Transcript
Page 1: AGENDA Ordinary Meeting of Council...PAGE 1 AGENDA Ordinary Meeting of Council 6.00pm Wednesday 21 September 2016 *** Broadcast live on Phoenix FM 106.7 *** Question time at the formal

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AGENDA

Ordinary Meeting of Council

6.00pm Wednesday 21 September 2016

*** Broadcast live on Phoenix FM 106.7 ***

Question time at the formal Council Meeting will be limited to written questions received before 12 noon on the day of the meeting. The questions will be read by a Council representative and answered by the Mayor. There will not be an opportunity for questions to be asked from the

floor.

VENUE:

Reception Room,

Bendigo Town Hall,

Hargreaves Street, Bendigo

NEXT MEETING:

Wednesday 12 October 2016

Bendigo Town Hall

Copies of the City of Greater Bendigo Council’s Agendas & Minutes

can be obtained online at www.bendigo.vic.gov.au

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This Council Meeting is conducted in accordance with Local Law No. 8. It is an offence for any person to engage in improper or

disorderly conduct at the meeting.

Council Vision

Greater Bendigo - Working together to be Australia's most liveable regional city.

Council Values Council wants the community to continue to have reason to be proud of the city and will do this through:

Transparency - Information about Council decisions is readily available and easily understood;

Efficiency and effectiveness - Council provides services based on evidence of need and demonstrates continuous improvement in the delivery of services;

Inclusion and consultation - Council uses a range of engagement strategies to ensure community members can understand and take part in discussion that informs the development of new strategies and actions;

Clear decisive and consistent planning - In a rapidly growing municipality, Council undertakes to plan effectively for our long-term future;

Respect for community priorities and needs - Council will advocate for improved services for community members and will consider community impact and feedback the decisions it makes.

Themes 1. Planning for Growth

2. Presentation and Vibrancy

3. Productivity

4. Sustainability

5. Leadership and Good Governance

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ORDINARY MEETING WEDNESDAY 21 SEPTEMBER 2016

ORDER OF BUSINESS:

ITEM PRECIS PAGE

ACKNOWLEDGEMENT OF COUNTRY 5

PRAYER 5

PRESENT 5

APOLOGIES 5

SUSPENSION OF STANDING ORDERS 5

PUBLIC QUESTION TIME 5

RESUMPTION OF STANDING ORDERS 6

CR LYONS' REPORT 6

DECLARATIONS OF CONFLICT OF INTEREST 7

CONFIRMATION OF MINUTES 8

1. PETITIONS AND JOINT LETTERS 9

2. PLANNING FOR GROWTH 10

2.1 195 Queen Street, Bendigo - Partial Demolition and First

Floor Extension to Existing Dwelling

10

2.2 62-104 Charleston Road, East Bendigo - Development of

Telecommunications Facility (30 Metre Pole and

Equipment Shelter in Fenced Compound)

22

3. PRESENTATION AND VIBRANCY 36

3.1 2016 2017 Community Grants Program Round 1 36

4. PRODUCTIVITY 48

5. SUSTAINABILITY 48

6. LEADERSHIP AND GOOD GOVERNANCE 49

6.1 Financial Statements nd Performance Statement for the

Financial Year 2015/2016

49

6.2 Appointment of Independent Member of the Audit 53

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Committee

6.3 Record of Assemblies 55

6.4 Contracts Awarded Under Delegation 61

7. URGENT BUSINESS 62

8. NOTICES OF MOTION 62

9. COUNCILLORS' REPORTS 62

10. MAYOR'S REPORT 62

11. CHIEF EXECUTIVE OFFICER'S REPORT 62

12. CONFIDENTIAL (SECTION 89) REPORTS 62

____________________________

CRAIG NIEMANN CHIEF EXECUTIVE OFFICER

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ACKNOWLEDGEMENT OF COUNTRY

PRAYER

PRESENT

APOLOGIES

SUSPENSION OF STANDING ORDERS

That Standing Orders be suspended to allow the conduct of Public Question Time.

PUBLIC QUESTION TIME

Public Question Time Guidelines Public Question Time – Purpose Council has provided the opportunity for members of the public to lodge written questions of broad interest to Council and the community. Matters relating to routine Council works should be taken up with Council’s Customer Service Officers through its Customer Request System. Question time will be limited to written questions received before 12 noon on the day of the meeting. The questions will be read by a Council representative and answered by the Mayor. No questions relating to planning matters on the Agenda will be accepted. By the time planning matters have reached the council agenda, they have been through an extensive process as required by the Planning and Environment Act. In addition, in most instances mediation has been held between the parties involved. Throughout the process there are many opportunities for people to ask questions. Public Question Time – Where, When And Who The public question time is held at every Ordinary Meeting of Greater Bendigo City Council. Meetings of Council commence at 6.00pm in the Reception Room, Bendigo Town Hall, Hargreaves Street, Bendigo. The public question time is held at the start of the meeting as close as practical to 6:00pm. A maximum of 30 minutes has been provided for registered written questions.

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Acceptance of Questions Council’s Meeting Procedure Local Law does not allow for other questions or comments during the remainder of the meeting. 1. An individual may only lodge one question per meeting. 2. In the event that the same or similar written question is raised by more than one

person, an answer may be given as a combined response. 3. In the event that time does not permit all written questions registered to be

answered, questions will be answered in writing or referred to the next meeting if appropriate.

4. The Mayor and or CEO have the right to decline registration on basis of:

Legal proceedings;

More appropriately addressed by other means;

Vague or lacking in substance, irrelevant, frivolous, insulting offensive, improper, defamatory or demeaning;

Answer likely to compromise his / her position;

Confidential, commercial-in-confidence. 5. Each individual whose written question has been accepted or declined will be

advised by early afternoon on the day of the scheduled meeting. 6. In the event of a written question being declined the question will be circulated to

the Council for information.

RESUMPTION OF STANDING ORDERS

That Standing Orders be resumed.

CR LYONS' REPORT

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DECLARATIONS OF CONFLICT OF INTEREST

Pursuant to Sections 77, 78 and 79 of the Local Government Act 1989 (as amended) direct and indirect conflict of interest must be declared prior to debate on specific items within the agenda; or in writing to the Chief Executive Officer before the meeting. Declaration of indirect interests must also include the classification of the interest (in circumstances where a Councillor has made a Declaration in writing, the classification of the interest must still be declared at the meeting), i.e. (a) direct financial interest (b) indirect interest by close association (c) indirect interest that is an indirect financial interest (d) indirect interest because of conflicting duties (e) indirect interest because of receipt of an applicable gift (f) indirect interest as a consequence of becoming an interested party (g) indirect interest as a result of impact on residential amenity (h) conflicting personal interest A Councillor who has declared a conflict of interest, must leave the meeting and remain outside the room while the matter is being considered, or any vote is taken. Councillors are also encouraged to declare circumstances where there may be a perceived conflict of interest.

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CONFIRMATION OF MINUTES

Minutes of the Ordinary Meeting of Wednesday 31 August 2016. The following items were considered at the Ordinary Council meeting held on Wednesday 31 August 2016 at 6:00pm.

Planning Scheme Amendment C229 - Proposed Interim Heritage Controls for Epsom Primary School, 31 Howard Street, Epsom

41 Gladstone Street, Quarry Hill - Demolish Outbuilding, Subdivide Land into 2 Lots and Construction of a Two Storey Dwelling

Greater Bendigo Housing Strategy

CT000277 - Bendigo Tennis Centre Redevelopment

CT000280 - Management of Aquatic and Leisure Facilities

Greater Bendigo Public Space Plan

Awarding of Contract No: CT000274 for Garden for the Future - Bendigo Botanic Gardens

Rural Communities Strategy

Final Cultural Diversity and Inclusion Plan (CDIP)

Home and Community Care - Food Services Feasibility Study

Home and Community Care - Property Maintenance Feasibility Study

Awarding of Contract No: CT000278 for Resealing of Various Roads

Adoption of Greater Bendigo Environment Strategy 2016-2021

Record of Assemblies

Notice of Motion: Memorial for the Late Daryl McClure

Confidential Section 89 Report and Attachments x 2 The unconfirmed minutes have also been posted on the City of Greater Bendigo website pending confirmation at this meeting. RECOMMENDATION That the Minutes of the Ordinary Meeting of Council held on Wednesday 31 August 2016 as circulated, be taken as read and confirmed.

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1. PETITIONS AND JOINT LETTERS

Nil.

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2. PLANNING FOR GROWTH

2.1 195 QUEEN STREET, BENDIGO 3550 - PARTIAL DEMOLITION AND FIRST FLOOR EXTENSION TO EXISTING DWELLING

Document Information

Author Chris Duckett, Planning Coordinator Responsible Prue Mansfield, Director Planning & Development Director

Summary/Purpose

Application details: Partial demolition and first floor extension to existing dwelling

Application No: DR/902/2015

Applicant: M Barri and K Barri

Land: 195 Queen Street, BENDIGO

Zoning: General Residential Zone

Overlays: Neighbourhood Character Overlay 1

No. of objections: 4

Consultation meeting:

6 May 2016

Key considerations: The impact of the development on the streetscape and neighbourhood character

Amenity impacts on adjoining properties.

