Agenda of Scheduled Council Meeting - Tuesday, 25 July 2023

Agenda Scheduled Council Meeting 1

Rural City of Wangaratta Live Stream

Clause 24 of the Governance Rules provides the following:

“This public meeting is being recorded to improve access to the meeting for our community. The recording will be published and will be retained by Council in accordance with Council’s legal obligations. As a visitor in the public gallery, your presence may be recorded.”

1. Acknowledgement of Traditional Owners

We acknowledge the traditional owners of the land on which we are meeting. We pay our respects to their Elders past, present and emerging and to Elders from other communities who may be here today.

2. Opening Prayer

Almighty God, we humbly ask thee to bless and guide this council in its deliberations so that we may truly preserve the welfare of the people whom we serve. Amen

3. Present

4. Absent

5. Acceptance of Apologies & Granting of Leave of Absence

Order of Business

6. Citizen Ceremony

7. Confirmation of Minutes

Recommendation:

That Council read and confirm the Minutes of the Scheduled Meeting of 22 June 2023 and the Special Meeting of 17 July 2023 as a true and accurate record of the proceedings of the meetings.

8. Conflict of Interest Disclosure

In accordance with section 130 of the Local Government Act 2020 a councillor who has a conflict of interest in respect of a matter must disclose the conflict of interest in the manner required by Council's Governance Rules and exclude themselves from the decision making process in relation to that matter, including any discussion or vote on the matter and any action in relation to the matter.

Clause 28.1 of Council's Governance Rules requires a councillor to indicate that they have a conflict of interest by clearly stating:

(a) the item for which they have a conflict of interest; and

(b) whether their conflict of interest is general or material; and

Immediately prior to the consideration of the item in which they have a conflict of interest, a councillor must indicate to the meeting the existence of the conflict of interest and leave the meeting.

A councillor who discloses a conflict of interest and leaves a Council meeting must not communicate with any participants in the meeting while the decision is being made.

9. Reception of Petitions

10. Hearing of Deputations

Presentation Of Reports

11. Councillor Reports

Nil

Officers’ Reports

12. Executive Services

Nil

13. Corporate and Leisure

Nil

Agenda Scheduled Council Meeting 1

14. Community and Infrastructure

14.1 Urban Tree Plan 2023 & Supporting Documentation

Meeting Type: Scheduled Council Meeting

Date of Meeting: 25 July 2023

Author: Horticulture Coordinator

File No: IC23/644

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

Executive Summary

This report is presented to Council to seek the adoption of the new Urban Tree Plan and its associated Manuals. The Plan and the two associated manuals have been updated to include new industry practices, climate adaption and tree canopy actions and targets. The Urban Tree Plan replaces Council’s current Tree Management Strategy 2016.

Recommendation:

That Council:

1. Adopts the Urban Tree Plan and associated Manuals.

Background

The existing Tree Management Strategy 2016-2020 required updating. Due to extensive changes across the arboriculture industry, State and Federal policy, the strategy has been re-written to include industry best practice and set tree canopy actions and targets.

The Urban Tree Plan (UTP) aims to provide initial guidance and consistency when making tree management decisions in urban areas across the municipality.

The UTP:

• Defines the responsibilities and demarcation for tree management

• Identifies opportunities for increasing canopy coverage and tree retention

• Establishes appropriate maintenance and risk mitigation actions

• Aims to improve the long-term health and viability of the municipals tree population.

Implementation of the UTP will assist in achieving multiple goals outlined in the Council Plan 2021-2023 and ensure that trees continue to make a positive contribution to the way the community mitigates and adapts to climate change. The plan also introduces a Canopy Policy for the first time.The UTP has a life span of four years after which a review is required.

In support of the new Urban Tree Plan, two handbooks have been developed to enable Council’s teams, contractors and the community easily understand the important parts of the plan.

Implications

Policy Considerations

This Urban Tree Plan will replace the existing Tree Management Strategy.

Gender Impact Assessment was undertaken when designing or preparing this plan.

Financial/Economic Implications

To meet the requirements and targets in this plan additional funding will be required over the life of the plan.

Legal/Statutory

There are no legal/statutory implications identified for the subject of this report.

Social and Diversity

Social impacts identified include a range of benefits, being human health and well-being and encourage the use of open spaces and healthy, connected communities.

Environmental/Sustainability Impacts

The plan will achive singficant outcomes including, reduction in urban temperatures, assist in managing stormwater flows, reducing air pollution and greenhouse gases.

