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AGENDA Ordinary Meeting of Council 5.30pm Wednesday 28 March 2018 VENUE: Committee & Council Room 76 Deakin Ave, Mildura NEXT ORDINARY COUNCIL MEETING 5.30pm Tuesday 24 April 2018 Copies of Mildura Rural City Council’s Agendas & Minutes can be obtained online at www.mildura.vic.gov.au

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Page 1: AGENDA Ordinary Meeting of Council · AGENDA Ordinary Meeting of Council 5.30pm Wednesday 28 March 2018 VENUE: Committee & Council Room 76 Deakin Ave, Mildura NEXT ORDINARY COUNCIL

AGENDA Ordinary Meeting of Council

5.30pm Wednesday 28 March 2018

VENUE: Committee & Council Room 76 Deakin Ave, Mildura NEXT ORDINARY COUNCIL MEETING 5.30pm Tuesday 24 April 2018

Copies of Mildura Rural City Council’s Agendas & Minutes can be obtained online at www.mildura.vic.gov.au

Page 2: AGENDA Ordinary Meeting of Council · AGENDA Ordinary Meeting of Council 5.30pm Wednesday 28 March 2018 VENUE: Committee & Council Room 76 Deakin Ave, Mildura NEXT ORDINARY COUNCIL

Prayer

Almighty God,

We who are gathered together in Council,

pledge ourselves to work in harmony for

the welfare and development of our Rural City.

Guide us, we pray, in our deliberations,

help us to be fair in our judgement and

wise in our actions,

so that prosperity and happiness

shall be the lot of our people.

Amen.

Acknowledgement of Country

“I would like to acknowledge the traditional custodians of

the land on which we are meeting, the Latji Latji people,

and pay my respects to Elders both past and present.”

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Note to Councillors

Declaration of Interest Councillors should note that in accordance with Section 77A of the Local Government Act 1989, there is an obligation to declare a conflict of interest in a matter before Council. A conflict of interest can be a direct or indirect interest in a matter. A person has a direct interest if:

1. There is a reasonable likelihood that the benefits, obligations, opportunities or circumstances of the person would be directly altered if the matter is decided in a particular way;

2. There is a reasonable likelihood that the person will receive a direct

benefit or loss that can be measured in financial terms if the matter is decided in a particular way;

3. There is a reasonable likelihood that the residential amenity of the person will be directly affected if the matter is decided in a particular way.

A person has an indirect interest if the person has:

1. A close association whereby a “family member” of the person has a direct or indirect interest or a ”relative” has a direct interest, or a member of the person’s household has a direct interest in a matter;

2. An indirect financial interest in the matter;

3. A conflicting duty;

4. Received an “applicable” gift;

5. Become an interested party in the matter by initiating civil proceedings

or becoming a party to civil proceedings in relation to the matter; or

6. A residential amenity affect.

Disclosure of Interest A Councillor must make full disclosure of a conflict of interest by advising the class and nature of the interest immediately before the matter is considered at the meeting. While the matter is being considered or any vote taken, the Councillor with the conflict of interest must leave the room and notify the Chairperson that he or she is doing so.

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INDEX

1 PRAYER AND ACKNOWLEDGEMENT OF COUNTRY ........................................... 6

2 OPENING AND WELCOME ...................................................................................... 6

3 PRESENT .................................................................................................................. 6

4 APOLOGIES ............................................................................................................. 6

5 CONFIRMATION OF MINUTES ................................................................................ 6

6 CONFIRMATION OF ASSEMBLY OF COUNCILLORS ............................................ 7

7 NOTIFICATION OF ABSENCE ................................................................................. 9

8 MAYORAL REPORT ................................................................................................10

8.1 MAYOR'S REPORT FEBRUARY 2018 .........................................................10

8.2 MAYOR AND EDUCATION DELEGATION TO CHINA 2018 ........................11

9 COUNCILLORS REPORTS .....................................................................................21

9.1 COUNCILLORS' REPORT FEBRUARY 2018 ...............................................21

10 RESPONSES TO COUNCILLORS QUESTIONS .....................................................24

10.1 CR MAX THORBURN - LOWER MURRAY WATER PROPOSAL .................24

10.2 CR MAX THORBURN - PEDESTRIAN CONTROLS .....................................24

11 QUESTIONS FROM COUNCILLORS ......................................................................25

12 NOTICES OF MOTION .............................................................................................25

13 PETITIONS ...............................................................................................................26

13.1 PETITION - MILDURA LANDFILL CHANGES IN THE HOURS OF OPERATION .................................................................................................26

13.2 PETITION - OFF LEASH DOG PARK ...........................................................27

14 MANAGEMENT REPORTS ......................................................................................29

14.1 MILDURA FUTURE READY ADVOCACY AND FUNDING STRATEGY - EXPRESSION OF INTEREST FOR REGIONAL GROWTH FUND ...............29

14.2 MILDURA PLANNING SCHEME AMENDMENT C95 - DEAKIN AVENUE URBAN DESIGN GUIDELINES - RESPONSE TO SUBMISSIONS ..............37

14.3 MILDURA PLANNING SCHEME AMENDMENT C100 - SIXTEENTH STREET GREENWAY - RESPONSE TO SUBMISSIONS ............................81

14.4 AUDIT COMMITTEE MEETING 4/2017-2018 - MINUTES - SUMMARY - 8 FEBRUARY 2018 ..........................................................................................97

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14.5 ADOPTION OF S11A INSTRUMENT OF APPOINTMENT AND AUTHORISATION ....................................................................................... 101

15 URGENT BUSINESS ............................................................................................. 106

16 PUBLIC QUESTIONS ............................................................................................ 106

CONFIDENTIAL BUSINESS .............................................................................................. 106

17 CONFIDENTIAL REPORTS ................................................................................... 106

17.1 SECTION 89(2)(D) - (CONTRACTUAL MATTERS) ................................... 106

17.2 SECTION 89(2)(D) - (CONTRACTUAL MATTERS) .................................... 106

18 CLOSURE .............................................................................................................. 106

GERARD JOSÉ

CHIEF EXECUTIVE OFFICER

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Agenda - Ordinary Council Meeting Wednesday 28 March 2018

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1 PRAYER AND ACKNOWLEDGEMENT OF COUNTRY

2 OPENING AND WELCOME

3 PRESENT

4 APOLOGIES

5 CONFIRMATION OF MINUTES

Ordinary Council Meeting held on 28 February 2018 That Council confirm the minutes of the Ordinary Council Meeting of 28 February 2018 as a correct record Confidential Council Meeting held on 28 February 2018 That Council confirm the minutes of the Confidential Council Meeting of 28 February 2018 as a correct record

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6 CONFIRMATION OF ASSEMBLY OF COUNCILLORS

In accordance with Section 80A of the Local Government Act 1989 (the Act), records of Assemblies of Councillors must be reported at the next practicable Council meeting and recorded in the minutes. An Assembly of Councillors is defined in Section 76AA of the Act as a meeting at which matters are considered that are intended or likely to be the subject of a Council decision or the exercise of a delegated authority and which is either of the following:

A meeting of an advisory committee where at least one Councillor is present; or

A planned or scheduled meeting that includes at least half the Councillors and at least one Council officer.

