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MELTON CITY COUNCIL Notice is hereby given that the Ordinary Meeting of the Melton City Council will be held in the Council Chamber, Civic Centre, 232 High Street, Melton on 18 October 2012 at 7:00PM. PUBLIC COPY Kelvin Tori CHIEF EXECUTIVE

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Page 1: Agenda of Ordinary Meeting of Council - 18 October 2012€¦  · Web viewOrdinary Meeting of Council18 October 2012. Ordinary Meeting of Council18 October 2012. Ordinary Meeting

MELTON CITY COUNCIL

Notice is hereby given that the Ordinary Meeting of the Melton City Council will be held in the Council Chamber, Civic Centre, 232 High Street, Melton on 18 October 2012 at 7:00PM.

PUBLIC COPY

Kelvin ToriCHIEF EXECUTIVE

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Visitors to the Gallery please note:

Proceedings at Council meetings are controlled by the Mayor, as chairperson. The Mayor is empowered to enforce the provision of Council’s Local Law, which includes the following aspects;

Silence should be maintained in the gallery at all times, unless the Mayor allows otherwise. A visitor to the gallery must not interject or interfere with debate that occurs in the Chamber.

Members of the gallery are able to participate in the meeting through lodgement of written questions. Each person may submit up to two questions by placing them in the receptacle at the door leading into the Council Chamber prior to 7.00pm on the evening of the Council Meeting. The author of the question must be in the gallery at the time the question is to be dealt with for it to be valid. The Mayor may at his sole discretion allow the submitter of a question to raise a point of clarification.

If a member of the gallery breaches the Local Law requirement for silence, they will be called to order by the Mayor. If a call to order is not complied with, the Mayor may direct a person to be removed from the Chamber. A person who fails to leave the Chamber when so directed by the Mayor is guilty of an offence, and is liable to a penalty of $500.

If the Gallery becomes too disruptive, the Mayor has the authority to adjourn the meeting to a later time, to allow order to be restored.

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ORDINARY MEETING OF COUNCIL 18 OCTOBER 2012

TABLE OF CONTENTS

1. OPENING PRAYER AND RECONCILIATION STATEMENT 4

2. APOLOGIES AND LEAVE OF ABSENCE 4

3. DECLARATION OF ANY PECUNIARY INTEREST, OTHER INTEREST OR CONFLICT OF INTEREST OF ANY COUNCILLOR 4

4. ADOPTION AND CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS 4

5 PETITIONS AND JOINT LETTERS 4

6 RESUMPTION OF DEBATE OR OTHER BUSINESS CARRIED OVER FROM A PREVIOUS MEETING 4

7. PUBLIC QUESTION TIME 4

8 PRESENTATION OF STAFF REPORTS 4

8.1 AUTHORISING OF AFFIXING THE COMMON SEAL OF COUNCIL 5For Council to adopt the schedule of documents (Appendix 1) requiring the Common seal of Council.

8.2 ANNUAL REPORT 2011/2012 7To consider the Melton Shire Council Annual Report 2011/2012, as required pursuant to Section 134 of the Local Government Act, 1989.

8.3 SHIRE OF MELTON LEISURE ARTS COMMITTEE (SOMLAC) ARTS COMMITTEE NOMINATIONS 9To inform Council of recent changes to the membership of the Shire of Melton Leisure and Arts Committee (SOMLAC) and seek approval for the appointment of three new members to the Arts sub-committee.

8.4 DJERRIWARRH FESTIVAL COMMITTEE MINUTES 12Presentation of Council Minutes of Djerriwarrh Festival Advisory Committee meeting held Tuesday, 9 October 2012 for adoption of the Committees recommendations.