Strategic Links

Council Plan 2021 – 2025

This report supports the 2021-2025 Council Plan through the following objectives and actions:

1. Strengthening our Leadership

1.1.1.6 Continue to provide transparency for the community regarding the information being considered in the decision-making process.

2. Valuing our Environment

3.1.2.1 Enhancing urban vegetation corridors for environmental, recreational and aesthetic benefit to the community

3.1.3.3 Create environments that protect residents and visitors from harmful UV radiation and urban heat island effect

3.1.3.5 Develop a Tree Canopy Policy

3.3.1.1 Explore and advance opportunities to be community leader in adapting to the impacts of climate change

3.4.1.2 Incorporate sustainable stormwater design

3. Expanding our Economy

4.4.1.2 Continue to deliver urban revitalisation projects within the CBD

Rural City of Wangaratta 2033 Community Vision

This report supports the 2033 Community Vision through the following objectives:

• To assist in building an environmentally sustainable community (L1, L2, L3)

• Actively combat the causes and impacts of climate change (N1, N2)

• Contribute a vibrant and engaging place (S1, S2)

• Create beautiful and accessible parks, gardens and open spaces (Z1, Z2)

Other strategic links

This report will replace the current Tree Management Strategy 2016. This report supports the

Environmental Sustainability Strategy & Roadside Conservation Management Plan.

Risk Management

Risk Management Framework

Risks	Likelihood	Consequence	Rating	Mitigation Action
Not achieving targets	3 - Possible	3 - Moderate	9 - Medium	Tree Audit s and Surveys, potential increase to tree budget.
Impacts Climate Change	Possible (3)	Catastrophic (5)	Impacts Climate Change	Implementation of tree canopy ratios. Continue to review planted species types.

Consultation/Communication

Level of public participation	Promises to the public/stakeholders	Tools/Techniques
Inform	Plan was advertised	Socials, webpage and media
Consult	28 day public consult	Letters, email
Involve	Submissions received	Letters, email
Collaborate	Submissions included in plan where applicable	Inclusion of public material in plan and manuals
Empower	Policy and Manuals updated	Policy and Manuals updated

The first draft plan was released for public exhibition in mid-2022 with signficant feedback received and incorporated into the documents. Given the significant changes made since the first review further feedback was sort from the community in March / April 2023. Very little and only specific feedback was received and incorperated.

Officers believe that appropriate consultation has occurred and the matter is now ready for Council consideration.

Options for Consideration

1. Adopts the Urban Tree Plan and associated manuals.

2. Doesn’t adopt and sends back out for further community consultation.

3. Dosen’t adopt and makes changes to the plan before further community consultation.

Conclusion

That the Urban Tree Plan and its associated manuals, after public consultation and updating, should be endorsed by Council.

Attachments

1 Urban Tree Plan ⇩

2 Tree Management Manual ⇩

3 Risk, Inspections and Tree Removal Manual ⇩

Agenda Scheduled Council Meeting 1

14.2 Creative Precinct Detailed Design - Contract C40193

Meeting Type: Scheduled Council Meeting

Date of Meeting: 25 July 2023

Author: Project Manager

File No: IC23/825

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

Executive Summary

This report is presented to Council with the recommendation to award Contract C40193 - Wangaratta Creative Precinct Detailed Design tender.

Council has undertaken an in-depth Business Case and Concept Design for the Wangaratta Creative Precinct and the findings have highlighted the need for a comprehensive, consolidated, and innovative approach to delivering its Arts, Culture and Visitor Services experiences. The Business Case and Concept Design addresses sustainability, growth and care for Wangaratta’s cultural services and its infrastructure.

Council has received funding support under the Victorian Government’s, Enabling Tourism Fund for the delivery of Detailed Design (Stage Two as detailed in the Business Case).

Collaboration was not applicable to the procurement due to the location and scope of works.

Recommendation:

That Council:

1. Approves the additional expenditure of $379,461.30 (GST exclusive) to be offset by reducing capital works in future financial years by the same amount in Council’s Long Term Financial Plan.

2. Awards Contract C40193 for the Wangaratta Creative Precinct Detailed Design to LCBB Pty Ltd (Sibling Architecture).

3. Authorises the Chief Executive Officer to sign and seal all the relevant contract documents for C40193 for the Wangaratta Creative Precinct Detailed Design.

