues

• State, Federal and peak bodies such as The Municipal Association of Victoria (MAV) encourage Council’s to be open and share information with the public.

• A recent benchmarking exercise conducted by Maroondah City Council reported 12 Victorian Council’s were now live streaming their Council meetings. Whilst the numbers watching live-streaming were not significant, a far greater audience were accessing archived minutes.

• A policy governing how Council meetings may be live streamed and recorded and published has been developed (Appendix 1).

• The benefits of recording and publishing Council meetings, include:

• Improved accessibility of meetings for residents and the public at large;

• Greater participation and interaction with Council;

• Improved community engagement for residents regarding new projects and plans;

• Improved transparency in the decision making process;

• A more detailed historical record of Council meetings, complementing formal written minutes.

• It is proposed that live streaming and recording of Council meetings for publication would commence with the swearing in of the incoming Council.

• There is no qualified privilege for Council meetings (unlike State and Federal parliament) so those people attending Council meetings, including Councillors, Council officers and the public, must be conscious of what they say in order to ensure that they are not exposed to legal action for defamation. For this reason, it is important that notice is given to those attending a streamed or recorded Council meeting outlining the potential liability.

• The proposed Council Meeting Procedures Local Law 2017 provides for recording of Council meetings at the discretion of the Chief Executive Officer. The Meeting Procedures Local Law 2017 is being considered concurrently with this report. This policy would sit together with the Local Law to enable live streaming or publication of recordings of Council meetings.

L Gardner moved, P Dorling seconded -

That Council adopts the Live Streaming and Publication of Council Meetings Policy in Appendix 1.

Carried.

Attachment 1

Financial Implications

An allocation for the installation of appropriate recording equipment and IT support for streaming, together with ongoing operating costs, has been made in the 2017/18 Council budget.

The ongoing costs of maintaining live streaming and recording are not anticipated to be significant, and can be facilitated by existing Council officers.

Policy/Legal/Statutory Implications

Adherence has been observed with the relevant sections of the Local Government Act 1989 in regards to Ordinary Meetings and Special Meetings of Council. Privacy Breaches and the use or disclosure of personal information has been observed in accordance with the Privacy and Data Protection Act (Vic) 2014. Development of detailed policies and procedures to diminish the probability of risk and also legal implications will be integrated into the guidelines on the use and management of webcasting / audio recordings.

Stakeholder Consultation and Communication

Appropriate notice will be given to all community members attending a Council meeting that the meeting will be live streamed or recorded for publication. In addition, the Council will undertake an awareness campaign to highlight the availability of live streaming and recordings.

Alignment to City Plan

The adoption of this policy will facilitate the efficient and effective governance of Council business in line with the City Plan.

Conflict of Interest

No officer involved in the preparation of this report had a direct or indirect interest.

Risk Assessment

There are risks to both individuals and Council from live streaming and broadcasting of Council meetings, arising from things such as:

• Defamatory statements;

• Breaches of privacy and disclosure of personal information;

• Infringement of copyright material;

• Publishing offensive material;

• Offensive behaviour on religious or racial grounds.

Strategies to control or mitigate the risks, include:

• Development of detailed policies and procedures outlining how we will manage the use of webcasting / audio recordings;

• Obtaining attendees consent in relation to recording, and having in place procedures where consent is not given;

• Providing appropriate notice on Council’s website, meeting agendas and at Council meetings;

• Having trained and experience staff monitoring and editing content;

• Awareness program and training for all Councillors and staff in relation to the risks associated with live streaming and recording of Council meetings.

Environmental Implications

There are no direct environmental implications in adopting this policy.

Social Considerations

The implementation of this policy supports social inclusion by increasing accessibility to Council decision making. The implementation of live streaming and recording of Council meetings is an important element of transparency in Council decision making.

APPENDIX 1

COUNCIL POLICY

1. PURPOSE

This Policy outlines the requirements associated with the live streaming and publishing recordings of Ordinary and Special Council Meetings via Council’s website. This policy will inform members of the public and Councillors on Council’s processes, the potential benefits and any mitigation action to manage potential risks.

Council is committed to improving accessibility and community participation in Council meetings. It is anticipated that the live streaming of meetings and making recordings available on Council’s website will provide greater flexibility and convenient access for residents, as it will allow the public to watch the meeting in real time via the internet without the need to attend in person.

This gives the community greater access to Council decisions and debate, and eliminates geographic and time barriers which may prevent the public from attending meetings in person.

2. SCOPE

This Policy will apply to all public Ordinary Meetings and Special Meetings conducted by the Greater Geelong City Council (Council). The policy does not extend to any meetings closed to the public in accordance with Section 89(2) of the Local Government Act (Vic) 1989.

3. REFERENCES

• Councillor Code of Conduct

• Staff Code of Conduct

• Meeting Procedures Local Law 2017

• Local Government Act (Vic) 1989

• Privacy and Data Protection Act (Vic) 2014

• Freedom of Information Act (Vic) 1983

• Copyright Act (Cth) 1968

• Defamation Act (Vic) 2005 (or its equivalent)

4. DEFINITIONS

Chairperson means Chair of an Ordinary or Special Council meeting, usually the Mayor

Council means the ‘Greater Geelong City Council’

Council Meetings means Ordinary Meetings and Special Meetings that aren’t Confidential Council Meetings.

