Council Minutes - Section B: Reports - 11 February 2020

Contents | Previous Page: Section A - Procedural Matters

Reports tabled at the Community Focus Council Meeting of Council on Tuesday 11 February 2020, held at the Council Conference and Reception Centre in City Hall, 57 Little Malop Street, Geelong.


  1. Youth Council 2020 – Updated Terms of Referencej

  2. UNESCO Creative Cities Network Annual General Meeting, Brazil 2020

  3. Wharf Shed Lease

  4. Gibbons Road, Lara – Proposed Road Discontinuance

  5. Council Plan Quarterly Report – December 2019

  6. Tender T1900049 Elcho Channel and Basin – Stage 2 Drainage Works

  7. Revocation of Flood Prone Area Designation of New Lots at Charlemont Rise Estate, Stage 10


Councillor Grzybek declared a direct interest in Agenda Item 1, Youth Council 2020 – Updated Terms of Reference in that she is Secretary of the Lara United Football Club and left the meeting room prior to discussion at 7:25pm.


1. Youth Council 2020 – Updated Terms of Reference

Source:

Community Life - Connected Communities

Director:

Robyn Stevens

Portfolio:

Leadership and Governance


Purpose

  1. To seek Council endorsement for the updated Youth Council Advisory Committee Terms of Reference.


Background

  1. Council endorsed the Terms of Reference for the Youth Council Advisory Committee in September 2018.

  2. In January 2019 the Council established the inaugural Youth Council Advisory Committee to provide the opportunity for young people to participate and learn about civic and democratic processes and provide a mechanism for Council to seek and receive advice and input from young people about youth specific issues.


Key Matters

  1. The City undertook a review and evaluation of the Youth Council in December 2019 and as a result, made several adjustments to the Terms of Reference (Attachment 2).

Councillor Aitken moved, Councillor Mason seconded -

  1. That Council endorse the updated Youth Council Advisory Committee Terms of Reference (Attachment 2), subject to the following amendments:

    1. Delete Clause 4.3.2;

    2. Delete Clause 4.3.3; and

    3. Add 4.3.2 Members are not eligible to nominate for re-election.

Carried.


Attachment 1

Financial Implications

  1. There are no financial implications associated with this report.


Community Engagement

  1. Updated Terms of Reference will be communicated to all members and will be available on Council’s website.


Social Equity Considerations

  1. The Youth Council provides an opportunity for young people to contribute to and be included in civic life, while building leadership skills and offering advice on matters that affect young people.


Policy/Legal/Statutory Implications

  1. The activities of the Youth Council comply with the Youth Council Advisory Committee's Terms of Reference. The City also adheres to their obligations under the Victorian Child Safe Standards during the program.


Alignment to Council Plan

  1. The key priorities outlined in the annual plan align with Council Plan priorities of:

    1. Improved health and safety of our community – consult with the community on safety issues that are impacting them;

    2. A more inclusive and diverse community – further developing programs that support young people in our community;

    3. Effective environmental management – educating and assisting our community; and

    4. Organisational leadership, strategy and governance – communicating and engaging with the community.


Conflict of Interest

  1. No City officers or contractors who have provided advice in relation to this report have declared a conflict of interest regarding the matter under consideration.


Risk Assessment

  1. The Committee will provide advice to Council on specific issues relating to young people in our community.


Environmental Implications

  1. There are no environmental implications.


[Back to List]

2. Draft Social Housing Plan 2018-2041

Source:

Economy, Investment & Attraction - Economic Development & Events

Director:

Brett Luxford

Portfolio:

Economic Development


Purpose

  1. To authorise the Mayor’s, or designated delegate’s, attendance at the UNESCO Creative Cities Network XIV Annual General Meeting (AGM) in Santos, Brazil, from 13 to 19 July 2020 and to visit fellow city of design Curitiba, Brazil.


Background

  1. On 31 October 2017, the City was notified that its application to become a member of the UNESCO Creative Cities Network was successful.

  2. The UNESCO Creative City designation is a key step in Greater Geelong’s journey to transform our community’s clever and creative vision aspirations into reality.

  3. The UNESCO Creative City designation is an ongoing commitment, and the City of Greater Geelong as the designated Secretariat is obligated to provide a report every 4 years.


Key Matters

  1. One of the City’s other obligations, as the Secretariat, is for the Mayor, or designated delegate, to attend the UNESCO Creative Cities Network Annual General Meetings. The 2020 AGM will be held in Santos, Brazil from 13 - 19 July 2020. The foreseen theme of the meeting is “Creativity, path to Equality” demonstrating creativity and culture power as factors of sustainable development.