8.5 GENERAL REVALUATION 2014 14To inform Council that the processes for next general revaluation of all rateable properties is to be commenced shortly and Council’s responsibility in complying with the Valuation of Land Act

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8.6 MOTION WITHOUT NOTICE - UNSIGHTLY OR FIRE DAMAGED BUILDINGS 16This report is prepared in response to the Motion without Notice moved at the Ordinary Meeting of Council held on 20 September 2012

9 REPORTS OF COMMITTEES 17

10 REPORTS FROM DELEGATES APPOINTED BY COUNCIL TO OTHER BODIES 18

10.1 PRESENTATION OF WRITTEN AND VERBAL REPORTS FROM COUNCILLORS IN THEIR ROLE AS DELEGATES TO OTHER BODIES 19

10.2 PARLIAMENTARIAN AND DEPARTMENTAL LETTERS RECEIVED BY THE MAYOR 19 Member for Western Metropolitan Region, Andrew Elsbury MLC –

Response to correspondence regarding State funding application for Early Years Centre.

10.3 RECORD OF ASSEMBLY OF COUNCILLORS ATTACHED TO THIS AGENDA IN ACCORDANCE WITH SECTION 80A(1) OF THE LOCAL GOVERNMENT ACT 1989 20

11 NOTICES OF MOTION 20

11.1 NOTICE OF MOTION 327 (CR BORG) UNSIGHTLY OR FIRE DAMAGED PROPERTIES. 21

11.2 NOTICE OF MOTION 328 (CR BORG) MUNICIPAL RATES CONCESSION TO INCLUDE ALL SENIORS CARD HOLDERS. 22

12. COUNCILLOR’S QUESTIONS WITHOUT NOTICE 23

13. MOTIONS WITHOUT NOTICE 23

14. URGENT BUSINESS 23

15. CONFIDENTIAL BUSINESS 24

15.1 TENDER REPORT AND RECOMMENDATION - CLARKES ROAD CHILDREN'S AND COMMUNITY CENTRE DESIGN 25To advise Council that the tender assessment for the design and contract administration of the Clarkes Road Children’s and Community Centre has been completed and a recommendation is presented to Council.

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16. CLOSE OF BUSINESS 26

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1. OPENING PRAYER AND RECONCILIATION STATEMENT

The Chief Executive, Kelvin Tori will read the opening prayer and reconciliation statement.

Prayer“Almighty God we humbly beseech Thee to vouchsafe Thy blessing upon this Council, direct and prosper its deliberations to the advancement of Thy glory and the welfare of the people whom we serve – Amen.”

Reconciliation StatementMelton City Council acknowledges that the land it now occupies has a history that began with the Indigenous occupants, the Kulin Nation. Council pays its respects to the Kulin Nation people and their Elders and descendants past and present.

2. APOLOGIES AND LEAVE OF ABSENCE

The Mayor will call for any apologies received from any Councillors who are unable to attend this meeting.

3. DECLARATION OF ANY PECUNIARY INTEREST, OTHER INTEREST OR CONFLICT OF INTEREST OF ANY COUNCILLOR

Pursuant to Section 77A, 77B, 78 and 79 of the Local Government Act 1989, any Councillor must declare any direct or indirect interest, and any conflict of interest, in any items contained within the Notice Paper.

4. ADOPTION AND CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS

RECOMMENDATION:That the Minutes of the Ordinary Meeting of Council held on 20 September 2012 be confirmed as a true and correct record.

5 PETITIONS AND JOINT LETTERS

The Chief Executive will table any petitions and/or joint letters received prior to this meeting.

6 RESUMPTION OF DEBATE OR OTHER BUSINESS CARRIED OVER FROM A PREVIOUS MEETING

Nil

7. PUBLIC QUESTION TIME

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8 PRESENTATION OF STAFF REPORTS

8.1 AUTHORISING OF AFFIXING THE COMMON SEAL OF COUNCILAuthor: Liz Pace - Executive Assistant

Presenter: Peter Bean - General Manager Corporate Services

CARETAKER STATEMENTThe recommended decision is not a “major policy decision”, as defined in Section 93A of the Local Government Act 1989, or a significant decision within the meaning of the Code of Conduct.

