minutes - mount alexander shire council...minutes for the ordinary meeting of council held on...

MINUTES

FOR THE ORDINARY MEETING OF COUNCIL HELD ON

TUESDAY 13 MAY 2014 AT 7.30 PM IN THE

COUNCIL CHAMBER, MOUNT ALEXANDER SHIRE CIVIC CENTRE

CORNER LYTTLETON AND LLOYD STREETS, CASTLEMAINE.

Minutes of the Ordinary Meeting of Council – Mount Alexander Shire Council – 13 May 2014 of 45

TABLE OF CONTENTS

1. PRESENT 4

2. APOLOGIES 4

3. DECLARATIONS OF INTEREST/CONFLICTS OF INTEREST 4

4. MINUTES 4

4.1. ORDINARY MEETING OF COUNCIL – 22 APRIL 2014 4

5. PUBLIC QUESTION TIME 5

6. PETITIONS AND JOINT LETTERS 6

7. COMMITTEE REPORTS 7

7.1. MOUNT ALEXANDER SHIRE COUNCIL DISABILITY ACTION PLAN ADVISORY GROUP 7

8. ASSEMBLIES OF COUNCILLORS 10

8.1. ASSEMBLIES ON 2, 9, 15, 22 AND 29 APRIL 2014 10

9. OFFICER REPORTS 22

9.1. A VIBRANT HEALTHY COMMUNITY (VIB) 22 NO REPORTS. 22

9.2. BETTER COMMUNITY FACILITIES (BET) 23 BET 09 DELEGATION OF AUTHORITY TO SPECIAL COMMITTEES OF

COUNCIL (SECTION .86 COMMITTEE OF MANAGEMENT) – MALDON COMMUNITY CENTRE COMMITTEE OF MANAGEMENT 23

BET 10 DELEGATIONS TO SPECIAL COMMITTEE AND APPOINTMENTS TO SPECIAL COMMITTEES OF COUNCIL (S.86 COMMITTEE OF MANAGEMENT) – GUILDFORD RECREATION RESERVE COMMITTEE OF MANAGEMENT 26

BET 11 APPOINTMENTS TO SPECIAL COMMITTEES OF COUNCIL (SECTION 86 COMMITTEE OF MANAGEMENT) – BARINGHUP COMMUNITY ASSOCIATION COMMITTEE OF MANAGEMENT 30

BET 12 APPOINTMENTS TO SPECIAL COMMITTEES OF COUNCIL (SECTION 86 COMMITTEE OF MANAGEMENT) – BARFOLD HALL COMMITTEE OF MANAGEMENT 33

BET 13 APPROVAL OF FRANCIS STREET MALDON FOR ONE WAY TRAFFIC CONFIGURATION 36

9.3. A THRIVING LOCAL ECONOMY (ECO) 40 NO REPORTS. 40

9.4. BUILDING SUSTAINABLE COMMUNITIES (COM) 41 COM 18 RE-APPOINTMENT OF AUDIT AND RISK ADVISORY COMMITTEE

MEMBERS 41

10. DELEGATES REPORTS 44


11. NOTICE OF MOTION 44

11.1. NOTICE OF MOTION 03/2014 – COUNCIL TO WRITE TO THE MINISTER OF PLANNING 44

12. URGENT SPECIAL BUSINESS 45

13. MEETING CLOSE – 8.18 PM 45

SEPARATE ATTACHMENTS: Separate Attachment BET 09A Maldon Community Centre - Instrument of Delegation 2014. Separate Attachment BET 10A: Guildford Recreation Reserve – Instrument of Delegation 2014.


ACKNOWLEDGEMENT OF COUNTRY

To start the official proceedings I would like to acknowledge that we are meeting on Jaara country

of which the members and elders of the Jaara Jaara community and their forebears have been custodians for many centuries and have performed age old ceremonies of

celebration, initiation and renewal. We acknowledge their living culture and their unique role in the life of this region.

1. PRESENT

Councillors: Tony Bell, Chris Cole, Jessica Howard, Sharon Telford and Michael Redden.

Officers: Chief Executive Officer (Phil Rowland), Director Corporate Support (Lucy Roffey), Director Sustainable Communities (Carolyn Wallace) and Director Sustainable Development (Jason Taylor).

2. APOLOGIES

Councillor Christine Henderson.

3. DECLARATIONS OF INTEREST/CONFLICTS OF INTEREST

Nil

4. MINUTES

4.1. ORDINARY MEETING OF COUNCIL – 22 APRIL 2014

The unconfirmed minutes of the Ordinary Meeting of the Mount Alexander Shire Council held at 7.30 pm on 22 April 2014 at the Metcalfe Community Hall have been circulated to Councillors.

The unconfirmed minutes have also been posted on the Mount Alexander Shire Council website, pending confirmation at this meeting.

RECOMMENDATION

That the Minutes of the Ordinary Meeting of the Mount Alexander Shire Council held on 22 April 2014 be confirmed.

MOVED COUNCILLOR HOWARD

That the recommendation be adopted.