The record is therefore presented for Council’s noting. Recommendation That Council note the Assembly of Councillors records for the following meetings:

Municipal Emergency Management Planning Committee – 7 March 2018

Council Forum – 8 March 2018

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RECORD OF ASSEMBLIES OF COUNCILLORS

Assembly Details

Councillor Attendees

All Other Attendees Matters Discussed Conflict of

Interest Disclosures

Municipal Emergency Management Planning Committee

7 March 2018

Cr Simon Clemence

Charmaine Calis, Governance & Risk Coordinator Mark Jenkins, Manager Community Futures Matt Collins, Acting Local Laws Coordinator Mike Mooney, Manager Asset Services Geoff Burr, Community Planning Officer Kerryne McClelland, Community Recovery Executive Officer Jody Jones, Community Development Coordinator Peter I’Anson, Emergency Management Project Officer Kate Redman, Risk Administration Officer

1. Sub- Committee reports 2. Agency Reports 3. Emergency events prior to Christmas /

New Year 4. MEMPC Structure 5. MEMPC Membership 6. Emergency management Legislation

Amendment Bill 7. Sub-Plans 8. Action Tracking items 9. General Business

Nil

Council Forum

8 March 2018

Cr Greg Brown Cr Simon Clemence Cr Glenn Milne Cr Jason Modica Cr Min Poole Cr Max Thorburn

Gerard José, Chief Executive Officer David Folvig, Acting General Manager Corporate Martin Hawson, General Manager Community Charmaine Calis, Acting Manager Corporate Administration Ben Piscioneri, Public Relations Officer

1. Monthly Management Report 2. Mildura City Heart Half Yearly Report 3. Confidential Item 4. Mildura South Regional Sporting Precinct

Design 5. Quarterly Budget Review 6. Murray Regional Tourism Board 7. Food Next Door Project 8. Councillor Questions

Nil

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7 NOTIFICATION OF ABSENCE

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8 MAYORAL REPORT

8.1 MAYOR'S REPORT FEBRUARY 2018

File Number: 02/01/06

1. Summary

The following is a report on the activities and functions attended by the Mayor during the month of February 2018, as confirmed by the Mayor.

2. Recommendation That Council note the contents of this report.

3. Comments

Meeting with Australian Sister City Executive Member

Meeting with Peter Walsh MP and Peter Crisp MP

Mildura Regional Development Meeting Chair

Mallee Family Violence Executive Meeting

Deakin Avenue Stakeholders Meeting

Meeting with the Ratepayers Association

Meeting to discuss Upcoming Delegation to China

Mildura Rural City Council Audit Committee Meeting

Local Government Act Briefing

Chaired Council Forum

Northern Mallee Leaders 2018 Program Launch

Northern Mallee Sports Star Awards

Passenger Rail Project Meeting in Ouyen

Regional Cities Victoria

Site Visit to Mildura Arts Centre Art Vault

Private Citizenship Ceremony

Australian Advocacy and Politics Summer School

Queen’s Baton Relay

Psyche Bend Historical Reserve Committee of Management

Luncheon Meeting with The Hon Greg Hunt MP, Minister for Health

Embassy Vic – The Network Meeting

Flow FM Radio Interview

Chaffey Trail Reference Group Meeting

Mildura Future Ready Steering Committee

Dali Delegation Discussions

Official Launch of Sproutx

Tour of Mildura Future Ready Sites with the Hon Jaala Pulford MP

CEO Employment Matters Committee

Chaired Ordinary Council Meeting

River 1467 Radio interview

Radio 97.95 Interview

Mildura Upland Sister City Klops Night

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8.2 MAYOR AND EDUCATION DELEGATION TO CHINA 2018

File Number: 02/01/06

1. Summary

Exploring the opportunities for mutually beneficial outcomes centred around educational opportunities, the primary focus of travelling to China was to promote these opportunities through a consolidated package under the 'Study Mildura' banner. The 'Study Mildura' package is a collaborative initiative between SuniTAFE CEO Geoff Dea, General Manager Operations, David Harris, Manager International Business Unit, Bradley Fyfe and Marketing Manager International Business Unit, Jane Zhang. La Trobe Mildura Campus was represented by Richard Speed, Pro Vice Chancellor Regional, and Amalia Di Iorio, Associate Pro Vice Chancellor, supported by Mayor, Cr Mark Eckel. The delegates visited three provinces, cities including Wuhan at Hubei province, Dali at Yunnan province and Chengdu at Sichuan province. Delegation members from SuniTAFE and La Trobe will be meeting to assess the outcomes and plan next steps in April.

2. Recommendation

That Council:

i) note the contents of this report; and ii) invite SuniTAFE and La Trobe University to present their assessment of

the outcomes and plans for the future.

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3. Comments

WUHAN SuniTAFE established a relationship with a new partner, Donghu University (Wuhan), through the signing of an MOU and agreements for the establishment of a joint program for a Diploma of information Technology & Advanced Diploma of Accounting. Both courses articulate through to a La Trobe University Bachelor Degree.

There was also follow up talks with Wuhan Institute of Technology, with whom an MOU was signed by SuniTAFE in 2016. The delegation agreed to work towards an Information Technology, Accounting and Leadership / Management Diploma, with the potential to progress to a Degree. DALI (Mildura Rural City Council Sister City) The visit to Dali commenced with a visit to long-time supporter Mr Liu, Principal, Xiaguan Middle School. This relationship has been responsible for over 600 students and teachers participating in an exchange program with Red Cliffs Secondary Collage, Merbein P12 and Irymple Secondary College over the past ten years.

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In 2018 St Joseph’s College commenced a Sister School relationship with Xiaguan No 1 Middle School, and a MOU was signed to initiate the relationship.

The Delegation also toured and conducted meetings with Dali Prefectural Minority Middle School, discussing the possibility of a joint scholarship between SuniTAFE and La Trobe University, for Dali District students wishing to study in Mildura. The delegation attended official events for Dali University’s 16th International Day. The event was attended by University and government officials from South East Asia including Thailand, Cambodia, Laos, India, Japan, South Korea as well as Russia, England and Australia. Thirteen delegates were invited to speak, and a copy of my address, with a focus on 'Co-operation & Development' is as follows:

“Good afternoon Mr Duan Lin, Party Secretary and delegates. May I extend from my delegation of SuniTAFE Mildura, La Trobe University and Mildura Rural City Council our deepest gratitude for the invitation to attend this auspicious event. The purpose of our visit to China is to develop collaborative programs between Wuhan, Dali and Chendu with Mildura in education and tourism. Our Sister City relationship has been the building block on which the schools program has involved 900 students. The younger generation studying in Mildura benefit from not only our Australian culture but also our inclusive multicultural community of approximately 65 nationalities. The collaboration between Dali University, SuniTAFE and La Trobe University is highly respected by the Mildura Rural City Council. With more than ten years of collaboration, students from Dali University have spent three months in work placements at various industries in Mildura. Some of

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them return back to Australia for a Masters program. Dali University Professor Peng who is here with us today, presented an art exhibition in Mildura of his award winning water colours. The previous CEO of SuniTAFE, Win Scott taught at this University. Also here today with us is Jane Zhang, a Dali University Associate Professor who taught here and now is working as part of the SuniTAFE 'Study Mildura' Delegation. What better example of a working relationship? In closing, we need more conversation about the benefits of more collaborative programs where both sides can learn and grow together. We can discuss and reveal more about the opportunities in our agriculture, one of the most productive and efficient regions in Australia. Mildura is also a major rural tourist destination. Thank you Cr Mark Eckel”

Next to take the podium was 'Study Mildura' Delegation representative Professor Richard Speed, La Trobe University. His speech is as follows:

“Co-operation between universities has never been more important. In a world of global trade, of changing work, of complex global politics, it is important that our students, the future leaders of our communities, businesses and industries have learnt to work across cultures and countries. Successful co-operation challenges us to think about our partner’s

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ambitions and goals, and to adapt our actions to assist our partners. It means we have to stay true to our partners as leaders and key personnel change. That is often hard to do in big complicated institutions. Co-operation and partnership is therefore requires a commitment that persists, and a continuous effort to understand our partner and to refine and develop our partnering skills. At La Trobe we are learning every day how to be better partners, working with universities across the world. We are here today to listen, learn and share. I am delighted that we can learn today from a university like Dali who have made international partnerships so central to the university’s mission. My colleagues who are here today are from the key partners for international education in Mildura. For us, international co-operation requires co-operation at home. La Trobe works closely with our technical education partner, SuniTAFE, who have outstanding record of providing the community with skilled professionals. We also work closely with our city and community in Mildura. Our community see international education co-operation as a key element in our social and economic development of our region. As the key businesses in our regions become more global in outlook, and require higher skills from their staff, education is a key to success. And more than ever, that education requires a global outlook. Prof Richard Speed”

Following the Forum, the delegation had the pleasure of a private meeting with Dali University Party Secretary, Mr Duan Lim, and senior colleagues from the University. Mr Lim showed considerable interest in supporting closer collaboration and student centered activities to Mildura.

