Council Minutes - Section B: Reports - 15 December 2020
Contents | Previous Page: Section A - Procedural Matters | Next Page: Section C - Notice of Motion
Contents | Previous Page: Section A - Procedural Matters | Next Page: Section C - Notice of Motion
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.
Proposed Ministerial Planning Scheme Amendment: McKellar Centre
Geelong Central Business District Engagement Taskforce Findings Report
Commercial Matter (Confidential)
Community Grants (Confidential)
Audit and Risk Summary Report (Confidential)
Councillor Mason declared a Conflict of Interest in the following report and left the meeting room prior to discussion of the item at 7:06pm.
Source: |
Planning, Design & Development – Strategic Implementation |
Director: |
Gareth Smith |
To consider the Amendment C363ggee Panel Report and adopt the Amendment.
On 28 May 2019 Council resolved to prepare and exhibit Amendment C363 to the Greater Geelong Planning Scheme.
The Amendment seeks to rezone 28 Rural Living zoned properties on and near Central Road, Drysdale, to facilitate residential development. The Amendment includes overlay controls to manage orderly planning, subdivision design and developer contributions.
Exhibition of the Amendment in September and October 2019 resulted in 71 written submissions with opposition from local residents and community associations. Two out of the 20 directly affected landowners are known to object outright to the rezoning.
The main issues of objection included that the Amendment is contrary to planning policy and town character; traffic, environmental and drainage impacts; and landowner concerns with the proposed Development Contributions Plan.
On 28 January 2020 Council resolved to refer all the submissions to an Independent Panel appointed by the Minister for Planning.
The Panel Hearing was initially adjourned by the Panel due to coronavirus restrictions but was ultimately held by video conference on 24, 25, 26 and 27 August 2020.
The Panel Report was received on 9 October 2020 and released to the public on 27 October 2020. Under the Planning and Environment Act the Planning Authority (i.e. Council) must consider the Panel’s report before deciding whether or not to adopt the Amendment.
The Panel recommends the Amendment be adopted subject to minor changes to the overlay controls. The Panel said strategic justification for the rezoning is long established and embedded in planning strategies and the planning scheme.
The Panel found the Amendment to be entirely consistent with the Drysdale Clifton Springs Structure Plan and emerging policy such as the City’s Settlement Strategy.
On community concerns about traffic, vegetation, open space and stormwater drainage impacts, the Panel supported the proposed development framework plan (shown in Attachment 2). The Panel also supports the Central Road Drysdale Development Contributions Plan that was presented at the Hearing.
It is recommended that the Amendment be adopted and submitted to the Minister for Planning requesting approval. The recommended Panel Report changes are generally supported.
Councillor Grzybek moved, Councillor Harwood seconded -
That Council:
Adopt Amendment C363ggee (Attachment 5 of this report); and
Submit the adopted Amendment and prescribed information to the Minister for Planning requesting approval.
Carried.
The Central Road Drysdale Development Contributions Plan (DCP) forms part of the Amendment and will be an incorporated document in the Greater Geelong Planning Scheme. The DCP will legally bind Council to administer and deliver the plan. The DCP identifies $7.386 million in new local infrastructure:
Five road projects including pedestrian signals on Jetty Road and an upgrade of the Central Road/ Wyndham Street intersection;
Two drainage reserves and associated landscaping and revegetation; and
Open space improvements to the two new parks and linear reserve including playgrounds and shared use cycle and walking trails.
Contributions towards the planned Drysdale Regional Community and Learning Hub in the town centre of more than $557,000 will also apply.
The DCP will enable the collection of levies to ensure the shared infrastructure is funded to enable the City and developers to provide the infrastructure. The City will act as the collecting agency and may deliver infrastructure or enter into agreements with developers to provide land and works in-kind.
The Amendment was exhibited in accordance with Sections 17, 18 and 19 of the Planning and Environment Act. Landowners, local residents and the broader Bellarine community, including community associations, were familiar with the proposed Amendment reflected in the submissions received.
The Panel Hearing was convened by video using Microsoft Teams. All parties who requested to be heard at the Hearing successfully participated over the four hearing days. The Panel Report at Section 1.4 provides an overview of the procedural issues, correspondence and re-arrangements caused by the COVID-19 restrictions.
The Panel Report was published on the Geelong Australia C363 webpage on 27 October 2020 and all submitters to the Amendment were alerted to the publication. A further alert was provided to submitters of the date this report would be presented at a Council Meeting.
The Amendment has appropriately considered social equity issues. The City has engaged with directly affected landowners since 2014 about potential future rezoning and the proposed site framework plan shows how the area will develop.
The Amendment will deliver a range of social equity benefits including new road intersections, parklands, trails and footpaths. The DCP will ensure landowners pay their fair share for necessary new site infrastructure, as well as contributing to the planned Drysdale Regional Community and Learning Hub.
The City adopted a Social Housing Plan in February 2020. The subject land is located close to community services and Council officers have commenced discussions with the lead developer about how future development can contribute a social or affordable housing component. The rezoning itself will increase residential land supply within a constrained market and contribute to affordable housing.
There is legislation in place to ensure the owners of 164-168 Wyndham Street are adequately compensated when their land is eventually acquired for drainage and open space purposes. The City seeks a negotiated outcome and has commenced discussions with the owners.
There is clear support for the Amendment in the planning scheme’s Municipal Strategic Statement. Most notably, at Clause 21.14 Bellarine Peninsula, the subject land is designated for rezoning to the General Residential Zone (refer to Drysdale Clifton Springs Structure Plan map below).
This area is located inside the Drysdale/Clifton Springs urban settlement boundary, close to the town centre, schools, parks, foreshore and developing housing estates at Jetty Road Curlewis, Ada Street and the retirement village on Central Road.
The Amendment is also consistent with the City’s Settlement Strategy and the emerging State Government Bellarine Peninsula Distinctive Areas and Landscapes (DAL) policy. The Settlement Strategy and DAL seek to consolidate existing town boundaries. The subject land is located inside the Drysdale town boundary. Both policies support the directions for urban growth in the Drysdale/Clifton Springs Structure Plan.
The Amendment aligns with the Sustainable, Built and Natural Environment and Growing our Economy strategic directions in the Council Plan 2018-22.
No City officer involved in the preparation of this report has declared a general or material interest in this matter.
Delay in deciding whether or not to adopt the Amendment is likely to cause uncertainty and distress for directly affected landowners given the land has long been designated in the Greater Geelong Planning Scheme for rezoning to the General Residential Zone. Many of the landowners have made financial and lifestyle decisions about their property based on a strong likelihood of a residential rezoning.
Furthermore, the Panel’s report fully supports the rezoning and has recommended the Amendment be adopted (with only minor drafting changes to the overlay controls). An alternative decision risks litigation from affected parties. A decision made contrary to direct policy direction in the planning scheme could be open to administrative law challenge through the Court.
Delay in adopting the Amendment, and consequently, delay in the Minister approving the Amendment, risks the DCP not being an approved document by the time VCAT hears an appeal in June 2021 from Clifton Springs Holdings (retirement village owner) to strike out the DCP condition on their permit allowing construction of units at 103-111 Central Road. Without an approved DCP the likelihood of the permit condition being struck-out increases. Without the permit condition, there is no statutory mechanism to collect levies from the land and the shortfall in payments of $260,000 (in 2018 dollars) will be the responsibility of the City.
A petition was received in 2019 calling for the construction of pedestrian paths along Central Road which is estimated to cost $131,000. If residential development does not occur, the City would either fund the works or not proceed with the works.
The Amendment is supported by technical assessments that address stormwater quantity and quality management, traffic management, vegetation and public open space. This information has informed the site’s development framework plan.
Councillor Mason re-entered the meeting room at 7:18pm.
Source: |
Planning, Design & Development – Strategic Implementation |
Director: |
Gareth Smith |
To consider the submissions and adopt Amendment C410ggee to the Greater Geelong Planning Scheme.
The Amendment proposes to apply the Public Acquisition Overlay (PAO) to 18 properties across the Armstrong Creek growth area to allow the City to acquire land required for public purposes including road upgrades, drainage infrastructure and sporting reserves.
Approximately 30 percent of the Armstrong Creek growth area has been developed. Three retarding basins/wetlands, five road and intersection upgrades and three sporting reserve projects are necessary for the continued development of the area. This infrastructure has been identified in the strategic plans for the area.