SECONDED COUNCILLOR BELL

CARRIED


5. PUBLIC QUESTION TIME

MOVED COUNCILLOR TELFORD

That standing orders be suspended at 7.33 pm.

SECONDED COUNCILLOR COLE

CARRIED.

a. Ms Rebecca Payne, President, South Castlemaine Kindergarten.

Ms Payne spoke in relation to the additional room currently planned for the kindergarten and stated the Committee had an alternative proposal. She suggested that by placing the building on a disused block of land adjacent to the Kindergarten, the current play space could be retained. She also advised that it would be safer for children to enter at this alternate location; as such Ms Payne recommended the current tender process to be stopped.

• The Director Sustainable Communities (DSC) responded by advising that this alternate location was considered in the early stages of the project but was found not to be feasible. She noted that there has been consultation with a project management group, which consisted of representatives from the kindergarten committee, YMCA, Council and the Department of Education and Early Childhood Development. The DSC advised that tenders for the project have now closed and the evaluation process is underway. She advised that there is a meeting scheduled for tomorrow at which she can take new committee members back through the history of the project and the current proposal.

b. Ms Rachel Honeychurch, Treasurer, South Castlemaine Kindergarten.

Ms Honeychurch advised that she had been involved in the project since 2012 and had found the process frustrating and felt that Council was not taking into consideration the Committees concerns around the location of the building and loss of play space.

• Councillor Howard asked for clarification as to where the furnishings were being funded from and further asked if the building project does not proceed, what would happen to the $300,000 funding grant that had been received.

• The DSC responded that loose furniture was not included in the project budget, but funds for loose furniture could be sourced from other relevant budgets. She stated that the funding grant was tied to this project and could not be used for any other purpose.

c. Mr Alan Miller, Keep Baringhup Clean Group.

Mr Miller stated that the broiler farm planning permit applications do not meet the standards set out in Clause 35.07-01 of the Planning Scheme.

• The Director Sustainable Development (DSD) noted that he will forward this information back to the Council statutory planners assessing the application.

• Councillor Howard asked Mr Miller if he had been submitting his concerns in writing to the Planning Department, to which he responded that he had.


d. Ms Cathy McCallum, Baringhup resident.

Ms McCallum spoke in relations to the broiler farmer planning permit application, stating that she believed that the flora report provided by the applicant was deficient and asked if the Planning Department was aware of this oversight.

• The DSD advised that he believed that the Planning Department were aware of issues relating to the flora report and this would be considered as part of the application assessment.

e. Joyce Sanders

Ms Sanders spoke in relation to the guidelines for trading on footpaths and advised that she would continue to argue against any changes to the current guidelines. Ms Sanders asked if there would be any consultation with local traders before changes were proposed.

• The Mayor responded by advising that Ms Sanders would be invited to attend the next Disability Action Plan Advisory Group meeting to discuss the issue.

• The DSD advised that there is a small amount of funding in the budget for works in the Castlemaine CBD to improve accessibility; however specific projects had not as yet been identified.

f. Joe Wilson, Campbells Creek resident.

Mr Wilson advised that he wished to contact someone within Council with regard to illegal fencing at the rear of his property. He advised that he had received a letter from Council that had indicated that the fence was to be removed; however, this has not occurred.

• The Chief Executive Officer (CEO) obtained Mr Wilson’s details so that he could follow up the matter.

g. Mr Calvin McLean, Vice President, South Castlemaine Kindergarten

Mr McLean stated that the town was running out of space and that he doesn’t wish to see the kindergarten run out of space for the play area.

6. PETITIONS AND JOINT LETTERS

Nil


That standing orders be resumed at 7.58 pm.

SECONDED COUNCILLOR TELFORD

CARRIED.


7. COMMITTEE REPORTS

7.1. MOUNT ALEXANDER SHIRE COUNCIL DISABILITY ACTION PLAN ADVISORY GROUP

RECOMMENDATION

That the Minutes of the Mount Alexander Shire Council Disability Action Plan Advisory Group meeting held on 2 April 2014 be noted (Attachment 7.1).

MOVED COUNCILLOR COLE



CARRIED


8. ASSEMBLIES OF COUNCILLORS

8.1. ASSEMBLIES ON 2, 9, 15, 22 AND 29 APRIL 2014

RECOMMENDATION

That the Records for the Assemblies of Councillors on 2 April, 9 April, 15 April, 22 April and 29 April 2014 be accepted into the Minutes of this meeting (Attachments 8.1, 8.2, 8.3, 8.4 and 8.5).



SECONDED COUNCILLOR HOWARD

CARRIED


9. OFFICER REPORTS

9.1. A VIBRANT HEALTHY COMMUNITY (VIB)

NO REPORTS.