  2. The Mayor attended the 2018 AGM held in Krakow / Katowice, Poland and 2019 in Fabriano, Italy.

  3. Attending the AGM further develops the relationships with other UCCN designated cities, allows collaboration with other cities and enables Geelong to share projects that support our contribution to Development Goal 11 - Sustainable Cities and Communities.

  4. The AGM enables the City to further promote our desire to hold a future City of Design subnetwork meeting in Geelong.

  5. Attending the AGM will also provide the opportunity to also visit a fellow city of design, Curitiba, Brazil and share Geelong’s design projects and to further promote Geelong.

Councillor Harwood moved, Councillor Sullivan seconded -

  1. That Council in accordance with the Councillors’ Expenses and Facilities Policy, authorise the Mayor, or designated delegate, to attend the XIV Annual General Meeting of the UNESCO Creative Cities Network in Santos, Brazil from 13 - 19 July 2020 and visit fellow city of design Curitiba, Brazil.

Carried.


Attachment 1

Financial Implications

  1. The approximate travel costs for the Mayor, or delegate, and a City officer, to attend the 2020 UNESCO Creative Cities Network XIV Annual General Meeting in Brazil and to visit Curitiba is approximately $12,000.


Community Engagement

  1. The City’s application to the UNESCO Creative Cities Network was prepared in partnership with a number of internal and external stakeholders; Deakin University, the Australian Centre for Innovation and Design, Runway, Creative Geelong, and the state government, through Creative Victoria; along with Council’s Arts & Culture team, Economic Development Unit and the Strategy & Program Delivery team.

  2. A UNESCO working group has been formed to develop a charter and recommend a future structure to support the implementation of the designation. This working group has representatives from Deakin University, The Australian Design Institute, Creative Victoria, Office of the Victorian Architect, Wauthaurong Corporation, Geelong Arts Centre, Geelong Tech School, Gordon TAFE and representatives from internal Council departments.

  3. A number of activities have been delivered throughout the last 12 months to engage the community and stakeholders including a Major Stakeholder Event, Melbourne Design Week in Geelong, a UNESCO Champions program, a Geelong UNESCO web site and a series of community engagement nights using a Pecha Kucha (specific presentation style) format. Future events include Geelong Design Week, additional Pecha Kucha’s, the continuation of the UNESCO champions program, a framework plan and ongoing marketing.


Social Equity Considerations

  1. There have been a number of opportunities to collaborate, share ideas and build capability to deliver on the City’s commitment to social equity and create a more safe, resilient and sustainable city and community. Geelong Design Week in March 2020 includes over 80 events delivered by the Geelong community showcasing how the  Greater Geelong community is using design to address Geelong’s challenges and seek new ways to operate.


Policy/Legal/Statutory Implications

  1. As a member of the UCCN, we commit to using the membership to drive policies, strategies and activities towards the United Nations Sustainable Development Goal 11. This goal is about making cities and human settlements inclusive, safe, resilient and sustainable.

  2. Approval for overseas travel is sought in accordance with the Council’s policy.


Alignment to Council Plan

  1. The City’s designation to the UNESCO Creative Cities Network is aligned to a number of priorities outlined in the Council Plan including: A Thriving and Sustainable Economy, Vibrant Arts and Culture, Planned and Sustainable Development, A More Inclusive and Diverse Community, and Effective Environmental Management.


Conflict of Interest

  1. No officers who have provided advice in relation to this report have declared a conflict of interest regarding this report.


Risk Assessment

  1. If resources are not made available to support the Mayor’s, or delegate, and Council officers attendance to future UNESCO Creative Cities Network AGMs held in various locations each year, and the Council fails to report on activities every four years, and Geelong does not actively participate in the network, there is a risk of losing the UNESCO Creative City designation.


Environmental Implications

  1. There are no environmental implications of this report.


Councillor Murrihy declared Conflict of Interest in relation to Agenda Item 3 – Wharf Shed Lease, in that his daughter is employed at the Café/Restaurant and left the meeting room prior to discussion at 7:45pm.


[Back to List]

3. Wharf Shed Lease

Source:

Customer & Corporate Services - Property Procurement & Assets

Director:

Michael Dugina

Portfolio:

Central and Civic Geelong


Purpose

  1. To seek approval to commence the process to enter a new twenty-one (21) year lease with Three Frothy Beers Pty Ltd.


Background

  1. Three Frothy Beers Pty Ltd (TFB) purchased the businesses known as the Wharf Shed & Le Parisien at 15 Eastern Beach Road, Geelong 3220 (Premises) from Wharf Shed Complex Pty Ltd in July 2018.