4. Discloses the contract price for contract C40193 for the Wangaratta Creative Precinct Detailed Design.

Background

The Wangaratta Creative Precinct consists of redeveloping, upgrading facilities and interlinking the Wangaratta Art Gallery, Wangaratta Performing Arts & Convention Centre, and Visitor Services to create a state-of-the-art, striking drawcard and focal point for Arts, Culture & Tourism.

The detailed design will allow the overall project to be investment ready and give Council confidence in confidently acquiring funding support via State, Federal, private, and philanthropic funding.

Council has undertaken an in-depth Business Case and Concept Design for the Wangaratta Creative Precinct. The Business Case provides a proposed staged plan approach for the Wangaratta Creative Precinct to ensure that objectives of the plan can be achieved:

· Stage One - Existing Gallery renewal (ongoing)

· Stage Two – Creative Precinct Detailed Design

· Stage Three – Landscape and Precinct Entrance redevelopment

· Stage Four – Function room upgrade and WPACC refresh

· Stage Five - Curved wall and Gallery 2 Upgrade

· Stage Six – New Gallery

Stage Two – Creative Precinct Detailed Design will include delivery of detailed designs including contract documentation consisting of (but not limited to) architectural drawings and renders, specifications and costings for the Wangaratta Creative Precinct.

Implications

Policy Considerations

· Procurement Policy

· Budget Variation Policy

· Sustainable Building Policy 2023

Financial/Economic Implications

Council has received funding support under the Victorian Government’s Enabling Tourism Fund of $500,000 with a Council co-contribution of $250,000. The total combined budget of $750,000 is available for the detail design project.

To deliver the procurement Council Officers are seeking additional funds of $379,461.30 (GST exclusive) through reducing capital works in future financial years within the Council’s Long Term Financial Plan (LTFP).

The economic implications include attracting visitors and as a result improving the region’s growth as a tourism driver.

Legal/Statutory

The Local Government Act 2020 Section 109 (2) requires that the Chief Executive Officer ensures that any report to the Council that recommends entering into a procurement agreement includes information in relation to any opportunities for collaboration with other Councils or public bodies which may be available.

Social and Diversity

Through the enhancement of existing facilities, the project will service the needs of the community, expand diversity and creative educational opportunities for all. It will also improve wellbeing and output of regional communities.

Environmental/Sustainability Impacts

The project is an opportunity to employ Environmentally Sustainable Design features into the design of the precinct which will result in the reduction of energy and water use within the development.

Strategic Links

Council Plan 2021 – 2025

This report supports the 2021-2025 Council Plan through the following objectives and actions:

1. Nurturing our Wellbeing

2.1 Protection of our own, and each other’s mental health.

2.3 Increased sense of inclusivity and connectedness.

2. Valuing our Environment

3.1 Build environmentally sustainable communities.

3. Expanding our Economy

4.1 A valued and vibrant tourism industry.

Rural City of Wangaratta 2033 Community Vision

This report supports the 2033 Community Vision through the following objectives:

· Accessible and equitable services, spaces and facilities

· Healthy behaviours and lifestyles

· Build environemtnally sustiable communities

· Vibrant and engaging places

· Cultural Heritage that is recongnised and celebrated

· Diverse arts and cultural experiences

· Engaging events that celebrate and enhance our community

Other strategic links

· The Wangaratta Project – CBD Masterplan

· Wangaratta Creative Precinct Business Case and Concept Design

· Wangaratta Art Gallery Feasibility Cost Plan

· Economic Development and Tourism Strategy 2018 -2023

· Asset Management Strategy 2017-2021

· Financial Plan 2021-2031

Risk Management

Risk Management Framework

Risks	Likelihood	Consequence	Rating	Mitigation Action
Increase in scope during detailed design.	3 - Possible	Minor	Medium	Outline core requirements in specification prior to tender.
Funding milestones not met due to delays in program	3 - Possible	Moderate	Medium	Open dialogue with funding body alerting to any issues with meeting of milestones. Variation to funding agreement and completion milestones.
Design complications due to unknown site conditions	3 -Possibe	Moderate	Medium	Experienced sub-consultant team and provision of existing as-built documents
Tender comes in over budget	3 - Possible	Moderate	Medium	Business Case developed indicating cost of professional fees. Allocate addtidional budget.
Community and user group concerns with the design	3 - Possible	Moderate	Medium	Extensive community and stakeholder engagement has been held in 2022.
Heritage concerns	3 - Possible	Moderate	Medium	Preliminary heritage assessment has been carried out on concept design deeming it a good example of blening old with the new.