Confidential Council Meeting means a Meeting of the Council which has been closed to members of the public under Section 89(2) of the Local Government Act 1989

Defamation means words which convey a meaning (or “imputation”) about a person that lowers the person’s reputation in the eyes of reasonable members of the community, or causes the person to be ridiculed, avoided or despised by members of the general public.

Exceptional Circumstances means circumstances where there is:

• a risk or threat to public health and safety;

• a threat of violence or aggression by one or more people attending the Council Meeting against others;

• unlawful conduct by an attendee of the Council Meeting;

• significant disruption of the Council Meeting by the conduct of an attendee; and/or

• a reputational risk to the Council.

Inappropriate Information means information which amounts to, or could be perceived to amount to:

• Defamation;

• infringement of copyright;

• breach of privacy;

• offensive behaviour including discrimination;

• vilification or inciting hatred;

• confidential or privileged; or

• misleading.

Ordinary Meeting means an Ordinary Meeting of the Council, as defined in Section 83(a) of the Local Government Act 1989

Privacy Breach means unauthorised access to, or collection, use or disclosure of personal information in accordance with the Privacy and Data Protection Act (Vic) 2014.

Special Meeting means a Special Meeting of the Council, as defined in Section 83(b) of the Local Government Act 1989

5. Council Policy

5.1 Meetings to be Recorded and Streamed Live

Council Meetings may be video recorded and streamed live on the Council’s official Facebook page. The recording will then be uploaded to Council’s website.

Council commits to live streaming and recording and publishing all Council Meetings where it is practically possible to do so, including that the required equipment and internet connections are available to enable live streaming and recording and publishing.

The Council must give notice as set out in clause 5.6 of this policy that a Council Meeting will be live streamed and/or recorded.

Confidential Council meetings, or confidential sections of Council Meetings will not be video recorded.

5.2 Councillors, Council officer, public responsible for their own comments

Council Meetings are an open forum of statements, questions and answers. Occasionally, comments could be made which may contain Inappropriate Information.

By streaming and publishing recordings of Council Meetings, the potential audience is significantly increased, which also increases the likelihood and/or impact of Inappropriate Information.

Councillors, Council officers and members of the public are solely responsible for their own comments made during Council Meetings which are recorded or streamed. The comments they make, particularly if they contain Inappropriate Information, could give rise to a cause of action by an aggrieved individual who has suffered loss and damage as a result of those comments, and there is a risk that such cause of action could be prosecuted through the a court of appropriate jurisdiction.

5.3 Liability of the organisation arising from publication

While Councillors, Council officers and members of the public attending a Council Meeting may be held personally liable for any loss or damage suffered by a person arising from the comments they make, the act of publishing such material on Council’s website may also cause the organisation to be liable for any loss and damage suffered by a person because of the published comments.

In recognition of the potential legal risk to Council, the Executive Manager, Governance and Legal Services, may determine in their sole discretion not to upload or publish a recording, or to remove Facebook posts containing a stream of a Council Meeting, if it is reasonably believed it may contain Inappropriate Information or where Exceptional Circumstances are apparent from the recording. The Executive Manager, Governance and Legal Services may also take appropriate steps to respond to any complaint.

5.4 Public attending a Council Meeting may have their image recorded and/or streamed

Council will use its best endeavours to ensure images of people in the public gallery of a Council Meeting are not streamed.

People in the public gallery of a Council Meeting which will be recorded and/or streamed live must be given appropriate notice of the possibility of their image being recorded and/or streamed.

Council expressly provides no assurances to people present in the public gallery of a Council Meeting that their image won’t be recorded or streamed live.

5.5 No reliance on recording or live stream of Council Meeting

The opinions or statements made during the course of the Council meeting are those of the particular individuals, and not necessarily the opinions or statements of Council. The Council does not necessarily endorse or support the views, opinions,

standards or information contained in the live streaming or recording of the Council meetings.

The Council does not accept any responsibility for the comments made or information provided during Council Meetings and does not warrant nor represent that the material or statements made during the streamed Council Meetings are complete, reliable, accurate or free from error. The Council does not accept any responsibility or liability for any loss, damage, cost or expense that a person might incur as a result of the viewing, using or relying on information or statements provided in the live streaming or recording of Council Meetings.

5.6 Notice to the Public

When a Council Meeting is to be recorded and/or streamed live:

• prominent signage informing all attendees of the Council Meeting that the meeting will be recorded and streamed live in the terms set out in Attachment 1 must be provided;

• at the commencement of each Council Meeting to be recorded and/or streamed live, the Chair shall provide a statement to notify the attendees of the Council Meeting that the meeting will be recorded and/or streamed live in the terms set out in Attachment 2;

• notice will also be given in the Council Meeting agenda as set out in Attachment 3; and

• and where the recording is to be published on Council’s website, notice will also be given on Council’s website in the terms set out in Attachment 4;

• a copy of this policy will be referenced in all online notices given under this clause.