  2. The lease for the Premises was assigned to Three Frothy Beers Pty Ltd with an expiry of 30 June 2028. In July 2019, TFB wrote to the City requesting a new replacement lease. Plans were submitted to undertake renovations at a cost to TFB of approximately $1.5million.

  3. After discussions with Department of Environment Land Water and Planning (DELWP) the City was required to publish a public notice advertising its intention to negotiate a new twenty-one-year lease with TFB.

  4. The public notice was advertised in both the Geelong Advertiser newspaper on Saturday 2 November 2019 and “Have Your Say” on the Geelong Australia website for the required twenty-eight (28) day submission period. No submissions were received.


Key Matters

  1. The City is now required to advertise its intent to enter into a new 21-year lease with the current tenant. This process will take a minimum of 28 days and submissions may lead to a submission hearing process in accordance with Section 190 of the Local Government Act.

  2. Pending a positive outcome Ministerial approval will be required as this building is located on Crown Land.

  3. The decision to enter into a new commercial lease will provide the City with an opportunity to better protect this asset, by incorporating clearer maintenance responsibilities for the tenant.

  4. A new lease will also allow the City to redefine the lease boundary removing the public toilets from the footprint.

Councillor Harwood moved, Councillor Nelson seconded -

  1. That Council:

    1. Approve the advertising of the City’s intent to enter into a new lease agreement with Three Frothy Beers Pty Ltd for the Premises for a maximum term of 21 years;

    2. Approve the issuing of a new 21-year lease, should no submissions be received;

    3. Authorise the Chief Executive Officer to enter in to the lease agreement with TFB on behalf of Council should no submissions be received;

    4. Note that if submissions are received a submissions hearing process may be required and a further report will be submitted to Council to consider this matter; and

    5. Note that any new lease can only be granted upon receipt of Ministerial approval as the Premises is located on Crown Land.

Carried.


Attachment 1

Financial Implications

  1. Commencing this process will come at no cost to the City. The new lease income will be approved by the Valuer Generals office as this building sits on crown land.

  2. Prior to the completed works to the Premises, the market rental was around $200,000 plus GST per annum.

  3. As part of the City’s negotiations, the City offered a reduction in rental for a period of two (2) years post renovation and replacement of the lift, which was due for replacement at the City’s cost.

  4. The Tenant agreed to reconfigure the public toilets, which were previously shared with patrons to the Premises. This was the key to reduction in rental as this was a significant cost to the tenant.There are now three unisex and DDA compliant outward facing public toilets.


Community Engagement

  1. The City advertised its intent to negotiate a new twenty-one (21) year lease to TFB by public notice. No submissions were received.

  2. The City will advertise its intent to enter into a new twenty-one-year lease with TFB by public notice seeking submissions.


Social Equity Considerations

  1. The reconfigured public toilets are accessible and compliant with current legislation and are separate to the café operations.


Policy/Legal/Statutory Implications

  1. City officers have met with local DELWP officers to develop a strategy to ensure relevant process are followed and that additional opportunities for input are provide to the community.

  2. The City has complied with DELWP’s requirements to advertise its intention to negotiate a new lease on 2 November 2019.

  3. The City shall submit a second public notice (Intention to Grant a new Lease) to comply with s190 of the Local Government Act.


Alignment to Council Plan

  1. The recommendation supports the key priority relating to Organisational Leadership, Strategy and Governance of “proactively managing our assets, including land holdings”.


Conflict of Interest

  1. No officers or contractors involved in this process have a direct or indirect interest in this matter.


Risk Assessment

  1. TFB proceeded with the renovations despite not having the security of a longer lease. TBH are seeking security of tenure to ensure return on investment. Officers have provided no guarantee that this will occur. Should agreement not be reached, TBH may consider legal avenues to regain some of their costs.


Environmental Implications

  1. The renovation works considered and compliment the Geelong Waterfront Safe Harbour Project which has commenced Stage 1. Tenant obligations in relation to environmental management including waste management shall be included in the Lease and in consultation with the Waterfront & Central Geelong team.


Councillor Murrihy re-entered the meeting room at 7:51pm.


[Back to List]

4. Gibbons Road, Lara – Proposed Road Discontinuance

Source:

Customer & Corporate Services - Property, Procurement and Assets

Director:

Michael Dugina

Portfolio:

Finance


Purpose

  1. To recommend that Council resolve to discontinue approximately 300m of the eastern end of Gibbons Road, Lara which was deviated through 155 Gibbons Road, Lara.


Background

  1. Council considered a report at the Community Focus meeting on 12 November 2019 with respect to the discontinuance of a portion of approximately 300m of Gibbons Road, Lara.

