Council Meeting to Be Held in the Function Centre, Bunjil Place, Narre Warren

Agenda of Council Meeting to be held in the Function Centre, Bunjil Place, Narre Warren. Tuesday 2 February 2021

Commencing at 4:00 PM

Vision for the future; Australia’s most liveable city.

Chairperson: Chair of Administrators, Noelene Duff PSM Administrator: Cameron Boardman Administrator: Miguel Belmar

Chief Executive Officer: Glenn Patterson

Order of Business 1. Statement of Acknowledgement ...... 3 1.2. Reading of the Diversity Statement ...... 3 2. Confirmation of Minutes ...... 3 3. Declarations of Conflict of Interests and Personal Interests ...... 3 4. Public Question Time ...... 3 5. Officer's Reports for Consideration ...... 4 5.1. Sale of Land at 65 Berwick Cranbourne Road Cranbourne East - Cranbourne Community Hospital ...... 4 5.2. Undertake public exhibition for Tooradin Recreation Reserve Master Plan and Rutter Park Recreation Reserve Master Plan...... 9 5.3. Public Exhibition of Edwin Flack and Pearcedale Master Plans...... 20 5.4. Casey Fields Lease ...... 37 5.5. Update on Rating Matters Including Treatment of Hardship Assistance in 2020/21 ...... 45 5.6. Councillor Code of Conduct...... 50 5.7. Local Roads and Community Infrastructure Program Phase 2 ...... 67 5.8. Environmental Health Contract Variation...... 70 5.9. Contract Acceptance and Sealing No CT000543...... 74 5.10. Minutes of the Conservation Advisory Committee Meeting - December 2020 ...... 79 6. Consideration of Reports of Committees ...... 83 6.1. Record of Discussion...... 84 7. Petitions ...... 85 8. Urgent Business...... 85 9. Closed Council ...... 85

Council Meeting - 2 February 2021 Page 2 1. STATEMENT OF ACKNOWLEDGEMENT

1.2. READING OF THE DIVERSITY STATEMENT

2. CONFIRMATION OF MINUTES

3. DECLARATIONS OF CONFLICT OF INTERESTS AND PERSONAL INTERESTS

Declaration by Administrators of any Conflict of Interest pursuant to Section 130 of the Local Government Act 2020 (the Act) in any items on the Agenda Paper. (Note that Section 130(2)(a) of the Act requires Administrators to disclose the nature of a Conflict of Interest immediately before the relevant consideration or discussion). Section 130(2)(b) also requires that the Administrator declaring a Conflict of Interest exclude themselves from the decision- making process in relation to that matter.

4. PUBLIC QUESTION TIME

Council Meeting - 2 February 2021 Page 3 5. OFFICER'S REPORTS FOR CONSIDERATION Officers’ Reports

Sale of Land at 65 Berwick Cranbourne Road Cranbourne ITEM: 5.1. East - Cranbourne Community Hospital City Planning and Infrastructure Growth and Investment Kathryn Seirlis

Purpose of Report: For Council to consider the disposal of land at part of 65 Berwick- Cranbourne Road, Cranbourne East and commence the statutory procedures in accordance with the Local Government Act 1989.

Recommendation

That Council:

1. Commence the statutory procedures in accordance with the Local Government Act 1989, for the sale of part of the land located at 65 Berwick-Cranbourne Road, Cranbourne East, known as the Casey Complex, to the Victorian Health and Human Services Building Authority as shown on the attached site plan (see Attachment 1) being approximately 17,130m2.

2. Advertise the Public Notice outlining the Proposal in accordance with Section 223 of the Local Government Act 1989 including the intention to sell the land by private treaty.

3. Consider any submissions lodged in response to the public notice under Section 223 of the Local Government Act 1989 at a future meeting, the time, date and place for which shall be arranged by the Chief Executive Officer.

4. Receive a further report following the completion of the procedures under section 223 of the Local Government Act 1989 once the public notice period has closed.

Officer General or Material Interest

No Council officers involved in the preparation of this report have a general or material interest in matters for consideration.

Council Plan Reference

2. A place to prosper 2.2 A thriving economy with local jobs, investment and new industries

Council Meeting - 2 February 2021 Page 4 Executive Summary

Victorian Health and Human Services Building Authority (VHHSBA) approached Council to identify a potential location for a new Cranbourne Community Hospital which will provide a range of health services for the community closer to home.

A site for the Hospital has been identified within the Casey Complex at 65 Berwick-Cranbourne Road, Cranbourne East. The land is zoned Activity Centre Zone and thus is suitable for VHHSBA to purchase and develop as proposed.

To progress the project, Council needs to enter into a formal process for the disposal of the subject land under the Local Government Act and approval to proceed is now sought.

Background

The Department of Health and Human Services contacted Council in March 2019 seeking to locate a new community hospital in Cranbourne, as part of the State Government’s commitment to build ten new community hospitals close to major growth areas in Victoria. A number of potential sites were proposed by Council for consideration by VHHSBA.

In the 2020 State Budget, Cranbourne was identified as one of the 10 locations within the $66 million commitment to acquire land and continue planning for the Community Hospital program.

The proposed Community Hospital will be managed by Monash Health and services will include early intervention, primary and community care, as well as a focus on paediatric care, chronic disease management programs, and day hospital services. These proposed services will provide the surrounding community access to health services closer to home, without travelling to major hospitals for treatment.

Council officers have been working with VHHSBA to identify a suitable site for the Hospital within Cranbourne. VHHSBA’s preferred site, which has been endorsed by the Minister for Health, is a 17,130m2 parcel of Council owned land, located at 65 Berwick Cranbourne Road, Cranbourne East (known as the ‘Casey Complex’) (see Attachment 1).

The proposal is one of Council’s Strategic Utilisation of Council Owned Land (SUCOL) program projects. The SUCOL program seeks to take advantage of select assets in the Council property portfolio that are underutilised and / or capable of a more strategic use or redevelopment opportunity.

Council and VHHSBA subsequently entered into a Heads of Agreement on 9 November 2020 (refer to Confidential Attachment 2), agreeing to progress more substantial investigations into the feasibility of the Hospital locating within the precinct.

Master Planning

Council officers have been working with VHHSBA on the development of their Master Plan for the site. A key matter being worked through is the transport access and movement for the site and the potential traffic implications.

Access from Berwick-Cranbourne Road via the proposed Western Road is being investigated as an option to access the site (refer Attachment 1), and Council has been supporting VHHSBA’s advocacy to Major Road Projects Victoria (MRPV) for the potential delivery of this intersection. These discussions and associated design works are ongoing and are subject to change pending further transport modelling and investigation.

Council Meeting - 2 February 2021 Page 5 The existing parking in the precinct will also be affected by the proposed Hospital as well as by future development. To mitigate this a parking study is underway to understand the impact and possible solutions.

The identified site incorporates the Balla Balla Community Centre, which would be displaced should the Hospital development proceed. Council has ensured that Balla Balla will remain in situ and operational for up to 10 years and will continue to engage with the Centre regarding the proposal.

Furthermore, Council officers have been working with VHHSBA and consulting with other surrounding tenants to ensure that the proposed development minimises disruption to their ongoing operations.

Legislation/Legal

Under section 5(2)(d) of the Local Government Act 1989 (The Act), Council is able to acquire, hold, deal with or dispose of property for the purpose of performing its functions and exercising its powers.

Council’s power to sell land is authorised under Section 189 of the Local Government Act 1989. The section requires Council to:

1. Give public notice of its intention to sell land at least 4 weeks prior to selling land and inviting submissions on Council’s proposal that will be considered under section 223 of the Local Government Act 1989.

2. Obtain a market valuation of the land from a qualified valuer that is not more than 6 months old at the date of sale.

Council’s acting solicitor will prepare the necessary documentation under the relevant Act

Community Engagement

Initial engagement sessions with the impacted tenants within the Casey Complex took place in November and December 2020.

Council has been continuing to engage with Balla Balla Community Centre as a priority, given that they would be displaced within 10 years as a result of the proposed staging of the Hospital development.

Community engagement will be carried out in accordance with s.223 of the Local Government Act 1989 following a resolution by Council.

Separately, VHHSBA have established a Community Consultative Committee with a cross section of community members to provide a forum to participate in the Hospital’s planning and development.

Financial Implications

Costs associated with the land disposal process, including legal costs, have been budgeted for in the Growth and Investment Department’s 2020-2021 operational budget.

The market value of the subject land will be assessed by Council’s contracting valuer and the consideration for the proposed sale would be at this valuation. The recommendation/s for the proceeds from the proposed sale will be addressed in subsequent Council Reports but are likely to be reinvested in the local community to support the provision of community infrastructure in Cranbourne.

Council Meeting - 2 February 2021 Page 6 Conclusion

Council officers will continue to work with VHHSBA to develop their Master Plan for the site. The access and movement strategy for the Hospital and the valuation of the proposed site are key matters to be resolved.

The proceeds from the sale of land to VHHSBA for the development of the Hospital would enable Council to provide community facilities for the current and future population of Cranbourne.

Following the approval to proceed with the sale of land process, Council would commence the formal statutory process of the intention to dispose of the land. These next steps include advertising public notice of the proposed sale and inviting the community to make submissions, and a further Council report for Council to consider any submissions/objections and make a determination on the disposal of the subject land.

Attachments

1. Site Plan for Proposed Community Hospital Jan 2021_ [5.1.1 - 1 page] 2. CONFIDENTIAL REDACTED - Executed Heads of Agreement - Cranbourne Community Hospital [5.1.2 - 1 page]

Council Meeting - 2 February 2021 Page 7 Attachment 5.1.1

Council Meeting - 2 February 2021 Page 8 Officers’ Reports

Undertake public exhibition for Tooradin Recreation ITEM: 5.2. Reserve Master Plan and Rutter Park Recreation Reserve Master Plan City Planning and Infrastructure City and Asset Planning Keri New

Purpose of Report: To seek approval to commence Public Exhibition of the master plan reviews undertaken for Tooradin Recreation Reserve and Rutter Park Recreation Reserve.

Recommendation

That the reviewed Tooradin Recreation Reserve Master Plan and Rutter Park Recreation Reserve Master Plan be placed on four weeks public exhibition to seek community feedback prior to adoption.

Officer General or Material Interest

No Council officers involved in the preparation of this report have a general or material interest in matters for consideration.

Council Plan Reference

1. People Driven 1.2 A council whose services and facilities are driven by community needs

Executive Summary

An administrative review of the Tooradin Recreation Reserve and Rutter Park Recreation Reserve Master Plans adopted in 2015 has been undertaken to acknowledge completed works and to review outstanding works to achieve the vision and strategic direction for each reserve. These Master Plans set the vision and direction for future development of the reserves and recommends a series of projects to address feedback from key reserve stakeholders, respond to the needs of organised sport as well as broader recreational opportunities.

It is recommended that both revised Master Plans be placed on public exhibition for a four-week period to seek community feedback prior to adoption.

Council Meeting - 2 February 2021 Page 9 Background

At its meeting on 19 May 2015 Council, in endorsing Officers Report Item 6.7, resolved: That Council adopts the Tooradin and Rutter Park Recreation Reserve Master Plans.

Tooradin Recreation Reserve and Rutter Park Recreation Reserve are owned and managed by the City of Casey and provide a diverse range of formal sporting and informal recreation opportunities for residents, employees and visitors from a local and district catchment.

Tooradin Recreation Reserve has a diverse range of infrastructure to support football, cricket, netball, tennis, and BMX/skate. In addition, it has a playground, cricket training nets, pavilion and is home to the Tooradin Sports Club.

Rutter Park Recreation Reserve includes infrastructure to support football, cricket and tractor pull as well as a pavilion, a playground, cricket training nets and is a key environmental site within Casey.

Council has delivered several key projects at both sites since the adoption of the Master Plans. This includes:

Tooradin Recreation Reserve

 Tennis pavilion constructed  Accessible parking delivered  Extension of Netball shelter  Playground renewal  Cricket training net upgrade  Anglers Club demolition

Rutter Park Recreation Reserve

 Pavilion constructed  Oval upgrade completed  Sports field lighting installed  Car park extension

The reviewed Tooradin Recreation Reserve Master Plan is included in Attachment 1. The reviewed Rutter Recreation Reserve Master Plan is included in Attachment 2.

Community Engagement

Previously, through the initial development of both Master Plans, Council sought input and feedback from key stakeholders and the wider community. Council Officers have met with key stakeholders of both Reserves to seek feedback and advise of the administrative review of the Master Plans. Generally feedback from stakeholders are supportive of this review. Further feedback will be sort through public exhibition.

Council Meeting - 2 February 2021 Page 10 Public Exhibition

Council Officers recommend placing both Master Plans on public exhibition for four weeks. During that time, the local community and key reserve stakeholders will have an opportunity to review the Plans and provide additional feedback.

An ensuing report containing community feedback and the final Master Plans will be presented for adoption at a future Council Meeting.

Financial Implications

A long-term implementation plan has been prepared and outlines the indicative project costs and timing for the delivery of the Master Plans.

Tooradin Recreation Reserve

The total indicative costs to deliver the Master Plan is estimated at $1,970,000 for the following projects:

 Sealing of existing car park  Construction of additional car parking  Female friendly upgrade and pavilion renewal  Skate park upgrade  Tree shading

Rutter Park Recreation Reserve

The total indicative costs to deliver the Master Plan is estimated at $960,000 for the following projects:

 Sealing of existing car park  Car park extension  Cricket training nets upgrade  Path network connection

Funding sources to deliver the Master Plans may include consideration in Council’s Capital Works Program and applications for grant funding to State and Federal Government over the 20-year lifespan of the Master Plans.

Conclusion

Council Officers recommend the reviewed Master Plans be placed on public exhibition for four weeks to seek feedback from the broader community and stakeholders, prior to finalising and presenting the Master Plans for adoption at a future Council Meeting.

Attachments

1. Rutter- Park- Recreation- Reserve- Master- Plan- Version-1.2 [5.2.1 - 4 pages] 2. Tooradin- Recreation- Reserve- Master-plan- Version-1.2 [5.2.2 - 4 pages]

Council Meeting - 2 February 2021 Page 11 Attachment 5.2.1

Draft Rutter Park Recreation Reserve Master Plan (Version 1.2) Page 1 of 4 CASEY.VIC.GOV.AU Draft Rutter Park Recreation Reserve Master Plan Review Version: 1.2 Date updated: December 2020 Responsible Department: City and Asset Planning

1. Purpose

To outline the proposed future works for the Rutter Park Recreation Reserve Master Plan.

2. Definitions

Council means Casey City Council, being a body corporate constituted as a municipal Council under the Local Government Act 1989

Councillors means the individuals holding the office of a member of Casey City Council

Council officer means the Chief Executive Officer and staff of Council appointed by the Chief Executive Officer.

3. Scope

The Master Plan relates to the proposed improvement works for the Rutter Park Recreation Reserve. The recommended works will be guided by Council’s Leisure Facilities and Development Plan (LFDP) and Open Space Strategy, and realised through Council’s Capital Works Program.

4. Context

5. Rutter Park Recreation Reserve is a 14.79ha site located at 2920 South Gippsland Highway Tooradin VIC 3980. The reserve is Council owned and comprises sporting facilities classified as Local Level for Australian Rules football and cricket in accordance with Council’s Leisure Facilities Development Plan. The Reserve is home to the Tooradin Dalmore Junior Football Club and Tooradin Cricket Club. The site includes: •One local level AFL / cricket oval •Community pavilion with changerooms •One cricket training net •Shade sail •The eastern half of the site is utilised for a tractor pull event that is held during the summer and attracts large crowds. • Car parking

Council Meeting - 2 February 2021 Page 12 Attachment 5.2.1

Draft Rutter Park Recreation Reserve Master Plan (Version 1.2) Page 2 of 4

6. Plan

Rutter Park Recreation Reserve Master Plan 2015

The Rutter Park Recreation Reserve Master Plan was adopted on 19 May 2015. Since then the following works have been completed.

Works Description Proposed pavilion New AFL / cricket sports pavilion proposed to considerably improve the indicative size standard and capacity of the venue to accommodate competition and training activities for AFL and cricket.

Proposed oval Proposed improvement works including irrigation to the oval to enhance upgrade including its capacity to accommodate AFL and cricket competition and training irrigation works activities. Proposed installation Proposed sports floodlighting to enable it to be used for AFL during of floodlights winter. Proposed cricket nets Proposed cricket nets to provide improved facilities for cricket.

Future works Following a review of the Master Plan the following projects are recommended for implementation over a 20-year timeframe with delivery of project subject to funding in Council’s Capital Works Program.

The recommended works are presented visually in Appendix A. Indicative costings are appliable as of December 2020. The total estimated cost for implementation of all projects is $960,000. A range of funding sources will be sought including rates and grants through external agencies.