Applying the PAO places a reservation in the planning scheme and allows for a future compulsory acquisition process for the land to be initiated by the City.
Exhibition of the amendment across August and September 2020 resulted in five written submissions. One submission supported the amendment, one from a state government department offered no comment, one from Barwon Water offered no objection but highlighted the existence of a sewer main on an affected site that can’t be moved, one submission from a landowner raised questions about the implications of the acquisition process on their property, and the Department of Transport (DoT) sought agreement from the City about the process for our acquisition and drainage project in the vicinity of the Barwon Heads Road widening project.
The City met with the landowner submitter and addressed all the queries raised in the submission. The submitter is satisfied with the response and commitments about the acquisition process and has subsequently provided a written withdrawal.
The City exchanged correspondence with DoT and have committed to working with them to ensure cooperation and agreement on works in the overlapping drainage infrastructure and Barwon Heads Road widening projects in the vicinity of Boundary Road, Charlemont. They too have subsequently provided correspondence that their submission has been satisfied and they hold no further objection to the amendment.
As the two objecting submissions have been satisfactorily addressed, Council is able to adopt Amendment C410ggee without any referral to an independent planning panel.
Councillor Grzybek moved, Councillor Harwood seconded -
That Council:
Adopt Amendment C410ggee in the form outlined in Attachment 3 of this report; and
Submit the adopted Amendment C410ggee and prescribed information to the Minister for Planning requesting approval.
Carried.
Land acquisition is funded by relevant Armstrong Creek Development Contribution Plans (DCPs) and public open space contributions.
Land acquired through the PAO process costs the City more than land transferred by agreement and the purchase costs may exceed the value included in the DCP. Compensation payable under the Land Acquisition and Compensation Act will not be recovered through development contributions.
Notwithstanding this, the use of the PAO is the most time efficient mechanism available for the City to acquire the land it needs to deliver these critical projects.
When acquiring the land, landowners will be compensated based on an independent assessment of the market value of the land, and other costs affected by the acquisition, in accordance with the Land Acquisition and Compensation Act 1986.
Directly affected landowners were notified in January 2020 of the City’s intention to purchase their land and the proposed PAO amendment process.
Each of the Precinct Structure Plans (PSP) and DCPs where the land was identified for a public purpose has been subject to public notification and review through their respective planning scheme amendment processes.
Formal consultation and communication with landowners was undertaken through the exhibition of Amendment C410ggee from 13 August to 14 September 2020 in accordance with the requirements of the Planning and Environment Act 1987.
Five submissions were received in response to the exhibition.
The Horseshoe Bend PSP, Armstrong Creek West PSP and Armstrong Creek Town Centre PSP provide for a considered and well-planned approach to the development of additional residential communities within the Armstrong Creek Growth Area.
The intent of these PSPs and relevant DCPs is to ensure that the infrastructure required to service the community meets their needs and expectations and is provided in a timely manner.
The land acquisition process is governed by the Land Acquisition and Compensation Act 1986 which ensures a fair and equitable process for landowners.
The amendment is consistent with the Greater Geelong Planning Scheme Policy Framework which supports the residential growth of the Armstrong Creek growth area and the commensurate provision of infrastructure to service the growth.
Specifically, the amendment accords with the vision and intent of the Horseshoe Bend PSP, Armstrong Creek West PSP, Armstrong Creek Town Centre PSP and relevant DCPs. Each document is incorporated into the Greater Geelong Planning Scheme and the City is required to deliver infrastructure to address development impacts on surrounding properties. These include issues such as the management of excess runoff, safety upgrades to roads and intersections, and the provision of sporting reserves for the community.
The future land acquisitions will be subject to the provisions of the Land Acquisition and Compensation Act 1986.
The Armstrong Creek Urban Growth Plan is nominated in the Council Plan 2018-2022 as integral to the delivery of Council’s planned sustainable development strategic priority. The timely delivery of critical drainage, road and active open space projects is key in supporting the liveability and sustainable growth of the community.
No City officer involved in the preparation of this report has declared a general or material interest in this matter.
The application of the PAO to these properties will ensure that the development within the Armstrong Creek Growth Area can proceed with the necessary drainage assets secured and made available to receive stormwater runoff. Delays in road network upgrades due to land not being available for road widening has adverse impacts on road user safety.
The application of the PAO ensures that the land can be compulsorily acquired should negotiations with landowners by the City or other third parties not succeed.
The land acquisition does not pose any impact on the environment beyond what is already identified in the PSP planning process. When the construction work for the DCP projects commence following the land acquisition, it will be undertaken as per City standards with appropriate environmental management and construction management plans in place.
The Amendment as exhibited proposes to:
Apply the PAO2 (for public open space) to land at:
168-170 Reserve Road, Charlemont;
125-141 Horseshoe Bend Road, Charlemont;
180-184 Reserve Road, Charlemont;
186-194 Reserve Road, Charlemont;
200-202 Reserve Road, Charlemont;
286 Boundary Road, Mount Duneed;
5 Whites Road, Mount Duneed; and
611-621 Torquay Road, Mount Duneed.
Apply the PAO4 (for roads) to land at:
152-166 Reserve Road, Charlemont;
232-240 Horseshoe Bend Road, Charlemont;
271-279 Horseshoe Bend Road, Charlemont;
430 Torquay Road, Armstrong Creek;
350-360 Boundary Road, Armstrong Creek; and
5 Whites Road, Mount Duneed.
Apply the PAO12 (for drainage purposes) to land at:
152-166 Reserve Road, Charlemont;
582-620 Boundary Road, Armstrong Creek;
661-669 Barwon Heads Road, Charlemont;
619-639 Boundary Road, Charlemont;
641-655 Boundary Road, Charlemont; and
657-669 Boundary Road, Charlemont.
The following plan shows the spread of the proposed overlays across the Armstrong Creek growth area.
The approved Precinct Structure Plans (PSP) and Development Contribution Plans (DCP) in the Armstrong Creek Growth Area identify a variety of infrastructure that is required to support the transition from rural to urban land. As the community grows, this infrastructure is required to be built to enable and support an effective road, drainage and open space network.
The City’s strategy for land acquisition has been centred around developers working together with the aim to have land vested to Council. It is normal and preferable to reach agreement for the voluntary transfer of land for DCP projects through the planning permit process.
Transfer of the public land through the planning permit process has not been able to secure all the necessary public land in a timely manner and a formal acquisition process is required to secure the land necessary to deliver high priority projects.
Some of the key projects to be facilitated by the public acquisition overlays are:
Ultimate drainage link to Sparrovale Wetlands
Horseshoe Bend Road diversion, drainage and sport fields
Intersection Surf Coast Highway – Boundary Road
Intersection Surf Coast Highway – Whites Road and sport fields
Sport fields West Precinct
Intersection Horseshoe Bend Road – Boundary Road.
Attachment 4 is the Strategic Assessment Report of each of the infrastructure Projects. This outlines the purpose for the public acquisition overlay, the project areas, the nature of the works and the priority for delivery.
Amendment C410ggee was exhibited between 13 August and 14 September 2020. As a result of exhibition, five submissions (5) were received of which one supported the amendment, two were from public authorities/state government agencies offering no comment/no objection, one was from a landowner which raised questions about the implications of the acquisition process on their property, and the final one was from the Department of Transport (DoT) whom sought agreement from the City about the process for our acquisition and drainage project in the vicinity of the Barwon Heads Road widening project.
Submission 1: Barwon Water’s submission raises no objection to the amendment proceeding. Barwon Water advised that for all bar one of the proposed PAO’s, there are no assets or land affected. The submission notes that the proposed PAO12 at 619-639 Boundary Road Charlemont would overlay the main outfall sewer (DN1650mm diameter) which services all of Geelong, and which is covered by a 20-metre easement. Barwon Water advises that this asset will need to be protected as part of the City’s proposed drainage works as it cannot be relocated.
Most of the proposed PAO12 at the site is outside the Barwon Water easement. A smaller area of PAO12 crosses the easement on the northern side of the property. The PAO12 in this location is intended for the Barwon Heads Road to Harriott Road Retarding Basin and drainage reserve to convey stormwater towards the Sparrovale Wetlands.
The City is aware of this major asset and its location informed the preparation of the precinct structure plans and the development contributions plans. Officers are aware that an informal drainage channel currently goes under the pipeline. Detailed design for the drainage basin and channel will be cognisant of this constraint and the City will engage with Barwon Water at that time to ensure protection of the asset.