9.2. BETTER COMMUNITY FACILITIES (BET)

BET 09 DELEGATION OF AUTHORITY TO SPECIAL COMMITTEES OF COUNCIL (SECTION .86 COMMITTEE OF MANAGEMENT) – MALDON COMMUNITY CENTRE COMMITTEE OF MANAGEMENT

Responsible Director: Director Corporate Support Responsible Officer: Manager Governance Original Document: DOC/14/19404

1. Purpose

The purpose of this report is to request Council delegate powers to this Special Committee of Council, being the Maldon Community Centre Committee of Management, as outlined in the Instrument of Delegation, as required under Section 86(6) of the Local Government Act 1989 (the Act).

Refer to:

Separate Attachment BET 09A Maldon Community Centre - Instrument of Delegation 2014.

2. Background

Special Committees of Council are created under Section 86 of the Local Government Act 1989. They are legally part of Council, with many of the responsibilities and obligations of Council with regard to meeting procedures, conflicts of interest, conduct arrangements and accountability for public funds.

The powers, duties and responsibilities of Council are delegated to Committees by an Instrument of Delegation (IoD), which describes what Committees can do, and also what limitations are placed on them. In addition to the IoD, the operations of Special Committees are subject to the provisions of the Local Government Act. The IoD gives Committees broad powers to manage Council facilities and to provide advice and guidance to Council on the management of these facilities.

The Local Government Act requires these delegations to be reviewed within 12 months of a general municipal election. A major cross–Council project was undertaken in 2013 to develop a new template instrument, to consult with a range of relevant Council service units and Committees and to gain Committee members’ support for the new IoD. The Maldon Community Centre Committee of Management did not reach an agreement at the finalisation of the review in 2013 and Council officers have been working with the Committee to reach a resolution which has not occurred until now.

3. Policy and Statutory Implications

Including consideration of Economic, Social and Environmental impacts.

Council may create special committees of Council consisting of Councillors, Council staff, other people or any combination of the above under Section 86(1) of the Act and may delegate any of its powers duties and functions under the Local Government Act or any other Act, as it sees fit, under Section 86(3). There are a small number of exceptions to this power of delegation.


4. Issues

The Instrument of Delegation has been redrafted to achieve the following:

• To affirm the legal identity of Special Committees of Council and their relationship to Council;

• To confirm the powers and duties of Special Committees of Council on behalf of Council and to place a greater obligation on Council to support and oversee the activities of Special Committees of Council;

• To bring the IoD up to date with legislative changes since many were first adopted (LGA 2008, 2009 and 2012 Amendments);

• To better meet the needs of Special Committees of Council and to be more useful and practical documents while maintaining their legal validity;

• To provide more consistency across all Special Committees of Council, and in particular across similar Committees e.g. Recreation Committees and Hall Committees ; and

• To improve Council’s compliance with the Local Government Act.

5. Financial and Resource Implications

There has been significant staff resources required to undertake the consultation and liaison with Committees to reach agreement on the new IoDs. This has been accommodated within existing resources.

6. Consultation

Changes to the Maldon Community Centre Committee of Management and its Instrument of Delegation have been completed with consultation from both the Committee and Council officers.

7. Conclusion

In March 2013, Council commenced a project to undertake the statutory review of delegations from Council to Special Committees. The Local Government Act requires that this review must be completed by 25 October 2013. This Review has resulted in major changes to the IoDs to bring them into line with changes to the Local Government Act, to better manage risk, to enhance compliance while clarifying expectations and provide greater guidance to Committees. Amendments to the IoDs have also been made as a result of feedback from Committees.

In order for the Maldon Community Centre Committee of Management to be able to operate on behalf of Council to manage Council’s facilities and support their communities, Council must delegate relevant powers to the Committee. The attached Instrument of Delegation is the formal mechanism for doing this. The Committee is now ready to adopt the revised Instrument of Delegation adopted by Council for most other Committees in 2013.


RECOMMENDATION

In exercise of the powers conferred by sections 86 and 87 of the Local Government Act 1989 (the Act), Council resolves that:

1. From the date of this resolution, there be confirmed as A Special Committee of Council, the Maldon Community Centre Committee of Management:

2. There be delegated to the Committee, the powers, duties and functions set out in the attached Instrument of Delegation (see Separate Attachment BET 09A).

3. The purposes, members and quorum for meetings of the Committee are those set out in the attached Instrument;

4. The Committee is required to report to Council at the intervals specified in the attached Instrument;

5. The members of the Committee who are not Councillors are, pursuant to section 81(2A) of the Act, exempted from being required to submit a primary return or ordinary returns;

6. All members of the Committee except Councillors and Chief Executive Officers’ delegates have voting rights on the Committee;

7. The Instrument: (a) comes into force immediately the common seal of Council is affixed to the

Instrument; and (b) remains in force until Council determines to vary or revoke it;

8. The powers, duties and functions conferred on the Committee by the Instrument must be exercised in accordance with any guidelines or policies Council may from time to time adopt; and

9. The CEO affix Council’s Common Seal to the Instrument of Delegation.




CARRIED


BET 10 DELEGATIONS TO SPECIAL COMMITTEE AND APPOINTMENTS TO SPECIAL COMMITTEES OF COUNCIL (S.86 COMMITTEE OF MANAGEMENT) – GUILDFORD RECREATION RESERVE COMMITTEE OF MANAGEMENT


1. Purpose

The purpose of this report is to request Council delegate powers to this Special Committee of Council as outlined in the Instrument of Delegation and to formally appoint the membership of the Guildford Recreation Reserve Committee of Management.