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Mr Lim requested that Council approach State Government representatives, seeking opportunities in green agricultural technologies, improved water saving and farm productivity, in association with SuniTAFE and La Trobe University. The possibility of the Mildura Arts calendar of events staging a bi-annual Dali Chinese Festival, was discussed, with March 2019 potentially featuring the Dali University Arts Teacher, Professor Peng and instrumentalists, along with the Green Tea making ensemble from Dali VET College.

A tour of the Dali Nursing Vocational College was the next stop, which included a meeting with President Chai and members of the leadership team. A future teacher exchange program was discussed along with the possibility of nursing students to further their studies in Australia.

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Dali has significantly lower wealth levels than Wuhan and Chengdu, and cost of an Australian education was flagged as an issue limiting student flows from Dali to Mildura. SuniTAFE and La Trobe had thought carefully about course design and scholarships, and were able to offer students from our sister city a Mildura opportunity at about a 25% lower fee cost, but the cost remains high relative to incomes in Dali. The lower cost of living in Mildura compared with Sydney or Melbourne is also a factor. CHENGDU The ‘Study Mildura’ delegation had a high level meeting with leading Australian government officials of Chengdu City, including Christopher Lim Consul-General, Vice Consul-General, Lance Truong, Office of Consul General, Tim White, Trade Commissioner Austrade, Terry Wang, Trade & Investment Victoria.

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Austrade provided the latest market update, showing that 56% of students selected Management and Commerce as their preferred study option in Australia. SuniTAFE Manager of International Programs, Brad Fyfe, stated that Chengdu, the recognised centre of South West China, will be the stimulus for future Mildura international student growth. SuniTAFE International Marketing Manager, Jane Zhang added that this growth would be in the areas of aged care, hospitality and agribusiness in particular in this province. Christopher Lim, Consul-General, organised the forum prior to the departure of the 'Study Mildura' delegation and was supportive of the SuniTAFE / La Trobe University international education initiative. Geoff Dea, CEO, SuniTAFE was encouraged by Mr Lim's endorsement of the ‘Study Mildura’ strategy and thanked him for his support in the past and his updates around opportunities in China.

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The delegation were invited to attend an evening reception for Chengdu –based alumni of Australian universities, and an International Women’s Day lunch hosted by the Consul-General. Delegation member, Professor Amalia Di Iorio, spoke at both events, covering her work on self -efficacy and opportunities for women. Amalia also presented on this topic in Mildura in November 2017. That afternoon the delegation were given a tour and held a meeting with Chengdu Polytechnic College. The President, Mr Wang and senior staff discussed student and teacher exchange, as well as the possible joint program with SuniTAFE. A MOU was signed with the college, SuniTAFE and La Trobe University for the preparation of further development of curriculum in leadership and management, tourism, hospitality and information technology.

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International Women’s Day lunch hosted by the Consul-General

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9 COUNCILLORS REPORTS

9.1 COUNCILLORS' REPORT FEBRUARY 2018

File Number: 02/01/06

1. Summary The following is a report on the activities and functions attended by Councillors during the month of February 2018, as confirmed by the Councillors.

2. Recommendation That Council note the contents of this report.

3. Comments

Cr Greg Brown

Meeting with Mildura Regional Development

Murrayville Library Meeting

Passenger Rail Project

Silo Trail Meeting with Mildura Regional Development

Rail Service Return to Merbein

Cr Anthony Cirillo

Loddon Mallee Resource Recovery Group and Waste Forum

Renewable Energy Cross Portfolio meeting

Cr Simon Clemence

ABC Radio regarding Road Safety Initiatives

Meeting with Professor Nicole Lee

Drug and Alcohol Research Practitioners Forum

Northern Mallee Local Drug Action Team

Mildura Regional Development

Northern Mallee Community Partnership Executive

Media Meeting regarding Silo Art Trail

Mildura City Heart Half Yearly reporting and New Business Plan

Sunraysia Highway Improvement Committee

Aboriginal Action Committee Meeting

Northern Mallee Local Learning and Employment Network

Cr Ali Cupper

Disability Access Advisory Committee

Mildura Rural City Council Audit Committee Meeting

Passenger Rail Project

Office of Women’s Sport Round Table

Mildura Local Aboriginal Justice Action Committee

Tour of Mildura Future ready Sites with the Hon Jaala Pulford MP

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Cr Glenn Milne

Rail Freight Alliance with the Hon Jacinta Allen

Northwest Rail Alliance Annual General Meeting

Alfresco Dining Policy

Pipeline Protest Wentworth

Old Aerodrome Sporting Complex Advisory Committee

Marina meeting

Tour of the old Mildura Base Hospital

Water Saving Webinar

Salvation Army Workshop

Bob Simpson Victoria Police Retirement dinner

Stop the Stigma Workshop

Victorian Local Government Association

Rail Service return to Merbein

Cr Jason Modica

Arts Mildura Seminar

Red Cliffs Combined Community groups

CASA safety training

Arts Mildura Board Meeting

Meeting with Council CEO

Irymple Bocce Club Australia Day Dinner

Arts Mildura Board Meeting

Mildura Arts centre Culture Advisory Committee

Public Galleries Association Victoria Supporter Program

Cr Min Poole

Refer to the table below

Cr Max Thorburn

Refer to the table below

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This table represents attendances by two or more Councillors at the following functions, as advised by Councillor acceptances for such functions:

Function Attended

Bro

wn

Cirill

o

Cle

mence

Cupp

er

Miln

e

Modic

a

Poole

Th

orb

urn

Council Forum

Ordinary Council Meeting

CEO and Councillor Catch Up

Mildura Future Ready Steering Committee Meeting

Local Drug Action Team Community Forum

Local Government Act Briefing

Queen’s Baton Relay

Federal Health Minister

Sprout X Launch

La Trobe Orientation BBQ

CEO Employment Matters

Northern Mallee Leaders Program Launch

Northern Mallee Sports Star Awards

Merbein CWA

Attachments There are no attachments for this report.

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10 RESPONSES TO COUNCILLORS QUESTIONS

10.1 CR MAX THORBURN - LOWER MURRAY WATER PROPOSAL

Record Number: 02/01/06

“Is the proposal by Lower Murray Water to expand the irrigation area into four dryland areas being opposed by the Goulburn Valley Irrigators and from irrigators in South Australia and if so, can we support the local expansion through our parliamentary representatives and if necessary, can we trade off some of the dry land Mildura Older Irrigated Area district allotments which have no water attached, remove them from the status as being prime agricultural land and have these allotments used for other purposes – in other words, why can’t Lower Murray Water surrender some of the MOI land to replace it with the dryland veg?” This matter was addressed by Gerard José, CEO in a memorandum provided to Councillors dated 20 March 2018. The memorandum advises the CEO has requested the Managing Director, Lower Murray Water provide a response with a copy to be provided to all Councillors.