Conclusion: The application does not comply with the planning scheme as it proposes an extension which is an unsympathetic addition to an existing dwelling which would result in a detrimental impact on neighbourhood character. It is recommended that Council issue of Notice of Decision to refuse to grant a planning permit as the proposal does not respect neighbourhood character.

Policy Context

City of Greater Bendigo Council Plan 2013 – 2017 (2016-2017 Update)

Planning for Growth

Planning ensures residents have access to diverse, affordable and sustainable housing choices.

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Presentation & Vibrancy

Greater Bendigo is a community that values its heritage, arts facilities and major events and supports arts and cultural experiences.

Productivity

Greater Bendigo has a vibrant and diverse economy that grows jobs and enables good living standards.

Sustainability

The built and natural qualities that make Greater Bendigo an attractive and appealing place are valued and conserved.

Background Information

This is an application which has been the subject of various revisions and discussions with the applicant and objectors in order to try to reach an acceptable outcome to all parties. However, alternative options do not meet the applicant’s requirements and they have asked for the plans to be determined in their current form.

Report

Subject site and surrounds

The subject site comprises a rectangular block with an area of 551 square metres. The site is relatively flat. Located on the site is a single storey Victorian era weatherboard dwelling which Council records indicate was constructed circa 1905. The surrounding land uses are all residential and mostly comprise single storey dwellings with Victorian weatherboard being a common building typology interspersed with some more modern dwellings.

Figure 1: Location map showing subject site. Objectors’ properties marked with a star.

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Proposal

The proposal is to extend the existing dwelling by constructing a two storey extension. The extension would be 10.8m wide with a maximum depth of 9.2m. The height of the extended building would be 8m. There would need to be a partial demolition of part of the roof of the existing dwelling in order to construct the extension. The extension would comprise 3 bedrooms, a study, bathroom and a front balcony and it would be finished in weatherboards.

Figure 2: Proposed site plan

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Figure 3: Proposed ground floor plan

Figure 4: Proposed first floor plan

Figure 5: Proposed streetscape/front elevation

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Figure 6: Proposed side and rear elevations

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Figure 7: 3D images

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Figure 8: Photos of host dwelling

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Planning Controls - Greater Bendigo Planning Scheme

The following clauses are relevant in the consideration of this proposal: State Planning Policy Framework

Clause 15 Built Environment and Heritage Local Planning Policies

Clause 22.11 Central Bendigo Residential Character Policy

Other Provisions

Clause 32.08 General Residential Zone

Clause 43.05 Neighbourhood Character Overlay

Clause 54 One dwelling on a lot A planning permit is required for the extension due to the site’s location in a Neighbourhood Character Overlay.

Consultation/Communication

Public Notification The application was advertised by way of notice on the site and letters to adjoining and nearby owners and occupiers. As a result of advertising, 4 objections were received, with the grounds of objection being:

Overshadowing

Loss of privacy

Potential overdevelopment

Character of the street

Visual bulk

Noise

Loss of vegetation

Parking and increased traffic

Impact on property values

The objections are discussed below.

Planning Assessment

Is the proposed design an acceptable response to the neighbourhood character of the area?

The site is affected by Neighbourhood Character Overlay Schedule 1 (Bendigo Early Settlement Residential Character). The overlay includes a purpose of ensuring that development respects neighbourhood character.

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The neighbourhood character objectives in the schedule include the need to ensure new buildings reflect the preferred character of the surrounding area and meeting the objectives and design guidelines of the City’s character policies. In this regard clause 22.11 Central Bendigo Residential Character (Precinct 4) Policy is of relevance. The principal objectives of the policy are ensuring that development is responsive to the desired future character of the area in which it is located and to retain and enhance the identified elements that contribute to its character. The statement of desired future character is that the heritage qualities and intimate, pedestrian-friendly feel of streetscapes will be maintained and strengthened. The policy sets out how the desired future character is to be achieved by the following relevant objectives and design responses.

Objectives Response

To retain buildings that contribute to the valued character of the area.

Retain and restore wherever possible, intact Victorian, Edwardian, Federation and Inter-war era dwellings. Alterations and extensions should be appropriate to the building era.

Comment: The demolition would include part of the original roof which is not appropriate. Furthermore the bulk and height of the extension is not appropriate to the era of the dwelling.

To respect the identified heritage qualities of the streetscape or adjoining buildings.

Where the streetscape contains identified heritage buildings, reflect the dominant building forms in the street, including roof forms, in the new building design.

Comment: The site is not in a heritage overlay although many of the dwellings in the street share characteristics of the sort of dwellings in heritage streetscapes. The design, bulk, height and roof form of the proposed extension would detract from the streetscape.

To ensure that buildings and extensions do not dominate the streetscape.

Respect the predominant building height in the street and nearby properties. Where there is a predominance of single storey, the height of the dwelling at the front of the dwelling should match the typical single storey wall height.

Comment: Whilst the extension will be set back from the street it could not be said the design respects the predominant building height in Queen Street.

Due to the height of the extension it would also be visible from King Street but the impact is likely to be acceptable in that streetscape.

To use building materials and finishes that complement the dominant pattern within the streetscape.

In streetscapes where weatherboard predominates, use timber or other non-masonry cladding materials where

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possible, and render, bag or paint brick surfaces.

Comment: There are no concerns with the proposed materials and finishes.

The main issue with this proposal is the height and bulk of the extension and the impact that it would have on the streetscape. Designing first floor extensions which are compatible with Victorian weatherboard cottages is often a challenging proposition due to the importance of preserving the integrity of the host dwellings and the surrounding streetscape. In this instance a more acceptable design would be to retain the original roof form and reduce the bulk and height of the extension in order that the extension is more in scale with the host dwelling rather than a dominant addition. In discussions with the applicant, officers provided guidance and advice as to what might be acceptable in terms of a two storey extension. However when plans were drawn it was apparent that there were still major issues in terms of the bulk and height when viewed from Queen Street. As part of the negotiations the applicant’s representative referenced a two storey addition to a Victorian weatherboard in an inner-city context at 92 Hargreaves Street. Plans of this property are shown below.

Figure 9: 92 Hargreaves Street

Officers agree that the design is a good example an example of a successful two storey addition to a Victorian weatherboard in an inner-city context. In comparison with the proposal under consideration it is a more sympathetic addition to the streetscape as the height is 1.5m lower than the proposal and the original roof form of the dwelling is retained. The applicant was encouraged to explore alternative designs with less bulk and height but has been unable to come up with a suitable design which both meets planning scheme requirements and their own needs. Officers agree with local residents that this proposal is an overdevelopment of the site which will create unacceptable visual bulk in the streetscape. Would the proposed extension result in any impact on residential amenity? The proposal has been assessed against ResCode (Clause 54) objectives and found to be in compliance with all the relevant amenity standards and objectives.

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Local residents have concerns about overshadowing and loss of privacy but as the proposal complies with the relevant standards this is not a ground that could be substantiated. Concerns about noise from the building and balcony have also been raised. However in an urban environment it must be accepted that a degree of noise is inevitable. As long as the noise levels are within EPA Residential Noise Regulations then this is reasonable outcome. Vegetation

One of the residents is concerned that the extension would impact on the health of a tree in their garden through overshadowing. The tree in question would be largely unimpeded to the due north aspect. There is no evidence that any north-western overshadowing that may occur in the afternoon would adversely impact on the health of the tree. Parking

Residents have concerns about how a larger dwelling could result in more parking problems. The applicant is intending to use the extended house for a family home so at least in the short-term it is difficult to see what the concern is. Moreover there is no requirement to provide additional parking for extensions to dwellings. Loss of property value

There is established case law which holds that a proposed decrease in property value is an irrelevant consideration. A long standing position held by VCAT is that other than in exceptional cases, and where clear evidence can be presented, loss in property value will not be entertained as a ground of objection.

Conclusion

There may be scope for a sensitively designed first floor extension to this dwelling. However the design in its current form would have an adverse impact on neighbourhood character and is not supported.

Options

Council, acting as the responsible authority for administering the Planning Scheme, may resolve to: grant a permit, grant a permit with conditions, or refuse to grant a permit.

Attachments

Objections

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RECOMMENDATION

Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to Refuse to Grant a Permit for partial demolition and first floor extension to the existing dwelling at 195 Queen Street, BENDIGO for the following reason: 1. The design of the proposed extension does not respect neighbourhood character due

to the height, bulk and dominance in the streetscape contrary to the objectives of the following clauses of the City of Greater Bendigo Planning Scheme:

22.11 Central Bendigo Residential Character Policy

43.05 Neighbourhood Character Overlay

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2.2 62-104 CHARLESTON ROAD, EAST BENDIGO 3550 - DEVELOPMENT OF TELECOMMUNICATIONS FACILITY (30 METRE POLE AND EQUIPMENT SHELTER IN FENCED COMPOUND)

Document Information

Author Peter O'Brien, Senior Planner Responsible Prue Mansfield, Director Planning & Development Director

Summary/Purpose

Application details: Development of a telecommunications facility (35 metre pole and equipment shelter in fenced compound).