PURPOSE OF REPORTFor Council to adopt the schedule of documents (Appendix 1) requiring the Common seal of Council.

RECOMMENDATION:That the Council Seal be affixed to the documentation as detailed in the Schedule for Authorising of Affixing of the Common Seal of Melton Shire Council dated 18 October 2012 and appended to this report. (Appendix 1)

REPORT

1. Executive SummaryDocuments requiring the Common Seal of Council to be affixed are detailed in (Appendix 1).

2. Background/IssuesUse of the Council Seal is required where Council as a body corporate is required to acquit a document or agreement for the purpose of performing its functions and exercising its powers.

The Local Government Act 1989 prescribes that a Council must have a common seal, and that the common seal must –

(a) Bear the name of the Council (which name may refer to the inhabitants of the municipal district) and any other word, letter, sign or device the Council determines should be included; and

(b) Be kept at the Council office; and

(c) Be used in accordance with the local laws of the Council.

Council’s Meeting Procedure Local Law 2004 prescribes the use of Council’s Common Seal and the authorized officers who have the authority to sign every document to which the common seal is affixed.

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3. Council Plan Reference and Policy ReferenceThe Melton Shire Council 2009-2013 Council Plan refers to the need to:

Management and control of the use of the Council seal is an important element of ensuring good governance.

4. Financial ConsiderationsThere are no financial considerations relating to the use of the Council Seal.

5. Consultation/Public SubmissionsNot applicable.

6. Risk AnalysisEnsuring that the Council Seal is only affixed in accordance with a resolution of Council controls the potential risk of the seal being incorrectly affixed to a document.

7. OptionsNot Applicable.

LIST OF APPENDICES1. Legal Document Schedule 20 September 2012

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8.2 ANNUAL REPORT 2011/2012Presenter: Peter Bean - General Manager Corporate Services

CARETAKER STATEMENTThe recommended decision is not a “major policy decision”, as defined in Section 93A of the Local Government Act 1989, or a significant decision within the meaning of the Code of Conduct.

PURPOSE OF REPORT

To consider the Melton Shire Council Annual Report 2011/2012, as required pursuant to Section 134 of the Local Government Act, 1989.

RECOMMENDATION:That Council adopt the Annual Report 2011/2012 as presented (Appendix 1).

REPORT

1. Executive SummaryCouncil is required to consider the Annual Report at a meeting of the Council following it being submitted to the Minister and Public Notice being given.

The Annual Report has been available for inspection, and is Appended to this report (Appendix 1).

2. Background/IssuesSection 131 of the Local Government Act, 1989, (“the Act”) requires Council to prepare an Annual Report in respect of each financial year, and specifies that the report must contain:

a report of Council’s operations during the year,

audited standard statements for the financial year

audited financial statements for the financial year

audited performance statement for the financial year

The Annual Report must be submitted to the Minister for Local Government by 30 September, and Council achieved compliance with this requirement by producing a “desktop” version of the report. Council has not produced a “glossy printed” version of the Annual Report again this year, instead producing an electronic version that is available from Council’s website. Where hard copies are requested Council can produce these in-house, saving considerably on the cost associated with commercial production. The Annual Report is also available on Compact Disc.

Section 134 of the Act requires that Council consider the Annual Report at a meeting of the Council that is open to the public.

It is important to note that although Council was gazetted Melton City Council in September 2012 the report relates to the period when Council was Melton Shire Council and, as such, all reference to the Council in the report is as Melton Shire Council.

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3. Council Plan Reference and Policy ReferenceThe Melton Shire Council 2009-2013 Council Plan refers to the need to:

Practice good governance, social, economic and environmental responsibility

4. Financial ConsiderationsPreparation of the Annual Report is provided for in Council’s recurrent expenditure Budget.

5. Consultation/Public SubmissionsPublic notice was given in the local press in accordance with Section 134 of the Act, that the Melton Shire Council 2011/2012 Annual Report will be discussed at this meeting of Council.