Refer to:

Separate Attachment BET 10A: Guildford Recreation Reserve – Instrument of Delegation 2014.

2. Background

The Guildford Saddle Club Reserve Committee of Management was established as a Committee of Management under Council under Section 86 (3) of the Local Government Act 1989 and the Interpretation of Legislation Act 1984 – Section 41A).

Due to a change in requirements as a part of the recent review of Council’s Instrument of Delegations, all members of the Guildford Saddle Club Recreation Reserve resigned from their positions. A new committee was formed, being the Guildford Recreation Reserve Committee of Management, with responsibility for managing the Reserve shared between community members and members of the only current user group, the Guildford Saddle Club. The new Committee will take on all the responsibilities of the former Guildford Saddle Club Reserve Committee of Management.

The function of this Committee is to manage the use and operations of the Guildford Recreation Reserve on the corner of Reserve Street and Butterfly Lane, Guildford.

The membership of the Committee, as provided for in the proposed Instrument of Delegation is:

1 The membership of the Special Committee is:

Up to 9 and no less than 5 members of the community of Guildford and surrounding districts appointed by resolution of Council.

Members are appointed for three years also as a result of changes to the Committee’s Instrument of Delegation.




This committee was initially formed in order to control and manage Council properties and to act as a policy development, planning, promotion and co-ordinating body for the associated properties. Their powers and administration are governed by an Instrument of Delegation from Council under Section 86 of the Local Government Act (1989).

4. Issues

The need to issue a new Instrument of Delegation has arisen as a result of the changes to the Committee. The revised Instrument of Delegation is consistent with the powers, duties and functions delegated to other special committees by Council at its Ordinary Meeting on 22 October 2013, as a consequence of the statutory reviews of delegations to Committees.

The Committee held its inaugural meeting on 12 January 2014 and has subsequently advised Council of its proposed membership.

Council is the only party able to appoint persons to Section 86 Special Committees of Council. Appointment enables insurance coverage from Council’s insurance company and also provides the basis of appropriate governance arrangements for the Committees, in accordance with the Local Government Act.


There has been significant staff resources required to undertake the consultation and liaison with Committees to reach agreement on the new IoDs. This has been accommodated within existing resources.

6. Consultation

Changes to the Guildford Recreation Reserve Committee of Management and it Instrument of Delegation have been completed with consultation from both the Committee and Council officers.

7. Conclusion

The Guilford Recreation Service has been managed on behalf of Council by the Guildford Saddle Club Reserve Committee of Management. This Committee now wishes to broaden its membership and to change its name to the Guildford Recreation Reserve Committee of Management, and to adopt the revised Instrument of Delegation adopted by Council for most other Committee in 2013.

Additionally, they have had an inaugural meeting of the newly named entity and have requested Council formally appoint its membership.

RECOMMENDATION

That Council:

1. From the date of this resolution, there be confirmed as a Special Committee of Council, the Guildford Recreation Reserve Committee of Management (“the Committee”);


2. There be delegated to the Committee the powers, duties and functions set out in the attached Instrument of Delegation (the Instrument) (at Separate Attachment BET 10A);

3. The purposes, members and quorum for meetings of the Committee are those set out in the attached Instrument;

4. The Committee is required to report to Council at the intervals specified in the attached Instrument;

5. The members of the Committee who are not Councillors are, pursuant to section 81(2A) of the Act, exempted from being required to submit a primary return or ordinary returns;

6. All members of the Committee except Councillors and Chief Executive Officers’ delegates have voting rights on the Committee;

7. The Instrument:

a. comes into force immediately the common seal of Council is affixed to the Instruments; and

b. remains in force until Council determines to vary or revoke them individually or collectively;

8. The powers, duties and functions conferred on the Committees by the Instruments must be exercised in accordance with any guidelines or policies Council may from time to time adopt;

9. The CEO affix Council’s Common Seal to the Instrument;

10. Revokes the Instrument of Delegation for the Guildford Saddle Club Committee of Management, dated 27 July 2004;

11. Appoint the following persons to the Guildford Recreation Reserve Committee of Management listed for the period 12 January 2014 to 11 January 2017; and

Name Expiry Date Representation

Jill Reece 11 January 2017 Chairperson / Community Representative

Sonya Catterall 11 January 2017 Secretary / Guildford Saddle Club

Fran Reed 11 January 2017 Treasurer / Guildford Saddle Club Representative

Jana Kuhr 11 January 2017 Committee Member / Guildford Saddle Club Representative

Annie Gray 11 January 2017 Committee Member / Community Representative

Klim Gollan 11 January 2017 Committee Member / Community Representative

12. Write to the Committee confirming these appointments.





CARRIED


BET 11 APPOINTMENTS TO SPECIAL COMMITTEES OF COUNCIL (SECTION 86 COMMITTEE OF MANAGEMENT) – BARINGHUP COMMUNITY ASSOCIATION COMMITTEE OF MANAGEMENT


1. Purpose

The purpose of this report is to request Council formally appoint the membership of the Baringhup Community Association Committee of Management.