Application No: DP/1040/2013

Applicant: Telstra Corporation Limited

Land: 62-104 Charleston Road, EAST BENDIGO

Zoning: Public Use Zone 2 - Education

Overlays: Nil

No. of objections: Three objections and one letter of support. One of the objections attached a petition containing 30 names of residents located between Lansell Street and McIvor Road opposing the application.

Consultation meetings:

22 May 2014 and 27 June 2014.

Key considerations: Compliance with State and Local Policy, the Zone, A Code of Practice for Telecommunications Facilities in Victoria 2004; mitigation of potential impacts of the Bendigo Airport and aircraft safety; and objector concerns.

Conclusion: Assessment of the proposal against key considerations listed above concludes that the facility represents an acceptable planning outcome. This report recommends that Council resolve to issue a Notice of Decision to Grant a Permit, subject to conditions.

Policy Context

City of Greater Bendigo Council Plan 2013 – 2017 (2016-2017 Update)

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Planning for Growth

Planning ensures residents have access to diverse, affordable and sustainable housing choices.

Presentation & Vibrancy

Greater Bendigo is a community that values its heritage, arts facilities and major events and supports arts and cultural experiences.

Productivity

Greater Bendigo has a vibrant and diverse economy that grows jobs and enables good living standards.

Sustainability

The built and natural qualities that make Greater Bendigo an attractive and appealing place are valued and conserved.

Background Information

In October 2013, prior to lodging the application the proponent undertook consultation on the proposal. The consultation involved circulation of a letter to surrounding occupied property and to staff of the Bendigo TAFE Charleston Road Campus. The letter provided information about the proposal and an opportunity to provide comment and feedback. Seven responses were received, one supportive, five not supportive and one neutral. Following this consultation, the permit application was received by the City on 23 December 2013 and advertised in early 2014. Two consultation meeting occurred in 2014. The application was initially listed to be determined at the 3 December 2014 Ordinary Meeting of Council. The application was deferred at the request of the permit applicant to allow time for them to investigate alternate siting for the tower, as a result of the Bendigo TAFE master planning for the site; and to address the objection of the owner of the adjoining Lansell Crest site at 39-51 Lansell Street, East Bendigo. The investigation took a substantial period of time and the formal amendment of the application proposing the alternate siting occurred in August 2016. The application was publically re-advertised at this time. The applicant notes there is a degree of urgency in having the application determined advising:

“Telstra would also like to highlight to Council the increased priority of the installation of this site and integration into Telstra’s network. Telstra will be closing down GSM by 1st December 2016. Telstra’s current site in this region, Bendigo Radio Terminal, 12 Pethard Place, Bendigo, has been off loading traffic with respect to surrounding sites. This means that the GSM network has been supporting the 3G & 4G networks. Without the 2G /GSM network in operation, Kennington North will experience a noticeable decrease in coverage and capacity, causing a black spot in the area. Hence with the closure of GSM at end of the year, Telstra need to ensure coverage is maintained and additional capacity is provided to the area. This will primarily be provided by the proposed site at Bendigo TAFE” (Addendum submission dated 3 August 2016).

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Report

Subject Site and Surrounds

The application site is an irregular shaped lot of 8.63 hectares which has extensive frontage to Charleston Road, Lansell and Lloyd Streets. The site contains a campus of Bendigo TAFE and was, until the 1990s, the site of Bendigo sale yards which has since relocated to Huntly.

Figure 1: Location map showing subject site. Objector properties are marked with stars (one objector property is not shown owing to their location in relation to the application site.

Adjoining land uses include the Bendigo East Pool, Progress Association Hall and Bowls Club. To the east at 39-51 Lansell Street is the site of former abattoirs which were later used as a VicRoads depot. In 2006 the site was rezoned to Residential 1 (now known as the General Residential Zone) with the current Development Plan Overlay applying to the site limiting the number of permitted dwellings to a maximum of 65. Council resolved to request the Minister authorize the exhibition of amendment C220 at its 29 June 2016 Ordinary Meeting. This amendment proposes to allow the site to be developed for approximately 100 dwellings. Adjacent properties in Charleston Road are within the Industrial 1 Zone with a range of activities occurring. All other adjacent land is residentially zoned and generally developed with dwellings. The closest existing dwelling to the proposed facility is in Lloyd Street and is approximately 170 metres from the facility. The application site rises from the Charleston Road frontage of the site (relative level of 222.5 metres) to the rear of the site, which is at relative level 235 metres. The rising nature of the land continues to the east to Murphy Street and beyond.

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Proposal The application proposes the construction of a 30 metre high pole (concrete); equipment shelter (colorbond) and a 2.4 metre high chainmesh fenced compound of 6 x 10 metres with an access gate. The facility is proposed to be located 130 metres west of the initial proposed location. The initial proposed location was on the boundary shared with the Lansell Crest site at 39-51 Lansell Street, East Bendigo.

Figure 2: Location plan showing original and amended location of proposed facility.

Site Selection Process Being in an urban part of Bendigo, a number of potential co-location opportunities were identified by Telstra and their consultant team. There are in fact eleven existing telecommunications sites (consisting of three towers and seven facilities on building roof tops) and many public utilities (light poles and high voltage towers for example) within a three kilometre radius of the application site which were evaluated. This evaluation resulted in the conclusion that none of the existing facilities or building rooftops was suitable (options which would not have required planning approval) and that a new facility was required. Having explored, and been unable to locate a suitable co-location site, three alternative sites for a new tower was considered prior to the applicant making their application on the subject site. The alternative sites; and why they were not chosen are as follows:

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145 Charleston Road, East Bendigo (Oz Cranes and Rigging – zoned Industrial 1). The applicant advises that this site would have required a taller pole (40 metres) that would not produce an optimal technical result and would be closer to residences (less than 60 metres) hence have a greater visual impact;

53-61 Lansell Street, East Bendigo (VicRoads – zoned Public Use). The applicant advises this site was 160 metres south west from the application site and has similar characteristics to the applications site, however Telstra were not able to come to a commercial agreement with the land owner (note: VicRoads lease and occupy, however do not own the site);

69-75 McIvor Road, East Bendigo (Coles Supermarket – zoned Commercial 1). This site is 340 metres south from the application site and directly adjoins / is adjacent to, residentially zoned and developed land. Telstra were not able to come to a commercial agreement with the land owner.

In the initial applicant’s submission, they conclude that the application site is: “accessible, technically viable and will result in minimal impact on the amenity of the area, whilst also providing a possible co-location opportunity for other carriers in the future” (Urbis Planning Report pg. 12).

Planning Controls - Greater Bendigo Planning Scheme

Why a permit is required? In this case a permit is required as Clause 52.19 requires a permit to construct a building or construct or carry out works for a telecommunications facility which is not a ‘low impact’ facility as noted in the relevant Commonwealth Government determination. The following clauses are relevant in the consideration of this proposal: State Planning Policy Framework

Clause 10.04 – Integrated decision making;

Clause 11.04-6 – A State of Cities;

Clause 11.05-1 - Regional settlement networks;

Clause 11.05-4 - Regional planning strategies and principles;

Clause 11.12 - Loddon Mallee south regional growth (Clauses 11.12-1 to 11.12-6 inclusive);

Clause 17 - Economic development;

Clause 18.04-2 – Planning for airports; and

Clause 19.03-4 – Telecommunications. Municipal Strategic Statement

Clause 21.05 – Compact Greater Bendigo; and

Clause 21.07 – Economic Development. Other Provisions

Clause 36.01 – Public Use Zone 2 (Education);

Clause 43.04 – Development Plan Overlay Schedule 16 (Lansell Crest Estate);

Clause 52.19 – Telecommunications Facilities;

Clause 65 – Decision Guidelines; and

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Clause 81.01 – Incorporated Documents (including Bendigo Aerodrome Obstacle Limitation Surfaces, June 2012).

Consultation/Communication Public Notification The application has been advertised twice. The first occasion was in 2014 with regard to the original proposed location. The second occasion was in August 2016 for the amended location.

Notice took the form of direct mail notification to 210 adjoining, adjacent and nearby owners and occupiers of land.

A public notice was also placed in the Bendigo Advertiser. The grounds of objection raised were:

Health concerns regarding Electro Magnetic Emissions (EME);

Impact on property values; and

Visual impacts of the facility. One of the letters of support noted that concern with the network's congestion may force the small business owner (employing 16 people in a social media consultancy) to relocate and that they fully supported the proposal. An email from a building firm (operating in East Bendigo) was received complaining of poor Telstra mobile coverage in a recently completed industrial subdivision off Beischer Street (Ronoak Court). The third letter received was from a large scale serviced apartment complex in McCrae Street, noting that visitors regularly complain about surprisingly poor mobile reception so close to the CBD. The relevant planning issues raised by the application are discussed below.