Attachments There are no attachments for this report.

10.2 CR MAX THORBURN - PEDESTRIAN CONTROLS

Record Number: 14/02/24

“Were the previously installed pedestrian crossings and traffic signals established in Fifteenth Street between Deakin and San Mateo fully funded by Vic Roads or was there some funding also recouped from the beneficiaries; namely the main shopping centre and also other adjoining local businesses?” This matter was addressed by Mandy Whelan, General Manager Development in a memorandum provided to Councillors dated 8 March 2018. The Calder Highway Pedestrian Operated Signals were fully funded by VicRoads. There was no co-contribution funding from any adjoining businesses.

Attachments There are no attachments for this report.

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11 QUESTIONS FROM COUNCILLORS

12 NOTICES OF MOTION

Nil

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13 PETITIONS

13.1 PETITION - MILDURA LANDFILL CHANGES IN THE HOURS OF OPERATION

File Number: 15/05/02 Officer: General Manager Development

1. Summary

A petition has been received requesting that the recent changes to the hours of operation of the Mildura Landfill and Transfer Station be reverted back to 7am-4.45pm. The petition contains 157 signatures. A copy of both correspondence and attached petitions has been distributed directly to Councillors because of privacy issues that prevent inclusion within the Agenda.

2. Recommendation

That Council:

(i) note the petition; (ii) considers the petition as part of the evaluation of the trial of reduced

hours at the Mildura Landfill; and (iii) notifies the petition coordinator accordingly.

3. Discussion Following the conclusion of the Waste Management Service review, Council approved a trial of reduced operating hours of Mildura Landfill for a period of 12 months. The trial started on 1 August 2017 and has been underway for approximately seven months. At the completion of this trial a report will be presented to Council, taking into consideration feedback received from the community.

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13.2 PETITION - OFF LEASH DOG PARK

File Number: 16/06/05 Officer: General Manager Corporate

1. Summary

A petition has been received in relation to the trial off leash dog park, requesting Council’s consideration of the following matters:

Removal of prickles throughout the grass

Supply of drinking water for animals and owners

Additional waste stations and more frequent servicing

Construction of a fence to enclose the entire park

Provision of dog waste bags

Replacement of loose gravel at the Rio Vista side entrance The petition contains 19 signatures. A copy of both correspondence and attached petitions has been distributed directly to Councillors because of privacy issues that prevent inclusion within the Agenda.

2. Recommendation

That Council note the petition and that this matter be considered within the April 2018 Ordinary Meeting of Council.

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14 MANAGEMENT REPORTS

14.1 MILDURA FUTURE READY ADVOCACY AND FUNDING STRATEGY - EXPRESSION OF INTEREST FOR REGIONAL GROWTH FUND

File Number: 07/03/02 Officer: General Manager Community

1. Summary

The purpose of the Mildura Future Ready Funding and Advocacy Strategy (MFR) endorsed by Council in December 2017 is to engage all three levels of government to collectively focus on core initiatives that will generate jobs, economic stimulus and social outcomes. MFR is an initiative for Council to attract large scale government investment into the Mildura community. The recent announcement of the Federal Governments Regional Growth Fund provides an exciting opportunity to pursue funding for MFR. This program will allow Council to apply for funding for two of the four key initiatives in the MFR strategy. Namely Stage one of the Mildura Motorsports and Community Precinct and the Mildura South Sporting Precinct.

2. Recommendation

That Council endorse the expression of interest application to the Regional Growth Fund for phase one of the Mildura Future Ready Funding and Advocacy Strategy:

Mildura South Regional Sporting Precinct (all indoor components + premier oval).

Mildura Motorsports and Community Precinct (Stage One).

3. Background

Mildura has and is experiencing a prolonged period of economic transition. Traditionally strong industries of horticulture, agriculture and manufacturing are now undergoing a significant adjustment period, contributing to high levels of economic and social disadvantage and poor levels of regional growth relative to the Victorian average. As a rural community we have inherent issues that contribute to a higher than normal level of social disadvantage. Currently Mildura is ranked as the third most disadvantaged community in Victoria according to the socio economic indexes for areas (SEIFA). This has been confirmed in a number of social research studies undertaken by Council over many years, which in turn inhibits the health and wellbeing of this community. Mildura Future Ready (MFR) aims to address the key drivers of this situation, such as low incomes levels, lack of jobs growth and high unemployment levels.

The MFR initiative defines the core problems generated by the drivers of this situation to be as follows:

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1. Poor long term rates of population and economic growth, coupled with high

levels of unemployment, inhibiting Mildura’s regional potential to maintain its

$2.7 billion contribution to Australia’s Gross Regional Product (GRP).

2. Entrenched and significant disadvantage in a range of social indicators, creating

widespread community dependency and negatively affecting employment,

participation and engagement.

3. A decline in Mildura’s visitor numbers, tourist infrastructure and destination

offerings, contributing to a perception as an uninspiring destination.

4. Lack of access, equity and choice to affordable and accessible transport options

for the most isolated Local Government Area (LGA) in Victoria.

Therefore Mildura Rural City Council (Council) determined that to address these problems there must be large scale investment in infrastructure that drives job growth, direct and indirect economic returns and social connections. This has seen the culmination of three key projects and one core advocacy project. These include: 1. Establish the Mildura Motorsports and Community Precinct with a business

model to sustain training and employment. 2. Establish the Mildura South Regional Sporting Precinct to increase participation

and opportunities for significant regional events. 3. Initiate the Mildura Riverfront Redevelopment - Stage 2 to increase tourism

yield and private investment. Increased level of high rate properties to reduce the burden on low income families.

4. Council advocacy to establish an affordable and accessible passenger train service.

Associated master plans, business cases and investment prospectuses for individual major project initiatives are now combined and make up the MFR solution. The investments contained in the advocacy and funding strategy will create immediate and significant social and economic impacts for the region, that in isolation each project is unable to achieve in the short to medium term. When fully implemented, MFR will conservatively deliver an estimated 1099 jobs and an economic impact of $411 million in total investment to the region. Since the endorsement of this strategy by Council there has been a concerted effort to advocate for the strategy. This has included representations to both State and Federal governments, together with launching associated business cases.

4. Consultation Proposed/Undertaken

A Council working group was established to develop the MFR Advocacy and Funding Strategy, which included members of the Executive Leadership Team and relevant staff. The Advocacy and Funding Strategy was endorsed by Council at its Ordinary Council Meeting held in August 2017.

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5. Discussion

The development of the federal Governments Regional Growth Fund (RGF) fund will enable the following funding strategy to be explored:

Project Federal State MRCC Other Total:

Mildura Motorsport and Community Precinct Stage 1

$11M $9M $2M $22M*

Mildura South Regional Sporting Precinct

(all indoor components + premier oval)

$17.4M $10M $6M $1.4M $34.8M

Total: $28.4M $19M $8M $1.4M $56.8M

*Slightly revised from Business Case

The Mildura South Regional Sporting Precinct has previously been reported in the MFR funding and advocacy strategy as costing $36.5M to complete. The above breakdown would achieve the full completion of all indoor components of the stadium with the completion of the Premier Oval. The Regional Growth Fund is a twostep submission process. The first step requires an Expression of Interest (EOI) to be submitted, which is due by 27 April 2018. If selected to proceed after formal assessment of EOIs, Council will then have three to months complete the full application including substantiated confirmation from all funding partners; State Government, any private investment and other stakeholders in the project. To date we have notified Regional Development Victoria (RDV) of our ambition to secure Federal funding through the Regional Growth Fund and will be submitting an expression of interest (EOI) application under their Regional Infrastructure Development Fund (RIDF) for consideration and funding commitment prior to the close of this two-step process.