  2. Council resolved to endorse the Chief Executive Officer (CEO) to commence the process to formally discontinue this section of road by publishing a notice and inviting submissions (Attachment 2).

  3. A further report to Council was requested after the submissions process expired.


Key Matters

  1. The CEO authorised the commencement of the process to discontinue approximately 300m of Gibbons Road, Lara on 21 November 2019.

  2. A public submissions process was required under s223 of the Local Government Act (Vic) 1989 (“the Act”), for the proposed discontinuance of this section of Gibbons Road and this was undertaken on 13 December 2019 and expired on 13 January 2020.

  3. Advertising of the discontinuance was conducted through the Geelong Advertiser, The Independent and via geelongaustralia.com.au/yoursay.

  4. Two email submissions, who did not request to be heard, were received via Have Your Say and one email requesting further information. Both submitters were advised their comments would be considered by Council and the request for further information was responded to (Attachment 3).No other submissions were received.

  5. The formal discontinuance of this section of Gibbons Road, Lara, will improve public safety by reducing the speed of vehicles along the unsealed road and will redirect traffic flow onto road networks fit for purpose.

  6. The resulting land from the discontinuance, will revert to freehold land as identified in the existing title plan and will be held for drainage purposes (Attachment 4).

  7. The remaining section of Gibbons Road, past the discontinuance will remain a Crown road reserve as intended and set aside for future needs.

Councillor Grzybek moved, Councillor Aitken seconded -

  1. That Council:

    1. Approve removal of the segment of Gibbons Road, as described in the Attachments, to be discontinued from the Municipal Road Register under the provisions of Section 17(4) of the Road Management Act 2004 because it is not reasonably required for public use as a public road;

    2. Resolve to formally discontinue a 300m section of the eastern end of Gibbons Road, Lara; and

    3. Request the Chief Executive Officer to publish a notice of the discontinuance in the Government Gazette pursuant to Schedule 10, Clause 3 of the Local Government Act 1989.

Carried.


Attachment 1

Financial Implications

  1. Reopening of Gibbons Road, Lara would require gazettal of a deviation of the road which is currently on Council freehold titled land.

  2. Improvement works to the road to bring it up to a sealed standard are estimated in excess of $1.7million and this does not include safety works, which most likely would be required on Bacchus Marsh Road by Regional Roads Victoria, to cater for turning traffic.

  3. The discontinuance of this segment of Gibbons Road will result in operational savings as it will reduce the need to grade this portion which would be needed should it remain a road.


Community Engagement

  1. A public submissions process (a requirement under s223 of the Act) was undertaken between 13 December 2019 and 13 January 2020 with advertising in the Geelong Advertiser, The Independent and via Have Your Say on our website.

  2. The formal submissions process was completed after a community feedback engagement completed by City Services – Engineering Services in 2019.

  3. There were 482 page views on geelongaustralia.com.au resulting in one email enquiry for further information and two submissions. There were no other submissions or comments. The submissions and officer response to each submission are found in Attachment 3.

  4. No submissions wished to be heard.


Social Equity Considerations

  1. The proposal will have social impacts but is not considered to relate any particular social equity considerations.


Policy/Legal/Statutory Implications

  1. The section of Gibbons Road, Lara can be discontinued under Schedule 10, Clause 3 of the Local Government Act 1989, after a public submissions process, which has been completed.

  2. Permanent closure and discontinuance of this section can be undertaken and the road can be removed from the Municipal Road Register under the provisions of Section 17(4) the Road Management Act 2004.

  3. Pursuant to Section 206 and Schedule 10 Clause 3, Council can by resolution determine that part of the road of Gibbons Road, Lara, is not reasonably required as a public road and can subsequently authorise its discontinuance and Gazettal notice.


Alignment to Council Plan

  1. Improved Health and Safety of our community – improved safety of, and user satisfaction with community infrastructure.

  2. Planned Sustainable Development – Managing the impact of development on the unique character of our townships.

  3. Informed Social Infrastructure and Planning – Delivering accessible and attractive community infrastructure based on community need.


Conflict of Interest

  1. There is no officer conflict of interest, direct or indirect, in the preparation of this report.


Risk Assessment

  1. The discontinuance of this portion of Gibbons Road, Lara and the subsequent reduction of traffic volumes, will reduce the associated risks relating to public safety, asset deterioration and resident amenity.

  2. The use of Gibbons Road for access into the Grand Lakes estate, was not considered as part of the original traffic planning for this estate. All road network improvements for this subdivision were undertaken for safe access into the estate via alternative routes other than Gibbons Road.