ID Works Description Indicative Indicative Timeframe* Costs 1 Proposed gravel Proposed formalising of the existing gravel car Short $330,000 car parking for 50 parking area to provide 50 dedicated spaces. spaces This will improve the capacity of the reserve to accommodate the needs of the sporting groups. 2 Proposed car park Provide formalised sealed car parking. Long $500,000 upgrade 3 Proposed cricket Proposed cricket nets to provide Medium $30,000 nets upgrade improved facilities for cricket.

4 Path network Tree planting to provide shade for Reserve Medium $100,000 (connection to users depending upon car park design. proposed Costal Trail) * Short 1 – 5 years, Medium 6 – 10 years, Long 11 – 20 years.

7. Administrative Updates

It is recognised that, from time to time, circumstances may change leading to the need for minor administrative changes to this document. Where an update does not materially alter this document, such a change may be made administratively. Examples include a change to the name of a Council department, a change to the name of a Federal or State Government department, and a minor update to legislation which does not have a material impact. However, any change or update which materially alters this document must be by resolution of Council.

Council Meeting - 2 February 2021 Page 13 Attachment 5.2.1

Draft Rutter Park Recreation Reserve Master Plan (Version 1.2) Page 3 of 4

8. Review

This document will be reviewed every four years.

Council policy documents change from time to time and it is recommended that you consult the electronic reference copy at https://www.casey.vic.gov.au/policies- strategies to ensure that you have the current version. Alternatively, you may contact Customer Service on (03) 9705 5200.

Council Meeting - 2 February 2021 Page 14 Attachment 5.2.1

Draft Rutter Park Recreation Reserve Master Plan (Version 1.2) Page 4 of 4

Council Meeting - 2 February 2021 Page 15 Attachment 5.2.2

Draft Tooradin Recreation Reserve Master Plan (Version No.1.2) Page 1 of 4

CASEY.VIC.GOV.AU Draft Tooradin Recreation Reserve Master Plan Version: 1.2 Date updated: December 2020 Responsible Department: City and Asset Planning

1. Purpose

To outline the proposed future works for the Tooradin Recreation Reserve Master Plan.

2. Definitions

Council means Casey City Council, being a body corporate constituted as a municipal Council under the Local Government Act 1989

Councillors means the individuals holding the office of a member of Casey City Council

Council officer means the Chief Executive Officer and staff of Council appointed by the Chief Executive Officer.

3. Scope

The master plan relates to the recommended improvement works for the Tooradin Recreation Reserve. The recommended works will be guided by Council’s Leisure Facilities and Development Plan (LFDP) and Open Space Strategy, and realised through Council’s Capital Works Program and a range of other funding sources.

4. Context

Tooradin Recreation Reserve is a 4.31ha site located at 62 – 68 South Gippsland Highway Tooradin VIC 3980. The reserve is Council owned and comprises sporting facilities classified as Local Level for Australian Rules football, cricket, netball and Tennis in accordance with Council’s Leisure Facilities Development Plan. The Reserve is home to the Tooradin Dalmore Football Club, Tooradin Dalmore Junior Football Club, Tooradin Dalmore Netball Club, Tooradin Tennis Club and Tooradin Cricket Club. The site includes: •One football/cricket oval with sports change rooms • Cricket training nets • A gaming facility/social club (Tooradin and District Sports Club) • Five tennis courts and pavilion • Two netball courts, pavilion and shelter

Council Meeting - 2 February 2021 Page 16 Attachment 5.2.2

Draft Tooradin Recreation Reserve Master Plan (Version No.1.2) Page 2 of 4

• Skate Park • Children’s playground • BBQ facilities • Car parking

5. Plan

Tooradin Recreation Reserve Master Plan 2015

The Tooradin Recreation Reserve Master Plan was adopted on 19 May 2015. Since then the following works have been completed.

Works Description Tennis pavilion The proposed tennis pavilion will replace the existing tennis pavilion and include amenities, change and social room to provide an inclusive environment for the club and enable it to grow its membership. Concrete path to car park To provide access from the proposed pavilion to the tennis courts. Accessible parking The accessible parking links to the proposed pavilion to provide an inclusive environment for the club to attract members from all abilities. Proposed oval upgrade Upgrade to the oval surface with irrigation works to enhance including irrigation its condition for year round use. works Extend second netball The extension of the netball shelter will meet the standards for shelter and construct low the sport whilst the low fence will improve the safety for fence around netball courts participants by stopping the ball rolling onto the road.

Building demolition Formers Anglers Club building to be demolished

Future works Following a review of the Master Plan the following projects have been recommended for implementation over a 20 year timeframe, subject to funding in Council’s Capital Works Program.

The recommended works are presented visually in Appendix A. Indicative costings applicable as of December 2020. The total estimated cost for implementation of all projects is $1,970,000. A range of funding sources will be sought including rates and grants through external agencies.

ID Works Description Indicative Indicative Timeframe* Costs 1 Seal car park (north Provide formalised sealed car parking to the Short $330,000 western) north of the Tooradin Sports Club. Approximately 75 spaces 2 Seal car park (south Provide formalised sealed car parking. Short $500,000 eastern) Including path connection to South Gippsland Highway Approximately 102 spaces 3 Skate park Potential option to relocate existing Medium $100,000 upgrade skate park depending upon car park design.

Council Meeting - 2 February 2021 Page 17 Attachment 5.2.2

Draft Tooradin Recreation Reserve Master Plan (Version No.1.2) Page 3 of 4

4 Tree shading Tree planting to provide shade for Medium $40,000 Reserve users depending upon car park design. 5 Pavilion upgrade Upgrade existing Football / Cricket / Short $1,000,000 Netball pavilion in line with Council’s Leisure Facilities Development Plan standards. *Short 1 – 5 years, Medium 6 – 10 years, Long 11 – 20 years.

6. Administrative Updates

7. Review

This document will be reviewed every four years.

Council Meeting - 2 February 2021 Page 18 Attachment 5.2.2

Draft Tooradin Recreation Reserve Master Plan (Version No.1.2) Page 4 of 4

Council Meeting - 2 February 2021 Page 19 Officers’ Reports

Public Exhibition of Edwin Flack and Pearcedale Master ITEM: 5.3. Plans City Planning and Infrastructure City and Asset Planning Keri New

Purpose of Report: To seek approval to commence Public Exhibition of the draft Edwin Flack Reserve and draft Pearcedale Recreation Reserve Master Plans.

Recommendation

That the Edwin Flack Reserve Master Plan and Pearcedale Recreation Reserve Master Plan be placed on four weeks public exhibition to seek community feedback prior to adoption.

Officer General and Material Interest

No Council officers involved in the preparation of this report have a general or material interest in matters for consideration.

Council Plan Reference

1. People Driven 1.2 A council whose services and facilities are driven by community needs

Executive Summary

The Edwin Flack Reserve and Pearcedale Recreation Reserve Master Plans set the vision and strategic direction for future development of each reserve including a series of capital and operational projects to be delivered over the short, medium and long term. These new Master Plans have been developed based on feedback from key stakeholders as well as standards for organised sport and broader recreational opportunities.

Council Meeting - 2 February 2021 Page 20 Background

Edwin Flack Reserve and Pearcedale Recreation Reserves are owned and managed by the City of Casey and provide a diverse range of formal sporting and informal recreation opportunities for residents, employees and visitors from a local and district catchment.

Edwin Flack Reserve has a diverse range of infrastructure to support football, cricket, netball, athletics, and lawn bowls. In addition, it has a playground, indoor recreation facility and a range of pavilions. It is also located next to Berwick College which has hockey pitch.

Pearcedale Recreation Reserve includes infrastructure to support football, cricket, netball, and tennis as well as pavilions, a playground, skatepark and a community facility. It is also located next to Pearcedale Primary School.

Master Plans were deemed necessary for these sites to address ageing facilities that do not meet industry sporting standards or align to Council’s Leisure Facilities Development Plan.

The draft Pearcedale Recreation Reserve is included in Attachment 1. The draft Edwin Flack Reserve Master Plan is included in Attachment 2.

Community Engagement and draft Master Plans

Development of the draft master plans have involved extensive consultation with user groups and nearby residents to understand the use and demand of the reserves.

Consultation included a combination of surveys, meetings, community information sessions, workshops, site inspections and community research. An overview of the findings is below.

Edwin Flack Reserve

A total of 137 survey responses were received. Of this, 42% of were from Berwick Little Athletics Club, 30% were non club members and 8% Berwick Football Club.

In relation to utilisation, 48% used the reserve for playing sport, 44% for personal exercise and 38% to watch sport. Respondents rated the sporting facilities very good to good, whilst non-sporting areas of the reserve were considered fair to poor. When asked to provide suggestions for improvements a high proportion of responses were focused on the athletics track. These included:

 Built shelter/grandstand  Larger pavilion  Increase seating

Other suggested improvements within the reserve included:

 Improve playground  Improve/increase car parking  More trees  Improve public toilet access

Council Meeting - 2 February 2021 Page 21 Based on this feedback and recreation standards, the draft Master Plan includes a range of projects to be delivered over the next 20 years, subject to funding. This includes:

 A range of fencing, traffic management, pedestrian paths, car parking and seating upgrades across the site  Landscaping and stormwater harvesting  Oval, pavilion and playground upgrades  A study into the future use and opportunities for Berwick Leisure Centre  Projects that are currently underway such as new netball pavilion and warm-up court, athletics track storage, football canteen extension, and roof over bowling green.

Pearcedale

A total of 90 surveys were received. Of this, 44% of respondents were from Pearcedale Baxter Junior Football Club, 33% Pearcedale Football Club and 28% were not members of any club at the reserve.

In relation to utilisation, 62% used the reserve for personal exercise, 60% to watch sport and 58% to play sport. Generally, respondents rated the sporting and non-sporting areas within the reserve as fair to poor. When asked to provide suggestions for improvements the most common suggestions were:

 Upgrade pavilion facilities on both ovals  Build new netball facility  Improve drainage on both ovals  Increase spectator seating and shelter  Improve roads, traffic flow, parking and reserve access points  Upgrade playground  Increase and improve paths

Based on this feedback and recreation standards, the draft Master Plan includes a range of projects to be delivered over the next 20 years, subject to funding. This includes:

 Redevelopment of existing main pavilion and upgrades to netball and second football pavilion  New seating, cricket nets, and lighting  Traffic management, parking, and pedestrian path upgrades  Improvements to skatepark and surrounding area to create a social gathering space  Upgrades to ovals and tennis courts  Landscaping and integrated water management

Financial Implications

Indicative costs have been included within each of the Master Plan for each project. A summary is provided below. The detailed forecast is included in Attachments 1 and 2.

Edwin Flack Costs - $4,765,000 Short Term - $2.51m, Medium Term - $1.02m Long Term - $1.23m

Pearcedale Costs - $8,443,000 Short Term - $5.5m, Medium Term - $2.5m, Long Term - $375k

(Short Term: 1 – 5 years, Medium Term: 6 – 10 years, Long Term 11 – 20 years)

Council Meeting - 2 February 2021 Page 22

An implementation plan is being developed to outline proposed project priority order, staging of works, and funding sources which could include:

 Capital investment (rates, loans, reserves)  Grant contribution  Private partnerships  School projects

Conclusion

It is recommended that the draft master plans for Edwin Flack and Pearcedale Recreation Reserves be placed on public exhibition for a four-week period to gather feedback from the broader community, prior to finalising and presenting for adoption at a future Council Meeting in early 2021.

Attachments

1. Draft Pearcedale Reserve Master Plan [5.3.1 - 6 pages] 2. Draft Edwin Flack Reserve Master Plan [5.3.2 - 7 pages]

Council Meeting - 2 February 2021 Page 23 Attachment 5.3.1

Draft Pearcedale Reserve Master Plan

Version: 1.0 Date: November 2020 Responsible Department: City & Asset Planning

1. Purpose To outline the proposed future works for the Pearcedale Recreation Reserve Master Plan.

2. Definitions Council means Casey City Council, being a body corporate constituted as a municipal Council under the Local Government Act 1989 Councillors means the individuals holding the office of a member of Casey City Council Council officer means the Chief Executive Officer and staff of Council appointed by the Chief Executive Officer.

3. Scope The master plan relates to the recommended improvement works for Pearcedale Recreation Reserve. The recommended works will be guided by Council’s Leisure Facilities and Development Plan Policy (LFDP) and Open Space Strategy, and realised through Council’s Capital Works Program and a range of other funding sources.

4. Context Pearcedale Recreation Reserve is an 8.16 hectare site located at 710 – 720 Baxter-Tooradin Road, Pearcedale VIC 3912. The reserve is Council owned and comprises sporting facilities classified as District level for Australian Rules football, cricket, netball and tennis, in accordance with the LFDP. The reserve abuts the Pearcedale Primary School, and is the main sporting and recreation reserve servicing the Pearcedale township and surrounds. The reserve includes: • two football/ cricket ovals with sports lighting and player/ coach shelters • two undersized netball courts with sports lighting • six tennis courts, four with sports lighting • cricket practice nets (3 lanes) • main reserve pavilion with a social room (Oval 1) • pavilion with changerooms (Oval 2) • netball pavilion • tennis clubrooms • community centre (managed by a committee of management) • skate park • pump track • small playground • car parking • seating • a telecommunications tower • trees and landscaping

Council Meeting - 2 February 2021 Page 24 Attachment 5.3.1

Pearcedale Recreation Reserve Master Plan (Version 1.0) Page 2 of 6

The reserve is occupied by the following community groups and clubs: • Pearcedale Community Centre Committee of Management • Pearcedale Football Netball Club • Pearcedale Baxter Junior Football Club • Pearcedale Auskick • Pearcedale Cricket Club • Pearcedale Tennis Club

The Pearcedale Primary School regularly uses the oval and tennis courts for student classes, and Council has approved the use of the reserve road for student drop-off and pick-up.

5. Community Engagement As shown in the table below, community and stakeholder feedback have supported the development of the Master Plan.

Project Phase Engagement Method Master Plan research and In November 2019, a workshop was held with Council staff. needs confirmation In December 2019, meetings were conducted with the reserve tenant clubs, the Pearcedale Community Centre CoM, and the Principal of the Pearcedale Primary School.

In February and March 2020, a resident survey was available online via ‘Casey Conversations’ - 90 completed surveys were received, and the information collected helped inform the master plan. A community drop-in session was planned to be held in late March, however, had to be cancelled due to the coronavirus pandemic.

Master Plan development In September 2020, online meetings were conducted with all reserve tenant groups to receive feedback on a preliminary concept plan.

The key items requiring consideration in the Master Plan included: • Provision of two compliant netball courts • Lack of female change facilities for netballers and female footballers • Opportunity to redevelop the Oval 1 pavilion to facilitate broader community use • Assessment of facilities against the LFDP and other facility standards endorsed by relevant sport peak bodies • Enhance the landscape amenity of the reserve, and passive/ informal recreation opportunities

Council Meeting - 2 February 2021 Page 25 Attachment 5.3.1

Pearcedale Recreation Reserve Master Plan (Version 1.0) Page 3 of 6 6. Plan The recommended works are for implementation over a 20-year timeframe and delivery of projects will be subject to funding in Council’s Capital Works Program. A range of funding sources will be sought including rates and grants through external agencies. The recommended works are presented visually in Appendix A. Indicative costings applicable at November 2020 are included in the following table, and the total estimated cost for implementation of all projects is $8,443,000.