Planning Assessment State and Local Planning Policies: Clause 11 of the Planning Scheme recognizes the importance of Bendigo to the Loddon Mallee South Region and a State as a whole. The clause notes a strategy as being to: “Support Bendigo as the regional city and the major population and economic growth hub for the region, offering a range of employment and services“. The provision of telecommunications infrastructure can be viewed as supporting this higher order strategy. Clause 18.04-2 Planning for airports has an objective to strengthen the role of Victoria’s airports within the State’s economic and transport infrastructure and protect their ongoing operation with a strategy being to protect airports from incompatible land-uses. Policy guidance regarding telecommunications is also found at clause 19.03-4 of the Planning Scheme which has objectives to: “facilitate the orderly development, extension and maintenance of telecommunication infrastructure”.

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Strategies to achieve this objective include:

Facilitate the upgrading and maintenance of telecommunications facilities.

Ensure that modern telecommunications facilities are widely accessible to business, industry and the community.

Ensure the communications technology needs of business, domestic, entertainment and community services are met.

Do not prohibit the use of land for a telecommunications facility in any zone.

Encourage the continued deployment of broadband telecommunications services that are easily accessible by:

o Increasing and improving access for all sectors of the community to the

broadband telecommunications trunk network.

o Supporting access to transport and other public corridors for the deployment of

broadband networks in order to encourage infrastructure investment and reduce investor risk.

In considering proposals for telecommunication services, seek a balance between the provision of important telecommunications services and the need to protect the environment from adverse impacts arising from telecommunications infrastructure.

Planning should have regard to national implications of a telecommunications network and the need for consistency in infrastructure design and placement.

The clause notes that planning must consider, as relevant A Code of Practice for Telecommunications Facilities in Victoria (Department of Sustainability and Environment, 2004). How the proposal performs against the code is outlined later in this report. Clause 21.05-5 Key development sites notes that the Lansell Crest (former VicRoads depot) is such a site. The owner of the site objected to the original planning permit application (as the facility was located on the boundary with this site); however the amended siting has resulted in the objection being withdrawn. Having a facility close to the Lansell Crest site will be a benefit to both existing and future residents once it is developed. Zone – Clause 36.01 Public Use Zone 2 (Education): Purposes of this zone include:

To recognize public land use for public utility and community services and facilities; and

To provide for associated uses that is consistent with the intent of the public land reservation or purpose.

It is important to note that a Public Use Zone does not prohibit any use; however it does require that planning approval is required in cases when a proponent is not conducting a use/development that is ‘by or on behalf of the public land manager’. The public land manager in this case is Bendigo TAFE and the land manager consents to the application being made. Given the TAFE is a significant employer and has a large number of students; the proposed facility will benefit employees and students by the provision of improved telecommunications coverage.

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Particular provision - Clause 52.19 – Telecommunications: This clause has purposes to:

To ensure that telecommunications infrastructure and services are provided in an efficient and cost effective manner to meet community needs.

To ensure the application of consistent provisions for telecommunications facilities.

To encourage an effective state-wide telecommunications network in a manner consistent with the economic, environmental and social objectives of planning in Victoria as set out in Section 4 of the Planning and Environment Act 1987.

To encourage the provision of telecommunications facilities with minimal impact on the amenity of the area.

The key assessment tool for this application type is contained within the document titled A Code of Practice for Telecommunications Facilities in Victoria 2004, which is a document incorporated into the Planning Scheme. Clause 52.19-6 requires that the principles for the design, siting, construction and operation of a telecommunications facility set out in the Code of Practice must be considered, as appropriate. The application has been assessed against the principles as follows:

A Telecommunications facility should be sited to minimise visual impact.

The tower has been applied for at a height of 30 metres, meaning it will clearly be visible. The following factors (taken from A Code of Practice for Telecommunications Facilities in Victoria 2004) are relevant to the consideration as to what is relevant in terms of determining whether visual impact is acceptable.

How principle should be applied Assessment

On, or in the vicinity of a heritage place, a telecommunications facility should be sited and designed with external colours, finishes and scale sympathetic to those of the heritage place. A heritage place is a heritage place listed in the schedule to the Heritage Overlay in the Planning Scheme.

The location of the facility is approximately 230 metres north east of the closest heritage place which is an individually listed dwelling at 6 Jennings Street, East Bendigo. The only other is at 87 Charleston Road being the former Tomlins and Simmie Flour Mill which is over 350 metres west of the proposed facility.

Equipment associated with the telecommunications facility should be screened or housed to reduce its visibility.

In terms of materials, the facility consists of a concrete pole and pale eucalypt equipment shelter which; will be appropriate given the context of the application site located between buildings forming part of the Bendigo TAFE Campus and to the rear of the bowling club.

A telecommunications facility should be located so as to minimise any interruption to a significant view of a heritage place, a landmark, a streetscape, vista or a panorama,

The principle requires that a facility should be located so as to minimise views. This provision recognizes that by necessity such facilities will be visible and it is important to note that simply

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How principle should be applied Assessment

whether viewed from public or private land

being visible cannot be equated to automatically having an adverse visual impact. The planning scheme does not designate any landmark vistas or panoramas applying to the area. The way the planning scheme can designate these are by the use of controls such as the Significant Landscape Overlay. The nearest heritage places are also a significant distance from the site. In the case of this proposed facility, the visual impact of the facility when viewed around the site from both public and private land varies considerably. The northern and eastern side of the proposed location (including streets such as Lloyd, Murphy, Day and Jennings Streets) has slightly lower means that views to the facility are relatively unimpeded (though this will change if the Lansell Crest site is developed in time). The opposite is the case to the southern and western side of the facility from streets such as Kennedy, Denovan and a significant portion of Lansell Street. From these viewpoints, views to the facility are impeded by buildings, vegetation and in the case of the bowling club, lighting poles in foreground of the facility.

Telecommunications facilities should be co-located wherever practical.

As a first preference, co-location is always thoroughly examined when seeking to increase mobile phone coverage. Co-location offers reduced or no visual impact, considerably lower costs and a speedier decision making process, as such this is only ruled out by a carrier where it cannot be suitably achieved.

How principle should be applied Assessment

Wherever practical, telecommunications lines should be located within an existing underground conduit or duct.

Not applicable.

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How principle should be applied Assessment

Overhead lines and antennae should be attached to existing utility poles, towers or other radio communications equipment to minimise unnecessary clutter.

The applicant has investigated the co-location option and this is documented in the supporting report submitted in support of the application.

Health standards for exposure to radio emissions will be met.

How principle should be applied Assessment

A telecommunications facility must be designed and installed so that the maximum human exposure levels to radio frequency emissions comply with Radiation Protection Standard – Maximum Exposure Levels to Radiofrequency Fields – 3kHz to 300 GHz, ARPANSA, May 2002.

At a distance of 197.82 metres from the site the highest level of electromagnetic energy (EME) output from the facility will occur. The maximum output at this location will emit 0.3% of the allowable limit of EME in accordance with the Federal Government regulatory framework.

Disturbance and risk relating to siting and construction should be minimised. Construction activity and site location should comply with State environment protection policies and best practice environmental management guidelines.

How principle should be applied Assessment

Soil erosion during construction and soil instability during operation should be minimised in accordance with any relevant policy or guideline issued by the Environment Protection Authority.

The applicant's submission details that the facility will be constructed in accordance with best practice environmental management.

Construction should be carried out in a safe and effective manner in accordance with relevant requirements of the Occupational Health and Safety Act 1985.

As above.

Obstruction or danger to pedestrians or vehicles caused by the location of the facility, construction activity or materials used in construction should be minimised.

In terms of impacts associated with construction, any impacts would be short lived as vehicles enter and exit the subject site for construction or maintenance activity.

Where practical, construction should be carried out during times that cause minimum disruption to adjoining properties and public access.

The applicant is required to adhere to EPA guidelines around hours and days where construction is to occur.

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How principle should be applied Assessment

Traffic control measures should be taken during construction in accordance with Australian Standard AS1742.3 – 2002 Manual of uniform traffic control devices – Traffic control devices on roads.

The applicant is aware of their obligations in this regard and would liaise with the City in terms of traffic control required during the construction phase.

Open trenching should be guarded in accordance with Australian Standard Section 93.080 – Road Engineering AS 1165 – 1982 – Traffic hazard warning lamps.

The applicant is aware of their obligations in this regard.

Disturbance to flora and fauna should be minimised during construction and vegetation replaced to the satisfaction of the land owner or responsible authority at the conclusion of work.

No vegetation on the site or in the road reserve is required to be removed for the facility.

Street furniture, paving or other existing facilities removed or damaged during construction should be reinstated (at the telecommunication carrier’s expense) to at least the same condition as that which existed prior to the telecommunications facility being installed.

The applicant is aware of their obligations in this regard.

Mitigation of potential impacts of the Bendigo Airport and aircraft safety: The existing, and developing Bendigo Airport has the Design and Development and Airport and Environs Overlay applying to control development proximate to the airport. Council at its 10 August 2016 Ordinary Meeting resolved to support the preparation and approval of Ministerial Amendment GC49 to the Greater Bendigo Planning Scheme which would result in similar control applying to the proposed flight path the future Bendigo Hospital Helipad. The application site is outside both the existing and proposed Planning Scheme designated areas subject to aircraft control. The site is, however, in within the mapped Inner Horizontal Surface of the Obstacle Limitation Surface of the Bendigo Airport. As the facility is 30 metres high, and will be constructed at RL 229.5, the tower will intrude into the Inner Horizontal Surface by 4.5 metres. The City’s Airport Manager has had extensive input into this application since late 2014 and has both referred and discussed this issue at length with the relevant officers at the Civil Aviation Safety Authority.