Submission 2: A submission from Department of Environment, Land, Water and Planning (DELWP) has advised that the amendment has no impact on their policy interests including Crown land management and biodiversity and they have no comment on the amendment.
Submission 5: This submission is from a landowner-developer active within the Armstrong Creek growth area and they are fully supportive of the amendment to assist the orderly and timely development of the area. In particular, the submission supports the application of the PAO12 for the proposed Barwon Heads Road South Retarding Basin and related infrastructure to link to the Sparrovale Wetlands.
The two commenting submissions raised concerns about proposal to apply the PAO12 (for drainage purposes) in the vicinity of Barwon Heads Road and Boundary Road, Charlemont.
Submission 3: The submission from the DoT requested ongoing consultation with the City on the design specifics of the drainage infrastructure to ensure there is no interfacing issue with the Barwon Heads Road widening project.
The City has committed to working with the DoT to avoid such problems and to ensure a smooth transition between the projects.
As requested by DoT, correspondence has been exchanged between the City and DoT outlining this commitment. Subsequent written advice from DoT on 19 October 2020 has advised that their submission has been satisfied and they no longer hold any issue with the amendment.
Submission 4: This submission from an affected landowner cited concerns about the proposed acquisition transecting the property and maintenance of access between the two parts; how the property would be classified post acquisition i.e. would it be considered as one or two properties; the future impacts of the acquisition; and vegetation screening along the drainage line.
Officers from the City Development, Planning & Growth and Property, Procurement & Assets Departments met with the submitter and discussed and responded to all the points of submission. This was very sensitively addressed with the submitter and included follow up correspondence and advice on the acquisition process.
On 1 October 2020, the submitter provided written advice to the City that based on the discussions and further advice, they were satisfied that our responses had answered all their queries and that their submission was withdrawn.
Section 23 of the Planning and Environment Act 1987 outlines three options for dealing with submissions requesting a change to an amendment: change the amendment as requested, refer the submissions to an independent panel for review or abandon the amendment. As there are no ‘live’ submissions seeking change to the amendment, Council can adopt the amendment and send it to the Minister for Planning requesting final approval.
The planning authority for this amendment is Greater Geelong City Council.
The Greater Geelong Planning Scheme is amended as follows:
The Planning Scheme Maps are amended by a total of six attached map sheets.
Overlay Maps
Amend Planning Scheme Map Nos. 66PAO and 67PAO are amended in the manner shown on the six attached maps marked “Greater Geelong Planning Scheme, Amendment C410ggee”.
End of document
Councillors Mansfield and Kontelj declared a Conflict of Interest in the following report and left the meeting room prior to discussion of the item at 7:22pm.
Source: |
Planning, Design & Development – Strategic Implementation |
Director: |
Gareth Smith |
To seek Council support for the Minister for Planning to undertake a planning scheme amendment to facilitate a new mental health bed facility at the Grace McKellar Centre, North Geelong.
The State Government through the Department of Health and Human Services are seeking to deliver 144 additional mental health beds at four sites in Victoria. This is in response to the Royal Commission into Victoria’s Mental Health System.
One of the sites is on Barwon Health managed land at the Grace McKellar Centre (see map in Attachment 2).
The Grace McKellar Centre land is zoned Public Use Zone and is affected by a Heritage Overlay. A planning permit may be required for the proposal due to the Heritage Overlay.
A Ministerial planning scheme amendment is proposed by the consultants for the State Government to fast track approval.
Consultants managing planning aspects for the State Government have provided further information in a letter to the City (Attachment 2) and consider it to be a matter of State significance and hence warranting Ministerial intervention under Section 20(4) of the Planning and Environment Act 1987.
The buildings are proposed to be single storey only and located on the northern part of the site in an area currently free of buildings and with some mature trees.
While a planning permit could be applied for there is a risk that it could be delayed and on this basis officers recommend that Council supports a Ministerial amendment to apply a Specific Controls Overlay to the site exempting it from planning permit requirements.
Councillor Grzybek moved, Councillor Harwood seconded -
That Council:
That Council support the Minister for Planning undertaking a Section 20(4) Planning Scheme Amendment to facilitate the State Government’s proposed mental health bed facility at the Grace McKellar Centre.
Carried.
There are no financial implications to Council in considering this matter.
A Ministerial amendment would not be subject to public exhibition and hence there wouldn’t be the usual community engagement or right to make a submission or object.
This proposal increases access to much needed mental health beds for the Geelong community.
There is a possibility that the proposal falls under an exemption that applies to certain State Government ministers (including the Minister for Health) meaning they don’t need to comply with the planning scheme. However, as the Minister for Mental Health is the proponent it is not clear if the exemption applies. The City is discussing this matter with the planning consultants, Barwon Health and the relevant State Government departments.
The proposal aligns with the Council Plan strategic priority of “Improved health and safety of our community”.
No City officer involved in the preparation of this report has declared a general or material interest in this matter.
There is a risk that the adjoining neighbours may not support the proposal and may raise concerns.
The City’s understanding, based on limited information available, is that there are no significant environmental implications with the proposed development. The State Government as the proponent would need to assess the trees to be removed.
Councillors Mansfield and Kontelj re-entered the meeting room at 7:28pm.
Source: |
Governance, Strategy & Performance – Corporate Affairs |
Director: |
Rebecca Leonard |
For Council to endorse the release of the draft Council Community Engagement Policy for community consultation.
Council is committed to best-practice community engagement which encourages and enhances accessible, diverse and inclusive community participation in decision-making. A draft Community Engagement Policy (the draft Policy) has been developed to reflect Council’s commitment.
The draft Policy will supersede the City’s existing Community Engagement Policy and coincides with the release of the new Local Government Act 2020 (the Act) which sets out a requirement for Councils to adopt and maintain a community engagement policy.
Community engagement is an essential element of good governance. It supports the community to consider, respond to and participate in decision making.
Under the Act, Councils must adopt a Community Engagement Policy by 1 March 2021.
The draft Policy (Attachment 2) provides guidance about why we engage, when we will engage, who we will engage with, and how we will engage.
The draft Policy:
Ensures people who live, work and do business across our region have the opportunity to engage with Council and the City about upcoming decisions;
Promotes effective, authentic and accessible community engagement as a mechanism to driving greater trust, stronger relationships and better outcomes for Council and the communities it represents;
Establishes transparent processes to show how community input is used to inform and influence decision-making; and
Guides Council to meet its legislated engagement obligations with the community giving effect to the engagement principles under the Act.
The draft Policy will be available for community feedback, with consultation open for a period of no less than 6 weeks.
Councillor Aitken moved, Councillor Mason seconded -
That Council:
That Council endorse the draft Community Engagement Policy for community consultation.
Carried.
There are no specific financial implications for this report, however, future community engagement activities, including City officer resources and reasonable support for participants will need to be budgeted for.
An engagement plan has been developed to ensure that the Community Engagement Policy is developed in consultation with the community.
The engagement plan sets out three stages of engagement in the development of the Community Engagement Policy:
Stage one – Engagement Practice Review (internal employee and external community surveys undertaken to gather sentiment on current engagement practice and recommendations for future practice);
Stage two – Pre-draft Community Engagement Policy development consultation (internal stakeholder and Council liaison to inform the draft Policy and provide feedback and recommendations for the further development of the draft Policy); and
Stage three – draft Community Engagement Policy consultation. Once endorsed by Council, the draft Policy will be published, and a number of diverse engagement activities delivered to provide accessible and inclusive engagement opportunities.
The draft Community Engagement Policy recognises the importance of equity, access and inclusion as a key priority to best practice engagement.
Social equity, diverse and inclusive participation, has been considered during workshops and interviews and considered in the development of this draft policy.
The development of the Council’s Community Engagement Policy must adhere to the legislated requirements set out in the Local Government Act 2020.
The Community Engagement Policy must give effect to the legislated requirements set out in the Local Government Act 2020.
Council must adhere to the legislative requirements set out in the Local Government Act 2020 in the implementation of the Community Engagement Policy.
The Local Government Act 2020 requirements have been considered and outlined in the development of this policy, the advice and guidance of the City Legal department has been sought and incorporated in the draft policy.
Community engagement relates to the majority of areas of Council Plan. Community engagement is central to the development, implementation and evaluation of Council Plan.