Indicative Indicative Id Works Description Timeframe* Costs 1 Pearcedale No change - - Community Centre 2 Skate park Expand street-style skating area Short $150,000 3 New social recreation New District level playspace, a shelter, Medium $550,000 space BBQ, and picnic tables, and associated landscaping/ bushland works 4 Outdoor fitness Consider this site to incorporate a pod Medium $150,000 equipment of outdoor fitness equipment (two site options) 5 Tree replacement Remove the existing Monterey pines Short $75,000 and replace with mature evergreen trees 6 Netball court Two new netball courts, with Short $350,000 redevelopment floodlighting (100lux), player shelters, and fencing (2m high on east side with double-gate for maintenance vehicles, 1m along south side, and retain existing fence on west and north sides) 7 Netball spectator Extend the pavilion verandah out to the Medium $150,000 shelter court run-off, and beyond the north and south sides of the pavilion, to increase spectator shelter 8 New reserve entrance New 2-way reserve entrance (approx. Short $200,000 50m) required with netball court redevelopment, include a 2m sealed path 9 Reserve exit Downgraded to exit only, install signage Short $3,000 10 New car park When Monterey pines reach the end of Long $150,000 their lives, remove the trees and install a new car park with 20 spaces (incorporate WSUD design) 11 Seal reserve road Realign and seal oval road (approx. Medium $350,000 12 280m length), install a school drop-off 13 zone (5 spaces), install speed humps/ pedestrian crossings, and car park linemarking (incorporate WSUD design) Construct a 1.5m wide sealed oval Medium $90,000 perimeter path (approx. 400m length), with occasional bench seat 14 Memorial seats Relocate the two memorial seats and Medium $5,000 plant two mature trees 15 Upgrade Oval 1 Install drainage network, floodlights to Short $650,000 training standard (100 lux), and protective fencing behind each goal

Council Meeting - 2 February 2021 Page 26 Attachment 5.3.1

Pearcedale Recreation Reserve Master Plan (Version 1.0) Page 4 of 6 Indicative Indicative Id Works Description Timeframe* Costs 16 New car park New sealed car park (Oval 1 and Short $300,000 Oval 2) incorporating vehicle turnaround, drop-off zone (4 spaces), link to one-way reserve road, car park linemarking, and tree planting (incorporate WSUD design) 17 Oval 1 Pavilion New community pavilion, incorporating Short $3,200,000 2 football/ cricket change rooms, 2 female change rooms (shared football/ netball), 2 umpires/ referees, community/ social space, canteen/ kitchen, bar, storage (approx 800sqm) 18 Spectator terrace New spectator terraces Oval 1 (with Medium $350,000 partial shelter) and Oval 2 19 Cricket nets New enclosed cricket practice nets (4 Short $400,000 lanes) with store and power bollard 20 Downgrade reserve Reduce to 3m one-way road/ path with Short $35,000 road removable bollards installed at the southern end car park 21 Oval 2 Pavilion Extend verandah Medium $150,000 22 New multipurpose Reinstate area to grass following Medium $120,000 area demolition of existing pavilion, install fence seating, and new public art feature ($32,000) 23 Upgrade Oval 2 Upgrade floodlights to training standard Medium $400,000 (100 lux) 25 Development feature Remove the Monterey pines west of the Short $125,000 area tennis courts, and install a boardwalk across the low-lying water detention area Investigate feasibility of developing a Long $50,000 bio-retention system 26 Upgrade tennis courts Renew the surfaces of courts 1 – 4 Medium $75,000 27 Tennis court lighting Install floodlights to community Long $175,000 competition standard (350 lux) on courts 5 & 6 - New path Construct a 1.5m sealed reserve path Medium $180,000 (all areas of the reserve network (approx. 850m length) with except east side of oval occasional bench seating which is allowed for in No.s 11, 12, 13) - Tree planting Allowance for semi-mature tree Short $10,000 planting, where not previously specified (approx. 25 @ $300, plus planting)

* Short 1 – 5 years Medium 6 – 10 years Long 11 – 20 years

Council Meeting - 2 February 2021 Page 27 Attachment 5.3.1

Pearcedale Recreation Reserve Master Plan (Version 1.0) Page 5 of 6

7. Administrative Updates It is recognised that, from time to time, circumstances may change leading to the need for minor administrative changes to the document. Where an update does not materially alter the document, such a change may be made administratively. Examples include a change to the name of a Council department, a change to the name of a Federal or State Government department and a minor update to legislation which does not have a material impact. However, any change or update which materially alters the document must be by resolution of Council.

8. Review This document will be reviewed every four years.

Council policy documents change from time to time and it is recommended that you consult the electronic reference copy at https://www.casey.vic.gov.au/policies-strategies to ensure that you have the current version. Alternatively, you may contact Customer Service on (03) 9705 5200.

Council Meeting - 2 February 2021 Page 28 Attachment 5.3.1

Pearcedale Recreation Reserve Master Plan (Version 1.0) Page 6 of 6 Attachment A

Council Meeting - 2 February 2021 Page 29 Attachment 5.3.2

Draft Edwin Flack Reserve Master Plan

Version: 1.0 Date: November 2020 Responsible Department: City & Asset Planning

1. Purpose To outline the proposed future works for the Edwin Flack Reserve Master Plan.

3. Scope The master plan relates to the recommended improvement works for Edwin Flack Reserve. The recommended works will be guided by Council’s Leisure Facilities and Development Plan Policy and Open Space Strategy, and realised through Council’s Capital Works Program and a range of other funding sources.

4. Context Edwin Flack Reserve is a 12.64 hectare site located at 79-93 Manuka Road, Berwick VIC 3806. The reserve is Council owned and comprises of a range sporting facilities with varying classifications in accordance with the LFDP. The reserve has a significant interface along its southern boundary with the Berwick Secondary College. Regional/ District Level Lawn Bowls facility: • four bowling greens (2 grass / 2 synthetic surface, 3 greens with sports lighting • one clubroom

Municipal Athletics facility: • 8 lane synthetic athletics track with sports lighting • Separate 8 lane 100m grass track • one pavilion (shared with netball) • two storage sheds

Municipal Hockey facility (Joint Use with school): • synthetic hockey field with sports lighting • one pavilion

District Level Netball facility: • two netball courts with sports lighting • two player shelters • one pavilion (shared with athletics) Note: a new netball pavilion and warm-up court are funded for construction in the 2020/21 capital budget

Council Meeting - 2 February 2021 Page 30 Attachment 5.3.2

Edwin Flack Reserve Master Plan (Version 1.0) Page 2 of 7

District Level AFL/ Cricket facility: • one football/ cricket oval with sports lighting and player/ coach shelters • change pavilion and canteen (JE Hower Pavilion) • social rooms (Berwick Football Club) • an electronic scoreboard • a scorers/ scoreboard operating box

Berwick Leisure Centre (Joint Use) • one indoor sports court • two multipurpose rooms • one kindagym room • commercial kitchen • two sets of male and female amenities

General • concrete blocks with Olympic plaques arranged around the oval • large sealed car park • playground (in adjoining Howell Drive Reserve) • limited path network • fencing around all sporting facilities • trees and landscaping

The reserve is occupied by the following sports clubs and groups: • Berwick Bowling Club • Berwick Football Club • Berwick Netball Club • Casey Cannons Hockey Club • Berwick Little Athletics • TXR Running Club • Berwick Cricket Club (not based at the reserve) • Berwick Junior Football Club (not based at the reserve) • YMCA (manage the Berwick Leisure Centre on behalf of Council)

The Berwick Secondary College has a longstanding joint agreement for use of the Berwick Leisure Centre during school hours during the term period, and regularly use all outdoor sporting facilities. Council has approved the use of the reserve car park for staff parking and student drop-off and pick-up.

5. Community Engagement As shown in the table below, community and stakeholder feedback have supported the development of the Master Plan. Project Phase Engagement Method Master Plan research and In November 2019, a workshop was held with Council staff. needs confirmation In December 2019, in-person meetings were conducted with all sporting clubs that use the reserve, and with the YMCA and the Principal of the Berwick Secondary College.

In February and March 2020, a resident survey was available online via ‘Casey Conversations’ - 137 completed surveys

Council Meeting - 2 February 2021 Page 31 Attachment 5.3.2

Edwin Flack Reserve Master Plan (Version 1.0) Page 3 of 7 Project Phase Engagement Method were received, and the information collected helped inform the master plan. A community drop-in session was planned to be held in late March, however, had to be cancelled due to the coronavirus pandemic.

Master Plan development In August 2020, online meetings were conducted with all reserve tenant groups to receive feedback on a preliminary concept plan.

The key items requiring consideration in the Master Plan included: • Incorporating improvement projects that were successful in receiving Federal Government funding as part of election commitments: new netball pavilion, canteen extension in the JE Hower Pavilion, and oval floodlighting upgrade • Long-term solution to the form of celebration of the Olympic Games within the reserve • Opportunity to redevelop the pavilion currently jointly used by the athletics and netball clubs, following the relocation of the netball club into its own pavilion • Assessment of facilities against the LFDP and other facility standards endorsed by relevant sport peak bodies • Improving the traffic flow and car parking onsite • Enhancing the landscape amenity of the reserve, and passive/ informal recreation opportunities, including an integrated path network throughout the reserve.

6. Plan The recommended works are for implementation over a 20-year timeframe and delivery of projects will be subject to funding in Council’s Capital Works Program. A range of funding sources will be sought, including rates and grants through external agencies. The recommended works are presented visually in Appendix A. Indicative costings applicable at November 2020 are included in the following table, and the total estimated cost for implementation of all projects is $4,765,000 (excludes projects noted as the responsibility of the Berwick Bowling Club and the Berwick Secondary College).

Indicative Indicative Id Works Description Timeframe* Costs Lawn Bowls 1 Clubrooms Future extension to service Long $450,000 corporate and social bowls, (funding by club) comprises bar and indoor/ outdoor viewing area 2 Cover one bowling To give surety service corporate Short $1,000,000 green and social bowls (funding by club) 3 New compost Three-sided concrete enclosure Medium $75,000 enclosure (funding by club) Sub-Total $1,525,000 Football/ Cricket Oval 4 New low-level fence New low level fence (post & rail, approx. Short $70,000 350m length) to prevent vehicles accessing open space area, and for pedestrian safety along embankment

Council Meeting - 2 February 2021 Page 32 Attachment 5.3.2

Edwin Flack Reserve Master Plan (Version 1.0) Page 4 of 7 Indicative Indicative Id Works Description Timeframe* Costs 5 Close vehicle access Cease vehicle access, return gravel road Medium $85,000 to grass, and plant 4 – 5 trees (outside of timekeepers view to oval), seal the section in front of the Social Room 6 Drop-off zone Install a roundabout and drop-off bays for Long $75,000 4 cars, re-align road, and construct sealed path linkages and speed hump 7 Renew main entrance Refresh main entrance, and include list of Medium $35,000 sporting clubs 8 New bin enclosure New lockable bin enclosure (chain-mesh Short $25,000 with screen) in alcove behind Social Room to service football and cricket 9 Compliant pedestrian Construct vehicle turnaround (cease Short $350,000 access into Social vehicle access beyond this point), install Room a ramp access to pavilion entrance, construct new stairs, and extend the terrace seating 10 Covered spectator Extend the Social Room verandah to Medium $350,000 seating cover the terracing 11 Canteen extension Project in progress - - Emergency and Construct a 3.0m wide sealed path to Short $20,000 service vehicle access relevant vehicle standard for ambulance and service vehicle access to the JE Hower Pavilion (approx. 60m length) 12 Upgrade oval Redevelop the oval, including re-shaping, Long $400,000 new drainage and irrigation, sand profile, and new perimeter fence, and player benches Upgrade the floodlighting to 150 lux Short In progress 20 Seal road and install Seal oval road (approx. 315m length), Long $400,000 oval perimeter path install speed humps, car park linemarking Construct a 1.5m wide sealed oval Long $100,000 perimeter path (approx. 400m length), with occasional bench seating Sub-Total $1,910,000 Netball 14 New playground Local playspace with seats Short $150,000 15 New netball pavilion Project in progress - - and warm-up court 16 Vehicle access Relocated maintenance vehicle access to Short $25,000 netball court enclosure 17 New bin enclosure New lockable bin enclosure (chain-mesh Short $25,000 with screen) to service athletics and netball Sub-Total $200,000 Berwick Leisure Centre Precinct 21 Reserve exit Modify reserve egress to be exit only Short $10,000

Council Meeting - 2 February 2021 Page 33 Attachment 5.3.2

Edwin Flack Reserve Master Plan (Version 1.0) Page 5 of 7 Indicative Indicative Id Works Description Timeframe* Costs 22 Close the existing Remove road and return to grass, and Medium $200,000 drop-off road investigate options to activate the open space area (budget includes an allowance for some infrastructure)

23 Future of Berwick Undertake a study to determine future Short $40,000 Leisure Centre options for use and upgrade of the Centre (budget is for study only) Sub-Total $250,000 Hockey 26 Pitch infrastructure Replace the perimeter fence Medium $50,000 upgrades/ renewal Install a new scoreboard Short $45,000 projects Renew floodlighting with LED Long $200,000 (assumes poles can be re-used)

28 New access for If stadium expansion occurs, new access Long $20,000 maintenance vehicles for hockey pitch maintenance vehicles is required from the pitch fence to the existing athletics track vehicle entry, and constructed to relevant vehicle standard (approx. 60m length) Sub-Total $315,000

Athletics 29 Reconfigure entrance Retrieve all Olympic plaques from the Medium $150,000 to create Olympic oval area, remove concrete blocks, and Walk set plaques into a new display feature along the athletics track entry path 30 Athletic pavilion Reconfigure the pavilion to extend the Short $500,000 upgrade canteen, public toilets, office area, and equipment storage by utilising the former netball room 31 New shelter Install a shelter over some of the existing Short $150,000 terrace seating

32 New sheltered terrace New spectator terrace seating along the Short $365,000 seating front straight, with shelter

33 New athletics store Project completed 2020 - - 34 New low-level fence New low level fence (1,000mm chain- Short $10,000 around western circle mesh, approx. 70m length) with double gate for vehicle access to separate path users from the athletics

Sub-Total $1,175,000 Landscape 27 New path If stadium expansion occurs, new 2.5m Long $40,000 (from Howell Drive) pedestrian path is required (approx. 100m length), which will align with shared vehicle/ pedestrian path (see No. 28) 35 Stormwater Following the review of the capacity of Short $400,000 harvesting the existing stormwater harvesting system, implement recommendations as required (allowance only)

Council Meeting - 2 February 2021 Page 34 Attachment 5.3.2

Edwin Flack Reserve Master Plan (Version 1.0) Page 6 of 7 Indicative Indicative Id Works Description Timeframe* Costs 36 Upgrade playspace Renew playground Short $150,000 New pod of outdoor fitness equipment $150,000

- New path Construct a new section of 1.5m sealed Medium $150,000 (western and northern path to link the Howell Drive reserve sections of the reserve) entrance to the reserve entrance off north Manuka Road (approx. 600m length) with occasional bench seating - Tree planting Allowance for semi-mature tree planting, Short $25,000 where not previously specified (approx. 60 @ $300, plus planting) Sub-Total $915,000 Other 18 Main car park Reconfigure access into the car park with Medium $220,000 closure of BLC drop-off road, and install street lights, mature trees, and a pedestrian path between the bus lane crossing and the netball precinct (approx. 55m length) 19 New reserve drop-off New drop-off zone to service the sporting Medium $45,000 zone areas, the Berwick Leisure Centre and the school – reconfigure the existing road to create drop-off for 4 cars, and construct sealed path linkages from the drop-off area 24 Road works Widen Manuka Road to create a right Medium $350,000 turn lane into the car park

25 Berwick Secondary Proposed future stadium extension (3 Long - College Stadium courts) as per the school’s master plan (funding by (not costed) school) Sub-Total $615,000

* Short 1 – 5 years Medium 6 – 10 years Long 11 – 20 years

8. Review A review of this document will occur every four years.

Council policy documents change from time to time and it is recommended that you consult the electronic reference copy at https://www.casey.vic.gov.au/policies-strategies to ensure that you have the current version. Alternatively, you may contact Customer Service on (03) 9705 5200.

Council Meeting - 2 February 2021 Page 35 Attachment 5.3.2

Edwin Flack Reserve Master Plan (Version 1.0) Page 7 of 7 Attachment A

Council Meeting - 2 February 2021 Page 36 Officers’ Reports

Casey Fields Lease ITEM: 5.4. Corporate Services Property and Procurement Chris Heath

Purpose of Report: For Council to consider entering into a Lease with Melbourne City Football Club for use of the Casey Fields Regional Soccer Centre of Excellence.

Recommendation

That Council:

1. Commence the statutory procedures in accordance with the Local Government Act 1989, to enter a lease for part of the land known as the Casey Fields to the Melbourne City Football Club. 2. Advertise the Public Notice outlining the Proposal in accordance with Section 223 of the Local Government Act 1989. 3. Consider any submissions lodged in response to the public notice under Section 223 of the Local Government Act 1989 at a future meeting which shall be arranged by the Chief Executive Officer. 4. Receive a further report following the completion of the procedures under section 223 of the Local Government Act 1989 once the public notice period has closed.

Officer General or Material Interest

No Council officers involved in the preparation of this report have a general or material interest in matters for consideration.

Council Plan Reference

3. A High Performing Organisation 3.2 An efficient and effective customer focused Council with sufficient resources to meet priorities

Council Meeting - 2 February 2021 Page 37 Executive Summary

The Casey Fields Regional Soccer Centre of Excellence is a key component of the Casey Fields Masterplan and provides a suite of football facilities designed to provide for the development and participation pathway for football in Casey and the surrounding region. Stage One of the Regional Soccer Centre of Excellence has been completed delivering:

 3 full-sized synthetic football pitches;  1 full-sized natural turf football pitch;  Competition level floodlighting;  An eight-changeroom pavilion; and,  Car parking.

The planned Stage Two of the Regional Soccer Centre of Excellence, complements Stage 1 and will consist of:  An elite natural turf training pitch, specially designed to a 115m x 115m dimension to enable configuration flexibility;  A two-storey pavilion expansion featuring fitness, training and recovery facilities; and,  Administration offices.  Utilities and services;  Landscaping; and,  An internal access road (east-west).

On 15 December 2020, the City of Casey announced it had signed a Heads of Agreement with Melbourne City Football Club (MCFC) and the City of Greater Dandenong, paving the way for the A-League and W- League club to relocate its training and administration headquarters to Casey Fields in Cranbourne East.