The Chief Executive Officer, in his or her discretion, may from time to time update the terms of the notices to be given under this clause without updating this policy.

5.7 Technical Disclaimer

There may be situations where, due to technical difficulties a live stream of the Council Meeting may not be available. All reasonable efforts will be made to ensure that live streaming and the Council’s website are functioning, the Council takes no responsibility for and cannot be held liable for, the live streaming or Council website being temporarily unavailable due to technical issues beyond Council’s control.

Technical issues may include, but are not limited to:

• the availability of the internet connection;

• device failure or malfunction;

• unavailability of social media platforms; and/or

• power outages.

Where live streaming is the subject of a disruption, the City will notify the public on both its social media channels and the Council’s website (if those channels have not been functionally compromised).

5.8 Termination of live streaming in Exceptional Circumstances

The Chair has the discretion and authority at any time to direct the termination or interruption of live streaming of a Council Meeting where:

• there are Exceptional Circumstances; or

• the content of the Council Meeting is considered by the Chair to contain Inappropriate Information.

5.9 Access and Storage of Files

All recordings will be uploaded to the Council website within five business days of the meeting. Following a Council meeting, members of the public will be able to access and watch the recording on Council’s website.

These recordings of the Council Meetings will be published on the Council’s website for a period of up to 12 months and, where the Council Meeting was streamed, on Council’s Facebook page indefinitely, subject to the terms of this policy.

In recognition of the legal and reputational risk to Council, the Executive Manager, Governance and Legal Services, may determine in their sole discretion not to upload or publish a recording, or to remove Facebook posts containing a stream of a Council Meeting, if it is reasonably believed it may contain Inappropriate Information or where Exceptional Circumstances are apparent from the recording.

6. REPORTING

Every quarter, Council must be briefed on the use and access of live streaming or publishing recorded Council meetings.

7. REVIEW

This Policy will be reviewed within six months of a General Election by the Executive Manager, Governance and Legal Services in conjunction with the Chief Executive Officer.

8. QUALITY RECORDS

Quality Records shall be retained for at least the period shown below.

9. ATTACHMENTS

Attachment 1

Public Gallery Notice

The following will be posted in a prominent location at a Council Meeting that which is to be recorded or streamed live:

This public meeting is being streamed live on the internet via Greater Geelong City Council’s Facebook page. The recording will be made available on Council’s website after the meeting. What you say at this meeting may be live streamed or recorded and/or published.

All care will be taken to maintain your privacy, however, as a visitor in the public gallery your presence may be recorded. By remaining in the public gallery it is implied that you give consent to your image and what you say being broadcast and/or recorded.

You are personally responsible for what you say at this meeting. You may be personally liable at law for what you say, including in an action brought by another person for a breach of any relevant law, including for defamation, discrimination, privacy.

A copy of the Council’s Live Streaming and Recording of Council Meetings Policy is available on the Council’s website.

Attachment 2

Meeting Chair's Statement and Agenda Notice

Meeting Chair’s Statement

The following statement is to be read by the Chair at the commencement of each Council Meeting which is to be recorded and/or streamed live:

This public meeting is being streamed live on the internet via Greater Geelong City Council’s Facebook page. The recording will be made available on Council’s website after the meeting. What you say at this meeting may be live streamed or recorded and/or published.

All care will be taken to maintain the privacy of members of the public sitting in the public gallery, however, as a visitor in the public gallery, your presence and what you say may be recorded. By remaining in the public gallery it is implied that you give consent to your image and what you say being broadcast and/or recorded.

Everyone at this meeting is personally responsible for what they say here. You may be personally liable at law for what you say, including in an action brought by another person for a breach of any relevant law, including for defamation, discrimination, privacy.

A copy of the Council’s Live Streaming and Recording of Council Meetings Policy is available on the Council’s website.

Attachment 3

Agenda Notice

The following statement is to be included at the start of the agenda of any Council Meeting which is to be recorded and/or streamed live:

This public meeting is being streamed live on the internet via Greater Geelong City Council’s Facebook page. The recording will be made available on Council’s website after the meeting. What you say at this meeting may be live streamed and/or recorded and published.

All care will be taken to maintain the privacy of members of the public attending this meeting, however, anyone sitting in the public gallery may be recorded. By remaining in the public gallery it is implied that people attending the meeting give their consent to their image and what they say being broadcast and/or recorded.

Members of the public attending this meeting are personally responsible for what they say. Members of the public may be personally liable at law for what they say, including in an action brought by another person for a breach of any relevant law, including for defamation, discrimination, privacy.

A copy of the Council’s Live Streaming and Publishing Recordings of Council Meetings Policy is available on the Council’s website.

Attachment 4

Website Disclaimer

The opinions or statements made during the course of a Council meeting are those of the particular individuals, and not necessarily the opinions or statements of Council. The Council does not necessarily endorse or support the views, opinions, standards or information contained in the live streaming or recording of the Council meetings.