Copies of the Melton Shire Council 2011/2012 Annual Report were made available at the Melton Civic Centre and Caroline Springs/Library Civic Centre for public inspection in accordance with Sections 131 and 134 of the Act.

6. Risk AnalysisNot Applicable.

7. OptionsCouncil has a statutory obligation to consider the Annual Report at a formal meeting of Council.

LIST OF APPENDICES1.

Annual Report 2011/2012

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8.3 SHIRE OF MELTON LEISURE ARTS COMMITTEE (SOMLAC) ARTS COMMITTEE NOMINATIONS

Author: Ruby Wingrove - Arts & Culture OfficerPresenter: Peter Bean - General Manager Corporate Services

CARETAKER STATEMENTThe recommended decision is not a “major policy decision”, as defined in Section 93A of the Local Government Act 1989, or a significant decision within the meaning of the Code of Conduct.

PURPOSE OF REPORTTo inform Council of recent changes to the membership of the Shire of Melton Leisure and Arts Committee (SOMLAC) and seek approval for the appointment of three new members to the Arts sub-committee.

RECOMMENDATION:That Council approve the appointment of three new members for the SOMLAC Arts sub-committee.

REPORT

1. Executive SummaryTwelve (12) to sixteen (16) community members are appointed to the full Shire of Melton Leisure Arts Committee (SOMLAC). The committee has two specialist sub-committees; the Leisure sub-committee and the Arts sub-committee.

Under the SOMLAC Terms of Reference, committee members are appointed for a period of two (2) years.

The arts sub-committee currently has four (4) active members. Two former committee members had completed their term of appointment, while one former committee member’s place on the committee was forfeited due to lack of attendance in a twelve month period in accordance with the Terms of Reference.

Advertisements were undertaken to advise the community of the committee vacancies with three (3) nominations received. It is recommended, due to the number of vacancies available, coupled with the skills and experience demonstrated by the applicants that they be appointed to SOMLAC.

In line with the SOMLAC Terms of Reference, Council undertakes a review every two years. The changes that have been adopted by Council better reflect the purpose and the capacity of the committee members to provide advice on matters within their field of expertise and community knowledge.

2. Background/IssuesThe Shire of Melton Leisure Arts Committee provides advice and recommendations to Council relating to leisure, recreation, arts and cultural matters.

Initially established as the Municipal Recreation Advisory Committee and then later the Shire of Melton Leisure and Arts Committee, the committee is a representative group that acts as the key liaison between the community and Council on leisure, recreation, arts and culture issues.

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The purpose of SOMLAC is to provide advice to Council relating to matters directly or indirectly associated with recreation/leisure and arts and culture with the Shire. This is undertaken within the context of the Shire of Melton Council Plan and Council’s Leisure and Arts Strategies.

A Councillor is appointed annually to SOMLAC, and Council Officers carry out secretarial and administrative duties as office bearers.

3. Council Plan Reference and Policy ReferenceThe Melton Shire Council 2009-2013 Council Plan refers to the need to:

1.2 Provide opportunities for people to come together, socialise and be involved in their community;

6.1 Consult and involve the community to provide responsive, high quality services and facilities;

6.2 Enhance volunteering and leadership within the community;

6.3 Build strong, productive relations to encourage the sharing of knowledge and;

6.4 Ensure that all groups have an equal opportunity to participate and be involved.

4. Financial ConsiderationsNone.

5. Consultation/Public SubmissionsNominations for the appointment of members for the Committee were advertised in local newspapers. An advertisement was published in the Melton Weekly and The North West Weekly on the 17 July 2012. Other persons of eligible experience for membership categories were also directly contact as per the Terms of Reference.

Following this process Council received three (3) distinctly different applications from the arts community. A summary of the recommended candidates can be found below:

Emanuel Cachia is from the literature and writing sector of the arts. He has his own business in publishing and editing. Emanuel is involved in the Victoria University Rotunda Event that was featured at this year’s Art Day Out bringing renowned authors to our city to engage the audience in discussions and debate about writing novels.