The long-term partnership approach with the City of Greater Dandenong for the advocacy of an A-League and W-League team licence being awarded in South East Melbourne has always been centred around the development of a stadium facility in Dandenong for match day events, with the team being based at Casey Fields for all training and administration activities.

The expanded pavilion and new elite training pitch form the basis of the proposed Lease Agreement. Council and the MCFC have agreed on commercial terms for the Lease (address: 160 Berwick-Cranbourne Road, Cranbourne East), with public notice required to be given to that effect.

The objective of the Lease is to provide a professional football training and administration facility to MCFC, incorporating exclusive use of one elite training pitch and areas of a high performance and administration pavilion (Attachment 1).

The principal terms of the Lease will be: 1. Lease term being thirty (30) years; 2. Commencement date at the date Council grants the Lease; 3. Pre-payment of portion of rent owed for the term; 4. Balance of rent to be paid via an annual schedule of community obligations within the City of Casey, with such rental balance to be subject to market review and adjusted accordingly.

Council Meeting - 2 February 2021 Page 38 Background

‘Team 11’

On 2 May 2017, Council considered a report on a collaborative, regional approach to the advocacy for an A- League team licence to be awarded to the region. In considering the report, Council resolved to sign a Memorandum of Understanding committing to work jointly with the City of Greater Dandenong and the Shire of Cardinia.

‘Team 11’ was a regionally focussed project, aimed at providing an elite level football team within the southeast region of Melbourne and creating accessible opportunities to a population catchment already in excess of 1.9 million people when encompassing the Gippsland region. The strategy to secure an A-League club clearly aligned with a number of Council’s key priorities to boost economic development, support local job creation and create an active and healthy community, as well as Council’s vision to create Australia’s most liveable city.

Despite a groundswell of public support within Casey, Greater Dandenong, Cardinia and the wider southeast region, Football Federation Australia informed the Team 11 Pty Ltd Board in December 2018 that its bid for an A-League licence had been unsuccessful.

Casey Fields Regional Soccer Centre of Excellence

On 3 April 2018, Council resolved:

1. That Council accept a $5 million GAIC contribution from the State Government towards the delivery of the Casey Fields Regional Soccer Centre, acknowledging a funding commitment of $13 million, to be funded through internal borrowings.

2. That as part of the Team 11 A-League project, Council commit to the delivery of the Casey Fields Elite Soccer Training and Administration facility at the currently estimated project cost of $20 million, on the worst case scenario basis of $1:$1 funding being achieved through State Government, Federal Government and/or private funding support.

3. That Council endorse a submission to the Federal Government Regional Growth Fund for $10 million for the Elite Soccer Training/Administration facility at Casey Fields, to support the Team 11 advocacy.

4. That, as a key element of the Team 11 proposal, Council make public the information in recommendations 1, 2 and 3, noting that the GAIC funding is not publicly available information until a funding agreement has been signed.

5. That Council note that $100,000 funding support, as a contribution to the Team 11 project activities, noting similar partnership contributions from the City of Greater Dandenong and the Shire of Cardinia, has been included within the 2017/2018 operating budget forecasts.

Council Meeting - 2 February 2021 Page 39

Melbourne City Football Club

Council officers presented an overview of South East Melbourne and the opportunities the region presents to an A-League / W-League Club. With regards to Casey specifically, Council officers also provided an overview of Stage Two of the Regional Soccer Centre of Excellence, highlighting the proposed facilities and estimated capital costs, proposed lease/licence agreements and community benefit detailed in the ‘Team 11’ bid.

MCFC is currently in its 11th season of operation in the A-League. The club was initially established as Melbourne Heart FC ahead of the 2010-11 A-League season and was the second A-League club established in Victoria. In January 2014, it was announced that the City Football Group had purchased Melbourne Heart’s licence. Melbourne Heart was subsequently re-branded as Melbourne City FC.

City Football Group is the owner of four-time English Premier League champions Manchester City and Major League Soccer club New York City FC. In 2019 City Football Group purchased Mumbai City FC in India and also has stakes in clubs in China, Japan, Uruguay and Spain. Since 2010, MCFC’s training and administrative base has been located at the La Trobe University Campus in Bundoora. The Club plays all home matches at AAMI Park, Melbourne.

Casey Fields Expansion

Council and MCFC will, in partnership, develop Stage Two and Stage Three of the Regional Soccer Centre of Excellence at Casey Fields in order to facilitate the relocation of the Club’s administration and training base, otherwise known as the Etihad City Football Academy. The Stage Two pavilion will also contain multipurpose spaces such as a function room and offices that will also be utilised as part of a future Stage Three of development.

Stage Three is a core part of the existing Casey Fields Masterplan and will see a Mini Stadium pitch constructed adjacent to the pavilion, a pitch that will be capable of hosting Melbourne City W-League matches as well as marquee community matches for Casey’s football (soccer), rugby league and rugby union clubs. The multipurpose spaces will serve as function rooms, media boxes, coaches boxes etc on Mini Stadium match days.

Funding from both parties is available for the Stage Three development, containing grandstand seating, competition lighting, fencing, a scoreboard, public amenities, a gravel carpark and an internal access road (north-south). Council continues to advocate to State and Federal Governments for financial assistance with this stage of the development at Casey Fields.

All of MCFC’s teams, including the elite men and women as well as boys and girl's academy teams, would train at Casey Fields. The Club’s academy teams would play majority of their games at Casey Fields, while the Stage Three development with a 4,000 capacity Mini Stadium would host many of the Club’s W-League matches upon completion.

Lease

The expanded pavilion and new elite training pitch form the basis of the Lease MCFC and Council intend to enter into with regard to use of the site. MCFC and Casey have negotiated and reached agreement on the terms and conditions of the proposed Lease over a 30-year term.

The Club will have exclusive access to the new elite training pitch and to the majority of the yet-to-be- constructed sections of the high performance and administration building (Attachment 1).

Council Meeting - 2 February 2021 Page 40 MCFC will provide pre-paid rent for a portion of the fees owed for use of the facilities. The balance of rent owed will be paid via an annual schedule of community benefits to be provided within the City of Casey. This fulfils one of Council’s initial aspirations of the ‘Team 11’ project, in that a locally based professional football club would provide significant benefits for the community. MCFC’s relocation also presents a range of opportunities to deliver mutually beneficial outcomes for both the club and local communities, comparable to Council’s partnership agreement with the Melbourne Football Club.

It is appropriate that Council now carry out statutory procedures as prescribed by the Local Government Act 1989 prior to resolving to enter the Lease.

Community Engagement

The community will have an opportunity to make submission on the Lease through the Statutory Processes descried below.

Legal

Statutory Processes  s.190 of the Local Government Act 1989, Council is required to publish a Public Notice of Council intention to enter a Lease, and;  s.223 of the Local Government Act 1989 prescribes that Council must publish a Public Notice that; o sets out the details of the proposed Lease, and; o is advertised for a period of not less than 28 days, and; o prescribes that any person has a right to make a submission, and; o informs any person making a submission of their right to be heard by Council, and; o that Council must hear and consider submissions prior to resolving to enter the Lease.

This report seeks Council resolve to commence statutory processes by publishing the Public Notice and calling for submissions, to be heard at a future meeting, in accordance with s.233 of the Local Government Act 1989, before determining if it will enter a Lease for the facilities.

Council’s solicitor has prepared the proposed Lease in Draft for agreement between the parties. The applicant and Council officers have negotiated the terms of the agreement and the parties are now able to consider entering the Lease.

Financial Implications

Council has committed $13.5 million for Stage Two and part of Stage Three of the Casey Fields Regional Soccer Centre of Excellence (Stage Three will be subject to further negotiations to finalise). Council’s $13.5 million contribution will be funded from an internal loan from Council reserves and disclosed in the forthcoming 2021/22 budget. It is important to note that ‘Stage Three’ is not a newly proposed development, but is a reflection of the agreed staging of the Casey Fields Regional Soccer Centre of Excellence expansion. Stage Three, the Mini Stadium, is a core part of the existing Casey Fields Masterplan.

Conclusion

The announcement that Melbourne City Football Club intends to relocate to Casey Fields (South East Melbourne) is the culmination of four years of work by many people within the City of Casey, the City of Greater Dandenong and Cardinia Shire as well as the wider local football and business communities.

Public reaction to the announcement on 15 December 2020 was overwhelmingly positive, as was the widespread media coverage the announcement received.

Council Meeting - 2 February 2021 Page 41 The Casey Fields Regional Soccer Centre of Excellence is a critical regional sporting facility that is included within the Casey Fields Masterplan. The facility is divided into three succinct components: Stage One - Regional Football Centre; Stage Two - Elite Training/Administration Base; and Stage Three - Mini Stadium.

In order to provide the required level of certainty to support MCFC’s relocation, Council intends to enter into a long-term Lease over 30 years that outlines the commercial arrangements of the club’s occupation of the facilities and its obligation to provide benefits to the wider City of Casey community.

It is requested that Council resolve to commence statutory processes by publishing the Public Notice and calling for submissions, to be heard at a future meeting, in accordance with s.190 and s.223 of the Local Government Act 1989.

Attachments

1. Attachment 1 [5.4.1 - 2 pages]

Council Meeting - 2 February 2021 Page 42 Attachment 5.4.1

General location within Casey Fields

Council Meeting - 2 February 2021 Page 43 Attachment 5.4.1

Administration Facility

Elite Training Pitch

Council Meeting - 2 February 2021 Page 44 5.5. UPDATE ON RATING MATTERS INCLUDING TREATMENT OF HARDSHIP ASSISTANCE IN 2020/21 Officers’ Reports

Update on Rating Matters Including Treatment of ITEM: 5.5. Hardship Assistance in 2020/21 Corporate Services Finance and Rates Bernard Rohan

Purpose of Report: To update Council on Rating Matters

Recommendation

That Council resolves that in response to the continued uncertainty associated with the COVID-19 crisis, that the City of Casey continue to implement freezes on interest on outstanding rates to 31 March 2021.

Officer General or Material Interest

No Council officers involved in the preparation of this report have a general or material interest in matters for consideration.

Council Plan Reference

3. A High Performing Organisation 3.2 An efficient and effective customer focused Council with sufficient resources to meet priorities

Executive Summary

In December 2020, the State Government announced that the rate cap for 2021/22 will be 1.5 per cent. The City of Casey will comply with the rate cap.

On 15 September 2020 Council resolved to implement: • freezes on penalty interest (10 per cent) on outstanding rates to 31 December 2020 • a decision to not pursue legal action on outstanding rates until March 2021.

The continued uncertainty of COVID-19 and the associated economic disruption has led to the need for extending the relief on penalty interest to 31 March 2021, to be then reassessed and informed by the status of annual rate payments (due on 15 February 2020).

Officers are progressing the development of a draft Revenue and Rating for 2021-25 in line with a recent Government Response to a Review of Local Government Rating and this will be available in March 2021 for community engagement.

Council Meeting - 2 February 2021 Page 45 Background

The unprecedented economic challenges facing the City of Casey today are significant and difficult to reliably predict. The Commonwealth’s 2020/21 Mid Year Economic Fiscal Outlook (MYEFO) highlighted that Australia’s unemployment rate is forecast to peak at 7.5 per cent in the March 2021 quarter and that real gross domestic product is forecast to rise by 0.75 per cent in 2020/21 following a -0.2 per cent outcome in 2019/20. The local effects of constrained economic grow and labour market disruption are considerable, and likely to be more pronounced in our community relative to the national average.

Rates Levied at Casey

Rates represents almost half of the revenue to the City of Casey and the largest share of funding sources. On 21 December 2020, the State Government announced that the rate cap for 2021/22 (the amount by which total rate revenue can increase from one year to the next) will be 1.5 per cent, which is below pre- COVID-19 levels for the rate cap, or the Consumer Price Index (CPI, that the Commonwealth’s MYEFO document indicates will be 2.25 per cent at a national level in 202/21).

The City of Casey will comply with the State Government’s 1.5 per cent rate cap in 2021/22 and officers are advanced in the development of a draft budget for future Council consideration. Adherence to the rate cap underpins the long-term financial performance of Council in meeting the challenge of maintaining services and infrastructure delivery for our growing community, sustained into the future.

Status of Rates Balances

Table 1 (below) summarises the rates balances in arrears (or unpaid rates) for the City of Casey since 30 June 2019. During 2019/20, gross debtor balances increased by 35 per cent from $18.8 million to $25.4 million (the net balance referred to in the table offsets payments in advance or in credit). Table 1 highlights that there has been continued payments against arrears balances in the first half of 2020/21 (43 per cent reduction from an opening balance of $25.4 million to $14.6 million on 4 January 2021). Over this period, debts are not being pursued through legal channels and penalty interest is not being applied in line with previous Council decisions.

Table 1: Rates Debtor Balances Rates Debtor Balance as 30 June 2019 30 June 2020 31 August 2020 2 November 2020 4 January 2021 at ($) Total Balance of Rates in 18,820,520.18 25,413,261.54 20,758,225.74 16,260,592.54 14,585,921.49 Arrears Owing (Gross) less accounts in credit and -3,160,767.99 -3,713,235.77 -5,705,259.87 -366,438.77 -375,466.36 accrued/paid Total Net Balance Owing 15,659,752.19 21,700,025.77 15,052,965.87 15,894,153.77 14,210,455.13

The latest January balance is inclusive of the monthly/quarterly instalment-payments that have been made since September 2020, and arrangements reached with individual ratepayers. Importantly, the annual payments for 2020/21 are due on 15 February 2021.

Further break-down of the gross amount of rates in arrears ($14.6 million) and owing at 4 January 2021 is provided in Table 2 (below) and this identifies that this relates to 7,333 properties (some ratepayers will have multiple properties within this number), which broadly represents 5 percent of all properties. Further details are in Table 2, below, highlighting that 59 per cent of the balance owing relates to 1,233 properties with individual balances above $3,000.

Council Meeting - 2 February 2021 Page 46 Table 2: Break-down of Rates Debtor Balances Range of Rates in Arrears Number of Total ($) Proportion Average / Property ($) Balances ($) properties Up to 10 123 367.50 0.0% 2.99 10 to 100 1,126 38,034.33 0.3% 33.78 101 to 1,000 2,125 1,106,636.23 7.6% 520.77 1,001 to 2,000 1,931 2,903,758.28 19.9% 1,503.76 2,001 to 3,000 795 1,915,832.49 13.1% 2,409.85 3,001 to 10,000 1,027 5,122,820 35.1% 4,988.14 over 10,000 206 3,498,473 24.0% 16,982.88 7,333 14,585,921.49 100.0% 1,989.08

The majority of the outstanding rates balances (57 per cent or $8.3 million) relates to rates issued in 2019/20 (with 75 per cent or $10.9 million relating to the rates issued in both 2018/19 and 2019/20). Proposal to Extend Freeze on Penalty Interest to 28 February 2021

Given the current uncertainty around COVID-19 and the status of the Commonwealth’s assistance programs via Job Keeper (scheduled to cease in March 2021) and Job Seeker (reverted to previous levels of assistance), there are continued challenges for the community in making rates payments. It is therefore proposed that Council extend the freeze on penalty interest until 28 February 2021.

Officers will then re-assess the options around continued COVID-relief, informed of the outstanding 2020/21 rates balances, known after the scheduled 15 February 2021 annual payment date (approximately $100 million is expected to be received). Officers will then brief Council with a view on whether to extend the freeze on penalty interest beyond 1 March 2021, and whether to proceed with debt recovery from outstanding balances. Officers’ advice will have regard to the magnitude of prior year levels of outstanding debtor balances after the annual (February) payment date, which was $25.7 million in March 2020.

The indicative budget impact of penalty interest foregone of current rates in arrears can be summarised as:  1 March 2020 to 30 June 2020: $0.5 million  1 July 2020 to 31 December 2020: $0.8 million  Proposed 1 January 2021 to 28 February 2021 $0.2 million

This represents $1.5 million in estimated total penalty interest freeze impacts over two financial years.

Rates Debt Recovery Processes for 2020/21 Rates Cycle

The debt collection process applying to rates at the City of Casey is outlined in the Rate Payment Financial Hardship Policy (17 October 2017) and was outlined in the paper to Council on 15 September 2020. Under these arrangements, officers will issue: 1. Reminder Notices in mid-January 2021 ahead of the 15 February 2021 annual payment date, with the reminders updating ratepayers on the historic balances owing 2. Final Notices in March 2021.

More broadly, officers are currently reviewing and seeking to present to Council during the year for update: 1. Rate Payment Financial Hardship Policy 2. Revenue and Rating Strategy.