The Council does not accept any responsibility for the comments made or information provided during Council Meetings and does not warrant nor represent that the material or statements made during the streamed Council Meetings are complete, reliable, accurate or free from error. The Council does not accept any responsibility or liability for any loss, damage, cost or expense that a person might incur howsoever arising as a result of or in connection with the viewing, using or relying on information or statements provided in the live streaming or recording of Council Meetings.

A recording Council Meeting may not be available from time to time. Whilst Council will use its best endeavours to ensure the live streaming and website are functioning, the Council takes no responsibility for and cannot be held liable for the temporary unavailability of live streaming or the Council website because of technical issues beyond its control.

Technical issues may include, but are not limited to the availability of the internet connection, device failure or malfunction, unavailability of social media platforms or power outages.

15. Council Policy Review

Purpose

To revoke a number of Council policies and reinstate them as management policies.

Background

The Commission of Inquiry recommended a comprehensive review of all Council policies, systems, processes and operations to ensure they meet contemporary governance standards.

In response to the Commission of Inquiry, and as part of the continuous improvement of the City of Greater Geelong’s governance framework, a review of the current Council policies has been completed. As a result of that review, a number of Council policies have already been updated or revoked, and a number of policies have been identified as being superseded, or operational in which case it is appropriate that they be revoked.

Key Issues

• Policies which govern the municipality, or which are required by law fall within the appropriate oversight of the Council.

• A number of Council policies have been superseded. These policies are listed in Table A of Attachment 1.

• A number of existing Council policies have been identified as operational policies as they seek to guide how the City undertakes its business, rather than governing the municipality. These policies are listed in Table B of Attachment 1.

• To support the Council to focus on good governance of the municipality and the City’s Administration to focus on implementing the objectives of Council through day to day operations, the Council policies listed in Table A and Table B shall be revoked, and those policies listed in Table B only shall be adopted as management policies.

• As part of the improvement of the governance framework and processes at the City’s Administration, a Policy Review Committee will be established to oversee the process of implementing and monitoring both Council and management policies.

L Gardner moved, P Dorling seconded -

That Council revoke the policies listed in Attachment 1, noting that the policies listed in Table B of Attachment 1 will be adopted as management policies.

Carried.

Financial Implications

There are no budget implications in revoking the Council policies and reinstating the policies as management policies.

Stakeholder Consultation and Communication

There are no budget implications in revoking the Council policies and reinstating the policies as management policies.

Policy/Legal/Statutory Implications

The transition of these Council policies to management policies supports the good governance framework of Council.

Alignment to City Plan

The transition of these Council policies to management policies supports the Council and the City to implement the actions of City Plan.

Conflict of Interest

No officer who has been involved in the assessment of the policies or the preparation of this report has a conflict of interest in relation to the recommendation made to Council.

Risk Assessment

As the policies will still have force and effect as management policies, there is no additional risks in the transition of the Council policies to management policies.

Environmental Implications

There are no environmental impacts from the revocation of the Council policies and reinstating the policies as management policies.

Attachment 1

TABLE A

TABLE B

16. Road Naming - Unnamed Laneway East Geelong

Purpose

To seek approval to name an unnamed laneway in East Geelong to “Californian Lane, East Geelong”.

Background

An unnamed laneway exists in East Geelong. Council has been made aware of a property requiring an address to this laneway.

The subject laneway runs east from Kernot Street to Meakin Street and is the back access for properties located on Gurr Street and McKillop Street, East Geelong.

The name has been chosen due to heritage documentation that indicates there is a high number of Californian Bungalows and Edwardian dwellings in this area.

It is the right of every resident and property owner for their property to have a unique address in order to receive services and reduce confusion or delay of emergency services.

Council is responsible as a naming and numbering authority designated under the Local Government Act 1989 and is required to utilise the naming Rules for Places in Victoria 2016 (the Rules).

Key Issues

• A property requires addressing due to access from the unnamed laneway in East Geelong.

• The laneway is also utilised as a rear access for properties.

• This road naming will result in one property requiring re-addressing.

• An advertisement was placed in the Geelong Advertiser newspaper on 15 July 2017.

• The proposed naming was placed on the Council Website for 30 days as per statutory requirement.

• Letters and a survey for response have been sent to all affected and adjoining property owners (69).

• Council has received eighteen survey responses, twelve in favour of the renaming and six against.

• Responses have been sent to all survey submissions advising that the proposed road name selected is “Californian Lane”.

P Dorling moved, L Gardner seconded -

That Council approve the naming of the unnamed laneway in East Geelong to “Californian Lane, East Geelong”.

Carried.

Attachment 1

Discussion

The property to the rear of a McKillop Street address is accessed from the unnamed laneway. This property requires a unique address to this laneway.

The Rules require properties to be numbered to the roadway in which access is obtained.

Research from Residential Heritage documentation has shown that a large portion of dwellings within this vicinity were Californian Bungalows and Edwardian type dwellings.

The proposed name “Californian” meets the criteria of Naming Rules for Places in Victoria 2016 with compliance to Principle C – Linking the name to place.

Naming this unnamed laneway will ensure that the property to the rear of the McKillop Street address has a unique identifiable street address. It will also allow for the laneway to be identified if the need arose for an emergency service.