Tony Fielder is a recreational photographer and has a background in sales and marketing. He is also involved in producing local exhibitions with the Uniting Church.

Douglas J Potts has a long and established history in the arts and culture fields both in Australia and the Europe. His involvement in the arts spans theatre, literature, historical research, fashion and exhibition curating. He has previously been employed by JS Williamson Melbourne in wardrobe, the Australian Ballet in wardrobe and backstage, Hubert de Givenchy Paris in production and assistance with photography and film, on assignment with Vogue UK and later Vogue Australia and as a script writer and compere for the Australian Wool Board to name a few. He maintains relations with leading Australian collecting institutions and has an interest in culture and technology.

Three Council Officers outside the Events and Culture Unit assessed the applications and made recommendations for appointment.

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6. Risk AnalysisN/A

7. OptionsCouncil can choose to either accept the three recommendations, and approve the appointment of three (3) new members of the SAOMLAC Arts Committee otherwise they could opt to retain the status quo leaving three vacancies on the arts sub-committee unchanged.

LIST OF APPENDICESNil

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8.4 DJERRIWARRH FESTIVAL COMMITTEE MINUTES Author: Madeleine Millson - Events Support Officer

Presenter: Peter Bean - General Manager Corporate Services

CARETAKER STATEMENTThe recommended decision is not a “major policy decision”, as defined in Section 93A of the Local Government Act 1989, or a significant decision within the meaning of the Code of Conduct.

PURPOSE OF REPORT

Presentation of Council Minutes of Djerriwarrh Festival Advisory Committee meeting held Tuesday, 9 October 2012 for adoption of the Committees recommendations.

RECOMMENDATION:That:-

1. The unconfirmed minutes of Djerriwarrh Festival Advisory Committee Meeting of 9 October 2012 to be noted.

2. Council adopt the recommendations of the Committee as detailed in the Minutes appended to this report.

REPORT

1. Executive SummaryThe Djerriwarrh Festival Advisory Committee met on 9 October and resolved on key issues for Council’s consideration such as:

2. Background/IssuesThe Djerriwarrh Festival Advisory Committee is a key community committee dedicated to the planning and delivery of the annual Djerriwarrh Festival.

The appointment of the committee supports the ongoing planning and preparation of this signature event and encourages a diverse program of opportunities that will achieve maximum community participation.

The Terms of Reference includes membership of the Djerriwarrh Festival Advisory Committee at a maximum of fourteen community members plus one Councillor Representative and one Council staff member.

The Djerriwarrh Festival Advisory Committee which meets on the second Tuesday of every month (excluding January) presents its recommendations to the Council for adoption. A copy of the Minutes of the meeting held on 9 October 2012 will be attached to the ordinary meeting of Council.

3. Council Plan Reference and Policy ReferenceThe Melton Shire Council 2009-2013 Council Plan refers to the need to:

Support the Djerriwarrh Festival Advisory Committee

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Community Health & Wellbeing:1.2: Provide opportunities for people to come together, socialise and be involved in their community.

Community Engagement:6.1: Consult and involve the community to provide responsive, high quality services and facilities.

6.2: Enhance volunteering and leadership within the community.

6.3: Build strong, productive relations to encourage the sharing of knowledge;

6.4: Ensure that all groups have an equal opportunity to participate and be involved.

4. Financial ConsiderationsOperational costs for the Djerriwarrh Festival are referred annually to Council’s recurrent budget.

5. Consultation/Public SubmissionsThe Djerriwarrh Festival Advisory Committee is an Advisory Committee of Council and where public consultation and or submissions are identified as being appropriate the Committee would recommend an appropriate consultation process to Council for endorsement.

6. Risk AnalysisMaintaining up to date policies within an organisational framework assists Council in controlling risk.

7. OptionsDjerriwarrh Festival Advisory Committee is an Advisory Committee of Council and Council therefore has the discretion to accept/reject or amend its recommendations as Council deems appropriate.