6. Time Frame

Timing is right to influence and advocate on behalf of the MFR Advocacy and Funding Strategy to both sides of Government in the lead up to their respective election cycles listed below.

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Key Date Action

Federal Government (EOI) 27 April 2018

Full Business Case Submission Three Month timeframe to complete once notification has been received from Department.*

Funding outcome known Late 2018

*EOI outcomes potentially could be communicated in Q1 2018/19

7. Strategic Plan Links

This report relates to the Community and Council Plan in the Key Result Area: 3.1 Economic Development and Tourism Goal to be achieved:

a vibrant, diverse, innovative and sustainable economy.

4.1 Leadership and Representation Goals to be achieved:

elected members engage effectively with the community;

effectively respond to the interests of our community; and

deliver results in line with community expectations. Actions to be achieved:

Develop Advocacy Plan

Implement Advocacy Plan

Strategic Document Reference:

South Mildura Regional Sporting Precinct

Council Plan 2017 -2021

Community Health & Wellbeing Plan

Recreation Strategy

Public Open Space Strategy

Tracks and Trails Strategy

Indoor Sports Stadium Strategy

Mildura Recreation Reserve Master Plan – 2014 Review

Mildura South Regional Sporting Precinct Master Plan

Mildura South Recreation Assessment

Mildura South Precinct Structure Plan

Mildura South Urban Design Plan

Mildura Motorsports and Community Precinct

Mildura Motorsports and Community Full Business Case

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8. Asset Management Policy/Plan Alignment

Based on a 15 year period, the working group has identified ongoing operational costs and impacts to Council, with assumptions based on the following:

Five year project delivery

Council expenditure spread evenly over five years

Current loan borrowings and repayments taken from the Strategic Financial Plan

Inflation rate of two per cent

Interest on borrowings of four per cent

Borrowing period of 20 years.

9. Implications

Policy Investment Policy CP047 Capital Works Management Policy OP167 Legal/Statutory There are no legal or statutory requirements associated with this report. Financial The projected financial contributions from Council and other stakeholders are summarised in the table below:

Project Federal State MRCC Other Total:

Mildura Motorsport and Community Precinct Stage 1

$11M $9M $2M $22M

Mildura South Regional Sporting Precinct

(all indoor components + premier oval)

$17.4M $10M $6M $1.4M $34.8M

Total: $28.4M $19M $8M $1.4M $56.8M

Financial analysis of the MFR strategy has been undertaken by the Financial Services Branch. In doing this, it can be assumed that Council will take its contributions from a mix of cash reserves and / or borrowing’s. This analysis included servicing of borrowings, and the ongoing operational and asset renewal costs associated with the proposed projects. This analysis suggests that Council will have the ability to service these additional costs from existing sources revenue, without requiring an additional increase in rates for the purposes of these projects, due to:

Reinstatement of Victorian grants commission indexation

Expiration of a number of existing Council loans

Allocations within the Strategic Resource Plan for future superannuation calls and land acquisitions.

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Therefore, the MFR funding strategy is based on assumptions around financial support from all three levels of government as well as private contributions. Council’s portion of the funding mix is $10.6 million which will be made up of a combination of cash reserves and borrowings. Where loan funds are required, the servicing of any debt will be met from within current financial resources. If funded as per the funding model there will be no additional impost on ratepayers. Environmental Environmental impacts / benefits are outlined in the individual major project business cases. Social The benefits for adoption of the Mildura Future Ready Advocacy and Funding Strategy are entailed below:

Improved employment, health and wellbeing across the Mildura LGA community.

Population growth and lifestyle opportunities in the most isolated regional city in Victoria.

Attract and retain jobs and diversity for Mildura’s population, through a more active, engaged and employed community.

More resilient and growing tourism and increased transport connectivity. Economic Robust Business Cases and REMPLAN economic modelling have been created for the Mildura Motorsport and Community Precinct Stage 1 and Mildura South Regional Sporting Precinct projects: Project Investment

cost Direct jobs (construction)

Indirect jobs (flow on)

Economic Impact (direct)

Economic Impact (flow on)

Mildura Riverfront Development – Stage 2

$29.5m 63 110 $66.5m Tourism $69.5m2, Social value $7.2m2, Property Values $1.5m2

Mildura Motorsports and Community Precinct

$21.5m 49

8851 direct

76

4871

indirect

$45.719m

$223.36m1

$499.73m1

Mildura South Regional Sporting Precinct

$36.445m 102 (includes 10 operational)

127 jobs $76.207m TBA (awaiting Final Economic Assessment)

Mildura Passenger Rail Service

$0.5m TBA TBA TBA TBA

Total $88m 1,0993 jobs 8003 jobs

$411m3 $577.93m3

1 Impact Modelling

(30 years)

2 Impact Modelling (10 years)

3 Based on Full Implementation

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Source: Mildura Future Ready Funding and Advocacy Strategy August 2017

REMPLAN and business case economic modelling indicates that a total investment of $88m towards MFR would deliver a total output of $411m. This includes all direct, industrial, flow on and consumption effects, including an estimated 1,099 jobs on full completion. According to the respective business cases, a further 800 jobs would be established over the long term.

10. Risk Assessment

By adopting the recommendation, Council will be exposed to the following risks:

Risks

Controls

Residual Risk

Funding is not forth coming to fully implement the projects

Advocacy Plan developed and implemented.

Medium

Delays in achieving deliverables and the realisation of outcomes identified in the MFR.

Project Delivery Team established to develop a comprehensive Risk Management Project Plan

Low

11. Conflicts of Interest

No conflicts of interest were declared during the preparation of this report.

Attachments There are no attachments for this report.

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14.2 MILDURA PLANNING SCHEME AMENDMENT C95 - DEAKIN AVENUE URBAN DESIGN GUIDELINES - RESPONSE TO SUBMISSIONS

File Number: 13/02/90 Officer: General Manager Community

1. Summary

Mildura Rural City Council has prepared Amendment C95 to the Mildura Planning

Scheme. The Amendment seeks to implement the recommendations of the Deakin Avenue Urban Design Guidelines, 2016 and one recommendation of the Mildura Planning Scheme Review, 2014. The amendment was placed on public exhibition from 10 November 2017 until 18 December 2017 over which Council received seven submissions. This report summarises and provides recommended responses to all the submissions.

2. Recommendation

That Council: (i) endorse the position to be taken in response to the submissions received

to Amendment C95 as detailed in the ‘Mildura Amendment C95 Public Exhibition Summary February 2018’ report by Ethos Urban (attached to this report); and

(ii) refer the submissions received in relation to Amendment C95 to an Independent Panel appointed by the Minister for Planning.

3. Background

Deakin Avenue is Mildura’s premier boulevard, extending from the rural surrounds of the Mildura Airport to the built up areas of the Central Business District (CBD). Over time there have been a number of influences and pressures that have resulted in uncharacteristic built form, segregation and conflict of land use activities, traffic congestion and decaying public realm. In recognition of these issues, Council commissioned the Deakin Avenue Urban Design Guidelines project to develop a clear framework that will guide future land use and built form along the Avenue. The guidelines set out a clear vision for the Avenue, established through six key themes;

Image of Mildura

Built form

Landscaping

Land use

Lighting and

Safety, access and movement. Each of these themes is supported by key objectives and design guidelines which have also been reflected throughout five precincts along the Avenue: Horticultural Edge, Residential, City Gate, Mixed Use and City Core.