No City officer involved in the preparation of this report has declared a general or material interest in this matter.
Community engagement is directly linked and impacts the City’s reputation and trust with the people who live, work and invest in Greater Geelong.
No environmental implications will result from the recommendation of this report.
Source: |
Economy, Investment & Attraction – Central Geelong & Waterfront |
Acting Director: |
Tim Ellis |
To present the Geelong Central Business District (CBD) Engagement Task Force – Findings Report (Attachment 2) and note the feedback and suggestions provided for consideration by the incoming Council with an option for ongoing engagement.
At its meeting on 30 June 2020, Council resolved to call for nominations of prominent, experienced and respected business people in Geelong to form a CBD Engagement Task Force to provide feedback and suggestions on the following matters:
Public transport servicing the CBD;
On and off-street parking in the CBD;
Central Geelong Marketing Committee and Levy; and
Commercial rates.
Council noted that as the City endeavours to navigate through the current challenges and recover post COVID-19, it is extremely important we transition out of the pandemic environment with a healthy and active CBD.
The eligibility criteria for the Task Force required participants to own or operate a business in the 3220 postcode; and/or own a commercial property in the 3220 postcode; and, not to be a current member of the Central Geelong Marketing Committee. The process for nominations was co-ordinated through the City’s Have Your Say online platform and promoted via a media release which generated press and radio news coverage, on City-operated social media channels and in City News.
Thirty-one eligible members were accepted onto the Task Force following a validation process based on the eligibility criteria.
Task Force members participated in independently facilitated workshops held on 19 and 20 August to provide feedback on the topic areas. Five fact sheets relating to the topic areas (Attachments 3-7) were sent prior to the workshops. A follow up briefing and questionnaire was conducted before finalising feedback and suggestions. There was also a commitment by many of the Task Force participants to be involved in future engagement.
The Geelong Central Business District (CBD) Engagement Task Force – Findings Report (Attachment 2) provides the detailed suggestions of options for Council to consider.
Should Council request for any suggestions to be explored or evaluated further, it would be appropriate that further engagement take place with government, businesses, advocacy organisations and property owners along with other community stakeholders, including residents, visitors, community groups and not-for-profit organisations.
Councillor Kontelj moved, Councillor Moloney seconded -
That Council:
thank and note the advice, feedback and suggestions from the Task Force contained in the Geelong CBD Engagement Task Force - Findings Report (Attachment 2), which identified the four topics of:
public transport servicing;
on and off-street parking;
Central Geelong Marketing Committee and Levy; and
commercial rates;
requests the Chief Executive Officer by 23 February 2021 draft Terms of Reference for Council’s consideration to establish an ongoing engagement process to be conducted three times per year with members of the original Geelong CBD Task Force regarding the four topics in 9.1 in order to provide Council with feedback regarding Geelong’s CBD precinct; and
officers, when presenting future reports to Council on the four topics in 9.1, consider and reference the advice and feedback from the Geelong CBD Task Force Report in their recommended initiatives to Council.
Carried.
The Geelong Central Business District (CBD) Engagement Task Force advice, feedback and suggestions have financial impacts on the City and will require further analysis relating to financial implications.
The eligibility criteria for the Task Force required participants to own or operate a business in the 3220 postcode; and/or own a commercial property in the 3220 postcode; and, not to be a current member of the Central Geelong Marketing Committee. The nomination process was co-ordinated on the City’s Have Your Say online platform
Thirty-one eligible members were accepted onto the Task Force following a validation process based on the eligibility criteria.
Should Council request for any suggestions to be explored or evaluated further, it would be appropriate that further engagement take place with government, businesses, advocacy organisations and property owners along with other community stakeholders, including residents, visitors, community groups and not-for-profit organisations.
COVID-19 impacts all of our community with some segments impacted more significantly and with increased risk in health and/or financial terms. As Geelong navigates through the pandemic and plans its move towards recovery, it is important to support a healthy, active and thriving CBD.
Should Council request for any suggestions to be explored or evaluated further, social equity considerations will need to be assessed relating to specific initiatives.
The topic areas relate to several Strategies, Plans, Policies and Frameworks as outlined in the five fact sheets in Attachments 3-7. These include Revitalising Central Geelong Action Plan, Central Geelong Structure Plan, Urban Design Guidelines, Smart City Framework (under development), Draft Central Geelong Parking Strategy (under development), Commuter Car Parking Strategy (under development), Activity Centre Zone Planning Framework Review (under development), Draft Connection and Movement Plan (under development), Bus Services Review (led by Department of Transport), Network Operating Plan Review (led by Department of Transport), Central Geelong Marketing Strategic Plan, Central Geelong Marketing Annual Activities Plan and the City of Greater Geelong Budget and Rating Strategy.
Some feedback and suggestions can be considered and implemented by the City whereas other suggestions will require the City to take on an advocacy role as the responsibility sits with other levels of government.
The advice, feedback and suggestions outlined in the Geelong CBD Engagement Task Force – Findings Report, align directly to the strategic priorities outlined in the Council Plan 2018-22 with regard to ‘A Thriving and Sustainable Economy’, ‘Informed Social Infrastructure and Planning’, ‘Growing our Tourism and Events’, and ‘Integrated Transport Connections’.
No City officer involved in the preparation of this report has declared a general or material interest in this matter.
COVID-19 presents many risks to the community and businesses. As the City navigates through the current challenges and toward a recovery post COVID-19, it is extremely important we transition out of the pandemic environment with a healthy and active CBD.
A further risk assessment would be conducted should Council request for specific initiatives to be explored and evaluated further.
The advice, feedback and suggestions relating to the priority topic areas of public transport servicing the CBD and on and off-street parking in the CBD would require further assessment in relation to environmental implications, should Council request for specific initiatives to be explored and evaluated further.
Source: |
Community Life – Healthy Communities |
Director: |
Robyn Stevens |
To present an annual report to Council on the work of the Kilangitj Aboriginal Advisory Committee, Access & Inclusion Advisory Committee, the Multicultural Action Plan Advisory Committee and the Women in Community Life Advisory Committee.
Advisory committees play a significant and meaningful role supporting Councillors by providing specialist advice on community and Council priorities within their respective portfolios across the municipality. Advisory Committees have no executive authority.
The Kilangitj Aboriginal Advisory Committee, Access & Inclusion Advisory Committee, the Multicultural Action Plan Advisory Committee and the Women in Community Life Advisory Committee, with support from the Community Life Directorate, operate within their terms of reference and set the following strategic priorities:
identifying barriers to participation and inclusion in community and civic life;
providing advice to Council on social equity principles of access, diversity, inclusion and equality, and regarding the future direction of the committees; and
providing advice and information to Council on social and political trends relevant to the City's key priorities.
During the past 12 months, the activities of the committees have been somewhat challenged due to the COVID-19 pandemic and associated restrictions, however, have continued to meet virtually providing meaningful advice to Councillors and staff.
Some key achievements that recognise the work of the committees include the development of Council’s first Reflect Reconciliation Action Plan; a strategy developed to increase the number of Accessible Adult Change Facilities; hosting a successful International Women’s Day event; and increased support to CALD communities throughout the COVID-19 pandemic amongst many other activities and achievements as outlined in Attachment 2.
A ‘Strengthening Council Advisory Committees’ project has been undertaken in 2020 with all Council Advisory Committees (CAC) actively participating. The outcomes will establish a consistent strategically aligned framework and foundation to maximise the contribution of the CACs and their members.
Councillor Mansfield moved, Councillor Masonseconded -
That Council acknowledge the work of all Advisory Committees and note the collective annual report for the four Community Life Council Advisory Committees.
Carried.
Activities related to the work of advisory committees are funded by relevant departments within existing resources and budget. Any actions that require additional funding will form a business case as part of the annual budget process.
The advisory committees comprise community representatives and a range of organisations and stakeholders.
Council advisory committees play a significant and meaningful role supporting Councillors by providing specialist advice on community and Council priorities. Advisory committees have strategic alliance and alignment to council objectives, Councillor Portfolios, the Council Plan and / or a Municipal Public Health and Wellbeing Plan priority.
The work of the advisory committees aligns with:
The City of Greater Geelong Community Engagement Policy;
The Victorian Charter of Human Rights and Responsibilities (2006);
Reflect-Reconciliation Action Plan 2020;
Access & Inclusion Action Plan 2018-2022;
Ba-gurrk Gender Equity Framework 2019-2022; and
Multicultural Action Plan 2018-2022.