Environmental Implications

  1. There are no environmental implications associated with the outcome of this report.

Attachment 2 - page 1 of Road Closure - Gibbons Road Lara Report  - 12 November 2019

Attachment 2 - page 2 of Road Closure - Gibbons Road Lara Report  - 12 November 2019

Attachment 2 - page 3 of Road Closure - Gibbons Road Lara Report  - 12 November 2019

Attachment 3 - S 223 (Local Government Act 1989) Submissions Process

 

Feedback Content

Received via

Officer Response

1

Hello, I firmly believe that Gibbons Road in Lara should not be discontinued. There is enough traffic build-up as it is, but when the Austin area is opened up, and with the current influx of people moving to, and building in, Lara, the infrastructure has not been updated to keep up with the hundreds, if not thousands of people in the very near future residing in Lara & please consider sealing this road, not discontinuing it.

City Web

Thank you for your submission on the Proposed Road Discontinuance for Gibbons Road, Lara.

I will ensure that your comments are forwarded to Council in the next report. This will allow them to make an informed decision about the Proposed Road Discontinuance.

2

Hi, It appears from the doc that people will still be able to drive from Gibbons road to O'Hallorans road. Is that the case? Will the elbow be formalised if the angled short cut removed? The descriptions suggest that they may not. Just looking for some clarification.

City Web

Further to your enquiry regarding the proposed discontinuance of Gibbons Road, Lara, I can confirm that the intent of the closure is that there will be no traffic connection between Gibbons Road and O’Hallorans Road.

3

Hi. It is vital that people who ride bikes can access the soccer club on Gibbons road from the residential areas off O’Halloran’s road. This is also currently a route for recreational riders to not ride along Elcho road which is highly dangerous. I ask that when vehicles are blocked off that a small path (about 50m) is formalised between Gibbons road and the McManus road/O’Hallorans road intersection. This would allow riders to still utilise the route.

City Web

Thank you for your submission on the Proposed Road Discontinuance for Gibbons Road, Lara.

I will ensure that your comments are forwarded to Council in the next report. This will allow them to make an informed decision about the Proposed Road Discontinuance.



Attachment 4

Aerial image showing O'Hallorans Road, Proposed discontinuance and Gibbons Road. Image also provides a key to explain the use of red for the closure and a hatched pattern for the discontinuance

Title Plan - Edition 1 - TP 741999R - plan showing gass supply easement created by C/E W816966N

[Back to List]

5. Council Plan Quarterly Report – December 2019

Source:

Governance, Strategy & Performance – Strategy, Engagement & Performance

Director:

Rebecca Leonard

Portfolio:

Strategy and Communications


Purpose

  1. To present the Council Plan Quarterly Report – December 2019 for consideration and endorsement by Council.


Background

  1. Council adopted the Council Plan 2018–22 Update 2019–20 at the Council Meeting on 25 June 2019. The Council Plan identified the objective and priorities of Council. This quarterly report tracks the progress against Council Plan’s 11 strategic priorities, four-year key priorities and one-year actions.


Key Matters

  1. There are 81 key priorities and 104 actions. At the end of December 2019, the majority of these were on track year to date with:

    1. Five ‘complete’:

      1. Implement a new approach for the Community Investment and Support Fund;

      2. Construct a green organics facility;

      3. Trial a flexible parking solution for the CBD;

      4. Establish and fund the Community Events Grant Fund; and

      5. Establish and support and organisational change management function.

    2. Two ‘not started’:

      1. Review and implement Greater Geelong Cycling Strategy; and

      2. Commence operation of an Enterprise Project Management Office.

    3. Four ‘needs improvement’:

      1. Continue remedial works of Osborne House;

      2. Construct and launch the first stage of the Sunken Gallery;

      3. Create a new advocacy function; and

      4. Undertake detailed design to create linkages between shared paths across the region.

Councillor Grzybek moved, Councillor Mason seconded –

  1. That Council endorses the Council Plan Quarterly Report – December 2019, which will be made available to the community on the Council website.

Carried.


Attachment 1

Financial Implications

  1. There are no financial implications arising from the subject of this report.


Community Engagement

  1. The Council Plan Quarterly Report has been prepared in consultation with Managers, Coordinators and Officers from across the organisation. The report will be made available to our community online through Council’s website  after the Council Community Focus Meeting, three times a year and in the annual report.


Social Equity Considerations

  1. The Council Plan Quarterly Report documents the work Council is undertaking in relation to improving access and inclusion for all.


Policy/Legal/Statutory Implications

  1. The City’s activities are guided by its Council Plan 2018–22 Update 2019–20, which was adopted in accordance with the Local Government Act (Vic) 1989. The implementation of the Council Plan is monitored via the quarterly and annual report.