LIST OF ATTACHMENTS1. Minutes of the Djerriwarrh Festival Advisory Committee Meeting 9 October 2012

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8.5 GENERAL REVALUATION 2014Author: Shan Thurairajah - Manager Finance

Author: Catherine Nichols - Rates CoordinatorPresenter: Peter Bean - General Manager Corporate Services

CARETAKER STATEMENTThe recommended decision is not a “major policy decision”, as defined in Section 93A of the Local Government Act 1989, or a significant decision within the meaning of the Code of Conduct.

PURPOSE OF REPORTTo inform Council that the processes for next general revaluation of all rateable properties is to be commenced shortly and Council’s responsibility in complying with the Valuation of Land Act

RECOMMENDATION:That, in accordance with the Valuation of Land Act 1960, Council approve,:

1. A general valuation of all rateable land within the Melton City Council be made and returned not later than 30 April 2014, on market levels as at 1 January 2014.

2. Council’s Contract Valuer, Robert Tot of Opteon, being person qualified pursuant to section 13DA(1) of the Valuation of Land Act, to make valuations for the purpose of the Local Government Act 1989, be appointed by Council to return the valuations.

3. Notice be given, pursuant to section 6(1) of the Act, to the Valuer General, to adjoining municipalities and water authorities servicing the municipality of Melton and the State Revenue Office, of Council’s resolution to cause a valuation of all rateable properties within the City of Melton to be made.

4. that the Robert Tot had made and submitted statutory declaration pursuant to the provisions of section 13DH (2) of the Valuation of Land Act 1960.

REPORT

1. Executive SummaryThe next general valuation of all rateable land within Melton City to be completed before 30 April 2014.The Valuation of Land Act 1960 sets out the process to be to be complied with, during the general valuation process.

2. Background/IssuesIt is the requirement of section 11 of the Act, that a Council must cause a valuation of all rateable land within its municipal district to be made as at 1 January in every even calendar year and returned to the Council before 30 June in that year. The “Valuation Best Practice 2014”, released by the Valuer General, requires that this be returned not later than 30 April in that year, and, that a rating authority proposing to make a general valuation of rateable land shall give to the Valuer General and to every other rating authority interested in the valuation of land within its area not less than one month’s notice of its resolution to cause such a general valuation to be made.

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A valuation authority, when making a valuation under this Act for the purposes of the Local Government Act 1989, may appoint one or more people to carry out the valuation. Council’s Contract Valuer, Robert Tot of Opteon, being person qualified pursuant to section 13DA(1) of the Valuation of Land Act, to make valuations for the purpose of the Local Government Act 1989, is required to be appointed by Council to return the valuations.

Before any valuation and return is made the person appointed to make it must make a statutory declaration that the valuation and return will be impartial and true to the best of that person’s judgment and will be made by that person or under that person’s immediate personal supervision.

3. Council Plan Reference and Policy ReferenceThe Melton Shire Council 2009-2013 Council Plan refers to the need to ;

Practice good governance, social economic and environmental responsibility.

4. Financial ConsiderationsThe agreed fee, under the contract, for general valuation is $140,305 inclusive of GST. Approximately 65% of this amount is recovered from other authorities such as City West Water and State Revenue Office who uses this valuation. This amount is incurred by Council over the financial years of 2012/2013 and 2013/2014 when each stages of revaluation is completed.

5. Consultation/Public SubmissionsThe consultation required in this instance in accordance with the Act, is to notify every other rating authority interested in the valuation of land in the relevant municipal district and the valuer-general.

6. Risk AnalysisNone

7. OptionsConduct of a general valuation is a statutory obligation and, as such, does not provide any other option in this instance.