The proposed naming was advertised in the Geelong Advertiser newspaper on 15 July 2017.

Financial Implications

The approximate cost to Council is $620. This includes advertising, notification to adjoining property owners, notification to authorities and street signage.

Stakeholder Consultation and Communication

Correspondence has been sent to all adjoining and affected property owners advising them of the proposed naming and inviting submissions by return of survey.

The proposal was advertised in the Geelong Advertiser newspaper on 15 July 2017.

The proposal was published on Council’s Geelong Australia website for 30 days as per the Naming Rules for Places in Victoria 2017.

Council has communicated via letter and survey with 69 affected or adjoining property owners. The survey was issued in accordance with the Rules and requested owners to advise if they agreed or disagreed to the renaming. Eighteen of the 69 surveys were returned. Twelve surveys agreed to the naming and six surveys disagreed. The five surveys that disagreed believed the laneway required naming. The names they submitted, namely Little Gurr Lane, Goodall Lane and Federation Lane, are considered duplicate names under the Rules and are unable to be used. The two surveys that disagreed to the naming believed the naming of this laneway was unnecessary. One of these surveys was unsigned.

The residents that returned the surveys have been advised that their submissions have been considered and that “Californian Lane, East Geelong” is the preferred name that will be used for the unnamed laneway.

Subject to Council and the Registrar of Geographic Names approval, the relevant authorities and abutting property owners will be notified of the official registration of this road naming.

Policy/Legal/Statutory Implications

The Local Government Act 1989, the Geographic Place Names Act 1998 and the Naming Rules for Places in Victoria 2016 have been followed.

Alignment to City Plan

This proposal aligns to City Plan with the encouragement of Community Wellbeing.

Conflict of Interest

There is no Council Officer direct or indirect interest involved in this report.

Risk Assessment

If an emergency situation occurred, Council’s proposal to name this laneway could minimise the risk or failure to be able to access a situation in a timely manner.

Environmental Implications

There are no environmental issues arising from this report.

17. Road Renaming - South Western Section Thornhill Road, Highton

Purpose

To seek approval to rename the south western section of “Thornhill Road, Highton” to Basin Rise, Highton.

Background

Confusion currently exists in this location where properties are accessed off Thornhill Road, Highton. The south western section of Thornhill Road which runs at a right angle from Pigdons Bridge is proposed to be renamed (Attachment 2).

Council is responsible as a naming and numbering authority designated under the Local Government Act 1989 and is required to utilise the Naming Rules for Places in Victoria 2016 (the Rules).

The Rules state in Section 3.2.2 that a road name must not be applied in an ambiguous or confusing way for road users.

There is a proposed subdivisional development to occur at Barwon Water’s Highton Reservoirs which are located at the end of this section of roadway. This section of roadway will flow into the new larger development, which could potentially cause further confusion.

Key Issues

• Barwon Water have a proposed subdivisional development at the Highton Reservoirs land.

• Barwon Water have advised Council there is confusion in locating properties in this section of roadway.

• This road renaming will result in 16 properties requiring re-addressing.

• Letters and a survey for response have been sent to all affected and adjoining property owners and residents (39).

• An advertisement was placed in the Geelong Advertiser newspaper on 15 July 2017.

• The proposed renaming was placed on the Council Website for 30 days as per statutory requirement.

• Thirteen surveys have replied with 12 in favour of the renaming and one against.

• Responses have been sent to all survey submissions advising that “Basin Rise” has been selected as the preferred name.

P Dorling moved, L Gardner seconded -

That Council approve the renaming of the south western section of Thornhill Road, to “Basin Rise, Highton”.

Carried.

Attachment 1

Discussion

It is proposed to rename the south western section of Thornhill Road, Highton which runs at a right angle from the Pigdon’s Bridge and Thornhill Road intersection (Attachment 2).

There is a proposed residential subdivisional development to occur at the end of this roadway on the Highton Reservoir land. This residential development could potentially cause further confusion in identifying properties in this section of Thornhill Road.

The Rules state in Section 3.2.2 that a road name must not be applied in an ambiguous or confusing way for road users.

Renaming this section of roadway will alleviate any potential confusion and ensure all properties have a unique identifiable street address. The name “Basin” has been chosen for this roadway due to the historic Water Reservoirs which exist at the end of the current Thornhill Road. The identifier of “Rise” has been chosen as this signifies a roadway going to a higher place or position.

The proposed renaming was advertised in the Geelong Advertiser newspaper on 15 July 2017.

Council has communicated via letter and survey with 39 affected or adjoining property owners. The survey was issued in accordance with the Rules and requested owners to advise if they agreed or disagreed to the renaming. Thirteen of the 39 surveys were returned. Twelve surveys agreed to the renaming and one survey disagreed with a dislike to the proposed name and did not supply an alternative.

Financial Implications

The approximate cost to Council is $560. This includes advertising, notification to adjoining property owners, notification to authorities and street signage.

Stakeholder Consultation and Communication

Correspondence has been sent to all adjoining and affected property owners advising them of the proposed renaming and inviting submissions by return of survey.

The proposal was advertised in the Geelong Advertiser newspaper on 15 July 2017.