2. Background

This Committee is constituted as a Section 86 Committee of Council (pursuant to the Local Government Act 1989 – Section 86 (3) and the Interpretation of Legislation Act 1984 – Section 41A).

The function of this Committee is to manage the use and operations of the Baringhup community facilities, being Baringhup Hall, Baringhup Tennis Courts and surrounding areas, Baringhup Cricket Grounds and the Baringhup Recreation Reserve, between the Hall and Tennis Club at 38 and 39 Alfred Street, Baringhup.

The membership of the Committee, as provided for in its Instrument of Delegation is:

• One representative from Baringhup CFA; • One delegate from Baringhup Primary School; • Two delegates from the Baringhup Hall Committee; • Two delegates from Baringhup Recreation Reserve; • Four delegates from the community; • One delegate from the Baringhup Tennis Club; and • One delegate from Baringhup Cricket Club Incorporated. Members are appointed for one year and were last appointed to the Committee in September 2012.

The current members are:

Dale Farnsworth President Viv Markham Secretary Alison Thomas Treasurer Cathy McCallum Committee Member Steve Kile Committee Member (Hall Representative) Jacqui Brown Committee Member (Hall Representative) Brendan McKnight Committee Member (CFA Representative) Colin Jennings Committee Member (Community Representative) Alan Johnston Committee Member (Community Representative) Brian Thomas Committee Member (Community Representative) Andrew Leckie Committee Member Rick Groves Committee Member (Hall Representative)




This Committee was initially formed in order to control and manage Council properties and to act as a policy development, planning, promotion and co-ordinating body for the associated properties. Its powers and administration are governed by an Instrument of Delegation from Council under Section 86 of the Local Government Act (1989).

4. Issues

Council is the only party able to appoint persons to Section 86 committees. Appointment enables insurance coverage from Council’s insurance company and also provides the basis of appropriate governance arrangements for the Committees in accordance with the Local Government Act.

The Committee held its Annual General Meeting in October 2013, and Council subsequently contacted the Committee and confirmed the membership composition.

The Instrument of Delegation also allows for the Chief Executive Officer and his/her nominee, and the Ward Councillor to attend any meeting as ex-officio members of the Committee. Council representation for this Committee is Councillor Sharon Telford.


Nil.

6. Consultation

The Baringhup Community Association Committee of Management has advised Council of a proposed change to their membership and has requested Council appointment as set out in their Instrument of Delegation.

7. Conclusion

As set out in the Instrument of Delegation, Council appointment of the membership is required. The proposed appointments are consistent with the Committee’s Instrument of Delegation. Only Council can make these appointments.

RECOMMENDATION

That Council: 1. Appoint the following persons to the Baringhup Community Association

Committee of Management listed for the period from 14 October 2013 to 13 October 2014;

Name Representative Expiry Date

Dale Farnsworth President 13 October 2014 Brian Thomas Secretary / Baringhup Community

Representative 13 October 2014



Alison Thomas Treasurer / Baringhup Tennis Club Representative

13 October 2014

Brendan McKnight

Baringhup CFA Representative 13 October 2014

Andrew Leckie Baringhup Primary School Representative

13 October 2014

Alan Johnston Baringhup Hall Committee Representative

13 October 2014

Rick Groves Baringhup Hall Committee Representative

13 October 2014

Jacqui Brown Baringhup Community Representative

13 October 2014

Sean Dupe Baringhup Community Representative

13 October 2014

Colin Jennings Baringhup Community Representative

13 October 2014

Steve Kile Baringhup Cricket Club Incorporated Representative

13 October 2014

2. Write to the Committee confirming these appointments;

3. Write to the returning Committee members being Dale Farnsworth, Brian Thomas, Alison Thomas, Brendan McKnight, Andrew Leckie, Alan Johnston, Rick Groves, Jacqui Brown, Colin Jennings and Steve Kile ; thanking them for their contribution to the Committee and their local community in the last year;

4. Write to the new Committee member being Sean Dupe, welcoming them to the Committee; and

5. Write to the retiring members Viv Markham and Cathy McCallum, thanking them for their contribution to the Baringhup Community Association Committee of Management during their terms of office.




CARRIED


BET 12 APPOINTMENTS TO SPECIAL COMMITTEES OF COUNCIL (SECTION 86 COMMITTEE OF MANAGEMENT) – BARFOLD HALL COMMITTEE OF MANAGEMENT


1. Purpose

The purpose of this report is to request Council formally appoint the membership of the Barfold Hall Committee of Management.

2. Background

This Committee is constituted as a Section 86 Committee of Council (pursuant to the Local Government Act 1989 – Section 86 (3) and the Interpretation of Legislation Act 1984 – Section 41A).