Alignment to Council Plan

  1. The Quarterly Council Plan Report tracks the progress against Council Plan’s 11 strategic priorities, four-year priorities and one-year actions.


Conflict of Interest

  1. There have been no direct or indirect interests declared.


Risk Assessment

  1. There are no identified risks arising from this report.


Environmental Implications

  1. There are no identified environmental implications arising from this report.


[Back to List]

6. Tender T1900049 Elcho Channel and Basin – Stage 2 Drainage Works

Source:

Customer & Corporate Services - Property, Procurement and Assets

Director:

Michael Dugina

Portfolio:

Finance


Purpose

  1. To award Contract C1900049 for the Elcho Channel & Basin – Stage 2 Drainage Works project to Hart Family Trust t/a Harcom Civil Pty Ltd (ABN 15 004 790 167).


Background

  1. The works which the contractor is required to execute under this contract consist, in general terms, of the disposal (27,000 cubic metres) and stockpiling of earth, underground drainage, wetland outlet structure, draw down valve pits, concrete weir wall and a three-metre-wide concrete low flow access track. Further works include disposal (15,500 cubic metres) and stockpiling of earth, a three-metre-wide concrete low flow channel/access track, and the construction of a shared concrete path.


Key Matters

  1. Procurement Services undertook an open tender process seeking to appoint a suitably qualified and experienced civil contractor to undertake works associated with the Elcho Channel & Basin - Stage 2 Drainage project.

  2. The submissions were evaluated in accordance with the processes detailed in the City’s ‘Procurement and Contracts Manual’.

  3. Based on the tenderers project experience, expertise and value for money the Tender Evaluation Panel (TEP) recommend that Hart Family Trust t/a Harcom Civil Pty Ltd to be awarded the contract for the provision of these works.

  4. Subject to Council awarding the Contract, the project will commence 2 March 2020.

  5. The lump sum price for the delivery of the project is $2,412,148.97 (excl. GST).

Councillor Aitken moved, Councillor Grzybek seconded -

  1. Award Contract C1900049 for the Elcho Channel & Basin - Stage 2 Drainage Works project to Hart Family Trust t/a Harcom Civil Pty Ltd (ABN 15 004 790 167) for the tendered lump sum price of $2,412,148.97;

    1. Authorise to the CEO to execute Contract No. C1900049 and any other documents required by or to give effect to the terms of the Contract on behalf of Council;

    2. Authorise the Manager Engineering Services to approve variations to Contract C1900049 to a maximum of $200,000 (ex-GST).  Where the aggregate of all variations exceed $200,000 they must be referred to the Director City Services for authorisation; and

    3. Authorise the Director City Services to approve variations to Contract C1900049 to a maximum of 10% of the Lump Sum Price (ex-GST).  Where the aggregate of all variations exceed 10% they must be referred to the Chief Executive Officer for authorisation.

Carried.


Attachment 1

Financial Implications

  1. The tendered amount is well within the available budget due to the contractor finding a cost-effective way to dispose of the excavated material. Where savings are identified they will be passed onto the landowners who are part of the Special Rate and Charges Scheme this project serves, reducing their contribution to the scheme.


Community Engagement

  1. Community engagement in the form of the Intention to Declare of the SRC was completed in 2015 followed by the VCAT process in 2018. A wider consultation for these works is not considered necessary.


Social Equity Considerations

  1. This project will provide the infrastructure that addresses the needs of the local community while generating economic benefits to local contractors, sub-trades and material suppliers who will be directly engaged in the construction.


Policy/Legal/Statutory Implications

  1. This tender was publicly advertised in accordance with the requirements of section 186 of the Local Government Act 1989 and the tender process has been conducted in accordance with the City’s Procurement Policy.


Alignment to Council Plan

  1. These works support the following strategic priorities of the Council Plan 2018-2022 by:

    1. Planned sustainable development – this area has always been subject to inundation, restricting the development of this area;

    2. Effective environmental management – this project forms part of a wider stormwater harvesting system, allowing for the potential reuse of harvested stormwater for appropriate uses; and

    3. A thriving and sustainable economy – the project is located within the Geelong Ring Road Employment Precinct (GREP), thus providing the supporting infrastructure to realise the full development of the precinct.


Conflict of Interest

  1. 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

  1. The tender evaluation process involved the assessment of Work, Health and Safety policies, procedures and risk assessment documents. Any other risks associated with the acceptance of this tender will be managed through the contract conditions.


Environmental Implications

  1. Any environmental implications associated with this contract will arise from the execution of the works. It is considered that these are the responsibility of the Contractor and will be managed through the contract documentation.