The proposal was published on Council’s Geelong Australia website for 30 days as per the Naming Rules for Places in Victoria 2017.

Thirteen surveys have been returned. Twelve in favour of the renaming and one against the proposed name. The survey that disagreed did not like the name “Basin” and believed that this referred to bread rising, though no alternative name was supplied.

All survey submissions have been considered and replied to in accordance with the Rules.

Subject to Council and the Registrar of Geographic Names approval, the relevant authorities and abutting property owners will be notified of the official registration of this road renaming.

Policy/Legal/Statutory Implications

The Local Government Act 1989, the Geographic Place Names Act 1998 and the Naming Rules for Places in Victoria 2016 have been followed.

Alignment to City Plan

This proposal aligns to City Plan with the encouragement of Community Wellbeing.

Conflict of Interest

There is no Council Officer direct or indirect interest involved in this report.

Risk Assessment

If an emergency situation occurred, Council’s proposal to rename this section of roadway could minimise the risk or failure to be able to access a situation in a timely manner.

Environmental Implications

There are no environmental issues arising from this report.

Attachment 2

18. Road Renaming - W Boulevard, Armstrong Creek

Purpose

To seek aproval to rename W Boulevard, Armstrong Creek to “Warralily Boulevard, Armstrong Creek”.

Background

Subdivisional developments occurred in Armstrong Creek from Barwon Heads Road to Torquay Road. Simultaneous stages were commenced at different locations causing the proposed roadway to be un-navigable from Barwon Heads Road to Torquay Road. As the roadway was constructed in sections, each section had to have a unique name. The first stage of the development which resulted in a roadway being named Warralily Boulevard began in 2011. The section from Horseshoe Bend Road to Torquay Road, began in 2014, was named W Boulevard with the intention of renaming the roadway when it became navigable from Barwon Heads Road to Torquay Road (Attachment 2).

Potential property owners were made aware that when the roadway became navigable, W Boulevard would become Warralily Boulevard through a road renaming process. This information was included within the Contract of Sale documentation.

Warralily Boulevard is now navigable from Barwon Heads Road to Torquay Road, Armstrong Creek and therefore W Boulevard is required to be renamed.

Council is responsible as a naming and numbering authority designated under the Local Government Act 1989 and is required to utilise the naming Rules for Places in Victoria 2017 (the Rules).

The Rules state in Section 3.2.2 that if a proposed road is being constructed in multiple stages as part of a multi lot subdivision the proposed roads should have unique names aplied. When the middle section of road is constructed renaming of the two unique roads should take place to recognise the full extent of the road.

Key Issues

• The developer agreed that W Boulevard would be named as an interim road name with intention to rename to Warralily Boulevard when the roadways intersected.

• This road renaming will result in 71 properties requiring re-addressing.

• Letters have been sent to all affected and adjoining property owners (71) including a survey for response.

• 21 surveys were responded to in favour of the renaming.

• Responses have been sent to all survey submissions advising that Warralily Boulevard has been selected for the road rename.

• Advertisement was placed in the Geelong Advertiser newspaper on 15 July 2017.

• Proposal was placed on the Council Website for 30 days as per statutory requirement.

• Three online submissions in favour were received.

P Dorling moved, L Gardner seconded -

That Council aprove the renaming of W Boulevard to “Warralily Boulevard, Armstrong Creek”.

Carried.

Attachment 1

Discussion

It is proposed to rename W Boulevard, Armstrong Creek to Warralily Boulevard, Armstrong Creek and register the new road name with the Office of Geographic Place Names.

At the time of subdivisional development W Boulevard was dissected from Warralily Boulevard and was required to have a unique road name aplied.

The Rules state in Section 3.2.2 that if a proposed road is being constructed in multiple stages as part of a multi lot subdivision the proposed roads should have unique names aplied. When the middle section of road is constructed renaming of the two unique roads should take place to recognise the full extent of the road.

W Boulevard was chosen as a temporary road name for this section of roadway. Developers advised potential purchasers of properties, via the Contract of Sale, that W Boulevard would be renamed to Warralily Boulevard when both roads intersected. Council has been advised that these roadways have now become navigable and therefore a road renaming process has commenced.

The proposed renaming was advertised in the Geelong Advertiser newspaper on 15 July 2017.

Financial Implications

The aproximate cost to Council is $2,000. This includes advertising, notification to adjoining property owners, notification to authorities and street signage.

The developers were advised that there would be a cost to them to renumber the roadway and this was agreed to. The developers have been sent an account for $5,680 (71 x $80).

Stakeholder Consultation and Communication

Council has communicated via letter and survey with 71 affected property owners. The survey was issued in accordance with the Rules and requested owners to advise if they agreed or disagreed with the renaming. 21 surveys in favour have been returned to Council. Three online submissions in favour were also received.

The proposal was advertised in the Geelong Advertiser newspaper on 15 July 2017. No submissions has been received from the advertisement of the proposal.

The proposal was published on Council’s Geelong Australia website for 30 days as per the Naming Rules for Places in Victoria 2017.