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Amendment C95 is required to implement the key objectives and design guidelines identified in the Deakin Avenue Urban Design Guidelines. The amendment proposes changes to the existing design and development overlay schedules as well as minor changes to the Municipal Strategic Statement. The amendment will delete the existing Schedule 1 to the Design and Development Overlay (DDO) DDO1 and will apply a new set of DDO schedules along the length of Deakin Avenue, equating to the five precincts, and including sufficient direction for the section in the Mildura CBD. It is therefore deemed necessary that Design and Development Overlay, Schedule 3 (Mildura CBD) will cease applying to land fronting Deakin Avenue to avoid overlap and repetition in controls. Careful consideration has been given to ensure the objectives of the Mildura CBD Plan 2007, the Mildura CBD Precincts Plan at Clause 21.10-1 and the Deakin Avenue Master Plan, 2006 are still being achieved by the newly introduced DDO schedules. Additionally, the amendment seeks to modify the existing schedule of the Commercial 1 Zone (C1Z) to insert an 80sqm maximum floor space requirement for lots fronting Deakin Avenue. As a legacy of Amendment VC100, the C1Z was applied to all existing Business 5 Zone (B5Z) land fronting Deakin Avenue, subsequently increasing the number of discretionary uses. The Mildura Planning Scheme Review 2014 recommended capping of floor area for former B5Z lots fronting Deakin Avenue which will ensure that retail activity and development is not drawn away from core retail areas, whilst still allowing for fine grain and smaller format retail land uses. The amendment will ensure that future development respects and enhances the local character and provides certainty for land use and development outcomes. Furthermore it will facilitate future development and public realm improvements that reflect community values and aspirations. Amendment C95 applies to all lots with frontage onto Deakin Avenue, Mildura located between Seventh Street and the Sturt Highway.

4. Consultation Proposed/Undertaken

As required by the Planning and Environment Act 1987, the amendment was placed on public exhibition from 10 November 2017 to 18 December 2017. Any person who may be affected by the amendment was given the opportunity to provide a written submission to Council about the amendment. The amendment exhibition notice appeared in the Victorian Government Gazette (gazetted) on 16 November 2017 and was advertised by:

Advertisement in the local newspaper

Council’s website and Facebook page

Direct notification via mail out to affected land owners and occupiers (a total of 1645 letters)

Direct notification to Government Authorities and past consultation/workshop attendees (a total of 108 letters).

During public exhibition, the amendment and any documents that support the amendment were made available for inspection, free of charge, at various locations across the Municipality, this has included:

Council’s Madden Avenue and Deakin Avenue Service Centres

Mildura Library

Mildura South Post Office.

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The amendment was also made available for inspection, free of charge, at the Department of Environment, Land, Water and Planning website www.delwp.vic.gov.au/public-inspection. A combined drop-in session was held for residents to find out more about the proposed changes through Amendment C95 and Amendment C100 and to have the opportunity to speak to Council staff. The session was held on 30 November 2017, from 3.30pm-7.30pm in the Alfred Deakin Centre on Deakin Avenue. A total of nine people attended the session.

5. Discussion

At the conclusion of the public exhibition period the Council received a total of seven formal written submissions, including one late submission was received on 5 February 2018, which Council accepted and has been responded to accordingly. Feedback from submitters has been generally positive, with minimal issues that require further consideration. However, there are some clear concerns around the 80sqm maximum leasable floor space and concerns from Mildura Central Shopping Centre about the level of additional controls and restrictions that are proposed to be applied to their land. Overall, it is not recommended to alter Amendment C95 extensively. Based on the submissions received, a few small inclusions and changes are recommended to the amendment documents. However, some issues raised cannot be supported, it is therefore recommended to refer all the submissions received to an Independent Panel appointed by the Minister for Planning.

6. Time Frame

Timeline Event

October 2017 Amendment C95 Authorised

November – December 2017 Amendment C95 Exhibited

November 2017 Information Sessions

March 2018 Response to Submissions

April 2018 Directions Hearing

May 2018 Panel Hearing

7. Strategic Plan Links

This report relates to the Council and Community Plan in the Key Result Area: 2.5 Strategic Land Use Goals to be achieved:

a well-developed long-term land use vision;

safe, sustainable and healthy urban environments; and

well-protected and enhanced local character and heritage assets.

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8. Asset Management Policy/Plan Alignment There are no asset management implications associated with this report.

9. Implications Policy The amendment seeks to implement the findings of Council’s adopted strategies as follows: • Deakin Avenue Urban Design Guidelines 2016

• Mildura Planning Scheme Review Report 2014 (part) Legal/Statutory In accordance with the Planning and Environment Act 1987, if submission(s) are received seeking a change to an amendment, Council must either: agree to the change, abandon the amendment or request that an Independent Panel be appointed to review the submissions. A Panel Hearing is conducted for submitters who wish to be heard. Financial All costs associated with the preparation of the amendment and appointment of an Independent Panel are contained within Council’s operating budget. Environmental All environmental implications associated with the amendment are contained within the documentation to Amendment C95 to the Mildura Planning Scheme. Social All environmental implications associated with the amendment are contained within the documentation to Amendment C95 to the Mildura Planning Scheme. Economic All environmental implications associated with the amendment are contained within the documentation to Amendment C95 to the Mildura Planning Scheme.

10. Risk Assessment By adopting the recommendation, Council will be exposed to the following risks:

Risks

Controls

Residual Risk

Continued concern in the short term from affected landowners.

Thorough strategic assessment in line with the current Mildura Planning Scheme and the Planning and Environment Act 1987

Medium

The amendment may not be approved by the Minister for Planning

Thorough strategic assessment in line with the current Mildura Planning Scheme and the Planning and Environment Act 1987

Medium

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11. Conflicts of Interest

No conflicts of interest were declared during the preparation of this report.

Attachments 1 Attachment - Mildura Planning Scheme Amendment C95 - Deakin Avenue Urban

Design Guidelines - Ethos Urban - Response to Submissions Summary Report - 5 March 2018

2 Attachment - Mildura Planning Scheme Amendment C95 - Deakin Avenue Urban Design Guidelines - Submissions Received 10 November to 18 December 2017

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14.3 MILDURA PLANNING SCHEME AMENDMENT C100 - SIXTEENTH STREET GREENWAY - RESPONSE TO SUBMISSIONS

File Number: 13/02/95 Officer: General Manager Community

1. Summary

Mildura Rural City Council has prepared Amendment C100 to the Mildura Planning Scheme.

The amendment implements the objectives for pedestrian and cycling priority environment along Sixteenth Street as outlined in the Mildura South Strategic Framework Plan 2007, the Mildura South Precinct Structure Plan 2014 and the Mildura South (Sixteenth & Deakin West) Development Plan 2014.

The amendment also seeks to rezone one parcel of Council-owned land on Deakin Avenue from Farming Zone (FZ) to Public Park and Recreation Zone (PPRZ).

The amendment was placed on public exhibition from 10 November 2017 until 18 December 2017 during which Council received six submissions. This report summarises and provides recommended responses to all the submissions received.

No objections were received regarding the rezoning of Council land.

The purpose of this report therefore is to

Recommend that Council divide Amendment C100 into two parts

Recommend that Council adopt that part of the amendment pertaining to the Council land as exhibited, with a minor adjustment to the land included, to be known as Amendment C100 Part 1

Recommend responses to apply to the remainder of the Amendment to be known as Amendment C100 Part 2.