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Figure 3: Application site in relation the planning controls (overlays) applying to the Bendigo Airport.

Figure 4: Application site in relation to the approaches to the proposed Bendigo Hospital Helipad.

It has been agreed that a permit condition requiring a safety analysis (in the form of an aeronautical assessment) be included in the recommended permit conditions. The result of this assessment is expected to support either a low or high intensity lighting of the tower (in lieu of physical marking) to be used to alert pilots to the location of the facility.

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Objections The issue of visual impact has been addressed earlier in this report. The remaining issues raised by the objections are:

Property devaluation;

Impacts of electromagnetic radiation; and

Alternative locations for the tower.

The above three grounds are not relevant (or legal) statutory planning grounds which can be considered. There are a number of Victorian Civil and Administrative Tribunal decisions including Hyett v Shire of Corangamite [1999] VCAT 794 in McClelland v Golden Plains SC [2013] VCAT 59, Marshall & Ors v Ararat Rural CC [2013] VCAT 90 and Mason v Greater Geelong CC (Includes Summary) (Red Dot) [2013] VCAT 2057 (16 December 2013) that outline what matters are and are not relevant to a Council (and on review VCAT) consideration of an application of this type.

Conclusion

Assessment of the proposal against relevant matters including: State and Local Policy; the Zone; A Code of Practice for Telecommunications Facilities in Victoria 2004; impacts on the operation of the Bendigo Airport and aircraft; and the submissions received concludes that the facility represents an acceptable planning outcome, subject to the recommended conditions. Options Council, acting as the responsible authority for administering the Planning Scheme, may resolve to: grant a permit with or without condition, or refuse to grant a permit on any grounds it sees fit.

Attachments

Objections

Petition

Letters/email of support/complaint as to lack of coverage;

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RECOMMENDATION

Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolve to issue a Notice of Decision to Grant a Permit for the Development of a telecommunications facility (30 metre pole and equipment shelter in fenced compound) at 62-104 Charleston Road, EAST BENDIGO 3550 subject to the following conditions: 1. NO LAYOUT ALTERATION

The development as shown on the endorsed plans must not be altered or modified (for any reason) except with the prior written consent of the Responsible Authority.

2. AERONAUTICAL ASSESSMENT – SAFETY ANALYSIS (a) Prior to the development coming into use, a safety analysis in the form of an

aeronautical assessment should be undertaken to demonstrate why day lighting should be used in lieu of physical markings, how any such lighting will alert pilots to the obstacle and how local amenity will be protected;

(b) Any lighting (as a result of the Aeronautical Assessment – Safety Analysis) should be fitted with a self-monitoring device (or procedure put in place) to ensure its continual use as appropriate. The airport (City of Greater Bendigo) is not to be responsible for monitoring, maintaining or repairing light failure.

3. SOUNDPROOFING

All external plant and equipment must be acoustically treated or placed in soundproof housing to reduce noise to a level satisfactory to the responsible authority.

4. REMOVAL OF REDUNDANT FACILITY The facility approved by this permit shall be completely removed from the land (with the land being reinstated to its natural condition) to the satisfaction of the Responsible Authority within three (3) months of the telecommunications facility becoming redundant. The responsible authority may approve an extension to this time if an application is received three (3) months prior to the telecommunications facility becoming redundant.

5. EXPIRY This permit will expire if one of the following circumstances applies: (a) The development is not started within two (2) years of the date of this

permit; (b) The development is not completed within four (4) years of the date of this

permit. In accordance with Section 69 of the Planning and Environment Act 1987, an application may be submitted to the Responsible Authority for an extension of the periods referred to in this condition.

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3. PRESENTATION AND VIBRANCY

3.1 2016 2017 COMMUNITY GRANTS PROGRAM ROUND 1

Document Information

Author Deb Simpson, Coordinator Connecting Communities Steven Abbott, Manager Community Partnerships Responsible Michael Smyth, Acting Director Community Wellbeing Director

Summary/Purpose

This report presents the recommended funding allocations for Round 1 of the 2016/17 Community Grants and seeks Council endorsement of the funding allocations.

Policy Context

Council Plan Reference: The Community Grants are consistent with the following Council Plan 2013–2017 (2016-2017 Update) strategic objectives:

3.7 Structured community engagement, community planning and community development programs support our residents and communities, particularly those who may experience isolation.

Council Policy Reference (include weblink as applicable): Community Grants Policy (Policy) and Program Guidelines (Guidelines).

Background Information

This report relates to Round 1 of the 2016/17 Community Grants. There are seven categories of grants offered under the Community Grants program:

• Active & Healthy Communities; • Arts; • Community Development; • Community Events; • Driver Education for Youth (a temporary category); • Environmental Sustainability; • Print and Digital Publications.

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In accordance with the Guidelines, Community Assessment Panels (Panels) were convened to consider the applications received for each of the seven categories. The Guidelines require Council to consult with the respective Panel prior to the resolution of funding allocations if any variations to Panel funding recommendations are proposed. As per the Policy, 10% of the budget for each category is set aside as a ‘reserve’ to provide capacity for Quick Response Grants for community needs that may arise outside of Grant funding rounds. The exception to this is the Driver Education for Youth category as the funds for this category are externally sourced. The Quick Response Grants reserves for 2016/17 are:

Active and Healthy Communities $10,712

Arts $8,561

Community Development $13,390

Community Events $7,496

Driver Education for Youth $0

Environmental Sustainability $4,280

Print and Digital Publications $3,205

TOTAL $47,644

Previous Council Decision(s) Date(s): 11 February 2015: Council adopted the revised Policy and Guidelines. 5 August 2015: Council endorsed minor amendments to the Policy and Guidelines. 16 December 2015: Council appointed the Community Assessment Panel members. 4 May 2016: Council resolved upon the 2015/16 Community Grant Round 2 funding allocations.

Report

Applications opened on 4 July 2016 and closed on 1 August 2016. 65 eligible applications were received for Round 1. This represents 24 less than the 89 received for Round 2 and seven less than Round 1 of the 2015/16 Community Grants.

Total of Round 1 funding

available ($)

Total of applications

received

Total of funding

requested

Total of applications

recommended by Panel for

funding

Total of Panel recommended

funding allocations

Active and Healthy Communities

$48,205

14 $54,825 11 $40,726

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Quick Response Grants

$7,750 in Quick Response Grants funds have been distributed to 5 applicants since the last report to Council on 4 May 2016, however $2,750 of that funding was allocated before the end of the 2015/16 financial year. This leaves a balance of $42,644 for the remained of 2016/17.

Quick Response Grants

Organisation Project Details Category Amount

Scots Baseball Club

Replacement of player safety equipment following a building fire.

Active and Healthy Communities

$2,000

Australian Red Cross Blood Donor Service

Activities to promote the need for local blood donations.

Community Events

$750

Empowering Eaglehawk

Support for a 10th anniversary community event.

Community Events

$2,000

Bendigo Squash Club

Accreditation of a coach in a regional sport development program.

Community Development

$1,000

Bendigo Filipino Foundation

Activities in the Bendigo CBD to raise awareness of / share Filipino culture with other community members.

Community Events

$2,000

TOTAL

$7,750

Arts $38,527

8 $33,307 8 $33,307

Community Development

$60,257

22 $89,182 17 $60,252

Community Events

$33,735

8 $26,462 7 $15,937

Driver Education for Youth

$19,500 2 $9,460 2 $9,460

Environmental Sustainability

$19,264

7 $27,762 5 $15,450

Print and Digital Publications

$14,424 4 $13,619 4 $9,999

TOTAL $233,912 65 $254,617 54 $185,131

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The tables below outline the funding allocations recommended by the Panels for each Grant category. The maximum funding available in any category or to any organisation (with the exception of applications made under the Driver Education for Youth category) is $5,000. Some applications were not recommended by the Panels for funding as:

They were incomplete.

They were assessed as not meeting the Guidelines.

The category was oversubscribed.

The requested funding was for an ongoing resource. In some cases the Panels have recommended partial funding due to applications not demonstrating sufficient merit to justify the maximum amount requested. Active and Healthy Communities

Organisation Project Description Amount Sought

Amount Recommended

by Panel

Maiden Gully Lions Football Club

Development of an under 12s girls team.

$3,000 $3,000

South Bendigo Junior Football/Netball Club

Purchase and installation of two defibrillators.

$5,000 $2,650

BEAM - All Abilities Dance/Fitness

Development and delivery of an all-inclusive ‘movement to music’ program for people with disability and their carers.

$3,125 $1,276

Golden City Soccer Club

Purchase of essential safety equipment.

$2,000 $2,000

White Hills Primary School

Delivery of a safe bicycle riding program.

$5,000 $5,000

Aikido Victoria Delivery of an introductory Aikido (a martial art) program for interested community members.

$5,000 $5,000

Kalianna School

Delivery of a safe bicycle riding program.