LIST OF APPENDICESNil

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8.6 MOTION WITHOUT NOTICE - UNSIGHTLY OR FIRE DAMAGED BUILDINGSAuthor: Ian Stewart - Compliance Manager

Presenter: Peter Bean - General Manager Corporate Services

CARETAKER STATEMENTThe recommended decision is not a “major policy decision”, as defined in Section 93A of the Local Government Act 1989, or a significant decision within the meaning of the Code of Conduct.

PURPOSE OF REPORTThis report is prepared in response to the Motion without Notice moved at the Ordinary Meeting of Council held on 20 September 2012

RECOMMENDATION:That Council:

1. Develop a policy to establish Councils position on the management of fire damaged properties for consideration at the next Policy Review Meeting.

2. Review the Local Law relating to unsightly premises as part of the Local Laws Review.

REPORT

1. Executive SummaryThis report responds to the Motion without Notice on Council’s authority to direct owners of unsightly or damaged properties to undertake timely rectification works. This report is requesting Council officers to prepare a policy for consideration at the next Policy Review Panel meeting as well as reviewing the Local Laws relating to unsightly properties.

2. Background/IssuesAt the Ordinary Meeting of Council held on the 20 th September 2012, the Council passed a motion to present a report to Council on the details of Council’s authority to have owners undertake timely repairs to damaged or unsightly properties.

In regard to fire damaged properties, Council currently has taken a conciliatory approach to compliance on these properties. This approach has proven to be effective on most occasions but seem to take too long to achieve compliance. Under the provisions of the Building Act 1993 Council has the authority to issue notices and seek compliance through the legal system (Appendix 1). This process would achieve an outcome more effectively but requires Council to take legal action against the property owner, and seek a court order to have the property bought into conformity with the building notice.

Council’s current Local Law provides for unsightly properties but this is generally about long grass, noxious weeds, unconstrained refuse, rubbish or discarded materials. To achieve Councils aim on derelict or abandon buildings the Local Law

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would need to be amended to include this requirement. It is proposed to review Councils “General Local Law” in 2013 and it would be appropriate to review this part of the law to accommodate the issue of abandoned dwellings that would complement the current laws that are applicable to fire damaged buildings.

3. Council Plan Reference and Policy ReferenceThe Melton Shire Council 2009-2013 Council Plan refers to the need to:

Enhance the quality of urban and natural environments

Proactively consult, plan, build, maintain and upgrade assets

Practice good governance, social, economic and environmental responsibility.

4. Financial ConsiderationsCouncil would incur legal costs to take these matters to court, but would be able to claim some of these costs thought the legal proceedings. Council has the staffing resources to administer this process within its recurrent budget. If the amendment of the Local Law was referred to the review process there would not be any increase in financial costs.

5. Consultation/Public SubmissionsThere has been no consultation undertaken in the preparation of this report. The draft policy for fire damaged buildings will be presented to the policy review panel for endorsement. The review of the general local law will have a public consultation/submissions process.

6. Risk AnalysisMaintaining up to date policies within an organisational framework assists Council in controlling risk.

7. OptionsIt is recommended for Council to endorse the process tabled as Appendix 1. The other consideration would be for the status quo to remain and staff can continue using a conciliatory approach.

LIST OF APPENDICES1. Building Notice and Building Order Process for Fire Damaged Buildings

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9 REPORTS OF COMMITTEES

Nil

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10 REPORTS FROM DELEGATES APPOINTED BY COUNCIL TO OTHER BODIES

10.1 PRESENTATION OF WRITTEN AND VERBAL REPORTS FROM COUNCILLORS IN THEIR ROLE AS DELEGATES TO OTHER BODIES

10.2 PARLIAMENTARIAN AND DEPARTMENTAL LETTERS RECEIVED BY THE MAYOR

Member for Western Metropolitan Region, Andrew Elsbury MLC – Response to correspondence regarding State funding application for Early Years Centre.

RECOMMENDATION:That the Parliamentarian and Departmental letters received by the Mayor be received and noted.