2. Recommendation

That Council:

(i) having examined all submissions received regarding Amendment C100, notes that no objecting submissions were received for the Council land part of the amendment;

(ii) splits Amendment C100 into two parts being:

C100, Pt 1, comprising the inclusion in the Public Park & Recreation Zone (PPRZ) of land described as Lot1/TP108783 (as exhibited) and Lot1/LP92247 (Council land Deakin Avenue); and

C100, Pt 2, comprising the remainder of Amendment C100 (DDO 14 Sixteenth Street);

(iii) adopts Amendment C100, Pt 1, as exhibited and with the inclusion of Lot 1/LP92247 and submits the amendment documentation when finalised to the Minister for Planning requesting approval; and

(iv) endorse the position to be taken in response to all submissions received pertaining to Amendment C100, Pt 2, as detailed in the Response to Submissions Table 6 February 2018 by Hansen Partnership (attached to this report); and

(v) refer the submissions received in relation to Amendment C100 – Part 2 to an Independent Panel appointed by the Minister for Planning.

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3. Background

Numerous planning documents (referenced in the Mildura Planning Scheme) confirm a strategic vision for the creation of a greenway along Sixteenth Street. The greenway is to form a high quality landscape corridor which will facilitate and encourage walking and cycling, reducing an overall reliance on the motor car and increasing social interactions between residents of this new growth area. Amendment C100 proposes to introduce a new Design and Development Overlay (DDO) Schedule (DDO14) to make certain that there is a permit trigger for development that will ensure it visually addresses the Sixteenth Street Greenway and to prevent the establishment of vehicle crossovers along this frontage; in order to facilitate a protected bicycle path in the Greenway corridor. It will further provide Council with a clear set of design requirements to facilitate assessment of planning applications in this area. The amendment as such will bring about community and Council’s expectations and achieve best practice planning after years of studies for the area prepared alongside and with the community. The exhibited amendment further proposes the rezoning of Council owned land into Public Park and Recreation Zone (PPRZ) along Deakin Avenue. This rezoning will provide certainty and will facilitate the envisaged future of the land as a recreation reserve.

4. Consultation Proposed/Undertaken

As required by the Planning and Environment Act 1987, the amendment was placed on public exhibition from 10 November 2017 to 18 December 2017. Any person who may be affected by the amendment was given the opportunity to provide a written submission to Council about the amendment. The amendment exhibition notice was placed in the Victorian Government Gazette (gazetted) on 16 November 2017 and was advertised by:

Advertisement in the local newspaper

Council’s website and Facebook page

Direct notification via mail out to affected land owners and occupiers (a total of 160 letters)

Direct notification to Government Authorities and past consultation/workshop attendees (a total of 98 letters).

During public exhibition, the amendment and any documents that support the amendment were available for inspection free of charge at various locations across the municipality, this has included:

Council’s Madden Avenue and Deakin Avenue Service Centres

Mildura Library

Mildura South Post Office. The amendment was also available for inspection free of charge at the Department of Environment, Land, Water and Planning website www.delwp.vic.gov.au/public-inspection.

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A combined drop-in session was held for residents to find out more about the proposed changes through Amendment C100 and Amendment C95 and to have the opportunity to speak to Council staff. The session was held on 30 November 2017, from 3.30pm-7.30pm in the Alfred Deakin Centre on Deakin Avenue. A total of nine people attended the session.

5. Discussion

At the conclusion of the public exhibition period Council received a total of six formal written submissions including one objection. The submissions received relate only to part of the amendment which proposes the application of Schedule 14 to the Design and Development Overlay DDO14 to a stretch of Sixteenth Street. All submissions to the amendment were accepted by Council and are responded to accordingly as outlined in the Response to Submissions Table 6 February 2018 by Hansen Partnership (attached to this report). Feedback from five submitters has been generally positive with no issues that require further consideration. The issues raised in the only objection cannot however, be supported. It is therefore recommended, to divide the amendment into two parts to expedite the approval of Part 1 of the amendment which proposes the inclusion of Council owned land in the Public Park and Recreation Zone (PPRZ) along Deakin Avenue. Part 1 of the amendment has not received any submissions and therefore is recommended to be adopted by Council and subsequently forwarded to the Minister for Planning for final approval. It is also recommended Part 1 of the Amendment includes the rezoning to PPRZ of an additional small parcel of land recently acquired by Council and located between the subject land and the existing Council-owned PPRZ land on Deakin Avenue. While this land was not exhibited it is considered a minor adjustment which aligns with the same strategic basis in the Mildura Planning Scheme as the exhibited parcel. In accordance with this, it is considered that there are no other persons materially affected by the proposed rezoning and it can therefore be included on that basis. It is the further recommendation to refer all the submissions received for Part 2 being the remainder of the amendment to an Independent Panel appointed by the Minister for Planning.

6. Time Frame

Timeline Event

October 2017 Amendment C100 Authorised

November – December 2017 Amendment C100 Exhibited

November 2017 Information Sessions

March 2018 Response to Submissions

April 2018 Forward C100 Pt, 1 to Minister for Approval

April 2018 Directions Hearing

May 2018 Panel Hearing

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7. Strategic Plan Links

This report relates to the Community and Council Plan in the Key Result Area: 2.5 Strategic Land Use Goals to be achieved:

a well-developed long-term land use vision;

safe, sustainable and healthy urban environments; and

well-protected and enhanced local character and heritage assets.

8. Asset Management Policy/Plan Alignment

There are no asset management implications associated with this report.

9. Implications

Policy The amendment seeks to implement the findings of a number of Council’s adopted strategies, to ensure that objectives within those documents for pedestrian and cycling priority environment along Sixteenth Street is achieved, including:

Mildura South Strategic Framework Plan, 2007

Mildura South Precinct Structure Plan, 2014

Mildura South (Sixteenth & Deakin West) Development Plan, 2014. Legal/Statutory In accordance with the Planning and Environment Act 1987, if submission(s) are received seeking a change to an amendment, Council must either: agree to the change, abandon the amendment, or request that an Independent Panel be appointed to review the submissions. A panel hearing is conducted for submitters who wish to be heard. If no submissions seek to change an amendment or if Council agrees to the changes, Council may adopt the amendment as exhibited, or with modifications, or in part with or without changes and forward to the Minister for Approval. Financial All costs associated with the preparation of the amendment and appointment of an independent panel are contained within Council’s operating budget. Environmental All environmental implications associated with the amendment are contained within the documentation for Amendment C100 to the Mildura Planning Scheme. Social All environmental implications associated with the amendment are contained within the documentation to Amendment C100 to the Mildura Planning Scheme. Economic All environmental implications associated with the amendment are contained within the documentation to Amendment C100 to the Mildura Planning Scheme.

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10. Risk Assessment By adopting the recommendation, Council will be exposed to the following risks:

Risks

Controls

Residual Risk

Concern in the short term from affected landowners.

Thorough strategic assessment in line with the current Mildura Planning Scheme and the Planning and Environment Act 1987

Medium

The amendment may not be approved by the Minister for Planning

Thorough strategic assessment in line with the current Mildura Planning Scheme and the Planning and Environment Act 1987

Medium

The Minister may require additional notification for the modified amendment C100 Pt2

Thorough strategic assessment in line with the current Mildura Planning Scheme and the Planning and Environment Act 1987

Medium

11. Conflicts of Interest

No conflicts of interest were declared during the preparation of this report.