Subject to Council and the Registrar of Geographic Names aproval, the relevant authorities and abutting property owners will be notified of the official registration of this road renaming.

Policy/Legal/Statutory Implications

The Local Government Act 1989, the Geographic Place Names Act 1998 and the Naming Rules for Places in Victoria 2017 have been followed.

Alignment to City Plan

This proposal aligns to City Plan with the encouragement of Community Wellbeing.

Conflict of Interest

There is no Council Officer direct or indirect interest involved in this report.

Risk Assessment

If an emergency situation occurred, Council’s proposal to rename this section of roadway could minimise the risk or failure to be able to access a situation in a timely manner.

Environmental Implications

There are no environmental issues arising from this report.

19. Thompson Road, Furner Avenue, Bell Park - Proposed Footpath Construction - SRC 352 - Intention to Declare

Purpose

This report seeks a resolution by Council to consider an intention to declare a Special Charge Scheme to partially fund the construction of a footpath along Thompson Road and Furner Avenue, Bell Park (See plan – Attachment 5).

Background

Council’s footpath network strategy identifies the footpath construction priorities of which Thompson Road and Furner Avenue, Bell Park is listed. It is considered that the proposed new footpath completes a key pedestrian link between Norlane and Bell Park residential and commercial areas. The new footpath will provide safer pedestrian access for all users.

Thompson Road and Furner Avenue carry in excess of 14,000 vehicles per day (both directions). Thompson Road is managed by Vic Roads as an arterial road and Furner Avenue is a major road under Council management. The planned footpath will better satisfy the design parameters of the Planning Scheme and Infrastructure Design Manual for footpath provision for main and arterial roads.

Key Issues

• It is proposed to construct 1 kilometre of 1.5 metre wide footpath to provide for pedestrian access along the west side of Thompson Road and Furner Avenue, Bell Park.

• There are twenty one (21) properties abutting the proposed footpath that will receive special benefit. There are two (2) Council owned properties in the scheme.

• The total estimated project cost is $317,823. Additional works estimated at $34,106 will be funded by Council to improve existing infrastructure.

• A Benefit Ratio of 0.28 has been calculated in accordance with Section 163 of the Local Government Act, which equates to a Council contribution to the scheme of $204,276 and property owner contribution of $79,441.

• Council’s contribution reflects the large pedestrian catchments to the North and along South that will use these pedestrian links. Worn paths along the nature strips indicate high usage.

• Property owners are considered to receive benefit from the works by way of improved pedestrian access and general amenity including pedestrian safety improvements.

• The scheme has been prepared in accordance with the Special Rate and Charges provisions of the Local Government Act 1989 along with the 2004 Ministerial Guidelines and Council’s Special Rates and Charges Policy.

P Dorling moved, L Gardner seconded -

That Council:

1. Gives notice of its intention to declare a Special Charge Scheme in accordance with Section 163 (1A) of the Local Government Act 1989 (The Act), as follows:

1. The Special Charge is declared for a period of five (5) years commencing upon completion of the works.

2. The Special Charge be declared for the purpose of defraying any expenses incurred by Council in relation to the construction of the footpath on Thompson Road and Furner Avenue, Bell Park. Council considers the project:

1. Will provide proper pedestrian access, improved pedestrian safety and enhancement to the general amenity for each of the properties included in the scheme;

2. Will provide a special benefit to those persons required to pay the special charge (and who are described in succeeding parts of this Resolution); and

3. Arises out of Council’s function of planning for and providing infrastructure for property owners.

3. The total cost of project, be recorded as $317,823 (Schedule A).

4. It be recorded that, for the purposes of Section 163 (2A) of the Act, the special charge proceeds will not exceed the amount calculated in accordance with the prescribed formula (R x C = S), the:

1. ‘benefit ratio’ (R) being calculated at 0.28 represents the special benefits to all persons liable to pay the special charge (Schedule B);

2. ‘total cost’ (C) of performing the function described in part 1 (b) of this resolution based on estimated cost be recorded as $283,717; and

3. ‘Maximum levy’ (S) be recorded as $79,440.76.

5. the following be specified as the area for which the special rate is so declared:

1. The area within municipal district of Council highlighted in the plan attached to this Resolution (Attachment 5).

6. the following be specified as the land in relation to which the special charge so declared:

1. Land within the area shown on the plan.

7. the following be specified as the criteria which form the basis of the special charge so declared:

1. Ownership of any land described in Part 1(e) of this Resolution.

8. the following be specified as the manner in which the special charge so declared will be assessed and levied:

1. Each lot receives a primary access and amenity benefit;

2. The maximum levy is divided on an access and frontage share basis;

3. The special charge will be levied by sending a notice to the person who is liable to pay, pursuant to section 163(4) of the Act.