LIST OF APPENDICES1. Correspondence from Member for Western Metropolitan

Region

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10.3 RECORD OF ASSEMBLY OF COUNCILLORS ATTACHED TO THIS AGENDA IN ACCORDANCE WITH SECTION 80A(1) OF THE LOCAL GOVERNMENT ACT 1989

Nil

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11 NOTICES OF MOTION

11.1 NOTICE OF MOTION 327 (CR BORG) UNSIGHTLY OR FIRE DAMAGED PROPERTIES.

Councillor: Broden Borg

Notice was given at the Ordinary Meeting of Council held on 20 September 2012 of my intention to move the following motion at the Ordinary Meeting of Council to be held on 11 October 2012.

MOTION:1. That a report be presented to Council that details Council’s authority to direct owners of

unsightly or fire damaged properties to undertake timely rectification works.

1. Officer’s CommentsThis item has been addressed in Officers Report 8.6 of this Agenda.

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11.2 NOTICE OF MOTION 328 (CR BORG) MUNICIPAL RATES CONCESSION TO INCLUDE ALL SENIORS CARD HOLDERS.

Councillor: Broden Borg

Notice was given at the Ordinary Meeting of Council held on 20 September 2012 of my intention to move the following motion at the Ordinary Meeting of Council to be held on 11 October 2012.

MOTION:1. That Council write to the Premier and Minister for Community Services, Mary Woodridge,

advocating for an extension of the eligibility for Municipal Rates Concession to include all Seniors Card holders that are also holders of a Health Care Card.

1. Officer’s CommentsOfficers Comments.The Seniors Card entitles Australians over 60 years of age to a range of benefits provided by government and businesses. The Card is free and is issued by the State Government in recognition of the contribution that seniors have made - and continue to make - to the Australian community.

Provided by the Federal Government, a Health Care Card grants concessions on health-care costs, including medicines through the Pharmaceutical Benefits Scheme. It can also grant concessions provided by State and Local Governments as well as some private businesses, including household, education, and public-transport costs. Eligibility is attained upon receipt of a wide range of welfare payments, many of which are intended to be temporary in nature, rather than permanent.

The Municipal Rates Concession (MRC) provides a 50% discount off council rates up to a yearly maximum of $198.00 in 2012-2013. The concession is available to homeowners and must be for their principal place of residency, and applicants must have a Pensioner Concession Card or a DVA Gold card. Council also contributes an extra $40 to the amount claimable by the applicant.

Council currently includes a MRC for approximately 11% of properties within the Municipality.  Extending the MRC as written is forecast to increase the number of eligible properties to approximately 34%. The temporary nature of the Health Care Card would need to be carefully considered when assessing a policy and administrative response to such a change, as would any additional council resources required to manage an extended scheme.

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ORDINARY MEETING OF COUNCIL 18 OCTOBER 2012

12. COUNCILLOR’S QUESTIONS WITHOUT NOTICE

13. MOTIONS WITHOUT NOTICE

14. URGENT BUSINESS

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15. CONFIDENTIAL BUSINESSProcedural Motion:That pursuant to Section 89(2) of the Local Government Act (1989) the meeting be closed to the public to consider the following reports, that are considered confidential for the reasons indicated

15.1 Tender Report and Recommendation - Clarkes Road Children's and Community Centre DesignThis report is confidential in accordance with s89(2)(d) as it relates to contractual matters:

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FOI EXEMPT AND NOT AVAILABLE FOR PUBLIC INSPECTION

15.1 TENDER REPORT AND RECOMMENDATION - CLARKES ROAD CHILDREN'S AND COMMUNITY CENTRE DESIGN

Author: Michael Reidy - Capital Works OfficerPresenter: Les Stokes - Acting General Manager Planning & Development

To advise Council that the tender assessment for the design and contract administration of the Clarkes Road Children’s and Community Centre has been completed and a recommendation is presented to Council.

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Procedural Motion:

That the meeting be opened to the public.

16. CLOSE OF BUSINESS

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