The actions of the advisory committees align with City’s key priority in the Council Plan of ‘Creating a more inclusive and diverse community’ and with the City’s Municipal Public Health and Wellbeing Plan.
No Council officers or contractors who have provided advice in relation to this report have declared a conflict of interest regarding the matter under consideration.
There are no high or extreme risks arising from the subject of this report.
There are no environmental implications arising from the subject of this report.
Source: |
Customer & Corporate Services – Property, Procurement and Assets |
Director: |
Michael Dugina |
To provide a report and recommendation to Council following the issue of the public notice of the intention to sell the land being certificate of title volume 9332 folio 123, addressed as part 11 McHarry Court, Corio. Refer Attachment 3 for location.
Consideration of the potential future sale of this land originated from the Council meeting on 25 November 2014 when, while considering rezoning the adjacent land, the Council resolved that “Officers prepare a report on the sale and rezoning of Connections Park East (BMX Site)”.
This led to the Planning Scheme Amendment C330 - a Council initiated amendment which rezoned Connections Park East, Corio from the Public Park and Recreation Zone to the General Residential Zone Schedule 1 – this is the parcel known as part 11 McHarry Court, Corio although the parcel of land connects to Welch Court, Consedine Court, Kilpatrick Court, and Goodwin Court, Corio.
When the Council adopted Amendment C330, the report noted that:
“Rezoning of the site to a residential zone will improve Council’s ability to attract investment in a challenging urban renewal precinct that will also see the redevelopment of the adjacent former Rosewall Primary School land. The long-term strategy to redevelop Connections Park East for residential use complements other renewal projects that will bring significant benefits for the local community. These include redevelopment of the former primary school land, sporting improvements to Flinders Peak Reserve, development of the Hendy Street Family Hub and the redevelopment of the Rosewall Neighbourhood House. The retention of the western part of Connections Park at over 1.3 hectares, with established playground equipment and neighbouring the Rosewall Neighbourhood House, will adequately serve local open space needs. The loss of the site as designated open space in the Planning Scheme will not adversely impact on the community”.
At its meeting of 12 May 2020, the Council resolved to commence the process to sell the property by giving public notice and inviting submissions, requiring that, if submissions were received, a further report will be put to Council.
Public notice was issued in accordance with sections 189 and 223 of the Local Government Act (Act) and submissions were invited.
Six submissions were received and a full copy of each has been provided to the Councillors, as well as a summary on Attachment 2.
No submitter requested to be heard by a submissions review panel.
In considering the submissions, it is noted:
The reserve is poorly situated and suffers from a lack of passive surveillance and safety concerns. Redevelopment of the surrounding land will address the objectives within the Corio Norlane Structure Plan 2012 of creating improved access and visibility of the remaining part of Connections Park located to the West.
The report presented to the Council meeting of 16 February 2016 noted “the long-term strategy to redevelop Connections Park East for residential use complements other renewal projects that will bring significant benefits for the local community”.
The report also noted that “The retention of the western part of Connections Park at over 1.3 hectares, with established playground equipment and neighbouring the Rosewall Neighbourhood House, will adequately serve local open space needs. The loss of the site as designated open space in the Planning Scheme will not adversely impact on the community”.
The Council has recently completed the $3.76m construction of the Rosewall Community Centre which provides a meeting point for community groups, adult education classes and social gatherings and art activities.
The ‘reserve’ status on the certificate of title will need to be removed by a planning permit prior to sale so the land can be developed in accordance with the General Residential Zone.
The nearby property, formerly the Rosewall Primary School, is likely to be sold by the State Government and be a complementary redevelopment opportunity to the City’s land.
Councillor Grzybek moved, Councillor Aitken seconded -
That Council:
Consider the submissions received;
Determine that the land addressed as at part 11 McHarry Court, Corio, being certificate of title volume 9332 folio 123, is surplus to its requirements and sells the property on the following terms and conditions:
The ‘reserve’ status is removed from the land by way of a planning permit;
The land be sold by public process and the net proceeds from the sale to be directed to improvements in open space in accordance with Section 24A (8) of the Subdivision Act 1988;
The price being no less than a certified valuation of the land obtained no more than 6 months prior to the date of sale; and
Other appropriate terms and conditions; and
Authorise the Chief Executive Officer or approved delegate to sign all documents relating to the sale of the property;
Seek to have funding for the Masterplan be considered as part of the 2021-22 budget process for the remaining open space identified in the original Corio Norlane Structure Plan 2012 – former Rosewall School Concept Plan, including such elements as: community garden, skate park and other interactive elements considered appropriate by the local community and Council.
Carried.
The sale of the property will reduce the financial impact of maintaining land which is surplus to the City’s needs. The proceeds from the sale will provide a positive financial benefit.
The costs associated with the sale such as removing the reserve status, property valuations and sales commission will be offset against income.
Community engagement has been completed in accordance with sections 189 and 223 of the Local Government Act 1989. Consideration of public submissions is a requirement of the Council.
The proposal has been considered against the Social Infrastructure Plan: Generation One 2020-2023 which identifies the needs of the community and sets investment priorities for infrastructure and services such as kindergartens, parks and playgrounds. These services are located in the neighbourhood and are accessible to residents.
The Greater Geelong Planning Scheme Municipal Strategic Statement includes local policy Clause 21.18 Corio Norlane, which outlines key issues facing Corio and Norlane including a stagnant residential population, low housing densities, ageing housing stock and a lack of quality, usable public reserves.
Section 189 of the Act requires that Council give public notice of its intent to sell the property in accordance with section 223 of the Act. This requirement has been completed.
Section 189 of the Act requires that Council must obtain a valuation of the property from a suitably qualified property valuer which is made not more than 6 months prior to the sale.
While zoned as General Residential 1, the title description for part 11 McHarry Court, Corio identifies the property as a reserve. The title status can be amended in accordance with Section 24A of the Subdivision Act 1988 prior to the sale of the property.
Section 24A (8) of the Subdivision Act requires that:
If a body sells land under this section that was public open space, it must apply the proceeds:
first, in paying the expenses of or incidental to the sale; and
secondly, for any of the following recreational or cultural purposes:
halls and public buildings;
sport, recreation, leisure and arts;
parks, gardens and reserves;
libraries and museums;
historic buildings and places; and
public entertainment.
The sale of a property which is no longer required by the City aligns with the strategic priority of organisational leadership, strategy and governance and its key priority of ‘proactively managing our assets, including land holdings’.
No City officer involved in the preparation of this report has declared a general or material interest in this matter.
There are no notable risks associated with implementation of the recommendations.
There are no environmental issues identified with selling the property.
Key points made within the submissions are summarised below:
Submission 1. Land owned by Government should not be sold and, being a large lot, this site is irreplaceable. Suggested uses for the site include, plant a native bush reserve, expand the community garden located in the Rosewell community centre, another playground, a cricket wicket, or a fenced in dog off lead area or leaving the area as an open field.
Submission 2. As a low social economical area with stretched resources, building more houses will stress support services. The park land is currently used extensively by the local communities, families and children. It is a safe enclosed area for families and young children, ideal for kicking a football, learning to ride a bike or plying games. The state government is investing $154 million parkland in Melbourne, because of the benefits to peoples mental and physical health so it is not in the communities’ best interest to sell the land for houses that can never get bought back.
Submission 3. Would like to use as a family friendly community space, with a community garden to bring the community together and encourage the community to use fresh food. with the community centre including in their programs. A big park would be beneficial with a sitting area for families; a BBQ area, a small bike jump/scooter jump.
Submission 4. Considering the location, it could be a community garden or orchard, managed by a community group or local residents so the City wouldn't have to manage the upkeep as much as a normal park or reserve. The council report says there are no social equity concerns when it is well known that the Corio and Norlane areas experience significant food security issues. Selling will be to the detriment of the local community.
Submission 5. This should be retained as a linear reserve with walking/cycling trail to link the neighbourhoods, a wide area and well-lit for at night. Around the neighbourhood centre a community garden could be established to grow produce and produce seedlings for future plantings in the community.
Submission 6. Suggests using land to grow the support and arts in the Northern Suburbs of Geelong, for example, it would be ideal to build a new venue for a community arts centre designed for disability, Geelong's northern demographic and struggling independent artists such as CentreStage, Australia's largest amateur theatre company currently based in North Geelong.