Consultation/Communication

The Business Case and Concept Design underwent two stages of community consultation and was adopted by Council in February 2023. Two development options were presented as per the Business Case – an ‘all at once’ or ‘staged’ development option. Council chose to adopt and move forward with the ‘staged’ development option.

There was extensive community consultation throughout the concept design process including a public advertisement period in November 2022.

Officers believe that appropriate consultation has occurred and the matter is now ready for Council consideration.

Options for Consideration

1. Award contract C40193 - Wangaratta Creative Precinct Detailed Design LCBB Pty Ltd (Sibling Architecture) as recommended.

2. Not award contract C40193 - Wangaratta Creative Precinct Detailed Design and re-tender the procurement opportunity (Not recommended).

Conclusion

Following a comprehensive evaluation of tenders against the pre-determined evaluation criteria and weightings (Confidential Attachment 1), contract C40193 - Wangaratta Creative Precinct Detailed Design is recommended to be awarded to LCBB Pty Ltd (Sibling Architecture).

Attachments

1 Wangaratta Creative Precinct Evaulation Report - Confidential

Agenda Scheduled Council Meeting 1

14.3 Nominations for Committees of Management

Meeting Type: Scheduled Council Meeting

Date of Meeting: 25 July 2023

Author: Community and Recreation Coordinator

File No: IC23/1074

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

Executive Summary

This report is presented to Council to endorse the nominations of volunteers to committees of management (COM) under the Community Asset Committee Instrument of Delegation:

1. Everton Hall and Reserve

2. Eldorado Hall

3. Oxley Shire Hall

4. Moyhu Hall

5. Old Murmungee Hall

The nominations are for a period of three years. A list of nominated members is attached.

Recommendation:

That Council:

1. That Council endorses the nominations in the attached report to the following Community Asset Committees

a. Everton Hall and Reserve

b. Eldorado Hall

c. Oxley Shire Hall

d. Moyhu Hall

e. Old Murmungee Hall

Background

All appointments to Community Asset Committees are made in line with Council’s policy governing appointments to Council Committees.

The Instrument of Sub-Delegation details in section 3.1(8) that all appointments to the committees will be made by Council in accordance with the Council policy governing appointments to Council Committees.

Implications

Policy Considerations

The Community Asset Committee Instrument of Delegation and the Appointment to Council Committees Policy apply to these nominations.

Financial/Economic Implications

There are no financial or economic implications identified for the subject of this report.

Legal/Statutory

The requirements for nominations is made in accordance with the Local Government Act

Social and Diversity

The Community Asset Committees provide an important service to their communities, providing a gathering place and social centre for their rural communities. A strong and vibrant committee will benefit the community, and close links between the committee and Council will create greater awareness of needs in that community.

Environmental/Sustainability Impacts

COM’s are responsible for the management of any environmental issues relating to the land upon which their facilities are situated.

Strategic Links

Council Plan 2021 – 2025

This report supports the 2021-2025 Council Plan through the following objectives and actions:

1. Strengthening our Leadership

1.3.2.1 Continue to support the delivery of the Rural Placemaking Plans in partnership with our rural communities.

2. Nurturing our Wellbeing

2.3.2.1 With support and training, ensure that our community groups and committees have strong governance and are inclusive and viable.

2.3.3 Increase opportunities for people to connect to their community and each other.

2.3.4.1 Provide quality and accessible community facilities based on community needs.

4. Expanding our Economy

4.4.2 Enhance the activity in our rural townships

Risk Management

Risk Management Framework

Risks	Likelihood	Consequence	Rating	Mitigation Action
Governance risk associated with the sub- delegation of powers from the CEO to Community Asset Committees	Possible	Moderate	Medium	The appointment of members by a formal resolution of Council reduces governance risk by ensuring that all members appointed to a committee are covered by Council’s public liability insurance.

Consultation/Communication

Officers believe that appropriate consultation has occurred and the matter is now ready for Council consideration.

Options for Consideration

· That Council endorses the nominations to the following Community Asset Committees

· That Council requires nominations be re-advertised for these Community Asset Committees.

· That’s Council take full control of these community assets.

Conclusion

Council officers have reviewed the nominations received for endorsement to the relevant Community Asset Committees which will delegate the control, management and maintenance of its council owned community assets and uphold Councils requirements under the Local Government Act

Attachments

1 Committee Member nominations - Confidential