$5,000 $5,000

Victorian Railways Institute (VRI)

Improving volunteer comfort and safety by replacing two gas heaters.

$1,800 $1,800

Hockey Central Victoria

Purchase of new goals to replace existing goals that have reached the end of their life.

$5,000 $5,000

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Organisation Project Description Amount Sought

Amount Recommended

by Panel

Kangaroo Flat Cricket Club

Purchase of a wicket cover trolley to improve volunteer safety.

$5,000 $5,000

Bendigo Canoe Club

Purchase of new boats to enable existing community programs to be expanded.

$5,000 $5,000

TOTAL

$44,925

$40,726

Arts

Organisation Project Description Amount Sought

Amount Recommended

by Panel

Bendigo Youth Choir Delivery of music education and singing workshops engaging young people.

$5,000 $5,000

Bendigo Textile Artists

Development of programs and exhibitions to promote collaboration in the creation of decorative and functional items made from textiles, yarns, paper and other fibres.

$1,495 $1,495

Choice Voices Choir Development of new choir repertoires and new performance opportunities.

$5,000 $5,000

Advance Heathcote “Heathcote Picture Roadshow”: an opportunity for the community to enjoy a suite of Australian and international short films.

$4,802 $4,802

Bendigo Community Theatre and Arts

Delivery of a performance series at St Pauls Cathedral that will allow the community to enjoy musical arrangements and orchestrations with an historic or educational theme.

$4,510 $4,510

Marist Brass Band Purchase of a trailer for transporting equipment to and from performances.

$4,500 $4,500

Tripwire Theatre Development and performance of an outdoor play as part of the Greater Bendigo Summer in the Parks program.

$3,000 $3,000

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Organisation Project Description Amount Sought

Amount Recommended

by Panel

Dja Dja Wurrung Clan

Development of Dja Dja Wurrung art work and commentary for displaying / playing on a Bendigo tram to promote knowledge of Traditional Owners.

$5,000 $5,000

TOTAL

$33,307

$33,307

Community Development

Organisation Project Description Amount Sought

Amount Recommended

by Panel

Victorian Aids Council

Development and delivery of community engagement and resilience programs for lesbian, gay, bisexual, transgender and intersex (LGBTI) members of the Greater Bendigo community.

$5,000 $2,500

Blue Light Victoria Development of pilot youth social and dance program (targeted at children aged 10 to 15).

$4,000 $2,000

Kamarooka Community Club

Purchase of portable kitchen equipment to increase the functionality of the Kamarooka Memorial Hall.

$4,999 $4,999

Sunshine Bendigo Installation of portable heating and shelving in premises to enable more volunteer and user-friendly delivery of established baby equipment and children’s toy sharing programs.

$4,953 $4,953

Eaglehawk Anglican Church

Upgrade of kitchen to assist with increasing demand for community meal programs.

$5,000 $5,000

Helm Street Kindergarten

Establishment of a multicultural children's garden.

$1,500 $1,500

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Organisation Project Description Amount Sought

Amount Recommended

by Panel

Bendigo Historical Society

Improved preservation of the historical clothing collection through the development of more appropriate storage.

$4,276 $4,276

Long Gully Community Centre

Purchase of new tables and 10 chairs with arms to improve volunteer safety during venue set up / pack up and to make it easier for elderly participants to sit and stand during community programs / meetings.

$5,000 $5,000

Interchange Loddon Mallee

Purchase of technology aids to enable improved social interaction of people with a disability.

$1,766 $1,766

Marong Community Action Group

Delivery of first aid training courses for local community members.

$1,500 $1,500

Bendigo Poultry Club

Purchase of a public address system for use at community events.

$1,800 $1,800

Bendigo Community Health Services

Development of a series of street art workshops with disengaged young people. The workshops will also have a mental health focus.

$4,910 $4,910

Heathcote Tourism and Development

Replacement of some RSL Hall equipment to enable the facility to continue to be used effectively and safely by the community.

$3,788 $3,788

CFA Mandurang Purchase of a commercial washing machine to make laundering of volunteer wildfire personal protective clothing (PPC) more manageable.

$3,000 $2,260

Quarry Hill Golf Club Replacement of the carpet in the main club house area to make the venue more appealing and to reduce potential trip hazards.

$5,000 $4,000

Old Church on the Hill

Development of cupboards to enable onsite storage of playgroup toys and craft materials for established community playgroup and craft programs.

$5,000 $5,000

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Organisation Project Description Amount Sought

Amount Recommended

by Panel

Axedale Recreation Reserve Management Committee

Minor works to make the reserve more appealing and user friendly.

$5,000 $5,000

TOTAL

$66,492

$60,252

Community Events

Organisation Project Description Amount Sought

Amount Recommended

by Panel

Eaglehawk Community House

Development and implementation of engagement programs focused on local children aged between one and 12 years.

$4,000 $4,000

Asociacion Rociera de Victoria

Promotion and delivery of the El Rocia Spanish Festival 2017.

$4,000 $1,177

Otis Foundation Kez's Hideaway (Redesdale) Community Open Day - to provide an opportunity for the community to visit this new breast cancer retreat and to thank the community for their assistance with its development, plus raise awareness of Otis Foundation supports for families affected by breast cancer.

$4,500 $2,698

Bendigo Australia Indonesia Club

A showcase and community celebration of Indonesian culture.

$1,962 $1,962

CWA Bendigo Northern Group

Promotion and delivery of three community social events in February, April and June 2017.

$2,000 $2,000

Bendigo Goldfields Chrysanthemum Association

Promotion and delivery of the Australian Chrysanthemum Championship and Floral Art Display 2017.

$2,000 $2,000

CWA Axedale Promotion and delivery of an International Women’s Day event.

$3,000 $2,100

TOTAL

$21,462

$15,937

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Driver Education for Youth

Organisation Project Description Amount Sought

Amount Recommended

by Panel

Weeroona Secondary College

Driver education for Karen students of parents who do not have Driver Licences and / or who cannot afford commercial driving lessons.

$4,500 $4,500

Bendigo Community Health Services

Driving lessons for Karen and Afghani young people utilising translators.

$4,960 $4,960

TOTAL

$9,460

$9,460

Note: It is reported that there is currently a one year waiting list for driving lessons through the existing L2P Program offered by the Salvation Army. The L2P Program is targeted at young people who experience socio-economic disadvantage.

Environmental Sustainability

Organisation Project Description Amount Sought

Amount Recommended

by Panel

Dr Harry Little Preschool

Purchase and installation of a water tank to enable more environmentally sustainable watering practices for the Preschool kitchen garden.

$2,690 $2,690

Northern Bendigo Landcare Group

Implementation of a collaborative nesting box building program in partnership with Long Gully Men’s Shed, Huntly Primary School and Preschool plus Epsom Primary School.

$4,112 $2,300

Community of Christ Church

Establishment of an edible community garden in front of the church building and implementation of a community-based cultivation program.

$5,000 $4,500

Lockwood Primary School

Construction of a chicken coop to support onsite management of organic matter and production of manure for fertiliser.

$960 $960

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Organisation Project Description Amount Sought

Amount Recommended

by Panel

Bendigo Regional Food Alliance

Development of pop-up wicking bed food gardens and implementation of an associated community education program at six sites across the Greater Bendigo municipality over a 12 month period.

$5,000 $5,000

TOTAL

$17,762

$15,450

Print and Digital Publications

Organisation Project Description Amount Sought

Amount Recommended

by Panel

Bendigo Community Sister Cities Committee (BCSCC)

Development of a website to support implementation of the new BCSCC strategic plan and information sharing about BCSSC activities.

$5,000 $3,000

Sebastian Progress Association

Purchase of a domain name and development of a community website.

$4,999 $4,999

Huntly and District Historical Society

Production of Huntly Epsom News.

$2,000 $1,000

Bridge Connection Production of Bridge Connection.

$1,620 $1,000

TOTAL

$13,619

$9,999

Successful and unsuccessful applicants are advised of their application outcome following Council’s resolution. Successful applicants are required to enter into a Funding Agreement (FA) with the City of Greater Bendigo (City). The FA outlines the scope of the funded project as well as the City’s and the recipient's responsibilities. Funds are only released to recipients upon receipt of the signed FA and an invoice. Funding offers may be revoked if a signed FA and an invoice are not received within 30 days of the funding offer being made. Timelines: Initiatives funded under Round 1 are required to:

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Commence on or after 1 December 2016;

Be completed within one year; and,

Submit Project Evaluation Forms / Acquittals within 60 days of project completion. Recipients who do not fulfil this requirement may be ineligible to receive further City funding.

Risk Analysis: All Round 1 applications were assessed in line with the Policy and Guidelines. All Panel members were required to declare conflicts of interest in any applications. Where conflicts of interest were declared, Panel members were required to leave the room when the respective applications were being assessed. The Panels are required to recommend funding allocations that are within the set budget for the category.

Consultation/Communication

External Consultation: The grants were advertised through media releases, public notices, the City’s website and social media pages, relevant City newsletters and email networks. The Community Partnerships Unit facilitated two free grant seeking, writing and management workshops in the lead up to Round 1. They were attended by 58 representatives from various community groups. If interested community members were unable to attend the workshops City staff were able to provide application assistance on a one-to-one basis during normal business hours.