The function of this Committee is to manage the use and operations of the hall and associated buildings, located at Kyneton-Redesdale Road, Barfold.

The membership of the Committee, as provided for in its Instrument of Delegation is:

1. Up to twelve and no less five members of the Barfold community.

Members are appointed for three years and were last appointed to the Committee in December 2011.

The current members are:

Elaine Murphy Secretary / Treasurer / Bookings Officer Cornelius McGiffin Caretaker Craig Aitken Committee Member Sandra Aitken Committee Member Keith Gale Committee Member Su Mitton Committee Member Terry Mitton Committee Member Phillip Don Committee Member Susan Don Committee Member Anna Lawry Committee Member Neil Lawry Committee Member Briony Barker Committee Member John Noonan Committee Member Marie Noonan Committee Member



This Committee was initially formed in order to control and manage Council properties and to act as a policy development, planning, promotion and co-ordinating body for the associated properties. Its powers and administration are governed by an Instrument of Delegation from Council under Section 86 of the Local Government Act (1989).


4. Issues

Council is the only party able to appoint persons to Section 86 committees. Appointment enables insurance coverage from Council’s insurance company and also provides the basis of appropriate governance arrangements for the Committees in accordance with the Local Government Act.

The Committee held its Annual General Meeting in February 2014, and has notified Council of its proposed membership.

The Instrument of Delegation also allows for the Chief Executive Officer and his/her nominee, and the Ward Councillor to attend any meeting as ex-officio members of the Committee. Council representation for this Committee is Councillor Christine Henderson.


Nil.

6. Consultation

The Barfold Hall Committee of Management has advised Council of a proposed change to their membership and has requested Council appointment as set out in their Instrument of Delegation.

7. Conclusion

As set out in the Instrument of Delegation, Council appointment of the membership is required. The proposed appointments are consistent with the Committee’s Instrument of Delegation. Only Council can make these appointments.

RECOMMENDATION

That Council: 1. Appoint the following persons to the Barfold Hall Committee of Management

listed for the period from 13 March 2014 to 12 March 2017;


Su Mitton Chairperson 12 March 2017

Jeannette Metcalf Treasurer 12 March 2017

Sandra Aitken Secretary 12 March 2017

Elaine Murphy Committee Member 12 March 2017

Peg Higginbottom Committee Member 12 March 2017

Lyall Metcalf Committee Member 12 March 2017

Ray Shea Committee Member 12 March 2017

Phillip Don Committee Member 12 March 2017



Karen Halloran Committee Member 12 March 2017

2. Write to the Committee confirming these appointments;

3. Write to the returning Committee members being Su Mitton, Sandra Aitken, Elaine Murphy, and Phillip Don; thanking them for their contribution to the Committee and their local community in the last year;

4. Write to the new Committee member being Jeannette Metcalf, Peg Higgnbottom, Lyall Metcalf, Ray Shea and Karen Halloran, welcoming them to the Committee; and

5. Write to the retiring members Cornelius McGiffin, Craig Aitken, Keith Gale, Terry Mitton, Susan Don, Anna Lawry, Neil Lawry, Briony Barker, John Noonan and Marie Noonan, thanking them for their contribution to the Barfold Hall Committee of Management during their terms of office.

MOVED COUNCILLOR BELL



CARRIED


BET 13 APPROVAL OF FRANCIS STREET MALDON FOR ONE WAY TRAFFIC CONFIGURATION

Responsible Director: Jason Taylor, Director Sustainable Development Responsible Officer: Ben Grounds, Manager Infrastructure Original Document: DOC/14/19563

1. Purpose

The purpose of this report is to request Council approve the conversion of Francis Street, Maldon, west of High Street, to a one way street with associated parking changes.

2. Background

Regular events at the Bill Woodfull Recreation Reserve create vehicle access issues for the local police station personnel as well as other emergency services.

This has been an outstanding issue for some time and the former Manager Infrastructure met with a concerned residents’ group in Maldon regarding this matter in 2012.

A report by then Leading Senior Constable, Rick Janssen from Maldon Police, advises that during the antique fair held at the Recreation Reserve, vehicles were parked on both sides of Francis Street, narrowing the carriageway width for vehicle movements to one direction only. When there are vehicles travelling in two directions there is insufficient space and in many instances one vehicle must reverse to allow the other to pass safely.

There have been instances where it has taken a police officer 15 minutes to travel from High Street to the police station, due to the congestion, which is unacceptable in an emergency situation.

Francis Street is currently a two-way street with unrestricted parking on both side of the road.


Section 35 of the Road Management Act give Council the power to all things necessary to fulfil its functions under this Act, subject to the provisions of the Act. This decision is consistent with this.

As the responsible road manager Council has the authority to erect a “Do Not Enter” sign effecting a one-way street under the Road Safety (Traffic Management Regulations) 2009, providing it has approval from VicRoads.

Council has the authority to place a sign for the control of parking under Section 10 of the Road Safety (Traffic Management Regulation) 2009.