Attachments 1 Attachment - Mildura Planning Scheme Amendment C100 - Sixteenth Street Greenway -

Submissions Received 10 November to 18 December 2017

2 Attachment - Mildura Planning Scheme Amendment C100 - Sixteenth Street Greenway - Hansen Partnership - Response to Submissions Table - 6 February 2018

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14.4 AUDIT COMMITTEE MEETING 4/2017-2018 - MINUTES - SUMMARY - 8 FEBRUARY 2018

File Number: 02/02/08 Officer: General Manager Corporate

1. Summary

The Audit Committee Charter requires a summary of the minutes of Audit Committee meetings to be presented to Council for noting. The confidential minutes of Audit Committee Meeting 4/2017-2018, which include the key outcomes and recommendations of the meeting, have been distributed to councillors under separate cover.

2. Recommendation

That Council note the confidential minutes of Audit Committee Meeting 4/2017-2018 held on 8 February 2018.

3. Background

The Audit Committee is an advisory committee to Council whose role is to oversee and monitor the effectiveness of Council in carrying out its responsibilities for accountable financial management, good corporate governance, and fostering an ethical environment. The Audit Committee consists of three independent members:

Ms Karen Hensgen (Chair)

Mr Frank Piscioneri

Mr Paul Grigg

and two councillors:

Mayor Cr Mark Eckel

Deputy Mayor Cr Ali Cupper The Audit Committee meets bi-monthly in accordance with the Audit Committee Charter. Special meetings are also convened as required.

4. Consultation Proposed/Undertaken

There are no consultation implications associated with this report.

5. Discussion

At Audit Committee Meeting 4/2017-2018, the Committee:

Reviewed and noted the Local Government Performance Reporting Framework – Six-month Report 2017-2018.

To complement the Committee’s review of the report, the General Manager Corporate delivered a presentation to the Committee providing examples of comparisons between Mildura Rural City Council and similar councils for various types of data published on the ‘Know Your Council’ website.

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Was briefed by the Governance & Risk Coordinator on the key highlights of the Risk Management Report for December 2017 quarter.

Received a presentation from the Manager Asset Services and the Building & Inspections Team Leader on the management of the essential safety measures inspections and reporting regime in Council buildings.

Commencing in 2019, a quarterly report on essential safety measures inspections undertaken in Council buildings will be presented to the Audit Committee.

Reviewed the Quarterly Financial Management Report – December 2017, noting advice from the Manager Financial Services that for the December 2017 quarter, the financial result was around $4.6 million ahead of budget.

Commencing in May 2018, the Quarterly Budget Review will be presented to Audit Committee meetings as a standing item for information and explanation of any variances.

Noted the status of outstanding actions, as documented in the Final Management Letter 2016-2017 - Progress Report.

The Committee also noted that the Manager Financial Services would be discussing in a teleconference with the Auditor-General’s agent, in February 2018, the implications from the Auditor-General’s perspective of Mildura Rural City Council closing off its accounts in May 2018, rather than July 2018, to allow additional time for the work required to commence preparation of the annual financial statements to be undertaken.

Received an update from the CEO on major projects and other matters of interest.

Received an update from the General Manager Corporate on operational matters.

Noted the status of service reviews, as detailed in the Sustainability Reviews Update Bulletin presented to the meeting.

At the request of the Audit Committee, the summary table in the Sustainability Reviews Update Bulletin will be expanded to include the completion date for each review and to highlight any completed reviews that have been identified for re-review. In addition, a one-page fact sheet summarising the outcomes of each completed review will accompany future bulletins.

Received a progress report from the internal auditor on the delivery of internal audit projects for 2016-2017 and 2017-2018.

Discussed and noted the findings and recommendations adopted by Management, as detailed in the final reports from BDO on the:

o Review of Safety Procedures Surrounding Reserves, Playgrounds and Trees

– Final Report – September 2017

o Human Resources Review – October 2017.

Discussed and noted the status of Management actions in the Internal Audit Tracking Register.

Reviewed and recommended to Council for noting the Audit Committee Chairperson’s Annual Report to Council for the 2017 calendar year.

6. Time Frame

There are no timeframe implications associated with this report.

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7. Strategic Plan Links

This report relates to the Community and Council Plan in the Key Result Area: 4.5 Organisational Management Goal to be achieved:

effectively manage risk.

8. Asset Management Policy/Plan Alignment

There are no asset management implications associated with this report.

9. Implications

Policy This report complies with the Audit Committee Charter. Legal/Statutory There are no legal/statutory implications associated with this report. Financial There are no financial implications associated with this report. Environmental There are no environmental implications associated with this report. Social There are no social implications associated with this report. Economic There are no economic implications associated with this report.

10. Risk Assessment

By adopting the recommendation, Council will not be exposed to any significant risks.

11. Conflicts of Interest

No conflicts of interest were declared during the preparation of this report.

Attachments There are no attachments for this report.

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14.5 ADOPTION OF S11A INSTRUMENT OF APPOINTMENT AND

AUTHORISATION

File Number: 18/02/05 Officer: General Manager Corporate

1. Summary

The Planning and Environment Act 1987 requires Council to appoint authorised officers by way of a S11A Instrument of Appointment and Authorisation. This report seeks Councils adoption of a new S11A Instrument. This instrument also allows the officer to commence legal proceedings in Councils name.

2. Recommendation

That Council adopt the S11A Instrument of Appointment and Authorisation document as presented for the Daniel Gebert.

3. Background

The Planning and Environment Act 1987 was previously included in the S11 Instrument of Appointment which is delegated from the Chief Executive Officer to staff. Council’s solicitors have advised that these should be an individual instrument adopted by the Council.

4. Consultation Proposed/Undertaken

Consultation has been undertaken with Senior Management in the development of this instrument of delegation.

5. Discussion

Council’s solicitor, Maddocks has provided Council with an S11A Instrument of Appointment and Authorisation document which requires Council to appoint officers by resolution, to be an authorised officer under the Planning and Environment Act 1987 and also to be an authorised officer to commence proceedings in Council’s name. Adoption of the S11A Instrument of Appointment and Authorisation allows Council officers to conduct their normal business in relation to the Planning and Environment Act 1987 and act in Council’s name.

6. Time Frame

If adopted by Council the documents would come into force once the Common Seal is affixed.

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7. Strategic Plan Links

This report relates to the Community and Council Plan in the Key Result Area: 4.1 Leadership and Representation Goal to be achieved:

deliver results in line with community expectations.

8. Asset Management Policy/Plan Alignment

There are no asset management implications associated with this report.

9. Implications

Policy There are no policy implications associated with this report. Legal/Statutory This report aligns with Section 98 of the Local Government Act 1989. Financial There are no financial implications associated with this report. Environmental There are no environmental implications associated with this report. Social There are no social implications associated with this report. Economic There are no economic implications associated with this report.

10. Risk Assessment

By adopting the recommendation Council will not be exposed to any risks.

11. Conflicts of Interest

No conflicts of interest were declared during the preparation of this report.

Attachments 1 S11A Instrument of Appointment and Authorisation - Daniel Gebert

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15 URGENT BUSINESS

Nil

16 PUBLIC QUESTIONS

CONFIDENTIAL BUSINESS

Pursuant to Section 89(2) of the Local Government Act 1989, Council will resolve to move into confidential business to deal with:

17 CONFIDENTIAL REPORTS

17.1 SECTION 89(2)(D) - (CONTRACTUAL MATTERS)

● TENDER AWARD – SUPPLY AND SERVICING OF TYRES – CONTRACT 1718/31

17.2 SECTION 89(2)(D) - (CONTRACTUAL MATTERS)

● TENDER AWARD – SUPPLY OF LANDSCAPING SUPPLIES – CONTRACT 1718/18

18 CLOSURE