Resource Implications

Budget Allocation in the Current Financial Year: The total Community Grants budget is $495,968. This is broken down into the following sub-budgets:

Round 1 and 2 (combined) $448,324

Quick Response Grants $47,644 The Panels have recommended that 54 of the 65 applicants (83%) be allocated some funding. The total amount of Round 1 funding recommended by the Panels is $185,131

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Conclusion

65 eligible applications were received for Round 1 of the 2016/17 Community Grants. The Community Assessment Panels have recommended funding for 54 applications that were assessed as meeting the criteria. The total recommended funding allocations of $185,131 is within the available Round 1 budget of $233,912

All applicants will be notified in writing about the outcome of their application once Council has resolved upon the funding allocations.

Attachments

1. Confidential attachment: Not recommended applications. RECOMMENDATION That Council: 1. Endorse the Community Assessment Panels' recommendations to allocate

$185,131 in 2016/17 Community Grants Round 1 funding across 54 applicants.

2. Thank all Community Assessment Panel members for volunteering their time to assess applications and develop funding recommendations for Council consideration.

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4. PRODUCTIVITY

Nil.

5. SUSTAINABILITY

Nil.

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6. LEADERSHIP AND GOOD GOVERNANCE

6.1 FINANCIAL STATEMENTS AND PERFORMANCE STATEMENT FOR THE FINANCIAL YEAR 2015/2016

Document Information

Author Travis Harling, Manager Finance Responsible Kerryn Ellis, Director Organisation Support Director

Summary/Purpose

The purpose of this report is to approve, in principle, the Financial Statements, and Performance Statement for the financial year 2015/2016 and to authorise two (2) Councillors to sign the final statements on behalf of Council.

Policy Context

Council Plan Reference:

City of Greater Bendigo Council Plan 2013-2017 (2016/17 Update):

Theme: 1 Leadership and good governance

Strategic Objective: 1 Council demonstrates leadership in its decisions to meet future needs and challenges

Strategy 1.1 Good governance principles are used to guide strategic decision-making

Background Information

The Local Government Act 1989 requires the following:

A Council must, in respect of each financial year, prepare an annual report containing:

(a) a report of its operations during the financial year;

(b) audited Financial Statements for the financial year;

(c) a copy of the Performance Statement; and

(d) a copy of the report on the Performance Statement;

(e) any other matter required by the regulations. Council must not submit the Financial Statements to its auditor or the Minister unless it has passed a resolution giving its approval in principle to the Financial Statements and Performance Statement.

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The Council must authorise two (2) Councillors to certify the Financial Statements and Performance Statement in their final form after any changes recommended, or agreed to, by the auditor have been made.

Report

The City of Greater Bendigo has prepared its annual Financial Statements and Performance Statement for the financial year ending 30 June 2016. These statements have been presented to the Audit Committee. The Audit Committee reviewed the statements and recommends that Council approve the statements in principle. The Council must also authorise two (2) Councillors to certify the statements, being the Mayor Cr Fyffe and Cr Lyons as a member of Council's Finance and Audit Committees. The statements have been reviewed by the Victorian Auditor General's Office (VAGO) and are considered to be in their final form. As the statements have been finalised, they can be signed as soon as two (2) Councillors have been authorised. The following are items of note in the Financial Statements:

The year end result reported a $41.492 million operating surplus. The budgeted operating surplus was $11.152 million, resulting in a favourable variance of $30.340 million to budget, this result is influenced significantly by unbudgeted capital grants received during the year. This result is in line with applicable Accounting Standards.

Major operating activities influencing the favourable result to budget include the following:

The Art Gallery experienced higher than expected ticket sales for the Marilyn Monroe exhibition, $2.75 million favourable,

The Ulumbarra Theatre experienced higher than budgeted hire fees/ticket sales through venue events during the year, $1 million favourable,

Developer contributions cash exceeded budget from the growth in developer activity within the Bendigo area $1 million favourable

Developer contributions non-monetary assets exceeded budget also as Council was gifted $9 million of road/footpaths/bridge assets and $4 million of drainage assets from subdivision developments

Reduced labour costs in the Community Services Unit as a result of efficiencies and reduced service needs, $767,000 favourable

Victorian Grant Commission payments were paid early and 50% of the grant was received in the 2014/15 year, $7.40 million unfavourable

Landfill operations experienced higher expenditure than budget due to the recognition of depreciation at the Eaglehawk site $487,000 unfavourable

Parks Unit experienced higher utility costs and tree maintenance expenditure to budget $690,882 unfavourable.

Funding provided by State and Federal Government departments included unbudgeted grant payments that were received for projects that are to be undertaken in the 2016/17 financial year. Unbudgeted amounts received during 2015/16 included:

$9 million for the Indoor Aquatic and Wellbeing Centre,

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$2 million for the Bendigo Stadium expansion,

$1.5 million Airport runway project,

$2 million Roads to Recovery funding and

$2.9 million for Road and Bridge works.

$2.5 million for the finalisation of the Ulumbarra Theatre project.

The timing of recognising capital income and undertaking the works can provide difficulty when comparing actual result to budget. These funds will be held to contribute to capital works in the following year.

Total revenue was in excess of $201 million.

Cash balances are $65.115 million, an increase of $8.208 million from 30 June, 2015.

A large percentage of the 30 June cash balance has some form of restriction or allocation applied to it for future needs, these include:

Restricted Funds

o Statutory Reserves $6.3 million

o Trust funds $3.1 million

o Discretionary Reserves (Grants) $18.97 million

Cash with intended allocations

o Discretionary Reserves (Excluding Grants) $14.96 million

o Carry Forward projects $7.8 million

o Future Capital Project $650,000

An important ratio reported by Councils is the Working Capital Ratio (which demonstrates the level of current assets to current liabilities). The City of Greater Bendigo’s Working Capital Ratio is 2.67:1 (2014/15 was 1.67:1) and is categorised by VAGO indicators to be of low risk of financial sustainability concerns.

Council delivered $44.041 million of Capital Works during 2015/16 ($41,469 million in 2014/15). Capital Works projects requiring carried forward funding totalled $7.800 million ($3.976 million in 2014/2015).

With the removal of the requirement to prepare Standard Statements (comparison of Actual to Budget), Note 2 of the Financial Statements shows actual results to budget and explanation of significant variances. Included at Note 2 is the budget versus actual of Income and Expenditure and Capital Works, this note begins at page 15 of the Financial Statements, The Performance Statement, beginning at page 54, demonstrates Council's performance in achieving its Key Strategic Activities adopted in the 2015/16 Budget. Risk Analysis: To the best of the Officer's knowledge, these statements are true and correct.

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Consultation/Communication

External Consultation:

These statements were examined by the Audit Committee at its meeting of 14 September 2015.

Resource Implications

The annual audit of the Council's Financial Statements costs approximately $46,000 and Performance Statements costs approximately $5,000 which is provided for in the budget. Budget Allocation in the Current Financial Year: Yes Current Estimate or Tender Price: $51,000 Projected costs for future financial years: CPI Plus

Conclusion

It is now appropriate for Council to approve the statements in principle and authorise two (2) Councillors to sign the final statements.

Attachments

1. Financial Statements

RECOMMENDATION

That on the recommendation of the Audit Committee, the Greater Bendigo City Council: 1. Approve, in principle, the Financial Statements and the Performance Statement for

the 2015/2016 Financial Year; 2. Authorise the Mayor, Cr Fyffe, and Cr Lyons, the Finance Committee/Audit

Committee representative, to sign the final Financial Statements and Performance Statement on behalf of, and with the full authority of, Council.

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6.2 APPOINTMENT OF INDEPENDENT MEMBER OF THE AUDIT COMMITTEE

Document Information

Author Jenny Watt, Executive Assistant Responsible Craig Niemann, Chief Executive Officer Director

Summary/Purpose

To recommend the appointment of an Independent Member of the Audit Committee

Policy Context

Leadership and Good Governance - Community members are supported to take an active part in democratic engagement.

Background Information

The Audit Committee Charter states that the Audit Committee will consist of five members comprised of three suitably qualified independent representatives and two Councillors. The appointment of independent representatives shall be made by Council and be for a term of three years. Clause 7 of the Internal Audit Charter states that "all reappointments following each independent member's second term must be publicly advertised". Ms Kate Scarce's second term on the Audit Committee concludes on 1 October 2016. This appointment is to fill the position vacated by Ms Scarce.

Report

Ms Scarce was appointed as an independent member of the Audit Committee on 1 October 2010 and was reappointed for a second term which expires on 1 October, 2016. Ms Scarce has made an outstanding contribution to the Audit Committee serving as a Committee member for three years and as Chairperson for three years. In accordance with the Audit Committee Charter, the vacant position was advertised on Saturday 13 August, 2016 and Saturday 20 August, 2016. Two applications were received for the position. Interviews were conducted by the Councillor members of the Audit Committee, Cr Rod Campbell and Cr Barry Lyons and Mr Craig Niemann, Chief Executive Officer.