Attachment 2

Contract Details

  1. Contract C1900049 for Elcho Channel & Basin - Stage 2 Drainage Works.


Invitation to Tender

  1. The City issued tender T1900049 seeking to appoint a suitably qualified and experienced Civil Contractor to undertake works associated with the Elcho Channel & Basin - Stage 2 Drainage Works project.

  2. Table 1 Invitations to Tender

    2.1

    Medium

    2.2

    Date Advertised

    2.3

    Geelong Advertiser

    2.4

    2 November 2019

    2.5

    eProcure

    2.6

    2 November 2019

    2.7

    Geelong Australia Website

    2.8

    2 November 2019


Tender Evaluation Panel

  1. The Tender Evaluation Panel comprised the following staff.

  2. Table 2 Tender Evaluation Panel

    (a)

    Position Title

    (b)

    Panel role

    (c)

    Manager Engineering Services

    (d)

    Member (voting)

    (e)

    Co-ordinator Design & Services

    (f)

    Member (voting)

    (g)

    Principal Delivery Engineer

    (h)

    Member (voting)

    (i)

    Procurement Specialist

    (j)

    Chair (non-voting)


Tender Submissions

  1. Tenderers had to comply with the following mandatory criteria:

    1. OH&S system – if the tenderers OH&S processes and procedures do not meet a minimum standard determined by the City, the tenderer will not be considered for the Contract.

    2. Tenderer must have a heat and UV radiation exposure management procedure, and if not, must be willing to abide by the City’s Heat and UV Radiation Exposure and Outdoor Clothing Procedures (Long/Long).

    3. Tenderer must have attended the mandatory site inspection at 10:00am on Wednesday 13 November 2019, at the corner of Heales and McManus Roads, Lara VIC 3212.

    4. Tenderer must have demonstrated experience as the principal civil contractor successfully delivering similar type civil works with a capital value >$1M (within the last 3 years). Supporting evidence must be provided.

  2. All tenderers complied with the mandatory criteria.

  3. Table 3 Tender Submissions Received

    Tender

     

    Conforming tender

    A

    Hart Family Trust t/a Harcom Civil Pty Ltd

    Yes

    B

    Tender B

    Yes

    C

    Tender C

    Yes

    D

    Tender D

    Yes

    E

    Tender E

    Yes

    F

    Tender F

    Yes


Tender Evaluation

  1. The Evaluation Panel used the following qualitative criteria (in order of weighting) to assess the submissions:

  2. Table 4 Comparative Criteria Weighting

    Comparative Criteria

    Weighting %

    Capability & Experience

    30

    Methodology & Plan

    30

    Proposed Project Resourcing

    10

    Quality Management

    10

    Economic & Local Content

    10

    Clever and Creative (Innovation)

    5

    Risk Management

    5


  3. The tender was evaluated by the evaluation panel in a two staged process:

    1. Qualitative assessment of a weighted score totalling 100%, and

    2. Evaluation of price against weighted score:

      VFM = Tendered Price ÷ Weighted Score (lowest VFM Score = preferred supplier).

  4. Hart Family Trust t/a Harcom Civil Pty Ltd were deemed the best value for money tenderer, with the lowest price and second highest ranked tender, demonstrating best value for money for the City, and placing them as the preferred tenderer.


Tender Evaluation Scores

  1. At the conclusion of the evaluation the tenders were ranked in the following order.

  2. Table 5 Tender Evaluation Scores

    Tender

     

    Rank

    A

    Hart Family Trust t/a Harcom Civil Pty Ltd

    1

    B

    Tender B

    2

    C

    Tender C

    3

    D

    Tender D

    4

    E

    Tender E

    5

    F

    Tender F

    6


Post-Tender Contact

  1. The Evaluation Panel sought clarification (in writing) from Hart Family Trust t/a Harcom Civil Pty Ltd and Tender B regarding methodology for disposing of excess material and the method of installation of pipe cells beneath existing gas pipeline. Their response demonstrated that Hart Family Trust t/a Harcom Civil Pty Ltd have undertaken the appropriate due diligence and have allocated the required resources.

  2. Hart Family Trust t/a Harcom Civil Pty Ltd demonstrated a thorough understanding of the requirements of the specification with a proven record of delivering comparable contracts. The Tender Evaluation Panel noted that Hart Family Trust t/a Harcom Civil Pty Ltd are an experienced provider of civil projects requiring experience with bulk earthworks. They have undertaken contracts of similar scope and value for other clients over past three (3) years including Port of Geelong and City of Greater Geelong.

  3. Hart Family Trust t/a Harcom Civil Pty Ltd submission identified all the experienced personnel, plant and subcontractors required for this program.