Any works to address the issues in the report must not conflict with the Road Safety Road Rules 2009.

4. Issues

Council officers propose to undertake works to convert Francis Street, Maldon to a one-way street with associated parking changes.


A reconfiguration of Francis Street would alleviate the congestion and safety issues. This would involve signage and line-marking indicating:

• Francis Street (west of High Street) as a one way street, with the entry at the south end and exit at the north end,

• Unrestricted parking on only one side of this section of Francis Street, with parking banned on the opposite side,

• No parking on either side of the unnamed road leading to the Police Station and the Bill Woodfull Recreation Reserve parking area.

Two options exist for the unrestricted parking in the first section of Francis Street, adjacent to the Croquet Club and gardens and picnic area:

• Option 1: Parking on the north side, opposite the gardens, • Option 2: Parking on the south side, on the same side as the gardens. This

means people visiting the gardens by car would not have to cross Francis Street to or from a parked vehicle.

The rest of Francis Street would have parking only on the right hand side of the street, as parking would be too limited the left hand side of the street due to intersections, sightlines, and open drains.

Option two, with parking adjacent to the gardens, requires the installation of bollards along the footpath to separate car parking from pedestrians, as well as to protect an existing Powercor electrical pole. Additionally, as seen in the Figure 1 below, the existing road pavement seal is narrow and aligned to the left of the road reserve, meaning cars would park on the existing seal and the trafficable carriageway would be on the currently unsealed section of the road, which would therefore require sealing.

Figure 1 Francis Street looking towards Bill Woodfull Recreation Reserve, in direction of proposed travel.

Crossing the street from parking opposite the gardens, while not as convenient as parking on the same side of the street as the gardens, is considered safe as the street is a low speed, low traffic volume environment, with traffic coming from only one direction (upon implementation of the proposal). Sight lines are also good,


particularly around the gardens and picnic area entry, where most people would be crossing.

The existing parking space for people with a disability, currently on the left hand side of the road adjacent to the Croquet Club, will be relocated in Francis Street as part of the works.

These changes to parking may create some demand for parking in nearby streets associated with events at the recreation reserve, and this demand can be absorbed by existing parking facilities.

The proposal will maximise vehicle movement through the area, increase safety for pedestrians and road users, and minimise delays for vehicles (including emergency service vehicles) travelling along Francis Street.

Whilst option two, with parking on the Maldon side of Francis Street, has the advantage of reducing the need for visitors to the gardens to cross the road from their parked car, the significant additional cost of this option outweighs the benefit.


Parking option one, with only signage and line-marking, can be achieved at a small cost that can be accommodated within the existing operating budget. The Works Unit is able to undertake the works immediately.

The additional cost of bollards and additional road sealing as part of option two would be approximately $10,000. Additional budget provision would be required for this option.

6. Consultation

Consultation on option one has taken place with the Maldon Police, the Maldon Football Netball Club Committee, and Council’s Local Economy Unit, who are all supportive of this proposal.

VicRoads has been consulted and support the proposal.

The community will be informed of the changes via written correspondence to the directly affected residents and businesses, and an advertisement in the Tarrengower Times newspaper to inform the broader community.

7. Conclusion

Reconfiguring Francis Street to a one way street, with entry at the south end and exit at the north end, and with parking restricted to the right hand side of the street, as well and parking banned on the unnamed road leading to the police station, will address the safety and access issues related to events at the Bill Woodfull oval. This is conditional on VicRoads formalising their support with written approval. Council can effect this change through the placement of appropriate signage.


RECOMMENDATION

That Council:

1. Erect a ‘Do not Enter sign” at the north end of Francis Street, Maldon to make the street one way from the west end of High Street, conditional on formal VicRoads approval; and

2. Erect parking control signs for parking on the right hand side of Francis Street, Maldon, and no parking on the unnamed road, running east west from Francis Street to the police station.


That Council:

1. Erect a ‘Do not Enter sign” at the north end of Francis Street, Maldon to make the street one way from the west end of High Street, conditional on formal VicRoads approval; and

2. Erect parking control signs for parking on the left hand side of Francis Street, Maldon, and no parking on the unnamed road, running east west from Francis Street to the police station.


CARRIED


9.3. A THRIVING LOCAL ECONOMY (ECO)

NO REPORTS.


9.4. BUILDING SUSTAINABLE COMMUNITIES (COM)

COM 18 RE-APPOINTMENT OF AUDIT AND RISK ADVISORY COMMITTEE MEMBERS

Responsible Director: Director Corporate Support Responsible Officer: Director Corporate Support Original Document: DOC/14/19315

1. Purpose

The purpose of this report is to recommend to Council the re-appointment of the independent members of the Audit and Risk Advisory Committee for further terms in accordance with the Audit Committee Charter.

2. Background

Council resolved at the Ordinary Meeting of Council on 14 December 2010 to revoke the Audit Committee Section 86 delegation and re-establish the Committee as an Advisory Committee under Section 139 of the Act. Council also resolved to rename the Committee the Audit and Risk Advisory Committee and to adopt a new Audit and Risk Advisory Committee Charter.