Source: |
Customer & Corporate Services – Property, Procurement and Assets |
Director: |
Michael Dugina |
To recommend Council resolve to sell part 137 Mercer Street, Geelong marked as Lot 2 on proposed Plan of Subdivision PS834010W (Proposed Lot 2).
In October 2019 the Council undertook the statutory process required under section 189 of the Local Government Act 1989 for the proposed sale of land at 137 Mercer Street, Geelong, which was to be sold as part of the development of the Civic Accommodation Precinct. Council resolved to sell that land at its meeting on 26 November 2019. The configuration of the land that was resolved to be sold is shown in the plan in
Attachment 2 (Original Configuration).
The final design of the Council accommodation building and basement area, and the acquisition of adjoining Crown land made it necessary to alter the Original Configuration of the design, necessitating the need for a new statutory process for the sale of the revised lot. The revised Lot is depicted in Attachment 3 and comprises Lot 2 of 1752m2 at ground level and also the entitlement to airspace of 13m2 as depicted in Diagram 4 of Attachment 3.
At the Community Focus Council Meeting on 8 September 2020, Council approved the commencement of the statutory process and notice was given under section 189 of the Local Government Act 1989 of its intention to sell the land as described in Attachment 3.
Public notice of the proposed sale, inviting submissions, was issued on the 26 October 2020, and no submissions were received.
Approval is now sought for the sale to Quintessential Equity 047 Pty Ltd (or its nominee).
In accordance with the Local Government Act 1989 an independent certified valuation of the proposed Lot 2 has been obtained. The sale price exceeds the valuation. The sale of Lot 2 will fund the acquisition of other parcels of land acquired in the precinct.
Council will retain ownership of Lot 1 in the precinct.
Councillor Harwood moved, Councillor Grzybek seconded -
That Council:
Note that no submissions have been received in relation to the proposed sale of part of the land at 137 Mercer Street, Geelong;
Approve the sale of the land to Quintessential Equity 047 Pty Ltd (or its nominee) for an amount not less than its independent market valuation; and
Authorise the Chief Executive Officer to sign the Contract of Sale and any other documentation required to facilitate the sale of the land to Quintessential Equity 047 Pty Ltd (or its nominee).
Carried.
The offer to purchase this property was part of the successful negotiated development agreement relative to the establishment of Council’s Civic Accommodation Precinct. The land will only be sold in order to reconfigure the development parcel to realise the best value and approved design outcome for Council. The sale of the land will fund other land acquisitions in the new precinct. The sale price has been adjusted to compensate the City for the increase in area in the revised configuration. The sale price exceeds the independent certified valuation obtained for the lot.
A public submissions process under s223 of LGA89 was required for the proposed sale outlined in this report. This provided an opportunity for the community to provide its feedback to the Council on the proposed sale.
The submissions process was conducted between 26 October 2020 and 27 November 2020. No submissions were received.
There are no social equity issues associated with this matter.
The statutory process under Section 189 of the Local Government Act 1989 requires public notice be issued and a valuation obtained from a suitably qualified property valuer which is made not more than 6 months prior to the sale and give public notice of its intention to sell the land and consider any submissions received.
Planned Sustainable Development – Managing the impact of development – the development of the Civic Precinct will achieve the highest environmental standards in design, energy, waste and water usage. The development has a six star – green star design. The sale of this property will assist the City in achieving the optimum outcome for its new Civic Precinct and is required to ensure a proactive approach to managing the City’s assets including land holdings.
No City officer involved in the preparation of this report has declared a general or material interest in this matter.
The Civic Precinct development has been subject to detailed risk management and it is considered the realignment of lot 2 from that originally proposed is a more suitable and required design outcome.
The City’s new office in the Civic Precinct will achieve the highest environmental standards in design, energy, waste and water usage.
Source: |
Customer & Corporate Services – Property, Procurement and Assets |
Director: |
Michael Dugina |
To recommend the Council resolve to deviate part of Corio Street, Geelong to a new road off Bayley Street, Geelong (as shown in Attachment 2) to enable construction of a carpark entrance off Corio Street to the future Civic Precinct.
The Civic Precinct strategy for 137 Mercer Street proposes the deviation of part Corio Street, at the rear of 151 Mercer Street, and the creation of a road from Bayley Street into the Civic Precinct. Attachment 2 shows the detailed location plan of the relevant parcels of land.
Council resolved at its Community Focus Council Meeting held on 8 September 2020 to give notice under section 223 of the Local Government Act 1989 (LGA89) inviting submissions to the proposed deviation of approximately 147m2 of Corio Street, Geelong to a road off Bayley Street, Geelong.
Corio Street is a Government road on Crown land.
Council has the power under Clause 2 of Schedule 10 of the LGA89, to deviate a road, including a road on Crown land. Ministerial consent is required where a road on Crown land is proposed to be deviated onto land which is not Crown land.
Public notice was issued and submissions invited. No submissions were received.
Consent to the deviation is required from the Minister of Energy, Environment and Climate Change, prior to publishing the notice in the Victoria Government Gazette completing the deviation process. The request for consent will be supported by a Council resolution for the deviation.
Councillor Murrihy moved, Councillor Grzybek seconded -
That Council:
Resolve to deviate part Corio Street (approximately 147m2) to a road off Bayley Street, Geelong as shown in Attachment 2;
Request consent from the Minister of Energy, Environment and Climate Change for the deviation; and
Subject to receipt of Ministerial consent, authorise the Chief Executive Officer to publish a notice in the Victorian Government Gazette detailing the deviation.
Carried.
There will be nominal costs for publishing the gazette notice.
There are no additional financial implications in the deviation and submissions process.
The new road construction forms part of the Civic Precinct development and no additional costs will be incurred as a result of this proposal.
A public submissions process under s223 of LGA89 was required for the proposed deviation outlined in this report. This provided an opportunity for the community to provide its feedback to the Council on the proposed deviation.
The submissions process was conducted between 26 October 2020 and 27 November 2020. No submissions were received.
There are no adverse social equity impacts created as a result of this road deviation.
Council has the power to deviate a road under Clause 2 of Schedule 10 of LGA89, by notice published in the Government Gazette, subject to obtaining the consent of the Minister for the deviation of a road on Crown land to land that is not Crown land.
Improved Health and Safety – Providing safer public places. As part of the Civic Precinct development, the deviated road will provide greenspace to be incorporated which will be an inclusive and inviting environment for the public and the new road will provide safe service access to the area.
Informed Social Infrastructure and Planning – Maintaining our public open space by providing more accessible public urban space.
Planned Sustainable Development – Managing the impact of development – the development of the Civic Precinct will achieve the highest environmental standards in design, energy, waste and water usage. The development has a six star – green star design. The entrance to the underground carpark is an example of ensuring sensitive design with minimal impact in accordance with the City’s ambition to position Geelong as a leader in innovative and sustainable design.
Leadership, Strategy and Governance - the Civic Precinct will achieve the objectives set out in Council Plan to consolidate the City of Greater Geelong offices into a civic centre accessible to the public in a central location. The underground carpark will assist with the provision of car parking and the entry to such is required to be designed to ensure the purpose is achieved in a sustainable and aesthetic way.
No City officer involved in the preparation of this report has declared a general or material interest in this matter.
The Civic Precinct development has been subject to detailed risk management and it is considered the proposed deviation of the road is a more suitable and required design outcome.
The City’s new office in the Civic Precinct will achieve the highest environmental standards in design, energy, waste and water usage.
Source: |
Customer & Corporate Services – Financial Services |
Director: |
Michael Dugina |
To adopt the Debt Management Policy.
The Debt Management Policy (the policy) requires review every four years.
The policy was reviewed and Version 4 ( Attachment 2) was presented to the Policy Review Committee (PRC) at a meeting on 14 February 2020. The PRC endorsed the policy and recommended it be presented to the Executive Leadership Team (ELT) for approval.
At a meeting on 14 October 2020 the ELT approved the policy to be presented to Council for endorsement.
Key changes to the policy include:
Refinement of wording to update General Manager authorities and responsibilities to Director Customer and Corporate Services;
Within the policy Section 2 Scope the terms ‘General Rates and Differential Rates’ has been replaced with the term ‘Rates’, and ‘Special Charges’ has been replaced with ‘Special Rates and Charges’;
Under the recovery of outstanding debt, the word ‘should’ has been replaced with the word ‘will’;
Fire Services Property Levy Act 2012 has been added as a reference to the policy;
Rates Assistance and Hardship has been added as a reference to the policy; and
The policy has been updated in the new corporate template.