Victorian Government Response to the Local Government Rating System Review Final Report

On 21 December 2020 the State Government released the Report into Review of Local Government Rating System and announced its Response to the Review (jointly released) https://s3.ap-southeast-2.amazonaws.com/hdp.au.prod.app.vic- engage.files/7816/0850/1344/Victorian_Government_Response_to_the_Local_Government_Rating_Syste m_Review_December_2020.pdf

Council Meeting - 2 February 2021 Page 47

The Review covered the administration of rating in Victoria including the basis of revenue and rating plans, payment arrangements, hardship assistance and decision making. The review did not cover the Valuation of Land Act or the Rate Cap. The Review made 56 recommendations, and the State Government’s response was as follows:  Supported in Full – 27 recommendations  Supported in Part – 2 recommendations  Supported in Principle – 7 recommendations  Not Supported – 18 recommendations  Indicated the recommendations were beyond the Terms of Reference – 2 recommendations.

Officers have assessed the 36 recommendations that the State Government supported (in full, in part and in principle). The significant majority of these recommendations relate to matters that are either the responsibility of the State Government, or have more direct consequence for councils that administer differential rating and a municipal charge (which Casey does not). In most cases, the recommendations that will affect Casey are matters for the State Government to further evaluate and engage with all councils. The following recommendations were supported by the State Government and are relevant to Casey.

 Recommendation 6: That the Victorian Government undertake further analysis, and consultation on the merits of shifting from levying rates on occupancy to levying rates on the basis of land titles (through Certificate of Title) - Casey Officer Comment: Rates are currently levied on occupancy and not Certificates of Title. Should the basis of rates change and be applied to Certificates of Title, this change will need to be administered and communicated by Council to affected ratepayers. Further, this will likely increase the relative share of rates currently paid by owner-occupiers as the capital improved values of consolidated-title-holders will be lower than the individual sub-divided occupants.

 Recommendation 7: That the Victorian Government examine the merits of a valuation averaging mechanism to reduce the impact of large changes in valuations on rates. - Casey Officer Comment: This could take the form of multi-year averaging so that annual increases in rates directly associated with valuation increases are smoothed. Averaging mechanisms to individual rates notices will introduce more calculations into the rate notice which affects the ability for ratepayers to understand the movements. Whilst smoothing the year-on- year increases for some ratepayers, it will consequently and proportionally delay benefits to others.

 Recommendation 28: That the criteria for a rebate or concession under the Act be expanded to include properties providing a public benefit. Such benefits could be defined by the public benefit test for exemptions in Recommendation 22 of this report. - Casey Officer Comment: Casey will manage this impact.

 Recommendation 30: That the Victorian Government publish guidelines and a community communication strategy on deferral schemes aimed at supporting councils to promote deferrals to address capacity to pay issues. - Casey Officer Comment: Casey will consider and assess, noting that deferrals are already available under the Local Government Act and Casey’s Financial Hardship Policy, but in some cases an individual ratepayers’ circumstances do not directly suit a deferral, as this form of assistance has compounding effects for the recipient.

 Recommendation 31: Ensure that the regulations (See Recommendation 2) require that all Victorian ratepayers have access to consistent billing, debt recovery and payment difficulty assistance and that the use of council’s coercive powers (e.g. legal action and debt collection) are only ever measures of last resort. - Casey Officer Comment: Casey will assess this impact once developed by the State.

Council Meeting - 2 February 2021 Page 48  Recommendation 32: Establish a collaborative change management program to support the implementation of the regulations relating to payment difficulty. The program should address the requirement for councils to develop new processes and skills to deal effectively with all aspects of payment difficulty. Responsibility for the change program should be assigned to an agency with experience in guiding, designing, implementing and monitoring reforms of this nature. The performance of councils should be reviewed two years after implementation of the change program to determine its success in changing practice in the sector and whether further recommendations for improvement are warranted. - Casey Officer Comment: With respect to the need for councils to “deal effectively with all aspects of payment difficulty”, the City of Casey does not currently provide financial counselling to address payment difficulty. Under Casey’s Financial Hardship officers encourage ratepayers to seek support and advice from an independent (and free) financial counsellor such as the Salvation Army. When further details are available this will need to be considered.

 Recommendation 46: That the owner and occupier are listed separately on the rate notice (if the rate notice is paid by the occupier). - Casey Officer Comment: Casey will need to assess in line with recommendation 6.

Casey’s Revenue and Rating Strategy

Officers are presently reviewing and redrafting the (2017) Revenue and Rating Strategy in line with the new requirements of the Local Government Act 2020 and with the Government’s response to the Rating Review. A draft Revenue and Rating Plan for 2021-25 will be available in March for Council consideration and community engagement.

Community Engagement

Officers engage regularly with individual ratepayers in making arrangements for the payment of rates.

Financial Implications

The extension of the freeze on penalty interest for three months is to have a $0.3 million impact in reduced revenue to Council.

Conclusion

The administration of rates is challenging given the impacts that rates have on the community and this is heightened during the COVID-19 pandemic. Council will continue to administer rates in line with all legislative and policy requirements and will comply with the rate cap. Further detail will be available in the forthcoming Revenue and Rating Plan for community engagement in March 2021.

Attachments

Nil

Council Meeting - 2 February 2021 Page 49 Officers’ Reports

Councillor Code of Conduct ITEM: 5.6.

Corporate Services Governance Rhys Matulis

Purpose of Report: Adopt the updated Councillor Code of Conduct

Recommendation

That Council adopt the Councillor Code of Conduct as per attachment 1

Officer General or Material Interest

No Council officers involved in the preparation of this report have a general or material interest in matters for consideration.

Council Plan Reference

3. A High Performing Organisation 3.2 An efficient and effective customer focused Council with sufficient resources to meet priorities

Executive Summary

As required by Section 139 of the Local Government Act 2020 (Act 2020), Council must endorse an updated Councillor Code of Conduct, by 24 February 2021.

To be compliant with the Act 2020, the Councillor Code of Conduct must include the standards of conduct prescribed by the regulations expected to be observed by Councillors in the course of performing their duties and functions as Councillors, including prohibiting discrimination, harassment and vilification.

Council officers have drafted a new version of the Councillor Code of Conduct to comply with these new requirements and incorporated other changes as outlined below in the Draft Councillor Code of Conduct section of this report.

Background

The Local Government Act 2020 (Act 2020), Councillor Code of Conduct, replaces section 76C of the Local Government Act 1989, Councillor Code of Conduct. A Council must review and adopt a new or updated Councillor Code of Conduct meeting the requirements of the Act 2020, by 24 February 2021.

To be compliant with the Act 2020 the Councillor Code of Conduct:  must include the standards of conduct prescribed by the regulations expected to be observed by Councillors

Council Meeting - 2 February 2021 Page 50  must include any provisions prescribed by the regulations  must include provisions addressing any matters prescribed by the regulations  may include any other matters which the Council considers appropriate, other than any other standards of conduct.

Draft Councillor Code of Conduct

In preparing the Draft Councillor Code of Conduct (Draft Code), adherence to the Act 2020 was required and benchmarking of other Local Government Authorities (LGAs) provided varying comparisons in response to the Act 2020 requirements and their individual needs.

The key changes made in the Draft Code include:  Preamble – outlines the interchangeable nature of Administrators and Councillors  Introduction – outlines the Council’s commitments: - Council Vision - Councillor statement - Statement of Acknowledgement - Statement of Diversity - An Inclusive Organisation  Standards of Conduct – outlines the five standards of conduct prescribed in the Act 2020, essentially replacing principles of previous codes of conduct, and include: 1. Treatment of Others 2. Performing the role of Councillor 3. Compliance to Good Governance Measures 4. Councillors must not discredit or mislead council or public standard 5. Standards do not limit robust political debate.  Specific Councillor Conduct Obligations – outlines further conduct required of Councillors  Relevant laws, regulations and policies – updated and new added  Appendices: - Roles of Council, Councillors, Mayor, Deputy Mayor(s), CEO - Dispute resolution and breach process

A copy of the Draft Councillor Code of Conduct is provided as Attachment 1.

Community Engagement

Community engagement has not been undertaken.

Financial Implications

There are no financial implications.

Conclusion

As required by Section 139 of the Local Government Act 2020 (Act 2020), Council must endorse an updated Councillor Code of Conduct, by 24 February 2021.

Council officers have prepared the Draft Councillor Code of Conduct to comply with the Act 2020 requirements. Refer to Attachment 1 for a copy of the Draft Councillor Code of Conduct.

Attachments

1. Councillor Code of Conduct [5.6.1 - 15 pages]

Council Meeting - 2 February 2021 Page 51 Attachment 5.6.1

CASEY.VIC.GOV.AU

Councillor Code of Conduct

Approval Body: Council Endorsement Date: TBA (2 February 2020) Council Plan Reference: 3.2 Current Version: 9.3 Council policy documents change from time to time and it is recommended that you consult the electronic reference copy on Casey Council's Website to ensure that you have the current version. Alternatively, you may contact Customer Service on 9705 5200.

Compulsory Review Cycle: 4 years Review Date: TBA (2 February 2025) It is recognised that, from time to time, circumstances may change leading to the need for minor administrative changes to this document. Where an update does not materially alter this document, such a change may be made administratively. Examples include a change to the name of a Council department, a change to the name of a Federal or State Government department, and a minor update to legislation which does not have a material impact. However, any change or update which materially alters this document must be by resolution of Council.

Responsible Department: Governance Relevant Legislation: Local Government Act 2020 Privacy and Data Protection Act 2014 Equal Opportunity Act 2010 Occupational Health and Safety Act 2004 The Charter of Human Rights and Responsibilities 2006 Relevant Council Governance Rules Documents: Communications Policy Community Engagement Policy Public Transparency Policy Protocols for Councillors – Land Use Planning Gifts and Hospitality Policy for Councillors Council Expenses Policy Breaches: Councillor Code of Conduct Local Government Act 2020 ECM ID: TBA

Council Meeting - 2 February 2021 Page 52 Attachment 5.6.1

Councillor Code of Conduct (Version 9.3)

Preamble The Council of the City of Casey comprises three Administrators appointed by the Minister for Local Government in adherence with the Local Government Act 2020. Administrators are appointed in place of elected Councillors to October 2024. All references to Councillors in this document equally refers to the Administrators. All references to Mayor in this document refers to the Chair Administrator.

1. Introduction This Code of Conduct sets the standards of conduct, behaviour and commitments of Councillors at the City of Casey. Statement – Casey Councillors Councillors are leaders elected to Council to provide vision, strategic direction and to make policy decisions for the benefit of the whole community. In doing so, Councillors will: • Strive at all times to achieve continuous improvement in performance and outcomes for the City of Casey • Encourage a positive culture focused on results and high-quality customer service • Adopt straight forward and effective customer focused approaches to governance, to minimise inefficient processes and red tape. Our Community Vision The City of Casey’s vision is ‘Creating Australia’s Most Liveable City’. In 2016, City of Casey conducted its biggest ever community engagement project, Casey Next, to gain a deeper insight into what the community needs and expects from Council. The Council Plan 2017-21 sets out the organisations goals, objectives and strategies to achieve and contribute to realising Council’s long-term vision. Each year we ask our community what matters to them most to deliver on the priorities and ensure that Casey families can live, work and play in a place that they are proud of. Statement of Acknowledgement The City of Casey proudly acknowledges the traditional owners, Casey’s Aboriginal communities and their rich culture and pays respect to their Elders past, present and future. We acknowledge Aboriginal people as Australia’s first peoples and as the traditional owners and custodians of the land on which we work and live. Statement of Diversity The City of Casey is home to remarkable diversity with many cultures, languages, faiths and communities of worship, ages, LGBTIQ+ identities, and landscapes together forming our rich and dynamic community story. From our first Australians to our most recent arrivals and every wave between, the City of Casey welcomes and represents all community members and their respective ambitions to live healthy, rewarding, and happy lives. We recognise this diversity as our strength and we aim to share, nurture, and celebrate it. An Inclusive Organisation Casey City Council is an inclusive organisation committed to fairness and equality for all community members. Council recognises and works to address the historical and systemic barriers experienced by certain populations including women and girls, new arrivals and those with limited cultural and language proficiency, LGBTIQ+ communities, those living with a disability and those experiencing economic and social disadvantage.

2. Purpose and Intent The purpose of local government is to provide a system under which Councils perform the functions and exercise the powers conferred by or under the Local Government Act 2020 and any other Act for the peace, order and good governance of their municipal districts. Good governance relies on good working relations between councillors. This code: • specifies the agreed standards of conduct and behaviour required by Councillors for the ethical and professional performance of duties under Section 139 of the Local Government Page 2 of 15

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Councillor Code of Conduct (Version 9.3) Act 2020 (the Act) • demonstrates Councillor commitment to working together in the best interest of the people within Casey, and to perform their responsibilities to their best of their skill and judgement • mandates councillor conduct designed to build public confidence in the integrity of local government.

3. Scope This Code applies to all Administrators appointed to the City of Casey. Councillors will adhere to all relevant laws, regulations and policies, and in particular, this Code should be read in conjunction with the relevant legislation and council documents referenced in this document.

4. Definitions

Administrators means the individuals appointed to City of Casey by the Minister for Local Government. In this document, Councillor / Councillors also refers to Administrators.

Council means Casey City Council, being a body corporate constituted as a municipal Council under the Local Government Act 2020. Councillors means the individuals holding the office of a member of Casey City Council. In this document, Administrator also refers to Councillor/Councillors. Council officer means the Chief Executive Officer and staff of Council appointed by the Chief Executive Officer.

Mayor means the individual holding the office of Mayor of Casey City Councillor. In this document, Chair Administrator also refers to Mayor.

5. Standards of Conduct Councillors acknowledge and agree with the following Standards of Conduct as specified in Regulation 12 and Schedule 1 of the Local Government (Governance and Integrity) Regulations 2020: 1. Treatment of Others 2. Performing the role of Councillor 3. Compliance to Good Governance Measures 4. Councillors must not discredit or mislead council or public 5. Standards do not limit robust political debate In doing so the Councillors, as community and civic leaders of the City of Casey, commit to lead by example, promoting the highest standards of good governance in the way Council business is conducted. When a Councillor is elected they swear to uphold the oath or affirmation of office which states that they will: “undertake the duties of the office of Councillor in the best interests of the municipal community of Casey. I will abide by the Councillor Code of Conduct and uphold the standards of conduct set out in the Councillor Code of Conduct. I will faithfully and impartially carry out and exercise the functions, powers, authorities and discretions vested in me under the Local Government Act 2020 and any other Act to the best of my skill and judgement.” Councillors are to make this declaration, in writing and witnessed by the CEO, that they abide by the Councillor Code of Conduct within one month of its approval. 5.1. Treatment of Others A Councillor must, in performing the role of a Councillor, treat other Councillors, members of

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Councillor Code of Conduct (Version 9.3) Council staff, the municipal community and members of the public with dignity, fairness, objectivity, courtesy and respect, including by ensuring that the Councillor — 5.1.1. takes positive action to eliminate discrimination, sexual harassment and victimisation in accordance with the Equal Opportunity Act 2010 5.1.2. supports the Council in fulfilling its obligation to achieve and promote gender equality 5.1.3. does not engage in abusive, obscene or threatening behaviour in their dealings with members of the public, Council staff and Councillors 5.1.4. in considering the diversity of interests and needs of the municipal community, treats all persons with respect and has due regard for their opinions, beliefs, rights and responsibilities. 5.2. Performing the role of Councillor A Councillor must, in performing the role of a Councillor, do everything reasonably necessary to ensure that the Councillor performs the role of a Councillor effectively and responsibly, including by ensuring that the Councillor — 5.2.1. undertakes any training or professional development activities the Council decides it is necessary for all Councillors to undertake in order to effectively perform the role of a Councillor 5.2.2. undertake Councillor Induction Training as per section 32 of the Act and must be conducted in person or by electronic means. Councillor must also make a written declaration before the CEO after completing Councillor Induction Training 5.2.3. diligently uses Council processes to become informed about matters which are subject to Council decisions 5.2.4. is fit to conscientiously perform the role of a Councillor when acting in that capacity or purporting to act in that capacity 5.2.5. represents the interests of the municipal community in performing the role of a Councillor by considering and being responsive to the diversity of interests and needs of the municipal community. An understanding and agreement of the different roles within Council helps achieve good governance. The key roles are outlined in Appendix 9.1. 5.3. Compliance to Good Governance Measures A Councillor, in performing the role of a Councillor, to ensure good governance of the Council, must diligently and properly comply with the following — 5.3.1. any policy, practice or protocol developed and implemented by the CEO in accordance with section 46 of the Act for managing interactions between members of Council staff and Councillors 5.3.2. the Council Expenses Policy adopted and maintained by the Council under section 41 of the Act 5.3.3. the Governance Rules developed adopted and kept in force by the Council under section 60 of the Act 5.3.4. any directions of the Minister issued under section 175 of the Act 5.3.5. laws, regulations and policies and in particular this Code should be read in conjunction with the relevant legislation and council documents referenced in this document. 5.4. Councillor must not discredit or mislead Council or public To effectively fulfil their role elected representatives are provided with information, privileges and power. In performing the role of a Councillor — 5.4.1. a Councillor must ensure that their behaviour does not bring discredit upon the Council 5.4.2. a Councillor must not deliberately mislead the Council or the public about any matter related to the performance of their public duties. 5.5. Standards do not limit robust political debate Nothing in these standards is intended to limit, restrict or detract from robust public debate in a democracy.