At the Ordinary Meeting of Council on 8 March 2011 Council appointed the current members of the Audit and Risk Advisory Committee for a three year term commencing 1 July 2011.

At the Statutory Meeting of Council on 12 November 2013 Council appointed Councillor Michael Redden and Councillor Chris Cole as the Councillor representatives on the Committee.



It has been mandatory since 2004 for councils to establish an Audit Committee as an advisory committee under Section 139 of the Local Government Act.

The Audit and Risk Advisory Charter outlines the following membership requirements:

The Committee will be comprised of up to six members as follows:

• Two Councillors; and • Up to four independent members, one of whom shall be appointed as

Chairman of the Committee by council upon a recommendation of the Chief Executive Officer.

The Charter states that members of the Committee shall be appointed for a three year term and are eligible to be reappointed after the expiry of their terms to a maximum of two terms or six years. The terms of appointment shall be aligned with the beginning of Council’s financial year.


4. Issues

The appointment of the current independent members of the Audit and Risk Advisory Committee was for a three year term. The Charter allows members to be reappointed for a second term of three years. To facilitate succession planning, it is advisable that any reappointments have staggered terms so that all members’ terms do not expire on the same date.

All current members of the Audit and Risk Advisory Committee have nominated for reappointment. Mr Bob Stensholt and Mr Ken Belfrage have nominated for reappointment for a three year period, Mr Alan Honey and Mr Garry Johnstone have nominated for a two year period to assist in the facilitation of the succession plan for the Committee.

It is recommended that Mr Bob Stensholt is also reappointed as Chair of the Audit and Risk Advisory Committee for a three year period.

Section 139 (7) of the Local Government Act allows Councils to pay a fee to independent members at their discretion.


The Audit and Risk Advisory Committee Charter states that “Remuneration will be paid to each independent member of the Committee (the basis shall be an annual fee, with an additional amount paid to the Chairperson, or a set fee per meeting, or another basis as appropriate)”.

It is recommended that Committee Members continue to be paid $250 per meeting with the Chair receiving an additional $250 per meeting. The total cost to Council is approximately $5,000 per annum.

6. Consultation

Re-appointment and succession planning for the Audit and Risk Advisory Committee was discussed by the Committee at its Meeting held on 6 March 2014.

7. Conclusion

The Audit and Risk Committee independent members’ terms expire on 1 July 2014. All four members have nominated for re-appointment with two members nominating for the maximum three years and two members nominating for two years in order to facilitate succession planning for the Committee.

RECOMMENDATION

That Council:

1. Re-appoint Bob Stensholt and Ken Belfrage as independent members of the Audit and Risk Advisory Committee for a term of three years commencing 1 July 2014;

2. Re-appoint Alan Honey and Garry Johnstone as independent members of the Audit and Risk Advisory Committee for a term of two years commencing 1 July 2014;

3. Re-appoint Bob Stensholt to be Chair of the Audit Committee for a term of three years commencing 1 July 2014;


4. Set the annual fee for Independent Members at $250 per meeting with an additional $250 per meeting paid to the Chair; and

5. Write to the Committee Members thanking them for their contribution over the last three years and notifying them of their re-appointment.

MOVED COUNCILLOR COLE



CARRIED


10. DELEGATES REPORTS

Nil

11. NOTICE OF MOTION

11.1. NOTICE OF MOTION 03/2014 – COUNCIL TO WRITE TO THE MINISTER OF PLANNING


That Council write to the Minister for Planning advising that the proposed works contained in Planning Applications PA013/2014, PA014/2014 and PA015/2014 may have a significant effect on the environment and refer the matter to the Minister for Planning for advice as to whether an Environment Effects Statement (EES) is required.

Rationale

Council has received planning permit applications for the development of three broiler farms in the Baringhup area. The applications are currently being assessed. The applications have generated significant interest in the local and broader community and questions and concerns have been raised regarding the potential impact on the environment from the proposed developments. There is a range and complexity of potential adverse effects.

Under the Planning Scheme the applicant is required to provide layout plans, landscape plans, locality information and an environmental management plan which addresses many aspects of the operation of the proposed farms.

The Environment Effects Statement would enable all potential environmental impacts to be fully assessed.

There is particular concern regarding the following environmental consequences:

• the potential effects on the waterways, being the Loddon River and Boundary Gully;

• the potential effects on endangered flora and fauna;

• the potential amenity and health of the nearby residents and residents of the township of Baringhup;

• the potential effects on Aboriginal cultural heritage;

• odour;

• dust; and

• noise.

SECONDED COUNCILLOR HOWARD

CARRIED


COUNCILLOR HOWARD CALLED FOR A DIVISION Councillors who voted for the Motion:

• Councillors Bell, Cole, Howard, Redden and Telford. Councillors who voted against the motion:

• Nil

12. URGENT SPECIAL BUSINESS

Nil

13. MEETING CLOSE – 8.18 PM


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