9. having regard to the preceding parts of this Resolution but subject to Section 166 (1) of the Act, it be recorded that;

1. the owners of the land described in column 2 and 3 of Schedule C to the resolution are estimated liable for the respective amounts set out in column 7 of Schedule C; and

2. such owners may, subject to any further resolution of Council pay the special charge in the following manner;

1. the charge will become due and payable within one month of the issue of the notice requesting payment pursuant to Section 167 (3) of the Act;

2. interest will not be charged for six months after the issue of the notice provided the person liable makes timely payment in accordance with any repayment arrangements that may be agreed on by Council; and

3. in accordance with Section 172 of the Act, the interest rate payable on the special charge which has not been paid by the specific date is set at Council’s overdraft rate, reviewed every three months (provided that it shall not exceed the rate fixed by the Governor in Council by Order for the purposes of Section 172 (2A) in which case the rate of interest shall be the maximum rate fixed by the Governor in Council by Order for the purposes of this section).

2. Consider any submissions made under Section 223 of the Act and the proposed declaration via Council’s Submissions Review Panel, and then by Council at a subsequent meeting, at which time Council will consider to make declaration in the form proposed.

3. Authorise the Chief Executive Officer to give public notice of the proposed declaration in accordance with sections 163 (1A) and (1B) of the Act and send a copy of the public notice to each person who is liable to pay the special charge in accordance with Section 163 (1C) of the Act.

Carried.

Attachment 1

Discussion

Council’s footpath network strategy identifies the footpath construction priorities of which the Thompson Road and Furner Avenue, Bell Park is listed as a high priority for construction. It is considered that the proposed new footpath will provide the missing pedestrian link between the Morgan Street rail underpass in Norlane and the Bell Park industrial and residential areas including Bell Park Primary School.

Council Officers have developed a Special Charge Scheme proposal including a cost estimate, Benefit Ratio calculation and cost aportionment spreadsheet. The estimated charges, along with more detailed information on the scheme, were shown to all potentially affected property owners who were asked to respond to the proposal via survey.

The survey results had six (6) property owners respond representing a 29% response rate with two (2) in favour and four (4) oposed to the scheme proposal. Of those oposing the scheme, concerns raised included:

• We are a warehouse distributor without need for foot traffic.

• Footpaths not warranted in this industrial area.

• A footpath will not add value or be of benefit to these properties.

Financial Implications

The project is a one off capital cost and there will be minimal ongoing maintenance costs. If aproved, the scheme could proceed this financial year under the core footpath program C02303 – 2017/2018. Financial details are as follows:

From the table above, the net cost to Council for this project is estimated to be $238,382

Stakeholder Consultation and Communication

Consultation carried out as follows:

• May – June 2017 - Information pack to affected property owners that included an initiation letter, a plan showing the location of works, a Special Rates and Charge Scheme brochure, a detailed cost aportionment spreadsheet and informal survey form. Six responses received.

Further correspondence to the affected property owners will be sent should Council resolve to make its intention to declare the Special Charge.

Policy/Legal/Statutory Implications

The scheme has been prepared in accordance with the Special Rate and Charge provisions of the Local Government Act 1989 along with the 2004 ministerial guidelines and Council’s Special Rates and Charges Policy and Community Engagement Guidelines.

Alignment to City Plan

This report aligns with the City Plan as follows: Sustainably Built and Natural Environment

• Suport our Community to live sustainably – Encourage increased use of alternatives to car transport and seek efficient traffic movement throughout the municipality.

• Advocate for and promote sustainable design and development – Promoting sustainable design and retrofitting.

• Acknowledge the community’s desire to have their say and be involved in planning for the future of Greater Geelong.

Conflict of Interest

No Council Officer involved with this process has any direct or indirect interest in the properties.

Risk Assessment

Provision of a sealed pathway will provide safer walking conditions for pedestrians by minimising the risk of personal injuries through conflict with vehicles and the elimination of uneven and slipery surfaces.

There are no identified risks for Council in making its Intention to Declare the scheme.

Environmental Implications

The provision of a sealed pathway surface provides a permanent and safe means of access. During the course of construction and the manufacture and procurement of materials, energy is expended resulting in some greenhouse gas emissions. This ceases when construction is complete.

The project does not create waste with the exception of some excavated material. The proposal does not affect any natural habitats.

The proposal will require some nature strip trees and shrubs to be trimmed but removal of vegetation is not expected.

Attachment 2

SCHEDULE ‘A’

The works for the construction of footpaths in Thompson Road and Furner Avenue Bell Park which consist of excavation, footpath, reinstatement of nature strip and driveways, miscellaneous construction works, legal advice and professional services associated with survey, engineering design, drafting, supervision and administration of the project all as included in the cost estimate shown below.

COST ESTIMATE FOR CONSTRUCTION OF FOOTPATH – THOMPSON ROAD AND FURNER AVENUE, BELL PARK

Attachment 3

Benefit Ratio – Schedule ‘B’

Attachment 4

SCHEDULE ‘C’

SPECIAL CHARGE SCHEME FOR FOOTPATH CONSTRUCTION THOMPSON ROAD and FURNER AVENUE, BELL PARK

Attachment 5

PLAN

Attachment 6

PROCESS CHART

SPECIAL CHARGE PROJECTS – (Section 163 – Local Government Act 1989)

Thompson Road and Furner Avenue, Bell Park

20. Amendment C251 and Permit 408/2016 - Former CSIRO Site Belmont - Consideration of Panel Report and Adoption