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Councillor Code of Conduct (Version 9.3) 6. Specific Councillor Conduct Obligations Good governance at Council is dependent on how well the relationship between the Councillors and the organisation works, as well as mutual respect and understanding between councillors and officers in relation to their respective roles, functions and responsibilities. 6.1. Values and Behaviours 6.1.1. Courtesy and Respect Treating all people with courtesy and respect, recognizing that there are legitimate differences in opinions, race, culture, religion, language, gender and abilities. This includes: • Treating members of the community with dignity and ensuring that neither offence nor embarrassment are caused • Treating fellow Councillors with respect, even when disagreeing with their views or decisions • Debating contentious issues without resorting to personal acrimony or insult; and • Ensuring their punctual attendance at the Council Meeting and all other meetings associated with Council. 6.1.2. Integrity and Honesty Always acting with integrity and honesty, this includes — • Being honest in all dealings with the community, with other Councillors and with Council employees • Always acting with impartiality and in the best interests of the community as a whole • Not acting in ways that may damage the Council or its ability to exercise good government • Exercising reasonable care and diligence in performing their functions as Councillors • Complying with all relevant laws, be they Federal, State or Local Laws. 6.1.3. Positions of Trust Recognising that they hold a position of trust and will not misuse or derive undue benefit from their positions, this includes — • Councillors will avoid conflicts of interest and comply with the relevant provisions of the Act and this Code of Conduct relating to interests and conflicts of interest • will not exercise undue influence on other Councillors, members of Council employees or members of the public to gain or attempt to gain an advantage for themselves • Councillors must complete the Initial and then the Biennial Interest Returns as required by the Act. 6.2. Communication & Decision Making Councillors have a primary responsibility to be responsive to community views and to adequately communicate the attitudes and decisions of Council. Council will be open and transparent in its decision making and encourage community participation in Council meetings. Councillors will — • Commit to making all decisions impartially and in the best interests of the community • Make fair and unbiased decisions by adhering to the principles of natural justice • Consider a person’s interests which may be affected by a Council decision • Regularly attend meetings of Council, actively and openly participating in the decision- making process, striving to be informed so as to achieve the best outcome for the community • Seek approval of Council for leave of absence from council Meetings • Respect the views of the individual in debate, however, also accept that decisions are to be based on a majority vote • Ensure to not reflect negatively on other individual Councillors or the Council when expressing their own independent views Page 5 of 15

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Councillor Code of Conduct (Version 9.3) • Not make allegations which are personally offensive, derogatory or defamatory • Treat all matters on individual merit and base decision making on facts. Councillors must ensure that the use of social media, and all written and verbal communication, minimises the exposure of Council and Councillors to legal and reputational risk. Councillors will commit to online/electronic communication including Council briefing and meetings. In doing so Councillors prioritise environmental sustainability, aiming to be paperless and maximise use of technology. All electronic communication should be treated as discoverable and any document read or created as a council document should be treated as a council record, which should be destroyed, altered, shared or disposed of in accordance with policy. Refer to Council’s Public Transparency Policy, Communication Policy, Community Engagement Policy and Governance Rules. 6.3. Use of Council Resources Councillors recognise the need to exercise appropriate prudence in the use of Council resources and that they are used solely in the public interest. This includes — • maintaining appropriate separation between their personal property and Council property in the care of the Council • maintaining appropriate security over Council property, facilities and resources provided to assist them in performing their role; and adhering to any guidelines or policies that have been established for the use of Councillor resources and facilities • not using public funds or resources in a manner that is improper or unauthorized, including in a way that creates an impression of Council endorsement • not using Council resources, including staff, facilities, equipment and/or intellectual property for electoral or other purposes • ensuring that all expense claims are accurate, are supported by the relevant documentation and strictly relate to Council business. Councillors are committed to implementing a transparent, thorough and regular system of reporting on their use of Council funds and property during the course of performing their duties. Refer to Council’s Expenses Policy and IT Security Policy. 6.4. Councillor Relationships with Council Staff As detailed in Section 46 of the Act, the CEO is responsible for Council staff which includes appointing, directing and managing staff. Councillors will respect the role of the Council’s officers and employees and treat them in a way that always engenders mutual respect. This includes — • working as part of the Council team with the CEO and other employees. There must be respect and understanding between Councillors and Officers in relation to their respective roles, functions and responsibilities • recognizing that the Councillor role is one of advocacy and leadership rather than management and administration, the CEO is responsible for all employee matters • not involving themselves in any personnel matter relating to staff, except for the CEO and will advise the CEO if they have concerns that staff have taken action contrary to a formal policy or decision of Council • acting with courtesy towards Council employees and avoiding behaviour that is intimidating and being aware of legislative obligations with respect to equal opportunity, harassment and discrimination • refraining from using their position to improperly influence employees in their duties or to gain an advantage for themselves or others. 6.5. Conflicts of Interest Council is committed to making all decisions impartially and in the best interests of the whole community. Councillors therefore recognise the importance of fully observing the requirements of the Act in regard to the disclosure of conflicts of interest. Councillors must identify, manage and disclose any conflicts of interest they may have and comply with the requirements and follow the procedures as set out in the Act and Governance Rules, to maintain the integrity of the decision making process. Page 6 of 15

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Councillor Code of Conduct (Version 9.3) In addition to the requirements of The Act, Councillors will — • give early consideration to each matter to be considered by the Council, Council Briefing, or any other meeting held under the auspices of Council at which he or she is present to ascertain if they have a conflict of interest, and notify the Mayor as well as the Chief Executive Officer • give consideration on whether a conflict of interest exists • recognise that the legal onus to determine whether a conflict of interest exists rests entirely with each individual Councillor and the Council Officers cannot offer any advice in relation to potential conflicts. If a Councillor cannot confidently say that he or she does not have a conflict of interest, the Councillor will declare a conflict of interest and comply with the relevant requirements as if they had a conflict of interest • notify, as soon as possible, the Mayor or the Committee Chair if they consider that they are unable to vote on a matter because of a conflict of interest depending on whether the matter is to be considered by the Council or a delegated committee. Refer to Sections 126 through to 131 of the Local Government Act 2020 to view the requirements in full. 6.6. Land use planning Councillors should be aware that there are circumstances in which staff have independent / delegated authority which is conferred by other legislation. For example, Statutory Planning Officers have a range of powers and responsibilities under the Planning & Environment Act 1987, whereby decisions on land use planning applications are made by Council officers. Other matters may include permits, infringement, prosecutions. Councillors must ensure that all land use planning, development assessment and all other regulatory decisions are properly made, and that all parties are treated fairly and equally. You must always avoid any occasion or situation where there may be a suspicion or perception of improper conduct in the exercise of land use planning, development assessment and other regulatory functions, by adhering to the Protocols for Councillors – Land Use Planning. In exercising land use planning, development assessment and other regulatory functions, Councillors must ensure that no action, statement or communication between themselves and others conveys any suggestion of willingness to improperly provide concessions or preferential or unduly unfavourable treatment. Councillors should refer to the Protocols for Councillors - Land Use Planning to ensure their appropriate conduct and to create greater certainty and transparency to the community about Councils role and decision making processes and the opportunity to engage with Council on this. 6.7. Gifts, Benefits and Hospitality Councillors should avoid situations giving rise to the appearance that a person or body, through the provision of gifts, benefits or hospitality of any kind, is attempting to secure favourable treatment or could be perceived as influencing and/or improper in the circumstances. Councillors must be aware of their responsibilities and the reporting procedure to deal with gifts and hospitality that may be offered to them as part of their role as a Councillor. Councillors and the City of Casey are supported to avoid conflicts of interest, maintain high levels of integrity and build public trust through the Gifts, Benefits and Hospitality Policy for Councillors. 6.8. Elections (Council, State & Federal elections) Councillors are committed to fair and democratic Council elections and therefore adopts and endorses the practices and legislative requirements set out in Council’s Election Period Policy incorporated in the Casey Governance Rules and the LGA respectively. Councillors are required to follow any guidelines issued in relation to Candidature of Councillors in State or Federal Elections. These include the Municipal Association of Victoria’s Policy position regarding Candidature of Councillors in State or Federal Elections or Local Government Victoria guidelines. Council must not use Council resources, including staff, equipment and/or intellectual property for electoral purposes. 6.9. Misuse of position In order to effectively fulfil their role elected representatives are provided with information,

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Councillor Code of Conduct (Version 9.3) privileges and power. To maintain the integrity of their position and the reputation of Council, Councillors must not intentionally misuse, or seek to misuse, their position. In summary this means that Councillors must not misuse their position to gain, or attempt to gain, directly or indirectly an advantage for themselves or any other person, or to cause, or attempt to cause detriment to the Council or another person. Councillors must not — • improperly use information acquired through their position as a Councillor • disclose information that is confidential information • improperly direct or influence a member of Council staff or members of the public • exercise or perform a power, duty or function not authorized to exercise or perform • improperly use public resources • fail to declare a conflict of interest when participating in a decision on a matter. Penalty for a breach: 600 penalty units or imprisonment for 5 years and is an indictable offence. Please see Section 123 of the Local Government Act 2020 to view the requirements in full. 6.10. Directing a member of Council staff Many Council officers hold positions which require specialised knowledge and skills. It is the duty of the Council officer to provide information, advice and recommendations to the best of their professional ability. Councillors cannot direct or improperly influence, or attempt to direct or improperly influence, the functions, duties, actions, recommendations or advice provided by Council officers. Councillors must not intentionally direct, or seek to direct, a member of Council staff — • in the exercise of a delegated power, or the performance of a delegated duty or function of the Council • in the exercise of a power or the performance of a duty or function exercised or performed by the member as an authorised officer under this Act or any other Act • in the exercise of a power or the performance of a duty or function the member exercises or performs in an office or position the member holds under this Act or any other Act • in relation to advice provided to the Council or a delegated committee, including advice in a report to the Council or delegated committee. Penalty for a breach: 120 penalty units. Please see Section 124 of the Local Government Act 2020 to view the requirements in full. 6.11. Confidential Information Councillors are provided with a wide range of information in order for them to fulfil their role. Often, that includes confidential information that they would not otherwise have access to. Councillors must not intentionally or recklessly release or disclose information that they know, or should reasonably know, is confidential information. Councillors must remain impartial and must not use council information to gain advantage for themselves or any other person. Information is confidential information if it is — • provided for a closed council or delegated committee meeting • designated confidential by resolution of a council or delegated committee • designated confidential by the CEO. In general this includes: • not without lawful authority, disclose otherwise than to the Council, a Councillor, or member of staff entitled to know, information concerning personnel matters concerning particular individuals • the personal hardship of any resident or ratepayer • commercial information the disclosure of which would likely to prejudice the commercial position of Council and/or any entity engaged with Council • to confer a commercial advantage on a competitor of Council • to reveal a trade secret

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Councillor Code of Conduct (Version 9.3) • proposals for the sale or purchase of land or the rezoning of land. entering into contracts of any kind, if priori knowledge of those proposals could confer an unfair financial advantage on any person • information that is subject to legal obligations of confidence • information including the consideration of legal advice concerning litigation or which would otherwise be privileged from production in legal proceedings on the ground of a legal professional privilege • the disclosure of information of which would prejudice the maintenance of the law • matters affecting the security of Council, Councillors, Council staff or Council property. Penalty for a breach: 120 penalty units. There are some circumstances when a Councillor may disclose confidential information including for any legal proceedings, an order of a court or tribunal, internal arbitration, Councillor Conduct Panel, Municipal Monitor, Chief Municipal Inspector, Commission of Inquiry, and required by a law enforcement agency. Please see Section 125 of the Local Government Act 2020 to view the requirements in full. 6.12. Dispute Resolution Councillors have an individual and collective responsibility to try every avenue possible to resolve disputes internally and from allowing them to escalate further. Appendix 9.2 outlines the dispute resolution intended to be used in the event Councillors have been unable to resolve a dispute or an interpersonal conflict amongst themselves, or where the situation is unduly affecting the operation of the Council. It is not intended to resolve differences in policy or decision making, which are appropriately resolved through discussion, debate and voting in Council. 6.13. Breaches Misconduct by a Councillor means any breach by a Councillor of the prescribed standards of conduct included in the Councillor Code of Conduct and defined in Section 3 of the Act. Breaches of the Councillor Code of Conduct will be dealt with under the provisions of the Act, along with other legislative provisions as may apply and the rules of natural justice observed. • Allegations of misconduct, serious misconduct and gross misconduct are dealt with by either an Arbiter, Councillor Conduct Panel or VCAT (Victorian Civil & Administrative Tribunal). Internal arbitration as outlined in Section 141 to 147 of the Act and Regulation 11 of the Local Government (Governance and Integrity) Regulations 2020. • Councillor Conduct Panel may be established where a matter cannot be resolved internally by application. Refer to Section 154 to 174 of the Act. • VCAT may hear an application made by the Chief Municipal Inspector (CMI) that alleges gross misconduct by a Councillor. Refer to Section 171 to 172 of the Act. As part of an integrity system for Victoria IBAC (Independent Broad-Based Anti-Corruption Commission) has a major role in the provisions of the Public Interest Disclosure Act 2012 in investigating any possible improper or corrupt conduct of Councillors. Any disclosures regarding a Councillor is to be made direct to IBAC.

Refer to Appendix 9.2 for further details.

7. Relevant Forms • Initial & Biennial Returns • Conflicts of Interest Disclosure Form

8. Document History Date approved Change Type Version Next Review Date TBA (Council Meeting Major Changes in line with Local 9.3 2 February 2025 2 February 2021) Government Act 2020

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Councillor Code of Conduct (Version 9.3) 9. Appendix

9.1 Leadership Roles An understanding and agreement of the different roles within Council helps achieve good governance. The key roles are outlined below. 9.1.1. Role of the Council The Council of the City of Casey comprises three Administrators appointed by the Minister for Local Government in adherence with the Local Government Act 2020. Section 8 of the Act provides that the role of a Council is: 1. The role of Council is to provide good governance in its municipal district for the benefit and wellbeing of the Casey community. 2. A Council provides good governance if – a. it performs its role in accordance with section 9 of the Act b. the Councillors of the Council perform their roles in accordance with section 28 of the Act. 3. In performing its role, a Council may – a. performance any duties or functions or exercise nay powers conferred on a Council by or under this Act or any other Act; and b. perform any other functions that the Council determines are necessary to enable the Council to perform its role. 4. If it is necessary to do so for the purpose of performing its role, a Council may perform a function outside its municipal district. 9.1.2. Role of the Mayor The Mayor is the elected leader of the Council and is the key official representative and spokesperson of Council. The Mayor has a key role in facilitating good relationships between Councillors, and between Councillors, the Chief Executive Officer and Executive Management Team. The City of Casey Mayor role is conducted by Chair Administrator. 1. Section 18 of the Act provides that the role of a Mayor is: a. chair Council meetings; and b. be the principal spokesperson for the Council; and c. lead engagement with the Casey community on the development of the Council Plan; and d. report to the Casey community, at least once each year, on the implementation of the Council Plan; and e. promote behaviour among Councillors that meets the standards of conduct set out the in the Councilor Code of Conduct; and f. assist Councilors to understand their role; and g. take a leadership role in ensuring the regular review of the performance of the Chief Executive Officer (CEO); and h. provide advice to the CEO when the CEO is setting the agenda for Council meetings; and i. perform civic and ceremonial duties on behalf of the Council. 2. Section 19 of the Act provides the specific powers of a Mayor are: a. to appoint a councillor to be the chair of a delegated committee b. to direct a councillor, subject to any procedures or limitations specified in the Governance Rules, to leave a council meeting if the behaviour of the councillor is preventing the council from conducting its business 3. to require the CEO to report to the council on the implementation of a council decision.