Councillor Aitken moved, Councillor Sullivan seconded -
That Council adopt the Debt Management Policy (Attachment 2).
Carried.
There are no financial implications arising from the subject of this report.
There are no community engagement implications arising from the subject of this report.
Updating the City’s policies will ensure social equity considerations within those documents that are reviewed and improved.
The proposed policy and procedure will support the organisation to comply with statutory requirements and improve the quality of governance arrangements across the City.
The proposal supports the strategic priority Innovative Finances and Technology where one of Our Actions for 2020-21 is to continue to review our internal processes and services to find and implement efficiencies.
No council officers or contractors who have provided advice in relation to this report have declared a conflict of interest regarding the matter under consideration.
There are no risk assessment implications arising from the subject of this report.
There are no environmental implications arising from the subject of this report.
Source: |
Governance, Strategy & Performance - Governance |
Director: |
Rebecca Leonard |
To seek Council endorsement of the schedule of Council meeting dates for 2021.
Council must establish an appropriate schedule of meetings to ensure the business of Council is completed effectively.
Council establishes the schedule of meeting dates so the community is aware of the upcoming dates and times of these decision-making forums of Council and also to ensure arrangements are made to conduct each meeting.
Attachment 2 sets out the schedule of 2021 Council meetings which are to be held monthly.
The schedule shows that Council Meetings in 2021:
are generally planned for the fourth Tuesday of each month. Exceptions to this are the January meeting deferred until February and the December meeting, which is held on the second Tuesday of that month; and
are set to commence at 6:00pm at either the Council Chambers, City Hall, Geelong or off-site, subject to COVID-19 Directions, at locations to be determined and advertised.
The proposed schedule has been developed to adapt to the impacts of COVID. Meetings will continue to be live streamed and recorded to provide public access to meetings, particularly where a limited number of people are able to attend a meeting in person.
The Council also plans to bring its meetings to the community by holding meetings at a venue throughout the municipality four times each year. This continues the Council’s focus on transparency and accessibility to its decision making.
As well as holding off-site meetings, a range of new ways for Councillors to meet with their community in their wards will commence in 2021, including ‘Listening Posts’ where residents will be invited to ask questions and hear from Councillors and City officers on issues that relate to their local community. These events will be advertised and communicated in the new year, again, subject to COVID-19 Directions.
Councillor Moloney moved, Councillor Sullivan seconded -
That Council endorse the schedule of Council meeting dates for 2021 listed in Attachment 2.
Carried.
Costs associated with conducting meetings, such as live streaming, or venue or equipment hire at remote locations, are included in the Council budget.
Provision of meetings at locations other than City Hall together with internet live streaming of City Hall meetings will enhance community participation in Council decision-making processes.
Information in relation to Council meetings is available on the Geelong Australia website and will be advertised in local media.
The proposal continues to provide for improved access for community participation in the decision-making processes of Council.
All meetings are conducted subject to the applicable COVID-19 Directions in place.
This proposal complies with the provisions of the Public Question and Submission Time Policy, the Governance Rules and the Election Period Policy.
The COVID-19 Omnibus (Emergency Measures) Act 2020 amends Part 12 of the Local Government Act 2020, allowing Council to conduct virtual meetings until 26 April 2021.
The proposed meeting schedule aligns with the commitment to transparency made by the Council in its Transparency Policy adopted in 2020.
The recommendation supports the Council Plan strategic priority of organisational leadership, strategy and governance by supporting the key priority of communicating and engaging more effectively with the community, in areas of need.
No City officers who have provided advice in relation to this report have declared a conflict of interest regarding the matter under consideration.
There are no significant risks associated with the matter under consideration.
There are no environmental implications identified for the subject of this report.
Meetings to commence at 6:00pm.
Tuesday, 2 February 2021 |
Council meeting |
Tuesday, 23 February 2021 |
Council meeting |
Tuesday, 23 March 2021 |
Council meeting |
Tuesday, 27 April 2021 |
Off-site Council meeting |
Tuesday, 25 May 2021 |
Off-site Council meeting |
Tuesday, 22 June 2021 |
Council meeting |
Tuesday, 27 July 2021 |
Council meeting |
Tuesday, 24 August 2021 |
Council meeting |
Tuesday, 28 September 2021 |
Council meeting |
Tuesday, 23 November 2021 |
Off-site Council meeting |
Tuesday, 26 October 2021 |
Off-site Council meeting |
Tuesday, 14 December 2021 |
Council meeting |
Source: |
Governance, Strategy & Performance – Governance |
Director: |
Rebecca Leonard |
To appoint City Officers as authorised officers under the Planning and Environment Act 1987 (P&EA).
City officers are appointed as authorised officers to exercise statutory powers under various Acts and regulations. Appointments as authorised officers are to individual staff members.
The P&EA regulates enforcement and is reliant on authorised officers acting on behalf of the responsible authority (Council)
Where there is a specific power within an Act, Council should appoint authorised officers pursuant to that Act. This is the case for the P&EA.
Two planning staff members have recently been employed by the City and are required to be authorised under the P&EA.
Attachment 2 sets out the Instrument of Appointment and Authorisation under the P&EA and lists the staff members to whom this authorisation applies (instrument).
Councillor Grzybek moved, Councillor Harwood seconded -
That Council:
Members of City staff referred to in the instrument (Attachment 2) be appointed and authorised as set out in the instrument;
The Instrument comes into force immediately upon the resolution of Council; and
The Instrument be signed by the Chief Executive Officer on behalf of Council.
Carried.
There are no financial implications arising from the subject of this report.
Relevant City Managers have been consulted regarding this recommended appointment and authorisation.
There are no social equity implications arising from the subject of this report.
The recommended appointment and authorisation of the staff members complies with the relevant provisions of the P&EA and the Local Government Act 2020.
The recommended appointment and authorisation of the staff members supports the delivery of Council planning services.
No City officers who have provided advice in relation to this report have declared a conflict of interest regarding the matter under consideration.
There are no significant or high risks associated with the subject of this report.
There are no environmental implications arising from the subject of this report.
Councillor Kontelj declared a Conflict of Interest in the following report and left the meeting room at 8:33pm prior to discussion of the item.
Source: |
City Services - Customer & Corporate Services |
Director: |
Michael Dugina |
To establish a contract panel based on an agreed schedule of rates for the ‘Supply of Concrete and Concrete Works’ within the municipality of the City of Greater Geelong.
The current contract is due to expire on 16 December 2020.
To facilitate the ongoing supply of concrete and concrete works, the Procurement Unit undertook a public tender (Tender T2000065) on behalf of the Engineering Department.
The annual budget allocated for this contract is $10,000,000 (ex GST).
Based on the volume required to deliver the supply of concrete and concrete works it was decided to appoint a panel of up to 12 suppliers.
At tender close the City received fourteen submissions.
The submissions were evaluated in accordance with the processes detailed in the City’s ‘Procurement and Contracts Manual’.
Subject to Council awarding the contract, the service will commence 17 December 2020.
Councillor Mason moved, Councillor Moloney seconded -
That Council:
Award Panel Contract C2000051 for the Supply of Concrete and Concrete Works, for 12 months (with a further 1 x 12-month extension option) based on the tendered schedule of rates to the following preferred tenderers; and
TENDERER |
ABN |
|---|---|
Armstrong Creek Concreting & Outdoor Construction Pty Ltd |
43 158 936 193 |
CCP Group Pty Ltd |
55 182 492 980 |
The Walters Business Trust t/a CJ Walters Concreting Pty Ltd |
74 981 001 931 |
Matt Loader Pty Ltd t/a Geelong Industrial Maintenance |
23 087 711 108 |
Coppards Concrete Construction Pty Ltd |
21 625 823 707 |
Fulton Hogan Industries Pty Ltd |
54 000 538 689 |
Norris Plant Hire Pty Ltd t/a Norris Construction Group |
17 007 218 108 |
Fibre Tech Services Pty Ltd |
50 152 633 960 |
The O’Toole Family Trust t/a Urban Elements Landscapes |
44 760 189 116 |
Defran Concreting Pty Ltd |
77 145 379 791 |
Vince and Anna Rotiroti Pty Ltd |
44 161 682 891 |
The Kerbing Settlement t/a Geelong Kerbing |
47 691 827 365 |
Authorise the Chief Executive Officer to execute Contract No. C2000051 and any other documents required by or to give effect to the terms of the Contract on behalf of Council.