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While both applicants had relevant experience, the members of the interview panel recommend the appointment of Mr Warren Pollock as an independent member of the Audit Committee. Mr Pollock has extensive relevant experience and will provide a valuable contribution to the Audit Committee. Mr Pollock is a Partner at MGR Accountants, an accounting firm based in Bendigo, Castlemaine and Echuca. He is a Registered Company Auditor - Australian Securities and Investments Commission, is the authorised auditor for the Legal Services Board and is a Member of the Institute of Internal Auditors Australia.

Conclusion

Following the interview process, members of the interview panel recommends that Council appoint Mr Warren Pollock as an independent member of the Audit Committee for a three year term concluding on 1 October 2019.

Resource Implications

Expenditure for the Audit Committee will be within budget.

RECOMMENDATION

That the Greater Bendigo City Council: 1. Appoint Mr Warren Pollock to the City of Greater Bendigo Audit Committee for a

term of three years to 1 October 2019. 2. Acknowledge the significant contribution made to the Audit Committee by Ms Kate

Scarce who served as an independent member and Chairperson of the Audit Committee from 2010 to 2016.

3. Thank both applicants for their willingness to nominate for the position.

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6.3 RECORD OF ASSEMBLIES

Document Information

Author Peter Davies, Manager Executive Services Responsible Craig Niemann, Chief Executive Officer Officer

Summary/Purpose

The purpose of this report is to provide the record of any assembly of Councillors, which has been held since the last Council Meeting, so that it can be recorded in the Minutes of the formal Council Meeting.

Policy Context

Council demonstrates leadership in its decisions to meet future needs and challenges.

Background Information

The Local Government Act provides a definition of an assembly of Councillors where conflicts of interest must be disclosed.

A meeting will be an assembly of Councillors if it considers matters that are likely to be the subject of a Council decision, or, the exercise of a Council delegation and the meeting is: 1. A planned or scheduled meeting that includes at least half the Councillors (5) and a

member of Council staff; or 2. an advisory committee of the Council where one or more Councillors are present. The requirement for reporting provides increased transparency and the opportunity for Councillors to check the record, particularly the declarations of conflict of interest.

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Report

Meeting Information

Meeting Name/Type

Councillors' Forum

Meeting Date 17 August 2016

Matters discussed 1. Presentation on a Sound Shell 2. Housing Strategy 3. Bushfire Management Overlay 4. Rural Communities Strategy 5. Open Space Plan 6. O'Keefe Rail Trail 7. Rain Gardens 8. Baxter Street industrial application 9. Local Government Inspectorate 10. Organisation restructure 11. Botanic Gardens 12. Organic bags 13. Street Art 14. Organic bins 15. Happy Jack Store 16. Daryl McClure plaque 17. Petitions 18. Community Satisfaction Survey 19. Council rates 20. East Bendigo former food precinct 21. Accommodation in Short Street 22. Pollution Abatement Notices for former White Hills Landfill site 23. The Big Give 24. Athletics Centre

Attendees/Apologies

Councillors Cr Rod Fyffe Cr Rod Campbell Cr Peter Cox Cr Helen Leach Cr Barry Lyons Cr Lisa Ruffell Cr Mark Weragoda Cr James Williams Apology: Cr Elise Chapman

Staff/ Community Representatives

Mr Craig Niemann Mr Ian Couper Ms Kerryn Ellis Mr Terry Karamaloudis Ms Susannah Milne Mr Michael Smyth Mr Peter Davies Mrs Alison Campbell

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Apology: Ms Prue Mansfield

Conflict of Interest disclosures

Matter No.

Councillor/officer making disclosure Councillor/officer left meeting

Nil

Meeting Information

Meeting Name/Type

Councillors' Forum

Meeting Date 24 August 2016

Matters discussed 1. Planning matters and draft Ordinary Agenda review 2. Food Services and Property Maintenance 3. Bendigo Tennis and Pool Management Contracts 4. Epsom Primary School 5. Organics exemptions 6. Empire Road 7. New bus stop - Guys Hill Road 8. Library carpet 9. Carbon Tax reimbursement 10. Organic waste 11. Biomix 12. Daryl McClure Memorial 13. Valuation and rating 14. Epsom Primary School 15. Bendigo Botanic Gardens 16. Groundwater

Attendees/Apologies

Councillors Cr Rod Fyffe Cr Rod Campbell Cr Peter Cox Cr Helen Leach Cr Barry Lyons Cr Lisa Ruffell Cr Mark Weragoda Cr James Williams Apology: Cr Elise Chapman

Staff/ Community Representatives

Mr Craig Niemann Mr Ian Couper Mr Terry Karamaloudis Ms Prue Mansfield Mr Michael Smyth Mr Richard Morrison Mr Peter Davies Mrs Alison Campbell Apology: Ms Kerryn Ellis

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Conflict of Interest disclosures

Matter No.

Councillor/officer making disclosure Councillor/officer left meeting

Nil

Meeting Information

Meeting Name/Type

Meeting with Parliamentary Secretary for Justice (following-on from anti-social behaviour issues in Hargreaves Mall and CBD)

Meeting Date 26 August 2016

Matters discussed 1. Discussion on anti-social behaviour issues in Hargreaves Mall and Central Business District of Bendigo

Attendees/Apologies

Councillors Cr Barry Lyons Cr Lisa Ruffell Cr Mark Weragoda Cr James Williams

Staff/ Community Representatives

Mr Michael Smyth/ Mr Ben Carroll (Parliamentary Secretary for Justice) The Hon Jacinta Allan Ms Maree Edwards Mr Tom Willis, DHS Ms Sharon Kemp, DHS Mr John Dalton (VicPol) Mr Matt Hunt (VicPol) Ms Sue McKenzie Mr Marty Stradbrook

Conflict of Interest disclosures

Matter No.

Councillor/officer making disclosure Councillor/officer left meeting

Nil

Meeting Information

Meeting Name/Type

Joint meeting of Sustainable and Environment Advisory Committee and the Heritage Advisory Committee

Meeting Date 1 September 2016

Matters discussed 1. Briefing on the Council's Significant Tree Register

Attendees/Apologies

Councillors Cr Rod Fyffe Cr Peter Cox Cr Mark Weragoda Apology: Cr James Williams

Staff/ Community Representatives

Mr Ross Douglas Ms Kelly Dunn Ms Susannah Milne

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Dr Dannielle Orr Ms Debbie Wood/ Ms Pamela Beattie Mr Calum Walker Apologies: Ms Emma Bryant Mr Trevor Budge Mr Andrew Cockerall Ms Megan McDougall Ms Robyn Major Mr Paul Nicholson Ms Trudy Rickard Mr Anthony Sheean Mr Mark Stubbs/ Ms Helen Ashby Mr David Bannear Mr Laurie Brown Mr Geoffrey Caine Mr Jeff Cummins Ms Elaine Doling Mr Paul Dullard Mr Jordan Grenfell Mr Lucas Hodgens Ms Kay MacGregor M/S Jess Milroy Mr Colin Smith Mr Rod Spitty Ms Kathryn Stanislawski M/S Chris Weir Mr Darren Wright

Conflict of Interest disclosures

Matter No.

Councillor/officer making disclosure Councillor/officer left meeting

1. Crs Fyffe and Ruffell Yes

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Meeting Information

Meeting Name/Type

Consultation meeting

Meeting Date 15 August 2016

Matters discussed Planning application DR/406/2016 59 Barkly Street, BENDIGO 3550 Demolition of dwelling, pool and garage; construction of new dwelling, pool and garage; removal of drainage easement and creation of new drainage easement

Attendees/Apologies

Councillors Cr James Williams

Staff/ Community Representatives

Shannon Rosewarne Applicant Objectors

Conflict of Interest disclosures

Matter No.

Councillor/officer making disclosure Councillor/officer left meeting

Nil

RECOMMENDATION

That Council endorse the record of assemblies of Councillors as outlined in this report.

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6.4 CONTRACTS AWARDED UNDER DELEGATION

Document Information

Author Lee Taig, Contract Support Administrator, Contract & Project Coordination Unit

Responsible Kerryn Ellis, Director Organisation Support Director

Summary/Purpose

The purpose of this report is to provide information on contracts recently awarded under delegation.

Policy Context

Delivery of programs, projects and services that respond to community needs.

Report

RECOMMENDATION

That the contracts awarded under delegation, as outlined in this report, be acknowledged by Council.

Contract No Project Successful Contractor Value

(GST Excl) Delegated

Officer Date Signed

Capital Contracts

CT000270

Upgrading of Netball/Tennis Courts & Installation of Floodlights at Kennington Recreation Reserve

Avard Civil Pty Ltd 425,286.59 Michael Smyth 29 June

2016

CT000271 Spring Gully Soccer Change Room Construction Stage 1

Daniel Duna Constructions Pty Ltd

360,700.00 Michael Smyth 01 August 2016

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7. URGENT BUSINESS

Nil.

8. NOTICES OF MOTION

Nil.

9. COUNCILLORS' REPORTS

10. MAYOR'S REPORT

11. CHIEF EXECUTIVE OFFICER'S REPORT

12. CONFIDENTIAL (SECTION 89) REPORTS

Nil.


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