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Councillor Code of Conduct (Version 9.3) 9.1.3. Role of the Deputy Mayor/s Section 21 of the Act provides that Council may establish an office of Deputy Mayor with the role and powers of the Mayor if: 1. the mayor is unable for any reason to attend a council meeting or part of a council meeting 2. the Mayor is incapable of performing the duties of the office of Mayor for any reason, including illness 3. the office of Mayor is vacant. 9.1.4. Role of Councillors Section 28 of the Act provides the role of a Councillor is to: 1. Participate in the decision-making of the Council; 2. Represent the local community in that decision-making; and 3. Contribute to the strategic direction of the Council through the development and review of key strategic documents of the Council, including the Council Plan. In performing the role of a Councillor, a Councillor must: 1. Consider the diversity of interests and needs of the local community; and 2. Observe principles of good governance and act with integrity; and 3. Provide civic leadership in relation to the exercise of the various functions and responsibilities of the Council under this Act and other Acts; and 4. Participate in the responsible allocation of the resources of Council through the annual budget; and 5. Facilitate effective communication between the Council and the community. 6. Act lawfully and in accordance with the oath or affirmation of office, standards of conduct and comply with Council procedures required for good governance. The role of a Councillor does not include the performance of any functions that are specified as functions of the Chief Executive Officer. 9.1.5. Functions of the Chief Executive Officer Section 46 of the Act provides all of the functions of the CEO. Generally, the CEO is responsible for: 1. establishing and maintaining an appropriate organisational structure for the Council; and 2. ensuring that the decisions of the Council are implemented without undue delay; and 3. the day to day management of the Council’s operations in accordance with the Council Plan; and 4. developing, adopting and disseminating a code of conduct for Council staff; and 5. providing timely advice to the Council; and 6. ensuring that the Council receives timely and reliable advice about its legal obligations under this Act and any other Act; and 7. supporting the Mayor in the performance of the Mayor’s role as Mayor; 8. carrying out the Council’s responsibilities as a deemed employer with respect to Councillors, as deemed workers, which arise under or with respect to the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013; and 9. performing any other function or duty of the Chief Executive Officer specified in this Act or any other Act. The Chief Executive Officer is responsible for managing interactions between Council staff and Councillors including by ensuring that appropriate policies, practices and protocols are in place defining appropriate arrangements for interaction between Council staff and Councillors. Councillors must respect the functions of the Chief Executive Officer and comply with the policies, practices and protocols defining appropriate arrangements for interaction between Council staff and Councillors that are put in place by the Chief Executive Officer.

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Councillor Code of Conduct (Version 9.3) 9.2 Dispute Resolution In maintaining the integrity of this code, this dispute and conflict resolution process is intended to be used in the event Councillors have been unable to resolve a dispute or an interpersonal conflict amongst themselves, or where the situation is unduly affecting the operation of the Council. It is not intended to resolve differences in policy or decision making, which are appropriately resolved through discussion, debate and voting in Council. 9.2.1 Disputes between Councillors and Staff The Chief Executive Officer has sole responsibility for the management of Council staff. In the event of a Councillor wishing to lodge a complaint against a member of Council staff, this complaint must be lodged with the CEO. Where the complaint is about the CEO the Councillor concerned will raise the matter in camera under Urgent Business at the Council Meeting. The Council will then determine how the complaint will be mediated/resolved. Where a staff member has a complaint in respect of a Councillor, the complaint may be made to the CEO who will, if deemed appropriate, discuss the matter with the Mayor. Where the Mayor deems a breach of the Councillor Code of Conduct has occurred, the Mayor will progress the matter in accordance with this dispute resolution process. Where the complaint involves the Mayor, the CEO will discuss the matter with the Deputy Mayor. 9.2.2 Disputes between Councillors Conflict and/or disputes emerge when the differences between Councillors become personal or the behaviour of Councillors towards each other is of a nature that threatens the effective operation of Council’s decision-making process. Before commencing any formal dispute resolution process, Councillors who are parties to any disagreement, have an individual and collective responsibility to try every avenue possible to resolve such disputes between themselves in a courteous and respectful manner to prevent them from further escalating. A dispute may arise between two individual Councillors, between one Councillor and a group of Councillors or between two or more different groups of Councillors. The following dispute resolution procedure will apply regardless of the dynamics and numbers involved. The Council’s three phase dispute resolution process involves — 1. direct negotiation between the parties in dispute, with the Mayor (or Deputy Mayor) in attendance to provide guidance 2. external mediation by an independent mediator engaged by the Chief Executive Officer 3. an internal resolution procedure involving an independent arbiter.

Either or both Application made Application alleging breach of A Councillor parties may in writing to the Councillor Code of Conduct who does not request in Councillor submitted to Councillor participate in writing that the Conduct Officer Conduct officer. Internal Mayor to including name of Application must specify resolution may convene a Councillor and name of Councillor alleged to be guilty of meeting of details of dispute have breached Code, the misconduct both parties. The Councillor relevant provision, evidence and be

Direct NegotiationDirect referred to a

If not resolved, External Mediation Conduct Officer in support of allegation. Councillor either party will advise the Councillor Conduct Officer can escalate to Mayor and CEO Conduct will advise the Mayor & CEO Panel Conduct Councillor Panel. external of application. of application and provide a

mediation. If external Process Arbitration Internal copy of application to the mediation is alleged Councillor within 2 unable to resolve days of reciept dispute, matter An independent arbiter will be can be escalated appointed to hear the to internal application resolution procedure. An arbiter will provide writen statements of findings to the Council, the applicant and the respondent.

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Councillor Code of Conduct (Version 9.3) Phase 1 – Direct negotiation Where Councillors who are in dispute have not been able to resolve the dispute between them, either (or both) party (parties) may request the Mayor to convene a meeting of the parties. A dispute referred for direct negotiation may relate to: 1. an interpersonal conflict between Councillors where the conflict is or is likely to affect the operations of the Council; or 2. an alleged contravention of the Councillor Code of Conduct. The party requesting the direct negotiation meeting is to provide the Mayor with the name of the other Councillor and the details of the dispute in writing. The requestor is to notify the other party of the request and provide him or her with a copy of the written request either at the same time as it is provided to the Mayor or as soon as practicable thereafter. The Mayor is to ascertain whether or not the other party is prepared to attend a “direct negotiation” meeting. If the other party is not prepared to attend a meeting, the Mayor is to advise the requestor forthwith. No further action is required of the Mayor. If the other party declines to participate in a meeting, this does not constitute a contravention of this Councillor Code of Conduct. If the other party consents to a meeting, the Mayor is to convene a meeting of the parties at the earliest available opportunity. Unless one or both parties are unavailable, this should be within 5 working days of receiving the consent of the other party. The role of the Mayor at the meeting is to provide guidance to Councillors about what is expected of a Councillor including in relation to the role of a Councillor under section 28 of the Act, and the observation of the prescribed standards of conduct in the Councillor Code of Conduct. The Mayor is to document any agreement reached at the meeting. Copies of the agreement are to be provided to both parties. Where one party does not comply with the agreement, the other party has recourse to external mediation or the internal resolution procedure where the matter relates to an alleged contravention of the Councillor Code of Conduct. If the parties cannot resolve the dispute at the meeting, a further meeting may be convened with the consent of both parties. Where the dispute remains unresolved, either or both of the parties have recourse to external mediation or the internal resolution procedure where the matter relates to an alleged contravention of the Councillor Code of Conduct. Where the Mayor is a party to the dispute, the request is to be made to the Deputy Mayor (if any) or the immediate past Mayor. The Deputy Mayor or the immediate past Mayor will perform the functions ascribed to the Mayor. Phase 2 – External mediation A Councillor or a group of Councillors may make an application for a dispute to be referred for external mediation whether or not the dispute has been the subject of an application for “direct negotiation”. An application made for a dispute to be referred for external mediation may relate to: 1. an interpersonal conflict between Councillors where the conflict is or is likely to affect the operations of the Council; or 2. an alleged contravention of the Councillor Code of Conduct. The applicant is to submit a written application to the Councillor Conduct Officer setting out the name of the Councillor and the details of the dispute. The application is to indicate that the application is for an “external mediation”. The applicant is to notify the other party of the request and provide him or her with a copy of the application either at the same time that it is submitted to the Councillor Conduct Officer or as soon as practical thereafter. The Councillor Conduct Officer is to ascertain (in writing) whether or not the other party is prepared to attend an “external mediation”. If the other party declines to participate in an external mediation, he or she is to provide their reasons for doing so in writing to the Councillor Conduct Officer. These reasons may be taken into account if the matter is, subsequently, the Page 13 of 15

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Councillor Code of Conduct (Version 9.3) subject of an application for a Councillor Conduct Panel. When the other party declines to participate in an external mediation, this does not constitute a contravention of this Councillor Code of Conduct. If the other party agrees to participate in an external mediation, the Principal Conduct Officer is to advise the applicant, the Mayor and Chief Executive Officer forthwith. The Chief Executive Officer is to engage the services of an external mediator to conduct the mediation at the earliest practicable opportunity. The mediator is to document any agreement reached at the meeting. Copies of the agreement are to be provided to both parties. Where one party does not comply with the agreement, the other party has recourse to the internal resolution procedure where the matter relates to an alleged contravention of the Councillor Code of Conduct. If the parties cannot resolve the dispute at the meeting, a further meeting may be convened with the consent of both parties. Where the dispute remains unresolved, the applicant has recourse to the internal resolution procedure where the matter relates to an alleged contravention of the Councillor Code of Conduct. Phase 3 - Internal arbitration process An application for an internal arbitration process to make a finding of misconduct against a Councillor may be made by— • the Council following a resolution of the Council; or • a Councillor or a group of Councillors. An application under section 143 of the Act must be made within 3 months of the alleged misconduct occurring. Refer to section 141 to 147 of the Act for full details of the internal arbitration process. 9.2.3 External processes As outlined in 6.13, external process may be conducted for allegations of misconduct, serious misconduct and gross misconduct. Councillor Conduct Panel may be established by application, where a matter cannot be resolved internally. Refer to Section 154 to 174 of the Act. VCAT may hear an application made by the Chief Municipal Inspector (CMI) that alleges gross misconduct by a Councillor. Refer to Section 171 to 172 of the Act.

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6.2.4 Flow diagram

Applicant Grounds Findings Consequence

Misconduct Council Mediation Any breach by a Coucnillor of Councillor the prescribed standards of f Remedial action Training Councillors conduct in the Coucnillor Code Counselling

of Conduct.

Serious Misconduct Failure to comply with internal Internal Arbitration Apology Council resolution procedure or written Misconduct Suspension (Max 1 month) direction under section 147. Process Councillor by Councillor Removed from any position Failure to attend Councillor Councillor Conduct where Councillor Councillors Conduct Panel hearing or Panel represents Council (period Chief Municipal Inspector comply with direction of panel. determined by Arbiter)

Repeated misconduct after a Officer Conduct Councillor Removed from chair of finding of misconduct by an delegated committee (for arbiter or Coucnillor Conduct period determined by Panel under section 167(1)(b). arbiter) Bullying of councillor or staff Training or counselling. member. Sexual harassment of a Councillor or staff member. Reprimand Disclosure of confidential information. Apology Directing, or seeking to direct a Suspend (max 12 months) staff member. Serious misconduct Ineligible to or removed f Failure to disclose a conflict of by Councillor from chair of delegated interest and to exclude committee thesmesleves from decision Removed from any position making in accordance with the where Councillor represents Act. Council.

Gross Misconduct Chief Municipal Inspector Not of good character. VCAT Gross misconduct Disqualification from Not a fit and proper person to continuing to be a Councillor hold office of Councillor, by councillor (max 8 years) including behaviour that is sexual harassment and that is of an egregious nature.

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Local Roads and Community Infrastructure Program ITEM: 5.7. Phase 2 City Planning and Infrastructure City and Asset Planning Keri New

Purpose of Report: To seek Council delegation to submit and accept funds associated with projects to be submitted to the Local Roads and Community Infrastructure Program.

Recommendation

That the CEO be delegated execute the Local Roads and Community Infrastructure Grant Agreement of $10,391,305 and to make any changes to projects should this be required.

Officer General or Material Interest

No Council officers involved in the preparation of this report have a general or material interest in matters for consideration.

Council Plan Reference

1. People Driven 1.2 A council whose services and facilities are driven by community needs 1.3 A City with an accessible and well connected transport network

Executive Summary

The Federal Government Local Roads and Community Infrastructure Program (LRCI Program) provides a great opportunity for Council to fast track much needed infrastructure projects and moderate the impact of the COVID-19 pandemic on Casey’s economy.

Council has been successful in receiving an additional $10,391,305 through the LRCI Program Phase 2. Infrastructure projects have been chosen for the funding that address community need and the tight delivery timeframe of December 2021. To execute the grant agreement, delegation to the CEO is being sought.

Background

The purpose of the LRCI Program is to stimulate additional infrastructure construction activity in local communities across Australia to assist communities to manage the economic impacts of COVID-19.

The LRCI Program Phase 1 was announced on 22 May 2020. Council was successful in receiving $1,633,695 which was used to bring forward delivery of the following infrastructure projects: Berwick Bowling Club roof structure and lighting, Tooradin pedestrian bridge replacement, Manks Road resealing, and Hallam North Road resealing.

Council Meeting - 2 February 2021 Page 67 On 6 October 2020, as part of the 2020-21 Budget, the Federal Government announced a further $1 billion to extend the LRCI Program. Council will receive an additional $10,391,305 from the LRCI Program Phase 2. The application criteria for the program was received in December 2020.

Under the funding requirement for Phase 2 projects must be completed by December 2021 and be in addition to projects funded within Council’s 2020-21 Capital Program. Given this, infrastructure projects were prioritised based on community need and ability to deliver within 12 months.

The following projects have been identified for submission for assessment. If projects are deemed ineligible Council can nominate alternative projects that meet the funding requirements.

Table 1. Projects to be submitted to the LRCI Program Phase 2 Project Description LRCI funding sort Redevelopment of homestead Ercildoune Homestead Redevelopment $1,196,000 into a community facility Stage 1 includes: earthworks, stormwater, drainage, AG and irrigation, concrete works (for Lochaven Recreation Reserve Stage spectator area, footpath, $4,535,305 1* forecourts), netball courts, cricket nets, play space, fencing, pavement, and electrical works. Renewal and upgrade to meet Olive Road Sporting Complex Indoor compliance and introduce multi- $1,540,000 Netball Stadium Renewal sport opportunities. Cannons Creek Road from Baxter Resealing and widening $630,000 Tooradin Road to Hardy Ave Manks Road from South Gippsland Resealing and widening $600,000 Hwy to No 175/185 Manks Road

North Road from Western Port Hwy to Resealing and widening $600,000 Pearcedale Road

Fisheries Road from North Road to Resealing $410,000 Baxter-Tooradin Road

Robinson Road from Kostic Blvd to Resealing and widening $550,000 Seal Change at No 85 Robinson Road Realignment and reconstruction Berwick Springs Promenade / Ardblair of roundabout and traffic Islands, $330,000 Terrace Roundabout asphalt renewal works and provision of new lighting Total $10,391,305 *Note: Stage 1 has been based on what can be delivered by December 2021. The broader project including the pavilion and ovals will not be completed until 2022.

Council Meeting - 2 February 2021 Page 68 Community Engagement

Through initial stages of the Shape Your City engagement the community have told Council that upgrading of amenities and infrastructure and providing better community and recreation infrastructure is important.

In addition, the community have been engaged on the broader Ercildoune Homestead Redevelopment, including landscaping and potential use for the facility.

If projects are successful, and if additional targeted engagement is required prior to delivery this will be undertaken in alignment with Council’s Community Engagement Policy.

Financial Implications

The LRCI Program provides a great opportunity for Council and the community to bring forward much needed infrastructure projects, and respond to the growing pressures on the capital works program in subsequent years.

A co-contribution of funds by Council is not required under the LRCI Program, however Stage 1 of Lochaven Recreation Reserve will require additional Council rates funding of approximately $1,638,195 within the 2021-22 Capital Program.

Conclusion

The LRCI Program is a great opportunity to fast track infrastructure projects within the City of Casey. In order to execute the funding agreement, it is recommended that the CEO be delegated to sign LRCI Grant Agreement of $10,391,305 and make any changes to the project list deemed necessary through the approval process.

Attachments

Nil

Council Meeting - 2 February 2021 Page 69 Officers’ Reports

Environmental Health Contract Variation ITEM: 5.8. Community Life Safer Communities Caroline Bell

Purpose of Report: To approve a contract variation for the delivery of Council’s Environmental Health Service under Contract No. CT000358.

Recommendation

That Council approve a variation to Contract No. CT000358: Provision of Environmental Health Services.

Officer General or Material Interest

No Council officers involved in the preparation of this report have a general or material interest in matters for consideration.

Council Plan Reference

1. People Driven 1.1 An inclusive, safe and connected community 1.2 A council whose services and facilities are driven by community needs

3. A High Performing Organisation 3.2 An efficient and effective customer focused Council with sufficient resources to meet priorities

Executive Summary

Council currently contracts the delivery of its Environmental Health service to Kernow Environmental Services P/L (Kernows) who have held this and previous Environmental Health service contracts for over 20 years. The current contract has just completed its third year of a five-year term and Kernows have sought a variation to the contract seeking to employ an additional Environmental Health Officer to respond to a significant increase in public health nuisance complaints across the City of Casey, and a greater than anticipated increase in food and health business compliance responsibilities.

Council officers support Kernows request to vary the existing contract. Whilst this request will result in an increase to the budgeted amount for the Year 4 contract payments of $68,932, this can be covered in Council’s overall adopted Public Health budget for the 2020/21 financial year and will not result in any over- expenditure in this area.

Background

Council Meeting - 2 February 2021 Page 70 At its meeting on 15 August 2017, Council awarded the tender for the above-mentioned contract. The contract is for the provision of Environmental Health Services, and primarily aims to protect the health of the community through minimising public health risks.