Carried.
The current budget allocation for the supply of concrete and concrete works is $10,000,000 p/a (ex-GST).
Most of the tenderers are Geelong owned and operated, all have employees that live in the region and all have committed to sourcing locally wherever possible providing significant local employment and economic benefits to the Geelong community.
This tender was publicly tendered in accordance with the requirements of section 186 of the Local Government Act 1989 and the tender process has been conducted in accordance with Council’s Procurement Policy.
Confidential information contained in this Council Report will be managed in accordance with Section 89(2) of the Local Government Act 1989, as the information relates to contractual matters and premature disclosure of the information could be prejudicial to the interests of Council or other persons.
This service aligns with the Council Plan 2018-22 Strategic Priority - A Thriving and Sustainable Economy, where one of the key priorities is to support and promote across the region, local businesses, markets and products. It also supports the Strategic Priority – Innovative Finances and Technology, where one of the key priorities is to continue to review our internal processes and services to find and implement efficiencies.
All voting members on the evaluation panel confirmed that they did not have a conflict of interest with any of the tenderers.
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.
Any environmental implications associated with this contract provision are the responsibility of the Contractor and will be managed through the contract documentation.
Contract C2000051 Supply of Concrete and Concrete Works.
The City issued Tender T2000051, closing 2:00pm Wednesday 14 October 2020, seeking to appoint a panel of contractors to deliver the City’s annual supply of concrete and concrete works based on an agreed schedule of rates.
Table 1 Invitations to Tender
2.1 Medium |
2.2 Date Advertised |
|---|---|
2.3 Geelong Advertiser |
2.4 19 September 2020 |
2.5 City of Greater Geelong website |
2.6 19 September 2020 |
The Tender Evaluation Panel (TEP) comprised the following staff.
Table 2 Tender Evaluation Panel
(a) Position Title |
(b) Panel role |
|---|---|
(c) Procurement Services Officer |
(d) Chair |
(e) Civil Project Officer |
(f) Member |
(g) Co-Ordinator Construction |
(h) Member |
(i) Manager Engineering Services |
(j) Member |
(k) OHS Advisor |
(l) Advice |
At tender close the City received fourteen (14) tender submissions.
Table 3 Tender Submissions Received
Tender |
Conforming tender |
|
|---|---|---|
A |
Armstrong Creek Concreting & Outdoor Construction Pty Ltd |
Yes |
B |
CCP Group Pty Ltd |
Yes |
C |
The Walters Business Trust t/a CJ Walters Concreting Pty Ltd |
Yes |
D |
Matt Loader Pty Ltd t/a Geelong Industrial Maintenance |
Yes |
E |
Coppards Concrete Construction Pty Ltd |
Yes |
F |
Fulton Hogan Industries Pty Ltd |
Yes |
G |
Norris Plant Hire Pty Ltd t/a Norris Construction Group |
Yes |
H |
Fibre Tech Services Pty Ltd |
Yes |
I |
The O’Toole Family Trust t/a Urban Elements Landscapes |
Yes |
J |
Defran Concreting Pty Ltd |
Yes |
K |
Vince and Anna Rotiroti Pty Ltd |
Yes |
L |
The Kerbing Settlement t/a Geelong Kerbing |
Yes |
M |
Tenderer M |
Yes |
N |
Tenderer N |
Yes |
The TEP used the following qualitative criteria (in order of weighting) to assess the submissions:
Table 4 Comparative Criteria Weighting
Comparative Criteria |
Weighting % |
|---|---|
Economic & local content contribution |
10% |
Recycled content and environment (mandatory) |
5% |
Methodology and plan |
20% |
Capability and experience |
40% |
Proposed staffing levels |
20% |
Customer service |
5% |
At the conclusion of the qualitative evaluation all submissions were deemed and capable of providing works for the City however, the TEP have determined based on the volume of work to deliver the City’s concreting program, the quality of the submissions and a value for money assessment of the tendered rates, that 12 Tenderers warrant inclusion on the contract panel.
Two tenderers were excluded as their qualitative scores and schedule of rates provided did not represent best value for money for the City.
Table 5 Tender Evaluation Scores
Tender |
Rank |
|
|---|---|---|
A |
Armstrong Creek Concreting & Outdoor Construction Pty Ltd |
Recommended |
B |
CCP Group Pty Ltd |
Recommended |
C |
The Walters Business Trust t/a CJ Walters Concreting Pty Ltd |
Recommended |
D |
Matt Loader Pty Ltd t/a Geelong Industrial Maintenance |
Recommended |
E |
Coppards Concrete Construction Pty Ltd |
Recommended |
F |
Fulton Hogan Industries Pty Ltd |
Recommended |
G |
Norris Plant Hire Pty Ltd t/a Norris Construction Group |
Recommended |
H |
Fibre Tech Services Pty Ltd |
Recommended |
I |
The O’Toole Family Trust t/a Urban Elements Landscapes |
Recommended |
J |
Defran Concreting Pty Ltd |
Recommended |
K |
Vince and Anna Rotiroti Pty Ltd |
Recommended |
L |
The Kerbing Settlement t/a Geelong Kerbing |
Recommended |
M |
Tenderer M |
Not Recommended |
N |
Tenderer N |
Not Recommended |
No post tender clarifications were required
No probity issues identified.
Councillor Kontelj re-entered the meeting room at 8:35pm.
Source: |
Community Life - Social Planning and Investment |
Director: |
Robyn Stevens |
Councillor Nelson moved, Councillor Mansfield seconded -
That Council, pursuant to the provisions of Section 66 of the Local Government Act 2020, consider this matter at the conclusion of all other business at which time the meeting be closed to members of the public because this agenda item is confidential information for the purposes of section 3(1) of the Local Government Act 2020 because it is private commercial information provided by a business, commercial or financial undertaking that if released, would unreasonably expose the business, commercial or financial undertaking to disadvantage.
Carried.
The information contained in this report is designated confidential by the Chief Executive Officer as it is confidential information for the purposes of section 3(1) of the Local Government Act 2020 because it is private commercial information provided by a business, commercial or financial undertaking that if released, would unreasonably expose the business, commercial or financial undertaking to disadvantage; and this ground applies because the agenda item contains a level of detail which if released would diminish the business’s capacity to compete in a commercial environment.
Source: |
Community Life – Social Planning and Investment |
Director: |
Robyn Stevens |
Councillor Kontelj moved, Councillor Mason seconded -
That Council, pursuant to the provisions of Section 66 of the Local Government Act 2020, consider this matter at the conclusion of all other business at which time the meeting be closed to members of the public because this agenda item is confidential information for the purposes of section 3(1) of the Local Government Act 2020 because it is private commercial information provided by a business, commercial or financial undertaking that if released, would unreasonably expose the business, commercial or financial undertaking to disadvantage.
Carried.
The information contained in this report is designated confidential by the Chief Executive Officer as it is confidential information for the purposes of section 3(1) of the Local Government Act 2020 because it is private commercial information provided by a business, commercial or financial undertaking that if released, would unreasonably expose the business, commercial or financial undertaking to disadvantage; and this ground applies because the agenda item contains a level of detail which if released would diminish the business’s capacity to compete in a commercial environment.
Source: |
Governance, Strategy & Performance – Governance |
Director: |
Rebecca Leonard |
Councillor Grzybek moved, Councillor Sullivan seconded -
That Council, pursuant to the provisions of Section 66 of the Local Government Act 2020, consider this matter at the conclusion of all other business at which time the meeting be closed to members of the public because this agenda item is confidential information for the purposes of section 3(1) of the Local Government Act 2020 because it is private commercial information provided by a business, commercial or financial undertaking that if released, would unreasonably expose the business, commercial or financial undertaking to disadvantage.
Carried.
The information contained in this report is designated confidential by the Chief Executive Officer as it is confidential information for the purposes of section 3(1) of the Local Government Act 2020 because it is Council business information, being information that would prejudice Council's position in commercial negotiations if prematurely released . This ground applies because of the sensitive and varied nature of the information received and considered by the Audit & Risk Committee from time-to-time which can pertain to external stakeholders also.
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