  4. Hart Family Trust t/a Harcom Civil Pty Ltd project methodology demonstrated that they have the available resources and expertise to successfully deliver the works and a detailed works program provided evidence of their capability to deliver the project within the City’s timeframes.

  5. Hart Family Trust t/a Harcom Civil Pty Ltd OHS documentation addressed the high risk tasks associated with the works providing examples of SWMS used on a project with a comparable risk profile and all relevant qualifications required.


Probity

  1. No probity issues identified.


[Back to List]

7. Revocation of Flood Prone Area Designation of New Lots at Charlemont Rise Estate, Stage 10

Source:

City Services - Engineering Services

Director:

Guy Wilson-Browne

Portfolio:

Parks, Gardens and City Services


Purpose

  1. To revoke Council’s designation of 12 December 2006 of flood affected land at Charlemont Rise Estate, Stage 10 as liable to flooding pursuant to regulation 153 of the Building Regulations 2018.


Background

  1. Council has a statutory obligation under the Building Regulations 2018 to designate land as liable to flooding where it reasonably knows it to be prone to flooding. Conversely, there is an obligation to remove the encumbrance of designation from land that is no longer considered to be flood-prone.

  2. The current designated flood mapping (Attachment 2) was designated by Council at its meeting of 12 December 2006.

  3. This revocation will result in another stage of new lots in Charlemont Rise Estate Stage 10 fronting 150 – 230 Horseshoe Bend Road, Charlemont being free of their flood prone status, paving the way for owners to build homes on their land.


Key Matters

  1. The flood mapping is subject to a revision due to the subdivision and development at 150 – 230 Horseshoe Bend Road, Charlemont. Prior to subdivision the parent lot was considered to be liable to flooding. This development site, which is also known as Charlemont Rise Estate, Stage 10, achieves flood immunity for newly created lots for flood events up to and including the 100 year Average Recurrence Interval (ARI) event due to approved internal earthworks.

  2. The decision by the City that the flood prone status can be removed includes assessment of internal drainage, road construction and earthworks to contain potential floodwaters from the 100 year ARI event within road and drainage reserves (Attachment 3).

  3. It should be noted that designation is separate to the creation of flood overlays within the Planning Scheme, which generally follows designation. In the case of this development, the planning scheme amendment to create post-development flood zones or overlays is proposed after the design of the proposed precincts.

Councillor Murnane moved, Councillor Nelson seconded -

  1. That Council revoke the Council designation of 12 December 2006 of flood affected land at Charlemont Rise Estate, Stage 10 as liable to flooding pursuant to regulation 153 of the Building Regulations 2018.

Carried.


Attachment 1

Financial Implications

  1. There are no financial implications arising from the subject of this report.


Community Engagement

  1. A revocation of designation does not warrant public consultation as it constitutes the removal of an encumbrance on land.

  2. Relevant City databases and flood maps will be revised and updates sent to the Corangamite Catchment Management Authority and Building Control Commission.


Social Equity Considerations

  1. Council have a responsibility to the community to provide the best possible information on areas that are flood prone. The removal of flood prone designation allows owners to build on their land without a special permit from the City, and without raising the floor level of their home. It also reduces the cost of property insurance.


Policy/Legal/Statutory Implications

  1. The City has various statutory responsibilities for drainage management and flood management (prevention, response and recovery) as set out in the Local Government Act 1989, Local Government Regulations 1990, Planning and Environment Act 1987, Building Regulations 2018, Water Act 1989, Subdivision Act 1988 and Emergency Management Act 1986.

  2. The works have resulted in the lots being protected from flooding during a major storm event that has a one per cent probability of occurring in any one year, and occurs on average once in 100 years. This is the required standard for new subdivisions.


Alignment to Council Plan

  1. The recommendations of this report are consistent with the Council Plan, in relation to planned sustainable development.


Conflict of Interest

  1. No City officers or contractors who have provided advice in relation to this report have declared a conflict of interest regarding the matter under consideration.


Risk Assessment

  1. Council also has some risk exposure with any failure to disclose the flood-prone status of a property in a Land Information Certificate.

  2. The revocation of the designation is the final step in minimising Council’s risk.


Environmental Implications

  1. The revocation of flood-prone areas designation and designation of revised flood data through the design of this stage is considered unlikely to result in any known adverse environmental impacts.


Attachment 2 - Current Flood Map



Attachment 3 - Revised Flood Map



[Back to List]

Close of Meeting

As there was no further business the meeting closed at 8:10pm on Tuesday 11 February 2020.


Signed: _________________________________________

Councillor Stephanie Asher (Mayor)



Date of Confirmation: _____________________________



[Back to Top]

Contents | Previous Page: Section A - Procedural Matters |