The Contract is for an initial five (5) year period with an option for two (2) extensions of two (2) years. None of the options for extension have yet been exercised. The current contract expiry date is 31 December 2022.

In the first three (3) years of the contract term, the lump sum payment has been determined according to the tender prices originally submitted in the Schedule of Prices as part of the original tender by the contractor. The contract prices for subsequent years (being Years 4 and 5) shall be adjusted in accordance with CPI, or other amount negotiated.

The conditions of contract allow a CPI price adjustment to the contract at the commencement of Year 4 and Year 5 in line with the Consumer Price Index for Melbourne (All Groups). This rate is currently at 0.9%. It is noted that the existing contractor (Kernows) has issued a letter of intention proposing a 1.9% increase which has been based on a five-year average for Melbourne (All Groups). In recognition of the impact of the current Coronavirus (COVID-19) Pandemic on the CPI rate and the requirement to significantly vary work practices resulting in increased costs to the contractor, Council officers are in agreement with the 1.9% increase for Year 4 of the contract. An increase of 1.5% was adopted as part of Council’s 2020/21 Budget therefore the negotiated increase is 0.04% above the adopted Budget amount. This increase can be covered in the existing adopted Public Health budget through the collection of additional income due to business registration growth.

Furthermore, the existing contractor (Kernows) wrote to the City of Casey on 10 December 2020, seeking a contract variation to employ an additional resource to address the impact of population/business growth on the Environmental Health workloads over the past 12 months. The resource will provide for an additional six-month temporary full time Environmental Health Officer position and enable a review of the previous 12-month workloads to determine if they were directly attributed to the Coronavirus (COVID-19) Pandemic or have longer term impacts on the service. This request has been considered by officers under Clause 5 (Variations) of the contract and the request is supported. It should also be noted that this is the first contract variation request to be received from Kernows in at least the past 15 years.

Due Diligence

Contractor Performance The Contractor has proven to be reliable and to date, has fulfilled its obligations under the Contract. The quality of service has met the required standard, and a constructive working relationship exists with Kernows and their staff which has been maintained throughout the contract period to achieve Council outcomes.

Risk and OHS Compliance The documentation provided by the contractor through the Rapid Global System is compliant. All insurances and securities remain current. Where these documents expire during Year 4 of the contract (e.g. Public Liability Insurance, vehicle insurances etc.) these will be sourced from the contractor and updated through the Rapid Global System.

The Contractor’s compliance with terms and conditions of the contract, including compliance with regulatory and legislative obligations will continue to be monitored throughout the term of the contract

Community Engagement

Council Meeting - 2 February 2021 Page 71 The tender was publicly advertised in 2017. No further community engagement is required at this stage.

Financial Implications

Contract CT000358 is a Lump Sum contract which is subject to adjustment proportional to movements in the Consumer Price Index for Years 4 and 5.

Council has allocated funds in its 2020/21 budget for the works under this Contract which allows for the lump-sum amounts and the additional schedule of rates works.

The amended Lump Sum amounts and contract variation amount as outlined at Attachment A will result in an increase to the budgeted amount for contract payments of $68,932, will be funded from Council’s adopted Public Health budget amount and will not result in any over-expenditure in this area.

Conclusion

Council’s Environmental Health service contractor, Kernow Environmental Services P/L has sought a contract variation to address significant workload increases experienced during 2020 and potentially ongoing into the future as a result of a large increase in the number of new businesses opening within the City of Casey.

Officers are supportive of this request for variation, which will not negatively impact Council’s Public Health budget.

Attachments

1. Environmental Health Contract Variation - Confidential Attachment A - Cover Page [5.8.1 - 1 page]

Council Meeting - 2 February 2021 Page 72 Attachment 5.8.1

Confidential Attachment

ITEM: 5.8

Environmental Health Contract Variation Attachment A

In accordance with section 3, the information in this attachment has been deemed confidential information by the Chief Executive Officer under section 3a of the Local Government Act 2020 as it contains council business information, being information that would prejudice the Council's position in commercial negotiations if prematurely released

Council Meeting - 2 February 2021 Page 73 Officers’ Reports

Contract Acceptance and Sealing No CT000543 ITEM: 5.9. City Planning and Infrastructure City Design and Construction Trevor Griffin

Purpose of Report: To report on the tenders received for Contract No. CT000543 Construction of Two (2) additional Recreation Reserve Facilities and recommend the acceptance of preferred tenderers and the overall project budget.

Purpose of Report:

Recommendation

1. That Council award the tender for Contract No. CT000543 Construction of One (1) additional Recreation Reserve Facility (Package E), Clyde Recreation Reserve, Clyde to 2Construct Pty Ltd for the Final Tender Price and Construction Contingency as detailed in the Confidential Attachment to this report.

2. That, subject to funding from the Federal Government Local Roads and Community Infrastructure Program, Council award the tender for Contract No. CT000543 Construction of One (1) additional Recreation Reserve Facility (Package F), Lochaven Active Open Space Reserve, Cranbourne West to 2Construct Pty Ltd for the Final Tender Price and Construction Contingency as detailed in the Confidential Attachment to this report.

3. That Council notes the funding required in the 2021/22 Capital Works Program as detailed in the Confidential Attachment to this report.

4. That the Contract documents be signed and sealed.

Officer General or Material Interest

No Council officers involved in the preparation of this report have a general or material interest in matters for consideration.

Council Plan Reference

2. A Place to Prosper 2.1 The destination for arts, culture, sport and leisure that attracts visitors and brings communities together

Executive Summary

CT000543 is a Contract for the Construction of Four (4) Recreation Reserve Facilities with the option to award additional Recreation Reserve Facilities as a New Stage Price Request.

Council Meeting - 2 February 2021 Page 74 It is recommended 2Construct Pty Ltd be accepted as the preferred tenderer for Package E to undertake the construction works at Clyde Recreation Reserve, Clyde and that 2Construct Pty Ltd also be accepted as the preferred tenderer for Package F to undertake the construction works at Lochaven Active Open Space Reserve, Cranbourne West.

Description of Tendered Services/Goods

The initial Contract comprised of two separable Packages: Package A (Selandra Reserve and Ramlegh Reserve) and Package B (Livingston Reserve and Kilora Reserve) with the ongoing ability to award additional work packages under the New Stage Price Request mechanism within the contract.

(Packages C and D were awarded at the Council meeting of 6 October 2020.)

Tenderers could bid for Package E and/or Package F. Package E is for construction works at Clyde Recreation Reserve, Clyde and Package F is for construction works at Lochaven Active Open Space Reserve, Cranbourne West.

The construction works under this Contract, at each of the two recreation reserves, comprise:

 Playing fields,  Sporting pavilion and community room,  Access road & car parking,  Sports lighting & public lighting, and  Trees and landscaping  Tennis courts (Clyde Recreation Reserve only)  Demolition of existing facilities (Clyde Recreation Reserve only)

The construction of play spaces and public art will be undertaken by way of separate contracts.

The tendered Contract required that both additional recreation reserves are to be completed by 31 August 2022.

Tender Submissions

Utilising the New Stage Price Request in the Contract, tenders were called from the contractors currently building earlier Packages A, B, C and D.

Tenders closed on 8 January 2021 and two (2) submissions were received from the following organisations:

 2Construct Pty Ltd  Lloyd Group Pty Ltd

Conforming/Non-conforming Tenders

All tenders were initially assessed for conformity with the general scope and conditions of contract. Two (2) tenders received were deemed to be conforming.

Council Meeting - 2 February 2021 Page 75 Tender Evaluation

Tenders were evaluated in accordance with the tender evaluation criteria outlined in the specification.

The tender evaluation panel consisted of:

 Team Leader Civil Construction  Team Leader Landscape Design and Construction  Team Leader Civil Design  Team Leader Recreation & Open Space Planning  Team Leader Sports Turf & Pathways  Team Leader Building Design and Acting Team Leader Building Construction  Senior Project Manager  Manager City Design and Construction

As required by the Probity Plan, the Team Leader Integrity and Legal Support, attended evaluation meetings as an independent observer.

All members of the evaluation panel completed a disclosure of interest with no conflicts identified. The objective of the evaluation panel was to critically assess the capability of each respondent to provide the best value and quality service and to select the tenderers to then be invited to tender.

Tender Analysis

All submissions were scored and weighted in accordance with the predetermined weighting criteria. Further clarifications were sought from contractors to accurately clarify their submission.

Following the review of Council’s tender analysis matrix, Lloyd Group Pty Ltd and 2Construct Pty Ltd satisfactorily addressed the selection criteria including experience, qualifications, management systems and quality of submission.

Lloyd Group Pty Ltd and 2Construct Pty Ltd have undertaken work for Casey Council previously. They have strong experience in delivering similar type and scale of projects.

Financial Implications

The tender submissions by Lloyd Group and 2Construct Pty Ltd are reflective of current market rates and will deliver a best value outcome for the City of Casey.

The recommended tender prices, together with contingency and items outside of the contract are within the current overall allocated project estimates across 2020/21 and 2021/22 and will primarily be required to allow for a suitable contingency and additional non-contract items.

Council has been granted funds of $3,000,000 from the State Government Community Sports Infrastructure Stimulus Program towards the Clyde Recreation Reserve project.

The awarding of the Lochaven Active Open Space Reserve, Cranbourne West (Package F) is contingent on a successful application to the Federal Government Local Roads and Community Infrastructure Program of $4,535,305. (The projects to be submitted for funding under this Program is a separate report to this Council meeting)

Refer to Confidential Attachment 1 for additional ‘contractual information’.

Council Meeting - 2 February 2021 Page 76 Conclusion

The tender evaluation panel recommends the award of Package E to 2Construct Pty Ltd for construction works at Clyde Recreation Reserve, Clyde and Package F also to 2Construct Pty Ltd for construction works at Lochaven Active Open Space Reserve, Cranbourne West.

Attachments

1. Confidential Attachment Report Coverpage [5.9.1 - 1 page]

Council Meeting - 2 February 2021 Page 77 Attachment 5.9.1

Confidential Attachment

ITEM: 5.9

Contract No. CT000543 Construction of Two (2) additional Recreation Reserve Facilities

In accordance with section 3(5), the information in this attachment has been deemed confidential information by the Chief Executive Officer under section 3(5) g of the Local Government Act 2020 as it contains private commercial information, being information provided by a business, commercial or financial undertaking that— (i.) relates to trade secrets; or (ii.) if released, would unreasonably expose the business, commercial or financial undertaking to disadvantage;

Council Meeting - 2 February 2021 Page 78 Officers’ Reports

Minutes of the Conservation Advisory Committee Meeting ITEM: 5.10. - December 2020 City Planning and Infrastructure Sustainability and Waste Michael Jansen

Purpose of Report: To provide Council with the minutes of the Conservation Advisory Committee meeting held 2 December 2020.

Recommendation

That the Minutes of the 2 December 2020 meeting of the Conservation Advisory Committee be noted.

Officer General or Material Interest

No Council officers involved in the preparation of this report have a general or material interest in matters for consideration.

Council Plan Reference

2. A Place to Prosper 2.3 A city that sustainably plans and manages growth while protecting its diverse landscape

Executive Summary

The City of Casey Conservation Advisory Committee plays a valuable role in assisting Council to enhance, strengthen and advocate on natural environment, sustainability, waste, heritage and history matters in Casey.

The Conservation Advisory Committee meets on the first Wednesday of every third month and the minutes of its meeting held on Wednesday 2 December form Attachment 1.

Key Topics of discussion

The key items discussed at the meeting included:

 Biodiversity Incentive Scheme Grants 20/21  The results of the Conservation Advisory Committee feedback survey

Council Meeting - 2 February 2021 Page 79 Community Engagement

The Conservation Advisory Committee has been established as a key community engagement tool for heritage, sustainability, waste and natural resource related matters. The Committee is derived of community representatives and provides council with a platform to seek strategic advice and direction.

Financial Implications

There are no financial implications.

Conclusion

The City of Casey Conservation Advisory Committee plays a valuable role in assisting Council to enhance, strengthen and advocate on natural environment, heritage, sustainability and waste matters in Casey. The Committee brings a community perspective, knowledge and sound advice to support Councils environmental and sustainability ambitions.

Attachments

1. Conservation Advisory Committee Meeting Minutes December 2020 [5.10.1 - 2 pages]

Council Meeting - 2 February 2021 Page 80 Attachment 5.10.1

CASEY.VIC.GOV.AU

Conservation Advisory Committee

Minutes of Meeting held 2 December 2020

Online: 7.00pm – 9.00pm

1. Statement of acknowledgement

The City of Casey proudly acknowledges the traditional owners, Casey’s Aboriginal communities and their rich culture and pays respect to their Elders past, present and future. We acknowledge Aboriginal people as Australia’s first peoples and as the traditional owners and custodians of the land on which we work and live

2. Attendance and apologies

Attendees: Randini Dissanayake, Robin Dzedins, Don Jewell, Linda Moon, Hailey Molina, Tony Patti, Barbara Perkins, Jobi Petty, Anthony Pietrosanto, Kay Taranto, Thelma Wakelam, Tony O’Hara (guest), Karen Borton (Council officer) and Michael Jansen (Council officer)

Apologies: None

3. Conflicts of Interest

No conflicts of interest

4. Minutes of the September 2020 Meeting

The Minutes of the June meeting be accepted as written.

Moved – Robyn Seconded – Kay

5. Biodiversity Incentive Scheme Grants – Council Officer

Council officers presented the 20/21 Biodiversity Incentive Scheme applications for endorsement. A new revegetation stream was introduced this year, this stream offers plants for large scale revegetation projects and offers an easier application process. Eight applications were received in the revegetation stream, all applications were approved.

Council received Fourteen applications for the traditional Biodiversity Incentive Scheme Grant. Applications were predominantly for revegetation, fencing and weed control and a smaller number of

Council Meeting - 2 February 2021 Page 81 Attachment 5.10.1

rabbit control projects. The Conservation Advisory Committee endorsed ten applications for funding, four did not meet the minimum biodiversity improvement threshold for funding.

6. Survey Results – Committee Feedback and next steps in Transition to Community Reference Group

Council Officers presented the results from the Conservation Advisory Committee feedback survey. The survey showed the Committee valued true engagement where they were asked to provide feedback and given opportunities to provide advice and ideas, and not just informed on decisions. They also wanted to be informed on how their advice and ideas were used. The committee asked about the next stages of the transition to a Community Reference Group and were informed that decisions still needed to be made on how this would operate.

7. Actions – Actions and recommendations arising from the Committee

A number of significant consultations the committee took part in were recognised including the Crib Point Gas Import and Pipeline Environment Effects Statement.

Another highlight was the unanimous resolution from the committee that a business case be written for the declaration of a climate emergency.

There was also recognition of the high caliber of applicants for the Conservation Advisory Committee and the qualifications and experience of the current members.

8. Items of Other Business

Tony O’Hara informed the group of the following matters:  The EPA is forming a new waste crime directorate and high-risk waste prevention directive.  There is a new clause in the planning scheme removing the planning permit trigger for Victoria’s Big Housing Build. This removes the need for a planning permit but does not turn off the native vegetation regulations.  There are new EPA regulations being introduced in July about noise and pollution that may impact on some applications.  The consultation is open for Planning for Melbourne’s Green Wedges and Agricultural Land https://engage.vic.gov.au/gwal

Don wanted to bring to the attention of the group bushfire risk and the high fuel levels in Warneet. Don also asked about Calicivirus releases in Casey and was informed there have been numerous releases of the recent strain in Casey but it has had little effect, most likely due to a natural immunity in the local population.

Meeting close: 9:03pm

Council Meeting - 2 February 2021 Page 82 6. CONSIDERATION OF REPORTS OF COMMITTEES

Council Meeting - 2 February 2021 Page 83 6.1. RECORD OF DISCUSSION

RECORD OF DISCUSSION OFFICER CONFLICT OF INTEREST ASSEMBLY DETAILS COUNCILLOR ATTENDEES OTHERS PRESENT MATTERS CONSIDERED ATTENDEES DISCLOSURES Briefing – 19 Ms Noelene Duff PSM – Glenn Patterson NIL  Briefing - NIL January 2021 Administrator James Collins Cranbourne Mr Miguel Belmar – Jen Bednar Community Administrator Sheena Frost Hospital Mr Cameron Boardman Steve Coldham  Briefing - - Administrator Rhys Matulis Councillor Chris Heath (Administrator) Dana Mizrachi Code of Conduct Carol Smith  Paper - Environmental Carly Goodrich Health Shared Jacinta Services Contract MacLeod  Review draft Keri New Council Meeting Chris Heath Agenda 2 Caroline Bell February 2021 Trevor Griffin  Director Updates Charles Nganga  Confidential Angie Peresso Briefing - Consultancy Support CEO Performance Plan

Council Meeting - 2 February 2021 Page 84 7. PETITIONS

8. URGENT BUSINESS

9. CLOSED COUNCIL

Nil.

Council Meeting - 2 February 2021 Page 85